Of all the different types of disputes that can arise between neighbours, boundary disputes seem to be the most common and unless handled properly can lead to a great deal of distress and costly legal battles. We deal with many boundary disputes for clients and they can be complex so we would like to share…
We were asked this question recently by a client and from time to time we are asked to advise on this issue. What happens to the other occupier(s) of a property if a tenant under an assured shorthold tenancy (AST) dies? Case The client in this case had lived in the property for many years…
The recent case of Fennessy v Turner is another landmark case for adult child claimants under the Inheritance Act (Provision for Family Dependants) Act 1975 (Inheritance Act) and is a stern warning to those who underestimate the claims of adult child claimants. Inheritance Act Under the Inheritance Act, certain individuals who are connected to the…
There is no doubt about it inheritance disputes are increasing. The statistics from the Chancery Division of the High court for ‘disputed probate’ claims are just the tip of the iceberg and there are reports in the media that report that there are some 10,000 cases of such disputes each year. There are a number…
Society is seeing an evolution in the arrangements being made by people when it comes to the ownership of property whether it be unmarried couples, parents and their children or just between friends. We have seen a sharp rise in joint ownership of properties and this has been the result of various factors including the…
The recent case of Stoney-Andersen v Abbas and others [2023] is yet another and very striking example of the court’s willingness to penalise a party for refusing to engage in mediation. In his judgment, the trial judge, Judge Matthews, specifically referred to the Court of Appeal decision in Thakkar v Patel [2017] where Jackson LJ…
Bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) has become more commonplace over recent years so it is useful to look at some recent cases about different categories of claimants who have made such claims. What is a claim under the Act?A claim may be made under the…
Misrepresentation is often seen as a claim that is made in property disputes by disgruntled buyers following a property purchase but it can be a powerful claim in any contract where buyers have not received the bargain they expected to receive because of statements or representations that were made to them on or before the…
The eagerly anticipated judgment in Philipp v Barclays Bank UK plc was handed down by the Supreme Court early last month and it confirmed that banks do not owe a duty of care to individual customers who have given the bank a valid payment instruction even if the instructions were given because of fraud. Fact…
When is a Will invalid? This is a question that perennially comes before the courts. The Case In the recent case of Copley v Winter [2023], the High Court in England had to decide whether the deceased had made a new Will shortly before she passed away in 2019. In this case, a friend of…
