GLOSSARY

British Islands definition

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What does British Islands mean?

The Interpretation Act 1978 provides that British Islands includes the United Kingdom, the Channel Islands and the Isle of Man, but not the Republic of Ireland.

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Scotland news analysis

Scotland news analysis News analysis 2022 This table contains an archive of news analysis on Scotland and Scots law developments that has been published within various practice areas. For specific content relating to coronavirus (COVID-19), see the COVID-19 Tracker—Scotland. col style="width: 33%;"> Date News analysis Brief description of news analysis 19 July 2022 SCTS publishes June 2022 Scottish criminal case throughput LNB News 19/07/2022 88 The Scottish Courts and Tribunal Service (SCTS) has published its monthly throughput of criminal cases in Scottish courts for June 2022. The figures show the volume of cases progressed each month in the Scottish criminal courts from April 2020, compared with average levels from pre coronavirus (COVID-19). 12 July 2022 Scottish government publishes analysis of responses to consultation on verdict system LNB News 12/07/2022 81 The Scottish government has published an independent analysis of the responses to the consultation on the not proven verdict and related reforms which ran from 13 December 2021 to 11 March 2022. The analysis sets out the responses and key findings of the consultation. The Scottish Government will use the key findings from the consultation analysis to consider the best approach to take and will announce any reforms that will be taken in the future. 12 July 2022 Scottish government announces pause of super sponsor scheme LNB News 12/07/2022 6 The Scottish government has announced that from July 2022 a three-month pause on

Military claims

Military claims Background It is helpful to put the law relating to military claims into historical context. Until 1987, section 10 of the Crown Proceedings Act 1947 (CPA 1947) prevented military personnel from bringing actions against the Crown in respect of death or personal injury caused by other members of the British Armed Forces. Sections 1 and 2 of the Crown Proceedings (Armed Forces) Act 1987 (CP(AF)A 1987) suspended CFA 1947, s 10, though the Secretary of State for Defence has the power to revive it when ‘necessary and expedient’. It is therefore worth bearing in mind that the Crown immunity formerly provided by CFA 1947, s 10 can be revived at some point in the future. The power might be invoked in future in times of full-scale war, although the immunity has not, of course, been revived during the conflicts in Iraq or Afghanistan. Possible avenues for injured service personnel Civil claim in negligence, breach of statutory duty of under the European Convention on Human Rights As a result of the suspension of the CPA 1947, s 10, members of the armed forces who have been injured in an accident are able to pursue a claim against the Ministry of Defence (MOD), subject to establishing a duty, breach and causation. By far the most common route is an action in negligence. Practitioners should note that service personnel cannot generally claim against

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What is the limitation period for an accident which occurred at sea? The claimant is a fisherman and was injured when he slipped on the vessel he was working on. The Merchant Shipping Act 1995 seems to apply only where the injury happens to someone on a different vessel and the Athens Convention applies to passengers. Can you direct me to any authority that dictates that the limitation period is less than three years (as long as English law applies)?

What is the limitation period for an accident which occurred at sea? The claimant is a fisherman and was injured when he slipped on the vessel he was working on. The Merchant Shipping Act 1995 seems to apply only where the injury happens to someone on a different vessel and the Athens Convention applies to passengers. Can you direct me to any authority that dictates that the limitation period is less than three years (as long as English law applies)? Dealing with a limitation issue Limitation is of critical importance. As noted in Practice Note: Dealing with a limitation issue, if a practitioner is in any doubt whatsoever as to the date on which proceedings should be issued, they should issue early to be on the safe side. The Limitation Act 1980 The Limitation Act 1980 (LA 1980) applies to the vast majority of personal injury claims. The ordinary limitation period for personal injury claims is governed by the provisions set out at LA 1980, ss 11 and 14. However, there are certain personal injury cases which fall outside of the usual limitation period. There are two sets of special provisions relating to an injury which occurs at sea or otherwise, on water. The Athens Convention The Convention applies to international carriage by sea. However, pursuant to section 184 and Schedule 6 to the Merchant Shipping Act 1995 (MSA 1995), the Convention,

When was the UK ancestry visa introduced in the UK? Was it introduced via the first set of the Immigration Rules implemented after the passage of the Immigration Act 1971?

When was the UK ancestry visa introduced in the UK? Was it introduced via the first set of the Immigration Rules implemented after the passage of the Immigration Act 1971? Section 3(2) of the Immigration Act 1971 (IA 1971) empowers the Secretary of State to lay before Parliament rules concerning the way in which people who are subject to immigration control can enter or remain in the UK: ‘The Secretary of State shall from time to time (and as soon as may be) lay before Parliament statements of the rules, or of any changes in the rules, laid down by him as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons required by this Act to have leave to enter, including any rules as to the period for which leave is to be given and the conditions to be attached in different circumstances; and section 1(4) above shall not be taken to require uniform provision to be made by the rules as regards admission of persons for a purpose or in a capacity specified in section 1(4) (and in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).’ These rules are commonly referred to as the Immigration Rules. The first sets of rules

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The scope and application of section 27 of the Matrimonial Causes Act 1973 (Villiers v Villiers)

Family analysis: In Villiers, the Court of Appeal allowed the wife’s appeal against a decision of Mr Justice Mostyn dismissing her application under section 27 of the Matrimonial Causes Act 1973 (MCA 1973). The Court of Appeal found that the court below was wrong for three reasons. First, that the ‘relevant date’ to assess an application under MCA 1973, s 27 should be the date of the hearing, not the date of the application, and alternatively, it was not procedurally fair for the judge below to raise a new material issue at a final hearing and then dismiss an application on that basis, given the history of the proceedings. In addition, that the common law principle that a husband has a duty to provide for his wife is outdated and no longer has any relevance to MCA 1973, s 27. Finally, that the jurisdiction for divorce proceedings is entirely separate from the jurisdiction for maintenance and an applicant may choose the best forum available. Jessica O’Driscoll-Breen, barrister at QEB Chambers, considers the issues.

Family monthly highlights—March 2021

This month’s edition of Family highlights includes consideration of financial claims following an overseas divorce, whether a claim may be made for pension contributions in Schedule 1 to the Children Act 1989 cases, and stays of proceedings under the 1996 Hague Convention. The court’s approach to an application based on failure to provide reasonable maintenance where a decree of divorce is sought in another jurisdiction is also set out, together with a consideration of contingent liabilities despite a clean break settlement, taking into account the Thwaite jurisdiction, and details of the new mediation voucher scheme launched by the Ministry of Justice. In addition to links to analysis of other key decisions, recently updated and new content is also detailed, including a new Practice Note on declarations as to marital and civil partnership status.

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