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The Way to Reduce Property Fighting is to Put it in Writing

I am often taken aback by the amount of instructions I receive from owners of property who have current problems where they own a property jointly with either a family member or cohabitee. Circumstances have changed over the years and they have often fallen out with the cohabitee or family member and, for example, when [...]

To Resolve or Mediate your Dispute or Not?

Now that we have got over GDPR and life can return to ‘normal’ I thought I’d deal with the subject of whether to mediate a dispute, or not, which is becoming increasingly important in litigation disputes. As a qualified mediator, I am sometimes asked by potential clients if I can mediate a case for them. [...]

Hot Legal Topics in Property Law

There are several “hot” topics affecting property law being discussed nowadays and I hope the following article will give you an insight into some of the matters affecting our clients that we deal with on a daily basis. Stamp Duty It is quite surprising when I look back at property prices that the current surcharge [...]

Top Tips for a Successful House/Flat Property Purchase

Spring is now upon us and we just have come through the end of the cold winter and peoples’ thoughts are turning to their property purchase in the new season. We thought that we would bring together some top tips based on our experiences of acting for clients in the property market for over 19 [...]

An Old Case involving a Will that Stands the Test of Time

In a recent case of James v James and others, High Court Judge HHJ Paul Mathews was concerned with issues of testamentary (ability to understand a will) capacity where a Will was being challenged and the test for capacity was defined in the Mental Capacity Act 2005. In general where a Testator (a person who [...]

Why do Disputes Happen?

Over the years, Saul Marine & Co has handled a number of disputes in a variety of courts and at a variety of levels. Sometimes small amounts were involved and sometimes there are larger amounts and often litigation happens on points of principle. Looking at some of the cases that we have conducted, I would [...]

Property Fraud does NOT Pay

The August holidays are now over and slowly the courts are getting busier with interesting cases for the new season, including those involving property fraud. We are always interested in reporting new and interesting cases. One property fraud case that caught my attention was a case called Farakh Rashid (F) v Mohamemd Rashid (M) which [...]

With Commercial Property who Owns What Share when Partners Fall Out

What is the position when partners jointly purchase commercial property as an investment and then fallout. How do you determine their ownership of the property? Property is owned legally as well as beneficially. Legal interest in the commercial property may be different to the beneficial interest in the property. For example the legal owners can [...]

Shareholder Agreement – a Necessity

The importance of having a well-prepared shareholder agreement can’t be overstated. In practice, I have come across many situations where my client and another investor have set up a business only to find that after some months one of the investor ceases to participate and then the non-interested investor seeks to claim a return on [...]

DISPUTE RESOLUTION

Can an adult child be disinherited? The Supreme Court has final say. Last year, in a previous newsletter, I reported on the Court of Appeal decision in Ilott v Mitson in a case involving dispute resolution. On 15th March 2017, the Supreme Court in an appeal before it from the Court of Appeal allowed the [...]