Newswire 104
By Steve Butler and Joe Reevy
Number 104
17th July 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
This issue is late because I have been busier than expected..
The next wire will be on Thursday, 27 July 2006
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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 11
15 July 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 12 July 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
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PART TWO
TRY OUR NEW BLOG : http://ukblawgers.blogspot.com
and add some comments!
Contents
The Leading Question -Holidays or Clients or Money?
"Family Law News" Newsletter Feature
Charles Christian Feature
Site Of The Week - pdf conversion
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Space Corps Section
Oh! What Lovely Law!
Legal Practitioner
The Leading Question
Holidays or Clients or Money?
Holidays are problematical. They are definitely a Good Thing. So
how come they often have a downside, which can outweigh their
benefits?
Back in 1984 I went on holiday for a month, and I am convinced
that I am still suffering the after effects even now. The holiday
to Australia was fantastic, unforgettable and great fun. The
locum I employed was well qualified, if a bit doddery, and he was
able to live in the house as well as run the office. It looked
like a good scheme. When I got back he had done nothing except
hold the fort. Nothing had progressed unless it urgently had to
do so and he had not delivered any bills at all. I always
reckoned that the holiday cost me 10,000 GBP, as well as the
actual cost of the journeys etc,, which in those days was a
fortune. Having said that he was not as unusual as one locum I
heard of recently who took it upon himself to take away a leaking
sink and replace it with one which did not fit at all ( and still
leaked)!
My holiday in June (which feels like months ago already) was very
good. I love CenterParcs and we had a good time. But coming home
has been hard work. I am as busy as I have ever been, if not
busier. There have been problems with conveyancing; new cases
have been appearing like magic and old cases are coming to
fruition at last. And I have had to try to catch up for the mere
week I spent away from the office.
It has taken until now to be able to get to grips with the
Newswire - clients have got to take priority over everything else,
no matter how much fun.
That was why my 1984 holiday was so expensive and traumatising - I
had to take steps to make sure that my clients did not suffer
while I had fun. My bottom line suffered instead.
That is the whole ethos of our profession - clients have to come
first. We cannot go to extremes - we have to be able to make
enough profit to live but sometimes the profit is less than at
other times because of various pressures.
The Government seems to be taking advantage of this. The new
legal aid proposals will not make things worse for clients but
will make things worse for their lawyers. Many lawyers will have
to close down because legal aid work will just not be profitable.
Many will soldier on making sure their clients are OK while their
own standard of living falls. .The clients who can find a
solicitor will not notice the difference which is what the
government is relying on. Isn't it the clients who will find it
harder and harder to find a solicitor who should worry the
Government? Aren't there going to be more of those than the
Government has foreseen as many lawyers are forced to take a
permanent holiday?
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 7
My list of Law Society newsletters is starting to catch up with
the ones without recent editions, but useful nevertheless:
Family Law News - issue 22 - 28 April 2006
http://www.lawsociety.org.uk/newsandevents/newsletters/familylaw.law
Family drug and alcohol court; Family justice television series;
Capital Gains Tax; VAT and immigration status; Conveyancing for
mentally incapacitated adults
Charles Christian Feature
Legal IT has a large number of suppliers aimed at our specialised
market. Charles Christian is a commentator and some would even
say guru, who has been involved since the IT revolution started
and has managed to keep abreast of all developments. As well,as
regular articles in the Law Society gazette, he has a regular
print and electronic newsletter, "Legal Technology Insider," at:
http://www.legaltechnology.com/
and has now started a blog, "The Orange Rag":
http://www.theorangerag.com/
The newsletter is said to be "the definitive online resource for
the latest news about legal technology". Take a look at both if
you need to keep yourself up-to-date in this constantly changing
field.
Words4Business
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Hawksmere Courses
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Business and finance; Business law; Commercial; Entertainment law;
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management; Health & Safety; Insurance; Personal management;
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Occupational health; Senior management; Specialist Training and
development.
