Gill Laing

Money laundering is a centuries-old problem and one which has become a major concern in an age which is both global and digital. The nature of the gambling sector is such that it can be an attractive target for criminals, which is why reputable gambling operators have long seen the implementation of anti-money-laundering strategies as an important part of their business, as have the relevant regulatory bodies and lawmakers. The EU 4th Money Laundering Directive and The Proceeds of Crime Act 2002 These two documents form the backbone of the UK’s strategy on money-laundering prevention both in general and with…

Nemo dat quod non habet, literally means “no one gives what he doesn’t have”. This is a legal rule, sometimes called the nemo dat rule, which states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. It is equivalent to the civil “Nemo plus iuris ad alium transferre potest quam ipse habet” rule, which means “one cannot transfer more rights than he has”. The rule usually stays valid even if the purchaser does not know that the seller has no right to claim ownership of the object…

A new fee structure is coming into force for UK-licensed online gambling operators during 2017. The majority of operators will see a discount while a number will see an increase in their fees. The UK Gambling Commission along with the Department for Culture, Media and Sport have been working together on a consultation, with the results being posted on the UK Gambling Commission website. The commission was developed around the proposed change to the structure of the license fee present in UK gambling law which will come into play on April 6th 2017. As a result of changes made to…

The vote to leave the EU in June of this year has left many people concerned about what the future holds for the country, especially when it comes to employment & immigration law. The reason is mainly because many of the employment laws in the UK come from EU law and this could lead to problems. For both employers and employees there is a level of uncertainty, while the government are pushing for a feeling of continuity. The government have attempted to douse any concerns by stating that worker’s rights will not change. The way in which the government are…

Cuts to legal aid provision have led to an increasing number of people appearing as a family law litigant in person, particularly in divorce cases. The Family Justice Council have released a new guide, titled “Sorting Out Finances on Divorce” to help a family law litigant in person navigate the complicated issues involved. The guide can be freely downloaded from either the government or judiciary websites.  It provides a complete guide for those who are going through the divorce but are unable to afford the advice and support of a legal professional. It provides a complete map for the process…

The UK consistently has one of the lowest fatal injury rate across the EU according to HSE statistics. Thankfully fatal injuries, classed as a personal injury resulting in the death of an injured person, are rare events In 2012 the standardised fatality rate was 0.58 fatalities per 100,000 workers. This compares favourably with other comparable EU economies. The following list shows fatality rates per 100,000 workers: France 2.64 Spain 1.99 Italy 1.29 Germany 0.9 UK 0.58 The detail statistics  also show that the UK has one of the lowest absence due to work related illness rates in the EU. The…

The recent Queen’s Speech contained a number of key family law reform for various areas of the law. In particular, the speech unveiled a set of proposals aimed at reforming family law. The biggest set of family law reform contained within the speech relates to care and adoption. The Children and Social Work Bill has proposed a major shake-up of adoption laws, designed to improve the situation both for children and for families who would like to adopt. It increases the emphasis on permanent adoption into a stable home and family, and aims to make the process of adoption faster…

Mr. Gomes is the American teacher who was held captive in North Korea during much of the year 2010.  Today, Aijalon Gomes is one of a handful of westerners to have been held as an expatriate,  international prisoner of conscience by the North Korean regime. Five years on from his ordeal, Mr. Gomes is living in Boston and pursuing his normal life, and he has graciously agreed to discuss his captivity for human rights students everywhere. Questions Q: In January of 2010, you were an American living in Seoul, teaching English lessons to Korean students there. And you had found a…

Refusing prisoners legal aid in both England and Wales  which would enable them to question the way in which they are held could be illegal according to the Court of Appeal. The Howard League for Penal Reform and the Prisoners’ Advice Service (PAS) charities have both been given permission by senior judges to put forward a new case that questions the legality of the budgetary restrictions that were brought in by the Ministry of Justice. It is likely that there could be many individuals who may find it difficult to take part if they do not have the support as…

Fathers Family Court – Do fathers get a raw deal from the family courts? It is not uncommon for fathers to claim that social workers, Cafcass officers and Judges discriminate against men when deciding issues about who a child should live with, or what contact arrangements should be in place. Recent research by academics at the Universities of Warwick and Reading found that the courts demonstrated no gender bias in contested cases about where a child should live. However, despite this apparently positive conclusion, the researchers’ factual findings demonstrate that there are significant gender imbalances in the private law children’s…

