Latest News

Restrictive Covenant Modified to Allow More Than One Dwelling

At the third time of asking, the Upper Tribunal (UT) has granted an application to modify a restrictive covenant to permit a second dwelling to be built on a plot of land. The land, on which a small partly thatched cottage had originally stood, had been...

Court of Appeal Upholds Order for Boy's Return to South Africa

The Court of Appeal has dismissed an appeal against an order of the High Court that a 14-year-old boy who had remained in England after visiting his father should return to live in South Africa. The boy's parents, both South African nationals, had married...

FTT Overturns Late Filing Penalties for Voluntary Tax Returns

The First-tier Tribunal (FTT) has allowed a taxpayer's appeal against late filing penalties where he had not received a notice to file a tax return, after reviewing an earlier decision in which it had upheld most of the penalties. HM Revenue and Customs...

Permission to Bring Financial Provision Claim Out of Time Refused

A claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision from a deceased person's estate must be brought within six months of the grant of probate or letters of administration being issued, unless the...

Couple Established Adverse Possession Over Strip of Land

Disputes over ownership of land all too often become protracted and lead to costs out of proportion to the value of the land involved. Recently, the Upper Tribunal (UT) ruled on a dispute over a strip of land with an area of just 2.2 square metres. The...

Applications to Recognise Nikkah Ceremonies as Marriages Refused

A marriage is generally recognised in English law if it is valid under the law of the country in which it takes place, a legal principle known as lex loci celebrationis (the law of the place of the celebration). That principle was central to a recent...

Bank Interest Taxable Despite Early Withdrawal Penalties

When savers deposit money in a fixed-term account or an account that requires notice of withdrawals, they may well assume that, if they incur a penalty for early withdrawal, they will only have to pay tax on the net amount of interest received. However, such...

FCA Confirms Compensation Scheme for Car Finance Customers

The Financial Conduct Authority (FCA) has confirmed its compensation scheme for car buyers who were not given important information when taking out motor finance. The scheme covers motor finance loans taken out between 6 April 2007 and 1 November 2024....

Ex-Wife Succeeds in Claim for Financial Provision from Estate

Dependants who have not been adequately provided for in a deceased person's will may be able to make a claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 . Recently, the High Court considered such a claim by...

Tenant's Right to Apply to Postpone Possession Frustrated

Where a mortgage lender claims possession of a property that has been let without the lender's permission, the Mortgage Repossessions (Protection of Tenants etc) Act 2010 gives tenants the right to apply to the courts to postpone the date for delivery of...
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