Will Ruling

A recent landmark case saw the Court of Appeal award over £160,000 to a daughter who had been left nothing in her mother’s Will. This means that adult children who have been left out of Wills may find it easier to challenge them if they have not been left a reasonable financial provision. Whilst the […]

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Court of Appeal says that people without mental capacity must be involved in legal proceedings concerning their liberty

Before the judgment the Court of Protection had introduced streamlined procedures which effectively prevented people without mental capacity from being represented at hearings concerning their liberty.  This process is now no longer lawful. People who are unable to make decisions for themselves because they lack mental capacity should always be directly involved in Court hearings […]

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Court of Appeal gives green light to Data Protection Act claims for distress even where there is no actual financial loss

For the first time, the Court of Appeal, in a recent landmark judgment in Vidal-Hall v Google Inc. (2015 EWCACIV311) has allowed a claim for compensation for distress and anxiety caused by the loss of personal data.  Up until this decision claims for distress and anxiety had to be accompanied by proof of financial loss.  […]

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