The CLC has issued a notice to clients as follows: ‘If you were a client of a CLC regulated practice who acted for you in an investment property transaction such as the purchase of hotel rooms and student accommodation units in developments that did not complete (“Investment Property Transactions”) and have incurred a direct loss …
Continue reading “CLC – closure of compensation fund pool”
The SC has heard an important case regarding adverse possession which will be of interest to all property practitioners. The case summary is as follows: ‘Background to the Appeal This is a case about adverse possession. Mr Brown (the respondent) is the registered owner of land lying to the west of the Promenade, Consett, County …
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Increased court fees came into effect on 1 April 2025 to account for changes to the Consumer Price Index (CPI). Fees that have increased include the following under the Family Proceedings Fees Order 2008: application for a divorce, nullity or dissolution of CP is now £612 (up from £593); application for matrimonial or civil partnership …
Continue reading “Practice – court fees”
The EAT has heard an appeal where it had to consider questions about the approach the ET should take to issues of group disadvantage and justification in a complaint of indirect sex discrimination, and to the determination of the reason for dismissal in a claim of unfair dismissal when the claimant had earlier accepted that …
Continue reading “EAT – indirect sex discrimination”
HMLR issued a new PG on 10 March 2025: PG83: Alteration. This guide provides information about the purposes for which the register may be altered, either by the court or the registrar, under Schedule 4 to the Land Registration Act 2002. It also provides information about how to make an application for alteration, as well …
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The LA applied for a care order in relation to a six-year-old (P). The application emanated from lengthy private children proceedings. The LA had eventually become involved and P was removed from M’s care in October 2023 under an interim care order. At the hearing for an interim order, there was a wealth of evidence …
Continue reading “Public law – proceedings”
A party’s poor conduct, including persistent abusive communications, was not ‘exceptional’ enough to impact the final financial award. The key issue in dispute in this high-value case was the valuation of a company. The parties had been married for 19 years and had 12-year-old twins who lived with W. W had applied for financial remedies …
Continue reading “Financial remedies – conduct; company assets”
The overriding principle of totality is that the overall sentence should reflect all the offending behaviour, with reference to overall harm and culpability and the aggravating and mitigating factors relating to the offences, and those personal to the offender. The sentence should also be just and proportionate. In this case, a sentence of 18 years’ …
Continue reading “Sentencing – mitigation”
The Voyeurism (Offences) Act 2019 created two new offences of what’s known as ‘upskirting’. A was convicted of voyeurism but appealed on the basis there was no case to answer. A, a railway worker, was on a train wearing his uniform and took several pictures of his victim (C) while she was asleep. CCTV showed …
Continue reading “Offences – ‘upskirting’”
Here is the press summary of the widely commented upon case involving a moth infestation and a £32.5m house: ‘1. Judgment is given today in the claim of Iya Patarkatsishvili and Yevhen Hunyak (“the Claimants”) for rescission and damages for fraudulent misrepresentations made by William Woodward-Fisher (“the Defendant”) in the sale of a house, Horbury …
Continue reading “Moths – misrepresentation”