Insights: Legal Updates - October 2014

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Sovereign immunity

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The English court has had to consider another sovereign immunity dispute involving the Saudi royal family. In Janan George Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2014] EWHC 1807 (Ch), the prince applied for a declaration that the court had no jurisdiction on the grounds that it was barred by the […]


DIY justice: are private prosecutions the future?

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Such cases have increased as state prosecuting agencies and police are increasingly cash-strapped and under-resourced. Once again the right to bring private prosecutions in criminal courts has featured in headlines, the latest case involving a student at Southampton University who filmed a man swearing at him using a camera hidden in his sunglasses. Using this […]


Bare Trusts: are they the 'next big thing'?

Helena Luckhurst |

The third consultation on Inheritance Tax (IHT) charges for trusts assumes that every individual will have only one settlement nil rate band (SNRB) to put against the periodic charges to IHT of all trusts created in lifetime, or on death, by that individual. (For more on the new SNRB, see my blog post of 19 […]


Rise of 'DIY justice' as funding cuts hit CPS

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Private prosecutions are again in the headlines. Recently a 20 year old university student went to extreme lengths by purchasing specially adapted sunglasses to record the actions of his harasser. Using the evidence gleaned, he then brought a private prosecution which resulted in the defendant pleading guilty and spending a day in jail. The right […]


Immigration Act - Landlord's Obligations

Roy Perrott |

There have been concerns for some time that rogue residential landlords are letting their properties to illegal immigrants, who then evade deportation. These properties are often unsafe with no sanitation. With that in mind, new statutory provisions have been implemented that will fine landlords up to £3,000 if they do not check their tenants’ immigration […]


SFO faces fresh attempt at NCA merger

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After failing in her attempts to overhaul the Serious Fraud Office three years ago in the face of staunch opposition from the former attorney general, Dominic Grieve QC, and Justice Minister, Kenneth Clarke, Theresa May is now considering reviving her plans to dismantle the much maligned organisation. The SFO has received its fair share of […]


Best will for… Part 3: most married couples

Helena Luckhurst |

I like the simple things in life. When it comes to wills, most of my married couple (and civil partnership) clients want to keep things simple too. ‘Everything to my spouse and then to my children equally, please’ is a common refrain. There is nothing wrong with that. The only problem with keeping things that […]


Dealing with asbestos

Gillian Birkby |

Forty or fifty years ago asbestos was treated just like any other product used in construction. It was an extremely useful component of a large range of materials, and when those materials had reached the end of their useful life they could be disposed of in the same way as timber or bricks. This is […]


Commercial agents

Andrew Kaufman |

Please find below a link to an article (in German) about the law relating to commercial agents in Great Britain. In comparison to Germany this is a relatively new law, having been in force only for the last twenty years. It is vital for companies, when engaging commercial agents, to understand the possible implications relating […]


When key personnel lose capacity

Helena Luckhurst |

Managing risk is a fact of life for most fashion businesses these days. Often this is done through the constitutional documents that your advisers put in place for you when you first set up your business: articles of association or shareholders’ agreements for companies, for example. However, there is one area of business risk that […]