Legal articles

Are prenuptial agreements legally binding in the UK?

Posted by Peter Lowe on December 7 2010
Family & divorce Individuals & families
Photograph of Peter Lowe
Prenuptial agreements were recognised as enforceable under British divorce law for the first time in the case of Katrin Radmacher and Nicholas Granatino. Before Katrin Radmacher and Nicholas Granatino married in 1998, the wealthy German heiress ensured that her husband signed a prenuptial agreement promising to make no claims on her fortune if the marriage failed. Katrin Radmacher was a wealthy woman with shares in a family company worth around £50 million and further assets of around £55 million all of which were inherited before her marriage. At the time of the breakdown of the marriage Mr Granatino was earning £30,000 as an academic at Oxford University.

Bankruptcy and a trustee's interest in the matrimonial home

Posted by Caroline Benfield on November 19 2010
Family & divorce Insolvency & restructuring
Photograph of Caroline Benfield
One of the criticisms of the old insolvency regime was that a trustee in bankruptcy, who had failed to immediately realise their interest in a bankrupt’s family home, was able to recover this interest several years after the date of discharge of the bankruptcy order. In most cases, this interest would have increased substantially in value due to recent spiralling property prices. Amendments introduced by the Enterprise Act 2002 seemed to address the balance more in favour of the bankrupt.

What to do if your relative dies with assets abroad

Posted by Amy Lloyd on November 13 2010
Individuals & families Private wealth
Photograph of Amy Lloyd
A second home in the UK presents administrative and logistical challenges but at least within a familiar tax and legal regime. These challenges escalate with a foreign property, particularly in relation to succession law and tax issues. In both France and Spain there are fixed succession rules whereby local law provides for an automatic entitlement of a certain proportion of your estate to your children, unlike English law which allows you to leave your property as you wish.

Obtaining Interim Payment in Litigation - the use of settlement offers

Posted by Stuart Thwaites on November 12 2010
Construction & engineering
Photograph of Stuart Thwaites
Court action to obtain payment can sometimes be a lengthy process and adjudication is not always available or appropriate. However the court rules (known as the Civil Procedure Rules, or “CPR”) lay down specific grounds for allowing a claimant to apply for an interim payment in respect of his claim, before trial. This can be an attractive option for a claimant, particularly if there are cash flow problems.

The Defective Premises Act 1972

Posted by Stuart Thwaites on November 12 2010
Construction & engineering
Photograph of Stuart Thwaites
The Defective Premises Act 1972 (“the Act”) imposes important obligations on both contractors and consultants involved in the design and construction of a dwelling. A dwelling can include a house or flat, and the Act applies both to new build dwellings as well as conversions or enlargements of dwellings, but does not apply to repairs. The Act imposes some onerous obligations.

Court rectifies a sub-contractor’s tender mistake

Posted by Stuart Thwaites on November 6 2010
Construction & engineering
Photograph of Stuart Thwaites
In Traditional Structures Limited v HW Construction Limited [2010] EWHC 1530 (TCC) the Claimant submitted a tender in early 2008 for the supply and installation of structural steel work and roof cladding at a development in Sutton Coldfield. By failing to make honest enquiries regarding the price, HW Construction was found to have acted in an unconscionable way - even though the parties were involved in a commercial transaction at arms length. This decision emphasises the importance of certainty when entering into commercial agreements.

Trading disclosure regulations - displaying your company name

Posted by Robert Lee on September 3 2010
Corporate transactions
Photograph of Robert Lee
New trading disclosure regulations came into force on 1 October 2008, replacing existing requirements and introducing some important new duties and some changes to the existing law. A company (other than a dormant company) must display its registered name at its registered office, and any inspection place, as well as any location where it conducts business (unless that location is primarily used for living accommodation). The registered name must be visibly obvious to any visitor to the premises.

The Equality Act 2012

Posted by Suki Harrar on August 22 2010
Employment & HR
Photograph of Suki Harrar
In 2009 the government stated that if no action was taken to deal with the widespread discrimination which exists in society, the pay gap between men and women will not close until 2085 and it will take a further 25 years for people from ethnic minorities to have the same job prospects their white counterparts. In response to this concern, the Equality Act, which came into force on 10 October 2010, outlines a number of 'protected characteristics' and new forms of discrimination.

Highways Authorities have a statutory duty to unblock drains

Posted by Pritpal Singh Swarn on August 13 2010
Planning & environment
Photograph of Pritpal Singh Swarn
A recent Court of Appeal judgment in the case of the Department for Transport, Environment and the Regions v Mott MacDonald Ltd, Amey Mouchel Ltd and Cornwall County Council [2006 27th July], has confirmed that the statutory duty imposed on highway authorities to maintain highways that are maintainable at the public expense, does extend to repairing and maintaining drains beneath the surface of the road.
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