Articles in the Headline Category
By Collette Bailey
The Law Commission began in 2009 to examine the status and enforceability of marital property agreements, which we refer to as pre-nups. Pre-nups do not currently have statutory backing, but this may be about to change.
In their report published on 27 February 2014, the Law Commission recommended the introduction of legally binding “qualifying nuptial agreements”. The report, Matrimonial Property Needs and Agreements, includes a draft bill which would bring pre-nups into law.
Whilst many couples resolve their finances without contested court proceedings, for others the court has to decide …
By Dan Bunting
British (or English and Welsh) justice is, we are told, the best in the world. It is not hyperbole to say that this is currently under threat and there is a real risk that this will no longer ring true in a few years’ time.
If there’s one figure that sums up the issues criminal lawyers face it is this – the average profit margin for a solicitors firm is 6.3%. On 20 March this year the income to a solicitors firm will be cut by 8.75%. How can that …
By David Allan
Niqab-wearing defendants should be obliged to remove their veils before giving evidence say 90% of my colleagues in a poll conducted by the Bar Council for The Times (although personally I’d like to see what the participation rate was for that). Former justice secretary, Ken Clarke, agrees, likening wearing a full-face veil in the witness box to giving evidence “in a bag”. The Lord Chief Justice says that trial judges should be able to decide whether a defendant may give evidence wearing a face-veil or not, but promises …
By David Allan
Do you object to swearing an oath on the Bible? Sorry, I hope that question didn’t put you off your stride when settling down to read this article. It’s the same question witnesses are asked when they’re about to give evidence in criminal trials.
The Magistrates Association recently rejected a proposal to abolish this practice. David Pannick QC, writing in the Times last week, took the view that the magistrates got it wrong. I’d have to say I agree.
At present, the Oaths Act 1978 s 1 requires that witnesses …
By Stephen Hockman
Recent events in the US have made us all aware of the essential vulnerability of modern political and economic systems. For a while it seemed as though the most powerful economy in the world was heading towards self-destruction, owing to the failure of a small number of senior politicians to reach a consensus that would avoid such an outcome. Now that disaster has been at least temporarily averted, it seems appropriate to try to analyse how this situation arose.
From one perspective this was indeed essentially an economic, or …