Newswire 101
By Steve Butler and Joe Reevy
Number 101
25th May 2006
Nobody has expressed a preference for either version of the newswire
and this week I have been adding items to the site as the week has
progressed and I'll try to do so in future. So keep your eye on
the site for constant updates. This version is more directly
linked to the website.
You can read the full text version of the newswire here:
http://www.uklawyers.co.uk/cms/section/newswires.html
There will be no newswire on 1 June because of the bank holiday.
The next newswire should be on 8th June 2006.
Meanwhile keep checking the website which will be reasonably
up-to-date.
.
TRY OUR NEW BLOG : http://ukblawgers.blogspot.com
and add some comments!
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PART ONE
(This will be easier to operate when we eventually get the HTML
version issued in due course.)
========================================
UKLawyers E X P R E S S . . . . .>>>>
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Legal Newswires on the Run
By Steve Butler and Joe Reevy
Number 8
25 May 2006
TRY OUR NEW BLOG : http://ukblawgers.blogspot.com
and add some comments!
Only 14 links take you to the latest legal news.
Up to date to 25 May 2006.
These links now show news items in reverse datal order for ease of
reference.
Commercial and Contract
http://www.uklawyers.co.uk/cms/latest/lt_commercial
Crime and Punishment
http://www.uklawyers.co.uk/cms/latest/lt_crime
Employment and Discrimination
http://www.uklawyers.co.uk/cms/latest/lt_employment
Family
http://www.uklawyers.co.uk/cms/latest/lt_family
General
http://www.uklawyers.co.uk/cms/latest/lt_general
Government
http://www.uklawyers.co.uk/cms/latest/lt_government
Immigration and Nationality
http://www.uklawyers.co.uk/cms/latest/lt_immigration
Intellectual Property and Computers
http://www.uklawyers.co.uk/cms/latest/lt_ip
International/Europe
http://www.uklawyers.co.uk/cms/latest/lt_europe
Land and Environment
http://www.uklawyers.co.uk/cms/latest/lt_land
Legal Practice and Lawyers
http://www.uklawyers.co.uk/cms/latest/lt_legalpractice
Litigation, Courts and Human Rights
http://www.uklawyers.co.uk/cms/latest/lt_litigation
Money, Property and Tax
http://www.uklawyers.co.uk/cms/latest/lt_money
Personal Injury
http://www.uklawyers.co.uk/cms/latest/lt_pi
FULL uklawyers legal newswire on the website - issue 101
http://www.uklawyers.co.uk/cms/section/newswires.html
BUT also reproduced in full in PART TWO below.
Please ask three friends to visit the website and subscribe to
this Newswire today - follow the link on the site to register for
the wire.
PART TWO
TRY OUR NEW BLOG : http://ukblawgers.blogspot.com
and add some comments!
Contents
The Leading Question - Web Trends - What is the Commercial Answer?
"E-Business Newsletter Feature
Criminal Sites Feature
Site Of The Week -Richard Tomlinson's Blog against MI6
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Globe Theatre Section
Oh! What Lovely Law!
Legal Practitioner
The Leading Question
Web Trends - What is the Commercial Answer?
Two conflicting trends exercise my mind this week, prompted in
part by the two House of Lords decisions in the case of Miller and
McFarlane and in part by my discovery via Delia Venables of a long
established criminal site.
The House of Lords has given decisions in the two conjoined
appeals relating to ancillary relief in which the wives won hands
down (or so it seems at first glance.) Good for them, say I, but
that is not the point of this article. The decision was well
publicised in advance and the HL judgments were on the website for
all to see on the morning of the judgment day. That is as it
should be - open law, easily available to all, even in family
cases. But look on the web for less important but still
influential if not actually binding precedents about family law,
especially where children are concerned, and you will find 90% of
cases only on commercial sites where you have to pay a large
subscription to get access. Family Court Reporter seems to be the
main beneficiary of this arrangement and it is nothing short of
diabolical. Why should we have to pay a large amount equivalent
to the cost of the printed material to see these reports on the
web? Some have cited difficulties with anonymising the cases but
that should never be a problem in the days of word-processors.
Perhaps the move by the government towards public hearings of
family cases (see later in the wire) will help to open up this
market.
