Legal Updates

A final update before the new Supreme Court replaces the House of Lords

On 30 July the current highest Court in the land, the House of Lords, made its last decision in the Debbie Purdy case. The Court heard Mrs Purdy’s plea for clarity in the law on assisted suicide. Because of the Law Lords’ decision, new guidelines will be published on 23 September regarding the prosecution of people who help others to commit suicide. Following this case the Law Lords have now passed into history. From October the new Supreme Court will make decisions on difficult areas of law. The change has been justified as a necessary modernisation, but there is some concern that this new Court may use its more extensive powers to oppose the will of Parliament.

Annette Goss, Lorraine Richardson and Michael Taylor.  Published by The Law Society.  ISBN-13: 978-1-85328-938-5.

This is an excellent book written by a District Land Registrar, a practicing Solicitor and an Assistant District Land Registrar, respectively.

It was specifically written to provide Legal Secretaries and support staff in Solicitor’s offices with practical information and guidance in the completion of conveyancing forms and other conveyancing documents, which it does clearly and concisely.  One of the authors, apart from being a practicing Solicitor, has a wealth of legal training experience, and this shows in the way in which the book takes each part of each form and document in turn and shows exactly how it should be completed.

As we are currently experiencing one of the worst recessions for many years, most companies are finding it hard to deal with the everyday decisions and financial hardship that seem to be part and package of these times. Much of the financial hardship appears to be as a result of other companies encountering difficulties over settling their bills, and this can even lead to the companies becoming insolvent. In turn, companies who had released goods to these companies on credit terms find that they are out of pocket when the company becomes insolvent.

In 1998, a decision was made that was seen as very controversial at the time – to abolish the right to legal aid in personal injury law cases. This eventually came into effect in 2000. The main reason this cut-off was deemed necessary was because an average of 700,000 claimants a year in this area of law alone meant that the cost to the public purse was soaring out of control.

Bureaucracy seemed to have a role to play in this abolition too, with many successful claimants finding that once they had covered the statutory payments that were required to settle all costs, there was very little in the way of compensation left for them. It would seem that the claimant was getting a far better deal if they lost, as in these circumstances legal aid would cover all applicable costs. Moreover, this scheme was seen as being completely inflexible.

Earlier this year we covered the law surrounding assisted suicide, and at that time we did state that more definite clarity was required for people who wanted their loved ones to accompany them on trips abroad. The Suicide Act 1961 already clearly states that if anyone aids, abets, counsels or procures someone else’s suicide, they could face a term of imprisonment of up to 14 years. Therefore we are all aware of how the law works with regards to this country; however, it was how this Act of Parliament would extend to cover people travelling to the Dignitas Clinic in Switzerland that everyone was keen to ascertain.

A review of recent problems in relation to wills, succession and inheritance

In recent years a number of concerning trends have developed in the area of wills and probate. In this article we will consider the latest figures on estate planning in England and Wales. We will also look at the impact untrained and unregulated will writers are having on this area of legal practice.

Will and Estate Planning

The people of England and Wales are surprisingly complacent about the importance of making a will. A recent survey revealed that only 41 percent of the adult population have an up-to-date will. In addition, about one-third of people who responded to the survey said they had no intention of ever making a will. Fiona Woolf, former president of the Law Society, neatly summed up the importance of making a will:

New laws are needed all the time to reflect the changes in social conventions and what society considers acceptable. The activities or choices of people that may have been intolerable to others 50 years ago may now be widely acceptable, and laws need to evolve to accommodate the changes in society.

Old laws can become outdated and need to be reformed. The Government may bring in new laws in line with its policies, and sometimes new laws need to be made in order to act in accordance with international or European law.

There have, in recent years, been mounting calls for the creation of a new free-standing Supreme Court. This court would separate the highest appeal court from the second house of Parliament (the House of Lords). On 12 June 2003 the Government announced its intention to do so, and eventually the Constitutional Reform Act 2005 was enacted. This Act paved the way for the creation of a new Supreme Court for the United Kingdom. Below we examine the existing system and consider what will change (if anything) when the new Supreme Court opens for business this year in October.

The Existing System – The House of Lords

Dealing with a public body can become a very awkward and frustrating process. Indeed, it often feels as though such an entity is a law unto itself. People can become confused as to whether or not they are able to pursue any official action against such an organisation when they believe that it has acted unlawfully in some way.

Is there some form of action that you can take if you find yourself in this situation? The simple answer to this question is ‘possibly’.

First, though, it is necessary to consider what is meant by the term ‘public body’. This category would include the following:

With so many different classifications of assaults, it can often be very confusing to determine the actual extent of an offence that may have occurred. To do so, it is necessary to consider a number of crucial aspects. These include the level and nature of any injuries sustained (i.e. the actus reus) and the offender’s intention to inflict these injuries in the first instance (i.e. the mens rea).