About this blog

Accessible legal tips, know-how and news for anyone with a complaint or legal issue from Stephen Gold, author of The Return of Breaking Law, the book

Friday, 24 June 2022

RESIDENTIAL GROUND RENT BAN START: RETIREMENT HOMES TO BE INCLUDED

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

MASTERCARD CLAIM: LATEST

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

NEW DIVORCE LAWS

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.

Tuesday, 29 March 2022

NEW DIVORCE LAWS: COSTS GUIDANCE ISSUED

As I predicted in my video on the new divorce laws coming into force next week, the President of the High Court's Family Division has issued (just yesterday) guidance on how the courts should approach an application by one party for an order that the other party should pay their costs of proceedings. In fact, the guidance covers not only proceedings for divorce but proceedings for a dissolution of a civil partnership or for separation in marriage and civil partnership where mirror reforms will also come into force on 06 April 2022.

The guidance has a special eye on proceedings that are uncontested and where, because of the legal reforms, the court will no longer be considering the conduct of either party towards the other during their relationship. It makes clear, however, that the conduct of the party being asked to pay the costs of the other party in connection with the actual proceedings, rather than the relationship, may be relevant. This will be particularly so if, for example, the other party has attempted to evade service of court documentation and increased the costs as a result. Raising spurious or unreasonable arguments in proceedings will also be taken into account and could lead to a costs order.

This guidance in no way affects current proceedings or those which are started between now and 06 April 2022. This means, as I have been suggesting, that bringing proceedings under the current laws may well make it more likely that the blameless party will score on costs than under the new laws.

All is explained in my video which you can access by clicking on the video image in one of the posts below. 






Wednesday, 16 March 2022

NEW DIVORCE LAWS START ON 6 APRIL 2022: VIEW FREE VIDEO

The Divorce, Dissolution and Separation Act 2022 WILL be fully in force on 06 April 2022. It's official. Thank the commencement regulations which have now been made - SI 2022/283.

Bring proceedings now or wait until 06 April 2022. How will the new laws work? For painless answers to these and other questions, click on my free video and settle down for twenty minutes......with a drink.