Valuing private companies on divorce

January 30th, 2020

In this case the Court of Appeal considered how to treat business assets on divorce. The sharing principle was applied which is, in essence, the equal division of matrimonial assets. The case was reported in the tabloids partly because of the sums involved and with the wife depicted as an “ex-factory girl” who had managed […]

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Application for permission to appeal out of time in the First-tier Tribunal (Tax Chamber)

June 7th, 2019

The decision in Angel Beauty Parlour Limited v HMRC [2019] TC/2018/00973, gives useful guidance on how the Tribunal approaches applications for permission to appeal out of time. The Appellant, Angel Beauty Parlour Limited (‘the Company’) operates beauty salons and kiosks in shopping centres around the country. HMRC opened up an investigation into the Company in […]

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How long is too long (part 3)?

April 2nd, 2019

This is the third article on our series on limitation periods. For the first and second parts, please follow the links below: In circumstances where it is said that reasonable financial provision has not been made, the Inheritance (Provisions for Families and Dependents) Act 1975 (‘the 1975 Act’) gives the court the ability […]

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Obligation to re-tender under the Service Charges (Consultation Requirements) (England) Regulations 2003 (‘the Consultation Requirements’)

January 21st, 2019

The Consultation Requirements, which were enacted pursuant to section 20ZA(4) of the Landlord and Tenant Act 1985 (‘the Act’), require a landlord to consult with leaseholders in respect of qualifying works and qualifying long-term agreements. If a landlord fails to comply with the Consultation Requirements, he is only able to recover £250.00 from leaseholders for […]

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Divorce Case Law Update

January 7th, 2019

VW v BH (contested divorce proceedings)(2018) EWFC B68. Divorce is a difficult and stressful process.  Divorce trials are thankfully rare; there are only about twenty divorce trials a year from an average 101,669 divorces (2017 figures).  The trial Judge said this case, VW v BH, was extraordinary and she was right. It was a long […]

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Wigmore Homes (UK) Limited v Sembley Works Residents Association Limited [2018] UKUT 252 (LC)

January 7th, 2019

The Appellant is the owner of multiple flats in a converted office and factory. The building, which now comprises of 33 residential flats has a history of disrepair and service charge arrears. The Respondent, which is owned and managed by some of the tenants of the block, took over the management in 2012. In 2015, […]

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One set of Civil Procedure Rules to rule them all

May 7th, 2018

The Supreme Court, in Barton v Wright Hassall [2018] UKSC 12, confirmed that, as a matter of basic fairness, the Civil Procedure Rules (‘CPR’) apply equally to both represented parties and litigants in person. The case concerned a claim brought by Mr Barton against his former solicitors for allegedly negligently representing him in ancillary relief […]

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How long is too long: Part 2

May 6th, 2018

The decision in Sargeant v Sargeant [2018] EHC 8 (Ch) provides an interesting insight into bringing a claim out of time under the Inheritance (Provisions for Family and Dependents) Act 1975 (‘the Act’). A claim under the Act must be brought within six months from the date on which the grant of representation is taken […]

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Service charges – repairs v improvements

April 2nd, 2018

Where lessees are obliged to pay service charges under the terms of their lease, they are afforded protection by section 19 of the Landlord and Tenant Act 1985 (‘the Act’), which provides that costs shall only be take into account in determining the service charge payable for a period where they are “reasonably incurred” and […]

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Losing your right to a new lease

March 5th, 2018

Leaseholders who have owned residential flats for more than two years are entitled to ask the landlord to extend their existing lease by a period of 90 years in return for the payment of a premium, provided certain exclusions do not apply. A leaseholder’s entitlement comes from Chapter II of the Leaseholder Reform, Housing and […]

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