Newswire 103
By Steve Butler and Joe Reevy
Number 103
22nd 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 29 June because I will be on
holiday from 23 to 30 June.
The next newswire should be on 6th July 2006. This issue is late
because I have been busier than expected..
.
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 10
22 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 16 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. Recommendation is the best form of advertising. Please
recommend the wire and the site to as many people as possible.
PART TWO
TRY OUR NEW BLOG : http://ukblawgers.blogspot.com
and add some comments!
Contents
The Leading Question - English Not Plain Enough?
"International Highlights" Newsletter Feature
Environmental Law Feature
Site Of The Week - Trials
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Football Mania Section, again
Oh! What Lovely Law!
Legal Practitioner
The Leading Question
English Not Plain Enough?
The Coroners Reform Bill was published in the last week having
been flagged in advance as being the start of a new method of bill
publication. For the first time the Bill was to be accompanied by
a plain text explanation. See the BBC story dated 7 June which
heralded the changes and how useful they would be:
"Unparliamentary language"
http://news.bbc.co.uk/1/low/magazine/5054940.stm
The Bill was duly published on 12 June:
http://www.dca.gov.uk/legist/coronersreform.htm#b
with a misleading fanfare from the government:
Press Release:
Government Publishes Coroner Reform Bill - New Focus on the
Bereaved First Bill to Be Written in Plain English (it was the
explanation which was in plain English, not the Bill)
Unfortunately, the press release and the plain English explanation
fail to mention that one of the most important provisions of the
Bill - the new power for inquests to be heard in private - is
completely new and revolutionary and has profound implications for
the Coroner's Service. Fortunately, a few coroners have noticed
the problem and have been quick to attack this provision:
" Coroners' leader condemns secret inquests as the end of justice"
in the Sunday Telegraph is clear enough:
I am not a particular fan of the Campaign for Plain English mainly
because many of the documents approved by it (like the legal aid
forms I used to have to fill out) appeared to me to be so
simplistic as to be patronising. The English was not "plain" it
was "simple" which are two entirely different things. Much was
lost in the translation of legalistic English into plain English,
because the simple words used were not sophisticated enough. The
important thing about the language of the legal system is that it
should be right even if it has to be complicated to succeed in
this aim. Complex laws require complex language and, let's face
it, most laws are complex when you get down to it, otherwise they
would not be necessary.
The new power under clause 41 of the Coroners Reform Bill to
exclude the public from proceedings which have always been public
before is so important that you would have thought that the
explanatory statement would have clarified this.
The Clause reads:
"Subject to section 44 and to any provision made by the Coroners
Rules inquests are to be held in public"
the explanation says:
"This clause makes clear that inquests should be held in public
unless there are exceptional reasons for excluding the public; the
Coroners rules (to be made under clause 67) will set out the
grounds on which the public may be excluded from inquests. The
1984 Rules only require inquests to be held in private where this
is necessary to safeguard national security (rule 17)."
The rules have not yet been made and could be far-reaching.
Wouldn't it have been better if the government had given us a
plain explanation of what they intend and isn't their failure to
do so an example of the misuse of explanatory information, whether
in plain English or not?
This week's newswire is late because of pressure of work (I have
been up to my neck in my last and largest PI case as well as other
critical matters) and because I have to prepare for my holiday
next week. I'll be back.
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 6
International Highlights - June 2006
Contents
In the news
Brussels update
International human rights
Practice rights
Projects update
Feature: Building links with China
Diary dates
Environmental Law Feature
* SHE Matters - Spring 2006
DLA Piper Rudnick Gray Cary
* Environment and Health & Safety digest - Spring 2006
Barlow Lyde & Gilbert
* REACH: Preparing for the European Union’s Fast-Approaching
Chemical Regulatory Regime
DLA Piper Rudnick Gray Cary
* New European legislation on batteries
Law-Now from CMS Cameron McKenna
* New EU Legislation on energy efficiency
Law-Now from CMS Cameron McKenna
You will have to go through the free login process to view the "Law
Now" pages
Words4Business
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Contact: Words4Business ( http://www.words4business.com ).
