Newswire 98
=========================uklawyers legal newswires
==========================
By Steve Butler and Joe Reevy
Number 98
4th May 2006
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PART ONE
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UKLawyers E X P R E S S . . . . .>>>>
Legal Newswires on the Run
By Steve Butler and Joe Reevy
Number 5
4 May 2006
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Only 14 links take you to the latest legal news.
Up to date to 4 May 2006.
Commercial and Contract
http://www.uklawyers.co.uk/cms/latest/lt_commercial
Crime and Punishment
http://www.uklawyers.co.uk/cms/latest/lt_crime
Employment and Discrimination
http://www.uklawyers.co.uk/cms/latest/lt_employment
Family
http://www.uklawyers.co.uk/cms/latest/lt_family
General
http://www.uklawyers.co.uk/cms/latest/lt_general
Government
http://www.uklawyers.co.uk/cms/latest/lt_government
Immigration and Nationality
http://www.uklawyers.co.uk/cms/latest/lt_immigration
Intellectual Property and Computers
http://www.uklawyers.co.uk/cms/latest/lt_ip
International/Europe
http://www.uklawyers.co.uk/cms/latest/lt_europe
Land and Environment
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Legal Practice and Lawyers
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Litigation, Courts and Human Rights
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Money, Property and Tax
http://www.uklawyers.co.uk/cms/latest/lt_money
Personal Injury
http://www.uklawyers.co.uk/cms/latest/lt_pi
FULL uklawyers legal newswire on the website - issue 98
http://www.uklawyers.co.uk/cms/section/newswires.html
BUT also reproduced in full in PART TWO below.
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PART TWO
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Contents
The Leading Question - Big is Different - Does it Matter?
"In Progress" Feature
Squire, Sanders & Dempsey Feature
Site Of The Week - SPLINTA
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Mission: Impossible Section
Oh! What Lovely Law!
Legal Practitioner
The Leading Question
Big is Different - Does it Matter?While I was preparing this newswire I was struck by the impressive
nature of Squire, Sanders & Dempsey, a "Multinational Partnership
of Foreign Lawyers and Solicitors regulated by The Law Society."
This group, featured later in the wire, has a London office which
appears to be lead by a team of lawyers from America. It
practises world-wide and has an office in China where the law
Society president has just spent 10 days on tour. The firm has a
very talented load of lawyers, and bears as much relationship to
my firm as a pride of lions does to my three household moggies.
Then there appeared the full page advert in the Times for Barlow
Lyde & Gilbert (BLG), another multi national firm. They show a
list of over 250 firms and their top people. The implication is
that BLG has acted for these firms in litigation, or against them.
The slogan "If you'd like your name kept out of the legal papers,
take a note of ours" does not actually make this clear. Are these
the people that BLG have taken on cases against and, if so, is it
fair to print their names in the paper? Are these their
successful clients, and, if so, is it right to print their names
in the paper, even if, as must have been the case, they all gave
informed consent?
I would never even have thought of doing that, even if I could
have afforded to do so.
These firms move in a different world to mine and their interests
are in general very different to mine.
The Law Society has just finished an enormous consultation
exercise which asked all solicitors to fill in a questionnaire
about the future of the profession. It was very successful, with
more respondents than ever before and they have promised to follow
the opinions expressed (although I will believe it when I see it.)
But surely, the views expressed by the enormous firms mentioned
above (which are nothing like the biggest out there) will not be
the same as mine simply because the firms are so different?
Isn't it time that we recognised that big firms and little firms
are so different that they need separate representation? On the
other hand, assuming that the big firms would never want to
conflict with the little firms, does their association with the
pride of lions they represent give strength to the high street
lawyer? What do you think, and did you tell the Law Society?
You can easily respond to these questions by looking at our new
Blog. Someone has already used the name "uklawyers" in a blog and
so ours is called "UKBlawgers." You can take a look and add
comments at http://ukblawgers.blogspot.com
Regards
Steve Butler
Solicitor
Newswire Editor
smb@e-solicitors.co.uk
"In Progress" Feature
"In Progress" is the Law Society current awareness newsletter
which is a sensible direction for them to try. It does have some
interesting stuff in there.
