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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 [...]

To make a Will is very important

It is a fairly established fact that many members of the general public do not make a Will and one in three people die currently in the United Kingdom without making a Will. To make a Will is not just relevant for a more elderly person, as dying without a Will can affect your beneficiaries [...]

Where is my Legal Boundary in relation to Property?

Where is the Legal Boundary? There is often a misunderstanding in homeowners’ minds as to where the legal boundary is between themselves and their neighbour. Many homeowners consider that their deeds or deeds’ plans can determine where the boundary line is or failing that the Land Registry title plan. The position is not as clear [...]

Litigate or engage in Mediation Services?

Although your first thought is litigation, why should you consider one of the many types of mediation services that are available? In the case of Laporte v Commissioner of Police (2015 ) EWHC 371, the Claimant lost in a claim against the Defendant but nevertheless claimed that the Defendant should not be awarded costs because [...]

Land Ownership – is possession 9/10 of the law ?

In the area of land ownership, over the last few months, we have dealt with at least two cases of situations where our clients have taken possession of a piece of land without the consent of the owner of that land. They have either incorporated the land as their own or treated it as their [...]

The Legal Impact of Brexit on the Buy to Let market.

What impact will Brexit have on the property market and buy to let market? The government is slowly working out how to react to the Brexit vote. There has already been a significant impact to the commercial property market due to the volatile financial and economic conditions triggered by the decision to leave the EU. [...]

Hallmark Judgement for Buy to Let Landlords

In June 2016, The Court of Appeal in a group action by buy to let landlords, headed by Mark Alexander (Borrowers) against West Bromwich Mortgage Company (Lender) held that the group are entitled to a refund of mortgage overpayments. The dispute arose as a result of an inconsistency between the mortgage offer granted by the [...]

Family Law – Can an Adult Child be Disinherited?

Last year in a case on family law, Ilott v Mitson, the Court of Appeal held that the late Mrs Jackson was not entitled to disinherit her adult daughter and leave the bulk of her Estate to charity.  The case attracted much publicity. The Court of Appeal held that Mrs Ilott was entitled to approximately [...]

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