THOUSANDS of vulnerable Scots could be thrown in to legal limbo after a court questioned the validity of documents that allow loved ones to make decisions on their behalf.
Lawyers have warned as many as half of all continuing Powers of Attorney (PoA), papers drawn up by solicitors to let friends or family manage the financial and property affairs of those incapable of doing so themselves, could be invalid.
Their concerns were sparked when Sheriff John A Baird, writing in a formal judgment, argued that a single continuing PoA, drawn up in a standard style, was illegal.
His view would see thousands of families and institutions forced to redraft PoAs.
However, some documents now in doubt may have been signed by people who were of sound mind when they did so, but who are no longer capable of making such a decision.
French labor unions have signed a law requiring employees to shut off their smartphones at exactly 6 p.m, preventing bosses from hounding workers after they have fulfilled the hours they are responsible for.
Palestinian refugee children have written to Massachusetts Governor Deval Patrick describing the struggles of their families to get sufficient water to meet their basic needs after Patrick led a large trade delegation to Israel last ...
Wow. What a game! England and Uruguay faced off for an incredible World Cup match-up on June 19. And after Uruguay's Luis Suarez clinched the victory for his nation with a late goal — his second of the game — fans ...
WHEN it comes to family violence, there is a huge gap between the rhetoric and the reality. We all want women and their children to be safe from abuse, but at present the system is particularly stacked against the kids.
You might be surprised to know the rights of an abusive, violent parent comes before the rights of their child.
That’s right. Under the present law, a father can threaten to kill his partner, hit her and set her house on fire and he can still get access to their children.
This is very wrong.
Clearly, the law needs to change. Violent men should not be allowed to play happy families every second weekend.
Greece has announced its decision to join the 15 countries already participating in EU rules which allow international couples to select which country's law applies to their divorce. Under the rules, in place since June 2012, EU Member States decided to proceed with integration through the 'enhanced cooperation' procedure.
The regulation on the law applicable to divorce aims to provide assistance to weaker partners during divorce disputes. International couples are able to agree in advance which law would apply in the event of their divorce or legal separation. In case the couple cannot agree, judges will have a common formula for deciding which country's law applies. The Regulation has no effect on national divorce or marriage laws, nor does it foresee the adoption of rules affecting substantive family law of the Member States.
With almost 1 million divorces in the EU area in 2009 (Eurostat data) the solution helps couples of different nationalities, those living apart in different countries or those living together in a country other than their home country and protects them from complicated, lengthy and painful procedures.
The United Kingdom has not indicated any intention to join the scheme.
Details of the other 15 signatories
EU governments adopted the Council Decision authorising enhanced cooperation on the law applicable to divorce and legal separation in July 2010 (IP/10/917). As a consequence, the 14 participating countries (Austria, Belgium, Bulgaria, France, Germany, Hungary, Italy, Latvia, Luxembourg, Malta, Portugal, Romania, Slovenia and Spain) adopted a Council Regulation that contains detailed rules on the choice of the law applicable to international divorces (called Rome III Regulation). The Regulation entered into application on 21 June 2012. It has no effect on national divorce or marriage laws
A man “frittered away” £95,000 of his elderly mother’s cash on holidays and a honeymoon, after he was made power of attorney over her financial affairs.
Engineer Michael Edward Palframan, from Connah's Quay, used the cash to fund a lavish lifestyle, bought jewellery and even used it to pay for his honeymoon – a sunshine Caribbean cruise.
Palframan, 53, of St David’s Court, was jailed for two years and eight months at MoldCrown Court today after he admitted two charges of dishonestly abusing his position as power of attorney over the affairs of Louise Palframan, 84, by applying her funds for his own purposes.
Mrs Palframan's home was sold in order to fund her care in a residential home – but after the defendant spent the proceeds from that sale, he started dipping into her pension.
EUROPE JAZZ MEDIA CHART JULY 2014 NEW EUROPEAN JAZZ CHART
A number of jazz magazines from across Europe have come together under the banner Europe Jazz Media to work on common objectives in encouraging and strengthening interest in jazz and spreading awareness of the development and diversity of the music. One of the first initiatives is the Europe Jazz Media chart: a non-sales related chart that reveals some of the hot new music surfacing across the continent right now.
An illiberal democracy, also called a pseudo democracy, partial democracy, low intensity democracy, empty democracy or hybrid regime, is a governing system in which, although elections take place, citizens are cut off from knowledge about the activities of those who exercise real power because of the lack of civil liberties.
It is not an 'open society'. There are many countries "that are categorized as neither "free" nor "not free," but as "probably free," falling somewhere between democratic and nondemocratic regimes. This may be because a constitution limiting government powers exists, but its liberties are ignored, or because an adequate legal constitutional framework of liberties does not exist.
The term illiberal democracy was used by Fareed Zakaria in a regularly cited 1997 article in the journal Foreign Affairs.
According to Fareed Zakaria, illiberal democracies are increasing around the world and are increasingly limiting the freedoms of the people they represent. Zakaria points out that in the West, electoral democracy and civil liberties (of speech, religion, etc.) go hand in hand. But around the world, the two concepts are coming apart. He argues that democracy without constitutional liberalism is producing centralized regimes, the erosion of liberty, ethnic competition, conflict, and war. He points out that Russia is democratic but because of Putin’s super presidency, illiberal. In order to solve this problem, Zakaria proposes that the international community and the United States must end their obsession with balloting and promote gradual liberalization of societies.
Advertise with Crime & JusticeA father who stabbed his son to death during an argument has been convicted of his murder. George Joseph , 77 , of Kendal House, Collier Street, Islington, was convicted of murder of Paul Joseph at the Old Bailey today, Wednesday, 2 April. Police launched a murder investigation after Paul Joseph was found dead at a residential address in Islington. Officers were called by London Ambulance Service at approximately 22.00 hrs on Monday 7 October to an address in Kendal House, Collier Street, Islington. Paul Joseph was pronounced dead at the scene. A post-mortem examination took place on Tuesday, 8 October, at Whittington Hospital at 12:00hrs. [...]
This Fact Sheet aims at presenting the main findings and recommendations from both parts of this research; the quantitative one developed through a survey conducted with 900 Albanian children, interviewed during December 2013 – January 2014, aged 13-18 years old; and the qualitative one developed through a legal and policy review related to child online safety in Albania.
This research was initiated from World Vision Albania and Kosovo and Child Protection and Participation Learning Hub. The survey took place in Tirana, Korca, Shkodra, Vlora, Elbasan, and Peshkopi. 67% of these children live in rural area and 55% of them are girls.