Covenants Over Land: The Thin Edge Of The Wedge

August 6th 2024 | dispute resolution
The recent case of Patel and others v Spender and others (2024 UKUT 62 LC) provides an interesting insight into what the Upper Tribunal does and does not consider to be a practical benefit of substantial value or advantage when considering whether to modify a restrictive covenant over land. Here, read more...

Detriment: The Things You Never Had

July 23rd 2024 | dispute resolution
In this blog we take a look at the Court of Appeal decision of Winter v Winter for a consideration of what is meant by ‘detriment’ when considering a claim for proprietary estoppel. You can see our blog on proprietary estoppel claims generally here .   This case involved three read more...

Covenants over Land: Modification for Permitted Development

April 30th 2024 | dispute resolution
In Doherty v Pashkin (2023) , the applicants were successful in their case to discharge or modify a covenant which burdened 4 Kerr Field Place, London SE5 8SX. The covenant prevented any alteration to the exterior appearance of the building and the construction of additional buildings. In this case, there read more...

I Ain't Saying She A Gold Digger: A Guide to Predatory Marriage

April 25th 2024 | contested probate
It's not often I quote Kanye (not after what he did to Taylor Swift) but as predatory marriage cases become increasingly prevalent, it seems appropriate.  It isn’t that predatory marriage hasn’t existed for a long time – it has – but with the increasing number of contentious probate claims, it read more...

Should I Get More Inheritance Because I Cared For My Parents?

April 17th 2024 | contested probate
It is not uncommon that when I am instructed in relation to a contested probate claim, particularly in cases where the parties are siblings, that the question of care might arise.  Often this is a highly emotive topic where one sibling feels they did more than their ‘fair share’ of read more...

1975 Act Claims: Cohabitees and Short Marriages

March 19th 2024 | contested probate
In our series of article about 1975 Act claims, we have already considered the position of both adult and minor children of the deceased.  The other most common claimants in 1975 Act claims are cohabitees and spouses.  The position of a long term spouse is generally clear: they are entitled read more...

Covenants Over Land: Abuse Of Process?

February 22nd 2024 | dispute resolution
In this article I examine a decision of the Upper Tribunal Lands Chamber where it was argued that the Application should be refused as an abuse of process, and that the Court had already decided the matter ( res judicata ). We’re looking at the case of Housing Solutions v read more...

Covenants Over Land: Are My Covenants Obsolete?

January 11th 2024 | dispute resolution
One of the questions asked of the Upper Tribunal Lands Chamber in Great Jackson Street Estates Ltd v. Manchester City Council (2023) UKUT 189 (LC) was whether covenants should be modified or discharged on the basis that they were obsolete. The decision of the panel of the Tribunal is helpful read more...

Farming Families and Estoppel Claims

November 16th 2023 | dispute resolution
What is estoppel? Proprietary estoppel sounds very complex and ‘legal’.  In summary, proprietary estoppel is a concept which provides rights in land to a person (let’s call then “A”) which A was led to believe by another (“B”) that they had such rights, and it would be unjust to deprive read more...

Cancel Culture: When is a Will Revoked?

November 7th 2023 | contested probate
What is revoking a will? Cancelling or revoking a will is a common practice.  Most people will make several wills in their lifetime to reflect their changing wishes as their circumstances and assets change or perhaps to reflect updates to the relevant tax regime.  It is almost always prudent to read more...

Forfeiture Of A Commercial Lease - Part 1: Guide For Landlords

October 18th 2023 | landlord and tenant
This blog takes a look at what forfeiture is and what a landlord of commercial property can do when certain terms of the lease are breached. In Part 2, we take a look at forfeiture from a commercial tenant's perspective. Common law right to enter and change locks Historically, where read more...

How To Make Litigation Cheaper

September 26th 2023 | dispute resolution
Litigation is expensive. There was no getting away from that. As lawyers, it is our job to conduct litigation in accordance with the overriding objective under the Civil Procedure Rules. This includes an obligation to conduct litigation reasonably and at a cost which is proportionate to the issues in dispute read more...

What Could Make Mediation More Attractive?

August 2nd 2023 | mediation
In this article I set out my case for mediation becoming increasingly attractive as of October 2023. Read on to find out why. For those unfamiliar with mediation is a process, find an explanation here . There are so many reasons to attempt mediation. Litigation is a slow, expensive, and read more...

HOT OFF THE PRESS: Attendance at trials and CPR 27

May 2nd 2023 | dispute resolution
Does a Claimant who is not at a hearing, but is represented, “attend” that hearing or not? The Court of Appeal handed down judgment in Owen v Black Horse Limited on 24 March 2023. This is an important case for its impact on attending trials, as it answers the above read more...

Can We Fix It? Rectifying Mistakes In Wills

April 27th 2023 | contested probate
It is a fact of life that mistakes happen.  However some mistakes are bigger than others and mistakes made by professionals drafting wills can have disastrous consequences.  Sometimes, the only solution is a claim in negligence but on occasion mistakes in wills can be fixed. Mistakes discovered during your lifetime read more...

When Is A Will Invalid?

April 20th 2023 | contested probate
In England and Wales the general rule is that you are free to decide how you would like your estate to be distributed after your death, and you can direct that distribution by making a will.  However, when making a will (and after) there are some formalities which need to read more...

