One minute is a long time to hear about the law and look at me, I know. So I have cut down my latest video to 59 seconds. Domestic abuse cross-examination. Revised civil court forms. Joint divorces. And taking in temporary workers during strikes. I have covered them all. It's fast. It's painless. You have no excuses for ignoring.
Tuesday, 26 July 2022
Thursday, 21 July 2022
"I put it to you that you are a scheming liar. You tried to stab me with your nail scissors and have been conducting a secret affair with the postman since we got back from honeymoon."
From today 21 July 2022, domestic abusers will never have had it so bad. The Domestic Abuse Act 2021 sections 65 and 66 are brought into force in relation to court proceedings started on or after today (see SI 2022/840). No longer will the unrepresented abuser have licence to agitate, if not terrify, the person they have allegedly abused by putting questions to them in person. Instead, in the majority of such cases involving abuse allegations, the court will appoint an independent lawyer to conduct the cross-examination.
In family proceedings, where a party has been cautioned for, charged with or convicted of a specified offence - you name it and the offence is probably specified in a 14 page list of them - that person will be prohibited from personally conducting the cross-examination. And for good measure, the party making the abuse allegation is similarly prohibited so a vice-versa situation. The same prohibitions will apply to civil cases unless there has only been a charge of a specified offence.
In both family and civil cases, where there has been a protective injunction made - for example, a non-molestation order - following a hearing which was notified in advance to the party injuncted - neither unrepresented party may cross-examine the other.
There is automatic prohibition in these scenarios. Otherwise, the court has a wide discretion to prohibit cress-examination in person when this would be likely to affect the quality of a witness's evidence or cause significant distress to a party to the case or a witness.
Friday, 24 June 2022
If you have watched my latest video (see post below and click away, if you haven't, and shame on you) you will be an expert in peppercorns. This post is to confirm that the Leasehold Reform (Ground) Rent Act 2022 WILL come into force on 30 June 2022 as indicated by me would happen. This is as a result of regulations just made (see SI 2022/694) which also provide that the Act will be extended to leases of retirement homes on 01 April 2022.
Thursday, 16 June 2022
Wednesday, 18 May 2022
Sorry, you won't get your cheque quite yet. For the last instalment in the Walter Merricks claim against Mastercard on behalf of us all (well, most of us) see - https://www.breakinglaw.co.uk/search/label/MasterCard%20claim
Mastercard did not like the ruling that, when someone had had the potential to collect compensation as at 06 September 2016 but had since died, the personal representatives of their estate could step into their shoes. So Mastercard decided to challenge that ruling through an appeal. But they needed permission to appeal. The Competition Appeal Tribunal has just refused permission. If they have the will and the energy, Mastercard could now ask the Court of Appeal to grant permission. However, this should not slow down the preparation for a final hearing. Bigger than Depp and Vardy!
Tuesday, 10 May 2022
There have been monumental changes in the divorce laws for England and Wales and they are now all in force. For a full explanation on how they work - with both primary and subordinate legislation covered - treat yourself to my book The Return of Breaking Law. And if you want a free ride or a big taster, take a view of my video (episode 12 - see below) on the subject and enjoy the wallpaper behind me.
Thursday, 21 April 2022