Newswire 92
==========================uklawyers legal newswires
==========================
By Steve Butler and Joe Reevy
Number 92
16th March 2006
I am pleased to announce that our website has started to function
at last. Have a look at it here:
http://www.uklawyers.co.uk
It is still in the planting stage but most of the seeds have been
sown and the site will now grow. If anyone has any suggestions
about how to improve the site or especially ideas about any
features which you would like to see, please let me know:
mailto:smb@e-solicitors.co.uk
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.
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
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Once again this is sent out in the text only version this week.
Once we sort out our mailing problem we shall revert to the HTML
format. Solution is on the horizon and closing in.
Contents
======
The Leading Question - Record All the A-G's Telephone Calls?
Budget Feature
International War Crimes Tribunal Feature
Site Of The Week - http://www.progressive.org
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
"Beat The Budget, Buy Some Wine" Section
Oh! What Lovely Law!
Legal Practitioner
The Leading Question
~~~~~~~~~~~~~~~
Record All the A-G's Telephone Calls?
---------------------------------------
Sir Ian Blair has been caught out recording telephone
conversations with the Attorney-General and others. My initial
reaction was one of shock that he should be so cavalier but the
more I think about it the more I like the idea. This has the
promise of being a good thing - the A-G should have his telephone
conversations recorded, all of them.
Wouldn't it be sensible if all "business" conversations made by
all Ministers and senior policemen, from the Prime Minister down,
were recorded at all times? The technology is there as anyone who
works in the county court will know. It is normal practice there
for the DJ's words of wisdom to be recorded for posterity and all
telephone hearings are recorded. If the Court Service can do it
I'm sure the Civil Service should be able to cobble a system
together. Just think how much easier and accurate the Kelly
Inquiry would have been if all the important conversations had
been recorded. All the meetings at which proper notes were not
taken; all the phone calls after Dr Kelly was found dead: we would
have been able to find out exactly what happened.
In Lord Goldsmith's case we would have the truth of the calls
between him and Tony Blair about the legality of the war in Iraq.
As far as Sir Ian is concerned, we would have had access to the
phone calls made in the crucial 24 hours after the shooting of the
Brazilian Jean Charles de Menezes by the anti-terrorist police.
There would have to be strict rules about when the recordings were
made public but surely the question should be, why aren't all Sir
Ian's and all Lord Goldsmith's and all the conversations of all
senior public figures recorded as a matter of course? Wouldn't
this be a move towards open government which would benefit us all?
Regards
Steve Butler
Solicitor
Newswire Editor
mailto:smb@e-solicitors.co.uk
Budget Day Feature
================
The Budget is next Wednesday, 22 March 2006. Here is the treasury
site to watch for proposals and action:
http://www.hm-treasury.gov.uk/budget/budget_06/bud_bud06_index.cfm
NCIS Feature - Postscript
====================
Last week we featured NCIS. It is to be abolished on 1 April and
replaced with the Serious Organised Crime Agency:
The NCIS and NCS (Abolition) Order 2006
SI 2006/540
http://www.opsi.gov.uk/si/si2006/20060540.htm
International War Crimes Tribunal Feature
=================================
The death of Milosevic in the custody of the IWCT at The Hague
prompted me to look at their site, which is interesting:
http://www.un.org/icty/
You can see the Indictments against Milesovic, who started his
career, incidentally, as a law graduate.
Here is one describing the allegations arising out of his
activities in Kosovo
http://www.un.org/icty/indictment/english/mil-2ai011029e.htm
and the transcripts of all the hearings are available.
Here is the index page for all the cases:
http://www.un.org/icty/cases-e/index-e.htm
If you click on the "i" button against each name you see a neat
summary of the case. This is javascript and the link cannot be
reproduced here but is worth having a go.
A very impressive site.
Words4Business
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Contact: Words4Business ( http://www.words4business.com ).
Tel: 01392 423607
Fax: 01392 214495.
E-mail mail@words4business.com
*************************************************
Courses - Legal Training Manager Ltd
==============================
Legal Training Manager Ltd
--------------------------------------
"Do you need a Legal Training Manager?
* Do you find it difficult to decide what training you or your
fee-earners should do to fulfil your CPD requirements?
* Is the time spent searching for the right course a good use of
your time or that of your fee-earners?
* Are you sure that the money you are spending on CPD is good
value?
* Are your CPD records up to date?
* Will the training you have done enable your firm to achieve its
business aims?
At ltml we understand the demands on the time of busy lawyers.
Although training is important, it is easy for other issues to
take
over and organising training can be relegated to the bottom of the
list. As the training year progresses the pressure to complete
the required hours can result in undertaking training which does
not address the right training needs and which is not
cost-effective.
We offer a solution.
Our legal training management service provides our clients with an
out-sourced training manager. The service includes:
* Training needs analysis
* Development of a training plan for each department
* Development of a training plan for each fee-earner
* Sourcing of appropriate training
* Evaluation of training
* Quarterly reports
Contact kath@ltml.co.uk to arrange a no-obligation meeting to
discuss your requirements.
http://www.ltml.co.uk/index.asp"
Site of the Week - http://www.progressive.org
===================================
"The Progressive" in its own words:
"In 1929, La Follette's Weekly changed its name to The
Progressive, but the views of the magazine have remained
remarkably consistent over the years. The Progressive, a monthly
since 1948, has steadfastly stood against militarism, the
concentration of power in corporate hands, and the
disenfranchisement of the citizenry. It has continued to champion
peace, social and economic justice, civil rights, civil liberties,
human rights, a preserved environment, and a reinvigorated
democracy. Its bedrock values remain non-violence and freedom of
speech."
I found this site after I recently saw the George Clooney film
"Good Night, and Good Luck" which was about the McCarthy era. A
very good film with interesting use of actual newsreel material
from the time. It made a very powerful argument for the need to
stand against "thought police" in all their manifestations.
This page featuring a series of articles by Mathew Rothschild
argues that we are today at risk of falling into the trap created
when the "thought police" are allowed free rein:
http://www.progressive.org/mccarthy
uklawyers legal newswires
=====================
Many thanks for all the kind and useful comments including:
"Hi Steve,
I always look forward to the weekly wire, but the one this week
was especially good. The reason was the editorial. As a local
government man through and through, it makes a change to see
someone stating what has been obvious for years to those in the
business. I know that the social sector at times needs a hefty
boot up the backside, but I do get rather choked with all the
knocking copy that some people tend to issue (often without
thought) as a matter of course. Keep up the good work (and I do
not just mean the pro social care stuff).
Regards,
Trevor Grundy
"I write to say how well you have put the arguments about the
90-day detention proposal. I agree with every word you say"
"It's one of the few things that arrives in the email each week
that I can honestly say I make time to study."
Don't forget to take advantage of your free trial credit search
with Creditsafe.Com
Contact CreditSafe and ask for:
Gavin Tierney, Account Consultant
Gavin.tierney@creditsafe.com
2920 886500 ext: 2011
http://www.creditsafe.com
Tell him you got his name from Uklawyers.
Many thanks to those who have asked their colleagues to subscribe
to the wire. Why not join them? Please ask three friends to
subscribe to this today - just get them to send an e-mail with
their name to mailto:smb@e-solicitors.co.uk with 'subscribe' in
the subject line and we'll do the rest.
PRACTICAL CASES AND MATERIALS
=============================
Commercial and Contract
====================
Revocation of Banking Licence - Bahamas
----------------------------------------------------------
Suisse Security Bank & Trust Ltd v Francis [2006] UKPC 11
Privy Council
13 March 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/HLPC/mar0.8.htm
The Governor of the Central Bank of the Bahamas was entitled,
pursuant to s 14(2) of the Banks and Trust Companies Regulation
Act 2000, to suspend a bank's operating licence without notice.
European Union
-----------------------
Tavoulareas v Tsavliris & Ors
[2006] EWHC 414 (Comm)
Commercial Court
9 March 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/414.html
Recognition of foreign judgment - Articles 33 and 34 of the
Judgments Regulation, (EC) No.44/2001 - meaning of "default of
appearance" and "service" in Article 34.2. Whether "service" has a
formal meaning or is simply synonymous with notification or
delivery.
Arbitration
--------------
ABB AG v Hochtief Airport GmbH & Anr
[2006] EWHC 388 (Comm)
Commercial Court
8 March 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/388.html
Arbitration Award - application to set aside pursuant to s.68
Arbitration Act 1996 - whether serious irregularity causing
substantial injustice - to what extent should court go behind
reasons set out in Award to ascertain arbitrators' intentions
and/or conclusions.
Arbitration, Public International Law
------------------------------------------------
The Republic of Ecuador v Occidental Exploration & Production Co
[2006] EWHC 345 (Comm)
Commercial Court
2 March 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/345.html
The State of Ecuador challenged an Award under s.67 of the
Arbitration Act 1996, made by UNCITRAL arbitrators pursuant to the
terms of a Bilateral Investment Treaty ("BIT") between the USA and
Ecuador. The Award was in favour of Occidental Exploration and
Production Co ("OEPC"). Ecuador alleged that the arbitrators had
exceeded their jurisdiction because the dispute between Ecuador
and OEPC concerned "matters of taxation" so were outside the scope
of the BIT and could not be the subject of arbitration. The
challenge was rejected upon the facts and the correct construction
of the BIT. A further challenge to the Award under s 68 of the
Arbitration Act 1996 was also rejected. So was a contingent
application by OEPC under s.67 of the Act.
Arbitration
--------------
Sukuman Ltd v The Commonwealth Secretariat Colman J
[2006] EWHC 304 (Comm)
Commercial Court
27 February 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/304.html
There was a valid exclusion agreement under Section 69 of the 1996
Act although it was not expressly referred to in the arbitration
agreement but incorporated only by reference to the statute of the
Commonwealth Secretariat. Such incorporation would not be contrary
to Article 6 of the
Shipping
-------------
Ease Faith Ltd v Leonis Marine Management Ltd
[2006] EWHC 232 (Comm)
Commercial Court
23 February 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/232.html
A dead ship was being taken from Panama to be scrapped by a Yard
in China by a tug whose services were hired under a head towcon
and under a sub-towcon both of which were in standard
International Ocean Towage form. It was held that she was not
towed "at utmost dispatch" in accordance with the terms of the
sub-towcon, and was not towed in accordance with an obligation
upon the tugowner to be implied in the head towcon that she should
be towed with reasonable dispatch. With regard to the claim under
the head towcon, the court rejected the tugowner's argument that
the hirers were precluded by equitable estoppel from asserting
part of the delay upon which they relied. As a result of the
breaches of the towcons, the hirers were entitled to recover
damages in respect (inter alia) of a reduction in the price paid
to the hirers by the Yard, that claim not being precluded as "loss
of profit" within the meaning of clause 18.3 of the standard
International Ocean Towage form. A cross-claim by the tugowners
based upon an allegation that the deadship was not in "light
ballast condition as represented to them and as undertaken by the
hirers was dismissed, inter alia because the deadship was held to
be in light ballast condition within the meaning of the sub-towcon
and the head towcon.
Contract, Energy, Oil, Gas and Resources
---------------------------------------------------------
British Gas Trading Ltd v Amerada Hess Ltd & Anr Tomlinson J
[2006] EWHC 233 (Comm)
Commercial Court
23 February 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/233.html
North Sea gas depletion contract - whether notice to terminate on
ground of production no longer economic validly given - proper
construction of requirement for reasons in notice provision.
Shipping, Charterparty, Carriage of Goods by Sea
-------------------------------------------------------------------
Pentonville Shipping Ltd v Transfield Shipping Inc, M.V. "Johnny
K"
[2006] EWHC 134 (Comm)
Commercial Court
10 February 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWHC/Comm/2006/134.html
Voyage charterparty - vessel directed to sail without full and
complete cargo because of temporary unavailability of depth of
water caused by heap tides. Whether charterers liable to pay
deadfreight/damages - whether charterers responsible for direction
to leave the berth.
Crime and Punishment
===================
Tough Campaign to Tackle Rape
---------------------------------------------
Home Office Press Release
14 March 2006
http://digbig.com/4gser
Home Office Minister Fiona Mactaggart today launched a
thought-provoking Government advertising campaign warning men that
they could go to jail for rape if they have sex without consent.
Appellant Who Attacked Judge Fails to Have Conviction Set Aside
-----------------------------------------------------------------------------------------
Russell, R. v [2006] EWCA Crim 470
Ca
10 March 2006
BAILII Judgment
http://www.bailii.org/ew/cases/EWCA/Crim/2006/470.html
Defendant in attempted murder trial attacked judge as he was
summing up and tried to argue that this prevented a fair trial
before the same judge and jury. "It is self evident that no
defendant can obtain from actions such as this the termination of
his trial and a re-trial before a new tribunal. No fair minded
observer would conclude that continuing with the trial was unfair
or perceived to be unfair in such circumstances. There was
therefore no enquiry to be made of the jury; they were bound to
continue with the trial. They were properly directed to try the
case on the evidence they had heard and pay no regard to the
attempt to disrupt the trial. Indeed, as the judge correctly
observed, if a defendant was able to stop a trial and obtain a new
trial by acting in the way this appellant did, it would have the
potential of making trial by jury in this country unworkable."
Human Rights - Stop and Search - Terrorism
-----------------------------------------
R (Gillan) v Comr of Police of the Metropolis and another;
R (Quinton) v Same [2006] UKHL 12
HL
8 March 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/HLPC/mar0.6.htm
House of Lords Judgment
http://digbig.com/4gset
The powers to stop and search in ss 44 to 46 of the Terrorism Act
2000 were lawful in domestic law and not in breach of arts 5, 8,
10 or 11 of the Convention for the Protection of Human Rights and
Fundamental Freedoms.
Employment and Discrimination
=====================
Ending Age Discrimination in the Workplace
---------------------------------------------
DTI Press Release
9 March 2006
http://digbig.com/4gsew
The regulations (which will not affect the age at which people can
claim their state pension) will:
* ban age discrimination in terms of recruitment, promotion and
training;
* ban unjustified retirement ages of below 65; and
* remove the current age limit for unfair dismissal and redundancy
rights.
The following items are reproduced with the kind permission
of Daniel Barnett, barrister (http://www.danielbarnett.co.uk):
10 March 2006
What is 'Contemplating Dismissal'?
---------------------------------
The EAT has handed down a decision dealing with the transitional
provisions for the Employment Act 2002.
The statutory dismissal procedure (with impact on automatic
unfairness, compensation adjustments and, as in this case,
potential extensions of time for presenting a claim) applies to
dismissals after 1st October 2004, unless the employer 'first
contemplates dismissing...the employee' before 1st October 2004.
The employer had investigated an allegation of misconduct, with
the investigation concluding on 24th September 2004. On 25th
October, the Claimant was told he was facing a gross misconduct
charge with potential dismissal at the end.
The EAT (HHJ Peter Clark) upheld the employment tribunal's
decision that the employer had plainly contemplated dismissing the
employee prior to 1st October 2004, even though it had not told
the employee that it was contemplating dismissal. The threshold
for establishing that the employer was contemplating dismissal was
a low one. This meant that the statutory procedures did not apply,
and the Claimant was not entitled to an extension of time to
present his claim; thus his unfair dismissal claim failed.
Madhwoo v NHS Direct
EAT Judgment
9 March 2006
Agency Workers
------------------
The Court of Appeal has, this morning, handed down its judgment in
Cable & Wireless v Muscat.
Upholding the EAT and ET, the Court of Appeal affirmed the
principles in Dacas v Brook Street Bureau that an agency worker
could be an implied employee (and, on the facts in Cable &
Wireless, was an employee) of an end-user in a tripartite
agency/worker/end-user case.
The judgment of Smith LJ is well worth reading: she neatly
disposes of all the criticisms made of the Dacas case (including
the oft-cited criticism that the Court of Appeal in Dacas did not
consider that contracts can, in this circumstance, only be implied
on grounds of necessity).
Cable & Wireless v Muscat
BAILII Judgment
http://www.bailii.org/ew/cases/EWCA/Civ/2006/220.html
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/CACIV/mar0.6.htm
The essentials of a contract of employment were the obligation to
provide work for remuneration and the obligation to perform it,
coupled with control. It did not matter whether the arrangements
for payment were made directly or indirectly.
Age Discrimination - Final Age Regulations Published
------------------------------------------------------
The DTI has, today, published the final draft of the Employment
Equality (Age) Regulations 2006 and laid them before parliament.
They are stamped 'draft' as they have not yet been approved by
parliament.
A quick glance at the transitional provisions for the 'right to
request working beyond retirement' screams 'litigation,
litigation, litigation' !!
What's new in the final Regs?
Well, one person was brave enough to take me up on the challenge
of summarising the changes between the original draft Regulations,
and the final draft which came out this morning...
Louise Bland of Lupton Fawcett has produced this summary, which I
reproduce below...
* Regulation 3 – the controversial list of "examples" of
proportionate means of achieving a legitimate aim has been removed
(formerly Reg 3(2)).
* Regulation 7(4) – the wording has been amended so that those who
are older than the employer's retirement age (or 65), or who would
reach the employer's retirement age (or 65) within 6 months of
their application, are excluded from the protection for job
applicants.
* Regulation 11 (and Schedule 2) relating to pension schemes has
been amended, particularly the definitions. I haven't had time to
read all of this in detail.
* Regulation 14 – extension of protection to those seconded to the
Serious Organised Crime Agency.
* Regulation 30 – the point to note is that the exception relating
to retirement at 65 has not been extended to partnerships.
* The original regulations 30, 34, 35, and 36 have gone – these
created exceptions for work-related invalidity benefit schemes,
provision of benefits mirroring statutory benefits, provision of
more generous benefits to replace statutory benefits, and
provision of benefits before the statutory qualifying period.
* Regulation 32, relating to benefits based on length of service,
has been substantially reworded. All length of service benefits
are excepted unless the disadvantaged employee has more than 5
years' service, in which case the employer has to show that it
"reasonably appears" to him that the criterion of length of
service "fulfils a business need" such as encouraging the loyalty
or motivation, or rewarding the experience, of some or all of his
workers. A different slant on the original wording which possibly
makes these benefits easier to justify.
* Regulation 33 introduces a new exception relating to the
provision of enhanced redundancy payments – this effectively
replaces the old regulations 34 – 36 but in a more specific way.
* Regulation 34 introduces a new exception for the provision of
life assurance cover to retired workers who have retired early on
the grounds of ill health.
* There are several amendments to the Duty to Consider procedure
in Schedule 6
o References are to the "operative date of termination" instead of
to the date of "dismissal".
o Paragraph 2 (2) makes it clear that employers cannot rely on a
notification included in the contract of employment or a policy or
procedure given to the employee – a specific notification must be
sent in accordance with paragraph 2(1).
o Paragraph 5(2) now specifies exactly what the employee must
request – either that his employment continues indefinitely, that
it continues for a stated period, or that it continues until a
stated date.
o The time periods have changed (paragraph 7) – the meeting must
be held "within a reasonable period" after the employer has
received the request and the decision must be given "as soon as is
reasonably practicable" after the date of the meeting.
o The employer no longer has to consider the request "in good
faith".
DTI Age Discrimination Website:
http://www.dti.gov.uk/er/equality/age.htm
Law Society Handbook on Employment Law
----------------------------------------------
by Daniel Barnett and Henry Scrope
Third edition just published
49.95 GBP
Click here for more details
http://www.danielbarnett.co.uk/publications_lawsoc.htm
To subscribe to Daniel's Newswire, go to his smart new site:
http://www.danielbarnett.co.uk/bulletins.htm
Daniel Barnett Archive Now Available
---------------------------------------
By arrangement with emplaw, an archive for Daniel's bulletins is
now available: http://www.emplaw.co.uk.
Discrimination - Transfer of Undertakings Time Limit
----------------------------------------------------
Preston and others v Wolverhampton Healthcare NHS Trust and others
(No 3)
Fletcher and others v Midland Bank plc and others (No 3)
Hl
8 March 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/HLPC/mar0.4.htm
House of Lords Judgment
http://digbig.com/4gsex
Where a woman's employment was transferred from one employer to
another under the Transfer of Undertakings (Protection of
Employment) Regulations 1981 (SI 1981/1794), ("TUPE") any claim in
the employment tribunal in respect of the operation of an equality
clause had to be brought within six months of the date of the
transfer.
Here is Daniel Barnett's initial commentary on this decision:
Part-Time Pensioners: House of Lords Decision
-------------------------------------------------
The House of Lords has, this morning, delivered its opinion in
Powerhouse Retail Limited v Burroughs.
Arising from the 60,000 part-time pension cases brought in the
1990s, it deals with the narrow point of time limits for bringing
an equal pay claim when there has been a TUPE transfer.
Pension rights do not transfer under TUPE to the transferee. Thus
rights to claim for an equal pension for part-timers, implied by
the equality clause under the Equal Pay Act 1970, do not transfer
under TUPE.
Under s2(4) of the Equal Pay Act 1970, a claim must be brought
within six months of the last day on which the Claimant was
employed in the employment.
The transferors argued that the employment had ended in 1992, when
the TUPE transfer took place, and that the claims were presented
more than six months after that date. The employees argued that
employment should be regarded as continuing, under TUPE-fiction,
so that their claims were within time against the transferor.
The House of Lords unanimously accepted the transferor's arguments
(upholding the Court of Appeal). Time limits for an equal pay
claim will expire six months after the date of the TUPE transfer,
as that is the date on which the employment with the transferor
ends.
Family
====
Human Rights - Child Support Discriminatory?
-----------------------------------------------
M v Secretary of State for Work and Pensions [2006] UKHL 11
HL
8 March 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/HLPC/mar0.5.htm
House of Lords Judgment
http://digbig.com/4gsey
A divorced parent who was living with a same-sex partner was not
being discriminated against so as to be denied her rights to
respect for her private and family life and to protection of
property by her having to pay higher child support contributions
than she would have had to pay if she had been with a heterosexual
partner.
Practice Direction (Ancillary Relief: Costs)
--------------------------------------------
Fam. Div
20 February 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/FAM/mar0.1.htm
Guidance on the use of the new "no costs" rules which come into
force on 3 April 2006.
SexAdvice for Children
------------------------
The Queen on the application of Sue Axon v The Secretary of State
for Health (The Family Planning Association: intervening)
[2006] EWHC 37 (Admin)
Heard on 23 January 2006
Judgment published now
BAILII Judgment
http://digbig.com/4gsfa
If only all judges gave an index like description of their
judgments. This is worth reading just for that. Doctors have no
duty to tell a child's parents about advice given relating to
sexual matters in some circumstances. "The conclusions of the
judgment are set out in paragraphs 153 to 155 of the judgment and
the circumstances in which a medical professional can provide
advice and treatment on sexual matters to a young person without
parental knowledge and consent are set out in paragraph 154 of the
judgment. The claim has to be dismissed as the claimant is not
entitled to the relief claimed, particularly in the light of the
decision in Gillick, by which I am bound."
General
=====
Mental Capacity Act 2005 Code of Practice Consultation
-----------------------------------------------------------
DCA Press Release
9 March 2006
http://digbig.com/4gsfb
Significant changes to law and how care is provided to people
lacking mental capacity are set out in a draft Code of Practice
published for public consultation today. The Mental Capacity Act
2005 provides for the first time a legal framework and clear
safeguards for acting and making decisions on behalf of people who
are unable to do so for themselves, and for those wishing to make
provision in the event they lack capacity themselves in the
future. The provisions are due to come into effect around April
2007.
Government
========
101 To Be The New Single Non-Emergency Number
------------------------------------------------------
Home Office Press Release
8 March 2006
http://digbig.com/4gsfc
"The core service will cover:
* Vandalism, graffiti and other deliberate damage to property;
* Noisy neighbours;
* Intimidation and harassment;
* Abandoned vehicles;
* Rubbish and litter, including fly tipping;
* People being drunk or rowdy in public places;
* Drug related anti-social behaviour and
* Street lighting.
Following wide consultation with stakeholders, industry and
experts and research with the general public, it has been decided
that calls to 101 will be charged at a fixed rate of ten pence per
call whether from landlines or mobiles."
Immigration and Nationality
==================
Businessmen and Frequent Travellers to Benefit
From New Immigration Technology
------------------------------------------------
Home Office Press Release
10 March 2006
http://digbig.com/4gsfd
The Iris Recognition Immigration System (IRIS) will now enable
registered passengers to enter the UK without queuing to see an
immigration officer at passport control. Instead individuals
signed up to the scheme will be able to walk up to an automated
barrier, simply look into a camera and if the system recognises
them enter the UK, leaving immigration officers to concentrate on
other priorities.
Intellectual Property and Computers
========================
Trade Mark Registration in Country Where
Ordinary Foreign Word Distinctive
-------------------------------------------
Matratzen Concord AG v Hukla Germany SA (Case C-421/04)
ECJ
9 March 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/ECJ/mar0.1.htm
ECJ Judgment
http://digbig.com/4gsfe
"Matratzen" "Generic" in Germany but "Distinctive" in Spain.
Land and Environment
===============
Stronger Code for Sustainable Homes As Government Implements
New Building Standards to Tackle Climate Change
-------------------------------------------------------------------
ODPM Press Release
9 March 2006
http://www.odpm.gov.uk/index.asp?id=1002882&PressNoticeID=2093
Ministers have decided to strengthen the Code for Sustainable
Homes which sets higher standards for new homes to be rated
against, in order to increase environmental sustainability and
give home owners better information about the running costs of
their homes. In addition energy efficiency ratings - which form
one component of the Code - will be made mandatory for new homes
and existing homes. The ratings will be included in energy
performance certificates set out to EU standards.
Restrictive Covenant - Interpretation and Enforceability
--------------------------------------------------------
Sugarman v Porter and others [2006] EWHC 331 (Ch)
Ch. Div
8 March 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/CHAN/mar0.2.htm
In a conveyance where the benefit of a covenant was said to
benefit a vendor's land that remained unsold from time to time,
the effect was to annex the covenant to that land only for the
period in which the land remained unsold, so that upon sale of the
land, the covenant was not annexed and would only pass if there
was an express assignment.
Homelessness - Council's Offer of Suitable Private Accommodation
--------------------------------------------------------------------
Griffiths v St Helens Metropolitan Borough Council
[2006] EWCA Civ 160
CA
7 March 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/CACIV/mar0.5.htm
S 193(5) of the Housing Act 1996, as amended, was capable of
applying to any offer of suitable accommodation, including an
offer of an assured shorthold tenancy from a private landlord,
apart from a "qualifying offer" under s 193(7B) of the same Act.
Legal Practice and Lawyers
===================
Carter Review: Show Us the Evidence
---------------------------------------
Law Society Press Release
10 March 2006
http://digbig.com/4gsff
Much work is still needed to refine the impact of each proposal
before the final report in May. The Society's engagement will
include resistance to any proposals we believe are against the
best interests of clients and the dedicated practitioners who
serve them. We seek empirical evidence in support of all proposals
Publishing Disciplinary Findings
--------------------------------
Bar Council News
8 March 2006
http://www.barcouncil.org.uk/document.asp?documentid=3724
The [new] policy provides that findings against barristers
resulting in sentences that do not include a period of suspension
or disbarment will only be posted on the website for a period of
two years normally starting from the date of the decision.
However, where a suspension or disbarment is involved, the finding
will remain on the website indefinitely.
Litigation, Courts and Human Rights
========================
Human Rights against Local Authority
Whether European Court Decisions Take Precedence
Over House of Lords
-------------------------------------------------------
Kay v Lambeth London Borough Council; Leeds City Council v Price
[2006] UKHL 10
HL
8 March 2006
Daily Law Notes Report Summary
http://www.lawreports.co.uk/WLRD/2006/HLPC/mar0.7.htm
House of Lords Judgment
http://digbig.com/4gsfg
A public authority landlord's unqualified right to possession
under domestic law would automatically supply the justification
under article 8(2) of the European Convention on Human Rights for
interference with an occupier's right to respect for his home
under article 8(1) save in an exceptional case where it was
seriously arguable that domestic law was not compatible with the
Convention; a claim based on the defendant's personal
circumstances was not permissible.
". . . domestic courts were not strictly required to follow
rulings of the Strasbourg court but they had to give practical
recognition to the principles it expounded. . . "
Human Rights - Costs Orders and Presumption of Innocence
--------------------------------------------------------------
Case of Yassar Hussain V. the United Kingdom
ECHR
7 March 2006
ECHR Judgment
http://digbig.com/4gsfh
If the link does not work go to the search page:
http://cmiskp.echr.coe.int/tkp197/search.asp?skin=hudoc-en
and enter the Application number: 8866/04
The reasons given by the judge for refusing the costs order were
"There is clear evidence on the court papers ... there is
compelling evidence in respect of those matters". The only natural
interpretation which can be put on those words is that the judge
was refusing the order because he was of the view that, although
the key witness had not given evidence and the applicant had been
acquitted, the applicant was, in fact, guilty of the offence.
This amounts, in the view of the Court, to a reliance on
suspicions as to the applicant's innocence after he had been
acquitted, and is incompatible with the presumption of innocence.
There has accordingly been a violation of Article 6 § 2 of the
Convention.
The Insolvency Proceedings (Fees) (Amendment) Order 2006
---------------------------------------------------------------
SI 2006/561
Comes into force 1 April 2006
http://www.opsi.gov.uk/si/si2006/20060561.htm
Article 2(2) of this Order increases the amount of the various
deposits payable pursuant to article 6 of the 2004 Order. Article
2(3) reduces the deposit payable under article 7(1) of the 2004
Order in connection with the registration of an individual
voluntary arrangement and the performance by the official receiver
of the functions of nominee in relation to such an arrangement.
The Table of Fees in Schedule 2 to the 2004 Order is amended by
article 2(4) of this Order so as to reduce the fee currently
payable to the Secretary of State to register an individual
voluntary arrangement, fee IVA1, from 35 to 15 GBP. These
amendments are subject to the transitional provisions in Article
6.
Money, Property and Tax
=================
Forget 'Charity Certificates' - Use the Web
-------------------------------------------
Charity Commissioners Press Release
14 March 2006
http://digbig.com/4gsfj
The Commission's Chief Executive, Andrew Hind, said,
"If your clients are registered charities there is a quick, easy
and accurate way to check - look them up on our online register of
charities and print off their entry. For those who want to
continue claiming Stamp Duty Reserve Tax exemption this really is
the only proof needed that they are what they say they are."
Useful for SDLT exemptions too presumably.
Personal Injury
==========
THE INDUSTRIAL INJURIES ADVISORY COUNCIL (IIAC)
ANNUAL REPORT 2005/6
-------------------------------------------------------------------
DWP Press Release
14 March 2006
http://digbig.com/4gsfk
In the past year IIAC completed reports on vinyl chloride monomer,
silica-related renal and connective tissue diseases, sporting
injuries and occupational voice loss. Currently it is completing
its review of the complete list of the prescribed diseases,
occupational coverage of chronic bronchitis and emphysema,
work-related upper limb disorders and extrinsic allergic
alveolitis. The report outlines IIAC's programme for 2006/7
including a review of occupational back pain and cervical
spondylosis.
Presumably a good source of information for lawyers.
Cases Generally
===========
lawindexpro - As Good As Ever
---------------------------------
Now with 104,774 cases indexed (with over 200 added in the
last week) and over 237,501 references.
David Swarbrick continues to expand the usefulness of lawindexpro.
He has now started a Forum section with a number of different
areas fro raising questions, making comments and generally trying
to create a community on line for hard-working lawyers. David
will moderate the site - he seems to live a 25 hour day!
Try it for yourself:
http://www.lawindexpro.co.uk/cgi-bin/yabb2/YaBB.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/.
Wine Buying Section
==============
Budget Day Pending - Better Buy Some Wine?
-----------------------------------------------
Threshers has an unbeatable offer on at the moment - buy two
bottles of wine and get a third free. This applies to any wines
in stock. To find their nearest store go to:
http://www.victoriawine.co.uk/htm/t_storefinder.htm
http://www.asda.com has 10% off any 6 or more bottles when ordered
from the website. Plus free delivery on orders over 75.00 GBP. A
better deal than Tesco's 5% discount and free delivery over 99 GBP
( http://www.tesco.com/winestore/ ) but the selection, under
"Groceries," does not compare (nor does it claim to).
Oh What Lovely Law!
===============
No Time for A Round-Up
---------------------------
Court Censures Attorney for Making 45 Minutes Equal One Hour of
Work
by Terry Carter
http://www.abanet.org/journal/ereport/m10time.html
An interesting discussion of billing practices in Kansas and
elsewhere. The views of what is permissible range from allowing
the uplift of 45 minutes to 1 hour to stating that modern
technology is sufficiently sophisticated to measure exact time
spent and so make rounding of any sort unethical.
Take note of the LexisNexis advert on that page - why don't we get
the full LexisNexis service in the UK??
Legal Practitioner
==================
More useful stuff from Consilio:
Training
--------
"Legal Practice Course Providers - Law Society Assessment Table"
http://www.spr-consilio.com/lpcproviders.htm
Consilio have listed all the LPC providers in the country and have
reviewed all The Law Society assessment visit reports. The list
was compiled from the information available on The Law Society
website on 16th February 2006.
Read article:
Contract Law
------------
"Duress and Undue Influence" by Mike Semple Piggot
http://www.spr-consilio.com/art089.htm
At common law if a party enters into a contract under duress the
contract may be set aside on ground of duress unless it has been
affirmed expressly or impliedly after the duress has been
withdrawn.
Any feedback is welcome, positive or not - we do listen and learn.
Regards
Steve
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