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12 July 2012
Issue: 7522 / Categories: Legal News
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Presumed death

MoJ to introduce a certificate of presumed death

A certificate of presumed death is to be introduced, helping to resolve years of legal uncertainty faced by families of missing persons.

Ministry of Justice (MoJ) minister Jonathan Djanogly says the certificate would be equivalent to a death certificate in terms of legal powers, and would help families deal with matters such as cancelling direct debits and accessing bank accounts. The MoJ is also in discussion with the Law Commission about a possible project looking at whether a power of legal guardian for missing people could be introduced.

Currently, families are left in legal limbo, unable to arrange their family member’s legal and financial affairs.

Djanogly says legislation to amend the law will be introduced, and that the MoJ is also working on preparing guidance for families on how to deal with the affairs of a missing person.

Martin Houghton-Brown, chief executive of charity Missing People, says: “We are delighted.

“This announcement shows a significant intention to work towards a better future for families of missing people, representing a huge step towards easing their heartache with clear legislative guidance.”

Issue: 7522 / Categories: Legal News
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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