Jun/090
David Blundell, Chief Crown Prosecutor, retires
During the time when a man could not be charged with raping his wife unless they were divorced or there was a judicial separation order, David Blundell pushed the boundaries for one woman who suffered an horrific experience through the hands of her husband.
The man and his wife were separated but the man persisted in trying to have a relationship with the wife. After calling her up one night and asking if they could talk, the wife refused and the husband intruded in her home and attempted to rape her.
David Blundell saw this as an opportunity and tried the man for raping his wife. The husband pleaded guilty but then appealed. It went to The House Of Lords were his appeal was thrown out. Thanks to David Blundell’s boldness, the Government passed a legislation that a man could rape his wife.
Jun/090
Mother to face bitter custody battle after being jailed for adultery in Dubai
Dubai is a country with strict morality laws and if broken you can face the prospect of being jailed.
This happened to a UK mother, who after admitting having an affair was jailed for 2 months and is being deported. Dubai law states that during divorce proceedings and child custody mothers take custody of daughters, fathers of sons. However this is not the case with Mrs Sally Antia. As this is a case of adultery there will be a long battle for Mrs Antia ahead as the courts will see her as ‘unfit to look after the children’.
But Mrs Antia has vowed that she will do whatever it takes to get back her children.
Jun/090
HIPS being disregarded as housing market slows
Research shows that sellers are disregarding Home Information Packs in the current economy climate.
The packs, which cost £400, are essential by law now when selling a home and contain important information for the buyer such as copies of title deeds, any recent planning permission and area searches. However it seems some HIP’s aren’t becoming available until the house has been on the market for weeks, if at all.
This is partly because sellers don’t see the need for HIP’S. Some think they are a waste of money because most buyers don’t ask to see it and according to them doesn’t help to sell the house. The Government, however feel that HIP’S are worth having and do reduce the transaction time because they are making the market more clear.
Jun/090
Home Information Packs set to help Private Sector
The packs are being introduced to sellers of 4 or more bedroom houses. They will contain essential information to the buyer, and the government is to propose having the packs for all homes sold in England and Wales.
Copies of title deeds, any recent planning permission or building consent given on the property will be included in the packs as well as area searches and energy certificates.
Though some are opposed to the packs being introduced saying it will be costly to the house selling trade, most realize it’s a chance to expose rogue operators and will give the selling market to become clearer, more understandable and reduce chances of a sale falling through.
Jun/090
Equity release explained
Equity release is basically cashing in on the value of your home. Though the schemes differ slightly, but generally they work by giving you a cash loan to the value of your home. This works one of two ways, you can either receive the cash in a lump sum, or its divided and given to you as a monthly payment while you continue living in the property. The equity release companies recover the cash if you sell your property, or following your death they will then sell your property.
It can be an attractive way of boosting your monthly income, however, once people have done their research it is usually found that equity release is not the best way in getting funds. There are many drawbacks to Equity release, not least the arguments caused by family who are looking to inherit the property. If you are an older person who has decided to release the equity in your property, you may not receive as many payments as someone who is younger, therefore you are losing out. This is because you could die before the payments have reached the value of your home. Also, if you are living with someone they may have to move out because of the conditions of the equity release. Equity release can also cancel out benefits you would usually be entitled to.
These are all things that need to be considered before releasing the equity in your home. You need to think if you can find the funds for your healthcare elsewhere.
I.e. can relatives borrow you the money? Would moving to a smaller home be better?
Jun/090
Equity Release MUST be Last Resort
Research shows that our care system is failing. Only the critical cases are getting care provided by the local authority.
Low and moderate needs are cashing in on the value of their homes to provide the necessary funds to receive care in their old age.
Equity release schemes are now charging fairer rates of interest than before in a bid to clean up the financial services industry’s act. However, equity must still be seen as a last resort and consumers are being urged to seek help from their families, or use savings to fund themselves. Even moving to a smaller property or taking in a lodger should be avenues considered before equity release.
Jun/090
Gift of Deed not met leaves transferee in the lurch!
An elderly lady has had to face a difficult process when her deed of gift fell flat and she was not entitled to Income Support.
The elderly woman (the transferee) transferred her flat over to her daughter on the condition that the mortgage was paid off in full, and that the transferee was looked after by her daughter in the flat. The daughter has paid off the mortgage in full and has registered as the owner of the flat, but then evicted her mother form the property and held it on trust for her.
This means that the transferee is not entitled to Income Support as she had too much money to apply for it because the flat was being held in trust. If for any reason the flat were sold and the mother was claiming income support she would not be entitled to any of the proceeds from the flats sale.
This has raised a major issue because many such parents are offering their children a deed of gift such as the above case, so many will face being unable to claim benefits when the time comes they cannot practically live there.
The court ruled that because there was at least £6000 of capital in the flat and this was the relevant capital limit under regulation 45 of income support regulations 1987, the ruling was made that the court could not interfere.
Jun/090
Muslim Marriages MUST have their marriages registered under English Law
Many Muslim women are not aware that even though they have their Islamic Ceremony in the UK, if it is not registered under English law women have no matrimonial rights. This is causing many problems within the English judicial system. When the marriage is not registered under English law, the woman becomes the cohabite. When this is the case, a declaration of trust must be obtained from the court to be able to provide any equality or justice.
A London Muslim solicitor, Aina Khan, is urging UK lawyers to become aware of this situation so that fairness can be brought to English Courts.
Jun/090
Will Wrexham Lose Their Place in the League?
Last year the Wrexham ground went into administration, but Alex Hamilton is fighting the decision in a bid to gain control of the ground again. Mr Hamilton took on the club in May 2004 and invested his own money to clear the grounds debts. But in December the ground went into administration and the administrators took Mr Hamilton to court to “set aside the Declaration Of Trust”.
Though the court say Mr Hamilton shouldn’t of put the ground under the control of Hamiltons company Crucialmove.Ltd, Mr Hamilton says he has never been able to express his side in court and the decision was unfair.
Mr Hamilton eventually lost his appeal to win back the ground.















