Brexit – The Legal Considerations
While it is still too soon for any certainty and teething problems are likely to persist, it is possible to speculate and draw some current conclusions on the effect of Brexit on some areas of UK legal practice.
Dispute Resolution
Woman written out of father’s will wins right to inherit his estate
A woman has won the right to inherit her father’s estate after a “DIY will” supposedly signed on his deathbed was ruled invalid. Terri Tibbles had been the sole beneficiary of a will her father William wrote a year before he died. In a letter of wishes attached to that will, Mr Tibbles said that
Newsflash – Proposed Leasehold Reform and Lease Extensions
On 07 January 2021 the Housing Secretary Robert Jenrick announced proposals that mean leaseholders will be able to extend their lease by 990 years instead of the current 90 years allowed by the Leasehold Reform, Housing and Urban Development Act 1993, and for those with lease lengths below 80 years, removal of marriage value which
Siblings overturn their mother’s will after family dispute
Four siblings have succeeded in overturing their mother’s will after the court agreed that she had not fully understood its consequences when she signed it. The case pitted the mother’s first four children against her youngest child, the defendant. In 2004, the mother and her husband had executed mirror wills, which meant that if the
Judge freezes estate assets in dispute over inheritance
An administrator of a deceased person’s estate was granted a freezing injunction for a property that had been transferred into a family member’s name to avoid tax liability. The deceased had died without making a will. The administrator of his estate contended that a few years before his death, the deceased had put a property
Director of insolvent company ordered to repay £188,000
A director has been ordered to repay more than £188,000 after his business went into liquidation. Michael Edward Belcher was the sole director of BM Electrical Solutions Ltd. The company had filed one set of accounts for the period to 31 January 2012. These disclosed a net asset position of £6,465, of which the profit
Landlord must pay damages to church over unlawful eviction
A landlord has been ordered to pay damages to a church organisation that was unlawfully evicted from its rented premises. The case involved Jesus Sanctuary Ministries Ltd and Ruby Triangle Properties. The church had started occupying the property under a rental agreement in 2009. The property was later sold to the current landlord. In 2019,
Government bans business evictions until the end of the year
The government has extended its ban on landlords evicting businesses until the end of the year. The move is in response to the continuing COVID-19 crisis. Ministers say that where companies can pay their rent, they should do so, as this support is aimed at those businesses struggling the most during the pandemic. It’s hoped
American Eagle whisky brand breached Eagle Rare trademark
The High Court has settled a trademark dispute over the sale of whisky and bourbon using the word ‘eagle’. Sazerac Brands LLC produced and sold ‘Eagle Rare,’ a well-established, high quality Kentucky straight bourbon whisky. Their EAGLE RARE marks were registered for alcoholic beverages, spirits, whisky and bourbon. Liverpool Gin Distillery Ltd and Halewood International
Possession hearings return but renters to get more support
Landlords can now bring possession proceedings again, but the government has also announced new measures to give tenants extra protection over the winter, especially at Christmas. The government has changed the law to increase notice periods to 6 months meaning renters now served notice can stay in their homes over winter, with time to find alternative support or