Donatio Mortis Causa, Prison Marriages, and Pigeons

Welcome to legal and business roundups, sharing the latest developments and noteworthy events in the legal and business sectors

Thank you for subscribing to my newsletter and welcome! In today’s fast-paced world, it’s overwhelming to keep up. That’s why I’ve curated a round-up of headlines that interest me. You can read more into the storylines using the links provided. Stay informed, enhance your commercial awareness, and gain valuable insights. Sit back, relax, and let this newsletter be your companion in navigating news and knowledge.

Head of CPS allows 24-hour courts

After the shocking events over the weekend with violence and disorder across the country by rioters, the CPS has pledged to deploy extra lawyers to deal with the mass of cases. There have been two hotels set on fire where asylum seekers were staying. The head of the CPS has authorised additional court sessions and lawyers are being advised to make immediate charging decisions, and work round the clock.

You can find out more here.

Donatio Mortis Causa

Following up on a case Suspicious Salmon looked at a few months ago, the Roman law inheritance case has now made its way to Appeal. As a recap, during the 2020 lockdowns, Al Mahmood changed his Will to give his estate to a close family friend. He was unable to validly execute his Will due to needing a witness and instead sent a text. It is said he did not know about the temporary video-conference witnesses that had been put in place during the time. However, a doctrine of Roman law, donatio mortis causa, a gift ‘in contemplation of death’ made his Will valid.

The family who lost out on the estate have won permission to appeal over a “potential precedent of importance”.

You can find out more here.

Right to Marriage for Prisoners

On the 2nd August, the Victims and Prisoners Act 2024 came into force. This Act has removed the right of prisoners who are serving whole life sentences to get married, some argue this could breach Article 12 ECHR which contains the right to marriage.

Lord chancellor Shabana Mahmood said: ‘Victims should not be tormented by seeing those who commit the most depraved crimes enjoy the moments in life that were stolen from their loved ones. That is why I have acted as soon as possible to stop these marriages and give victims the support they deserve.’ The Lord chancellor will still be able to permit marriages in exceptional cases.

You can find out more here.

£4.1bn lost on error and fraud in business tax schemes

HMRC reveal that £4.1 billion has been lost since 2020 due to error and fraud in tax schemes that were designed to encourage research and development in business. The tax schemes include The Corporation Tax Research and Development tax relief scheme and the Research and Development Expenditure Credit were designed to reward companies investing in innovation and new ideas. They were allowed to offset money and pay less tax.

“Tax expert Colin Hailey told a House of Lords committee in November 2022 that dishonest business owners were taking advantage because computers automatically approved any claim.”

You can find out more here.

Whistleblowing in the workplace

“The annual number of claims involving public interest disclosures — or whistleblowing — in the tribunal system increased by 92 per cent between 2015 and 2023”. However there is concern that employers aren’t dealing with the situation and are instead referring them to tribunal. This could be highlighting that internal work processes are not working.

Another potential reason for the increase is the protection that whistleblowers can bring a case to tribunal from the first day of the job, rather than having to be an employee of 2 years to bring claims such as unfair dismissal.

You can find out more here.

Fun fact!

In San Francisco it is illegal to feed pigeons on the streets as they spread disease and damage property. If you’re caught providing food to San Francisco’s pigeons, you could face a hefty fine. It is even encouraged to report “pigeon feeders” to the police.

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