Issue: November 2021

Procedure – pre-charge bail

November 2021 | Crime

Changes in the Police, Crime, Sentencing and Courts Bill risk undermining confidence in the justice system, says Peter Csemiczky in this article considering proposed changes to pre-charge bail. Pre-charge bail means the individual under investigation is released from police custody, with or without conditions, while officers continue their investigation. Most criminal law practitioners agree, the …

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Divorce – ‘uncoupling’

November 2021 | Family

It is encouraging to see the growing availability of alternatives to court-based divorce over many decades but, says the author of this useful article, it can be difficult to know what route is best for a particular situation. Could an ‘uncouple’ approach be an option? A family law partner, the author writes from the perspective …

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Inheritance claims – legal costs

November 2021 | Wills, probate and administration

A successful claim under the I(PFD)A can include an element towards a CFA success fee. This is an important ruling for claimants and their lawyers as it confirms the court’s power to include a sum within an award for maintenance-based provision towards a success fee. Here, the claimant brought a claim against her father’s estate …

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Sentencing – harassment

November 2021 | Crime

D was sentenced to a community order of 18 months for an offence of harassment causing fear of violence to a trans bisexual woman. D had been homophobic and transphobic towards the victim, who had been his neighbour for around ten years. Following a formal police complaint, D was arrested but then he was released …

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Listed building – curtilage

November 2021 | Land

‘There are some words or expressions which are like an elephant; its essence is difficult to put into words, but you know it when you see it. “Curtilage” is a word of that nature.’ So said Lady Justice Andrews in a recent CA case which considered, among other things, the meaning of the word ‘curtilage’. …

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Probate – joint tenancy

November 2021 | Wills, probate and administration

D died leaving his estate to his wife (W) but a dispute arose in relation to the family home which was jointly owned by D and his brother Arif. However, it had been owned by D’s mother until her death in 2009 and it was unclear whether the brothers owned the property as beneficial joint …

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Sentence – aggravating and mitigating factors

November 2021 | Crime

The sentencing judges had not given too much weight to aggravating factors when imposing a sentence for attempted murder. D was sentenced to 14 years’ detention in a young offender institution with an extension period of three years, for attempted murder. At the time of the offence he was 17 and, according to the prosecution, …

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Curtilage – consideration

November 2021 | Land

An interesting article considers the above case and a case involving a planning appeal centering on the meaning of ‘curtilage’. The law on curtilage-listed buildings comes from the Planning (Listed Buildings and Conservation Areas) Act 1990, referred to in this article as the Listed Buildings Act 1990, and its predecessor legislation. Section 1(5) of the …

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Costs – discontinuance of claim

November 2021 | Wills, probate and administration

In this case, a will was challenged on the basis of absence of due execution, want of knowledge and approval, and undue influence. The estate was valued at between £3m and £4m. During the course of the trial, the defendants dropped their claim and a consent order was agreed. A hearing on the issue of …

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