Newswire 111

By Steve Butler and Joe Reevy
Number 111
12 November 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 and I
went on a course about Wills!.

The next wire will be on Thursday, 23 November 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 18
12 November 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 8 November 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 - Conflicting Interests?
Asbestos Law Feature
Eversheds Legal Briefings Feature
Site Of The Week - ICLR Site
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Old Maps Section
OH! What Lovely Law!
Legal Practitioner

The Leading Question

Dealing with Conflicting Interests?
Here are a few examples of possible conflicts of interests which
I have come across recently or which might occur.

One estate agent acting for a seller who decides to buy another
much more expensive house advertised by the same agent for
another seller. The agent encourages my client to reduce his
price to get a quick sale. There is a defect in the house my
client wants to buy but the seller refuses to reduce the price to
reflect this and the agent does not object and in fact
readvertises the defective house at an even higher price putting
pressure on my client to proceed. My client feels that he is
being encouraged to sell his house at a low price and buy the new
house at a high one. Is this a conflict of interests?

A solicitor is worried about a potential negligence claim and
tells his PI insurer which instructs other solicitors to take
over the file. The new solicitors make a mess of the file. Who
pays the bill? Is this a conflict of interests?

A client wants me to act for his house buyer but I say that my
professional rules will not allow me to act for him too. He then
instructs a licensed conveyancer because he says it is OK to act
for both sides. Is this a conflict of interests?

Two people join Halifax Legal Services and pay their £89 fee for
the first year. They are complete strangers to each other but
they have a fight in a pub, each blaming the other. They seek
advice from Halifax Legal Services - which does the organisation
advise? Do they allow either to renew their subscription next
year? Is this a conflict of interests?

The Law Society complains because the government is making the
dry-run for the Home Information Packs unrealistic and therefore
meaningless by subsidising sellers who want to partake. Then the
Law Society sells its HIP in the six areas where the trial run is
being attempted. Is this a conflict of interests?

Referral fees where the solicitor suspects that the referrer is
not making proper disclosure to the client referred about the
extent of the referral fee. Solicitors passing the full referral
fee on to the client without full explanation. Are these
conflicts of interest?

The new Practice rules 16D and 16E dealing with the question of
conflict and the duties of confidentiality and disclosure came
into effect on the 25 April 2006. Many people think they are too
lax and permit things which were previously considered to be
conflicts to take place.

The proper course of action if there is any conflict of interests
is for both sides to refuse to act and for each client to
instruct other professionals. That is a sure fire way for those
who lose the client to also lose money and so they resist this
approach and, in the case of solicitors, even encourage the Law
Society to be more lax than it used to be. In fact if all
professionals followed the strict rules properly the work would
still be passed around between other members of the same
profession. We would all get as many new clients as we lose.
Our clients would get a better service because we would do their
work without outside influences. Isn't this how to deal with
conflicts of interest?

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

Asbestos Law Feature
New Asbestos Regulations to Come Into Force
On 13 November 2006 the new Control of Asbestos Regulations
2006 will come into force. The new Regulations will consolidate
and replace the existing legislation on asbestos exposure in the UK.
For a more controversial(but to my mind more sensible) view of
the law relating to asbestos, see:
http:/www.uklawyers.co.uk/cms/catsection/asbestlaw.html

Eversheds Legal Briefings Feature
Continuing the occasional highlighting of legal information
provided by particular law firms here is some administrative law
information from Eversheds:
http:/www.uklawyers.co.uk/cms/catsection/everlafeat.html

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CPD and Courses

BPP Professional Development
http:/www.bpp.com/cpd

These people now have some free online courses:
Principles of Value Added Tax (UK Tax) - Free
Overview: This audiovisual learning module provides a refresher
of the key principles of VAT including registration and VAT
rates.
Learning outcomes: At the end of this learning module, you will
be able to understand the fundamental principles behind VAT, how
it is calculated and how it is applied in practice.
FREE

The Takeover Code (UK) - Free
Overview: This audiovisual learning module explains the main
regulations surrounding the Takeover Code.
Learning outcomes: At the end of this learning module you will
know the main regulations underpinning takeovers in the UK.
FREE

Have a go

Site of the Week - ICLR

Incorporated Council of Law Reporting
I make no apology for promoting this site again. The ICLR seems
to go from strength to strength
http:/www.uklawyers.co.uk/cms/section/iclrsotw.html

PRACTICAL CASES AND MATERIALS

Commercial and Contract
Competition Appeal Tribunal Upholds OFT Decision
in Price Fixing Case
OFT Press Release
1 November 2006
http:/www.uklawyers.co.uk/cms/catsection/catoft.html

Crime and Punishment
Imprisonment of Witnesses
R (TH) v Crown Court at Wood Green
QBD
31 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/imprisonwit.html

Grounds for Prevention Order
R v Richards [2006] EWCA Crim 2519
CA
27 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/prevorders.html

Keeping Communities Safe: Multi-agency Public
Protection Arrangements
Home Office Press Release
23 October 2006
http:/www.uklawyers.co.uk/cms/catsection/multisafe.html

Liverpool's Pioneering Community Court Comes of Age
DCA Press Release
20 October 2006
http:/www.uklawyers.co.uk/cms/catsection/commcourt.html

Sentencing - Assessing Dangerousness
Regina v Johnson
Regina v Hamilton
Regina v Lawton
Attorney General’s Reference (No 64 of 2006) (Andrew Jones)
Regina v Gordon
CA:
20 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/dangersent.html

Low Flying Strict Liability
R v Jackson [2006] EWCA Crim 2380
CA
17 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/lowflyliab.html

Employment and Discrimination
The following material is provided courtesy of Daniel Barnett,
with our thanks:
Collective Redundancies and Protective Awards
7 November 2006

Holiday Pay for Long-term Sick Workers - Off to the ECJ
3 November 2006

New from Acas - Sexual Orientation
2 November 2006

Ministers of Religion Can Claim Unfair Dismissal
27 October 2006

s98A: Partial Reversal of Polkey
19 October 2006

Claim Forms - Missing Information
18 October 2006
http:/www.uklawyers.co.uk/cms/catsection/dbnov12.html

ICRE Cases
Unless Orders Resulting In Breaking the Law
Coles v Barracks (Secretary of State for the Home Department
intervening): [2006] EWCA Civ 1041
CA
31 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/policedisc.html

Does "Sickness" Equal "Disability?"
Chacón Navas v Eurest Colectividades SA: (Case C-13/05)
ECJ
11 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/disabsick.html

Provision and Use of Work Equipment Regulations 1998
- Office Building Lift
PRP Architects v Reid: [2006] EWCA Civ 1119
CA
28 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/safelift.html

Appeal Difficulties for Police Whistle-Blowers
Lake v British Transport Police
EAT
8 September 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/policewhistle.html

Withdrawal Of Application - Can It Be Set Aside?
Khan v Heywood & Middleton Primary Care Trust
[2006] EWCA Civ 1087
CA
27 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/withdrawapp.html

Family
Children's Voices Must Be Heard in Court
DCA Press Release
30 October 2006
http:/www.uklawyers.co.uk/cms/catsection/childvoice.html

Adoption Procedure - Serving Parents
In re F(Minors)(Adoption: Natural Parents)
[2006] EWCA Civ 1345
CA
17 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/servpars.html

General
Licensing Act: Annual Fee Due
3 November 2006
http:/www.uklawyers.co.uk/cms/catsection/licencefee.html

Coventry Law Centre Has Crucial Legal Role: Minister
DCA Press Release
26 October 2006
http:/www.uklawyers.co.uk/cms/catsection/lawcentrepraise.html

MOT Fees Due to Rise to Cover Garages' Costs
Department for Transport Press Release
20 October 2006
http:/www.uklawyers.co.uk/cms/catsection/motfees.html

Agency For Underage Footballers
Proform Sports Management Ltd v Proactive Sports
Management Ltd and another
Ch D
26 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/footagent.html

Expert Witnesses - Powers of GMC
Meadow v General Medical Council [2006] EWCA Civ 1390
CA
26 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/expertgmc.html

Who Has Power To Control Laying Down of Gravestones?
In re Welford Road Cemetery
Ecclesiastical Court
The Arches Court of Canterbury
13 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/gravestones.html

Government
Government Data-sharing Plans May Lead to Injustice
Law Society Press Release
30 October 2006
http:/www.uklawyers.co.uk/cms/catsection/lsdatashare.html

Anonymity Orders for Control Order Absconders
Home Office Press Release
26 October 2006
http:/www.uklawyers.co.uk/cms/catsection/contordanon.html

Immigration and Nationality
Controlled Access to UK Labour Market for New
Accession Countries
Home Office Press Release
25 October 2006
http:/www.uklawyers.co.uk/cms/catsection/bulgarconts.html

Jurisdiction to Deal With English Asylum Seeker in Scotland
Tehrani v Secretary of State for the Home Department
HL
18 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/scotasylumct.html

International/Europe
Prosecutions of Pitcairn Islanders
Christian and others v The Queen [2006] UKPC 47
PC
30 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/pitcairncases.html

Claims Against Alleged Mercenaries Not Triable
After Abortive Coup
Mbasogo and another v Logo Ltd and others
[2006] EWCA Civ 1370
CA
23 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/suingdogswar.html

Jurisdiction of EU Courts Over Actions in EU States
Bols Distilleries BV and another v Superior Yacht Services Ltd
[2006] UKPC 45
PC
11 Oct 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/eucourtsjuris.html

Land and Environment
Law Society Pack Eliminates Risk for Consumers
Law Society Press Release
6 November 2006
http:/www.uklawyers.co.uk/cms/catsection/hiphype.html

Remedy For Breach of Right to Light
Regan v Paul Properties DPF No 1 Ltd and Others
[2006] EWCA Civ 1319
CA
26 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/lightright.html

Overcharging Of Service Charges
Ruddy v Oakfern Properties Ltd [2006] EWCA Civ 1389
CA
25 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/servcharprot.html

Legal Practice and Lawyers
Law Society Gets WIFI Hotspot
The Law Society has a new wireless internet connection area in its
Reading Room at the Law Society's Hall. You can also have a civil
wedding ceremony there:
http:/www.uklawyers.co.uk/cms/catsection/lswifi.html

Defending Legal Aid
Law Society Press Release
6 November 2006
http:/www.uklawyers.co.uk/cms/catsection/lslafight.html

Bar 'Must Modernise to Survive'
Bar Council Conference
4 November 2006
http:/www.uklawyers.co.uk/cms/catsection/barmodern.html

Halifax Offers Access to Everyday Legal Services
Press Release
Reaction to Halifax Legal Solutions Launch
Law Society Press Release
28 October 2006
http:/www.uklawyers.co.uk/cms/catsection/halifaxlaw.html

Law Society Survey Results
Law Society Survey Result
23 October 2006
http:/www.uklawyers.co.uk/cms/catsection/lssurveyres.html

Competition to Succeed At the Bar Intensifies, New Survey
Shows
16 October 2006
http:/www.uklawyers.co.uk/cms/catsection/pupilshort.html

Litigation, Courts and Human Rights
Court Granting Extension Of Own Motion
Keen Phillips (A firm) v Field
CA
26 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/courtpow.html

Arbitrations - Original Basis of Jurisdiction Defective
Mostaza Claro v Centro Móvil C-168/05
ECJ
26 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/arbsunfair.html

Limitation Period and Court Delay
Barnes v St Helens Metropolitan Borough Council
[2006] EWCA Civ 1372
CA
25 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/limitcourtdel.html

Agreed Extensions in CPR
Thomas v Home Office [2006] EWCA Civ 1355
CA
19 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/agrexts.html

Money, Property and Tax
Statistics on Mortgage and Landlord Possession Actions
in the County Courts - Third Quarter 2006
DCA Press Release
3 November 2006
http:/www.uklawyers.co.uk/cms/section/repossstats.html

Reclaiming Tax Paid In Error - Limitation Period
Deutsche Morgan Grenfell Group plc v Inland Revenue Comrs and
another [2006] UKHL 49
HL(E)
25 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/taxdefeat.html

Payment Protection Insurance ' Consumers'
Office of Fair Trading Press Release
19 October 2006
http:/www.uklawyers.co.uk/cms/section/paymentprot.html

Personal Injury
More Money for Asbestos Sufferers
DWP Press Release
26 October 2006
http:/www.uklawyers.co.uk/cms/section/asbestosmoney.html

Substituting Defendant After Mistake
O’Byrne v Aventis Pasteur MSD Ltd [2006] EWHC 2562 (QB)
QBD
20 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/defnamemist.html

Cases Generally
Image:
http:/www.lawindexpro.co.uk/g/f12.png
lawindexpro - As Good As Ever

Now with 110,248 cases indexed (almost 560 added in less
than three weeks) and over 251,645 references.

Take at the look at his most recent cases here:
http:/www.lawindexpro.co.uk/cgi-bin/recent.pl

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/.

OLd Maps Section Get an old map of your locality:
http:/www.uklawyers.co.uk/cms/section/oldmapsec.html

Oh What Lovely Law!
The History of Law
536 BC: The Book of Punishments
A legal book printed in China
http:/www.uklawyers.co.uk/cms/section/law536bc.html

Legal Practitioner
Take a look at these recorded materials from the Consilio
newsletter edited by Norman Baird and Mike Semple Piggott.

Intellectual Property
"What Commercial and In-house Advisors Need to Know About
Trade Mark Strategy"
A Briefing by Lindsay Gledhill, Solicitor
Read:
http:/www.uklawyers.co.uk/cms/catsection/trademarkstrat.html

Crime - Anti Social Behaviour Orders
The subject of anti-social behaviour is rarely out of the media
http:/www.uklawyers.co.uk/cms/catsection/asbolect.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
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