Many are run in association with leading firms and speakers.
Download their brochure:
http://www.hawksmereltd.co.uk/brochures/8931.pdf
Site of the Week -Convert pdf files
Convert PDF files to text or HTML
Here is a useful tool I have not seen before, although it must
have been there all the time. Just tell those nice people at
Adobe the URL of the pdf file you want to convert to text or HTML
and they will send it to you.
http://www.adobe.com/products/acrobat/access_onlinetools.html
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
Duress - Breach of Contract
Halpern v Halpern [2006] EWHC 1642 (Comm)
QBD
4 July 2006
Daily Law Notes Report Summary
The common law remedy of rescission of a contract procured by
duress was only available to a party capable of providing
counter-restitution.
Crime and Punishment
Prisoner's Rights - Lifer on Parole
R (Hirst) v Secretary of State for the Home Department and another
[2006] EWCA Civ 945
CA
6 July 2006
Daily Law Notes Report Summary
The statutory scheme governing the recall to prison of a life
sentence prisoner who had been released on licence was not
incompatible with the right to liberty.
Driving Forward Improvements in Policing - A National
Policing Board
Home Office Press Release
3 July 2006
A National Policing Board is to be created to drive improvements
and strengthen the governance of policing in England and Wales,
Home Secretary John Reid announced today.
Validity of Arrest Warrant for Extradition
Von Der Pahlen v Leoban High Court, Austria
QBD
27 June 2006
Daily Law Notes Report Summary
An arrest warrant seeking the extradition of a person living in
England should set out full particulars to meet four elements, as
required by s 2(4)(c) of the Extradition Act 2003, relating to the
conduct, time, place and the provision of law of the territory
under which the conduct was alleged to constitute the offence. A
warrant which failed to meet these requirements was invalid.
Respect Squad to Troubleshoot Inaction on Anti-Social Behaviour
Home Office Press Release
26 June 2006
The new national 'Respect Squad' of trouble-shooters can be called
in to tackle incidents of persistent anti-social behaviour which
are causing misery to local communities up and down the country.
Bar Council and Criminal Bar Reject Home Office Claims of
'Devious' Conduct by Defence Barristers in Rape Trials
Bar Council Press Release
21 June 2006
The Bar Council and Criminal Bar Association today welcomed the
Home Office commissioned research into the impact of Section 41 of
the Youth and Justice and Criminal Evidence Act 1999, but rejected
claims that their members were acting deviously to subvert the
goals of the legislation.
.
Employment and Discrimination
Weekly Law Reports Case Summaries
Reported 27 June 2006 by ICLR
Negligence
Corr v IBC Vehicles Ltd: [2006] EWCA Civ 331
CA
31 March 2006
Daily Law Notes Report Summary
Personal Injury of employee leading to depression and suicide.
Suicide should no longer be regarded as necessarily breaking a
chain of causation, and, as the evidence clearly established that
there was no other cause than the depression that drove the
deceased to suicide, there was no break in the chain of causation
preventing the claimant from establishing the defendant's
liability under the Fatal Accidents Act 1976.
Procedural Unfairness
Alexander v Brigden Enterprises Ltd
EAT
12 April 2006
Daily Law Notes Report Summary
Redundancy - a full explanation of the basis of selection for
redundancy should be given by the employers. The employees won
their appeal on that basis but the EAT decided the right employees
had nevertheless been dismissed and they were given no
compensatory award.
Reported 30 June 2006 by ICLR
Paid Annual Leave
British Airways plc v Noble and another: [2006] EWCA Civ 537
CA
9 May 2006
Daily Law Notes Report Summary
Employees successfully argued in the Employment Tribunal and the
EAT that they were not being paid properly for bank holidays
because the amount was based on faulty formula. The Court of
Appeal reversed these decisions.
