Legal Updates

 When you think about how domestic violence was perceived in this country only a few decades ago, it is shocking to acknowledge just how blasé society was in general. In fact, to some degree, it appears to have been regarded as the norm, and this would have represented one of the harshest injustices of the time. Even to this very day, in criminal law, domestic violence does not seem to be tackled in the same way as if you were to simply attack a stranger on the street, for example; the law is still apprehensive about interfering in matters that go on behind closed doors.

New legislation has recently come into effect regarding the punishment of dangerous dogs and their owners. The new guidelines outlined by the legislation serve a dual function. Firstly, they seek to guide the courts in making consistent, strict and fair judgments when it comes to dangerous dog attacks; secondly, they are designed so that these judgments act as a deterrent against further dog attacks. However, who is the legislation really meant to serve and protect?

Once you’ve taken the Oath or given an Affirmation in Court you are legally obliged to be completely honest. If you’re caught out lying you can be charged with perjury, contempt of Court or even perverting the course of justice. Lying under oath can be both a criminal and a civil offence. The punishment could include a fine and/or a jail sentence, depending on what effect the lie has.

The controversial question of euthanasia has been brought to the fore once again in recent months as Tony Nicklinson took his fight for a dignified death to the courts. Last week Mr Nicklinson’s application to the courts was denied, and a week later, after refusing nourishment or medical treatment, he died from pneumonia. This debate, like others that deal with an issue that sits at the crossroads of religious and ethical matters, has brought about both intelligent discussion and a recession into vitriol, hate and judgment.

Insurance Law is a tricky subject – and a very specialised one as well, because commerce and trade depend very much upon it, and therefore sums insured in certain circumstances can be astronomical. Take, for example, the loss that could incur if a large Boeing 757 with 300 passengers aboard crashed in the middle of a city, killing all the passengers and devastating 200 yards square of housing, its occupants, their cars and their furniture. It also affects the pedestrians walking by, the cars, buses, vans and lorries driving through and what have you. No airline could ever cover the loss involved, so they carry insurance to do so.

When the smoking ban finally came into force on 1 July 2007, for the most part, it was quite well received by the English public. After all, England was the last country of the United Kingdom to implement the ban and many other countries (such as Ireland and the United States) had banned smoking in public places many years before.

In our second article reviewing the pending reforms to litigation procedure, we will consider how justice will be accessed under a reformed system.

This article might create a strong sense of déjà vu for any litigator because civil procedure has been here before. The briefest look at history shows that in the last 100 years there have been 63 reports and inquiries into the civil justice system. Most of these reports focused around three perennial problems of cost, delay and complexity. If you have been following the previous Journal articles on litigation, you will already know that the two most recent reports were: - 1) Lord Woolf’s report delivered in 1995, entitled ‘Access to Justice’; and 2) Lord Justice Jackson’s report from December 2009 on civil costs.

When people who should not be in such work manage to slip through the cracks in the pavement and enter professions where vulnerable children or adults are involved, this is an issue that is always guaranteed to create a high level of controversy in society. After all, the vulnerable are the people we should always make every effort to protect the most, and when there has been a breach of trust, this is something we have to learn from and we must ensure the same thing never happens again.

With all of the recent celebrations for the Diamond Jubilee of Queen Elizabeth II, we Brits were able to remind ourselves of the fact that we have the most popular monarch in the whole world as our head of state. Indeed, other kingdoms around the world have felt a certain amount of envy as they watched our country celebrate with what we are best known for: pomp and ceremony. As for the republics in the world, let’s face it, we all know how certain countries love to lap our royal family up, and you definitely get the sense that these countries can regret their republican status at such times.

As citizens of the United Kingdom we can take pride in the fact that we live in one of the most liberal and tolerant societies in the whole world. This is one of the most fundamental reasons why so many people are attracted to the idea of coming to live here. Generally, British people really do try to be open to the cultures from other parts of the world, and the term ‘multiculturalism’ aptly describes the way in which people from many different backgrounds are able to live perfectly harmoniously.