Newswire 96
==========================
uklawyers legal newswires ========================== By Steve Butler and Joe Reevy Number 965 13th April 2006 By Steve Butler and Joe Reevy You want to get a newsletter out. You want to send press releases Commercial and Contract OFT Announces Interim Arrangements for Informal Advice and Domestic Violence - Sentencing Guidelines Council Consultation Reforming the Burial System Police Force Restructuring Immigration, Asylum and Nationality Bill Receives Royal Assent Da Vinci Code Copyright Claim Fails Benefits, Community Law and Habitual Residence New Planning Reforms to Promote Thriving Criminal Records Checks on All New Solicitors Financial Eligibility Levels Raised for Civil Legal Aid Multi Million Boost to Help Tackle Severe Debt Insurers Not Covering Passenger in Stolen Car I mentioned this site last year and here was the reaction: More good stuff from Consilio Magazine, edited by Mike Semple
Number 96
13th April 2006
This week we are again trying a two part newswire - there was some
criticism last week - if you have any comments, let us know:
mailto:smb@e-solicitors.co.uk.
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 (sic) 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:
mailto:smb@e-solicitors.co.uk
========================================
UKLawyers E X P R E S S . . . . .>>>>
========================================
Legal Newswires on the Run
By Steve Butler and Joe Reevy
Number 3
13 April 2006
Only 14 links take you to the latest legal news.
Up to date to 13 April 2006.
Commercial and Contract
http://www.uklawyers.co.uk/cms/category/lt_commercial
Crime and Punishment
http://www.uklawyers.co.uk/cms/category/lt_crime
Employment and Discrimination
http://www.uklawyers.co.uk/cms/category/lt_employment
Family
http://www.uklawyers.co.uk/cms/category/lt_family
General
http://www.uklawyers.co.uk/cms/category/lt_general
Government
http://www.uklawyers.co.uk/cms/category/lt_government
Immigration and Nationality
http://www.uklawyers.co.uk/cms/category/lt_immigration
Intellectual Property and Computers
http://www.uklawyers.co.uk/cms/category/lt_ip
International/Europe
http://www.uklawyers.co.uk/cms/category/lt_europe
Land and Environment
http://www.uklawyers.co.uk/cms/category/lt_land
Legal Practice and Lawyers
http://www.uklawyers.co.uk/cms/category/lt_legalpractice
Litigation, Courts and Human Rights
http://www.uklawyers.co.uk/cms/category/lt_litigation
Money, Property and Tax
http://www.uklawyers.co.uk/cms/category/lt_money
Personal Injury
http://www.uklawyers.co.uk/cms/category/lt_pi
FULL uklawyers legal newswire on the website - issue 96
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
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the wire.
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Contents
========
The Leading Question - Domestic Violence - All You Need Is Love?
Tribunal Service Feature
CPR 41st Update Feature
Site Of The Week - Lawyers Without Borders
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Madeira Section
Oh! What Lovely Law!
Legal Practitioner
The Leading Question
~~~~~~~~~~~~~~~~~~~~
Domestic Violence - All You Need Is Love?
-----------------------------------------
Domestic Violence has been on the political agenda for as long as
I can remember. One of my first cases as an articled clerk was to
obtain an injunction to protect a woman from her boyfriend. The
county court had no idea of the procedure to follow because it was
so rarely used. The Domestic Violence and Matrimonial Proceedings
Act 1976 then came into force allowing proceedings in the
magistrates court but they never seemed to get the procedure
right.
Now the emphasis has changed - how to make sure the cases are
properly tried and pursued and assailants punished. On the one
hand the government is encouraging friends of victims to report
instances of violence. This is presumably in the hope that the
victims will then follow through the case to conviction. On the
other hand the Sentencing Guidelines Council has issued a
consultation paper seeking views on the possibility of assailants
being cautioned instead of tried. I am told by a colleague who
specialises in criminal work that more and more domestic violence
abusers are being dealt with by fixed penalty notice so they don't
even have a criminal record and are often back home before their
victim has had time to recover. The Police have often had a
negative attitude to such incidents, although in my experience
this improved over time.