Transfer of Undertaking
Cross and another v British Airways plc: [2006] EWCA Civ 549
CA
11 May 2006
Daily Law Notes Report Summary
Retiring flight staff lose fight over retirement age The "normal
retiring age" in section 109 of the Employment Rights Act 1996 was
conceptually different from a contractual retirement date, though
there was a presumption that a contractual retirement age
applicable to all or nearly all employees in a group was the
normal retiring age for the group.
Reported 6 July 2006 by ICLR
Consultation and Information
Moray Council v Stewart
EAT(Sc)
20 April 2006
Daily Law Notes Report Summary
Discussion of the effect of three collective agreements between
unions and Moray Council.
Whistleblowers - Former Employment
Woodward v Abbey National plc (No 1) [2006] EWCA Civ 822
CA
22 June 2006
Daily Law Notes Report Summary
The protection afforded to "whistleblowers" by the Public Interest
Disclosure Act 1998 extended to a claim against a former employer
alleging detriment suffered after termination of a claimant's
employment.
Seconded Employees Subsequently Employed - When
Does Continuous Employment Begin?
North Wales Training and Enterprise Council Ltd (t/a Celtec) v
Astley and others
HL
21 June 2006
Daily Law Notes Report Summary
House of Lords Judgment
A group of civil servants whose department was privatised in 1990
were to be deemed to have transferred to the new undertaking at
that time even though they initially worked for it on secondment
and did not resign from the civil service to become employees of
the transferee until 1993. They had thus changed employer "by
reason of" the transfer of the undertaking within art 3(1) of the
"Acquired Rights" Directive 77/187/EEC and their continuous
employment began when they had commenced work for the Civil
Service.
The following items are reproduced with the kind permission
of Daniel Barnett, barrister (http://www.danielbarnett.co.uk):
Daniel's Commentary
Fixed Term Contracts
7 July 2006
A quick reminder that next week (10th July) sees the fourth
anniversary of the Fixed Term Employees (Prevention of Less
Favourable Treatment) Regulations 2002. The significance of this
anniversary is that, under regulation 8, any employee who has been
on a fixed-term contract (or a series of fixed-term contracts) for
four years becomes, as if by magic, a permanent employee. There is
an objective justification exception, if the employer can
objectively justify the fixed-term nature of the contract at the
date of the last renewal.
In practical terms, nothing really turns on this (since expiry of
a fixed-term contract is just as much a dismissal, for employment
law purposes, as a straight sacking). There is one little point of
interest, though...
Technically, the employer must (within one month of the fourth
anniversary) give the employee a statement of changes to his terms
and conditions of employment - so as to provide information as to
the length of the relevant notice periods rather than the date of
expiry under a fixed term contract (ERA 1996, ss1(4)(e) and (g)).
Failure to do so can result in an award of two or four weeks' pay
(Employment Act 2002, s38).
High Court Challenge to Age Regulations
4 July 2006
Heyday, an organisation created by and closely associated with Age
Concern, has issued a judicial review application in the High
Court challenging the legality of the Employment Equality (Age)
Regulations 2006.
According to their press release, the challenge is based upon the
argument that the 2006 Regulations fail to implement the EU Equal
Treatment Framework Directive, since the Regulations effectively
exclude people over 65 from having a right to work. More info here
Appeals: New Points and Perversity
29 June 2006
The Court of Appeal has, in part, overturned the decision of the
EAT in Unison v Leicestershire City Council. See bulletin of
29/5/05 for the EAT's decision.
This case is authority for the propositions that:
* the fact that a case is of very large value or involves a
complex and important point of law is not, without more, an
'exceptional' circumstance allowing a party to raise a new point
of law on appeal which had not been raised before the employment
tribunal. What is required is something akin to "a pressing public
interest" (para. 21)
* the Employment Appeal Tribunal is not permitted to interfere
with fact-sensitive assessments, such as the number of days' pay
for a protective award (where the EAT reduced it from 20 to 10),
unless the tribunal's assessment is plainly wrong in law or
otherwise perverse (para. 34).