Tel: 01392 423607
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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 - Trials from History
A site giving transcripts of some of the most famous trials in history
Fascinating.
http://www.law.umkc.edu/faculty/projects/ftrials/ftrials.htm
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
Powers of English Courts Re Australian Companies in Liquidation
In re HIH Casualty and General Insurance Ltd (in liquidation) and
other companies [2006] EWCA Civ 732
CA
9 June 2006
Daily Law Notes Report Summary
An English court considering whether to exercise its discretion
under s 426(4)(5) of the Insolvency Act 1986 to accede to a
request for the transfer of assets held by English liquidators in
the liquidation of a foreign company was entitled to refuse that
request where a transfer would prejudice non-insurance creditors
proving in the ancillary English liquidation and provide no
countervailing benefit in the principal liquidation.
Scheme of Arrangement - Powers of Court
In re Cape plc and others
Ch.D.
7 June 2006
Daily Law Notes Report Summary
The court could sanction a scheme of arrangement which contained
provision for future amendment either of the scheme itself or of
agreements and other documents to be made pursuant to the scheme.
Crime and Punishment
Stripped of Cash - the Proceeds of Crime Act Reaps Rewards
Home Office Press Release
14 June 2006
Police, customs officers and public agencies seized a record £96
million from criminals last financial year, 2005-2006, Home Office
Minister Vernon Coaker announced today. Also announced today is a
new incentive scheme for 2006-07 that will allow recovery agencies
to retain half of what they recover. This is in order to encourage
agencies to recover more criminal assets.
But this was how the papers reported this "record":
"Agency for seizing criminal underworld's assets defends its
record"
Daily Telegraph
15 June 2006
Crystal Meth to Be Reclassified As Class A Drug
Home Office Press Release
14 June 2006
The decision to re-classify the drug is based on international
experience and has been taken on the advice of the Advisory
Council on the Misuse of Drugs (ACMD).
Employment and Discrimination
Weekly Law Reports Case Summaries
Free Movement of Workers - Jobseekers Allowance - Foreign Worker
Collins v Secretary of State for Work and Pensions: [2006] EWCA
Civ 376
CA
4 April 2006
Daily Law Notes Report Summary
Court of Appeal gives guidance about the definition of "worker"
and the relevance of "habitual residence" in claims for benefit
for workers from abroad.
Time Limit
Jeffery and others v Secretary of State for Education and another
EAT
17 March 2006
Daily Law Notes Report Summary
Technical point about time limit for applications under Equal Pay
Act 1970 after course of short-term contracts turned into
permanent contract of employment.
Indirect Discrimination
Cheshire and Wirral Partnership NHS Trust v Abbott: [2006] EWCA
Civ 523
CA
4 April 2006
Daily Law Notes Report Summary
While it was for the claimants to identify their comparator group,
the tribunal had to ensure that the chosen group was not an
artificial or arbitrary one. As a matter of logic, it was not
appropriate to confine the comparator pool to one consisting
solely of the porters, rather than of porters and caterers, who
also received a bonus, since in principle the comparison should be
made between the disadvantaged group and the advantaged group. As
a matter of statistics comparison with a larger group was likely
to produce a more reliable result, so long as the group shared the
relevant characteristics and could be seen to be doing work of
equal value, though large numbers were less important where there
was an identified difference in pay or benefits, such as the
existence or absence of a bonus. Although the employment tribunal
had not used the appropriate comparator group, no tribunal could
have regarded the relevant comparator group, which was 65% male,
as other than predominantly male, and, accordingly, as the
domestics were almost exclusively female and did not get a bonus,
a prima facie case of indirect sex discrimination was established.
The following items are reproduced with the kind permission
of Daniel Barnett, barrister (http://www.danielbarnett.co.uk):
Daniel's Commentary
Breach of Contract: Can you recover the excess
over £25k in the High Court?
15 June 2006
At last, after twelve years of uncertainty, we have an answer. The
Court of Appeal has, today, handed down judgment in Fraser v Hlmad
Ltd, holding that the excess over £25k in a tribunal breach of
contract claim cannot be recovered in the civil courts.
Mr Fraser brought a breach of contract claim in the employment
tribunal and the High Court. His Claim Form in the ET expressly
reserved the right to pursue the excess over the 25k GBP limit in
the High Court.
He succeeded in his employment tribunal claim and recovered £25,000,
a shortfall of £55,000 on the full value of his contract
claim.
Following a strike-out appliation by the Defendant in the High
Court claim, the Court of Appeal held:
* Mr Fraser's wrongful dismissal claim merged into the judgment of
the employment tribunal on his wrongful dismissal claim
* his cause of action for wrongful dismissal ceased to exist
independently of the judgment
* he no longer had any cause of action to pursue in the High
Court, even for the excess over £25k
* it is not open to a Claimant to avoid the operation of a cause
of action estoppel simply by purporting to reserve a right to make
a second claim in the future.
