Newswire 113

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uklawyers legal newswires

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By Steve Butler and Joe Reevy
Number 113
3 December 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 20
3 December 2006

Only 14 links take you to the latest legal news.

Up to date to 30 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 - How Should Solicitors Protest?
Legal Aid Reform Feature
Company Law Feature
Site Of The Week - DVD Rental Guide
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Casino Royale Section
OH! What Lovely Law!
Legal Practitioner

The Leading Question

How Should Solicitors Protest?
The big story of the week is still all about the legal aid
reforms but I've recently commented about that and I'll leave it
in the hands of those who are still unfortunate enough to be in
the jaws of the LSC and the Government to fight on.

What more can I do?

The same can be said of the Legal Services Bill? Clementi
pontificated and the government has listened to him and decided
what will happen. The protests of professionals to be adversely
affected by the changes are damned as possibly self-serving and
ignored. The least professional parts of the profession, the big
firms of corporate lawyers, who might benefit from an injection
of outside capital, are listened to because their views match the
government's even though they are definitely self-serving.

Should lawyers take strike action? Will the strike actions of
duty solicitors, actual and pending, have an effect on the
government? If these are restricted to local areas I doubt if
the actions will have much effect. If every duty solicitor
nationally went on strike at the same time it would do so.

So who can co-ordinate national collective (we cannot pretend it
is "industrial") action to protect the interests of solicitors?

Step forward the Law Society - which promptly slips on the first
banana skin dropped by the government never to get on its feet
again. Let's face it, the Law Society is not an effective body
from that point of view. Whenever it delivers a comment about a
government initiative affecting lawyers it has always started
with the phrase "We welcome." and gone on to add any criticisms
as an afterthought. The government spin machine picks up on the
"Welcome" and ignores everything else which is said no matter how
sensible. The Law Society has been so weak in the past that it
is now sometimes not even consulted by the government. This
attitude started years ago, back in the days of Maggie Thatcher,
whose barristerial contempt for solicitors influenced her every
move against the legal profession. This is just another of her
policies adopted by barrister Tony Blair to this very day.

To be fair I think the Law Society has been improving recently.
The big test of its status with its members will be whether or
not it adopts the inevitably negative resolutions which will be
passed at the Special General Meeting in January. Or will it
ignore the views of the profession as it has done in the past?
One problem is the slow pace of its actions. Why is the SGM in
January and not this year? Will it insist on a poll of the
members and how long will that take? And will it accept the
decision of the poll? And will it co-ordinate any effective
national action for solicitors?

If the Law Society does not take action there is nobody else to
represent us. If the Law Society fails to take up the cudgel on
our behalf over the next few months, will solicitors try to find
alternative methods of protest? I guess they will, and then
won't the Law Society lose credibility both with its members and
the government?

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

Legal Aid Reform Feature
Legal Aid Reform: The Way Ahead
Department for Constitutional Affairs Press Release
28 November 2006
The DCA and the Legal Services Commission (LSC) have published
'Legal Aid Reform: The Way Ahead'.
A partial regulatory impact assessment covering the first stages
of implementation will be published separately on the DCA and LSC
websites in the next few days.
Useful links:
* Command Paper: Legal Aid Reform: The Way Ahead:
* Summary of consultation responses: Legal Aid - a sustainable
future
http:/www.uklawyers.co.uk/cms/catsection/lareffeat.html

Company Law Feature
The Companies Act 2006 on its way
27 November 2006
The Companies Act 2006: Issues for Private Companies
Ashurst provides commentary:
The Companies Act 2006: Issues for Public And/Or Quoted Companies
Ashurst provides commentary:
Record Breaking Reform of Company Law Becomes An Act
Olswang provides commentary:
http:/www.uklawyers.co.uk/cms/catsection/compreffeat.html

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Courses and CPD - Not the Judicial Studies Board
http:/www.JSBonline.com
The Law Society have sent out a leaflet about applying for
judicial appointments and suggested this site as a good source of
training to prepare for the application process.

