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Civil way: 6 February 2009

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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