Undue Influence and Testamentary Capacity in Wills: Insights from Langley v Qin

For a will to be legally valid, the testator (the person making the will) must have the mental capacity to do so, intend to make a will, and adhere to the required legal formalities. While compliance with these formalities can often be verified by reviewing the will, assessing the testator’s mental ability (known as testamentary capacity) and intention is far more complex.

These concerns typically surface after the testator’s death, making it challenging to determine whether they genuinely understood and intended the provisions of their will.

The recent case of Langley v Qin illustrates how the Court can set aside a will on the grounds of lack of testamentary capacity, lack of knowledge and approval, and undue influence. It also brings to light the dangers of predatory marriages, where one party may seek to marry a vulnerable individual with the intention of inheriting their estate.

Background

The cases involved the late Robert Harrington (Mr Harrington), who passed away in May 2020 at the age of 94. Approximately a year before his death, Mr Harrington married his carer, Guixiang Qin (Ms Qin), who was 54 years old at that time. Two months before his death, Mr Harrington executed a will leaving his entire estate, valued at £680,000, to Ms Qin. He also appointed her as the sole executrix, excluding his only daughter, Jill Langley (Ms Langley), entirely. Mr Harrington had been married for 66 years before becoming a widower, and his only child was Ms Langley.

After Mr Harrington’s death, Ms Langley contested the will, alleging that her father had been coerced into a predatory marriage. She sought to have the will set aside on the grounds of Mr Harrington’s lack of testamentary capacity, lack of knowledge and approval of the will’s contents, and undue influence exerted by Ms Qin.

Testamentary capacity

The Court found that Mr Harrington lacked testamentary capacity due to a paranoid delusional disorder, supported by medical records indicating he was in a “delusional state of mind”. For example, he falsely believed he had been a major in the army. This mental state undermined his ability to make a valid will.

Knowledge and approval

The Court also concluded that Mr Harrington did not fully understand or approve the contents of the will. There was evidence to show that he had not read the draft will, and there were no credible attendance notes or oral evidence from the solicitors who drafted the will to confirm his understanding of it.

Undue Influence

Following the decision in Rea v Rea [2024] EWCA Civ 169, the Court found that Ms Qin had exerted undue influence over Mr Harrington. Evidence demonstrated that she controlled and manipulated him for financial gain, including impersonating Mr Harrington in correspondence, using his debit and credit cards, and accessing his online accounts. The Court also finds that Ms Qin approached multiple local solicitors until the one willing to draft the will for Mr Harrington.

What is a Predatory Marriage?

A predatory marriage occurs when one party marries another with the intention of inheriting their estate. Under current law, as established in Re Roberts [1978] 1 WLR 654, the Court cannot set aside a predatory marriage after one spouse’s death. The legal threshold for determining mental capacity for marriage is notably lower than for making a will. Although concerns about a predatory marriage were raised, the Court could not invalidate Mr Harrington’s marriage to Ms Qin.

Consequently, the marriage was deemed valid, automatically revoking his previous will. With the second will declared invalid, Mr Harrington’s estate will be distributed according to the rules of intestacy under section 46 of the Administration of Estates Act 1925. As the legal spouse, Ms Qin stands to inherit the fixed net sum of £270,000 (on the 27th July 2023, this Statutory Legacy increased in England and Wales from £270,000 to £322,000) and half of the remaining estate.

Key Takeaways

This case underscores the importance of regularly reviewing and updating a will, especially before or after marriage, to ensure that it reflects the testator’s true wishes. It is crucial to remember that marriage automatically revokes any earlier will unless specific provisions are made. For individuals concerned about challenges to their testamentary capacity, seeking professional legal advice when drafting a will is highly recommended.

Additionally, creating a Lasting Power of Attorney (LPA) while mentally capable allows you to appoint trusted individuals to manage your financial and personal affairs, offering additional protection against undue influence or predatory behaviour.

The Langley v Qin case highlights the vulnerabilities in estate planning, especially for elderly or infirm individuals. It serves as a powerful reminder of the need for thorough legal oversight to protect the rights and intentions of those most at risk.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

James Cook

See Full Bio

How do I register for a UK eVisa? Find out here!

