Civil Litigation And Your Emotions Don’t Work Together

With civil litigation matters it is easy to get wrapped up in emotions but this seldom helps things so using a professional solicitor is a must.

Recently, two brothers wasted their whole £125,000 inheritance money  in a futile effort to contest a Will left by their recently deceased father.

The sum of £125,000 was left after other bequests were made, to his second wife with the same sum of money to be divided between the two sons from his previous marriage. The deceased suffered from the degenerative disease, Parkinson’s, for a considerable time so the brothers held the view that he didn’t have the full mental capacity needed to create a legally valid Will.

The two allege that an earlier document had been made and they insist their father had split the estate equally between the two of them along with their stepmother and this was his actually valid true Will as he had full mental capacity at the time it was written.

A judge however dismissed their challenge to the Will instead stating that he found the case wholly unreasonable and the stepmother shouldn’t have been placed in the position where she needs to defend against their claim. The judge believed the case was driven entirely by personal issues, such as a refusal to accept that the stepmother and the deceased were a couple who loved each other and that she had been his primary carer throughout his illness.

This meant that the two sons were ordered to pay the legal costs of the case, which is estimated to be somewhere around £200,000 which is considerably more than their original share of the estate if they hadn’t attempted to contest the Will in the first place.

Is A Divorce Solicitor Necessary?

Lots of people believe they are able to go ahead and take the easy option and finish a ‘DIY’ divorce themselves. The primary benefit is a decrease in costs, but in fact it may be super easy to miss or not ‘tick’ a box producing major consequences and issues. Think about the following points and choose on your own if you should you see a solicitor… in the end their profession is to help individuals like yourself.

Before you start the divorce process, you need to prove which among the five grounds of divorce that is a legal requirement to proceed. Even if you choose to draft a divorce petition it may be a good idea to ask a lawyer to have a good look at it before issuing it towards the Family Court.

Another aspect in deciding whether or not to see a solicitor is if the process will be straightforward with a lawyer. In case your ex-partner is reluctant to accept a divorce then it might be better to gain advice from the lawyer to find out when the grounds are met. In case your ex-partner concurs to the divorce, it may be useful to acquire legal counsel should there be children or substantial property owned.

If both you and your ex-partner own a lot of property, it is advisable to see a solicitor to actually receive your full share and entitlement.

You most likely won’t need the use of a solicitor if both you and your ex-partner both want a divorce and also have made the decision on how you can divide your home, if there aren’t any children involved, you don’t own substantial property and you’re certain that you could fulfill the cause for divorce.

High Court Rules On Celebrity Sexual Harrassment Case

A legal website has published High Court judge’s full ruling on Elton John’s sexual harassment case with former hairdresser

An interesting situation occurred after a High Court judge’s ruling was published on a legal website. The ruling was on a dispute between Sir Elton John and his former hair stylist. News Group Newspapers, which prints The Sun and The Sun on Sunday, had the intention of writing a story regarding the hairdresser’s claimed unfair dismissal, however the singer did not want his name appearing on the newspapers.

Two judges have confirmed that the newspaper group should not be restricted from revealing his identity after the employment tribunal hearings. The Sun has already reported the outcome of the dispute on Saturday. Now the full ruling of the more senior judge – Mrs Justice Simler – has been published online.

The singer had appealed his name should not be published, against the ruling of a lower-ranked judge, but the appeal had been dismissed by Mrs Justice Simler. This decision was made in May. Sir Elton had the ‘green light’ to appeal to the Court of Appeal, however the order barring him from being identified was still in place until a hearing was scheduled.

A Court of Appeal hearing has not been arranged and Mrs Justice Simler ruled that the employment tribunal proceedings have been against Sir Elton.

News Group Newspapers wanted to publish an article about the proceedings, without restrictions contained in the Privacy Orders, the judge said. Sir Elton appealed as he wished to prevent publication of an article without restrictions.

Back in March, specialist employment judge Simon Auerbach ruled against Sir Elton, however the singer had appealed against the ruling. Mrs Justice Simler had overseen a hearing in the Employment Appeal Tribunal, in London.

As reported by the judge, the hairdresser was dismissed in the middle of 2015. He had claims regarding his unfair dismissal and unlawful sex discrimination by his former employer. In addition, the hair stylist’s claim ‘included allegations of sexual misconduct’.

Sir Elton John had denied any of the claims. A statement from his lawyer Jenny Afia said: ‘These employment proceedings were fully withdrawn by the ex-employee who left the employment of Sir Elton John’s company in June 2015.”

‘The claims were always strongly denied and we continue to deny them.

‘Sir Elton John is pleased that the former employee withdrew the claims in full and that the issue was settled in February this year.’

Mrs Justice Simler confirmed that Sir Elton and his hair stylist had reached ‘a confidential settlement’ of the claim for unfair dismissal and unlawful sex discrimination. News Group Newspapers, however has argued that this information should be available for the public and wanted to publish a story regarding the case and settlement, mentioning Sir Elton in it.

