August 2010

Calls for legislation to curb increasing use of ‘gagging orders’ by wealthy stars

There have been calls for Parliament to amend privacy laws to stop the increasing use of so called ‘gagging orders’. Gagging orders are a type of injunction, sometimes called a ‘super-injunction’ because they prevent not only the publication of the restricted information, but even the very existence of the gagging order.

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How does the coroners’ court work?

Following a person’s death, it is standard practice for a doctor to examine the body to determine the cause of death. A coroner will only be used in certain situations, including: (more…)

How is a company wound up?

There are a number of ways in which a company can be wound up. Under the Insolvency Act any shareholder can make an application to have a company wound up on the grounds that is just and equitable to make the application. Legal advice from a company solicitor should be obtained to ensure the application follows all the civil laws that apply to dissolving a company. (more…)

Is the new Supreme Court any different from the House of Lords?

The Constitutional Reform Act 2005 made provision for the creation of a new Supreme Court of the United Kingdom. The Supreme Court replaced the House of Lords, previously the last court of appeal in the UK. The change is significant; it is said to be the final step in the separation of powers in the UK. The separation of powers is a doctrine that the arms of the government, namely the executive, legislature and judiciary, should be separated in order to provide a means of checks and balances. (more…)

Compensation claims over miscarriages of justice reach the Supreme Court

The Supreme Court is due to hear a number of appeals early next year regarding compensation claims for “miscarriages of justice”. Several cases have recently come before the highest court of the land regarding cases where convicted criminals have been acquitted of a crime following years spent in prison. Many of these individuals are now seeking compensation for their trauma. The appeals centre around the meaning of the phrase “miscarriage of justice” in relation to compensation claims.

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What are the powers under a lasting power of attorney?

A lasting power of attorneys is made by a person with capacity, over 18 years of age, enabling another person to make decisions on their behalf in the event they become unable to make such decisions. A family law solicitor can explain how lasting power of attorney operates in practice. There are two types of lasting power of attorney (LPA): (more…)

Athlete on trial for sick pay fraud

An East London man is currently on trial in the Inner London crown court for allegedly claiming sick pay over a period of seven months for injuries, whilst during that period he was off competing in international athletics competitions and running athletics coaching sessions.

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What is the law on immigration and naturalisation?

If you come to the UK to work, study, or live permanently, you must ensure you have the correct immigration status to legally enter and remain in the UK. You can’t stay in the UK without the correct visa and passport. The UK Border Agency has details of the visas you would need to come to the UK to work or for a holiday. (more…)

What is the law regarding workplace strikes?

The Trade Disputes Act 1906 gave trade unions legal immunity for actions carried out in furtherance of a trade dispute. The Act basically allowed workers to strike without fearing that they could be sued for a company’s loss, provided the strike met certain criteria. The Conservative government under Margaret Thatcher was responsible for changing the legalities of strikes and while striking was still legal in the late 1980’s, participants in strike action forfeited their right to unemployment pay and income support. (more…)

Changes to Legal Aid tendering process threaten a reduction in services

With the Ministry of Justice recently announcing it will cut its £9bn budget by £2bn, there are major concerns about the impacts to come to the legal aid system. Justice secretary Kenneth Clarke has said that the legal aid budget is one area where cuts could come from. (more…)