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Hot off the press – Law blogs
I blog on topics which will interest and be useful to you. If you would like me to blog about a topic not mentioned here already, please let me know by emailing richard@mortlakelaw.co.uk and I’d be happy to research and write something for you.
Challenging a Grant of Probate when the person concerned is “very much alive”
In its opening line, Deputy Master Linwood noted, “This is an unusual probate claim in that the deceased says she is very much alive”.
Background:
Ms. June Ashimola discovered, to her...
To consent or comply – the fraught issue of forced marriage protection orders
The High Court was faced with a case relating to the potential extension of forced marriage protection orders (FMPOs). The Court focused on the need to protect individuals against “the...
While giving to charity is honourable, it cannot be done to the detriment of the spouse
The High Court heard a claim that the financial provision in a will was not reasonable in light of their high standard of living.
Background:
On the 25th of March, 2020...
Allegations of coercive control are hard to prove
The High Court was faced with a challenging case not only because of the complex family and cultural situation, but also because of alleged coercive control and manipulation.
Background:
Both the...
Conflicts of interest as an executor
The Court removed the executor due to his failure to address a serious conflict of interest arising between his personal interests and his role as executor for a period of...
No summary return to China for an abducted child
The High Court was faced with a summary return order (SRO) for a child to a country which is not signatory of the 1980 Hague Convention.
Background:
The father is a British...
The implication of a person’s marital status on the transfer of shares.
The High Court faced an application relating to the interpretation of a shareholders' agreement (SHA) and a company's articles of association (AoA) - in particular, whether the term ‘privileged...
Placement with family members living abroad – there must be some realistic option for the placement to be positive.
The Court of Appeal (CoA) heard an appeal regarding an 18-month-old boy and whether delaying the procedure longer to allow a full assessment of the aunt and uncle, who were...
Best interest means timely and effective processes
The Court of Protection (CoP) criticised the significant delays in best-interest decision-making.
Background:
JP, a man with a prolonged disorder of consciousness (PDOC) following a severe hypoxic...
Can your parents decide where you should live, on the ground that it is in your best interest?
The High Court heard an application for the wardship of a young male wanting to return to the UK and whether the parents’ decision to remove S to Ghana was...
A disclaimed gift in a will – who receives it?
The High Court heard a case regarding the distribution of an estate where one of the beneficiaries disclaimed their inheritance. The will included the term ‘failure’ but as the defendant...
Considering an unlawful foreign surrogacy arrangement – think about it twice!
The High Court took the opportunity given by this case to issue a stark warning to parents considering unlawful surrogacy abroad. As Sir Andrew McFarlane P noted, this case aims...
Void and voidability in the recovery of trust assets
The Court of Appeal (CoA) heard a case regarding whether the sale of some trust assets was the result of the improper exercise of a fiduciary power.
Background:
There were three trusts...
Not married? You must prove that you were not at your marriage ceremony
The High Court faced a complex case in which one party alleged that the couple was married in a civil ceremony while the other contended that it was a fraud...
Don’t follow too narrow an interpretation of ‘personal data’
The High Court considered a claim that HMRC breached the subject access rights (SAR) of the claimant under the UK General Data Protection Regulation, or GDPR.
Background:
Mr. Ashley brought a claim...
Parental orders can be troublesome in cases of anonymous surrogacy
The High Court was faced with a peculiar set of facts in which the biological father, who is also one of the applicants, was known but the biological mother was...
Consideration paid under a composite agreement is attributable to licensed image rights not performance of service which falls outside of IR 35
The First-tier Tax Tribunal was asked to consider the application of the intermediaries’ legislation (IR35) called off-payroll working to payments made by Manchester United Football Club (MUFC) to...
Use the right remedy to a care order!
The Supreme Court dismissed a father’s writ of habeas corpus after he challenged a care order over his children.
Background:
The children, aged 11 and 9, were placed under a care...