New found flexibility in rectifying wills

April 3rd, 2014

Marley v Rawlings [2014] UKSC 2 The Supreme Court gave an important judgment on the ability of the Courts to rectify wills, under their statutory powers, in order to give effect to a testator’s intentions. The facts of this case were fairly straightforward. Mr and Mrs Rawlings had instructed a solicitor to prepare for them […]

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Seek help before you help yourself

December 20th, 2013

It has been a long been established in what came to be known as the ‘Hildebrand Rules’ (Hildebrand v Hildebrand [1992] 1 FLR 244) that the family courts will not penalise either spouse for secretly obtaining, taking and copying each other’s documents in financial remedy proceedings – provided they not been taken by force – […]

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A comment on the decision in Mitchell v NGN

December 15th, 2013

Definitive guidance from the Court of Appeal on the post-Jackson era of litigation – a comment on the decision in Mitchell v NGN. The Court Appeal has sent out a very clear message in the decision in Mitchell v News Group News Papers [2013] EWCA Civ 1537 that the courts will take a strict approach […]

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Don’t be coerced into paying service charges…

September 21st, 2013

Being a residential leaseholder, you are likely to be asked to pay service charges by your landlord on your regular basis. You may consider the service charges to be too high and you should be aware that when you receive a service charge bill from your landlord, you do not necessarily have to accept the […]

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Residential leasehold properties – clarification on the consultation requirements for qualifying works

September 16th, 2013

Phillips v Francis [2012] EWHC 3650 (Ch) This recent decision in the High Court updates the law on the consultation requirements for landlords on qualifying works for the purposes of Section 20 of the Landlord and Tenant Act 1985 (‘the Act’). Prior to this decision, it was considered that Section 20 of the Act only […]

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Daejan v Benson [2013] UKSC 14

September 7th, 2013

The recent decision in Daejan v Benson in the Supreme Court has established the scope of the Leasehold Valuation Tribunal’s (LVT) jurisdiction to dispense with the consultation requirements under section 20(1) of the Landlord and Tenant Act 1985 (the Act) and set the principles on how that jurisdiction should be exercised. Under the Act, a […]

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Important ruling on tenancy deposits in the Court of Appeal

July 17th, 2013

On 14 June 2013, the Court of Appeal handed down an important decision in Superstrike Limited v Marino Rodrigues [2013] clarifying the position in respect of deposits held on tenancy agreements pre-dating 6 April 2007, but which have subsequently become periodic tenancies. This case concerned a tenancy agreement granted by the landlord for a period […]

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Home buyers guide

February 20th, 2013

A document of this kind can do no more than provide a brief outline of the law. Every situation depends on its own facts and action should not be taken in reliance on this summary. As always it is desirable to take appropriate advice. The Solicitors’ Job The solicitor and his staff make a conveyancing […]

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Guide to making a Will

February 2nd, 2013

Why make a Will? For most of us making a Will does not seem to be a very urgent requirement. Due to the marvels of modern-day science, we all expect to live for years and have no need to arrange our affairs. No one regrets not making a Will – but thousands of people regret […]

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Intestacy rules

January 23rd, 2013

What is Intestacy? When someone dies, and has left a Will governing the distribution of their estate, its provisions will be implemented, so far as they are effective. However, if someone dies without making a Will, the distribution of their estate is governed by the Rules of Intestacy, as set out in the Administration of […]

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