Newswire 102
By Steve Butler and Joe Reevy
Number 102
8th June 2006
Keep your eye on the site for constant updates. This version of
the newswire 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 22 or 29 June because I will be on
holiday from 23 to 30 June.
The next newswire should be on 15th June 2006 but will be slightly
late, probably on 16th, because of court commitments next week.
.
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PART ONE
(This will be easier to operate when we eventually get the HTML
version issued in due course.)
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UKLawyers E X P R E S S . . . . .>>>>
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Legal Newswires on the Run
By Steve Butler and Joe Reevy
Number 9
8 June 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 8 June 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 - HIPs Keep Hopping Along?
"Inside Track" Newsletter Feature
National Pro Bono Week 2006 Feature
Site Of The Week - Magic
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Football Mania Section
Oh! What Lovely Law!
Legal Practitioner
The Leading Question
HIPs Keep Hopping Along?
========================
The Home Information Pack debate is heating up. There was an
Adjournment Debate in the House of Commons on 24 May when some
MP's very succinctly put the arguments against HIPs. It is well
worth a read because it is not very long and covers all the main
points.
The Minister for Housing and Planning (Yvette Cooper) responded
for the government making it clear that the government is still
relying on a very narrow level of alleged consumer support.
Additionally they still use the Danish example in support without
at all mentioning the major difference in their housing marker -
the seller gives the buyer a 20 year guarantee about the structure
of the house and so it is in the interests of the seller to have a
report at the point of sale.
Unfortunately, the debate which only lasted for less than 30
minutes, makes it clear that the Treasury has an immense vested
interest in pushing the HIP scheme - there is going to be a £175
million annual bonus to the VAT man as a result. Additionally
the database created will enable governments to plan tax more
efficiently. With that sort of temptation, it is unlikely that
the government will allow the scheme to fail despite all its
problems and failings.
There are three groups which are an interesting sources of
information about HIPs. SPLINTA is against the pack in its
present form but in favour of a different more flexible system.
Michael Garson, who was so effective as a Law Society Council
Member has started a website about HIPs called PerPro the
Independent Property Professionals Forum. Hipsco is unique among
the HIP providers in sending out news items which criticise HIPs
as well as news in favour of them.
SPLINTA:
http://www.splintacampaign.co.uk/
PerPro:
http://www.perpro.org/
Hipsco:
http://www.hipsco.co.uk/
The Law Society has a continuing presence in this debate but I
feel it is not as independent as it should be because it is
tainted by the financial commitment it has made to becoming the
major supplier of the reports.
SPLINTA has published research, based on a survey of over 1800
transactions which commenced in February 2006, which shows that
the HIP would have a beneficial effect in only 1.4% of cases:
http://www.uklawyers.co.uk/cms/catsection/splintapressjun05.html
The argument put forward by the minister amounted to this, and I
quote:
"With such a huge asset and when so much information is required
before the deal can be completed, why should we use a system that
causes inefficiency and protracted delays and that has such huge
costs?"
My reply is that with such a huge asset, isn't it better to use a
system which encourages caution, rather than providing the poor
quality information in the HIPs which will cause people to reach
hasty and ill advised decisions?
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 5
"Inside Track" – Issue 23
"Inside Track" is produced by the Civil Litigation Committee and
contains information and guidance on the latest developments in
Civil Litigation. View the most recent Inside Track newsletter
below. Follow the links for details. You can ask for e-mail alerts
to the latest newsletter. To see back copies follow this link
"Inside Track" - Issue 23
Thursday 11 May 2006
Click on the link above to download issue 23 of "Inside Track"
newsletter from May 2006.
Downloadable document(s): Inside Track - Issue 23, May 2006 394K:
National Pro Bono Week 2006 Feature
"The fifth National Pro Bono Week runs from 5-9 June 2006. It will
promote the voluntary contributions made by lawyers who provide
free help and advice to those who need it. The focus for 2006 is
on innovative ways of delivering help, the role of young lawyers
and the increasing number of projects designed to improve public
knowledge and understanding of the law and the legal system.
Find out more at http://www.probonouk.net
Remember, pro bono work is not a replacement for a proper publicly
funded system of legal services."
