Issue No. 144 March 2003 W RIT · Issue No. 144 March 2003 W RIT JOURNAL OF THE LAW SOCIETY OF...

THEIssue No. 144 March 2003

RITWJOURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND

Family Law Practitioners . . . . . . . . . . . . . p4

New Bar Library . . . . . . . . . . . . . . . . . . . p5

CONTENTSNIYSA. . . . . . . . . . . . . . . . . . . . . . . . . . .p8

Belfast Solicitors’ Association . . . . . . . . .p10

Risk Management . . . . . . . . . . . . . . . . . . p12

Law Centre NI . . . . . . . . . . . . . . . . . . . . . p18

Days Like Thesewhere special thingswould happen whichwould make peoplefeel very specialindeed.

And no-one wasdisappointed. Theearly promise of theweek-end wasconfirmed on the firstevening when a superbdinner with excellentwines was made themore memorable bythe absence ofspeeches and theshortest grace inhistory. Thereafter tothe comfortable and (tosome) obviously familiar setting of theDungeon Bar. There into the small hoursold friendships were renewed, newmusical talent was discovered, songs weresung by many, and very little honest

feedback was given.

The following day (forsome, later the same day)the weather was againverging on the miraculousfor the time of year.Perhaps equallyastonishing was theturnout at the ConferenceBusiness Session on RiskManagement led off bythe inimitable TomMcGrath. He wasfollowed by threespeakers from one of themain Conference sponsors(St Paul Insurance) – TimPrior, Jonathan Davies,

Above: Paul and Judith Brown, Nigel and SiobhanBroderick, Hugh and Michelle Edgar and Mark Campbell.

Above: Tim Prior, Olivia Burren, Joe Donnelly, TomMcGrath and Jonathan Davies.

As the sun rose on another perfect daythe calmness of Lough Corrib wasreflected in the eyes of the quiet manwho sat musing on what had been theLaw Society of Northern IrelandConference 2003. He sat in acomfortable armchair glowing withgoodwill and modest satisfaction at ajob well done. To his left lay thediscarded Rembrandt-like emblems ofthe night before: a bow tie, aStratocaster and a chain of office. To hisright reposed the surviving relicts of thecompany, a few otherwise well-respected colleagues and friends whomay have enjoyed themselves not wiselybut too well.

It had all begun so well with record-breaking numbers of guests, delegates,partners and assorted children. Thearrival was spectacular not just in termsof blue skies and warm breezes but themagnificent entrance to Ashford Castlesuggested that this was a special place

Olivia Burren. The general theme was‘Working within a more profitable andpleasurable practice’ and includedsessions on claims experience, the roleof the underwriter, and managing thelife cycle of a file (from start to archive).It is a tribute to all of the speakers thatthey held the attention of the audienceso effectively combining very practicalrisk management advice with anentertaining style of presentation. Thiswas a high quality session commendedby all who were able to be both presentand sentient.

Then on to the afternoon at leisure. Formany this meant golf (inevitably),tennis, fishing, for some a trip toGalway City, a boat cruise, falconry,horse-riding, or clay pigeon shooting.For others it meant the avoidance of allof the above, the recovery ofequilibrium and sustained preparation

Continued on page 2...

Connolly, theLarry Adler ofNewry City. Wewere notworthy.However, themegastar wasundoubtedly theexcellent TraceyDiamond withher show-stealing soulful

solicitors’ siren songs. And then, viathe disco, once more into the cellar.

As he pondered in his chair on whathad been, thePresident (for itwas he) reflectedon all the thingsfor which he wasthankful.Thankful for theweather, for theorganisationalskills of ClairBalmer and herteam, for thehotel staff whohad made thewhole event sowarm andenjoyable, forthe financialsupport providedby the sponsors

particular mention shouldbe made of our ownPresident featured onrhythm guitar and leadvocals. Commendationdue also to Norville

2

March 2003

Continued from front cover...

The Southern Education and Library Board

LAND REGISTRYFOLIO 22418

COUNTY ARMAGHREGISTERED OWNER: GRACEYS

CONCRETE PRODUCTS LIMITED LANDAT TANDRAGEE COUNTY ARMAGH

Take notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above mentioned folioshould produce same Land Certificate orcommunicate such information to theundermentioned solicitors.

And take further notice that unless thesaid Land Certificate is so produced oradequate information as to its whereaboutsis so communicated within three weeks ofpublication of this notice, a duplicateLand Certificate may be applied for.

Michael BrownEducation and Library Boards Legal ServiceSouth Eastern Education and LibraryBoard HeadquartersGrahamsbridge RoadDundonaldBELFASTBT16 2HS

ADVERTISEMENT

for the night to come.And so to the highlight of the weekend,the gala dinner. Again no extensivespeeches but more excellent food andcompany, a very worthwhile collectionfor the Solicitors’ BenevolentAssociation thanks to the persuasiveencouragement of John Gordon, a prizedraw and, (inevitably) the presentationof the golf trophies ably directed byRory McShane.

And finally, the entertainment. Andwhat entertainment! At least twobands featuring fine musicianship andenthusiasm in roughly equal measure.Excellent music and virtuosoperformances made more remarkable toeven the casual observer by the wide

Above: Alan Hewitt, Mrs Ruth Hewitt,John Pinkerton and Charles Kelly.

Above: David Preston (President, Law Society of Scotland),Geraldine Clarke (President, Law Society of Ireland) and JoeDonnelly (President, LSNI).

Above: Beverley Gilbert, Maria Grimes and Patricia Blaney.

Northern Bank (ably represented byLesley Burke), St Paul Insurance andMarsh, for Attracta Wilson and theoutstanding children’s programme, forthe support of his wife Agnes, and forthe company of so many friends andcolleagues. And as the haze lifted,meteorologically and metaphorically, hewas thinking to himself: “Wouldn’t itbe great if it was like this all the time?”

Above: The Bossplus Tracey.

diversity within the bands in terms ofage, hair-style, waist measurement,artistic temperament and musicaldirection. All of them were stars, but

3

March 2003

ADVERTISEMENT

George J Irwin (Assessors) Ltd76a Tullyard Road, Belfast BT27 5JN

Tel: 028 9082 6060 Fax: 028 9082 6655Email: [email protected]

• Accident Damage Assessment • Condition Report• Vehicle Valuation• Consultancy • Depreciation due to accident repairs

Members of the Institute of the Motor Industry and Institute of Automotive Engineer Assessors

On Red Nose Day, 14th March, all available male members of Society staffwere fitted with fetching red hair extensions to raise money for ComicRelief.

Peter O’Brien, Kevin Delaney and John McCormick (pictured here) shouldbe thoroughly congratulated forallowing their tresses to be doctoredin the name of charity. Specialmention should also be made ofMiriam from the Northern Law Clubwho painstakingly (and in JohnMcCormick’s case miraculously) fittedthe extensions. In addition, all othermembers of staff donated money forthe opportunity in taking part in aDenim Day free from uniforms. Staffand visitors to the Society and Clubraised a fantastic £500 for ComicRelief.

Law Society sees red forComic Relief

ADVERTISEMENT

To advertisein the Writplease contact Karen Irwin at:

Citigate NICitigate House157-159 High StreetHolywoodBT18 9HU

Tel: 028 9039 5500Fax: 028 9039 5600Email: [email protected]

4

March 2003

Proceedings in the FamilyDivision

The Family Division of the HighCourt has issued the following, allof which are effective from 20thFebruary 2003:-

(i) Practice Direction – 2003/1 whichdetails court requirements withregard to the preparation andcontent of court bundles ofdocuments in all final hearings infamily proceedings in the HighCourt(ii) Practice Direction - 2003/2which requires parties toproceedings under the Children (NI)Order 1995 or under the inherentjurisdiction of the High Courtrelating to children which arepending before the Family Divisionof the Court and which are to beheard by an assigned Judge sittingin that Division to provide a timeestimate of length of hearing inaccordance with the procedure setout therein(iii) a Practice Note in relation tohearings for the renewal of interimcare orders in proceedings broughtpursuant to Article 50 of theChildren (NI) Order 1995

These are essential documents forfamily law practitioners. They areall available from the Library onrequest in hard copy or in e-mailable form [email protected]

Costs in Legally Aided FamilyCare Centre Cases

Practitioners should note that theLegal Aid (Remuneration ofSolicitors and Counsel in CountyCourt Proceedings) (Amendment)Order (NI) 2003 (SR 2003 No.43)increases the maximum amountsallowable as remuneration forsolicitors and counsel acting forlegally aided persons in proceedings(other than equity suits and actionsremitted from the High Court) inthe county court to accord with thenew county court scale costs. Thenew maximum amount allowablefor solicitors of £2400 (previously£700) may be exceeded if the judgebefore whom the proceedings takeplace certifies that the maximumamount shall not apply.

FA M I LY L AW P R A C T I T I O N E R S

This Order applies to any assessmentof sums allowable to solicitors andcounsel in respect of proceedingscommenced after 3rd March 2003. Acopy of the Order is available atwww.northernireland-legislation.hmso.gov.uk

The Family Proceedings(Amendment) Rules (NI) 2003– SR 2003 No.75

These Rules amend the FamilyProceedings Rules (NI) 1996 so as tointroduce rules and forms relatingto the adoption of children inconsequences of the Adoption (NI)Order 1987 as amended by theAdoption (Intercountry Aspects) Act(NI) 2001.These Rules come into operation on1st June 2003. They will beavailable shortly atwww.northernireland-legislation.hmso.gov.uk

Children Order AdvisoryCommittee

The Third Report of the ChildrenOrder Advisory Committee hasrecently been published. TheReport sets out the Committee’sview on how the Children Order hasbeen working in practice over theperiod from 1 January 2001 to 31March 2002. While such asubstantial piece of legislation hasgiven rise to some difficulties, theCommittee believes that many ofthe challenges presented by it havebeen met.

A copy of the Report can bedownloaded from the Internet atwww.courtsni.gov.uk/publications/reports.htm

UK and Pakistan Consensuson Child Abduction

The President of the Family Divisionof the High Court of England andWales, Dame Elizabeth Butler-Slossrecently chaired a judicialconference in London attended bysenior members of the Pakistani andUK judiciaries. A Joint Protocol wassigned in relation to protecting thechildren of the UK and Pakistanfrom the harmful effects ofwrongful removal or retention fromone country to the other.

Mr Justice Gillen has requested thatthis Protocol be drawn to theattention of solicitors in NorthernIreland as it may be of importanceto people from Pakistan living here.A copy of the Joint Protocol isavailable from the Library onrequest in hard copy or in e-mailable form [email protected]

Child Support Scheme

The long awaited new ChildSupport Scheme came into force on3rd March 2003. Practitioners willhave to calculate child maintenancewith the new formula. Initially thiswill only apply to new cases. Onlyfour pieces of information will berequired for the basic calculation:-the net income of the ‘non-residentparent’, the number of childrenwho will be subject to thecalculation, the number of nights ofstaying contact the ‘non residentparent’ has with the children andthe number of ‘relevant other’children. The new streamlined rateswill be 15% of net income for 1child, 20% for 2 children and 25%for 3 or more children.

Child Tax Credit

Practitioners should be aware of anew system for family supportknown as child tax credit andworking tax credit starting on 7April 2003. By virtue of the TaxCredits Act 2002 child tax creditreplaces the child-based element inIncome Support, Job SeekersAllowance, Working Family TaxCredit, Disabled Persons Tax Creditand the current Children’s TaxCredit. Child Benefit remainsunchanged.

Government advises that nine outof ten families with children willbenefit from the new child taxcredit so it is vital that everyone isaware of the changes and knowshow to claim their entitlement.Further information can beobtained from the Inland Revenueor downloaded from the Internet atwww.taxcredits.inlandrevenue.gov.uk

5

March 2003

The new Bar Library building at 91Chichester Street, Belfast, will openfor business from Monday 28 April2003. As well as providing office anddesk accommodation forapproximately 550 barristers, the newbuilding will provide the mostmodern consultation facilities in 11new consultation rooms. Publicopening hours for the new buildingwill be 9am to 5.30pm. Members ofthe profession are asked to bear thefollowing points in mind:-

1. Change of AddressAfter 22 April 2003 allcorrespondence to Members of theBar at the Bar Library should beaddressed to:The Bar Library91 Chichester StreetBELFAST BT1 3JQ

Any post for the attention of theGeneral Council of the Bar ofNorthern Ireland should also be sentto this address.All Solicitors should in the firstinstance call at Reception of the newbuilding whether or not theirconsultations are booked to takeplace there. Only those clients whoseconsultations are booked at the newLibrary should attend there and onlythen in the company of their Solicitor.All other clients should attend in theMain Hall of the RCJ.Everyone attending the new Libraryfor a consultation will be asked tosign a Visitors’ Book.

2. Solicitors’ BoxesThe Solicitors’ boxes currently housedin the reception area of the old BarLibrary will cease to operate and willnot be replaced in the new Library.Members of the Bar have beenadvised that outgoing correspondenceto Solicitors should be sent via DX orRoyal Mail. Solicitors’ messengersshould be instructed to deliver maildirectly to the Post Room on theground floor of the new building.

3. Bar Library ReceptionThe reception desk at the old BarLibrary will cease to operate from 23April 2003. All enquiries of whateverdescription should be made toreception in the new building.

The New Bar Library BuildingInformation for Solicitors

4. Telephone SystemThe switchboard in the old buildingwill close on 11 April 2003. It iscurrently envisaged that there will bea skeleton service available between14 April – 23 April 2003 after whichnormal service should resume.Telephone numbers for the GeneralCouncil of the Bar of NorthernIreland, The Bar Library and for all itsMembers will remain unchanged.

Any queries in relation to this note orotherwise regarding the move to thenew building should be directed toour Chief Executive on 028 9056 2349.We look forward to welcomingeveryone at the new Bar Library.

Reg Weir QCChairman

ADVERTISEMENT

REPUBLIC OF IRELAND AGENTS

ADVERTISEMENT

Specialists In:

• Personal Injury Litigation• Conveyancing• Probate• Commercial• Family

ALL LEGAL WORK UNDERTAKENON AN AGENCY BASIS

FEE SPLITTING BY ARRANGEMENT

OUR OFFICES ARE LOCATED INDUBLIN CITY CENTRE

15 Lr Mount St, Dublin 2, DDE Box 140

Tel. No. (353-1) 6761100

Fax. No. (353-1) 6761630

E-Mail: [email protected]

6

March 2003

Seminar

Name of Attendee(s):

Company Name:

Please reserve the following number of places at the above event

Members Non-Members

£10.00 £15.00

I enclose a cheque for £_______________ as a non-refundable fee made out tothe Environmental and Planning Law Association for Northern Ireland.

Please return completed Booking Form to Claire Duffy, Secretary, EPLANI, c/o CleaverFulton Rankin, Solicitors, 50 Bedford Street, Belfast, BT2 7FW, DX 421 NR Belfast

NB. The EPLANI AGM will take place in June (date to be confirmed) and detailsof this will be advertised in a future issue of the Writ.

BOOKING FORM

STEPHEN DONAGHYI.Eng. M.Inst.AEA. F.IMI. M.SOE.

Automotive Consulting Engineer & Assessor

Tel & Fax: 028 9022 3357Mobile: 0780 895 2608

Email:[email protected]

Ideally qualified and suitablyexperienced to undertake

Appropriate Accident Investigationand Reconstruction of cases were,

private cars, light & heavyCommercial vehicles, farm machinery,

industrial site machines & theirassociated equipments are the

subject.

Experienced in Forensic Examination, the collection & recording of

evidence, compiling material factsleading to detailed reporting for the

purposes of Litigation.

6 Knockvale Grove, Knock, Belfast BT5 6HL

ADVERTISEMENT

We are willing to act as agents in most legal matters.

Our offices are close to Courts,Government Buildings and

Commercial Centre.

Fee splitting by arrangement.

Hughes & LiddySolicitors

2 Upper Fitzwilliam StreetDublin 2

Tel: (00 3531) 6766763or (00 3531) 6789701

Fax: (00 3531) 6766702

Republic of Ireland

Agents

ADVERTISEMENT

Tuesday 6 May 2003 - Review of the Planning Appeals Commission The Green Room, Belfast Waterfront Hall at 5.30 pm

This talk will discuss the role of the Planning Appeals Commission (‘PAC’)and reflect on its work over the past thirty years. John Warke, PACCommissioner will discuss the PAC's work and progress over this period. Reg Weir QC will critically assess the PAC's development during this time.

(This seminar carries 2 hours CPD)

3 Hour CPD Courses

Competition Law Update and the Enterprise Act

The Nil Rate Band Trust andModern Will Drafting

Insolvency and Tenant Default - A Practical

Overview

Disability and IllnessDismissals - The Law

Small Building Estates - Getting it Right

Stamp Duties forCommercial Properties -After Finance Act 2002

Rule 15 and Retainers - IsYour Client Care Working?

Agency and Distributorship

9th April 2003

27th May 2003

6th June 2003

25th September 200320th June 2003

3rd July 2003

13th August 2003

16th September 2003

Please return to: The Registrar, Central Law Training, Wrens Court, 52-54 Victoria Road,

Sutton Coldfield, Birmingham, B72 1SX DX: 708700 Sutton Coldfield

(Tel: 0121 355 0900 2 Fax: 0121 355 5517 :Book via our website at www.clt.co.uk

Please photocopy for additional delegates

Fee: £95 CLT Subscription Members £190 Non Subscription Members

NW63742

Title: First Name:

Surname:

Employer’s Name:

Employer’s Address:

Postcode: DX No:

Delegate’s Email:

Employer’s Tel:

Employer’s Fax:

Signed: Date:

7

March 2003

ADVERTISEMENT

51/52 Fitzwillian Square,

Dublin 2, Ireland

DX 109010 Fitzwilliam.

Tel: (3531) 6619826

Fax: (3531) 6614581

E-Mail: [email protected]

Willing to undertake agencywork on behalf of

Solicitors in Northern Ireland

Contact Marc Fitzgibbon

(Partner)

REPUBLIC OF IRELANDAGENTS

ADVERTISEMENT

LegalAccounting NI

Professional LegalBookkeeping Service

Provider

Our team includes ACA QualifiedAccountants, highly experienced

ILCA Bookkeepers, LegalAccounting Software Consultants

and Trainers.

Our Services include:

• Legal Bookkeeping

• Year-end accounts

• Software installation/

upgrade/audit

• Staff training

• Systems & procedural advice

• Short & long term leave cover

• PAYE and VAT administration

ADVERTISEMENT

Name:

Firm:

Address:

Email:

Tel:

I enclose remittance of £

8

March 2003

NIYSA - ANNUALCONFERENCE -DUBLIN

9th and 10th May 2003

The NIYSA has pleasure in invitingits members to attend our annualconference, which will take place inDublin this year. We are hosting theconference jointly with the Societyof Young Solicitors of Ireland (SYS)and the European Young BarAssociation (EYBA). We areconfident that the 2003 conferencewill be particularly special with abusy programme of seminarsessions and social functions. Thevenue for the conference is one ofDublin’s most lively and prestigioushotels, The Burlington.

The basic cost of the weekend is£285.00, per person, to includeregistration fee and the cost of b&baccommodation (on the basis oftwo persons sharing a room) andthe Gala Dinner on Saturday night.Travel is not included.

The first thirty five places will beavailable at the substantiallysubsidised price of £175.00. Placeswill be secured only upon receipt ofcheque and completed bookingform.

NBIf the Burlington Hotel isoversubscribed, accommodationwill be available at the MespilHotel.

AGENDA

Friday 9th May 2003

10.00-11.00Burlington Hotel – Herbert RoomRegistration and Welcome AddressPresident of the EYBA andMembers of the Irish LegalProfession

Seminar“From Chocolate to Kir Royale”The ongoing impact of the CassisDe Dijon and Chocolate Cases forFood Law in the European Unionand Beyond.Raymond O’Rourke, M.A. Barrister,Mason Hayes & Curran, Author –European Food LawMarie Gallagher, Solicitor, ArthurCox

11.00-11.15Coffee Break

11.45-12.30Seminar Speakers and topics to beannounced

19.00Bus Transfers from BurlingtonHotel to Jameson Distillery

19.30-LateJameson Distillery (Smithfield,Dublin)Traditional Irish Evening of Food,Entertainment, Irish WhiskeySampling and Tour of the JamesonDistillery

Saturday 10th May 2003

10.00-11.00SeminarOnline Dispute Resolution -Solving commercial disputes usingthe Internet

Brian Hutchison, BCL, LLM (NUI),DipArbLaw, FCIArb, BL, AssociateDean, Director Diploma inArbitration, University CollegeDublin

11.00-11.15Coffee break

11.45-12.30SeminarNB Mr. Justice Gillen will bedelivering a lecture on HumanRights. Details to be confirmed.

18.30Departure of Coaches for GalaDinner at Royal HospitalKilmainham

19.00-LateRoyal Hospital KilmainhamPre Dinner Reception, Gala Dinner,Band and DJ (Black Tie)Transfers back to Hotels

Cheques and Booking Forms toNIYSA c/o Catherine Calvert,Samuel D Crawford & Co., 105-109Victoria Street, Belfast BT1 4PDE Mail –[email protected]

BOOKING FORM

March 2003

9

NIYSA EASTER DISCO

9.00pm - to late

O'Neills Bar4 Joys entry (off high Street) Belfast

Thursday 17th April 2003

Admission £ 5.00

Date: Friday 11th April 2003Time: 1.30pm- 4.30pm (tea, coffee and sandwiches from 1.00pm)Venue: Law Society House, Victoria Street, BelfastCost: £40 for members of the NIYSA* and £60 for non- members.

LECTURES

1 “Building the Customer Relationship” First Trust Bank

2 “Funding Litigation – Draft Access to Justice (NI) Order 2002”.Frances Gallagher, LL.B

3 “The Operation of Practice Management Standards”Mary Norton, Client Manager, Lead Auditor, SGS ICS Ltd

Attendance at this Seminar will provide three hours’ CPD entitlement.

Cheques and Booking Forms to NIYSA c/o Catherine Calvert, Samuel D.Crawford & Co., 105-109 Victoria Street, Belfast BT1 4PDE Mail – [email protected]

* All Solicitors aged 36 or under areautomatically members of the NIYSA.

NAME

FIRM

ADDRESS (DX if possible)

E-MAIL

TEL

NUMBER OF PERSONS ATTENDING

I ENCLOSE REMITTANCE OF £

Northern Ireland Young Solicitors’ Associationpresents a Practice Management Seminar

BOOKING FORM

NEW INSTITUTEREPRESENTITIVE FORNIYSA COMMITTEEThe NIYSA recently attended at The Institute for theimportant task of holding an election for one lucky Institutetrainee solicitor to sit on the NIYSA committee. Youramazement will only be second to ours when we had not one,not two, but FOUR willing candidates! After a tense tie-breaker situation, we were thrilled to announce Karen Quinnas the lucky winner of what we are sure you will agree is asignificant honour!

Karen, a trainee with Eamonn McEvoy & Co. Solicitors, Lurgangraduated from Queen’s in 2002 and says that her desire to siton the NIYSA committee had absolutely nothing to do withthe offer of two free tickets to the NIYSA Annual Conferencein Dublin in May! Karen’s election was celebrated in style bymembers of the Institute at Rain City, Belfast where we allenjoyed free wine and nibbles courtesy of ourgoodselves and our sponsor, First Trust Bank. Karen,we are reliably informed, took her new positionvery seriously indeed managing to celebrate intothe wee small hours – further proving herworthiness and suitability as a member of theNIYSA committee!

10

March 2003

BSA On-LineThe BSA website can be found at:

www.belfast-solicitors-association.org

The BSA is pleasedto announce there-introductionof its Table Quizto its socialcalendar. Theevent will take placeat the Boathouse,Stranmillis, Belfast,on Friday 25 April at8pm. Teams of fourat £2.50 per person.Enquiries to GavinPatterson at Peden& Reid (9034 5617 [email protected]).

Pub QuizNotice

BELFAST SOLICITORS

A S S O C I A T I O N

Belfast Solicitors' Association Annual Golf

Outing - Thursday 15th May 2003 at Malone

Golf Club.This year’s Annual Golf Outing will take place on Thursday15th May 2003 from 1.30 pm at what will then be the newlyrefurbished facilities (both on and off the course) at Malone GolfClub, Belfast.

The cost per person, thanks to Malone holding the prices to the BSAat the same figures as last year, will be £45.00 (£35.00 green fee, £8.00meal and £2.00 subscription - Malone Golf Club members and persons notwishing to take a meal should adjust their payment accordingly). All members of the Association and their visitors willbe welcome and you are invited to complete the Form and return it as soon as possible. There will be prizes for themain competition for members with official handicaps and for visitors. As usual there will also be a special competitionfor members without official handicaps. The main prizes will be decided on a Stableford Points basis on full handicap(maximum 24).

"BSA GOLF OUTING"

"BSA GOLF OUTING"Thursday 15th May 2003

Name:

Contact address:

Telephone:

Subscription attached: £

(payable to Belfast Solicitors' Association)

Please indicate against the names the prizes to be played for -Members/visitors/members special.

Return to: Richard Palmer of Peden & Reid, 22 Callender Street, Belfast, BT15BU

DX 389NR BELFAST

Telephone: 028 9032 5617 Fax: 028 9024 7343

E-mail: [email protected]

11

March 2003

In an effort to avoid the end ofyear panic for CPD points thatsome of you experienced at theend of 2002, we are giving youadvance notice of the seminarswhich will be available this yearso that you can plan ahead.

RECENT DECISIONS BY ECHR

By Brice DicksonAt Law Society HouseOn Thursday 10th April 2003

DERMATITIS – WHAT IS IT?

By Dr Clifford McMillan FRCPAt Law Society HouseOn Thursday 17th April 2003

“LOUSY LEASES”

By Rowan White of Arthur CoxSolicitorsAt Law Society HouseOn Friday 9th May 2003

Seminar ProgrammeLIBRARY SERVICES

By Heather Semple of Law Society,LibraryAt Law Society HouseOn Thursday 12th June 2003

RECENT DEVELOPMENTS INADR

By David Gaston and Brian SpeersAt Law Society HouseOn Thursday 19th June 2003

Coffee and sandwiches will beavailable from 12.30 p.m. and thetalks will start at 1.00 p.m.

The cost of all lunchtime seminarsis £10.00 for BSA members and£20.00 for others. The cost of eachLand Registry seminar is £10.00 foreach seminar.

Cheques payable to BSA c/o KarenHenebry at Cleaver Fulton &Rankin Solcitors.

BELFAST SOLICITORS

A S S O C I A T I O N

Republic of Ireland

Agents

All legal work undertaken on an agency basis

All communications to clients through instructing solicitors

Consultations in Northern Ireland if required

Contact:Seamus Connolly S.C. Connolly & Co.Solicitors

Bank Building or Arran HouseHill Street 35/36 Arran QuayNewry Dublin 7County DownTel: (01693) 65311 Tel:(003531) 8725622Fax: (01693) 62096 Fax:(003531) 8725404

ADVERTISEMENT

ADVERTISEMENT

To advertisein the Writplease contact Karen Irwinat:



Accounts Ireland LtdExperienced accounts personnelavailable to provide a comprehensiveservice covering all aspects ofSolicitors’ Accounts. Our aim is toprovide either long term service, orshort term covering sickness ormaternity leave. We also provide asalary/wages service calculated on aweekly or monthly basis. Deliveringstaff records and payslips to youroffice as required. Confidentiality isassured on all inquires.For further information pleasetelephone 028 3025 8406. Mobile07905 929503.

BSA EGMAn EGM will be held at theoffices of Campbell Fitzpatrick onMonday 7th April at 5.30pm to:

(a) Approve last year’s accountsand

(b) To appoint a firm of auditorsAnyone wishing to attend shouldcontact the Association by e-mailing us via our website orcontacting any of the committeemembers of the Association. Thisis to ensure that numbers can beaccommodated.

We all know how exasperatingsome clients can be, withoccasionally unreasonabledemands and unrealistic timelimits. We also know howunreasonable clients are oftenthe first to complain that yourfirm has been negligent.However, did you realise a largepercentage of these clients areonly being difficult because theydo not understand the legalprocess or realise what a lawyerdoes? Here are some simplepoints, which should help youhave a smooth workingrelationship with your clients.First give realistic advice. Exploreall options with the client asopposed to simply doing whatthey want. Be realistic regardingthe clients’ expectations, fullyexplain the process andprocedures involved, and the fullimplications of the work. It isimportant to make a formalrecord of what is agreed to avoidmisunderstandings at a laterdate, and remember always touse a retainer letter for thispurpose.

Make sure you give clients arealistic time limit. It is probablybetter to err on the side ofcaution when estimating acompletion date for workundertaken. One of the maincauses for claims being madeagainst practices is not meetingdeadlines. Therefore, it isimperative the client has realisticexpectations of the time taken tocomplete the job.

Explain exactly what the workentails in layman’s terms. Most

clients do not understand what isinvolved when work such asresidential conveyancing or litigationis embarked on, and as a result theydo not realise the extent of workgoing on behind the scenes. It isimportant to explain everythingclearly and detail what you will bedoing on their behalf.

Also make sure you inform the clientwhen each of these stages has beencompleted. Think of it as climbing aladder; when you have reached eachrung, make sure you let the clientknow what has been achieved. Moreoften than not, a solicitor will see atelephone call to a client to updatethem as a waste of the client’smoney, but often not making thephone call is perceived by the clientas being forgotten. Understandably,this is not seen to be a priority for a

‘Problematic’ Clientslot of practices, and pressure fromworkload and from seniors canmean it is often overlooked. Yetkeeping a client happy andfeeling that they are ‘in the loop’can counteract a lot of problemsfurther down the line.An important part of a firm’s riskmanagement procedures is therealistic management of theclient’s expectations. If the clienthas a good understanding oftiming, the amount of workinvolved and the procedurestaking place, they will be lesslikely to become disaffected, andless likely to make a claim againstyour practice.

This column was prepared by theAlexander Forbes Professions riskmanagement team.

This article first appeared in 'The Gazette', the journal of the Law Society of England and Wales, 99/37 26 September 2002 and is reproduced here with the kind permission of the editor.

12

March 2003

of an importantaspect of the city’sbuilt heritage.”Added LouiseWarde Hunter, ofAction Cancer:“We believe thisimpressivecollection willprovide a uniqueopportunity toraise much-neededfunds for us in ourcommitment tothe people ofNorthern Irelandwhose lives aretouched by cancer.

“We are gratefulto Quantum Images and particularly to the Lord Chief Justice for adding hissupport by kindly agreeing to countersign the prints.”

13

March 2003

A unique piece of legal memorabilia isset to aid a leading Northern Irelandcharity.

It is in the form of a limited-editionlithograph featuring a distinctivemontage of Belfast courthouses…fromthe old to the ultra-modern.

The 32-inches-by-28-inches lithographis by award-winning caricaturist StevieLee, renowned for his remarkabledepictions of landmark buildings.It is being published in an edition sizeof only 95 prints, each hand-signed andnumbered by the artist, to raise fundsfor Action Cancer.

And to add to their collectability as anhistoric piece of artwork, they havebeen countersigned by the Lord ChiefJustice, Sir Robert CarswellBefore going on general release, theprints are initially being offeredexclusively to members of the legalprofession by publishers QuantumImages, who represent the work ofleading contemporary Irish artists andhave a worldwide range of private andcorporate clients.

The buildings depicted include theformer Crumlin Road Courthouse, theold County Court in the TownhallBuilding in Victoria Street, theimposing columned Royal Courts ofJustice in Chichester Street and theaward-winning ultra-modern LagansideCourts, which were officially opened bythe Queen two weeks ago.

Local artist Stevie Lee’s work regularlyappears in national newspapers andother important publications.His original caricatures and lithographsare much sought-after collectors’ itemsand are to be found in private andcorporate collections throughout theworld.

Said Paul Hanna, of Quantum Images:“We are delighted to have beencommissioned to create this authenticand collectable piece of legalmemorabilia.

“As a truly historical ‘snapshot’ of theBelfast courts past and present by sucha highly-acclaimed artist, it willundoubtedly become a valuable record

Historic Courts ‘Snapshot’ receivesJudicial approval

SOLICITOR £18,611 - £32,698The point of entry on the salary scale will depend on the successful candidates qualifications,experience etc.

Applications are invited from qualified solicitors to join the Directorate of Legal Services, providing awide range of Legal Services to Health and Social Services Boards, Trusts and other HPSS organizations.These include Health and Social Services/childcare law, employers/occupiers liability, professionalnegligence liability, employment matters, mental health, administrative law, and conveyancing.

The successful candidate will join an experienced team of solicitors and administrative support staffproviding a high quality professional and client-sensitive service.

The Directorate is expanding its conveyancing practice and would therefore seek to recruit anexperienced conveyancer, who will also be required to work in other areas of the Directorate’spractice. Applicants should be able to demonstrate 3 years experience in conveyancing and at least oneof the other areas referred to above. Candidates must also have experience in managing a substantialpersonal workload on their own initiative. Successful candidates retained on a permanent basis maybe eligible after an initial period for transfer to a higher salary scale as follows: £29,249 - £38,631.

The candidate should be prepared to work flexibly to meet the demands of the workload which isdemanding but interesting and challenging.

Applicants should hold a current full driving licence and be prepared to travel throughout Northern Ireland.

Application forms and further information can be obtained by applying in writing, enclosing a SAE(10” x 7” and 87p stamp) or calling in person to:Human Resources Directorate, Central Services Agency, 25 Adelaide Street, Belfast BT2 8FH

Closing date for applications is Friday 18th April 2003 at 4.00pm. We are an equal opportunities employer.

ADVERTISEMENT

14

March 2003

EMPLOYMENT LAWYERS’ GROUP(NI)

Sec. John O’Neill, Thompsons McClure Solicitors,171 Victoria Street, Belfast

E-mail: JohnO’[email protected]

Chairperson Adam Brett

Hon. Treasurer Orlagh O’Neill

Speaker: Darren Newman, IDS Brief

Date: Friday 2 May 2003

Time: 1pm (tea coffee and sandwiches from 12.30pm)

Venue: Law Society House, Victoria Street, Belfast

Cost: Members £3, Non-members £6.

Lunchtime Seminar

Data Protection - Issues in Employment Litigation

Booking forms and cheques, payable to The Employment Lawyers' Group (NI), should be sent to our Treasurer, Ms Orlagh O’Neill, Napier & Sons, Solicitors, 1-9 Castle Arcade, High Street, Belfast BT1 5DE.

Website: www.legal-island.com/elg.htm

Booking Form

Name

Firm

Address

I enclose remittance of

£

I enclose cheque for £10.00 made payable to ELG (NI)

Name

Address

Tel (work)

E-mail

Membership Renewal

Membership fees are now due for 2002-03. Fees are unchanged at £10 perannum. Members are invited to renew their membership for the forthcomingyear. New members are encouraged to join. Please return the form below toour Treasurer, Ms Orlagh O’Neill, at the address cited above, with chequesmade payable to Employment Lawyers' Group (NI).

Membership Form

15

March 2003

ADVERTISEMENT

DUBLIN AGENTS

MCERLEAN WEIRSOLICITORS

45 Fitzwilliam SquareDublin 2, Ireland

Tel: (353-1) 678 7777Fax: (353-1) 678 7878

E-mail: [email protected]

ALL LEGAL WORKUNDERTAKEN ON AN

AGENCY BASIS

FEE SPLITTING BYARRANGEMENT

CONSULTATIONS INNORTHERN IRELAND WHEN

REQUIRED

CONTACTKevin H. McErlean, Solicitor

(Also admitted N.I. 1998)

Housing Executive – EjectmentsSolicitors Panels2003 – 2006Introduction

Until now, the Executive has had only one external Solicitors Panel dealingwith ejectments (that Panel covered the Belfast area).

Now, as a result of changes in housing management practices, HousingExecutive Ejectments Solicitors Panels are being established throughout theProvince. There will be six Panels in all, each covering a distinct geographicalarea. One of those Panels, the Greater Belfast Panel will have two members;the other five Panels will each have one member only.

The work mainly involves acting on behalf of the Executive where it isseeking to regain possession of dwellings let under secure tenancies orseeking to recover possession of dwellings which have been occupied bysquatters.

Eligibility Criteria

A firm is free to apply for membership of up to two Panels.

A firm will be eligible for appointment to any particular Panel if it satisfiesall of the following eligibility criteria:

1. The principal or one of the principals must have been in practice as aprincipal on his/her own account for at least three years.

2. At least two solicitors must be working in the firm (including anyemployed solicitor).

3. The firm must be willing to designate a solicitor in the firm who will beprimarily responsible for actually carrying out Panel work.

4. The firm must have substantial relevant experience.

5. The designated solicitor must have at least three years post qualificationexperience (or post qualification experience for periods in aggregateamounting to three years) as a solicitor.

Duration of Panel

Membership of any Panel will be for a period of three years.

Procedure

A separate questionnaire must be submitted in respect of each Panel beingapplied for.

Any firm willing to be considered for appointment may obtainquestionnaires and details of the selection criteria by writing to theEjectments Solicitors Panels Co-ordinator, Housing & Regeneration Division,2nd Floor, The Housing Centre, 2 Adelaide Street, Belfast, BT2 8PB.

Completed questionnaires must be returned to arrive with the Co-ordinatorat the above address not later than 4.00 pm on Friday 18th April 2003. Noacknowledgements will be sent.

ADVERTISEMENT

Agricultural AdviceLitigation reports prepared on all

aspects of agricultural/horticulturalproduction, livestock and handling,including personal injury and loss

adjustment, by an experienced ExpertWitness, checked and listed in the

Law Society of England and Wales’Directory of Expert Witnesses

2002, is a Member of the BritishInstitute of Agricultural

Consultants and a trained Mediatoron agricultural problems.

Contact: Dr W A McIlmoyleW Alan McIlmoyle and Associates

Animal Nutritionand Agricultural Consultants

20 Young Street, Lisburn BT27 5EBTel: (028) 9266 1766Fax: (028) 9266 1128

E-Mail: [email protected]:

www.ukagrisales.co.uk/amcilmoyle

ADVERTISEMENT

16

March 2003

ADVERTISEMENT




Olivia Burren, Risk Manager, finds thatdelays and inefficiency, not poor legalknow-how, are behind most complaintsagainst solicitors. This article first waspublished in The Times newspaper.

Analysis of reported claims over recentyears reveals distinct underlying causesof error and client dissatisfaction.Perhaps surprisingly, inadequateknowledge of the law is not especiallycommon as a cause for complaint.Simpler things such as poorcommunication, delay, ineffectivedelegation, inadequate supervision andsheer disorganisation are responsible forthe overwhelming majority or problems.The first thing firms need to do is toraise awareness among their staff ofhow these problems happen. A fewcautionary tales – taken from real lifenegligence claims – can help show howthings can go wrong.

Janice was thrilled to be given a hot-airballoon trip for her 40th birthday butcame down to earth with a bump –literally – when the balloon landed. Sheinstructed a solicitor to claim for theinjuries she suffered. Everything seemedto go smoothly, and the solicitor issuedproceedings just before the thirdanniversary of the accident. Thedefendants pointed out that thisaccident fell with the Carriage by Air Act1961 – and the time limit was thereforejust two years. It was too late, so Janicesued her solicitor instead.

The missed time limit is the singlebiggest cause of negligence claimsagainst solicitors. A simple diary systemcould help overcome most of these – butnot all of them. Many solicitors neglectto research time limits often withcatastrophic results.

Administrative errors also account for alot of mistakes. The following exampleis unfortunately typical: A solicitoracting in the administration of an estatesent a cheque to one of the beneficiariesfor £10,000 instead of £1000. Themistake was uncovered only when thefinal estate accounts were prepared twomonths later. The solicitor immediatelysent a letter asking for the return of£9,000. Three weeks later the

The little slip ups that causebig bust-ups

beneficiary replied: “Sorry for the delay– I was in the Seychelles. I thought I wasentitled to the money. It has all gone.”

Again a fairly simple system can greatlyreduce the risk of drafting errors.Introduce a policy requiring alldocuments to be checked by someoneother than their author – and check upon a regular basis to ensure thisprocedure is being followed.

Even where there is no formal timelimit, delay can still cause complaintsand claims. The following example justkeeps on happening in one form oranother.

Annette was delighted with her newhome and decided that before shestarted decorating she would go aheadand have new windows fitted. Thedouble-glazing company offered acheap secured loan. Unfortunately,Annette’s solicitor had seen no urgencyin registering her purchase and hissearch had expired. By the time hecame to register the building societycharge, the loan company had a firstcharge on the property. The onlysolution was for his insurers to pay offthe loan so that the building societycould take priority.

Sometimes things go wrong because asolicitor has failed to appreciate thatcommunication is a two-way process.Clients need the opportunity to considerlegal advice and to respond to it –solicitors in turn need to listen carefullyto their client’s instructions. A lack ofsensitivity to a client’s circumstances canlead to unforeseen difficulties, as thefollowing case shows: Jane instructedMiriam, her solicitor, to draft her will.

She wanted to leave a substantial legacyto her life long friend, Alice, with theremainder to be divided equallybetween her two nephews.Straightforward. Miriam simplyproduced an engrossment, notbothering with a draft. Jane went tosign the will at Miriam’s office, whereshe was asked to sign in the receptionarea. She felt under pressure and wasembarrassed, as there were other clientsin the area. She signed without readingthe will. There was no legacy in favour

of Alice, and the problem only came tolight when Jane died.

Hopefully tales such as these will helpsolicitors and their staff to recogniseproblems before they happen. Betterstill, every firm should appointsomeone to take responsibility for riskmanagement and for dealing withcomplaints and claims. By analysingpast complaints an enormous amountcan be learnt about how to improveyour service. Procedures and systemscan be introduced for monitoring theirimplementation.

Complaints and claims cost money andharm reputations. Hopefully thecombined efforts of the Law Society,indemnity insurers and of coursepractitioners themselves can help toreduce the cost to the profession andsecure a net decline in recordedcomplaints.

17

March 2003

LEGAL & CONTINGENCY LIMITED69-70 Mark Lane London EC3R 7HS

Telephone: 020 7488 2626 Helpline: 07970 060545Facsimile: 020 7488 2727 DX: 843 London/City

e-mail: [email protected]

No one tries harder for clients

Products available* Restrictive Covenant Indemnity* Full Range of Defective Title Indemnities* Accessway/Services Indemnity* Commercial Development Risks* Insolvency Act Indemnity* Defective Lease/Maisonette Indemnity* Judicial Review Indemnity* Trustee Indemnities* Mining/Mineral Rights Indemnity* Sewer Indemnity* Lack of Easements Indemnity* Forfeiture of Lease (Commercial and Residential)* Chancel Repair* Railway Lease Indemnity* Tenant Default Indemnity* Contaminated Land Insurance

Special Schemes available* Title Insurance* Block Legal Indemnities* Residential Search Validation* Residential Search Delay* Commercial Local Search Delay* Deposit Guarantee* Homebuyer Costs Insurance* No Search Required for Remortgages* Lenders Block Policies* Local Authority Block Policies* Housing Association Block Search Validation

Our Promise* Rapid response to all new enquiries

* Comprehensive cover and competitive quotes* Cover up to and in excess of £50m

* Flexible and Sympathetic underwriting approach* Legally trained Underwriters

* Bespoke Policies when required* Emergency Helpline

If you need a solution to your problem

contact our Underwriters on:

020 7488 2626

Conveyancing problems?

We provide thesolutions!Widen your products and increase your efficiency

ADVERTISEMENT

18

March 2003

New maternity,paternity andparental rightsThe Employment NI Order 2002 andvarious regulations implementing itsprovisions have been introduced inNorthern Ireland. Existing maternityrights are amended and new rightsto paternity leave and pay andadoption leave and pay are created.Changes are summarised below.

Changes to maternity leave and pay

Changes and new rights will apply inconnection with maternity leave andpay, but only to women whosebabies are expected to be born after6 April 2003. Where the maternityleave spans 6 April 2003, theprovisions on maternity leave andpay will be slightly different.The main changes where babies areborn after 6 April 2003 are set outbelow.• Ordinary maternity leave will beincreased to 26 weeks andadditional maternity leave to 26weeks – meaning that altogether anemployee can have 52 weeksmaternity leave.• There will be a reduction in theperiod of qualifying service requiredfor additional maternity leave. Only26 weeks continuous service isrequired before the qualifying weekto qualify for additional maternityleave. (The qualifying week remainsthe fifteenth week before theexpected week of childbirth [EWC]).• If an employee qualifies for SMP(ie if her average earnings are atleast equal to the lower earningslimit [£77 from April 2003]) SMP will

be payable for longer – 26 weeks.• The guaranteed flat rate of SMPwhich was payable for the first sixweeks is removed. Instead, for thefirst six weeks, employees will bepaid 90% of average earnings. Forthe next 20 weeks, SMP will beeither £100 or 90% of averageearnings (whichever is less).• There will now be entitlement toSMP for all women who qualify butleave work for any reason after thestart of the qualifying week. (Priorto this, entitlement was lost if awoman voluntarily left work forreasons not related to pregnancy).• An employee will now have to givenotice of when leave is to commenceby at least the fifteenth week beforethe EWC. The employee will beallowed to vary the date leave is tostart provided 28 days advancenotice is given (unless this is notreasonably practicable, for instancewhere birth is unexpectedly early).• An employer will have to respondto the employee’s notice within 28days of receiving it, confirming thedate maternity leave is expected toend.• If an employee wishes to return towork before the expiry of maternityleave, she must now provide 28 daysnotice or the employer can postponethe return date.

New rights to paternity leave andpay

There is a completely new right topaternity leave. The main provisionsin relation to paternity leave andpay are as follows.• Leave is not just available to thebiological father. It can also betaken by a partner of a different sexor the same sex as the child’smother, provided s/he has the mainresponsibility (apart from themother) for the upbringing of thechild.• The partner of an adopter will alsobe entitled to paternity leave.• To qualify for paternity leave, anemployee must have beencontinuously employed for at least26 weeks (in the case of birth, by thefifteenth week before the EWC, inthe case of adoption, from when thechild’s adopter is notified of beingmatched with the child).• Leave can be taken for one weekor two consecutive weeks (but notodd days) and must be taken within56 days of birth (or placement with

the adopter).• Statutory paternity pay will bepayable at a flat rate of £100 or90% of the employee’s averageearnings (whichever is less).• Notice of the intention to takepaternity leave must be provided bythe fifteenth week before theexpected week of confinement inthe case of birth, and within sevendays of an adopter being notified byan adoption agency of beingmatched with a child in the case ofadoption. • The employee may also have toprovide a declaration confirmingeligibility and entitlement to leave ifrequested by the employer.• All terms and conditions exceptany relating to remuneration willcontinue during paternity leave.• There will be a right to return tothe same job after paternity leave.• An employee will be protectedfrom being subjected to a detrimentor dismissed for taking or seeking totake paternity leave. A dismissal insuch circumstances will beautomatically unfair and noqualifying period of service will berequired to bring such a claim.

New rights to adoption leave andpay

A new right to adoption leave willbe available to an employee wherean approved adoption agencynotifies the employee of a matchwith a child and the placement is totake place on or after 6 April 2003.The rights are similar although notidentical to maternity leave and payentitlement. The mains points are asfollows.• To qualify for adoption leave, anemployee will have to havecontinuously worked for theemployer for 26 weeks, leading intothe week in which s/he is notified ofbeing matched with a child foradoption.• Adoption leave and pay will not beavailable in circumstances where achild is not newly matched foradoption, for example, when a stepparent is adopting a partner’s child.• An employee will be entitled to upto 26 weeks ordinary adoption leavefollowed by 26 weeks additionaladoption leave.• Only one period of leave will beavailable regardless of whethermore than one child is placed foradoption as part of the same

19

March 2003

arrangement.• Adoption leave will be payable forup to 26 weeks. It will be paid at thesame rate as the standard rate forSMP (ie £100 or 90% of averageearnings- whichever is lower.) Anemployee may qualify for adoptionleave but this does not automaticallymean the employee will be paid. Toqualify for payment, the employeemust have average weekly earnings ator above the National Insurance lowerearnings limit (£77 from April 2003)that applies at the end of the week inwhich the adopter is notified of beingmatched with a child. • Adoption leave can start when thechild is placed for adoption orfourteen days before the expecteddate of placement.• An employee must give notice tothe employer confirming the date theemployee has chosen for leave tobegin. This notice must be providedwithin seven days of being notified ofbeing matched with a child foradoption The employer may requiredocumentary evidence issued by theadoption agency to be provided bythe employee.• The employee can vary the date forleave by giving 28 days notice or lessif this is not reasonably practicable. • An employer will be obliged torespond to the employee’s noticewithin 28 days confirming what dateany additional leave the employee isentitled to will end.• No other notice will be required tobe given or sent by the employer oremployee. However, if an employeewants to return early, 28 days advancenotice of the return date must begiven or the employer can postponethe date of return.• The employee will be bound by andbe entitled to the benefit of all termsand conditions other than termsabout remuneration during ordinaryadoption leave.• During additional adoption leave,the employee will have the benefit ofthe implied term of trust andconfidence, and terms regardingnotice, compensation for redundancy,and disciplinary or grievanceprocedures. The employee will bebound by the implied term of goodfaith and terms relating to notice,disclosure of confidential information,the acceptance of gifts andparticipation in any other business.• The employee is entitled to beoffered any suitable availablevacancies with the employer or an

associated employer if there is to be aredundancy during the adoptionleave period.• The employee has the right toreturn after adoption leave.• An employee will be protected fromsuffering detriment or unfair dismissalfor reasons related to taking adoptionleave. However, a small employerexception for employers employingless than six persons (which is similarto maternity leave) will apply. Thus, ifan employee takes additionaladoption leave, dismissal will not beautomatically unfair if it is notreasonably practicable for anemployer to permit the employee toreturn to a suitable job.Law Centre (NI) is holding a trainingcourse on the new and existing lawon Tuesday 5 June 2003 in Derry. Ifyou are interested in attending,please contact Rose Logue at LawCentre (NI), 9 Clarendon Street, DerryBT48 7EP, telephone 028 7126 2433.

Mark Reid, Law Centre (NI)

ADVERTISEMENT

CPD: Law Centrenew trainingprogramme is out

Law Centre (NI) courses attractCPD points for solicitors. For moreinformation, contact PatriciaMorgan at Law Centre (NI), 124Donegall Street, Belfast BT1 2GY,or request a new trainingprogramme from our publicationsdepartment at the same address.Rights in ProgressRights in Progress, the guide tothe European Convention and theHuman Rights Act recentlypublished by the Law Centre, isavailable from our publicationsdepartment at the cost of £9.95,including post and package.

20

March 2003

Can you answer the following?

1. What is a ‘Stop Now’ order?2. Is a guarantee guaranteed?3. When does the ownership of goods

pass?4. Who is liable for defective

products?5. What is a package holiday under

Package Travel Holiday and PackageTours Directive?

6. What is the difference between restricted and regulated consumer credit agreements?

If you feel uncomfortable with thesequestions you will be very interested ina seminar in TWO PARTS which shallcover all the basic Consumer Lawpoints specifically in relation to –

Session 1 – Sale of Goods and ProductLiability

Session 2 – Consumer Credit andPackage Holiday Legislation

The seminar shall be given by Mr BrianCollins BCL LLM BL, Lecturer in BusinessConsumer Law, University of UlsterMagee Campus.

When: Wednesday 4th June andWednesday 11th June 2003

Time: 6.00pm – 8.30pm

Venue: Institute of Professional LegalStudies, 10 Lennoxvale, Belfast, BT95BY

Cost: Full course fee £130 and eitherSeminar £75

This course attracts Law Society ofNorthern Ireland CPD points.

Booking form and cheques, madepayable to Queen’s University, Belfast,should be sent to Mrs Joan Playfair,Institute of Professional Legal Studies,10 Lennoxvale, Belfast, BT9 5BY.

Closing Date for applications:Wednesday 28th May 2003

ADVERTISEMENT

Save Time & Money with Ireland’s leading Suppliers ofintegrated Case Management Software

www.opsisltd.co.uk

Total Practice Management Solutions

Email: [email protected] Tel: 9033 3344

Find out more about how OPSIS can give you the Power toFocus on Practicing Law.

Call now to receive a new OPSIS brochure

Reporting

Email Handling

DocumentManagement

DiaryManagement

OPSIS Ltd

RiskManagement

Help &Support

TimeRecording

Profitability & Growth

AccountsIntegration

Scanning

Wills & Deeds

RemoteAccess

I am interested in attending:

Session 1 – Sale of Goods & Product Liability

Session 2 – Consumer Credit & Package Holiday Legislation

Name

Firm

Address

Tel

I enclose remittance of £

BOOKING FORM

Consumer Law SeminarsAre you interested in Consumer Law?

21

March 2003

ADVERTISEMENT

TWO IMPORTANT SEMINARS FOR 2003FROM THE RIDLEY PARTNERSHIP

TO RESERVE A PLACE ON EITHER OF THESE SEMINARSFAX THIS FORM NOW TO 01833 621150

For more information about The Ridley Partnership, visit

www.theridleypartnership.co.uk

Please return this form to: The Ridley Partnership, The Coach House, Barningham Park, Richmond, North Yorkshire, DL11 7DW or telephone 01833 621130 for more details


Please list the names of those attending: BLOCK CAPITALS

Name:________________________________________________

Position: ______________________________________________

Name:________________________________________________

Position: ______________________________________________

Name:________________________________________________

Position: ______________________________________________

Name:________________________________________________

Position: ______________________________________________

Please indicate in the boxes below how many places you wish toreserve at each of the following seminars

■■ MONEY LAUNDERING - Wednesday 16th April

■■ COMPLAINTS HANDLING - Wednesday 30th April

■■ I am unable to attend, however, I would like more

information on Money Laundering Seminars

■■ I am unable to attend, however, I would like more

information on Complaints Handling Seminars

■■ I am interested in receiving more information on running

in-house CPD training courses.

Firm: _________________________________________________

Tel:___________________________________________________

Email:_________________________________________________

MONEY LAUNDERINGWednesday 16th April

Are you ready for the regulatory changes?Spend 3 hours at the CPD Seminar finding out how the changes to the

Money Laundering Regulations (MLR 2003) will affect your firm.

The seminar will include:

◆ Money laundering strategies targeted at professional firms

◆ Identifying money laundering schemes

◆ The legislation, an outline of the offences and the impact on partners,

fee earners and support staff

◆ Systems and procedures for complianceincluding the responsibilities of the

Money Laundering Regulations Officer

◆ Practical guidance for establishing your office systems

COMPLAINTS HANDLINGWednesday 30th April

Learn how to profit from complaints.

Research shows that 97% of complainants will return to do

business or make recommendations to your firm if their complaint has been

handled properly.

This 3 hour CPD seminar covers the necessary steps for implementing an

effective complaints handling programme in your firm.

The cost of replacing clients can be 5 times higher than looking after the ones you have already got,

so it makes sense to put strategies in place for client retention.

Qualifies for 3 hours CPD

VENUE:The Law Society

Belfast

All seminar times:2.00pm – 5.00pm

Cost per seminar:£100.00 + VAT

per delegate

22

March 2003

1. Voluntary Arrangements: The effect of Liquidation, Bankruptcy or Failureof the Arrangement on Trusts established under a Company VoluntaryArrangement (CVA) or an Individual Voluntary Arrangement (IVA).Re: N T Gallagher & Son Ltd[2002] ALL ER (D) 396

Company – Voluntary winding up – Distribution of company’s property –Company facing financial difficulties – Creditors approving voluntaryarrangement – Directors putting company into voluntary liquidation –Whether trusts created by voluntary arrangement brought to an end bytermination of voluntary arrangement through liquidation.Where a CVA or an IVA provided for monies or other assets to be paid to ortransferred or held for the benefit of CVA or IVA creditors, that would createa trust of those monies or assets for those creditors. The effect of theliquidation of a company or the bankruptcy of a debtor on a trust created bya CVA or IVA would depend upon the provisions of the CVA or IVA relatingthereto. If the CVA or IVA provided what was to happen on liquidation orbankruptcy (or a failure of the CVA or IVA), effect had to be given thereto. Ifthe CVA or IVA did not so provide, the trust would continue notwithstandingthe liquidation, bankruptcy or failure and had to take effect according to itsterms. The CVA or IVA creditors could prove in the liquidation or bankruptcyfor so much of their debit as remained after payment of what had been orwould be recovered under the trust. Accordingly, the judge had been correctexcept in relation to the last part of his order. In substitution for that itwould be declared that the CVA creditors were entitled to prove in theliquidation for their CVA debts after giving credit for dividends received fromthe supervisors.

2. Update on Primary LegislationWith the suspension of the Northern Ireland Assembly, the Insolvency Bill andthe Company Directors Disqualification Bill were referred to Westminster toproceed by way of Order of Council. Both Orders were made by Privy Counselon 17th December 2002. Both Bills will now come into operation on 1st April2003.The Company Directors Disqualification Bill amends and consolidates existingdisqualification legislation and introduces disqualification by administrativemeans as an alternative to High Court proceedings.The Insolvency Bill provides small companies in financial difficulties with abreathing space to put together a rescue package and to come to anarrangement with their creditors.

3. GeneralFurther information on insolvency can be obtained from the Department ofEnterprise, Trade and Investment Insolvency Service’s website and the addressis www.insolvency.detini.gov.uk

RE: FINANCIAL SERVICESMARKETING ACT 2000 (FSMA 2000)– CHANGES TO THE CORPORATE ORLEGAL STATUS OF AUTHORISEDPROFESSIONAL FIRMS POST N2 – IEIMPLEMENTATION OF FSMA 2000

We have been asked by theFinancial Services Authority (FSA) toremind members who areAuthorised Professional Firms underthe above that there is arequirement to seek re-authorisation following a change ofcorporate or legal status.This entails reapplying for FSAAuthorisation when contemplatingsuch a change of status. If theproposed change creates a distinctlegal entity from the authorisedentity, a fresh Part IV permissionwill be required to carry onregulated activities. These activitiescannot be transferred from onelegal entity to another.It is our understanding that nofirms of Northern Ireland solicitorsare authorised professional firms,but if that status does apply to you,you should request a full copy ofthe FSA’s note from the Society.

Insolvency Update

LAW SOCIETY NOTICE

The Rules of the Supreme Court(Northern Ireland) (Amendment)2003 [SR 2003 No 5]

The above named Rules have comeinto operation on 28th February2003. These Rules amend the Rulesof the Supreme Court (NorthernIreland) 1980 so as to:- insert a new Order 123 into theprincipal rules which prescribe thepractice and procedure to be usedin proceedings under Parts 5 and 8of the Proceeds of Crime Act 2002.- insert into Order 116 a new Part IIIwhich prescribes the practice andprocedure to be used inproceedings under Part 4 of theProceeds of Crime Act 2002; and- make consequential amendmentsto the principal rules.

NI COURT SERVICE NOTICE

23

March 2003

2003 CPD SEMINAR PROGRAMMEFOR NORTHERN IRELAND

TO RESERVE A PLACE ON ANY CPD SEMINAR FAX THIS FORM NOW TO 01833 621150

Qualifies for 3 hours CPD

VENUE:The Law Society

Belfast

All seminar times:2.00pm – 5.00pm

Cost per seminar:£100.00 + VAT

per delegate

For more information about The Ridley Partnership, visit


Please return this form to: The Ridley Partnership, The Coach House, Barningham Park, Richmond, North Yorkshire, DL11 7DW or telephone 01833 621130 for more details


Please list the names of those attending: BLOCK CAPITALS

Name:________________________________________________

Position: ______________________________________________

Name:________________________________________________

Position: ______________________________________________

Name:________________________________________________

Position: ______________________________________________

Name:________________________________________________

Position: ______________________________________________

Please indicate in the boxes below how many places you wish toreserve at each of the following seminars

■■ MONEY LAUNDERING - Wednesday 14th May

■■ CLIENT CARE (1) - Wednesday 21st May

■■ MONEY LAUNDERING - Wednesday 3rd September

■■ RISK MANAGEMENT (2) - Wednesday 24th September

■■ PRACTICE MANAGEMENT - Wednesday 22nd October

■■ MARKETING SKILLS - Wednesday 19th November

■■ CLIENT CARE (1) - Wednesday 10th December

Firm: _________________________________________________

Tel:___________________________________________________

Email:_________________________________________________

Wednesday 14th May - MONEY LAUNDERINGPractical guidance for introducing systems and management controls into your firm relating to the Money Laundering

Regulations 2003, including the responsibilities of the nominated officer, MLRO.

Wednesday 21st May - CLIENT CARE (1)Building profits through improved client care. Learn how to increase repeat business and build client loyalty.

Keeping clients happy and building client loyalty is a key factor in competitiveness. It has never been more important forfirms to provide excellence in client care.

Wednesday 3rd September - MONEY LAUNDERINGPractical guidance for introducing systems and management controls into your firm relating to the Money Laundering

Regulations 2003, including the responsibilities of the nominated officer, MLRO.

Wednesday 24th September - RISK MANAGEMENT (2)What is the probability of a risk occuring in your firm and what would be the consequence of that risk - for you? your

clients? your firm? Using techniques for risk modelling it is possible to profile potential risks and the likely consequences,crucial for your firm to maintain an appropriate risk management strategy. This seminar builds on the content of the“Building Profit Through Client Care” seminars presented by The Ridley Partnership in October and December 2002.

Wednesday 22nd October - PRACTICE MANAGEMENTFirms large and small benefit from good quality practice management. Adopting management structures and

best practice to ensure a quality service is the key to future success. This seminar will provide valuable insights into qualitymanagement for those considering introducing a quality management programme into their firm.

Wednesday 19th November - MARKETING SKILLSGaining and retaining clients through seminars and business functions. Many professional firms invest

substantial amounts of money and time hosting and attending seminars, hospitality events and other professional networkingfunctions. Learn how to make the most of these important business development opportunities.

Wednesday 10th December - CLIENT CARE (1)Building profits through improved client care. Learn how to increase repeat business and build client loyalty.

Keeping clients happy and building client loyalty is a key factor in competitiveness. It has never been more important for firms to provide excellence in client care.

ADVERTISEMENT

24

March 2003

ADVERTISEMENT

25

March 2003

Joint Seminar arranged for:THE LAW SOCIETY OF NORTHERN IRELAND

ANDBELFAST SOLICITORS’ ASSOCIATION

ON

LAND REGISTRY PROCEDURES

on

Friday 25th April 2003

Due to introduction of Compulsory First Registration and the high demand for attendance at the two previous Land Registry seminars which were held in Belfast on 27 February and 10 March 2003, we are now holding a two hour lecture which will be a repeat of the following topics which were covered at the two previous Land Registry seminars:

• Transfers of whole and/part, New Developments, Charges, Mergers and the Ground Rent Scheme;

• Compulsory First Registration, common mistakes in the Land Registry and Registry of Deeds and Land Web Direct Scheme.

At The Lecture Hall, Law Society House, Victoria Street, Belfast

Coffee and sandwiches will be available from 12.30 p.m. and the talk will startat 1.00 p.m and will last until approximately 3.00 p.m.The cost of the seminar is £20.00. attendance at this seminar is not restricted tomembers of the Belfast Solicitors’ Association or indeed Belfast solicitors Attendance at the lecture will qualify for two hours CPD As readers will be aware,

Compulsory First Registration (CFR)has been extended to CountiesFermanagh, Londonderry and Tyronefrom 1st April 2003 and to CountyAntrim including Belfast from 1stMay 2003. Presentations by the LandRegistry have already taken place inBelfast, Ballymena, Derry, Enniskillenand Omagh. For those who wereunable to attend, the Land Registryhas kindly agreed to give a furtherpresentation on CFR and LandRegistry practice and procedure.

This seminar will be held under theauspices of the Belfast Solicitors’Association at Law Society House at1pm on Friday 25th April 2003.An updated copy of the LandRegistry Guide to First Registrationwill be distributed to thoseattending. Attendance at theseminar will quality for CPD. Forfurther information on how toregister your interest in attending,please see the BSA column in thisedition of The Writ.

Compulsory FirstRegistration

Name:

Firm:

Address:

DX No:

Tel:

Does CPD apply to you YES/N0

Please make cheques payable to Belfast Solicitors AssociationI enclose a cheque in the sum of £………………….

Please complete the form and return it to Joanne Timoney of Cleaver FultonRankin Solicitors of 50 Bedford Street, Belfast BT2 7FW or DX No: 421 NR Belfast.

BOOKING FORM

The Crown Court(Amendment) Rules(Northern Ireland) 2003These Rules, which come intooperation on 24th March 2003,amend the Crown Court Rules(Northern Ireland) 1979 toprovide:

- the procedure for applicationsto the Court under Parts 4 and 8of the Proceeds of Crime Act2002;

- for an application for leave toprefer a voluntary bill ofindictment under section 2(2)(e)of the Grand Jury (Abolition) Act(Northern Ireland) 1969 to beserved on the accused who maymake submissions; and

- the procedure for the variationand discharge of accountmonitoring orders made underthe Terrorism Act 2000.

NI COURT SERVICE NOTICE

26

March 2003

High Court, Court of Appealand Tribunal DecisionsIN THE MATTER OF AN APPLICATION BYJOHN ADAIR FOR JUDICIAL REVIEWApplication for judicial review ofSecretary of State's decision to revokelicence granted to the applicant onrelease from prison. - applicantsubsequently recalled to prison. -Northern Ireland (Remission ofSentences) Act 1995. - whether Secretaryof State entitled to accept SentenceReview Commissioner's decision. -whether fair trial. - appeal dismissedQUEENS BENCH DIVISION18 FEBRUARY 2003CARSWELL LCJ

BOOTS THE CHEMIST and WESTFIELDSHOPPING TOWNS LTDApplication for leave to appeal fromArbitrator's interim award. - whether anissue of general public importance hasbeen raised. - whether decision open to'serious doubt. - application dismissedQUEENS BENCH DIVISION13 FEBRUARY 2003COGHLIN J

IN THE MATTER OF AN APPLICATION BYCHALMERS BROWN FOR JUDICIALREVIEWAppeal against dismissal of applicationfor judicial review of Secretary of State'srefusal to renew a firearms certificate. -whether decision breached art.8 ECHRright to private and family life. -applicant used firearm in leisure activityCOURT OF APPEAL18 FEBRUARY 2003CARSWELL LCJ

IN THE MATTER OF DAVID WILLIAMJOHN DOWDALLS FOR JUDICIALREVIEWAppeal against dismissal of judicialreview application. - prisoner notallowed to go on enhanced prisonregime. _ Progressive Regimes andEarned Privileges Scheme. - prisonerfound guilty of rape and indecentassault. - denied assault and refused toparticipate in Offending BehaviourProgramme (sex Offenders' treatmentprogramme). - appeal dismissedCOURT OF APPEAL21 FEBRUARY 2003CARSWELL LCJ

DRIVER AND VEHICLE LICENSING TESTINGAGENCY and MCNICHOLASCONSTRUCTION SERVICES LIMITEDAppeal by case stated. – road trafficvehicle construction and use. – appellantconvicted of offence of using on a road agoods vehicle which had excessive weighton the second axle. – whether offencewas one of strict liability in domestic law.– whether consistent with ECHR. – appealdismissedCOURT OF APPEAL7 MARCH 2003CARSWELL LCJ

IN THE MATTER OF SIR JAMES DENNISCOMPTON FAULKNERApplication for registration. - whetherrespondent had acquired adversepossession to land. - HELD thatrespondent exercised sufficient dominionand factual possession for 12 years toconstitute adverse possessionCOURT OF APPEAL7 FEBRUARY 2003CARSWELL LCJ

MCCONVILLE, COLETTE and SOUTHERNHEALTH AND SOCIAL SERVICES BOARDDamages. - personal injuries. - plaintiffrequired to lift patients during the courseof employment. - whether statutorynegligence on part of employers underManual Handling Regulations 1992. -whether Court should allow claim tosucceed since it was made outsidestatutory limitation period. - HELD thataction allowed to proceedQUEENS BENCH DIVISION11 FEBRUARY 2003HIGGINS J

IN THE MATTER OF AN APPLICATION BYLAURENCE MCGRADY FOR JUDICIALREVIEWApplication for judicial review of decisionof Mental Health Review Tribunal not todischarge him from psychiatric institution.- report by psychiatrist issued oncondition it would not be disclosed toapplicant. - whether in breach of ECHRart. 5 and 6. - right to fair hearing. -application dismissedQUEENS BENCH DIVISION14 FEBRUARY 2003KERR J

LORD SAVILLE OF NEWDIGATE and TOBYHARNDENContempt of court. - respondent isjournalist who failed to give evidence toBloody Sunday Tribunal in order toprotect his sources. - discovery. - whethercontempt proceedings were criminal orcivil. - HELD that proceedings werecriminal and appeal dismissedCOURT OF APPEAL14 FEBRUARY 2003CARSWELL LCJ

IN THE MATTER OF AN APPLICATION BYGERALD O’CALLAGHAN FOR LEAVE TOAPPLY FOR JUDICIAL REVIEWApplication for judicial review to seekorder quashing Police Ombudsman’sdecision not to submit a report in respectof a complaint against police officers bythe applicant until ongoing and relatedcriminal proceedings against the applicantwere concluded. – applicant charged withdisorderly behaviour and assault on aConstable. – whether Ombudsman’sdecision was irrational or contrary to thePolice Act 1998. – what effect delay mighthave on opportunity to persecute a policeofficer in Magistrate’s Court for summaryoffence. – application dismissedQUEENS BENCH DIVISION11 MARCH 2003HIGGINS J

R V JULIE MCGINLEY and MICHAELMONAGHANMurder. - sentencing. - life imprisonment.- minimum tariff under Life Sentences (NI)Order 2001. - 15 years imprisonmentCROWN COURT12 FEBRUARY 2003KERR J

IN THE ESTATE OF NORMAN EDWARDTHOMPSON DECEASED 2002 NO. 1Wills. – challenge to will. - whetherproperly executed. – testamentarycapacity and want of knowledge. –whether undue influence was exercisedon testator. – HELD that will properlyexecuted and probate granted accordingly(further judgment given that plaintiffs’and executors costs be taken out of theestate on the indemnity basis and subjectthereto that one third of the defendants’costs on the standard basis be paid out of

27

March 2003

the estate)FAMILY DIVISION16 FEBRUARY & 26 FEBRUARY 2003GIRVAN J

IN THE MATTER OF AN APPLICATION BYDAVID WRIGHT FOR JUDICIAL REVIEWApplication for judicial review of ChiefConstable of PSNI’s refusal to disclosefiles of police investigation into murderof applicant’s son. – whether policeinvestigation thorough and impartial. –whether art.2 ECHR breached. – right tofair trial. – retrospective effect ofHuman Rights Act. – applicationdismissedQUEENS BENCH DIVISION7 MARCH 2003KERR J

R V BELLINGHAMSupply of drugs. – application thatprosecution should be stayed. – whetherabuse of process. – whether inducementby police test purchase officer. –application refusedANTRIM CROWN COURT10 MARCH 2003SMYTH J

SMYTH, DAMIEN V SMYTH, BRENDANDamages. – claim of negligence andbreach of occupier’s liability. – applicantinjured while playing on father’s farmaged 12. – whether farmyard machineryor pallets constituted unusual danger,trap or allurement. – claim dismissedQUEEN’S BENCH DIVISION11 MARCH 2003SHEIL J

INDUSTRIAL TRIBUNALS

BELL, RAYMOND V HEATONS LIMITEDand MEADOWLANDS LIMITED INDUSTRIAL TRIBUNAL, 12 DECEMBER2002, 3688/01Decision on a preliminary question. -Parties agreed to remove Heatons as aparty to the proceedings. - Applicantwho had been made redundant claimedthere had been a relevant transfer ofundertakings. - Tribunal ruled there hadbeen a relevant transfer

BROWN, JOHN S V MCCULLOUGH,DEREK INDUSTRIAL TRIBUNAL, 18 DECEMBER2002, 1690/02 Applicant alleged unfair dismissal. -Respondent did not appear and was notrepresented. - Tribunal had no evidencebefore it as to why applicant had beendismissed. - Tribunal rules dismissal wasunfair on substantive and proceduralgrounds. - Respondent is ordered to paycompensation to applicant

CARSON, DAVID V HYNDS, MICHAELT/A HYNDS ARCHITECTURAL SYSTEMSLIMITED INDUSTRIAL TRIBUNAL, 28 NOVEMBER2002, 1262/02Applicant alleged respondent madeunlawful deductions from his wagescontrary to Part IV Employment Rights(NI) Order 1996. - Applicant claimed hewas not paid for overtime hours hehad worked. - Respondent statedovertime would only be paid tosalaried staff at his discretion, andwhen it had been agreed in advance. -Tribunal dismisses application

CONWAY, JULIE V DUNNES STORES(BANGOR) LIMITED INDUSTRIAL TRIBUNAL, 28 OCTOBER2002, 2944/00 Applicant alleged unlawfuldiscrimination, constructive dismissaland unfair dismissal. - Applicant waspart-time worker who returned towork after extended maternity leave. -Tribunal dismisses application

COUSINS, NEIL and OTHERS V B EAEROSPACE (UK) LIMITED INDUSTRIAL TRIBUNAL, 10 DECEMBER2002, 00493/00 The respondent company dismissedten applicants. - Respondent allegedthey had been selected forredundancy due to a downturn inbusiness. - Applicants alleged unfairdismissal. - Tribunal dismissesapplications. - some of the applicantsordered to pay costs

CUMMING, GREGORY V CENTURYNEWSPAPERS LTD INDUSTRIAL TRIBUNAL, 13 DECEMBER2002, 2933/01Applicant did not appear and was notrepresented. - Tribunal dismissesapplication

CUMMINS, TREVOR V QUEEN'SUNIVERSITY OF BELFAST andSCULLION, DENISE INDUSTRIAL TRIBUNAL, 10 DECEMBER2002, 04517/99SDApplicant dismissed by University dueto poor performance. - Applicantalleged sex discrimination. - Tribunalrules fair procedures had not beenfollowed leading to the applicant'sdismissal, but that it was notdiscriminatory. - Tribunal rejects eachof the applicant's complaints

DAY, ELLEN V OCS SUPPORT SERVICESET AL INDUSTRIAL TRIBUNAL, 29 NOVEMBER2002, 1192/01Applicant alleged harassment and

constructive dismissal. - Tribunal rules asignificant breach of a contractual termhas not been established. - Applicationis dismissed

DE WET, ALEX V NETWORKNEIGHBOURHOOD LIMITED INDUSTRIAL TRIBUNAL, 4 DECEMBER2002, 1738/01 Applicant alleged breach of contract,sex discrimination, and unlawfuldeductions from wages, racediscrimination and unfair dismissal. -Tribunal upholds complaint of unfairdismissal but dismisses all othercomplaints. - Tribunal orderscompensation to be paid to applicant

EDMONDSON, CAROLINE P ET AL VALLEN, MICHAEL and BURTON, BRIANand CHIEF CONSTABLE OF THE ROYALULSTER CONSTABULARYINDUSTRIAL TRIBUNAL, 26 NOVEMBER2002, 02239/97SD; 02319/97SD;02404/97SDPreliminary decision issued to parties on8 August 2002. - Member of Tribunalpanel was a Commissioner in theEquality Commission. - All applicantswere receiving funding from theCommission. - Tribunal revokes earlierpreliminary decision and orders that ahearing of the preliminary issue willtake place before a differentlyconstituted tribunal

FARRELL, JOHN V DRIVER & VEHICLETESTING AGENCY INDUSTRIAL TRIBUNAL, 29 NOVEMBER2002, 00349/98Applicant alleged unfair treatment dueto trade union activities. - Tribunaldismisses application

HENVEY, TERESA V BREEN, GERARD ETAL and SOCIAL SECURITY AGENCY INDUSTRIAL TRIBUNAL, 20 NOVEMBER2002, 1787/01 Preliminary issue. - whether complaintsof sex discrimination are within the timelimits. - Tribunal dismisses first threerespondents from the proceedings. -Tribunal rules applicant's complaintagainst the fourth respondent is withintime

LARKHAM, GARY V DOWNEYS CARSLIMITED INDUSTRIAL TRIBUNAL, 30 DECEMBER2002, 1530/02 Applicant alleged unfair dismissal andbreach of contract. - Tribunal wassatisfied that the respondent had shownthat the reason for the dismissal was thelong-term absence of the applicant ongrounds of ill health. - Application isdismissed

28

March 2003

LARMOUR, BRENT V WRIGHT, SANDRA Land LA FITNESS PLC INDUSTRIAL TRIBUNAL, 18 DECEMBER2002, 2559/01 Applicant alleges unlawful sexdiscrimination. - Tribunal upholdsapplicant’s complaint that he had beensexually harassed and discriminatedagainst on the grounds of his sex. -Application to be relished at a later datefor a hearing on remedy

LEATH, TED V UNIVERSITY OF ULSTER INDUSTRIAL TRIBUNAL, 2 DECEMBER2002, 03702/01Decision on a preliminary issue. -Applicant alleged sex discrimination andrace discrimination by the respondentafter attending job interview withrespondent. - Respondent allegesapplication is outside the time limits. -Tribunal discusses when alleged act ofdiscrimination took place. - Tribunaldetermines it has jurisdiction to hearapplicant's complaints

LESLIE, SHARON and OTHERS V ADYENTERPRISES LIMITED and DEPARTMENTOF EMPLOYMENT AND LEARNING INDUSTRIAL TRIBUNAL, 5 DECEMBER2002, 219/02Applicants claimed redundancypayments, payments in lieu of notice,payments in respect of lying weeks andpayments in respect of unpaid wages /holiday pay. - Tribunal rules applicantsare entitled to receive sums under theheads of damages set out in the table

LIVINGSTON, LORNA V POLICE SERVICEOF NORTHERN IRELAND ET AL INDUSTRIAL TRIBUNAL, 21 NOVEMBER2002, 560/02Decision on a preliminary issue. -Applicant alleged sex discrimination. -Tribunal rules complaint was notpresented within the time limits. -Tribunal rules there is no reason toextend time and dismisses complaint

MCKEOWN, GERARD V CHAP CABLELIMITED and WREKIN CABLE SERVICESLIMITED INDUSTRIAL TRIBUNAL, 18 NOVEMBER2002, 3473/01Applicant claimed he was entitled tocompensation for unfair dismissal andfor monies due and unpaid. - Tribunalrules that applicant was a sub-contractorof the respondent and not an employee.- Tribunal rules applicant is not entitledto claim the protection covered by theEmployment Rights (Northern Ireland)Order 1996

MORRIS, CIARA V DUMMIGAN, MARTINET AL [STEPPING STONE] INDUSTRIAL TRIBUNAL, 26 NOVEMBER

2002, 01737/00Applicant complained of unfair dismissaland breach of contract. - respondentclaimed applicant was dismissed fairly. -applicant failed to co-operate withinvestigatory and disciplinary process. -Tribunal decides employer's decision todismiss was a reasonable response. -application is dismissed

MULHOLLAND, W R V OTIS LTD INDUSTRIAL TRIBUNAL, 11 DECEMBER2002, 02333/00; 02807/00Decision of Tribunal on review of earlierdecision dated 29 April 2002 atrespondent's request. - Applicant hadbeen awarded compensation for unfairconstructive dismissal. - Tribunal rulesamount for weekly maximum for basicaward had been miscalculated. - Amountof compensation for psychiatric injuryand damage to family life is upheld

O'NEILL, STEPHEN GERARD V MCGRATH,T A INDUSTRIAL TRIBUNAL, 19 DECEMBER2002, 778/02 Applicant alleges unlawful deductionsfrom his wages in respect of one week'spay in lieu of notice. - Applicant was onlyemployed by respondent for 7 months. -Tribunal dismisses application

PROCTOR, STEPHEN V NORTELNETWORKS LIMITED INDUSTRIAL TRIBUNAL, 16 NOVEMBER2002, 2527/01Applicant alleged constructive dismissal. -Tribunal finds applicant resigned to leavefor another post and was not unfairlydismissed

TAYLOR, GARY V NICHOLLS (FUEL OILS)LIMITED INDUSTRIAL TRIBUNAL, 30 DECEMBER2002, 1236/01Applicant alleges constructive dismissal. -Applicant was employed as an oil tankdriver, but resigned due to therespondent's unreasonable attitudeabout the safety of his vehicles. - Tribunalrules respondent fundamentallybreached implied terms of trust andconfidence inherent in employmentrelationship by his treatment of theapplicant. - Tribunal upholds applicant'sclaim and orders compensation to bepaid

TONER, COLUMBA V NWIFHE INDUSTRIAL TRIBUNAL, 18 NOVEMBER2002, 848/02Decision on a preliminary issue. -Applicant alleged deductions from wagesarising out of a non-payment of a travelclaim. - originating application presentedoutside time limit. - applicant failed to

appear and no evidence was presentedas to why time should be extended. -Application is dismissed

VIEIRA, JORGE V DERRYVALE FURNITUREand O'ROURKE, JIM INDUSTRIAL TRIBUNAL, 19 DECEMBER2002, 2384/02 Decision on interim relief application. -Applicant alleged unfair dismissal afterhe informed respondent of his tradeunion activities. - Employer failed toattend hearing of this interim reliefapplication. - Tribunal rules contract ofemployment should continue untildetermination of the complaint

FAIR EMPLOYMENT TRIBUNALS

KERR, JAMES ALAN V QUEENSUNIVERSITY BELFAST FAIR EMPLOYMENT TRIBUNAL, 2DECEMBER 2002, 193/01FET Applicant complained about his non-appointment to a post. - originatingapplication was presented outside thetime limits. - Tribunal rules it is not justand equitable to extend the time limits

MCCANDLESS, EDITH V NORTHERNIRELAND PUBLIC SERVICE ALLIANCE andGRIFFIN, NOEL ET ALFAIR EMPLOYMENT TRIBUNAL, 17SEPTEMBER 2002, 00109/98FETApplicant alleged discrimination on thegrounds of her religious belief. – Tribunalfound no evidence to support a claim ofdiscrimination. – Application is dismissed

MCCORMACK, WILLIAM V BOXMOREPLASTICS LIMITEDFAIR EMPLOYMENT TRIBUNAL, 18SEPTEMBER 2002, 417/99FET; 04263/99D;04264/99UD; 04265/99BCApplicant alleged unlawfuldiscrimination on the grounds ofreligious belief / political opinion, unfairdismissal, breach of contract anddisability discrimination. – applicantclaimed respondent failed to makereasonable adjustments to accommodatehis deafness. – Tribunal rules applicantwas unlawfully discriminated against onthe grounds of his disability and ordersrespondent to pay him compensation. –Tribunal dismisses other complaints

MCCUE, JAMES V BRITISH GEOLOGICALSURVEY, QUEEN’S UNIVERSITY BELFASTand NATURAL ENVIRONMENT RESEARCHCOUNCILFAIR EMPLOYMENT TRIBUNAL, 3SEPTEMBER 2002, 00443/97FETApplicant complained of discriminationwhen not selected for job interview. –Applicant refused to accept directionsand failed to produce relevant evidence

29

March 2003

and submissions. – Application dismissed

MCCURDY, LAUGHLIN V BELFAST CITYCOUNCILFAIR EMPLOYMENT TRIBUNAL, 30SEPTEMBER 2002, 00541/98FETDecision on application for costs. –Applicant withdrew complaint ofunlawful religious discrimination whenonly part heard. – Tribunal dismissesrespondent’s application for costs

MCFETRIDGE, ANNA MAY V GRAMPIANCOUNTRY FOODS LIMITED andGALLAGHER, GARY ET ALFAIR EMPLOYMENT TRIBUNAL, 4SEPTEMBER 2002, 00452/98FETApplicant alleged respondentsdiscriminated against her on thegrounds of religious belief and politicalopinion. – Tribunal does not accept onthe balance of probabilities thatapplicant was subjected to a detrimentby way of harassment. – Originatingapplication is dismissed

MAGUIRE, MICHAEL V NORTHERNIRELAND RAILWAYS ET ALFAIR EMPLOYMENT TRIBUNAL, 15NOVEMBER 2002, 00414/96FET;00052/97FET; 03517/96UD; 03518/96TUACase stated by the Fair EmploymentTribunal in accordance with article 61 ofthe Rules of the Supreme Court. –questions for opinion of the Court ofAppeal. – whether the Tribunal wascorrect in finding that the appellant inbringing or conducting theseproceedings acted vexatiously so as tojustify the award of costs made againsthim. – whether the Chairman wascorrect in law in refusing the appellant’srequest for a review of the decision oncosts on the grounds that it had noreasonable prospect of success

REID, SHIRLEY V ROYAL MAILFAIR EMPLOYMENT TRIBUNAL, 11SEPTEMBER 2002, 595/01FETApplicant alleged sexual and religiousdiscrimination. – Application not lodgedwithin relevant time limit. – Whetherjust and equitable to considercomplaint. – Delay in the procedure wasdue to the applicant’s illness. – Tribunaldecides to extend time and applicationsare allowed to proceed to hearing ofsubstantive issues

Full text of the above may be obtainedfrom the library

First Trust Bank has centralised its commercial security function ie any non-domestic mortgage security items. The centralisation process commencedduring May 2002 and was completed at the end of February 2003.As each of our branches is centralised all items of security will be removedfrom the branch to a central storage location and correspondence relatingto all new and current security issues will be dealt with by a specialised teamat the Central Securities Unit, 4 Queen’s Square, Belfast.

How will this effect local Solicitors?

• They will receive a professional, consistent, fast and reliable service from adedicated central team.

• All instructions for new security and follow up on existing security itemswill be dealt with by the Central Securities Unit.

• Requests from Solicitors to forward security items, eg title deeds, lifepolicies, licences will be dealt with by Central Securities Unit who mayrequire up to five working days from receipt of the request, with thenecessary client authority, to the posting of the item to the Solicitor. CentralSecurities Unit will use the DX Post System where it is available. Solicitorsshould bear these time scales in mind when requesting security items.

Centralisation of First TrustBank Securities Function

“Tie it all together with a PhiBeta system”

PhiBeta Business Systems Ltd43 Rosetta Road, Belfast BT6 0LR

Telephone: 028 9049 1336 Fax: 028 9064 0753

ADVERTISEMENT

30

March 2003

As all probate practitioners will know,one of the most important reliefs frominheritance tax is that afforded toagricultural property by sections 115 to124 C of the Inheritance Tax Act 1984.Section 116 provides that where thewhole or part of the value transferredby a transfer of value is attributable tothe agricultural value of agriculturalproperty the whole or that part of thevalue transferred shall be reduced bythe appropriate percentage. Thatpercentage is either 50% or, morecommonly, 100%. “Agriculturalproperty” is defined in section 115(2)as meaning:

“agricultural land or pasture andincludes woodland and any buildingused in connection with the intensiverearing of livestock or fish if thewoodland or buiding is occupied withagricultural land or pasture and theoccupation is ancillary to that of theagricultural land or pasture; and alsoincludes such cottages, farm buildingsand farmhouses, together with theland occupied with them, as are of acharacter appropriate to the property.”

A great many farms in Northern Irelandare relatively small. Many are, at best,only marginally profitable, and someare not even that. Conacre lettings area familiar feature of the NorthernIreland agricultural scene, where for avariety of reasons the landowner oftendoes not wish to farm the landshimself, although he or hispredecessors as owners may well havedone so for many years while living inthe principal house on the land. It haslong been assumed that the owners ofsuch houses, or their executors, willobtain agricultural relief, not only onthe land but also on the main house,when a transfer of value occurs,whether on a death or by a lifetimegift. However, the Inland Revenue hasclearly set out to whittle down thescope for such relief and a recentdecision of the Special Commissioner ina Northern Ireland case will causeconsiderable concern to farm ownersand their advisers.

The Higginson case (SpC 337), decidedin October 2002, concerned Ballyward

Lodge in County Down. The house wasset in an estate of around 134 acres,including 63 acres of (mainly) grasslandand 3 acres of formal gardens. Theremaining 68 acres consisted ofwoodland and wetland aroundBallyward Lake, most of the lake beingwithin the property. There was agardener’s cottage, a gate lodge andsundry outbuildings used foragricultural purposes, the latter beingclose to the main residence and someof them forming two sides of a yardimmediately behind the house.

There was no issue regarding the landsor the agricultural outbuildings, theInland Revenue accepting that theyqualified for agricultural relief.However the Inland Revenue issued adetermination that the house did notqualify, as it was not “of a characterappropriate to the property” withinthe meaning of section 115(2). Theexecutors appealed to the SpecialCommissioners.

It was common ground that BallywardLodge was not a typical farmhouse. Itwas built in the early part of the 19thcentury and was originally a huntinglodge. It is a very attractive periodbuilding, with, inter alia, a spacioushall, drawing room, library and diningroom and five bedrooms. There was,on the other hand, evidence that partsof it were much in need ofmodernisation. It was accepted byboth sides that the description in theestate agents’ brochure, when theproperty was put up for sale after JohnHigginson’s death, was accurate, viz:“…having enormous potential as acharming family home or as a smallactive farm”.

John Higginson, the deceased owner,was no mere gentleman farmer –although a member of a prominentUlster linen family, he had decidedearly in life that he wished to pursueagriculture seriously, and to that endattended Greenmount Collegeimmediately before the Second WorldWar, where he obtained a first classcertificate in farming. Afterdistinguished service in the RAF duringthe war, he acquired the Ballyward

property in 1954 and lived there forthe rest of his life. Until about 1985 hefarmed the land himself, with theassistance of three full-time farmworkers; however by then he was in hismid-seventies and, not unnaturally,decided to let the lands in conacre,while still taking an active interest asowner in the well-being of the landsand the agricultural buildings. He diedin November 2001.

No evidence was given or sought ofthe profitability of the deceased’s ownfarming activities before he started tolet the land. It was his wish that, ifpossible, his nephew (to whom theproperty was left in his Will) shouldfollow in his footsteps; his nephewgave very serious consideration to this,and drew up a business plan, but forsecurity reasons related to his formermilitary career ultimately decided thathe could not do so. The entire propertywas sold in 2001 for £1,150,000.

The Special Commissioner, MrO’Brien,considered and accepted theview put forward by ChristopherMcCall QC, for the appellants, that theland and the house formed a unit, thehouse being integral thereto, but said:

“I am of the clear opinion that for thepurposes of section 115 (2) the unitmust be an agricultural unit: that is tosay, that within the unit the land mustpredominate. As Morritt LJ said inStarke [1995] STC 689 at p.694h) “It isas though the draftsman had startedwith the land and then dealt withwhat should be going with it” Forpresent purposes any qualifyingcottages, farm buildings or farmhousesmust be ancillary to the land”.

Confusingly, the Special Commissionerthen discussed the financial viability ofthe farm, saying inter alia that “in thepresent case, the single most significantfact is the price which was obtained onthe sale not long after the deceased’sdeath” and that “quite apart from thefact that such a figure would bebeyond the means of many who mightotherwise show an interest, it wouldrepresent an appalling investment, interms of yield from that farm”. This, it

Is your client’s farmhouseappropriate?

31

March 2003

is submitted, is quite irrelevant, but hethen came back to his original pointthat “within this particular unit it is thehouse which predominates, and thatwhat we have here is a house withfarmland going with it (and not viceversa).” Consequently he disallowedagricultural relief.

Reading the Higginson case by itselfone might come to the depressingconclusion that to obtain agriculturalrelief for a “farmhouse”, not onlyshould the farm be financiallyprofitable (in which case a very largenumber of farmhouses in NorthernIreland and other parts of the UKwould be unlikely to qualify), but thefarmhouse should preferably beunattractive and cheap. As Mr McCallargued with some force:

“Only by saying that a farmhousewhich is an integral part of a workingfarm can be not of a characterappropriate to the farmland concernedcan this house be denied relief andthat can only be justified (if at all)bysaying that the appropriateness of thecharacter of the property is not to bejudged by reference to the specificholding of land but by reference tosome obscure and preconceived notionof what sort of property farmers atlarge should be expected to live in,whether farmhouses are to be allowedto have carpets, antique furniture andgood reception rooms, whether theyare to be disqualified by the eleganceof the façade or the presence of apleasure garden or a library. Thatcould conceivably be a test whichParliament might have thought fit toadopt (though it is not clear how itcould be expressed); but it is simply notthe test actually adopted by thestatute, which looks to theproportionality of the house to theland in question, and so to thequestion whether the two form anagricultural unit, not to the habits offarmers generally………………Thetaxpayers say that the tribunal shouldbeware of the danger inherent in theRevenue’s attempt to deny relief in thepresent case that envy will become theyardstick of taxability.”

Fortunately, a much clearer decision onexactly the same point was deliveredon the same day by another SpecialCommissioner, Dr Nuala Brice. In theAntrobus case (SpC 336) the property inquestion was Cookhill Priory, a Grade 2listed property in Warwickshire with126 acres of agricultural land. The

house had a chequered history and hadapparently been listed, not because ofits attractiveness but because of itshistorical interest. Parts of it datedback to 1260, but it had been muchaltered and added to over thecenturies. It was described by an expertwitness as “ a mongrel property”. Theprobate valuation stated that it “wasvery much in a time warp”. It was in avery poor state of repair anddecoration with little work havingbeen carried out for a considerablenumber of years. There was a longhistory of active farming prior to thedeath of the owner, Miss RosemaryAntrobus, in 2001, but it was scarcelyprofitable: in the years 1991 to 2001inclusive, the farming businessproduced a profit, and a very small oneat that, in only two years, and in oneyear made a loss of over £50,000.

It was accepted by both sides that theproperty was a working farm and thatthe house was a farmhouse. The onlyquestion, therefore, was whether thehouse was “of a character appropriateto the land” within section 115 (2).

The Special Commissioner consideredthe tests applied in a number ofleading cases. In Korner (45 TC 287)Lord Upjohn said that “to be “thefarmhouse” for the purposes of thesection it must be judged in accordancewith the ordinary ideas of what isappropriate in size, content and layout,taken in conjunction with the farmbuildings and the particular area offarmland being farmed and not part ofa rich man’s considerable residence”.The Special Commissioner consideredthat while this was a test of whether aproperty was a farmhouse at all ratherthan whether it was of a “characterappropriate”, nonetheless it did“encapsulate the idea that it must beof a character appropriate to theproperty.”

In Starke [1994} STC 295, [1995] STC689 (CA), Blackburne J. said :

“If cottages, farm buildings andfarmhouses which are occupied andused for the purposes of agriculturefall within the meaning of agriculturalland it is difficult to see what the pointis of the “character appropriate”requirement in limb (3). If, however,cottages, farm buildings andfarmhouses, together with any landoccupied with them, are not within theexpression "agricultural land orpasture" but will constitute“agricultural property” if used in

connection with the agricultural landor pasture provided they are of acharacter appropriate to suchagricultural land or pasture (that is, areproportionate in size and nature to therequirements of the farming activitiesconducted on the agricultural land orpasture in question) then it is possibleto attribute a full meaning to thislimb.”

The Special Commissioner then turnedto the analysis in McCutcheon onInheritance Tax (ninth cumulativesupplement,1999) para 14,72, wherethe test is described in the followingway:

“The present position is that the“character test” is considered againstthree main tests: (I) the elephant test –although you cannot describe afarmhouse which satisfies the charactertest you will know one when you seeit! (ii)man on the (rural) Claphamomnibus: would the educated rurallayman regard the property as a housewith land or a farm? (iii) historicaldimension: how long has the house inquestion been associated with theagricultural property and is there ahistory of agricultural production?”

She concluded:

“Thus the principles which have beenestablished for deciding whether afarmhouse is of a character appropriateto the property may be summarised as:first, one should consider whether thehouse is appropriate by reference to itssize, content and layout, with the farmbuildings and the particular area offarmland being farmed (Korner);secondly,one should consider whetherthe house is proportionate in size andnature to the requirements of thefarming activities conducted on theagricultural land or pasture in question(Starke); thirdly that although onecannot describe a farmhouse whichsatisfies the “characterappropriate”test one knows one whenone sees it (Dixon - 2001 SpC297);fourthly, one should ask whether theeducated rural layman would regardthe property as a house with land or afarm (Dixon); and, finally, one shouldconsider the historical dimension andask how long the house in question hasbeen associated with the agriculturalproperty and whether there was ahistory of agricultural production(Dixon).”

In applying these tests to the Antrobuscase itself, she concentrated on two

32

March 2003

factors, namely the history of theproperty and the comparables. As tothe history, the house and farm hadbeen owned and occupied by theAntrobus family since 1907 and theCommissioner found that “thefarmhouse was used just as any otherfarm building ………during the lifetimeof Miss Antrobus the house was notused as a family home of distinctionbut as a working farm building”. (Inpassing, it might be felt that in thisrespect there was little differencebetween Cookhill Priory and BallywardLodge).

As to the comparables, theCommissioner accepted the expertevidence that “there are manyfarmhouses of the same size andnature as the dwelling house at issue inthis appeal where the farming activitiesare conducted on agricultural land ofapproximately the same size and wherethe farming activities are also similar innature (arable and stock). It isaccepted that the evidence about thecomparables did not extend to theprofitablity of their farming activities,but in my view, profitability cannot bea conclusive factor.…………………………………………………The house in this appeal was, at thedate of death of Miss Antrobus, afarmhouse with a farm and definitelynot a house with land.”

The analysis in the Antrobus case isvery helpful, that in the Higginson caserather less so. In any event, it is clearin the light of these cases that manylandowners and their advisers shouldcarefully reconsider whether or not theprincipal house is not only a farmhousebut also “of a character appropriate tothe land”. Clearly a long history ofagricultural use is useful but notconclusive, profitability is probablyhelpful but also not essential, and theexistence of a good many comparablefarmhouses in the area is extremelyadvantageous. A cynic might alsoconsider it a good thing if the house isthoroughly run-down and unattractive,rather than one which many peoplemight actually like to live in and forwhich they would pay a good price,but that is probably taking the caseanalysis a little too far.

Alan Hewitt.

Antrimsolicitor, BillySwann (a pastpresident ofthe Rotary Clubof Antrim) hasjust publisheda bookdetailing hisexploits in theconstruction ofthis gardenover the pastseven years.Entitled ‘How Ibuilt aJapaneseGarden’ thebook is anhilarious account of how Billy wasable to turn a muddy field into aplace of contemplation andenjoyment. It has been highlycommended by ‘Shakkei’ thejournal of the Japanese GardenSociety (UK), and was serialised inWater Gardener magazine sometime ago.The book runs to 93 pages andcontains over 100 stunning fullcolour photographs.Copies of the book are available

from the Secretary of the RotaryClub of Antrim (Robert Elliott)priced at £20 each plus post andpacking, or from Billy at Holmes &Swann, Solicitors, 16 High Street,Antrim, BT41 4AN.

All profits from the sale of thebook are being donated to theAntrim Club’s charity funds.You can also view the garden onthe world wide web at: www.Cbtinteramagarden

Fujiyama Japanese Garden

33

March 2003

Law ReformAdvisory Committeefor Northern IrelandThe Law Reform Advisory Committeefor Northern Ireland has published itsReport on Contracts relating to theSale of Land or Interests in Land andthe Rule in Bain v Fothergill.

The Report outlines the existing rulesrelating to formalities in respect ofcontracts for the sale of land andconsiders criticisms that have beenmade of the existing law.

Consideration is given to the reformsmade in England and Wales as a resultof the recommendations of the LawCommission in its Report on Formalitiesfor Contracts for the Sale of Land (LawCommission no 164). The Report alsoconsiders the options for reform in thisjurisdiction, and makesrecommendations. The Report alsomakes recommendations in respect ofthe “anomalous rule” in Bain vFothergill.

Copies of the Report are available fromthe Stationery Office, 16 Arthur Street,Belfast.

Any comments in relation to theReport should be forwarded in writingto the Secretary, Law Reform AdvisoryCommittee for Northern Ireland, FirstFloor, Lancashire House, 5 LinenhallStreet, Belfast BT2 8AA.

Name of attendee(s):

Company name:

Please reserve the following number of places at the above event14th May 2003 – Half day seminar on The Trustee Act NI 2001 & Trust PlanningIssues for Trustees

£25.00

I enclose a cheque for £25.00 as a non-refundable fee made out to McFaddenPerry Solicitors

Please return completed Booking Form to Lois Dunn of McFadden PerrySolicitors, 109/113 Victoria Street, Belfast BT1 4PD, DX 426 NR Belfast 1

BOOKING FORM

McFadden Perry Solicitors

in partnership with

C J Higgins Financial Services present a seminar on the

Trustee Act NI 2001 & Trust Planning Issues for Trustees.

Date: Wednesday 14th May 2003-03-18 Time: 10am to 12 noonVenue: Conference Room, 109/113 Victoria Street, Belfast

Cost: £25 per attendeeSeminar carries 2 hours CPD.

PresentersKeith Liggett, Senior Adviser, CJ Higgins Specialist Financial Advice Division

to the Legal Profession in Northern Ireland.Anne Young, Senior Manager of Technical Support (Tax) in Scottish Widows plc

TopicsTrustee obligations under the Trustee Act NI 2001

Trustee investment optionsCommon problems and issues arising from trusteeship

Issues for trustee’s in Inheritance Tax planningThe aim o the seminar is to provide definitive and practical guidance, with

relevant case studies and examples, to those working in this critical area of client planning.

Tea and coffee will be available before the meeting with a sandwich lunchincluded in the attendance fee.

WE’RE STILLRECOVERING

DEBTSContact Graham Keys or

John Forsytheat Diamond Heron

028 9024 3726

ADVERTISEMENT

Re: Derrick Andrew McConnell, FosterEdgar, George Heatherington andRobert McCain.

Lands at Old Mountfield Road, Omagh,Co Tyrone (Omagh EvangelicalPresbyterian Church)

TAKE NOTICE that any person havingcustody of or information as to thewhereabouts of the documents of titleincluding a Deed of Conveyance dated14th April 1989 between MaureenMcGrath of the one part and DerrickAndrew McConnell, Foster Edgar,George Heatherington and RobertMcCain of the other part shouldforthwith produce the said deeds orcommunicate such information to theundermentioned solicitors within threeweeks of publication of this notice.

Hewitt & Gilpin Solicitors14/16 James Street South Belfast BT2 7GA

Folio: FE 2231County: FermanaghRegistered Owner: Martin LeonardMcGinleyLands of Moneygourgan (part)Take notice that any person havingcustody of or information as to therewhereabouts of the Land Certificaterelating to the above mentioned Folioshould forthwith produce saidCertificate or communicate suchinformation to the undermentionedSolicitors.And take further notice that unless thesaid Land Certificate is so produced oradequate information as to itswhereabouts is so communicatedwithin three weeks of publications ofthis notice, a duplicate Land Certificatemay be applied for.McAteer & CompanySolicitors97 Bloomfield RoadBELFASTBT5 5LN

34

March 2003

Solicitors Required Missing Land Certificates

James Murland & Co SolicitorsConveyancing and Probate/TrustsSolicitors (min 1 years p.q.e)Required for expandingConveyancing and ProbateDepartments.These are posts with excellentprospects and an attractive salary.Apply on or before 17th April 2003 inStrictest confidence with CV to BarryP Finlay, Senior PartnerJames Murland & Co Solicitors15 English StreetDownpatrick Co DownNorthern IrelandBT30 6AP

An excellent opportunity exists in abusy Londonderry [Waterside]practice. Knowledge ofconveyancing and general litigationessential. Attractive salary packagewill be offered to the successfulapplicant, commensurate withexperience. This is an idealopportunity for a young ambitiousSolicitor to progress quickly in a busypractice.Please apply in the first instance inwriting, enclosing full CV, in strictestconfidence toMr E HueyTEW Huey & CompanySolicitors11 Limavady RoadWatersideLondonderryBT47 6JU

Folio: LY24247LCounty: LondonderryRegistered Owner: Leo Madden andGrainne MaddenLands of:16 Orchard Way, PortglenoneTake notice that any person havingcustody of or information as to thewhereabouts as to the Land Certificaterelating to the above mentioned Folioshall forthwith produce said Certificateor communicate such information tothe under-mentioned solicitors.And further take notice that unless thesaid Land Certificate is so produced oradequate information as to itswhereabouts is so communicatedwithin three weeks of publication ofthis Notice, a duplicate Land Certificatemay be applied for.Sheridan & LeonardSolicitors19-21 High StreetBelfastBT1 2AA

Folio:- AN29354LCounty:- AntrimRegistered owner:- William EwartProperties LimiteLands of :- Hillview Centre, CrumlinRoad/Hillview Road, BelfastTake notice that any person havecustody of or information as to therewhereabouts of the Land Certificaterelating to the above mentioned Folioshould forthwith produce saidCertificate or communicate suchinformation to the undermentionedsolicitors.And take further notice that unless thesaid Land Certificate is so produced oradequate information as to itswhereabouts is so communicatedwithin three weeks or publication ofthis notice, a duplicate Land Certificatemay be applied for.Johns ElliotSolicitors40 Linenhall StreetBelfastBT2 8BA

Pertemps Legal Solicitors Required for

Portadown/Belfast

3 Years plus PQE in Litigation,Conveyancing or Criminal law.

Interested Contact Colm atPertemps 02890236999

or

[email protected]

Jones and Cassidy Solicitors, 220Ormeau Road, Belfast, BT7 2FY, tel:028 9064 2290 require an assistantsolicitor with a particular interest indiscrimination and employment lawevidenced by specific experience andpreferably qualifications in the field.The successful candidate will be aqualified solicitor of at least two yearsstanding and preferably computerliterate, able to undertake their owncaseload but providing support to thecurrent team of fee earners. The salaryis negotiable and will be according toexperience.Application forms are obtainable fromthe above address and should bereturned by the closing date of noonon Friday 25th April 2003.We are an equal opportunitiesemployer.

Missing Wills

35

March 2003

Assistant Solicitors Required

Re: George McGinleyLate of 108 Drumleck Drive, SteelstownRoad, LondonderryDate of Death: 04 February 2003Would any person having knowledgeof the whereabouts of a Will of theabove named person, please contactMichael Kilfeather Solicitors, RegencyHouse, 18/20 Main Street, Limavady, CoLondonderryTelephone: 028 7772 2996Fax: 028 7772 2592

Re: Bridget McCann (nee McMahon)Late of Derry Laughan Road,Coalisland, County TyroneDate of Death: 13 October 1995Date of Burial: 15 October 1995Would any person having knowledgeof the whereabouts of a Will of theabove named person, please contactPO Box 114, c/o Citigate NorthernIreland Ltd, Citigate House, 157-159High Street, Holywood, Co Down BT189HU.

Re: Donald Declan HarringtonLate of: 5 Glebe Hill Road, Tandragee,Craigavon, Co Armagh,BT62 2DP andformerly of:109 Mullahead Road, Tandragee,Craigavon, Co Armagh, BT62 2LB25 The Mount, Tandragee, Craigavon,Co Armagh, BT62 2AQ211 Lisburn Road, Belfast, BT9 7EG10E Mount Vernan House, Shore Road,Belfast34 The Rise, Waterfall Road,Bishopstown, CorkDate of Death: 2 October 2002Would any person having knowledgeor the whereabouts of a Will of theabove named person, please contactZandra Gamble, Solicitor, Elliott DuffyGarrett, Royston House, 34 UpperQueen Street, Belfast, BT1 6FD.Telephone: 028 9024 5034. Fax: 0289024 1337. (e-mail:[email protected])

Information sought re: Will of FrancisEllerker Hart late of 6 Brownhill Fold,Irvinestonw, County Fermanagh.Previously of The Old Rectory, Muff,Donegal. Please contact GeorginaEvans, 16 Dulwich Village, LondonSE21 7AL TelL 0208 693 7927.Re: David Ian Brown deceased

Late of 5 Portmore Lea, LowerBallinderry, County AntrimDate of death – 8th February 2003-02-24 Would anyone holding a Will of theabove-named deceased or having anyknowledge of the whereabouts ofsame please contact Watson and NeillSolicitors of 23 High Street, Lurgan,Craigavon, County Armagh. BT66 8AH.Telephone number (028 3832 5111. Faxnumber 028 3832 7319. Email:[email protected]

Missing Title Deeds

Re: John Nelson deceasedPremises: 53 Newal Road, Ballymoney,Co AntrimWould any Solicitor holding or havingknowledge of the whereabouts of thetitle deeds for the above premisesplease contact Gary Patterson ofMcKinty & Wright , Solicitors, 5/7 UpperQueen Street, Belfast, BT1 6FS.Telephone number: 028 9024 6751.

Experienced child and family solicitor (4year’s PQE) seeking full-timepermanent employment in Belfast area.Tenure 6 years in highly regarded nichefamily law practice in London.Specialist knowledge of all applicationsunder the Children Act 1989 (privateand public law), child abduction,adoption, injunctions, divorce.Member of the Law Society (England)Children Panel. Day to day experienceof ‘contracting’ as per the Access ofJustice Act 1999. For full curriculumvitae details please contact Maura on028 9070 2237 or 07941 753114, [email protected]

Solicitor Seeking

Enthusiastic, reliable, discreet 2nd yearundergraduate at QUB seeks summerwork experience. Currently studyingEuropean Studies and specialising inEuropean Law modules. Offers herservices during summer months forrelevant work experience in legal fieldor in research capacity. Remunerationoptional. Preferably in Belfast orimmediate area. Use of car.If interested please reply to:-PO Box Number 113c/o Citigate Northern Ireland LtdCitigate House157-159 High StreetHolywoodCo DownBT18 9HU

Assistant Solicitors Required

Work Experience Required

New Books in Library

36

March 2003

Published by the Law Society of Northern Ireland

98 Victoria St. Belfast, BT1 3GNEditor John Bailie

The views expressed are not necessarily those of the Law Society

of Northern IrelandLaw Society Library Email:

[email protected]

Recommended Reading

1) Weisgard: Company voluntary arrangements. Jordans. 2003

2) Hayton: Law relating to trusts and trustees. 16th ed. Butterworths. 2003

3) Tolley’s trust drafting and precedents. Butterworths. 2002

4) Health and Safety Exective: Guidance on regulations; Manual handling operations regulations (Northern Ireland) 1992. 2nd ed. HMSO. 2002

5) Grattan: The Trustee Act (Northern Ireland) 2001. SLS. 2003

Etridge - Undue Influence in MortgageTransactions

The Etridge case highlighted the problems arising from a transaction in whicha wife had agreed to grant a security to a lender over her share of thematrimonial home in order that her husband could obtain further finance.The case and the other joined cases focused on the alleged deficiencies in thequality of legal advice given to the wives. (The Writ, 2002)

Caselaw

Royal Bank of Scotland Plc V Etridge (No. 2)Judgment Date – 11 October 20012001 3 WLR 10212001 4 ALLER 449

Articles

Risks in advising spouses – the Etridge effectThe Writ 2002, March, 16-17.

Under the influence (Discusses the implications for solicitors of the House ofLords' decision in Royal Bank of Scotland Plc v Etridge (No.2), concerning thepresumption of undue influence which may arise when a person takes out asecured loan for another's benefit. Provides a checklist of issues which thesolicitor must discuss.)Wilson: N.L.J. 2003, 153(7068), 252-254

Banks, solicitors, husbands and wives (Analyses the current law of undueinfluence in the light of the House of Lords decision in Royal Bank of ScotlandPlc v Etridge (No.2)Skipwith: Adviser 2003, 95, 40-43

Undue influence - where's the disadvantage? (Criticism of upholding by HL ofrequirement for persons seeking to invoke presumption of undue influence toprove manifest disadvantage, comparison with abuse of confidence cases andduties of lenders and legal advisers)Andrews: Conv. 2002, Sep/Oct, 456-469

Undue influence- whether bank was right to rely on solicitor's confirmationthat wife received independent advice (Whether bank was entitled to rely onreport of title from solicitor that wife had received independent advicerelating to remortgaging of property or should have made additional inquiriesbefore legal charge was signed).Chuah: F. & C.L. 2002, 8(Sep), 6-7

Copy deadline for AprilTuesday 15th April 2003

ADVERTISEMENT




Issue No. 144 March 2003 W RIT · Issue No. 144 March 2003 W RIT JOURNAL OF THE LAW SOCIETY OF...

Documents

Transcript of Issue No. 144 March 2003 W RIT · Issue No. 144 March 2003 W RIT JOURNAL OF THE LAW SOCIETY OF...