Rachel Waller, Contentious Wills and Probate Partner at Excello Law, responds to a reader’s question in This is Money: Reader’s …

Barney Laurence is a specialist uk litigation solicitor with expertise  in the area of restrictive covenants in employment contracts. In …

In resolving right of way disputes, judges’ first port of call is to the precise wording of relevant property deeds, …

The case concerned a house in a leafy cul-de-sac in one of Cornwall’s most popular seaside locations. Its owner wished …

A woman bought a leasehold flat from a property development company which had recently refurbished it. Prior to the sale, …

In the context of a commercial property dispute concerning the proposed erection of an anaerobic digestion plant, the Court of …

Brexit, arts subsidies and the English National Opera On 27th March 2023, the UK’s Subsidy Advice Unit (SAU) announced that …

A landowner asserted that his neighbours’ right of way over a track that crossed his land was limited to a …

When the use of commercial premises beneath a leaseholder’s flat was changed from an estate agency to a bar / …

Landowners should sit up and take notice of the Court of Appeal’s ground-breaking decision to award compensation to a property …

On 17 April, the Data Protection and Digital Information (No. 2) Bill had its second reading in the House of …

Helen Tomlinson’s appointment as the government’s first Menopause Employment Champion signals that this once-hidden but hugely important medical issue is at last being …

Currently, workers must have been employed for 26 weeks before availing of the right to request flexible working. Employees may …

Corporate insolvencies increased by almost a fifth in England and Wales in the year to February 2023, according to data …

Brexit and Digital Assets On 10th January 2023, UNIDROIT, the International Institute for the Unification of Private Law, announced a …

The case concerned a proposal to demolish four suburban houses and replace them with a block of 33 flats, standing …

Farmers are often required to give contractors access to their fields so that they can work on utilities pipes or …

Many commercial leases appear to confer on landlords a wide and unilateral power to calculate and demand payment of service …

Mere overlooking by one property over another may not amount to a legal nuisance – but the Supreme Court has …

It is a longstanding rule of law that dispositions of beneficial interests in land must be made in writing and …

Tenants are only obliged to pay service charges that have been reasonably incurred. That principle was the focus of a …

In an important case for commercial landlords and professional partnerships, the First-Tier Tribunal (FTT) has ruled that a law firm …

A local authority was entitled to require removal of three advertising hoardings that protruded a few centimetres over a pavement. …

Brexit and Paul Cezanne (1839-1906) At the beginning of 2023 one of the premier art exhibitions in London was the …

The British Dyslexia Association estimates between 10% to 15% of the UK population has either dyslexia or another learning difficulty. …

The dramatic collapse of FTX, one of the world’s largest cryptocurrency exchanges, has shaken the cryptocurrency markets and raised serious …

It is an unfortunate reality that workplace Christmas parties are often followed by a stark rise in sexual harassment issues …

Landlords often fight legal battles for what they perceive to be the benefit of their tenants – but can the …

A few years ago the Scottish Parliament passed legislation introducing widespread reforms to residential lettings in Scotland. Its provisions are …

The question of whether a use of land amounts to an actionable nuisance very much depends on the character of …

Companies have their own legal personalities, distinct from their owners. That basic principle of law could hardly be more important …

On 30 June 2022, after six months in post, the UK’s new Information Commissioner John Edwards published an open letter …

Root and branch reform of the UK’s audit and corporate governance regime is widely recognised as being long overdue. Such …

Brexit and India On 18th October 2022, City AM published an article entitled “No Brexit karma in Delhi: Whisky and …

Paid holiday is a fundamental and long-established feature of UK employment contracts. But the question of how employers calculate holiday …

Tenants of commercial premises are often subject to rigorous repair obligations and are required to hand them back at the …

Almost all commercial leases are subject to covenants restricting the use to which the premises can be put. However, as …

It is increasingly commonplace for owners of vacant commercial buildings to permit their occupation by so-called ‘property guardians’ with a …

Commercial tenants who assign their leases may feel that they have washed their hands of the matter and are at …

Brexit and China (excluding Hong Kong) On 9th September 2022, in an article captioned “Chinese firms shun the US for …

Working mothers are a resilient group, accustomed to juggling work responsibilities and family time with aplomb. Such was the conclusion …

On 14th January 2021, shortly after the end of the post-Brexit transition period on 31st December 2020,  the UK High …

Your neighbours owe you a duty of care and, if they cause a nuisance that results in you suffering financial …

The difference between a binding contract and an agreement in principle, subject to further negotiation, could hardly be more important. …

Most people are aware that companies have legal identities separate from the individuals who control them. The application of that …

Residential landlords sadly often focus on collecting rent and take a laissez-faire attitude to the condition of their properties. However, …

On 16 June 2022, the Government introduced a White Paper called “A Fairer Rented Private Sector”. It proposes the biggest …

The way Employment Tribunals record their proceedings may soon be modernised, with handwritten notes being replaced by digital recordings and …

When Anne Robinson recently left Countdown, the 77-year-old broadcaster quipped: “I’ve had a blast hosting this wonderful show and I stayed …

A recent victory in an Employment Appeal Tribunal serves as a reminder to judges and employers of the requirement for …

