Second (non-) succession – Nearly Legal

Posted November 7th, 2016 in housing, landlord & tenant, local government, news, succession by sally

‘In Holley v Hillingdon LBC [2016] EWCA Civ 1052, Mr Holley was seeking to challenge the council’s decision to evict him and his brother from a three bedroom property that could sleep up to six persons, in which Mr Holley had lived for 32 years of his life and where he was suffering from a range of mental health problems, including anxiety, panic attacks and depression following his grandmother’s death in 2009. There had already been a statutory succession to Mr Holley’s grandfather, so Mr Holley was, “in the rather antiquated private law jargon”, a trespasser. The judge made a possession order on the basis that there were no seriously arguable defences under Articles 8 and 14.’

Full story

Nearly Legal, 1st November 2016

Source: www.nearlylegal.co.uk

Inheritance tax: a brief history of death duties – The Guardian

Posted April 12th, 2016 in housing, inheritance tax, news, succession, taxation by sally

‘Modern inheritance tax dates back to 1894 when the government introduced estate duty, a tax on the capital value of land, in a bid to raise money to pay off a £4m government deficit.’

Full story

The Guardian, 10th April 2016

Source: www.guardian.co.uk

Last chance for objections to Lucan’s son inheriting title – Daily Telegraph

Posted November 6th, 2015 in news, peerages & dignities, presumption of death orders, succession by tracey

‘Today is the deadline for any objections to the issuing of a death certificate for Lord Lucan, which would allow George Bingham, his son and heir, to become the 8th Earl.’

Full story

Daily Telegraph, 6th November 2015

Source: www.telegraph.co.uk

Khaira and others (Respondents) v. Shergill and others (Appellants) – Supreme Court

Posted June 13th, 2014 in law reports, Sikhism, succession, trusts by sally

Khaira and others (Respondents) v. Shergill and others (Appellants) [2014] UKSC 33 (YouTube)

Supreme Court, 11th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Harb v Prince Fahd Bin Abdul Aziz – WLR Daily

Posted June 13th, 2014 in law reports, state immunity, succession by sally

Harb v Prince Fahd Bin Abdul Aziz [2014] EWHC 1807 (Ch); [2014] WLR (D) 248

‘A former head of state, regardless of how he ceased to hold office, only enjoyed immunity from suit in respect of official acts during his tenure in post. Therefore, where a sovereign ceased to be head of state on his death, the immunity enjoyed by his estate did not extend to matters of a private nature.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk

Succession and Sharia – NearlyLegal

Posted June 3rd, 2014 in appeals, islamic law, landlord & tenant, married persons, news, succession by sally

‘From 1/8/1980 until his death on 19/11/2010, Mr Al-Faisal held a protected Rent Act tenancy of Flat 15, 1 Royal Avenue House, London, SW3. In 1987, Ms Al-Faisal married the Appellant, Ms Ouaha, in an Islamic marriage ceremony in London and the couple had two children in 1991 and 1994. Importantly for the purposes of this case, there was no civil ceremony.’

Full story

NearlyLegal, 1st June 2014

Source: www.nearlylegal.co.uk

Allocation, Allocation, Allocation – NearlyLegal

‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Robert Hazell: The Royal baby, the Rules of Succession, and the Realms – UK Constitutional Law Group

“In anticipation of the birth of the Royal baby, Parliament passed the Succession to the Crown Act in April 2013. It provides that in future the eldest child will be next in line of succession, whether it is a girl or a boy. The law will not come into force in time for the Royal birth, but the new baby when born will be next in line. This Blog post explains the background, and the difficulties involved in changing the rules of succession.”

Full story

UK Constitutional Law Group, 15th July 2013

Source: www.ukconstitutionallaw.org

Succession to the Crown Act 2013 – legislation.gov.uk

Full text of Act

Source: www.legislation.gov.uk

Law ending exclusively male royal succession now law – BBC News

“A bill which ends succession to the Crown based on gender has become law.”