Unison v Leicestershire County Council
BAILII Judgment
How Not to Conduct Tribunal Proceedings...
28 June 2006
Whilst I don't normally announce first instance decisions, this
case contains such an amusing summary of how not to conduct a
tribunal hearing (in the context of a wasted costs order) that I
thought it deserved wider distribution. See paragraph 20 for the
tribunal's erudite exposition of how not to conduct a case.
The decision is also interesting because of the tribunal's finding
that an employment consultant was lying about being a 'not for
profit' representative (so as to avoid a wasted costs order) - see
paras. 23-27.
Johal v Initial City Link
http://danielbarnett.c.topica.com/maaeLEIabrz5ScfLnqteafpOi5/
When is three months not three months?
27 June 2006
The EAT has handed down a judgment dealing with time limits under
Regulation 15(1) of the Employment Act (Dispute Resolution)
Regulations 2004.
The Claimant resigned on the basis of constructive dismissal and
served a combined resignation and grievance letter on the
Respondent on 20 June 2005.
He then lodged his tribunal claim on 20th December 2005.
The finding of both the Employment Tribunal in a pre-hearing
review, and later at the EAT, were that the claim was served on
time. The EAT held that the extension of time under Regulation
15(1) means three months, and not three months less one day.
Rainbow International v Taylor
BAILII Judgment
Detriments to Ex-Employees
23 June 2006
The Court of Appeal has handed down an important decision in
Woodward v Abbey National plc.
In 2003, the House of Lords ruled (in Rhys-Harper v Relaxion Group
plc) that ex-employees were entitled to rely on the discrimination
legislation in connection with victimisation occurring after
termination of employment (such as the refusal to provide a
reference).
Previously, in 2001, the Court of Appeal had held in Fasipe v Reed
Nursing Personnel Ltd. that ex-employees could not rely on the
Employment Rights Act 1996 so as to claim protection against
detriments occurring after termination of employment, as the
legislation only protected employees against detriments suffered
whilst in employment.
In the current case, Woodward v Abbey National, the Claimant had
complained of being subjected to various detriments - after her
employment finished - because she had made a protected disclosure
some ten years earlier whilst still employed by the Abbey
National.
The employment tribunal, and the EAT, rejected her claim because
they considered themselves bound by Fasipe, which they regarded as
binding authority for the proposition that the detriment had to
occur during employment in order to be actionable under the
Employment Rights Act 1996. They considered that the
discrimination legislation was a wholly different statutory
framework, affected by considerations of European law, and Fasipe
remained binding as it had not been expressly overruled by the
House of Lords in Rhys-Harper.
The Court of Appeal has disagreed, overturning the ET and EAT.
Following extensive analysis of the reasoning in Rhys-Harper by
Ward LJ, which is worth reading, it held that the provisions
protecting against suffering a detriment in the Employment Rights
Act should be interpreted so as to include detriments suffered by
ex-employees as well as existing employees.
Woodward v Abbey National plc
BAILII Judgment
Date of TUPE Transfers
21 June 2006
The House of Lords has handed down a 4:1 ruling in Celtec v
Astley, following the ECJ's decision last year.
Upholding the employment tribunal and Court of Appeal's decisions,
but on different grounds, it held:
* following the ECJ ruling, a TUPE transfer must take place on a
specific date, rather than over an extended period
* employees and employers cannot agree or arrange fo the transfer
to take place on a date other than the true legal date of the
transfer.
It is a complicated decision, made slightly easier if put into its
factual background. In the early 1990s, the Department of
Education created Training and Enterprise Councils (TECs) to take
over its responsibility for training young people.
A large number of civil servants were seconded from the DofE to
the TECs. Three years later, they were offered the opportunity to
return to the DofE, or stay with the TECs and be transferred into
the employment of the TECs. Thus in 1993, the Claimants resigned
from the DofE and signed new contracts with Celtec (the employer)
The TUPE transfer (when the TECs actually opened for business) was
found to be in September 1990.