National Pro Bono Week, 5-9 June 2006
Law Society Press Release
1 June 2006
The London bombing victims, a community dispute over a land fill
site in Nottingham and shaping the legal future of Kosovo – all
examples of how pro bono (free) legal work has helped change
people's lives. National Pro Bono Week, now in its fifth year, is
a unique collaboration between solicitors, barristers and legal
executives to offer free help where legal aid isn't available.
Pro Bono: Do Lawyers Now Have Compassion Fatigue?
Time Law Supplement Article
6 June 2006
"Three years ago pro bono was "riding high", says Christopher
Digby-Bell, Law Society council member. "But recently pro bono has
lost some of its glitter particularly outside the big City and
regional firms." Digby-Bell is critical of the "politicisation"
of pro bono and believes that Napier's appointment as envoy is an
example of allowing government "a foothold". "Instead of attacking
the Government over legal aid cuts and its failure to improve
access to justice, some lawyers appeared to be compromising pro
bono by offering to share it with the very people who were curbing
free legal services," he argues."
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Courses - Probate Section Annual Conference 2006
http://www.probatesection.org.uk/pages/events/list/#Event75
Tuesday, 4 July
Victoria Park Plaza, London
CPD hours: 5.5
The Section's flagship event is bound to be of benefit to you and
your colleagues, particularly given the changes announced in the
Government's 2006 Budget.
The conference will feature two plenary sessions, six workshops
and a panel discussion, co-ordinated by nine experienced,
high-profile speakers.
Key topics to be examined include:
* a capital tax planning update;
* recent developments in wills and probate;
* gifts to lifetime trusts and their tax effects following Budget
2006;
* the Civil Partnership Act;
* pensions changes and elderly issues;
* litigation in the Court of Protection; and
* EU cross-border succession issues.
Click here to download the full programme, registration form and
any other associated documents:
http://www.probatesection.org.uk/pages/files/fileList/80
Click here to book online (AMEX not accepted):
Site of the Week - Magic Environmental Mapping System
Magic
http://www.magic.gov.uk/default.htm
The first web-based interactive map to bring together geographic
information on key environmental schemes and designations in one
place. An amazing array of information in static or interactive
maps. Design your own map. An astonishing resource. OK - where
is the nearest ancient woodland to your house? - Mine is less than
a mile away, and I didn't know!
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:
Gavin Tierney, Account Consultant
Gavin.tierney@creditsafe.com
2920 886500 ext: 2011
http://www.creditsafe.com
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
Commercial and Contract
Darling Says Company Law Reform Puts Small Businesses First
DTI Press Release
5 June 2006
The Company Law Reform Bill will make sweeping changes,
simplifying company law and making it easier to understand. The
wide-ranging changes will bring an estimated 250m GBP of savings
for business including an annual benefit of £100m benefits for
small companies. The proposals are designed to make sure that
Britain remains one of the best places in the world to set up and
run a business.
Takeover Code Amendments Come Into Force
Berwin Leighton Paisner Article by Alisa Buchan
Amendments to the Takeover Code came into effect on 20 May 2006.
The amendments arise from four different consultations and relate
to:
• dealings in derivatives and options (control issues);
• the proposed abolition of the SARs;
• miscellaneous amendments to the Code; and
• the implementation of the Takeover Directive.
Crime and Punishment
The Criminal Defence Service Act - Partial Regulatory
Impact Assessment
DCA Information
26 May 2006
New legal aid rules from 2 October 2006 with all defendants requiring means test:
"It is difficult to identify whether some firms will be more
affected than others, as this will be dependent on the type of
work undertaken, or the type of customer that it attracts. For
example, firms that represent a greater proportion of their
clients in straightforward matters at the magistrates' court may
be more affected than firms representing clients in serious cases
in the Crown Court, as there may be a greater number of defendants
who are ineligible for public funding for the less serious cases.
The Department accepts that there may also be a risk that those
defendants who are refused public funding due to their means, are
unable or unwilling to pay for the help they receive at private
rates.".
Effect of Court Mistake on Legality of Early Release on Parole
R (Lunn) v Governor of Moorland Prison [2006] EWCA (Civ) 700
CA
25 May 2006
Daily Law Notes Report Summary
A prisoner, who was released on licence in accordance with a
warrant which wrongly stated that consecutive sentences imposed on
him were concurrent, was not unlawfully at large until the
drafting error was corrected by the sentencing judge. The period
he had spent out of prison on licence should be counted as part of
his prison term.
