LATEST NEWS

Making a will when you are close to death and without professional assistance is an effective means of fostering dispute between your loved ones after you are gone. As a High Court case strikingly showed, that is particularly so if you intend to leave your estate outside your immediate family. The case concerned an exceptionally intelligent man whose life had been blighted by mental health difficulties. He was eloquent and talkative and had built his life around friendships formed with lodgers in his substantial home. His complex and difficult personality...

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....

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...

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...