CHAPTER ONE – WHY, WHAT AND WHEN? THE IMPACT OF THE NEW DIVORCE LEGISLATION 6th April 2022 saw the implementation of the biggest change to divorce process in the practicing lives of us all. After decades of campaigning, “no fault” divorce finally became a reality. Either party, or the couple jointly, […]
CHAPTER THREE – REASONABLENESS OF MAKING A POSSESSION ORDER Some of the grounds in Schedule 2 of the Housing Act 1988 introduce a reasonableness test to the making of a possession order (such as, for grounds 10 and 11). There is no reasonable test for mandatory grounds (such as ground 8), […]
CHAPTER ONE – OVERVIEW Introduction Parents and young people have a right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) against certain decisions made by local authorities in England relating to children’s and young persons’ EHC needs assessments and EHC plans (a ‘young person’ in this context is […]
CHAPTER TWO – INTESTATE ESTATES An intestate estate occurs when a person dies without leaving a valid Will. According to research, around 6 out of 10 adults in the UK don’t have a Will1. Business development opportunities on the Will writing front aside, this means that more likely than not, […]
CHAPTER THREE – ACCESS RIGHTS Pre 2003 Pre 2003 there was perhaps an incorrect perception that there was no law of trespass in Scotland. There remains statutory (criminal) and common law trespass (civil) trespass. Criminal In relation to statutory trespass section 3(1) of the Trespass (Scotland) Act 1865 provides: “Every […]
CHAPTER TWO – WHAT IS A SMART CONTRACT? Overview This chapter examines the meaning of the term “smart contract”. Various meanings have been given to this term historically, which has created scope for confusion. For the purposes of this book, we will adopt the definition of “smart contract” given by the […]
CHAPTER ONE – PRELIMINARY POINTS 1.1 The current duty in context The Public Sector Equality Duty is contained in section 149 of the Equality Act 2010. The 2010 Act collated and expanded the scope of three similar duties that had been specific to race, disability and sex legislation: section 71 of […]
CHAPTER ONE – JURISDICTION TO TRY INTERNATIONAL CRIMES This chapter will consider the jurisdiction of the Crown Court in England and Wales over war crimes, crimes against humanity (“CAH”), genocide and torture. There are four principal pieces of legislation which criminalise these international crimes and which provide a legal basis for […]
CHAPTER ONE – HISTORICAL CONTEXT Introduction Short-term lets provoke political debate, local disagreement, and occasional controversy. From relatively humble beginnings – one well-known booking platform can trace its origins back to advertising air mattresses to rent – it is now a global billion-dollar industry. The popularity of short-term lets in […]
CHAPTER ONE – COMMENCING PROCEEDINGS AGAINST ANONYMOUS FRAUDSTERS Where a person has been the victim of a fraud, the most obvious target for any civil recovery action is the person who perpetrated that fraud in the first place. However, one of the primary difficulties in any instance of cyber fraud is […]
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