CHAPTER ONE – INTRODUCTION The Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) is, together with the Matrimonial Causes Act 1973 (“MCA 1973”) a fundamental statutory provision within the realm of what is now termed “private client” law. For fifty years, the 1975 Act has allowed the courts […]
CHAPTER ONE – INTRODUCTION The Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) is, together with the Matrimonial Causes Act 1973 (“MCA 1973”) a fundamental statutory provision within the realm of what is now termed “private client” law. For fifty years, the 1975 Act has allowed the courts […]
CHAPTER ONE – INTRODUCTION Pensions are a daunting asset for many financial remedy practitioners. They are complex, often unknown and often create a feeling of anxiety that advising on them could cross that line between legal advice and financial advice. It is also an area that is not well understood by […]
CHAPTER TWO – DEFINITION OF A ‘GANG’ For practitioners instructed in criminal cases involving gang related investigations, much will depend on the approach taken by the parties and the Court to the interpretation of key terms, particularly the ‘gang’. Academic and legal definitions The Eurogang Project, a network of international youth […]
CHAPTER ONE – INTRODUCTION Interpreting UK financial services legislation can be a frustrating task. The drafting can sometimes be unclear, while the relevant sections are not always immediately obvious. This is due to many years of amendments to the law, largely linked to the implementation of European legislation which has in […]
CHAPTER ONE INTRODUCTION Missing people Dealing with and administering estates of or involving a missing person is not something that many trusts and estates practitioners will be familiar with. Aside from a handful of people, many will never think about missing people beyond the occasional news report, or the sensationalist […]
CHAPTER ONE – INTRODUCTION A defining characteristic of the criminal law is the way in which its rules of evidence fundamentally change the facts of a case. This is because of the unique role of the jury: it is the sole arbiter of facts, but has no say in the […]
CHAPTER ONE – INTRODUCTION Originally there were six members of European Economic Community (“EEC”) which expanded and later became the European Community (“EC”). Since, the accession of Croatia in 2013, and the secession of the United Kingdom on January 31, 2020, there are now 27 Member States (“MS”) of the European […]
CHAPTER ONE – WHAT IS TREE ROOT SUBSIDENCE? Introduction Before looking at tree root subsidence, this book begins by considering what subsidence damage actually is. Subsidence is defined by the Financial Ombudsman Service as “the downward movement of the site on which a building stands, where the soil beneath the building’s […]
CHAPTER ONE – THE INITIAL HEARING Arrest under certified request/warrant Powers of arrest The 2003 Act provides for a range of powers of arrest in order to give effect to extradition requests. In Part 1 cases, the position is relatively straightforward since no domestic arrest warrant is required in order to […]
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