Recently, we have been getting a lot of inquiries from clients wondering why their 2.5 or 5-year visas show an expiry date of 31st December 2024 on their BRP cards. So, why is this? Well, starting from January 1st 2025, the Home Office will usher in a new era of digital immigration documentation with the arrival of the the UK eVisa; replacing physical documents like traditional BRP cards or visa stickers in passports.

So, what is an eVisa? The eVisa is a digital management system, allowing you to check your visa status online anytime.

Simply put, a UK eVisa is an online record of your UK immigration status or residence permit. With an eVisa, you can travel to the UK with just your passport, no physical visa documents required. You can also use your eVisa to share your immigration status with third parties. For example, with landlords, employers or education institutions.

What is the deadline for registering for a UK eVisa?

The short answer is, the deadline for registering your UK eVisa is December 31, 2024. This means that before this date, you must register your UKVI account and add your visa information. Although the deadline is at the end of this year, the UKVI eVisa accounts have been officially open for registration since March 18, 2024. We covered the arrival of the UK eVisa system in a previous article here.

The Home Office has already sent emails to some individuals who need to register for UKVI accounts, so please check your email inbox carefully. If you have received the email or any correspondence, follow the steps outlined to create your UKVI account. If you haven’t received the email yet, don’t worry.

Until recently, those with a BRP card were encouraged to register for an eVisa only if they had been sent an email. However, as of 6th August 2024, all BRP card holders can now register.

How to register for an eVisa

1. You can use your computer (or mobile phone) to log on to the UK government’s official website for eVisa: https://www.gov.uk/get-access-evisa.

Once logged in, the system will ask you several questions about BRP, such as whether you hold a BRP and if it’s within its validity period. Please select according to your actual situation.

2. Choose to register your UKVI account or log in to an existing UKVI account. If you’ve previously created a UKVI account for visa applications and used the Immigration Office’s online identity verification, simply log in to your existing account. If you don’t have an account, click “Create Account” to start registering your UKVI account.

3. Follow the system’s instructions to complete email and mobile phone verification, and then you can log in to your UKVI account. Next, you can click “Start Application” and link your eVisa to your account.

4. Next, you’ll need to verify your identity using the UK Immigration: ID Check mobile app (please note, it’s a purple icon in the app store, not blue). Identity verification involves three main steps: first, take photos of both sides of your BRP card, then place your phone on the BRP card and use NFC to scan the chip inside, and finally, scan your face and upload a selfie with a plain background to complete the process.

5. Finally, answer the security questions and you can officially submit your eVisa application. After completing all steps, you’ll receive an email confirmation from the Immigration Office.

If you have any questions or need assistance with creating a UKVI account and viewing your eVisa, feel free to contact us.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

lisaslaw@web

See Full Bio

Help! I am in a Property Chain. What does this mean?

Imagine that you have just put an offer in on your dream house. Before you know it, you’re thinking about how long it will be until you can move in, and then a bombshell hits – the Estate Agent informs you that there is a “Property Chain”.

What is a property chain?

Firstly, do not panic. Property chain transactions are extremely common, more so than chain-free properties. This means that your seller is selling their property and using the proceeds from the sale to buy another property. The second seller might also be buying another property from a third seller who in turn is buying their next, which forms a “chain”. Theoretically this chain could continue indefinitely. Luckily for you, that’s not the case.

What is the risk?

The nature of a property chain is that it is uncertain as many parties are involved and each transaction is dependent on the others. If one party’s transaction falls through, it will cause a domino effect, resulting in a delay or the collapse of the entire property chain. The level of uncertainty depends on the length of the chain. Normally, the longer it is, the more uncertain it is.

Of course, if you have a good estate agent and the right solicitor, the length of the chain does not matter as much, as it can be coordinated and managed effectively.

How can you manage the risk?

Find out as much as you can about the chain. Questions to ask the estate agent: has the seller found their next property? How many parties are involved in the chain? What stage is the chain at? What is the expected timeframe to completion?

