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Legal Updates

Family Practice: Time for a change? – No fault divorce

This month we are examining the impact of a recent Court of Appeal decision on the divorce petition of Mrs Tini Owens. The Court of Appeal have, in refusing Mrs Owens’ divorce petition, buried the possibility of a couple divorcing on a no fault basis.

Land Law – Rent Charges

Rent charges have existed since the 13th century and have traditionally provided an income for landowners who allowed their land to be developed. It would be fair to say that in recent years, rent charges have not been a major feature of any conveyancing transaction, but that may be set to change. There have been a number of cases recently where private investment companies have been imposing heavy financial penalties on homeowners for non-payment.

The Future of Digital Conveyancing

Modern technology has simplified many aspects of our lives, both personally and commercially. It has been possible to shop or take out contracts and arrange finance electronically for some years now. However, the conveyancing industry has been slow to adapt to, or to adopt, the new technologies available. 

A Summary of the Civil Law Courts of England and Wales

It is important to note that there have been a few changes to the structure of the civil courts system in England and Wales over the past 10 years or so, the most important of which occurred at the very top of this hierarchical chain with a change in name from the House of Lords to the Supreme Court. Also, there have been a few changes to the Family Court that primarily derived from Part II of the Crime and Courts Act 2013.

Should Cohabitors Have Equal Rights?

In days of yore it was so much simpler – you were either married or you weren’t. The sanctity of marriage was the norm. You reached, say, your late teens or early twenties, you got engaged, and then you were married; whether you lived happily ever after was another matter. In those days, in both a sociological and a legal way, marriage was to be supported, and it was.

The Burden of Proof in English Law

If you are studying through the Institute of Legal Secretaries and PAs, you will learn that the burden of proof in Criminal Law cases is set considerably higher than in other areas of law. In fact, there is a requirement for the Crown to prove a case against the defendant beyond all reasonable doubt.

Recent Changes to CON29 Forms: How Do They Affect You?

As of July 2016, the old CON29R form was replaced by the new CON29. But what is the difference between the two forms, and what does it mean for those who are using them? There is certainly a wealth of information that anyone working with the CON29R should be familiar with – especially when considering there are thirty more questions on the new form! 

Can A Contract Be Amended By An Oral Agreement?

If the vast majority of people were asked whether or not a formal contract could be amended simply by way of an oral agreement, they would probably reply with an emphatic “no”. After all, most people who do not claim to hold any legal knowledge will have heard that an oral contract is not worth the paper it’s written on. However, those of us who understand the basics of this law of obligation may well come to a different conclusion.

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