Legal News

Family

In N v F the court considered pre-acquired wealth after a long marriage and included more than half of the pre-acquired wealth in the pot and Mostyn J followed the approach of Wilson LJ adopted in Jones v Jones [2011] EWCA Civ 41:  

  • 1. The court should first decide whether the existence of pre-marital property should be reflected at all. This depends on questions of duration and mingling.

  • 2. If it does decide that reflection is fair and just, the court should then decide how much of the pre-marital property should be excluded. Should it be the actual historic sum? Or less, if there has been much mingling? Or more, to reflect a springboard and passive growth?

  • 3. The remaining matrimonial property should then normally be divided equally.

  • 4. The fairness of the award should then be tested by the overall percentage technique. A party’s needs has a great impact on how the property is divided.

Posted On : March 29 , 2011

 

Immigration

"The government unveiled new immigration rules on 16 March 2011 that will give wealthy entrepreneurs a ‘fast-track’ route to settling in the UK.

It also published a policy statement outlining how the new 'exceptional talent' route under Tier One of the points-based system will operate from April this year.

Under the new rules, those who come to the UK and invest £5m will be allowed to settle here after three years, and those who invest £10m or more will be allowed to settle after two.

Entrepreneurs will be able to settle in the UK more quickly if they create 10 jobs or turn over £5m in a three-year period. This compares with the minimum five-year requirement currently in place.

The government also announced the creation of a new visit visa for prospective entrepreneurs, allowing them to enter the UK to secure funding and make arrangements to start their business.

Those seeking to come into the UK under the Tier One Exceptional Talent category, which facilitates the entry of up to 1,000 people a year who are recognised as leaders in the fields of science, arts and humanities, will not need to be sponsored by an employer but endorsed by an accredited competent body.

Those admitted under this category will initially be granted leave of three years and four months, but will be able to extend their stay for a further two years, with settlement available after five years.

Immigration minister Damian Green said: ‘Today I have sent out a clear message - the UK remains open for business and we want those who have the most to offer to come and settle here.

‘Entrepreneurs and investors can play a major part in our economic recovery and I want to do everything I can to ensure that Britain remains an attractive destination for them.’"
 

Source: Law Society Gazzette

Posted On : March 23 , 2011

 

Employment

Risk assessments by employer is paramount in deciding damages to an injured employee.

 

Mr Uren was a member of the RAF who suffered a spinal injury when taking part in a ‘health and fun day’, during which he dived head first into an inflatable pool containing water with a depth of 18 inches while competing to collect pieces of plastic fruit.

 

Uren v Corporate Leisure (UK) Ltd and Ministry of Defence

For further information see: 

http://www.lawgazette.co.uk/in-practice/uren-v-corporate-leisure-uk-ltd-and-ministry-defence

Posted On : March 15 , 2011

 

Personal Injury

Justice ministry hopes to remove clinical negligence from legal aid and make claimants pay fees and premiums out of damages
For further information see: http://www.guardian.co.uk/law/2011/mar/03/nhs-injury-compensation-claims-reforms

Posted On : March 3 , 2011

 

Family

Supreme Court has made a ruling that shouting at a partner/spouse/boyfriend or girlfriend constitutes violence and that the victim could apply for remedies such as evicting the abusive partner/spouse/boyfriend or girlfriend.
For further information see: http://www.familylaw.co.uk/articles/UKSCDomesticViolence27012011-865

Posted On : January 27 , 2011

 

Mediation

All parties in family disputes will be required to attend a mediation awareness session before taking their case to court from 6 April, unless there are allegations of domestic violence or child protection issues.
The parties should use an accredited mediator. They may be able to ‘escape’ this requirement because of the shortage of properly accredited mediators.
For more information see: http://www.lawgazette.co.uk/news/mediator-shortage-looms

Posted On : March 3 , 2011