Legal Updates

Ever since the concept of proportionality was introduced to legal costs as part of the Woolf reforms in 1999, the courts and legal practitioners have wrestled with what this actually means. As part of Lord Justice Jackson’s package of reforms in 2007 the test was set out in the Civil Procedure Rules (CPR) Part 44. This part of the CPR provided that only costs which were considered proportionate to a case would be allowed.

This month we are considering a further push by the government to make the conveyancing process quicker and cheaper. Currently the home buying process takes, on average, between three and four months from the date an offer is accepted until the transaction is completed. Part of the reason it takes this amount of time is because buyers and sellers can struggle to communicate basic initial information.

This month we are returning to the topic of no-fault divorce. When we last wrote about this, we examined the sad case of Mrs Tini Owens who was not given permission to divorce her husband despite it being an entirely loveless marriage.

This month we are examining the impact of a June 2018 ruling by the Supreme Court on the state of relationships in Britain. More to the point, we are considering how the ruling could lead to a change in the law on civil partnerships.

This month we are considering a case recently heard in the Court of Appeal involving the law of private nuisance. The case is significant because it is likely to affect how those working in conveyancing deal with some of the searches that are obtained when property is purchased.

The key facts of the case were as follows:

The UK’s complex Inheritance Tax (IHT) system could shortly be due for reform depending on the results of a review by the Office for Tax Simplification (OTS). Chancellor Philip Hammond has written to the OTS asking it to review the IHT regime and he said: 

If you have studied ILSPA’s Criminal Law Diploma course, you will remember how many obstacles prosecution lawyers must overcome in order to secure a conviction against a defendant. Different offences have varying conditions to satisfy, and this article looks at the test for dishonesty, which is most often applied to cases involving theft and fraud.

What is the Forfeiture Rule all about? How did it come about? It is based on the fact that it is against the policies of public law to allow convicted murderers to claim an inheritance. The Forfeiture Rule also applies to gifts that have been left in a will for the “criminal” under intestacy rules, as well as to any property belonging to a surviving descendant, and also the benefits of life insurance.

What is the duty of care that a police force owes to the citizens they protect? Should the police be liable if they fail to detect a crime? What if the police fail to act and this causes an injury? Do the police have a duty to protect victims or witnesses of crime? What if the police give a firearm to an officer who is unstable? The answer to all these questions for the most part has been that the police have no duty of care.

Criminal Law is extremely interesting and as with many areas of law, it continually evolves to reflect the morals and ethical standards of society.