Capita Data Breach: Key Data Protection Lessons for Businesses

Data protection is often seen as an IT issue, but the recent reports concerning Capita and the Civil Service Pension Scheme show that it is also a serious legal, commercial and reputational risk. A recent Capita data breach occurred when users of a pension portal were able to access personally identifiable data belonging to other scheme members. The portal was shut down while the issue was investigated.

Although this appears to have affected a much smaller number of people than a major cyberattack, it is still a serious incident because personal data was accessed by people who should not have been able to see it. Capita is now fighting to retain its £239 million contract with the Cabinet Office administering hundreds of thousands of pensions.

Written by Peggy Lim, Solicitor

This is not the first time Capita has faced scrutiny over data protection. In 2023, Capita suffered a major cyberattack in which millions of people’s personal information was compromised. The data involved included names, dates of birth, National Insurance numbers as well as financial/bank details. The Information Commissioner’s Office (ICO) later fined Capita and Capita Pension Solutions a combined £14 million.

For business owners, the message is simple: a data breach does not only happen when there is a hacker. It can also happen because of a system error, weak access controls, poor testing, human error or a third-party supplier mishandling personal data.

What counts as a data breach?

Under the UK GDPR, a personal data breach can include accidental or unlawful loss, destruction, alteration, disclosure of, or access to, personal data.

This means a breach may happen where an email is sent to the wrong person, customer details are exposed on an online portal, an employee accesses information they should not see, a device is lost, or a software update accidentally gives users access to other people’s data.

The Capita example is a useful reminder that even a “technical glitch” can become a legal issue if it allows unauthorised access to personal data.

Why should businesses take this seriously?

Most businesses collect and use personal data every day. This may include customer names, addresses, telephone numbers, email addresses, payment details, employee records, payroll information, identity documents and supplier contact details.

If that data is mishandled, the business may face an investigation by the ICO, complaints from customers or employees, compensation claims, loss of customer trust, reputational damage, breach of contract claims or even loss of important contracts.

For serious breaches, the ICO can issue substantial fines. However, the financial penalty is often only one part of the problem. Businesses may also need to spend time and money investigating what happened, notifying affected individuals, dealing with complaints, reviewing systems, taking legal advice and rebuilding trust.

Outsourcing and data protection

The Capita example is also a reminder that data protection must be considered carefully when a business outsources work to a third party.

Many outsourcing arrangements involve the sharing or transfer of personal data. This may happen when a business appoints an external IT provider, payroll company, HR consultant, accountant, marketing agency, call centre, logistics provider, cloud software provider or pension administrator.

Before entering into an outsourcing agreement, businesses should consider what personal data will be shared, why it is being shared, whether the supplier is acting as a processor or controller, where the data will be stored, whether any data will be transferred outside the UK and what security measures the supplier has in place.

A written agreement should also deal properly with data protection. This should include obligations on confidentiality, data security, breach notification, use of sub-contractors, return or deletion of data, audit rights and cooperation if individuals exercise their data rights.

Simply passing work to a third party does not remove the business’s own responsibility. If a supplier mishandles personal data, the business may still face regulatory, contractual and reputational consequences.

What should businesses do now?

Businesses should not wait until a breach happens before taking action. A practical data protection compliance programme should include a data audit, clear privacy notices, internal policies, staff training, supplier checks, access controls and a breach response plan.

Access to personal data should be limited to staff who genuinely need it. Permissions should be reviewed regularly, especially when employees leave or change roles. Businesses should also review contracts with suppliers to make sure that data protection responsibilities are clear.

How can we help?

We can assist businesses with both day-to-day data protection compliance and specific commercial arrangements involving personal data.

We can help businesses review what personal data they hold, identify legal risks, prepare or update privacy notices, draft internal data protection policies, review data retention procedures and advise on breach response obligations.

We can also assist with outsourcing agreements and commercial contracts where personal data is being shared or transferred. This includes advising whether the parties are acting as controllers, processors or joint controllers, drafting data protection clauses, reviewing data processing agreements, advising on international data transfers and ensuring that the contract properly deals with security, breach notification, sub-contracting and liability.

Where a business has already suffered a data incident, we can advise on whether the ICO or affected individuals need to be notified, assist with internal investigation records, prepare communications, review contractual exposure and advise on steps to reduce further risk.

Final thoughts

The Capita data breach incidents show that data protection failures can quickly move beyond the IT department and become a board-level issue. A system error, weak contract, poor supplier oversight or delayed breach response can lead to regulatory attention, customer complaints, contractual problems and reputational damage.

