Newswire 112

==========================

uklawyers legal newswires

==========================
By Steve Butler and Joe Reevy
Number 112
23 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

The next wire will be on Thursday, 30 November 2006.

To make sure you continue to receive our e-mails in your inbox,
please add smb@e-solicitors.co.uk to your address book or safe
sender list.

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 19
23 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 22 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 - General Practice - A Failure of Legal Aid?
Queen's Speech . . and Reactions Feature
Law Society Legal Aid Meeting Feature
Site Of The Week - Possession Claims Online
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Christmas Shopping Section
OH! What Lovely Law!
Legal Practitioner

The Leading Question

General Practice - A Failure of Legal Aid?
"A particularly important area is the extent to which advisers
failed to expose the true extent of clients’ problems during
interview. Of the clients we followed up in interview, 29 out of
58 had some additional problems that had not been dealt with in
the interviews. These were generally significant problems and
about half were linked to their presenting problem(s) in some way
(and so might more obviously give rise to a criticism of the
adviser for failing to identify them).

Analysis of our data suggests the structure and organisation of
advisers may make a difference to whether and how a client
presents multiple problems.

Advisers, when faced with problems outside their expertise, were
often not dealing with them ‘seamlessly’, particularly when a
specialist’s own organisation lacked specialist skills in the
problem presented by the client."

This as a quotation form the executive summary of the report
highlighted below entitled "A Trouble Shared – Legal Problems
Clusters in Solicitors’ and Advice Agencies." What it is
basically saying is that vulnerable clients are not having their
problems addressed because their advisors are too specialist in
their approach and so do not recognise or, if recognised, cannot
deal with, many legal problems outside their expertise.

One of the reasons why the old Legal Aid Green Form scheme was so
successful for me (but expensive for the Legal Services
Commission) was because, as a general practitioner, I was able to
identify when a client had more than one legal problem, and fill
in a separate Green Form for each problem. Often a client would
have to fill in several forms at the first appointment. I prided
myself on giving my clients a good all round service to cure all
their problems myself, without having to refer them to other
places. The current legal aid system prevents this from
happening because of its emphasis on specialisation.

I have highlighted below the campaign by the Law Society to fight
the pending legal aid changes. I have also given space to the
response from the Legal Services Commission, not because I
approve of it, but because it just shows how low their
expectations are. They boast for example that the people of
Cumbria have adequate access to legal advice about employment law
because there is one firm of solicitors (said to be
"Livingstones") in the whole county (and two advice agencies)
who have contracts to give such advice. If anyone had said ten
years ago that there would be only one firm of solicitors in the
whole of Cumbria which could give legal aid advice about
employment law there would have been riots in the streets. But
now it is a source of pride to the LSC.

In fact the name of the solicitors is "Livingstons" not
Livingstones. The firm is based in Ulverston with three other
branches, including one without any solicitors or lawyers
according to the Law Society Directory. Overall this Lexcel
accredited firm lists one partner, one associate and one
assistant as specialists in employment law. Three trained
solicitors to give legal aid about employment law in a county
with a population of almost 500,000 people. Way to go LSC!

When I started in legal practice every solicitors' office in
Cumbria would have been allowed and indeed would have had a
professional duty to provide legal aid to any client about
employment law. And in those days most solicitors would have had
the knowledge to do so or would have known someone who did. But
then the general practitioner was a common feature of high street
practice, just like the GP is normal among doctors today. Why
there has been this change in perception towards lawyers where it
is thought that specialisation is vital is a big question. Why
are lawyers any different to doctors in this respect? I cannot
say that this drive towards specialisation has been led only by
the LSC because it has been going on for several years but
certainly the LSC encouraged it for its own purposes.

At last though someone is doing research that shows that clients
do not receive proper advice when they only see a specialist in
one field. A more holistic approach is needed. The LSC will
never be able to take this on board because of the inflexible
nature of its organisation. Will this prove to be the greatest
failure of the legal aid system?

