Newswire 109

By Steve Butler and Joe Reevy
Number 109
9 October 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 partly because I have been busier than expected,
again and mostly because there was less than expected to report.

The next wire will be on Thursday, 19 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.)
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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 16
9 October 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 5 October 2006.

The Leading Question

Crime Won't Pay?
I have received almost as many emails about the criminal means
test this week as the spam I receive about keeping my wife happy.
It is the subject of the week, prompting letters in "The Times"
from magistrates to QC's.

It is going to cause chaos if the solicitors in the South West
manage to maintain and even spread their boycott of completing the
new means test form. The £75 is not enough because it turns out
it forms part of the overall LA payment and the conditions for
earning it are amazing complex. As has been pointed out the old
means test was abandoned because it cost more to run the system
than was saved in legal aid contributions. At least back in the
old days the system was run by the courts on a local basis and the
decision about legal aid could be taken immediately when needed.
Now the decision is made by faceless people away from the action.

There is no point in using a means test which is impractical.
It's a nice idea in theory after all some very rich people are
accused of crimes and do not need legal aid because they can
afford a lawyer. But if a defendant is found guilty he can be
made to pay afterwards as part of the punishment and if he is
acquitted he should not have to pay anyway.

There are also human rights issues which I have not seen addressed
anywhere. Many who fail the means test will still need help with
their representation and most people in modest employment will not
be able to afford the thousands which a properly paid lawyer will
want to charge for the work they do.
So what is going to happen? Who will win? Will lawyers stick
together and manage to defeat this process? Or will the LSC
manage to bulldoze all objections like they usually do?

There is more at stake here than a criminal legal aid means test.
If the criminal lawyers manage to win this one, then the family
lawyers might decide to do something similar in opposition to the
new rates of pay for family work, especially in care work where
parties have to be represented whatever their means. A boycott
there would cause chaos too.

Isn't it time that legal aid started to pay? Isn't it time that
lawyers do in their own interests what they do for their clients
so well - stick up for what is right?

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

Criminal Means Test Feature
Criminal Legal Aid
Changes End Wealthy Defendants Receiving Legal Aid
DCA Press Release
2 October 2006
Today sees the introduction of new rules that will stop wealthy
defendants using public money to pay for their defence costs in
criminal cases, when they can afford to pay for it themselves.
LSC Updated Information - Lawyers to be paid for filling in
forms
Self Assessment - Legal Practitioners' Means Calculator
Focus CDS Newsletter
http:/www.uklawyers.co.uk/cms/section/meanstest.html

Postage Size Templates Feature
The new postage rates (Pricing in Proportion) looks like a home
goal for the Post Office. The rates seem to me to be working out
slightly cheaper than the old ones for the post I send. And
Hayes DX is using the complexity of the scheme as a means of
trying to boost their market share. The rubbish cardboard
template the Post Office sent us is bendy and weak and already
showing signs of wear.
Here are some alternatives:
Mail Postage Template Proportion Postal Sizing Ruler RM £1.99
Larger Mail Postage Template Proportion Postal Sizing Ruler £4.99
http:/www.uklawyers.co.uk/cms/section/pipfeat.html

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CPD and Courses

The Bar Conference 2006
Saturday 4th November 2006
Royal Lancaster Hotel
Lancaster Terrace
London W2 2ty
A: Introduction
B: Programme Of Events
C: General Information - Venue, Exhibition, CPD
D: How To Register
For all enquiries about the Bar Conference please contact:
Judy Lane Consulting (JLC)
Conference Office
P O Box 5098
Broadstone
BH18 9WG
Tel: 01202 699 488
E-Mail: jlcoffice@btinternet.com
6 CPD HOURS AVAILABLE TO ALL WHO ATTEND

Site of the Week - Age Discrimination
Legislation which was never debated by Parliament but nodded
through as a result of EU Regulations imposed on us all:
http:/www.uklawyers.co.uk/cms/section/agedisc.html

PRACTICAL CASES AND MATERIALS
Crime and Punishment
Bar Leader Welcomes Attorney General's Move on Intercept Evidence
Bar Council Press Release
21 September 2006
http:/www.uklawyers.co.uk/cms/catsection/phonetapbar.html

Employment and Discrimination
The following material is provided courtesy of Daniel Barnett, with our thanks:
I'm delighted to let you know about two further seminars I'm
speaking at next week: one for Londoners, one for the world!
11th October 2006, 6.30pm
Absence and the Contract of Employment
12th October 2006
Live internet video seminar
Participate from your desk
Fraudulent and Exaggerated Claims
Speakers: Daniel Barnett, Tim Kevan, Dr David Gill
http:/danielbarnett.c.topica.com/maafdukabtJgycfLnqtb/
Equal Pay
3 October 2006
The ECJ has, today, handed down its decision in Cadman v Health &
Safety Executive (see bulletin 18/10/04 for more information on
the reference to the ECJ).

