Ask the QC

A prenuptial is an arrangement hardly worth making

By Jonathan Goldberg, January 12, 2012

Frieda from Leeds writes: My only son is in his mid-thirties and he is a truly lovely boy with a heart of gold. However, I have to recognise as his mother that he is a boy of simple ways and a loner, who has sometimes been taken advantage of.

He works hard, but his career prospects as a retail salesman are modest.

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Why secrets are sacred when you divorce

By Jonathan Goldberg, December 8, 2011

Jessica from Weybridge writes: My daughter has been married for over 22 years to a successful businessman. They enjoy an enviable lifestyle with homes here and abroad, smart cars, etc. I have three lovely grandchildren. We all thought they were happy together, but we were wrong. My daughter has discovered he is having an affair.

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Trees the root of a dispute

By Jonathan Goldberg, November 3, 2011

Joseph from Maidenhead writes: I am lucky enough to live in a modern detached house with a large garden. My house was originally built on land purchased from a wealthy farmer who was my neighbour, until he died some three years ago.

He was a very nice man, but his widow, I am sorry to say, has become impossible to live with.

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We've found treasure. Can we keep it?

By Jonathan Goldberg, September 27, 2011

Jason from Ilford writes: My beloved father-in-law recently died at the age of 85. He was a Holocaust survivor. He was always good at DIY. My wife, in company with a local builder, was renovating the basement at his home, which he used as his workshop, when they found something extraordinary.

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The DIY way to bring a case to court

By Jonathan Goldberg, August 25, 2011

Annette from Newcastle writes: "My 24-year-old daughter starts a postgraduate course at a London college in the coming term. Together with a girlfriend, she was searching for rented accommodation in west London.
Recently, it seemed that she had struck lucky, using an apparently reputable local estate agent. She inspected a flat for which the landlord was seeking a rent of £375 a week.

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How to recover stolen goods - discreetly

By Jonathan Goldberg, July 14, 2011

Richard from Birmingham writes:

I trade at the top end of the watch business. I happen to be a gay man, but I do not choose to advertise the fact. I am now facing a terrible dilemma. I was with a younger man for about five years, but we parted company some months ago. When he left, he stole from my safe at home three rare and beautiful antique watches of extremely high value.

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The law can collar a dangerous dog

By Jonathan Goldberg, June 16, 2011

Gillian from Totteridge writes: I was exercising my dog on local parkland last week. She is a small Highland terrier. She was playing happily when an Alsatian suddenly attacked her. Both dogs were off the lead. By the time I was able to separate them, my dog had sustained serious bite injuries, and I myself was almost knocked off my feet by the ferocity of the Alsatian.

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Ahava protesters and a point of law

By Jonathan Goldberg, May 19, 2011

Ben from Hove writes: As an ordinary lay person, I am baffled by the fact that well-organised pro-Palestinian protesters were able to close down the Ahava shop in Covent Garden by invading it and chaining themselves to a specially adapted concrete tube, and that a similar group burgled and trashed and temporarily shut down an entire factory near where I live last year.

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The right way to deal with a will

By Jonathan Goldberg, April 7, 2011

Heather from Glasgow writes: My elder brother died recently in his early sixties, after a long illness. He was a successful author and academic, and his books sell well. One is the leading textbook in its field. He spent much of his life teaching in American universities, but he came back to die in the UK and never renounced his British citizenship.

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Viewers want to see The Promise... in court

By Jonathan Goldberg, March 14, 2011

Elaine from Bournemouth writes: I am incandescent with anger after watching The Promise on Channel 4 with my father. My father fought in the British Army during World War Two. Later he was a volunteer in Israel's War of Independence. He witnessed at first-hand some of the events depicted in this series.

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An insanity plea may be a crazy option

By Jonathan Goldberg, February 3, 2011

Anthony from Oxford writes: I have been following with keen interest reports about the recent shooting in Arizona of the Jewish Congresswoman, Gabrielle Giffords. She survived the attack in which many other bystanders were killed by a lone gunman. I have read that he is now reportedly planning an insanity defence at trial. What are the limits of such a defence, and would it be open to him equally in the UK?