As a postscript, the Court of Appeal recommended that the ETS
review their literature to make it clear that wrongful dismissal
claims cannot be brought in the High Court to recover the excess
over £25k.
Mummery LJ also suggested that Claimants and their legal advisers
do not bring wrongful dismissal claims in the employment tribunal
unless they are certain they want to limit compensation to £25k.
If the Claimant wishes to recover more, the claim should only
be brought in the High Court. Finally, he suggested that the DTI
reconsider the limits on the jurisdiction of the employment
tribunal in respect of claims for wrongful dismissal.
Fraser v Hlmad Ltd
BAILII Judgment
Whistleblowing - No Case to Answer
15 June 2006
The EAT (HHJ McMullen QC presiding) has held that it is normally
inappropriate to make a submission of 'no case to answer' at the
end of the Claimant's case in whistleblowing cases.
Whistleblowing is a form of discrimination. As with all
discrimination claims, it is possible that much of the relevant
evidence will come from the Respondent's side. By cutting off a
case at half-time, a tribunal denies the Claimant an opportunity
to cross-examine the Respondent and seek to elicit favourable
evidence - notwithstanding that the burden of proof is on the
Claimant to establish a protected disclosure.
Accordingly the EAT set aside the tribunal's decision to dismiss a
whistleblowing claim on a submission of no case to answer, and
remitted the case to the same tribunal to hear the rest of the
evidence.
Boulding v Land Securities
BAILII Judgment
National Minimum Wage from 1 October 2006
-----------------------------------------
The draft statutory instrument, raising the adult minimum wage to
£5.35 ph from 1st October 2006, has been laid before
parliament. It also increases the minimum wage to £4.45 ph for
18-21 year olds, and to £3.30 ph for 16-17 year olds.
Holiday Entitlement - Consultation
13 June 2006
The DTI has issued a preliminary consultation paper on extending
the right to 20 days' paid holiday per year to 28 days' paid
holiday.
The additional eight days are intended to represent the eight bank
holidays, so as to allow employees a minimum of 20 days' plus bank
holidays (although the holiday need not be taken on the bank
holidays).
View Consultation Paper
DTI Site
Nurse Chaperones
10 June 2006
The EAT has held that an NHS Trust discriminated against a male
nurse who was required to have a female chaperone present when
administering an ECG to a female patient.
Barts and London NHS Trust has a policy, in common with many other
NHS Trusts, of requiring male nurses to be accompanied by a female
chaperone when administering an ECG to a female patient, because
the procedure would involve touching the patient's breasts. This
might give rise to unjustified allegations of assault - hence the
desirability of a chaperone. No similar requirement exists when a
female nurse administers an ECG to a male patient.
The EAT recognised that such a policy was extremely sensible.
Nevertheless, upholding the tribunal's decision, it noted that
justification cannot be a defence to direct discrimination and
therefore the Trust's policy was in breach of the SDA 1975.
It also held (overturning the EAT) that the male nurse, who felt
upset and demotivated, had suffered a detriment - and therefore
was entitled to compensation. It was an error of law for the
tribunal to find that he had not suffered a detriment simply
because no reasonable person could have objected to the policy. To
find that was to introduce a justification defence by the back
door. The test for establishing a detriment is much broader.
Accordingly the nurse's appeal succeeded. The EAT substituted an
award for injury to feelings of £750, which it described as "very
much at the lower end of the scale."
Moyhing v Barts & London NHS Trust
BAILII Judgment
North East Equal Pay Litigation
9 June 2006
The employment tribunal's decision in Allan v GMB was handed down
earlier this week.
In a claim brought by five test Claimants against the GMB, the GMB
has been held liable for sex discrimination and victimisation in
failing to pursue Middlesborough Borough Council in connection
with a long-running equal pay dispute.
The decision (139 pages) is deeply critical of the GMB, including
findings that it misled and manipulated its "relatively
unsophisticaed" members (paras 7.59 and 7.66), "rushed headlong
into accepting an ill-considered pay deal" (para 7.60) and
"neglected the interests of the back pay Claimants" (para 7.61).
The tribunal also found that the GMB victimised those of its
members who had chosen to be presented by an external solicitor,
by impeding the settlement of their claims with the Council, on
the grounds that it regarded them as "pariahs" (para. 7.73).
The remedies element of the claim has been adjourned, and the GMB
has indicated an intention to appeal. According to an item on the
BBC news website, the potential cost to the the GMB is expected to
exceed £1,000,000.
