Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email infoatqccartoondotcom  (infoatqccartoondotcom)  .

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March 30, 2015   Posted in: Cartoons  No Comments

Three Things You Should Be Looking For In A Divorce Firm

Consideration was given for the editing and publishing of this post.
When a marriage comes to an end, it’s important for men to find high quality, results-driven legal services that will help bring the matter to a close in a professional, mutually beneficial manner. To ensure that this happens, it’s important that you attain representation from an absolutely amazing divorce attorney. To ensure that you can find the ideal firm, be sure to look for the following three things in the divorce firm:
1. A Great Reputation.
One of the first things you should be looking for in a divorce firm is a great reputation. Generally, divorce attorneys and the firms they work for obtain a favorable reputation from the public because they consistently offer cutting edge, customized services that engender the desired outcome. With this reality in mind, it’s important for you to critically analyze a divorce firm’s reputation in order to determine whether it is predominantly positive. There are numerous strategies you can employ to make this happen such as viewing more and more reviews left on internet sites regarding the nature and efficacy of the firm’s legal services. You can access reviews about the divorce firm Cordell & Cordell by visiting www.pleasedclient.com.
2. Reasonable Prices.
Another thing you should definitely be looking for in a divorce firm is reasonable prices. Reasonable prices are important because you don’t want to pay exorbitant prices for services that you could have attained a much more cost-effective rate for. In recognizing this reality, be sure that you’re comparing and contrasting the costs of several divorce firms before you make your final decision.
3. Outstanding Customer Service.
One final thing you should be seeking out in your legal services is outstanding customer service. Filing and completing a divorce can be a lengthy and emotionally challenging endeavor, and this is one of the reasons that you want to put yourself in the hands of professionals who will provide you with the customized care and genuine concern that you need and deserve. When you work with a divorce firm that offers outstanding customer service by treating you kindly and expediting the legal process as much as possible, the divorce proceedings will become much less stressful and emotionally taxing.
Conclusion
If you’re serious about finding the ideal legal representation to help finalize your divorce, it’s important to note that there are several things you should be looking for in a firm. To be successful in your search, make sure that you’re seeking out representation from a firm that possesses the aforementioned traits.

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March 27, 2015   Posted in: News  Comments Closed

Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email infoatqccartoondotcom  (infoatqccartoondotcom)  .

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March 23, 2015   Posted in: News  Comments Closed

BPC Hotels Ltd & Ors v Brooke North 16/1/15 (TCC)

The Claimants alleged that the Defendant firm had engaged in deliberate concealment by destroying relevant documents relating to their conduct of previous transactional work so as to postpone the running of time under the Limitation Act 1980. On the Defendant’s application for summary judgment, the Court held that the contemporaneous documentation did not reveal any indication of knowledge on the part of the firm that they were aware of inadequate conduct and the other documents did not reveal knowledge that the pertinent documents were missing from the files at the relevant time. Accordingly summary judgment was granted.

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March 17, 2015   Posted in: Case Reports  Comments Closed

Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email infoatqccartoondotcom  (infoatqccartoondotcom)  .

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March 16, 2015   Posted in: News  Comments Closed

Living Abroad and Getting Divorced? Ease the Pressure with These Three Tips

Consideration was given for the editing and publication of this post.

A significant proportion of UK citizens have considered a move abroad at some point in their lives – 75% of us, according to some reports.

For many, this remains a pipedream, but our increasingly globalised world is breaking down the barriers to emigration. Often with the promise of better climate, a more interesting lifestyle or the lure of an exciting new job, thousands of Britons actually do emigrate each year. Commonly, they take their families with them: husbands, wives, partners and children.

While the dream of a new life is often idyllic in practice as well as theory, all too commonly, it doesn’t go to plan.

The stress of the move, excitement of a new life and even homesickness are all factors which can lead to the breakdown of relationships.

If you find yourself in this situation, it can understandably be extremely stressful. Here are some tips on what to do to protect yourself:

  1. Choose the right jurisdiction for your own interests.

It is a common misconception that divorcing couples may only launch proceedings in the country they currently live in, or the country in which they got married.

In actual fact, proceedings can often be brought in a choice of jurisdictions – providing domicile has not been relinquished from your home land.

Considering that jurisdiction can have a significant impact on the way that child custody and the split of property is arranged further down the line, this is an important decision to make.