Latest Edition - Monday 24 April 2006
It contains news and features of interest to solicitors across
England and Wales.
The Law Society Newsletters are a practical helpful resource for
busy solicitors and I will be featuring them all here over the
next few weeks.
Squire, Sanders & Dempsey Feature
Squire, Sanders & Dempsey
A Multinational Partnership of Foreign Lawyers and Solicitors
regulated by The Law Society
http://www.ssd.com/offices/office_detail.aspx?officeid=1500
Publications written by experts:
http://www.ssd.com/publications/pub_results.aspx?officeID=1500
the likes of Peter Vaines, a barrister employed for his taxation
expertise.
A good source of UK information although many of their
publications are aimed fair and square at international markets.
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Courses - Nick Jarrett-Kerr and Joe Reevy
Understanding and Improving Law Practice Profitability
Joe Reevy and Nick Jarrett-Kerr are presenting this conference on
23 May at Exeter Football Club. 5.5 hours of CPD. Only 235 GBP
plus VAT (less if you are members of Devon and Exeter Law
Society). This is good value advice from the leading law
management gurus in the UK.
Contact details:
Lydia Vanstone, Devon & Exeter Law Society, Suite 5, Renslade
House, Bonhay Road, Exeter. EX4 3AY. DX 8361 EXETER
Tel 01392 411585. Fax 01392 431511
e-mail. lydia.vanstone@devonlawsociety.org.uk
Go to the UKLawyers site to download a booking form:
http://www.uklawyers.co.uk/cms/section/management.html
Site of the Week - SPLINTA
SPLINTA - Sellers Pack Law is not the Answer
http://www.splintacampaign.co.uk/index.html
Despite problems with its website, this is an interesting site
which shows the strength of feeling which is gradually building up
against HIPs. The list of supporters of the campaign, which seeks
sensible changes to the conveyancing process, is impressively
large.
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:
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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.
A QUIET WEEK BUT GOVERNMENT AND THE COURTS
WILL BE IN FULL FLOW NEXT WEEK
PRACTICAL CASES AND MATERIALS
Employment and DiscriminationThe following item is reproduced with the kind permission
of Daniel Barnett, barrister (http://www.danielbarnett.co.uk):
27 April 2006
Acas Guide to Age Discrimination
Acas has, overnight, published its Guidance on Age Discrimination.
It is a very clear guide although, being aimed at employers, it is
pitched at too basic a level for employment lawyers. There are
some very useful flowcharts towards the end of the booklet.
View Acas Guide to Age Discrimination (.pdf file)
http://www.acas.org.uk/media/pdf/d/t/6683_Age_and_the_Workplace_AWK.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
"Age Discrimination" - yet another useful publication from Daniel
Barnett.
Second Edition - Published 3 May 2006
* 170 pages of commentary and analysis on the Employment Equality
(Age) Regulations 2006
* highlighting practical difficulties for employers and legal
advisors
* sets out arguments on both sides when the Regulations are
unclear
Click here to see a sample and for more information:
http://www.danielbarnett.co.uk/age_analysis.htm
Hear audio testimonials or view some sample pages:
http://www.danielbarnett.co.uk/age_analysis_testimonials.htm
Family
FACTO
Families Action for Court Transparency and Openness
http://www.facto.org.uk/
Families Action for Court Transparency and Openness is a pressure
group of families, lawyers, academics, MPs and journalists which
campaigns to end family court secrecy.
The following articles and more:
Family Court Secrecy
Families Denied Justice
Family Court Secrecy is Bad for Children
Secrecy is Bad for the Family
Article on Childcare
You Have to Push the Legal Boundaries
Abuse of Contempt
Family Law News - Issue 22
Law Society Newsletter - Latest Edition
Friday 28 April 2006
General
Wiki Mental Health
http://www.wikimentalhealth.co.uk/index.php/Main_Page
Another new Wiki which needs input from relevant practitioners.
Intellectual Property and Computers
E-business Newsletter - Issue 5
Law Society Newsletter
19 April 2006
"Welcome to the fifth issue of the Law Society's e-business
newsletter. To provide us with feedback, suggest topics or to
offer articles, please e-mail e-business@lawsociety.org.uk.
This edition contains:
Electronic conveyancing - revised timetable
Transformational government: implementation plan
E-Lexcel
DTI Information Security Factsheets - business and the internet
Home information packs
Security corner"
International/Europe
Securing Work for English and Welsh Solicitors in China
Law Society Press Release
2 May 2006
The Law Society continues to create opportunities for British law
firms in China, the world's fastest growing economy. Kevin
Martin, Law Society president, has just returned from a 10-day
trip to Beijing and Shanghai to highlight opportunities for legal
cooperation between UK and Chinese law firms arising out of
increasing economic links.
Land and Environment
New Rights of Way Regulations Come in to Force
DEFRA Press Release
1 May 2006
New provisions regarding the use of rights of way by motorised
vehicles will come into effect tomorrow (Tuesday, 2 May). These
provisions in the Natural Environment and Rural Communities Act
2006 will significantly curtail the scope for adding further
public rights of way for motor vehicles, known as byways open to
all traffic (BOATs), to the definitive map and statement (the
local highway authorities' legal record of public rights of way).
Practice Guide 65
New Land Registry Guide
12 April 2006
Registration of mines and minerals
Legal Practice and Lawyers
Solicitors Getting Younger
Law Society Press Release
3 May 2006
Most practising solicitors are now aged 40 or younger. According
to the Law Society's Annual Statistical Report for 2005, published
today, 53% of practising solicitors in England and Wales have been
qualified for 10 years or less, while 54% of solicitors with a
practising certificate are aged 40 or younger. The average age of
a female solicitor with a practising certificate is 37 compared to
40 for men, with women now accounting for 42% of solicitors with
practising certificates.
Trainee Solicitors: Minimum Salary
Law Society Press Release
2 May 2006
The Law Society Regulation Board has agreed that, with effect from
1 August 2006, the minimum salary levels for trainee solicitors
will be
* £17,110 in central London
* £15,332 elsewhere
The recommended salary levels, with effect from 1 August 2006,
will be
* £17,527 in central London
* £15,605 elsewhere.
Desmond Hudson Appointed New Law Society Chief Executive
Law Society Press Release
21 April 2006
The Law Society has appointed Desmond Hudson as its new chief
executive to lead the national representative and professional
services body for solicitors. Mr Hudson, 50, is currently chief
executive of the Institute of Chartered Accountants of Scotland.
Cases Generally
lawindexpro - As Good As Ever
Now with 106,751 cases indexed (with over 28 added in the
last week) and over 242,405 references.
New Slogan this week (nice and simple): Search+
See what you think to these examples:
Administrative - Health
Rogers, Regina (on the Application Of) -v- Swindon NHS Primary Care Trust
[2006] EWCA Civ 392
CA
12 April 2006
The claimant challenged the policy of her local health authority
not to allow prescription to her of the drug Herceptin. Held: The
policy had not been settled upon lawfully and was to be set aside.
On the one hand the PCT developed a policy which treated financial
considerations as irrelevant, but at the same time its policy is
to refuse funding save where exceptional personal or clinical
circumstances can be shown. There was no evidence that one woman
in a group who might benefit might have a greater clinical need
than another, and 'there is no rational basis for distinguishing
between patients within the eligible group on the basis of
exceptional clinical circumstances any more than on the basis of
personal, let alone social, circumstances. '
Case Map:
http://www.lawindexpro.co.uk/cgi-bin/casemap.php?rf=I060428&case=240360
This case cites 6 cases:
http://www.lawindexpro.co.uk/cgi-bin/cited.pl?rf=I060428&idx=240360
This case is cited by 1 case:
http://www.lawindexpro.co.uk/cgi-bin/citers.pl?rf=I060428&idx=240360
Statute(s) referred to: National Health Act 1977 16A - National
Health Service (Functions of Strategic Health Authorities and
Primary Care Trust etc) Regulations 2002
Judgment Links: Bailii:
Limitation - Torts - Other
A -v- Iorworth Hoare; H -v- Suffolk County Council, Secretary of
State for Constitutional Affairs intervening; X and Y -v- London
Borough of Wandsworth - [2006] EWCA Civ 395
CA
12 April 2006
Each claimant sought damages for a criminal assault for which the
defendant was said to be responsible. Each claim was to be out of
the six year limitation period. In the first claim, the proposed
defendant had since won a substantial sum from the National
Lottery. They complained that the Limitation Act gave the court no
discretion to extend the period for a claim as it would in claim
in negligence. Held: Stubbings v Webb was binding on the court,
and that decision had been confirmed by the ECHR. The court was
bound to apply the six year limitation period and the court had no
discretion to extend it. The assaults were deliberate, not by way
of negligence.
Case Map:
http://www.lawindexpro.co.uk/cgi-bin/casemap.php?rf=I060428&case=240356
This case cites 20 cases:
http://www.lawindexpro.co.uk/cgi-bin/cited.pl?rf=I060428&idx=240356
Statute(s) referred to: Limitation Act 1980 11(1)
Judgment Links: Bailii:
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/.
Mission: Impossible Section
TV Show - the longest running espionage show ever on TV!
(The theme tune made the show :
all together:
duh, duh, du, du, duh ,duh, du, du
duh, duh, du, du, duh ,duh, du, du
diddle -eee, diddle -eee, diddle-eee, du, du
http://www.tv.com/mission-impossible/show/577/summary.html
Mission Impossible (1996)
(a bit slow to be honest)
Wiki site
IMBD pages
Mission Impossible II (2000)
(one of my favourite action movies)
Wiki Site
IMDB pages
Mission Impossible III (2006)
Wiki site
Official site
"Rated PG13 in theaters everywhere May 5th!" (Except in the UK
where it is open on 4th May.)
duh, duh, du, du, duh ,duh, du, du
duh, duh, du, du, duh ,duh, du, du
diddle -eee, diddle -eee, diddle-eee, du, du . . . .
OH! What Lovely Law!
I found this while surfing:
"I once considered writing a short story about a world run and
populated by lawyers [attorneys, for our American cousins], but
just thinking about it brought on such a wave of despair and
nausea that the project was abandoned. Ironically, the ccNSO [the
Country Code Names Supporting Organisation] found itself in just
such a position earlier in the week, with one member suggesting
that, during a long, drawn-out debate over the format of
"accountability frameworks" signed with ICANN, that all the
lawyers be asked to leave the room while everyone else carried out
a discussion. They would then be invited back in once the details
had been thrashed out and only then asked for their opinion. Now
that's the kind of original thinking that made the internet such a
success in the first place.
[My lawyer would like me to make clear that the previous text
constitutes fair comment appearing as it does in a light-hearted
first-person piece defined by its subjectivity. Lawyers are, and
will remain, vital contributors to society and I retain the utmost
professional respect for them all without prejudice.]"
It was part of a blog published in The Register about an Internet
conference last July. The whole thing was quite interesting
really:
http://www.theregister.co.uk/2005/07/15/icann_blog_wed/
One thing I'd like to ask the ccSNO is why Irish websites have an
"ie" suffix.
Legal Practitioner
More good stuff from Consilio Magazine, edited by Mike Semple
Piggot
Law of Contract
"Review of Mistake, Rectification and Mistake" by Hilary Panford
http://www.spr-consilio.com/art118.htm
This is the second article using the Kyle Bay Ltd (trading as
Astons Nightclub) v Underwriters subscribing under policy
019057/08/01 [2006] EWHC 607 (Comm), as a basis for reviewing
[this] topic . . .
Equity & Trusts
"Dissolution of unincorporated associations and distribution of
assets" by M Ramjohn Barrister JP
http://www.spr-consilio.com/art117.htm
The rules of the association usually provide the procedure for
enforcing rights and ownership of interests in respect of a
distribution of the assets of the society on a dissolution. If the
rules make provision for the distribution of assets on a
liquidation those rules will be decisive and the court will merely
give effect to them. But in the event that the rules are silent as
to the destination of the surplus funds on dissolution, the courts
are required to resolve the mode of distribution of the assets.
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
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freely reproduced provided that appropriate accreditation is
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