For businesses, the safest approach is to treat personal data as both a valuable business asset and a legal responsibility. Proper contracts, policies, training, supplier checks and breach planning are far less costly than trying to repair the damage after a breach has already occurred.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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Change of Conditions – Applications Drop Sharply in Early 2026

The latest figures from The Unity Project on Home Office change of conditions (CoC) data for the first quarter of 2026 show a clear downward trend. Just 702 applications were submitted, the lowest number in any quarter since Q3 2017 and a 33% fall compared with the same period last year.

The Home Office actually made more decisions than new applications during this time (1,038 decisions), which has helped bring the backlog down. At the end of the quarter, 447 applications were still waiting to be decided. The average processing time was reported at 34 days, but past patterns suggest the real figure is likely higher once all cases from previous quarters are finalised. The acceptance rate currently sits at 72%, although this will probably drop a bit as the remaining applications are processed.

Most applications came from people aged 31 to 50, with a noticeable increase in those over 50 applying.

Written by Mahfuz Ahmed, Immigration Supervisor

What exactly is a change of conditions application?

In simple terms, a CoC application is a request to the Home Office to remove the “No Recourse to Public Funds” (NRPF) restriction from your visa. Many people granted leave on family or private life routes, or those with BN(O) visas, receive their permission with this condition attached, which blocks access to most benefits and public support.

If approved, it allows you to apply for essential support such as Universal Credit, housing help, Child Benefit and other welfare provisions when your circumstances have changed and you are struggling financially.

From what I see in practice, these applications are often needed after a relationship ends, someone loses their job, health problems arise, or caring responsibilities increase.

Our analysis

I think this drop is actually quite positive. It suggests that fewer people with limited leave are reaching the point where they need to rely on state support. Many appear to be managing through work and other independent means, which points to better self-reliance and integration.

That said, the numbers don’t tell the whole story. Some people may be suffering in silence or simply unaware that they can apply. The Home Office’s ongoing data revisions, linked to their switch to the ATLAS system, also remind us how important it is to treat official statistics with some caution.

Who can apply?

You are generally eligible if you have limited leave under family or private life rules (including 10-year routes) or hold a BN(O) visa, and your financial situation has worsened significantly since your visa was granted. You’ll need to show evidence of destitution or the risk of it, or strong reasons relating to your children’s welfare.

How we can help you

Preparing a CoC application properly is important. Good supporting evidence and a clear explanation of your situation can make all the difference to the outcome.

We regularly help clients put together strong applications and guide them through the process. Whether you need full support or just practical advice on what to include, we can assist.

If you are facing financial difficulties and think you might qualify, please reach out. Getting the right advice early can ease a lot of stress and help secure the support you need.

Feel free to contact us for a confidential conversation about your situation. We’re here to help.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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BIOT v HMRC: Second VAT Appeal Allowed After Procedural Strike-Out

This is a First-tier Tribunal case. The key dispute was whether HMRC could stop the British Institute of Technology Ltd (BIOT) from bringing a second appeal before the Tribunal while an earlier appeal had already been struck out.

Written by Yitong Guo, Senior Associate Solicitor

Background

The claim centred around an underlying VAT dispute. The Appellant company, BIOT, claimed input VAT connected with a building purchase. HMRC’s position was that the building was not bought by BIOT but was bought by its director personally.

Notably, BIOT previously appealed a related VAT assessment.

However, the earlier case never reached a full hearing on the facts. The appeal was struck out due to BIOT’s failure comply with an unless order. Therefore, the previous appeal ended procedurally. The facts were never heard, and the underlying dispute was not resolved.

Legal Issues

HMRC argued in the new case, that BIOT had a chance at first appeal, and that was struck out. Given that, it should not be allowed to start again on effectively the same dispute by way of abuse of process.

The Tribunal considered on this point extensively in respect to the conduct in the case if court procedures had been used unfairly, repetitively or in a way that undermines finality.

We note that the Tribunal had distinguished between the court’s substantive decision and a procedural strike-out.

Conclusion and our thoughts

The Tribunal concluded that the earlier BIOT appeal ended only for procedural reasons, and that the actual VAT issue was never decided.

The Tribunal further disagreed with HMRC’s argument that the new appeal had no reasonable prospect of success. The Tribunal, without stating BIOT will win, stated that the Appellant’s argument is arguable and that it deserves a proper hearing. Therefore, the appeal was not entirely hopeless. The struck-out application had failed.

Under UK VAT rules, input VAT is normally recoverable only by the person who received the supply. So, if the director bought the property in his own name, BIOT would usually not be entitled to reclaim the VAT.

However, the Tribunal said BIOT’s case was still arguable because there may be evidence that: the director acted for or on behalf of BIOT; BIOT paid for or funded the purchase; BIOT treated the property as its asset; or the economic reality may differ from the legal paperwork.

