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18 June 2014
Issue: 7611 / Categories: Legal News
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Tackling forced marriage & domestic abuse

Forced marriage has been made a criminal offence, punishable by up to seven years in prison.

The new offence applies, from 16 June, where the marriage takes place in England and Wales and where UK nationals are at risk of being forced into marriage abroad. The courts will continue to issue civil orders to prevent marriages, but breaching an order has now also become a criminal offence.

Forced marriage occurs where one or both spouses are coerced by means including “physical, psychological, financial, sexual and emotional pressure”.

Meanwhile, charities Public Law Project (PLP) and Rights of Women (ROW) have brought a legal challenge against the government on the basis that legal aid reforms have barred domestic abuse victims from access to justice.

Legal aid was retained for victims of domestic abuse by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

However, victims must provide evidence of abuse, which can be difficult for to get. In certain cases, a 24-month time limit applies although many perpetrators remain a lifelong threat to their victims.

ROW and PLP say many victims are falling through the safety net, contrary to what Parliament intended when it enacted the safeguards contained in LASPO.

ROW director, Emma Scott says: “Without legal aid women affected by domestic violence feel unable to access the kinds of legal remedies which enable them to safely exit violent relationships. In our most recent survey, half of all women who were ineligible for legal aid because they did not have the required evidence of domestic violence said that they took no legal action as a result, leaving them at risk of further violence and even death.”

Issue: 7611 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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