Allan v GMB
Employment Tribunal Decision:
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
A Wrong Not A Right: Further Measures to Combat Forced Marriage
Home Office Press Release
7 June 2006
Three recommendations for non-legislative activity will now be
taken forward. These are:
* increasing the level of training to professionals who work in
this field and engaging more with affected communities;
* increasing the work done with statutory agencies in sharing best
practice and implementing guidelines;
* ensuring that existing legislation is fully implemented
including making better use of civil remedies and the family
courts.
General
Pet Sale Licences for Pet Fairs
R (Haynes) v Stafford Borough Council
QBD
14 June 2006
Daily Law Notes Report Summary
There was no reason to suppose that s 2 of the Pet Animals Act
1951 had been drafted so as to exclude non–open markets (requiring
a fee for entry) from the prohibition against selling pet animals
in markets. In the case of a bird fair held at a showground, it
was not appropriate for a pet animal sale licence to be issued to
the organiser, so as to protect trading by fair members whilst
away from the premises associated with their own licences, since
it was the traders and not the organiser who would trade at the
fair.
Powers of Cayman Islands' Attorney General
Attorney General of the Cayman Islands v James Cleaver & Co and
others [2006] UKPC 28
Privy Council
6 June 2006
Daily Law Notes Report Summary
Where there was an issue of general public importance going to the
jurisdiction of lower courts and their consequent ability to do
justice according to the law, the Attorney General could
appropriately be granted leave to intervene in proceedings and to
appeal against a decision of the Court of Appeal.
Immigration and Nationality
Taking action against forced marriages
Home Office Press Release
8 June 2006
Changing the law to criminalise forced marriages could make
matters worse, a public consultation on the issue has found. But
the Government will take more action to clamp down on this complex
problem that crosses borders and ruins lives.
Intellectual Property and Computers
Taxation of computers provided for private use
Inland Revenue Statement
12 June 2006
Taxation of computers provided for private use
On 22 March 2006 the Chancellor announced in the Budget that the
tax exemption, which applied to the first £500 of annual
benefit in kind arising on computers made available by employers
for private use by their employees (equivalent to 2,500 GBP incl.
VAT of equipment) would be removed with effect from 6 April 2006.
Using un-encrypted data to aid police investigations
Home Office Press Release
8 June 2006
Parliament has approved laws that require suspected terrorists,
paedophiles and organised criminals to either
* remove encryption so that the data or material is
intelligible again
* or provide the police with the 'key' to decipher any
encrypted data
This means that the police will get access to potential evidence,
and will be able to charge criminals who may previously have been
released without charge.
Land and Environment
Home Information Pack Regulations 2006
SI 2006/1503
Explanatory Memorandum
The Home Information Pack Regulations 2006: Procedural Guidance
(PDF 318 Kb)
More costly than expected and only 28 day shelf-life if sale falls
through, amongst other things.
HIPs: Law Society Launches Dry Run
Law Society Press Release
12 June 2006
Solicitors are being urged to give their input to one of the most
radical changes ever to the home buying process. It was announced
today that the Law Society Home Information Pack (HIP) dry run
will begin later this month, on a phased geographical basis, one
year before the law changes and everyone putting their property on
the market must have a home information pack.
Compulsory Energy Rating for Homes
DCLG Press Release
14 June 2006
Energy ratings similar to consumer-friendly fridge ratings will
have to be produced for every home bought and sold in England and
Wales from next June, the Government announced today.
Compromise of Landlord and Tenant Action
Where Security of Tenure Inferred
Carphone Warehouse UK Ltd v Malekout [2006] EWCA Civ 767
CA
14 June 2006
Daily Law Notes Report Summary
A compromise of possession proceedings of residential premises on
terms inferring recognition by the landlord of the tenant’s
statutory protection estopped the landlord in a subsequent action
from contesting that issue.
Land Registry News
Scanning and retention of documents
From 12 July 2006, on completion of their registration, leases and
charges will be added to the database of electronic deeds. Further
information:
http://www.landregistry.gov.uk/imp_dev/scan_retain
and FAQs: regarding this change are available.
