Tughans Solicitors

Why is my bottle cap tethered?

Most of us will have noticed over the last few months that our bottle caps have become mysteriously attached to the bottle.  For some of us it is an irritating development and for others a welcome innovation that reduces litter.   The new plastic caps are just one in a series of measures being pursued... Read More

OEP Report: Implementation of the Water Framework Directive in Northern Ireland

It is back to school for most of Northern Ireland’s school children this week and the Office of Environmental Protection (OEP) has released its  report entitled “A review of implementation of the Water Framework Directive Regulations and River Basin Management Planning in Northern Ireland”.   The OEP report concludes that Northern Ireland is not on... Read More

Appeal Granted – notable development in the case of Rahman v Hassan (2024 EWHC 1290 Ch)

We recently commented on the judgment in the case of Rahman v Hassan (2024 EWHC 1290 Ch) (see “Is a text message sufficient evidence to prove intentions to update a Will?” ) and its ruling on the validity and scope of donationes mortis causa, or ‘gifts in contemplation of death’.   In a notable development,... Read More

Is a text message sufficient evidence to prove intentions to update a Will?

An unusual decision in the High Court in England has deemed that a text message was sufficient in evidencing a deceased’s intentions for their Will. In the recent case of Rahman v Hassan, 2024 EWHC 1290 (Ch), the claimant argued that the deceased had expressed his wish for him to receive all of his UK... Read More

Northern Ireland High Court Rejects Disgruntled Family Member’s Claim for Financial Provision from Late Father’s Will

The High Court in Northern Ireland has provided a rare judgment in relation to claims made under the Inheritance (Provision for Family and Dependents) (NI) Order 1979 (‘the 1979 Order’).   The plaintiff in this case was the eldest son of the deceased Testator. The plaintiff had been left out of his father’s Will with... Read More

High Court Clarification on Nervous Shock – Exploring Doctors’ Duty of Care to Patients’ Relatives in Ireland

In the High Court judgement of Germaine v Day, Egan J examines the intersection of the doctrine of nervous shock with medical negligence, and arrives at a similar position that was recently reached by the UK Supreme Court in Paul v. Wolverhampton NHS UKSC 1 (“Paul”), albeit via a somewhat different legal route.  ... Read More

Unless orders in Clinical Negligence claims

Andrew Matthew McGivern v South Eastern Health and Social Care Trust NIMaster 13   The High Court of Justice in Northern Ireland recently considered a clinical negligence action which raised issues in relation to court reviews, directions and non-compliance with an unless order. The action serves as an important reminder of the risks parties... Read More

Beware the dangers of ambiguous charitable bequests

A recent decision in the High Court in England has highlighted the importance of taking care when making charitable bequests in a Will. In the case of Dryden v Young 2024 EWHC 1095 (Ch), there was confusion as to the intended destination for a number of charitable bequests which the Testatrix had included as part... Read More

A Major week for Climate Change Law as the Supreme Court hands down Judgment in Finch

The Finch case concerned an application for planning permission to expand oil production from a well site at Horse Hill near Horley in Surrey. The proposed project would involve the extraction of oil from six wells over a period of 20 years. The Developer argued that the assessment of environmental impacts should be restricted to... Read More

Employee Ownership Trusts – Key Components and Legal Considerations

Sales of businesses to employee ownership trusts (EOTs) are becoming an increasingly popular alternative route for sellers seeking to realise value, benefit from certain tax advantages and further incentivise employees.   In this overview, we explore: (i) the background to EOTs and (ii) certain key legal components of these structures.   Background to Employee Ownership... Read More