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Determined Not to Go Into a Care Home? Your Wishes Are Due Full Respect

Many frail and vulnerable people have an antipathy to institutional care and wish for nothing more than to stay in their own homes. That may not always be feasible but, as a Court of Protection ruling showed, judges pay the greatest respect to their freedom...

Medical Treatment - Discerning the Wishes of Those Who Can't Express Them

Family judges are often called upon to make agonising decisions concerning medical treatment of those who have lost the ability to express their own choices. However, as one case showed, they bend every sinew to discern what their wishes might be and to...

Relationship Ended in Acrimony? A Defamation Claim May Not Be the Answer

The acrimonious end of intimate relationships is sadly often marked by the making of wounding accusations. However, as a High Court case made plain , anyone involved in such personal disputes should think long and hard before resorting to defamation...

Provisional Damages in Asbestos Claims - High Court Breaks Fresh Legal Ground

Those in the early stages of asbestos-related illness often receive an initial award of damages on the basis that they can seek further compensation in the event that their condition deteriorates. In a ruling which broke new legal ground , the High Court...

Alternative Investments May Be Tempting But Professional Advice is Always Needed

Alternative investments may offer attractive rates of return, but they should never be entered into without professional advice. A High Court case concerning numerous small investors who staked their life savings on the success of an ill-fated hotel...

Make a Lasting Power of Attorney While You Still Have the Capacity to Do So

Lasting powers of attorney (LPAs) enable thousands of vulnerable people to have their financial and other affairs managed by others whom they trust. However, as a High Court case showed , it is vital to remember that they can only be granted by those who...

Defamation - Anonymous Bloggers Are Not Beyond the Reach of the Law

Vindictive bloggers who hide behind a cloak of anonymity may feel that they can use the internet to subject innocent people to abuse with complete impunity. However, in coming to the aid of an academic falsely accused of being a sexual predator, the High...

Lending Money? It Pays to Invest in a Professionally Drafted Agreement

When lending money to friends, acquaintances or anyone else, the terms on which sums are advanced may be entirely clear to you in your own mind. However, as a High Court ruling showed , the absence of a professionally drafted loan agreement is a positive...

Lending Money to a Friend, No Matter How Trusted, Carries Serious Risks

No matter how much you respect and trust your friends, lending them money can be fraught with risk and should never be done without first taking professional advice. A case on point concerned a couple who lent £210,000 to a neighbour to help him fund...

Wife Sees Off Bankruptcy Trustees' Attempt to Sell Off Her Home

When people dispose of assets shortly before having themselves declared bankrupt, it is inevitable that eyebrows will often be raised. However, as a judge's ruling showed, it is one thing to allege an improper motive and quite another to prove it. The case...
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