It is estimated that there are over three million people that are injured in an accident each year. This can be at home, in their own car, at work or even outdoors. Most of the time, these accident are someone else’s fault. This leaves the accident victims with the right to claim for compensation. But how should you do you this? What is the process of a personal injury claim? Read on to find out.
In the interest of exploring this topic, we’ve recently been keeping up with the ever developing story of the baby Gammy, a child that, after being born with down syndrome, was left behind by his intended adoptive parents. So, what exactly can you do in this circumstance? Where can you legally adopt a surrogate baby?
What exactly is surrogacy?
Define: Surrogacy –The process of giving birth as a surrogate mother or of arranging such a birth.
As the above definition shows, being a surrogate mother is a process in which a woman will become pregnant whilst simply having the intention of giving the subsequent child away to another party after the birth of the baby. This process comes about because the surrogate mother is to carry the baby for another party, i.e. a couple/parent who can’t have children themselves. Given this is the matter of fact, this party is known as “intended parents”.
It should be known that there are actually two separate forms of surrogacy. In the classic form of surrogacy, the egg of the surrogate mother is most commonly used, which would make her, by law, the genetic mother. In the more modern version of surrogacy (which is called gestational), the egg itself is actually provided by the intended parents, which is then fertilised through IVF.
Is surrogacy a legal process?
There are actually a number of countries that prohibit any form of surrogacy with children. These countries include Germany, Spain, Portugal and Bulgaria.
Though there are a considerable amount of countries opposed to the idea of surrogacy, a number of countries actually support the process. Countries such as the UK, Ireland and Belgium support surrogacy only when the surrogate mother is set to receive no payment. If you’re set to pay the mother a fee, this is classed as surrogacy of the ‘commercial’ type, which is strictly prohibited. This form of surrogacy is legal in a few American states, with the countries as well as Ukraine, Russia and India all supporting this.
Why would a woman become a surrogate mother?
It’s strange to think how doing something such as surrogacy for another party will take a major impact on the life of a woman, with it having multiple effects on her body. Yet, all of the legalities that lie behind surrogacy can cause more significant problems than just the physical changes in the surrogate.
The problem with surrogacy is that there is currently no existing international law for the process, so it’s possible that children and parents worldwide can be left in a state of vulnerability & loss in a number of circumstances.
Also, given that a baby needs to be born in a different country to meet laws over surrogacy, it can take a whopping seven months in order to allow the intended parents to take the baby back to their own country, opening a massive flaw in the overall workings of the process.
Many experts argue that an international agreement, similar to the Hague Adoption Convention, is needed so that rules are consistent across different countries.
A number of people agree that countries worldwide need to find common ground over the surrogacy process. Though there’s currently a divide in views over the process, a law should be met to cover babies and parents worldwide.
So, what do you think of our latest blog? Do you agree that there needs to be new laws in place?
The Court of Appeal has ruled on family migration into the UK, what do you think of the ruling?
The Court of Appeal has handed down a decision regarding the rules on family migration in the UK. It was suggested that British Citizens or partners settled lawfully within the UK would be required to show that they have an income of at least £18,600 P.A. before foreign partners from outside the European area can be allowed into the UK. Additional sums must also be required for each child they can bring into the UK.
The Court of Appeal has upheld the requirements as lawful. The court reached their decision on the basis that it wasn’t for the court to analyse the basis of Secretary of State’s decision to implement such requirements into the rules of immigration, which essentially are statements of administrative policy. This, in essence, is a restrained form of review and somewhat suggests a lack of willingness somewhat, definitely when interfering with the decisions of the government. The Supreme Court has also granted permission to those who wish to appeal, especially on arguments that include a mere rational belief is wrong. It’s also likely that the present case in its form will proceed to the Supreme Court.
The decision has come over four months after all of the appeal were heard throughout March 2014, coming two years after the original rules were introduced. Since this time the Secretary of State has imposed a stay on new applications which would otherwise have experienced refusal simply from failing to satisfy the new rules introduced. This will no doubt be lifted and it will give people an opportunity to finally mount an appeal against any negative decisions made. In the meantime, a considerable number of families will be kept apart, regardless of the affect they would or wouldn’t have on the state.
The rules have forced a massive number of British citizens to go and live in Europe for a considerable amount of time, exercising their right as a citizen of the EU, until they can lawfully come back months later with their spouses under the law of the European Union. In other cases, the new rules have forced people out of the United Kingdom and Europe altogether, even though they’re in Britain lawfully, having settled in the UK for many years. The impact that is has on young people is yet to be seen, but part-time workers and women, specifically those who come from a racial minority background and in low-paid jobs may actually be severe. All factors of the ruling will be under assessed and review numerous times in order to make sure that they’re not incredibly harsh.
