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28 February 2008
Issue: 7310 / Categories: Legal News , Public , Legal services , Family
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In Brief

News

FAMILY AFFAIR

Family court procedures will be simplified and legal language modernised under plans announced this week by the government. A single unified code for family proceedings will be introduced, replacing the three different sets of rules which family court users currently have to consult. Archaic terms will be replaced with easier language: a decree nisi will be known as a conditional order; and a divorce petition will become an application for a divorce order. People involved in family proceedings will be able to serve court documents on each other by e-mail.

 

SURVEILLANCE SOCIETY

The current legal framework surrounding surveillance is “complex and unsatisfactory” and needs replacing, the Law Society says. The call follows the release of the Rose Report into Surveillance in which Sir Christopher Rose said that since 2005 there had been “no authorities for directed surveillance of legal visits in England and Wales to prisoners in custody in relation to terrorism or other matters”. However, the society says the scope of Rose’s inquiry was limited and it is calling for a more thorough review. Society president Andrew Holroyd says: “It is clear…we are living in a surveillance society...we would urge the government to take the opportunity to launch a more thoroughgoing review of the legal and practical safeguards that are needed to ensure our continuing rights and freedoms.”

 

RETIRING TYPES

The retirement age for recorders, deputy high court judges, deput y district judges, deputy masters and registrars is to be raised from 65 to 70, the lord chancellor, Jack Straw, has announced. It has been the policy since 1998 that those in such judicial posts should retire at 65 instead of their statutory retirement age of 70. However, the lord chancellor has now reviewed this practice and made the changes with the agreement of the lord chief justice, Lord Phillips. This brings the retirement age into line with the statutory retirement age for most judicial posts.

Issue: 7310 / Categories: Legal News , Public , Legal services , Family
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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