Newswire 99
By Steve Butler and Joe Reevy
Number 99
12th May 2006
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PART ONE
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get the HTML version issued in due course.)
UKLawyers E X P R E S S . . . . .>>>>
Legal Newswires on the Run
By Steve Butler and Joe Reevy
Number 6
12 May 2006
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and add some comments!
Only 14 links take you to the latest legal news.
Up to date to 12 May 2006.
These links now show news items in reverse datal order for
ease of reference.
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
http://www.uklawyers.co.uk/cms/latest/lt_land
Legal Practice and Lawyers
http://www.uklawyers.co.uk/cms/latest/lt_legalpractice
Litigation, Courts and Human Rights
http://www.uklawyers.co.uk/cms/latest/lt_litigation
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.
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.
PART TWO
This week's wire is a day late because I was busy.
TRY OUR NEW BLOG : http://ukblawgers.blogspot.com
and add some comments!
Contents
========
The Leading Question - a New Meaning to Tesco Law?
"Focus on Parliament" Feature
Adoption / Paternity Pay Calculator Feature
Site Of The Week -craigslist
uklawyers legal newswires
Practical Cases and Materials
Lawindexpro
Lammas Section
Oh! What Lovely Law!
Legal Practitioner
The Leading Question
A New Meaning for TescoLaw?
I attended a seminar this week about the Mental Capacity Act 2005
(the MCA) and the speaker expressed the opinion that some members
of the government were trying to reduce the influence of the
professions. Some politicians believe that the professions are
not significant and that professionalism is not important. In
support of this statement he produced some astonishing evidence.
The MCA creates a new sort of Power of Attorney called a Lasting
Power of Attorney. This is given by the Donor while they have the
mental capacity to do so and then comes into effect only when the
Power is registered with the Court of Protection, something which
will often (but not necessarily) happen after the person has lost
mental capacity. The power includes provisions about personal
care and can even involve the Attorney in decisions about the
disconnection of life support machines. It is therefore
considered to be very important that everyone accepts that the
person actually did have full mental capacity at the time when the
Power was granted. To this end the form incorporates a new
certificate to that effect which has to be signed at the time the
power is made.
A rather vital and crucial certificate you would have thought and
absolutely essential to make sure that it is done properly and
professionally. This certificate might be your death warrant!
You would surely want to be sure that the person giving it was
truly competent and professional. "Not so" says the government,
"anybody can do it!"
The consultation paper included a draft prescribed form which set
out the proposed list of people qualified to sign this life or
death certificate. Here is the list, in the order suggested:
anybody (yes, whatever his or her qualification) who has known you
for at least 2 years
or [no matter how long they have known you]
a local business person or shopkeeper;
a registered social worker;
a General Practitioner (GP) or any other registered Medical Health
Care Professional;
a police officer;
a bank or building society officer;
a solicitor, barrister, magistrate or Justice of the Peace;
a librarian;
a minister of religion;
a professionally qualified person, for example, a teacher or
engineer;
a local authority councillor;
a civil servant;
a Member of Parliament (MP) or Member of the European Parliament.
(MEP)
And is NOT
a relative of the donor;
a husband, wife or civil partner of the donor;
a person who has lived with the donor as husband or wife or as
civil partner for two years or more;
an attorney appointed under this form or any other LPA or any
other enduring power of attorney;
a current paid carer;
the manager or an employee of the care home where the donor
resides; and
a person named on the form to be notified of an application to
register this LPA.
(Notice the absence of relatives of the donee of the power from
this exclusion list!)
I've got nothing against shopkeepers, but would you let the
manager of your local Tesco decide if you had mental capacity to
do anything?
Apparently this prevision has caused a lot of controversy. The
consultation period is over now and the results are awaited. But
doesn't the very fact that this decision, this vital decision, has
been taken out of the hands of true professionals, with all the
accountability and competence which that entails, convince you
that the government does not like professionals of any type?
Here are the consultation papers:
http://www.dca.gov.uk/consult/powerattorney/cp0106.htm
Regards
Steve Butler
Solicitor
Newswire Editor
smb@e-solicitors.co.uk
Law Society Newsletter Feature 2
Focus on Parliament - Issue 3
Last issue Monday 24 April 2006
http://digbig.com/4hpgx
Welcome to April's edition of 'Focus', bringing you a round-up of
the latest news, views and information from the legal world, plus
access to the Law Society's latest Bill briefings.
Please feel free to contact the Society's Parliamentary Unit on
020 7320 5932 or parliamentaryunit@lawsociety.org.uk at any time if you
feel we could be of assistance.
You can subscribe to receive this newsletter by e-mail.
Statutory Adoption and Paternity Pay Calculators Feature
Statutory Adoption and Paternity Pay Calculators
New on ther Inland Revenue site, some helpful calculators (if they
work properly):
Statutory Paternity Pay (birth) Calculator
http://www.hmrc.gov.uk/calcs/sppb.htm
This tool is now available to help you work out if you have to pay
SPP(b) to your employee and if so how much. It will also help you
to work out how much SP funding you may be able to get back.
Statutory Paternity Pay (adoption) Calculator
http://www.hmrc.gov.uk/calcs/sppa.htm
This tool is now available to help you work out if you have to pay
SPP(a) to your employee and if so how much. It will also help you
to work out how much SP funding you may be able to get back.
Statutory Adoption Pay Calculator
http://www.hmrc.gov.uk/calcs/sap.htm
This tool is now available to help you work out if you have to pay
SAP to your employee and if so how much. It will also help you to
work out how much SP funding you may be able to get back.
Words4Business
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Contact: Words4Business ( http://www.words4business.com ).
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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 - craigslist
craigslist online community - where you can place LOCAL classified ads
for free
Leeds site:
http://leeds.craigslist.org/
Manchester site:
http://manchester.craigslist.org/
London Site:
http://london.craigslist.org/
These things are growing as the London site shows. Posting an ad
is easy. Try it. Look for me under legal services in the Leeds
site.
craigslist factsheet
Q: What is craigslist?
A: Local community classifieds and forums - a place to find jobs,
housing, goods & services, social activities, a girlfriend or
boyfriend, advice, community information, and just about anything
else -- all for free, and in a relatively non-commercial
environment.
Q: What is craigslist trying to accomplish?
A: Provide a trustworthy, efficient, relatively non-commercial
place for folks to find all the basics in their local area.
Q: Why doesn't craigslist focus more on generating revenue?
A: We rely on local communities to suggest ways to make money
without compromising craigslist.
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 smb@e-solicitors.co.uk with 'subscribe' in
the subject line and we'll do the rest.
PRACTICAL CASES AND MATERIALS
Commercial and Contract
Assignment of Contract - Industrial and Friendly Societies
Stansell Ltd and another v Co-operative Group (CWS) Ltd [2006]
EWCA Civ 538
CA
9 May 2006
Daily Law Notes Report Summary
The language of s 51 of the Industrial and Provident Societies Act
1965, enabling one registered society to transfer to another its
engagements and assets by special resolution so as to vest the
transferor's property without formal conveyance or assignment, was
broad enough to include the benefit of a building contract entered
into by the transferor society even though the contract prohibited
assignment.
New Clauses to Keep Company Law Reform 'Light Touch'
DTI Press Release
3 May 2006
A package of measures to support the Government's overhaul of
company law was announced today by Industry and Regions Minister
Alun Michael. The measures include changes to: Directors' Duties;
Narrative Reporting; and Derivative Claims. As part of the
package, the Government will also clarify the position on
liability for disclosures under the Companies Act and for
implementation of the EU Transparency Obligations Directive. Draft
clauses on a proposed regime for liability have been issued today
for a short period of public consultation.
Insolvency - Parent and Subsidiary in Different EU States
In re Eurofood IFSC Ltd (Case C-341/04)
ECJ
2 May 2006
Daily Law Notes Report Summary
ECJ Judgment
The presumption, for the purposes of the rule that the courts of
the EC member state where a debtor's main interests were situated
had jurisdiction to open insolvency proceedings, that, in the case
of a company, that was where its registered office was situated,
could only be rebutted by objective factors that were
ascertainable by third parties; the fact that the company was a
"letterbox" company that did not carry out any business in the
state where it had its registered office would suffice, but the
mere fact that it was a subsidiary whose economic choices were
controlled by a parent company in another state would not.
Crime and Punishment
The Proceeds of Crime Act 2002 (Money Laundering:
Exceptions to Overseas Conduct Defence) Order 2006
SI 2006/1070
Coming into force 15th May 2006
Explanatory Memorandum
Under amendments to the Proceeds of Crime Act 2002 which will come
into force at the same time as this Order, there will be a new
defence to the money laundering offences in that Act. The defence
will apply where a person knows or believes on reasonable grounds
that the acts which produced the proceeds took place in a
particular country overseas and the acts were lawful in that
country. Under the Order the defence applies only if the act
generating the proceeds would not be punishable in the United
Kingdom by a maximum sentence of more than 12 months'
imprisonment. The Order also sets out a few exceptions to this
rule.
The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006
SI 2006/1116
Coming into force 16 May 2006
Explanatory Memorandum
Part IV of the Criminal Justice Act 1988 ("the Act") empowers the
Attorney General to refer certain criminal cases to the Court of
Appeal, with the leave of that Court, where he considers that the
sentences imposed were unduly lenient. By virtue of section
35(3)(b)(i) of the Act, Part IV applies to offences which are
triable on indictment only. The Secretary of State may by Order,
made under section 35(4) of the Act, specify further cases to
which Part IV is to apply. Article 2 of this Order provides that
Part IV is to apply to the cases specified in Schedule 1, the
majority of which derive from the Sexual Offences Act 2003.
Dishonesty - Theft - Corruption
Wheatley and another v Commissioner of Police of the British
Virgin Islands [2006] UKPC 24
PC
4 May 2006
Daily Law Notes Report Summary
Privy Council Judgment
Although in most cases of theft there would be an original owner
of money or goods who would be poorer because of the defendant's
conduct, the prospect of loss was not determinative of the
dishonesty necessary to establish the offence.
Police Have to Police Concerts For Free
West Yorkshire Police Authority v Reading Festival Ltd [2006] EWCA
Civ 524
CA
3 May
Daily Law Notes Report Summary
A promoter of an event would not ordinarily be liable to pay for
"special police services" under s 25(1) of the Police Act 1996 in
respect of police attending at the event unless there had been
agreement, at least in broad terms, between the promoter and the
police as to what services were being provided.
Moneylaundering - Requirement for Knowledge
of Illegality - Suspicion Not Enough
R v Saik [2006] UKHL 18
HL
3 May 2006
Daily Law Notes Report Summary
House of Lords Judgment
To be guilty of conspiracy to launder money, contrary to s 93C(2)
of the Criminal Justice Act 1988, s 1(2) of the Criminal Law Act
1977 required that the accused had to be aware that the property
involved was in fact the proceeds of crime or, in the case of
unidentified property, intend that it would be; suspicion was not
enough.
Employment and Discrimination
Weekly Law Reports Cases
Compensation
Langley and another v Burlo
EAT:
3 March 2006
Daily Law Notes Report Summary
Compensation for sick employees dismissed while ill - basis of
calculation - full pay or sick pay.
"Damages had to be measured by the rights which would have arisen
under the contract unaffected by the statutory provisions. "There
was no legitimate basis for assessing the compensatory award so as
to provide a bonus above the loss in fact flowing from the
dismissal itself."
The following items are reproduced with the kind permission
of Daniel Barnett, barrister (http://www.danielbarnett.co.uk):
Daniel's Commentary
Age Discrimination Transitional Provisions
4 May 2006
Daniel has been asked by a number of people to make my flowcharts
for the 'right to request not to retire' transitional provisions
publicly available.
Here they are...
View transitional priovision flowcharts
http://www.danielbarnett.co.uk/pdf/age_transitional.pdf
Acas Discussion Paper
3 May 2006
Acas has issued a fascinating discussion paper, setting out its
views on the 2004 dispute resolution procedures, the future of the
tribunal system and the future of conciliation.
Key points include:
* since the pre-acceptance procedures came in in October 2004, 10%
of submitted claims have been rejected at the pre-acceptance
stage. Less than half have of the rejected claims have been
re-submitted.
* the fixed conciliation period (of 7 or 13 weeks) is not
assisting settlement of disputes. Parties are not ready to settle
so early on; indeed, the 7 week period can almost expire before
large employers receive the papers and allocate the case to the
correct person within its organisation. As Acas states, "The
seven-week period is proving far too short to offer meaningful
conciliation in many cases."
* although Acas has a power to conciliate once the fixed
conciliation period has expired, it has taken a policy decision
not to do so as if it routinely exercised its power to extend the
conciliation period, it would undermine the purpose of the
legislation. Exceptional cases where it would conciliate outside
the fixed period include cases where a large number of
unrepresented Claimants are involved, where there have been delays
in receiving paperwork from the tribunal offices, or because of
the incapacity of a party due to serious illness.
* due to budget cuts and the new performance measure imposed by
the DTI (assessing Acas by the number of hearing days saved,
rather than the number of cases settled), Acas has taken a policy
decision to reduce the amount of time it will spend conciliating
short-period cases (such as deductions from wages, breach of
contract and redundancy claims). This is because a settlement in a
short-period claim is regarded by the DTI as saving 1/4 day,
whereas other types of settled cases are regarded as saving a
greater amount of hearing time).
View Acas Policy Discussion Paper
http://www.acas.org.uk/media/pdf/j/s/discusapril06_1.pdf
Repayment Clauses in Compromise Agreements
3 May 2006
The Court of Appeal has handed down an important decision in CMC
Group plc v Zhang.
Mr Zhang signed a contract (not strictly a compromise agreement,
but that does not matter) settling his claim against CMC for
$40,000. It contained a clause, common in compromise agreements,
that the full $40,000 would be immediately repayable if Mr Zhang
broke any terms in the agreement (namely, non-harassment /
derogatory remarks clauses).
CMC Group alleged that Mr Zhang broke his side of the deal, and
issued proceedings for the return of the $40,000. They obtained
default judgment, with damages to be assessed. Mr Zhang appealed.
The issue for the Court of Appeal was whether the repayment clause
was valid, or whether it amounted to a penalty clause.
The Court of Appeal noted that the other provisions in the
agreement (such as Mr Zhang not being able to bring further
claims) remained enforceable. They considered that fixed damages
for breach of the non-derogratory statement clause of $40,000 were
plainly excessive, when the damages flowing from a derogatory
statement might only be nominal.
Accordingly the repayment clause was a penalty and, whilst CMC
Group was free to bring a claim for the damages it had actually
incurred, it could not recover the $40,000 without proving it had
incurred that amount of loss.
The Court of Appeal has granted permission to appeal to the House
of Lords.
CMC Group v Zhang
BAILII Judgment
House of Lords Dismisses Rutherford Appeal
3 May 2006
The House of Lords has, today, dismissed Mr Rutherford's appeal in
Rutherford v DTI (previously Harvest Town Circle).
Mr Rutherford was over 65. He wanted to claim unfair dismissal,
but was prevented by ERA 1996, s109 (the upper qualifying age). He
argued that the upper qualifying age had an adverse impact on a
higher proportion of men than women, as more men wanted to work
beyond 65, and was therefore indirectly discriminatory and
contrary to EU Article 141.
In five different speeches, the Lords held that Mr Rutherford had
used the wrong statistics, and that the statistics he had produced
did not support a finding of adverse impact. As Lord Walker
acknowledged, the five diferent opinions do not yield an obvious
legal principle to enable an easy summary of the case.
The appeal was dismissed, and the upper qualifying age is
confirmed to be lawful. Hundreds of claims brought by the
over-65s, all stayed by tribunals, will now be dismissed.
Just as a note, from October 2006 (when age discrimination laws
come into force), the upper qualifying age disappears, and those
over retirement age will be free to claim unfair dismissal.
Daily Law Notes Report Summary of the same case:
Discrimination - Over 65's
Secretary of State for Trade and Industry v Rutherford (No 2);
Same v Bentley [2006] UKHL 19
HL
3 May 2006
House of Lords Judgment
There was no sex discrimination within art 141 of the EC Treaty
where statutory provisions denying the right to compensation for
unfair dismissal and redundancy pay to those over 65 applied to
the same proportion of women still in employment after that age as
of men.
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
General
=======
Law Commission Newsletters Give Projects Update
25 April 2006
http://www.lawcom.gov.uk/docs/newsletter_spring_2006.pdf
Murder, Assisting Crime, Cohabitation, Tenancies - see what
progress they are making.
Government
Bridget Prentice Launches Democracy Debate
DCA Press Release
9 May 2006
The Democracy Series:
Stimulating debate and political engagement is the aim of a series
of pamphlets that will be launched today by Democracy Minister
Bridget Prentice.
Read the first booklet:
"Democracy and Islam"
One long and three short essays, the one confusing and the others
critical of it.
Demonstrations - SOCPA
R (Haw) v Secretary of State for the Home Department and another
[2006] EWCA Civ 532
CA
8 May 2006
Daily Law Notes Report Summary
Adopting a purposive construction, s132(1) of the Serious
Organised Crime and Police Act 2005 applied to all demonstrations
including those which had begun before the section came into
force. A blow for Brian Haw, the man with the megaphone in
Parliament Square.
Immigration and Nationality
The Immigration (European Economic Area) Regulations 2006
SI 2006/1003
Coming into force 30 April 2006
Explanatory Memorandum
The main new developments, which are reflected in these
Regulations, are:
(a) the inclusion of civil partners as family members of EU
nationals along with spouses so far as member States who treat
such partnerships as equivalent to marriage are concerned;
(b) the introduction of an initial right of residence of 3 months
in a host member State for EU nationals and their family members
provided they do not become an unreasonable burden on the social
assistance system of the host member State – this right of
residence is not conditional on the EU national being, for
example, a worker, self-employed, as was the case under the
repealed Directives;
(c) the introduction of a permanent right of residence in a host
member State, which generally applies after 5 years residence in
that member State.
Rights of Children Educated in UK
Ali v Secretary of State for the Home Department [2006] EWCA Civ
484
CA
4 May 2006
Daily Law Notes Report Summary
Art 18 of the EC Treaty did not provide a child who was a citizen
of another member state with an unfettered right of residence in
the United Kingdom on the foundation that he was receiving
state-funded education in that state.
Intellectual Property and Computers
The Community Trade Mark Regulations 2006
SI 2006/1027
Coming into force 29th April 2006
Explanatory Memorandum
A Community trade mark registered at the Office for Harmonization
in the Internal Market (trade marks and designs) under the
Community Trade Mark Regulation has effect throughout the
Community. As a result of the Community's accession to the Madrid
Agreement Concerning the International Registration of Marks
(adopted at Madrid on 27th June 1989), holders of an international
registration under that Protocol may apply for protection of their
marks under the Community trade mark system; and conversely
applicants for, or proprietors of, a Community trade mark may
apply for international protection of their marks under the
Protocol. The provision made by these Regulations in respect of
the Community trade mark also extends to marks protected under
that Protocol in the territory of the Community.
Land and Environment
The Introductory Tenancies (Review of Decisions to
Extend a Trial Period) (England) Regulations 2006
SI 2006/1077
Coming into force 3 May 2006
Explanatory Memorandum
There is regime of introductory tenancies which local housing
authorities and housing action trusts may elect to operate. Where
such a regime operates the tenancy is an "introductory tenancy"
until the end of the trial period which is for a period of one
year. This allows local housing authorities and housing action
trusts which have elected to operate an introductory tenancy
regime to extend the trial period in individual cases for a period
of six months.
Planning - Environmental Assessment
R (Barker) v Bromley London Borough Council (Case C-290/03)
ECJ
4 May 2006
Daily Law Notes Report Summary
ECJ Judgment
Arts 2(1) and 4(2) of Directive 85/337 on the assessment of
environmental effects of public and private projects required an
environmental impact assessment ("EIA") to be carried out if, in
the case of planning consent comprising more than one stage, it
became apparent in the course of the second stage that the project
was likely to have significant environmental effects.
Housing Dispute Resolution
The Law Commission have recently published an issue paper and
consultation on Housing Dispute Resolution. The well known online
legal service Landlord-Law (http://www.landlordlaw.co.uk), run by
solicitor Tessa Shepperson, has now produced in association with
the Law Commission an online answer form to allow landlords,
tenants and their advisors to respond to this easily. The form can
be found either by navigating to the Law Reform section of the
Landlord-Law site or via the special url www.law-reform.co.uk.
All responses will be forwarded to the Law Commission when the
consultation period ends on 11 July 2006, and at that time a
summary report of the responses received will be complied and
published on the Landlord-Law site.
Legal Practice and Lawyers
New Conflict and Confidentiality Rules in Force
Law Society Press Release
5 May 2006
New rules are now in force which regulate conflicts of interest
and the duties of confidentiality and disclosure. Chapters 15 and
16 of the Guide to the Professional Conduct of Solicitors (the
Guide) which formerly dealt with these issues have been repealed.
We have issued detailed guidance which explains how the rules
apply.
New Consumer Complaints Service Chief Executive Appointed
Law Society Press Release
5 May 2006
The Consumer Complaints Board (CCB) has appointed Deborah
Evans as the new chief executive of the Consumer Complaints
Service (CCS) of the Law Society. Deborah is the last of the three
chief executives to be appointed to lead the re-organised Law Society
and to replace Janet Paraskeva, who will be moving on to other
roles, including that of First Civil Service Commissioner. Antony
Townsend has been appointed the new chief executive Regulation.
Desmond Hudson is the new chief executive of the Law Society's
non-regulatory work.
Litigation, Courts and Human Rights
Breach of Statutory Duty - Does Duty Exist?
Vibixa Ltd v Komori UK Ltd and others; Polestar Jowetts Ltd v
Komuri UK Ltd and another [2006] EWCA Civ 536
CA
9 may 2006
Daily Law Notes Report Summary
Health and Safety regulations made under s 15(1) of the Health and
Safety at Work etc Act 1974 could not form the basis of a claim
for damages on the ground of breach of statutory duty under s 47
of the Act by a purchaser of machinery in respect of property
damage or consequent loss of profits.
Supreme Court Plans
The DCA has plans for developing a Supreme Court
http://www.dca.gov.uk/supreme/index.htm
The plans for the building are now available and in progress:
DCA Press Release
5 May 2006
The proposals for the refurbishment of Middlesex Guildhall, as the
new Supreme Court, were today submitted to Westminster City
Council by the Department for Constitutional Affairs.
Defendants Not Aware of Hearing - Setting Aside
Judgment Obtained in Absence
Estate Acquisition and Development Ltd v Wiltshire and another
[2006] EWCA Civ 533
CA
4 May 2006
Daily Law Notes Report Summary
The fact that a continuing legal relationship existed between
parties, such as that of landlord and tenant, did not of itself
oblige the parties to ensure that they had in place a system for
ensuring that, in the event that litigation occurred, they
received communications relating to the litigation.
Money, Property and Tax
Possession Proceedings Issued in the County Courts -
First Quarter 2006
DCA Press Release
5 May 2006
The Department for Constitutional Affairs today publishes figures
for mortgage and landlord possession actions entered in the county
courts of England and Wales for the first quarter of 2006.
Now including proceedings issued by social landlords. Not good .
. .
Inheritance Tax
Inland Revenue Inheritance Tax Newsletter (PDF 187K)
The April edition of the IHT Newsletter is now available on-line.
Bankruptcy
R (Steele) v Birmingham City Council and another: [2005] EWCA Civ
1824
CA
16 December 2005
Daily Law Notes Report Summary
Benefit claimant's bankruptcy not a bar to government reclaiming
benefit after bankruptcy discharged.
Personal Injury
Asbestos Litigation Disappointment
Barker v Corus (UK) Plc; Murray v British Shipbuilders
(Hydrodynamics) Ltd and others; Patterson v Smiths Dock Ltd and
others [2006] UKHL 20
HL
3 May 2006
Daily Law Notes Report Summary
House of Lords Judgment
Employers who were liable in damages, pursuant to the decision in
Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22; [2003]
1 AC 32, to workers who had contracted mesothelioma following
exposure to asbestos dust by more than one employer were
severally, not jointly and severally, liable for the exposure.
Cases Generally
lawindexpro - As Good As Ever
Now with 106,953 cases indexed (with over 200 added in the
last week) and over 242,934 references.
New Slogan this week (nice and simple): Search+ with new icons
See what you think to these specialist NUISANCE examples:
Nuisance - Other Torts
Hunter and Others -v- Canary Wharf Ltd;
Same -v- London Docklands Development Corporation [1997]
2 All ER 426
HL
25 April 1997
The claimant, in a representative action complained that the works
involved in the erection of the Canary Wharf tower constituted a
nuisance in that the works created substantial clouds of dust and
the building blocked her TV signals, so as to limit her enjoyment
of her land. Held: The interference with TV reception by an
adjoining development is not capable of being nuisance to land in
law. An action in private nuisance will only lie at the suit of a
person who has a right to the land affected. When assessing
damages for nuisance, loss of amenity was an appropriate measure
where no capital loss was established and loss of use was an
additional head. Nuisance is a tort directed at protection of
interests in land only. (Lord Lloyd of Berwick) "Private nuisances
are of three kinds. They are (1) nuisance by encroachment on a
neighbour's land; (2) nuisance by direct physical injury to a
neighbour's land; and (3) nuisance by interference with a
neighbour's quiet enjoyment of his land".
This case cites 52 cases:
This case is cited by 7 cases
Links to judgments: - Bailii
Nuisance - Land
Rylands -v- Fletcher (1868) LR 3 HL 330
HL
1st January 1868
The defendant had constructed a reservoir to suply water to his
mill. Water escaped into nearby disused mineshafts, and in turn
flooded the plaintiff's mine. The defendant appealed a finding
that he was liable in damages. Held: The defendant is bound 'sic
uit suo ut non laedat alienum'. "The defendants, treating them as
the owners or occupiers of the close on which the reservoir was
constructed, might lawfully have used that close for any purpose
for which it might in the ordinary course of the enjoyment of land
be used; and if, in what I may term the natural user of that land,
there had been any accumulation of water, either on the surface or
underground, and if, by the operation of the laws of nature, that
accumulation of water had passed off into the close occupied by
the plaintiff, the plaintiff could not have complained...On the
other hand if the defendants, not stopping at the natural use of
their close, had desired to use it for any purpose which I may
term a non-natural use, for the purpose of introducing into the
close that which in its natural condition was not in or upon it,
for the purpose of introducing water either above or below ground
in quantities and in a manner not the result of any work or
operation on or under the land, - and if in consequence of their
doing so, or in consequence of any imperfection in the mode of
their doing so, the water came to escape and to pass off into the
close of the plaintiff, then it appears to me that that which the
defendants were doing they were doing at their own peril; and, if
in the course of their doing it, the evil arose to which I have
referred, the evil, namely, of the escape of the water and its
passing away to the close of the plaintiff and injuring the
plaintiff, then for the consequence of that, in my opinion, the
defendants would be liable."
This case cites 3 cases
This case is cited by 37 cases
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/.
Lammas Section
http://www.lammas.org.uk/
Lammas
Low Impact Settlement Project (South West Wales)
The Lammas group was formed on 1st August 2OO5.
The group's aim is to create and promote an exemplary low-impact
settlement in South West Wales.
Our concept is that of a new build permaculture development of
30-45 dwellings, centred on a village green. The land will be rich
in trees and wildlife. The dwellings will merge with the natural
environment that surrounds them. They will be highly innovative
and earthy, using the latest environmental technologies combined
with local natural materials. Each dwelling will be unique, having
been essentially created by the people living in them. Indeed, we
expect that the site will become a showcase for low-impact
building and living.
Click here to view the Lammas Vision presentation:
Latest IE versions only
OH! What Lovely Law!
Sir John Mortimer, a famous barrister and writer.
Brief autobiography
http://www.penguin.co.uk/nf/Author/AuthorPage/0,,1000023047,00.htm
More detailed bibliography
http://www.fantasticfiction.co.uk/m/john-mortimer/
Read extracts from some of his books:
http://www.penguin.co.uk/static/cs/uk/0/extracts/index.html
including Rumpole, the famous funny barrister.
The first time I came across Mortimer was in the mid-1970's when I
saw an amateur version of his autobiographical play "Voyage Round
My Father" about his relationship with his blind father. I did
not enjoy it at the time but later took over the practice of a
blind solicitor and realised what he had been getting at! And, of
course, Rumpole is always good.
Legal Practitioner
More good stuff from Consilio Magazine, edited by Mike Semple
Piggot
Litigation
"BCCI v Bank of England"
by Dr John Birchall
http://www.spr-consilio.com/art116.htm
The judgment on indemnity costs in the BCCI v Bank of England case
will stimulate the profession, and perhaps the judiciary, to
reflect on the ways in which the courts can regulate the conduct
of litigation.
Commentary from Lucy Trevelyan about the Law Society
Someone who has a lower opinion of the Law Society than I do!
"Gloves off …"
http://www.spr-consilio.com/art111.htm
An article written some weeks ago but still relevant:
An hilarious bun-fight kicked off this week between the Law
Society and the Legal Services Complaints Commissioner, Zahida
Manzoor, after the latter knocked back the Society's scarily named
"final Plan" for securing effective complaints handling for the
coming year.
When you've read this, let us know what you think:
smb@e-solicitors.co.uk
Any feedback is welcome, positive or not - we do listen and learn.
Regards
Steve
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