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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.
Revocation of a deputyship order due to the unwillingness of the deputy to act in the person’s best interest
The Court of Protection was faced with an application to revoke a deputyship order and the question of whether the person had moved their habitual residence outside of the UK.
Background:
This...
Can a Court revoke an adoption on welfare grounds alone?
The Court of Appeal (CoA) clarified that adoption orders may generally only be set aside on appeal and that the High Court does not have the inherent power to revoke...
Drafting error in a will – how can a court assist?
The High Court was faced with a complex case in which a drafting error would have created problems and resulted in partial intestacy.
Background:
The testator died on 27 February 2019...
Legal service payment order in divorce: Ensure that your request is justified
The Family Court addressed complex and high-cost divorce proceedings, focusing on a legal services payment order and its various components.
Background:
This case relates to two applications made...
Forced Caesarean section is in the best interest of a mother detained under the Mental Health Act
The Court of Protection (CoP) was faced with a difficult question regarding whether a Caesarean section (C-section) against the mother's wishes was in her best interest due to her mental...
International child abduction: The weight given to objections of the children
The family courts have dealt with various abduction cases over the years and some have had similar factual circumstances. In at least two cases English courts were faced with the...
Genuinely repayable loans are not deemed to be ‘taxable earnings’
The Upper Tribunal (UT) was asked whether a contribution to an employee benefit trust (EBT) made by a company constitutes ‘taxable earnings’.
Background:
M R Currell Ltd. (MRCL) is a family business...
Determining a child’s habitual residence
The Court of Appeal (CoA) had to determine the habitual residence of a newborn child to determine which council was responsible for the care of a baby born prematurely.
Background:
G...
Undue influence and restrictions imposed on existing lasting powers of attorney
The Court of Protection (CoP) used its inherent jurisdiction to conclude that an elderly lady was subject to undue influence by her daughter.
Background:
CA, a 79-year-old woman, was diagnosed in...
Right to self-identity and a change of given name
The Court of Appeal (CoA) was faced with a question regarding a change of given name.
Background:
C is one of three children caught up in bitter litigation between their parents...
Success fees cannot form part of inheritance claims
This Supreme Court judgement might be one of the most anticipated for those interested in contentious probate. The question the Supreme Court had to answer was whether a success fee...
Local authorities have a deeply legislated duty to house children
The Court of Appeal (CoA) reaffirmed the distinction between Section 20 of the Children Act 1989 (CA 1989) and Section 175 of the Housing Act 1996.
Background:
The claimant, a 17-year-old woman...
Transfer of a beneficial interest in company shares – you don’t need it to be in writing
The Supreme Court had to answer the question as to whether a beneficiary may dispose of his entire beneficial interest in shares (which are regarded as personal property) to the...
Abuse of process – ensure your application brings something new
The High Court dealt with a divorce case ‘as extraordinary as one can imagine’, one that spanned two decades and continents.
Background:
Mr. Taiga, now 77, and Ms. Ogbedo, now 56...
Lack of capacity to engage in sexual relations should be based on a “clear, causative nexus”.
The Court of Appeal (CoA) heard a leapfrog appeal regarding an individual's capacity to engage in sexual relations under the Mental Capacity Act 2005 (MCA).
Background:
ZX was born in 2006 and...
Does the ‘right-to-buy’ defy death?
The Court of Appeal (CoA) had to answer whether a family member of a secure tenant has the right to buy posthumously under the Housing Act 1985.
Background:
Mrs. Laura Howe was...
The Autumn Budget and its impact on inheritance tax
In October 2024 the so-called Autumn Budget was announced in which the UK Government announced a £40 billion package of tax increases. One of the areas most affected by the...
Beware of the use of fertilised embryos without the written consent of the deceased
The High Court was faced with tragic circumstances and the difficult question of whether EF could use an embryo created with his sperm and his late wife’s eggs in treatment...