Archive for August, 2014

Irate Father Sent Chilling DVD to Social Workers

A distressed father who was jailed for contempt of court after sending a chilling DVD to social workers involved in taking his three-year-old son into care and placing him for adoption has been freed by a judge who accepted his belated apology. The DVD, in which the father appeared hooded and gagged, was sent to a number of council employees. It included clips of bound and gagged people, one of whom had a gun held to his head. The father warned that he was ‘coming for’ his son – ‘T’ – and vowed to ‘go public’ unless the boy was returned to his care. Concerned for the safety of its staff, the council obtained an injunction against the father which, amongst other things, forbade him from publishing the DVD or talking to journalists about T’s case. He was also banned from ... Read more

Property Developers Must Face Multi-Million-Pound Debts

A couple who engaged in property development on borrowed money must face up to their multi-million-pound debts after the High Court ruled that their various defences to a bank’s claim were either hopeless or stood no reasonable prospect of success. The couple, who carried on business via an unincorporated trust, had enjoyed the benefit of a £3 million loan facility to provide them with working capital. They argued, amongst other things, that they had been released in writing from the terms of the facility; that the bank had failed to disclose its own severe financial difficulties and that legal proceedings had not been properly served on the wife. All the couple’s defences were, however, ruled unviable by the Court and summary judgment was entered in the bank’s favour for almost £2 million, that being the sum that remained outstanding under the ... Read more

Stroke Victim Can Die With Dignity

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Conversion of Civil Partnership Into Marriage Will Not Revoke Will

It is regrettably not well known that marriage revokes an existing will (unless the will was specifically made in contemplation of marriage), so when a couple are married, they need to write new wills. The same has been true of civil partnerships since the Civil Partnership Act 2004 came into effect. Following an extended debate, from 14 December 2014, civil partnerships will be able to be converted into marriages under the Marriage (Same Sex Couples) Act 2013 and the same sex marriage will be treated as commencing on the day the civil partnership commenced. However, the Act did not state whether the conversion of a civil partnership into a marriage would revoke an earlier will. To remedy this uncertainty, legislation is currently before Parliament that will provide that the conversion of a civil partnership into a marriage will not invalidate an earlier ... Read more