Last 3 months headlines – Page 1360
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Presumption of death; intestacy and polygamous marriages
There have been some rather unusual recent cases that invite comment. In Bayes-Walker and another v Bayes-Walker and others [2010] EWHC 3142 (Ch) the High Court made a declaration that a missing RAF sergeant was to be presumed dead for the purposes of rights to a ...
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Solicitors facing ABSs must review their options
The profession is at a crossroads and facing some of the most difficult challenges for generations. None are greater than the challenges facing small firms. The pressure exerted by financial institutions, whether professional indemnity insurers, lenders or before-the-event insurers, means ...
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Correction
Our News Focus of 7 April contained the statement: ‘Unlike Jackson, Kenneth Clarke does use figures.’ We are happy to make clear that Lord Justice Jackson’s report included extensive figures in support of its recommendations. We apologise if this sentence ...
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Stop the slaughter
Like many others, I am concerned about the government’s proposals on civil litigation costs. But I felt your call to arms, Join clients in the fight – Slaughter to be a step too far. Perhaps we should try negotiating first? ...
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A law unto itself
I fully endorse the comments of Michael Freeman, regarding the county court system failure in London. Under the Civil Procedure Rules, trial dates are supposed to be sacrosanct, yet my day-long case scheduled for the end of April was cancelled, causing additional expense and anxiety for ...
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Absolute truth
I read with interest Andrea Minichiello Williams’s article on the victimising of Christians. With the exception of the Johns case, which was appallingly reported by the BBC, I agree entirely with everything she says. It may not seem important to many that Christians in this country ...
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Moral high ground?
In 2011, it is frankly crazy for Andrea Minichiello Williams to be making statements such as ‘without Christianity, there can be no morality’ and ‘law cannot be divorced from Christianity’. Furthermore, it is offensive to suggest that secularism is a variant of fascism, as Ms ...
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Domestic violence courts to close
More than one in six specialist domestic violence courts are set to close as part of the government’s nationwide court closures plan, it has emerged. Shadow justice minister Andy Slaughter has tabled a series of parliamentary questions to justice secretary Kenneth Clarke on the impact of ...
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Barristers' chambers will be 'attractive alternative' for litigation
Barristers’ chambers will become an ‘attractive alternative’ to law firms for litigation work, a leading industry commentator suggested this week, after the bar’s regulator decided to remove its ban on barristers conducting litigation. The move will permit barristers to offer a ‘one-stop shop’ service, including both ...
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Insurers 'discriminate' against black and ethnic law firms
Black and minority ethnic (BME) law firms are over-represented in the assigned risks pool – but almost twice as likely as their white counterparts to secure market insurance and leave the ARP, according to research by the Solicitors Regulation Authority. The ARP is the insurer ...
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Persecution claims are undermined by religious privileges
I’ve known for a while that my BBC licence fee is used for religious proselytising in the shape of ‘Thought for the day’, and now I fear my practising certificate fee awaits a similar fate (Andrea Minichiello Williams, ‘Equality law is victimising Christians’). Ms Williams believes ...
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Law firms set to reclaim Legal Services Commission family fees
Law firms may seek to claim back ‘substantial’ sums from the Legal Services Commission following a clarification of its rules governing family fees, solicitors suggested this week. In private law cases involving a ‘significant family dispute’, the LSC’s unified contract with providers requires firms to carry ...
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Police officers give evidence via video link pilot scheme
Police officers are giving evidence to court via a live video link from the police station, under a scheme being piloted by the Ministry of Justice. The scheme is currently being tested between South Norwood Police Station in London and Croydon Magistrates’ Court, and will ...
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Jail for trust probate executive in £100k fraud
A trust probate executive from Hove has been jailed for 30 months for defrauding four elderly women clients out of a total of £100,000. Jacqueline D’Hazzard (pictured), 44, pleaded guilty to four offences committed while she was a trust probate executive at Brighton firm Engleharts ...
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Society appeal to UN over Mexico human rights abuses
The Law Society has written to the UN special rapporteur on the independence of judges and lawyers to call for an end to the ‘atmosphere of impunity’ in Mexico that it claims allows military and state authorities to harass, criminalise and threaten lawyers acting for the victims of human rights ...
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Law firms in the dark over Quinn PII payments
Law firms that took out professional indemnity insurance (PII) policies with stricken Irish company Quinn Insurance are still in the dark about when claims will be paid.
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Will ruling opens way for family claims
Family members who are snubbed in a relative’s will in favour of charities could find it easier to lay claim to the estate following a recent judgment. The Court of Appeal ruled last month that Heather Ilott could request a larger share of her mother Melita ...
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Is it possible, or moral, to safeguard the rule of law while applying it selectively?
The killing of Bin Laden was a cathartic experience for the US, and brought a degree of welcome closure to those bereaved on 9/11. In the US especially, it was an occasion more for celebration than reflection. In the aftermath, however, ...
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Reform plans from coalition on resolving workplace disputes are flawed
by Stephen Levinson, solicitor and partner at RadcliffesLeBrasseur, and a member of ELA’s legislative and policy committee The Employment Lawyers Association (ELA) has responded robustly to government proposals to change the way disputes in the workplace are resolved.
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Cuts to court reporters are bad news for justice
Here’s a spot of philosophy to keep you going during this tortuous four-day week: if a judge speaks but there’s nobody in his courtroom, does he still make a sound? I ask because there are an awful lot of courtrooms now where the press bench is ...