Compare this with the criminal law scene. As featured later in
this wire there are two excellent free web based resources for
criminal law - CrimeLine.info from Andrew Keogh of Tuckers and
www.criminalsolicitor.net. Andrew is a well respected advocate
and author and his website content (not perhaps its style)
reflects his considerable abilities. I don't know much about the
authors of the criminalsolicitor.net site but there seem to be
three of them and they obviously know their stuff. Both sites
have links to web-based source material and both have summaries of
important cases and weblinks to their judgments when available.
Despite trawling the web for the last 5 years or so both these
sites have only recently come to my notice even though both are
well established with many registered users. But they are almost
identical. What a waste of time having two separate sites which
are both excellent but duplicate each other and earn very little
money. Andrew has recently started incorporating his material
into his Crime Wiki which is a brilliant idea and means that more
people are likely to see it and use it. But why doesn't
criminalsolicitor.net incorporate its material into the Wiki too?
The two sites could then avoid duplication and the Wiki site would
become more economically viable.
Then this week comes http://www.footballbanningorders.net/ the
brainchild of CJH Solicitors of Derby and obviously there to take
advantage of the current world cup football mania and be a source
of publicity and possible work for the firm. But that material
could be in the Wiki too, without the firm losing out.
These three firms are all doing excellent work but all three are
re-inventing the wheel. All of us who contribute properly to the
legal information mine on the web need to be less parochial and
think "big picture open law source" whenever possible. Perhaps
firms could sponsor and be responsible for particular parts of the
Crime Wiki and get kudos as a result. There must be a way to make
all this material easier to find for everyone.
Hang on! How will all these fully-trained and experienced lawyers
ever get paid for all the work they put into making this open law
source and how will quality be maintained? I didn't say it had to
be free, only easily and cheaply available without having to pay
the same as the cost of the printed equivalent. Isn't the easy
answer that a standard small pay-per-view charge should be levied?
This is one way to see another useful criminal law resource, the
National Police Legal Database, which you can look at for £10 per
day. Public material (eg statutes) should always be free but
isn't there an argument for a central source of legal information
which is available to all at a very low price?
You can easily respond to these questions by looking at our new
Blog. Someone has already used the name "uklawyers" in a blog and
so ours is called "UKBlawgers." You can take a look and add
comments at http://ukblawgers.blogspot.com
Regards
Steve Butler
Solicitor
Newswire Editor
mailto:smb@e-solicitors.co.uk
Law Society Newsletter Feature 4
E-business Newsletter – Issue 6
19 May 2006
This edition contains:
What price privacy?
Release of LiST Data Exchange Protocol
Employment Tribunal Service forms online
DTI Information Security Breaches Survey 2006
Foundation Certificate in IT Law
Surveillance Society Report - Invitation to Tender
Security Corner - password policies
Criminal Sites Feature
Here are some free Criminal Law sites which are proliferating:
http://www.footballbanningorders.net/
http://www.criminalsolicitor.net/default.asp
http://www.crimeline.info/
which very cleverly now incorporates all the stuff into the Crime
Wiki
And here is one you have to pay for:
Police National Legal Database
Day tickets costs £10 per day, and payments can now be made by
credit card. But you can get longer subs if you want, although
you'll have to search hard on the site to find the details..
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qualified conveyancers or as a development from the Certificate.
http://www.college-of-law.co.uk/21895.html
Site of the Week - Richard Tomlinson's Blog against MI6
http://www.richardtomlinson.typepad.com/
Richard Tomlinson's Blog against MI6
"MI6 have only themselves to blame...
Due to this blog being picked up by the Observer newspaper, and
other prominent sites like www.rawstory.com and www.cryptome.org,
readership has gone ballistic to the extent that I may run out of
bandwidth this month. So suddenly, my long-standing dispute with
MI6 is back in the public domain."
Is this bloke a traitor or a hero of free speech?
More about him on Wikipedia:
http://en.wikipedia.org/wiki/Richard_Tomlinson
uklawyers legal newswires
From UKBlawgers:
"OK Steve, let's debate... One of the problems with wider use of
the law (ie why so many legal problems are simply ignored by those
they affect) is that it is SO expensive in the eyes of the
consumer to make use of 'professionals'."
