Legislation / Legal
Newswire – LEASE: Unwelcome chickens may be coming home to roost for people who bought flats in the 1970s & 1980s on relatively short leases of 125 years. Leaseholders have rights in law to extend their leases by 90 years (Leasehold Reform Housing and Urban Development Act, 1993), but the costs of doing so can jump dramatically, once the unexpired term of the lease gets below 80 years.
One of the main reasons for the big jump in costs when extending a lease of 80 years or less is that valuers must take into account ‘marriage value’. This is a measure of the potential for increase in the value of the flat arising from the grant of the new lease, and it has to be shared 50:50 between the parties. You can get a ballpark idea of the cost of extending your lease by using the quick calculator on the Leasehold Advisory Service (LEASE) web site.
ScotGov: An independent review of the system of rights of audience in the Supreme Courts has published its draft findings for comment. The review was commissioned by Justice Secretary, Kenny MacAskill, in September 2009, following concerns expressed by the Lord Justice Clerk Lord Gill in an Appeal Court ruling, and a call for a review by the Law Society of Scotland.
Comments should be submitted (thomsonreview@scotland.gsi.gov.uk) by 19 February 2010. The review is expected to publish its final report in March 2010.
ScotGov: A review looking at the potential impact of the UK Supreme Court on the Scottish legal system has been published by Professor Neil Walker of Edinburgh University. The review was commissioned by the Justice Secretary in December 2008, following the establishment of a new Supreme Court for the UK, to examine the possible effects of the new court on Scotland's distinct legal system.
In his final report, Professor Walker has put forward six possible models of reform. However, he focuses on 2 options in greatest detail, which could be characterised as an 'independence option' and a 'devolution max' option.
Press release ~ Final Apellate Jurisdiction in the Scottish Legal System - A Review (The Walker Report) ~ UK Supreme Court
MoJ: Legislative proposals included in the Children, Schools and Families Bill should encourage media attendance at family court cases, the Ministry of Justice has claimed. The proposed legislation aims to build on a rule change in April 2009 which permitted accredited media to attend most family cases, by allowing journalists to report the substance of cases while protecting the anonymity of children and families involved.
Measures to increase the public confidence in the family courts are being introduced in stages. The next stage is to allow broader reporting of family proceedings, which requires primary legislation. The proposals include an indefinite prohibition on the publication of any information that is likely to identify children & families as involved in proceedings, as well as restrictions on publishing sensitive personal information. The final stage would be a review, subject to parliamentary agreement, with a view to removing some of these restrictions.
Alongside these stages, a pilot scheme is underway at courts in Cardiff, Leeds & Wolverhampton to test the publishing of judgments in family cases on the internet.
Press release ~ A study of media attendance rules changes in family proceedings ~ Children, Schools and Families Bill ~ UK Press Card scheme ~ Family courts openness
DH: From last week, all NHS organisations are legally obliged to take account of the rights & pledges set out in the NHS Constitution. Among other things, it gives patients the legal rights to:
* access NHS services
* drugs & treatments approved by NICE
* choice about where they receive their care
*be treated with dignity & respect
Press release ~ NHS Constitution ~ NHS Constitution: a consultation on new patient rights (closes on 5 February 2010)
