All Analysis articles – Page 8
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Analysis
Watts v Watts
The Chancery Division considered the validity of a will made by the testatrix while she was in hospital. The court held that, on the evidence, one of the witnesses to the will, a nurse, had been misled into signing it, and had not seen the testatrix sign it.
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Analysis
Burnard v Burnard
The Chancery Division considered the true construction of a will and determined what assets formed part of the deceased’s estate. Applying settled law, there appeared to be a powerful argument that there was a clerical error in naming the wrong company in the will.
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Analysis
Dunhill v Burgin
When deciding whether a person has or lacks the mental capacity to conduct legal proceedings on her own behalf, the capacity test has to be applied to proceedings as they should be brought.
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Analysis
Public Guardian v JM
The Public Guardian applied to the Court of Protection requesting the court to revoke and direct the cancellation of the registration of a Lasting Power of Attorney and to appoint a Panel Deputy instead.
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AnalysisInheritance claims by adult children: Court of Appeal throws out Illott v Mitson
Lesley King analyses the latest chapter in the long-running saga of Illott v Mitson concerning an application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
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AnalysisSpotlight: Mehjoo v (1) Harben Barker (a firm), (2) Harben Barker Ltd
Court of Appeal overturns Mehjoo decision on tax advice.
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Analysis
Coventry v Lawrence
The claimants brought a nuisance action against the defendant in respect of the noise generated by motor sports conducted on their land.
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Analysis
Xenakis v Birkett Long LLP
Issues arising upon the uptake of occupation prior to the formal completion of a lease.
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AnalysisCourt of Appeal holds law firm accountable for lender's loss
Peter Reekie outlines the findings in the recent case around potential breach of negligence where a law firm is caught out by a fraudster
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Analysis
Santander UK plc v R.A. Legal Solicitors
The Court of Appeal ruled that a law firm’s departure from best practice played a material part in the loss suffered by a lender, and therefore it would not be fair to grant the law firm any relief from liability for breach of trust under section 61 of the Trustee ...
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Analysis
Adamson & Others v Paddico (267) Ltd and Taylor v Betterment Properties (Weymouth) Ltd
Two appeals from decisions of the Court of Appeal concerning applications made by the respective landowners under section 14 of the Commons Registration Act 1965 to rectify the register of town and village greens
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Analysis
Pillar Denton Ltd v Jervis
The Court of Appeal considered whether rent due under a lease between the landlord and a company in administration should be deducted as an expense of the administration.
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Analysis
Bywater Properties Investments LLP & Ors v Oswestry Town Council
Construing a rent review clause in a 1960s lease.
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AnalysisCan the court order rectification without determining a mistake?
Lesley King analyses two cases which emphasise the importance of cautious will drafting to avoid problems further down the line.
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Analysis
Catling v Catling
A contentious probate case brought by the seven eldest children of the late testator, who challenged the validity of her alleged last will, which purported to leave her entire estate to the first defendant, her eighth and youngest son.
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Analysis
Kevern v Ayres
The High Court considered whether it could order rectification of a deed without determining whether there had been a mistake.
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Analysis
Re Nicholas Christou (Deceased)
A challenge to a will on the basis that it was a forged document, and that the testator did not understand fully and approve its contents.
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Analysis
Great Western Hospitals NHS Foundation Trust v AA
The High Court granted permission for the Trust to carry out a Caesarean section on a woman suffering from bipolar disorder.
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Analysis
IM v LM and others
The Court of Appeal held that the test for determining whether a person enjoyed capacity to marry or experience sexual relations included an evaluation of the person’s ability to use relevant information.
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AnalysisSpotlight: Blankley v Central Manchester & Manchester Children’s University Hospitals NHS Trust
Is a solicitor’s retainer automatically terminated if their client loses mental capacity during the course of the retainer?