When the Claimants were made redundant in 1998, they claimed
redundancy payments based on continuity of employment back to the
beginning of their employment with the DofE. Celtec argued that
they were only entitled to continuity of employment from 1993.
The House of Lords, in five separate opinions, decided (4:1) that,
in fact, the Claimants had all TUPE-transferred to Celtec in
September 1990, irrespective of the fact that everyone believed
they remained employees of the DofE and had simply been seconded
out. Because it was not possible for the parties to agree a
different transfer date, the operation of TUPE 'trumped' any
understanding or arrangement between the parties. Accordingly, the
Claimants were entitled to rely on their continuity of employment
with the DofE.
The dissenting judgment (that of Lord Mance) is impressive and
worth reading, to appreciate the potential commercial implications
of this decision.
Celtec v Astley
House of Lords Judgment
Retrospective Award for Failure to Provide Written
Statement of Terms and Conditions
19 June 2006
The Employment Appeal Tribunal has handed down a (short) judgment
dealing with whether tribunals are entitled to grant a
retrospective award of two (or four) weeks' pay against an
employer who has failed to provide a written statement of terms
and conditions.
This remedy was introduced under the Employment Act 2002 (section
38). It came into force on 1st October 2004. The EAT has held that
an employee is entitled to the award, when judgment is given after
1st October 2004, even if the dismissal was before 1st October and
the claim lodged before 1st October.
This decision is likely to prove controversial, although it is
likely to have relative little impact as most cases going through
the tribunal system will now be dealing with dismissals after
October 2004.
Lewald-Jezierska v Solicitors in Law Ltd.
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
Family Court Hearings to Be Accountable and Open
DCA Press Release
11 July 2006
The plans will see the family court system opened to the media so
that they can report on their work to the public. This will affect a
range of cases including those where a local authority acts to take
a child into care, or where parents dispute child contact or residence.
The proposals also include new safeguards to ensure the anonymity
and privacy of individuals.
Publicity in Family Proceedings
Clayton v Clayton [2006] EWCA Civ 878
CA
27 June 2006
Daily Law Notes Report Summary
Whereas the prohibition on publication contained in s 97(2) of the
Children Act 1989 prevented identification of children involved in
Children Act proceedings while the proceedings were continuing,
such prohibition ended once those proceedings were concluded,
entitlement to anonymity thereafter being dependent on an exercise
in balancing the Convention rights of those involved.
"What shall we tell the children?"
Speech by Harriet Harman MP
Minister of State for Constitutional Affairs
19 June 2006
"One of my concerns is that in parliament we spend a lot of
time discussing legislation without institutionalising what I want
to call "post-legislative scrutiny". We need not just to get the
policy right and get the legislation to match the policy. We also
need to discover whether the legislation, when implemented,
has had the effect that we intended and has not had unintended
unwelcome consequences. We do, of course, have the very
important select committee system. But what I am talking about
is the government itself making itself accountable for reviewing
and reporting back on how legislation is working."
Magistrates Court and CSA Assessments
Farley v Secretary of State for Work and Pensions (No 2)
[2006] UKHL 31
HL
28 June 2006
Daily Law Notes Report Summary
House of Lords Judgment
A magistrates' court hearing an application under the Child Support
Act 1991 for a liability order against a non-resident parent in respect
of unpaid child support must proceed on the basis that the maintenance
assessment in question was lawfully and properly made. It had no
jurisdiction to adjudicate on a challenge to the making of the
maintenance assessment.
Ancillary Relief Where Assets Tainted With Criminality
Crown Prosecution Service v Richards and another [2006]
EWCA Civ 849
CA
27 June 2006
Daily Law Notes Report Summary
Where matrimonial assets were tainted with the proceeds
of crime and subject to confiscation they should ordinarily,
as a matter of justice and public policy, not be distributed.