Have a back-up plan if you have to wait. Can you or anyone in the chain “break” the chain? Can someone move in with family or find alternative accommodation to enable the sale/ purchase? Typically, this will be discussed via the agents and solicitors in the chain.

Choose the right solicitor who has experience in dealing with a chain transaction and can assist in mitigating the risks associated. A good solicitor is important here to progress the matter and keep pushing at the right times!

Ultimately, only you can decide whether you are willing to wait for your dream home. Factor in delays and set your expectations. You should also bear in mind that not all property sales and purchases are successful.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

James Cook

See Full Bio

Common Intention Matters – Even When One Party is Not Named in the Property Title Deed

Property ownership disputes often arise when one party’s name is not listed on the title deed, yet both parties believe they have a rightful claim to the property. The legal principle of common intention constructive trust plays a crucial role in resolving such disputes, recognizing that contributions and mutual understanding can establish ownership rights. This article explores the doctrine of common intention, its application in property law, and key case laws that have shaped its interpretation.

The Doctrine of Common Intention Constructive Trust

Common intention constructive trust arises when two or more parties share an understanding or agreement about the ownership of a property, despite the formal title reflecting otherwise. This principle ensures that the true intentions of the parties, as evidenced by their actions and contributions, are given legal recognition. It is rooted in equity and fairness, aiming to prevent unjust enrichment and ensure that all parties receive their rightful share.

The doctrine is particularly significant in cases involving cohabiting couples, family members, or business partners who may not formalize their ownership interests through title deeds. Contributions towards the purchase price, mortgage payments, renovations, and other expenses can all be indicative of a common intention to share ownership.

Key Case Laws

Several landmark cases illustrate the application and evolution of common intention constructive trust in property disputes. These cases highlight the courts’ approach to discerning the true intentions of the parties and ensuring equitable outcomes.

1. Lloyds Bank plc v Rosset [1990] UKHL 14

This case is a cornerstone in the area of common intention constructive trusts. The House of Lords held that for a common intention constructive trust to arise, there must be evidence of an express agreement, arrangement, or understanding between the parties. Additionally, the claimant must have acted to their detriment based on this common intention. In this case, Mrs. Rosset’s contributions towards the renovation of the property were deemed insufficient to establish a common intention, as there was no clear evidence of an agreement to share ownership.

2. Stack v Dowden [2007] UKHL 17

In this significant case, the House of Lords addressed the issue of joint ownership where the legal title was held jointly, but the beneficial interests were disputed. The court emphasized that the starting point in such cases is the presumption that the beneficial interests follow the legal title. However, this presumption can be rebutted by evidence demonstrating a different common intention. In Stack v Dowden, the court considered factors such as the parties’ financial contributions, the purpose of the property, and the nature of their relationship. Ultimately, the court held that the parties had unequal beneficial interests due to their distinct financial arrangements and contributions.

3. Jones v Kernott [2011] UKSC 53

This case further refined the principles established in Stack v Dowden. The Supreme Court clarified that in cases where the common intention changes over time, courts should consider the entire course of dealing between the parties. The court held that where it is clear that the parties intended to alter their shares, the court could infer a change in their common intention based on their conduct. In Jones v Kernott, the parties had initially purchased the property as joint tenants, but their subsequent conduct indicated that they intended to hold the property in different shares after their separation.

Analysis and Implications

The principle of common intention constructive trust underscores the importance of equity in property law. It ensures that the law recognizes the true intentions and contributions of all parties, preventing situations where one party is unfairly enriched at the expense of another. This principle is especially relevant in modern contexts where informal arrangements and non-traditional relationships are common.

The key elements for establishing a common intention constructive trust include:

1. Express Agreement or Understanding: There must be evidence of a mutual agreement or understanding between the parties regarding the ownership of the property. This agreement can be oral or written and must be sufficiently certain.

2. Detrimental Reliance: The claimant must demonstrate that they acted to their detriment based on the common intention. This can include financial contributions, labour, or other significant actions that would be unfair for them to lose if the trust were not recognized.

3. Conduct of the Parties: The court will examine the entire course of dealing between the parties, including their financial contributions, behaviour, and any changes in their relationship that might indicate a shift in their common intention.