A hearing held in March ruled out a decision against the singer after arguments heard from the lawyers representing News Group Newspapers.

Mrs Justice Simler commented that Judge Auerbach took the according actions and made ‘no error of law or principle’. She continued that Judge Auerbach had been ‘entitled to have regard to the principle of open justice’ and the right to free expression.

The claims by the singer that Judge Auerbach had ‘failed to have regard’ for Sir Elton’s human right to respect for privacy and family life, were denied by Mrs Simler. She commented that ‘no presumption in favour’ of not reporting settlements.

‘There is no presumption in favour of non-reporting of settlements or settled proceedings, nor should there be’ added Mrs Justice Simler.

‘While there is a public interest in settlement of litigation which is to be encouraged, it does not outweigh the fundamental principle of open justice.’

She added: ‘In the circumstances of this case, (Judge Auerbach) was entitled to find that, weighed in the balance against other factors, the existence of such legitimate expectations as (Sir Elton) had was not sufficient to justify a permanent restriction on reporting in this case.’


How To Choose The Best Divorce Lawyer

How to choose the best divorce lawyer.

divorce-money-calculatorSelecting a lawyer for your divorce case maybe a hard task. It is not an easy work to find a lawyer who can merge your situation and get assured of making you achieve your goal. Thus, by following the following factors you will be assured of picking the best divorce lawyer.

  1. Make up your mind.

First decide if you really need a lawyer or not. Maybe, a lawyer will not be an ideal solution if you have no kids with your spouse. In fact, here the case becomes much simpler because there is no custody issues to be discussed nor asset division. Such cases only need third party options like mediators.

  1. Stick to your goals.

Make sure that what you have decided will not affect you way of life in any way and try to prevent emotions from overcoming you, because the lawyer is there for representing you in your case and not doing a counselling job. An advice is that never argue for materialistic assets as this will even make the case to take a longer period of time.

  1. List the divorce lawyers from your area.

You can access the internet to see reviews of divorce lawyers. Also you can ask friends and family for assistance on the issue. Better still, you can go to state bar association to obtain a referral as they are the ones responsible for certifying the divorce lawyers.

  1. Enumerate them accordingly.

List the lawyers according to their recommendations you got from the referrals and online reviews. Look at the disciplinary and also enumerate according to types of lawyer. That is:

  1. a) Bomber attorney.
  2. b) Gender based attorney
  3. c) Settler attorney.
  4. d) Costly attorney.
  5. Evaluate according to the charges.

Generally, professional lawyers have a higher fee charge, but you can find experienced lawyers who have a lower cost charge. these lawyers would result to be the best at times because they will not be on a higher demand.

  1. Interviewing.

Visit them and have a one on one talk. Always ask them their about the charges. This is because some of them ask for an hourly fee and some a flat fee. Also inquire the work experience, and there area of specialization. Information about the number of divorce cases they have handles will be of importance to you so as to be hopeful and a question never t miss asking them is how long your case will take to get over once he starts it.

Few Facts About Law

There are various types of law, and it’s exact make up tends to differ from country to country. It can alter which laws apply and how these were put into place to begin with. Some aspects of law are easier to grasp than others, while it can all be subject to change. Generally though laws are made by governments, and then can be altered by court rulings, and how judges interpret pieces of legislation.
Law-Colleges-in-UK-compressedWhen discussing law in the case of the UK there are several types and ways it can be enacted and sometimes amended. British law has been strongly influenced by the concept of common law. The idea of common law can be traced back to Anglo-Saxon times though it was made systematic during the reign of Henry II. After the Norman Conquest the law had altered yet the the principles of Roman Law had never replaced those of common law. English legal practices gradually spread into Wales after Edward I conquered it.

Essentially since Tudor times Wales has had the same legal system as England with the proviso that documents and court hearings can be in Welsh. That system was put into place in Ireland prior to partition in 1921. The courts and hearings were alerted during the Troubles. Scotland has it’s own legal system, though generally the laws in place are very similar, and again common law is the cornerstone of the system.

british-lawPrior to the UK joining the EU legislation passed by Parliament was the most important, but that changed with EU membership. British law can be overturned by EU directives and regulations, whilst the European Court of Justice and the European Human Rights Convention can both force legal changes with their respective rulings. Should British voters back the Leave campaign in the EU referendum that could all change.

A UK exit from the EU would have major legal implications, which would not be fully known until after the event. Currently though EU legislators and judges can override British law no matter what Parliament, judges, or the public think about it.

All legislation has to pass through both Houses of Parliament and the Law Lords can rule on controversial laws or pass cases on to the European courts to make a final ruling. The Human Rights Act of 1998 makes it easier for members of the public to take their cases to be heard in Strasbourg as well.