This is a good example of the principle: access to justice and deciding matters on their merits. No one should lose a case without ever having the real issue heard, unless there is a clear legal reason.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

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James Cook

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New Opportunities for Scale-ups and Overseas Businesses Under Latest UK Immigration Initiatives

The UK Government has announced a new package of measures designed to support high-growth businesses in establishing, expanding, and retaining operations in the UK. The initiative includes a visa fee reimbursement scheme for qualifying scale-up businesses and a fast-track sponsor licence referral process for certain overseas companies seeking to expand into the UK.

Written by Angel Wan, Solicitor

Visa Fees Reimbursement Scheme for Scale Ups (VFRS4SU)

The new scheme is intended to help businesses in the Clean Energy, Life Sciences, and Digital and Technology sectors attract international talent. Under the scheme, eligible employers can claim reimbursement of visa application fees incurred by workers and their dependants under the Skilled Worker, Scale-up, and Global Talent routes. Businesses may recover up to £25,000 per year, subject to a cap of £5,000 per individual hire. The scheme is available from 9 June 2026 until 1 March 2027, with funding allocated on a first-come, first-served basis.

To qualify, businesses must satisfy the Government’s definition of a scale-up, operate within one of the designated priority sectors, hold a valid sponsor licence, and have an established presence in the UK. Applicants will also be required to pass due diligence checks and maintain a UK bank account for reimbursement purposes.

Fast-track Expansion Worker sponsor licence applications

Alongside the reimbursement scheme, the Office for Investment (OfI) has introduced a fast-track referral process for UK Expansion Worker sponsor licence applications. The scheme is aimed at overseas businesses receiving ongoing OfI support and is expected to reduce processing times from up to eight weeks to approximately ten working days. Eligible businesses must operate within one of the Government’s priority sectors and demonstrate significant growth potential or investment commitments, such as securing substantial venture capital funding, committing significant capital investment to UK expansion, or participating in a government-recognised high-growth programme. Applicants must also provide detailed expansion plans and satisfy due diligence requirements.

What this means for businesses

These measures demonstrate the Government’s continued focus on attracting investment, innovation, and highly skilled workers to the UK. For eligible businesses, the schemes offer both financial incentives and a more streamlined route to establishing a sponsored workforce. Given the eligibility criteria, compliance requirements, and limited availability of funding, businesses considering recruitment or expansion plans should seek specialist immigration advice at an early stage to ensure they can take full advantage of these new opportunities.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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The UK Government’s Family Law Consultation Has Launched: What You Need to Know

The Government has recently announced the launch of a family law consultation which could see millions of unmarried couples get stronger rights. Designed to level the playing field between cohabiting couples and those who are married or in civil partnerships – while maintaining a distinct set of rights for each – it is one of the most significant proposed overhauls of family law in decades, particularly in terms of the focus on cohabitation reform.

The Ministry of Justice published its consultation paper, titled “A Fairer End to Relationships”, on 5 June 2026. This consultation runs until 14 August 2026. Back in December 2025, we reported that this review had been announced and was expected in Spring 2026. It has now arrived, and the proposals are wide-ranging.

The Current System

At the moment, cohabiting couples have far weaker rights than those who are married or in a civil partnership, across both divorce law and property rights.

Financial Division on Divorce

The law on dividing assets on divorce has not been substantially updated since the Matrimonial Causes Act 1973. Courts have wide discretion to divide finances as they see fit, guided by a checklist of factors including the financial needs of both parties, contributions to the marriage, and the welfare of any children. In practice, this can produce inconsistent and unpredictable outcomes, with similar couples reaching very different results depending on the court. The landmark case of Radmacher v Granatino [2010] confirmed that nuptial agreements should generally be upheld – but Parliament has never put this into statute, leaving the enforceability of prenups and postnups uncertain.

Cohabiting Couples

Cohabiting couples remain almost entirely unprotected under English and Welsh law. Unlike married couples, cohabitants have no automatic right to occupy or claim a share of a property, financial support after separation, or inheritance if their partner dies without a will. The myth of “common law marriage” – the belief that living together creates marriage-like legal rights persists widely, but it has no basis in law. With over 3.5 million cohabiting couples in England and Wales, the gap between public expectation and legal reality is significant.

What Has the Government Proposed?

The consultation addresses financial remedies on divorce, cohabitation rights, and inheritance for bereaved unmarried partners – areas that have historically been treated separately.

Rights for cohabiting couples

These rights are at the heart of the proposals. Couples who have lived together for at least three years, or who share a child, would gain access to financial remedies on separation – potentially including a share of a property sale and financial support for a dependent partner. Bereaved partners would also receive automatic inheritance rights where no will exists.

Nuptial agreements

Under the proposals, nuptial agreements would become legally binding, provided safeguards such as full financial disclosure and independent legal advice are met. This would give couples genuine certainty when planning their financial futures, something many clients tell us they currently lack.