Practical Considerations

To mitigate potential disputes, parties involved in joint property ventures should:

- Document Intentions Clearly: Formal agreements, such as cohabitation agreements or declarations of trust, can provide clear evidence of the parties’ intentions.
- Maintain Records of Contributions: Keeping detailed records of financial contributions and other investments in the property can support claims of common intention.
- Seek Legal Advice: Professional legal advice can help parties understand their rights and ensure that their intentions are properly documented and legally enforceable.

Conclusion

The principle of common intention constructive trust plays a vital role in ensuring fairness and equity in property ownership disputes. By recognizing the true intentions and contributions of all parties, courts can deliver just outcomes that reflect the realities of modern relationships and property arrangements. Landmark cases such as Lloyds Bank v Rosset, Stack v Dowden, and Jones v Kernott have significantly shaped the application of this doctrine, providing a robust framework for addressing complex property disputes.

Importantly, the principles of Resulting and Constructive Trusts help to address issues or problems that a female cohabitee can face when title to the family home is in the sole name of the man and the relationship has broken down as David Hayton expressed in ‘Equitable rights of Cohabitees,’ in the Conveyancer and Property Lawyer (1990), 54, pp.370-387 cited in p.379 of the book ‘Equity and Trusts A Reader’ edited by Mark Pawlowski.

Regarding detriment, representations such as “honey don’t worry this is our family home,” “you stay at home and take care of the children and maintain the home whilst I work to pay for the mortgage,” do matter, because they could induce the other into expectations in the course of the dealings as they rely on the representation.

Induced into expectations or relying on the representation, “the representee has lost an opportunity to protect his interests by taking some alternative courses available which offered a real prospect of benefit, notwithstanding that the prospect was contingent and uncertain,” Lord Sumption, advised the Privy Council in Kelly v Fraser [2012] UKPC 25, [2013 1 AC 450 (a case of estoppel by representation). These principles, remain relevant in our day- to- day practice of property law.

By way of momentum of memory, I would like to pay tribute to my then lecturer Prof Mark Pawlowski of Property Law, School of Law, The University of Greenwich, who inspired us as students as we sat at his feet at that time preparing our minds for times such as this in our daily practices.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

James Cook

See Full Bio

‘Citizenship Ban’ is Over: Nationality Caseworker Guidance Updated

The Home Office has revised its nationality caseworker guidance following the Illegal Migration Act 2023 (Amendment) Regulations 2024, annulling the previous British citizenship ban. This ban prevented individuals who had met certain criteria related to illegal entry from ever obtaining British citizenship.

It was introduced by the Conservative government in 2023 and meant that those who entered the UK illegally after 7^th March 2023 were prevented from naturalising as British citizens. Even if an individual’s asylum claim was accepted and they were granted refugee status, they would also be included in the ban.

The amended guidance now reflects that this prohibition is no longer in force. While it remains unclear if any applications for naturalisation or registration were refused due to the ban, affected individuals will need personalized advice to navigate their next steps.

Our thoughts

To summarise, the removal of the citizenship ban is a significant move towards rectifying an overly punitive measure that could have lifelong consequences for individuals. This update is a welcome change, promoting a more just and humane approach to citizenship. However, the lack of clarity on whether any applications were refused under the old guidance means that individuals potentially impacted by the previous ban will need tailored legal advice, which could delay their citizenship process.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

James Cook

See Full Bio

The Significance of Security of Tenure in Commercial Lease Disputes

In the UK, the Landlord and Tenant Act 1954 provides security of tenure for commercial tenants, protecting them from being evicted without due process. However, the interpretation and application of this security of tenure can become complex, particularly when the terms of occupancy are under dispute, as illustrated in the recent case between Arapina Bakery Ltd and Green Alpha UK Ltd.

Security of tenure

Security of tenure provides a significant advantage for commercial tenants, giving them the statutory right to renew their business leases at the end of the lease term. This is a vital component of long term business security. After all, a business that has to relocate to a different premises could be damaged by having to move. This is particularly true for retail companies like the subject of this case, Arapina Bakery, who spent time and money building up customers in a particular location.