General
Fairer Rules on Parking Unveiled
Dept of Transport Press Release
12 July 2006
The draft guidelines make clear that the Government wants local
authorities to use parking enforcement powers to keep the traffic
flowing and not to raise money. The aim is a fairer system for
all. Including:
* Wheel clamping only for the most persistent parking penalty
evaders
* More transparency and information for road users with
authorities publishing their policies and reports
* Dedicated training for everyone involved in administering civil
parking enforcement from on the street right up to the boardroom
No Change to Sunday Trading Laws
DTI Press Release
6 July 2006
The Sunday trading laws have been in place for over ten years and
the DTI recently undertook a review of them to see if there is a
need for change. Having considered all the evidence from the
review, we have concluded there should be no change to the Sunday
trading laws."
Radio Licence and Freedom of Expression
Central Broadcasting Services Ltd and another v Attorney General
of Trinidad and Tobago [2006] UKPC 35
PC
4 July 2006
Daily Law Notes Report Summary
A failure to deal fairly and promptly with an application for a
broadcasting licence could amount to a breach of the applicant's
freedom of expression.
Prompt Disclosure to Insurers
Shinedean Ltd v Alldown Demolition (London) Ltd (in liquidation)
and another
CA
20 June 2006
Daily Law Notes Report Summary
The question whether an insured had provided information to his
insurer within a reasonable time, in compliance with a claims
cooperation condition in an indemnity insurance policy, was a
question of fact depending on all the circumstances in each
particular case. There was no absolute principle that prejudice to
the insurer was a factor to be either included or excluded in that
assessment, and there was no rule that such a condition could not
be broken unless the insurer had suffered prejudice from the
failure.
International/Europe
Correct Forum and Law Applicable
Harding v Wealands [2006] UKHL 32
HL
5 July 2006
Daily Law Notes Report Summary
House of Lords Judgment
The assessment of damages was a matter of procedure, under s
14(3)(b) of the Private International Law (Miscellaneous
Provisions) Act 1995, which was to be determined in accordance
with the lex fori so that a claimant bringing proceedings in
England for damages for personal injuries arising from a car
accident in New South Wales was entitled to have the quantum
of damages calculated in accordance with the law of England.
Global Practice Rights: Society Lobbies WTO
Law Society Press Release
29 June 2006
The Law Society is pressing for its members to be allowed to
practise in a range of key jurisdictions in Asia, the US and South
America ahead of World Trade Organisation negotiations on
international trade liberalisation.
Land and Environment
Stamp Taxes IT System to Be Temporarily Unavailable
Law Society News Flash
10 July 2006
The HM Revenue & Customs stamp taxes IT system will be unavailable
between 18:00 on Thursday 13th July and 08.00 on Tuesday 18th July
due to planned maintenance. During this time no Stamp Offices will
have access to customer records.
Secure Tenancy Successor - Deceased Joint Tenant or Her Son?
Birmingham City Council v Walker [2006] EWCA Civ 815
CA
22 June 2006
Daily Law Notes Report Summary
A person who was a joint tenant under a periodic tenancy and
became the sole tenant by survivorship following the death of the
other joint tenant was not a successor, within the meaning of s 88
of the Housing Act 1985, when that tenancy subsequently became a
secure tenancy following legislative enactment.
Assured Shorthold Tenancy - Notice Required in One Year Tenancy
Church Commissioners for England v Meya [2006] EWCA Civ 821
CA
21 June 2006
Daily Law Notes Report Summary
On the expiry of an assured shorthold tenancy for a term of one
year less a day at an annual rent payable by equal quarterly
payments in advance the statutory periodic tenancy arising under s
5 of the Housing Act 1988 was a quarterly, and not an annual, one.
Legal Practice and Lawyers
Encouraging More Solicitors to Become Judges
DCA Press Release
12 July 2006
A five-point plan to encourage more solicitors to apply for
judicial office was launched by the Department for Constitutional
Affairs (DCA) Minister responsible for judicial diversity, Harriet
Harman, today. The initiative is supported by the Judicial
Appointments Commission (JAC) and the Law Society.