Site of the Week - DVD Rental Guide
Having fallen out with Lovefilm.com following the recent changes
to their selection system I have been trying to find a DVD postal
rental system which will suit me better.
http:/www.uklawyers.co.uk/cms/section/dvdrent.html

PRACTICAL CASES AND MATERIALS

Crime and Punishment
Life Sentence - Minimum Period Review
R v Caines; R v Roberts [2006] EWCA Crim 2915
CA
23 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/behavelifeterm.html

Crown's Right of Appeal Limited in Scope
R v Thompson and another [2006] EWCA Crim 2849
CA
22 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/crownapp.html

Important Changes Made to Criminal Means Testing
DCA Press Release
22 November 2006
http:/www.uklawyers.co.uk/cms/catsection/meansconc.html

Employment and Discrimination
The following material is provided courtesy of Daniel Barnett,
with our thanks:
Speculating in Compensatory Awards
28 November 2006
Scope v Thornett

Confidential Information Injunctions
27 November 2006
Fox Gregory v Spinks

Tribunal Award Limits - Annual Increases
24 November 2006
The Employment Rights (Increase of Limits) Order 2006
http:/www.uklawyers.co.uk/cms/catsection/dbnov30.html

Family
Justice for Victims of Domestic Violence
DCA Press Release
29 November 2006
More cases of domestic violence are being reported . .
http:/www.uklawyers.co.uk/cms/catsection/dvjust.html

Maintenance Agreement - Wealthy Parties
Hill v Morgan [2006] EWCA Civ 1602
CA
28 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/maintrich.html

General
Better Streetworks: Permits Proposal to Keep Traffic Moving
Department for Transport Press Release
28 November 2006
New proposals for permit schemes which give local highway
authorities the power . . . .
http:/www.uklawyers.co.uk/cms/catsection/roadworks.html

Immigration and Nationality
New Citizenship Rights for Members of the Commonwealth
Serving in the British Armed Forces
Home Office Press Release
22 November 2006
http:/www.uklawyers.co.uk/cms/catsection/commoncit.html

Asylum Because of Sharia Family Law??
EM (Lebanon) v Secretary of State for the Home Department
[2006] EWCA Civ 1531
CA
21 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/musfamasy.html

Smarter, Larger Intelligence Led units Boost
Immigration Enforcement
Home Office Press Release
20 November 2006
http:/www.uklawyers.co.uk/cms/catsection/immint.html

Intellectual Property and Computers
Patent Whether Jurisdiction to Grant Unsuccessful
Claimant Licence
Cinpres Gas Injection Ltd v Melea Ltd
Ch D
22 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/patentunsucc.html

International/Europe
Enforcement of Foreign Judgment - Kenya, Isle of Man,
Privy Council
Pattni v Ali and another [2006] UKPC 51
PC
20 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/kenyajudge.html

Legal Practice and Lawyers
Legal Aid Reform - The Way Ahead
Department for Constitutional Affairs Press Release
28 November 2006
http:/www.uklawyers.co.uk/cms/catsection/lareffeat.html

Law Society's Complaints Handling Still Selling
Consumers Short
DCA Press Release
22 November 2006
Issued on Behalf of the Office of the Legal Services Complaints
Commissioner
http:/www.uklawyers.co.uk/cms/catsection/lscomps.html

Law Society Intervention Justified
Sheikh v Law Society [2006] EWCA Civ 1577
CA
23 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/lawsocinter.html

Litigation, Courts and Human Rights
Tort - Withholding Relevant Facts
AIC Ltd v ITS Testing Services (UK) Ltd [2006] EWCA Civ 1601
CA
28 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/withholding.html

Cases Generally
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First are sample pages in the form of case law updates which we
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Ring 01484 717380 or 0773 187 4426 to subscribe or enquire.

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Go to:
David Swarbrick's lawindexpro - http:/www.lawindexpro.co.uk/.

Casino Royale Section
Casino Royale - Now and Then
A good action film - nothing fancy and my wife loved Daniel Craig.
Looks like I'd better start going to the gym!
The older film contains this typical Woody Allen quote (yes, he
was there too):
Jimmy Bond: You can't shoot me! I have a very low threshold of
death. My doctor says I can't have bullets enter my body at any
time.
http:/www.uklawyers.co.uk/cms/section/casroy.html

Oh What Lovely Law!
The History of Law
350 BC (approximately): The Chinese Code of Li k'vei
The first Chinese imperial code of laws dealt with theft, robbery,
prison, arrest and general rules. It served as a model for the
T'ang Code, which came almost 1000 years later in 653AD.
http:/www.uklawyers.co.uk/cms/section/law350bc.html

Legal Practitioner
Nothing particularly new and interesting in the Consilio newswire
this week but have a good look round it anyway - there is always
something to amuse or educate.
http:/www.spr-consilio.com/lpmaster.cfm#66

Any feedback is welcome, positive or not - we do listen and learn.

Regards
Steve

DISCLAIMER
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this bulletin is provided free of charge for information
purposes only. Every reasonable effort is made to make the
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consequences of relying on it, is assumed by Joe Reevy, Steve
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