Arguments

In this case, Arapina Bakery Ltd (the Claimant) argued that it had security of tenure under the 1954 Act, claiming that their eviction was unlawful. The Defendant, Green Alpha UK Ltd, countered this claim, arguing that no formal lease was ever established, as the Heads of Terms were marked “Subject to Contract,” indicating that the parties did not intend to be legally bound until a formal lease was executed.

The Defendant’s argument relied heavily on established legal principles, including the notion that negotiations under the “subject to contract” umbrella do not create binding legal relations. The case of Javad v Aqil [1991] 1 WLR 1007 was cited, where the Court of Appeal found that no periodic tenancy could be inferred when terms of tenancy were not agreed upon, reinforcing the position that no tenancy under the 1954 Act was created.

Our thoughts

This case highlights the importance of clearly defined agreements in commercial leases and the potential pitfalls of informal or “subject to contract” arrangements. For landlords and tenants alike, ensuring that all terms are explicitly agreed upon and documented is crucial to avoid disputes over tenancy rights.

As commercial property transactions continue to evolve, especially with the increasing complexity of property laws, both parties must seek legal clarity from the outset to protect their interests and avoid costly litigation.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

James Cook

See Full Bio

How Can Small Businesses Protect Themselves from Online Defamation?

With the rapid spread of information via digital media, both accurate and misleading content can quickly go viral. This poses a significant risk for small businesses, particularly those in niche markets such as traditional medicine, takeaway food, or specialty goods, where reputational damage in the form of online defamation can severely impact a business’ viability and customer trust.

Lisa’s Law recently assisted a client in an online defamation case involving a traditional medicine shop. The case demonstrates the legal remedies available even when the business is not explicitly identified.

An online defamation case involving a traditional herbal medicine business

The online defamation case our litigation team handled involved a traditional medicine shop accused of selling contaminated herbal products. The allegations were initially made in a social media post which rapidly gained traction, garnering a large number of shares and comments, some mixed with discriminatory remarks. The post included graphic photos of the product supposedly purchased from our client, with a twist of hair included. However, our client was able to clearly identify from the packaging shown in the photo that it could not have been one of their products.

Subsequently, a local newspaper website published an article reiterating these claims, this time without explicitly naming the shop. However, the article contained sufficient contextual clues—such as the location of the town, type of product, and identity of the original poster – allowing readers to identify our client’s business. The original post was later removed following a challenge from our client. Despite this, the editor of the local newspaper refused to remove their even more widely read article, claiming that no names were specifically mentioned by them.

Given the nature of traditional medicine shops, maintaining a reputation for quality and hygiene is crucial for our client’s business. The implications of these allegations were therefore significant, potentially undermining not only the trust in our client’s traditional medicine business but also casting doubt on the standards of others in the community.

Legal Considerations in defamation law

In defamation law, a business does not need to be explicitly named to have a valid claim. If defamatory material can reasonably identify the business through indirect references, legal redress may be possible. In this case, our investigation found that there were only a few shops of this nature in the specified area, making it relatively easy for the public to deduce the implicated business.

Furthermore, defamation does not require exact identification. For example, if a newspaper defames an unnamed “striker of a particular football team,” all members of that small group may have a valid claim against the newspaper. Similarly, in our client’s case, all traditional medicine shops in the area could have suffered significant harm, even without specific shop names being disclosed.

Our Litigation Team’s Intervention and Outcome

Our firm successfully contested the defamatory statements, resulting in the removal of the online article from the newspaper’s website and their social media accounts. Furthermore, we prevented the article from being published in the newspaper’s printed edition, which could have resulted in wider dissemination. We also obtained a formal apology from the news outlet, acknowledging the harm caused and clarifying the situation. This outcome was vital in restoring our client’s reputation and providing a final closure to the matter.

