Neighbours Planning a Garden Development? You Are Not Powerless

28th June, 2021 By

Domestic gardens, which many people view as the glory of British suburbia, present a tempting prospect to builders amidst burgeoning housing demand. As one case showed, however, objectors to such developments are by no means powerless. The owners of a semi-detached house obtained planning permission to build a new four-bedroom home in its garden. That, however, was not the end of the matter in that the property's title deeds contained a restrictive covenant which forbade use of the proposed development site for any purpose, save that of a private garden....

COVID-19 – Court of Protection Sanctions Vaccination of Vulnerable Adult

25th June, 2021 By

Many of the most vulnerable members of society lack the mental capacity required to consent to being vaccinated against COVID-19. As a Court of Protection case showed, that fact can give rise to formidable legal difficulties. The case concerned a care home resident, aged in his 30s, who lacked capacity due to lifelong severe learning disabilities, autism and epilepsy. His condition was such that it was impossible to discern whether he wished to be vaccinated or not. His father strongly objected to him undergoing the procedure. The father said that he...

High Court Rejects Divorcee's Bid to Annul Ex-Husband's Bankruptcy

22nd June, 2021 By

It is sadly true that bankruptcy proceedings are sometimes used by perfectly solvent individuals for purposes other than seeking to satisfy their creditors or manage their debts. However, as a High Court case showed, alleging such conduct is one thing and proving it quite another The case concerned a man who was adjudicated bankrupt on the petition of a friend and business associate. He was at the time engaged in divorce proceedings and, soon after the bankruptcy order was made, a family judge directed him to transfer his interest in...

Trusts – Court Relieves Family of Severe Tax Consequences of Drafting Error

18th June, 2021 By

Trusts are delicate and often complex legal instruments and any flaws in the wording of documents relating to them can have grave tax and other consequences. As a High Court case showed, however, inadvertent drafting errors can be corrected. The case concerned two trusts of which a widow and her son, her only child, were trustees and beneficiaries. They contained assets worth over £700,000, including a half share in the widow's home. By deeds of appointment, the son was granted life interests in both trust funds. The effect was that...