For example, divorces brought through English courts are seen to be quite generous towards the divorcing wife, who could theoretically claim long-term spousal maintenance or a share of a husband’s pension. Pre-nuptial agreements have varied standing with English judges.

In contrast, courts in the UAE specifically prohibit this, and generally allow each party to leave the marriage with all assets held in their own individual names. In the USA, pre-nuptial agreements are more common and are often upheld, with less regard paid to the perceived fairness as in other jurisdictions – focus being on the honour of the contract itself. Scandinavian divorce, for example, is very egalitarian: assuming each party simply holds no responsibility to the other, allowing both to simply get on with their lives. There is no divorce at all in Malta. Jurisdiction, in these cases, is highly important for all parties involved.

It’s also of worth to consider process: What could take 8-10 weeks in the UAE could take months in the UK.

  1. Be the first to file for divorce.

Once you have firmly decided on the jurisdiction which will best serve your own interests, it is vital that you are the first to file.

Proceedings will take place on a first-come, first-serve basis, meaning that whoever files earlier will decide on where divorce will be finalised. This can often lead to a race to file – although bear in mind that lawyers in your jurisdiction can file for you.

If you are abroad and wish to file in the UK, for example – this can be done just by speaking to a solicitor, like this one, who importantly has experience in dealing with the complexities of an expatriate divorce case.

  1. Try to remain civil.

While, of course, there are some situations in which this remains an impossibility, but remaining civil with your estranged spouse – particularly if there are children involved – makes the process of divorce significantly more smooth and less stressful than otherwise.

Try a mediation course, to try and reconcile some of the larger disparancies between you both. These can often be surprisingly successful – and whilst not reconciling your marriage, potentially salvaging a friendship.

So if worse comes to worst while you’re living abroad, do not fear. By keeping your wits about you, and being strategic with each step of the divorce, you stand in good stead – and in no worse position, legally, than if you had stayed at home. Good luck!

This article was written by Anastasia Evans.

SOURCES:

http://www.expatriatelaw.com/where-to-divorce/

http://www.telegraph.co.uk/finance/personalfinance/expat-money/8356609/The-difficulties-of-divorcing-overseas.html

http://www.dailymail.co.uk/femail/article-1276829/The-expat-dream-killed-marriages-Dont-pack-bags-sell-youve-read-salutary-stories.html

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March 13, 2015   Posted in: News  Comments Closed

Entrepreneurs and investors – the UK is open for business!

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The British economy has certainly got off to a good start. This week the Office for National Statistics (ONS) announced the UK’s economy grew by 2.6% last year, the fastest pace since 2007, coupled with a recent article reporting that 60% of small businesses say they expect profit growth this year. These figures now place the UK among the best performing of all the major economies in 2014.

The economic resurgence is being further stimulated by Britain’s active support for non-EEA nationals to consider entrepreneurial and investment opportunities within the UK through Tier 1 business immigration visas.

The Tier 1 visa rules are designed to attract high net worth individuals from outside the EEA wishing to start-up a business or invest in the UK:

Tier 1 Entrepreneur visa

Under a Tier 1 Entrepreneur visa, successful applicants can set up or take over the running of one business or more as a self-employed individual, provided the work meets the criteria for being self-employed. Successful applicants can also bring family members and dependants with them.

To be eligible for a Tier 1 entrepreneur visa, applicants have to be from outside the EEA and Switzerland, and be able to show they have access to at least £200,000 investment funds and the skills, qualifications and experience necessary to establish a viable business in the UK.

Tier 1 Investor visa
A Tier 1 Investor visa allows investments of £2,000,000 or more in the UK. Successful applicants are permitted to invest in government bonds, share capital or loan capital in active and trading UK registered companies. Investor visa holders can also work, study or engage in business activities in the UK.

To apply for a Tier 1 Investor visa, applicants must be from outside the EEA and Switzerland, and show they want to invest £2,000,000 or more in the UK. The investment funds must either belong to the applicant, their spouse or civil partner and they must be held in one or more regulated financial institutions and be available to be transferred to and invested in the UK.

Welcoming Tier 1 business visas

Too often the news is full of negative information regarding migration to the UK, but the doors are open for all Tier 1 investors and entrepreneurs.