Improving the Investigation and Prosecution of Serious Fraud
Fraud Advisory Panel Report
May 2006
The SPG believes that neither the new measures announced by the
Government and the courts in 2005, nor the proposals contained in
the interim report produced by the Government’s Fraud Review, nor
the White Paper A Fairer Deal for Legal Aid will deliver an
effective regime for the investigation and prosecution of serious
fraud. The SPG considers that more imaginative and radical
solutions are required, and it hopes that the recommendations set
out in this report will assist the Government in its
deliberations. However, whether or not the standards of fairness
are assessed by reference to Article 6 of the European Convention
of Human Rights or the more ancient formulation in Chapter 40 of
Magna Carta , it is trite to observe that every miscarriage of
justice, whether it involves the acquittal of the guilty or the
conviction of the innocent, grotesquely undermines the rule of
law. In putting forward imaginative and radical proposals to solve
the problems engendered by the investigation and prosecution of
serious fraud, this overriding principle must always remain the
paramount concern.
Employment and Discrimination
Weekly Law Reports Case Summaries
Dismissal for Disability / Rights of Appeal
Taylor v OCS Group Ltd [2006] EWCA Civ 1289
CA
31 May 2006
Daily Law Notes Report Summary
Where an employment tribunal considering an unfair dismissal claim
looked to the fairness of a dismissal for misconduct, and the
employee had a contractual right of appeal against a decision to
dismiss, care must be taken to avoid the wrong approach to the
terms “rehearing” and “review” in the case law. In considering a
disabled person’s claim that he was dismissed, contrary to ss 4(2)
and 5(1) of the Disability Discrimination Act 1995, for a reason
which related to his disability, it was an error to contend that
it was not necessary to show that the disability-related reason
was present in the employer’s mind.
The following items are reproduced with the kind permission
of Daniel Barnett, barrister (http://www.danielbarnett.co.uk):
Daniel's Commentary
Reviews, Rehearings and DDA
31 May 2006
The Court of Appeal has handed down its judgment in Taylor v OCS
Group Ltd., dealing with issues relating to unfair dismissal and
disability discrimination.
Unfair Dismissal
The Court of Appeal stated that the distinction between reviews
and rehearings (in connection with appeals against dismissal) is
unhelpful. The essential question when deciding whether a
dismissal is fair under ERA 1996, s98(4) is whether the employer
acted reasonably. There is no rule of law providing that a
'rehearing' can cure earlier procedural defects, whereas a
'review' cannot.
In particular, the Court held:
* if a first hearing is defective, the appeal can cure the defect
if the appeal is comprehensive (para. 37)
* to the extent that the well-known case of Whitbread v Mills
suggests that a rehearing can cure defects, whereas a review
cannot, Whitbread should no longer be cited to tribunals (para.
47)
Disability Discrimination
This part of the judgment is not quite as easy to understand. The
Court appears to be stating that, in order to establish a claim of
disability-related discrimination under the DDA 1995:
* an employer must have in mind the disability-related reason
(para. 70). Unless that reason affects the employer's mind, he
cannot discriminate (para. 72)
* but the employer does not necessarily have to intend to
discriminate on disability-related grounds. Discrimination can be
unconscious as well as intentional (paras. 72-73)
On the facts, an employer who had dismissed a profoundly deaf
employee for misconduct, in circumstances where the employee had
not had a fair disciplinary hearing because of his inability to
understand what was going on, was found by the Court of Appeal not
to have been discriminated against disability-related grounds.
Taylor v OCS Group Ltd
BAILII Judgment
Age Discrimination - New DTI Factsheets
30 May 2006
The DTI has just published eight 'age legislation factsheets'.
They provide concise advice on topics such as 'objective
justification', 'service related benefits', 'occupational pension
rights' and 'redundancy'.
To view, click the link below and then follow the links on the
right-hand side of the page.
View DTI Age Legislation Factsheets
Acas World Cup Guide
30 May 2006
Acas has, this morning, published a really useful set of FAQs,
dealing with both employers' and employees' questions about
'sickies', pub lunches and similar issues for World Cup devotees.
View Acas World Cup Guide FAQs
No Response Form - No Costs
30 May 2006
The EAT has handed down a decision considering whether it is
possible to award costs against a Respondent who fails to submit a
Response Form.
