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Mixed-use Premises is a Dwelling, Court of Appeal Rules

The Court of Appeal has ruled that a mixed-use premises was a 'dwelling' , as defined in Section 38 of the Landlord and Tenant Act 1985 , and the tenants therefore benefited from the controls over the levying of service charges in the Act. The tenants...

Delusions Rendered Man's Will Invalid, High Court Rules

The High Court has ruled that a will made by a man who was suffering from delusions caused by late-onset schizophrenia was invalid for want of testamentary capacity. In late 2013, the man had become concerned that someone was trying to break into his home...

ICO Guidance on Data Protection and Information Rights

The Information Commissioner's Office (ICO) provides guidance for the public on data protection and information rights on its website. Guidance is available on the following topics: making a Subject Access Request to find out if an organisation is...

Ruling that Driveway Included in Conveyance Overturned

When disagreements arise between neighbours about the ownership of land, it is invariably best to try to reach an amicable solution rather than engage in litigation. In an unusual case concerning the ownership of a driveway , the Upper Tribunal (UT)...

Court Gives Indication of Outcome in Financial Remedy Proceedings

In a recent ruling on a wife's application for a financial remedy order , the Family Court accepted that her caring responsibilities for the couple's son justified a departure from the sharing principle. The Court handed down its judgment as an indication...

Woman's Decision to Disinherit Great-Nephew 'Not Irrational'

The law affords testators a high degree of freedom to pass on their estates to whomever they wish, and the fact that the terms of a will may seem unfair to relatives is not enough to successfully challenge it. This point was illustrated by a recent case in...

Family Court Rejects Husband's Claim That He Owed £1.6 Million

The courts are alert to the risk of divorcing couples being less than honest about their assets and liabilities in financial remedy proceedings. Recently, the Family Court rejected a husband's assertion that he owed £1.6 million to a company owned by...

Court of Appeal Quashes Costs Award Against Local Authority

The Court of Appeal has allowed a local planning authority's appeal against an award of costs made against it by the Secretary of State for Housing, Communities and Local Government after it withdrew its support for a planning application. A developer had...

Tenant Defeats Landlord's Claim for Possession of Property

Under Section 21 of the Housing Act 1988 , landlords may evict tenants who have an assured shorthold tenancy which is a periodic tenancy or a fixed-term tenancy that has expired by giving at least two months' notice. However, a Section 21 notice cannot be...

Woman Succeeds in Getting Defamatory Social Media Posts Removed

A woman who was subjected to defamatory posts on Facebook has succeeded in having them removed after taking legal advice. The woman and her husband had started to feed and look after a cat that had been coming into her garden. The cat subsequently...
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