Prime Minister, David Cameron confirms: “As part of our long-term economic plan, we are determined to do everything we can to back business, support investment and create jobs. We are already taking action on that front including cutting corporation tax to the lowest rate in the G7 but we’ve got to keep listening to business about what more we can do to support them.”

Our business team is off to Turkey in February to meet with potential business investors, and Beijing the month after. The UK is fast becoming known as a land where opportunity abounds.

If you have a client from outside the EEA who has a business idea or who wishes to invest in an existing UK business, please contact us to discuss the full eligibility criteria and the options available to secure a Tier 1 business visa.

Anne Morris – Managing Director, DavidsonMorris

DavidsonMorris, immigration solicitors London, is a modern legal services provider specialising in immigration law. We support a range of private and commercial clients with expertise in the financial services, petrochemical and education sectors, advising major multi-nationals, FTSE 100 and Global 2000 companies, to help them meet their global mobility needs.

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March 10, 2015   Posted in: News  Comments Closed

Ames v The Spamhaus Project, [2015] EWHC 127 (QB), Warby J, 27 January 2015

The Cs are involved in a bulk email marketing services business. D is a not-for-profit organisation which tracks and reports on sources of spam on the internet. D named the Cs as spammers on its website (it placed D 1st in its Top 10 list of world’s worst spammers and also included it on its “ROKSO list”, a register of known spam offenders). Addresses relating to the Cs and a photograph of the 2nd C were also published on D’s website. The Cs commenced a claim in libel, misuse of private information and copyright (in relation to the photograph). D applied for strike-out on the ground of abuse of process and summary judgment. D argued that (1) the Cs had no reputation in England and Wales; (2) that publication was minimal; (3) that the Ds had suffered no serious harm, nor was any serious harm likely; and finally (4) that publication had ceased and D had no intention to republish. The Cs cross-applied to re-amend their statements of case to add a claim in respect of publication in the United States.

In a judgment which gave helpful guidance on the ‘serious harm to reputation’ test in section 1 of the Defamation Act, Warby J held that the Cs had a real prospect of succeeding in establishing that publication of the words within the jurisdiction had caused serious harm to their reputations. The full meaning imputed seriously unlawful, deceitful conduct, which was inherently seriously harmful to reputation. It was not clear that the extent of publication within the jurisdiction had been limited. Further, there was considerable overlap between the three causes of action and the issues that needed to be determined for the privacy and copyright claims would add very little to the claim in terms of time and cost, so they would not be struck out either. The Cs would be granted permission to re-amend their Particulars of Claim to plead a claim in libel in respect of publication in the US. Following the Court of Appeal’s decision in OPO v MLA, in the absence of evidence to the contrary the court will presume that foreign law is the same as English law.

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March 10, 2015   Posted in: Case Reports  Comments Closed

Internet Newsletter for Lawyers March/April 2015

We’re pleased to tell you that the latest issue of the Internet Newsletter for Lawyers is now published. Print subscribers will receive their print issues shortly.

In this issue

  • CPD – Ruth Bird and Natasha Choolhun look at the new SRA competence requirements in the online environment
  • Advertising – Shireen Smith of Azrights examines whether you should bid on AdWords for a competitor’s trade marks
  • Computers and law – Ruth Baker, long-time General Manager of SCL, remembers developments during her tenure
  • Social media – Barrister Colin Yeo describes how he uses social media for personal and professional development
  • CRM – Sue Bramall of Berners Marketing on how to implement a contact management system effectively
  • Know your client – Loyita Worley of Reed Smith guides us through the resources available for researching sanctions
  • VAT – Nick Holmes reviews the onerous new VAT rules on cross-border sales of digital services
  • Richard Hugo-Hamman of LEAP Legal Software offers 5 practical tips to make the paperless office happen (an online feature)

Access the Newsletter online

Enjoy the Newsletter.

Regards

Nick Holmes and Delia Venables

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March 9, 2015   Posted in: News  Comments Closed

Monday morning with Alex Williams’ cartoons

qccartoon
This cartoon is by Alex Williams who draws the Queen’s Counsel cartoons for The Times and in numerous books including The Queen’s Counsel Lawyer’s Omnibus. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email infoatqccartoondotcom  (infoatqccartoondotcom)  .

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March 9, 2015   Posted in: Cartoons  Comments Closed