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Newswire 108

 
By Steve Butler and Joe Reevy
Number 108
28 September 2006

Keep your eye on the site for constant updates.  This version of
the newswire is more directly linked to the website.

To see how good a resource this is becoming go to look at the
hundreds of articles at:
http:/www.uklawyers.co.uk/cms/category/legaltopics
 
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,
again and there was less than expected to report.

The next wire will be on Thursday, 6 October 2006.


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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 . . . . .>>>>
 
========================================
Legal Newswires on the Run
By Steve Butler and Joe Reevy
Number 15
28 September 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 26 September 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 107
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 - Advertising - The Firm with No Name?
Adverse Possession Feature
Licensing Law Feature
Site Of The Week - Top Gear
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Autumn Food Section
Oh!  What Lovely Law!
Legal Practitioner
 

The Leading Question

Advertising - the Firm With No Name

"The Phone Book" arrived at my door this week, fresh and crisp in
its plastic bag.  As always, I sought light relief in looking
through the Solicitors classified section, full of large
colourful and expensive adverts for all types of solicitors and
other lawyers.  I am not convinced about the effectiveness of the
big ads.  As I was leafing thorough the pages, one quarter page
advert caught my eye.  "Expert Specialist" it was headed in full
colour.  It gave phone numbers and addresses but there was one
thing missing - there was no name.  

Was this a fault by BT or by the advertiser?  Should BT have
spotted that the name was missing or was it the responsibility of
the advertiser to spot the error at proof stage?  A nice juicy
legal problem.  Fun for all the lawyers (except the unfortunate
victim of the mistake) and with compensation no doubt limited in
some way by the terms and conditions.  Wearing my journalist's
hat I phoned them and they were horrified to hear of the mistake
and went away to look into it.

I do not bother to put any ad in "The Phone Book" because the
relatively new classified section has not yet got the kudos of
Yellow Pages, although this might develop with time. This year I
was pleased that I hadn't because BT have come up with a very
sensible new feature to the classified section.  All the lineage
ads, currently in alphabetical order hidden amongst all the big
glossy adverts in Yellow Pages, are listed individually at the
start of the section.  This means that it is as easy as pie for
existing clients to find me because they do not have to sort
through the pages of colourful piffle to find my phone number and
address.  This reduces the usefulness of the big ads which will
no longer be searched through by clients simply seeking details
of their existing solicitors.  

Those seeking new solicitors will be able to find them in their
locality at a glance using the lineage list but will also no
doubt turn through the bigger adverts for inspiration.  But when
all the ads look alike, what is it that makes a client choose a
firm?  The solicitors profession boldly tries to answer this
question with their directory advertising.  This results in the
Solicitors section being the biggest in The Phone Book for glossy
adverts (18 pages) comparing in size only with such pillars of
society as car insurance sales (17 pages) and double glazing
services (11 pages).

Surely the fact that every other profession and business does
less flashy advertising than we do must mean that we have got it
wrong?

All the links here are to the UKLawyers site.  When you get there,
have a good look round.  In each news story there should be a list
of connected stories.  There is an archive divided by subject
matter going back to April.  This is definitely growing into a
useful resource and the Google search on the front page searches
the site for information so that you should be able to find
everything you need.  Let me know if you have any problems on the
site.

Greetings to the new subscribers - please encourage as many people
as possible to subscribe because the more people I help the
happier I will be.

Regards
Steve Butler
Solicitor
Newswire Editor
mailto:smb@e-solicitors.co.uk

 
Adverse Possession Feature
"Times up for 12 Year Adverse Possession Claims"
Timely reminder from Cobbetts
and Land Registry documents
http:/www.uklawyers.co.uk/cms/catsection/adpossfeat.html


Licensing Law Feature
Licensing Law - Constantly Changing Even Less Than One Year On
http:/www.uklawyers.co.uk/cms/catsection/liclaw2006.html


Words4Business
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CPD and Courses
Management training is going to be popular as the rules change
requiring supervisors to have at least 12 hours training.  Altior
provide some courses, and have many years of experience in doing
so:
http:/www.altior.co.uk

Try some of these:
Law Society Professional Skills Course
Qualified Lawyers Transfer Test (QLTT)
Law Society Management Course Stage 1
Senior Management & Partnership Courses
Other Management, Marketing & Skills Courses

Search the site for brochures and online booking systems.