Financial remedies on divorce

These financial remedies on divorce would be reformed to reduce reliance on judicial discretion and make outcomes more predictable. Areas under consideration include clearer treatment of matrimonial and non-matrimonial assets, the duration of maintenance, pension sharing, and financial support for children beyond 18.

Domestic abuse protections

Reform to domestic abuse is a central theme running through the entire consultation. The Government explicitly frames the reforms as part of its wider commitment to tackle violence against women and girls and acknowledges that the current law can actively trap abuse survivors in relationships by leaving them economically dependent on a perpetrator with no legal recourse on separation.

When Will Any of This Become Law?

The consultation closes on 14 August 2026. Any resulting legislation is unlikely to come into force before 2028 at the earliest. That timeline matters: if your relationship ended today, or your partner died without a will, the current law – not the proposed reforms, would apply.

What This Means Right Now

For cohabiting couples, the proposals on cohabitation reform are significant – but not yet in force. You should review your position under the current law now. That means considering:

Making or updating your will – without one, your partner has no automatic right to inherit
Reviewing how property is owned – and whether a Declaration of Trust records your respective shares correctly
Entering into a cohabitation agreement – setting out how finances and property would be handled on separation
Preparing Lasting Powers of Attorney – so your partner can act on your behalf if you lose capacity

For those planning to marry or remarry, a well-drafted nuptial agreement prepared in line with current best practice remains the strongest protection available and is likely to be given considerable weight by the courts, even before any statutory change.

For those going through divorce, we can advise on how to approach proceedings in light of the existing law and the likely direction of reform.

Our Thoughts

More couples than ever are choosing to live together without marrying or entering into a civil partnership. However, there remains a clear legal distinction between cohabitation and marriage. If an unmarried couple separates, there is currently no comprehensive statutory framework for financial claims, except in limited circumstances such as disputes over jointly owned property or claims made on behalf of children. By contrast, married couples and civil partners benefit from a much wider range of financial claims and protections on separation and death.

It is therefore welcome that the Government is reviewing whether the law should better reflect modern family life. At the same time, reform must be approached carefully. Some couples choose not to marry precisely because they do not wish to be subject to the legal consequences of marriage, including a statutory financial regime on separation.

That said, the current position can produce harsh outcomes. Where a cohabiting partner dies without a will, the surviving partner has no automatic right to inherit, regardless of how long the couple lived together. Their main route may be to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which can involve court proceedings, legal costs, delay and emotional strain at an already difficult time. Even then, the outcome is not guaranteed.

We are excited to see the outcome of the consultation and whether it leads to meaningful reform that provides greater clarity and fairness for modern families.

How We Can Help

Our family law team has been closely following this consultation since the Government’s announcement in November 2025. We can advise you on:

Cohabitation agreements and property ownership arrangements
Pre-nuptial and post-nuptial agreements
Separation, divorce and financial claims
Wills, Lasting Powers of Attorney and inheritance planning

We will continue to monitor developments and update clients as the consultation progresses toward legislation. If you would like to understand what these changes mean for you, please contact our family team for expert, confidential advice.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Why Is My House Purchase Taking So Long?

Buying a property is an exciting milestone, but many buyers are surprised by how long the process can take. One of the most common questions we hear is:

“Why is my house purchase taking so long?”

While every transaction is different, there are several common reasons why conveyancing can take longer than buyers expect. Understanding these factors can help reduce frustration and ensure you are prepared for the journey ahead.

Written by Stephanie Chow, Solicitor

Delays in Receiving the Contract Pack

The conveyancing process cannot properly begin until the seller’s solicitor provides the contract documentation.

This pack usually includes the draft contract, the protocol form, and the title documents.

If the seller is slow in completing the forms or gathering documents, the transaction may be delayed from the outset.

Mortgage Offer Processing Times

If you are purchasing with a mortgage, the lender must carry out affordability checks, valuation assessments, and underwriting before issuing a formal mortgage offer.

The timescales vary significantly between lenders and can sometimes add several weeks to the transaction.

Property Searches

The main searches required by most mortgage lenders are the Local Authority Search, Water and Drainage Search, Environmental Search, and Chancel Repair Search.

Search turnaround times vary significantly depending on the local authority and search provider involved.

Local authority searches can often be a significant source of delay in the conveyancing process. Some local authorities return searches within 7 working days, whereas others can take up to 30 working days. This can have a direct impact on the overall timescale of a property transaction.

Additional Enquiries

Once the buyer’s solicitor has reviewed the contract papers, searches, and title documents, further enquiries are often raised with the seller’s solicitor.

These enquiries may relate to:

Clarification of title issues
Missing documents
Planning permissions & Building regulation approvals
Alterations carried out to the property

Obtaining the necessary replies and supporting documentation can take time, particularly where third parties such as landlords, managing agents, or local authorities are involved.