Changes to leasehold registers
Check the fuller explanations given in a special factsheet:
http://www.landregistry.gov.uk/assets/library/documents/pcl_fact_sheet_4.pdf
and in the FAQs:
http://www.landregistry.gov.uk/kb/Default.asp?ToDo=browse&catId=30
Prescribed clauses leases
From June 19 the use of prescribed clauses is compulsory for most
leases of registered land. Refer to updated practice guide 64 for
more details:
http://www.landregistry.gov.uk/assets/library/documents/lrpg064.pdf
Temporary Intentional Homelessness - Powers of Local Authority
R (Conville) v Richmond upon Thames London Borough Council
[2006] EWCA Civ 718
CA
8 June 2006
Daily Law Notes Report Summary
When considering what period would give an applicant a reasonable
opportunity of securing accommodation for his occupation, pursuant
to s 190(2)(a) of the Housing Act 1996, a local housing authority
should not take into account its own resources.
Legal Practice and Lawyers
Pro Bono and Charitable Fee Sharing – New Rules Now in Force
Law Society Rules
9 June 2006
To make Pro Bono more attractive, changes have been made to
* practice rule 7 (fee sharing, partnership and corporate
practice) of the Solicitors’ Practice Rules 1990;
* practice rule 18 (Application and interpretation) of the
Solicitors’ Practice Rules 1990;
* the Solicitors’ Costs Information and Client Care Code 1999; and
* the Employed Solicitors Code 1990.
Bar Council Calls for Amendments to Draft Legal Services Bill
8 June 2006
http://www.barcouncil.org.uk/document.asp?documentid=3905&languageid=1
While supporting the broad thrust of the Bill, the Bar Council has
identified three major concerns for the Parliamentary Joint
Committee to consider: the powers of the Legal Services Board
(LSB); the arrangements for complaints handling; and the cost of
the new system.
Litigation, Courts and Human Rights
Defamation - Involvement of Jury in Difficult Trial
Armstrong v Times Newspapers Ltd and others
CA
13 June 2006
Daily Law Notes Report Summary
Where, pursuant to s 69(1) of the Supreme Court Act 1981, a libel
action was to be tried by a judge alone because it was
inconvenient for it to be tried by a jury, the court had an open
discretion under s 69(4) to order that a jury should decided the
question of fact as to what particular defamatory meaning the
words complained of bore.
Money, Property and Tax
Society Welcomes Finance Bill Changes; Major Concerns Remain
Law Society Press Release
8 June 2006
The Treasury succumbs to pressure on some of its new trust
taxation rules:
”The government has moved a long way from its original proposals
and that is very good news. Solicitors will welcome the fact that
many millions of their clients will not now have to go through the
expense and trouble of having their will reviewed. We are
particularly pleased that spouse exemption will no longer be lost,
something of concern to those in second marriages and those who
wish to comply with Sharia law. The government is also taking a
much more sensible line on will trusts vesting assets to children
between the ages of 18 and 25.”
Personal Injury
Power to Override Limitation Period in PI Case
Horton v Sadler and another [2006] UKHL 27
HL14 June 2006
Daily Law Notes Report Summary
The court had a wide and unfettered discretion under s 33 of the
Limitation Act 1980 to disapply the time limit under s 11 in a
personal injury action where it appeared equitable to do so: in
exercising its power the court was not subject to a technical rule
that where a claimant had issued his first action within the
limitation period he was unable to invoke s 33 in respect of a
second action brought after expiry of the time limit.
Cases Generally 
lawindexpro - As Good As Ever
Now with 107, 674 cases indexed (over 200 added in two weeks)
and over 244,745 references.
