All News articles – Page 1605
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News
The ins and outs of obtaining information relating to debtors
It is a well-known scriptural principle that ‘unto every one that hath shall be given… but from him that hath not shall be taken away’. Extracting assets from the hath-nots, however, is not always easy, as the recent decision of the Court of Appeal in Broomleigh Housing Association Ltd v ...
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Older partners - deciding when it's time to go
James Davies makes a number of good points in his discussion of retirement ages for partners. Certainly firms should consider the implications carefully before either retaining or abolishing a retirement age, not least because of the messages it sends out about the firm. As we have seen in other areas ...
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RSPCA victory in disputed will
The RSPCA has won an appeal in a dispute over a testator’s intentions where he left assets ‘up to the inheritance tax threshold’. George Mason, who died in June 2007, had written a will leaving ‘the maximum’ that could be free of IHT to his ...
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Facing the sack
Christmas cards – of the paper variety, not the pert and pointless email attachments that fill up mailboxes and nobody ever clicks on – have long been a civilised method of sending seasonal good wishes. But one pressure group, Justice for All, has spotted the opportunity they represent for making ...
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Family law
Administration of justice – Human rights – Jurisprudence – Children’s hearings Principal reporter v K: SC (Lords Hope (deputy president), Rodger, Kerr, Dyson, Lady Hale): 15 December 2010 The appellant ...
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Remembering Lord Goddard
I have always enjoyed articles in the Gazette by James Morton, including a recent item about judges. I first saw Lord Goddard in the late 50s, while an articled clerk in London. I often dropped in to the Royal Courts of Justice for a bit ...
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Human rights
Detention – Drug trafficking – Right to life – Death of drug smuggler Ayesha Al Hassan-Daniel (in her own right and as representative of the estate of Anthony Daniel, deceased) & Anor (appellants) v Revenue & Customs Commissioners (respondent) ...
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Human rights
Local government – Penology and criminology – Declarations of incompatibility Peter Chester v (1) Secretary of State for Justice (2) Wakefield Metropolitan District Council: CA (Civ Div) (Lord Neuberger (MR), Lords Justices Laws, Carnwath): 17 December 2010 ...
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Keep your wig on
There is nothing the papers love more than an eccentric judge, so there was plenty of coverage of Beatrice Bolton’s outburst when she was found guilty of breaching the Dangerous Dogs Act at Carlisle Crown Court last month. London newspaper Metro reported that the 57-year-old judge (pictured), who was told ...
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What mystery shoppers can tell us
The Legal Services Board has commissioned a mystery shopping exercise into the will-writing market to explore the experience of consumers getting wills from different channels and test the quality of wills. The study will recruit 100 consumers who are looking to obtain a will – ...
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Chancery Lane warns against publication of complaints
Reporting the names of lawyers and law firms who have been the subject of complaints by the public will disproportionately affect sole practitioners and black and minority ethnic (BME) lawyers, according to the Law Society. Responding to the Legal Ombudsman’s (LeO) consultation on whether its decisions ...
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Important lessons from the new process for low-value RTA claims
Beset by problems such as delays in providing registration log-ins, several insurers not being registered on the system and countless technical hitches involving the online portal, many have described the new streamlined low value road traffic claims process as a shambles. With the Ministry of Justice introducing the new electronic ...
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Employment
Remuneration - Holidays with pay Russell and others v Transocean International Resources Ltd and others: Supreme Court (Lords Hope DP, Brown, Mance, Kerr and Wilson SCJJ): 7 December 2011 The ...
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My predictions for 2011
This time last year I wrote a blog for the Gazette that predicted a major change in 2010. I suggested that solicitors firms and new legal service providers would be divided into two broad groups – those that used web-based systems to deliver services to clients and those that didn’t. ...
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Students lured by City-style work
Prospective lawyers are most interested in pursuing careers in City-style law, figures from legal careers website All About Law seen exclusively by the Gazette have suggested. An analysis of the advice pages viewed by the 10,000 students registered on the site indicates a preference for corporate ...
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Expert fees for independent social workers ‘irrational’
The Ministry of Justice is putting the welfare of children caught up in complex family court proceedings at risk, organisations representing independent social work (ISW) expert witnesses have claimed. The British Association of Social Workers and others have written to justice secretary Kenneth Clarke to ...
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Are judges getting feisty?
You might expect a court’s annual report to be a pretty dull read. But not so the Court of Appeal’s annual report, released earlier this month, with a forward by the lord chief justice Lord Judge.
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Ministry of Justice backs virtual courts scheme
Video technology will still play an important part in the courts system despite a report criticising the costs of the virtual courts pilot, the government has said. Justice minister Jonathan Djanogly said in a statement that the report on a year-long pilot showed that virtual courts ...
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Bar Council calls for prohibition of referral fees
The Bar Council and the Criminal Bar Association (CBA) have today called for referral fees to be prohibited. In a joint statement sent to the Legal Services Board, which is in the process of deciding whether or not to ban referral fees, the two bodies say ...