Can You Inherit The Estate Of Someone You Have Murdered?

January 25th 2023 | contested probate
In England and Wales the general rule is that your estate will go to whoever you wish if you have written a will or will pass under the terms of the Intestacy Act if you have not prepared a will. However there are exceptions to this. One of those exceptions read more...

Is A Breach of Executors' Obligations A Crime?

December 12th 2022 | contested probate
I, for one, love a Daily Mail sensationalist headline, but as a lawyer often find the reporting of legal matters can seem misleading.  The recent article entitled “Brother and sister have their uncle JAILED for failing to hand over the £237,500 left to them in their grandmother's will” is a read more...

Whoops! My Property Professional Made a Mistake

October 3rd 2022 | dispute resolution
Whether you are buying your own home, doing a renovation, a property developer or commercial landlord, or at some stage you are likely to use a property professional. This includes architects, surveyors, conveyancing solicitors, planners, agents, valuers, and many more. But what happens if a professional makes a mistake, causing read more...

How Can I Contest A Will?

September 27th 2022 | contested probate
It is an unfortunate fact of life that a person’s death can often lead to disputes over their estate, and there are a number of challenges which might be made to a will.  From the extreme example of a forged, doctored, or fraudulent will, to one which is improperly signed, read more...

What is TOLATA and how can it help me?

June 7th 2022 | dispute resolution
Right, first let’s get legal terminology out of the way: TOLATA  or TLATA is an abbreviation of the Trusts of Land and Appointment of Trustees Act 1996. But what is TOLATA, and how can it help me? The Land Registration Act 1925 (LRA 1925) introduced a scheme of land registration read more...

A DIY Guide to Litigation

February 10th 2022 | dispute resolution
Whatever you think of lawyers, we do have a purpose and can guide you through the pitfalls of the facts, law, procedure and strategy to, hopefully, a good outcome when you have a dispute. But the fact of the matter is that many people simply cannot afford solicitors and barristers read more...

Is a Counter Notice for Leasehold Extension Validly Sent by Email?

February 4th 2022 | landlord and tenant
The right of tenants of long-leasehold property to extend their leases is a matter of great importance. Getting it wrong, or not applying the rules, can have grave consequences for landlords and tenants. It follows that research on getting your claim and notices served correctly is worthwhile. Under Section 99 read more...

An Idiot’s Guide to Part 36

November 22nd 2021 | dispute resolution
If there is one thorny issue which pervades all of civil litigation, it is this: the recovery of legal costs. Other than in multi-£billion litigation, the subject of legal costs - who pays them and how much - is something that needs to be properly considered before and during the read more...

5 Things they do not teach you at Law School

September 22nd 2021 | dispute resolution
If you’re an aspiring lawyer or simply wonder what the difference between studying the law and practice, I’ve compiled a list of things that only working in the real world of law can prepare you for! Here are 5 things that I have learnt on the job or in the read more...

How Can Residents Protect their Local Area from Development?

May 20th 2021 | dispute resolution
One way to protect an area of land from development is to register it as a town or village green, if you can meet certain criteria. Land that has been given ‘green’ status is protected from development and local residents are given the right to use it for recreational purposes. read more...

“All I want for Christmas is a New Trustee” – Part 1: How To Remove Executors and Trustees – the Court’s powers

December 21st 2020 | contested probate
Executors or personal representatives of a deceased person’s estate are responsible for settling debts of the estate, calling in any loans, realising any property or shares, paying tax and paying distributions to the beneficiaries. They have all sorts of duties to look after the estate as trustees, administer it promptly, read more...

5 Reasons You Should Consider Online Dispute Resolution (ODR)

October 22nd 2020 | dispute resolution
Everyone that knows me also knows that I am a huge fan of mediation as one of the Alternative Dispute Resolution methods. Being both a people and "outdoorsy" person, I believe mediation provides a great context to see and hear what the issues are and set about resolving them through read more...

Inheritance Act Claims: Good News on the Price of Success

July 1st 2020 | dispute resolution
A recent High Court case has opened the door to Claimants in Inheritance Act claims recovering the additional ‘success fees’, where these were previously non-recoverable in most litigation since 2013. Those wishing to contest the probate of an estate, or to claim financial provision under the Inheritance Act 1975 (the read more...

Friends with Benefits: Inheritance Dispute Update

May 13th 2020 | contested probate
Firstly, I should say that this case law update isn’t quite as racy as the title suggests. Promises as to who is to inherit farmland are usually amongst family: "One day, son, all of this will be yours" - you get the idea.  But the High Court has recently seen read more...

Unlocking Restrictive Covenants

February 10th 2020 | dispute resolution
Whether you are a homeowner with the benefit of a covenant, want to do a deal for the release of a covenant, or want to challenge a covenant to permit a change of development of land, our property dispute specialists at Allan Janes can help. What are Restrictive covenants? Restrictive read more...

Trusts Affecting Property: Who Owns What?

January 22nd 2020 | dispute resolution
One might be forgiven for thinking that the owner of property is the person named on the deeds or named as proprietor at the Land Registry. There are however a number of ways in which it is possible to establish a beneficial ownership of property. Beneficial ownership is a right read more...
Load More