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Civil way: 11 January 2013

11 January 2013
Issue: 7543 / Categories: Features , Civil way , Procedure & practice
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Legal aid will still be available as from 1 April 2013 to victims of domestic violence in private law cases...

LEGAL FADE

Legal aid will still be available as from 1 April 2013 to victims of domestic violence in private law cases including contact and financial remedies applications. That availability is extended to domestic violence victims in disputes relating to the family home under s 14 of the Trusts of Land etc Act 1996 (marvel at the Civil Legal Aid (Family Relationship) Regulations 2012 (SI 2012/2684)). Objectively verifiable evidence of domestic violence will be called for although the requirements fall short of actual production of bleeding limbs. Evidence of a finding of fact or undertaking as to domestic violence up to 24 months prior to the funding application will satisfy. And so it is useful as from now to ask the judge in suitable cases to record the domestic violence finding or undertaking on the face of the court order lest public funding is needed in due course.

JUST THE JOB

The

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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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