Site of the Week - Top Gear
Having just finished a case involving a client who suffered brain
injury in a car accident, the accident involving Richard Hammond
struck a chord.
http:/www.uklawyers.co.uk/cms/section/topgearsow.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
Competition Commission Welcomes CAT Backing
Competition Commission Press Release
25 September 2006
http:/www.uklawyers.co.uk/cms/catsection/stopmerger.html
 
Corporation Tax Ruling
Cadbury Schweppes plc and another v Commissioners of Inland
Revenue (Case C-196/04)
ECJ
12 September 2006
http:/www.uklawyers.co.uk/cms/catsection/taxbatt.html

Crime and Punishment
New Child Restraints Required
Government site
18 September 2006
This link has a leaflet and 32 FAQ's.
http:/www.uklawyers.co.uk/cms/catsection/childseats.html

Private Prosecutions Should Be Allowed
R (Charlson) v Guildford Magistrates’ Court & others
QBD
11 September 2006
http:/www.uklawyers.co.uk/cms/catsection/pripros.html

Vacating Guilty Pleas
Revitt and Others v Director of Public Prosecutions [2006] EWHC
2266 (Admin)
Divisional Court
8 September 2006
http:/www.uklawyers.co.uk/cms/catsection/guiltplea.html

Extradition Process to be Fair
R (Government of the United States of America) v Bow Street
Magistrates’ Court; R (Central Examining Court, Criminal Court of
the National Court, Madrid) v Bow Street Magistrates’ Court
[2006] EWHC 2256 (Admin)
Divisional Court
6 September 2006
http:/www.uklawyers.co.uk/cms/catsection/fairextrad.html

Parole Board Excluding Prisoner from Hearing
R (Gardner) v Parole Board [2006] EWCA Civ 1222
CA
5 September 2006
http:/www.uklawyers.co.uk/cms/catsection/parboard.html

The Police (Minimum Age for Appointment) Regulations 2006
Coming into force 19 September 2006
http:/www.uklawyers.co.uk/cms/catsection/youngpolice.html

Employment and Discrimination
The following material is provided courtesy of Daniel Barnett,
with our thanks:
'Reasons' Appeals
21 September 2006

Statutory Dismissal Procedure
8 September 2006

Amending Claim Forms to Add Newly Accrued Claims
8 September 2006
http:/www.uklawyers.co.uk/cms/catsection/dbsep27.html

ICRE Cases
Employers Response - No Power Re-serve,
Even if not Received Papers
Bone v Fabcon Projects Ltd
EAT
7 July 2006
http:/www.uklawyers.co.uk/cms/catsection/noreserve.html

Procedural Unfairness
Taylor v OCS Group Ltd: [2006] EWCA Civ 702
CA
31 May 2006
http:/www.uklawyers.co.uk/cms/catsection/deafemp.html

Bias
Ansar v Lloyd's TSB Bank plc
EAT
14 July 2006
http:/www.uklawyers.co.uk/cms/catsection/notrecuse.html

Burden of Proof
Laing v Manchester City Council
EAT
28 July 2006
http:/www.uklawyers.co.uk/cms/catsection/raceburden.html

Government Information
Additional Two-months for Pension Schemes to
Adjust to Age-discrimination Rules
Department for Work And Pensions Press Release
8 September 2006
http:/www.uklawyers.co.uk/cms/catsection/agepens.html

The National Minimum Wage Regulations 1999
(Amendment) Regulations 2006
Coming into force 1 October 2006
http:/www.uklawyers.co.uk/cms/catsection/minwageup.html

Family
Children to Benefit From New Family Disclosure Protocol
DCA Press Release
13 September 2006
http:/www.uklawyers.co.uk/cms/catsection/childcourts.html

Practice Direction (Family Proceedings: Court Bundles)
Family Division
27 July 2006
http:/www.uklawyers.co.uk/cms/catsection/newbundles.html

Childcare Act 2006
Explanatory Notes:
http:/www.uklawyers.co.uk/cms/catsection/childcaract.html

Ancillary Relief Rules Change
The Family Proceedings (Amendment) (No. 2) Rules 2006
SI 2006/2080
http:/www.uklawyers.co.uk/cms/catsection/newancrules.html

General
School Meal Regulations
http:/www.uklawyers.co.uk/cms/catsection/foodfuss.html

