DIY detective work by divorcing couples to expose a spouse’s hidden assets was declared unlawful in a landmark ruling, ending decades of traditional tactics in marriage disputes. Litigants will no longer be able secretly to seize papers or documents that they find lying around or access e-mails after the Court of Appeal held that this could breach a person’s rights of confidence and might also be a crime. Divorce lawyers immediately condemned the ruling, saying it would turn back the clock decades, reversing the principle that wives are entitled to an equal share when a marriage breaks up. It would…
Senior judges are taking a tough line with former wives of millionaires who return to court seeking to reopen divorce settlements. Judges have become concerned that the decisions of High Court, have led to London being the divorce capital of the world. Judges have thrown out attempts by former wives to challenge the terms of their divorce awards. In the latest, the former wife of the Conservative Party grandee Sir Paul Judge failed to amend a £6.6 million divorce settlement that she received nearly ten years ago. In another case, a wife who was awarded £7.5 million unsuccessfully tried to…
A ruling is awaited in the case of the German heiress Katrin Radmacher and her former husband. Should pre-nuptial contracts be binding in law? The Supreme Court justices are wrestling with this issue – and their decision is expected shortly. Lawyers had been expecting the ruling by now – and speculate that the delay means the justices cannot agree; or at least will each give their own opinion. Nine judges are involved, and the decision is keenly awaited. The couple signed a prenuptial agreement that neither could claim against the other in the event of divorce but Mr Granatino, who…
The Court of Appeal has ruled that a building designed as a house, but used entirely as an office could be considered a “house” for leasehold enfranchisement purposes. The floodgates are open, for all sorts of buildings that nobody would perceive as being a house. This ruling is clearly going to have a huge impact on a wide range of properties not only in London, but around the country. Whether a building was a “house” for the purposes of section 2 (1) of the Leasehold Reform Act 1967 should be determined “at least in the main” by its physical appearance…
Estate agents and developers will offer you a virtual freehold. Take care. There is no such thing as virtual freehold. When a block of flats is developed each flat’s ownership should be sold/split as a new long lease, The freehold reversion should either be: a. retained by existing owner; or b. transferred to a newly-created company (limited by guarantee) of which each flat’s leaseholder should be a member. So be careful of falling for the sales patter ‘ virtual freehold’ when it is not even exist. Call or e-mail the experts for a free opinion. For more information or a…
Judges hearing cohabitation claims over a former couple’s home should only depart from the principle of equal interests where there is a clear indication of joint shared intentions to the contrary/ In the Court of Appeal, Lord Justice Wall said there was “a total lack of evidence about the parties’ intentions”, in this case and overturned the findings by the county court and High Court that the interests should shift to 90-10 in favour of Patricia Jones. Ms Jones and Leonard Kernott had lived together unmarried for eight years in the house they had jointly bought in 1985 in Essex,…
Rodney Hylton-Potts a London lawyer said today: ‘Also I have been approached by several clients, because I am starting the UK equivalent of a class action, which could end up with thousands of clients claiming NATS, CAA and VAAC, from millions of pounds for negligent advice, breach of duty, and gross incompetence in mishandling the crisis. I have little doubt the airlines will be claiming, but I will be helping the little man and woman.’ Ends For further information e-mail [email protected] or telephone 020 738 18111.
Can my employer dock my pay if I cannot get into work? Employees have protection against an unauthorised deduction from their wages. Does the contract state that you do not get paid, if you do cannot get in, due to adverse weather? It can if the Employer drafts it correctly. Also another argument is that if an employee is unable to attend work, they have not performed their obligations, and therefore are not entitled to pay. Another Question: Can my employer force me to take a day off as holiday when I am stranded? Yes, if reasonable notice is given,…
My other half was driving. The couple share a car. Each driver from time to time. Month later a form arrives requiring the keeper to state who was driving. They cannot remember despite consulting diaries. It could have been either of them. This can result in all charges being dropped. Millionaires Ian and Jayne Oliphant-Thompson tried this, but got in a dreadful mess and ended up both getting fines and costs of over £1500 and sharing 12 penalty points. We can help. Come to the experts. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or…
The Police have to prove that you were holding a mobile ‘phone and performing an ‘interactive communication function’. That means sending or receiving a voice or written message, or email or going on the Internet. Dictating notes into a ‘phone using it as a dictaphone is not covered. If you have been stopped for using your mobile ‘phone contact the expert. For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email [email protected].
