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Where a claim has no serious chance of success, the court may order it to be ‘struck out’. When this occurs, the claim fails absolutely. The court has the right...
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The power of trust beneficiaries to direct in certain circumstances the actions of the trustees of the trust under which they benefit was clearly shown in a recent High Court...
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When the owners of houses that were built on piles discovered that the walls of their properties were cracking, they established that the reason for the problem was that the...
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In 2011, HM Revenue and Customs (HMRC) challenged more than 10,000 Inheritance Tax (IHT) returns, according to accountants UHY Hacker Young. Each challenge yielded an average increase in IHT payable...
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Mistakes are mistakes, but in law, when a legal claim is made, the fact that a mistake was made is only the first step to obtaining damages. The second step...
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With costs rising and government funding being cut, councils are increasingly seeking to make savings in their care budgets – and for elderly disabled people, this can mean substantial increases...
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When the developer of a block of flats (who owned the freehold) decided to relocate the parking spaces allocated to the tenants so that it could build another block of...
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When a Yorkshire farmer disinherited his son and left the whole of his estate to his daughter, the son challenged the will in court. The son had worked with his...
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The general rule that in litigation the loser pays the winner’s legal costs does not always apply, as a successful claimant found recently.
The claim was made in the...
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When a couple inherited a house from the deceased parent of one of them, they decided that they did not wish to retain it in the long term and subsequently...
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