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January 09
Covenant Rights Need Not Continue
A bungalow owner who wished to replace a flat roof with a pitched roof found himself in court recently when his neighbour sought to rely on a fifty-year-old covenant 'not to make any addition or enlargement or alteration' to the bungalow without the consent of the vendor
Credit Crunch - Tips for Clients
Although this is not strictly 'legal material' we thought clients might welcome some tips on managing their household finances during these straitened times.
Disclosure of Information in Family Cases
In a recent case, a local authority claimed that it was proper for documents relating to a father's possible sexual misconduct to be disclosed to experts who had been instructed in the course of care proceedings.
Animals and Divorce - New Ruling May Set Cat Among the Pigeons
Financial settlements on divorce normally involve making financial provision for any children but, in a recent case, the ex-wife of a wealthy man successfully argued that her love of horses was sufficiently important to her that substantial maintenance should be payable for their upkeep.
Court Costs - Loser Doesn't Always Pay
It is normally the case that the loser pays his own legal fees and those of the winner when a case is decided in court. Sometimes, however, the court may conclude that it is fair for costs to be shared. Even more infrequently, a costs order can be made against someone who is not even a party to the proceedings.
Court Must Have Information on Other Proceedings
In a recent reserved judgment in a case disputing a residency order, Mr Justice Munby ruled that a practitioner acting for a parent involved in a family law case must also be familiar with and up to date with the progress of any other relevant ongoing cases involving their client.
Assisted Suicide - The Debate Continues
It is a hotly debated topic, yet there is still no certainty as to whether those who assist someone who wishes to end their own life, by helping them travel abroad to a country where assisted suicide is legal, will be prosecuted.
Extension Blues
Household extensions are a frequent source of dispute, although in most cases the dispute is between the property owner and the builder. It is not often that one sees problems arising because there is an issue with the building itself, rather than the extension.
Insurers Must Pay After Court Backs Mesothelioma Sufferers
Asbestos-related illnesses are among the most common industrial diseases in the UK. A decision of the High Court has brought relief to sufferers from mesothelioma and their families who had seen their expected compensation claims put on hold as the result of an earlier decision of the Court of Appeal.
How to Manage Your Mortgage in a Recession
During an economic downturn, a mortgage can stretch a borrower to the limit. If you are having problems paying your mortgage then you should take action as a matter of priority.
Fairness Means Couple Receive House
It is common for families to dispute agreements made relating to property. In a recent case, a father, his two sons and the wife of one of the sons became embroiled in a complex dispute over the ownership of a family property in Wimbledon.
Forced Marriage – The Current Position
The Forced Marriage (Civil Protection) Act came into force on 25 November 2008, with specialist courts being created to deal with the cases arising.
Forced Marriages – The Long Version
A forced marriage is defined by the Forced Marriage (Civil Protection) Act 2007 as marriage without the full and free consent of both parties. The Act, which came into force on 25 November 2008, creates specialist courts designed to prevent forced marriages occurring and to protect those individuals who have been forced into marriage without their consent.
Looked After Children
Children under 18 may be 'looked after' by local authorities under a number of legal arrangements.
New Criminal Injuries Compensation Scheme
After considerable debate, the Criminal Injuries Compensation Scheme 2008 (CICS) has been finalised and came into effect with regard to all claims made on or after 3 November 2008. The CICS exists to provide compensation for people who are injured or killed as a result of a crime.