It's all happening Sunday.
Age Discrimination
New rights for mums
Gangmasters
Minimum Wage
Collective Redundancies
http:/www.uklawyers.co.uk/cms/catsection/dboct05.html

Age Discrimination in the Workplace Outlawed
DTI Press Release
1 October 2006
Lord Hunt Defends New Age Discrimination Act
DWP Press Release
3 October 2006
http:/www.uklawyers.co.uk/cms/catsection/agediscends.html

Land and Environment
Compulsory Purchase Order -"Under-used Or Ineffectively Used"
Pascoe v First Secretary of State [2006] EWHC 2356 (Admin)
QBD
27 September 2006
AND see Lawindexpro summary below
http:/www.uklawyers.co.uk/cms/catsection/cpoloss.html

Payments of Stamp Duty Land Tax
HMRC Information
26 September 2006
http:/www.uklawyers.co.uk/cms/catsection/sdltprobs.html

Government Fails to Deliver Independent Hips Dry Run
Law Society Press Release
21 September 2006
http:/www.uklawyers.co.uk/cms/catsection/hiprunduff.html

Legal Practice and Lawyers
Law Society Rewards Race Equality Success
Law Society Press Release
30 September 2006
http:/www.uklawyers.co.uk/cms/catsection/lsraceequawd.html

Partner Performance Systems Needed Immediately
Law Society Press Release
28 September 2006
http:/www.uklawyers.co.uk/cms/catsection/agedparts.html

Risk of Serious Disruption to Legal Aid Services
Law Society Press Release
26 September 2006
http:/www.uklawyers.co.uk/cms/catsection/crimlawyersdie.html

Bar Disappointed At Ministers' Failure to Heed
Joint Committee Report on Legal Services Bill
Bar Council Press Release
25 September 2006
See also:
Chairman's Statement:
http:/www.uklawyers.co.uk/cms/catsection/barcouncillashes.html

Independent Review of Bar Complaints Launched
Bar Council Press Release
18 September 2006
http:/www.uklawyers.co.uk/cms/catsection/barcomps.html

Litigation, Courts and Human Rights
Bradford County Court Pilots Anti Social Behaviour Scheme
DCA Press Release
2 October 2006
http:/www.uklawyers.co.uk/cms/catsection/ASBOschemepilot.html

Money, Property and Tax
Inheritance Tax - Scotland and E&W
HMRC Information
Scotland and England & Wales
New forms for excepted estates:
http:/www.uklawyers.co.uk/cms/catsection/newihtforms.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 Land
Pascoe -v- First Secretary of State and others
[2006] EWHC 2356 (Admin)
QBD
27 September 2006
http:/www.uklawyers.co.uk/cms/catsection/cpoloss.html

Employment
Royle -v- Greater Manchester Police Authority
[2006] UKEAT 0527_05_2709
EAT
27 September 2006
http:/www.uklawyers.co.uk/cms/catsection/roylelip.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/.

Walking Equipment Section
Walking Equipment
Advice from the Ramblers Association about the equipment you need
to walk sensibly:
http:/www.uklawyers.co.uk/cms/section/walkgear.html

Oh What Lovely Law!
The History of Law
600 BC: Lycurgus' Law
http:/www.uklawyers.co.uk/cms/section/law600bc.html

Legal Practitioner
Take a look at these materials from the Consilio newsletter
edited by Norman Baird and Mike Semple Piggott.
Litigation Review - Employment
By Dr John Birchall
http:/www.uklawyers.co.uk/cms/section/sprempreview.html

Consilio is multimedia. Test drive the recorded Tort lectures:
15 minute extracts from Lecture 1
http:/www.uklawyers.co.uk/cms/catsection/sprtortlect.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
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