Leasehold Transactions

Leasehold purchases typically take longer than freehold purchases because additional information is required from the landlord or management company.

This may include:

Service charge accounts
Ground rent information
Planned major works
Buildings insurance details
Management company documentation

Obtaining this information can often take several weeks.

Property Chains

Many transactions form part of a property chain.

Even if one buyer and seller are ready to proceed, completion cannot usually take place until everyone else in the chain is also ready.

A delay affecting one transaction can therefore impact several others.

Unexpected Issues Arising During the Transaction

Occasionally, unforeseen issues are identified during the legal process, such as:

Title defects
Boundary discrepancies
Missing rights of way
Restrictive covenant issues
Absent building regulation certificates

These issues may require further investigations, additional documentation, or indemnity insurance before the transaction can proceed.

Survey Issues

A survey may identify concerns that require further investigation, including:

Damp
Structural movement
Roof defects
Fire safety concerns

Buyers often wish to obtain specialist reports or negotiate a price reduction before proceeding.

Source of Funds and Anti-Money Laundering Checks

Solicitors are legally required to verify a buyer’s identity and source of funds.

Additional checks are often required where funds originate from:

Gifts from family members
Overseas accounts
Multiple savings accounts

Delays in Communication

Conveyancing involves multiple parties, including:

Buyers
Sellers
Estate agents
Mortgage lenders
Surveyors
Landlord/ Management company/ Managing agents
Solicitors

A delay from any one party can affect the overall timescale.

Prompt responses from all parties can make a significant difference.

How Buyers Can Help Keep Things Moving

Although some factors are outside a buyer’s control, there are steps that can help keep the transaction moving:

Instruct a solicitor and surveyor as early as possible.
Submit your mortgage application promptly.
Provide identification and prepare source of funds documents promptly.
Ensure property searches are ordered as soon as possible
Respond quickly to requests for information.
Maintain regular communication with your solicitor and estate agent.

Final Thoughts

Every property transaction is different, and no solicitor can guarantee a specific completion date at the outset.

Although property transactions can sometimes feel slow, there is often a significant amount of legal work taking place behind the scenes to ensure that buyers receive good title and are fully informed about the property they are purchasing.

Understanding the common causes of delay can help set realistic expectations and reduce unnecessary stress during the conveyancing process.

Speak to our residential conveyancing team or get a free conveyancing quote today.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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British Citizenship Granted Despite a Past Criminal Conviction

Recently, we were successful in obtaining British citizenship for our client despite them having criminal convictions. This is a contentious topic and many are sceptical about applying for British Citizenship should they have a criminal record, due to the mandatory grounds for refusal and the Home Office assessing a person’s application against the strict good character requirement.

Below I will provide a summary of a case whereby a client came to us to apply for a citizenship and had a conviction of possession and control of someone else’s identity document with intent to use.

Written by Victor Falcon Mmegwa, Senior Associate Solicitor

Brief facts of the Case

In 2014, our client was convicted of possession and control of someone else’s identity document with intent to use.

Our client then submitted an application for naturalisation as a British citizen on 29 October 2025.

On 23 February 2026, our client’s application for naturalisation as a British citizen was granted successfully.

Our Involvement

We completed the application for naturalisation as a British citizen on behalf of our client.

We also prepared detailed legal representations addressing the Home Office guidance on the nationality good character requirement, together with extensive supporting evidence.

Our Strategy

Our primary focus was to demonstrate that our client satisfied the good character requirement under the British Nationality Act 1981.

The supporting evidence submitted included:

A detailed witness statement from our client;
Character references from friends and members of the community; and
Evidence of the client’s employment and contribution to society.

In our legal representations, we highlighted that:

The client had committed only one offence;
The offence occurred over 10 years ago;
The client had not committed any further offences since 2014;
The client had shown genuine remorse for the offence committed;
The client had positively rehabilitated and changed their life; and
The client was well respected by friends, colleagues, and the wider community.

We also emphasised that our client was employed by the NHS and their local council, demonstrating ongoing positive contributions to the community.

Final Thoughts

This case demonstrates that it is possible to obtain British citizenship despite having a criminal conviction. The key is to provide strong supporting evidence and carefully prepared legal representations showing that the applicant satisfies the good character requirement under the British Nationality Act 1981.

At Lisa’s Law Solicitors, we take detailed instructions in relation to applications for naturalisation as a British citizen, particularly where there are concerns regarding the good character requirement. We carefully advise clients on the evidence required to support their case and provide professional, one-to-one support throughout the entire application process.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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McDaniel v Talbot: Adult Child Claims, Reasonable Financial Provision and Key Factors

Claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) can be difficult to succeed, as the courts generally expect adults to support themselves financially. However, a recent High Court decision demonstrates that where the circumstances are exceptional, an adult child may still be entitled to financial provision from a parent’s estate. The case involved an estranged daughter who successfully challenged her late father’s Will after they rebuilt their relationship in the years before his death.

