Legal Updates

Annette Goss, Lorraine Richardson and Michael Taylor.  Published by The Law Society.  ISBN-13: 978-1-85328-938-5.

This is an excellent book written by a District Land Registrar, a practicing Solicitor and an Assistant District Land Registrar, respectively.

It was specifically written to provide Legal Secretaries and support staff in Solicitor’s offices with practical information and guidance in the completion of conveyancing forms and other conveyancing documents, which it does clearly and concisely.  One of the authors, apart from being a practicing Solicitor, has a wealth of legal training experience, and this shows in the way in which the book takes each part of each form and document in turn and shows exactly how it should be completed.

As we are currently experiencing one of the worst recessions for many years, most companies are finding it hard to deal with the everyday decisions and financial hardship that seem to be part and package of these times. Much of the financial hardship appears to be as a result of other companies encountering difficulties over settling their bills, and this can even lead to the companies becoming insolvent. In turn, companies who had released goods to these companies on credit terms find that they are out of pocket when the company becomes insolvent.

In 1998, a decision was made that was seen as very controversial at the time – to abolish the right to legal aid in personal injury law cases. This eventually came into effect in 2000. The main reason this cut-off was deemed necessary was because an average of 700,000 claimants a year in this area of law alone meant that the cost to the public purse was soaring out of control.

Bureaucracy seemed to have a role to play in this abolition too, with many successful claimants finding that once they had covered the statutory payments that were required to settle all costs, there was very little in the way of compensation left for them. It would seem that the claimant was getting a far better deal if they lost, as in these circumstances legal aid would cover all applicable costs. Moreover, this scheme was seen as being completely inflexible.

When you think of serious negligence cases, you might consider road traffic accidents, accidents at work or careless professional advice. What would not necessarily come to mind would be someone tripping on his or her shoelaces and causing a spectacular amount of damage.

Nick Flynn, who admitted to having a “Norman Wisdom moment”, managed to bump into three 17th century vases, reducing them to a jumble of broken porcelain. The accident occurred at the Fitzwilliam Museum in Cambridge. The antique vases were from the Qing dynasty, and the largest of the three was 32 inches tall and weighed nearly 100 pounds. With an estimated value of between £200,000 and £300,000, this was a serious incident by anyone’s standards.

Earlier this year we covered the law surrounding assisted suicide, and at that time we did state that more definite clarity was required for people who wanted their loved ones to accompany them on trips abroad. The Suicide Act 1961 already clearly states that if anyone aids, abets, counsels or procures someone else’s suicide, they could face a term of imprisonment of up to 14 years. Therefore we are all aware of how the law works with regards to this country; however, it was how this Act of Parliament would extend to cover people travelling to the Dignitas Clinic in Switzerland that everyone was keen to ascertain.

A review of recent problems in relation to wills, succession and inheritance

In recent years a number of concerning trends have developed in the area of wills and probate. In this article we will consider the latest figures on estate planning in England and Wales. We will also look at the impact untrained and unregulated will writers are having on this area of legal practice.

Will and Estate Planning

The people of England and Wales are surprisingly complacent about the importance of making a will. A recent survey revealed that only 41 percent of the adult population have an up-to-date will. In addition, about one-third of people who responded to the survey said they had no intention of ever making a will. Fiona Woolf, former president of the Law Society, neatly summed up the importance of making a will:

Before the mid-nineties, when suspects were being questioned by the police in relation to an offence, they had a definite right to remain silent. However, this was changed somewhat with the introduction of s.34 of the Criminal Justice and Public Order Act 1994. Although this statutory provision does not usurp this right altogether, it does set out some fundamental criteria that can be relied upon by a magistrate or jury when they may feel that a defendant should have been more cooperative at the time of the police interview. As a consequence, they can then go on to draw adverse inferences from this silence.

New laws are needed all the time to reflect the changes in social conventions and what society considers acceptable. The activities or choices of people that may have been intolerable to others 50 years ago may now be widely acceptable, and laws need to evolve to accommodate the changes in society.

Old laws can become outdated and need to be reformed. The Government may bring in new laws in line with its policies, and sometimes new laws need to be made in order to act in accordance with international or European law.

A recent decision by the House of Lords to overturn an earlier Court of Appeal ruling on holiday accrual during sick leave has left the business world and employment law solicitors wincing. On appeal, Keith Ainsworth won his case for the entitlement to holiday pay while he was on sick leave from his employment with HM Revenue and Customs.

Since this ruling was made by the Law lords on 10 June 2009 many people have voiced very strong opinions over the possible consequences. The primary concern would appear to be that the potential financial implications involved here could be the final nail in the coffin for some already struggling employers.

It is fair to say that there is a lot of disillusionment with our Parliament and with certain aspects of the UK constitution at the moment. There are many who feel that our system is weak, and that this has been proven over recent months as so many elected representatives to our Parliament have used their position for their own financial gain and, in some circumstances, to help out members of their own families.

One thing is clear and that is the fact that UK citizens have clearly had enough! Nothing could have demonstrated this any more plainly than the shocking results that emerged from the European Parliamentary elections. Not only was Labour relegated to third place, in terms of the number of votes received, but also clear and, in some cases, extreme opinions were communicated by way of the parties who won seats to the new EU Parliament.