Legal Features

Articles

Purpose alone can no longer determine if there is a deprivation of liberty

Earlier findings by Lord Justice Munby that safeguards do not apply because deprivation of liberty has a benevolent purpose are no longer supported by the more recent approach taken by the European Court of Human Rights, writes David Hewitt

The public is being misled about pre-signed abortion certificates

Health secretary Andrew Lansley's attack on doctors pre-signing abortion certificates is both wrong in law and ignores the realities of medical life, says Barbara Hewson

Crisis of confidence: Data protection issues for law firms in the EU

Firms in the EU are at higher risk of incurring penalties for failing to protect client data, warn Andrew Horrocks and Charlotte Worlock of Clyde & Co

Come together

Collaborative law can provide clients with the control and privacy needed to resolve family disputes, says Jane Cowley

Children update

As the courts are getting to grips with new family models, Noel Arnold reviews how they approach the protection of children's interests

Landlord and tenant update

Tessa Shepperson reviews the effectiveness of tenancy deposit regulation, including the de facto unenforceability of landlords' financial penalties, and whether the new provisions in the Localism Act will make a difference at all

Who will pay for the expert's report?

As DJ Tacy Cronin considers whether a divorced couple's monies under lien with one of their solicitors should be used to pay for an expert in a contact dispute, she finds out how involving Cafcass could avoid the expense altogether

The end of nil rate band trusts for couples?

Now that married couples and civil partners can claim the transferable nil-rate band, is there any point in setting up a nil-rate band trust on the first death, and, if so, what are the benefits and options? Karen Miller assesses the position