Month: January 2018

Daily Mirror claim important legal costs victory in Naomi Campbell case

The Daily Mirror claimed an important victory yesterday in a ruling from The European Court of Human Rights (ECHR). The decision is likely to hasten the calls for reform of the rules governing legal costs.

In 2004 The House of Lords found that The Daily Mirror had breached the supermodel’s privacy in an article about her drug addiction. However, the supermodel’s lawyers represented her on the basis of a so called “No Win-No Fee” Agreement. As a result the newspaper had to pay legal costs in the region of 1million, which included a success fee payable to Naomi Campbell’s lawyers. The ECHR has now ruled that the 1million the paper had to pay was too much and that the Daily Mirror’s freedom of expression was violated by the legal costs it had to pay when it lost the privacy case. The newspaper will now consider a claim for compensation with the government.

The government had already published a green paper recently on reforming legal costs. This follows the Review of legal costs by Lord Justice Jackson. One of the main proposals in the recent green paper is that “success fees” will no longer be recoverable from the losing side in litigation.

This ECHR decision is likely to add to the pressure on these reforms going through sooner rather than later. It will also be interesting to see whether any parties involved in litigation seek to use this ruling to attack legal costs bills by arguing they infringe other human rights, such as the right to a fair trial.

Trethowans is a leading regional legal practice in the South of England. Our strong team of lawyers excel in their respective fields led by Commercial Services, Personal Injury and Commercial Property. Our commercial services include; property, corporate and litigation work, intellectual property and e-business/IT, licensing, employment, business recovery and insurance litigation.

Seek Appropriate Legal Help for Dealing with Accident Trauma!

Life is too uncertain for you to predict what can happen the next moment. You could win a fortune, become bankrupt, get divorced or suffer from an accident. Injuries resulting from accidents are difficult to deal with and could be debilitating. Suffering due to someone else’s mistakes and paying for it takes a lot of patience and acceptance. If the injuries are in critical organs like the brain or spinal cord, then life takes a serious turn for the victim and his family. Moreover, there are a lot of emotional and financial repercussions. A heavy injury needs surgical operation and could make you spend millions at times. It may not always be possible for you to divulge that amount from your pocket. And why should you? You got wounded for no fault of yours. It is not easy to hire a lawyer who could get you justice in claiming your personal injury compensation. There are a number of insurance and legal complications which are not always easy to comprehend and implement. Many a time, it takes years to settle the claim, and this serves no purpose to the injured victim who requires immediate help. If you reside in the US, the accident laws are different for each state. Alaska is an island of US and the state follows different rules than other American states. If you have got injured in an accident in Alaska, then the Alaska law firm Anchorage Accident Law Group is the firm you can contact for legal assistance. They help you get full settlement as per what you deserve. Their staff is efficient and expert in the insurance law complexities. They also offer free consultation over phone before the client is convinced of their services and wishes to arrange for a physical meeting. They have a specialized team of Anchorage Accident Attorneys who help you with the right counsel regarding accident matters. Whether you have been injured in a car accident, air plane crash, drunken driving accident, firearm accidents and industrial accidents, or you have suffered from brain/spinal cord injuries, wrongful death or investment and financial misconduct, they help you deal with the insurance agencies with knowledge and tact. It is a popular firm in the industry and they strive to provide you with full and fair compensation in the best way they can. You will also get you adequate property damage compensation if you follow certain rules that are laid down by the insurance industry.

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Is It Legal To Carry Bowie Knives In Public

Considering the leniency of America’s weapons laws, it might seem like a no-brainer that you can carry that new Bowie knife out in public. However, before you head out the door, you should stop and check your state’s laws governing knife carrying in public. While Bowie knives might not be mentioned specifically, you’ll find that there are rules governing blade length and method of carry for all knives and some knives are excluded almost universally. You’ll find that quite a few states take a dim view of butterfly knives (balisongs), as well as switchblades and other automatic knives. Bowie knives are no exception to this rule.

As an example of the laws governing knife carry in the US, let’s look at the state of Colorado. This state allows pocketknives to be carried both openly and concealed, so long as they have a blade shorter than 3 and 1/2 inches in length. They also allow fixed blade knifes and dirks/daggers, so long as the blade is shorter than 3 and 1/2 inches. Of course, your Bowie knife is likely a bit longer than this, as the blade should be at least 6 inches long to qualify as a Bowie. Therefore, you cannot carry your Bowie knife in public within Colorado, whether concealed or in the open.

Another example of the great disparity between state laws concerning knives is Arizona, in this state, you can carry any type of knife openly, including Bowie knives and even automatic knives. However, they have to be worn outside of your clothing and sheathed, unless it is a small pocketknife.

As you can see, the laws governing Bowie knives in the public view vary considerably throughout the US. Your state’s website can be the most valuable resource to which you have access. You should also consider contacting your local police department or sheriff’s department, as they can provide you with information.

As you can see, determining whether or not you can take that Bowie knife with you out of the house can be a bit confusing. Speak with your local police station, or consult your state’s specific website to find out what laws govern your ability to carry a knife in public, whether concealed or out in the open.

The Difference Between Legal Separation And Divorce In Oregon

In Oregon, the distinction between divorce and legal separation is an important one. Both require a court ruling to dictate the terms and put the process into effect, but they have different implications. Since each state determines their own rules regarding divorce, it is necessary for those people considering dissolution of a marriage to learn what is allowable in the state of Oregon. Therefore, a consultation with a divorce lawyer is highly recommended even if both parties are in full agreement.

Oregon is a “no fault” state in terms of divorce proceedings. A person wishing to end their marriage does not need a specific reason to do so. Simply not getting along with a spouse and being unable to remedy the situation, known legally as “irreconcilable differences”, is an adequate reason for filing. “No fault” divorces are distinct from “fault” divorces whereby legal grounds such as adultery, cruelty or desertion are required.

As an alternative to divorce, some couples choose to legally separate. There are several benefits to going this route as opposed to immediately filing for dissolution of marriage. A legal separation resembles a divorce in that a judge decides:

* Who gets custody of children (if there are any involved);

* Who pays child support and how much;

* How the property, including homes and retirement benefits, is divided;

* Whether spousal support is merited

To file for divorce in Oregon, one or both parties must have resided in the state a minimum of six months prior to filing. Secondly, the paperwork must be submitted and filed in one party’s county of residence. Once these requirements are met, three steps follow: A petition for divorce must be filed with the county clerk stationed at the local courthouse, the petition must be officially served on the spouse and the associated fees must be paid.

Legal separation may be in the best interest of one or both parties. If, for instance, religious beliefs prohibit divorce or if the Oregon residency requirements have not yet been met, separation is a possibility. This allows for the continuation of any medical benefits and any property inheritance rights remain intact. Moreover, a person can be shielded from liability should their spouse run up any debts during the separation period, but only if they are in an equitable distribution state such as Oregon.

A petition can still be filed for dissolution of the marriage within two years of filing for legal separation. Whether contested or uncontested, consulting with a divorce attorney is advisable when seeking a divorce or separation. Their expertise and experience in this area of law provide people with answers to complicated questions as well as peace of mind during a trying time in their lives.