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Leor Franks
2 April 2013
Invalid Wills – the challenge of proving lack of ‘testamentary capacity’
In 2013, the courts have held in two different cases (both involving warring siblings contesting a deceased parent’s estate where one sibling had been cut out of the deceased parent’s last will) that there was insufficient evidence to declare a Will invalid on the ground that the testator lacked ‘testamentary capacity’. However, in both cases, the disputed Wills were declared invalid on the ground of ‘want of knowledge and approval’.
22 March 2013
Defamation defence: honest comment or statement of fact?
“Honest comment” on a matter of public interest is one of the principle defences to an action for defamation (the others being justification (i.e. truth), absolute and qualified privilege). The defence of honest comment (or fair comment as it used to be known) reflects the protection that English law affords to an honest person who expresses an opinion, however “prejudiced, exaggerated or obstinate” that view may be. Aside from the requirement that the comment must be on a matter of public interest, it must also be based on facts which are true and the comment must be recognisable as comment as distinct from an imputation or statement of fact. A statement of fact which is not true and tends to make people think worse of a person or exposes him or her to ridicule, may well be defamatory.
8 March 2013
Are Civil Law Remedies being under used by victims of fraud?
In a recent press release in December 2012, the independent fraud watchdog the Fraud Advisory Panel commented that the legal system in the UK was effectively fighting fraud with one hand tied behind its back by under-valuing and under-utilising the civil remedies that are available to victims of fraud.
22 February 2013
After months of debating, will the Defamation Bill ever get its eagerly anticipated debut?
The Defamation Bill (the “Bill”) has been the subject of debate for over 9 months, after having had its first House of Commons reading on 10 May 2012. The Bill is due to get its Third Reading at the House of Lords on 25 February 2013, which is the last stage for it to be amended. Following this, it will be sent back to the House of Commons for consideration of any amendments before being passed on to receive Royal Assent.
14 February 2013
Celebrity photographs in public places - where is the privacy line?
Another week, another set of bikini clad pictures of Kate Middleton on a beach. It again raises the question: what is a reasonable level expectation of privacy for celebrities in respect of photographs taken of them when they are out and about in public.
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