Written by Aurora Chan, Legal Assistant

When Emma was eight months old, her father, Mark, ended his relationship with her mother and left the family. For most of Emma’s life, they had little to no contact, aside from a small number of visits facilitated by Mark’s mother, Barbara, and one telephone call when Emma was sixteen during which she sought financial assistance due to her pregnancy, which did not go anywhere.

In 2019, after decades of estrangement, Mark contacted Emma in an attempt to rebuild their relationship. They began speaking regularly over lengthy phone calls before eventually meeting in person. Over the following years, the two developed a close and affectionate relationship. They spoke frequently for long periods, spent substantial time together, and even went on holiday together at Mark’s villa in Portugal. Emma also assisted Mark with some aspects of his medical and care needs as his health deteriorated.

They continued to share a close relationship until Mark’s death in 2022, as demonstrated by the fact that the only photograph discovered on his phone was of him and Emma.

Mark had executed a Will in 2014 leaving his entire estate to his new wife, Rosemary, whom he had married earlier that year. The Will expressly stated that he was excluding his children because they had been estranged from him for more than twenty years.

Emma subsequently brought a claim under the 1975 Act, arguing that her father’s Will had failed to make reasonable financial provision for her maintenance. Rosemary, as the sole beneficiary of the estate, opposed the claim.

The Legal Position

Under the 1975 Act, certain categories of individuals may apply to the court for financial provision from a deceased person’s estate where the Will, or intestacy rules, fail to make reasonable financial provision for them.

Eligible applicants include:

a spouse or civil partner of the deceased;
a former spouse or former civil partner who has not remarried or entered into a new civil partnership;
a child of the deceased;
a person treated by the deceased as a child of the family;
a cohabiting partner who lived with the deceased as if they were spouses or civil partners for at least two years before death; and
a person who was being maintained by the deceased immediately before death.

The standard of provision differs depending on the category of applicant. Spouses and civil partners may claim such financial provision as would be reasonable in all the circumstances. Other applicants, including adult children, are limited to claiming what is required for their maintenance, meaning what is necessary to meet their reasonable everyday living expenses in their circumstances.

When determining whether reasonable financial provision has been made, the Court considers a range of statutory factors, including:

financial resources and needs of the applicant;
financial resources and needs of the beneficiaries who would other receive the estate;
the size and nature of the estate;
any obligations the deceased had towards the applicant or beneficiaries; and
any other matters which the Court considers relevant.

In claims involving spouses, civil partners or cohabitants, the Court may also consider the nature and duration of the relationship with the deceased.

Claims by adult children are frequently difficult because the Courts generally expect adults to maintain themselves independently rather than being maintained by their parents. Being able to show financial need is not sufficient, nor is the simple fact of their relationship. Successful claims usually involve a combination of exceptional circumstances such as moral claims or the deceased’s intention to maintain the child.

A claim under the 1975 Act should generally be brought within six months from the date of the grant of probate or letters of administration.

The Judgment

The Court concluded that Mark’s Will failed to make reasonable financial provision for Emma and awarded her £123,418.57 for her maintenance, representing approximately 8.2% of the estate. Of that sum, £103,155 was placed into a discretionary trust structure, while £20,263.57 was allocated to discharge her debts.

In deciding this case, the Court considered the following factors:

Nature of the relationship:

Rosemary argued that the relationship between Mark and Emma amounted to friendship rather than a genuine father-daughter relationship. The Court rejected this argument and found extensive evidence of a familial bond.

Mark had offered Emma extensive financial support and discussed providing financial assistance repeatedly, even making plans for Emma and her children to move in with him. This was characteristic of a familial relationship rather than a friendship.

The Court also considered evidence relating to Emma’s wedding. Mark had gifted Emma £1,000 as a wedding present, which Rosemary confirmed was a family gift. Though he was unable to attend because of mobility issues, he called her after the ceremony and watched the wedding video at her house. Barbara also walked Emma down the aisle in Mark’s place. Collectively, this evidence demonstrated a close parental relationship by the time of Mark’s death.

Mark’s testamentary intentions:

The explanatory statement in Mark’s Will had specifically stated that Emma’s exclusion was due to their estrangement. By the time of Mark’s death, this was no longer true. The Court considered it likely that Mark’s testamentary intentions had changed although he did not update his Will. This was reinforced by Mark’s consistent offers of future financial support for Emma.

Emma’s financial resources and needs:

Emma’s financial resources were very limited, with her monthly income only slightly exceeding her monthly expenditure, and her liabilities outweighing her capital. She also had limited earning capacity due to her extensive care responsibilities, and the Court held it was unreasonable for her to increase her earnings.

