Newswire 110

By Steve Butler and Joe Reevy
Number 110
20 October 2006

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This issue is late because I have been busier than expected
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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 17
20 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.

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

Contents

The Leading Question - Blame the Judges for Control Orders?
Government Sites Feature
The Statute Law Database Feature
Site Of The Week - Street Map Wiki
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Country Cottages Section
Oh! What Lovely Law!
Legal Practitioner

The Leading Question

Blame the Judges for Control Orders?
Two of those terror suspects subjected to control orders are on
the run, one of them for weeks without anyone being told and one
for two weeks since he escaped from a mental institution. Whose
fault is this? Ask Tony Blair - the judges are to blame for "We,
of course, wanted far tougher laws against terrorism. We were
prevented by opposition in parliament and then by the courts in
ensuring that was done" he said at a news conference on Tuesday.

Here is the Liberty Press Release about the subject:
"This confirms our worst fears about the farce that is the
control orders regime; they are both unsafe and fundamentally
unfair. If someone is truly a dangerous terrorist suspect why
would you leave them at large?

On the other hand it is completely cruel and unfair to label
someone a terrorist and to subject them to a range of punishments
for years on end without ever charging them or putting them on
trial."

Liberty argues quite rightly that there are now so many offences
relating to suspected terrorist acts that it is almost
unthinkable that it would be impossible to charge these suspects
with something. They should be charged and the evidence against
them tested. If they are guilty sentence them accordingly, if
they are innocent let them go.

Lets look at it from the point of view of the person under one of
these control orders. If you are a terrorist and we have been
lucky enough to catch you (although we can't prove it and so
can't be sure) it must be a golden opportunity to cause trouble
in itself. Like the soldiers captured by the enemy in World War
II you would almost feel that you had a duty to escape or at
least tie up valuable resources in trying to do so. Then when
you do escape it is an act of terrorism in itself, causing fear
and horror in the minds of innocent people, way beyond what is
actually justified. And then if you are caught you plead
innocence again, or mental illness, and the whole palaver can
start again. Except you are unlikely to be caught because the
government will not even admit you have escaped and nobody knows
to look for you. If you get back to your terrorist base you are
a hero, get a promotion and get on with the task of causing even
more terror.

If you are not a terrorist, but are innocent of the allegations
against you (if you are lucky enough to know what they are in any
detail) then it must be utterly demoralising and it is not
surprising if you suffer mental health problems. If you don't do
so, the authorities probably take it to be evidence that you are
guilty. It is a sort of ducking stool mentality - if you are
innocent you die when you are ducked but if you survive you are
guilty and are the drowned deliberately anyway.

So control orders are wrong in principle and practice. Surely
therefore it is unfair to blame the judges, or anyone else for
that matter?

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

Government Sites Feature
There must have been an EU directive about governments updating
their sites!:
New address for the Europa site . . .
and the UK Parliament site has changed . . .
http:/www.uklawyers.co.uk/cms/section/govsitesfeat.html

Statute Law Database Feature
The Statute Law Database - finally a reality . . ?
http:/www.uklawyers.co.uk/cms/section/statbasefeat.html

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CPD and Courses

http:/www.sourcethecourse.co.uk
formerly LTML.co.uk
Self explanatory really - give them a try.

Site of the Week - Street Map Wiki
Street Map Wiki
Draw your own maps for the benefit of everyone . .
http:/www.uklawyers.co.uk/cms/section/mapwiki.html

PRACTICAL CASES AND MATERIALS

Commercial and Contract
Ryanair to Give Fairer Contract Terms
Office of Fair Trading Press Release
18 October 2006
Ryanair has agreed to change its contract terms . .
http:/www.uklawyers.co.uk/cms/catsection/ryanterms.html

Crime and Punishment
New Changes to Criminal Legal Scheme
18 October 2006
The Legal Services Commission has issued new policy advice . .
http:/www.uklawyers.co.uk/cms/catsection/lscchan.html

Government Announces Way Forward on Drugs
Home Office Press Release
13 October 2006
The Government has moved to reclassify . . .
http:/www.uklawyers.co.uk/cms/catsection/crysmeth.html

Government Trying to Stop Defendants
Selecting Their Own Solicitor
Law Society Press Release
9 October 2006
The Law Society is demanding that the government drop . . .
http:/www.uklawyers.co.uk/cms/catsection/defschoice.html

Improved Support for Victims of Sexual Violence
Home Office Press Release
5 October 2006
A new network of expert advisors to give victims of . . .
http:/www.uklawyers.co.uk/cms/catsection/svioladvice.html

Employment and Discrimination
The following material is provided courtesy of Daniel Barnett, with
our thanks:
Statutory Disciplinary / Grievance Procedures
16 October 2006
The EAT has handed down a decision dealing with two points . .
London Borough of Lambeth v Corlett

Update: High Court Challenge to Age Regulations
5 October 2006
As reported in my bulletin of 4/7/06, Heyday . .

Enhanced Redundancy Payments
5 October 2006
The Court of Appeal has, today, handed down judgment in Keeley v
Fosroc International Ltd. . .

Strike Outs
4 October 2006
The EAT has handed down an interesting and practical . . .
Premium Care Homes v Osborne
http:/www.uklawyers.co.uk/cms/catsection/dboct20.html

Pay Differences Based on Length of Service Possible
Cadman v Health and Safety Executive (Equal Opportunities
Commission, intervener) (Case C-17/05)
ECJ
3 October 2006
Daily Law Notes Summary
Employers were as a rule entitled to pay workers doing work . .
http:/www.uklawyers.co.uk/cms/catsection/agedpay.html

Government and Discrimination Against Foreign
Guantanamo Bay "Residents"
R (Al Rawi and others) v Secretary of State for Foreign and
Commonwealth Affairs and Secretary of State for the Home
Department (United Nations High Commissioner for Refugees
intervening)
[2006] EWCA Civ 1279
CA
12 October 2006
Daily Law Notes Summary
The court would not order the Foreign Secretary to make . .
http:/www.uklawyers.co.uk/cms/catsection/guantanawin.html

ICRE Cases
Employment Tribunal - Interests of Justice Test for Reviews
D & H Travel Ltd v Foster
EAT
2 August 2006
Daily Law Notes Summary
Tribunal refused claim by respondent to ex discrimination . . .
http:/www.uklawyers.co.uk/cms/catsection/eatreview.html

Disability Discrimination - Sick Pay Rules Not Actionable
O'Hanlon v Revenue and Customs Comrs
EAT
4 August 2006
Daily Law Notes Summary
Considering reasonableness of steps taken to assist disabled . .
http:/www.uklawyers.co.uk/cms/catsection/sickpaydis.html

Unfair Dismissal for Refusing to Accept New
Non-Competition Clauses
Willow Oak Developments Ltd (trading as Windsor Recruitment) v
Silverwood: [2006] EWCA Civ 660
CA
25 May 2006
Daily Law Notes Summary
New widely drawn covenants restricting their business . .
http:/www.uklawyers.co.uk/cms/catsection/channoncomp.html

Family
Separating From Cohabitation: Making Arrangements
for Finances and Parenting
DCA Report
9 October 2006
This report presents findings from an in-depth study . . .
http:/www.uklawyers.co.uk/cms/catsection/cohabstudy.html

General
DPTAC Welcomes New Inspection Powers to Cut Blue Badge Abuse
Department for Transport Press Release
11 October 2006
The Disabled Persons Transport Advisory Committee (DPTAC)
welcomes new powers . . .
http:/www.uklawyers.co.uk/cms/catsection/disdrivers.html

Merchant Ship Can Be War Grave
R (Fogg and another) v Secretary of State for Defence [2006] EWCA
Civ 1270
CA
5 October 2006
Daily Law Notes Summary
Whether a vessel sank "in service with" any of the armed . . .
http:/www.uklawyers.co.uk/cms/catsection/wargrave.html

Government
Freedom of Information: 'A Significant Success'
DCA Press Release
16 October 2006
The Government today set out its commitment to build on . . .
http:/www.uklawyers.co.uk/cms/catsection/foicosts.html

Combating Illegal Immigration At Centre of ID Card Plans
Home Office Press Release
9 October 2006
Key milestones for combating illegal immigration through .
http:/www.uklawyers.co.uk/cms/catsection/idmove.html

No Claim Following Government's Negligence
Neil Martin Ltd v Revenue and Customs Commissioners [2006] EWHC
2425 (Ch)
Chancery Division
29 September 2006
Daily Law Notes Summary
A sub-contractor who had suffered economic loss . . .
http:/www.uklawyers.co.uk/cms/catsection/hmrcneg.html

Legal Practice and Lawyers
Queen's Counsel Honoris Causa in England & Wales, 2006
DCA Press Release
13 October 2006
Her Majesty The Queen has approved the appointment of six . . .
http:/www.uklawyers.co.uk/cms/catsection/honqcs.html

Bar Council Issues Response to Carter Consultation
on Legal Aid Procurement
Bar Council Press Release
13 October 2006
The Bar Council submitted its response to the consultation . . .
http:/www.uklawyers.co.uk/cms/catsection/barcouncilcarterresp.html

Law Society Conference Speeches
13 October 2006
Fiona Woolf's keynote address
Desmond Hudson's speech
Lord Falconer's Speech
http:/www.uklawyers.co.uk/cms/catsection/lsoccon.html

What's Top Priority for You?
Law Society Survey
11 October 2006
Representation and regulation of solicitors . . .
Complete our online survey . . .
http:/www.uklawyers.co.uk/cms/catsection/lssurvey.html

Solicitors Unite to Fight for the Future of Legal Aid
Law Society Press Release
10 October 2006
Legal aid practitioner associations have joined . . .
Support the Law Society campaign . .
http:/www.uklawyers.co.uk/cms/catsection/lsladef.html

Meanwhile Vera Bird Continues Her Campaign Against It
Speech by Parliamentary Under-Secretary of State for
Constitutional Affairs, Vera Baird QC MP, at the Advice Service
Alliance's Policy Advisory Group
10 October 2006
I want to assure you all . . .
http:/www.uklawyers.co.uk/cms/catsection/lsvbirdla.html

Litigation, Courts and Human Rights
Court of Appeal and Arbitration Appeals
CGU International Insurance plc and others v AstraZeneca
Insurance Co Ltd [2006] EWCA Civ 1340
CA
16 October 2006
Daily Law Notes Summary
The Court of Appeal had a residual jurisdiction to . .
http:/www.uklawyers.co.uk/cms/catsection/caarbjur.html

Spread Betting Company Loses Big Time
Charter plc and another v City Index Ltd (David Gawler and
others,
Pt 20 defendants
Chancery Division
13 October 2006
Daily Law Notes Summary
A claim for knowing receipt of funds transferred in breach . . .
http:/www.uklawyers.co.uk/cms/catsection/spreadbetloss.html

A Guide to the Human Rights Act 1998
DCA Publication
10 October 2006
This detailed guide, updated in October 2006, . . .
http:/www.uklawyers.co.uk/cms/catsection/casestat.html

Defamation of Company In Clear Public Interest Cases
Jameel and another v Wall Street Journal Europe Sprl
[2006] UKHL 44
11 October 2006
Daily Law Notes Summary
Publishers of an article of clear public interest were . . .
http:/www.uklawyers.co.uk/cms/catsection/compdefcase.html

Law Society Protecting Privacy of Thousands of
Solicitors' Clients
Law Society Press Release
5 October 2006
In a case brought by the Law Society, the High Court today . . .
http:/www.uklawyers.co.uk/cms/catsection/lsrulechangefight.html

CPR Update 42
6 October 2006
42nd Update - The 42nd Update to the Civil Procedure Rules . . .
http:/www.uklawyers.co.uk/cms/section/cpr42.html

Money, Property and Tax
Plans Set to Give Consumers A Stronger Voice
Department of Trade and Industry Press Release
17 October 2006
Consumer Minister Ian McCartney has announced plans . . .
http:/www.uklawyers.co.uk/cms/catsection/newdog.html

Insurers Lose Claim Against Administrators
Freakley and others v Centre Reinsurance International Co and
others
HL
11 October 2006
Daily Law Notes Summary
Claims-handling expenses incurred on the instructions . . .
http:/www.uklawyers.co.uk/cms/catsection/adminclaimcost.html

Killer Cannot Claim Pension Of Spouse S/He Killed
Glover v Staffordshire Police Authority
QBD
5 October 2006
Daily Law Notes Summary
The common law rule of forfeiture, as now enunciated in s 1 . .
http:/www.uklawyers.co.uk/cms/catsection/killerpens.html

Personal Injury
Disputing Whiplash at Low Speeds
Casey v Cartwright [2006] EWCA Civ 1280
CA
5 October 2006
Daily Law Notes Summary
Where a defendant sought to challenge a claim of whiplash . . .
http:/www.uklawyers.co.uk/cms/catsection/expertwhip.html

Cases Generally
Image:
http:/www.lawindexpro.co.uk/g/f12.png
lawindexpro - As Good As Ever
Now with 109,689 cases indexed (almost 170 added in less than
two weeks) and over 250,468 references.
Try these for size:
Administrative
Human Rights
Al Rawi and Others, Regina (on the Application of) -v- Secretary
of State for Foreign & Commonwealth Affairs and Another
[2006] EWCA Civ 1279
CA
12 October 2006
The claimants sought that the defendant should issue . . .
http:/www.uklawyers.co.uk/cms/catsection/guanloss.html

Criminal Sentencing
Regina -v- Jan [2006] EWCA Crim 2314
CACD
12 October 2006
After his conviction for causing a public nuisance, and for
arson, the defendant was sentenced to life imprisonment. The
judge applied the section to decline to set a minimum tariff.
http:/www.uklawyers.co.uk/cms/catsection/mintariff.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/.

Cottage Holidays Section
Good time of year to book short breaks. Easy booking systems,
virtual tours, brochure ordering:
http:/www.uklawyers.co.uk/cms/section/cottholsec.html

Oh What Lovely Law!
The History of Law
550 BC: Solon's Laws
Solon was an Athenian statesman and lawmaker . . .
http:/www.uklawyers.co.uk/cms/section/law550bc.html

Legal Practitioner
Take a look at these recorded materials from the Consilio
newsletter edited by Norman Baird and Mike Semple Piggott.
Anti Social Behaviour Orders
http:/www.uklawyers.co.uk/cms/catsection/asborecord.html

European Union
Principles of EC law. To listen to this short overview. . .
http:/www.uklawyers.co.uk/cms/section/eulawsound.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
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