Legal News

Family Law

In the case of MA v JA and the Attorney General [2012] EWHC 2219 (FAM) an Imam conducted a marriage ceremony for a husband and wife; however, the couple were not informed of some of the formalities of the Family Law Act 1996 during the ceremony. This resulted in their application under s 55 of the Act to declare the validity of the marriage being rejected by the Attorney General. 


The declaration was later granted on the basis that the ceremony was of the kind permitted by English law and was in a form capable of producing a valid marriage.

Source: Family Law Newswatch

Posted On : August 16 , 2012

 

Litigation - Personal Injury

Damages in most civil cases including cases which involve suffering, pain and loss of amenity in respect of personal injury; nuisance; defamation; and all other torts which cause suffering, inconvenience or distress to individuals will increase by 10% from 1st April 2013, said The Lord Chief Justice

Source: New Law Journal

Posted On : August 3 , 2012

 

Employment

The Supreme Court made a ruling today that employees cannot be sacked on grounds of age alone as age cannot be linked with competence. Firms or companies must have clear reasons to justify their decision to retire an employee, such decisions should be proportionate to achieving a certain aim, reported by the Times. 


Employers will have to show

1) that the principal aims of forced retirement are legitimate
2) that retirement itself is the only way to achieve those aims. 

In light of this ruling, employers who have direct age discrimination in their policy are strongly advised to review this. Should you require legal advice on this issue, please contact us today. 


Posted On : April 30 , 2012

 

Wills & Probate

The government has introduced legislation to reduce the rate of IHT for those leaving 10% or more of their estate to charities. 


To encourage people to leave part of their estate to charity, IHTA84/Sch1A provides that where at least 10% of a person’s net estate in form of a legacy of a specific amount, a share of the residue, or a share of the estate that is quantified or component of an estate is left to charity, the rate of tax charged is reduced to 36% from 40%. 

For further information as to how your estate can benefit from this, please do not hesitate to contact us. 

Source: HMRC

Posted On : April 30 , 2012

 

Property

Peter Burton paid only £1.00 to register his right to the lordship of the manor of Ireby which was challenged by the villagers.

Mr Simon Brilliant, a Land Registry adjudicator, ruled that because the title had lapsed, Mr Burton could not call himself "Lord of the Manor of Ireby" but Mr Burton and Ms Bamford's title to the fell, which surrounds his home and is registered as common land, could remain in their names as it would serve "no useful purpose" to overturn the Title and that "it is far better that the fell should be owned than left in limbo".

The five villagers' appeal against the decision was rejected by the High Court on 17th April 2012; they consequently face costs of about £650,000. The court order effectively gives Mr Burton "the right to stop villagers parking by their homes and order them to tidy up outside", reported by the Times Law.

Posted On : April 23 , 2012

 

Child Protection

Chana al-Alas and Rohan Wray were accused of causing the death of their child in a shaken-baby case. However, after a double bereavement when their second child was taken from them at birth and put into care for 18 months, the court found that the first child had undiagnosed rickets which were likely to have caused the fractures in his skull; this condition is caused by a vitamin D deficiency.

Mrs Justice Theis found that the allegations against the parents were not proven and ordered their second child, a daughter, be returned to them.

This case will be a turning point in how shaken-baby cases are approached in the future by considering vitamin D deficiencies.

Reported by the Times Law

Posted On : April 23 , 2012

 

Wills and Probate

Some law firms have started to encourage their clients to leave their usernames and passwords in their Wills as according to the terms and conditions of various online services such details cannot be passed to the next of kin and the accounts cannot be closed.

The Times has stated that Facebook and MySpace allow close family to shut down or otherwise "memoralise" profiles, meaning the account is frozen but preserved indefinitely. Yahoo does not grant access at all. Google requires a court order from a US court of law before passing details of a deceased person's e-mail. 

Source of Information: The Times, 13 October 2011

Posted On : October 14 , 2011

 

Employment

From 1 October 2011 Agency Workers have new rights as set out below:

1. From day one - entitlement to equal treatment: agency workers can have access to 
    1.1 shared facilities and amenities, or services provided by the hirer
     1.2 information on current vacancies of the hirer

2. After 12 weeks - agency workers are entitled to the same basic terms and conditions in respect of
    2.1 basic pay including holiday pay, overtime and bonuses linked to performance
    2.2 duration of working time - for example not having to work more than 48 hours a week if those directly recruited   are not 
    2.3 annual leave
    2.4 night work
    2.5 rest breaks and rest periods

For more information please see: http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_198913

Posted On : October 10 , 2011

 

Employment

Under the current rules, employee must have been with an employer before they can make a claim for under dismissal. This qualifying period will be increased to two years from 6 April 2012.

Source of information: http://www.direct.gov.uk/en/Nl1/Newsroom/DG_199636

Posted On : October 10 , 2011

 

Employment Law

 

Court of Justice of the European Union

Published August 27, 2011

Fuchs v Land Hessen

Case C-159/10

Köler v Same

Case C-160/10

Before President J. N. Cunha Rogrigues with Judges A. Rosas, U. Lomas, A. O’Caoimh and P. Lindit (Rapporteur)

Advocate-General Y. Bot

Judgment July 21, 2011

"The Directive establishing equal treatment in employment and occupation did not preclude a law providing for the compulsory retirement age of permanent civil servants at the age of 65, while allowing them to continue to work, if it was in the interests of the service that they should do so, until the maximum age of 68.

THE court of Justice of European Union ruled

First, that Council Directive 2000/78/EC which established a general framework for equal treatment in employment and occupation did not preclude a law which provided for the compulsory retirement of permanent civil servants, in this instance prosecutors, at the age of 65, while allowing them to continue to work, if it was in the interests of the service that they should do so, until the maximum age of 68, provided that that law had the aim of establishing a balanced age structure in order to encourage the recruitment and promotion of young people, to improve personnel management and thereby to prevent possible disputes concerning employees’ fitness to work beyond a certain age, and that it allowed that aim to be achieved by appropriate and necessary means.

Second, in order for it to be demonstrated that the measure concerned was appropriate and necessary, the measure must not appear unreasonable in the light of the aim pursued and had to be supported by evidence, the probative value of which it was for the national court to assess."

 

Source: the Times August 27 2011

 

 

 

Posted On : September 19 , 2011