International/Europe
Enforcing Order about Turkish Cyprus Land
Orams and another v Apostolides
QBD
6 September 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/cyprusland.html

Legal Practice and Lawyers
Consumer Agenda Remains Government's Central
Focus As Law Reforms Move Closer
DCA Press Release
25 September 2006
http:/www.uklawyers.co.uk/cms/catsection/lsbill.html

Practising Abroad - Language Test Unreasonable
Wilson v Ordre des avocats du barreau de Luxembourg (Case
C-506/04)
ECJ
19 September 2006
http:/www.uklawyers.co.uk/cms/catsection/lawlang.html

Judges Can Return to Legal Practice
DCA Press Release
12 September 2006
http:/www.uklawyers.co.uk/cms/catsection/judgresign.html

Supreme Court Renovation Gets the Go Ahead
DCA Press Release
8 September 2006
http:/www.uklawyers.co.uk/cms/catsection/supcourt.html

Litigation, Courts and Human Rights
Setting Judgment Aside - Incorrect Service
Nelson and another v Clearsprings (Management) Ltd
CA
22 September 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/setaside.html

270% Rise in Compensation for Victims of Oil Spills
Department for Transport Press Release
8 September 2006
http:/www.uklawyers.co.uk/cms/catsection/oilspill.html

Money, Property and Tax
Boost for Consumer Protection in Door-to-door Sales
Office of Fair Trading Press Release
11 September 2006
http:/www.uklawyers.co.uk/cms/catsection/doorprot.html

Personal Injury
Claims Management Regulation Shapes Up
DCA Press Release
http:/www.uklawyers.co.uk/cms/catsection/claimman.html

Compensation Act 2006
Explanatory Notes
http:/www.uklawyers.co.uk/cms/catsection/compactpub.html

 
Cases Generally

lawindexpro - As Good As Ever
Now with 109,408 cases indexed (almost 100 added in less than
three weeks) and over 249,792 references.

Try these for size:
Local Government Administrative Law
Lindley, Regina (on the Application of) -v- Tameside Metropolitan
Borough Council  
[2006] EWHC 2296 (Admin)
21 September 2006
http:/www.uklawyers.co.uk/cms/catsection/councilcare.html

Litigation Practice   
Nelson and Another -v- Clearsprings (Management) Ltd
[2006] EWCA Civ 1252
CA
22 September 2006
http:/www.uklawyers.co.uk/cms/catsection/setaside.html


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/.
 
 
Autumn Food Section  
Autumn Food
Good ideas for seasonal food
http:/www.uklawyers.co.uk/cms/section/mistfood.html

 
Oh What Lovely Law!
The History of Law
621 BC: Draco's Law
The origin of draconian laws.
http:/www.uklawyers.co.uk/cms/section/law621bc.html

 
Legal Practitioner
Take a look at these materials from the Consilio newsletter
edited by Norman Baird and Mike Semple Piggott.
Intellectual Property
To Patent Or Not to Patent? – That is the Question
by Christopher Hirsz
http:/www.uklawyers.co.uk/cms/catsection/patentornot.html

Family Law Litigation Review
"Estranged fathers in the family courts and the Court of Appeal:
transparency, a fair hearing, and the rules on Mackenzie
friends."
By Dr John Birchall
http:/www.uklawyers.co.uk/cms/catsection/fathersfriends.html

Any feedback is welcome, positive or not - we do listen and learn.
 
Regards
Steve
 
 
DISCLAIMER
The information and any commentary on the law contained in
this bulletin is provided free of charge for information
purposes only.  Every reasonable effort is made to make the
information and commentary accurate and up to date, but no
responsibility for its accuracy and correctness, or for any
consequences of relying on it, is assumed by Joe Reevy, Steve
Butler, or uklawyers.co.uk.  The information and commentary
does not, and is not intended to, amount to legal advice to
any person on a specific case or matter.  You are strongly
advised to obtain specific, personal advice from a lawyer
about your case or matter and not to rely on the information
or comments in this bulletin or, if you are a solicitor, you
should check the accuracy of the information yourself, or seek
advice from Counsel on a formal basis.  This Newswire may be
freely reproduced provided that appropriate accreditation is
given and so long as you do not to distribute it or any part
of it for commercial purposes.
 
 
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©  S M Butler & J Reevy 2006
 
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