Doing Law Differently
Bar Council Chairman Report
July 2006
The success of any justice system depends not only on an
appropriate balance between the interests of the community at
large against those of the individual but also on adequate
finances. Doing Law Differently fails to address these points,
says Stephen Hockman QC
Solicitors' Race Equality Awards: Entrants Sought
Law Society Press Release / Scheme
4 July 2006
Law firms and legal departments, striving to promote equality and
diversity, are encouraged to enter the 2006 Solicitors' Race
Equality Awards. The prizes will be jointly awarded by the Law
Society and the Commission for Racial Equality following on from
the success of the inaugural competition last year.
Magistrates Are A Boon to the Workplace - Lord Falconer
DCA Press Release
28 June 2006
Lord Falconer will tell tonight's conference, at the Institute of
Directors, that all magistrates receive high quality training in
decision making and other vital skills. These skills are
transferred to their company, adding value to their day-to-day
jobs and directly benefiting their employers.
Right Location for the Office for Legal Complaints
Law Society Press Release
26 June 2006
Responding to the government's announcement today on the location
for the Office for Legal Complaints (OLC), Kevin Martin, Law
Society president, said: "We are pleased that the government has
said that its preferred location for the OLC is in the West
Midlands. This will allow the OLC to draw on the experience and
expertise of most of our excellent staff in the Consumer
Complaints Service. Having improved complaints handling
significantly in recent years, we believe this is a sensible
decision in line with what we have been arguing, which is in the
interests of consumers."
Law Society Emphasises Concerns About
Heavy-handed Legal Services Board
Law Society Press Release
20 June 2006
Giving unnecessary, far-reaching and expensive powers to the Legal
Services Board could damage the effectiveness of the legal
profession, MPs have been told.
Separate Powers for Regulation and Representation
Sides of Law Society
Law Society Press Release
19 June 2006
Clear criteria for the separation of regulatory and representative
responsibilities within the Law Society are called for in evidence
given today to the Parliamentary committee considering the draft
Legal Services Bill.
Litigation, Courts and Human Rights
Misrepresentation as to Ownership by Non-Disclosure - Actionable
Advanced Industrial Technology Corporation Ltd v Bond Street
Jewellers Ltd and another
CA
4 July 2006
BAILII Judgment
Case about necklace for £80,000 by person who did not own it - a
false representation created by non-disclosure can be sued upon.
Human Rights - Hunting Ban
R (Countryside Alliance and others) v Attorney General and
another;
R (Derwin and others) v Same;
R (Friend and another) v Same [2006] EWCA Civ 817
CA
23 June 2006
Daily Law Notes Report Summary
In banning the hunting with dogs of wild mammals in the Hunting
Act 2004 Parliament intended to prevent or reduce suffering to
animals because causing suffering to animals for sport was wrong.
The aim of the Act was legitimate, the ban was proportionate to
that aim and a legitimate exercise of public policy, and the state
was acting within its discretion in prohibiting hunting.
Breach of Freezing Orders By Bank - Does Bank Pay
Compensation For Losses Suffered?
Customs and Excise Commissioners v Barclays Bank plc [2006] UKHL
28
HL
21 June 2006
Daily Law Notes Report Summary
House of Lords Judgment
A bank notified by a claimant of freezing injunctions obtained in respect
of its customers' accounts, did not owe the claimant a
duty of care when it failed to prevent payment out of the accounts
in breach of the injunctions.
Markets - Covent Garden versus Smithfields
R (Corporation of London) v Secretary of State for
the Environment, Food and Rural Affairs and another
[2006] UKHL 30
HL
21 June 2006
Daily Law Notes Report Summary
House of Lords Judgment
The Corporation of London was not entitled to judicial review of a
grant of consent by the Secretary of State for the Environment,
Food and Rural Affairs, pursuant to s 18(1)(f) of the Covent
Garden Market Act 1961, to the Covent Garden Market Authority
("CGMA") permitting face to face trading in meat and fish at New
Covent Garden Market. However, if, in reliance on that consent, an
actionable interference with the market rights of Smithfield and
Billingsgate Markets occurred the Corporation of London could
obtain a remedy in tort.
