In Dispute with Your Neighbour? A Lawyer Will Help to Restore Peace

9th April, 2021 By

Disputes between neighbours frequently inflict enormous emotional and financial harm on all involved. A High Court dispute concerning use of a shared driveway showed why any lawyer would advise sensible negotiation as a far better alternative to litigation. A couple's right of way over the driveway, by which they accessed their rural home, was restricted to passage on foot or by private motor vehicles. Their neighbour, with whom they shared the driveway, launched proceedings against them alleging that they were in long-standing breach of that restriction by permitting its use...

Clerical Errors in Your Will or Codicil Can Create Discord After You Are Gone

6th April, 2021 By

Even apparently obvious or trifling clerical errors in a will or codicil may provide fertile ground for dispute and that is why it is so important to have such documents drafted by a professional. In a High Court case on point, a straightforward mathematical blunder came close to defeating a deceased scientist's wishes. By his will, the man divided his residuary estate – which was worth over £900,000 – into 52 equal parts. Six named individuals were each to receive six of those parts and the remaining 16 parts were...

Interim Maintenance in Divorce Proceedings – Court of Appeal Gives Guidance

31st March, 2021 By

Working out the financial consequences of divorce takes time and that is why judges have the power to make interim maintenance awards to bridge the gap. In an important ruling, the Court of Appeal gave guidance on how that power should be exercised to provide for reasonable financial support and relieve hardship. The case concerned a couple in their 40s who separated after 10 years of marriage. Pending a full financial remedies hearing, the wife sought interim maintenance under Section 22 of the Matrimonial Causes Act 1973. A deputy district...

Passenger Defeats International Airline in Battle Over Misspelt Name

26th March, 2021 By

Individuals can feel almost powerless when faced with the might of large corporations but, with the right legal advice, that is very far from being so. In a case on point, a judge ruled that an international airline had no right to charge a passenger almost £1,000 for a fresh ticket merely because the original contained a spelling mistake. Six days before he and his wife were due to fly to Canada, the passenger noticed that his wife's name was misspelt on her ticket. After contacting the airline, he was...