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

Queens Speech . . .and Reactions Feature
Government Reveals Future Plans
Prime Minister's Press Release
15 November 2006
Her Majesty the Queen at the State Opening of Parliament Measures
to deal with climate change and provide "strong, secure and
stable" communities are at the centre of this year's Queen's
Speech.
Queen's Speech Reaction
Bar Council Press Release
15 November 2006
Legal Services Bill Must Preserve Independence
of Legal Profession
Law Society Press Release
15 November 2006
http:/www.uklawyers.co.uk/cms/section/queen2006feat.html

Law Society Legal Aid Meeting Feature
Law Society Members Convene Special General Meeting on
Legal Aid
Law Society Press Release
13 November 2006
Pledge for Legal Aid SGM
Law Society Gazette Article
16 November 2006
Means Testing: Sunderland solicitors vote to boycott magistrates’
court for two days
Defending Legal Aid
Law Society Mini Site
16 November 2006
And here is the LSC Response:
LSC Rejects Law Society Claims of Poor Access
to Legal Aid Services
LSC Press Release
Refuting Law Society's claims: Detailed briefing note - Nov 06
(30 kb)
http:/www.uklawyers.co.uk/cms/section/labattle.html

Words4Business
**************

You want to get a newsletter out. You want to send press releases
or short articles to your local paper or a journal. You want to
get the material on your website up to date. Client work, admin
duties and a hundred other things stop you.
If you want to get it done, right now, you can: call
Words4Business.

We have what you need. It is professionally written, up-to-date,
at a price that will make you smile and provided by a company that
believes in delighting clients rather than just pleasing them . .
. which is why we are the UK's market leader.

Contact: Words4Business
([NEW WEBSITE DESIGN] http:/www.words4business.com ).
Tel: 01392 423607
Fax: 01392 214495.

E-mail mail@words4business.com

************************************************

Courses and CPD - PI Brief Update Journal
PIBU Law Journal
PIBU Law Journal is the new premium version of PI Brief Update.
In addition to the news and case reports from PI Brief Update, it
also features articles on specialist topics in the personal
injury field. It is written by a team of around 30 barristers who
specialise in personal injury, as well as health & safety and
medico-legal experts.

SPECIAL OFFER - We are offering free access to the online version
of PIBU Law Journal for a limited time only.
http:/www.pibriefupdate.com/pibulj.php

Site of the Week - Possession Claims On-Line
Another useful tool from the Courts Service - this time for
straightforward possession claims by landlords or mortgagees
http:/www.uklawyers.co.uk/cms/section/posslinesotw.html

PRACTICAL CASES AND MATERIALS

Commercial and Contract
Another EU Tax Victory for the Taxman
Kerckhaert and another v Belgische Staat (Case C-513/04)
ECJ
14 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/eucorptax.html

Non-Disclosure to Insurers Does NOT Always Matter
Meisels and another v Norwich Union Insurance Ltd
QBD
9 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/insurloss.html

Money Laundering - Bank Escape Route
Abou-Rahmah v Abacha
[2006] EWCA Civ 1492
CA
8 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/bankescape.html

Priority of Payments to Debenture Holders
Customs and Excise Comrs v Royal Bank of Scotland plc
[2006] EWHC 2813 (Ch)
Ch D
7 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/debpriority.html

Crime and Punishment
Law Society Remains Steadfast in its Opposition to
Abolish Juries in Fraud Trials
Law Society Press Release
15 November 2006

And So Does ILEX
ILEX Press Release
16 November 2006
http:/www.uklawyers.co.uk/cms/catsection/juryfight.html

No Case for Extension of Powers
Law Society Press Release
15 November 2006
http:/www.uklawyers.co.uk/cms/catsection/terrorpowers.html

Simple Sentencing and Public Protection
Home Office Press Release
9 November 2006
http:/www.uklawyers.co.uk/cms/catsection/newsents.html

Police and Justice Bill Receives Royal Assent
Home Office Press Release
8 November 2006
http:/www.uklawyers.co.uk/cms/catsection/poljustact.html

Bad Character - Foreign Defendant's Record
R v Kordasinski
CA
7 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/polbadchar.html