It held that a tribunal's jurisdiction to award costs under the
rules, when an employer fails to enter a Response, is limited to
costs caused or incurred in dealing with one of the express
matters set out in rule 9 (essentially making an application for
review of a default judgment). The EAT's reasoning was heavily
based on the fact that there is no obligation on an employer to
enter a Response, thus an employer is not technically in breach of
any rule if it fails to do so.
Accordingly, the EAT upheld the tribunal's decision on review to
overturn the making of a £5,500 costs order in favour of a
Claimant where the Respondent had not entered a Response.
Sutton v The Ranch Ltd
BAILII Judgment
BNP / Racial Discrimination
25 May 2006
The Court of Appeal has, this morning, overturned the EAT's
controversial decision in Redfearn v Serco.
Serco dismissed Mr Redfearn, a BNP local councillor, following
complains by the union that its (predominantly Asian) members
objected to working with him. It was common ground that, whilst he
was an active member of a political party with unpleasant racial
views, those views had not affected the way he conducted himself
at work. However, Serco was concerned (following some bad
publicity) that employees and clients would be worried about them
employing an active BNP local councillor.
Mr Redfearn, who lacked the qualifying period to claim unfair
dismissal, brought a claim of race discrimination.
Overturning the EAT, the Court of Appeal held that his complaint
did not fall within the Race Relations Act 1976. It was wrong to
say that he had been dismissed 'on racial grounds', simply because
race issues had been in the employer's mind when deciding to
dismiss, and that the decision could be said to be referable to
race.
To the contrary, Mummery LJ held that to allow Mr Redfearn's claim
of direct discrimination to succeed would "cover cases that would
produce consequences at odds with the legislative aim" and
"turn...the policy of race relations legislation upside down... Mr
Redfearn was no more dismissed 'on racial grounds' than an
employee who is dismissed for racially abusing his employer, a
fellow employee or a valued customer."
Mr Redfearn's case of race discrimination accordingly fails.
Serco Ltd v Redfearn
BAILII Judgment
Strike Outs
25 May 2006
The Court of Appeal has, this morning, handed down a decision
reinforcing the extreme nature of a strike-out order and
emphasising how infrequently they should be made.
In Blockbuster Entertainmen v James, the Claimant:
* in breach of a tribunal order, failed to provide adequate
further particulars of his claims
* in breach of another tribunal order, refused to allow the
Respondent to photocopy his disclosure documents, and attended the
tribunal on day one of a six day hearing with previously unseen
documents (including an undisclosed tape recording of an important
conversation)
* in breach of yet another tribunal order, refused to sign his
witness statement, and attended on the morning of the hearing
having made changes without notice to the employer (albeit the
changes seem to have been minor).
The Court of Appeal upheld the EAT's decision, overturning the
employment tribunal's decision to strike out the Claimant's case.
Whilst the reasons are largely fact-specific, Sedley LJ gave the
following guidance:
* the first object of any system of justice is to get triable
cases tried. The courts are open to the difficult, as well as to
the compliant. It does not necessarily matter if the litigant is
difficult, querulous and uncooperative (para. 18)
* it is undesirable for a strike-out application to be made (or
granted) on the first day of a six day hearing. If non-compliance
is serious enough to warrant a strike-out application, this ought
to be clear before the trial begins (paras. 19 and 21)
* it is not satisfactory for a tribunal to simply record that a
strike out is "the only proportionate and fair course to take".
The tribunal's reasons should spell out why a strike-out is the
only proportionate and fair course to take (para 20). Although
Sedley LJ dos not expessly say this, it would seem desirable for a
tribunal to expressly consider other sanctions (such as refusing
to admit evidence) and explain why they are insufficient.
Blockbuster Entertainmen v James
BAILII Judgment
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
Child Care Proceedings Review
Law Society Hot Topic
5 June 2006
The government has published a review recently
(see http://www.uklawyers.co.uk/cms/catsection/carecasereview.html)
The Law Society will continue to make representations to
Government, the Legal Services Commission, the judiciary and
others as the recommendations are developed. We seek to ensure:
* the detailed proposals are workable for all, including for local
authority solicitors.
* parties are identified, and both families and children properly
represented from the earliest stage.
