Joint Enterprise ?

Judges to hear “joint enterprise” murder appealsA joint session of the Supreme Court and Privy Council is to hear appeals in two cases where convictions were gained under the doctrine of joint enterprise. The central issue of one of the cases is “whether the prosecution must prove that a secondary offender, who encouraged the primary…

Immigration ruling

Where a foreign national student’s application for an extension of leave to remain in the United Kingdom was deficient solely because he should have sent to the UK Border Agency bank statements showing a specified minimum bank balance for a 28–day period before the application, but the statement sent covered only a 22–day period, albeit…

CGT ruling on PPR relief

CAPITAL GAINS TAX: Expectation of continuous occupation entitled owner to PPR relief The First-tier Tax Tribunal has agreed that a man was entitled to principal private residence (PPR) relief from capital gains tax on the sale of his London flat, even though he only lived there for seven weeks. According to tax consultants Gabelle LLP,…

Machines as Lawyers

Machines as Lawyers  Machines will increasingly take over — except where experts do tasks that cannot or should not be replaced by computers Legal practitioners, of course, are not alone in being challenged by technology. As we report in our new book, The Future of the Professions, some revenue authorities are interrogating accounting systems directly…

Wife gets everything 

MATRIMONIAL: Court awards 100 per cent of matrimonial assets to wife In an unusual financial remedy settlement, a man who moved permanently to Bahrain and left his wife and two children without maintenance has been deprived of any share of the GBP550,000 matrimonial assets. Essam Aly, a hospital consultant, appealed against the Birmingham Family Court’s…

Libel warning

LITIGATION: Accusing an executor of ignoring the deceased’s wishes may be libellous, says court A newspaper article suggesting that an executor acted improperly by ignoring the deceased’s express wishes was capable of being defamatory for the purposes of libel litigation, Edinburgh’s Court of Session has held. The Sunday Times article alleged that Nigel Cayzer had…

Lies in a divorce petition

The time has come to introduce divorce without blame, argues Conservative MPThe law should not require couples to ‘throw mud at each other’ and should instead allow for divorce without blame, according to a backbench Conservative MP. In 2012, official figures showed that over 72,000 divorce petitions included allegations of adultery or unreasonable behaviour. Research…

Divorce settlements attacked

Divorce settlements attacked Practitioners expect a significant number of applications to vary divorce settlements on the grounds of an ex-spouse’s non-disclosure, after Varsha Gohil and Alison Sharland won their cases in the UK Supreme Court yesterday. In two judgments released in February and March 2014, the England & Wales Court of Appeal ruled that the…