Legal Update - Winter 2011

 

 

 

 

 

 

  
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Kingsley Smith Solicitors Update
In this issue:
Planning Reversals Based on Facts - Court Backs Narrow View
Poor Plan on Conveyance - Court of Appeal Rules
Resignation or Dismissal? - Findings of Fact
Why You Should Make a Will
Mistakes in Probate Applications
Quote of the Month - January 2011
 
 

Sunflowers

Welcome to the latest edition of our newsletter, keeping you up to date courtesy of a round up of news from the legal world and topical, useful advice.  We hope you find something of interest here and if you would like to make any suggestions for future newsletters, please do let me know.

It’s not often the court in which a case was heard is judged to have got the facts wrong, but that is the subject of one of our articles in this issue.  There’s also an update on employment tribunals, why you should have a will and a guide on how to avoid mistakes in probate applications.

It is not often that decisions are quashed on the basis that the court in which a case was heard got the facts wrong, but a recent planning case shows that it can occur. The case concerned a planning application which related to two...

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A poorly-drafted plan and a refusal to compromise have led to an argument over the boundary between two rural properties reaching the Court of Appeal . The argument between the owners of adjacent land arose because there was a brook and...

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FiredIn a recent case, the Employment Appeals Tribunal dismissed an appeal from a Mr Hussey on the grounds that the original Employment Tribunal decision had found as fact that he had not been unfairly dismissed from his job. It is not the job of the EAT to retry facts in any case; it is only there to identify legal flaws in the original decision. Re-examining the issues of fact will not be taken up by the EAT, which is why it is important that you seek professional legal advice when faced with any redundancy or disciplinary dismissal matter. Read the background to this case on our website.

 

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Earlier this year, YouGov carried out a poll on behalf of children’s charity Barnardo’s . The results indicate that 58 per cent of adults in the UK, and 74 per cent of those who are cohabiting, do not currently have a will in place. ...

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The Court Service has revised its guidance on making an application for probate, in order to take into account the most common errors made. The guidance has been published by HM Revenue and Customs on page 6 of the June 2010 Inheritance...

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"He who fails to plan is planning to fail."

Winston Churchill (1874 – 1965) – British Prime Minister, Nobel Prize winner and the first honorary citizen of the United States.

 

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