Go on, follow the thread:
http://digbig.com/4hraa
Many thanks for all the kind and useful comments including:
"Hi Steve,
I always look forward to the weekly wire, but the one this week
was especially good. The reason was the editorial. As a local
government man through and through, it makes a change to see
someone stating what has been obvious for years to those in the
business. I know that the social sector at times needs a hefty
boot up the backside, but I do get rather choked with all the
knocking copy that some people tend to issue (often without
thought) as a matter of course. Keep up the good work (and I do
not just mean the pro social care stuff).
Regards,
Trevor Grundy
"I write to say how well you have put the arguments about the
90 day detention proposal. I agree with every word you say"
"It's one of the few things that arrives in the email each week
that I can honestly say I make time to study."
Don't forget to take advantage of your free trial credit search
with Creditsafe.Com
Contact CreditSafe and ask for:
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Tell him you got his name from Uklawyers.
Many thanks to those who have asked their colleagues to subscribe
to the wire. Why not join them? Please ask three friends to
subscribe to this today - just get them to send an e-mail with
their name to smb@e-solicitors.co.uk with 'subscribe' in
the subject line and we'll do the rest.
PRACTICAL CASES AND MATERIALS
Crime and Punishment
Turn in Your Knife Before It's Turned on You
Home Office Press Release
24 May 2006
Until 30 June people are being given the chance to bin their
knives and avoid prosecution. In a joint poster campaign, the Home
Office and the Association of Chief Police Officers (ACPO) will
warn people about the dangers of carrying knives and encourage
them to dispose of their knives in specially designed secure red
wheelie bins. Every police force in England and Wales will take
part in the National Knife Amnesty, with Scotland organising its
own amnesty at the same time. The campaign is designed to take
knives and offensive weapons out of circulation and make
communities safer.
Home Secretary Gives Annual Parole Board Lecture
Home Office Press Release
22 May 2006
"This rebalancing of the system back in favour of victims, builds
upon the recent announcement by the Lord Chancellor to allow
Victims, or their Advocates, the opportunity to sum up the
families' views during the sentencing of murderers. But I want to
go further in ensuring that victims or their representatives get a
greater say about the release of offenders back into the
community. Their voice must be heard more clearly.
"That is why:
1) We are already interviewing for members with experience of
either being a victim or victim support organisation, which I am
looking to appoint by June.
2) I want more of them.
3) We will be rebalancing the whole system in favour of victims.
It is nothing less than the public expects."
Evidence of Anonymous Witnesses is Always Acceptable?
R v Davis (Iain);
R v Ellis and others [2006] EWCA Crim 1155
CA
19 May 2006
Daily Law Notes Report Summary
A conviction was not to be regarded as unsafe simply because
the evidence of anonymous witnesses might have been decisive.
Employment and Discrimination
Weekly Law Reports Cases
Reported 23 May 2006
Minimum Wage
Revenue and Customs Comrs v Leisure Employment Services Ltd
EAT
28 March 2006
Reported 23 May 2006
Daily Law Notes Report Summary
Seasonal workers paid £6.00 per week for fuel at their "free"
accommodation thus reducing their hourly rate below the minimum.
The Inland Revenue complained but Employment Tribunal allowed
employers to continue. The Revenue won on appeal.
Procedural Unfairness
Mason v Governing Body of Ward End Primary School
EAT
12 April 2006
Reported 23 May 2006
Daily Law Notes Report Summary
Employee dismissed for redundancy but the Employment Tribunal,
applying s 98A(2) of the Employment Rights Act 1996
retrospectively (after 1 October 2004) said that she would have
been dismissed anyway and so could not be compensated. She
appealed about the retrospective application of the section with
some success.
Agency Worker
Muscat v Cable & Wireless plc: [2006] EWCA Civ 220
CA
9 March 2006
Reported 23 May 2006
Daily Law Notes Report Summary
Complicated employment arrangement involving employee's limited
company and an employment agency upheld as implied contract of
employment entitling the employee to employment rights.
Compensatory Award
Gover and others v Propertycare Ltd: [2006] EWCA Civ 286
CA
28 March 2006
Reported 23 May 2006
Daily Law Notes Report Summary
Employees resigned successfully pleading constructive dismissal.
Employment Tribunal decided that they would have been fairly
dismissed if the proper procedure had been followed and
compensated them meagrely accordingly. Their appeal was lost in
the EAT and the CA which decided they would not be allowed to
include a new ground of appeal from the EAT decision.
