Legal News - October 2010
Criminal suspects are at a disadvantage without a legal adviser
Date: 15/10/2010
A Legal Services Commission study has highlighted the critical role played by defence solicitors in giving advice at the police station to suspects. This comes at a time when the government is currently mulling over substantial cutbacks to criminal legal aid.
The study shows that if solicitors are involved early on at the police station this could lead to cost-savings where weak cases are challenged in the police station rather than in court.
Without legal advice it is expected that many detainees will not understand the complex nature of the criminal law and the legal elements required in order to make a case. In some cases this can result in suspects incriminating themselves despite no offence actually being committed.
Desmond Hudson, chief executive of the Law Society said ‘The right to access legal advice following arrest is an essential safeguard to ensure the integrity of the criminal justice process, and helps to prevent the significant human and financial costs that arise from wrongful convictions. It is in the interests of the police that suspects should be represented, and defence solicitors play a vital role in this process.’
Intestacy rules in need of updating
Date: 15/10/2010
A report by the National Centre for Social Research has found that nearly two-thirds of the people do not have a will, and a change in family relationships points to a need to amend the current rules of intestacy.
The research found strong support for the right of a surviving spouse to receive an inheritance, in line with current intestacy rules, with 80% saying that the surviving husband or wife should have priority over all other beneficiaries.
However, in relation to cohabiting couples, it showed the research parted from the existing rules as there is favourable support for the inclusion of cohabitants in the intestacy rules. Over 50% of respondents said a cohabitant should receive half or more of the estate in all circumstances.
The study shows that generally the intestacy rules have made a good job of reflecting the importance of family relationships for many years and they can continue to do so if they can be amended to take account of the more fluid, less formal ways in which more and more people now build their family lives.
House prices heading for a fall, surveyors warn
Date: 15/10/2010
House prices are likely to fall further due to a shortage of buyers, with the number of sellers currently outnumbering potential buyers, a Royal Institution of Chartered Surveyors (Rics) survey suggests.
Rics said 44% of its members had seen prices fall in the past three months with only 6% reporting that prices had risen, while 50% said they had been stable.
Meanwhile, figures from the Council of Mortgage Lenders showed that the number of home loans approved for house purchases in August had fallen by 8%.
The CML's figures showed that 51,600 mortgages were approved last month. Although this was down 8% on the previous month, it was still up 3% on the same period the previous year.
Rics spokesperson Ian Perry said it was "very much" a buyers' market.
"Without sufficient demand, property prices continue to slip back."
"However, many areas are reporting a correction, rather than dramatic falls in prices, and vendors who are prepared to be realistic with pricing are still able to achieve a sale."
Tax relief on pensions reduced
Date: 15/10/2010
The government has announced it will sharply restrict the amount of tax-free income that savers can put into pensions.
The annual limit will be reduced from £255,000 to £50,000 in April 2011.
Experts have warned that some people with long service in final-salary pension schemes might face unexpected tax bills.
The Treasury hopes the changes will eventually save it more than £4bn a year - which could be used to reduce the budget deficit.
The lifetime allowance on money that can be built up in a pension fund and receive tax relief has also fallen from £1.8m to £1.5m, but from April 2012.
High earners will continue to be paid tax relief on pension savings at the highest rate at which they pay income tax.