Legal Updates

Digital Divorce and Other Electronic Developments

Divorce.jpgMore than 110,000 divorce proceedings were begun in 2015, but soon the bulk of divorces may take place over mobile phones and computers. The Government has continued with the digitisation of various legal processes across England and Wales, and this includes divorce proceeding. HM Courts & Tribunals Service (HMCTS) piloted a scheme last year which enabled people to apply for a divorce online, print off the form and send it to court. In the first week HMCTS received 130 online applications. Susan Acland-Hood, HMCTS Chief Executive, said of the changes: “These measures are drastically cutting the number of applications returned because of errors – streamlining the process and ensuring we are best supporting people going through a difficult and often painful time.”

Legal Rights and the Human Body

It is well known that the number of disputed wills and estates has been steadily on the rise. One aspect of dispute that you might not have expected is the question of what happens to a loved one’s body when they die. The Law Commission, as the body that reviews the law on behalf of the government, has announced in its 13th report on future projects that they may try to set out a modern framework for disposing of the dead. The thinking behind the project is to try and create a clear legal framework to enable the safe and dignified disposal of a person’s remains. It might also better help to respect someone’s wishes as to how their remains are disposed of. 

One issue the Law Commission has highlighted is the fact that the current law does not accommodate new, more environmentally friendly methods of disposal. In addition, the current law is outdated, piecemeal and complex. 

How Things Stand with the Legal Aid Service

It is an unfortunate fact of life that many people in society are not going to be able to afford the cost of legal instruction when something serious crops up in their life. Be this an accusation of a criminal offence or the threat of homelessness due to a recent illness and not being able to keep up with mortgage payments, it really is imperative that a developed nation such as ours helps people out when they potentially face the worst moments of their lives.

What Rights Does Common Law Marriage Confer?

If your studies with The Institute of Legal Secretaries and PAs are taking you in the direction of family law, you will appreciate the types of rights that are available to couples who are divorcing and looking to divide their assets. However, if the title of this article has you scratching your head at this point, due to the fact that you feel there may be more to family law than was originally covered in your course, read on to find out just how redundant the term “common law marriage” really is in England and Wales.

Where does the term “common law marriage” come from?

Government Says No to Marriage Reform

In May last year the Journal reported in an article called “Family Practice: Time for a Change? – No Fault Divorce”, on the Law Commission’s scoping paper “Getting Married”. The Commission’s paper reviewed marriage law in the UK and made several proposals. Despite the paper concluding that the law was badly in need of reform, on 26 October 2017 Justice Minister Dominic Raab wrote to the Commission to say that it was not the right time for a full review of marriage law. Obviously this will be disappointing to those who support the Law Commission’s view that current marriage law is unnecessarily restrictive and outdated. 

The following is a recap on some of the Law Commission’s main findings:

Why the Flexible Court Hours Pilot Has Been Postponed

In this age of austerity, the court system of England and Wales probably knew that at some point it would be closely scrutinised to ascertain whether efficiency savings could be made. Because every single government body is being examined so carefully nowadays, it was only a matter of time until court opening times were evaluated in order to determine whether there was a more efficient way of doing things. This is why the flexible court hours pilot was conceived in an attempt to streamline the court system.

8am to 8pm justice

Should Mediation be Compulsory for all Cases?

In England and Wales mediation has become a common feature of many types of litigation. Sir Rupert Jackson’s 2009 report on civil litigation recommended that the courts can and should in appropriate cases encourage mediation. This may be limited to simply pointing out its benefits or requiring an explanation from parties when they are not willing to meet and/or discuss mediation. However, where a party is found to have unreasonably refused to mediate, they can be penalised in costs by the court.

Pre-action Protocol for Debt Claims

On 1 October 2017 we saw the long-awaited pre-action protocol for debt claims come into force. A pre-action protocol is a set of steps contained in the Civil Procedural Rules that parties must follow before a claim is made. The idea behind having a protocol is to promote early settlement of claims and reduce legal costs. If a party ignores a protocol, then he or she may be subject to a penalty in legal costs allowed by the Court.

Who Regulates our Legal Services?

We tend to place a lot of trust in the legal system. These services are enlisted when our own abilities to negotiate have been dried up, when a significant wrongdoing has been brought against us or even leading up to achieving a milestone (homeownership, launching a new business, etc.). It’s also during times of distress that legal services are required, which makes it even more important to have representatives who can be trusted. But who regulates these professions? This article will outline the regulatory bodies within the legal profession. 

Legal Services Board (LSB)

The LSB is the overarching regulatory board for all regulatory boards that oversee the legal system in the United Kingdom. These regulatory boards will be listed in the proceeding sections, but they refer to any legal regulators. 

21st-Century Wills – Part 2

In August, we considered the Law Commissions’ consultation on how Wills are made in England and Wales. That article reviewed four of eight key proposals, including: 

•    The courts being given greater flexibility
•    Online Wills being allowed
•    The age of testamentary capacity being reduced 
•    How the tests of capacity could be improved 

This month we are looking at four further proposals, namely: 

•    Amendments to the rules of ademption
•    Extending the protection of testators from undue influence
•    Clarifying the rules on revocation of Wills and marriage 
•    Reviewing the rules on deathbed gifts