An experienced wills practitioner failed to grasp how capacity is to be assessed. This was a contested wills case with a complex background involving business transactions and a family at war. A particularly lengthy judgment followed a four-week trial. T was a successful businessman who died in March 2021 leaving four adult children. He left …
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On 15 July 2024 HMLR introduced a new practice guide – PG62A: rights to light or air. The guide tells firms about the registration of easements under the LRA 2002. HMLR explains the following in section 1: ‘The right to receive natural light through a defined aperture (such as a window or skylight) can be …
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Note that section 4.3.7 of PG1 (first registrations) has been amended to reflect that HMLR will only acknowledge receipt of the application if the firm provides an email address. A similar note has been added to section 7 of forms FR1 and AP1. PG55 (address for service) has been amended. HMLR states: ‘Section 3 has …
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It may seem odd to include a case where an appeal was dismissed by the EAT, but this case involved the hot topic of protected characteristics under the Equality Act 2010, so it is useful to follow their reasoning. The case summary is as follows: ‘Summary Religion or belief discrimination The Employment Tribunal did not …
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A farewell visit arranged by the LA between three children who were subject to placement orders and their parents was, the CA ruled, ‘plainly wrong and contrary to the children’s interests’. F’s four children were the subject of care and placement orders. However, the LA had wrongly arranged the farewell visit notwithstanding a court order. …
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HMLR has updated section 6.2 of PG24: private trusts of land to include the following point: ‘Application may also be made to alter the register when a court order has been made requiring or directing the registrar to cancel a restriction. The application to give effect to the order should be made in form AP1. …
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The Transparency Implementation Group Reporting Pilot now includes – in the 16 courts in England added this January – private law cases as of 15 July. Under the pilot, accredited media can report on certain Family Court proceedings and family judges make appropriate transparency orders on the extent of what may be reported. Reporting is …
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NCDR in family law is more important than ever and the court’s powers to require litigants to attempt mediation or other forms of NCDR have been increased under FPR r3.4(1). In essence, the parties’ agreement to use NCDR is no longer necessary for the court to require it. A recent ‘big money’ case was, said …
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Note that HMLR has updated a number of its practice guides to reflect how applications should be made using its digital systems. These include: PG26: leases – determination; PG19: notices and restrictions; PG8: execution of deeds; PG25: leases: when to register; PG49: return and rejection of applications for registration – note that section 4 of …
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The EAT has allowed an appeal relating to unlawful deduction from wages. It makes interesting reading for employment lawyers and their clients. The case summary is as follows: ‘Summary: Practice and procedure – evidence Following the end of her employment the claimant brought a complaint of unlawful deduction from wages. In particular, she claimed that …
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