For more on court appeals and Family Law Northampton, please visit our website.
Barristers call off walkout after legal aid cuts suspended
Criminal barristers are said to have called off their industrial strike regarding the legal aid payments proposed by the Government. A deal has been reached with the Ministry of Justice, one that agrees for the suspension of pay cuts until the next general election is complete.
The Ministry of Justice reported that it had agreed to defer a number of proposed savings until next summer when they will go under review. The MoJ also said that they are still intending to save £215m from the annual legal aid budget by 2018-19, but for now there won’t be any cuts until after the general election.
Regardless of the deal met between barristers and the MoJ, a planned two day walkout from solicitors and probation officers was still scheduled to take place as they found no difference with the MoJ. The two day walkout took place from the 31st March to 1st April.
Meetings were held between Grayling, the Bar Council, who represents barristers in England and Wales respectively, along with the Criminal Bar Association (CBA) and the Law Society, whom represent solicitors in England and Wales also.
The scheduled review in 2015 is set to take into account reports from Sir Bill Jeffrey on advocacy, Sir Brian Leveson on streamlining the practices in court and a retired judge, Geoffrey Rivilin.
Barristers had previously started to boycott VHCCs as part of the industrial action. The Ministry of Justice and the criminal bar have now both agreed to continue negotiating over such complex fraud cases.
Criminal barristers joined alongside solicitors in two mass walkouts previously, one taking place in January and another earlier last month, something that disrupted cases in magistrates and crown courts across England and Wales.
What exactly does litigation mean?
Litigation, in its simplest form, is the process of bringing in a court to enforce a particular right. It’s the act of bringing in a lawsuit to resolve any disputes that may arrive before a court.
When a member of the public begins a civil lawsuit, this person is entered into the process called litigation. Due to the rules of Civil Procedure, something which governs actions that are used in State and Federal courts, litigation is a process of steps (this can lead to a court trial and eventually a resolution of the matter at hand).
Before reaching a point of a lawsuit, the plaintiff (which is the person who starts the lawsuit) will demand a set of actions from the person they believe to have caused alleged injury or damage (the defendant). Given the demand is refused or ignored by the defendant; the plaintiff can proceed with the lawsuit by delivering a summons and complaint on the defendant, whilst filing this complaint with a civil trial court. The body of the complaint must summaries the state of the alleged injuries, linking them to the defendant, whilst ultimately requesting relief through money or other services.
Given that the complaint does not resolve any of the issues raised in the settlement, the plaintiff will then begin a process called discovery. This is where the plaintiff will send interrogatories (written questions) to the defendant that seeks information regarding the dispute. The plaintiff has the right to request a copy of the completed documents for later review. Once litigation begins, the defendant is also given the right to learn more regarding the plaintiff’s case. They are permitted to begin a discovery process of their own and this is something that may be conducted in a matter of weeks, sometimes years, depending on how complex the case is and what level of cooperation exists between the parties involved.
After the discovery process is completed by the parties, most courts will require both the plaintiff and the defendant to attend a conference in which they hope to reach a settlement before pushing the case onto a trial. Depending on the outcome, an agreement will be reached or given that the parties can’t reach a settlement, the litigation will then continue onto a trial. Close to the day of the trial, any side of the involved parties may often make a settlement offer in order to avoid court proceedings, something which can be costly, dragging out the process for a number of months. Given a settlement is reached, litigation is ended.
Given that the parties are still unable to settle their differences, a trial will be held. At the resulting trial both sides are given permission to bring forward evidence that they feel relevant, allowing them to try and prove to the courtroom/jury the truth behind any complaints made. If the plaintiff brings forward a convincing case, the defendant can look to end the case immediately. Alternatively, if the case of the plaintiff is weak, the defendant may ask the courtroom to dismiss the specific case. Given neither is put forward, the trial will proceed to a conclusion and either the judge or the jury will must decide which party prevails over the other.
Given that the defendant loses the lawsuit, the party can now ask the courtroom to throw out the verdict if they feel that the evidence did not warrant the decision, or the defendant can alternatively ask that any damages awarded to the plaintiff be lowered. The court has the right to grant or refuse these kinds of requests made by the defendant.
Once a final decision is made, litigation will end. The winning party is given the right to collect any outstanding damages from the losing party. After the losing party gives the agreed relief, the party is then entitled to receive a satisfaction of judgement from the prevailing party. This is filed with the trial court and attest to the happiness of the winning party, signifying the end of the case.
For more information and advice about civil litigation Northampton, please visit our website.