Newswire 94
Legal Newswires
By Steve Butler and Joe Reevy
Number 94
30th March 2006
I am pleased to announce that our website has started to function
at last. Have a look at it here:
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Some of you will be receiving a trial run of "UKLawyers Express"
an abbreviated version of the newswire, as well as this version.
An HTML version will also follow in the next few weeks. This
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Please give feedback about this using the form provided.
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Contents
======
The Leading Question - Revolution in the Making?
Inland Revenue Budget Notes Feature
DCA Legal Aid Reports Feature
Site Of The Week - Property Law UK
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
"The Oldie" Section
Oh! What Lovely Law!
Legal Practitioner
The Leading Question
~~~~~~~~~~~~~~
Revolution in the Making?
-------------------------
Last Wednesday afternoon I phoned Joe Reevy and caught him
struggling to make sense of the Budget so that he could prepare
his annual summary. The first thing he said to me was "Have you
seen what he's (The Chancellor) done about trusts?" I hadn't at
that stage and Joe went on to explain to me that the Chancellor
had made revolutionary changes to the rules about accumulation and
maintenance trusts and that all hell was going to break loose as a
result.
As usual he had hit the nail on the head. The press has picked up
on this and eminent QC's have been writing to the papers
criticising the new regime. The government propaganda about the
new rules only affecting the 100,000 most wealthy people in the UK
is just nonsense. Many wills, and even possibly the Intestacy
rules, are going to have to be reconsidered as a result of the
proposed new scheme and even the Law Society has spoken out
against it. I am acting in the estate of one client where the
mother wrote her own will incorporating a badly drawn trust for
her son to take the benefit of money when he is 25. When the will
was written just after the child was born the mother was
impecunious. At the time of her death she was well off and IHT is
biting hard. The child now 13 and an orphan, is having to suffer
the consequences and the new rules which will affect him directly
for the next few years in ways which her mother would never have
foreseen. We are going to seek counsel's opinion but this is a
cost a child should not have to be concerned with.
The fact that the new rules are retrospective ("retroactive" in
the Chancellor's words) is a nasty twist in the tail of the
legislation.
Then last night I went to see "V for Vendetta" starring Natalie
Portman and Hugh Weaving. It is a film about a Chancellor who
takes dictatorial control of the UK after gradually passing more
and more laws which restrict liberty and sap the will of the
populace to object. A victim of the abuse turns the tables on the
government and orchestrates a revolution. The film has generally
been panned by the critics but in fact it was much better than I
had been led to believe and well worth seeing.
Chancellors gradually changing laws? Populace powerless to
prevent it? Where have we heard that before? Is this the thin
end of the wedge? If so, is the government also planting the
seeds of its eventual downfall? Will it be my 13 year old client
who, thoroughly disgusted by his treatment by the tax authorities,
in 20 years time orchestrates a revolution and turns the tables on
the Chancellor?
Regards
Steve Butler
Solicitor
Newswire Editor
mailto:smb@e-solicitors.co.uk
See below for Budget links.
Law Society Parliamentary Briefing:
http://digbig.com/4gydx
V for Vendetta website:
http://vforvendetta.warnerbros.com/index2.html
Inland Revenue Budget Notes Feature
==========================
Inland Revenue Budget Notes
Millions of them
http://www.hmrc.gov.uk/budget2006/index.htm#bn
Here is a sign of generosity by the Revenue:
Transitional Arrangements for Home Computer Schemes
---------------------------------------------------------
Following the Chancellor's budget announcement abolishing the tax
exemption on the provision by employers of computer equipment for
private use with effect from 6 April 2006, in response to a number
of enquiries, HMRC confirm that anybody who has had a computer
made available for private use before 6 April 2006 will not be
affected by the change. If an employee entered into an HCI scheme
arrangement with their employer before 6 April 2006, and under
that arrangement the employer is committed to provide a computer
to the employee, but for reasons beyond their control the employee
cannot take physical possession of the computer until 6 April or
later, HMRC accepts that the computer exemption will apply to the
provision of that computer.
http://www.hmrc.gov.uk/news/home-computer.htm
******** BUDGET SPECIAL ***********
Go to
http://www.uklawyers.co.uk/cms/section/joes_budget_march_2006.html
for Joe Reevy's Annual Budget Summary
All the complicated stuff the papers don't print in a way you and
your clients can understand.
***********************************
DCA Legal Aid Reports Feature
======================
DCA Reports
Civil legal aid and advice: reports March 2006
On 23 March 2006, several reports were published about civil legal
aid. The Legal Services Commission [LSC] published two reports:
'Causes of Action' and the 'Community Legal Service Strategy'.
Both these reports are available on the LSC website. We published
two reports 'Getting better, earlier advice to vulnerable people',
and 'Estimating the size and nature of the civil legal advice
sector in England and Wales'.
Getting better, earlier advice to vulnerable people
This report, proposed in a fairer deal for legal aid aims to
develop a strategy for helping people, especially the vulnerable
and socially excluded, to more easily obtain independent advice to
resolve problems they face and disputes in which they become
involved. It uses new evidence to provide a better understanding
of the damaging effects of unresolved problems and disputes on
people's lives and people's experiences of trying to resolve them.
* Getting better, earlier advice to vulnerable people: full report
[PDF 1,079 kb, 20 pages]
* Accessible version of report in two parts to download more
quickly
* Getting better, earlier advice to vulnerable people: Part 1 [PDF
211 kb, 20 pages]
* Getting better, earlier advice to vulnerable people: Part 2 [PDF
110 kb, 20 pages]
Estimating the size and nature of the civil legal advice sector in
England and Wales
This is a study of people who represent themselves in court cases,
except small claims and criminal cases. It explains why they
represent themselves, the problems they face and has suggestions
for improvements to the services they use. The full report is
available in our research reports section.
"Advice involves some form of dialogue and analysis of the problem
before any forms of action can be determined. Providers of advice
are involved in a translation process of hearing (and sometimes
questioning) a problem and providing appropriate solutions."
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*************************************************
Courses - Property Law UK
===================
Residential Possession Claims
May 9,10 and 11; June 6, 7 and 8.
Gary Webber, Barrister
A detailed course dealing with all matters relevant to a claim for
possession in respect of an assured or assured shorthold
tenancy. The course will be run in a relaxed manner with plenty
of time for questions and discussion. All topics will be brought
up-to-date with the latest legislative and case law changes.
http://www.propertylawuk.net
http://www.legaleasel.co.uk
For more details go to:
http://www.legaleasel.co.uk/viewgrp/4.php
If you have a query:
Tel: 020 7722 5400 Fax: 020 7586 0302
Email: admin@legaleasel.co.uk DX: 57565 HAMPSTEAD
Site of the Week
===========
http://www.conveyancingmonth.com/
The UK's first monthly on-line journal dedicated to conveyancers!
Something which I guess Gary Webber, who has been publishing on
the web for years, will be surprised to hear!
But the mag is interesting anyway.
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
=================
Law Resource Closes Down
-----------------------------
Commercial and Admiralty Court
http://www.akabo.co.uk/judgmentindex.htm
This appeared on the site of the usual index:
The Index of Commercial and Admiralty Court Judgments was started
in 1997 in order to provide information about the judgments of
these Courts, many of which were not reported. In the absence of
online databases it was difficult to obtain information regarding
unreported judgments of these Courts. Over 400 judgments of the
Commercial and Admiralty Courts decided since 1998 are now freely
available online at BAILII, and can be searched using the BAILII
search engine. These and many older judgments are also available
from commercial providers of law reports databases. In these
circumstances, the Judges of the Commercial and Admiralty Courts
have decided to discontinue the Index of Commercial and Admiralty
Court Judgments.
The devil in this is that the court now expects users to approach
commercial providers and pay for for the older cases not on
BAILII.
The useful service which the court provided was to analyse the
cases as to subject matter and provide a (very) brief summary.
BAILII, for all its usefulness, does not even attempt to do that
at all.
Small Company - Oppressive Management - Share Valuation
-------------------------------------------------------
Irvine and another v Irvine and another [2006] EWHC 583 (Ch)
CH.D.
23 March 2006
Daily Law Notes Report Summary
When valuing a minority shareholding in a limited company
following a buy-out ordered by the court under s 459 of the
Companies Act 1985, the shares should be valued on a discounted
basis unless there were exceptional circumstances.
Crime and Punishment
====================
£2.5 Million for Victims of Rape and Domestic Violence
---------------------------------------------------------
Home Office Press Release
29 March 2006
Victims of domestic and sexual violence will be better supported
thanks to £2.5 million in new funding announced today by
Baroness Scotland QC, Minister of State for Criminal Justice and
Offender Management, at the National Domestic Violence Conference.
The funding is part of the Government's ongoing work to reduce
gender-based violence and ensure the needs of victims are met at
every stage of the criminal justice process.
Manchester to Pilot Victims' Advocates
----------------------------------------
DCA Press Release
27 March 2006
Relatives of murder or manslaughter victims in Manchester will
have the opportunity to make a personal statement in court before
sentence, in trials where someone is charged with murder or
manslaughter after 24 April.
Cross-examination When Defendant Not Giving Evidence
----------------------------------------------------------
Ebanks (Kurt) v The Queen [2006] UKPC 16
Provy Council
27 March 2006
Daily Law Notes Report Summary
It is the duty of defence counsel in a criminal case to put the
defendant's case, whether or not he intends to call evidence to
support it. If it is alleged that police officers have lied, there
can be no proper objection to cross-examination which successfully
exposes those lies, even if the defendant does not subsequently go
into the witness box to give positive evidence about those lies.
Life Sentence - Factors In Determining Minimum Sentence
-----------------------------------------------------------
In re Cadman's Application [2006] EWHC 586 (Admin)
QBD
23 March 2006
Daily Law Notes Report Summary
Employment and Discrimination
=====================
The following items are reproduced with the kind permission
of Daniel Barnett, barrister (http://www.danielbarnett.co.uk):
28 March 2006
Polkey Reductions
-------------------
The Court of Appeal has handed down an important decision
emphasising the wide discretion that a tribunal has to make a
Polkey reduction. The case, Gover v PropertyCare Limited is
authority for the following propositions:
* a Polkey reduction (i.e. that a dismissal would have occurred,
or probably occurred, in any event if a fair procedure had been
followed) is a matter for the impression and judgment of the
tribunal. An appellate court should not interfere lightly with the
tribunal's assessment (para. 22)
* this is part of the overriding obligation to award compensation
that is 'just and equitable'. Whilst not saying so in terms, King
v Eaton (no. 2) (that tribunals should only 'reconstruct' the
world as it would have been if it can be done reasonably easily)
is thrown into considerable doubt (para. 19)
* more generally, the Court of Appeal cast doubt on the
long-standing assumption that appeals to the Court of Appeal
involve a review of the employment tribunal's reasoning, rather
than that of the EAT (see para. 8)
This decision is quite complicated, but important nevertheless.
Gover v PropertyCare Ltd.
BAILII Judgment
27 March 2006
Response Forms
-----------------
The EAT has handed down yet another decision taking a common-sense
approach to the overzealous application of the procedural rules.
This case is authority for the proposition that the administrative
rejection of a Response by the Secretary (not a chairman) is a
'decision' which is capable of review.
A few weeks after the prescribed Response Forms became compulsory,
the Respondent sent a Response Form which it had downloaded from
the ETS website. As is now well-known, the forms on the website
were not prescribed, and so the Response was rejected.
Still within the 28 days, the Respondent lodged another Response
Form. This one was also rejected, on the apparent basis that the
boxes were the wrong size and so the ETS could not scan the form
into their computer (HHJ Burke QC, at paragraph 7 of the judgment,
commented that he could not see how the boxes could be said to be
of the wrong size).
On appeal, HHJ Burke held:
* tribunals have power to review the administrative decisions of
the Secretary not to accept a Claim or Response Form on the basis
it is a 'decision' within the meaning of the rules - therefore the
power of review exists
* there is no requirement in the Rules about the size of the text
or the boxes, or a need to be able to scan the forms into the
ETS's computer system. Thus there was no valid reason for
rejecting the Response Form
* since no tribunal could reasonably decide otherwise on review,
it was appropriate to allow the appeal and substitute a decision
that the Response Form should be accepted.
Butlins v Beynon
EAT Judgment
22 March 2006
Collective Redundancies
-------------------------
The DTI is proposing a minor amendment to the law on collective
redundancies, to bring UK legislation in line with the ECJ
decision in Junk Kuhnel.
The amendment to s193 of TULR(C)A 1992 will make it clear that
employers must notify the Secretary of State at least 30 (or 90)
days before any notice of redundancy has been issued, rather than
before notice of redundancies takes effect.
The DTI is consulting on the wording of the proposed Collective
Redundancies (Amendment) Regulations 2006 (consultation closes 9th
June 2006). It is intended to bring the change into force in
either October 2006 or April 2007.
The DTI does not intend to amend s188 of TULR(C)A 1992 (requiring
employers to inform and consult employee representatives) as it
believes that obligation to inform and consult "in good time" and
at least 30/90 days before the first of the dismissals takes
effect is not inconsistent with Junk (the logic of amending one,
but not the other, does rather escape me). It is, however,
amending its Guidance Notes on redundancy consultation.
View consultation paper here (large .pdf file - takes about 45
seconds to download on broadband):
http://www.dti.gov.uk/er/collective_redundancies.pdf
Law Society Handbook on Employment Law
----------------------------------------------
by Daniel Barnett and Henry Scrope
Third edition just published
£49.95
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.
Cases from Industrial Case Reports
Continuous Employment
-------------------------
Cornwall County Council v Prater: [2006] EWCA Civ 102
CA
24 February 2006
Daily Law Notes Report Summary
Teacher employed by council to teach remedially at home of pupils.
Hours not set. Was this continuos employment? Held: Once each
individual contract was entered into and continued, the claimant
was obliged to teach the particular pupil made available to her
and the council was obliged to pay her for teaching that pupil,
and that was sufficient mutuality of obligation, relating to the
work provided and performed under the contract, to establish that
each teaching engagement was a contract of service.
Restraint of Trade
------------------
Allan Janes LLP v Johal: [2006] EWHC 286 Ch
Ch.D.
23 February 2006
Daily Law Notes Report Summary
In 2000, the claimant firm of solicitors employed the defendant as
an assistant solicitor. The defendant's contract of employment
contained a covenant that the defendant would not, after the
termination of her employment, practise as a solicitor at any
place within a radius of six miles of the claimant's the office,
for a period of 12 months, (HELD UNREASONABLE) and a covenant
prohibiting the defendant, for a period of one year after
termination of her employment, from directly or indirectly acting
as a solicitor for any person who had been a client of the
claimant in the previous year (HELD REASONABLE).
Apprenticeship
--------------
Flett v Matheson: [2006] EWCA Civ 53
CA
7 February 2006
Daily Law Notes Report Summary
The Applicant was dismissed less than 12 months into an
apprenticeship. The CA allowed his appeal. Since the agreement
required the applicant to work for the employers as an apprentice
while earning wages from them and training for a period of
considerable length with their support to qualify as an
electrician, the agreement had the essential features of a
contract of apprenticeship. Under the agreement, if continuation
of the arrangement did not suit the circumstances of the employer,
the employer had to try to find an alternative employer, . . . .
Sex Discrimination
------------------
New Southern Railway Ltd v Quinn
EAT
28 November 2005
Daily Law Notes Report Summary
Pregnant employee demoted and suspended. The tribunal found that
the decision to suspend the claimant had been taken, not with
regard to the risk assessment or the Management of Health and
Safety at Work Regulations 1999, but by reason of the personal
feelings of the employer's managers to which it attached a health
and safety label; and that, therefore, the claimant had not been
suspended from work on maternity grounds. But they went on to
find the employer discriminatory in demoting her. The employer
appealed without success and the EAT found, inter alia, that the
continuing monthly breach of contract prevented the running of
time against the claimant.
Family
====
Report: Lord Justice Wall on child homicides
24 March 2006
This report was prepared by lord Justice Wall in response to a
report published by Women's Aid on 29 children killed by their
fathers at the end of their parents' relationships. The report
assesses whether the courts and judiciary were in any way to blame
for the tragedies that occurred.
"I recommend that you invite the Family Justice Counsel
(Council?)to consider and to report to you, in a multi-
isciplinary context, on the approach which the courts should adopt
to proposed consent orders in contact cases where domestic
violence is in issue. Possible terms of reference would be those
set out by the judge in the case of TB, namely:
"This tragic case raises a difficult question. When is it
appropriate for a judge to refuse to approve a consent order
agreed between well represented parents as to arrangements for
their children, in circumstances when the court has not made any
findings as to cross-allegations of domestic violence? I think
the lesson to be learned is that there are some cases when the
court should decline to approve an agreed order until it has heard
evidence, and made findings. The difficulty is spotting such
cases, particularly if the family court advisor is neutral, or
largely supportive of contact." "
Separate Representation Of Children In Private Cases
------------------------------------------------------
"Research into the operation of Rule 9.5 of Family Proceedings
Rules 1991"
DCA Report
http://www.dca.gov.uk/majrepfr.htm
Sets out recommendations for improving the facilities available to
children who need separate representation.
An Investigation of CSA Maintenance Direct Payment
------------------------------------------------------
DWP Press Release
21 March 2006
At present, child maintenance payments can be paid in two ways:
the Collection Service (CS), where payments are processed by the
CSA; or Maintenance Direct (MD), where the non-resident parent
(NRP) makes payments to the parent with care (PWC) directly. The
research study examined the extent to which MD may be appropriate
for CSA clients and the influences and experiences that may impact
upon parental decisions to adopt such a payment method.
Government
========
Council Tax Increases for 2006/07 Announced
-----------------------------------------------
ODPM Press Release
27 March 2006
Figures for 2006/07, published today by the Office of the Deputy
Prime Minister, show that the average Band D increase will be
4.5%. The increase for 06/07 would have been 4.2%, but for the
council tax element of the funding package for the 2012 Olympics
that affects London. Most local authorities have heeded the
warnings from ministers against setting excessive council tax
increases. However Mr Woolas has also announced today that two
local authorities have been "designated" with a view to in-year
capping: these are York City Council and Medway Borough Council.
Major Milestone Reached for Devolved Decision
Making for Local Areas
--------------------------------------------------
ODPM Press Release
23 March 2006
Devolved decision making for local government took a major leap
forward today as the signing of 66 new Local Area Agreements
(LAAs) was announced by Minister of Communities and Local
Government David Milliband. This builds on the success of 21 pilot
Agreements, and is a significant milestone in the roll out of LAAs
across the whole of England by April 2007.
Voting Regulations Change
---------------------------
The Representation of the People (England and Wales) (Amendment)
Regulations 2006
SI 2006/752
Explanatory Memorandum
New rules about postal and proxy voting arrangements amongst other
things.
International/Europe
=============
Mauritius - Restriction on Right to Bail Unlawful
-------------------------------------------------
State of Mauritius v Khoyratty [2006] UKPC 13
Privy Council
22 March 2006
Daily Law Notes Report Summary
Privy Council Judgment (WORD)
An amendment to the Constitution of Mauritius which purported to
curtail the jurisdiction of the court to grant or withhold bail in
respect of certain offences was invalid because its effect was to
alter a deeply entrenched provision of the Constitution and it had
not been passed in accordance with the procedure required for such
a major constitutional amendment.
Who said the Privy Council was redundant?
Land and Environment
===============
Extended Plans for Improved Water Efficiency in Housing
----------------------------------------------------------
ODPM Press Release
28 March 2006
New proposals to drive up water efficiency in new and existing
homes will be the focus of a consultation to be issued this
Summer. Regulations on water efficiency will apply to new homes,
the extension and refurbishment of existing homes and to the
refitting of bathrooms and kitchens. The aim is to reduce water
use through things like low and dual flush toilets and other
improvements to taps, showers and washing machines.
More Help for First Time Buyers
---------------------------------
ODPM Press Release
26 March 2006
Speaking a shared equity conference in London on Tuesday, the
minister will announce details of 23 new 'Homebuy Agents' - one
stop shops to give first time buyers clear advice on how they
could be helped by the new Homebuy scheme by buying a part share
in properties with the rest of the costs met by lenders and
registered social landlords.
Residential Property Tribunals Established
------------------------------------------
The Residential Property Tribunal Procedure (England) Regulations
2006
Coming into force 13 April 2006
SI 2006/831
Explanatory Memorandum
These applications concern or relate to provisions in the Act and
the 1985 Act about powers of a Local Housing Authority ("LHA") in
connection with housing conditions and enforcement of housing
standards, including emergency remedial action; demolition orders
and slum clearance; regulation of houses in multiple occupation;
management of dwellings and empty dwellings; and overcrowding.
Replaces County Court jurisdiction. Fees will be 150 GBP.
Legal Practice and Lawyers
===================
Judicial Discipline
------------------
The Judicial Discipline (Prescribed Procedures) Regulations 2006
SI 2006/676
Explanatory Memorandum
The regulations prescribe the procedures to be followed in the
investigation and determination of allegations of misconduct by
judicial office holders under chapter 3 of Part 4 of the
Constitutional Reform Act 2005 (c.4). The procedures govern the
exercise of the Lord Chancellor's powers to remove judicial office
holders and the Lord Chief Justice's statutory powers formally to
advise, warn or reprimand them, or to suspend them from office.
Coming to force 3 April 2006
Legal Aid Financial Limits Increase
-----------------------------------
Community Legal Service (Financial) (Amendment) Regulations 2006.
SI 2006/713
Commences 10 April 2006
Increases Benefit limits for legal help etc
Litigation, Courts and Human Rights
========================
Foreign Funeral Payments To Benefit Claimants
------------------------------------------------
Esfandiari and others v the Secretary of State for Work and
Pensions
CA
23 March 2006
BAILII Judgment
Refusal of Foreign Funeral Payments To Benefit Claimants Not
Discriminatory or in Breach of Human Rights
Schools Can Control Uniforms
-------------------------------
R (Shabina Begum) v Head Teacher and Governors of Denbigh High
School [2006] UKHL 15
HL
22 March 2006
House of Lords Judgment
Daily Law Notes Report Summary
A refusal to allow a pupil to attend school unless she wore the
prescribed school uniform and not the jilbab, a garment which she
said conformed with her strict religious beliefs, did not amount
to an interference by the school with the pupil's right to
manifest her religion or a denial of her right to education.
Exclusion From School and Human Rights
-------------------------------------------
Ali v Head Teacher and Governors of Lord Grey School [2006] UKHL
14
HL
22 March 2006
Daily Law Notes Report Summary
House of Lords Judgment
A pupil's exclusion from his school did not amount to a denial of
his right to education under art 2 of the First Protocol to the
European Convention for the Protection of Human Rights and
Fundamental Freedoms as scheduled to the Human Rights Act 1998
when the pupil had access to educational facilities outside the
school or at another school.
Money, Property and Tax
==================
Jones v Garnett: Further Advice - Revenue to Appeal
------------------------------------------------------
HMRC Advice
24 March 2006
HMRC have been given leave to appeal against the Court of Appeal's
decision in the Arctic Systems case and we will lodge our appeal
shortly. Taxpayers who think they may be affected should continue
to follow the guidance issued by HMRC in January when completing
their tax returns.
Protection For Foreign Credit Card Transactions
-------------------------------------------------
Office of Fair Trading v Lloyds TSB Bank plc [2006] EWCACiv 268
CA
22 March 2006
Daily Law Notes Report Summary
S 75(1) of the Consumer Credit Act 1974, under which lenders who
provided credit for the purchase of goods or services incurred
"connected liability" for any misrepresentation or breach of
contract proved against a supplier, applied regardless of whether
the relevant transaction had taken place inside or outside the
United Kingdom.
Cases Generally
===========
lawindexpro - As Good As Ever
---------------------------------
Now with 105,357 cases indexed (with over 500 added in the
last week!) and over 239,260 references.
David Swarbrick continues to expand the usefulness of lawindexpro.
He has now started a Forum section with a number of different
areas for 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/.
"The Oldie" Section
=============
"The Oldie" is a magazine where the title is a lie. Yes, it is
aimed at the over 50's, but no it is not old fashioned. It is
more like "Punch" than "Private Eye" but it has elements of both.
If you read this it will help to keep you young!
http://www.theoldie.co.uk/
Oh What Lovely Law!
===============
Dumb Laws
http://www.dumblaws.com/laws/international/
This is a collection of dumb laws from different countries. Some
of the choices say as much about the person making the choice as
the country where the laws have been passed.
Is this Swedish law so dumb?
A fee is levied on each purchaser of any plastic bottle which is
returned upon return of the bottle.
Even so it is a source of harmless fun.
Legal Practitioner
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Consilio and Human Rights
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Falun Gong is an ancient Chinese discipline whose practice is said
to enhance the powers of doctors to treat patients and patients to
heal themselves. Whether or not these claims are correct you can
judge for yourself on the Falun Gong web site:
http://digbig.com/4gyem
The Chinese authorities consider this to be a practice which is
against communism and so are said to be persecuting its
practitioners, currently using them for the harvesting of organs
for transplant purposes (yes, you will need to read that again).
Read the Consilio article which highlights their plight:
Sujiatun Death Camp: Putting Conscience on Trial
By Shizhong Chen
http://www.spr-consilio.com/art106.htm
Consilio and Law
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Law of Contract
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"Penalties and Liquidated Damages Clauses"
by H. Panford Senior Lecturer at Thames Valley University
http://www.spr-consilio.com/artcontract8.htm
A clause in a contract which stipulates that a sum of money will
be payable in the event of a breach or breaches of a contract, may
be enforceable as a genuine pre-estimate of the loss or void as a
penalty.
Any feedback is welcome, positive or not - we do listen and learn.
Regards
Steve
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