Legal Updates

The law surrounding the doctrine of doli incapax has always proven to be extremely controversial, and not just in England. No doubt every single country in the world has deliberated over the age at which a child should be presumed to know that he/she is culpable of wrongdoing to the same extent as an adult. However, where England is concerned, there are reasons that the Liberal Democrat Party is calling for the age of criminal responsibility to be raised.

An examination of the rule for settling civil claims – Part 36 of the Civil Procedure Rules

Recent announcements by the government have confirmed that later this year there will be major changes to parts of the Civil Procedural Rules (CPR). This month we will examine Part 36 of the CPR, which deals with how Claimants and Defendants can bring legal proceedings to an early conclusion. Although this can be a complex area of practice, the principles are rooted in common sense and the overriding objective of the CPR (legal proceedings should be quick, cost effective and just).

The Legal Services Act 2007 could potentially represent the most significant change ever seen to the legal industry in this country. There is no denying the fact that many of the already established legal firms are slightly apprehensive over the introduction of certain provisions of this Act, and with good reason, as the whole ethos of their company and the way in which they carry out their business is likely to be brought into question, once these new laws finally come into effect. The specific legislation to which we are referring in this article is provided for under part V, ss. 71 to 72 of the Act.

We consider when it is right to take a small claim and look at a number of tips to help you succeed.

In last month’s journal we considered the impact of the proposed increase to the small claims regime. One major effect is that it will be more important than ever to have a good understanding of civil litigation. If you have completed the Diploma course, you will be aware of the principles of litigation and this article may be a timely reminder. If you are yet to complete your Diploma, we will outline some top tips to consider when dealing with a potential claim.

Following a mystery shopping exercise and report from Dr Dianne Hayter (Chair of the Legal Services Consumer Panel), some extraordinary and frightening statistics have emerged regarding the validity of wills – be this through a will writing service or even a Solicitor – all types of providers are often supplying a totally substandard service in this regard. In fact, it has been reported that as many as one in five wills that were thought to have been prepared professionally, may actually be invalid. Even the firms of Solicitors that were assessed showed an equal rate of invalidity to the will writing services, and these findings are quite rightly thought to be completely unsatisfactory.

Will the proposed increase of the small claims limit spell trouble for the ‘man in the street’?

Ever since the highest court in the country changed from its title of the House of Lords to The Supreme Court, back in October 2009, it would seem that there has been a concerted effort to modernise our judicial system from the top down. This could certainly be said of the fact that on 16 May 2011, Supreme Court judgments were televised for the first time through Sky News.

Is this merely copying the United States of America, with their propensity to glamorise and televise their judicial system, or is there a genuine requirement for the hearings of the Supreme Court to be aired to the general population as a whole? This is an issue we will attempt to address within this article.

Recent case law highlights the importance of understanding how property can be held jointly

Whenever property is jointly owned, there is the possibility of disagreement. The ongoing case of Kernott v Jones [2010] provides, in the words of Lord Justice Wall, “a cautionary tale” to all unmarried couples and the solicitors who advise them.

If you have already completed the Diploma course, you will be aware that there are only two ways to hold property in England and Wales – as a joint tenant or as a tenant in common. With only two options, you would think that couples entering into the world of home ownership should always get suitable legal advice. Unfortunately, this is not the case and it can be a very costly mistake.

For those of you already familiar with constitutional and administrative law, the ‘West Lothian Question’ will no doubt bring forth a frustrated sigh of recognition as you remember covering it in your legal studies. For those of you unfamiliar with this important point that affects our country’s democracy, allow me to explain as succinctly as possible.

The West Lothian Question was first raised in the House of Commons as far back as 1977, when Parliament was already discussing the possibility of a devolved legislature for Scotland. It was actually a Scottish Member of Parliament that questioned the fairness of non-English MPs being entitled to have a say over legal matters that were only ever likely to affect English constituents. That person was Tom Dalyell and at the time he represented the constituency of West Lothian.

If you have been following this section over the past year or so, you will have noticed how there has been a concerted effort to report on the issues of employment law that are being affected by the economic difficulties being faced within the country. In fact, some previous articles have gone so far as to make predictions on what might be expected in this regard; alas, it would seem that many of these assertions are now coming to fruition.

At a time when most small and medium-sized businesses are really struggling to keep their heads above water, it cannot be helpful that changes in employment law see these hard-pushed employers having to dip even deeper into their pockets to cover escalating financial obligations: anything from paternity/maternity pay to an extra bank holiday this year - leading to a very unproductive three-day week.