Latest Legal News

Standing proud

It is reassuring to know the Bar will, even without a clear mandate, stand shoulder to shoulder alongside their solicitor colleagues

Early inheritance

More and more people are choosing to make lifetime gifts to their families and loved ones, but have the gifts been fully thought through?

Changes to confiscation law: part two

David Winch discusses amendments to confiscation law made by recent legislation, including changes to restraint orders and the new power to make compliance orders

You might think that contesting the validity of a 'homemade' will which overrides a previous will and leaves the entire estate to a new and unknown beneficiary would be successful - you would be wrong

Will its constitution cause Greece to call off the referendum?

Dimitrios Giannoulopoulos on whether the decision to pull out of the Euro is legal

Same rules apply

The test for mental capacity for making a lifetime transaction can be just as high as that required for when drafting a will, warns Margaret Windram

State of play: case summaries

Jennifer Ridgway and Karen Bayley review case law concerning the revocation of a power of attorney, constructive trusts and the management of a compensation award to a vulnerable client

Judicial ignorance

It is fair to say the US Supreme Court's (SCOTUS) recent groundbreaking decision to afford same-sex couples the right to marry has not been universally welcomed by our American cousins. For those of you who thought that Associate Justice Antonin Scalia's scathing dissent in the #loverules judgment would be the last intolerant or hypocritical word on the subject, you would have been wrong. Alabama has seen what was thought to be the beginning of a judicial resistance movement against the SCOTUS ruling after the chief justice of the state's Supreme Court ordered probate judges to deny issuing marriage licences to same-sex couples. Judge Roy Moore argued that same-sex marriage was 'invalid' in the Yellowhammer State after lawmakers passed a ban on such marriage, despite a federal judge striking down the state's prohibition on gay marriage in January. Now the same jurist, US District Judge Callie Granade, has ordered that all probate judges in the state must issue licences to gay couples. The order is the latest in a battle of wills between state and federal courts and is intended to resolve the protracted dispute over what probate judges are legally required to do. A number of Alabama counties, however, are continuing to ignore the SCOTUS and Granade rulings. One judge has even gone to the extraordinary measure of denying marriage licences to all couples, regardless of sexual orientation. Geneva County probate judge Fred Hamic told NBC News: 'It's against my religion to marry homosexuals,' before adding that Alabama law only says marriage licences 'may be issued' by probate judges. It remains to be seen how long judges such as Hamic and Moore can continue to stick their heads in the sand in a vain attempt to hold off the inevitable. Sweet home Alabama indeed.

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