Key Takeaways

In the social media age, businesses must be vigilant about their online presence and respond promptly to defamatory statements. Quick and decisive legal action can help mitigate damage to a company’s reputation and financial standing. It’s especially important for businesses in specialized sectors, like traditional medicine, to have a solid legal strategy to combat false allegations. Legal tools such as cease and desist letters, injunctions, and claims for damages are essential for protecting a company’s integrity. Additionally, maintaining strong relationships with loyal customers and the broader community is vital for preserving trust and credibility, even amidst potential reputational threats.

The social media era requires businesses, particularly those in niche markets, to be proactive in defending their reputation. Defamation can have lasting effects, but with the right legal strategies, businesses can effectively address and rectify false claims.

Disclaimer: The names, nature, and details of the shop and business in this legal briefing have been altered to protect the identities of the involved parties.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

James Cook

See Full Bio

Victory for Bangladeshi-Born Man in British Citizenship Case After Initially Being Refused a British Passport

In a landmark decision, the Administrative Court has upheld a claimant’s judicial review challenge against being refused a British passport by HM Passport Office. The claimant, born in Bangladesh to a British citizen father by descent, had his right to British citizenship confirmed.

Background

The case, R (on the application of Islam) v Secretary of State for the Home Department, revolved around the claimant’s application for a British passport, which was initially denied because he was born outside the UK and his father was a British citizen by descent.

The paternal grandfather of the claimant, Mr Moynul Islam, had originally moved to the UK from what was then Bangladesh in 1959. He later registered as a “citizen of the UK and colonies” in 1964. Despite the British High Commission in Bangladesh endorsing a Certificate of Entitlement to the Right of Abode (COE) on his mother’s passport, the claimant faced deportation after criminal convictions, leading to the current legal battle.

Key Points

1. Initial Immigration and Residence:

- The claimant’s father, a UK citizen by descent, and his mother, who travelled to the UK with a COE endorsed on her passport, settled in the UK. The claimant has lived in the UK ever since.

2. Deportation Challenge:

- - In 2018, the Secretary of State sought to deport the claimant, arguing that his COE expired with his mother’s passport. The claimant appealed to the First-tier Tribunal (FTT), which ruled in his favour, recognizing the COE as valid evidence of his right to abode.

3. Legal Arguments and Issue Estoppel:

- The claimant argued that the Secretary of State acted unlawfully by not adhering to the FTT’s decision. The doctrine of issue estoppel was central to the case, preventing the Secretary of State from revisiting the question of his citizenship.

4. Court’s Decision:

- The court found that there were no exceptional reasons to negate the issue estoppel. The FTT’s conclusion that the claimant was a British citizen was neither perverse nor legally erroneous. The court held that justice did not demand reopening the settled issue.

5. Human Rights Consideration:

- The court acknowledged that denying the claimant a passport interfered with his Article 8 rights under the European Convention on Human Rights, impacting his family life and domestic arrangements.

Outcome

The Administrative Court quashed the decision to refuse the claimant’s passport application. It ordered the Secretary of State to issue a British passport upon submission of a fresh application, reinforcing the FTT’s determination of the claimant’s British citizenship.

Significance

This case underscores the importance of legal consistency and the protection of individual rights within the UK’s immigration system. It reaffirms the binding nature of tribunal decisions and the significance of human rights in citizenship disputes.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

James Cook

See Full Bio

Buying an Auction Property? The Pros and Cons in Full

Other from traditional property sales, property auctions are considered another effective way to sell and acquire properties in the UK. According to data from the Office for National Statistics, 652,000 homes were sold in England and Wales in 2020, with around 18,000-20,000 of those residential properties sold by auction. This accounts for 2.2% of total home sales. While not a large proportion of sales, property auction sales are a significant one. Let’s take a look at the advantages and disadvantages of buying or selling an auction property.

Auction property purchases are considered suitable for sellers with a subjective value who want to market their properties to a large audience of potential buyers. Auction listings can be put online by auction houses and can attract bidders across the world, meaning that sellers do not have to simply rely on regional auction houses within the UK. This will expose the property to a wide range of potential buyers. Statistics suggest that if you put a property up for auction, you have more than a 50 per cent chance of success of selling them this way.

Auctions can be attractive to property investors as they may secure assets below market value. It is also attractive to sellers as a reserve price can be set up to ensure that you don’t sell for less than an amount you are comfortable with, hence it creates a win – win situation for both sellers and buyers!