Medical Practitioner
Regina (Malik) v Waltham Forest Primary Care Trust
[2006] EWHC 487 (Admin)
QBD (Admin)
17 March 2006
Reported 17 May 2006
Daily Law Notes Report Summary
In breach of regulation 13(11), the claimant was neither told of
the allegations against him by the NHS trust which suspended him
nor given any opportunity to put his case. The trust later held a
meeting, which the claimant was unable to attend due to
ill-health, following which it notified the claimant that it had
decided to continue the suspension but, in breach of regulation
13(2), failed to specify the period for which the suspension was
to last. The trust conceded that there had been procedural
irregularities and, after annulling its decisions to suspend,
arranged a further meeting to decide whether suspension should
take place. At that meeting, on 16 March 2005, the claimant was
not allowed legal representation or to cross-examine witnesses,
reference was made to matters of which he had had no notice and
the presenting officer stated that the meeting was to review the
decision to suspend. The claimant successfully obtained judicial
review.
Take a look at the following items from Daniel Barnett, barrister
(http://www.danielbarnett.co.uk):
Law Society Handbook on Employment Law
by Daniel Barnett and Henry Scrope
Third edition just published
£49.95
Click here for more details
http://www.danielbarnett.co.uk/publications_lawsoc.htm
To subscribe to Daniel's Newswire, go to his smart new site:
http://www.danielbarnett.co.uk/bulletins.htm
Daniel Barnett Archive Now Available
By arrangement with emplaw, an archive for Daniel's bulletins is
now available: http://www.emplaw.co.uk
"Age Discrimination" - yet another useful publication from Daniel
Barnett.
Second Edition - Published 3 May 2006
* 170 pages of commentary and analysis on the Employment Equality
(Age) Regulations 2006
* highlighting practical difficulties for employers and legal
advisors
* sets out arguments on both sides when the Regulations are
unclear
Click here to see a sample and for more information:
http://www.danielbarnett.co.uk/age_analysis.htm
Hear audio testimonials or view some sample pages:
http://www.danielbarnett.co.uk/age_analysis_testimonials.htm
Family
Lords Support Wives in Ancillary Relief
Miller v. Miller
McFarlane v. McFarlane
24 May 2006
House of Lords Judgment
Short marriages still merit substantial share of assets in some
cases; behaviour is almost always irrelevant to money matters and
long marriages lead to long lived maintenance entitlement.
The Family Court System - Speech by Harriet Harman MP
DCA Speech
22 May 2006
Changes on the way including open court hearings and better
funding for family cases (believe that when you see it).
Children to Benefit From Streamlined Care Proceedings
DCA Press Release
18 May 2006
Recommendations on how to improve the way the system works are
outlined in the "Review of the Child Care Proceedings System in
England and Wales". The review proposes that:
* Local authorities should write in plain English to the family
and give the reasons for applying to court to take the children
into care and provide a copy of the interim care plan.
* Authorities should enable families to get independent legal
advice earlier by provision of contact details for local Children
Panel solicitors.
* All safe and appropriate alternatives should be explored before
court proceedings are started. In some cases this might include
placement with other family members, or providing support through
Family Group Conferences to discuss all aspects of the family
situation
* Guidance and best practice on case preparation should be written
up in one document and used by all local authorities
* Local authorities should ensure that they follow statutory
guidance and ensure cases are ready for proceedings before
applications are made.
* Case management in the courts should be improved
* Work be carried out on whether joint targets and funds could
encourage closer working relationships, joint planning and shared
priorities between the various agencies involved.
The review is available here
General
Official Solicitor to Farm Out Trust Work
DCA Written Ministerial Statement
23 May 2006
Where cases cannot otherwise be closed during that period, the
OSPT proposes to invite expressions of interest from a private
sector corporate trustee to take over and administer his cases in
accordance with best market regulated practice. The OSPT will work
to ensure that the interests of beneficiaries will be secured
through this process.
