Legal Updates

Civil Litigation – Proportionality

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.

Conveyancing – The Process is Going to be Easier

Conveyancing Update.jpgThis 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.

The Forfeiture Rule

Forfeiture rule_0.jpegWhat 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.

Negligence Update – Duties of Care and Public Policy

Negligence_0.jpgWhat 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.