Advantages of Auction

The main advantage for selling property at auction is that it is normally quicker than the traditional sale process. Auctioneers provide certain information and searches concerning the property before bidding begins, potential buyers are made aware of the basic information about the property, and only serious buyers join in the bidding process. Then, as soon as the auctioneer bangs his gavel on the desk, the sale is complete. The successful bidder will sign the contract with an actual date of completion determined and pay deposit right away, meaning there is minimal risk of the sale falling through. Transparency and certainty are considered key advantages of an auction sale.

Risks of buying a property at auction

If you are potential buyer, you should also bear in mind the risks of buying a property at auction.

Firstly, you may not have enough information about the property at the time you enter into a binding contract to purchase, whether that’s the structure and conditions of the property itself, or the legal implications. This causes a major dilemma due to the fact that it will be a waste of money and time to investigate the title if you do not eventually succeed in bidding, but it would also be too late to raise requisitions on the title after you have entered into a contract.

Secondly, given the tight timeframe to complete, usually within 28 days, you may not be financially prepared in advance, particularly if mortgage financing is required.

Thirdly, if you are not familiar with the market and procedures, you may find yourself overpaying for the property! Since auction sales are usually subject to Common Auction Conditions, if you are not a professional bidder, you may not have sufficient knowledge of the relevant terms applicable to your purchase. This may cause you to eventually find yourself stuck in the middle of some onerous terms which you have not anticipated.

It is therefore advisable for you to consult your solicitors prior to entering any contractual relationship. Lisa’s Law is experienced in dealing with both residential and commercial properties auction cases and you will be advised extensively throughout the process. Feel free to contact us if you have any enquiries.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

James Cook

See Full Bio

Clarified Guidance for Five-Year Route Partners Accessing Public Funds

The Home Office has updated its guidance to clarify the conditions under which partners on the five-year route (commonly known as spouse visa) can access public funds without being transferred to the ten-year route. So, when can partners access public funds? Keep reading to find out.

Previously, there was ambiguity around whether individuals with leave to remain as partners on the five-year route who applied for a change of conditions to access public funds would be forced into the longer ten-year route. The updated guidance specifies that if the No Recourse to Public Funds (NRPF) condition is lifted, the individual’s financial circumstances will be reassessed upon their application for further leave to remain.

If they meet the financial requirement but are receiving public funds, they will be contacted by the Home Office to confirm if they wish to be moved to the ten-year partner route instead.

Our thoughts

This clarification is a positive step towards transparency and fairness in the immigration process. It ensures that those in genuine need can access necessary public funds without the penalty of an extended path to settlement.

However, the re-evaluation of financial circumstances could create uncertainty and stress for applicants who may already be in precarious situations. The Home Office should ensure this process is handled sensitively and efficiently.

If you would like more information about how partners on the five-year route can access public funds, please contact us today.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

James Cook

See Full Bio

News and Insights

Background

Testamentary capacity

Knowledge and approval

Undue Influence

What is a Predatory Marriage?

Key Takeaways

Have questions? Get in touch today!

What is the deadline for registering for a UK eVisa?

How to register for an eVisa

Have questions? Get in touch today!

What is a property chain?

What is the risk?

How can you manage the risk?

Have questions? Get in touch today!

The Doctrine of Common Intention Constructive Trust

Key Case Laws

Analysis and Implications

Practical Considerations

Conclusion

Have questions? Get in touch today!

Our thoughts

Have questions? Get in touch today!

Security of tenure

Arguments

Our thoughts

Have questions? Get in touch today!

An online defamation case involving a traditional herbal medicine business

Legal Considerations in defamation law

Our Litigation Team’s Intervention and Outcome

Key Takeaways

Have questions? Get in touch today!

Background

Key Points

Outcome

Significance

Have questions? Get in touch today!

Advantages of Auction

Risks of buying a property at auction

Have questions? Get in touch today!

Our thoughts

Have questions? Get in touch today!

Subscribe to our newsletter

Subscribe Newsletter Blog Sidebar