Reasonable financial provision under the I(PFD) A1975 Act is an objective test, not a subjective test as dictated by what T considers or states is reasonable under the will. In this case, T had built up his wealth in property and left an estate valued at £8.18m. He died aged 87 leaving his wife of …
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This is an important but unusual case raising a novel point of legislative interpretation which appears not to have previously arisen, but with potentially significant consequence for families. Under ss37(1) CA 1989: ‘Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court …
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HMLR has been swift to update section 2.1 of PG40 (HMLR plans, supplement 4, boundary agreements and determined boundaries) following a recent CA case (reported in ‘land’ below). Section 2.1 now reads: ‘2.1 How boundary agreements work There is a rebuttable presumption that a boundary agreement does not involve the transfer of any land, and …
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The SC has heard a case regarding the right of a trade union to sue as a third party. The case summary is as follows: ‘Background to the Appeal The issue in this appeal is in what circumstances does a trade union have the right to sue as a third party for breach of a …
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A lease of a luxury property intended to reduce H’s financial liability to W was a sham and overturned by the court. Under s37 MCA 1973 a party is prevented from entering into a transaction with the intention to reduce or prevent financial relief. The court can set aside a ‘reviewable’ disposition that breaches the …
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PG19 (Notices, restrictions and protection of third-party interests) is a very important practice guide for property practitioners. The anti-fraud restriction (Form LL) is also important. HMLR has updated sections 3.1.5.8 and 3.7.2 of PG19 to clarify HMLR’s requirements for compliance with, or removal of, a Form LL or company counter-fraud restriction by an insolvency practitioner, …
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A Hadkinson order prevents a party from continuing in litigation until they have complied with its terms. Unlike an unless order, no application for relief from sanctions would have to be made upon satisfaction of an LSPO. In this case, a financial remedies ruling in November 2023 turned out to be just another step in …
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The LSAG advisory note is required reading for all practitioners to whom the AML regime is relevant; note that it includes some very useful guidance on alternatives to face to face documentary verification. It states that: ‘Such methods may include (but are not limited to): Digital ID&V services that meet the requirements of the MLRs …
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Two new sentencing guidelines are now in force for offences of blackmail, kidnap and false imprisonment. The guidelines came into effect on 1 April 2025 and concern: blackmail under s21 Theft Act which is triable only on indictment and carries a maximum custodial sentence of 14 years; and kidnap/false imprisonment at common law, also triable …
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The EAT has heard an interesting case involving the use of offensive language by an employee on a workplace communication forum (in this case, Slack). The two limbs to the amended grounds of appeal are that the ET: Should have considered whether the use of the language itself arose directly from the claimant’s disability. The …
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