Author Archive

Transparency and Overseas Beneficiaries

In April 2017 the UK government began a Consultation calling for evidence regarding the planned new register of beneficial ownership information for overseas legal entities. This is part of a broader push on transparency of ownership and follows the 2016 establishment of a central register of people that have significant control of UK companies (PSC Register). The planned new register is intended to be broader than the PSC Register and will require the registration of (a) new purchases of, or acquisitions of long leasehold interests in, UK property; or (b) any sale, long lease or mortgage of UK property already owned by an overseas entity. As with the PSC the intent is to make the job of enforcement agencies easier and to discourage criminals and the corrupt from choosing to hide or launder their money in the UK.

Proprietary Estoppel: Reliance and detriment revisited

As an interesting contrast to our previous blogpost, the recent High Court case of Habberfield v Habberfield [2018] EWHC 317 (Ch) has seen a successful “proprietary estoppel” claim. The facts are in many respects classic proprietary estoppel material. Proprietary estoppel prevents the “unconscionable” denial of an interest in property. Such an interest arises where a claimant (this being the rare case of an estoppel that can be used as a claim and not just a defence) proves that they have acted to their detriment in reliance on a promise by the owner that they would receive a share of the property.

The Duties and Responsibilities of the Owners of Animals

If you own pets, livestock, or other animals you may be liable for any damage they commit. If you keep any animal, you have a duty of care to prevent them from causing harm. If you fail to do so, you can be exposed to civil liability with anyone who has been harmed being able to take action against you for any loss or injury. This is consistent with wider tort law with you as the owner being liable reflecting the fact that making an animal a defendant is not exactly a viable option.

Intentions, promises, reliance, and capacity by Emile Yusupoff

The High Court has clarified matters relating to the legal concepts of proprietary estoppel and testamentary capacity in the case of James v James and others [2018] EWHC 43 (Ch). In short, proving that you are entitled to property on the basis of a promise and retrospectively showing that a will is invalid due to lack of capacity are both high hurdles

Pets provide vital care, court rules

We’ve all had noisy neighbours at some point in our life. Whether it’s the teenage son practising his drums or babies crying in the early hours, there are times when we’ve all had enough. But one noise complaint in particular has warmed our hearts at Bridge Law, as we remember that dogs are very much for life and not just for Christmas…

Christmas is Coming……

Before we know it the big day will be upon us. The family courts are busy as ever with parents making arrangements in relation to their children. At this time of year the conversations inevitably get around to who the children will spend Christmas with. It is a special day but fighting over that day will ruin it for the children. It is important for parents to plan in advance and try to reach an agreement. If sharing Christmas Day somehow works all well and good but more often than not it doesn’t. Children don’t want to be torn away from their new toys, their Christmas dinner or family parties. It is often seen as better for parents to alternate Christmas Eve through Christmas Day and Christmas Day evening through Boxing Day. In that way the children can enjoy two special days with each side of the family without being stuck in the middle and the whole spirit of Christmas being lost. For help regarding child arrangements or any other family law issues contact Carole-Anne Baker on 0161 427 0084   Carole-Anne Baker Consultant Family Solicitor