Emma’s needs were high as she had to support two disabled children with a substantial medical and developmental needs. Her older son was entirely dependent upon her care and had been assessed as incapable of work. Her younger son attended a special school and required additional transport and care expenses. Additionally, she experienced health issues herself. The combination of these factors substantially increased her financial pressures while restricting her earning capacity.

Rosemary’s needs and resources:

By contrast, Rosemary was financially secure. She had an annual income of approximately £150,000 together with capital assets estimated conservatively at over £3 million. The Court found that the award to Emma would not materially affect Rosemary’s financial security or standard of living.

Size of the estate:

The estate exceeded £1.5 million in value. The Court considered that the award only represented a small proportion of the estate without depriving Rosemary of the substantial part of her inheritance.

Exceptional circumstances:

Although the Court did not expressly find that Mark owed Emma a moral obligation of maintenance, it recognised Emma’s considerable caring responsibilities and the support she had provided both to Mark and to Barbara.

The Court found that Emma had become a central and supportive figure within the wider family. Her conduct, generosity, and care for others contributed to the exceptional circumstances justifying an award under the 1975 Act.

Ultimately, despite Emma being a capable adult and despite the long estrangement, the combined effect of her financial needs, caring responsibilities, close relationship with Mark at the time of his death, Rosemary’s financial security, and the substantial size of the estate justified a successful claim.

Practical Implications

This case demonstrates the principles applied by the courts when considering claims for reasonable financial provision under the 1975 Act. However, the facts were exceptional, and it represented a rare case where a claim by an adult child succeeded.

Instead, the case illustrates the Court’s holistic approach in assessing all relevant circumstances, including financial need, dependency, the nature of the relationship with the deceased, and the overall size of the estate.

The decision also highlights the importance of regularly reviewing and updating Wills. Mark had prepared his Will in 2014 but did not revise it following his reconciliation with Emma in 2019. Had he updated his Will to reflect his changed relationship with his daughter, the subsequent litigation may have been avoided entirely and prevented the relationship between Emma and Rosemary from souring. Prior to the claim, the pair had been on good terms and had even planning a holiday together in the Portugal villa. Ensuring that your Will is accurate and kept up to date can spare your loved ones significant stress, uncertainty, and potential disputes after your death.

How We Can Help

We can assist with Wills and both contentious and non-contentious probate matters, including:

drafting Wills and declarations or explanatory statements;
advising on excluding potential beneficiaries from a Will;
reviewing and updating Wills following changes in circumstances;
advising on the risk of future inheritance disputes;
obtaining grants of probate and administering estates;
assisting with claims under the 1975 Act; and
defending claims brought against estates.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Welcome Maria

We are delighted to welcome Maria Li, who joins us as a legal assistant specialising in residential and commercial property conveyancing. Maria joins our conveyancing team at a time of consistent growth, adding to the arrivals of Julie and Sabina earlier on in May.

Maria holds an LLB from the University of Southampton and previously gained experience assisting with sensitive legal matters and client case management in Hong Kong.

In her spare time, Maria enjoys travelling and baking.

Finally, she is also fluent in English, Cantonese and Mandarin.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Heathrow Third Runway Expansion: Legal and Property Implications for Homeowners

Recent developments have once again brought the proposed expansion of Heathrow Airport into the spotlight, particularly the long-debated third runway project.

New research suggests that thousands of households in surrounding areas may face prolonged uncertainty, with some properties potentially at risk of demolition.

Potential Impact on Over 5,000 Homes

Currently operating with two runways, Heathrow Airport is close to full capacity. The UK Government and airport authorities have long supported the addition of a third runway to increase capacity, accommodate more flights, and meet growing international demand.

However, the proposal extends far beyond simply constructing an additional runway. It is a large-scale infrastructure project involving:

Airport-wide expansion
Road network modifications
Transport infrastructure upgrades
Regional redevelopment

As a result, the project has become one of the most controversial infrastructure schemes in the UK in recent years.

Ongoing concerns relating to environmental impact, noise pollution, and community opposition have led to multiple legal challenges and policy revisions. The project remains in its early stages, and its final approval is still uncertain.

Nevertheless, the property market is already reacting, particularly in terms of buyer sentiment and future expectations.

Demolition Risk vs Planning Uncertainty

According to the independent review body, the Commission for the Independent Scrutiny of Heathrow Airport (CISHA), approximately 750 homes could face demolition if the project proceeds. Planning approval is not expected before 2029 at the earliest.

In addition, around 5,500 properties fall within the wider impact zone near the proposed runway.

Importantly, these properties are not all subject to compulsory purchase or demolition. Instead, they may:

Qualify for compensation schemes
Be affected by mitigation policies
Experience planning-related uncertainty

In practical terms, the primary issue for many homeowners is not immediate demolition, but long-term uncertainty affecting property value and marketability.