* it is financially viable for solicitors to undertake the work
before and during proceedings. This must be recognised by Lord
Carter's forthcoming review of the procurement of family legal aid
services.
Ancillary Relief - When Pension Sharing Order Fairer
Martin-Dye v Martin-Dye [2006] EWCA Civ 681
CA
25 May 2006
Daily Law Notes Report Summary
Pensions in payment differed significantly from other assets and,
on divorce, a division of property which left the husband with his
pension in payment as a major part of his share of the property
was unfair and a pension sharing order should have been made.
Per Thorpe, LJ : "A pension in payment was no more than a whole
life income stream akin to an annuity. It could not be sold,
commuted for cash or offered as security for borrowings. It had no
capacity for capital appreciation. The benefit did not survive the
death of the scheme member and thus could not form part of his
estate. Thus there were obvious distinctions between a technical
value ascribed to a pension in payment and a market value ascribed
to a realisable asset such as a freehold, a portfolio of shares or
a work of art. His Lordship had concluded that the district
judge’s order was flawed. In dividing the available assets between
the parties she ignored the essential differences between saleable
property and an income stream derived from an inalienable pension
in payment."
Ancillary Relief in Divorce - Short and Long Marriages
Miller v Miller
McFarlane v McFarlane [2006] UKHL 24
HL
24 May 2006
Daily Law Notes Report Summary
House of Lords Judgment
In the case of a short marriage fairness might well require that
the claimant spouse should not be entitled on divorce to a share
of the “non-matrimonial property” which the other spouse had
brought into the marriage or subsequently acquired.
General
Action to Tackle Nuisance Neighbours
DWP Press Release
5 June 2006
The new measure will sanction housing benefit where a person has
been evicted for anti-social behaviour and refuses to address
their behaviour using the support and help offered to them. This
measure is not about changing the eviction process but about
getting people to change their behaviour and will only operate
where the household has chosen not to co-operate.
Immigration and Nationality
Passport Office Interview Office Sites
Identity and Passport Office Information
May 2006
Proposed sites for the 69 offices nationwide. Be prepared to
travel - to get your passport.
International/Europe
Small Claims Process to Cross Euro Borders
DCA Press Release
2 June 2006
British tourists who purchase faulty goods whilst on holiday in
other European Union countries will be able to get quicker,
simpler solutions under a procedure agreed by Ministers meeting in
Luxembourg.
EU Ministers Reach Long-awaited Agreement
on Services Directive
DTI Press Release
29 May 2006
The UK will be one of the main beneficiaries of the Services
Directive. Based on a study by Copenhagen Economics, the revised
directive is estimated to be worth approximately £5 billion a year
to the UK economy - boosting services such as construction
companies, retailing, management consultancies, advertising
companies, estate agents, architects, plumbers, bakers, electricians
and leisure services.
Land and Environment
Forfeiture of Part Residential Lease
Pirabakaran v Patel and Another [2006] EWCA Civ 685
CA
26 May 2006
Daily Law Notes Report Summary
The phrase “let as a dwelling” in s 2 of the Protection from
Eviction Act 1977 meant “let wholly or partly as a dwelling” and
so applied to premises which were let for mixed residential and
business purposes.
Six in Ten Blissfully Ignorant of Drastic Changes
to Housing Market
Law Society Press Release
30 May 2006
New research published today shows most people are totally
ignorant of the biggest ever shake-up of the property market,
which is only one year away. Sixty-four per cent of people
questioned by ICM have never heard of the term ’home information
pack’ (HIP). Only one in three people who are aware of HIPs
realises that the packs will contain important legal documents –
including title documents and local searches.
Land Registry Fees to Increase in August
Land Registry Fees Order
May 2006
Effective 7 August 2006
In summary:
* there will be increases to most fees for Information Services
(requests for official copies, inspections and searches);
* there will now be a separate, higher, fee for inspections of
leases and official copies of leases;
* the increases will be lower for electronic requests for
Information Services;
* there will no longer be a separate fee for an official copy of
an exempt information document - these will be treated as "normal"
official copy requests.
* scale fees and fixed fees will remain unchanged;
* the fee for applications for determination of a boundary will be
payable for each application rather than for each registered title
affected.