New Forms in Crown Court
Practice Direction (Criminal Proceedings: Forms)
Sup Ct: Sir Igor Judge P
3 November 2006
http:/www.uklawyers.co.uk/cms/catsection/presform.html

Employment and Discrimination
The following material is provided courtesy of Daniel Barnett,
with our thanks:
Unfair Contract Terms Act and Unreasonable Bonuses
17 November 2006

Age Discrimination: Pensions Exemptions
17 November 2006

Local Authority Pensions
17 November 2006

Statutory Grievance Procedures: Time Limits
16 November 2006

DDA: Reasonable Adjustments on Redundancy
16 November 2006

New DTI Guide: Rights and Responsibilities of Employees
13 November 2006

Non-compliance With Statutory Dismissal Procedure
9 November 2006

Flexible Working for Carers
9 November 2006
http:/www.uklawyers.co.uk/cms/catsection/dbnov20.html

ICRE Cases
Extending Time Limits in Different Types of Case
Lambeth London Borough Council and others v Corlett
EAT
12 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/timelimitsagain.html

Evidence Obtained in Secret Excluded
Chairman and Governors of Amwell View School v Dogherty
EAT
15 September 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/secretevidence.html

Carers to Benefit From Right to Request Flexible Working
DTI Press Release
9 November 2006
http:/www.uklawyers.co.uk/cms/catsection/carersdeals.html

Family
Infidelity No Excuse for Murder
DCA Press Release
17 November 2006
http:/www.uklawyers.co.uk/cms/catsection/infidelity.html

House of Lords on Child Abduction
In re D (A child)(Abduction: Rights of custody)
HL
16 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/childabductionhl.html

Justice Delayed is Justice Denied Says ILEX
ILEX Press Release
14 November 2006
http:/www.uklawyers.co.uk/cms/catsection/ilexopenct.html

General
Government Gets Mental Health Reforms Wrong Again
Law Society Press Release
17 November 2006
http:/www.uklawyers.co.uk/cms/catsection/healthchange.html

Charity Commission Celebrates New Charities Act
Charity Commission Press Release
8 November 2006
http:/www.uklawyers.co.uk/cms/catsection/newcharact.html

The Civil Aviation Act Received Royal Assent
DTT Press Release
Civil Aviation Act
8 November 2006
http:/www.uklawyers.co.uk/cms/catsection/civavact.html

Government
Regulations Promote Access to and Confidence in the Voting System
DCA Press Release
13 November 2006
http:/www.uklawyers.co.uk/cms/catsection/newvotingact.html

Individual's Claim For Breach of EU Law by Government
Poole v Her Majesty’s Treasury [2006] EWHC 2731(Comm)
QBD
8 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/eulawbreak.html

Immigration and Nationality
Careful Scrutiny of Asylum Applications
R (WM) (Democratic Republic of Congo)) v Secretary of State for
the Home Department;
R (AR) (Afghanistan)) v Secretary of State for the Home
Department
CA
9 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/asyques.html

International/Europe
Foreign Government Seeking Immunity From Enforcement Proceedings
Svenska Petroleum Exploration AB v Government of the Republic of
Lithuania and another (No 2) [2006] EWCA Civ 1529
CA
13 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/eucourtsenforc.html

EU Immigration - EU Child with Non-EU Parents - Who May Stay?
W (China) and X(China) v Secretary of State for the Home
Department
CA
9 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/euchild.html

Land and Environment
Darling Announces Plans to Clampdown on Rogue Estate Agents
-----------------------------------------------------------
DTI Press Release
17 November 2006
http:/www.uklawyers.co.uk/cms/catsection/astagact.html

Legal Practice and Lawyers
The Bar’s Relationship with the CPS and use
of Higher Court Advocates (HCAs)
Bar Council Letter to All Barristers
The Statement of Principles and associated memo
15 November 2006
http:/www.uklawyers.co.uk/cms/catsection/barhca.html

A Trouble Shared – Legal Problems Clusters in
Solicitors’ and Advice Agencies
DCA Research Site
9 November 2006
http:/www.uklawyers.co.uk/cms/catsection/gpbest.html