The problem is that many victims forgive their partners and want
them back. I must have had hundreds of cases over the years where
I obtained an urgent court order to protect a victim only to have
the parties reconcile, and genuinely so, within days or weeks of
the offence. I even had a couple of clients who divorced after
violence and then re-married.
The simple explanation is that Love is impossible to understand.
Love can bring together the most ill-matched couples as well as
those who were obviously meant for each other. It is
uncontrollable and irrational but it cannot be ignored for good or
for bad. I can never excuse domestic violence but I will never
condemn a victim who is unable to stop loving the assailant. To
this extent the SGC has got it right - you need to look at all the
circumstances objectively and from the victim's point of view,
which might change from time to time. The victims are adults and
capable of taking decisions on their own and their views should be
important in deciding how their case should be dealt with - it's
not their fault they have fallen in love, or is it?
Have a good Easter Holiday - there will be no Newswire on 20th
April, the next one will be on 27 April. But the site will
continue to develop and expand in the meantime, please keep having
a look at it:
http://www.uklawyers.co.uk
Regards
Steve Butler
Solicitor
Newswire Editor
smb@e-solicitors.co.uk
Tribunals Service Feature
http://www.tribunals.gov.uk/
The Tribunals Service has revamped its website, in fact they have
changed it twice this week. Each Tribunal, and there are loads of
them, has its own "in-style" design. A good central resource.
CPR Update Feature
The 41st Update has ben issued:
http://www.dca.gov.uk/civil/procrules_fin/index.htm
This update of the Civil Procedure Rules, published in March
(print) and April (web) includes a number of amendments to many
aspects of the CPR. These include;
o A revised Part 20 [Counterclaims etc];
o Significant amendments to the Costs Practice Direction
consequential on recent regulatory changes;
o Substantial amendments to appeals provisions;
o Significant amendments to the Civil Recovery Practice Direction;
o Amendments to most Pre-Action Protocols to encourage parties to
engage in Alternative Dispute Resolution procedures
A full list of these changes, along with information on coming
into force dates, can be found in the Notes to Accompany
Words4Business
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Courses - Lime Legal
A specialist family law course provider, try these courses:
Conducting and Valuing Cohabitation Claims
Bristol, Leeds and London
Businesses and Divorce
Leeds and London
For more details and to book online go to:
http://www.limelegal.co.uk
Site of the Week - Lawyers Without Borders
http://www.lawyerswithoutborders.org/main_site/index.php?page=home
Fancy a little Pro Bono:
Lawyers Without Borders is the world's largest group of volunteer
lawyers from around the globe who stand ready to offer pro bono
service to worldwide projects and initiatives. Our goal is to
provide legal support to Rule of Law projects and initiatives in
the human rights and nation building sectors at low or
significantly discounted cost. In the Global Capacity Building
arena, our ability to bring together pro bono partners from the
Large Law Firm Sector and non-profit organizations from around the
world represents an unprecedented achievement in global "Tier Two"
Pro Bono.
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
Pre-notification Contacts
OFT Press Release
12 April 2006
From this month, the OFT will consider applications for informal
advice for confidential transactions where there is a good faith
intention to proceed, and where the OFT's duty to refer to the
Competition Commission is a genuine issue. This replaces the OFT's
November 2005 decision to limit the service to exceptional
circumstances.
OFT Publishes Guidelines for Involving Third Parties in
Competition Act Investigations
OFT Press Release
12 April 2006
The OFT has published guidance on how it will involve complainants
and other third parties in the investigations under the
Competition Act.
The new guideline follows a public consultation and sets out the
OFT's approach to involving complainants and other third parties
in its investigations in a structured and transparent way. It also
contains guidance on how to make complaints to the OFT about
anti-competitive behaviour.
Crime and Punishment
Judicial Studies Board Guide for District Judges (MC)
Judicial Studies Board publication
April 2006
Contains a useful summary of laws and procedure in the Magistrates
Court.
Criminal Law Week Online
http://www.criminal-law.co.uk/version4.cfm
Criminal Law Week Online - concise, comprehensive, weekly updates
on all aspects of criminal law. To buy.
Victims of Crime to Be Compensated Under New
Fines Collection Scheme
DCA Press Release
10 April 2006
Millions of pounds owed to victims of crime will be easier to
collect under a new fines collection scheme that makes hitting an
offender's pocket a more effective penalty. The scheme follows the
biggest enforcement shake-up in recent history, involving new laws
that have been tested, evaluated, fine-tuned and now rolled out
across England and Wales. Victims are key beneficiaries because
when magistrates punish fine evaders and criminals who have failed
to attend court or complete their community service, part of the
penalty often includes an order to compensate victims.
Closure Orders - Standard of Proof
ASBR (Chief Constable of Merseyside Police) v Harrison ( Secretary
of State for the Home Department intervening)
QBD
7 April 2007
Daily Law Notes Report Summary
The standard of proof applicable to closure orders under s 2(3)(a)
and (b) of the Anti-Social Behaviour Act 2003 was the balance of
probabilities.
More Powers to Tackle the Menace of Graffiti and Fly Posting
Home Office Press Release
6 April 2006
From today all local authorities in England and Wales have the
power to issue the owners of 'street furniture', such as phone
boxes, bus shelters and railway property with an order to remove
graffiti. They will be able to issue 'Defacement Removal Notices'
to companies and organisations whose property is defaced requiring
them to remove both graffiti and fly posting off their property
within 28 days. If this is not done, the local authority has the
power to clean up the affected sites and recover costs from the
owner.
Now that's what I call "Justice."
DEFRA Guidance
Swifter Justice As Crown Courts Enter Electronic Age
DCA Press Release
6 April 2006
All 99 Crown courts in England and Wales are now using a computer
system providing instant information to the public from across the
criminal justice system. The award-winning computer system known
as XHIBIT provides information on court hearings to victims and
witnesses of crime and crime-fighters faster than ever before.
Procedural Failures - Effects on Decisions to Proceed Regardless
R v Ashton;
R v Draz;
R v O'Reilly [2006] EWCA Crim 794
CA
5 April 2006
Daily Law Notes Report Summary
Where a court was confronted by failure to take a required step,
properly or at all, before exercising a power, unless there was a
clear indication that Parliament intended jurisdiction
automatically to be removed following such a procedural failure,
the court should consider the interests of justice generally, with
particular focus on whether there was a real possibility that the
prosecution or the defendant might suffer prejudice. If that risk
was present, the court should then decide whether it was just to
permit the proceedings to continue.
Criminal Litigation Accreditation Scheme Re-accreditation
Law Society Press Release
29 March 2006
The Law Society has recently written to all members of the
Criminal Litigation Accreditation Scheme, asking them whether they
wish to retain their membership of the scheme.
* If you are a member of the Criminal Litigation Accreditation
Scheme, you can confirm that you wish to remain a member by
completing the form below.
* Alternatively, you can complete the same form, indicating that
you do not wish to remain a member; your details will then be
removed from the scheme lists.
Employment and Discrimination
The following items are reproduced with the kind permission
of Daniel Barnett, barrister (http://www.danielbarnett.co.uk):
ECJ Holiday Pay Decision
6 April 2006
The ECJ has, this morning (Thurs), handed down its decision in Federatie Nederlandse Vakbeweging v Staat der Nederlanden.
It is authority for the proposition that:
* the ECJ TUPE case of Henke v Gemeide Schierke and
Verwaltuingsgemeinschaft Brocken remains the most unpronounceable
case name out there, but only just (do feel free to challenge me
on this!); and,
* more importantly, it is unlawful for EU states to allow
employers to replace the minimum four weeks' paid holiday with pay
in lieu, even when the holiday year has expired and the holiday
allowance carries over into the following year.
Under the Netherlands' civil code, employers must provide four
weeks' paid holiday leave each year. However, if the employee does
not take the holiday, employers are permitted to roll it over into
the next year and pay compensation in lieu (provided they allow
the employee to have their full four week entitlement in that,
subsequent, year).
The ECJ has ruled that this practice is contrary to Article 7(2)
of the Working Time Directive, which requires Member States to
ensure that every worker is allowed four weeks' paid annual leave,
and that this annual leave may not be replaced by a payment in
lieu (except after termination of employment).
The ECJ's reasoning is, essentially, that permitting pay in lieu
for untaken holiday entitlement in subsequent years might provide
an incentive for employees, incompatible with the objectives of
the Directive, not to take their full leave entitlement (which is
an important health & safety measure) during the year.
Federatie Nederlandse Vakbeweging v Staat der Nederlanden
ECJ Judgment
Employment Agency Contracts
6 April 2006
It's not strictly employment law, but a lot of employment lawyers
will find this case useful. It's good news for those who advise
employment agencies...
The Court of Appeal has allowed an employment agency's second-tier
appeal in Euro London Appointments Ltd v Claessens International
Ltd.
The case is authority for the proposition that a clause making
partial refunds against an employment agency's fees, in respect of
permanent staff whose employment ends within 12 weeks of
commencement, conditional on the client discharging the agency's
fees within seven days is not an unlawful penalty (and therefore
void).
The agency brought a summary judgment application for unpaid fees,
in respect of two workers who had left their employment within a
few weeks. The client admitted liability for part of the fees, but
relied on a contractual term stating that it could have an 80% and
40% refund respectively, as the employees had been left employment
within a few weeks of starting.
The agency responded by relying on another term, providing that
the refund was only available if its fees were paid within seven
days (which they had not been). The client responded, in turn,
that the term was a penalty and should not be enforced. The
District Judge and the Circuit Judge both accepted that the clause
was a disguised penalty. The Court of Appeal reversed these
decisions, and held that the clause making the refund conditional
on payment within seven days was not a penalty.
The decision is complicated. The essence of the Court's reasoning
(Chadwick LJ giving the leading judgment) is that the clause was
simply a condition precedent to exercising the right to a refund,
and was not a measure of damages (whether grossly disproportionate
or not) for breach of contract.
Euro London Appointments Ltd v Claessens International Ltd
BAILII Judgment
Law Society Handbook on Employment Law
by Daniel Barnett and Henry Scrope
Third edition just published
£49.95
Click here for more details
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
Director's Car
Revenue and Customs Commissioners v Elm Milk Ltd: [2006] EWCA Civ
164
CA
3 March 2006
Daily Law Notes Report Summary
The claimant company purchased a motor car for business use by its
sole director, who was required to travel extensively in the
course of his employment. A claim by the company to deduct input
tax on the purchase of the car was disallowed and the Revenue
appealed. The prohibition on private use, backed up by the terms
of the director's employment and the arrangement as to the keys of
the vehicle, was sufficient evidence for the tribunal to conclude
that the company had satisfied the condition in article 7(2G) so
as to entitle it to repayment of the tax.
Grievance Procedure
We have already reported this case as part of Daniel Barnett's
contribution on 23 March
(http://www.uklawyers.co.uk/cms/section/employment_archive.html)
but here is the ICLR summary link:
Canary Wharf Management Ltd v Edebi
EAT
3 March 2006
Daily Law Notes Report Summary
In June and July 2004 the claimant, who suffered from asthma,
raised a written grievance with his employers that his exposure to
traffic fumes in the course of his employment had caused an asthma
attack, and he made reference to the Disability Discrimination Act
1995 ("the Act"). On 25 March 2005 the claimant wrote a letter of
resignation, referring to his previous complaint and raising a
number of specific complaints, including the effect of his working
conditions on his health, but making no reference to the 1995 Act
or to his asthma. The Tribunal allowed the claim under the Act
and the employers appealed successfully. "The references to the
claimant's health problems in the later letter did not raise, even
in a non-technical and unsophisticated way, an issue which the
employers could reasonably understand to have arisen under the
Disability Discrimination Act 1995, and, accordingly, there was no
jurisdiction to hear the claim."
Family
SGC Press Release
11 April 2006
The Sentencing Guidelines Council (SGC) has produced, and is
putting out to consultation today, two draft guidelines to assist
sentencers to respond to violence that takes place in a domestic
setting, and to the related issue of breaches of restraining
orders and non-molestation orders. These have been criticised in
the press as being soft on domestic offenders. Follow the links
on the front page of their site for the full documentation:
http://www.sentencing-guidelines.gov.uk/
Meanwhile we are encouraged to whistleblow domestic violence by
Government campaign:
New Leeds Campaign Says 'Enough' to Domestic Violence
Home Office Press Release
12 April 2006
A new advertising campaign aimed at encouraging friends of victims
of domestic violence to report offences was launched today in
Leeds. There are some 12,000 reported incidents of domestic
violence in Leeds every year. The estimated annual cost is nearly
80m GBP.
General
DCA Press Release
7 April 2006
There is widespread public support for reforming and modernising
the burial system, state responses published today to a Government
consultation. A new guide for burial ground managers aimed at
improving standards for the bereaved and the wider public and
community, was also published today.
Burial Ground Managers' Guide
DCA Information
[PDF 309kb, 58 pages]
7 April 2006
This guide contains advice for burial ground managers and covers
the law; service and standards; staff training; planning; finance;
complaints; and cultural, environmental and historical heritages.
It was published on 7 April 2006. It aims to:
* ensure that burial ground managers are familiar with the legal
framework within which they operate
* encourage consistent but challenging levels of service and
standards for the bereaved and the wider community
* promote appreciation of, and commitment to, the wider role of
burial grounds in the environmental, historical and cultural life
of the community.
Government
Home Office Press Release
11 April 2006
I am satisfied, on the basis of the protective services assessment
undertaken by HMIC and our evaluation of the financial and other
aspects of the business cases submitted to us in December, that it
would be in the interests of the efficiency or effectiveness of
policing for the following forces to merge:
* Humberside, North Yorkshire, South Yorkshire and West Yorkshire
* Derbyshire, Leicestershire, Lincolnshire, Northamptonshire and
Nottinghamshire
* Cambridgeshire, Norfolk, and Suffolk
* Bedfordshire, Essex and Hertfordshire
* Surrey and Sussex
[Whether they like it or not!]
Apparent Bias Amongst Councillors
R (Port Regis School Ltd) v North Dorset District Council [2006] EWHC 742 (Admin)
QBD
5 April 2006
Daily Law Notes Report Summary
A decision taken in public life by a freemason in which another
freemason or branch of freemasonry had an interest, did not
automatically give rise to apparent bias in the decision-making
process.
Immigration and Nationality
Home Office Press Release
30 March 2006
Provisions in the Act will:
* 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.
LSC Unfairly Targeting Legal Aid Immigration Solicitors
Law Society Press Release
10 April 2006
A further exodus of legal aid solicitors from immigration work is
predicted as a result of hastily proposed changes by the Legal
Services Commission (LSC). The LSC is proposing to end the
contracts of practitioners who fail to reach a 40 per cent success
rate in immigration and asylum appeals. Responding to the LSC's
four-week consultation, the Law Society predicts this move could
deter advisers from taking on immigration work and exacerbate
advice deserts.
Solicitors Achieve Highest Immigration, Asylum Accreditation
Law Society Press Release
06 April 2006
The Law Society is pleased to announce that the Immigration and
Asylum Accreditation Scheme's first advanced caseworkers were
accredited on 24 March 2006.
Intellectual Property and Computers
Simmons & Simmons Newsletter
April 2006
An extensive summary about this case.
International/Europe
Collins v Secretary of State for Work and Pensions [2006] EWCA Civ
376
CA
4 April 2006
Daily Law Notes Report Summary
In the context of jobseeker's allowance an habitual residence test
simpliciter, as a means of establishing the requisite "genuine
link" between a claimant for the allowance and the UK employment
market, was fully compatible with Community law.
Immigration Control and Housing Benefit
Ismail and another v Barnet London Borough Council [2006] EWCA Civ
383
CA
6 April 2006
Daily Law Notes Report Summary
Although, nationals of the Netherlands did not require leave to
enter the United Kingdom as nationals of a member state of the
European Economic Area, their residence here was subject to
immigration control; and accordingly, on a proper construction of
the legislation, they did not lose eligibility to housing benefit
for the purposes of the Housing Act 1996.
Land and Environment
Town Centres and Better Design
ODPM Press Release
12 April 2006
Changes to the planning system to restrict the expansion of
out-of-town retail floorspace and to encourage improved design,
were announced by Planning Minister Yvette Cooper today.
[These actually sound sensible.]
House Price Index - February 2006
ODPM Press Release
10 April 2006
The mix-adjusted average house price in the UK in February 2006
stood at 183,224 GBP, down from 185,404 GBP in January 2006 (not
seasonally adjusted). UK annual house price inflation in February
2006 was 3.6 per cent, down from 4.3 per cent in January 2006.
Annual house price inflation in London was 1.9 per cent in
February 2006, down from 5.3 per cent in January 2006.
Home Information Pack Activity Accelerates
ODPM Press Release
7 April 2006
"The dry run has already begun with 45 organisations in England
and Wales already providing more than 2500 packs on a voluntary
basis. The Association of Home Information Pack Providers will be
rolling out voluntary HIPs in the regions during 2006 and 2007."
Please would anyone who has any feedback about dry run cases let
me know how they got on?
New Home Information Packs Website
ODPM Website
7 April 2006
Costs [What is this information based on?]:
"Under Home Information Packs, average costs overall for the
seller will increase from 285 to 635 GBP, as the responsibility
for searches and survey transfers to the seller, and there is a
small additional cost in legal fees (25 GBP)(sic)for checking the
pack. The average cost for the buyer decreases from 600 to 175
GBP. Most sellers are also buyers, so extra costs incurred as a
seller are offset by cost reductions as a buyer. The total cost
for seller and buyer in the case where a mid-range survey is
carried out is estimated to decrease from 885 to 810 GBP."
New Powers to Build A Thriving Private Rented Sector
ODPM Press Release
6 April 2006
New powers to improve management of private rented sector
properties through licensing, to bring long-term empty homes back
into use, and to improve the health and safety of occupants in
dwellings, have come into force today. Many of these powers are
sweeping in ambit.
Party Wall Act Appeal - Correct Procedure
Zissis v Lukomski and another [2006] EWCA Civ 341
CA
5 April 2006
Daily Law Notes Report Summary
CPR Pt 52 was the applicable Part under which to bring a statutory
appeal in the County Court under s 10(17) of the Party Wall etc
Act 1996.
"Hot Property" - Newsletter
Mills & Reeve Newsletter
Interesting articles by resident experts about:
Human rights v squatters' rights
A lease on prescription?
Early release: good news for landlords?
Counting the cost: the impact of chancel repair liability
Legal Practice and Lawyers
Law Society Press Release
12 April 2006
Criminal records checks on all would-be solicitors before they are
admitted to the profession will be carried out for the first time
this year. The new measures were approved by the Law Society
Regulation Board as part of its new emphasis on consumer
protection.
Research Report: Assessment Centres for Judicial
Appointments and Diversity
DCA Research Report
11 April 2006
Researchers from Queen Mary, University of London were
commissioned to investigate the link between assessment centres
for judicial appointments and diversity. This report covers their
findings. The report was completed in March 2006. The report
cautions that assessment centres alone cannot enhance the
diversity of judiciary – they need to be used alongside a range of
strategic interventions.
Litigation, Courts and Human Rights
DCA Press Release
10 April 2006
Income eligibility levels for all types of civil legal aid
provided by the Community Legal Service will be increased by 2.7
per cent in line with the Retail Price Index. These new income
levels will be used when conducting the means test used to grant
civil legal aid.
Public Register of Judgments, Orders and Fines
DCA Press Release
6 April 2006
From 6 April, the new Register of Judgments, Orders and Fines will
include Fine details together with county court judgments, county
court administration orders and Child Support Agency liability
orders. For the first time the Register will bring together
details of all those defaulting on various financial judgments,
replacing the Register of County Court Judgments established in
1852.
Money, Property and Tax
DTI Press Release
6 April 2006
The DTI's 45 million GBP two-year programme, funded by the
Treasury's Financial Inclusion Fund, will be used to recruit about
500 debt advisers to help people get their debts back under
control.
LLP Executors - All Clear
In re Rogers, decd [2006] EWHC 753 (Ch)
CH.D.
6 April 2006
Daily Law Notes Report Summary
Where a testatrix made a will appointing partners in her
solicitors' firm as executors and the firm subsequently converted
to a limited liability partnership, the terms "partner" and "firm"
in the appointment clause of the will were apt to embrace the
profit sharing members of the limited liability partnership.
Finance Bill 2006 - Explanatory Notes
Treasury Website
7 April 2006
If you can plough your way through these enormous PDF documents
you are a better lawyer than I will ever be. Go to page 120 of
the third volume (Clause 157 and Schedule 20) for information
about the treatment of accumulation and maintenance trusts.
Law Society Statement – the Finance Bill
Law Society Press Release
7 April 2006
"This is tantamount to retrospective legislation because there has
been no consultation and no debate. We still hope the government
will postpone implementation, conduct a proper assessment so they
can appreciate the full implications."
A-DAY - Pension Tax Simplification Comes Into Effect
Treasury Press Release
6 April 2006
Today is Pensions A-Day - the day the numerous tax rules governing
pensions are replaced by a single regime. The new regime is
designed to make pensions more understandable, making it easier
for those already saving for retirement and more accessible for
those thinking of doing so. Pensions A-Day is an ideal opportunity
for people to review their provisions for retirement.
Taxation of Trusts - Act Now on Budget Bombshell
Law Society Action
3 April 2006
The budget made important changes to the taxation of trusts. The
changes will hit ordinary people hard and the Law Society is
urging the government to postpone implementation until the full
impact is understood.
Inheritance Tax Survey of Solicitors
Tell us how these changes will affect you and your clients by completing our short survey.
Fill in the inheritance tax survey:
http://www.lawsociety.org.uk/survey.law?poll=Inheritance!survey
Personal Injury
McMinn v McMinn and another [2006] EWHC 827 (QB)
QBD
11 April 2006
Daily Law Notes Report Summary
To establish that a liability was an excluded liability under s
151(4) of the Road Traffic Act 1988 an insurer had to prove that
if an injured passenger did not know that a vehicle had been
stolen or unlawfully taken, he did have the information which
would have afforded him good reasons for believing that the
vehicle had been stolen or unlawfully taken had he applied his
mind to the topic.
Local Authority Payments Not To Be Taken Into Account
Freeman v Lockett
QBD
7 February 2006
BAILII Judgment
For all these reasons I have concluded that I should make no
deduction from the award of damages to the Claimant to reflect the
possible continued availability to her of direct payments from
Hertfordshire County Council. I recognise that this conclusion
leaves open the possibility of double recovery but I have already
found that that will not in this case in fact occur.
Thanks to LawBrief Update for guiding me to this case:
http://www.lawbriefupdate.com/
New PI Journal - Online and Print
PIBU Law Journal
PIBU Law Journal is the new premium version of PI Brief Update. In
addition to the news and case reports from PI Brief Update, it
also features articles on specialist topics in the personal injury
field. It is written by a team of around 30 barristers who
specialise in personal injury, as well as health & safety and
medico-legal experts.
PIBULJ is published once per month and available to read online.
In addition, the legal publisher xpl Publishing are producing
hardback bound copies every six months. The link to purchase these
will be available soon, and will also be announced in the
newsletter.
SPECIAL OFFER
We are offering free access to the online version of PIBU Law
Journal for a limited time only.
The first issue will be available to read here on 1 May 2006.
http://www.pibriefupdate.com/pibulj.php
Cases Generally
lawindexpro - As Good As Ever
Now with 105,911 cases indexed (with over 240 added in the
last week!) and over 240,389 references.
New slogan this week - "Search then Explore"
How it Works
We index case law. We gather in every new case we can find, and we
provide a link to it. We then provide a headnote for those cases
which show some significance. When noting up cases, we add the
details of the cases cited, and cross references to them. The
result is an extraordinarily effective case-law research tool.
Using lawindexpro you can quickly find which cases may be relevant
to you, and having identified them, where they can be found. if
(the case is available for free online, we usually have one or
more direct links. At worst we will have the same links available
through other sites.
1. We have what we have. We do not have the rest - yet, and we can
usually include cases requested by subscribers. We are gathering
cases quickly. We list some information for over 88000 entries,
and are adding some times 1000 cases a month. A quick comparison -
the All ER have very approximately 35000 cases, Lawtel claims
about 35000 cases, and the WLR list less than 27000 cases.
2. What we don't have we can often find. If a case has continuing
relevance, we are happy to do some work to try to find it a place
within lawindexpro.
3. Cases from before 1996 are included generally in order better
to show how a more recent case fits into the history of law. We
call these 'Roots cases' - they inform us about the meaning and
source of current cases. We will never have full text for many
cases before 1996.
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/.
Madeira Section
A wonderful holiday destination:
http://www.madeira-web.com/PagesUK/index.html
Webcams
Digital postcards
Official site
OH! What Lovely Law!
The Magistrate's Blog
http://thelawwestofealingbroadway.blogspot.com/
Friday, July 22, 2005
"I'm Flattered - Well, Up To A Point, Anyway
--------------------------------------------
I have just noticed that in a post a few weeks ago, we got a
mention in uklawyers legal newswires (by Steve Butler and Joe
Reevy) number 55.
They quote the blog header, and say we are 'sometimes
entertaining'.
Thanks guys, that's about on a par with the Hitchhikers' Guide to
the Galaxy describing earth as 'mostly harmless'."
Anybody who quotes from Hitch-hiker's Guide has got my vote.
Legal Practitioner
Piggot
Family Law
"Adoption and Fostering: the new law takes effect"
by Rona Epstein
http://www.spr-consilio.com/art110.htm
The Adoption and Children Act 2002 received Royal Assent on 7
November 2002 and came into force on 30 December 2005. The Act
overhauls the outdated 1976 Adoption Act and modernises the
existing legal framework for domestic and inter-country adoption.
Public Law
"Lords on Lords Part 4: The Court of Appeal in R (on the
application of Jackson & Ors) v Attorney-General (continued)"
by Richard Ramsay.
http://www.spr-consilio.com/artlordspart2c.htm
" The second question, whether the principle ‘delegates (Queen and
Commons) cannot enlarge the authority delegated to them' derives
from Professor O Hood Phillips in Constitutional and
Administrative Law was applied by Lord Donaldson of Lymington in
introducing the Parliaments Acts (Amendment) Bill in 2001 (or
2201, in the Internet report from BAILII). Rafts of colonial and
dominion cases were cited in support of this contention."
Any feedback is welcome, positive or not - we do listen and learn.
Regards
Steve
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