Try these for size:
European. - Intellectual Property
Adidas-Salomon Ag -v- Drape and others - [2006] EWHC 1318 (Ch)
ChD
07 June 2006
The claimants had sponsored tennis players who were to wear their
logo. The respondents organised tennis tournaments whose intended
rules would prevent the display of the claimant's logos. The
claimants said that the restriction interfered with their rights
to trade within Europe. Held: The rules were potentially a breach
of the claimants rights to trade, and an interim injunction was
granted to prevent their imposition: 'Articles 81 and 82 contain
competition rules of the European Community. They are of direct
effect and impose on all undertakings to which they apply external
constraints as to what they may do. If it is alleged that the ITF
is in breach of either Article then it is the duty of the court to
scrutinise its activities of which complaint is made and, if the
case is made out, to give judgment against it. The principles
applicable to decisions of domestic regulatory sporting bodies who
are not in breach of either Article are not in point. But even if
the latter principles did apply the discriminatory enforcement of
sporting rules based on a fundamental misunderstanding of what the
rule required, which Adidas submits is the case here, would
entitle the court to interfere. '
Case Map:
http://www.lawindexpro.co.uk/cgi-bin/casemap.php?rf=I060616&case=242355
This case cites 21 cases:
http://www.lawindexpro.co.uk/cgi-bin/cited.pl?rf=I060616&idx=242355
Judgment Links: Bailii:
http://www.bailii.org/ew/cases/EWHC/Ch/2006/1318.html
Commonwealth - Constitutional - Criminal Evidence
(Jamaica)
Grant -v- The Queen - [2006] UKPC 2; 30 of 2005
PC
16 January 2006
The defendant appealed his conviction for murder saying that the
admission of an unsworn statement by one witness and the
non-admission of another similar statement who did not either
attend court was unconstitutional. He shot the victim 13 times
with hollow point bullets. He claimed self defence, and drove
straight to the police station to report the incident and
surrender himself. Though no gun was found on the body, it was
known that passers by had removed at least spent bullets. The
purpose of the section was to allow admission of statements which
would otherwise been inadmissible as hearsay, and subject to the
discretion of the judge, but it was said that this conflicted with
the constitutional right to coss examine witnesses. Held: The
appeal succeeded on the basis that the trial had been unfair. The
right to cross examine witnesses was important, but a departure
from that principal might be justified. The jurisprudence of the
European Court of Human Rights applied to Jamaica before it became
independent. The courts system in Jamaica provided other
protections also. It was clear that neither witness was thought
either unreliable or not relevant. The evidence of one witness
would have corroborated much of the defendant's statement. 'It
was, however, the responsibility of prosecuting counsel and the
trial judge to ensure that the proceedings were fair, and they
failed to do so. This failure was compounded by an inadequate
direction on Bryant's evidence. The jury were given no
encouragement to scrutinise it with particular care, and were not
alerted to apparent discrepancies between it and the evidence of
Constable Wynter (or, of course, the statement of Kinglock). '
Case Map:
http://www.lawindexpro.co.uk/cgi-bin/casemap.php?rf=I060616&case=238309
This case cites 25 cases:
http://www.lawindexpro.co.uk/cgi-bin/cited.pl?rf=I060616&idx=238309
Judgment Links: Bailii:
http://www.bailii.org/uk/cases/UKPC/2006/2.html
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.
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No other research site is so powerful for such a low price. David
is happy to provide subscribers to UKlawyers with a brief guest
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Ring 01484 717380 or 0773 187 4426 to subscribe or enquire.
"More Cases, More Courts, More Years, More Use"
Go to:
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Football Mania Section
Football Mania Again
Sorry to repeat this but I have not had time to find anything else.
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
2050 BC: Ur-Nammu's Code
The earliest known written legal code of which a copy has been
found, albeit a copy in such poor shape that only five articles
can be deciphered. Archaeological evidence shows that it was
supported by an advanced legal system which included specialized
judges, the giving of testimony under oath, the proper form of
judicial decisions and the ability of the judges to order that
damages be paid to a victim by the guilty party. The Code allowed
for the dismissal of corrupt men, protection for the poor and a
punishment system where the punishment is proportionate to the
crime. Although it is called "Ur-Nammu's Code, historians
generally agree that it was written by his son Shugli.
A more religious biography:
http://home.swipnet.se/~w-63448/mesbro.htm#urnammu
Here is the wikipedia entry about him:
http://en.wikipedia.org/wiki/Ur-Nammu
Legal Practitioner
More good stuff from LEGAL PRACTITIONER Consilio Magazine,
edited by Norman Baird and Mike Semple Piggot
Intellectual Property
To Patent Or Not to Patent – That is the Question
Christopher Hirsz,
http://www.spr-consilio.com/art137.htm
Accepted wisdom, once you have come up with a new invention, is
that you need to get a patent to protect the invention. By
protecting the invention, you have the right to make the invention
and stop others from copying the invention, many people believe.
Unfortunately, although the latter point is true, the former one
is NOT! It is a common misconception that having a patent gives
you the right to make the invention. This is not the case. In
fact, having a patent only gives you the right to stop others from
making the invention, but not the converse.
Immigration
Immigration and Asylum
by Rona Epstein
http://www.spr-consilio.com/art132.htm
One hundred years ago there were no controls on entry to this
country. The Aliens Act 1905 began a century of legislation to
control immigration. Generations of migrants have found a place in
British society. Their food, language and cultural traditions have
become part of mainstream culture, from bagels to curry to
carnival. The economic contribution of migrants is considerable,
in commerce, industry and work in the public services.
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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