It is generally understood that the Party Wall Act 1996 (“the Act”) legitimises activities in relation to party walls which would otherwise be nuisance or trespass. But is the Act purely “permissive”, or does it have teeth?

Many contested wills feature valuable Estates, which include farms and / or land, and the combination of a high value Estate, and grounds to contest a will, is often sufficient to launch a claim. Add to the mix a will containing different terms to those anticipated and a proprietary estoppel claim from a disappointed beneficiary may well result.

The House of Lords case of Stack v Dowden (2007) concerned the declaration of beneficial interests in relation to a property which was jointly owned by a co-habiting couple. It was established that in the event that such a property had to be divided and there was no expressed declaration as to the respective beneficial interests, the starting point would be that where there was joint legal ownership, the parties intended there would also be joint beneficial ownership in equal shares. If either party wished to show that they were entitled to a different share, the onus would be upon them to provide compelling evidence to support a claim for higher shares.

There is no automatic right for a trustee in bankruptcy to receive occupational rent as it would depend upon the circumstances.

The use of liquidated damages as a sole remedy for contractor delay is a well-established mechanism in the construction industry.

The government has announced this week that it will be rolling out the first dose of the Pfizer-BioNTech Covid-19 vaccine to all 16 and 17 year olds.

Deciding whether to contest a trust is a big decision. It is important to make sufficient investigations at the outset to ascertain the realistic prospect of your claim succeeding.

2019 has seen an exciting year in contentious probate and we have seen some rare cases on unusual areas of law.

Spring is all about new beginnings. As the weather warms up, job opportunities often blossom. But, in the excitement of taking the next step along your career path, be careful of any restrictions relating to your current employment.

When payments are made or received by businesses or individuals there are usually three types of things that may go wrong, a mistaken payment, an unauthorised payment, an authorised push payment.