Government
Freedom of Information Act Leading to Better Understanding
of Government Decision-making
DCA Press Release
22 May 2006
"FOI in the UK means the public are finding out more about the
decisions that affect their lives - and are using this information
to ensure public authorities do more to account for and explain
their actions." In the United Kingdom nearly 40,000 FOI requests
were received by central government in 2005
Immigration and Nationality
Removals of Failed Asylum Seekers Reach Record High
Home Office Press Release
23 May 2006
More failed asylum seekers were removed in the first three months
of this year than ever before, according to statistics published
by the Home Office today. Quarterly asylum figures show that
while asylum applications in the first quarter of 2006 are up five
per cent on the previous quarter, they are still lower than in the
same period the year before. Meanwhile, removals have increased
dramatically - up 19 per cent on the previous quarter and 43 per
cent when compared to the previous year.
Intellectual Property and Computers
Freedom of Information Act Leading to Better Understanding
of Government Decision-making
DCA Press Release
22 May 2006
"FOI in the UK means the public are finding out more about the
decisions that affect their lives - and are using this information
to ensure public authorities do more to account for and explain
their actions." In the United Kingdom nearly 40,000 FOI requests
were received by central government in 2005.
Land and Environment
Changes to the Online SDLT6 Guidance Notes
HMRC Guidance
23 May 2006
The SDLT6 electronic version (PDF 470K) will be reviewed monthly.
The Internet site will be updated to reflect changes as and when
they occur. Full details of changes when they are made will be
catalogued and included on this page. We will still issue a paper
version of the SDLT6. The next paper version is due to be issued
in the week commencing 28th August 2006. Please note that the
paper version will only contain amendments to that date. From the
date of issue customers should check the electronic version of the
SDLT6 and associated updates on this site.
Gas Board Liable For Defaults of Predecessors
R(National Grid Gas plc) v Environment Agency
QBD
17 May 2006
Daily Law Notes Report Summary
Where contamination of land had been caused or knowingly permitted
by a body, the statutory liability for that pollution should pass
to and be borne by that body’s statutory successor in title.
Legal Practice and Lawyers
Consumers: 21st Century Legal Services
DCA Press Release
24 May 2006
Radical changes to the £19 billion provision of legal services
- including one-stop shops for house buying and dealing with
bereavement - will flow from new legislation published today which
puts consumers first. The draft Legal Services Bill published
today by the Department for Constitutional Affairs paves the way
for improved choice, quality and availability in the legal
services market. The Bill:
- puts the interests of consumers first
- encourages more competition, innovation and transparency in the
provision of legal services
- safeguards the independence and reputation of the legal
professions
The shake-up of the legal profession provided for in the Bill will
include enabling lawyers and non-lawyers to work together in new
structures which will be able to provide legal services in new
ways. Examples include:
* House purchase: when buying a house, consumers would be able to
buy all their professional services - conveyancing, surveys, and a
mortgage - from a single provider.
* Bereavement: people will be able to ease the stressful process
of resolving issues following the death of a loved one by getting
professional advice on wills, investment and tax advice and the
impact of any outstanding debts in one place.
Draft Legal Services Bill Published
DCA Ministerial Statement
24 May 2006
The draft Bill sets out our detailed plans for the creation of a
strong independent oversight regulator the Legal Services Board
which will ensure that front line regulators discharge their
duties effectively. In addition, legislation will provide the LSB
with a wide range of powers including those to authorise and
de-authorise front line regulators and to quickly bring
unregulated legal services under its remit through secondary
legislation to best protect consumers interests. Our proposals
also provide for the creation of an independent Office for Legal
Complaints, which for the first time will remove the handling of
legal complaints from the legal professions. The OLC will help to
foster greater consumer confidence and result in quick and fair
redress. The draft Legal Services Bill also sets out arrangements
to facilitate alternative business structures, which would enable
different kinds of lawyers, and lawyers and non-lawyers, to work
together on an equal footing. These structures will allow legal
services to be delivered in new ways, promoting greater
competition and innovation and enabling providers to better
respond to the demands of consumers. A range of safeguards will be
put in place to protect consumers and demand high standards.
Legal Services Ombudsman Welcomes Consumer Focussed Reforms
DCA Press Release
24 May 2006
Zahida Manzoor, welcoming the draft Legal Services Bill, said:
"Throughout the development of the draft Bill, from the changes I
advocated as Ombudsman to today's launch, the word 'consumer' is
used everywhere by everyone. This is important - it is not just a
throwaway term. This draft Bill really does have the potential to
make a difference to anyone who uses legal services in England and
Wales, all those who provide legal services, and anyone who has a
complaint about legal services, if implemented appropriately."
