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Harrow on the Hill , Harrow & Wealdstone Kenton and...
Tel: +44 (0) 20 8864 0111
Fax: +44 (0) 20 8864 4514
DX: 4201 Harrow 1
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01 February 2010 ASBI Permitted As Behaviour Was ‘Housing-Related’
In a recent case, a man who was banned from entering the village in which he had previously lived, after successive acts of anti-social behaviour, has lost his appeal against the imposition of an anti-social behaviour injunction (ASBI).
01 February 2010 Care Orders – The Correct Test
Under the Children Act 1989, a court may only make a care order or a supervision order if it is satisfied that the child concerned is suffering, or is likely to suffer, significant harm.
01 February 2010 Couple Sell Farm to Pay for Chancel Repairs
After fighting their case all the way to the House of Lords and losing, Powys couple Andrew and Gail Wallbank have been forced to sell their farm in order to pay for repairs to the chancel of their local church and their legal costs in fighting their case.
01 February 2010 Credit Ratings at Risk from Ex-Partners
Millions of Britons could see their credit ratings compromised without knowing it, simply because of the actions of an ex-spouse, says online credit report service Credit Expert.
01 February 2010 Crime is With You for Life
It is widely thought that once a conviction is ‘spent’, it is erased from ‘the system’ and simply ceases to exist. Regrettably for those who may have a youthful indiscretion or two on their record, this is not so, as is illustrated by a recent case.
01 February 2010 Dangerous Driving – Extensive Driving Training Deemed Irrelevant
The Court of Appeal has ruled that the special skill or lack of skill of a driver is not relevant when determining whether or not he is guilty of dangerous driving.
01 February 2010 Decision to Expel Pupil Upheld by Courts
The parents of an independent school pupil have lost their appeal against a judge’s decision to dismiss their claim that their son’s expulsion from the school amounted to a breach of contract and warranted injunctive relief and the payment of damages by the school.
01 February 2010 Divorce Arrangements Overturned When Judge in Error
When dividing family assets on separation or divorce, judges sometimes make some surprising decisions. Where these are erroneous or unfair, they can be overturned.
01 February 2010 Divorce Proceedings – Husband Ordered Out of Ancestral
History doesn’t count for much when it comes to divorce, as a Sussex man found out recently.
01 February 2010 European Inheritance Law Overhaul Proposed
Owners of properties and other assets abroad will be relieved to hear that the European Union (EU) has brought forward proposals to simplify the administration of estates with a ‘cross-border’ dimension.
01 February 2010 Event Does Not Have to be Likely to Justify Claim
A recent case has confirmed that where an injury is sustained which may lead to a later health problem, provisional damages can be awarded even when the likelihood of the future problem is only a possibility, not a probable event.
01 February 2010 Family Court Must Limit Itself to Matters at Hand
It is a cardinal rule in court proceedings in the UK that both parties to a disagreement must have a fair chance to state their side of the argument. This is particularly important in family cases, which are often complex and invariably emotionally charged.
01 February 2010 Forced Marriage – One Year On
Since the Forced Marriage (Civil Protection) Act came into force on 25 November 2008, a Forced Marriage Protection Order (FMPO) has been issued in 86 cases. This compares with a predicted total for the first year of 50.
01 February 2010 Government Plans Uninsured Car Blitz
The Department for Transport (DfT) has announced new measures to curb the menace of uninsured drivers, of whom it has recently been estimated there are more than two million in the UK.
01 February 2010 Home Care Charges Deemed Lawful
The 2008 decision by Hammersmith and Fulham Council to start charging for the provision of home care services was not unlawful. So ruled the Court of Appeal after three disabled people challenged the Council’s decision on the grounds that it was in breach of the Disability Discrimination Act 1995 and gender and race equality laws.
01 February 2010 Parents Face Massive Costs After Bullying Action Withdrawn
A man who sued his former school for damages, alleging that it was negligent for not preventing him from being bullied as a child, has seen the court award a ‘third party costs order’ against his parents in the sum of £1 million.
01 February 2010 Supreme Court Rules on Overdraft Charges
One of the first decisions of the new Supreme Court (which in October 2009 replaced the House of Lords as the highest court in the land) came as a disappointment to many bank customers who had suffered high levels of charges after they exceeded agreed overdraft limits.
01 February 2010 Time to Brush Up on Consumer Rights
With the winter holiday season sales in full swing, now is a good time for consumers to remember that UK consumer protection legislation is robust, giving them substantial rights and imposing significant obligations on traders.
01 February 2010 Web Version of Print Article Defamatory
Publication on the Internet of a defamatory article previously published in a print newspaper could render the publisher open to legal action even if the print version was acceptable. This was the surprising conclusion in a recent case against the owners of The Times newspaper.
01 February 2010 When is an Agreement Not an Agreement? – When it is With The Tax Man
Getting your tax right can sometimes be complex and it is often the case that when HM Revenue and Customs (HMRC) investigate a taxpayer, they find that there are irregularities. When these result in an underpayment of tax, HMRC will normally levy interest and/or a penalty on the taxpayer.
01 February 2010 Who Gets the Family Home?
Family break-up is always complicated and when there is a property involved, things can get very complex indeed.
01 February 2010 Without Prejudice Communications Can Be Admissible
The phrase ‘without prejudice’ is commonly used where parties in a dispute wish to keep communications relating to its settlement from being admissible as evidence should negotiations fail and the matter end up in court.
01 February 2010 Woman Let Off Credit Card Debt
A woman who owed a credit card company more than £8,000 has been excused from repaying her debt after a court ruled that the ‘secret’ commission paid to the credit card company by the company providing the payment protection insurance constituted an unfair contract term.
01 February 2010 You Need Protection (But Don’t Ask the Council)
It might reasonably be assumed that if you are a council tenant with neighbours who are likely to use violence against you and you inform your landlord of this fact, the council has some degree of responsibility for making sure you are protected.
01 February 2010 You’re an Heir – Now Sign This!
Until the recent publicity afforded by television shows on the subject, many people might not have realised that ‘heir tracing’ companies exist, let alone that they research ‘promising’ estates by looking at public records and then contact potential beneficiaries of those estates.
01 February 2010 In Brief - Injunction Against a Twitterer
A recent case saw the first injunction to be served via a social networking site.
01 February 2010 In Brief - No More Supremes
Following the creation of the new Supreme Court on 1 October 2009, solicitors are no longer ‘Solicitors of the Supreme Court’ but are now ‘Solicitors of the Senior Courts of England and Wales’.
01 February 2010 In Brief - Property: Slow Improvement in Market Conditions
Lending for residential property purchases has increased significantly in recent months
