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Infidelity is Murder

admin — Tue, 21 Feb 2012 22:02:21 +0000

The case of Regina v Clinton 2012 held that a partner’s infidelity can count as a defence to a murder, where the defendant seeks to rely on ‘loss of control’.

The chief justice made it abundantly clear that infidelity could not be argued as the sole reason for such a murder, but could be one of the factors resulting in the loss of control.

In this case the defendants conviction was quashed and a fresh trial ordered.

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Only Law Site Teams up with FindLaw UK to provide Free Legal Advice

admin — Mon, 20 Feb 2012 21:33:02 +0000

Only Law Site is excited to announce that it has teamed up with Find Law UK to provide free legal advice on the FindLaw forum.

Only Law Site aims to provide a range of free legal advice via FindLaw’s active forum where visitors will be able to post questions to the forum and receive free simple advice on their matter.
Find Law is the UK’s biggest online legal information site, providing daily news, blogs, forums and articles about all aspects of UK law. Findlaw.co.uk is part of FindLaw.com, the world’s leading provider of online legal information.
Portal Manager at FindLaw UK, Maya Driver said that ‘we are delighted with this new partnership’.

“Only Law Site and FindLaw UK share common values and aim to provide Law without Limits to the masses”.

“The overall beneficiaries will be clients who use FindLaw UK’s forum when seeking legal advice, who will receive a reliable, efficient service provided by legally qualified people.”

The service is now live on the FindLaw UK forum and is available to visitors who register via the Find Law UK website.

For more information contact Maya Driver- maya.driver@thomsonreuters.com

Confiscation Orders

admin — Sun, 19 Feb 2012 22:42:20 +0000

In the case of R v James 2011 it was established that money spent on items for the purpose of an enterprise to evade excise duty on tobacco did not amount to a benefit from criminal conduct as they were not sums obtained as a result of or in connection with criminal conduct.

The Court of Appeal allowed appeals against two appellants against the confiscation orders made against them following convictions under s170 Customs and Excise Management Act 1970.

The provisions of s76 of the Proceeds of Crime Act 2002 permitting a confiscation order was not satisfied.

The confiscation orders were quashed.

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Burglary Sentencing

admin — Thu, 16 Feb 2012 17:34:41 +0000

The new guidelines for burglary have placed an emphasis on the effects on the victim, central to any tariff that will be imposed.

An example of this for instance is where the victim is at home when the burglary takes place, then the sentence will be more severe.

When offenders burgle a domestic premises, they will face a prison term of up to six years, if they are armed this can be up to 13 years in prison.

Under these new guidelines, judges must impose custodial sentences for aggravated burglary and must consider harm, culpability and whether property and or individuals are effected.

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Is failure to pay a deposit a fundamental breach in Conveyancing?

admin — Wed, 15 Feb 2012 22:53:53 +0000

The question of whether failure to pay the deposit amount and whether it resulted in a repudiatory breach of contract, was made clearer recently in case in which the buyer entered into a contract in June to buy for £4.5 million on the basis that deposit would be paid the following March and completion in April.

In this case the buyer failed to pay the deposit and the question of whether this was a repudiatory breach arose enabling the seller to rescind (meaning to revoke), the contract.

The Court of Appeal held that it was a fundamental term and that the seller was able to rescind on this basis.

For more details see the case of Samarenko v Dawn Hill House Ltd 2011.

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Counterpart legal definition

admin — Tue, 14 Feb 2012 12:39:05 +0000

On occasion, parties to a contract are not able to sign the same copy of an engrossment of a contract or other instrument due to the distance between them or some other impracticality. As such a single original agreement or document cannot be executed by both parties. An original agreement may be required in order to stamp the document, register a conveyance of property or for some other evidentiary purpose.
Counterparts are the same engrossment executed in two copies, thus two originals are created (assuming only two parties are to execute the agreement – further counterparts would be required for each party to the contract).

An original counterpart is primary evidence of the statements made in the document against the party executing the document, and secondary evidence against the non-executing person (or persons).
In English law, a counterpart clause is used in commercial contracts to expressly contemplate that the parties intend that there be multiple originals, one signed by each party. When the counterparts are exchanged the contract is formed, as the exchange would ordinarily constitute an acceptance of the terms of the contract.

A counterpart clause may require that each party sign each original copy of the contract prior to becoming binding.

An example of such a counterpart clause is:
“This Agreement may be executed in separate counterparts, and such counterparts when executed and delivered shall be an original.”
Usage: The parties entered into the contract by executing separate counterparts.
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Interest rate levels help cut number of repossessions

admin — Sun, 12 Feb 2012 18:22:07 +0000

With interest rates being kept at an all time low by the Bank of England we consider the impact of this on repossessions of property by mortgage lenders.
Record low interest rates have driven down the number of repossessions in the UK to the lowest level since 2007, lenders said.
Around 8,500 properties were repossessed in the fourth quarter of the year, 9 per cent down from the previous quarter, the Council of Mortgage Lenders (CML) said.
This brought the total for 2011 to 36,200. There were 36,300 repossessions in 2010.
But the CML warned many people will face tougher problems this year.
CML director general Paul Smee said: “Low interest rates and good arrears management by lenders are helping the vast majority of those borrowers who face difficulties to keep their homes and get back on track.
“This will continue, but in the face of wider economic difficulties and rising unemployment, we are concerned that there will be a higher number of people facing more serious problems in 2012.”
The CML warned that worsening unemployment and continued pressures on the cost of living are likely to push up repossessions to 45,000 by the end of this year, with around 180,000 mortgages in arrears of 2.5 per cent of the mortgage balance.
For free legal advice on the law of repossessions or any other legal matter contact info@onlylawsite.com

