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Civil way: 6 February 2009

05 February 2009
Issue: 7355 / Categories: Features , Local government , Constitutional law
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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

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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