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Tough decisions for business partners who fall out

By Jonathan Goldberg, December 29, 2010

Philip from Bournemouth writes: Ever since we were small boys growing up together, I have been extremely close to my cousin. Some 12 years ago when our children had grown up and were off our hands, and we had each been made redundant by a large company, we opened as partners together in a home catering business. We never bothered with any written partnership agreement.

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A wild party, but where were the parents?

By Jonathan Goldberg, November 26, 2010

Natasha from Hampstead writes: My 14-year-old daughter was invited to a birthday party by one of her schoolfriends held on a Saturday evening in a large house in one of the best roads in north London.

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Can I sue over smelly feet slur?

By Jonathan Goldberg, October 22, 2010

This week I thought I would answer the three funniest questions I have received recently.

Hava from Hendon writes: I was trying on shoes recently at a crowded and expensive shoe shop in the West End. I could hardly believe my ears when the girl assistant, who could not have been more than 17, said to me: "If you don't mind my saying so, you do have rather smelly feet". I complained to the manageress, who was embarrassed and mumbled some apology, then I walked out. I am sure other shoppers heard this comment. Can I sue the store for libel?

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Protect your assets… from your partner

By Jonathan Goldberg, September 21, 2010

Leah from Netanya writes: I'm very worried for my niece in London. She is a brilliant and vivacious girl, but frankly rather scatter-brained. She is now 51, and was divorced a few years ago after a long marriage. She has teenage boys. On the recent death of her father, who was my elder brother, she inherited a truly enormous fortune. This includes numerous residential and commercial properties which require management, renovation and upkeep. She has taken up with a man who is 16 years younger, and they live together.

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Help me get my old dad off the road

By Jonathan Goldberg, August 19, 2010

Hilda from Kensington writes: My beloved father is now approaching 80 and has been driving all his life. He has a larger than life, dominating and stubborn personality. He was very successful in business until his retirement. He lost my mother two years ago and I am his only child. He is vain, and unwilling to come to terms with his age. He refuses to move from his six-bedroom suburban house or change his Rolls Royce for a smaller car, and he colours his hair.

I am telling you all this frankly so you understand the kind of man he is, and the problem I have.

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We're losing our grandchildren

By Jonathan Goldberg, July 28, 2010

Elizabeth from Leeds writes: "My husband and I are proudly Jewish but not especially observant. Our youngest son married a non-Jewish girl who converted to Judaism at that time via the Reform Synagogue, and who agreed to raise the children as Jewish. Nobody forced her into this decision, I must emphasise.

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Assisted suicide: a very grey area

By Jonathan Goldberg, July 1, 2010

Rebecca from Cardiff writes: My elderly friends have an unmarried son aged 43 who has recently been diagnosed with motor neurone disease. The prognosis is awful. He may live for as long as 10 years apparently, but between one and two years is more likely. He will end up as a quadriplegic, totally dependent on others for his daily care and hygiene. Death when it comes will be painful if unassisted, and will most likely be by inability to breathe or swallow. There is no known cure.

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Save cash - let the Beth Din be the judge

By Jonathan Goldberg, May 27, 2010

Joseph from Ilford writes: I am an insurance broker. The landlord of my commercial premises is threatening me with High Court litigation arising from a long-running and angry dispute between us. He claims increases of rent and/or seeks to forfeit my lease because of clients parking on the forecourt. I say that he has failed to keep the entrance and common parts in a clean and decent condition, such that I am losing business. We are both observant Jews. Could an arbitration by the Beth Din be appropriate, and is it binding?

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The law for security volunteers

By Jonathan Goldberg, April 8, 2010

Amir from Golders Green writes: Perhaps because of my service in the Israeli Army, I am regularly asked to do security duty on Shabbats and festivals at my synagogue. We have been given little training or instructions, and I would like to know what (if any) lawful powers I have if there were some real incident.

Amir your question is an important and timely one. I wonder how many of the dedicated volunteers guarding our synagogues and communal buildings have any real clue.

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