For more information including soon the draft bill go to:
http://www.dca.gov.uk/legalsys/lsreform.htm
Quarter of A Million Pound Penalty for the Law Society
Legal Services Complaints Commissioner's Press Release
18 May 2006
The Legal Services Complaints Commissioner, Zahida Manzoor CBE,
announced today that she would be levying a penalty on the Law
Society. The penalty, a quarter of a million pounds, is because
of the inadequacy of the Law Society’s Plan for securing
improvements to its complaints handling services for 1 April 2006
to 31 March 2007.
Complaints-handling fine 'unreasonable', 'disproportionate'
Law Society Press Release
17 May 2006
Commenting on the Legal Services Complaints Commissioner's
decision to fine the Law Society £250,000 for submitting a plan
for 2006-07 that she regards as inadequate, Professor Shamit
Saggar, chair of the Consumer Complaints Board, said:
"This fine is wholly unreasonable. It is outrageously
disproportionate to the modest degree of difference between us and
Ms Manzoor. The Lord Chancellor himself has noted our continually
improving performance. Our proposals for the coming year are
ambitious and would significantly benefit consumers. But we cannot
commit to unrealistic targets."
Paul Marsh is Law Society Deputy Vice President Elect
Law Society Press Release
18 May 2006
Paul Marsh, a high street solicitor with an impressive track
record of representing the interests of solicitors on major
issues, has been chosen Deputy Vice President elect by members of
the Law Society Council. He is now instrumental in ensuring that
the packs deliver benefits to consumers and that solicitors remain
at the centre of the conveyancing process.
Equality & Diversity
Bar Council Chairman's Column in "Counsel"
May 2006
This month I am devoting my column to the issue of equality and
diversity. It is now widely recognised that an important issue
for any profession is the extent to which its composition, in
terms of ethnicity and gender, reflects that of the community it
seeks to serve. However, there are wider and more fundamental
reasons why the Bar must be a strong proponent of equality and
diversity.
Computation of Profits for Income Tax Purposes:
Application of UITF 40 to Barristers’ Earnings
Bar Council Fee Guidance
15 May 2006
The Bar Council has been asked to provide guidance on the
application of Urgent Issues Task Force Abstract 40 ('UITF 40') to
the computation of barristers' earnings. This Note updates the
guidance given in the Guidance Note of 10 March 1999 ("the 1999
Guidance")
Bar Council's Quality Control Presentation to
Lord Carter's Review Team
Bar Council Press Release
24 April 2006
"This presentation has been requested by Lord Carter’s review
team. It is intended to explain the quality control mechanisms
affecting barristers undertaking publicly funded work. But those
mechanisms are, in fact, much the same for all barristers,
whatever kind of work they do. There is no distinction here
between juniors and QCs, but what I say will obviously concentrate
on the junior end of the profession."
Litigation, Courts and Human Rights
Dispensing With Service - International Elements
Phillips and another v Symes and others [2006] EWCA Civ 654
CA
19 May 2006
Daily Law Notes Report Summary
Service of a document could not or should not be dispensed with
under CPR r 6.9 in order to enable proceedings issued in England
to enjoy priority over proceedings of which a Lugano Convention
state court was already seised.
Money, Property and Tax
Excise shopping / Smuggling
HMRC Guidance
19 May 2006
There have been a number of reports in the press in recent days
regarding a change in our policy. Unfortunately, some of them may
have given a misleading impression of the effect of the changes we
have made. There have been no changes to our policies relating to
what excise goods (ie, alcohol and tobacco) individuals can or
cannot bring back with them from other countries. The only changes
have been to the sanctions we apply in certain circumstances when
people have broken the rules.
OFT Statement on Bank Credit Card Default Fees
OFT Press Release
18 May 2006
'The OFT now expects all credit card issuers to recalculate their
default charges in line with the principles set out in the
statement, and to confirm by 31 May their response and willingness
to make any necessary adjustments to their fees. Credit card
issuers should treat fee adjustments as a matter or exceptional
priority. The OFT also calls on banks and other financial
businesses to apply the same principles when calculating default
charges in other consumer contracts such as bank overdrafts, store
card contracts and mortgages where and as appropriate.'
