Hains and Lewis background image

Library

Latest News

FTT Wrong to Rely on Calculations of Risk Posed by Lack of Space

The Upper Tribunal (UT) recently set aside a decision of the First-tier Tribunal (FTT) upholding prohibition orders in respect of 15 flats, finding that the FTT had erred in accepting the local authority's calculation of the risk posed by the lack of space...

High Court Rejects Daughter's Challenge to Elderly Man's Will

The best way to minimise the risk of a successful challenge to your will is to have it drawn up by a qualified solicitor. Recently, a woman's challenge to her elderly father's final will was rejected by the High Court . The man had made the will in March...

Spinal Surgery in Best Interests of Man Who Lacks Capacity

When patients lack capacity to decide whether to undergo medical treatment, the Court of Protection is often called upon to decide what is in their best interests. Recently, the Court ruled that it was in the best interests of a young man to undergo surgery...

Court Refuses Mother's Application for Girl's Return to Dubai

The High Court has refused a mother's application for her five-year-old daughter's return to Dubai , instead granting an application by the girl's father for her to remain in England. The mother and father had married in 2019 and moved to Dubai, where the...

Restrictive Covenant Modified to Allow Construction of Bungalow

The Upper Tribunal (UT) has granted a landowner's application to modify a restrictive covenant to allow a small bungalow to be constructed in place of a workshop. The landowner had sold land near his house to a local developer in 1999. The developer built...

Planning Permission for Energy Recovery Facility Upheld

The Court of Appeal has dismissed an appeal against the High Court's rejection of a challenge to a grant of planning permission for an energy recovery facility, finding that the Secretary of State for Housing, Communities and Local Government had complied...

Care Home Manager Who Forged Resident's Will Imprisoned

The manager of a care home has been sentenced to five and a half years in prison for forging the will of an elderly woman who lived in the home. The woman had moved into the home in 2020 after becoming ill. She was described by the judge as 'particularly...

Family Court Grants Mother's Application for Interim Relief

Under Schedule 1 of the Children Act 1989 , an unmarried parent can apply for financial provision for their child from the other parent. The Family Court recently granted a mother's application for interim relief in Schedule 1 proceedings, ordering the...

Parcel of Land Acquired by Adverse Possession, UT Rules

The Upper Tribunal (UT) has allowed a landowner's appeal against the rejection of his application to be registered as the proprietor of a parcel of land on the basis of adverse possession. The landowner and the owner of adjoining land both carried on...

High Court Rejects Disinherited Son's Claim to Farm

The High Court has rejected a son's claim that he was entitled to inherit his father's farm based on promises his father had made during his lifetime. The son's claim that his father's last two wills were invalid was also rejected. The father had died in...
  • Page 5 of 10