Money, Property and Tax
Housing Benefit - Providing Wife's NI Number
Secretary of State for Work and Pensions v Wilson [2006]
EWCA Civ 882
CA
29 June 2006
Daily Law Notes Report Summary
Where a claim for housing benefit was made by one member of a
couple who were cohabiting, benefit was also claimed "in respect
of" the claimant's partner and the claimant therefore had to
provide information about the partner's national insurance number
in order to satisfy the condition of entitlement in s1of the
Social Security Administration Act 1992, as inserted.
Personal Injury
Free Legal Advice From Solicitors Improving Bombing Victims' Lives
Law Society Press Release
6 July 2006
One year after the London bombings, 122 people affected have now
received free legal advice. The Law Society set up a dedicated
telephone helpline immediately after the bombings to direct the
victims and their families to free legal advice. One hundred and
seventy calls have been made to the London Bombings Legal Helpline
following the atrocities in the capital on 7 July last year.
Government to Act on Mesothelioma Claims
DCA Press Release
20 June 2006
I intend to bring forward an amendment to the Compensation Bill to
provide that in these cases negligent employers should be jointly
and severally liable, so that the claimant can recover full
compensation from any relevant employer. It would then be open to
that employer to seek a contribution to the damages awarded from
other negligent employers.
Cases Generally
lawindexpro - As Good As Ever
Now with 107,847 cases indexed (over 170 added in three
weeks) and over 245,728 references.
Over 44 cases listed in the past week. Go to the Recent Cases
page to see for yourself. Fuller summaries follow soon.
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/.
Space Corps Section
Do you remember those comics? Trips into space?
Well now it is reality:
http://www.nasa.gov/mission_pages/station/main/index.html
http://www.nasa.gov/mission_pages/shuttle/main/index.html
OH! What Lovely Law!
A Short History of Law and Legal Systems
1850 BC: The Earliest Known Legal Decision
A clay tablet reveals the case, in 1850BC, of the murder of a
temple employee by three men. The victim's wife knew of the murder
but remained silent. Eventually, the crime came to light and the
men and woman were charged with murder. Nine witnesses testified
against the men and woman and asked for the death penalty for all
four. But the wife had two witnesses which told the court that she
had been abused by her husband, that she was not part of the
murder and that she was even worse off after her husband's death.
The men were executed in front of the victim's house but the woman
was spared.
Legal Practitioner
More good stuff from LEGAL PRACTITIONER Consilio Magazine,
edited by Norman Baird and Mike Semple Piggot
Litigation Review
by Dr John Birchall
In a claim for economic loss, what is the correct test to decide whether
the defendant owed a duty of care to the claimant? The case of third
parties served with freezing orders.
http://www.spr-consilio.com/art138.htm
Vexatious Litigants & Access to Justice: Past, Present, Future
Speech by Rt Hon Sir Anthony Clarke, Master of the Rolls
Accessed via Consilio
30 June 2006
http://www.judiciary.gov.uk/publications_media/speeches/2006/sp300606.htm
It gives me great pleasure to give this, the first of the keynote
speeches today. Before doing so I owe perhaps a few words
of explanation as to the title. It is sometimes said that
restrictions placed on a vexatious litigant's ability to issue
and continue with proceedings infringe that individual's right
of access to justice. In this paper I argue that such restrictions
do not conflict with that right. They may restrict access to justice
but they do not infringe the right of access to justice. Any conflict
between the right of access and the restriction placed upon it in this
context is more apparent than real. In what follows I intend to outline
my reasons for holding this view.
When you've read our newswire, let us know what you think:
mailto:smb@e-solicitors.co.uk
Any feedback is welcome, positive or not - we do listen and learn.
Regards
Steve
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