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Wife Can Pursue Claim in England After Russian Divorce

The Court of Appeal has granted a wife leave to pursue an application for financial relief in England against her former husband, more than a decade after their Russian divorce. The couple were both Russian nationals and had lived in Russia throughout...

Owner of New-build Home With Unsuitable Foundations Awarded Damages

A man whose home suffered damage because of problems with its foundations has been awarded provisional damages of more than £423,000 from the housebuilder from which he bought the property. The four-bedroom detached house, which the man had...

High Court Declines to Make Deprivation of Liberty Order

The High Court has refused to make a Deprivation of Liberty order sought by a local authority in respect of a 17-year-old boy. The boy was estranged from his parents and had been accommodated by the local authority since shortly after his 16th birthday....

Children Should Remain Living With Father, Family Court Rules

The Family Court has ruled that four children should continue to live with their father , in what it described as a very long-running dispute between him and the children's mother. The children, aged between eight and 13, had lived with their mother after...

Will Made During Lockdown Not Validly Executed, Court Rules

A will purported to have been made by an elderly woman during lockdown has been declared invalid because she had not signed it in the presence of two or more witnesses, as required by Section 9 of the Wills Act 1837 . The will was dated 25 April 2020,...

UT Rejects Tenants' Appeal Against Costs Order

While the First-tier Tribunal (FTT) is in principle a 'no costs' jurisdiction, it may make an order in respect of costs if a person has acted unreasonably in bringing, defending or conducting proceedings. Recently, the Upper Tribunal (UT) upheld a...

Homeowner's Application to Alter Register Succeeds

Where the record of a property's title at the Land Registry contains a mistake, Paragraph 5(a) of Schedule 4 of the Land Registration Act 2002 allows the register to be altered to correct it. The First-tier Tribunal (FTT) recently granted a homeowner's...

Court Refuses Wife's Application for Relief from Sanctions

It is essential to ensure that court orders are complied with during divorce proceedings. Recently, the Family Court refused a wife's application for relief from sanctions due to her failure to file and exchange her witness statement in accordance with a...

High Court Upholds Challenge to Will on Grounds of Fraud

The High Court has upheld a woman's challenge to a will allegedly made by her late father, finding that the defendants had failed to establish on the balance of probabilities that it was genuine. The will had purportedly been executed in 2019, the year...

Observer Granted Order for Disclosure of Position Statements

In a guideline case, the Court of Protection has granted an application by an observer to a hearing for disclosure of the parties' position statements . The proceedings related to a patient who was suffering from a prolonged disorder of consciousness. The...
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