March 2018 / 30 posts found

Struggling families are being disqualified from justice: Law Society

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Home > News President calls for restoration of means test to its 2010 real-terms level Poverty-hit families are being denied vital legal help, the Law Society of England and Wales has revealed. Law Society president Joe Egan said: “No-one in modern society should have to choose between accessing the justice system and a minimum living standard. “The financial eligibility test for civil legal aid is disqualifying people from receiving badly-needed legal advice and representation, even though they are already below the poverty line.” He was speaking on the publication of a new report commissioned by the Law Society and produced […]

A world without divorce

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I read with interest the other day the news that the government in the Philippines is moving closer to legalising divorce, after its lower house of Congress passed a bill that would allow it. There is still a long way to go though, as the bill must pass through the Senate, and even then it could be vetoed by the President (this is just the latest in a number of attempts to pass a divorce bill in the Philippines). Still, it is an interesting development, and if the bill does become law it will leave Vatican City as the only […]

Are You Forfeiting Your Power In Your Divorce?

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No one in their right mind would ever knowingly give up their ability to control their own future, would they? Surprisingly, when it comes to divorce, I see people doing exactly that every single day. Without even realizing it, you may be forfeiting your power in your divorce. Here are 7 ways:   1. Going to court. There is no quicker or surer way to forfeit your power in divorce than to let a judge, who doesn’t know you or your family, decide what is going to happen to you and your children. Think about it. At what other time […]

Hopes high for law that would legalise divorce in Philippines

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Eight years after she left her husband, Melody Alan still gets nervous when she hears raised voices. Her former partner often shouted at her and turned violent when drunk. The 44-year-old mother of four boys said she endured the physical violence, psychological abuse and womanising of her husband — as well as his failure to provide for the family — because she didn’t want her marriage to fail.“I won’t be a hypocrite, I loved him and it was painful for me that our marriage did not work out,” Alan said. “I suffered for 14 years, and tried everything to fix […]

Disclosure and litigation privilege

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Where Party A argues that he has a right to withhold inspection of a document (on grounds of litigation privilege), Party B may, pursuant to CPR 31.19(5), make an application to the court to decide whether Party A’s claim should be upheld. Can Party A withhold inspection of documents in circumstances where the right is said to have arisen out of proceedings to which Party A was not a party? Show Fullscreen That was the question which came before Mrs Justice Moulder in the recent case of Minera Las Bambas SA & Others v Glencore Queensland Ltd & Others [2018] […]

Barrister blows whistle on 'broken legal system brought to its knees by cuts'

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Courts that are like an A&E unit on a Saturday night, violent abusers walking free because evidence has gone missing, and lawyers doing hours of unpaid work to keep the system from collapse, are all part of a damning picture painted in a new book on the legal system by a barrister. According to the anonymous author of The Secret Barrister: Stories Of The Law And How It’s Broken, the courts in England and Wales have been brought to their knees by government cuts and left so plagued by daily errors they are no longer fit for purpose. The identity […]

7 Myths About Divorce with Kids that Parents Should Disregard

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Children need consistency and calm during a divorce, but a few common misconceptions breed animosity and chaos. Mar 13 2018, 6:51 PM Share Despite the fact that nearly half of all American marriages end in divorce, the legal dissolution of a relationship still prompts hushed talk. When a divorce involves children, the hush underlines pity for the children. This is deeply problematic because, by making divorce a taboo subject, friends and family provide room for misconceptions to run rampant and almost no space at all for truth-telling. While this is bad for husbands and wives, it’s worse for kids who need […]

Cost of Litigation Act enforced in capital to counter frivolous, false cases

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ISLAMABAD: The federal government on Wednesday enforced “The Cost of Litigation Act, 2017” in the Islamabad Capital Territory (ICT) to get rid of frivolous litigation and lodging of false cases. The Ministry of Law and Justice has notified the said law for the federal capital which “contains the framework for reduction of delay in disposal of cases and deterrence against false and frivolous cases.” The law will be applicable to “all courts including the Islamabad High Court”. A few months ago, there were over 13,000 outstanding cases in the IHC. However, as per recent statistics, the number of pending cases […]

Domino divorce: is your marriage in trouble if your friends split up? We ask an expert

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‘Til domino divorce do us part (Picture: Dave Anderson for Metro.co.uk) I was having dinner with three of my closest friends and their husbands when someone, presumably accidentally, mentioned that oft-quoted statistic that ‘one in three couples get divorced’. Oh, how we laughed, because we didn’t think it was legitimate, and because divorce seemed a risible improbability in our close-knit, happily married group. Can marriage save a relationship? Why couples are putting a ring on it instead of breaking up Also, we’d been drinking heavily. Want to know something I else I used to laugh at? The idea of ‘domino […]

Is divorce in your genes?

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How does your family history stack up when it comes to marriage? Do you come from a long line of relatives who have celebrated silver and golden wedding anniversaries? Or is it a little more chequered than that? A new international study has found that genetics seem to have a significant influence on whether we divorce, and whether our own children celebrate a wedding anniversary or end up navigating a divorce settlement. The research by Professor Jessica Salvatore with Virginia Commonwealth University in the US and Lund University in Sweden looked at divorce patterns of people who were adopted and […]