This summer marks the first summer in over two years where we can travel abroad (almost) freely and we have …

Many pregnant employees or new mothers will be worried about the rising cost of living and economic pressures that may …

On 28th April 2022, the UK and Swiss Governments issued a Joint Statement announcing their intention to negotiate an enhanced …

Just before the Queen’s Speech was delivered, rumours had been circulating that the long-awaited audit and corporate governance reforms had …

A couple bought a field with the aim of constructing an equestrian training facility on it. Less than a year …

Registration of a property as an asset of community value (ACV) can be a serious, even fatal, stumbling block in …

Restrictive covenants that forbid property owners from causing annoyance, nuisance or disturbance to their neighbours commonly appear in title deeds …

When deciding whether someone has a beneficial interest in a property, financial contributions to the purchase price, mortgage or other …

Tuckers had been hit by a ransomware attack that caused the encryption of almost one million files and the release …

Brexit and Morocco On 21st April 2022, The Times published a full-page advertisement from “Morocco Now”, the Moroccan Government Trade …

An important High Court ruling has underlined how sellers are under an overriding legal obligation to disclose defects in title …

A relaxation of planning rules has presented landlords of residential blocks with the tempting opportunity to extend them skywards, creating …

Private property rights sometimes have to take second place to the onward march of technology. The Court of Appeal powerfully …

Numerous hospitality and other businesses suffered crushing losses when they were denied access to their commercial premises during COVID-19 lockdowns. …

Which entrepreneur wouldn’t want to sell his or her company at full value, tax free? And even better, without having …

A survey carried out for the recent FT Innovative Lawyers Report  found that 90% of lawyers would refuse to work …

After years of planning, ‘no fault’ divorce has finally become a reality in England and Wales. Thanks to the Divorce, …

Brexit and Switzerland The political and economic relationship between the UK and Switzerland, always strong, seems to have grown even …

Does an office block lived in temporarily by so-called ‘property guardians’ have to be licensed as a house in multiple …

Residential tenants are commonly required to seek their landlord’s written consent before assigning their leases to others. However, as a …

The Party Wall etc. Act 1996 provides an invaluable and frequently used mechanism by which disputes between owners of adjoining …

In a guideline case the High Court defined the circumstances in which a property owner can access his neighbour’s land …

Brexit and the “Brexit Freedoms” Bill On 31st January 2022, which happens to be the second anniversary of the UK’s …

According to recent figures, the number of UK insolvencies last year remained surprisingly low. The primary reason for this is …

An employment tribunal recently ruled that asking older workers when they plan to retire can amount to age discrimination. The case reiterates …

A bewildering array of corporate structures is all too commonly used to conceal the real ownership of property. However, as …

To what extent, if any, do occupiers of land bordering highways owe a duty of care to road users? The …

Landlords who rent out houses in multiple occupation (HMOs) without a required licence are exposed to the double whammy of …

Absentee or non-resident tenants who do not leave their landlords with a forwarding address place themselves in acute legal danger. …

Corporate cronyism remains a significant problem in the modern workplace, despite equal opportunity initiatives, diversity protocols and organisational training. Hierarchies …

Brexit and the UK’s National Security and Investment Act 2021 (NSIA) On 4th January 2022, The Times reported that new …

“This website uses cookies. Please click here to accept.” We’ve all seen these sorts of pop-up messages, known as cookie …

Most people would say that they would recognise a road if they saw one. However, as a ground-breaking High Court …

The practice of permitting so-called property guardians to occupy premises in order to protect them against trespassers and vandals is …

The case concerned a residential close, built in the 1980s, consisting of four homes. They were positioned closely together with …

Utility companies whose bills have not been paid may enter private property, whether it be commercial or residential, in order …

New research commissioned by the family justice organisation Resolution has uncovered the struggles experienced by separated parents, particularly during the …

Brexit and judicial review On 6th December 2021, The Times reported that the UK Government is planning further action to …

The high street chain Timpson recently announced that it will pay for hormone replacement therapy (HRT) prescriptions for employees experiencing menopausal …

The coronavirus pandemic radically accelerated the shift towards working from home. It has been embraced by the financial services industry. …

As 2021 draws to a close, I thought I would use this column to reflect on another strange year and …

High hopes were pinned on the audit reforms that were expected to restore trust in corporate governance and audit. So …

The legal right that many commercial tenants enjoy to have their leases renewed can be overcome if their landlords ‘intend’ …

Brexit and the EU’s Sustainable Finance Disclosure Regulation (SFDR) On 7th November 2021, The Sunday Times published a supplement entitled …

In order to be subject to non-domestic rates, a commercial space must be capable of beneficial occupation for the purpose …

The case concerned a pub that was the only such establishment in a rural village. There had been a hostelry …

In this guideline case, the court set out the legal principles which it will use to determine whether a prescriptive …

Data protection is seldom out of the headlines these days. Whether its massive data breaches involving multinational companies or members …

The case concerned mixed commercial and residential premises that were held on a 20-year lease. By mistake, the rent paid …

Where the COVID-19 pandemic rendered the use of commercial premises illegal or unviable, should the resulting losses fall on the …