header-logo header-logo

05 February 2009
Issue: 7355 / Categories: Features , Local government , Constitutional law
printer mail-detail

Civil way: 6 February 2009

Featured this week

Court in recession
Of high interest

For how much longer can the 8% judgment debt interest rate be justified? Easily the best investment on the globe at the moment—so long as the debtor ultimately pays up. Debtors may soon be asking for pre-judgment interest, on which the court has discretion, to be awarded at less than 8% or over a shortened period. The commercial debt late payment rate of 8% over base coupled with late payment compensation of £40 to £100 are even better bets for the creditor. And what of the hapless former wife saddled with a statutory charge attracting 8%? That rate has remained constant for over three years. Time for a reduction.

The economic gloom may have overtaken the policymaking on intestacy limits. The Family Provision (Intestate Succession) Order 2009 (SI 2009/135) on which consultation closed over three years ago increases the statutory legacy in favour of the spouse or civil partner from £125,000 to £250,000 where there are children and from £200,000 to £450,000 where there are parents or siblings but no children in relation to intestacies

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll