Newswire 114

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uklawyers legal newswires

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By Steve Butler and Joe Reevy
Number 114
19 December 2006

I am trying to add stories to the website on a daily basis. 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, 11 January 2007 or
thereabouts. Yes, a long holiday.

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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
19 December 2006

Only 14 links take you to the latest legal news.

Up to date to 15 December 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 - The Rule of Law Over-ruled?
Law Society Review of Year Feature
Money Laundering Feature
Site Of The Week - Just Giving
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Christmas Music Section
OH! What Lovely Law!
Legal Practitioner

The Leading Question

The Rule of Law Over-ruled?
The most remarkable legal event of the week has been the decision
of the Attorney-General to discontinue the investigation of
allegations of bribery involving BAE Systems and Saudi Arabia on
grounds of public interest.

This must have been a very difficult decision to make. The Saudi
government was threatening to withdraw from an arms deal if the
investigation was not stopped. They were saying effectively that
the very suggestion of any wrong doing was so unthinkable that it
was wrong of us to think it, never mind to investigate. If we
did not stop, thousands of jobs would be lost and billions in
revenue. The A-G decided that there were good reasons for
ignoring the Rule of Law.

If you read or listen to the lecture by Lord Bingham of Cornhill
noted in the links to the Legal Practitioner Newswire at the end
of this wire you will see other examples where governments have
deliberately ignored the Rule of Law. The invasion of Suez in
1956 was one of them. As one German statesman once said:
"we are in a state of necessity, and necessity knows no law."
The lecture of Lord Steyn about the International Rule of Law,
also noted below, describes at length the way in which our
government has allowed the Rule of Law to be ignored in various
ways since the 9/11 terrorist attack. Interestingly enough,
Socrates (as noted in Oh! What a Lovely Law below) pondered on
matters such as this in 399 BC after he was sentenced to death by
a jury of 501 citizens of Athens or his teachings by a jury of
501 citizens of Athens. It is not a new problem therefore.

There can be no doubt that the practical benefits of the
investigation and even a successful prosecution thereafter would
have been economically negligible as compared to the enormous
economic benefits of doing everything the government could to
keep the contract with Saudi alive.

But it stinks and I am sure that any lawyer, even Lord Goldsmith,
would have found it very offensive to reach the decision he did.
On the other hand, if I was one of the people whose job was in
danger, a man or woman whose children depended on their income, I
am sure that I would have found it very difficult to continue the
investigation.

As I say a very difficult decision to take. There is a
distinction though between an illegal act of aggression such as
the Suez invasion, and an act of submission such as this - it
presents an entirely different aspect of our national character
to the world at large. It shows weakness rather than belief in
our own strength.

And what a precedent to set. Will Saudi now try to lower the
price of the deal (they have already delayed the negotiations)?
Will Russia tell us to stop investigating the Litvinenko murder
or else they will not supply us with gas? Will the USA tell us
to stop refusing to extradite defendants who face the death
penalty or they will stop buying our widgets?

Where does the law of economic necessity start and the Rule of
Law end?

Are we going to regret over-ruling the Rule of Law in this way?

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

Law Society Newswire - Review of Year Feature
The Law Society is pushing itself as a representative body here:
What do you think?

And do you agree that this should result in redundancies?
See:
Law Society Restructuring
Law Society Press Release
12 December 2006

Law Society Money Laundering Mag Feature
Gatekeeper 6: Anti-Money Laundering Newsletter
See the latest information HERE

OK, I agree, these features are a bit lame but I've been busy.

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

Courses and CPD
Have a rest -it's time for a holiday. Merry Christmas and a
Happy New Year.

Site of the Week - Just Giving
A site from which to organise charitable giving:
As Daniel Barnett is currently doing for "Dreams Come True"
http:/www.uklawyers.co.uk/cms/section/justgive.html

PRACTICAL CASES AND MATERIALS

Commercial and Contract
Changing Company Name Not Good Enough To Avoid Creditors
Churchill and another v First Independent Factors
and Finance Ltd [2006] EWCA Civ 1623
CA
30 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/insolvcomp.html

Crime and Punishment
Attorney General Statement Re BAE Systems
Attorney-General Press Release
14 December 2006
"This statement relates to the investigation by the Serious Fraud
Office into BAe Systems plc concerning payments made in relation
to the Al Yamamah programme with Saudi Arabia.
http:/www.uklawyers.co.uk/cms/catsection/agbacksdown.html

Christmas 2006 Drink Drive Crack Down
Department for Transport Press Release
1 December 2006
The Government and Police have today joined forces to clamp down on the menace of drinking and driving over Christmas
http:/www.uklawyers.co.uk/cms/catsection/dryxmas.html

Prisoner Under More Lenient Law Not Subject to
Later Stricter Law
R (Stellato) v Secretary of State for the Home Department
[2006] EWCA Civ 1639
CA
1 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/longlicence.html

Trinity and Tobago - Review of Decision to Prosecute
Sharma v Browne-Antoine [2006] UKPC 57
PC
30 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/trinpros.html

Terrorist Loses Appeal
R v Abu Hamza [2006] EWCA Crim 2918
CA
28 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/incitelost.html

Employment and Discrimination
The following material is provided courtesy of Daniel Barnett,
with our thanks:
When is A Disclosure Not A Disclosure?
13 December 2006
Bolton School v Evans

Paternity Leave
13 December 2006
Last month the DTI issued - and, curiously, immediately buried -
its response to its consultation on additional paternity leave
and pay.

Young Man, There's No Need to Feel Down.
11 December 2006
Read YMCA v Stewart
but don't click here . . [joke]

Inconsistent Decisions
11 December 2006
Levenes Solicitors v Dalley

Boring But Important.
1 December 2006
Transocean International Resources & ors -v- Russell & ors

Dismissals Following Bullying-Induced Stress Absence
30 November 2006
Royal Bank of Scotland v McAdie:

http:/www.uklawyers.co.uk/cms/catsection/dbdec17.html

Daniel's Charitable Appeal
Please consider donating just £5 to Dreams Come True. It's an
incredibly worthwhile charity, sending terminally ill children on
dream holidays.
And I'd love to hit the £75,000 target. Have a look here to see
what other contributors have said about this cause.
http://www.justgiving.com/danielbarnett
12 December 2006
Hurrah! Just hit £10,000.
. in the last couple of minutes - thank you so much.

Go here to donate:
http://www.justgiving.com/danielbarnett
Click here to for more information and to donate just £5

ICRE Cases
Time Limit - Series of Incidents - When Does Time Start to Run?
Arthur v London Eastern Railway Ltd (t/a One Stansted Express):
[2006] EWCA Civ 1358
CA
25 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/multiincidentstime.html

CPS Wrong in Racial Discrimination Case
Aziz v Crown Prosecution Service: [2006] EWCA Civ 1136
CA
31 July 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/cpsraciald.html

Claim Form - Missing Address - Not Relevant When Solicitor
Instructed
Appeal from Chairman's Decision on Procedural Matter Not To Be
under Rule 34(3)(e)
Hamling v Coxlease School Ltd
EAT
19 May 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/addressmiss.htmlt

Procedure to Follow on Dismissal
Kelly-Madden v Manor Surgery
EAT
19 October 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/disproc.html

Constructive Dismissal Claim
Royle -v- Greater Manchester Police Authority
[2006] UKEAT 0527_05_2709
EAT
27 September 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/roylerep.html

Family
A Fresh Start for Child Maintenance
Department for Work And Pensions Press Release
13 December 2006
http:/www.uklawyers.co.uk/cms/catsection/csachange.html

General
Confidential Information - Preventing Disclosure -
Correct Precedent to Follow
McKennitt and others v Ash and another [2006] EWCA Civ 1714
CA
14 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/confinfprec.html

Simplification Plan Promises to Slash Burden on Charities
Charity Commission Press Release
11 December 2006
http:/www.uklawyers.co.uk/cms/catsection/charysimply.html

Modernising Operator Licensing: The Way Forward
Department for Transport Press Release
6 December 2006
http:/www.uklawyers.co.uk/cms/catsection/lorrylic.html

Immigration and Nationality
English Language Tests for Those Seeking to Settle
Home Office Press Release
4 December 2006
http:/www.uklawyers.co.uk/cms/catsection/visalang.html

Intellectual Property and Computers
Copyright in Transmissions to Hotel Rooms
Sociedad General de Autores y Editores de España v Rafael
Hoteles SA (Case C-306/05)
ECJ
7 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/ecjiphotel.html

International/Europe
Extradition to the USA Allowed
Ahmad v Government of the United States of America;
Aswat v Same [2006] EWHC 2927 (Admin)
DC
30 November 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/usextra.html

Land and Environment
Landlord No Need to Mitigate Loss While Lease Extant
Reichman and another v Gauntlett and another
[2006] EWCA Civ 1659
CA
13 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/ldwin.htmlã

Planning Environmental Impact Assessments - Law Lords Pontificate
R (Barker) v Bromley London Borough Council (Secretary of State
for Communities and Local Government intervening) [2006] UKHL 52
HL
6 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/wasteplant.html

Legal Practice and Lawyers
QC Selection Process Starts
Appointment As Queen’s Counsel: 2007 Competition Announced
Bar Council Press Release
12 December 2006
http:/www.uklawyers.co.uk/cms/catsection/qcprice.html

