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Legal updates

Are all Employment Bonuses Payable?

Bankers’ bonuses continue to generate much comment in particular in certain parts of the press. The entitlement to a bonus is however a contractual issue and the parties to the contract are the employer and the employee. The view of the public is irrelevant. Although there is legislation to provide a national minimum wage, there is no legislation to cap a maximum wage. It is however not only bankers who …Read More

The BBC highlights the risks involved in using unregulated Will Writers

The BBC programme The One Show Wednesday 11 January 2012 highlighted the ongoing issue of Will Writers. Almost totally unregulated and with no legal requirement to be qualified anyone can call themselves a Will Writer. In a report for the One Show, Dominic Littlewood interviewed a member of public who confirmed that she and her husband had paid £1,830.00 for Wills which were faulty and essentially not legally binding. For …Read More

The Government plans to enshrine in law the right of both parents to have access to their children in divorce settlements.

The Government plans to enshrine in law the right of both parents to have access to their children in divorce settlements. According to the Office for National Statistics one in three children lives without their father and campaign groups have for a long time pressed for a change in the law, so that courts would be forced to give access rights to fathers as well as mothers in divorce settlements. …Read More

Government plans to make civil justice cheaper, quicker and less daunting

They include plans to simplify the majority of cases, modernise and streamline the county court system and free up the High Court to only deal with especially complex cases. Justice Secretary Kenneth Clarke said: ‘I want to make the system as easy and transparent as possible. I want people to be able to resolve their disputes cheaply and simply through the courts’ very successful mediation service, and I want judges …Read More

The Charities Act 2011 comes into force on 14 March 2012

The reason for this new Act of consolidation is that charity legislation has long been criticised for being disparate and hard to understand; a new Act that consolidates charities legislation in one place was seen by the Government as a way of making charity law more accessible to the general public and third-sector organisations. Although the new Act does not change the law, during 2012 Lord Hodgson of Astley Abbotts …Read More

Law Society welcomes delay to Government’s civil litigation reforms

The reforms that relate to ‘no win, no fee’ arrangements were expected to be implemented this October, but are now due in April 2013. Law Society chief executive Mr Desmond Hudson said: ‘The delay will give a welcome breathing space for the Ministry of Justice to now properly consider the damaging effect these changes to ‘no win, no fee’ agreements will have on access to justice, particularly for middle England …Read More

Queen’s Speech: Plans to transform the Justice System

Over the next year the courts and tribunals service will be reformed to increase efficiency and transparency, while the judicial appointments process will be reformed to encourage greater judicial diversity. Measures will also be put in place to protect free speech, and to make the security services more accountable, by allowing civil courts to consider all information relating to a case – even where national security prevents it from being …Read More

Children and Families Bill introduced in the Queen’s Speech

A new Children and Families Bill has been announced in the Queen’s Speech of May 9th. The Bill will implement plans to introduce more flexible parental leave following an independent report in May 2011 that recommended that the right to request flexible working be extended to those with parental responsibility for children up to the age of 16. The development of the Children and Families Bill will also introduce legislation …Read More

Civil Mediation a ‘huge success story’

Bill Wood QC, who is the acting Chair of the Civil Mediation Council, said in an interview on 23rd May, that ‘mediation is helping to save businesses, citizens and the Government from some of the huge expense and uncertainty involved in court cases. ‘Recent governments have given considerable support to the increased use of mediation in the civil justice system. UK mediators are in demand around the world both as …Read More

Thousands ‘ripped off’ by unregulated Will writers.

Thousands of people are being ripped off by companies providing unregulated services such as will writing, claims the first Legal Ombudsman.. In his first report, Chief Ombudsman for England and Wales Adam Sampson said the most complaints he saw concerned Conveyancing, Family Law and Wills. He called for action to be taken to ensure consumers were not left vulnerable by unregulated services. Only a tiny fraction of legal services must …Read More