Full story

BBC News, 25th April 2013

Source: www.bbc.co.uk

Day and another v Day – WLR Daily

Day and another v Day [2013] EWCA Civ 280; [2013] WLR (D) 129

“For the purposes of the doctrine of rectification in the case of a voluntary settlement it was the subjective intention of the settlor that was of relevance in determining whether the court should order rectification and an outward expression or objective communication of that intention was unnecessary in such a case.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Article 8 success in the County Court – NearlyLegal

Posted January 18th, 2013 in housing, human rights, news, proportionality, succession, time limits by tracey

“This was a failed succession case where an article 8 proportionality defence was, at least in part successful.”

Full story

NearlyLegal, 17th January 2013

Source: www.nearlylegal.co.uk/blog/

Request for information – NearlyLegal

Posted December 20th, 2012 in appeals, housing, human rights, local government, news, succession by tracey

“There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession…
Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore judgment on Lawtel].”

Full story

NearlyLegal, 19th December 2012

Source: www.nearlylegal.co.uk/blog/

The laws of succession: ‘Blood flows in women’s veins too’ – The Independent

Posted December 17th, 2012 in equality, news, peerages & dignities, royal family, sex discrimination, succession by sally

“Should the aristocracy follow the Royal Family and change the laws of succession?”

Full story

The Independent, 16th December 2012

Source: www.independent.co.uk

Royal succession bill published – BBC News

Posted December 14th, 2012 in bills, Crown, news, royal family, sex discrimination, succession by tracey

“A new law which will end discrimination against women in the line of succession
to the British throne has been published.”

Full story

BBC News, 13th December 2012

Source: www.bbc.co.uk

Consent given for change to royal succession rules – BBC New

Posted December 4th, 2012 in constitutional reform, news, royal family, sex discrimination, succession by sally

“All Commonwealth realms have agreed to press ahead with a bill ending discrimination against women in the succession to the British throne.”

Full story

BBC News, 4th December 2012

Source: www.bbc.co.uk

Supreme court urged to rule on Sikh leader’s claim he is a ‘holy saint’ – The Guardian

Posted November 12th, 2012 in admissibility, news, religious discrimination, Sikhism, succession, Supreme Court by sally

“The supreme court is considering whether it should rule on the spiritual status of a Sikh leader and examine his claim to be a ‘holy saint’.”

Full story

The Guardian, 11th November 2012

Source: www.guardian.co.uk

The Article 8 Toys Go Back in the Box – NearlyLegal

Posted November 9th, 2012 in housing, human rights, landlord & tenant, local government, news, succession by tracey

“The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts.”

Full story

NearlyLegal, 9th November 2012

Source: www.nearlylegal.co.uk/blog/

Survivorship and succession – Nearly-Legal

Posted September 11th, 2012 in housing, landlord & tenant, local government, news, repossession, succession by tracey

” Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years before. On the death of the mother, Ms Hickin sought to succeed to the tenancy under s.89 Housing Act 1985. Solihull served notice to quit on the basis that the father was now the sole tenant, by survivorship, but did not fulfil the residence requirement, so the tenancy was terminable by notice to quit and brought possession proceedings. In the Court of Appeal, Ms H argued, unsuccessfully, that s.89 overrode common law survivorship. The case then went to the Supreme Court, which was divided, finding against Ms H 3:2.”

Full story

Nearly-Legal, 11th September 2012

Source: www.nearlylegal.co.uk/blog/

Solihull Metropolitan Borough Council v Hickin – WLR Daily

Posted July 27th, 2012 in housing, landlord & tenant, law reports, married persons, succession by sally

Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39; [2012] WLR (D) 224

“Where one of two or more persons holding under a joint secure tenancy died, the tenancy vested in the survivor or survivors rather than vesting in a person qualified to succeed the deceased person pursuant to section 89 of the Housing Act 1985.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk