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theWrit J OURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND I SSUE 169 NOVEMBER/DECEMBER 2005

Looking to the Future The new Law Society President 2 3 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

News in Brief Rory McShane - Law Society President 2005/2006

NEW LABOUR RELATIONS The report is published by the Central WOMEN ARE BETTER and 15 support staff and he himself was served on a number of Society AGENCY GUIDANCE Appointments Unit of the Office of the ORGANISED THAN MEN admitted as a solicitor in the Republic of Committees to include General Purposes First Minister and Deputy First Minister. Ireland in June 1992. & Finance, Professional Indemnity & Risk The Labour Relations Agency (LRA) A new survey for Driver Vehicle Licensing It is available on the internet at www. Management and Policy Co-ordinating. has published on its website sample Northern Ireland has found women are ofmdfmni.gov.uk/public-appointments When asked how he had managed to Most recently he has been Chair of the letters and six easy to follow flow charts better organised than men. establish himself almost as soon as he Client Complaints Committee. to guide employers and employees had qualified, he said that he did have through the disciplinary and grievance The DVLNI survey asked if motorists were TAX INVESTIGATIONS the advantage of being well known He has also rendered public service in process contained in the LRA’s Code aware of the new registration document through being to the forefront of the civil Northern Ireland through his membership of Practice on disciplinary and HMRC has issued a new Code of and how people look after such important rights movement. At the time, many of of the Sports Council for Northern grievance procedures. Practice dealing with civil investigations papers. The new V5C registration his contemporaries thought he was well Ireland and the Consumer Council. In into cases of suspected serious document replaced the old green positioned for a political career. Being 2002 he served as President of Queen’s To download go to www.lra.org.uk fraud. The terms of this new Code are registration book in July 2005. known was undoubtedly of assistance, University Graduates Association. He and go to “Publications” and click on significantly different from the old one. Results confirm what women have always but it is also clear that in setting up his has also served on the Law Reform “Discipline and Grievance.....” claimed: that they are better at filing firm, he put sound business principles at Advisory Committee for Northern Ireland. The new arrangements apply in all important household papers and are the heart of his business activity. such investigations starting after 1st more likely to take on the responsibility Rory is a great sports fan. His leisure PRISONER VOTING BAN September 2005. The new Code has for this themselves rather than relying on Rory sought out markets for his services, activities include golf – he plays off 12. BREACHES ECHR been prompted partly by the merger their partner to do this for them. Rory McShane avidly reading the newspapers for leads He is a past captain of Warrenpoint Golf of the Inland Revenue and Customs & Law Society President 2005/2006 The European Court of Human Rights and ideas. “I was lucky,” he reflected. Club, Captain of his Club’s All Ireland Excise into HMRC. The V5C document is vital because it has ruled that the UK’s automatic “At the time there were few solicitors in winning Senior Cup (1987 and 1990) proves that motorists are the registered restriction on prisoners who wish to vote Rory McShane assumes the presidency A copy of the Code can be found at: keeper of their vehicles. More importantly, in elections is in breach of Protocol 1 of of the Society at a crucial time in its www.hmrc.gov.uk/leaflets/cop9-2005. if they sell the vehicle and if they cannot “To my mind it is absolutely essential for the modern solicitor’s Article 3 of the Convention. history, at the onset of what will be a htm send the document to DVLNI, they will practice to be run along business lines but in a way which considerable period of change for the remain liable for taxing the car. Obtaining a By a majority of 12 to 5, the judges profession in Northern Ireland. Too often upholds highest professional and ethical standards.” replacement copy will cost motorists £19. held that the ban across all prisoners such phrases are trotted out as a clichéd NORTHERN IRELAND ANNUAL “irrespective of the length of their pleasantry to give the new office-bearer Newry doing criminal defence work and and Barton Shield (1987) teams. He ABSTRACT OF STATISTICS 2005 sentence and irrespective of the nature a boost, but in this instance the year also pursuing civil litigation vigorously. I is a fanatical supporter of Manchester PHYSICAL PUNISHMENT or gravity of their offence was general, The 2005 edition of the Northern ahead amply justifies this description. directed myself to those areas.” He has United and also watches Rugby and OF CHILDREN automatic and indiscriminate” and went Ireland Annual Abstract of Statistics The oncoming review of legal services in acted as Solicitor to Newry & Mourne Gaelic football. When Armagh won the against the Convention. has been compiled and produced by Children in Northern Ireland will soon be Northern Ireland by Sir George Bain is District Council for many years. His All Ireland in 2002, joy knew no bounds. the Northern Ireland Statistics and entitled to the same protection under illustration enough. main areas of legal work today are civil “The only sport I play nowadays is The government has accepted that legal Research Agency (NISRA). law as their counterparts in England litigation and commercial property. golf,” he says. “I have been fortunate changes will have to be made to comply The Annual Abstract is a compendium and Wales. Rory McShane was born and brought enough to have played top-class United with the terms of the judgement. publication that brings together a up in South Armagh. He was educated He believes in-service training is very States courses, such as Cypress Point, wide range of recently issued data Following a review of the law on the at Abbey CBS Grammar School, Newry important. His firm was the first in Ireland Pine Valley, Riviera, Pebble Beach from across the public sector. It is the physical punishment of children in the and at Queen’s University Belfast, where to gain ISO accreditation and the first and Brookline where the Ryder Cup ANNUAL REPORT ON PUBLIC only statistical publication to offer this home, the Secretary of State has decided he took an arts degree followed by a to have Lexcel accreditation in Northern took place.” Needless to say he has APPOINTMENTS PUBLISHED detailed overview of the key areas of that Section 58 of the Children Act 2004 post graduate diploma in social studies. Ireland. One of the themes of his year in also played every significant course in regional administration in Northern He qualified as a solicitor in June 1973 The Ninth Annual Report on Public should apply in Northern Ireland. office will be emphasising the importance Scotland and Ireland. Ireland and includes sections focusing having been an apprentice in the Newry Appointments in Northern Ireland of CPD training and adherence to the on health, education, industry and firm of Collins and Collins. has been published. The Report is Section 58, which came into operation professional management of business. Rory is married to Angela, a graduate the environment. in two volumes. Volume 1 provides in England and Wales in January of of Trinity College Dublin and a teacher Rory was able to do something which information on the public appointments this year, updates the law on physical Rory adds, “To my mind it is absolutely by profession. They have three children, The Annual Abstract is available on-line is not now possible – he achieved his process and reports on progress punishment of children by making it essential for the modern solicitor’s Michael aged 22, Aoife aged 20 and at www.nisra.gov.uk practising certificate in June and set up during 2004/2005. Volume 2 lists an offence to hit a child if it results in practice to be run along business lines Fiona aged 16. his own practice in the following month. those individuals who held public lasting harm or marks. This restricts a but in a way which upholds highest McShane and Company, Solicitors, is appointments in Northern Ireland at parent’s defence in law of ‘reasonable professional and ethical standards.” Rory welcomes the opportunity to serve now a well known and well established 31 March 2005 and the bodies on chastisement’ to the charge of as President at a time of change and business with offices in both Newry and which they served. common assault. Rory joined the Council of the Law challenge for the legal profession in Kilkeel. His firm now has seven lawyers Society in 1998. Since then he has Northern Ireland. 4 5 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

New guidance on discussions between judges and Proposed reform of liquor licensing laws advocates as to possible sentence

The Northern Ireland Court of Appeal time as he considers it appropriate 8 If a defendant is given a sentencing The Department for Social Development system for breaches of the legislation are how they will maintain standards in line has recently issued Guidelines dealing to do so. indication and fails to enter a plea of has published proposals for reforming also proposed. with proposed new licensing objectives with the question of how discussions guilty after a reasonable opportunity the law on the sale and supply of between judges and advocates as to 4 The judge should not indicate his to consider his position in the light of alcohol in Northern Ireland by way of More fundamental changes are expected • the removal of the requirement to possible sentence should be conducted view of the maximum possible level the indication, it will cease to have possible changes to the Licensing (NI) to take place following the outcome surrender a licence before a new one in this jurisdiction. of sentence following conviction by effect. In any event where, after the Order 1996 and the Registration of of the Review of Public Administration may be granted. the jury. indication has been given, it is not Clubs (NI) Order 1996. which is due for completion by 2009. In the case of Attorney General’s acted upon before the trial resumes, The Consultation Paper also proposes Reference (No.1 of 2005), the Lord 5 An indication should only be given it will no longer have effect. The proposals recommend changes in These include: simplifying the accounting and auditing Chief Justice, delivering judgement, where there is an agreed factual two stages. The first could take effect requirements for registered clubs. This states that on this issue there should be basis on which the plea of guilty 9 The advocate who appears for the by mid-2007. These include a modest • the transfer of responsibility for granting would lead to the revocation of the consistent practice, “the basic elements is to be made. The judge should defendant is responsible for ensuring extension to opening hours for those and renewing licences from courts to existing financial controls and accounts of which should be unfailingly applied not give an indication on a basis that his client is fully advised on the who wish to apply. This will provide district councils as in England & Wales formats prescribed in the Registration of to all advance indication situations, of hypothetical facts. Where there following issues: (a) he should only for potential opening up to 2am from Clubs (Accounts) Regulations (NI) 1997 whether they arise in the Crown Court has been a dispute on the facts, plead guilty if the plea is voluntary Monday to Saturday, with no change • the introduction of a dual system of and make provision for best practice or the Magistrates’ Courts in any of their the judge should refrain from giving and he is free from any improper to the existing midnight closing time on personal and premises licences to guidance in their place. divisions.” an indication until that dispute is pressure; (b) the Attorney General Sundays. Extensions beyond 2am may replace the existing 12 categories of resolved and an agreed, written will remain entitled to refer an unduly be granted for special circumstances/ licence. This will require applicants for A copy of the Consultation Paper may be Guidelines basis of plea has been furnished. lenient sentence to the Court of major events. Additional enforcement premises’ licences to provide detailed downloaded from www.dsdni.gov.uk If relevant material that might affect Appeal; (c) any indication given by powers for police such as temporary operating plans, describing the type The consultation period runs to 31 “The following rules of practice should the judge’s decision as to the the judge is effective only in relation closure powers and a penalty points of business they want to carry out and January 2006. be observed by all courts where advance indication is outstanding, to the facts as they are then known advance indication of sentence has the judge should postpone giving an and agreed; (d) if a ‘guilty plea’ is been sought: indication until that information has not tendered after a reasonable been obtained. opportunity to consider it, the ADVERTISEMENTS 1 The judge should only give advance indication ceases to have effect. indication of sentence when this has 6 The judge should treat the been requested by the defendant. application for a sentence indication 10 It is the duty of the prosecutor REPUBLIC OF POWER TO FOCUS He should not otherwise offer such as a request to indicate the to ensure that the judge is in ON PROFITABILITY AND GROWTH! an indication but he may, where he maximum sentence to be passed possession of all material necessary IRELAND AGENTS Opsis create a range of software, is satisfied that to do so would not on the defendant if he were to for him to give a properly informed which helps your practice save create pressure on the defendant, plead guilty at the stage that the indication. If there is a dispute as time and money, and enables you remind counsel in open court of the application is made. to the basis on which the proposed to FOCUS on growing your Business defendant’s entitlement to seek an plea is to be made, the prosecutor advance indication of sentence. 7 An indication, once given, will be should make the judge aware of this. binding on the judge who gives it or SOLICITOR CASE MANAGER 2 All applications for advance on another judge who carries out 11 The prosecutor should draw to A dynamic and user-friendly case indication of sentence, if they the sentencing exercise provided the judge’s attention any relevant management system. Fully integrated with do not take place in open court, that there has not been a material guideline cases and, where they MS Word and Outlook to ensure effective document production & diary/task should be conducted in court change in circumstances between exist, any minimum or mandatory 51/52 Fitzwillian Square, management. in an ‘in chambers’ hearing with the time of giving the indication statutory sentencing requirements. Dublin 2, Ireland the defendant and advocates and the time that sentence is to be DX 109010 Fitzwilliam. MILLENNIUM ACCOUNTS for the prosecution and the passed. In this context a material 12 Where an advance indication has An easy to use legal accounting and time defence present. change in circumstances would been given by a judge, he should Tel: (3531) 6445800 recording solution, used by over 600 legal firms, of all sizes, in the UK and Ireland. arise, for example, by the receipt of provide a summary of the application Fax: (3531) 6619912 E-Mail: [email protected] 3 The judge may refuse to give information which alters the basis in his sentencing remarks.” For more information, or to arrange a no-obligation an indication of sentence and on which the indication was given. demonstration, please contact us on 028 9065 3006 should refuse if he considers that Generally, this should not happen The full text of the judgement can be Willing to undertake agency to do so would create pressure (see 6 above). The judge who downloaded free of charge from the work on behalf of on the defendant to plead guilty. gives the indication will also be the Libero database on the members’ Solicitors in Northern Ireland Alternatively, he may postpone the sentencing judge unless exceptional section of the Society’s website: W:opsisltd.com giving of an indication until such circumstances arise. www.lawsoc-ni.org Contact T:028 9065 3006 F:028 9065 3005 Marc Fitzgibbon (Partner) E:[email protected] Studio A, 89 Holywood Road, Belfast BT4 3BD 6 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005

Equity Monitoring Pilot Scheme launched An investmentportfolio service Background researchers in 3 custody suites: Monitoring Process would make provision for the usage The Criminal Justice Review, which • Musgrave Street, Belfast; of interpreters, signers and any flowed from the 1998 Belfast Agreement, specialist audio and text facilities that is as • Strand Road, Londonderry; and highlighted the need for the community required); to have confidence in the criminal justice • Banbridge. individual • those who exhibit disruptive or system, and for that system to treat as you are. unruly behaviour; people fairly and equitably regardless Participation in the scheme is entirely of their background. Within this • those who have been arrested voluntary, and anonymity is guaranteed. under the Terrorism Act 2000 and It is not related to the PSNI interview, The Criminal Justice and should only last between 5 and • those who have been arrested by Review highlighted the 10 minutes. Immigration or Customs Services. Once police interviewing is complete, need for the community Results all eligible detainees will be informed to have confidence in the that they are free to leave the custody An evaluation report on the self classified suite, but invited to take part in an equity criminal justice system data collection pilot will be compiled and monitoring interview. presented to the Criminal Justice Board context, the Review recommended the in Spring 2006. Further consideration will If they agree to take part, they will establishment of a monitoring system, then be given to the implementation of have to sign a declaration stating that which would record any potential the scheme across Northern Ireland. they are aware that this process is differential in the treatment of various entirely voluntary and separate from groups of people as they are processed Further information can be obtained their PSNI interview, and aware all through the system. The Criminal Justice from Mairaid McMahon in the Criminal information will be stored in complete Board, which is comprised of the heads Justice Reform Division of the NIO on confidence. The independent Contact Henry Algeo or senior representatives of the 7 main 028 9052 7562. interviewers will then pose a series of statutory criminal justice agencies, has Address Bell Lawrie, Waterfront Plaza, questions to establish classifications in driven forward this work, developing accordance with particular Section 75 8 Laganbank Road, a pilot system to collect self classified ADVERTISEMENT categories. All data will be collected Belfast, BT1 3LY Section 75 data from eligible defendants and stored anonymously, using unique who come into contact with the system. Tel 028 9044 6000 record identifiers. INJURY CLAIMS IN Fax 028 9044 6001 Aims Eligibility THE UNITED STATES Email [email protected] Kleeman, Abloeser & DiGiovanni, P.C. is The aim of the pilot, which commenced There are a number of categories Web www.bell-lawrie.co.uk a prominent U.S. law firm specialising in on 5th December, is to test the processes of detainees who will be ineligible representing foreign travellers injured in by which self classified data can be for the purposes of the pilot, and the U.S. collected. The actual data collected will therefore not approached for an not be used for monitoring purposes interview. These are: Travel law can involve a complex as the size of the sample would not interaction of U.S., U.K. and international support statistical analysis; rather it is • juveniles; laws that require the expertise of a law firm with our knowledge and expertise. the methodology of self classified data collection which is being tested. All data • those unfit due to alcohol or drug consumption; Contact Michael Kleeman, Esq. will be stored in accordance with data at (international toll free) protection legislation at an independent • those with mental health monitoring unit. 00-800-221-56970 Complete Investment Management difficulties; or by email at [email protected] Group Offices: Aberdeen Belfast Birmingham Bradford Cardiff Cheltenham Dorchester Dumfries Dundee Eastbourne Processes • those with language difficulties Edinburgh Elgin Exeter Glasgow Guernsey Hull Inverness Jersey Leeds Leicester Lincoln Llandudno London (this category is being excluded For more information about Kleeman, Lymington Manchester Marlborough Newcastle Norwich Reigate Scarborough Stoke-on-Trent Taunton Teesside The pilot will be implemented through from the pilot on a cost-benefit Abloeser & DiGiovanni, P.C. visit our interviews conducted by independent basis; any complete Equity website at www.kleemanlawfirm.com Brewin Dolphin Securities Ltd incorporating Bell Lawrie, Hill Osborne and Wise Speke. A member of the London Stock Exchange, authorised and regulated by the Financial Services Authority. Registered office: 5 Giltspur Street, London EC1A 9BD. Registered in England No. 2135876 8 9 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

New telephone ADVERTISEMENT Practising Certificate reminder system at Legal Services By the time you read this you should have Fee for 2006/2007 is £800.00. second or third Practising Certificate received the Application Form (PCR1) to The prescribed Compensation Fund following admission. Commission Legal Opportunities facilitate the renewal of your Practising contribution applicable to the applicant Certificate. The covering letter which is also calculated and shown on the (d) For solicitors in private practice the Brightwater is a leader in the Northern Ireland Recruitment accompanied the PCR1 emphasised the Practising Certificate Application Form Market. Our success has been based upon our level of importance of correct completion and must be accompanied by the correct expertise and professional service. Our specialist Legal timely return of the form to the Society. and original Professional Indemnity The Legal Services Commission You are reminded again that all forms You are Insurance Certificate. It is common is radically updating its phone Division recruits professionals into practice and in-house must be returned not later than 5th reminded again that for the Form to arrive with the Society system to allow callers more roles from Partner to Paralegal level. We guarantee a full January 2006. all forms must be with no Insurance Certificate, with a choice, more flexibility and the confidential service to our candidates, identifying suitable returned not later photocopy of an Insurance Certificate, ability to be directed quickly and career opportunities with genuine prospects. As regards correct completion, please than 5th January or with the wrong Insurance efficiently to the specific group or bear in mind: Certificate. In respect of each solicitor 2006 section they require. a Schedule will have been provided Corporate / Commercial Solicitor £Neg. (a) the responsibility for proper completion by the Society broker (MARSH) The Commission will be issuing Belfast * Min 2 yrs PQE Ref: 8837 and return of the form lies with the which clearly identifies itself in these confirmation of the number changes individual applicant solicitor (i.e. not the PCR1. For 2006/2007 the relevant terms: “(NB: This schedule should via its website (www.nilsc.org. Commercial Property Solicitor £Neg. firm or employer); full-contribution is £950.00 (payable by be forwarded to the Law Society as uk) and a written circular to the solicitors with more than six Practising evidence of insurance)”. profession before Christmas. These Belfast * Preferably English Qualified Ref: 7234 (b) the application must bear the personal Certificates since admission); the changes will be coming into effect on signature of the applicant, and be both half-contribution is £475.00 (payable The Society is appreciative of your the 2nd of January 2006. Locum Matrimonial Solicitor £Neg. signed and dated; by solicitors receiving their fourth, fifth co-operation and attention in all Co. Tyrone * Min 2 yrs PQE Ref: 21235 or sixth Practising Certificate), and a these respects. (c) the application must be accompanied Nil contribution is levied in accordance by the correct remittance. By way of with the relevant statutory provisions J W BAILIE Conveyancing Solicitor £25,000 reminder, the Practising Certificate on solicitors receiving their first, Registrar Co. Tyrone * Min 2 yrs PQE Ref: 21235

General Practice Solicitor £24,000 theWrit Omagh * Min 2 yrs PQE Ref: 24998 CPD reminder General Practice Solicitor £22,000 COPY DEADLINE Newry * Suitable for 1 yr PQE Ref: 23412

FOR JANUARY EDITION As we enter the Christmas party season, exceptions to this, such as those within the Society. Each solicitor should 6 JANUARY 2006 Legal Secretary £16,000 CPD is probably the last thing on most solicitors who will have worked less keep these records for at least the first Belfast * Corporate experience desirable Ref: 7234 people’s minds. However, the CPD year than 200 hours by the end of the year, six months of 2006. is once again coming to an end, and this or those who are retiring before the end Editor: John Bailie. Legal Secretary £14,000 is a reminder for those who have not yet of 2005. Other exemptions are given on Finally, thank you to all those who have completed and sent their Record Card to page 3 of the red CPD Record Card. already sent in their Record Card. Belfast City Centre * Min 2 yrs exp. Ref: 9663 Published by the the Society. Receiving a percentage of the cards The completed Record Cards should be before the holiday period means that Law Society of It is compulsory for every solicitor who sent to the Law Society with all relevant we can begin processing the cards Northern Ireland, For further information on these roles and other currently holds a Practising Certificate sections completed, but we would ask much earlier, and we have had a good 98 Victoria Street, opportunities, please contact Sarah Baird for a response to earlier reminders. confidential discussion on 028 90 325 325 or email This is a reminder for those who have not yet Belfast, BT1 3GN [email protected] ! completed and sent their Record Card to the Society. If you have any queries about CPD, please contact Eleanor McCabe at The views expressed are not to complete 15 hours of CPD and to that you do not include certificates of the Law Society on 028 9023 1614 necessarily those of the Law Society of Northern Ireland. send his or her completed Record attendance at events, as this generates or via e-mail at Card to the Society. There are some a huge amount of paper to be stored [email protected] 51/53 Adelaide Street, Belfast, BT2 8FE Email: [email protected] Tel: 028 90 325 325 Fax: 028 90 890 700 Web: www.brightwaterNI.com 10 11 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Family Proceedings Rules (NI) 2005 SR 2005 No.497 Launch of domestic violence DVD

These rules amend the Family The Gender Recognition Act 2004 Council Regulation (EC) No. A DVD/video on the topic of domestic Proceedings Rules (NI) 1996 (SR1996 provides for transsexual persons 2201/2003 on jurisdiction and the violence produced by North & West No. 322), which apply to proceedings to obtain legal recognition in their recognition and enforcement of Belfast Health & Social Services Trust and in the High Court and County Court, in acquired gender. A person may apply judgments in matrimonial matters co-sponsored by the Law Society, was consequence of the Civil Partnership Act to a Gender Recognition Panel. If and matters of parental responsibility recently launched at Belfast City Hall. 2004, the Gender Recognition Act 2004, the applicant meets the statutory reproduced and repealed Council Council Regulation (EC) No. 2201/2003 criteria and is unmarried, the Panel will Regulation (EC) No. 1347/2000 of 29th Entitled “The Law on Your Side”, the of 27th November 2003 (Brussels issue to him a full gender recognition May extending it to include matters of DVD/video traces the journey of a victim IIa Regulation) and the Law Reform certificate. If he is married, the Panel parental responsibility where there are of domestic violence from the point of (Miscellaneous Provisions) (NI) Order will issue to him an interim gender no matrimonial proceedings. deciding to leave home for a Women’s 2005. recognition certificate. Aid Hostel, through the legal route to The amendments in consequence of secure a Non Molestation Order from the They also make a number of minor The Gender Recognition Act amended Council Regulation (EC) No. 2201/2003 court and ultimately to her return home. amendments to forms prescribed by the Matrimonial Causes (NI) Order update the Family Proceedings Rules the Family Proceedings Rules to ensure 1978 to add two new grounds of to make reference to the new Council The DVD/video is a source of information From left: Anne Caldwell, Frances Donnelly (Chair of N&W Belfast Local Domestic that allegations of domestic violence nullity, where an interim or full gender Regulation and the correct Article of it. for victims and those working with them. Violence Forum), John McGettrick, Mr Justice Gillen and Pat McCartan (Chair are raised at the commencement of recognition certificate has been issued A copy of the DVD/video has been sent of N&W Belfast Health & Social Services Trust) proceedings under Article 8 of the to a party to the marriage. They also make provision: to the secretary of each local association Children (NI) Order 1995. for use by members. It will also be used Speaking at the launch of the video, role by providing comprehensive The amendments to the Family • for a stay under the Council as a training tool within a wide range of John McGettrick, who is a solicitor information to victims, thus allowing The Civil Partnership Act 2004 Proceedings Rules in consequence Regulation of children other organisations including housing, member of the N&W Belfast Local them to make informed decisions introduces a statutory civil registration of the Gender Recognition Act 2004 proceedings; women’s aid, police and Health & Social Domestic Violence Forum, said, “I am about their protection through access procedure to allow same-sex couples to make provision: Services Trust staff. sure that this video will play an important to the law.” make a formal, legal commitment to each • to prescribe the procedure for other by entering into a civil partnership. • in relation to the new grounds applications under Article 15 of of nullity, in particular, to require the new Council Regulation; and The Rules amend the Family a copy of the relevant gender Proceedings Rules to prescribe recognition certificate to be • relating to certificates under lunchtime seminar procedures for proceedings under the attached to the pleadings in Article 41 of the Council Freedom of Information Civil Partnership Act. proceedings under either ground Regulation. and require the Secretary of State to - Friend or Foe? These procedures are similar to those be notified of proceedings brought which currently exist for comparable on the ground of issue of an interim The Freedom of Information Act 2000 came into force on Date: 20 January 2006 proceedings relating to marriage. gender recognition certificate; The Law Reform (Miscellaneous 1 January 2005. Under this Act, anybody may request Time: 1 pm (refreshments served from 12.30 pm) In summary, these procedures are Provisions) (NI) Order 2005 amended information from a public authority that has functions in Venue: Law Society House prescribed in relation to applications • for an application for a corrected the definition of the terms “relative” and England, Wales and/or Northern Ireland. The Act provides CPD hours: 1½ under the following provisions of the certificate, where the court has “cohabitee” in the Family Homes and opportunities for access to information that previously may Cost: £20 2004 Act: issued a full gender recognition Domestic Violence Order (NI) 1998. have been difficult or impossible to obtain. However, the Act certificate containing an error; also opens up areas previously held sacrosanct by lawyers. Freedom of Information – Friend or Foe? 20 January 2006 • section 161 (dissolution order, nullity The 2005 Order also amended the 1998 order, presumption of death order or • for an applicant who has been Order so as to allow exclusion zones of This lunchtime seminar will give attendees an insight into Title: separation order); refused a gender recognition defined areas to be attached to non- the impact of the Act one year after its implementation. Name: certificate to appeal to the High molestation orders and to make it clear Geraldine Dersley, will give an overview of the Act and an Firm: • section 181 (declarations); Court on a point of law; and that protective orders made ex-parte update on some of the decisions made by the Information can only be made for a short period and Commissioner’s office over the past year. Marie Anderson, Address: • Schedule 15 (financial relief in the • for a reference to the High Court that, if a court makes such an order, it Assistant Information Commissioner for Northern Ireland will High Court or a County Court in by the Secretary of State where he must specify a date for a full hearing. look at the influence of the Act in a Northern Ireland context. Northern Ireland); and considers an application to have Postcode: been granted by fraud. The Rules make consequential If you would like to attend please complete and return the Telephone: • Schedule 17 (financial relief in amendments to the Notes for Guidance booking form below to Eleanor McCabe at Law Society House, E-mail: Northern Ireland after overseas in Forms F2 and F3 in the Family 98 Victoria Street, Belfast, BT1 3JZ along with a cheque (made dissolution etc. of a civil partnership). Proceedings Rules. payable to Law Society of Northern Ireland). Cheque enclosed: (made payable to “Law Society of Northern Ireland”) 12 13 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Preliminary Notice Belfast 2006 - The Right Justice

A MAJOR INTERNATIONAL The organisation of this major context of a set of themes that reflect CONFERENCE DEDICATED TO international event - anticipated to the rights enshrined within the United PROMOTING CHILDREN’S RIGHTS assemble in excess of 500 important Nations Convention on the Rights of delegates from around the world - is the Child. being undertaken by a Local Organising Committee comprising members of the To be held under the aegis of an judiciary and senior representatives from important international judicial organisations across the justice sector in association, Belfast 2006 will be a multi- Northern Ireland. The Local Organising disciplinary conference of significant Committee is chaired by the Honourable interest to solicitors, barristers and all Mr Justice Gillen - the senior Family those court-connected professionals The World Congress of the International Judge for Northern Ireland. whose work supports the courts in Association of Youth and Family dealing with children and families. Judges and Magistrates is a prestigious The congress programme will international event that takes place every incorporate addresses by a superb Law Society of Northern Ireland four years. In the past it has been held range of international speakers, CPD Allocation: 17 hours in major cities such as Rio de Janeiro, plenary sessions, workshops, poster Bar Council of Northern Ireland: Buenos Aires and Melbourne. The displays, round table discussions and Accredited for 17 CPD points XVII World Congress will be held in the presentations. Issues touching on the Waterfront Hall, Belfast from 28 August administration of justice as it affects For further information on the World 2006 to 1 September 2006. This is the the main influences on children: family, Congress and to register online, please first time the conference will have been community, society, and youth justice visit the congress website at: staged in Ireland. will be considered within the overall www.youthandfamily2006.com

ADVERTISEMENT

Apology STEPHEN DONAGHY I.Eng. M.Inst.AEA. F.IMI. M.SOE.

Medical and Legal Training Services (MLTS) had planned to present a full AUTOMOTIVE CONSULTING ENGINEER day course in Belfast on the 29th of November. The promotional literature for the course was inserted into the last issue of The Writ. The last issue Tel & Fax: 028 9022 3357 was delayed from the planned publication date of the 28th October until Mobile: 0780 895 2608 the 10th of November. MLTS have decided to reschedule the course day Email: [email protected] because the delay gave insufficient notice for delegates. Web: www.sdonaghy.co.uk

Ideally qualified and suitably experienced The course will be presented on February 2nd 2006. The day will be to undertake Appropriate Accident identical to that planned on the 29th of November. Entitled ‘Specialist Investigation and Reconstruction of cases medical course for Lawyers’ the course aims to improve the understanding where, private cars, light & heavy commercial of medical evidence. vehicles, farm machinery, industrial site machines & their associated equipments are If you wish to register to attend the course, please contact: the subject.

Medical and Legal Experienced in Forensic Examination, Training Services the collection & recording of evidence, email: [email protected] compiling material facts leading to detailed reporting for the purposes of Litigation. Tel: 0121 449 7098 Fax: 0121 442 4850 6 Knockvale Grove, Knock, theWrit Belfast BT5 6HL 14 15 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Statutory dispute resolution procedures

INTRODUCTION mandatory grievance and disciplinary redundancies can be too early as it would Step 1 letter. In a CBI survey the majority disciplinary meeting for misconduct 9. Complexities in overlapping of the procedures set down a minimum that is coincide with the consultation process. of employers found this cold and not resigned and claimed constructive procedures: This article considers a number of hoped will reduce the number of Tribunal There are no cases to clarify the meaning good HR practice. dismissal. This denied the employer The dual purpose of meetings allows practical difficulties arising from the claims. of “contemplation” in the DDP context. the opportunity to internally resolve a grievance, if submitted before the new procedures and comments on The Report also identified unease the matter. Step 3 DDP, to be dealt with without decisions issued by GB Tribunals. The procedures are in their infancy and 2. The content of the Step 1 (DDP) regarding the ending of fixed term going through the full GP. However as Some of the problems discussed there have been teething problems. letter: contracts. For example, applying a 3 step A more restrictive approach was applied a grievance requires an investigation, have been identified by the recent There are areas of uncertainty which will The content of a Step1 letter is the procedure to students employed on one in Noskiw v Royal Mail Group PLC ET employers often cannot take advantage CBI Report “A Matter of Confidence: remain so without Tribunal decisions to most significant change for employers in year full-time contracts as part of their 7.3.05; the employee complained about of the dual meeting as it unduly delays Restoring Faith in Employment provide clear interpretation. It is evident applying the DDP. A poorly drafted letter university degree is laborious a pay review. Subsequently he lodged the step 3 DDP - therefore two full Tribunals" (www.cbi.org.uk). from opinion canvassed that more could give rise to a finding of unfairness and unnecessary. a DDA claim on the grounds of the pay procedures must be carried out. This article also includes observations problems have arisen in the application in a dismissal case where, for example, review and being denied training and not from the EEF experience in the UK. of the GP than the DDP. in a conduct matter the letter fails to TEN DIFFICULTIES being shortlisted for posts. The Tribunal 10. A more senior manager to hear sufficiently set out the allegations or it pre- 1. Step 1 letter: timing held that he had not complied with the the appeal: STATUTORY PROCEDURES POSITIVE VIEWS judges the outcome. 2. Step 1 letter: content GP as he had not mentioned disability. Employers may breach the statutory 3. Basis: when & how His claim was rejected. procedures where, for example, their The statutory procedures provide for two Some employers have commented 3. When and how to provide the basis 4. One System: all dismissals? procedure allows for two levels of appeal systems, the Disciplinary and Dismissal favourably about the procedures and of the allegations under the DDP: 5. Timing of meetings 7. How can a grievance be raised? but the first level appeal is not to a more procedures (DDP) and Grievance in particular the DDP. Their introduction The basis of the allegation must be 6. When must GP be raised? A grievance can be raised informally senior manager. This could technically Procedures (GP). Both the DDP and has compelled employers, with the provided before the Step 2 meeting and 7. How can GP be raised? provided it is in writing; it need not refer breach the GP as the first appeal should GP consist of a standard and modified support of unions, to redraft old, in reality this tends to be given with the 8. Informality lost to the GP or use the word grievance. be to a more senior manager. 9. Overlaps & complexities procedure. The standard procedures are ineffective procedures and substitute Step 1 letter, i.e. when the allegations Two cases (Aspland v Mark Warner Ltd, 10. More senior manager a three stage process, while the modified them for legally compliant, practical are set out in writing. How to provide ET 2200483/05 and Stewart v Barnett’s Companies with flat management procedures are a two stage process. ones. Allied to this employers have the basis for the allegation has been the Motor Group Ltd, ET S/100276/05) structures have greater difficulty The modified DDP and GP preclude a embarked on comprehensive training subject of debate, particularly whether 5. Timing of the meetings: held that a grievance can be raised in a complying with this requirement and the meeting stage. for personnel responsible for dealing witness statements must be provided. Real problems emerge when considering Solicitor’s letter. It can also be raised in question arises whether it is reasonably with discipline and grievances. This is An alternative to providing witness the employment of long term sick a witness statement (Emore v Romec practicable for them to select a more ensuring compliance and consistency statements is to provide a resume of employees. The difficulty arises in relation Ltd 2305757/2004). Therefore it is not senior manager from, for example, an STATUTORY PROCEDURES in application. Some employers are the evidence or an investigation report. to the general statutory requirements in always obvious to the employer that associated company. STANDARD DDP applying the DDP to all disciplinary The employer is not obliged to provide avoiding unreasonable delay or holding a grievance has been raised and by Step 1 : Letter matters, including warnings (which is the employee with witness statements. meetings at an unreasonable time. With failing to act on it the employer will have CONCLUSION Step 2 : Meeting not included in the definition of relevant However the employer must provide long term sick employees, the employer contravened the GP. Step 3 : Appeal disciplinary action) believing that the sufficient evidence for the employee to must identify when it is reasonable to The N.I. Tribunal statistics (see table) MODIFIED DDP single approach removes any ambiguity understand the basis of the case against proceed to a Step 2 meeting despite It is understood that Aspland and would indicate that non-compliance with Step 1 : Letter on the system to be applied. It also them. Indeed it may be preferable for the employee’s ill-health. Of course a Stewart are being appealed to the EAT the GP is resulting in the full or partial Step 2 : Written Response promotes fairness and helps reduce the evidence to be taken down (at the statutory exemption does exist where which hopefully will provide clearer rejection of some of the claims brought to the “misconduct culture” as employees investigation stage) in a resume rather it is no longer reasonably practicable to guidance. date. The difficulties that have emerged STANDARD GP perceive that issues are being dealt with than statements to avoid any criticism complete the procedure - however there may heal with time or may well remain to Step 1 : Grievance Statement more formally. that they have been withheld. is uncertainty as to when the parties can 8. Informality of dealing with be judicially addressed. Only time will tell. Step 2 : Meeting rely on it. grievances has been lost: Step 3 : Appeal OPERATIONAL DIFFICULTIES 4. Does one DDP system fit all cases Dealing with grievances informally is OITFET STATISTICS (up to 11/11/05) of dismissal? 6. When must an employee raise a mutually beneficial to both employer MODIFIED GP Set out below is a summary of 10 Although the DDP lends itself better grievance? and employee. However since the CLAIMS RESPONSES Step 1 : Written Statement difficulties in the operation of the to conduct issues it does not do so in The application of the DDP and GP implementation of the statutory Acceptance: 75% 97% Step 2 : Response procedures. other dismissals, for example and more are mutually exclusive. Therefore procedures requiring grievances to be Part-rejection: 12% 0% Rejection: 13% 2.5% particularly, in redundancy situations the GP does not apply if it relates to put in writing, the number of formal The rationale behind the statutory 1. The timing of the Step 1 (DDP) (less than 20). The CBI Report has contemplated disciplinary action or grievances has risen. The CBI found that procedures is to encourage employers letter: heavily criticised the DDP in redundancy dismissal. In Cooke v Secure Move employers are under greater pressure Michelle McGinley is an Employment and employees to settle disagreements “Contemplation” triggers the sending dismissals - the main criticism being that Property Services Ltd (reported in IDS to take every grievance, however minor, Solicitor with EEF Northern Ireland, an through internal grievance and of the Step 1 letter. The definition of the employee would hear that they were Employment Law Brief 788) the Tribunal to the “nth degree”. Minor disputes are organisation which provides employment disciplinary procedures without recourse “contemplation” is “having in mind at risk of being redundant, not at a face- held that the GP did not apply when now becoming over formal and taking up advice and tribunal representation to to the Tribunal. The introduction of a possibility” which in respect of to-face meeting but rather by way of a the employee who was invited to a a significant amount of employers’ time. member companies.

2006 CPD Seminar Programme 17 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Changing CPD Requirements Pre-Action Protocol for the Resolution of Family Provision Claims

From January 2005 all solicitors in Northern Ireland were subject to the The Pre-Action Protocol for the ways, that is, in respect of time limits and to an extension of time where genuine Compulsory Professional Development Scheme (CPD). Resolution of Claims under the the early exchange of information and negotiations have been on-going and no Inheritance (Provision for Family and documents. party has been prejudiced, the cautious AFP Consulting provides a range of 3-hour seminars, which meet the Dependants) (NI) Order 1979 (“the 1979 adviser may have no option but to issue Law Society of Northern Ireland's Client Care and/or Practice Order”) became effective on 1 September proceedings if the six month deadline Management CPD requirements. The 2006 seminar programme is 2005. While such pre-action protocols 2. Extension of time limit by is looming. Unfortunately the issuing of are now commonplace in England and agreement of parties proceedings of itself can cause parties to targeted at 3 different levels of experience within a law firm: Wales, this is the first to apply in any of entrench their positions and may make a the Divisions of the High Court of Justice Under the 1979 Order applications must settlement less likely. • Level 3 Senior Partners and Managers in Northern Ireland. be made within six months of the date on which the grant of representation is first The Protocol effectively allows parties to • Level 2 Staff and Solicitors who have some level of management In broad terms the Protocol aims to taken out, unless the leave of the court extend the time limit in order to facilitate responsibility encourage the resolution of family is obtained (article 6). However, where further negotiations if there is a realistic provision disputes without recourse to an applicant is seeking to have included chance of settlement. Paragraph 1.02 of • Level 1 Junior staff who need basic understanding of managing hostile litigation and, where litigation is within the net estate property which the the Protocol provides: unavoidable, to ensure it is simplified deceased held concurrently with another their work and the law firm environment by maximising the exchange of relevant as joint tenants the time limit is 18 months “There is no reason why the parties cannot information before the litigation process from the date of death or six months agree that, following the intimation of a has commenced. Failure to comply with after the date on which the grant of claim, proceedings can be withheld unless the provisions of the Protocol may result representation is first taken out, whichever and until the parties have exhausted the Please see below for forthcoming events between February and March 2006: in a costs sanction: is sooner. This time limit is absolute and possibility of an amicable settlement. the court has no discretion to extend it. Accordingly, the claimant in the initial “Para 1.03 Parties will be expected the letter of claim should invite the personal CRISIS AND REPUTATION MANAGEMENT (Level 3) follow the spirit of this Protocol and seek It is generally agreed that the six month representatives to agree not to take Wednesday 15th February 2006 - The King's Hall Exhibition Centre to achieve its aims so far as is practicable time limit achieves a fair and proper any time point while the matter is under in the particular case. The court may take balance between giving applicants discussion or consideration. The personal This seminar will provide you with the definition of a crisis and determine an appropriate level of response. It an unjustified failure to follow the Protocol sufficient time to assess whether they representative should endeavour to obtain also examines the consequences and impact your plans, strategies and actions will have on your practice and into account in the exercise of its powers have a good claim and ensuring that the consent of all the beneficiaries to this your reputation following a crisis. and discretions relating to costs.” the administration of the estate is not course. If consent is not forthcoming unnecessarily delayed. The fact that so that the claimant has to issue CLIENT CARE AND COMPLAINTS HANDLING (All levels) The full text of the Protocol is available out of time applications can be made proceedings to prevent time running, on the Court Service website (www. is designed to ensure that no grave the court may take this into account Wednesday 15th March 2006 - The King's Hall Exhibition Centre courtsni.gov.uk – under Services and hardships are caused, save in situations when exercising its powers and This is an introduction to the principles of client care, the main causes of complaints and how to deal with them. then Chancery Division). This brief article involving property which the deceased discretions relating to costs. Where outlines the key provisions by way of held as a joint tenant. consent to the withholding of proceedings introduction. is given the court can normally be Qualifies for 3 hours CPD However, a not insignificant problem for expected to grant an extension of time parties who have been attempting to should it subsequently become necessary All seminar times: 2.00 pm - 5.00 pm 1. Commitment to negotiate a pre-action compromise is the to issue”. Cost per seminar: £125.00 + VAT per delegate pre-proceedings negotiations danger of the time limit expiring before the conclusion of the negotiations. Unfortunately the Court has no discretion The Protocol underlines the obligation to extend the time-limit where the applicant on parties to enter into meaningful While six months might seem to be a is seeking to sever the deceased’s To reserve your place on any CPD seminar please contact us on: negotiations prior to starting proceedings: sufficiently long time in which to secure “share” of a joint tenancy. In this case the Tel: 0845 600 2729 or “Parties should bear in mind that the agreement, it may be some months Protocol acknowledges that the party in courts increasingly take the view that into the period before the parties realise question may have no option but to issue Email: [email protected] litigation should be a last resort and that they have a claim or before the proceedings in order to comply with the proceedings should not be issued necessary expert evidence becomes mandatory time-limit. Having done so the prematurely when settlement is a available. Notwithstanding clear authority directions of the Court should be taken reasonable prospect (para 7.01)”. More from the Northern Ireland High Court so that the Court can consider whether specifically, the Protocol seeks to facilitate in Re McAteer (Girvan J, 29 October it is appropriate to stay the proceedings pre-proceedings negotiations in two main 1999) that the court will be sympathetic pending compliance with the Protocol.

AFM 708 - Nov 05 AFP Consulting is a Division of Alexander Forbes Risk Services Limited, which is authorised and regulated by the Financial Services Authority. 18 19 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

A Pye in your eye

the resolution of the dispute. suggested by another party will generally Practitioners should be aware of the of the case will relate to registered (including potential claims for damages 3. Exchange of information and not be entitled to rely on their own expert judgment of the European Court of land and practitioners will now have for breach of the HRA and/or the documents evidence within that field. Human Rights in J.A.Pye (Oxford) Ltd to consider the case in the following ECHR) will depend upon the particular v United Kingdom (2005) The Times, circumstances, namely: circumstances of each particular case. The Protocol encourages the early 4. Experts If jointly agreed experts cannot be 23 November. This case has serious It may also be relevant to have regard exchange of all pertinent information instructed, it will be for the court ultimately implications for the doctrine of adverse • Applications pursuant to section to the English decision of Beaulane and documents. As soon as sufficient The Protocol encourages the use of jointly to decide how it should deal fairly with possession in Northern Ireland. In short, 53 of the 1970 Act. Properties Ltd v Palmer [2005] EWHC information is available to formulate a appointed experts as far as is possible the costs incurred by the appointment of the court held by a majority (4-3) that 1071, where an English deputy High reasoned claim the claimant is required by requiring all potential parties to notify such experts. the combined effect of the provisions of • Defences to claims for Court Judge held that English law to send a letter of claim to each of to the other parties the name or names the English Limitation Act 1980 and the possession by registered owners. relating to adverse possession, as the personal representatives and, if of one or more experts in the relevant Land Registration Act 1925 infringed the it stood before October 2003, was • Statutory declarations in known, to each beneficiary likely to be discipline whom he considers suitable to European Convention of Human rights in incompatible with the ECHR. conveyancing and lending adversely affected by the claim. The instruct (Paragraph 6). The other parties 5. Mediation dispossessing, without compensation, a transactions. use of a standard form letter of claim is have 14 days to lodge an objection and registered owner and transferring title to We are grateful to E.J David McBrien, recommended and a sample is annexed suggest alternatives so that ultimately Finally the Protocol endorses mediation as a trespasser. • Past judgments of either a court LLB, LLM, Barrister-at-law of the Inn to the Protocol. The claimant is required a mutually acceptable expert may be an alternative to litigation and commends or the Land Registry in favour of Court of Northern Ireland and of the to outline a clear summary of the claim instructed. All parties are entitled to send its use, in appropriate cases, both before The relevant provisions in Northern of a “squatter” against a King’s Inns, Dublin for this casenote. and the facts upon which it is based, through their solicitors written questions and after proceedings have been issued. Ireland are contained in the Limitation (NI) registered owner. including, to the best of his ability, details to the agreed expert about any relevant Order 1989 and the Land Registration See also Recommended Reading at of the matters set out in article 5 of issue of his report. Any party who fails We are grateful to Sheena Grattan BL for Act (NI) 1970. The primary ramifications Determining the appropriate remedy page 49 the 1979 Order which are considered to object to an expert who has been this article. relevant.

It will be recalled that in any 1979 ADVERTISEMENT ADVERTISEMENT Order application, the court is required to have regard both to general matters, which apply to all categories of claimant (eg the By the time she’s 60 Republic size of the estate, the resources of the claimant and any beneficiaries, heart disease might be a any relevant disabilities) and to of Ireland specific matters which apply only thing of the past. to that particular claimant. At this Agents stage copies of documents in Every year in Northern Ireland, almost 10,000 people die of a chest, heart the claimant’s possession which or stroke related illness. Over the past 60 years, we have worked tirelessly he wishes to rely upon should, to alleviate the suffering of clients, funded research in our local hospitals We are willing to act as agents in if possible, be enclosed with the and universities and helped to provide vital facilities and support. To continue most legal matters. letter of claim. our work, we rely heavily on legacies and voluntary donations. All money Our offices are close to Courts, raised is spent helping people right here in Northern Ireland. Government Buildings and Each potential defendant is Commercial Centre. expected to reply within 21 days With your help, more and more people can look forward to a healthy future. or provide an explanation for the Fee splitting by arrangement. delay and an indication of when a Because your legacy full reply can be furnished. Again, copies of relevant documents is their future. Hughes & Liddy should be enclosed or an indication given of when they will www.nichsa.com Solicitors available. The Protocol confirms 2 Upper Fitzwilliam Street that all documents are disclosed Dublin 2 on the basis that they are not to For a leaflet on leaving a legacy to NI Chest Heart & Stroke Association be disclosed to third parties or Tel: (00 3531) 6766763 used for any purpose other than please phone: 028 9032 0184 or (00 3531) 6789701 Alternatively, ask your solicitor for a leaflet. Fax: (00 3531) 6766702 20 21 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Review of Fee estimate forms Legal Appointments Ground Rents Act (NI) 2001 The Home Charter Committee considers it appropriate to clarify the point at which the fee estimate forms attached to the Solicitors Advertising (Amendment) Regulations 1994 are issued.

The Office of Law Reform is Although the Home Charter Code of Practice (paragraph 3 of part 1) says: currently conducting a review of the Ground Rents Act 2001. The “ Following receipt of instructions write to BluePrint Appointments is a aim of the Act, which, for the market leader in legal recruitment. most part, came into operation the client setting out the terms of business, Our consultants are valued by on 29th July 2002, is to eliminate both candidates and clients for including an estimate of costs and outlay in the ground rents on residential their market knowledge, honest property in Northern Ireland, thereby such manner as may be prescribed…”, advice and ability to deliver simplifying title ownership and the results. Our reputation has been conveyancing process. the Committee considers that for the avoidance of doubt and in the built on the professional & interests of good business practice, it would be considered prudent to confidential service offered to issue the fee estimate form upon the receipt of an enquiry about costs candidates & clients. The aim of and prior to the receipt of instructions. However, once firm instructions are received the estimate must be reissued and if necessary updated to take the Act is to account of any information becoming available in the interim period. eliminate the ground rents ADVERTISEMENT Katherine Howlett is one of the Fionnuala Treanor joined the on residential latest additions to the Legal Team Legal Team at BluePrint as Team at BluePrint. Katherine has a 2.1 Leader in October. Fionnuala property in Choose the right in Law and Politics and completed has recently returned home to solution… the Legal Practice Course with the Ireland having spent the last 8 College of Law in York. Katherine years working in London where Northern Ireland …not just software has recently moved from London she has gained extensive where she has a background in We have an innovative range of recruitment experience. The Act contains schemes for legal recruitment and solutions to meet your individual headhunting for top city law firms. the voluntary and compulsory needs: redemption of ground rents. ■ Accounting The voluntary scheme has been ■ Solicitors required for Tyrone up to £30k Case and Document operating since 2002. However, Management Our Client based in Tyrone is needing both locum and permanent Solicitors to specialise in Commercial Property and the compulsory scheme will not ■ Time Recording and Billing Family respectively. Very attractive salaries are offered. Ref : JO258059 & JO262466 be commenced until the voluntary ■ Management Information scheme has been reviewed. ■ Reporting Commercial Property Lawyer - Belfast up to £30k ■ Database This well known city firm is seeking a Commercial Property Lawyer with 2 years + PQE. The ideal candidate should ■ Marketing The Office of Law Reform has be able to demonstrate good quality experience across a broad range of commercial property and secured lending ■ E-commerce produced a discussion paper transactions. This is a fantastic opportunity to join a thriving law firm. Ref JO260689 ■ Remote Working which sets out the background to Part-Time Litigation/Probate Solicitor £ competitive salary the Act and invites comment on And watch your firm This East Belfast based law firm is seeking a Part-Time Litigation/Probate Solicitor to join its practice. This is a great the voluntary scheme’s operation. role for a candidate seeking flexible working hours. The ideal candidate will be at least 4 years PQE. Ref JO261355 Copies of the discussion paper enjoy the benefits may be obtained from the Office of To find out how your firm can benefit from our Law Reform, Lancashire House, 5 solutions please contact our team in Belfast. Linenhall Street, Belfast BT2 8AA, or TFB plc, Floral Buildings For more details please contact Katherine or online at www.olrni.gov.uk 2–14 East Bridge Street, Belfast, BT1 3MQ Fionnuala in confidence on 028 9032 3333 or email Tel. 028 9092 3851 All comments will be welcome. or e-mail [email protected] [email protected] www.tfbplc.co.uk 22 23 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Insolvency Update

1. INSOLVENCY (NI) ORDER 2005 period to a maximum of 12 months for 2. STATUS OF STUDENT LOAN Article 11 of this Order came into floating charge and will not be payable 4. INTEREST PAYABLE TO most bankrupts. This is set against the DEBTS IN BANKRUPTCY operation on 13 April 2005. ahead of the floating charge security. CREDITORS The Insolvency (NI) Order 2005) received need to protect the public against the The implications of this decision for Royal Assent on 7 June 2005. The order small minority of bankrupts who abuse A student or former student may have a With effect from that date, in the case of insolvency practitioners are that they Practitioners are reminded of the falls into four main areas: their creditors. This counterbalance is liability to repay a loan taken under: bankruptcies which commenced* on or face the prospect of not being paid their requirement under Article 300 (4) of the achieved through the new Bankruptcy after 13 April 2005 any liability to repay a costs and expenses in respect of the 1989 Order to pay interest to creditors Corporate insolvency; the abolition of Restrictions Order regime. The 1. Regulations made under the current loan under the Education (Student Loans) winding up. where surplus funds remain after the Crown preference; individual insolvency provisions will also ensure that those Education (Student Support) (NI) (NI) Order 1990 is no longer a provable payment of all debts. The interest (bankruptcy and IVA’s) and the provisions who can pay their creditors, do so. Order 1998 (S.I. 1998 No. 1760) debt in bankruptcy and will no longer be payable should be calculated from the relating to the financial regime of the Income payment orders (and new written off on the bankrupt’s discharge. date of adjudication to the date of the or Insolvency Service. payment of the final dividend at the 2. Regulations made under the former Loans received after the date of rate specified in Article 300 (5). These Work is underway to make the rules and Education (Student Loans) (NI) Order commencement – it remains the case provisions should not be confused with other secondary legislation necessary to 1990 (S.I. 1990 No. 1506) that loans received after the date of interest payable under Rule 6.110 on implement the Order’s provisions. It is commencement cannot be treated as debts for periods before the bankruptcy. expected that the Order’s provisions and Change in status in bankruptcy after acquired property and should not the rules and other secondary legislation of a liability to repay a loan made be taken into account when assessing We are grateful to WR Nesbitt, Director will be commenced early in 2006. under regulations under the current whether or not to seek an Income of Insolvency at the Insolvency Service Education (Student Support) (NI) Payment Order/Agreement. for this update which is an extract The corporate insolvency provisions Order 1998. *as defined by Article 252 of the from Insolvency Practitioner Letter are aimed at facilitating the rescue of Insolvency (NI) Order 1989 19, the full text of which is available at viable companies, and if that is not The Education (Student Support) [email protected] practicable, or would not provide the (Amendment No. 2) Regulations (NI) 3. PAYMENT OF LIQUIDATION best outcome for creditors, achieving a 2004 (S.R. 2004 No. 517) came into EXPENSES AND PAYMENT OF better result for the company’s creditors operation on 15 January 2005. PREFERENTIAL CREDITORS ADVERTISEMENT as a whole than would be likely if the WHERE COMPANIES HAVE company were wound up. The Order Regulation 8 of these regulations GRANTED FLOATING CHARGES seeks to achieve this through restricting replaces regulation 40 in the Education OVER THEIR ASSETS the use of administrative receivership (Student Support) Regulations (NI) 2003 in favour of administration, which is a (S.R 2003 No. 298) The following is adopted from a The Crown departments in England collective procedure and takes account statement issued on behalf of HM and Wales, whilst understanding of the interests of all creditors. The Order The result is that, with effect from Revenue and Customs and the DTI the predicament that the insolvency introduces a streamlined system of 15 January 2005, in the case of Insolvency Service (“The Crown practitioners may find themselves in, Austin Mooney administration by providing out-of-court bankruptcies which commenced* on Departments”). The original statement have made it clear that they cannot routes into administration for floating or after 15 January 2005, any liability can be seen on the DTI Insolvency deviate from the underlying principles charge holders, companies and their income payments agreements) will to repay a loan under the Education Service website at www.insolvency.gsi. of this judgement. They have however Legal Costs directors and introducing an overall time- run for three years, notwithstanding (Student Support) (NI) Order 1998 is no gov.uk indicated that, in practice they will limit for the process, imposing a new discharge. The Act also limits the longer a provable debt in bankruptcy take no action to disturb cases where duty on the administrator to perform his period within which a trustee must deal and will no longer be written off on the A House of Lords judgement on 4 March costs/ fees etc. were paid before the Drawer or her functions as quickly and efficiently with a bankrupt’s interest in the sole bankrupt’s discharge. 2004 in re Leyland Daf Limited alters the date of the House of Lords judgement. Would like to thank all Solicitors as reasonably possible, as well as or principal residence of the bankrupt way in which liquidators of companies If, however, other creditors take such who have supported him during reducing time limits generally. or the bankrupt’s spouse (or former Change in status in bankruptcy may attempt to recover the payment action which then results in payment 2005 and wishes you all a very spouse) to three years in most cases. of a liability to repay a loan made of liquidation expenses and pay the of a Crown dividend, the payment will prosperous 2006. The abolition of Crown preference will under regulations under the former (liquidation) preferential creditors, where be accepted. In all other instances they remove the Government’s right to claim Modernisation of the financial regime Education (Student Loans) (NI) Order the companies have granted floating expect the terms of the judgement to be unpaid taxes ahead of other creditors of the Insolvency Service will bring 1990. charges over their assets. strictly applied. and will bring real benefits to unsecured increased transparency and simplicity creditors, including many small firms. to the fee structure while reforms to On 6 April 2005 the Higher Education In cases where the company has The DTI Insolvency Service is currently the Insolvency Account will mean (Northern Ireland) Order 2005, granted a floating charge, the costs attempting to have provision included in 15 Edendork Road, Dungannon The individual insolvency provisions that creditors, including many small responsibility for which falls to the and expenses of the liquidation will the forthcoming Company Law Reform BT71 6LF DX 2917 NR Dungannon 1 will provide a fresh start for those who firms, receive the maximum possible Department for Employment and rank after sums payable to both the Bill which would counteract the effects of have failed by reducing the discharge investment return. Learning, received Royal Assent. preferential creditors and to holders of a the Leyland Daf Limited decision. Tel: (028) 8775 2749 24 25 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI BELFAST SOLICITORS BUSINESS LAW SEMINARS ASSOCIATION Are you interested in a Certificate in Business Law? Belfast Solicitors' Association

The Institute of Professional Legal Studies will be offering a course or individual seminars in Business Law. Guide to High Court Costs as revised Main facilitator: Peter Burbridge, MA, Cantab, Barrister-at-Law, Senior Lecturer at the University of Westminster (Applicable to actions settled after 1st January 2006) Date: Seminar: Monday 27 March 2006 Sale of Goods AFTER AFTER AFTER AFTER WITHIN Monday 10 April 2006 Marketing Agreements – Agency WRIT STATEMENT DEFENCE WARNED 21 DAYS Monday 24 April 2006 Distribution, franchising and competition law OF CLAIM LIST OF TRIAL Monday 8 May 2006 Intellectual property rights - 1 Introduction to the different IP rights/protecting brands Monday 15 May 2006 Intellectual property rights – 2 Copyright and design rights £0-£14,999 £2,515 £3,165 £3,565 £4,230 £4,885 Monday 5 June 2006 Intellectual property rights – 3 Patents, know-how and technology licensing £15,000-£19,999 £2,910 £3,565 £3,960 £4,755 £5,680

Time: 9.30am – 1.00pm £20,000-£24,999 £3,435 £4,090 £4,485 £5,012 £6,075 Venue: IPLS, 10 Lennoxvale, Belfast, BT9 5BY Cost: £100 per seminar / £500 for course £25,000 -£29,999 £3,690 £4,360 £4,755 £5,410 £6,470

Booking form and cheques, made payable to QUEEN’S UNIVERSITY BELFAST, should be sent to £30,000-£34,999 £3,960 £4,620 £5,155 £5,805 £6,870 Mrs Joan Playfair, Institute of Professional Legal Studies,10 Lennoxvale, Belfast, BT9 5BY. £35,000-£39,999 £4,230 £4,885 £5,410 £6,205 £7,260 3 CPD hours are awarded for attendance at each seminar. £40,000- £44,999 £4,485 £5,155 £5,805 £6,600 £7,655 Successful completion of all 6 seminars will lead to Certificate in Business Law. The Closing Date for applications is Friday, 20 January 2006 £45,000-£49,999 £4,720 £5,410 £6,205 £7,000 £8,050 (Details of this course can also be found on the IPLS website – www.qub.ac.uk/ipls) £50,000-£54,999 £5,015 £5,680 £6,600 £7,395 £8,450 Please note that it is not possible to provide refunds after the closing date. Allocation of a place at the seminars will be confirmed in writing by IPLS. £55,000-£59,999 £5,280 £5,940 £7,000 £7,795 £8,845

PLACES ARE STRICTLY LIMITED £60,000 -£64,999 £5,550 £6,205 £7,395 £8,190 £9,245 £65,000-£69,999 £5,805 £6,470 £7,795 £8,580 £9,640 Queries should be directed to: Mrs Barbara Jemphrey, IPLS Tel: 9097 5567 Email: [email protected] £70,000 -£74,999 £6,075 £6,730 £8,190 £8,975 £10,035 £75,000 -£79,999 £6,330 £6,985 £8,580 £9,370 £10,435 BUSINESS LAW SEMINARS £80,000 -£84,999 £6,600 £7,290 £8,975 £9,770 £10,830 Institute of Professional Legal Studies Continuing Professional Development Programme £85,000-£89,999 £6,870 £7,525 £9,370 £10,165 £11,220 £90,000-£94,999 £7,130 £7,795 £9,770 £10,560 £11,615 Name: Firm: £95,000-£99,999 £7,395 £8,050 £10,165 £10,960 £12,010 Address: Tel. No: Email:

I wish to attend the following seminars (please tick): Before the Guide was lasted revised overall an average of 28% more than the decided to limit any increase on the Seminar 1 Seminar 2 Seminar 3 in January 2004, the amounts amounts recommended by the Guide was Guide to the lesser amount of 18% and Seminar 4 Seminar 5 Seminar 6 All 6 seminars recommended by the Guide had fallen obtained. This apportioned as to 18% to recommend to members that they significantly below what was being for road traffic accidents and industrial increase the amounts recommended by and enclose remittance of: allowed on taxation. A database kept by injury cases and 28% for industrial the Guide by 10% when applying same to This booking form and cheque, made payable to QUEEN’S UNIVERSITY BELFAST, should be sent to Mrs Joan Playfair, Institute the senior Costs Drawer who advised disease cases such as chest, dermatitis industrial diseases cases. The Committee of Professional Legal Studies, 10 Lennoxvale, Belfast, BT9 5BY. the Committee showed that, on taxation, and stress cases etc. The Committee also decided to introduce the increase in 26 27 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

BELFAST SOLICITORS

ASSOCIATION BSA Dinner Dance 2006 two stages: the amounts recommended on taxation/settlement have been drawn additional day of Trial and £595.00 The annual BSA Dinner Dance is to be Any enquiries should be made by e-mail encouraged to show their support by the Guide were increased by 13% relates entirely to personal injury actions for each half day for an ordinary case. held on Saturday 4 February 2006 at the to: by attending. for cases settling after 1st January 2004 arising out of road traffic accidents and Again this figure should be added to Europa Hotel, Belfast. Drinks reception [email protected] (which is the previously published Guide) industrial injury/disease cases, it is not the attached Guide. commences at 7.30pm followed by As there is always a high demand for and it had been intended that a further recommended that the Guide should apply dinner at 8.30pm, with dancing ‘til late A reservation cannot be made unless places members are recommended increase of 5% would be applied to to the following categories of cases: 5. The attention of members is drawn with The Booze Brothers. a cheque (made payable to Belfast to book as early as possible to avoid cases settling after 1st January 2005. to the guidelines given by Lord Solicitors’ Association) is received with disappointment. That second increase was not made but • Professional Negligence. Justice Carswell, as he then was, Tickets are £36.00 per person and the booking request. Confirmation of is now incorporated in the figures in the • Assault Actions against the Crown. in Antoinette Carr v Margaret members are asked to note that the the booking will be sent out in writing. The Europa Hotel is offering a table overleaf. Poots [1995] NI 428 as to the following arrangements apply. preferential accommodation rate of • Medical Negligence. proper approach to be taken in a Tables are for 10 people and any £40.00 per person sharing in a twin In addition, since the Guide was last • Industrial Disease Actions. case which is compromised for Bookings are on a ‘first come - first requests for vegetarian meals should or double room including breakfast. revised the Taxing Master has twice • Commercial Litigation and Chancery. significantly less than its potential. served’ basis and must be made in be made at the time of booking. Room reservations should be made increased the hourly rate payable on a • Defamation. His Lordship held that in such writing addressed to: direct with the hotel on 028 9027 1066, standard basis taxation, which is the basis circumstances the “worth” of a case In keeping with previous years, a requesting the preferential rate for the on which party and party costs are paid : The BSA recommends to all practitioners was neither the knockdown value of BSA Administrator donation from every ticket sold will BSA Dinner Dance. in April 2004 the rate was increased from that the above Guide is fair and reasonable the settlement nor its full potential. Suite 7, 58 Howard Street be made to the Solicitors’ Benevolent £76.00 to £78.00 per hour and, more in the majority of personal injury actions. His judgment supports an approach Belfast BT1 6PL Association and members are We look forward to seeing you there. significantly, a rate of £85.00 per hour that an amount halfway between the has been set by him for work after 1st Solicitors are advised that even in the settlement and the potential of the April 2005. This is an increase of £9.00 majority of ordinary cases, increases in the case should be taken as the point on or 11.84% over the hourly rate of £76.00 Guide should be sought in the following the Guide for the appropriate costs. payable when the Guide was last revised. situations: In order therefore to maintain parity with In cases where liability is admitted at what will now be allowed on taxation, the 1. In cases of industrial disease, particularly or before the service of the Defence, a Committee has decided to implement the “chest” cases, the appropriate figure on 10% reduction should be allowed. above mentioned increase of 5% which the Guide to be increased by 10%. ought to have been made in January Please note that we have maintained a 2005 together with a further 11.84% to 2. If there are Interlocutory proceedings category to remunerate cases settled correspond with the increase in the hourly an extra £190.00 should be added for on or within 21 days of Trial whether or theWrit rate; a total increase of 16.84%. The each such application. This £190.00 not they are commenced on the day COPY DEADLINE FOR table set out overleaf incorporates that reflects an additional 1½ hour’s work, of Trial. We recognise the extra work JANUARY EDITION cumulative increase. which is the average time spent. If and time taken for the day of Trial and the Interlocutory applications become we are informed that the Taxing Master 6 JANUARY 2006 The increase in the hourly rate made complicated and lead to matters such makes allowances for this. This is by the Master in April of this year is in as a remittal appeal in the High Court, also to encourage Insurers to put their anticipation of the findings of the survey the BSA recommends that time is best offer forward at an earlier stage into the overheads of running a solicitor’s recorded and that extra costs are added and hence seize the opportunity to practice which is presently being carried to the guide to reflect time spent. avoid costs. We would also encourage out by the Law Society. We understand Solicitors to co-operate with the that the Master has indicated a willingness 3. Multiple Defendants. If there is more reasonable Insurer when such an offer to further increase the rates should the than one Defendant at Defence stage is made. findings of the survey justify same and the and each Defendant is being separately Committee will keep a careful watch over represented, we recommend that for the Whilst the attached Guideline has been Editor: John Bailie. the survey as, should its findings result in first Defendant an extra 20% be added arrived at after much consideration a higher rate, further revision of the Guide to the Guide and for every Defendant of various arguments, we believe may be necessary. thereafter a further 10%. This is to reflect that all practitioners need to educate Published by the Law Society of the payment for additional time. themselves in relation to costs. The fact Northern Ireland, 98 Victoria Street, This Guide is intended to apply to personal of the matter is that those Solicitors Belfast, BT1 3GN injury actions settled after 1st January 4. If the case runs to trial we are informed whose time is recorded are in a 2006. However, as the data base kept by that the Taxing Master will normally position to achieve higher costs by The views expressed are not necessarily those of the the Costs Drawer from which the increases allow an average of £720.00 for each taxation. Law Society of Northern Ireland.

28 29 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

You don't have to hit rock bottom

How many times, over the years, have All of these assumptions are wrong. you had clients in your office describing a difficult situation to you, when you “High bottom” alcoholics will delude An open and closed case have thought to yourself: themselves in to thinking that even Dates with disaster? “If only they had come to see me earlier, though they drink every day, or only It’s surprising how often a well-managed In any event, a closing letter should be Finally, introduce a system of counter- it would have been so much easier to binge at the weekend, they only do retainer for a long-standing client can sent to clients, setting out clearly that signatures where the case handler and help them?” it as a necessary social part of their turn sour months, if not years, after the a file has been closed and identifying the fee-earner who checked the file both career. They tell themselves things like file was closed, simply because the any matters outstanding. This may sign off the file. You will be surprised It has been said that people change “If it were not for my job, I wouldn’t practice did not have properly policed file include future important dates, such how asking people to sign for their work for one of two reasons: Inspiration or drink at all.” They will genuinely believe closure procedures. as a deadline to exercise an option. If brings out an extra burst of diligence. Desperation. When it comes to recovery that they have their drinking under it is outside your firm’s remit to remind from alcohol abuse, desperation control and that they are entitled to Professional indemnity insurers are the client about a deadline or other Establishing file closure systems may is almost always the driving force. unwind from the stresses of work more than familiar with claims resulting outstanding matter, make this absolutely seem an obvious and simple procedure. Everyone has heard the stories of the with a drink. They will believe that the from oversights and omissions during clear in the file closing letter. Always Unfortunately, professional indemnity need for an alcohol abuser to hit “Rock “edginess and anxiety” they feel can file closure. Examples could include advise clients of the intended date of insurers frequently see negligence claims Bottom” - that moment in an alcoholic’s be wholly attributed to their demanding incomplete applications to court, missed destruction of the file. that could have been easily avoided if life when he or she is forced to face the career and long hours and has nothing dates for exercising options or cases more firms had taken simple steps to devastating consequences of continued to do with the alcohol that they are where a file is closed on a seemingly Return any personal documents and ensure their procedures were watertight. drinking and faces an agonising consuming. abandoned matter without properly copies of any relevant documentation decision, to continue on a path of self- informing the client. such as court orders or searches This column was prepared by AFP destruction and chaos or to make a Although to the outside world such to clients. Consulting, a division of Alexander commitment to sobriety and change. individuals can appear to have idyllic Procedures for closing files need not be Forbes Risk Services UK and first lifestyles, behind closed doors the onerous or time-consuming, but they Let clients know where their files are appeared in The Gazette, the journal of Rock Bottom does not have a road partner, family and colleagues may are a useful safety check and can avoid being stored and for how long they will the Law Society of England and Wales, map. It is unique to each individual and be feeling / expressing considerable storing up problems for the future. The be kept. 102/13 1 April 2005 may be as simple as a routine medical concern about the amount of drinking following suggestions work well for many examination that reveals liver problems that is taking place. This will require the practices, but firms should develop or making a fool of oneself at office alcoholic to reassure them, although procedures that work effectively for them. functions, on a regular basis. It could there may be times when the alcoholic be the break-up of a marriage and loss has difficulty in reassuring him/herself. Introduce peer-to-peer file checking of family, or a drunken bout of physical before a file is closed and sent for violence of which the individual can There may be nagging doubts and storage. Check that no important remember virtually nothing. Whatever a struggle to maintain the façade of documents remain unactioned, such as the trauma, it will be of a great enough a successful lawyer, family member a signed application for a court order that magnitude to act as a wake up call and concerned, but also his/her family and and work colleague. There may also has never been made to the court. to steer the alcoholic toward reality, and friends, into thinking that the drinking is be a growing realisation that there the possible beginnings of recovery. not a real problem. is increasing difficulty to perform at Where there are important documents the level required, or to have clarity on file, such as a will or property deeds, Sometimes, an alcoholic in recovery With such individuals, rather than a of thought to process complex legal make sure that they are dealt with in may be able to look back on one serious specific event or consequence problems. There may be lack of accordance with the client’s wishes. This darkest day and recall that it was the which finally causes them to take stock, motivation, and clock watching until may include returning the documents to catalyst to recovery. However, not there is a more progressive, subtle and escape from the office, for some the client or removing them from the file everyone has to experience serious degenerative process which gradually liquid stress relief, becomes possible. for separate, secure storage. or tragic consequences before facing impacts on their lifestyle. Imagine Unpredictability and mood swings may up to a drinking problem. Traditionally, the lawyer who ostensibly has it all also become the norm at work and at Where documents are stored separately, Rock Bottom has been associated - successful practice, luxury home, fast home. The ability to rationalise almost make sure that a note is added to the file with the most serious and chronic of car. Surely this person could not be an any alcohol-induced situation becomes clearly identifying what has been stored consequences and lifestyles, but there alcoholic? Surely an alcoholic would not second nature. With the absence of and where. Write to clients to make sure are many alcoholics who maintain remain so successful? Would he not be any apparent major consequences, they are aware of where their documents relatively high functioning lifestyles unable to work? Obviously an alcoholic the alcoholic does not believe that help are held. and this lifestyle is part of the denial would never function at the level is required. Is this an advantage or a process, fooling not only the individual required by the legal profession? disadvantage? 30 31 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Northern Ireland Young The answer is really a bit of both. It is not necessary to hit Rock Bottom, but Solicitors’ Association it is vital to honestly look at how the Still Celebrating? drinking is negatively affecting career, relationships, emotional and physical if you are concerned about how much health and quality of life. If the warning you are drinking, call LawCare for free signs are heeded early, it is always easier and confi dential advice. BRITISH NORTHERN IRELAND YOUNG to rectify the problems at an early stage. SOLICITORS’ ASSOCIATION COUNCIL PRESENTS A LUNCHTIME LECTURE ON: WARNING SIGNS VISIT • Feeling the need to cut down RIGHTS OF NON-OWNERS • Testing by occasionally abstaining DINNER from alcohol IN LAND - RESULTING AND • Becoming annoyed and defensive when questioned about drinking BELFAST CASTLE CONSTRUCTIVE TRUSTS / • Drinking in morning or early Wednesday 15th February 2006 afternoon to steady nerves or PROPRIETARY ESTOPPEL nurse a hangover 0800 279 6888 www.lawcare.org.uk The annual visit from European (With a particular focus of the acquisition of • Concern from family and friends students to Northern Ireland for a proprietary interests by non-owners of land, • Lying to self or others about week long study tour will take place with an emphasis on family property.) alcohol consumption in February this year. The NIYSA • Anticipating next drink will be hosting a dinner at Belfast • Apologising for inappropriate ADVERTISEMENT Castle on Wednesday 15th February SPEAKER: Ms Denise McBride BL alcohol induced behaviour 2006. A limited number of places • Justifying alcohol as appropriate will be available to our members (all DATE: 31st January 2006 for stress relief solicitors under 36). All those who TIME: 1.00pm – 2.00 pm (tea, coffee and sandwiches from 12.30pm) • Being overwhelmed by the have attended in previous years VENUE: Law Society House, Victoria Street, Belfast. thought of stopping drinking will know that this is a lively, social COST: £10 for members of the NIYSA* and £20 for non- members. occasion with good food, wine and entertainment on offer! Attendance at this Seminar will provide one hour CPD entitlement. The denial of these types of warning signs is a critical part of the progression If you are interested in attending, Cheques and Booking Forms to NIYSA c/o Barbara Johnston, into alcoholism. Whether the alcoholic is tickets priced £15.00 are available Hewitt & Gilpin Solicitors, Belfast BT2 7GA. Tel: 028 90573573 brought to his/her knees by a thundering from Darren Toombs c/o Carson E Mail – [email protected] blow, or slowly sinks into the depths of McDowell, Murray House, Murray * All Solicitors aged 36 or under are automatically members of the NIYSA. despair, recovery is the only sane road to Street, Belfast, email darren. a healthier and fulfilled life. The earlier that toombs:@carson-mcdowell.com recovery is attempted, the more chances of success there will be. BOOKING FORM NAME The road to recovery does not have to be travelled alone. LawCare is there to FIRM confidentially support and assist; to refer ADDRESS (DX if possible) to professional treatment centres and /or counsellors, as needed. For confidential, non-judgemental help, ring: E-MAIL ADDRESS Helpline: 0800 279 6888 TEL 9am - 7.30pm Monday to Friday NUMBER OF PERSONS ATTENDING and 10am - 4pm Saturday and Sunday / I ENCLOSE REMITTANCE OF £ Bank Holidays. 32 33 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Northern Ireland Young Solicitors’ Association

NORTHERN IRELAND YOUNG NORTHERN IRELAND YOUNG SOLICITORS’ ASSOCIATION SOLICITORS’ ASSOCIATION PRESENTS A LUNCHTIME LECTURE ON: IN ASSOCIATION WITH BRIGHTWATER RECRUITMENT SPECIALISTS PRESENT: THE CIVIL PARTNERSHIP #OMMERCIAL,ITIGATION3OLICITOR ,ITIGATION3OLICITOR ACT 2004 LEGAL TABLE QUIZ 2006 "ELFAST 5PTOaK #O&ERMANAGH 5PTOaK /URCLIENTHASSIGNIlCANTEXPERIENCEINLITIGATIONAND 0RESTIGIOUSPRACTICEWHOWORKSWITHCLIENTSONBOTHSIDES DISPUTERESOLUTIONANDHASASSISTEDAWIDERANGEOFCLIENTS OFTHEBORDERHASANEXCELLENTREPUTATIONACROSSTHEISLAND INALLTYPESOFCOMMERCIALANDTECHNOLOGYDISPUTES4HIS OF)RELAND/URCLIENTSEEKSANAMBITIOUSSOLICITORWHOCAN SPEAKER: Mrs Margaret-Ann Dinsmore QC DATE: Thursday, 9 March 2006 PRESTIGIOUSANDEXPANDINGLEGALPRACTICEWISHESTORECRUITA MAINTAINABUSYWORKLOADANDALSODEVELOPNEWBUSINESS 3OLICITORWITHEXCELLENCEIN#OMMERCIAL,ITIGATION EXPERIENCE 3UITYRS 01%2EF DATE: Tuesday 28 February 2006 TIME Drinks Reception 6.30pm with quiz starting WITH#ONSTRUCTION,ITIGATIONADVANTAGEOUS4HISPOSITION TIME: 1.00pm – 2.00 pm (tea, coffee and sandwiches promptly at 7.00pm WILLREQUIREASENIORSOLICITORWHOCANTAKEONAVERYBUSY ,OCUM3OLICITOR WORKLOAD3UITYRS 01%2EF from 12.30pm) VENUE: Europa Hotel, Belfast. .ORTH!NTRIM MONTHS 5PTOaK VENUE: Law Society House, Victoria Street, Belfast. ENTRANCE FEE: £40 per table of five #OMMERCIAL0ROPERTY3OLICITOR /URCLIENTISAFORWARDTHINKINGST#ENTURYLAWlRM COST: £10 for members of the NIYSA* and £20 for REPRESENTINGINDIVIDUALSANDBUSINESSESTHROUGHOUTTHE "ELFAST 5PTOaK ISLANDOF)RELAND4HIS&IRMWASSETUPYEARSAGOANDHAS non- members. Cheques and Booking Forms to /URCLIENTWISHESTORECRUITANEXPERIENCED3OLICITORTOJOIN PROGRESSEDTOBEAVERYSUCCESSFULPRACTICEWITHANEXCELLENT NIYSA THEIRBUSYANDLUCRATIVECOMMERCIALCONVEYANCINGDEPARTMENT DATABASE4HISPRACTICEREQUIREANEXPERIENCED-ATRIMONIAL Attendance at this Seminar will provide c/o Aleric Turtle, WHICHHASAHIGHLYSUCCESSFULCLIENTBASE4HISISASUPERB 3OLICITORWHOCANCARRYABUSYWORKLOAD&LEXIBLEWORKING OPPORTUNITYTOJOINATHRIVINGPRACTICEWHERECAREERADVANCEMENT HOURS3UIT.EWLYQUALIlED YRS01%2EF one hour CPD entitlement. Carson McDowell Solicitors, ISENCOURAGED3UITYRS 01%2EF Murray House, #ONVEYANCING3OLICITOR Cheques and Booking Forms to Murray Street, 'ENERAL3OLICITOR -ID5LSTER 5PTOaK NIYSA Belfast #O4YRONE 5PTOaK 'ENERAL#OUNTRYPRACTICEHASANEXCITINGOPPORTUNITYTOJOIN c/o Barbara Johnston, E Mail: [email protected] &RIENDLYMEDIUMSIZEDGENERALPRACTICESEEKSANEXPERIENCED THEIRWELLKNOWNlRM9OUSHOULDHAVEEXPERIENCEINDEALING SOLICITORWITHEXPERTISEIN,ITIGATIONANDOR#ONVEYANCING WITH2ESIDENTIAL#ONVEYANCING #OMMERCIAL#ONVEYANCING Hewitt & Gilpin Solicitors, &AMILYEXPERIENCEADVANTAGEOUS4HISISASUPERBOPPORTUNITY ADVANTAGEOUS4HISPOSITIONWOULDSUITACANDIDATEWHO Belfast BT2 7GA. TOJOINAVIBRANTlRMTHATOFFERSGREATWORKINGCONDITIONSAND ISLOOKINGFORAlRMWHERETHEYCANGROWANDDEVELOP Tel: 028 90573573 BOOKING FORM (TEAMS OF FIVE) LUCRATIVEBENElTSPACKAGE3UITYRS 01%2EF 3UITYRS 01%2EF E Mail: [email protected] 1. (Captain) #ONVEYANCING3OLICITOR #ONVEYANCING,ITIGATION3OLICITOR * All Solicitors aged 36 or under are automatically Name: "ELFAST 5PTOaK #O$OWN 5PTOaK /URCLIENTISAMEDIUMSIZEDPRACTICEWITHANEXCELLENT (IGHLYREPUTABLESOLICITORSPRACTICEWITHASUPERBREPUTATION members of the NIYSA. Firm: REPUTATION4HISYOUNG THREEPARTNERlRMHASSUPERB WISHESTORECRUITANEXPERIENCED3OLICITORWHOCANTAKE Contact No: CONTACTSINTHEBUSINESSCOMMUNITYANDACTSFORANUMBER ONABUSYANDFOREVERGROWINGWORKLOAD4HISISAN BOOKING FORM OFTHELARGESTPROPERTYDEVELOPERSIN.ORTHERN)RELAND IDEALOPPORTUNITYFORA3OLICITORWHOHASGENERALPRACTICE 2. Name: 4HISlRMOFFERSANEXCELLENTCAREERFORANAMBITIOUS EXPERIENCEANDISLOOKINGFORANOPPORTUNITYTOJOINA NAME Firm: SOLICITORWITHASTRONGKNOWLEDGEINTHE#ONVEYANCINGlELD PROGRESSIVElRM#AREERADVANCEMENTISENCOURAGED 2EF 3UITYRS 01%2EF FIRM 3. Name: ADDRESS (DX if possible) Firm: &ORMOREDETAILSPLEASECALL/RLA3TEWARTAT02',AW3EARCHON 4. Name: OREMAILORLASTEWART PRGLAWSEARCHCOM Firm:

5. Name: E-MAIL ADDRESS /&&)#%3)."%,&!34 ',!3'/7!.$%$)."52'( Firm: TEL #ALLUSTODAYON OR E-MAIL ADDRESS: NUMBER OF PERSONS ATTENDING WWWPRGRECRUITMENTCOM

I ENCLOSE REMITTANCE OF £ I ENCLOSE REMITTANCE OF: £40.00 0ROFESSIONAL2ECRUITMENT'ROUP,IMITED TRADINGAS02' ACTSASBOTHAN%MPLOYMENT"USINESSANDAN%MPLOYMENT!GENCY 34 35 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI Law Centre (NI) IMMIGRATION - Free movement of workers and the right to bring non-EEA family members to the UK - Part 1

This article by immigration solicitors 2004, excluding Malta and Cyprus, do not EEA citizen pursing effective and genuine A broad definition of worker This is an interesting and dynamic area Fidelma O’Hagan and Ellen Weaver, enjoy the benefit of full EEA rights during activity in the other Member State, it is of law which is open to imaginative TO ADVERTISE which will be published over two editions, the twelve month registration period under irrelevant whether the couple moved to European Regulation 1251/70 provides applications by lawyers and creative aims to explain the rights of European the Workers’ Registration Scheme2. the other Member State specifically with a a broad definition of the term ‘worker’ decisions by the ECJ. While Member IN THE WRIT... Economic Area (EEA) citizens and non- view to obtaining the benefits of the rights and this is reflected in EEA Regulations States may apply a restrictive approach EEA family members. Part 1 sets out To be able to benefit from the associated conferred by Community law. Reg.11 of 5 (2) & (3) which includes people who to the definition of the term ‘worker’, the If you wish to advertise in the Writ which EEA citizens qualify to have their rights of free movement, EEA citizens the EEA Regulations expressly deals with are permanently unable to work because task of the ECJ is to give full effect to the please contact Karen Irwin for rates, non-EEA family members reside with must be outside of their country of this point. However, Akrich also held that of industrial injury or disease. The latter rights of EEA nationals by providing clear specification and copy deadlines at: them. Part 2, to be published January/ nationality. However, it is important if the non-EEA family member was not are defined as EEA nationals who have interpretations of European provisions Burnside PR Ltd, February, will define ‘family member ’and to note that the term free movement lawfully resident within the EU then s/he ceased to be employed owing to a in decisions which must be followed by 128a High Street, explain the decision of the European can be misleading as there may be could not rely on Community law when permanent incapacity for work arising out individual States. Holywood Court Justice in the case of Chen & no requirement to actually move. For returning to the UK with her/his EEA of an accident at work or an occupational BT18 9HW Zhou1 and the recent amendments to the example, a dual Irish/British citizen citizen partner. disease entitling them to a state disability In the second part of this article, we UK Immigration Rules. resident in Northern Ireland can elect to pension. In this category there is no length will look at the rights of non-EEA family Tel: 028 9042 8899 rely on her/his Irish citizenship even if s/he Accordingly, the EEA Regulations of residence requirement. The definition members and the effect of the decision of Fax: 028 9042 8877 As a member of the European Union, the has never lived outside Northern Ireland. were amended to insert Reg.11(2)(b) also includes EEA nationals who have the ECJ in the case of Chen and Zhou on Email: [email protected] United Kingdom recognises the right of The nationality laws of each Member to this effect. However, this was an been continuously resident in the UK for the domestic immigration rules. ‘free movement’ for workers provided by State must be recognised by the other unexpected opinion of the Advocate at least two years and who have ceased European Directives and Regulations. The EU States3. General in that this issue was not to be employed owing to a permanent purpose of these provisions is to enable put to the parties at any stage during incapacity for work. Footnotes EEA citizens to move from one Member Although most States accept their the proceedings and it conflicts with 1. Case C-200/02 [2004] State to another in order to seek work citizens holding dual nationality, there previous decisions of the ECJ. Cases decided by the ECJ have 2. For a full discussion of this without hindrance. One such hindrance are exceptions and this should be expanded the definition of ‘worker’ further see The Writ June 2004. would be the requirement that the checked for each country in question. Unsurprisingly, reference has been made and include the following categories: 3. Case C-369/90 [1992] worker’s family members must go through Clearly, in relation to the UK and Ireland, to the ECJ for clarification of the decision 4. Case C-370/90 [1992] what can be quite lengthy and onerous it is lawful to hold citizenship of both in Akrich in Case C-1/05 Jia. work seekers who can demonstrate 5. Case C-109/01 [2003] domestic immigration procedures in order EEA Member States and therefore both that they are involuntarily 6. Case C-292/89 [1991] to qualify for permission to enter a State. passports. The EEA citizen can elect to Qualified persons unemployed6; rely on either citizenship. 7. Case C-53/81 [1982], Case 75/63[1964] These regulations have particular In order for an EEA citizen to be entitled to people who are employed on a 8. Case C-139/85 [1986] relevance in Northern Ireland Those who hold single British citizenship bring her/his non-EEA family member to part-time basis7; 9. Case C-196/87 [1988] because of the large proportion of the and have never been outside of the UK the UK to reside s/he must be a ‘qualified population which has both Irish and cannot benefit from these rights while person’. Reg.5 of the EEA Regulations people who take a job for the British citizenship by birth. in the UK. However, British citizens can defines a ‘qualified person’ as an EEA purpose of fulfilling the requirements CPD training benefit from Community law provisions if national who is in the UK exercising Treaty of the EEA regulations so long as at Law Centre (NI) Free movement they have returned from exercising treaty rights as: the work is not merely marginal rights in another EEA Member State. and incidental; Belfast 4 The European Economic Area This is known as the Surinder Singh a worker; Welfare Rights Adviser Programme ...... 24 January – 28 March 2006 (Immigration) Regulations 2000 [‘the principle, following the decision in this a self employed person; people who have a low income, Current Issues in Community Care ...... 12 January 2006 EEA Regulations’] give effect to certain case in the European Court of Justice. a provider of services; even if it is so little that it is not Social Security for Lawyers ...... 26 January 2006 provisions contained in European Here the ECJ held that where a British a recipient of services; sufficient to live on8. However, Directives and Regulations by confirming citizen has exercised Community rights a self-sufficient person; the work must be ‘genuine and Derry rights of residence in the UK for non-EEA in another EEA country and returns to a retired person; effective’ and remuneration is Current Issues in Community Care ...... 18 January 2006 family members of EEA citizens. These the UK with non-EEA family members, a student; essential, although it may be in Social Security for Lawyers ...... 15 February 2006 are distinct from those rights derived the British citizen and the non-EEA family a self employed person who has kind, rather than for money9. from UK domestic Immigration Rules and members retain their right to benefit from ceased activity; or There is no requirement that the For more information, contact Training Department, legislation. It should be noted that citizens EU law provisions. Furthermore, in the in certain circumstances, the family work be ‘commercial’ in nature, Law Centre (NI) 028 9024 4401, textphone 028 9023 9938. of the eight accession countries (A8) case of Akrich5 the ECJ held that, subject member of a self employed person voluntary sector or public service which joined the European Union in May to the marriage being genuine and the who has died. work does count for EEA purposes. 36 37 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Age-related payments Changes to the Disability Discrimination Act 1995

Age-Related Payments for those aged The Age-Related payment is available to 2005. People cannot qualify for both The Disability Discrimination Act (3) The concept of direct its membership services. Examples 65 or over are now available. people who reach the required ages on Age-Related payments. 1995 (DDA) brought in measures discrimination has been introduced of trade organisations are the Royal or before 25 September 2005. If people to prevent discrimination against to join disability discrimination, failure College of Nursing; the Law Society The Government is making two do not receive an Age-Related Payment Those not eligible will include people disabled people in a range of areas to make a reasonable adjustment and the Institute of Carpenters; payments this year to help pensioners by Christmas but think they qualify aged under 70 who are in receipt of including employment or when seeking and victimisation. with their rates bills or other living for it, they should contact the Social the guarantee credit element of employment. Qualification Bodies - such as the expenses. Pension Credit. (4) There is now a freestanding Law Society and the General Medical The Government Since 1st October 2004 there have definition of disability Council - will, for the first time, have • People aged 65 or over and not is making two People getting the guarantee credit been substantial changes to the law in harassment comparable to race much broader responsibilities under in receipt of the guarantee credit payments this year to element of Pension Credit should be relation to employment and occupations and sex. the DDA in relation to the awarding of element of Pension Credit, could eligible for Housing Benefit. People who and for trade organisations and qualifications. receive £200 per household to help help pensioners with have not applied for Housing Benefit qualification bodies, which are listed (5) Other occupations such as with rates. their rates bills or should contact their local council. below (Part II of the DDA). barristers, partners in firms, A disabled person’s prospects of • People aged 70 or over and in receipt other living expenses people on vocational work getting work, or of progressing in of the guarantee credit element of People who have questions about (Please note: there were also substantial placements, contract workers a career, may be affected by their Pension Credit, could receive £50 to Security Agency. All claims for these Age-Related payments should call the changes to the law brought in in and office holders are covered by ability to obtain a professional or trade help with their living expenses. payments must be received by 30 office that normally pays their benefit, October 2004 in relation to Part III of the legislation for the first time. qualification. March 2006. or call the helpline on 08459 151515. the DDA – Access to Goods Facilities People who are eligible for one of these and Services. A separate Code was payments should receive it automatically The amount of Age-Related payments Further information is also available launched in relation to these changes in Code example for Barristers with their Winter Fuel payment. people are eligible for depends on at the Department for Social October 2003). A solicitor who does not know Payments will be made throughout their age and circumstances during Development’s website at that a particular barrister is November and December. the qualifying week 19-25 September www.dsdni.gov.uk There are now two new Codes, disabled instructs this barrister replacing the original Codes, which in a case. The solicitor, on were issued in 1999. realising that the barrister is ADVERTISEMENT disabled, passes the brief to Employment and Occupations Code another barrister. This is likely to be unlawful. This Code of Practice provides practical advice on how to prevent discrimination against disabled people seeking or theWrit already in work. Trade Organisation and Examples of qualifications that Qualification Bodies Code could count as professional or trade The key changes are as follows: qualifications under the Act are: COPY DEADLINE This Code of Practice gives practical HGV driving licences, City & Guilds; FOR JANUARY EDITION (1) That all employers (bar the armed guidance on how to prevent registration with the Nursing and forces) are now covered. Small discrimination against disabled people Midwifery Council. 6 JANUARY 2006 businesses will be affected by this by trade organisations and qualifications and help to secure the future of law for the first time. Prior to the 1st bodies and describes their duties. The If you would like a free copy of either Editor: John Bailie. Northern Ireland Hospice Care October 2004 only employers with way in which vocational qualifications the code of practice for Employment 15 or fewer employees had duties are awarded is covered by the DDA for and Occupation and the code of Twenty years ago Hospice cared for 98 patients. This year under the DDA. Therefore today the first time. practice for trade organisations and Published by the we will care for over 2,500 patients and their families over 90% of employers in NI who qualification bodies, you can contact Law Society of including 250 life limited children. did not previously have duties under Trade organisations and Trade Unions the Equality commission by either the DDA now do so. will have broader duties under the DDA telephone 028 90500600 Northern Ireland, With your support, imagine how many more people we than at present. could care for over the next twenty years. 98 Victoria Street, (2) That people working in the Fax: 028 90 248687 Belfast, BT1 3GN To help secure our future with a gift in your will contact uniformed Fire, Prison and Police A disabled person’s prospects of E-mail: [email protected] the legacy officer on 028 9077 8898 or write to us at services are protected by the DDA getting work, or of progressing in The views expressed are not 74 Somerton Road, Belfast, BT15 3LH. for the first time. Civilian workers a career, may be affected by their We are grateful to Una Wilson, necessarily those of the Law within these organisations were ability to become a member of a trade Promotion and Education Officer at Society of Northern Ireland. www.nihospicecare.com already protected by the DDA. organisation or to take advantage of The Equality Commission for this article. It’s a special way of caring Charity No. X.N. 45696 38 39 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

ADVERTISEMENTS APPOINTMENTS 5 jurisdictions, 4 peaks, 3 hours sleep, 2 days and 1 hangover HEART TRUST FUND (ROYAL VICTORIA HOSPITAL) Slieve Donard RESIDENT 852 metres - 3hrs 2 mins MAGISTRATES The main object of this established and registered charity is the support and Snowdon furtherance of the vitally important treatment, both medical and surgical, 1085 metres - 3hrs 57 mins provided for patients in the Cardiology Centre in the Royal Victoria Hospital Scaffell Pike Her Majesty the Queen has Belfast, and the equally important work of research into heart disease carried 978 metres - 4hrs 58 mins appointed the following persons as on there. The charity is authorised to use its fund to provide that support, or Ben Nevis part-time Resident Magistrates in achieve that furtherance when, (but only when) public funds are not available, 1344 metres - 5hrs 47 mins Northern Ireland:- or are insufficient, for the purpose.

The Royal's splendid record in the fight against heart disease is too well known As I had promised my family and myself Ms Rosalie Joy Prythrech to need advertisement, and by an immediate cash gift or a legacy or bequest that I wasn’t going to put my body Mr William Gregory McCourt to this charity in your will, you can help directly to reduce the grave toll of through another Ironman this year, I was suffering and death from this disease in Northern Ireland. The grim fact is looking for some kind of challenge which Both Ms Prytherch and Mr McCourt that the incidence of coronary artery disease in Northern Ireland is one of the would allow me to go on holiday feeling I were sworn into office before Sir highest in the world. had accomplished something, other than Brian Kerr, the Lord Chief Justice of The administration of the charity is small and compact and the trustees are participating in the daily struggle otherwise Northern Ireland, on Thursday 27 careful to ensure that its cost is minimal. As a result donors and testators can be known as “The Solicitor’s Life”. October 2005. assured that the substantial benefit of their gifts and bequests will go directly to advance the causes of the charity. I remember the “Four Peaks”. Apparently These are the first part-time Further details about this charity and its work will gladly be supplied by the I had ticked it off nine years ago but had appointments to the Resident Secretary, The Heart Trust Fund (Royal Victoria Hospital), 9B Castle Street, forgotten all about any pain associated Magistracy in Northern Ireland. Comber, Co. Down BT23 5DY. Tel: (028) 9187 3899. with it. I seem to remember it was a lot my rucksack – it was a bit like going into bus feeling very smug and very clean. (Registered Charity No. XN52409) of fresh air, with a little bit of gentle hill Petty Sessions with Law books i.e. it was As we set off across the border into Ms Prytherch and Mr McCourt will (Inland Revenue Gift Aid Scheme Code EAP76NG) walking. I was also hoping to raise a few just extra baggage. our second jurisdiction I realised that I work three days each a week. quid for the much needed work of the desperately needed sleep because our Ulster Cancer Foundation. We hit the wall (not the metaphorical one) second peak, Snowdon in Wales, was but the one which signifies that you turn waiting for us at 11.00pm after a boat trip D-Day quickly dawned i.e. 4.00am on right – and up… We were soon in the from Dun Laoghaire to Holyhead. It was the Thursday when a very comfortable mist, where we bumped into Ed Smith, still daylight at 9.00pm as we entered our Chambers bus took us from the Maiden Head of BBC NI Sport, who was not only third jurisdiction – the Principality. We City to Belfast to pick up the main doing the event, but lugging a camera crossed the Menai Straits to Snowdonia contingent - then it was off to sunny with him and filming the antics of the rest and to the pretty town of Llanberis. We Newcastle. I was about to start the event of us. registered for the second peak and were (a) fatigued, (b) with a bad back and (c) duly given our “packed lunch” at 11.00pm suffering from asthma. We gazed up After hitting the summit and having the There is something slightly weird about in awe through the clouds at our first obligatory photos taken, surely it would being given a cheese sandwich, lucozade, objective – Slieve Donard, Northern be an easy downhill stroll to the first an energy bar and Nobbys Nuts as Ireland’s highest peak at 852 metres. finish line. I suddenly realised that going “lunch” as midnight approached, but we TO ADVERTISE down was even more painful than going were suitably grateful and headed off up IN THE WRIT... By this stage there are 100 of us. We up – you had to break your stride and the mountain. are to pick up the other 100 on the other use the quads much more. Maybe I If you wish to advertise in the Writ side of the Channel. My good friend Mark would get used to the pain I mused….. Wales’ finest hour – other than Gavin please contact Karen Irwin for rates, Kinkaid, of Fisher and Fisher has kindly I then realised there was as much Henson’s waxed legs – must undoubtedly specification and copy deadlines at: sacrificed a few billable hours to join me chance as the Bar Library voting to pay be the lofty peaks of Snowdon. Although for the first peak. the disbursements of their instructing it starts with a tarmac road, it ascends Burnside PR Ltd, solicitors as there was of my body thinking into a rough path and an inexorable 128a High Street, We had been warned that although it was that this amount of pain was normal. We steady climb. Potential disaster struck Holywood 18°C at the bottom, there was a wind chill hit the bottom of Slieve Donard. One when my trusty head torch decided to BT18 9HW factor of minus 2 °C at the top with 50 down, three to go. pack it in. Of course it was a “sine qua Tel: 028 9042 8899 mile an hour winds. By half way up the non” of the trip that you had to have a fully Fax: 028 9042 8877 first peak, with my pulse racing, I realised Mark had arranged for me to grab a quick working head torch, so I made sure I was Email: [email protected] I was carrying far too much clobber in shower in Newcastle, so I reboarded the with lots of other ‘head lit’ walkers when 40 41 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

we passed the yellow coated ubiquitous jurisdiction. Very soon, we were climbing garments, into the clear cool waters in the hope that they remained at base marshals - for once I was content to very high, very quickly. After an hour we of a very welcoming river. The relief of camp for some static prey. exist in the shadows and not bathe in came across guys with an unenviable Mafeking was as nothing compared to the the spotlight…. At about 1.30am on job - they were building a footpath - the relief that the Jack body felt. The body of course is naturally tired at Friday we scaled the dizzy heights and fittest stone masons in the country. The 2.00am. We were facing a 6 or 7 hr hike congratulated each other. top of Scaffell Pike was guarded by Fortunately or unfortunately there was a when all you wanted to do was curl up very steep and very nasty rocks – about pub while we waited for the bus – a pint and resemble a somnolent Judge after The euphoria of the summit is always as welcoming as the Michael Jackson of Stella never tasted as sweet. I may a few ports and a heavy lunch. It was replaced by the plod of the descent. Defence Team was to the Chandler love the smell of Napalm in the morning, hard to get going. Ben Nevis has a fairly However on the way down as we looked Family. Each of these myriad of boulders but the smell of a pint of Stella after your brutal first 1½ hrs and then it begins to round a full moon emerged from behind was potentially a broken ankle. They third mountain is even more welcome. open up and reveal its majestic splendour. the clouds and bathed Northern Wales in seemed obtuse, cussed, and determined There follow 8 or 9 switch backs as you the most beautiful light. to wreak revenge on some unsuspecting Back on board the first bus to leave (of climb even higher before you mount a and very tired limbs. Concentration levels course) we started the long jaunt across plateau the size of a football pitch. A You can get away without a head torch here had to be 100%. the border to our 5th jurisdiction and our marshal’s dog (surely one of the fittest for so long but my luck ran out and about 4th peak. We crossed the border into the in the animal kingdom) was paying an 3.00am I took a big tumble. I was lying The top of Scaffell Pike came as welcome lands of Sheriffs and Procurator Fiscals unreasonable amount of interest in my on the ground like a ‘stranded turtle’ with relief but the feeling of relief was soon and “Not Proven” verdicts - I wondered dodgy cheese sandwich and I had to my rucksack on my back, with my feet replaced by the jarring realisation of the if my attempt to climb the UK’s highest break off bits of it and threw them behind pointing up the mountain and my head potential treachery of the way down. mountain would end up “Not Proven”. me and then sprint. I then thought we downwards – I had escaped with a few We were facing the most forbidding of all saw a lake which was at an angle – was cuts and bruises and swollen fingers – it The weather on Scaffell was like a of the 4 Peaks, Ben Nevis which claims I going mad? - or was this an optical certainly woke me up and the adrenaline Mediterranean day, being unseasonably several deaths every year, particularly in illusion? When we reached it, it turned rush kept me safe until we reached hot in the mid 20’s. The rucksack which bad weather. out to be one of three stretches of snow ground level. was carrying rain gear, extra gloves, – in the middle of June! We had been woolly hats, coffee flasks etc. felt as heavy Our bus was like the Tardis (which warned not to stand on the snow on the By this stage it was 3.00am and I was as the sound of a tax bill arriving at the unlike its name sake seemed a hell of edge of the gullies as they had claimed drenched in sweat – it was a bit like end of January. Very soon I had the same a lot smaller on the inside when it was many lives over the years. being in front of Mr Justice Gillen when constant drip of sweat off my forehead festooned with rucksacks, climbing gear, you hadn’t filed some important Affidavit. which was only achieved at home at 20 packed lunches and empty Nobbys Nuts It was with a deep sense of sadness Unlike his court however there was a very miles an hour on the bike on a hot day. I packets). Very soon it was time for the that we came to the Peace Cairn at handy river near the finish line so there was secretly pleased that I had weighed last jaunt. This was “The Big One”. The the top of British Isles highest summit. was a quick bit of ‘skinny dipping’ in myself before I left and I felt sure I would toughest peak of all was reserved for There was to be no more climbing - it the cool, cool waters of Northern Wales sweat several extra kilos off. when your energy levels were at their was nearly over. It had taken 3 hrs 30 - I emerged shaken, not stirred. The lowest. It was dark – we were meant to minutes to make it. We took our last offending sweaty clothes were binned The descent of Scaffell was accompanied start at midnight, but we were delayed. photos and headed down by this stage (hey, the alternative was to carry them on by the usual gasps of pain as the thighs It was now 1.30am. Nine people were wearing all our warm gear. We had seen my back to the top of the next peak and protested under the strain of the constant too knackered and stayed on the bus. It lichen which was green and completely attract even more flies). braking. We passed by the toiling stone- suddenly seemed a very tempting option. unpolluted on the rocks of the top of all masons, still as cheerful and skilled as of the mountains. The air up here was I made it onto the first bus i.e. I was ever. The valley eventually reappeared It was time for fear or flight. Are you a the freshest around. amongst the first 50 people up and down. God bless the air conditioning system on sustenance of food later but your throat and we had a quick sprint for the line man or a mouse Pete? (put down that This was a quiet source of pride. There the coach! and stomach don’t wish to know about – 4 hrs 58 mins of sweat, toil and…no piece of cheese and we will soon find On the way down it was like Paddy’s were 200 people taking part and 4 buses Lancaster’s version of an Ulster Fry. tears, just a sore stomach from all of out). We reluctantly strapped on our market. The place was as busy as and it was an unwritten rule that everyone I didn’t need much invitation to try to the laughing at the shared sacrifice and ruck sacks with heavy hearts and aching the Recorders’ Court the week before wanted to be in the top 50 and get on sleep. For two blissful hours I was out of Back on board and up through the Lake suffering of the previous 5 hrs. limbs. As we registered for the start we Christmas for payments out for minors. the first bus to leave. I duly ran onto the it, only to be startled by the coach driver District for some torturous twisty roads were joined by the bane of the Scottish We found out that there were over bus, even smugger and cleaner than after announcing that it was breakfast time…. which eventually took us to the foot of Knowing that the nearest shower was Tourist Industry – about a million midgies 4,000 registered walkers, all putting Donard. There were 49 other people on I am sure Lancaster Services on the M8 England’s highest peak – Scaffell Pike. a long way away in terms of time and who seemingly had been waiting all night themselves through hell – but hey, it was the bus. However, none of them had had at 5.45am has some redeeming features, We clocked in at 9.00am and started distance, I dashed over a fence with to come and gorge on our Nobbys Nuts like heaven on the way down as the the benefit of a refreshing river experience but quite frankly I couldn’t think of any. the daily routine – if it’s Friday, it must the dexterity of a skilled Court Room enriched blood. They were everywhere. clouds parted and we saw wonders not in the medicinal waters of Snowdonia. Your body knows that it will need the be England. We were in our fourth Advocate and divested my sweaty It was a great incentive to get moving fast witnessed earlier. 42 43 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Over £22,000 raised for CLIC Sargent

I staggered home and looked forward to Further to an initiative from John in conjunction with Northern Bank held standing on the scales. Surely 18 hrs of McGettrick of Flynn and McGettrick a “Shake ‘til you Flake” night at the toil, 1,000 miles of travel, snatched cheese Solicitors, the Society decided to adopt prestigious Spring and Airbrake night sandwiches and 3 hrs sleep would mean I Sargent Cancer Care for Children (now club on Friday 18th November. Music had lost a few kilos? CLIC Sargent) as its sponsored charity for was provided by Liam Barr and local 2005. We are delighted to report that the bands Legal Tender, Ten Feet Deep and I couldn’t believe it – the scales don’t lie, I Society’s fund-raising efforts for the year Big Wheel. The turnout was tremendous 4HE,A W3OCIET OF.ORTHERN)RELANDY had actually put on a kilo. As the man in have resulted in a cheque for £22,072.05 and with the help of a donation of £5000 the dock often says, “There is no Justice”. being presented to the charity. from the Camelot Foundation the sum of £12000 was raised from this one event. IN CONJUNCTIO by PETER JACK NWITHTHE .ORTHERN"ANK A number of different Thanks are due to all who supported events to raise money these events throughout the year, to those 0RES P. S . who made donations, sponsored prizes, º- >Žiʿ̈ÊENTS Thanks to my colleagues for their had been organized paddled boats, played music or simply ÊÊÊÊ charitable donations resulting in over throughout the year turned up to enjoy the fun. Ê9œÕʏ>Ži°°°» £600.00 being raised for the Ulster 3PR ÊÊÊ ING! /RME IRBRAKE &RID AU!VE AYT NUE " Cancer Foundation. Most generous A special word of thanks however is H.OVE ELFAST MBER AT PM was Gavin Campbell of Campbell A number of different events to raise due to Janet Patterson of the Camelot $RESSINFO RMA 4ICKE L Fitzpatrick and the most astute money had been organized throughout Foundation, to Joe Donnelly, Chairman TSa 0RO CEEDS 2 TO#,) EGISTERE #3ARGE D#HARITY NT.) Lawyer who correctly guessed my the year, including a raffle at the Annual of the Access to Justice Committee, .O  winning time of just under 18 hrs was Conference in Ashford Castle, a collection to the Northern Bank, to Marsh and to the well deserving Liam Campbell at the Annual Golf Outing and a Dragon those local associations who gave so of Dickson and McNulty, to whom a Boat Race on the Lagan on the third generously in aid of this worthwhile cause. bottle of Bubbly is on its way. Sunday in September. ADVERTISEMENT All money raised goes to assist and Bringing this year’s fund raising to a support children suffering from cancer P. P. S . most successful conclusion, the Society and leukaemia and their families. On my safe return and having Siobhan completed several other challenges including the Tour of Inishowen 106 Donnelly mile bike ride so expertly organised By this stage I thought I had a chance seemed fairly keen on a chat, but after a by Ciaran Hampsen of Campbell of beating the 48 hr barrier since we while the clarion call of oblivion took over Fitzpatrick and also the Seven Safety Lawyer kicked off only 2 days previously and I also and everything faded to black. Seven’s ie The Seven Peaks in the Available for your clients attending speculated on whether I could beat 6 hrs Mournes all over 700 metres, Mark HSE interview under caution for the last peak. Ergo, I started to sprint I tried to party that night but quickly Kincaid presented me with another down the mountain. I reckoned that if crashed and burned. Our odyssey challenge for April 2007. Mark’s idea Inhouse training on I was moving at full speed the midgies was nearly over. The next day, two is that we go and do the toughest - risk assessment in solicitors offices would have at least have to work for their hundred stumbling hangovers very quietly foot race in the world i.e. the - corporate manslaughter breakfast – as it was now nearly 8.00am performed their last heroic climb – up three legendary and infamous Marathon - safety systems We had been on the blatter all night. The steps into our second home ie the bus. Des Sables. This consists of a - stress update nirvana of the finish line mercifully came to This time we slept and before we knew it marathon every day in the Sahara my rescue and I wearily but triumphantly we were back in the Jurisdiction That We when the mercury hits 50°C – where health and safety compliance within crossed it. Love So Well. you carry everything you need for a your company week and where you sleep at night in

The seductive waters of the local river were I had started the 4 Peaks, with fatigue, a the freezing cold desert accompanied expert witness:objective report on of course beckoning me in, so it was off bad back and asthma. Miraculously by only by scorpions and lizards with the stress/bullying investigations with the gear for the final plunge. More Sunday afternoon all had disappeared and smell of camel dung wafting through sweaty gear was binned as I grabbed the they were obviously cured by the palliative, your fetid tent. Surely I would not be Contact Siobhan Donnelly directly at last seat on the first bus back to Glasgow. recuperative and restorative powers of the stupid enough to sign up to this…??? [email protected] As I was in the front seat the bus driver freshest air anywhere in the kingdom. (But just watch this space…) From left: John McGettrick, Janet Patterson (Camelot), Attracta Wilson, or 07810440414 Colleen Shaw and Valerie Cromie (both CLIC Sargent) and Joe Donnelly. 44 45 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Obituary High Court, Court of Appeal and Tribunal Decisions

his alone. Not only did he espouse But law was his other great love. He A complete list of decisions is available on to establish a good arguable case and - application dismissed the importance of a traditional became Bankruptcy Master in 1987. the Law Society Website application dismissed HIGH COURT library service for the profession, he And what a Master he became. It HIGH COURT 21 SEPETMBER 2005 was also a keen supporter of the brought out all his virtues: dignity - IN THE MATTER OF AN APPLICATION 23 SEPTEMBER 2005 WEATHERUP J library modernisation strategy. His because he felt that administration of BY A AND D FOR JUDICIAL REVIEW COGHLIN J contributions at Library Committee the law should be dignified; politeness AND IN THE DECISION OF A HEALTH meetings will be greatly missed. - on thousands of occasions that I AND SOCIAL SERVICES TRUST BRIAN BLAIR AND JOAN BLAIR (AND was in his Court, I never heard him Application for judicial review by applicants ATTORNEY GENERAL’S REFERENCE OTHER INDIVIDUALS INDENTIFIED His political and professional colleague be impolite to anyone, whatever the as parents seeking an order of certiorari No 2 & 3 of 2005 DAVID LAWRENCE IN THE SCHEDULE ATTACHED TO and friend, Sir Oliver Napier, paid the provocation, and there was often to quash decision of Trust removing 2 MAHOOD AND JULIAN MICHAEL THE WRIT OF SUMMONS DATED 17 following tribute to Master Glass at his provocation. He listened quietly, of their children from foster placements CUZNER-CHARLES APRIL 2003) AND AWG RESIDENTIAL recent memorial service: never interrupting. When litigants with relatives of one of the applicants Conspiracy to defraud contrary to LIMITED AND BRENDAN LOUGHRAN, were unrepresented by a lawyer he (A1 and A2), and a declaration that common law. – leave sought by Attorney ENDA LOUGHRAN TRADING AS "Younger members of the profession leant over backwards to explain the Trust’s decision was unlawful. – charges General under s. 36 Criminal Justice BRENDAN LOUGHRAN AND SONS will remember Basil only as the former procedures and allow the person to of wilful ill-treatment of children. – A1 Act 1998 to refer case for review on AND ROSSORRY DEVELOPMENT Bankruptcy and Companies Master. make his case. No one ever went into was prosecution witness in forthcoming the grounds that it was unduly lenient. AND TENSAR INTERNATIONAL But Basil has a long and influential Basil’s Court and felt humiliated and criminal trial against parents and had – offenders had pleaded guilty to LIMITED career as a solicitor, a member of the no one ever left without feeling that at provided witness statement to police. conspiring to defraud corporations, Building dispute. – failure of foundations – whether placement of children with companies, firms and persons as producing significant subsidence His contribution to the legal profession was multi-faceted. A1 constituted risk of adverse influence might invest in company established by rendering residential units uninhabitable on trial. – whether breach of arts 6 + 9 offenders and by dishonestly doing acts and subsequently had to be demolished. MASTER Not only did he have a comprehensive and respected ECHR. – HELD that application dismissed which had the potential to risk investors – defendants authorised the construction BASIL GLASS LLB since there was no breach of art. 6 and money. – whether refusal of application by of a Load Transfer Platform to provide 1926 - 2005 knowledge of insolvency litigation, he dispensed this that there was no procedural impropriety prosecution for confiscation hearing under foundation for the development. - knowledge with a renowned sense of justice and integrity or irrationality on the part of the Trust Criminal Justice (Confiscation) (NI) Order whether defendants as developer were HIGH COURT 1990 was unduly lenient. – HELD that trial negligent in the performance of the Many within the Profession will have Law Society, a public representative least they had a fair hearing, even if 11 OCTOBER 2005 judge’s decision to exercise his discretion consultancy agreement and if so, what been saddened to hear of the recent and at the end of his working life they did not like the decision. GILLEN J not to conduct a confiscation hearing was percentage of the loss they should bear death of Master Basil Glass. – Master. correct and that the sentences imposed by virtue of the net Contribution Clause. Basil had the law and practice of by him were not unduly lenient – damages likely to reach £15 million. His contribution to the legal profession Basil qualified as a solicitor in 1950. insolvency at his fingertips because IN THE MATTER OF THE DIRECTOR SHEIL LJ, GILLEN J, WEATHERUP J – claim for breach of collateral warranty. was multi-faceted. Not only did he He was for a period a partner in the he made it his job to learn it. He OF THE ASSETS RECOVERY 16 SEPTEMBER 2005 – whether breach by defendants of duties have a comprehensive and respected firm of Glass & Lavery and later set expected all lawyers appearing AGENCY AND IN THE MATTER OF COURT OF APPEAL owed under Defective Premises (NI) Order knowledge of insolvency litigation, up his own practice as Basil Glass & before him to know it also. He told GERALD MALACHY KEENAN AND 1975. – whether common law duty of he dispensed this knowledge with Company. He became a household me often in private that he found it TERENCE FERGAL KEENAN AND care. – HELD that responsibility should a renowned sense of justice and name in the profession for his hard difficult to understand the morality CLAIRE MARTIN KEENAN, MICHELLE IN THE MATTER OF AN APPLICATION be allocated between the defendants and integrity during his time as Bankruptcy work, his knowledge of the law and of someone who took the client's ANNE KEENAN, KILCLUNEY BY SAMUEL ANDERSON FOR designers of the LTP upon a 35%/65% Master. Those who appeared before perhaps more importantly his reliability. money to represent him and wasn’t BEVERAGES LIMITED, CORRINA JUDICIAL REVIEW basis, and that defendants did not him knew that he expected the same Basil’s word was his bond. Colleagues prepared to look up the law. Basil will CONFECTIONARY LIMITED, Application for judicial review of Secretary possess adequate expertise to advise high standards of them as he set relied on him. be sorely missed not only by his very MOLDOVA WINES LIMITED AND IN of State’s refusal of applicant’s petition in relation to or effectively assess risks for himself. many friends but by the profession as THE MATTER OF THE PROCEEDS OF requesting a transfer to separated involved He had a great love – politics. He was a a whole." CRIME ACT 2002 accommodation for loyalist prisoners COGHLIN J The Society was privileged to founder member of the Alliance Party – Application on behalf of the first named at HMP Magheraberry. - criteria for 24 OCTOBER 2005 have him serve on the Library and its first Chairman and later its President. We extend our sympathies to his defendant to discharge the Order separation applications. - whether HIGH COURT Information Services Committee He was an elected member of the 1973 wife Mary and family, and in the appointing an interim receiver over applicant was or was perceived to be a since 1987. His commitment to the Stormont Assembly and joint whip to words of John Wilson Q.C. at his property of defendants. – interim receiving member or supporter of a paramilitary profession was evident in his loyalty the Power Sharing Administration of recent memorial service “Basil was a order made on ex-parte application of organisation. - applicant allegedly to this Committee. He attended 1974. He was again elected to the gentleman and a scholar”. Director of Assets Recovery Agency receiving threats. - whether Secretary almost every meeting in his 18 year Constitutional Convention of 1975 under s. 246 Proceeds of Crime Act of State fettered his discretion under service, invariably providing continuity, and was for some years a Belfast City 2002. – sufficiency of evidence. – non- Prison Rules by elevating membership or incisiveness and wise counsel, all Councillor. For some years he was disclosure by Agency. – abuse of process. support for a paramilitary organisation to with a charm and gentility that was deputy Party Leader – HELD that there was sufficient evidence a precondition to separated conditions. 46 47 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

High Court, Court of Appeal and Tribunal Decisions High Court, Court of Appeal and Tribunal Decisions

IN THE MATTER OF AN APPLICATION COUNCIL FOR THE REGULATION defendants permitted to issue third party IN THE MATTER OF AN APPLICATION undercover operations. – if identities and R V CHARLES MALACHY OLIVER BY C, A MINOR, BY HER MOTHER OF HEALTH CARE PROFESSIONALS notice against proposed third parties BY PETER NEILL FOR JUDICIAL appearance were to be revealed, whether POLLOCK AND NEXT FRIEND FOR JUDICIAL V THE NURSING AND MIDWIFERY HIGH COURT REVIEW effectiveness and the effectiveness of Application for leave to appeal sentence REVIEW AND IN THE MATTER OF AN COUNCIL AND CLAIRE MCCONNELL 1 JUNE 2005 Anti-Social Behaviour Order. – challenge further operations jeopardised. – whether for manslaughter of police officer APPLICATION BY A, A MINOR, BY Order sought that decision of Professional COGHLIN J to validity of 2004 Order. – whether personal safety of officers and their operating stinger device. – murder HER MOTHER AND NEXT FRIEND Conduct Committee of the Nursing and Secretary of State failed to give proper families would be jeopardised. – HELD conviction quashed and case remitted to FOR JUDICIAL REVIEW Midwifery Council made in relation to consent to draft legislation. – whether that applications granted trial judge for sentence on manslaughter. Application for judicial review of a decision respondent that no further action should VICTOR MALLEN V DEPARTMENT breach of section 8 of the Northern CROWN COURT – whether trial judge took applicant’s of the Principal of Meanscoil Feirste school be taken be substituted by an order FOR REGIONAL DEVELOPMENT Ireland Act 1998. – duty to have regard to 6 OCTOBER 2005 intention at time of fatality into account. detaining applicants for stealing and that she be cautioned, or alternatively Negligence and nuisance. – failure to need to promote equality of opportunity. HART J – whether judge took guilty plea into being involved in stealing school property. her case be remitted with directions for maintain road and grating in breach of – whether duty broken. – NIO equality account. – whether discount for guilty plea - conflict of evidence in proceedings. - disposal. – circumstances and means by art. 8 Roads (NI) Order 1993. – applicant scheme. – whether breach of scheme. was sufficient. – application dismissed whether there was adequate investigation which a person may be removed from stepped into uncovered gully and fell, – investigation by ECNI. – whether ECNI R V MARTIN DOMINIC PATRICK PIUS COURT OF APPEAL and communication by school. - whether the professional register. – respondent sustaining personal injuries. – whether report legally flawed. – whether ECNI HUME AND JOHN MARIE HUME 27 OCTOBER 2005 disciplinary procedures and penalties found guilty of misconduct in her failure accident happened as alleged by had discretion to carry out investigation. Application for third party disclosure KERR LCJ were adequate and reasonable. - whether to maintain proper and accurate health applicant. – HELD that Department had – whether complaint to ECNI made by a orders which may assist defence. - applicants had legitimate expectation of visiting records. – whether Professional made out statutory defence available to it, party directly affected allegations of sexual offences committed right of appeal. - HELD that no grounds Conduct Committee decision was unduly and action dismissed HIGH COURT by accused. - prosecution’s duty of R V RYAN QUINN for judicial review were established and lenient in not imposing a penalty and that HIGH COURT 7 OCTOBER 2005 disclosure of material obtained from third Manslaughter. – sentencing. – four years applications dismissed members of the public required better 14 OCTOBER 2005 GIRVAN J party disclosure applications. - whether imprisonment. – guilty plea and previous HIGH COURT protection. – HELD that the decision on DEENY J documents should be produced to court good character 28 SEPTEMBER 2005 penalty is manifestly inappropriate and or prosecution in order to decide whether CROWN COURT WEATHERUP J unduly lenient, decision quashed and RE P AND C (CARE ORDERS: disclosure should be made. - whether 10 OCTOBER 2005 remitted to the PCC for reconsideration IN THE MATTER OF PAUL ARTHUR FREEING ORDERS FOR ADOPTION documents disclosed to the defence DEENY J on penalty MAYE AND IN THE MATTER OF THE WITHOUT PARENTAL CONSENT) should also be disclosed to other parties. IN THE MATTER OF AN APPLICATION HIGH COURT PROCEEDS OF CRIME (NORTHERN Application for care orders under art. - HELD that if any of the documents fall to BY STEPHEN CORR FOR JUDICIAL 25 OCTOBER 2005 IRELAND) ORDER 1996 50 Children (NI) Order 1995 and art. 18 be disclosed they should be disclosed to R V ROBERT JOHN BENSON YOUNG, REVIEW WEATHERUP J Order made restraining appellant from Adoption (NI) Order 1987. – whether child both the prosecution and defence LORRAINE YOUNG AND SUSAN Construction Industry Scheme. - Sub- disposing of his assets. – appellant guilty has or is likely to suffer significant harm. BELFAST CROWN COURT FERGUSON Contractors Tax Certificate (STC). - of obtaining property by deception. – threshold criteria for basic physical and 23 SEPTEMBER 2005 Murder. - perverting the course of public application for judicial review of decision GRANSHA HOSPITAL AND STAFF – sentencing adjourned to enable court emotional needs of children. – parental HART J justice. - possession of firearm with intent of General Commissioners of Income SOCIAL CLUB V DAVID CANNING to consider making confiscation order. alcohol dependence. – non-co-operation to endanger life. - whether breach of code Tax rejecting applicant’s appeal against AND JOSEPH MONTEITH TRADING – whether inheritance and settlement of with professionals. – domestic violence. governing interviews under Terrorism Act decision of Inland Revenue refusing the AS MC CONSTRUCTION AND JT action against Chief Constable should – care plan and welfare checklist. – HELD R V HENRY CHRISTOPHER MICHAEL 2000. - entitlement of defendant to legal applicant an STC. - whether there was CROTHERS be considered as assets in certificate of that care orders and freeing orders should MARLEY advice. - whether defendant should have procedural irregularity in that a written Application pursuant to o.16 r.2 giving realisable property. – jurisdiction of court. be granted Application for leave to appeal against agreed in writing to be interviewed without submission prepared by the Inland leave to first named defendant to issue – appellant appealed against refusal of HIGH COURT conviction of causing death by dangerous a solicitor in attendance. - admission of Revenue was allegedly furnished to the third party notices joining proposed application to set aside certificate and 11 OCTOBER 2005 driving, dangerous driving and driving confession evidence. - circumstantial Tribunal without notice to the applicant. third parties to the action. - defective refusal of leave to appeal. – definitions GILLEN J whilst disqualified. – whether evidence evidence. - standard of proof for - whether Tribunal had erred and failed to building works . – negligence to make of “property”, “amount that might be was safe. – whether judge was wrong to conviction. - HELD that prosecution had give reasons for dismissal of applicant’s good defections plus loss of profits realised” and “realisable property”. have refused application to visit locus of established beyond reasonable doubt that appeal. - whether decision unreasonable. accrued while club was closed pending – appeal dismissed R V WILLIAM JAMES FULTON, the accident. – whether verdict unsafe. all defendants were guilty of most charges - HELD that decision of Tribunal quashed repairs.– third parties were personal COURT OF APPEAL MURIEL GIBSON, RAIN LANDRY AND – whether judge was right in his refusal against them on the basis of procedural irregularity and representatives of deceased who was 14 OCTOBER 2005 TALUTHA LANDRY of a direction of no case to answer. CROWN COURT appeal ordered to be reconsidered by an architectural technician who prepared NICHOLSON LJ, CAMPBELL LJ, Application by prosecution seeking – application for leave to appeal dismissed 3 JUNE 2005 differently constituted Tribunal contract documents and administered the HIGGINS J orders that undercover police officers give COURT OF APPEAL HIGGINS J HIGH COURT contract. – whether delay and prejudice evidence screened from public, but not 18 OCTOBER 2005 21 SEPTEMBER 2005 resulting from death of deceased. – HELD the defence or legal representatives, and KERR LCJ WEATHERUP J that any prejudice accruing to the potential that the officers retain their pseudonyms third parties in their defence of the third by which they are known to defendants. party proceedings had already occurred – tape recordings of conversations. prior to the delivery of the defence and – all officers except one still involved in 48 49 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI High Court, Court of Appeal and Tribunal Decisions Library Update

IN THE MATTER OF AN APPLICATION EUGENE ANTHONY BEGGAN AND ROBERT PAUL V CHIEF CONSTABLE FOR JUDICIAL REVIEW BY TP A PATRICK MONAGHAN V MCALOON OF THE POLICE SERVICE OF Recommended Reading MINOR BY HIS FATHER AND NEXT CONSTRUCTION LIMITED NORTHERN IRELAND FRIEND 269/05IT, 20 SEPTEMBER 2005, Unlawful, direct or indirect discrimination. PYE AND ADVERSE POSSESSION Application for judicial review of INDUSTRIAL TRIBUNAL - claimant was police inspector who was J A Pye (Oxford) Ltd was the registered owner of a plot of 23 hectares of agricultural land valued at 21 million pounds. The owners of the property adjacent decisions of the Youth Justice Agency Whether claimants were contractually placed on the reserve list for recruitment of to the land Mr and Mrs Graham occupied the land under a grazing agreement until December 1983. At this time they were instructed to vacate the land that applicant, while on remand at a entitled to holiday pay for the Christmas Chief Inspectors within the PSNI. - practice but they did not do so. From September 1984 until 1999 the Grahams continued to use the land for farming without the applicant’s permission. In 2000, Juvenile Justice Centre, be detained in period 2004. - claimants were of “borrowing” of officers from the UK to the High Court held that since the Grahams enjoyed factual possession of the land from January 1984 and adverse possession took effect from September the Intensive Support Unit for 5 months. unrepresented and did not attend. - help fill skills deficit in detective work left 1984 the applicants had lost their title to the land and the Grahams were entitled to be registered as the new owners. The applicant appealed successfully - whether decision unlawful and in excess claimants ceased to accrue paid annual by the Patten Report and help streamline but their appeal was overturned by the House of Lords on 4 July 2002. On 15 November 2005 the case was heard in the European Court of Human Rights of powers of supervision and control leave when their employment ended in operations. - applicant attempted to apply and it held that there had been a violation of Article 1 Protocol No. 1 (protection of property) to the European Convention on Human Rights 1950. conferred on the Agency by the Juvenile October 2004. - Tribunal did not have for post but told only transferees from other (summary of a press release from the European Court of Human Rights website) Justice Centre Rules (NI) 1999. - whether jurisdiction as claims were outside 3 police forces would be accepted. - whether in breach of s.6 Human Rights Act months time limit. - Claims were dismissed this was discrimination on the grounds of Caselaw Legislation 1999 and arts 5 + 8 ECHR. - whether national origin. - whether the respondent Agency acted unreasonably. - HELD that MARY GREW V THOMAS GILPIN T/A applied a condition or requirement to the J.A. Pye (Oxford) Ltd V. The United Kingdom European Convention on Human Rights 1950 Protocol 1 Article 1 Agency failed to advise applicant and his GILFRESH PRODUCE claimant and if so, when such a condition European Court of Human Rights Judgment – 15 November 2005 http://www.hri.org/docs/ECHR50.html father about, or provide copies of, the 37/03FET , 12 OCTOBER 2005 , FAIR or requirement was imposed. - whether http://www.echr.coe.int/echr Complaints and Representation procedure EMPLOYMENT TRIBUNAL condition was imposed other than to Protocol 1 - Enforcement of certain Rights and Freedoms not and that ongoing detention of applicant in Applicant claimed constructive dismissal, discriminate on proscribed grounds. Beaulane Properties Ltd v Palmer included in Section I of the Convention 2005 EWHC 817 ISU was not a proportionate response to religious discrimination, sex discrimination - whether conditions were proportionate http://www.bailii.org/ew/cases/EWHC/Ch/2005/817.html ARTICLE 1 threats originally made by applicant and victimisation. - applicant was the sole and necessary. - tribunal decided that the

