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LATEST NEWS

You Are Entitled to Rely on Ostensibly Competent Professional Tax Advice

17th January, 2023 By

When it comes to tax matters, there is a tendency for fiscally inexperienced people to simply sign whatever documents their accountants put in front of them. That can be a risky approach but, as a First-tier Tribunal (FTT) ruling showed, there is often an entitlement to place reliance on ostensibly competent professional advice. The case concerned three former partners in a drain maintenance firm. They had the misfortune to be advised by a small accountancy practice whose principal was subsequently found guilty of cheating the public revenue and jailed. Following...

Residents Blighted by Noise Nuisance Granted High Court Abatement Order

12th January, 2023 By

If the tranquillity of your home is blighted by noise or any other form of nuisance, you don't have to just grin and bear it. In a case on point, the High Court came to the aid of residents who said that their lives were rendered a sleepless purgatory by the noisy operation of a nearby games area and skate park. Three residents sought an abatement order under Section 82 of the Environmental Protection Act 1990 on the basis that the activities carried on at the public facilities amounted to...

What Amounts to 'Marital Reconciliation'? Unique High Court Ruling

9th January, 2023 By

Some couples have second thoughts in the midst of divorce proceedings and get back together. However, in a unique decision, the High Court has ruled that the resumption of a toxic relationship does not amount to marital reconciliation. The case concerned a wealthy couple who had been married for about two years when the wife petitioned for divorce. In doing so, she asserted that the husband's behaviour was such that she could not reasonably be expected to continue living with him and the marriage had thus irretrievably broken down. She obtained...

Ambiguous Wills Are a Recipe for Strife – But the Law Can Bring Certainty

6th January, 2023 By

Any ambiguity in your will creates a risk of strife amongst your loved ones after you are gone and that is one good reason why professional drafting is so important. As a High Court case showed, however, judges are adept at resolving uncertainty and discerning where a will writer's true intentions lay. By his will, a man bequeathed a recently built bungalow to his partner of many years. Attached to the will was a plan with an area shaded in red which purported to delineate the extent of the property....