Issue No. 113 May 2000 THE WRIT JOURNAL OF THE OF NORTHERN IRELAND Avoiding Mortgage Fraud Claims

Claims experience arising from alleged (ii) Enquire as to the arrangements for (vii) Where the client fails to service the mortgage fraud has tended to show that funding mortgages or remortgages. Is it mortgage the lenders first call for recovery in almost all cases the has not clear that these can be serviced? will be the Solicitor. been involved in the fraud nor has the (iii) Often less prominent lenders who are (viii) In the more serious claims rarely are solicitor benefited financially other than to keen to lend will operate with fewer one or two properties involved so that a receive fees for the transactions. In cases checks than normal and their lending rate claim is made on each property. coming to the Professional Indemnity is usually higher. Insurers there are some common trends. (ix) The absence of a deposit. are asked to be ‘on guard’ and (iv) Who arranges the valuations? It is (x) The mortgage exceeds the valuation of take heed of the following points:- preferable that they are arranged by the lender and are carried out by established the property. (i) It is worth enquiring from a new client qualified valuers. (xi) An unusual arrangement between in the property field which firm (v) Query cases where valuations of vendor and purchaser whereby the previously handled his work and the properties multiply within periods of vendor remains in the property as a reasons for change and decision to move weeks. tenant. to a new firm i.e. why would a client from Leeds bring his work to a firm in (vi) Know your client - understand his (xii) The vendor pays the purchaser’s Liverpool. financial capabilities and business plans. solicitors costs.

Members of the NIYSA Committee at the Millennium Young Lawyers Four Jurisdictions Conference - Belfast, 24-26 March 2000

Front Row (L-R):- Tracey Diamond, Mary Clare Kelly, Maureen Bell, Nessa Agnew, Catherine Calvert Back Row (L-R):- Paddy Oliver, Jonathon Hewitt (Chairman), Martin Hart, Darren Duncan Andy Small is also a Committee member but is absent from the photograph. Turn to page 10 for more photographs.

CONTENTS

Societies Joint Brussels Office . . . .p3

Free the law ...... p4

This is War ...... p8 May 2000

2

Temporary closure of Old Townhall Building

The Northern Ireland Court Service has have been made for courts to sit during be located at the Old Townhall Building. informed the Law Society of the the period from Tuesday 29th August to However, as the building will be closed temporary closure of the Old Townhall Friday 1st September in three to the public, arrangements will be made Building for the months of July and courtrooms in the Royal Courts of Justice to enable County Court Documents to be August of this year. - The Court of Appeal, Queens Bench 2 stamped in Belfast Magistrates Court and Queens Bench 3, and in Court No 4 Office. Also documents may be Structural changes are to be made to the in Belfast Magistrates Court Building. delivered to the County Court Office by Old Townhall Building to make it The District Judge’s Court will sit in leaving them at the Magistrates Court suitable for its new use as a family Court Court No 6 in Belfast Magistrates Court Office during this period. The office can Centre when the new court complex Building. be contacted by post, telephone at 028 opens in Autumn 2001. It has been 9032 6260, or fax 028 9031 3771. decided that the most effective way for The Old Townhall Building will reopen these structural changes to be made is to on Monday 4th September and the courts The Court Service believes that carrying close the building during court recess will return to normal on that date. out the work during recess periods is necessary to avoid any disruption to the periods. Therefore the building will be The Summer Vacation Court will sit as courts when the new court complex closed to the public and no courts will be necessary in Court No 4 in Belfast comes on stream and they are confident held there during the months of July and Magistrates Court Building to deal with that these arrangements will minimise August this year. urgent proceedings from any County the inconvenience. They regret any Court Division. In addition, dates will The Belfast Recorder’s Court will sit as inconvenience that might be caused to be fixed when adjournment applications normal up to Friday 30th June after practitioners and litigants during this can be made to a Belfast Judge in relation which it will break for the summer period and should appreciate the to Belfast Recorder’s Court Cases. recess. The courts will resume on cooperation of practitioners in making Tuesday 29th August and arrangements The County Court Office will continue to this as painless as possible.

FAX NUMBER FOR USE BY SOLICITORS IN TM MAGHABERRY AlphaLAW With the introduction of the new legal Legal Accounting Systems visits / video-conferencing facilities at Maghaberry, it is now possible to have a dedicated fax number made one of the leading legal accounting & available to members of the legal case management systems, profession. The number of the fax line with circa 2000 installations in the is 028 9261 6082. UK and Ireland. Please note that this number should be used for all fax transmissions from solicitors to the prison regardless of Systems suitable for every size of practice. whether the fax is intended for the Governor or an inmate. Staff in the legal visits / video-conferencing area will ensure that the fax is delivered to the relevant party. Please note that the normal rules regarding confidentiality of legal correspondence cannot be applied if legal representatives choose to communicate with their clients in this way. AM Systems It should also be noted that inmates do Tel: (02890) 738080 not have access to fax facilities and Fax: (02890) 457171 that they may only reply via telephone or letter. May 2000

3

NON-CONTENTIOUS BUSINESS COMMITTEE All Monies Clauses in Residential Mortgage Deeds

The Non-Contentious Business Committee the best interests of the Bank and the Having written to the Northern Bank in of the Law Society has reviewed the solicitor was therefore faced with a clear relation to this matter, the Bank has practices of the four major banks in conflict of interest. In those circumstances indicated to the Society that at some stage Northern Ireland in relation to their the Bank suggested that in order for the in the future it is likely that the All Monies standard mortgage documentation used in Bank then to receive best advice clauses will be discontinued from residential conveyancing. Whereas “All “...... instructions are rescinded by the domestic property. However to date the Monies” clauses are inevitably necessary Bank from the external solicitor and the in- Bank has not informed us of a definite in commercial transactions, the Committee house solicitor’s office acts on the Bank’s date for so doing due to “.....staff training has been concerned about the use of these behalf in connection with the matter...” which is required...” and “.....requirements clauses in residential transactions without for IT amendments...” the borrowers being made fully aware of Where this situation arises the Committee their implications. is of the view that the solicitor’s first duty Pending the promised change of policy by lies with the mortgagor client and Northern Bank the simple rule with The Committee wrote to the four banks accordingly instructions from the regard to that bank’s mortgages should be requesting both a copy of the Standard Northern Bank should be declined at that “Look after the interests of the client and Mortgage Deed used by each in residential point. The Bank should so be informed. let the Bank look after itself!” conveyancing and a statement of their attitude generally to All Monies clauses. Both the Bank of Ireland and Ulster Bank confirmed that they did not use All Monies clauses in their standard The Law Society of England & Wales, The Law Society residential mortgage documentation. of , The Law Society of Northern Ireland Joint After some correspondence with the First Trust Bank it confirmed that these clauses Brussels Office have been withdrawn. The attitude of the Northern Bank has been somewhat different and as members Joining Forces German Federal Bar of the profession are no doubt aware that (Bundesrechtsanwaltskammer) The Law Society of Northern bank still relies on an All Monies clause in which represents the interests of Ireland has joined the combined their residential Mortgage Deed. The some 1,000,000 German lawyers as Brussels lobbying office of the Law well as the interests of the Austrian actual words are “....all sums and Society of England & Wales and the National Bar and the Italian Bar. liabilities of whatever nature now or in the Law Society of Scotland. English Law Society President future due owing or incurred by me/us to The Law Society of England & Robert Sayer said “The three UK the bank in any way whether a loan or Wales established its Brussels Law Societies working together will jointly with anyone else, including Office in November 1990 and was provide a much more effective voice my/our liability as guarantor and even if the first national Law Society/Bar in Europe.” The Office also shares the liability may depend upon events in the EU to have a representative premises with the German Federal which may or may not happen.....” office in the city. In January 1993, Bar, the Austrian Federal Bar, the the Law Society of Scotland joined There is a heavy onus on members of the Italian National Bar and the Trier the Office, and in May 2000 the Law Academy of European Law. profession both to adequately warn Society of Northern Ireland came Mortgagors about the ramifications of on board. The UK Law Societies signing such a clause and to keep are now jointly represented by a adequate records of having fully advised team of three people: the Head of clients on the implications thereof. In EU & WTO Affairs, who is assisted correspondence the Northern Bank have by the Deputy Head, and by the taken the position that if any solicitors Brussels Office Manager. attempted to remove by negotiation the Since June 1996, the Brussels Office All Monies clause from the Bank’s has been sharing premises with the mortgage, then that obviously was not in May 2000

4 Free the law

An exciting new concept in legal • Irish Legislation person responsible for building and information provision is currently being • Irish High Courts Decisions maintaining BAILII says developed in the UK and Ireland. Initially • Irish Competition Authority Decisions ‘If you are going to pass laws which fine codenamed ‘Free the Law’ it is a website people and if ignorance is no excuse then providing free interlinked access to • Irish Information Commissioner’s you need to make sure that [people] can databases of law and legislation from the Decisions actually read what the law says’ British and Irish Courts and Governments. • UK Legislation This service has got off to a very promising So who pays? start since its inception at the beginning of During May it is hoped to add the the year, and usage is now running at following: Initial funding of £100,000 for the pilot 100,000 hits a week. project was obtained by private funding. A • UK Statutory Instruments parallel study is currently being Who is in charge? • Scottish Legislation undertaken by the UK Steering Group to • Scottish Statutory Instruments determine the method of meeting recurring The project is being co-ordinated by the outlay. The most likely means is by way of • Irish Statutory Instruments British and Irish Legal Information unobtrusive on-site sponsorship. Institute (BAILII). This is an independent body with steering committees in the UK What about Northern Ireland? BAILII is a site developed by those in legal and Ireland which has secured co- Legislation information provision for those with legal operation from judiciary at the highest information needs. It is independent, non- level. The project will emulate the It is arguable that lawyers in Northern commercial and has integrity. The House successful Australian (AUSTLII) model Ireland may benefit most from BAILII. of Lords decision of Dimond v Lovell was which provides access to all cases and There is a lack of bibliographical research posted to the site as soon as it was handed statutes from all courts and legislators in tools making legislative research down. Above all it is free - try it and see each of the 9 Australian jurisdictions. cumbersome and time consuming. For the first time Irish (Northern Ireland since Heather Semple Where is it found? 1921) Statutes Revised are available Librarian http://www.bailii.org electronically from 1495 - 1982. Ideally this http://austlii.edu.au would be brought up to date to add value to the database. What is on it now? Caselaw To quote the BAILII website Republic A digital feed has been established between ‘BAILII includes all freely available UK the Northern Ireland Court Service and and Irish data which is available on the BAILII. Currently all judgements approved of Ireland web as well as much data which is not for reporting since September 1999 from otherwise available’ the High Court and Court of Appeal are Agents The system contains around one gigabyte available. The database was last updated of legal materials and well over 100,000 on 13th May 2000 and holds 21 High Court searchable documents with about 2.5 decisions and 10 Court of Appeal decisions. We are willing to act as agents million hypertext links. BAILII is It is intended that unreported decisions in most legal matters. continually expanding, and at the time of will be available when the web site of the writing included the following databases Court Service goes live towards the end of Our offices are close to Courts, from the 5 jurisdictions of UK and Ireland the year. Government Buildings and Commercial Centre. • UK House of Lords Decisions Links • UK Employment Appeal Tribunal A useful feature of the BAILII website is Fee splitting by arrangement. Decisions the comprehensive list of links to local Hughes & Liddy • UK Social Security and Child Support organisations and documents, making it Commissioners’ Decisions an excellent initial access point for a Solicitors • Court of Appeal of England and Wales variety of legal needs. 2 Upper Fitzwilliam Street Decisions Are there any hidden costs? Dublin 2 • High Court of England and Wales Decisions BAILII is and will remain free to the end • Scottish Court of Sessions Decisions user, apart from the usual online Tel: (00 3531) 6766763 or (00 3531) 6789701 • Scottish High Court Decisions connection fees. The driving force behind the project is the concept of making legal Fax: (00 3531) 6766702 • Scottish Court Decisions materials free indiscriminately. As Andrew • Irish Supreme Court Decisions Mowbray, the Co-Director of AUSTLII and May 2000

5

Association of Family Solicitors for Children

The Association of Family Solicitors for Mr Desmond Perry, Resident Magistrate, 29th June 2000. Members and associate Children was inaugurated at a meeting at was made an Honorary Member of the members are encouraged to attend. Law Society House on 10th May 2000. Association at the invitation of the Please contact any of the above named The Members of the Association elected Management Committee. Committee Members on or before 21st the following Solicitors as Officers of the The purpose of the Association is to June 2000 with any suggestions or queries Management Committee of the promote the interests of children and you may have which you would like the Association:- young persons within the legal system Association to consider at the forthcoming Chair and to be a pressure group to lobby in meeting. favour of establishing properly funded If you are interested in becoming a Karen Fox legal mechanisms to ensure all children Member of the Association, please return Bogue & McNulty, Solicitors and young persons have access to justice. the form below, completed, together with 3 Carlisle Circus The Association would welcome the views cheque made payable to the Association of Belfast BT14 6AT of the profession. Family Solicitors for Children, to Clare Vice Chair A meeting of the Association will take Doherty, McCann & McCann Solicitors, 10 Judith Brown place at Law Society House at 5.00pm on Royal Avenue, Belfast, BT1 1DB. Alan M Brown, Solicitors 288 Newtownards Road Belfast BT4 1HF Treasurer Association of Family Solicitors for Children Eileen Ewing Membership Form Holmes & Moffitt, Solicitors 289 Shankill Road Belfast BT13 1FT I enclose cheque for £25.00, made payable to the Association of Family Solicitors Secretary Clare Doherty for Children McCann & McCann, Solicitors Name 10 Royal Avenue Belfast BT1 1DB Address The following Solicitors were elected as Members of the Management Committee:- Tel No (work) Jacinta McCullough McCullough & Co, Solicitors Unit 4, 734 Upper Newtownards Road Belfast BT16 1RJ Niall Small Small & Marken, Solicitors OUT NOW 31 Church Street Antrim BT41 4BE Tara Caul Northern Ireland Medical Directory 2000 Children’s Law Centre 3rd Floor, Philip House The complete medical directory for the legal profession. Expert witnesses, trusts, 123-137 York Street boards, new telephone numbers ect. Belfast BT7 1AB Fiona Holmes To order send £25 per copy to Madison Avenue Publications, 81 Balmoral Avenue, John Ross & Son, Solicitors Belfast BT9 6NY. 30 Frances Street Newtownards BT23 7DN Denis Humphrey Denis D Humphrey, Solicitor 10 Donaghadee Road Bangor BT20 5RU May 2000

6

…Land Registers of Northern Ireland online

landweb direct is an exciting new service, available over the internet, that will help solicitors to streamline their business with the Land Registers of Northern Ireland.

Available now landweb direct can be found on the website www.lrni.gov.uk.

Initially landweb direct will allow the following:

• View, edit, print or download Precedents; • Download Land Registers forms for completion electronically or edit directly into Word from the Browser; • View the comprehensive library of guidance and information – including guidance on preparing applications for Compulsory First Registration; • An automatic fees calculator (to be made available once the new fees order becomes law).

For further information please contact the Customer Information Unit on 028 9025 1515 or [email protected].

www.lrni.gov.uk

Heart Trust Fund (Royal Victoria Hospital) 1st Priority Investigations Local Office: 40 Castlereagh Street Belfast The main object of this established and registered charity is the support and BT5 4NH furtherance of the vitally important treatment, both medical and surgical, provided for patients in the Cardiology Centre in the Royal Victoria Hospital, A 24-Hour Local, National Belfast, and the equally important work of research into heart disease carried on there. and International Confidential Agency The Royal’s splendid record in the fight against heart disease is too well known • Fixed Rates & free sensible to need advertisement, and by an immediate cash gift or a legacy or bequest to advice this charity in your will, you can help directly to reduce the grave toll of suffering • All our staff have ongoing and death from this disease in Northern Ireland. The grim fact is that the training to NVQ standards incidence of coronary artery disease in Northern Ireland is one of the highest in • Agents and offices Worldwide the world. including: Further details about this charity and its work will gladly be supplied by the Belfast, Brighton, Cork, Dublin, Secretary, The Heart Trust Fund (Royal Victoria Hospital) 9b Castle Street, Limerick, London, Waterford, Comber, Co Down, BT23 5DY. Washington DC, USA, Moscow Tel: (028) 9080 6007 Tel: 01247 873899 Fax: (028) 9080 6008 Registered Charity No. XN52409 www.priorityinvestigations.com [email protected] May 2000

7

Review-Lawyers getting the most from the internet

An evening seminar by Legal-Island home whilst linked up to the firm via a areas of interest and even to email legal Friday 31 March 2000 telephone line), which increases flexibility queries directly to the firm. Providing The Stormont Hotel, Belfast and productivity. easy and direct access to something as traditionally intimidating as a law firm is As far as research goes, the Internet Is your business WWW or ZZZ? in everybody’s interest. provides a vast source of information It is impossible to drive along the available at any time, easily accessed and Some words of caution are necessary, Sydenham Bypass without seeing NTL’s easily stored in the computer. Whether however: this new technology must be ingenious slogan, yet until now the Legal using a familiar website-the House of used wisely. For instance, Internet users Profession in Northern Ireland has tended Lords website carries all the latest should be aware that hackers can to be more on the zzz side of the Internet judgements (http://www.parliament.the- jeopardise the security of email, and firms spectrum. The aim of this seminar, hosted stationery-office.co.uk/pa/) or pooling seeking to introduce the Internet into the by Legal-Island, was to enable lawyers in resources on a particular topic with workplace should draw up and Northern Ireland to keep up to date with, millions of other people in a Newsgroup, implement a suitable Internet use policy and exploit the opportunities the Internet the Internet will revolutionise the way to ward against misuse and potential affords. The following is a precis of the lawyers do their research. litigation. material expertly presented at the The business world depends increasingly It is not possible in such a short compass seminar by Barry Phillips and David on the Internet for advertising, and even to do justice to this informative, Smith. for interacting with their customers. This interesting and above all extremely useful At its most basic, the Internet is a time- concept is easily transferable to law firms. seminar. For that reason, I suggest that and-labour saving office tool. It enables Judicious advertising of a firm’s legal those of you who wish to explore further solicitors, barristers and clients to specialisms at an appropriate site would the usefulness of the Internet visit Legal- communicate cheaply and quickly via clearly be of great benefit. Moreover, a Island’s website (http://www.legal- email. Efaxes extend this concept: it is website devoted to the firm would allow island.com) where you will be introduced possible to send and receive faxes more the increasing number of people in in more detail to the potential of the efficiently via the Internet than via the Northern Ireland with Internet access Internet for the Legal Profession in traditional fax-machine. There is also the (78,000 households or 13% of the Northern Ireland. possibility of "teleworking" (working at population) to browse through the firm’s Rachel Hutton BL

The Law Society of Northern Ireland/NIGALA Liaison Group

The Family Law Committee has set up the Law Society of Northern Ireland/NIGALA Liaison Group to consider matters relating to the working relationship between Guardians Ad Litem and Panel Solicitors and associated issues. The Group’s first task is the development of a protocol. The Society has nominated the following solicitors to be its representatives on the Liaison Group:

Nigel Broderick, Karen Fox, Niall Small, John J Rice & Co, Bogue & McNulty, Small & Marken, 39 Movilla Street, 3 Carlisle Circus, 31 Church Street, Newtownards, Belfast, Antrim, Tel: 028 9182 2323 Tel: 028 9035 1502 Tel: 028 9446 8000

Please contact one of the above by Friday 23rd June 2000 with any suggestions or queries that you may have which you would like the Group to consider. The Group is particularly keen to receive views on the expectations of solicitors for the working relationship with Guardians Ad Litem and also on training. May 2000

8 THISTHIS ISIS WARWAR

(But the Winner is the National Meningitis Trust)

Sue Bryson was the referee when Terry asked “Does it mean Athlete Drug guess at the respective finishing times of McAllister of McAllister Keenan (Larne) Rehabilitation?” Sue gently explained to Terry and Peter. and Peter Jack of R.G. Connell & Son the two punch drunk sparring partners, with the closest guess will (Limivady) challenged each other to the that it’s the method of settling disputes win a bottle of the finest champagne that title of Northern Irelands fittest, if not without losing face and getting bad the far from gallant loser can afford. craziest, athlete. The gauntlet was publicity. The Society has a Dispute Please send all cheques to the National thrown down as they will both be Resolution Service. Meningitis Trust c/o/ McAllister Keenan participating in the Ireman on 29th July Both of them said they would try a drop or R.G. Connell & Son. at Benone beach near Limivady, when of ADR - but only after they had slugged they will swim 2.4 miles, then cycle 112 Meanwhile both loonies, sorry lawyers, it out at Benone at the end of July. miles, then run 26.2 miles. asked Sue if she could perform a Don Both athletes (who have recently had the King type role, but she replied that she “I’m fed up to the back teeth with R.G. necessary lobotomy to ensure that they would only be happy to referee any Connell & Son” growled pugnacious have no mental impediment for the Big pugilistic bout - provided that the McAllister, the feeling was mutual as Day), are so confident of their own competents both agreed to accept the Peter Jack snarled “I have had it up to success, they have bet that the loser will arbitrator’s decision as final and here with McAllister Keenan, lets have pay £50.00 to the National Meningitis binding. Otherwise she’s keeping the an 140 mile race and let the best lunatic, Trust. They are encouraging all lawyers, bike! sorry Triathlete win!” (whether they are boxers or triathletes or Sue Bryson had to keep the gladiators neither) to pledge a similar amount to apart as they posed in Law Society this particular Charity while having a Peter Jack House. Terry has done Ironman Distance before in Wolverhampton last August, Peter has done two - Almare in Holland in 1990 and Wolverhampton in 1998.

The two firms are laying money on their own particular front runner to be still standing when the opponent is defeated by up to 17 hours of continous racing which starts at 6.15 a.m. The race also hosts the Home Nations Long Distance Championships between Ireland, England, Scotland and Wales. Much more important however, will be the personal Grudge Match, which puts Evander Holyfield -v- Mike Tyson into the shade. While neither is threatening to bite the other’s ear off, no stone will be unturned in their quest for supremacy.

Sue however, as usual had a bright idea and has suggested ADR as a possible method of settling this fierce internecting Referee Sue Bryson, Deputy Secretary of the Law Society between ‘Gladiators’ Peter Jack (r) and feud. “What’s ADR?” our intrepid duo Terry McAllister (l). May 2000

9 WEBWEB WATCHWATCH

downloaded file content. A first page on a Garrett’s first page web site 10k in size will take 2 seconds to (www.edgsolicitors.co.uk) could be ahead download, 40k 8 seconds and so on. of them all at just 1k if the photograph of According to Nielson, any page taking the Waterfront Hall is disregarded. longer than 10 seconds to download will lose a significant numbers of Many of the above companies have visitors as impatient surfers chosen to adopt a .co.uk finish to their decide to move on to sites which deliver web address indicating their presence in "Usability" – it’s a clumsy sounding word more quickly. the . Of course, they are but the latest to become the guiding also in the European Union and may now principle for web site design. Its greatest A glance at the sites listed on Legal- register for a .eu finish to their web exponent is Dr. Jakob Nielsen Island’s page for law firms in Northern address. This is likely to be available (www.useit.com) who made his name at Ireland with a web presence (www.legal- shortly. Visitors to www.idr.co.uk can sign Sun Microsystems and regularly audits island.com/nisols.htm) suggests that a up for a name in the hope that it’s still many of the top sites for usability rating. good many of them would actually pass free. The frenzy for dot com addresses it For him, sites must be easy to navigate Nielsen’s speed test. One of the fastest seems might be heading in a new and read and most importantly, quick to belongs to Patterson Donnelly Solicitors direction. download. He observes that most Net (www.pds-solicitors.co.uk) . Their page users work through a regular modem weighs in at just 5k. The new site from the operating at a speed of no more than 56 Law Society NI (www.lawsoc-ni.org) bits per second (bps). This is roughly delivers well at just 8k in size (not equivalent to 5k bytes per second of counting picture gifs) while Elliot Duffy [email protected] May 2000

10

Were you there.... ?

Photographs taken at the Millennium Young Lawyers Four Jurisdictions Conference – Belfast, 24-26 March 2000

Notice of AGM/Nominations for NIYSA Committee 2000-01

Please note that the Annual General Meeting of the NIYSA will take place on Thursday 6 July 2000 at 5.30pm at Law Society House. The deadline for nominations is Thursday 15 June 2000 and any such nominations should be sent to the following address:-

Nessa Agnew Secretary, NIYSA C/o NIHE Legal Department 2 Adelaide Street Belfast BT2 8PB

NOTE: All solicitors under the age of 35 are members of the NIYSA and are eligible to nominate committee members, stand as committee members and attend the AGM.

Three of this year’s committee are stepping down and nominations for the new committee will be most welcome. May 2000

11

through international media for extra resources to run the European Court of REPUBLIC OF IRELAND Justice in the light of its sharply growing AGENTS caseload. From 130 cases being lodged in 1980 with the creation of the Court of First Instance by 1999 545 cases were THE EUROPEAN LAWYER lodged before the European Court of Justice and 384 before the Court of First Instance. by Brian Doherty 51/52 Fitzwillian Square, EUROPEAN CONVENTION FOR Dublin 2, Ireland IRELAND Tel: (3531) 6619826 CAUGHT IN THE WEB Fax: (3531) 6614581 DX 188. The Irish Government have decided to The settlement by British Internet E-Mail: [email protected] bring the European Convention into Service Provider (ISP) Demon of a libel domestic Irish law by October, 2 years action over a news group posting Willing to undertake agency sooner than expected, in order to meet at facilitated by Demon has raised work on behalf of an early date a requirement in the Solicitors in Northern Ireland concerns that ISP’s may be forced to Belfast Agreement to consider operate censorship rules to avoid such incorporation. claims in the future. Contact AnneMarie McCrystal LL.B. (Also admitted N.I. 1991) THE WEB: LIABILITY: FREEDOM OF EXPRESSION

Following the settlement by Demon of a libel action a gay magazine ‘Outcast’ which had its Web Site closed by its ISP Netbenefit has indicated it will ask the Solicitor European Court of Human Rights to Case Management Software rule that the UK libel laws breach the right to freedom of expression provided How much of every fee do for by the European Convention. you keep as profit?

‘SHOOT TO KILL CLAIMS HEARING’ Clients complete histories on screen A diary which prompts you to review files

The European Court of Human Rights Telephone messages logged on screen has now heard a case involving Attach E-mails & incoming post to case files allegations that a ‘shoot to kill’ policy Automatic time recording shows you the operated in Northern Ireland in breach accruing fees on every file of International Human Rights Law. Ltd EUROPEAN COURT HITS CAMPAIGN Belfast, Dublin & Manchester TRAIL Call 028 9033 1404 for Information Pack E-mail: [email protected] www.opsissolicitor.com European Court of Justice Judges have begun to appeal to member states May 2000

12

Association of Women Solicitors (NI)

Equal Opportunities Commission create problems for those women with the profession. caring responsibilities. In addition, the Report: Conclusions findings revealed that men, in both the Finally, focus group participants drew public and private sectors, were more attention to the important issue of The findings of this report indicate the likely to have access to flexible working management structures within the need for the solicitors' profession in arrangements. In spite of the greater profession. A major recommendation was Northern Ireland to urgently address the caring responsibilities carried by women, for the profession as a whole, and the Law lack of equal opportunities for its women less than a third of women in the survey Society in particular, to recognise that there members. The solicitors' profession plays had access to such arrangements. is a problem of poor management practice a major role in sex discrimination work in in some private legal firms in Northern The survey also draws attention to a Northern Ireland. Its members advise Ireland. It was argued that the lack of potential infringement of employment law women and men who bring complaints of managerial expertise, combined with a by some private firms within the sex discrimination to industrial tribunals. failure to comply with some basic aspects profession in Northern Ireland. Under They also provide advice and support to of employment law, has led to many current legislation, new employees have a employers on sex discrimination and equal difficulties in areas such as formal statutory right to obtain a written opportunities issues. It is, therefore, both contracts of employment and maternity statement from their employer, which ironic and unacceptable that some women provision. solicitors face the same lack of clearly stipulates the main terms and opportunities, as do many of the people conditions of their post. In the survey it It is notable that the Law Society in they support. was found that few solicitors employed in Northern Ireland does not have an equal the private sector had a formal contract. The research has shown that there is, opportunities policy. In 1995, the Law indeed, a 'Glass Ceiling' for women As indicated in the findings, the treatment Society for England and Wales adopted a solicitors in Northern Ireland. Women in of some women on maternity-leave was practice rule, which provides that solicitors the profession face similar barriers to problematic, with over a quarter reporting must not discriminate on the grounds of progress as has been found by women in that the impact on their career had been race, sex or sexual orientation in their many other professions, such as nursing substantial. In addition, there was also a relations with clients, staff, solicitors, and teaching (see Morgan et al, 1995). lack of awareness of maternity leave barristers or other persons. (Appendix 1). Evidence obtained from the survey entitlement. It was found that just over In 1998, the Bar Council for Northern indicates that women tend to be in the half of women solicitors employed in Ireland introduced an Equality Code for lower grades and lower pay brackets in the private practice did not even know what the Bar. A similar move by the Law Society profession. The problem is particularly maternity leave conditions they were is long overdue, and would be a first step notable in the private sector. Despite their entitled to from their employer. Many toward promoting change in the years of professional experience and women received only statutory maternity profession. excellent academic qualifications, women pay, while some received no pay during The equal opportunities policy, which has are less likely to become partners in law maternity leave; and over a quarter recently been adopted by the Legal Aid firms than their male counterparts. It was continued to work from home during their Department of the Law Society to cover its found that less than half of women maternity absence. In the private sector, own employees, could inform the solicitors with 10 to 19 years of experience nearly three quarters of those who had development of a profession-wide policy. were partners, compared with 86% of men. taken maternity leave, felt pressured not to In England and Wales, the Law Society The research found that the barriers to take additional unpaid leave. carries out annual research which provides career progression for women solicitors The reports of sexual harassment, information to facilitate the monitoring of cannot be explained by reference to either assignment of stereotypical tasks, and the the position of women within the post-qualification experience, academic perception of discrimination reported by profession. In contrast, no such research achievement or whether women had taken many provide further evidence of a serious has ever been undertaken by the Law maternity leave. problem facing the solicitors' profession. Society of Northern Ireland. Gathering The evidence contained in the survey The lack of female progression in the such information on a regular basis is vital supports the view that the large increase in profession, allied to the absence of family- in order to formulate policies for change. women entering the profession in recent friendly policies, and the dissatisfaction The Law Society should take a proactive years does not appear to have made an expressed by many women respondents, approach and encourage the impact in terms of the promotion of equal suggests that the profession is implementation of an equal opportunities opportunities for women and men; the undervaluing its women members. Focus policy by its members. Putting such a provision of family friendly policies, or group discussions indicated that this has policy into practice, by changing attitudes changing attitudes to women's work. It resulted in a loss to the private sector of in the profession - toward pregnancy and was a notable finding that in private some experienced women solicitors, who family responsibilities, toward sexual practice, part-time solicitors were have either left the profession entirely, or harassment, toward women's role in the concentrated in the lower grades. This is moved from private practice to the public profession, and changing work practices - of some concern because the lack of part- sector. Clearly, the business case for is essential if equality of opportunity is to time and job sharing options at the senior providing suitable conditions of be provided for both women and men level of any management structure may employment should be highlighted within solicitors. May 2000

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The Immigration and Asylum Act 1999

use reasonable force to carry out their In addition to changes in the grounds on duties. which an appeal may be brought, the Act has a number of implications for the Effect on immigration appeals practical operation of appeals. Part 4 of the Act makes a number of Practitioners are likely to find that appeals, changes to the asylum and immigration particularly against refusal of asylum, are appeals process with the aim of putting in likely to come to hearing much more place a "one stop" comprehensive appeal quickly than in the past. As part of the new against refusals in immigration cases. This support package, the government part of the Act is expected to come into undertook to reduce the waiting time for Practitioners may be aware of the public effect in October 2000. Individuals the determination of asylum claims to six debate which surrounded the passage of currently have statutory rights of appeal months from start to finish: four months to the Immigration and Asylum Act through against, for example, refusals of a visa initial decision and two months to Westminster late last year. The Act, which abroad (other than visit visas), refusals of determination of an appeal. Whilst these builds upon and amends earlier legislation leave to enter (in limited circumstances), targets may be regarded with some such as the 1971 Immigration Act, makes a refusals of extensions of stay, refusals of scepticism, there will clearly be number of fundamental changes to the asylum, and deportation. First instance considerable pressure on the IAA to system of immigration control in the appeals in Northern Ireland are operated determine appeals promptly. Legal United Kingdom and to the legal from the Immigration Appellate Authority representatives will find themselves framework for challenging immigration (IAA) offices in Glasgow, and an subject to severe time constraints in decisions. This article summarises the immigration adjudicator travels to Belfast preparing appeals for hearing, particularly main areas affected by the Act and for two to three days each month to hear if expert or medical evidence is required. examines in more detail the implications cases. Where an appeal is dismissed, the Secondly, representatives will now have to for practitioners conducting immigration appellant may apply for leave to appeal on complete a "one-stop" statement setting appeals in Northern Ireland. a point of law to the Immigration Appeal out each of the grounds (such as asylum, General Provisions Tribunal (IAT) in Glasgow. If leave is ECHR, compassionate circumstances) granted, the appellant’s legal upon which the appellant proposes to rely The main changes brought about by the representatives must travel to Glasgow for before the case proceeds to appeal, in order Act are as follows: the appeal hearing. In the event that the that the Home Office may give full Asylum claimants awaiting decisions from IAT dismisses the appeal, a further appeal consideration to each of these, and that the Home Office no longer receive cash on a point of law (with leave) lies to the they may all be considered at one appeal benefits. A new Home Office agency now Court of Appeal in Northern Ireland. hearing. allocates accommodation on a "no-choice" The Act retains the current appeal This article provides an outline only of the basis and support is provided by way of structure, but makes a number of impact of the 1999 Act. Many of its vouchers for essential needs such as food important changes to the ambit of the provisions are as yet unelaborated, and and clothing (in force from 3rd April 2000); statutory appeal rights. The most their full impact will become known only New civil penalties for lorry drivers and important of these are: when the various regulations envisaged by other carriers bringing clandestine the Act (such as the appeals procedure entrants into the UK (already in force); Introduction of a free-standing right of rules) are drafted. The Act contains many appeal on the grounds that the decision Automatic bail hearings before a provisions of undoubted benefit to breaches the ECHR; magistrate for individuals detained under applicants, such as automatic bail hearings immigration legislation after one week and Removal of the right of appeal against and ECHR appeal rights, but also makes a one month and the introduction of a deportation where someone has number of substantive changes which are presumption of bail (likely to be brought overstayed his/her leave to remain, except of less benefit (and in many cases, into force in Spring 2001); where it is claimed that deportation would punitive) to applicants. Whilst the Act may New rules for the contracting and breach the 1951 Refugee Convention or the appear to be of limited relevance to anyone management of immigration detention ECHR; other than specialist legal advisers, it centres (to come into force in Spring 2001); Introduction of a right of appeal against should be noted that the volume of work refusal of a visa to visit a family member; in this area is rapidly increasing, and that A new system for the regulation of practitioners wishing to develop their Abolition of the "White List" of countries immigration advisers. All advisers (other skills in immigration law would be well- designated in asylum cases as offering no than members of professional bodies such advised to take a closer look at this serious risk of persecution; as the Law Society or Bar) must be important piece of legislation. registered with a new Immigration Introduction of a new fine on appellants Services Commissioner unless granted and their representatives when appeals to exemption (due to be implemented in the IAT are judged to have "no merits"; October 2000); Ends appeal rights in asylum cases where New powers for immigration officers to the Home Office judges that the Vicky Tennant enter premises, search and arrest people application was made in order to delay Legal Officer suspected of immigration offences, and to removal from the UK. Law Centre (NI) May 2000

14

Republic Employability of Ireland Assessment in Agents Personal Injury Claims All legal work undertaken on an agency basis A New Service for Belfast Solicitors Association All communications to Litigation Lawyers and Northern Ireland Young clients through instructing Solicitors Association solicitors Consultations in Northern Lecture Ireland if required Friday, 9 June 2000 Law Society House Contact: Seamus Connolly Ann Marie McMullan C.Psychol. Coffee/Sandwiches - 12.30 pm Talk:. 1.00 - S.C. Connolly & Co. Chartered Occupational Psychologist 2.00 pm Solicitors t/a Occupational Psychology Services Crescent Business Centre Bank Building or Arran House 98 Botanic Avenue Belfast BT7 1JR “E-Commerce - A New Challenge Hill Street 35/36 Arran Quay Tel: (028) 9028 0555 Fax: 244808 Newry Dublin 7 E. Mail: [email protected] for Contract Law?” County Down The British Psychological Society Tel: (01693) 65311 Tel:(003531) 8725622 Regulates Fax: (01693) 62096 Fax:(003531) 8725404 Chartered Psychologists (C. Psychol.) Speaker

Jennifer Ebbage - Partner, Cleaver Fulton Rankin

If you would like to attend. Please complete and return the slip below to William Cross, Belfast Solicitors Association c/o 50 Bedford BlueChip Technologies Limited Street, Belfast BT2 7FW. Fee: £10.00 per Committed to Making IT work for you person Digital Dictation and Voice Recognition IT Solutions to Improve your practice efficiency BlueChip Technologies, Ireland’s leading Digital Dictation Centre, can provide the latest in advanced integrated digital solutions BOOKING FORM incorporating Mobile dictation, E-Mail dictation, Office dictation Office and Mobile Voice Recognition I confirm 1 wish to attend the To revolutionise the way you organise your office. Lecture on Friday, 9 June 2000, and To arrange your free demonstration enclose cheque for .£ payable to the Belfast Solicitors Association. Telephone 028 91 275590 or Name Fax 028 91 270043 BlueChip Technologies Ltd provide integrated solutions to meet your Practice needs. Firm BlueChip Technologies Ltd Information Technology Centre 2-4 Balloo Avenue Bangor BT19 7QT. E-mail to [email protected] www.bluechiptechnologies.com May 2000

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A VERY NOVEL INTERNET SERVICE IN DEEDS. Land Registers Northern Ireland, in conjunction with Syntegra - BT’s systems integration business - now offer a new Internet service to solicitors. LandWeb Direct will enable you to work online - submit applications, request and carry out searches, request documents and even prepare deed maps electronically. It will mean faster processing times, more flexible working and even give you online guidance. If you’ve got an Internet ready PC, register now and make LandWeb Direct work for you. And even if you’re not already online, you can talk to BT about an Internet solution best suited to your needs. Either way, call us today. Freefone 0800 800 800. May 2000

16 Debt Collection Practices

The Society has been advised of a formal Consumer Credit Act, and therefore the Malicious Communications Act 1900 Note issued by the Office of Fair Trading relevant to the question of fitness to hold provides for an offence in respect of earlier this year. The full text of the Note a licence. That applies whether the sending letters which convey a threat or is reproduced below. practice is unlawful or not. Under false information with intent to cause section 25(2), the fitness of a licensee can distress or anxiety. 1. The Office of Fair Trading has be brought into question by the actions received complaints regarding so-called of any of its employees, agents or 8. A document may be in breach of the ‘look alike’ letters, and debt collection associates, and section 25(3) defines County Courts Act and/or the charges. The purpose of this note is to ‘associate’ for these purposes as Administration of Justice Act even if it outline the Director General’s views on including a business associate. does not exactly resemble a court such practices, in relation to his summons or other official document. licensing responsibilities under the 5 Section 136 of the County Courts Act Firms must take care to ensure that their Consumer Credit Act 1974. makes it an offence to deliver or cause to documents do not, by reason of their be delivered to any person any form or contents or both, appear to have ‘Look Alike’ Letters document which was not issued under been issued by or under the authority of the authority of a county court but a court or other official body. They must 2. These are documents issued by or on which, by reason of its form or contents also take care to ensure the accuracy of behalf of a creditor or debt collection or both, has the appearance of having all statements contained in letters and agency which resemble a court been issued under such an authority. other documents to consumers. All such summons or other official document, or Section 135 of the Act makes it an statements must be capable of being are intended to lead the debtor to offence to deliver or cause to be substantiated in the event of a believe that +they come from or have the delivered to any person any paper complaint. Documents must not authority of a court. Ale Office has also falsely purporting to be a copy of any mislead as to the nature of the processes received complaints regarding summons or other process of a county involved or the likelihood of legal documents which it is alleged contain court, knowing it to be false, or to act or proceedings. false or misleading information profess to act under any false colour or intended to coerce the debtor into pretence of the process or authority of a 9. If a firm is in any doubt as to whether paying. county court. the issue of a letter or other document would be likely to breach any of the 3. The Office wishes to remind 6. Section 40(1)(d) of the Administration above provisions, or to be regarded by creditors and debt collection agencies of Justice Act provides that a person the Office as an unfair business practice, that the issue of such documents may commits an offence if, with the object of they should consider taking legal advice constitute a criminal offence under the coercing another person to pay money on the point. Their trade association, or County Courts Act 1984 and/or the claimed as a debt due under a contract, local trading standards department, may Administration of Justice Act 1970. This he utters a document falsely represented also be able to offer advice. would be relevant to questions of fitness by him to have some official character or to hold a licence under the Consumer purporting to have some official Debt Collection Charges Credit Act, whether or not it resulted in character which he knows it has not. prosecution. Section 40(1)(c) provides that he 10. In the Office’s view, there is no commits an offence if, with that object, legal basis for a creditor (or a debt 4. Furthermore, any practice which is he falsely represents himself to be collection agency acting on the creditor’s liable or intended to mislead the debtor authorised in some official capacity to behalf) to claim collection costs from a - whether as to the origin or authority of claim or enforce payment. debtor in the absence of express any document or as to any other contractual provision in the agreement material matter - is likely to be regarded 7. Section 40 of the Administration of between the debtor and the creditor. If by the Office as deceitful or oppressive Justice Act also provides for certain there is no such provision, then or otherwise unfair or improper within other offences in respect of the collection charges cannot be demanded the meaning of section 25(2)(d) of the harassment of debtors, and section 1 of as a debt due under the agreement. If an

Footnote The statutory references above should be read as references to the equivalent of the Northern Ireland provisions. See, in particular, Article 123 of the County Courts (Northern Ireland) Order 1981; Article 42 of the Judgements Enforcement (Northern Ireland) Order 1981; Article 3 of the Malicious Communications (Northern Ireland) Order 1988. May 2000

17

agency claims an entitlement to recover charges pursuant to a separate agreement with the debtor, there must be a binding contact to this effect, with legal consideration (le benefit) provided to the debtor. A letter served on the debtor merely informing him that he is liable to pay certain charges is not in the Office’s view such an agreement, regardless of whether it is signed by the debtor.

11. The above applies to all credit agreements, whether regulated or not, although for regulated consumer credit Promoting social justice through agreements there is an additional reason why costs might not be recoverable. The providing high quality legal services Consumer Credit (Agreements) Regulations 1983 require inclusion in the credit agreement of an indication of any Law Centre (NI) has a vacancy in its immigration advice team. The part-time post charges payable on default. If this is not will entail providing immigration legal advice and, on occasion, representation included, the agreement is not properly before the immigration adjudicator, special adjudicator or immigration appeal executed, and so will not be enforceable tribunal. against the debtor without a court order. Immigration Legal Adviser (ILA 1/00) 12. It is the responsibility of creditors (21 hours per week) and debt collection agencies to ensure that they do not recover collection We require a legal adviser with at least two years experience of providing charges in the absence of an express immigration advice. Experience of representation before an adjudicator, special contractual provision entitling them to adjudicator or immigration appeal tribunal and professional qualification as a do so. Furthermore, debtors should not solicitor or barrister are all advantageous. be led or allowed to believe that they are legally liable to pay such charges where this is not the case. Failure to act in accordance with these principles is likely Salary: £20,967 - £23,913 (pro rata) - if legally qualified to be regarded by the Office as an unfair (NJC points 32 – 37) or improper business practice within section 25(2)(d) of the Consumer Credit £19,101 - £22,194 – if legally qualified - if not legally qualified Act and thus relevant to the issue of (NJC points 29 – 34) fitness to hold a consumer credit licence. Interview: Friday 30 June 2000 13. If there is any ambiguity in the debtor- creditor agreement as to whether it covers a particular charge, or as to the permitted amount of the charge, the Office considers Attractive terms and conditions apply to the post including a pension scheme. that this should be resolved in favour of For an application form and further information, write quoting job reference, to: the debtor as this is the approach likely to be adopted by a court in construing the Chairperson, agreement. Furthermore, even if Law Centre (NI), collection charges are provided for in the 124 Donegall Street, credit agreement, where charges are Belfast levied which are of an unreasonable BT1 2GY amount and/or are disproportionate to the main debt, this too may be regarded Closing date for applications: Friday 23 June 2000 at 1.00 pm by the Office as an unfair or improper business practice within section 25(2)(d) of the Consumer Credit Act. If firms are The Law Centre is striving towards equal opportunities and welcomes in any doubt they should consider taking applications from all sections of the community. legal advice. May 2000

18

Missing Wills Missing Land Certificates

Re: Dr Sarah Maxine Cosbey Fraser late LAND REGISTRY of Apartment 2, Glenbank, Seacourt Folio no. 27093 County Down Lane, Princetown Road, Bangor, County Down. Registered Owner- ROWAN JENNINGS

LANDS AT RATHFRILAND ROAD Would any Solicitor holding a will made HILLTOWN COUNTY DOWN by the above named Deceased, or any other relevant documents, please TAKE NOTICE that any person having telephone to Cleaver Fulton Rankin custody of or information as to the Solicitors, 50 Bedford Street, Belfast whereabouts of the land Certificate Tel: 028 9024 3141 JPH/CM/10648/11 relating to the above mentioned folio should forthwith produce the said certificate or communicate such information to the undermentioned Re: Mary T Campbell, Deceased Solicitors. (otherwise Maura Campbell), late of 14 AND FURTHER TAKE NOTICE that Bryansburn Road, Bangor, Co Down. unless the said Land Certificate is so Would any Solicitor having knowledge of produced or adequate information as to its the whereabout of a Will of the above whereabouts is so communicated within named deceased who died on 21st April three weeks of publication of this notice, a 2000, please contact Mr Paul McEvoy, duplicate Land Certificate may be applied Solicitor, Messrs Murphy Kerr & Co, 1 for. Fitzwilliam Avenue, Ormeau Road, Belfast, Tel: 028 90 491146. ADRIAN TRAVERS Michael Gillen BA Solicitors 3 Old Kenlis Street Robert Walsh & Co Banbridge Re: Connolly, John Charles, deceased late BT32 3BD Solicitors of Mullaghconnolly, Roslea, Co Commissioner for Oaths Fermanagh and 75 Woodview Heights, 2 Herbert Street, Dublin 2 Lucan, Dublin. Would any person who is aware of a will made by the above named deceased, who died on 12/2/00, please LAND REGISTRY PERSONAL INJURY Folio No. 3255 County Armagh contact Murnaghan & Fee Solicitors, 37 Registered Owner – ANDREW NEWELL Townhall Street, Enniskillen, Co SPECIALISTS Lands of AGHORY Fermanagh, Tel: 028 66 322819 or We are willing to act as agents in TAKE NOTICE that any person having Fax. 028 66 323073. custody of or information as to the ALL LEGAL MATTERS. whereabouts of the Land Certificate Consultations in Northern Ireland relating to the above mentioned Folio should forthwith produce said Certificate when required Re: Edward Richardson Cowan late of or communicate such information to the Client confidentiality assured. undermentioned Solicitors. Laganvale Nursing Home, 37 Laganvale AND TAKE FURTHER NOTICE that Mews, Moira, and formerly of 15 Fee splitting in all cases unless the said Land Certificate is so Hillcourt, Hill Street, Lurgan, 41B Lime CONVEYANCING produced or adequate information as to its Grove, Lurgan, 30 Spelga Park, Lurgan, whereabouts is so communicated within FINANCE ARRANGED and 49 Anagh Coar Road, Douglas, Isle of three weeks of publication of this notice, a AT LOW RATES Man. Date of Death: 9th April 2000. duplicate Land Certificate may be applied for. Please contact: Would any person having knowledge of Robert Walsh B.A. LL.B. at 2 Herbert Street, Dublin 2 the whereabouts of a Will of the above Fisher & Fisher to discuss your case named deceased please contact Watson & Solicitors Neill Solicitors of 23 High Street, Lurgan, 9 John Mitchel Place Tel: 00 3531 6612823/6762106 Fax: 00 3531 6612045 Craigavon, County Armagh, BT66 8AQ. Newry Tel: 028 3832 5111. County Down BT34 2BS May 2000

19

Solicitors required

OPPORTUNITY FOR SOLICITORS - LENNON TONER O’NEILL EXPANDING REGIONAL PRACTICE As a result of continuing growth, we have Assistant Solicitor a vacancy for a solicitor in our litigation Due to continuing expansion, an excellent department. Required for busy general practice. opportunity exists for additional qualified Ideally candidates should have at least 3 Would suit someone with 2 years P.Q.E. solicitors to join our growing Craigavon years p.q.e. They should have excellent based firm. Our firm, which is an equal motivation and exceptional interpersonal Salary £20,000 - £25,000 commensurate opportunity employer, has developed an skills. with experience and fees generated. enviable reputation for client service The successful candidate will join an throughout the province. Applicants, who ambitious and long established firm with Applications in writing with CV in should possess effective interpersonal further growth potential. An attractive confidence to:- skills, must be prepared to work in a team financial package will be available to the environment. Experience in Litigation successful applicant. Patrick Diamond & Co Solicitors and/or Conveyancing would be an added Applicants preferring part-time work 29 New Street advantage. considered. Randalstown Application, including detailed C.V. to: For our part we offer a career opportunity Co. Antrim to join a dynamic regional firm with an BT41 3AF C.E. Corrigan attractive remuneration and benefits Managing Partner Tel: 028 9447 9696 package. Lennon Toner OíNeill NB. only those applicants who appear Applications, together with a full CV, 54 English Street should be sent in the first instance to Armagh suitable will be called for interview. Quintus Management Advisers, 7th Floor, BT61 7DU Chamber of Commerce House, 22 Great Applications by 9th June 2000. Victoria Street, Belfast, BT2 7BJ. To obtain an application form please telephone: (028) 9031 1477. The closing date for receipt of applications will be 4pm on ASSISTANT SOLICITOR required in PRACTICE FOR SALE Friday 14 July 2000. All applications will Private Client/Banking Department, be treated in confidence. Conveyancing experience essential. Belfast Suburbs, reasonable outgoings Salary negotiable. Apply in writing Leasehold premises enclosing full C.V. to:- Expanding turnover 70% Private, 30% Legal Aid, The Staff Partner comprising - conveyancing, civil Carson & McDowell litigation - matrimonial - probate NEWLY QUALIFIED SOLICITOR OR Murray House Circ 400 files PARTIALLY QUALIFIED SEEKING 4-5 Murray Street Principal retiring MASTER REQUIRED FOR BUSY BELFAST Apply to: BT1 6DN EXPANDING PROVINCIAL PRACTICE R.J.G. Burnside FCA FPC The ideal candidate should be self Burnside Financial Services motivated, have good communication 19 Hilton Park skills, preferably computer literate and Portglenone have the ability to work well with others. Co Antrim LOCUM SOLICITOR required to cover BT44 8HH Good salary and opportunities for career maternity leave from September 2000 until advancement. March 2001. Litigation experience 028 25 820081 essential. Full time or part time Applicants should apply in writing (minimum 25 hours per week) considered. enclosing full CV to: Salary and working hours negotiable. PRACTICE FOR SALE The Monitoring Office Applications in writing to Russells the Solicitors Peter M Thompson, Long-established Omagh based 11 Lower Mary Street Thompson Mitchell Solicitors, general practice with an emphasis on Newtownards 12-14 Mandeville Street, BT23 4JJ conveyancing and probate. Apply Portadown, Box No 81, Citigate NI, Citigate Co Armagh, Telephone No. 028 9181 4444 House, 157-159 High Street, BT62 3NZ, Holywood BT18 9HU Closing date for applications Friday 30th Tel. 028 38 337172, June 2000. e-mail. [email protected] May 2000

20

New Books in the Library

1. Rubenstein: Discrimination; a guide to the recent case law on race and sex discrimination and equal pay. 13th ed. Eclipse Group. 2000

2. Rubenstein: Unfair dismissal; a SELECT SITES guide to relevant case law. 18th ed. Eclipse. 2000

HUMAN RIGHTS 3. Criminal Justice Review Group: Review of the criminal justice system in Northern Ireland. 1) Human Rights Act 1998 The Stationery Office. 2000 http://www.hmso.gov.uk/acts/acts1998/19980042.htm Full text of this act, which applies in Northern Ireland, may be found on Her Majesty's Stationery Office web pages. The act appears as originally passed by the UK parliament.

2) European Convention on Human Rights LIBRARY CLOSURE http://www.coe.fr/eng/legaltxt/5e.htm Complete text of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4th November 1950. The text Please note that the Library of the Convention has been amended by the various succeeding Protocols. will be closed from

3) European Court of Human Rights Monday 10 July to http://www.echr.coe.int/ Friday 21 July This site, which may be searched in English or French, contains some useful information on the composition and historical background of the 2000 inclusive. European Court of Human Rights. There are links to pending cases, basic texts, press releases, and full texts of Court judgments and decisions. This site, while valuable, can be incredibly slow, at certain times of the day.

4) Committee on the Administration of Justice (CAJ) LIBRARY FAX NUMBER http://ourworld.compuserve.com/homepages/comm_Admin_Justice/ This up to date site includes press releases, the CAJ newsletter, recent key The Law Society Library now has a documents and the annual report. It also explains the work of the CAJ and lists membership details. DIRECT FAX NUMBER

5) NI Human Rights Commission http://www.nihrc.org/ 028 9031 1323 This site includes all press releases, speeches, articles and submissions by the Commission. It also has a section on selected acts which include, the Human Rights Act, Emergency Provisions Act and also the Bill of Rights. Copy Deadline for June 6) Universal Declaration of Human Rights http://www.un.org/Overview/rights.html Friday 9th June 2000 This site contains full text of the declaration.

These site addresses are correct at time of publication. Published by the Law Society of Northern Ireland 98 Victoria St. Belfast, BT1 3GN Editor John Bailie The views expressed are not Law Society Library Email: necessarily those of the Law Society [email protected] of Northern Ireland

Produced for the Law Society of Northern Ireland by Citigate Northern Ireland, Holywood. Printed by Stephen Eastwood Printing Ltd.