Will – Confusion over a Gift

Scarfe and another v Matthews and others: ChD (Mr N Strauss QC (sitting as a deputy judge)): 5 September 2012 The instant proceedings concerned the administration of the will of the late Mr Bernard Matthews (BM), the founder of a very successful turkey farming and food production business. In November 2010, BM died, survived by…




DV Research

There is no specific criminal offence of domestic violence. Instead, a definition that refers to “incidents of threatening behaviour, violence or abuse” was adopted by the Government in 2004. The Government have announced a new definition of Domestic Violence so it now includes young people under 18. Not only does the definition cover a wider…




Annika’s Diary # 11

Since my last Training Contract Blog I have been working more closely with our Family Partner Anna Brunt. I am still attending Court to represent clients in applications for Non Molestation Orders, Prohibited Steps Orders and Residence Orders. However, my experience at the County Court has increased, as I have been representing clients further along…




Annika’s Diary # 10

Since my last Blog I have attended the Police Station on two occasions, both in and out of office hours. These visits involved an alleged offence of Theft and also a Charge. I had never attended the Police Station for a Charge before, so this was a new experience. The Charging procedure is very straightforward….




Landmark ‘Divorce’ Settlement in Civil Partnership Breakdown

For the first time the Court of Appeal has adjusted a settlement between two men following a civil partnership breakdown. Originally Mrs Justice Parker ruled that Mr Donald Gallagher should be awarded a £1.7m ‘divorce’ settlement. However, three Appeal Court judges reduced this sum by more than £250,000. The parties entered in to their relationship…




No Fault Divorces

The President of the High Court’s Family Division, Sir Nicholas Wall has said: “No fault divorces should become standard”. Sir Nicholas believes this would be better than the current procedure of proving that one side is responsible for the breakdown of a marriage. Sir Nicholas Wall argues that the “time for allocating blame for the…




Annika’s Diary # 9

Since my last Blog I have began training in a new area of Law: Criminal Law. I am now Police Station Representative registered and I am a ‘Probationary Police Station Representative’. This means that I am currently shadowing our Criminal Solicitors when they represent a client at the police station both in and out of…




Legal Aid Update

Under the current proposals in the Legal Aid Sentencing and Punishment of Offenders Bill, before an individual qualifies for Legal Aid in cases involving Domestic Violence they must prove that Domestic Violence has occurred by showing they have taken civil or criminal proceedings against the alleged perpetrator. This is clearly a very restrictive evidential requirement…




Cuts Leave Defendants Un-represented

Since the Governments scrapping of the £318 fixed fee for committal proceedings in either- way cases it has been stated that more Defendants are being left un-represented in the Magistrates’ Court. Since the changes came in to force on the 3rd October 2011 solicitors have not been paid for work in the Magistrates’ Court in…




Annika’s Diary # 8

This week a few of the Lewis Rodgers Team had a training session on Drug Testing in our Macclesfield office. The session was very informative and helpful as Drug Testing can be ordered by Judges in a number of different applications. Drug Testing can be ordered in both Public and Private Law Children applications and…