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RTM Company Cannot Recover Legal Fees from Tenant

When incurring costs in respect of a property, landlords should consider at an early stage whether these will be recoverable through the tenants' service charges. A right to manage (RTM) company recently failed to persuade the Upper Tribunal (UT) that legal...

Court of Appeal Overturns Finding of Inflicted Injury

The Court of Appeal has overturned a Family Court decision that tibia fractures sustained by a 10-month-old girl had been inflicted deliberately or recklessly by one of her parents. The parents were in a long-standing, stable relationship. The girl had...

Will Made Following 'Predatory' Marriage Set Aside

The will of a man who married his carer less than a year before he died and left everything to her has been set aside after his daughter challenged its validity. The man was 93 years old when he married his carer, who was then aged 54. Following the...

Pilot Illness Not Extraordinary Circumstance, Supreme Court Rules

Under Article 5(3) of Regulation (EC) 261/2004 (Regulation 261), an airline is not obliged to pay compensation where flights are delayed or cancelled due to 'extraordinary circumstances' which could not have been avoided even if all reasonable measures had...

Sign Prevents Acquisition of Right of Way

The Upper Tribunal (UT) recently ruled on an appeal against a decision of the First-tier Tribunal (FTT) that a sign saying there was no public right of way over a staircase did not prevent a private right of way being acquired over it. The staircase had...

No Reasonable Excuse for Taxpayer's Late Appeal

Taxpayers would be well advised to give prompt attention to any correspondence they receive from HM Revenue and Customs (HMRC). In a recent case, a man who appealed tax assessments and penalties several months late failed to convince the First-tier Tribunal...

Financial Order Set Aside Due to Husband's Bankruptcy

The High Court has ruled that a financial remedies order requiring a husband to transfer his half share of the former matrimonial home to his wife could not stand because he had been made bankrupt by the time it was made. The couple had separated in 2017,...

Application to Modify Restrictive Covenant Succeeds

The Upper Tribunal (UT) has granted a social housing provider's application to modify a restrictive covenant so as to allow it to proceed with a residential property development. The relevant land was sold in 1975 subject to a conveyance limiting its use...

High Court Ruling in Will Forgery Case

An allegation that a will is a forgery can be hard to prove. However, such an allegation was successfully made out in a High Court case concerning an elderly man who died during the COVID-19 pandemic. The man had passed away in February 2021. A firm of...

HMRC's Appeal Against Closure Notice Orders Rejected

Under Section 28A(4) of the Taxes Management Act 1970 , taxpayers whose returns are under enquiry may apply for a direction requiring HM Revenue and Customs (HMRC) to issue a closure notice. It is for HMRC to show that there are reasonable grounds for...
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