Legal Updates

When studying Land Law, few students expect to come across what ordinary people might regard as legalised theft. The part of the law I am referring to is known as adverse possession, which can allow a squatter to obtain rights over land – commonly referred to as ‘squatter’s rights’. This concept may seem controversial, but it is based on the notion that unused land does not benefit society as a whole. In other words, on some occasions it is better for everyone that a limited resource like land should be used by someone rather than by no one. 

The basic rules for someone to gain adverse possession are that they must prove the following:

On 21 January 2013, the Children’s Rights Alliance for England (CRAE) published its ‘Review of Government action on United Nations’ recommendations for strengthening children’s rights in the UK’. The report criticises the Government for failing to implement the changes recommended in a 2008 report by the United Nations Committee on the Rights of the Child – changes which, in 2010, the Government had committed to take into consideration when enacting law and policy. 

Buying and selling a property has long been regarded as one of the most stressful things you will ever do in life. After all, you are dealing with the most important and costly financial asset you are ever likely to own, and you want any such conveyancing transaction to go as smoothly as possible. Of course one hopes the instructed conveyance firm will be able to deal with the transaction as professionally and expeditiously as you deserve; however, according to the Legal Ombudsman, in an increasing number of cases this is not proving to be the reality.

During the Queen’s Speech of May 2012, an announcement was made regarding a new bill of law that is aimed at improving the lives of children and families. The bill seeks to implement plans that will permit parents to share parental leave, enabling the father to also take time off during a maternity leave, for example. The bill also proposes to make the process of adoption easier for international families. Along with these changes more options are to be made available for children who have special educational needs. And finally the bill seeks to improve the level of access fathers have to their children after a divorce.

A topic that has been in the news a lot recently is the question of whether prisoners should be allowed to vote in the UK. The European Court of Human Rights has ruled that preventing prisoners from voting essentially denies them their human rights and is therefore against the law. In our society, there is a variety of opinions on this matter, and while Prime Minister David Cameron is vehemently opposed to the idea, Parliament is set to debate this question and make a ruling. 

So, what is the answer to this question? Should all prisoners have a blanket right to vote, or should everyone in prison be equally denied the opportunity to vote? Or is there another solution, whereby the right to vote is dependent on the nature of the prison sentence, with certain prisoners – depending on their crime and sentence – given the right to vote? 

 “Making a will is something everyone should do. It is one of the most important actions that individuals take. We should be able to have confidence in those who advise and draft documents for us.” This advice came earlier this year from Mr David Edmonds, Chairman of the Legal Services Board (LSB). The LSB is the new ‘super regulator’ for all lawyers in England and Wales, including Solicitors,  so when its Chairman speaks, those in legal practice should listen. 

At long last, the Government has recognised the fact that the vast majority of the population are looking for a much higher level of protection when it comes to confronting intruders during a burglary. Perhaps now we will be less likely to be identified as criminals simply for protecting our loved ones and belongings.

The new Justice Secretary, Chris Grayling, outlined his plans to provide homeowners who are the victims of burglary with more protection under the law if they injure the intruders in the heat of the moment. He stressed that the current law and test on ‘proportionality’ do not go far enough, leaving most homeowners afraid to use any level of force to protect what is dear to them. In short, most of the population of this country would agree that the law appears to be firmly stacked on the side of the criminal rather than the victim.

Following the Energy Act 2011, a new government initiative known as the Green Deal is due to become active on 1 October 2012. This is designed to install new green technology into homes without the owner having to pay an upfront cost. Instead, the costs are paid back through your energy bill over a period of time. There are a whole range of improvements that can be claimed, including double glazing; cavity wall and loft insulation; gas and oil boilers; and renewable technologies such as solar PV, solar thermal and heat pumps. 

Following the tragic and shocking murders of two policewomen in Greater Manchester – Fiona Bone and Nicola Hughes – that old debate of whether capital punishment should be brought back has been reignited for the murder of police personnel. Aside from a small number of sick people who decided to pay tribute to the killer through social media sites, the vast majority of the population of the country were shocked to the core when this terrible news reached their ears.

 When you think about how domestic violence was perceived in this country only a few decades ago, it is shocking to acknowledge just how blasé society was in general. In fact, to some degree, it appears to have been regarded as the norm, and this would have represented one of the harshest injustices of the time. Even to this very day, in criminal law, domestic violence does not seem to be tackled in the same way as if you were to simply attack a stranger on the street, for example; the law is still apprehensive about interfering in matters that go on behind closed doors.