The Latest News From Mortlake Law

    Latest News

    May Newsletter
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    Since my last newsletter, many of you have undoubtedly needed to adjust, so I do hope you and your families are staying safe and well.But if like me, you did…

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    HELPFUL FAMILY WEB SITES
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    There are many FREE ways to get guidance, advice and support during a break-up, separation and divorce. I’ve set out below a list of organisations that you should find helpful…

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    Wills in the Coronavirus (COVID-19) ERA
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    Updating Wills During Coronavirus Crisis Clients of all ages are now concerned about the coronavirus pandemic and its impact on their lives; unsurprisingly their attention turns to the contents of…

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    Commercial mediation in the days of a Pandemic
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    Businesses may feel that they should suspend normal processes such as formal contractual notices and ADR clauses in order to try to work things out in a spirit of mutual…

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    Commercial tenant and rent agreements
    As a commercial tenant can you withhold or reduce your rent due to the coronavirus pandemic?
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    Many landlords and tenants of commercial property have not resolved issues of rent arising from 25 March quarter day. This occurred only 2 days before the Covid-19 lockdown started in…

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    CORONAVIRUS LAW
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    Wales to introduce 2-metre coronavirus law to protect workers Employers will be asked to take ‘all reasonable actions’ to comply with new legislation The Welsh first minister, Mark Drakeford, said…

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    Boris Johnson and Divorce
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    Firstly let me congratulate Boris on his ascent to being our new Prime Minister. I wish him every success in the role. I hope Boris can follow the Duke of…

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    Mediation over Co-habitants share in a property-TOLATA
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    When in London this last week I was asked by Solicitors to mediate in what is known in the trade as “TOLATA” standing for “Trusts of Land etc”. This involves…

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    5 cases in the law of tort we all should know!
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    See http://www.open.edu/openlearn/society-politics-law/law/five-tort-law-cases-you-should-know O.U must be congratulated for showing law cases in such a humorous way;less dry than the old law reports!

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    THE DIVORCE,DISSOLUTION AND SEPARATION BILL

    The Divorce, Dissolution and Separation Bill received its first reading on 13 June. It will receive its second reading on a date to be announced.

    The Bill will establish ‘no fault’ divorce by substituting section 1 of the Matrimonial Causes at 1973.

    It will:
    Replace the current requirement to evidence either a conduct or separation ‘fact’ with the provision of a statement of irretrievable breakdown of the marriage (couples can opt to make this a joint statement).
    Remove the possibility of contesting the decision to divorce, as a statement will be conclusive evidence that the marriage has broken down.
    Introduce a new minimum period of 20 weeks from the start of proceedings to confirmation to the court that a conditional order may be made, allowing greater opportunity for reflection and, where couples cannot reconcile and divorce is inevitable, agreeing practical arrangements for the future.
    Justice Secretary David Gauke said:
    “Marriage will always be a vitally important institution in society, but when a relationship breaks down it cannot be right that the law adds fuel to the fire by incentivising couples to blame each other.

    “By removing the unnecessary mud-slinging the current process can needlessly rake up, we’ll make sure the law plays its part in allowing couples to move on as amicably and constructively as possible.

    “I’m proud to introduce this important legislation which will make a genuine difference to many children and families.”
    Margaret Heathcote, Chair of Resolution, said:
    “We’re delighted that the government is introducing legislation which will help reduce conflict between divorcing couples.

    “Every day, our members are helping people through separation, taking a constructive, non-confrontational approach in line with our Code of Practice. However, because of our outdated divorce laws, they’ve been working effectively with one arm tied behind their backs.

    “These proposals have the support of the public, politicians, and professionals. We therefore call on MPs and members of the House of Lords to pass this Bill without unnecessary delay, and end the blame game for divorcing couples as soon as possible.”