Tag Archives: access

I have been left out of a will, and it`s not fair. What can I do?

Options after being left out of a will

In these current dark days of the unknown when the cupboard is bare, and money is non-existent, people look to their friends and family for help financially.

‘I loved my father very much. He left me nothing in his will. He wouldn’t have done that to his own flesh and blood’.

No one gives you the will when you ask, out of embarrassment. Or was it really the case that you were left something, but they are withholding it from you?

The unknown creates all sorts of paranoia in all of us.

Continue reading

2 Comments

Filed under David`s posts

Harmonising civil procedure rules with family procedure rules for dispute resolution

‘Tis the season, blah, blah, blah…Peace on earth and goodwill to all men…

When I first started out as a solicitor, raring to do justice, defending the underdog, and protecting the innocent, (the usual), I was struck with a variety of differing rules and regulations dependent upon the jurisdiction of specific courts to deal with various matters. The County Court had the green book. The High Court had the white book.

Lord Justice Wolf, then set in motion the Civil Procedure Rules 1998 (‘CPR’), which had, in turn, an impact upon the criminal jurisdictions, namely the Criminal Procedure Rules, and the family courts, the Family Procedure Rules 2010 (‘FPR’). It is natural therefore that the rules and culture would adapt and evolve in time, tailor-made to family law or civil litigation as the case may be. Every so often, one or the other jurisdiction re-considers developments to their respective system as to whether it can be incorporated.

I practice in a number of jurisdictions including the commercial, criminal, family, and children: private law jurisdictions. I am frequently surprised that those solicitors and barristers, who practice specialist subjects in certain jurisdictions, are not aware of the rules of other jurisdictions, and developments of law and case law on certain issues. So often, jurisdictions overlap on issues which can be determined in courts (i.e. fraud in civil and criminal courts; property disputes involving family homes in both civil and family law jurisdictions).

Continue reading

2 Comments

Filed under David`s posts