Latest Legal News
Rival products sometimes bear similar names but, when considering whether or not that is likely to cause confusion, judges place themselves in the shoes of average consumers. The High Court did just that in resolving a trade mark dispute in the cosmetics...
For a UK court to have jurisdiction over a family law case, it is necessary to show that at least one party to it has habitual residence in the UK. In a recent case, an Israeli woman divorcing her Israeli husband sought a declaration that their two-year-old...
Although getting one's tax return right is to be recommended, there are many grey areas in tax and, when HM Revenue and Customs (HMRC) make mistakes at their end, the effect can be to exonerate the taxpayer from liability for all or part of the tax, interest...
Planning decisions would be unpredictable and merely arbitrary if they were not based on carefully considered policies that have been subjected to public scrutiny. The High Court made that point in scotching £1.8 million plans for the expansion of a...
Almost all businesses are insured against fire damage but, when the worst happens, insurers are understandably anxious to make sure they do not pay out any more than they have to. That situation provides fertile ground for dispute, which was certainly so...
We have often stressed the importance of obtaining high-quality legal advice in any dispute and starting any necessary legal action as soon as possible, and a recent divorce dispute illustrates why . It involved a couple who were divorced in 2015. The...
There are hundreds of thousands of companies in tax havens and the true commercial value added by them is probably trivial, whereas the tax avoided or evaded runs into billions, so it is no wonder that governments are mounting an ever-increasing effort to...
Many successful businesses have experience of others seeking to ride on the coat-tails of their expensively established goodwill. However, as was shown by one High Court case , expert legal advice can help ensure that credit is only given where it is due. ...
Talk to a tenant and the lack of security of tenure is often brought up as a significant issue. For landlords, the inability easily to obtain possession of a tenanted property can often cause angst. There is little dispute that a good-quality, settled...
The principle of open courts is highly valued in the UK legal system. However, it is often a worry to people engaged in legal proceedings concerning family or marital issues that by going to court their family's private affairs will become public knowledge. ...
The trend towards full disclosure and openness continues unabated in business, and new regulations are being mooted which will increase the amount of disclosure required of UK-registered companies regarding their principals. Currently, even the smallest...
Gerry Rafferty famously claimed that 'if you get it wrong, you'll get it right next time', but a recent construction dispute shows that this is often far from true in legal disputes: often, if you get it wrong, there is no 'next time'. The facts were...
Many directors of companies are also trustees of the company pension scheme. Sometimes, their duties as a director and as a scheme trustee can be difficult to reconcile. In a recent case, a company alleged that two directors who were trustees of the firm's...
An attack by HM Revenue and Customs (HMRC) on 'disguised remuneration' schemes, wherein a director of a company takes money out of the company in the form of a loan which is never intended to be repaid, has been widely reported. Such schemes were widely...
A wealthy Omani man who failed to pay to his ex-wife the financial settlement ordered by the court, or to cooperate with disclosure orders, faces arrest if he attempts to return to the UK. When the couple's marriage broke up, they were divorced under Omani...
Businesses that have websites will be aware of the regulations that govern the use of 'cookies'. Recently, an opinion of the Advocate General of the European Union on questions referred to the Court of Justice by the Federal Court of Justice in Germany on...
It is very common for tenants who run up rent arrears to effectively be given a second chance by the courts when facing an application by the landlord to repossess the premises. Often, such applications are stayed subject to compliance with a revised payment...
Insolvencies are seldom happy periods for any of those involved and great care must be taken by those who deal with the insolvency proceedings to ensure they do their work in a way that correctly balances the interests of the creditors and the insolvent...
A recent survey by HM Revenue and Customs (HMRC) shows that only one in four UK businesses are aware of the penalties they could face under the Criminal Finances Act 2017 if they fail to prevent the criminal facilitation of tax evasion by any person or...
Whether land is or is not within the curtilage of a building can be a decisive factor in many planning cases. The High Court considered the meaning of the word in ruling that a large hardstanding used for storing fencing materials did not fall within the...
The legal ownership of property is not always the same as the beneficial ownership and disputes can arise when no documentation is executed to show the two are different. Such was the case in a recent dispute which occurred after a couple who had two...
On 25 May 2018, the Data Protection Act 2018 came into force, incorporating the EU General Data Protection Regulation, ushering in a new era of personal data regulation in the UK. At the same time, the Data Protection (Charges and Information)...
Companies understandably may wish to provide financial as well as moral support to their directors if they are facing litigation. However, the issue of whether such contributions are tax deductible is far from straightforward and exercised the minds of...
Is the purchaser of a product sold under a trade mark entitled to take it apart and sell its component parts under the trade mark? The High Court considered that issue in resolving a dispute between rival manufacturers of bracelet charms. An Italian...
Landlords have a legal duty to keep the premises they let to tenants in a safe condition and if they fail to do so can be held liable for any injury or loss that results. Recently, a local authority was ordered to pay compensation to a council tenant who...
It is not uncommon for neighbours with a shared right of way to be in dispute.
That could be the result of an annoying neighbour parking vans on a shared route into a commercial estate, or someone storing items blocking the path leading to your residential home. When you challenge the relevant individual, the answer invariably comes back: “It is my right of way too.”
Rather than out of sight, out of mind, these disputes are almost always in sight and on your mind, because you may see your neighbour every day. It is therefore essential to obtain quick, effective legal advice on your options so that the situation does not escalate or continue.
If a neighbour is interfering with your right of way, the Court can generally award you one or more of the following remedies in a legal action known as “private nuisance.”
- An injunction forcing your neighbour to cease the relevant interference. If the neighbour breaches an injunction, they may have to pay a fine or could even go to prison.
- A declaration from the Court as to the extent of the right of way.
- Damages from the Court for any financial loss you have suffered as a result of the interference. This is especially essential for businesses who may suffer significant losses if they are unable to access their premises due to an interference with a right of way.
- The Court could grant you the power to lawfully remove an item blocking the right of way. This is a crucial remedy in circumstances where the relevant neighbour may not be engaging with the legal process.
However, in order for a private nuisance claim to succeed, you will need to demonstrate to the Court that the interference with your right of way is “substantial.” You will almost certainly need independent legal advice on whether your circumstances pass that threshold test.
If a neighbour or anyone else is interfering with your right of way, please don’t hesitate to contact our George Gwynn for an initial no obligation conversation on 0121 355 0011 or at George.Gwynn@belllax.com.
