header-logo header-logo

05 February 2009
Issue: 7355 / Categories: Features , Local government , Constitutional law
printer mail-detail

Civil way: 6 February 2009

Featured this week

Court in recession
Of high interest

For how much longer can the 8% judgment debt interest rate be justified? Easily the best investment on the globe at the moment—so long as the debtor ultimately pays up. Debtors may soon be asking for pre-judgment interest, on which the court has discretion, to be awarded at less than 8% or over a shortened period. The commercial debt late payment rate of 8% over base coupled with late payment compensation of £40 to £100 are even better bets for the creditor. And what of the hapless former wife saddled with a statutory charge attracting 8%? That rate has remained constant for over three years. Time for a reduction.

The economic gloom may have overtaken the policymaking on intestacy limits. The Family Provision (Intestate Succession) Order 2009 (SI 2009/135) on which consultation closed over three years ago increases the statutory legacy in favour of the spouse or civil partner from £125,000 to £250,000 where there are children and from £200,000 to £450,000 where there are

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll