Newswire 95

uklawyers legal newswires

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

By Steve Butler and Joe Reevy

Number 95

6th April 2006

This week we are trying a two part newswire.

Part One is "UKLawyers EXPRESS", the quicker way to see the

subject matter you want on our website. One click for each legal

subject. This is a trial and it will be easier to operate when we

get the HTML version issued in due course.

Part Two is the traditional full uklawyers legal newswire.

Everything is there just like it used to be - legal material and

light relief.

Almost everything on the newswire is now somewhere on the site.

We are still sorting things out but soon everything should be

working perfectly - all I'll need is the time to work out the

quickest way to get it all on line and into your mailboxes.

Any comments would be most welcome:

UKLawyers E X P R E S S . . . . .>>>>

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

Legal Newswires on the Run

By Steve Butler and Joe Reevy

Number 2

6 April 2006

Only 14 links take you to the latest legal news.

Up to date to 6 April 2006.

Commercial and Contract

Crime and Punishment

Employment and Discrimination

Family

General

Government

Immigration and Nationality

Intellectual Property and Computers

International/Europe

Land and Environment

Legal Practice and Lawyers

Litigation, Courts and Human Rights

Money, Property and Tax

Personal Injury

http://www.uklawyers.co.uk/cms/category/lt_pi

FULL uklawyers legal newswire on the website - issue 95

http://www.uklawyers.co.uk/cms/section/newswires.html

BUT also reproduced in full 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.

To make sure you continue to receive our e-mails in your inbox,

please add smb@e-solicitors.co.uk to your address book or safe

sender list.

New EAT Website Feature

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

an impressive new-look website to replace the old EAT site,

following the move of the employment tribunals service from the

DTI to the Lord Chancellor's Department over the weekend.

However, an unfortunate consequence is that all links to judgments

have changed to WORD documents (which means that all previous

links to EAT judgments on these newswires will not work).

Emplaw had the same problem, initially, but has now solved it on

the emplaw site (for subscribers):

But don't forget that many EAT judgments were also on BAILII:

If you know the case name or number you should be able to find the

case in its new Word format by using the new improved search

engine:

Or just look at the most recent cases:

This is where the forms are stored:

http://www.employmentappeals.gov.uk/publications/publications.htm

EAT Tribunal Rules 1993 (PDF)

http://www.employmentappeals.gov.uk/publications/documents/rules.pdf

The web address is the same - but it does look far more

professional!

SOCA Feature

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

Following the merger of the National Crime Squad and National

Criminal Intelligence Service the new SOCA website, with the fancy

logo, is at:

Information and Disclosure forms - an online facility will be

available soon.

SOCA has new powers:

SOCA officers will be able to draw on wide-ranging new powers to:

* compel individuals to answer questions in interviews with

prosecutors and produce documents on demand;

* strike deals with informants and convicted offenders to turn

Queen's Evidence;

* use enhanced powers of confiscation in respect of proceeds of

crime investigations; and

* use Financial Reporting Orders (FBOs) which allow courts to

impose obligations on people convicted of specified offences to

report particulars of their financial affairs

There are lots of resulting changes, eg:

Land Registry issues new form CIT:

authorities to ask for information.

Or you could try Soca Music:

"What is Soca?

During the 1970s the popularity of calypso waned, and what took

its place was a more lively, up-tempo kind of music with a mixture

of calypso, Indian music, American soul, funk and disco."

Words4Business

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

Image:

or short articles to your local paper or a journal. You want to

get the material on your website up to date. Client work, admin

duties and a hundred other things stop you.

If you want to get it done, right now, you can: call

Words4Business.

We have what you need. It is professionally written, up-to-date,

at a price that will make you smile and provided by a company that

believes in delighting clients rather than just pleasing them . .

. which is why we are the UK's market leader.

Contact: Words4Business ( http://www.words4business.com ).

Tel: 01392 423607

Site of the Week - Times Cover Art

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

the most famous people to feature on the covers of Time Magazine.

Listen to Albert Einstein or Marilyn Monroe - its cool.

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

2920 886500 ext: 2011

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.

an application or order for a preparatory hearing, a notice of

intention to introduce hearsay evidence or a notice of grounds of

appeal or application for leave to appeal against a life sentence

minimum term.

The new forms and procedures are here:

The Criminal Procedure Rules 2005

[This page was last updated on 3rd April 2006]

Protesters Criminal Damage to Prevent "Aggression"

--------------------------------------------------

R v Jones (Margaret) and others;

Ayliffe and others v Director of Public Prosecutions;

Swain v Director of Public Prosecutions

[2006] UKHL 16

HL

29 March 2006

Daily Law Notes Report Summary

English domestic law; protesters against the Iraq war who

disrupted operational activities at military bases in England

could not therefore justify their conduct on the ground that they

were preventing a "crime" within s 3 of the 1967 Act or "an

offence" under s 68 of the 1994 Act.

Employment and Discrimination

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

The following items are reproduced with the kind permission

of Daniel Barnett, barrister (http://www.danielbarnett.co.uk):

To subscribe to Daniel's Newswire, go to his smart new site:

Daniel Barnett Archive Now Available

------------------------------------

By arrangement with emplaw, an archive for Daniel's bulletins is

now available: http://www.emplaw.co.uk.

workers, supporting good employers' published today, the

Department of Trade and Industry sets out the Government's

commitments on employment relations with an increased focus on

vulnerable workers and those who abuse them.

Family

=======

Making Contact Happen Or Making Contact Work?

The Process and Outcomes of In-court Conciliation

-------------------------------------------------

DCA Report

March 2006

Full Report:

In-court conciliation does have much to offer as a dispute-

solution process in contact cases. However, in-court conciliation

is not suitable for all cases nor is it likely to be sufficient by

itself in many cases. Our findings suggest that that a low

judicial control or mixed form of conciliation should be available

in all courts but within the context of a differentiated case

management system offering a appropriate range of services. This

would involve triage including rigorous risk assessment, followed

by conciliation (or referral to mediation), together with a

co-parenting programme, child programme and post-order support

where necessary.

Small Company - Oppressive Management - Share Valuation

-------------------------------------------------------

This case, reported y me last week under Commercial, has now

surfaced as a Family matter:

Irvine and another v Irvine and another [2006] EWHC 583 (Ch)

CH.D.

23 March 2006

Daily Law Notes Report Summary

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.

Government

==========

Doing Law Differently

---------------------

DCA Press Release

30 March 2006

unveiled today. The programme charts constitutional changes

introduced by the department, including changes coming into effect

over the next week - changes involving the role of the Lord

Chancellor - as well as plans and proposals for the future.

Bar Response to 'Doing Law Differently'

---------------------------------------

Bar Council Press Release

3 April 2006

http://www.barcouncil.org.uk/document.asp?documentid=3774&languageid=1

'However, any new models proposed by the Government must not put

consumers at risk. In addition, the independence of lawyers and

the privileged status of legal advice must be safeguarded in the

context of any reforms.'

Bar Library Closure

-------------------

Bar Council News

3 April 2006

Inn Librarians met Mr Justice Lawrence Collins, the Chairman of

the Supreme Court Library Committee to discuss the effects of the

closure. The loss of the lending service for the Bar and the

reference facility for litigants in person is of particular

concern. The DCA has set up a working group to examine the

options for providing an alternative library facility for members

of the public. The working group is expected to report at the end

of the financial year.

Government

==========

Passport Rule Change Anticipates ID Refusenik Sabotage Efforts

--------------------------------------------------------------

The Register

4 April 2006

http://www.theregister.com/2006/04/04/early_passport_renewal_blocked/

"The new UK Identity and Passport Service, spawned out of the

Passport Service after the ID Cards Act became law on Saturday,

celebrated its birth by trying to stop people renewing their

passports whenever they want to, whether or not the passport is

about to expire. The change in terms and conditions were slipped

into the website without announcement, and were quite clearly ID

card related."

Constitutional Changes Effective 3 April 2006

---------------------------------------------

DCA Web Information

This section explains the greater separation of powers and

responsibilities between the executive, the legislature and the

judiciary introduced by the Constitutional Reform Act 2005,

which came into effect from 3 April 2006.

* Constitutional Reform - Introduction

* New roles of Lord Chancellor and Lord Chief Justice

* Judicial services

* Directorate of Judicial Offices for England and Wales (DJO)

* Judicial Appointments Commission (JAC)

* Judicial Appointments and Conduct Ombudsman (JACO)

* Office for Judicial Complaints (OJC)

* Contacts

Identity Cards Bill Receives Royal Assent

-----------------------------------------

Home Office Press Release

30 March 2006

years, will link basic personal information, such as name and

address, to secure biometrics - a computer image of a person's

iris, face or fingerprints. These are unique and provide a hi-tech

form of security for every citizen.

Misfeasance in Public Office - When Actionable

----------------------------------------------

Watkins v Secretary of State for the Home Department and others

[2006] UKHL 17

HL

29 March 2006

Daily Law Notes Report Summary

if the claimant had not suffered loss or damage caused by the

tortuous conduct of a public officer. Nor would exemplary damages

be awarded since the function of the tort was to compensate the

claimant, not to punish the public officer. Prison officers

reading mail without authority - no loss suffered.

Immigration and Nationality

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

Immigration, Asylum and Nationality Bill Receives Royal Assent

--------------------------------------------------------------

Home Office Press Release

30 March 2006

* restrict appeals for those refused entry to the UK to work or

study. The UK will continue to welcome to the UK genuine migrants

who meet the transparent and objective criteria set out under the

Government's Points-Based System for managed migration;

* tackle illegal working through a new civil penalties scheme for

employers by introducing fines of up to 2,000 GBP per illegal

employee, custodial sentences of up to two-years and unlimited

fines for those found knowingly to use or exploit illegal workers;

* strengthen our borders by allowing data sharing between the

Immigration Service, police and customs, as part of the e-Borders

programme. It will support the global roll-out of fingerprinting

visa applicants by giving powers to Immigration Officers to verify

identity against biometrics contained in travel documents; and

* respond to new security threats by denying asylum to terrorists;

improving our ability to strip citizenship from and deport those

who pose a serious risk to the UK's interests; and speed up the

appeals process in national security deportation cases.

Intellectual Property and Computers

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

Thousands More File Sharers Sued

--------------------------------

The Register

4th April 2006

By John Oates

Recording industry watchdog IFPI is taking legal action against

2,000 people in 10 countries across Europe accused of sharing

music files. There is a mixture of civil and criminal cases,

depending on the country. In Portugal, one country in which

the IFPI is taking action, it blames a 40 per cent fall in album

and single sales in the last four years on illegal sharing.

Land and Environment

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

New Guide to Help Local Planners Protect Precious Habitats

----------------------------------------------------------

ODPM Press Release

31 March 2006

authorities on how to embrace biodiversity and geological

conservation within planning decisions and development. The guide

offers a variety of information and best practice examples,

including using web-based technology and how to integrate

conservation into planning for new developments.

Fraudulent Assignment of Tenancy Not Permitting

Possession Order Per Se

-----------------------------------------------

-Islington London Borough Council v Uckac and another

[2006] EWCA Civ 340

CA

30 March 2006

Daily Law Notes Report Summary

1985 did not enable a landlord, induced to grant a secure tenancy

by a fraudulent misrepresentation, where there had been a valid

assignment to a person who was a party to the fraud, to obtain an

order for possession against the assignee.

Sch 2 provided a detailed and exhaustive code of the grounds on

which such a tenancy might be ended and an order for possession

obtained, so that the private law remedy of rescission of the

tenancy for fraudulent misrepresentation was not available to set

aside the tenancy.

Right to Buy v Possession Application

-------------------------------------

Basildon District Council v Wahlen [2006] EWCA Civ 326

CA

28 March 2006

Daily Law Notes Report Summary

to ground 16 of Sch 2 to the Housing Act 1985 of a property where

the tenant claimed an injunction to enforce his right to buy

pursuant to s 138(1), the judge had to carry out a balancing

exercise. The mere fact that the conditions in s 138 were

fulfilled did not dictate the priority of the competing claims.

Legal Practice and Lawyers

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

Procurement of Criminal Defence Services - Market Based Reform

--------------------------------------------------------------

31 March 2006

Lord Carter of Coles published his first report from his Review of

Legal Aid Procurement on 9 February 2006. Lord Carter's team has

now produced a leaflet for all stakeholders summarising this

report. This is available from the links below.

Click here to download leaflet summarising Lord Carter's report as a

Word document [file size: 139kb]:

http://www.barcouncil.org.uk/documents/CarterReviewLeaflet_Mar06.doc

Click here to download leaflet summarising Lord Carter's report as a

PDF document [file size: 32kb]:

http://www.barcouncil.org.uk/documents/CarterReviewLeaflet_Mar06.pdf

Law Society Hits Back At Watchdog

---------------------------------

Law Society Press Release

4 April 2006

comment by Zahida Manzoor, the Legal Services Ombudsman (LSO) and

Legal Services Complaints Commissioner (LSCC), on the Society's

handling of consumer complaints. Shamit Saggar, chair of the

Consumer Complaints Board, said: "The Society's Consumer

Complaints Service has made immense progress in the past three

years. A great deal of work has been done to improve efficiency of

operations and at the same time, spending has risen from 13.6

million GBP in 2003 to 19.3 million GBP in 2005."

Law Society Plan Aims Too Low for Consumer

------------------------------------------

DCA Press Release

3 April 2006

particularly after the joint working that has taken place between

my office and the Law Society to have the Plan ready for the start

of April. Unfortunately, I have been left with no option as the

Plan neither includes all the targets I set, which I believe to be

reasonable, nor does it aim to deliver sufficient improvements in

complaints handling which consumers and practitioners expect and

deserve."

New Regulation Strategy Aims to Raise Performance by Solicitors

---------------------------------------------------------------

Law Society News

24 March 2006

performance standards may be introduced under the Law Society

Regulation Board's new strategy. The Board wants to develop new

arrangements to give early warning on dishonesty, misconduct,

unacceptable professional performance or practices that are in

financial difficulties. The Regulation Board, which took up its

full powers in January, has now put the new strategy out for

consultation to a wide range of groups including consumer

organisations.

Litigation, Courts and Human Rights

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

Reprieve for Vital Legal Aid Service After

Pressure From Law Society

------------------------------------------

Law Society Press Release

27 March 2006

its decision to stop funding specialist support providers. The

Law Society had joined the Public Law Project, a national legal

charity and specialist support provider of public law advice, and

others in a legal challenge to the LSC's peremptory decision to

terminate the contracts of service providers.

Dispatch - Legal Aid Newsletter - March 2006

--------------------------------------------

Law Society Newsletter

31 March 2006

The Carter Review Interim Report

LSC to axe specialist support service

Immigration update

The role of the Local Government Ombudsman

CDS Bill - The return of criminal means testing

Unrecouped payments on account

New Tribunals Service Will Deliver Better Justice

for the Disadvantaged

--------------------------------------------------

DCA Press Release

31 March 2006

tribunal users, including:

* Ensuring that tribunals are manifestly independent from those

whose decisions are being reviewed.

* Helping to provide better information to users and potential

users.

* Delivering greater consistency in practice and procedure.

* Making better use of existing tribunal resources.

* Taking the lead in dispute resolution.

Human Rights - Right to Liberty - Suspected Terrorist

-----------------------------------------------------

R (Al-Jedda) v Secretary of State for Defence [2006] EWCA Civ 327

CA

29 March 2006

Daily Law Notes Report Summary

multi-national force in occupied Iraq power to intern people for

imperative reasons of security. That power embraced people of

every nationality whose internment was deemed necessary. The

essence of internment was clearly inconsistent with the due

process requirements of art 5(1) of the European Convention on

Human Rights, but Resolution 1546 qualified any obligations

contained in human rights conventions in so far as it was in

conflict with them.

Money, Property and Tax

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

Millions of Homeowners Forced to Alter Their Wills

--------------------------------------------------

Law Society Press Release

30 March 2006

wills following rushed, unexpected and radical changes to

inheritance tax laws in the budget last week.

Consumer Credit Bill Gets Royal Assent

--------------------------------------

DTI Press Release

30 March 2006

credit legislation since 1974.

Under the new Act consumers will be entitled to:

* take their complaints about lenders to the Financial Ombudsman

Service;

* challenge unfair credit agreements in court; and

* receive more information about the state of their account to

help identify potential problems before it is too late.

Personal Injury

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

Miners' Compensation: Law Society Gives Consumer Advice

and Mounts More Investigations

-------------------------------------------------------

Law Society Press Release

04 April 2006

advertisements to tell former miners who received compensation for

work-related diseases how to get the regulatory body to check

their claim was dealt with properly.

Compensation Bill - Claims Management Companies Regulation

----------------------------------------------------------

DCA Web Information

The provision on negligence makes clear that when considering a

claim in negligence, in deciding what is required to meet the

standard of care in particular circumstances, a court is able to

consider the wider social value of the activity in the context of

which the injury or damage occurred.

Part Two: Provision of regulated claims management services

The Compensation Bill will provide the statutory framework for the

regulation of claims management services. The Bill will allow for

the Secretary of State to designate a regulator who will be

responsible for ensuring that claims management companies abide by

clear rules and a code of practice. A person providing claims

management services without the requisite authorisation (or if

exempted or subject to a waiver) will be committing an offence and

liable to a maximum of up to 2 years imprisonment. Those providing

claims management services will be required to give consumers

clear advice about the validity of their claim, options for

funding the costs and provide a complaints mechanism if things go

wrong.

Accident Victim's Suicide Actionable

------------------------------------

Corr (Administratrix of the Estate of Thomas Corr, decd) v IBC

Vehicles Ltd [2006] EWCA Civ 331

CA

31 March 2006

Daily Law Notes Report Summary

injured an employee and lead to his suffering post-traumatic

stress disorder and severe depression and eventually to his

committing suicide, entitled his widow to claim against the

employer under section 1 of the Fatal Accident Act 1976.

Cases Generally

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

Image:

-----------------------------

Now with 105,659 cases indexed (with over 300 added in the

last week!) and over 239,754 references.

Try these cases for size:

Landlord and Tenant

-------------------

Fitzroy House Epworth Street (No. 1) Ltd and Another -v- Financial

Times Ltd [2006] EWCA Civ 329

CA

31 March 2006

The defendant tenant sought to exercise a break clause in the

lease. The landlord said that the notice was deficient because the

tenant had failed 'materially to comply with' its repairing

obligations. The judge found the cost of repairs were 20,000 GBP,

and that the tenant had done sufficient to be in material

compliance with its obligations and the notice was effective. The

landlord appealed. Held: the appeal succeeded. The judge had

applied the wrong test: "Materiality must be assessed by reference

to the ability of the landlord to relet or sell the property

without delay or additional expenditure. Where the provision is

absolute then any breach will preclude an exercise of the break

clause. But I see no justification for attributing to the parties

an intention that the insertion of the word 'material' was

intended to permit only breaches which were trivial or trifling.

Those words are of uncertain meaning also and are not the words

used by the parties."

Case Map:

And for a selection of leading cases about Landlord and Tenant

matters go to:

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/.

and here is more information about Oranges and Lemons, a song

about torturers amongst other things!:

I watched the science fiction film "Demolition Man" this week -

there the TV advertisement jingles from the 1990's were the

popular songs of 2032 - a nice way to get product placements in

the film if nothing else. A good fun film with Sandra Bullock,

Sylvester Stallone and especially Nigel Hawthorne at his hammy

best.

OH! What Lovely Law!

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

"A Few Good Men" a film starring Tom Cruise, Jack Nicholson and

Demi Moore, tells the story of a court case following the

accidental death in the late 1980's of a Guantanamo Bay marine

when an unauthorised punishment goes wrong. This was long before

the place became a prison for suspected terrorists. It got a few

Oscar nominations including one for Nicholson's performance as the

commanding officer. The court scenes are interesting. Tom Cruise

plays his usual apparently shallow but really sincere persona.

Demi Moore adds little to it. There are two remarkable things

about the film. The first is the display of military precision in

the parade ground during the credits. The second is the

realisation that if this is how badly the US army might have

treated its own soldiers at Guantanamo Bay, almost any allegations

made by the prisoners who are now there become credible.

Legal Practitioner

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

More good stuff from Consilio Magazine edited by Mike Semple

Piggot

Criminal Law

------------

"Provocation - the decision in James ; Karimi [2006] 1 All E.R.

759" by Norman Baird

issue. The appellants had both been convicted of murder, their

pleas of provocation having been rejected by their respective

juries. The success of each appeal depended upon the Court of

Appeal preferring, as the definitive statement of the English law

of provocation, the decision of the House of Lords in Morgan Smith

rather than the subsequent decision of the Privy Council in

Holley.

Employment Law

--------------

"Transfer of Undertakings (Protection of Employment) Regulations

2006 ("TUPE 2006") ." by Jane O'Hare, Barrister

addressed once again by the forthcoming implementation of the new

Transfer of Undertakings (Protection of Employment) Regulations

2006 ("TUPE 2006") .

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

Regards

Steve

DISCLAIMER

==========

The information and any commentary on the law contained in

this bulletin is provided free of charge for information

purposes only. Every reasonable effort is made to make the

information and commentary accurate and up to date, but no

responsibility for its accuracy and correctness, or for any

consequences of relying on it, is assumed by Joe Reevy, Steve

Butler, or uklawyers.co.uk. The information and commentary

does not, and is not intended to, amount to legal advice to

any person on a specific case or matter. You are strongly

advised to obtain specific, personal advice from a lawyer

about your case or matter and not to rely on the information

or comments in this bulletin or, if you are a solicitor, you

should check the accuracy of the information yourself, or seek

advice from Counsel on a formal basis. This Newswire may be

freely reproduced provided that appropriate accreditation is

given and so long as you do not to distribute it or any part

of it for commercial purposes.

Subscription Information

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

To subscribe to this newswire,

send an e-mail to:

To unsubscribe: send an e-mail to: mailto:smb@e-solicitors.co.uk

and include the instruction "Unsubscribe Me" in the subject line.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

uklawyers.co.uk

9, Howell Rd.

Exeter EX4 4LG

Devon

United Kingdom

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