You may have read both in the Times and also the Law Society Gazette (8 September 2014 www.lawgazette.co.uk) of a Judge laying into an advocate solicitor who wore ribbons and medals on his gown during a trial. The Judge said “If ever you appear before this Court dressed as you are I shall exercise my right to decline to hear you”. Keep an eye on this story. This solicitor sounds like quite a character, and I hope that he will turn up before the same Judge in the same Court dressed in exactly the same way. I then…
Read this article in the Financial times weekend section 5 September 2014 www.ft.com Adam Palin writes about the letters from HMRC to the public in August, about the high income Child Benefit charge. The whole situation is confusing and something of a shambles. This is nothing new. HMRC often fire out very distressing letters about overpayments, and threatening all sorts of action and the taxpayer cannot respond. Literally it is often impossible to get a reply to a letter for months or at all, or a phone call and there is a plethora of confusion as to where…
Have a look at article by Jonathan Moules in the September 13/14 2014 Financial Times money section on the rights of interns. (ft.com) The article is well worth reading and reminds you how careful you have to be, and that legal advice should be taken at an early stage when setting up a new business. If an intern carries out work rather than just is taken on for work experience, they are likely to have worker status with PAYE obligations, minimum wage, statutory sick pay, after two years and sometimes less, if there is sexual and racial or religious…
An excellent article in the Financial Times money section September 13/14, 2014 by Adam Palin (ft.com) highlights a common problem, and the article is well worth reading. Just because the ownership of a property changes hands, the tenant cannot be made to accept further burdens without a new agreement. Indeed sometimes if a new owner/landlord insists on this, the tenant can turn it to his advantage by getting out, if the change is serious enough to be called a “repudiatory breach”. Expert advice at an early stage is essential. We would be interested in your comments,…
District Judge Peter Glover, who sits in Dartford, has written an excellent review of the impact of breath test devices on contact in family cases – Law Society Gazette 8 September 2014 (www.lawgazette.co.uk). There is nothing wrong with a parent drinking, and that will not stop him or her seeing the child, but if he is unable to care adequately because of alcohol problems contact is likely to be denied. This problem is not just restricted to fathers. Experience shows that many mothers suffer from alcohol and drug abuse. One tool in the armoury is to seek a direction that…
In an excellent article in the Solicitors Journal (www.solicitorsjournal.com) District Judge Robert Jordan highlights the increased risk of court disruption especially in the family court. The article cannot be improved on when it comes to describing the consequences of misbehaviour which can include being taken into custody, a fine or imprisonment so I will focus on avoiding such a disaster. Especially in the family court huge emotion is involved and sometimes as a deliberate tactic one side will attempt to provoke the other into violent shouting, losing temper, etc. which can easily be directed at the judge, in…
Have a look at a very comprehensive article by Austin Chessell in the 12 August Solicitors Journal (solicitorsjournal.com) focusing on the increasing importance of mediation. With certain exceptions one just cannot go to Court, and the Court will not accept the claim unless a mediator signs the children or financial form. It is important, therefore, when going through the mediation process to make sure that the mediator can be contacted rapidly afterwards because his or her signature may be needed very quickly. If mediation breaks down, often a litigant finds the whole thing was a waste of…
Those Scots not entitled to vote, (such as Scottish servicemen serving in Afghanistan) whichever way would to vote, should by this time have been in the High Court in Edinburgh seeking an injunction. There is a strongly arguable case that it is against their Human Rights to be excluded in voting merely by not physically resident being in Scotland at the time of the vote. The Scottish parliament law could easily be struck down A large number of non-Scots such as Germans and Poles can vote, which adds great strength to the argument. Expert advice is readily…
An excellent article by Sarah Balfour in the solicitors Journal (www.solicitorsjournal.com) highlights the increase in the number of pre-nuptial agreements being signed, and in particular by people who have yet to make their first million. Many people entering into these agreement are on their second or third marriage but gradually the perception of a pre-nup being unromantic and affecting the happy day is disappearing. People perceive them now as a way to avoid an expensive legal battle if the marriage breaks down, and of people marrying now it is said that about half will end up in divorce.…
Studies show that married couples are more satisfied with their life after the age of 70 but interestingly overall alcoholism is one of the most common factors causing a breakdown of a marriage with at least one spouse being said to have abused alcohol in 57% of cases. The study does not say whether the other spouse also abuses alcohol, or indeed what alcohol abuse means. A good article by Francis Gibb thetimes.co.uk is worth a read. There are many forms of alcoholism. One involves somebody who says “I could die for a gin and tonic” upon coming home…