Internet contempt juror sends ‘important message’

admin — Fri, 10 Feb 2012 23:50:20 +0000

A juror who carried out internet research on a defendant has been jailed for six months.
The Divisional Court, headed by the lord chief justice Lord Judge, found university lecturer Theodora Dallas (pictured) guilty of contempt of court, following a case brought by the attorney general Dominic Grieve QC.

Dallas was a juror in a case at Luton Crown Court in July 2011. The court heard that in breach of instructions given by the jury officer, a warning contained in a written notice, her jury oath and directions from the judge, she carried out internet research on the defendant and shared the information with other members of the jury while the jury was in deliberation.

Her actions caused the trial, which related to charges of grievous bodily harm, to collapse and a retrial to be ordered. The defendant was convicted.
The trial related to Barry Medlock, charged with two co-defendants with causing grievous bodily harm with intent, contrary to section 18 of the Offences Against the Person Act 1861.
The allegation was that over an extended period of time he and the co-defendants tortured the victim, beat him with various objects, set him alight and poured caustic soda with boiling water over him, causing him to be scarred for life.

The two co-defendants pleaded guilty, and Medlock was tried alone. Details of a previous conviction for actual bodily harm were allowed to be adduced in evidence under bad character provisions.
However on the third day of the trial a juror reported that Dallas had read online that the defendant and his accomplice had also been previously charged with rape (Medlock was acquitted), and had told the other jurors.
Dallas denied that she had deliberately conducted research and had understood the directions related only to the use of Facebook.
The case highlights the increasing concerns over the impact of the internet in the jury system.
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Law centres warning

admin — Thu, 09 Feb 2012 15:31:18 +0000

Peers warned that Law Centres closing will leave thousands without access to justice if the government’s plan cuts to legal aid go ahead.
Labour’s former legal aid minister said that taking social welfare law out of the scope of legal aid would reduce by 86% the funding that law centres receive to provide advice or ‘legal help’.
This, he said, will ‘inevitably’ cause law centres to close and leave ‘many thousands of people, often the poor and marginalised’ without access to justice, which would end up costing taxpayers more due to unresolved escalating problems. Such an ‘absurd’ and ‘wrong’ move, would make the country ‘less just and less civilised’.
Commenting afterwards, the director of the Law Centres Federation, Julie Bishop, said the government seemed to regard the disproportionate impact of the cuts on the disadvantaged as ‘acceptable collateral damage’.
She said: ‘Law centres are disappointed that Lord McNally, yet again, did not address the question but simply referred critics to the Ministry of Justice impact assessments,’ which show that vulnerable groups will be disproportionately disadvantaged by the cuts.’
In light of these cuts we are providing our free legal advice and free legal documents service to the public and small businesses.

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Gathering data for your personal injury case

admin — Wed, 08 Feb 2012 16:09:51 +0000

Below is a guide on gathering the required information for a personal injury matter.

1.Collect all important documents and evidences, including the photographs, police and medical reports, and statements of your witnesses.

2.Take notes of important details and review the policies given by the company. Do not say anything that will cause your claim to be denied. Examine every photograph; they might see an angle that may be turned against you.

3.Return to the scene or the place where the accident happened. You might find more evidence. Photograph anything that will help you win your case. Capture every angle. This will not only provide you evidence, it will also help you remember events or things. Look for physical evidence that will prove the extent of injury or will oppose the description of the event, like a piece of wood or nails. Do not move the object so as to preserve it. If it cannot be preserved, take pictures of it.

4.In taking a photograph, use a camera that will provide you detailed and accurate photos. Take photos immediately. Ask somebody to stand as a witness and instruct him to take note. Take several pictures so that you can have the best photos to show the insurance company as a proof of your claim. Have it printed as soon as possible. Ask for a receipt; make sure that it has a date on it.

5.If you are injured, go to the doctor or other medical provider immediately. A delay will cause for the company to question your injuries. Ask your doctor to photograph any marks or bruise, these wounds will heal soon. Have a copy of your medical report.

6.Detail your injuries and how it affected your everyday living. Take note of things you might remember that you have not thought of before. All these notes will serve as evidences you can include in your demand for settlements. In taking notes, do not forget to include the date and time and the name of the persons who provided you with information.

7.Look for witnesses, record their statement. List their names and other personal information. You might find reliable witnesses that will back you up. Ask for their numbers so you can contact them anytime. They might be able to tell the exact story. You might also get significant information that you failed to record.

8.Let the insurance company know that you are prepared. Review all these evidences as well as the company policy.

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