kerseys's blog

The news has recently reported that Amy Winehouse died without leaving a Will; moreover focusing on her ex-husband Blake Fielder-Civil not being entitled to a penny of her £3 million estate.

A tenant who applies to set aside a possession order made in their absence at court generally has to satisfy a three-part test laid down in the Court rules.  They have to show (1) that they have a good reason for not having attended the hearing, (2) that they acted promptly on learning of the possession order and (3) that they have a reasonable prospect of successfully defending the possession claim.  Alternatively, in appropriate circumstances it may be possible for a tenant to successfully appeal a possession order rather than apply to set it aside,

In 2008 a court in New Zealand ordered a child's first name to be changed because the child feared being "mocked and teased", and criticised the parents for poor judgement in choosing a name that made the child look foolish.

The child had been named Talula Does the Hula From Hawaii.  She called herself K. 

The effects of social networking and the net on the law are widespread.  We have posted blogs before about Twitter and superinjunctions, use of the net and Facebook by jurors and other such topics which have become headaches for judges as they try to catch up with the mature Information Age.  Now we have reports in the press of an issue which gets to one of the most sensitive and heart-rending areas of law: adoption of children. 

On the 9th November 2011, the Supreme Court laid down long awaited guidance on how to determine the respective beneficial interests of a couple in a property purchased in joint names, where there is no express declaration of trust.

What is the legal position regarding the St Paul's protest? 

There is a long tradition in this country of a right to protest but unfortunately in this case, the situation is complicated by trespass issues created by the encampment outside the Cathedral.

In the recent case of  'Hufton -v- Somerset County Council' [2011] EWCA the Court of Appeal considered the extent of a school's duty to prevent its pupils from injuring themselves whilst on the premises. 

The Claimant was a schoolgirl at the Defendant's school.  She suffered a knee injury when she slipped on water on the wooden floor of the school's assembly hall during a 'wet weather' break.

It is a sad fact that the rise of social network sites such as Twitter and Facebook has lead to an increase in activity by individuals known in internet slang as "trolls".  Trolling is the act of posting malicious comments in blogs, chat rooms or discussion forums with the intent of causing offence and upset to readers.

The European Court has found in favour of a pub landlord in Portsmouth to the effect that a law which has the effect of banning use of decoder cards to obtain a foreign broadcast of football matches, is contrary to EU competition law which protects free movement of services. 

About 1,000 files from a will-writing firm called Minster Legal Services (not solicitors) were recently dumped by their staff on the pavement in front of the offices of another will-writing firm in Doncaster. The sole director of Minster had died and this seems to have been Minster's way of attempting to transfer its business lock stock and barrel to another company, regardless of the interests of clients or even their basic right to confidentiality.