Housing - Duty to Provide to Sick Asylum Seeker
at Risk of Destitution
R (M) v Slough Borough Council [2006] EWCA Civ 655
CA
25 May 2006
Daily Law Notes Report Summary
The effect of s 21 of the National Assistance Act 1948 was to
make a local authority responsible for providing accommodation to
an asylum-seeker who was in ill health and at risk of becoming
destitute. S 95 of the Immigration and Asylum Act 1999 did not
operate to impose the responsibility on the Home Office.
Land Registry to Merge and Close Offices
Land Registry Press Releases
24 May 2006
Several releases about Lancaster, Lytham, Durham, Nottingham,
Swansea and Birkenhead mergers and closures in Harrow and York.
Commons - Effect of Registration - Village Green
Oxfordshire County Council v Oxford City Council and another
[2006] UKHL 25
HL
24 May 2006
Daily Law Notes Report Summary
House of Lords Judgment
Registration of land as a town or village green gave the
inhabitants the right to indulge in lawful sports and pastimes
generally, not merely the use which had been the basis for
registration.
Possession Order - Which Form to Use, If Any
Bristol City Council v Hassan and another;
Same v Glastonbury [2006] EWCA Civ 656
CA
23 May 2006
Daily Law Notes Report Summary
A county court making a possession order was not obliged to use
the standard form N28; nor need the court place a fixed date for
possession on the face of the order. Moreover, guidance was
appropriate as to use of a redrafted form of order which it would
be lawful and appropriate to use.
Legal Practice and Lawyers
Important Reforms Must Not Increase Cost,
Complexity of Legal Services
Law Society Press Release
24 May 2006
Commenting on the Legal Services Bill,
"However, the Society is warning that the independence of the
legal profession must be protected and that the legislation must
not create a regulatory quicksand riddled with duplication, delay
and unnecessary burdens which could harm the competitiveness of
our legal services market and add to costs for consumers."
Read full comments from the President and the Chief Executive.
General Law Society site about Legal Services Reform
Litigation, Courts and Human Rights
Self Incrimination Privilege and Search Orders
C plc and another v P (Secretary of State for the Home
Office and another intervening)
Ch.D.
26 May 2006
Daily Law Notes Report Summary
Where a search order obtained in an action for breach of
confidence and copyright infringement led to the discovery of
obscene images of children, the common law privilege against
self-incrimination did not prevent the court from directing that
the material be passed to the police.
Injunction Damages Due to Third Parties
SmithKline Beecham plc and others v Apotex Europe Ltd and others
[2006] EWCA Civ 658
CA
23 May 2006
Daily Law Notes Report Summary
Cross-undertakings as to damages given to the court by a claimant
on the grant of an interim injunction provided no basis for a
non-party who subsequently applied to be joined as a defendant,
but was not a defendant when the injunction was granted, to have a
claim in restitution in respect of benefits which had accrued to
the claimant. The undertakings had been given to the court, not as
between the parties. It followed that any claim for third party
losses failed and also that inter-partes estoppel could not affect
the scope of the order.
Money, Property and Tax
OFT Consults on Guidance to Prevent Misleading Ads
OFT Press Release
1 June 2006
The OFT has today published draft guidance on advertising own
price discounts for consultation. This explains the legal
obligations of retailers using non-broadcast advertising to
publicise reductions from their own previous prices.
Minister Presses 'Go' on Consumer Credit Act 2006
DTI Press Release
25 May 2006
The Government today launched a timetable of plans to help boost
the rights of consumers and improve the regulation of businesses.
The new Act updates and augments the 1974 Consumer Credit Act. It
aims to create a fairer, clearer and more competitive consumer
credit market, by:
a) Improving consumer rights and redress:
by removing the extortionate credit test and replacing it with a
test concerned with unfairness, and by introducing an alternative
dispute resolution (ADR) scheme for consumer credit matters to be
run by the Financial Ombudsman Service (FOS);
b) Improving the regulation of consumer credit businesses: by
altering the powers of the Office of Fair Trading (OFT) to enable
it to take targeted action to drive out rogues, and by requiring
minimum standards of information provision to consumers throughout
the life of the loan; and
c) More appropriate regulation of consumer credit agreements:
by abolishing the £25,000 limit for regulation and making the
rules concerning enforceability consistent and proportionate.
