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Author - Pepperells

Cohabitation and separation, is everything about to change?

In a world where cohabitation is the norm for the majority of couples, it may surprise you to know that common law marriage does not exist. Subsequently, the routes for financial remedy available to cohabiting couples on separation drastically differ to those which are available to couples upon divorce. However, this could be set to change. On 15th March 2019 The Cohabitation Rights Bill had its second reading in the House of Lords and has been committed to a [...]

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Where There’s a “Will” There’s a Way

The Private Client Team here at Pepperells cannot stress enough the importance of having a valid and legal Will in place. Whether you are married, co-habiting, have children, parents and/ or siblings it crucial that your wishes are reflected in a Will. We hear many people ask “why do I need to make a Will, I don’t have anything valuable to leave”. It is important to make people aware that you do not necessarily need anything valuable to leave in [...]

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Domestic violence and the DWP

On the 22 February 2019 the Department for Work and Pensions (the “DWP”) published a guide providing information for survivors of domestic violence and abuse about the services and support offered by them. Often survivors of domestic violence and abuse are fearful to leave abusive relationships due to the financial implications. Survivors are worried about where they will live and if financially dependent on their partner how they will afford to live. The measures adopted by the DWP seems to [...]

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Knife Crime Prevention Orders

The disturbing and growing rate of knife crimes in England and Wales is clear for everyone to see. However, the following statistics may come as a shocking surprise to some. Ten teenagers and children have been killed already in 2019 as a result of knife crime. During Channel 4’s show, Dispatches, it was revealed that there had been a 93% rise in hospital admissions for attacks with a knife or other sharp object on children under 16 since 2012. The government, [...]

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Medical Negligence

The healthcare system in England, Wales and Northern Ireland is predominately provided by the NHS. NHS care is usually very good and most people do not have any problems. However, things can go wrong and when mistakes are made they can be catastrophic and life changing. If a mistake is made by a healthcare practitioner then you may be able to pursue a claim for medical negligence. What is medical negligence? Medical professionals have a duty of care to their patients and [...]

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Myth-busting the age-old question: How can you defend someone you know is guilty?

All criminal law advocates are asked this question at least once in their career. Interestingly, however, people never ask: “How can you prosecute someone you know is innocent?” Barristers are subject to the Bar Standards Board Code of Conduct and it would be unethical and illegal to knowingly mislead a court. If a client tells their barrister they are guilty, that barrister simply cannot tell a court they are innocent. When advised upon the strength of the prosecution case and the [...]

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Should people receive assistance in committing suicide?

In the recent case of R (on the application of Conway) v Secretary of State for Justice, Mr. Noel Conway was refused the right to receive assistance to end his life following a diagnosis of Motor Neurone Disease (MND) a number of years ago. Despite his initial application and subsequent appeal being rejected, Mr. Conway set out an interesting argument which may prove essential in Parliament changing their current stance on assisted suicide. When arguing his case, Mr. Conway [...]

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Is a no-fault divorce going to be introduced in 2019?

Will 2019 be the year we see an end to the blame game when it comes to divorce? At the end of 2018, it was announced by the Government that it is committed to helping couples divorce more amicably. Currently, the person who starts proceedings must prove that the marriage has irretrievably broke down by establishing one of the five facts: Adultery Unreasonable behaviour Desertion 2 years separation with consent 5 years separation (no consent required) The government have proposed a consultation with the consideration of: Retaining [...]

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Pupillage Interview – Top Tip

The pupillage gateway for 2019 is now closed and all of you aspiring barristers will be eagerly awaiting a response from your desired sets.  First of all, do not be disheartened if you do not get an interview – you do not know what that set was specifically looking for. Do not take it personally. Make sure you still apply to that chambers next time around as what they are looking for will change. For those of you who [...]

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Landmark Draft Legislation for Victims of Domestic Abuse

The Government’s new plans to tackle domestic abuse comes in the form of the new draft Bill known as “Transforming the Response to Domestic Abuse: Consultation Response and Draft Bill”. This Bill, which is yet to be published, has been introduced as part of the Government’s plans to transform the way we think about domestic abuse and includes new measures to effectively tackle domestic abuse. One the most important measures to be welcomed by not only legal professionals but victims [...]

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