Entertainer Loses Tax Case
Agassi v Robinson (Inspector of Taxes) [2006] UKHL 23
HL
17 May 2006
Daily Law Notes Report Summary
House of Lords Judgment
A foreign entertainer or sportsman [you mean "tennis god"! Ed.]
who would otherwise be liable to tax on his commercial activities
within the UK, pursuant to ss 555 and 556 of the Income and
Corporation Taxes Act 1988, did not escape that liability because
the payments concerned were made to his foreign based company by
another foreign based company which had no UK tax presence and
which could not, therefore, be expected to deduct UK tax at source
as required by s 555(2).
Cases Generally
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Here is probably more than you really want to know about the
statistics on the site:
http://www.lawindexpro.co.uk/istats.shtml
No other research site is so powerful for such a low price. David
is happy to provide subscribers to UKlawyers with a brief guest
account to test the service.
Ring 01484 717380 or 0773 187 4426 to subscribe or enquire.
"More Cases, More Courts, More Years, More Use"
Go to:
David Swarbrick's lawindexpro - http://www.lawindexpro.co.uk/.
Globe Theatre Section
Globe Theatre
The current production of "Coriolanus" reminds me of the time I
studied this play at A level, over 30 years ago. Of course, like
all school children, we acted the play out scene by scene - I was
a very enthusiastic soldier, often single-handedly defeating the
side which should have won the battle! Much as I enjoyed studying
Shakespeare, I have come to the conclusion that it is not possible
to understand many of his plays properly before you are old enough
to have loved, born children, and mourned.
The Globe Theatre had better be more entertaining than its
website:
http://www.shakespeares-globe.org/
OH! What Lovely Law!
Netflix Customers Get Free Month While Lawyers Get Millions
A California judge has approved a class action settlement against
Netflix for failing to live up to its promise to send another DVD
to its customers every time one is returned. The settlement
requires Netflix to offer a free month of service to its 5.5
million current and former subscribers. Under the final order,
Netflix will pay $1.3 million to two San Francisco-based
plaintiffs' lawyers and another $60,000 to a handful of other
plaintiffs' lawyers.
The original settlement offer called for plaintiff's lawyers to
receive $2.5 million and subscribers to receive a free one-month
service upgrade. Judge Mellon rejected that settlement, with the
Federal Trade Commission labeling the offer "dangerously close to
a promotional gimmick." Nearly 420,000 people accepted the
original settlement. Under Judge Mellon's current order,
plaintiffs' attorneys can apply for an additional $1.1 million in
fees if the revised settlement entices substantially more people
to sign up for the free DVDs.
The lawsuit began several years ago when Netflix subscriber Frank
Chevez alleged that the company was not living up to its promise
to provide unlimited DVDs through the mail for a flat monthly fee.
The company admitted to "throttling" its customers – delaying
shipments to its most frequent users who were its less-profitable
customers.
Reports indicate that some Netflix subscribers have opted out of
the settlement for fear that they will foot the big legal bills
via higher fees.
—Source: The Kansas City Star and Associated Press Financial Wire
Center for Individual Freedom, Jester's Court:
I'm a subscriber to Lovefilm.com which annoyingly but within its
terms and conditions similarly sometimes fails to allow frequent
users to have three DVD's at a time. The moral for Netflix - get
your terms and conditions right.
Legal Practitioner
More good stuff from LEGAL PRACTITIONER Consilio Magazine,
edited by Norman Baird and Mike Semple Piggot
Litigation Review
House of Lords :Law Society v Sephton & Co. (a firm) & Ors [2006] UKHL 22
"The date of damage in economic fraud." by Dr John Birchall
http://www.spr-consilio.com/art125.html
"To cut to the chase, the question, and the Lords' answer were as
follows, in over-simplified terms. Q. In an action for negligence,
an ingredient of that action is actual damage. Where negligence
has caused a contingent loss – i.e. the possibility of damage –
does the cause of action accrue when the contingent loss is
incurred, or only when the contingency, the possibility, becomes a
reality? A. The cause of action accrues when the contingent loss
becomes a real loss, and not before."
Plagiarism in Law Schools
An interesting analysis:
http://www.spr-consilio.com/plagiarismtable2005.htm
When you've read this, let us know what you think:
smb@e-solicitors.co.uk
Any feedback is welcome, positive or not - we do listen and learn.
Regards
Steve
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