Public to Be Left Vulnerable to Injustice
ILEX Press Release
17 October 2006
http:/www.uklawyers.co.uk/cms/catsection/ilexfight.html

Litigation, Courts and Human Rights
Tribunals, Courts and Enforcement Bill
DCA Press Release
17 November 2006
http:/www.uklawyers.co.uk/cms/catsection/newtribs.html

Money, Property and Tax
The Payment Systems Task Force and Reforms to
Cheque Clearing Processes
Office of Fair Trading Press Release
14 November 2006
http:/www.uklawyers.co.uk/cms/catsection/chequerules.html

Remuneration of Liquidators - Powers of Court to Query
Jacob and another v UIC Insurance Co Ltd and another
[2006] EWHC 2717 (Ch)
Ch D
6 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/liquidremun.html

Personal Injury
Access to Health Records Act 1990
Law Society Information
3 November 2006
http:/www.uklawyers.co.uk/cms/catsection/healthrecs.html

Limitation Period After Repressed Abuse Memories Surface
Young v Catholic Care (Diocese of Leeds) and another [2006] EWCA
Civ 1534
CA
14 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/oldabuselimit.html

Insurance Cover for Abusive Employees
KR and others v Royal & Sun Alliance plc
[2006] EWCA Civ 1454
CA
3 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/abuseins.html

Cases Generally
Image:

lawindexpro - As Good As Ever

Now with 110,595 cases indexed (almost 340 added in less than two
weeks) and over 252,390 references.

Try these examples of brief summaries:
Customs and Excise - Powers
Harrison -v- HM Revenue & Customs
[2006] EWHC 2844 (Ch)
ChD
15 November 2006
http:/www.uklawyers.co.uk/cms/catsection/customwincar.html

Personal Injury Torts - Other - Claims Against Deceased Rapist
Lawson -v- Executor of the Estate of Dawes (Deceased)
[2006] EWHC 2865 (QB)
QBD
14 November 2006
http:/www.uklawyers.co.uk/cms/catsection/deadrapist.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/.

Christmas Shopping On-Line Section
A selection of sites for shopping on-line:
http:/www.uklawyers.co.uk/cms/section/xmasshop.html

Oh What Lovely Law!
The History of Law
450 BC: The Twelve Tables

Ten Roman men were given wide powers to write the laws that were
to govern Romans.
And here they are translated:
http:/www.uklawyers.co.uk/cms/section/law450bc.html

Legal Practitioner
Take a look at these articles from the Consilio newsletter edited
by Norman Baird and Mike Semple Piggott.
Defamation
"Reynolds Privilege - Protection of Journalists"
Jameel v Wall Street Journal [2006] UKHL 44
by Dr John Birchall, Barrister
http:/www.uklawyers.co.uk/cms/catsection/journpriv.html

Competition Law
"English Courts Can Second-guess the Commission (Sometimes)"
by Peter Groves, Solicitor
http:/www.uklawyers.co.uk/cms/catsection/compcommuk.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.

Subscription Information
To subscribe to this newswire,
send an e-mail to:
mailto:smb@e-solicitors.co.uk
and include your first and last names.

To unsubscribe: send an e-mail to: mailto:smb@e-solicitors.co.uk
and include the instruction "Unsubscribe Me" in the subject line.

Remember, it is very easy to make an error with your e-mail
address - our mailing software rejects defective addresses
automatically, so please make sure you get your address right.
Please not that to CHANGE your e-mail address: it is necessary to
de-register and re-register. If this is too much effort, just
tell us your new and old e-mail addresses and we'll do it for you:
smb@e-solicitors.co.uk

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
uklawyers.co.uk
9, Howell Rd.
Exeter EX4 4LG
Devon
United Kingdom

E-mail: smb@e-solicitors.co.uk

© S M Butler & J Reevy 2006

UKLawyers Express © S M Butler & J Reevy 2006
UKBlawgers © S M Butler & J Reevy 2006
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Legal Disclaimer

[smaller]

Change text size

[larger]