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Author Archive: Alice Darch

Landmark court case over Widowed Parent's Allowance.

Posted by on September 6th 2018 in Blog Posts

Landmark court case over Widowed Parent's Allowance.

In the matter of an application by Siobhan McLaughlin for Judicial Review (NI) [2018] UKSC 48

On the 30th August 2018 the Supreme Court allowed Ms McLaughlin’s appeal determining that certain requirements of the Widowed Parent’s Allowance (Northern Ireland) was discriminatory and breached the European Convention on Human Rights (“ECHR”).

Facts

Ms McLaughlin’s partner passed away in January 2014. They had lived together for 23 years and had four children. The Northern Ireland Department of Communities rejected Ms McLaughlin’s claims for Widowed Parent’s Allowance (WPA) because they were not married.  Ms McLaughlin subsequently applied for a judicial review of the...

An NHS Trust and Others

Posted by on August 3rd 2018 in Private Client

An NHS Trust and Others

An NHS Trust and others (Respondents) v  Y (by his litigation friend, the Official Solicitor) and another (Appellants)

The Supreme Court has confirmed that there is no mandatory requirement for a court to hear an application, to decide upon the best interest of every patient with profound cognitive and physical disabilities, before their clinically assisted nutrition and hydration can be withdrawn.

The Facts of the Case

Mr Y suffered a cardiac arrest in 2017 and never regained consciousness. He required CANH (clinically assisted nutrition and hydration) to keep him alive. A doctor concluded he had PDOC (prolonged disorder of consciousness) and...

Ashburton Legal Surgery

Posted by on February 15th 2018 in Blog Posts

Kitsons Solicitors offer a free monthly half hour legal surgery for the residents of Ashburton on Wills, Estate and Tax planning issues / Probate and Lasting Powers of Attorney.

However, the two most important areas we come across on a daily basis are Wills and Powers of Attorney.

So why should you make a Will?

Your wishes – it is your opportunity to set out how you want your assets to be distributed when you die and whom you want to deal with those assets for you (your Executors).

Tax planning – your Will...

Parental Bereavement (Pay and Leave) Bill

Posted by on October 27th 2017 in Blog Posts, Employment

Parental Bereavement (Pay and Leave) Bill

The Parental Bereavement (Pay and Leave) Bill was published on the 13th October 2017 with its second reading having taken place on the 20th October 2017.  The Bill follows on from the Parental Bereavement Leave (Statutory Entitlement) Bill from 2016-17 which was sponsored by Will Quince MP but failed to progress before the General Election.

The Bill is a Private Members’ Bill having been introduced by MP Kevin Hollindrake. The Government has backed this Bill and the Conservative Governments Manifesto prior to the 2017 General Election included a new entitlement for parental bereavement leave. The Bill therefore has a strong chance...

New CNG Form For Land Registry

Posted by on October 4th 2017 in Blog Posts, Property

New CNG Form For Land Registry

The Land Registry has introduced a form (form CNG) to enable the registered proprietor of a property to update their name on the register following a change of gender. There is no cost for making the application however the form must be accompanied by some form of evidence – a gender recognition certificate, new birth certificate or a UK medical practitioner’s letter. If the proprietors chosen evidence is the practitioner’s letter then it must confirm that they have lived in their new gender for two years and are now known as the name specified on the form.   There are procedural...

Can a Judgment be delivered by way of a letter to a child?

Posted by on August 30th 2017 in Blog Posts, Family

Can a Judgment be delivered by way of a letter to a child?

In Re A (Letter to a Young Person) (Rev 1) [2017] EWFC 48, a 14 year old child instructed his own solicitor and made an application to relocate to Scandinavia with his father. In the alternative he applied for more contact with his father and if his father relocated without him then he wished for some clarity regarding the contact arrangements. He was considered competent to make the application himself but his father subsequently proceeded with the application.

There were legal arguments over whether the child would give oral evidence – he and his father wanted him to do so; the...

Who Owns What?

Posted by on August 24th 2017 in Property

Legal ownership is relatively easy to establish. What do the deeds say? What is more difficult to discover is what trust interests exist and what duties the legal owners may owe to others.

Determining who owns a beneficial interest in property can be done by identifying an express (or resulting trust), an implied (or constructive trust) or what is known as proprietary estoppel. There are numerous cases where the issue of beneficial interest has been discussed in a domestic context where the parties’ intentions are considered. These commonly deal with where the property has been purchased by a couple with the...

The Defective Premises Act 1972 in Practice

Posted by on August 23rd 2017 in Blog Posts, Property

The Defective Premises Act 1972 in Practice

The Defective Premises Act 1972 (“the 1972 Act”) charges landlords with a duty of care to anyone who it might be reasonable to expect would be affected by defects in the state of its premises.  The duty applies if the tenancy imposes an obligation on the landlord to maintain and repair the premises or if the tenancy reserves the landlord the right to enter the premises to carry out repair. 

In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the tenant’s visitor, Mr Dodd, fell down the stairs from the first floor flat to the ground floor. He...

Preventing the Sale of Marital Property on Divorce

Posted by on July 28th 2017 in Blog Posts, Family, Litigation, Property

S39(1) Senior Courts Act 1981 (“the Act”) allows the Court to make an order requiring a person to execute a conveyance, contract or document. If that person fails to execute such documents then a person nominated by the Court can sign on behalf of that person if they neglect or refuse to comply with the order or they cannot be found.

In the case of Welch v Welch [2017] Mr Welch obtained an order  which required his wife to sign the Conveyancing documentation in the sale of their property (a property in which Mrs Welch only held a 1% beneficial ownership). Despite the...

Notice to Quit: The Devil Really is in the Detail

Posted by on July 3rd 2017 in Blog Posts, Conveyancing

Notice to Quit: The Devil Really is in the Detail

The first few pages of a properly drafted lease should identify the address of the parties, and include express provision for the service and deemed service of notices, including where notices must be served.  One would imagine in a lease that did not contain express words to the contrary, that it would not be unreasonable to use the addresses detailed in the lease to contact the parties.  What address however should be used if you do know of an alternative address?  This was the question that faced the Court of Appeal in  Grimes v The Trustees of the Essex Farmers...

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