New Bar Chief Calls For Quality Control
2007 Bar Chairman Sets Out Agenda for the Coming Year: Quality of
Advocacy A Key Theme
Bar Council Press Release
11 December 2006
http:/www.uklawyers.co.uk/cms/catsection/barqual.html

Bridget Prentice Challenges Lawyers to Open Up
DCA Press Release
4 December 2006
http:/www.uklawyers.co.uk/cms/catsection/legdiv.html

Helping Consumers Get A Better Deal From Lawyers
DCA Press Release
30 November 2006
"A Step-by-Step Guide to Choosing a Legal Adviser"
http:/www.uklawyers.co.uk/cms/catsection/legleaf.html

Litigation, Courts and Human Rights
Disclosure in Judicial Review - Powers Widened
Tweed v Parades Commission for Northern Ireland
[2006] UKHL 53
HL
13 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/jrdisc.html

Police Powers to Control Protesters Restricted
R(Laporte) v Chief Constable of Gloucestershire Constabulary
[2006] UKHL 55
HL(E)
13 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/coachprot.html

Limitation Period - Equitable Remedy
P & O Nedlloyd BV v Arab Metals Co and others
[2006] EWCA Civ 1717
CA
13 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/limequity.html

Environmental Law Provision in Breach of Rights to Fair Trial?
Environment Agency v Biffa Waste Services Ltd
QBD
12 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/wasteplant.html

Home Secretary's Powers Amount to Discrimination
R (Clift) v Secretary of State for the Home Department; R
(Hindawi and Another) v Same [2006] UKHL 54
HL
13 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/homesecparole.html

Right to Life - Iraqi War Inquiry?
R (Gentle and another) v Prime Minister and others [2006] EWCA
Civ 1690
CA
12 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/iraqinq.html

Wrongful Movement From Open to Closed Prison -
Misfeasance of Office
Karagozlu v Commissioner of Police of the Metropolis
[2006] EWCA Civ 1691
CA
12 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/catsection/prismove.html

Costs - Relevance of Misconduct
Haji-Ioannou and others v Frangos and others
[2006] EWCA Civ 1663
CA
6 December 2006
Daily Law Notes Summary
http:/www.uklawyers.co.uk/cms/section/costmiscond.html

Law Society Secures Client Confidentiality with Court
Win Over the DCA on Court Papers
Law Society Press Release
28 November 2006
http:/www.uklawyers.co.uk/cms/section/cliconfcourt.html

Money, Property and Tax
CC Opens Up Home Credit Market to Competition
Competition Commission Press Release
30 November 2006
http:/www.uklawyers.co.uk/cms/catsection/homecredit.html

Personal Injury
Insurance Companies Add Insult to Injury
Law Society Press Release
11 December 2006
http:/www.uklawyers.co.uk/cms/catsection/lawsocpi.html

Gas Sector Urged to Do More to Prevent Carbon Monoxide Deaths
Department for Work And Pensions Press Release
5 December 2006
http:/www.uklawyers.co.uk/cms/catsection/gasind.html

Claims Management Regulation Imminent
DCA Press Release
30 November 2006
http:/www.uklawyers.co.uk/cms/catsection/claimdessert.html

Cases Generally
Image:

lawindexpro - As Good As Ever

Now with 111,646 cases indexed (almost another 700 added since
the last issue of our newswire) and over 256,049 references.
Try this version of the Gentle case summarised above:
Judicial Review Human Rights
Gentle & Clarke, Regina (on the Application Of) -v- Prime
Minister and others
[2006] EWCA Civ 1690
CA
12 December 2006
http:/www.uklawyers.co.uk/cms/catsection/iraqinq.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 Music Section
Want to listen to some Christmas music and A Treasury of
Christmas Carols:
http:/www.uklawyers.co.uk/cms/section/chrismus.html

Oh What Lovely Law!
The History of Law
399BC: The Trial of Socrates
The trial of Socrates, the most interesting suicide the world has
ever seen, produced the first martyr for free speech.
Finding an answer to the mystery of the trial of Socrates is
complicated by the fact that the two surviving accounts of the
defense (or apology) of Socrates both come from disciples of his,
Plato and Xenophon. Historians suspect that Plato and Xenophon,
intent on showing their master in a favorable light, failed to
present in their accounts the most damning evidence against
Socrates.
http:/www.uklawyers.co.uk/cms/section/law399bc.html

Legal Practitioner
Again using every available format, here the Legal Practitioner
site shows its mettle with these lectures by learned judges:
The Rule of Law
International Law
http:/www.uklawyers.co.uk/cms/catsection/lawrulespr.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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should check the accuracy of the information yourself, or seek
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