The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
The consultation paper, Legal Aid: a sustainable future was published jointly by the Department for Constitutional Affairs and the Legal Services Commission (LSC) on 13 July 2006. It sets in motion a radical reform of the legal aid system. The consultation programme began immediately after the publication on the same day of the final report of the independent review of legal aid procurement chaired by Lord Carter of Coles.
Proposals include introducing, from April 2007, fixed and graduated fees for a wide variety of civil and family work; the introduction of a new fixed fee scheme in police stations; changes to standard fees for Magistrates' Court cases; an extension of the Graduated Fee Scheme to litigators in the Crown Court and a unified LSC contract for solicitor and not-for-profit providers. Unlike the crime proposals, which are set out in detail in Lord Carter's report, the proposals for civil, family and immigration legal aid are set out in detail in the consultation paper. Subject to the outcome of the consultation, all the family remuneration schemes proposed will become operational from April 2007 and all the schemes will eventually apply to all our providers. The fundamental principles are as follows:
The introduction of fixed and graduated fee schemes to replace hourly rates and tailored fixed fees in family work;
Eventually the schemes will apply to all providers including not for profit organisations that hold contracts;
There will be separate payments for disbursements, with some exceptions;
The statutory charge should no longer apply to any recovery or preservation of property at the Legal Help level.