Tax Avoidance Scheme Fails
Cadbury Schweppes plc and another v Williams (Inspector of Taxes)
[2006] EWCA Civ 657
CA
24 May 2006
Daily Law Notes Report Summary
A tax avoidance scheme designed to procure that certain receipts
from the sale of securities with accrued interest would be taxable
as capital rather than income failed in its purpose. The
securities carried interest at a variable rate, the scheme thus
being caught by the anti-avoidance provisions of s 717 of the
Income and Corporation Taxes Act 1988.
Personal Injury
Law Society Wins First Miners' Compensation Case
Heard by Tribunal
Law Society Press Release
2 June 2006
The Law Society has won its first application to be considered by
the Solicitors Disciplinary Tribunal relating to the miners’
compensation controversy. Barnsley-based firm Raleys have been
ordered to pay compensation to two former clients, as directed by
the Law Society. The compensation, in each case of £300, had been
directed because Raleys had failed to explain funding arrangements
to their clients.
Health & Safety - "So Far As Was Reasonably Practicable"
R v HTM Ltd
CA
22 May 2006
BAILII Judgment
A criminal case bit of some relevance in personal injury claims.
Health and Safety At Work - Employer’s duties. In cases concerned
with a statutory duty which was qualified with the words 'so far
as was reasonably practicable' the risk of accident had to be
weighed against the measures necessary to eliminate the risk,
including the cost involved. The phrase 'so far as reasonably
practicable' was not a defence, and it followed that reg 21 of the
Management of Health and Safety at Work Regulations 1999
(precluding an employer from relying on a defence by reason of any
act or default of his employee) did not apply.
Cases Generally 
lawindexpro - As Good As Ever
Now with 107,472 cases indexed (with over 160 added in the
last two weeks) and over 244,120 references.
New Slogan (nice and simple): Search+ with new icons
David has reached a milestone this week with the final clearing
out of all the old "Reference only" cases from his database. See
this page for a full explanation of why this was necessary and
about the statistics of his site. It really is amazing.
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/.
Football Mania Section
Football Mania Again
The Official FIFA site:
http://fifaworldcup.yahoo.com/06/en/
Play the Official Fantasy Game!
Experience the thrills and spills of the 2006 FIFA World Cup™ as
only a manager can, by playing the Official Fantasy Game.
Free SMS Alerts on your mobile!
Don't miss the action! Choose from Team, Group, Trivia and Poll
alerts sent to your mobile phone for FREE!
Match Schedule
Who is playing who? When? Where? At what time? Find out the
answers to all these questions by checking out the Match Schedule.
All 736 players profiled
With the squad lists confirmed, check out the profiles of each and
every player taking part
How can you manage without this site?!
Don't like football? Try this Observer article which lists
alternative things to do for all the football matches:
http://observer.guardian.co.uk/review/story/0,,1786180,00.html
OH! What Lovely Law!
A Short History of Law and Legal Systems
2350 BC: Urukagina's Code
This code has never been discovered but it is mentioned in other
documents as a consolidation of existing "ordinances" or laws laid
down by Mesopotamian kings. An administrative reform document was
discovered which showed that citizens were allowed to know why
certain actions were punished. It was also harsh by modern
standards. Thieves and adulteresses were to be stoned to death
with stones inscribed with the name of their crime. The code
confirmed that the "king was appointed by the gods".
A brief biography of King Urukagina :
Here is the wikipedia entry about him:
http://en.wikipedia.org/wiki/Urukagina
Legal Practitioner
More good stuff from LEGAL PRACTITIONER Consilio Magazine,
edited by Norman Baird and Mike Semple Piggot
Litigation
"The Conduct of the Miners' Compensation Cases is Discreditable"
by Dr John Birchall
http://www.spr-consilio.com/art129.htm
The conduct of the miners' compensation cases is discreditable. In
one piece of satellite litigation the court refused a Group
Litigation Order partly on the ground that the costs in the case
were already disproportionate high, and some alternative to
litigation should have been tried.
Legal Comment
"The Un-Rule of Law " by Jane O'Hare, Barrister
http://www.spr-consilio.com/art128.htm
On the 27th May , 2006, and with dreadful predictability, Burma's
military dictatorship extended the detention of Aung San Suu Kyi,
Burma's Nobel Peace laureate and pro-democracy leader - "the
embodiment of popular democratic aspirations in Myanmar."
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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