This April marked the very first anniversary of the family law changes to the family justice system and it was classed as the start of a cultural revolution. There are still a large number of family break-ups making the news which leads to questions surrounding whether the changes have had any real affect at all? There were several family law changes that were put in place such as the single family court, new child arrangement orders which have been put in place to replace the previous ‘residence and ‘contact’ labels, compulsory mediation session for all those couples potentially heading for…

New law introduced in May under the Small Business, Enterprise and Employment Act 2015 The first commencement order made under the Small Business, Enterprise and Employment Act 2015 has been published. From 26th May 2015, this brought into effect the following: Section 153 which inserts a new section 27A into the Employment Rights Act 1996 to prohibit clauses that prevent exclusivity in zero hours contracts and a new section 27B which gives the Secretary of State power to make further provision dealing with the anti-avoidance aspects. Section 152 which inserts section 19A into the National Minimum Wage Act 1998, to…

Exclusivity terms unenforceable in zero hours comes into force under s 164(1). This section inserts the Employment Rights Act 1996, Pt 2A, which renders unenforceable any exclusivity term (see s 27A(3)) in a “zero hours contract” (see s 27A(1)) and provides power to the Secretary of State to make further provision in relation to “zero hours workers” (see s 27B(2)) in regulations. At present, an individual subject to exclusivity terms in their zero-hours contract cannot seek work elsewhere, regardless of whether the employer offers only occasional, minimal, or even no hours of work but in my experience not many zero…

The Gateshead Citizens Advice Centre has recently created Job Law in response to demand for employment help.

The issues raised as a result of the UK riots which took place in 2011 has resulted in the Home Office publishing a draft riot bill to deal with them, however, there are concerns raised by insurers and lawyers that suggest claimants could be left out of pocket. The Riot Compensation Bill replaces the Riot Act 1886 which is outdated and would offer a more modern way for the public to make a compensation claim for any loss as a result of civil unrest. Included in the proposals are plans to put a cap on the claim limit for those…

The Royal College of Surgeons spoke to the BBC and reported that current protocol states that general practitioners, the kind of doctor you see for a chest infection or flu jab are allowed to perform nose job surgeries and alike. This poses a problem for patients, and claims have also been made by additional medical professionals particularly those working in the genuine fields of plastic surgery that there is an all-time high in the number of patients seeking revisionary surgery, in order to undo damage caused by previous operations. Patients who have been at this end of the treatment were…

UK SUNBED owners could find themselves facing sunbed burn claims for damages following a landmark case in Australia. Jay Allen, 35, regularly used sunbeds over a four-year period at two Fitness First centres. He was later diagnosed with skin cancer, stage-three melanoma, and took action against the international fitness chain. He was awarded an undisclosed settlement and has vowed to continue his fight for a national ban on sunbeds in Australia. Closer to home, the spotlight is once again shining on sunbeds after the International Agency for Research on Cancer concluded they were ‘definitely carcinogenic to humans’. Richard Biggs, associate…

At the rate medical negligence expenses are increasing, The Medical Defense Union states that total sum could cost each taxpayer an astonishing £1,000 a year. Defendants of medical negligence claims called out to end the shocking financial burden that puts the National Health Service on hot water. The NHS Litigation Authority, a not-for-profit department of NHS which provides security against legal claims towards the NHS, has reported a savings of £25.6bn for known and future claims, backed by an uncertain 18% increase on medical negligence claims from last year to this year. It has been said that claims have inflated…

A family law survey by national law firm Simpson Millar has revealed the complexities facing divorced and separated parents at Christmas time. The research showed that: 42% of newly separated parents cannot remain on speaking terms to make arrangements Dads feel greater need to compete for kids’ affections than mums after divorce or separation 30% worry about the influence of new boyfriend/girlfriend 11% of children have ‘2 Christmas days’ 23% of divorced and separated parents spent Christmas together 36% have sought legal advice to help them find a solution Only 13% of parents ask their children what they would like…

Dying without a will is common. In the UK, approximately two thirds of all people who die don’t leave a will. This means they die intestate, and according to an article in the Guardian, new laws for these situations were introduced on October 1. The changes will not effect those who leave assets of less than £250,000, but those who leave a larger estate will be affected. Where does the unclaimed money go? The new rules are very complex and using the services of a solicitor is advisable. Getting a will written up is becoming more important than ever due…