All Analysis articles – Page 7
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Analysis10 things you should know about the new residence nil-rate band
Legislation was introduced in the Summer Finance Bill 2015, published in July, to provide for an additional main residence nil-rate band. Lesley King explains the implications for inheritance tax
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AnalysisCentral Bank of Ecuador v Conticorp SA [2015] UKPC 11
The Privy Council has reversed findings on dishonesty from the lower courts, and provides a useful reminder in relation to appealing findings of facts
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AnalysisBrussels IV is here: what you need to know
The new European succession regulation, better known as Brussels IV, came into force on 17 August. It will have an impact on both UK residents with property in other EU states and UK expatriates resident in other EU states. Lesley King presents a top-level, back to basics guide
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AnalysisCommercial sense? Arnold v Britton and service charges
The Supreme Court has considered whether a service charge clause in leases of holiday chalets should be interpreted as obliging the tenants to pay a fixed sum with a fixed annual increase
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AnalysisMichael Wilson & Partners Ltd v Sinclair [2015] EWCA Civ 774
Court of Appeal confirms that the principles set out in Mitchell have to be read in the light of Denton
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AnalysisSpotlight: Ilott v Mitson [2015] EWCA Civ 797
Heather Ilott has been awarded £164,000 from the estate of her estranged mother by the Court of Appeal, even though her mother’s will expressly stated that she should receive nothing. Are other wills now at risk? Samantha Ewing and Margaret Windram considers what lessons can be learnt
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AnalysisSpotlight: Arnold v Britton [2015] UKSC 36
In a long-awaited judgment on service charges that will be of interest to all residential property practitioners, the Supreme Court has considered the degree to which ‘commercial common sense’ can be deployed in contractual interpretation. Roger Hardwick explains
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AnalysisBegum v Hossain [2015] EWCA Civ 717
This case is an usual case of the court upholding a challenge to an expert determination, and a reminder of the limited grounds on which an expert determination can be challenged
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AnalysisSpotlight: King v Chiltern Dog Rescue
The Court of Appeal has overturned a claim for donatio mortis causa (DMC) and added clarity to the law in this area. Clara Staunton, solicitor at Myerson, explains
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AnalysisCourt of Appeal reverses deathbed gifts decision
The Court of Appeal has restated the law relating to donatio mortis causa, and clarified the test to be applied in determining such claims, explains Lesley King
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AnalysisSpotlight: Re MN (Adult)
This appeal raises fundamental questions as to the nature of the Court of Protection’s jurisdiction. What guidance can it offer us?
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AnalysisSpotlight: Re X (Court of Protection Practice)
The Court of Appeal has confirmed that both domestic law and the requirements of article 5 of the ECHR currently mandate that P is joined to proceedings for judicial authorisation of the deprivation of their liberty
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AnalysisNokes v Heart of England Foundation NHS Trust [2015] EWHC B6 (Costs)
In one of the first judgments since the Jackson reforms, Master Leonard has given useful guidance on the extent of recoverability of post-LASPO ATE premiums in medical negligence claims
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AnalysisSpotlight: Sharp v Hutchins
The High Court has upheld the 2013 will of an elderly bachelor who left his estate to a builder he befriended, leaving the beneficiaries of an earlier will disappointed. Matthew Duncan considers its significance to practitioners
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AnalysisBlurred boundaries
The Court of Appeal in Wood v Waddrington has confirmed the approach the court will take with regards to the operation of section 62 of the Law of Property Act 1925 in relation to the creation of easements
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AnalysisSpotlight: Project Blue Ltd v HMRC
Ben Roberts discusses the first test case involving the application of section 75A of the Finance Act 2003, an anti-avoidance SDLT provision, and its implications for SDLT planning
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AnalysisHave I the right?
The public guardian has been criticised by the Court of Protection for refusing to register a property and financial affairs LPA. Lesley King explains why
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AnalysisP v P [2015] EWCA Civ 447
Court of Appeal upholds Mr Justice Mostyn’s decision to vary a trust in a nuptial settlement, in order to meet the wife’s financial claim. In his judgment, Lord Justice Jackson gave guidance about the procedure to appeal a High Court decision
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Analysis
Cashman v Mid Essex Hospital Services NHS Trust [2015] EWHC 1312 (QB)
The High Court overrules a senior costs judge, after he denied a claimant who made a successful part 36 offer in detailed assessment proceedings the additional 10% uplift
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AnalysisThe right to an indemnity: Swift reaches the Court of Appeal
In what circumstances may registered chargees be entitled to an indemnity under schedule 8 to the Land Registration Act 2002?