Property Prices and Market Liquidity

One of the key concerns highlighted in the report is that many homeowners remain in a prolonged “limbo” situation.

As the expansion plans are not yet finalised, prospective buyers are increasingly cautious. Common concerns include:

Rising future noise levels
Changes to the local living environment
Increased pressure on infrastructure and transport
Reduced long-term capital growth potential

For existing property owners, this uncertainty may result in:

Longer selling periods
Increased buyer negotiating power
More conservative mortgage valuations
Reduced market liquidity
Disruption to both investment and residential plans

Even properties outside demolition zones may experience price suppression due to negative market perception.

Compensation Schemes Under Scrutiny

CISHA has also raised concerns that Heathrow’s current property hardship and compensation schemes fall behind those seen in other major UK infrastructure projects, such as HS2 and Crossrail.

The report recommends:

Revising hardship sale eligibility criteria
Providing clearer exit routes for affected residents
Ensuring fair and transparent property valuations
Strengthening protections for both homeowners and tenants

Heathrow Airport has responded positively, stating that feedback will help improve future compensation policies and provide greater certainty for affected communities.

Legal Perspective: Compulsory Purchase and Homeowner Rights

From a legal standpoint, if the third runway proceeds and residential properties are acquired, affected homeowners are protected under the UK’s Compulsory Purchase framework.

In general, property owners may be entitled to:

Compensation based on open market value
A Home Loss Payment (for qualifying owner-occupiers)
Reimbursement of relocation costs
Legal and surveyor fees

Where disputes arise, homeowners have the right to:

Appoint independent surveyors
Negotiate compensation
Escalate matters to the Tribunal or courts

However, in practice, the greatest concern is often not acquisition itself, but prolonged uncertainty, which can impact property values well before any formal decision is made.

Key Legal Searches for Buyers in Affected Areas

For buyers considering property near major infrastructure projects, thorough legal due diligence is essential.

Local Authority Search

This is a fundamental conveyancing search, revealing:

Nearby planning applications
Proposed infrastructure developments
Compulsory purchase risks
Local development plans

For Heathrow-area properties, particular attention should be paid to:

Third runway proposals
Noise contour zones
Compensation eligibility areas
Transport expansion plans

Planning Search

A more detailed planning report may identify:

Future developments in the surrounding area
New housing or commercial projects
Changes in land use
Development potential of nearby land

This is especially important for investors assessing both growth opportunities and long-term risks.

Environmental and Noise Assessments

For properties near airports, buyers should also consider:

Aircraft noise levels
Air quality data
Night flight impact
Potential future flight path changes

Local Plan Review

Each local authority publishes a development plan outlining:

Strategic growth areas
Infrastructure priorities
Housing and commercial development zones
Areas subject to regeneration

Understanding these plans is critical, as property values are often influenced by future expectations rather than current conditions.

Practical Advice for Property Buyers

When purchasing property near major infrastructure projects, buyers should:

Avoid relying solely on estate agent information
Request enhanced legal searches
Assess long-term (10+ years) planning risks
Consider resale liquidity
Balance lifestyle suitability with investment potential

Final Thoughts

The proposed Heathrow third runway continues to create uncertainty across the local property market. While the project’s future remains unclear, its legal and financial implications are already being felt.

For homeowners and buyers alike, the key issue is not just whether the development proceeds, but how prolonged uncertainty affects property value, saleability, and long-term planning.

In our experience advising clients on property transactions near major infrastructure projects, the key risk is often not the development itself, but the prolonged period of ambiguity surrounding it. This can affect both residential purchasers and investors, particularly where future planning, resale strategy, or financing is a consideration.

Careful legal due diligence, supported by targeted property searches and forward-looking planning analysis, is therefore essential when acquiring property in areas subject to potential large-scale development.

How We Can Help

If you are considering purchasing property or land in the UK, or are dealing with legal issues relating to property ownership, leasing, or development, our residential conveyancing team can assist.

At our firm, we regularly advise both UK-based and international clients on property acquisitions, disposals, and risk management, providing clear and practical legal guidance throughout the transaction process.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on [email protected].

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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The Legal Position

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Practical Implications

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Have questions? Get in touch today!

Potential Impact on Over 5,000 Homes

Demolition Risk vs Planning Uncertainty

Property Prices and Market Liquidity

Compensation Schemes Under Scrutiny

Legal Perspective: Compulsory Purchase and Homeowner Rights

Key Legal Searches for Buyers in Affected Areas

Local Authority Search

Planning Search

Environmental and Noise Assessments

Local Plan Review

Practical Advice for Property Buyers

Final Thoughts

How We Can Help

Have questions? Get in touch today!

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