HIGH COURT female operative and complained that bad claimant was not unlawfully discriminated Both cases are available from the library Every natural or legal person is entitled to the peaceful enjoyment of his 29 SEPTEMBER 2005 language and sexual discussions made against by the respondent on the grounds possessions. No one shall be deprived of his possessions except in the WEATHERUP J her uncomfortable. - applicant resigned of national origins and application Articles public interest and subject to the conditions provided for by law and by the due to stress. - Tribunal found medical dismissed. - respondent ordered to pay general principles of international law. evidence was insufficient and dismissed claimant £750 costs Get off my land! (human rights perspective and recent caselaw including IN THE MATTER OF AN APPLICATION constructive dismissal. - claim of religious 563/03IT 24 October 2005 Pye) The preceding provisions shall not, however, in any way impair the right of BY DAVID TWEED ON HIS OWN discrimination was not established and Higgins: 2005, NLJ 155(7193) 1369-1420* a State to enforce such laws as it deems necessary to control the use of BEHALF AND ON BEHALF OF ALL was dismissed. - in respect of claim for sex DR C WASSON V EASTERN HEALTH property in accordance with the general interest or to secure the payment of OTHER MEMBERS OF DUNLOY LOL discrimination tribunal found respondent AND SOCIAL SERVICES BOARD AND European Convention on Human Rights, First Protocol, Article 1 taxes or other contributions or penalties. – adverse possession – expropriation of property without compensation 496 FOR JUDICIAL REVIEW AND IN unlawfully discriminated against claimant GENERAL MEDICAL COUNCIL 2005, Farm Law, 107, 10-12 Land Registration Act 2002 THE MATTER OF A DECISION OF and awarded the sum of £1861.00. - Pre-hearing review. - whether claimant was http://www.opsi.gov.uk/acts/acts2002/20020009.htm THE PARADES COMMISSION FOR victimisation claim dismissed. a contract worker by the first respondent A search for compatibility with Convention rights (comments on the NORTHERN IRELAND within art.20 Fair Employment and Beaulane case and the doctrine of adverse possession) Application for judicial review of DOMINIC O’DOHERTY V SEAGATE Treatment (NI) Order 1998. - whether the Williamson: 2005, EG, 0518, 143 decision of the Parades Commission’s TECHNOLOGY (IRELAND) LTD first respondent is a person who has power determination that conditions should be 2146/04IT, 26 OCTOBER 2005, to confer a qualification on the claimant * Due to the implementation of the Copyright Directive this article must be ordered imposed on organiser and participants of INDUSTRIAL TRIBUNAL within the ambit of art.25 Fair Employment directly from the publisher proposed public procession. – discovery Unlawful deductions from wages. - whether and Treatment (NI) Order 1998. - claimant of documents referred to in affidavit of claimant suffered unlawful deductions from suspended from General Medical Council Commission Chair. – whether principles his wages when the Respondent withheld for 18 months and could not work as a GP applicable to discovery in judicial review contractual sick pay. - claimant had failed for that period, although he remained on New Books in the Library proceedings were affected by the need to notify the Respondent on a daily basis the medical list. - whether this terminated to determine proportionality in respect of that he was unable to work as required by his arrangement for the provision of general MacDonald: MacDonald’s immigration law and practice. 5th edition. Dickson: The legal system of Northern Ireland. 5th edition. SLS. 2005. Convention rights. – whether discovery his terms and conditions of employment. medical services to his patients. - tribunal Butterworths. 2005 Tolley’s health and safety at work handbook 2006. 18th edition. was in the interests of justice and - Tribunal found that claimant was aware decided that the claimant was not a Young: Money laundering reporting officer’s handbook. 2005. LexisNexis Tolley. 2005. Butterworths. Tolley’s inheritance tax 2005-06. LexisNexis Tolley. 2005. necessary for fairly disposing of issues. of the procedure but failed to follow it. contract worker and that the respondent Goode: Principles of corporate insolvency law. 3rd edition. Sweet & Tolley’s income tax 2005-06. LexisNexis Tolley. 2005. – appeal allowed - Tribunal decided that respondent did not could not confer a qualification on the Maxwell. 2005 Tolley’s corporation tax 2005-06. LexisNexis Tolley. 2005. COURT OF APPEAL act unlawfully in withholding contractual claimant by way of inclusion on the Dod’s parliamentary companion 2006. Tolley’s capital gains tax 2005-06. LexisNexis Tolley. 2005. 7 SEPTEMBER 2005 sick pay and dismissed claim. medical list Department of Finance and Personnel. The Civil Partnership Act 2004: Foskett: The law and practice of compromise. 6th edition. Sweet & KERR LCJ, CAMPBELL LJ, MORGAN J 116/01FET; 19 OCTOBER 2005 Legal recognition for same sex relationships. 2005. Office of Law Reform. Maxwell. 2005. 50 51 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Re: Albert Mitchell Ferris (deceased) Re: Margaret Elizabeth Kenolty Folio: applied for. Folio: Late of: 49 Glenbank Drive, Ballysillan, (deceased) AN 29127 L Eamonn McEvoy & Co DN 105196 Missing Wills Belfast Late of: 11 Beechfield Court, Belfast County: Solicitors County: Date of death: 14 October 2005 BT5 4DY Antrim 22 Church Place Down Would any person having knowledge of Would any person having knowledge of Registered Owner: Lurgan Registered Owner: the whereabouts of a Will for the above the whereabouts of a Will made by the Elizabeth Ann Johnston BT66 6EY Shirley Bickerstaff Re: Andrew Hanna (deceased) named deceased, please contact: above-named deceased please contact: Registered Owner of a Charge: Ref: JMcK/LP Lands of: Late of: Hillview, Knockahollet, County GAH Lockhart Aidan McGrenaghan Abbey National plc Tel: 028 3832 7734 20 Seaview Avenue, Millisle, County Antrim Solicitors Sheridan & Leonard Address of Premises: 42 Bramble Fax: 028 3832 1760 Down Date of death: 18 November 1964 32 Church Street Solicitors Wood, Crumlin, County Antrim BT29 Email: [email protected] Take notice that any person having Would any person having knowledge Antrim 25 Fountain Street 4FG custody of or information as to the of the whereabouts of the Will for the County Antrim BT41 4BA Antrim BT41 4BG Take notice that any person having whereabouts of the Land Certificate above named deceased please contact: Tel: 028 9446 2636 Tel: 028 9442 8271 custody of or information as to the Folio: relating to the above mentioned Folio Leo P McKee Fax: 028 9446 6822 whereabouts of the Land Certificates LY 14078 L should forthwith produce said Certificate Campbell McKee relating to the above mentioned County: or communicate such information to the Solicitors Folios should forthwith produce said Derry undermentioned Solicitors. 19 High Street Re: James McKeown (deceased) Missing Title information to the undermentioned Registered Owner: And take further notice that unless the Ballymoney BT53 6AH Late of: 18 Recreation Road, Larne, Deeds Solicitors. Sarah Jane May Holmes said Land Certificate is so produced Tel: 028 2766 6698 County Antrim BT40 1HA And take further notice that unless the Registered Owner of a Charge: or adequate information as to its Date of Death: 13 November 2005 said Land Certificates are so produced Abbey National plc whereabouts is so communicated within Would any person having knowledge of or adequate information as to their Address of Premises: three weeks of publication of this notice, Re: Jacqueline Brown (nee) Preston the whereabouts of any Will for Folio: whereabouts is so communicated within 68 Shellbridge Park, Coleraine, a duplicate Land Certificate may be (deceased) the above named deceased please 28444 three weeks of the publication of this County Derry, BT52 2HP applied for. Late of: 33 Burnside Avenue, Saintfield contact: County: notice, duplicate Land Certificates may Take notice that any person having K M & Company Road, Belfast BT8 6HW Maureen McGarel Londonderry be applied for. custody of or information as to the Solicitors Date of death: 10 October 2005 MacAllister Keenan & Co Registered Owner: Fitzsimons Kinney Mallon whereabouts of the Land Certificates 30 Church Street Would anyone holding a Will for Solicitors Alexander Robert Bruce Kent and Solicitors relating to the above mentioned Bangor the above named deceased or any 20 High Street Susan Freda Kent 6 John Mitchel Place Folios should forthwith produce said BT20 3HY knowledge of the whereabouts of the Larne Address of Premises: Newry information to the undermentioned same, please contact: County Antrim BT40 1JN 18 Ferndale Avenue, Portstewart, County Down Solicitors. Keenan Solicitors Tel: 028 2827 8844 County Londonderry BT34 2BP And take further notice that unless the Folio: 54 Knockbreda Road Fax: 028 2826 0004 Take notice that any person having Tel: 028 3026 2269 said Land Certificates are so produced 1961 SDL BELFAST BT6 0JB custody of or information as to the Fax: 028 3026 5660 or adequate information as to their County: Tel: 028 9049 3349 whereabouts of the Land Certificate whereabouts is so communicated within Antrim Fax: 028 9049 3500 Re: Thomas Haggan (deceased) relating to the above mentioned Folio three weeks of the publication of this Registered Owner: Late of: 18 Bengore Gardens, Larne, should forthwith produce said Certificate Folios: notice, duplicate Land Certificates may William John Davison (Deceased) County Antrim BT40 2AW or communicate such information to the DN 13504 and 6624 be applied for. Lands at: Re: Catherine Brimelow (deceased) Date of Death: 22 October 2005 undermentioned solicitors. County: Fitzsimons Kinney Mallon 16 Riverdale Park East, Belfast Late of: 7 Fairview Park, Carrickfergus Would any person having knowledge of And take further notice that unless the Down Solicitors Would any person holding or having any Date of death: 16 February 2005 the whereabouts of any Will said Land Certificate is so produced Registered Owner: 6 John Mitchel Place knowledge of the Land Certificate to the Would any person having knowledge made by the above named deceased or adequate information as to its Anneeta Wilson Newry above property please contact: of the whereabouts of the original Will please contact: whereabouts is to communicated within Lands at: County Down Paul M Graham of the above named deceased dated Maureen McGarel three weeks of the publication of this Culcavy BT34 2BP Solicitors 24 December 1979 or any information MacAllister Keenan & Co notice, a duplicate Land Certificate may Take notice that any person having Tel: 028 3026 2269 70 Andersonstown Road as to the particulars of any subsequent Solicitors be applied for. custody of or information as to the Fax: 028 3026 5660 Belfast will or codicil, please contact the 20 High Street Macaulay Wray whereabouts of the Land Certificates BT11 9AN undermentioned Solicitors: Larne Solicitors relating to the above mentioned Tel: 028 9060 3223 Reavey & Company County Antrim BT40 1JN 35 New Row Folios should forthwith produce said Fax: 028 9060 2678 Solicitors Tel: 028 2827 8844 Coleraine Certificates or communicate such Castle House Fax: 028 2826 0004 County Londonderry information to the undermentioned 4-6 Castle Street BT52 1AH Solicitors. Carrickfergus BT38 7BE Tel: 028 7035 2421 And take further notice that unless the Tel: 028 9335 5535 Fax: 028 7035 2425 said Land Certificates are so produced Fax: 028 9335 5588 or adequate information as to their whereabouts is so communicated within three weeks of publication of this notice, duplicate Land Certificates may be 52 53 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Folio: relating to the above mentioned Folio Folios: Folio: Re: Folio: AR 16893 should forthwith produce said Certificate 43843, DN 1665L & DN 3348 LY77032L 36 Benson Street, Lisburn FE 1030L County: or communicate such information to the County: County: Registered Owner: County: Armagh undermentioned Solicitors. Down Londonderry Mary Logue Fermanagh Registered Owner: And take further notice that unless the Registered Owners: Registered Owner: Would any Solicitor holding or having Registered Owner: Edward Duffy (deceased) said Land Certificate is so produced Michael & Gretta Thompson Karen Church knowledge of the whereabouts of the Richard George Cadden & Sharon Address of Premises: or adequate information as to its Lands at: Lands at: title deeds to the above property please Ann Cadden Lands at Faughiletra Mountain whereabouts is so communicated within 85 Ballygowan Road, Hillsborough 32 Castle Park, Eglinton, County contact: Registered Owner of a Charge: Take notice that any person having three weeks of the publication of this Take notice that any person having Londonderry Mr John McNeill Abbey National plc custody of or information as to the notice, a duplicate Land Certificate may custody of or information Take notice that any person having Official Solicitors Office Address: whereabouts of the Land Certificate be applied for. as to the whereabouts of the Land custody of or information as to the Royal Courts of Justice 18 Brackvede Park, Coles Hill, relating to the above mentioned Paul M Graham & Co Certificates relating to the above whereabouts of the Land Certificate PO Box 410 Enniskillen, County Folio should forthwith produce said Solicitors Folios should forthwith produce the said relating to the above mentioned folio Chichester Street Fermanagh BT74 7ND information to the undermentioned 70 Andersonstown Road Certificates or communicate should forthwith produce said Certificate BELFAST Take notice that any person having Solicitors. BELFAST such information to the under mentioned or communicate such information to the BT1 3JF custody of or information as to the And take further notice that unless the BT11 9AN Solicitors. undermentioned solicitors. Tel: 028 9072 4736 whereabouts of the Land Certificate said Land Certificate is so produced Tel: 028 9060 3223 And further take notice that unless the And take further notice that unless the relating to the above mentioned or adequate information as to its Fax: 028 9060 2678 said Land Certificates are so said Land Certificate is so produced Folio should forthwith produce said whereabouts is so communicated within produced or adequate information as to or adequate information as to its Folios: information to the undermentioned three weeks of publication of this notice, their whereabouts are so whereabouts is so communicated within 29513 and 24161 Solicitors. a duplicate Land Certificate may be Folio: communicated within three weeks of three weeks of publication of this notice, County: And take further notice that unless the applied for. 7771 L publication of this notice, a duplicate Land Certificate may be Down said Land Certificate is so produced Fitzsimons Kinney Mallon County: duplicate Land Certificates may be applied for. Registered Owner: or adequate information as to its Solicitors Down applied for. Philip J Smith & Co Ms Catherine Sutton Barry whereabouts is so communicated within 6 John Mitchel Place Registered Owner: Shean Dickson Merrick Solicitors Lands at: three weeks of publication of this notice, Newry John Gerard Malone and Margaret Solicitors 1A Lisburn Avenue Tullyhubbert Road, Ballygowan, Co a duplicate Land Certificate may be County Down Elizabeth Malone 14-16 High Street BELFAST Down applied for. BT34 2BP Lands at: BELFAST BT9 7FX Take notice that any person having Fitzsimons Kinney Mallon Tel: 028 3026 2269 16 Ashgrove Park, Newry, County BT1 2BS custody of or information as to the Solicitors Fax: 028 3026 5660 Down BT34 1QL Tel: 028 9032 6878 whereabouts of the Land Certificates 6-7 John Mitchel Place Take notice that any person having Folio: relating to the above mentioned Newry custody of or information as to the AN 41498L Folios should forthwith produce said County Down Take notice that any person having whereabouts of the Land Certificate Folio: County: Certificates or communicate such BT34 2BP custody of or information as to the relating to the above mentioned Folio AR 95995 Antrim information to the undermentioned Tel: 028 3026 2269 whereabouts of the Title Deeds to the should forthwith produce said certificate County: Registered Owner: Solicitors. Fax: 028 3026 5660 premises situated at 194 Stockman’s or communicate such information to the Armagh Gavin Simpson and Karen Simpson And take further notice that unless the Lane, Belfast, Please contact: undermentioned Solicitors. Registered Owner: Lands of: said Land Certificates are so produced Paul M Graham & Co And take further notice that unless the Andrew Keegan Down or adequate information as to their Solicitors said Land Certificate is so produced Lands at: Take notice that any person having whereabouts is so communicated within 70 Andersonstown Road or adequate information as to its 27 Alexander Avenue, Armagh custody of or information as to the three weeks of publication of this notice, Belfast whereabouts is so communicated within Take notice that any person having whereabouts of the Land Certificate duplicate Land Certificates may be BT11 9AN three weeks of publication of this notice, custody of or information as to the relating to the above mentioned Folio applied for. Tel: 028 9060 3223 a duplicate Land Certificate may be whereabouts of the Land Certificate should forthwith produce said Certificate John Ross & Son Fax: 028 9060 2678 applied for. relating to the above mentioned Folio or communicate such information to the Solicitors The Elliott-Trainor Partnership should forthwith produce said Certificate undermentioned Solicitors. 30 Frances Street 3 Downshire Road or communicate such information to the And take further notice that unless the Newtownards Folio: Newry undermentioned Solicitors. said Land Certificate is so produced County Down 7028 L County Down And take further notice that unless the or adequate information as to its BT23 7DN County BT34 1ED said Land Certificate is so produced whereabouts is so communicated within Antrim Tel: 028 3026 8116 or adequate information as to its three weeks of the publication of this Registered Owner: Fax: 028 3026 9208 whereabouts is so communicated within notice, a duplicate Land Certificate may Maura McIlroy three weeks of the publication of this be applied for. Lands at: notice, a duplicate Land Certificate may be Rodgers & Company 253 Finaghy Road North, Belfast applied for. Solicitors Take notice that any person having Tiernans Solicitors The Bedeck Building custody of or information as to the 7 St Colman’s Park 463-469 Lisburn Road whereabouts of the Land Certificate Newry, County Down, BT34 2BX BELFAST BT9 7EZ 54 55 J OURNAL OF THE LSNI N OVEMBER/DECEMBER 2005 N OVEMBER/DECEMBER 2005 JOURNAL OF THE LSNI

Coleraine Solicitors County Londonderry TO ADVERTISE BT52 1AH Required Closing Date: IN THE WRIT... 6 January 2006 If you wish to advertise in the Writ please contact Karen Irwin for rates, specification Solicitor required for general practice and copy deadlines at: in Glengormley. 2/3 years plus PQE. McGuigan Solicitors, Newry, require a Burnside PR Ltd, Salary commensurate with experience trainee or Newly Qualified Solicitor for 128a High Street, Holywood BT18 9HW Tel: 028 9042 8899 and ability. Partnership opportunity general practice in Newry. Fax: 028 9042 8877 available to successful applicant Applications in confidence to: Email: [email protected] Please apply in writing or telephone: McGuigan Solicitors Susie Ellis 5-7 Lower Catherine Street James J Macaulay Newry PLEASE NOTE: Solicitors BT35 6BE with effect from 1 March 2006 the cost of 22 Carnmoney Road Tel: 028 3026 7939 classified advertising for Missing Wills and Glengormley DX 2057 NR Missing Land Certificates/Title Deeds will be County Antrim £25 plus VAT per insertion BT36 6HW Tel: 028 9084 4926 Berkeley White Solicitors require a Fax: 028 9084 4878 solicitor interested in family and civil litigation practice to work as a locum for the calendar year of 2006. Part- Solicitor wanted immediately for general time options can be considered. Salary practice, Omagh, County Tyrone. Good commensurate with experience. Newly prospects. Would suit newly qualified or qualifieds will be considered. Please recently qualified Solicitor. apply or enquire preferably by email to Please apply in writing to: [email protected] (or call on 028 Mrs Pauline McKenna 2076 8090). P Laverty & Co 10-12 George’s Street Omagh Solicitor required for general practice in County Tyrone Coleraine. Please apply in writing with BT78 1DE CV to: The Partners McCallum O’Kane Solicitors theWrit Solicitor required for general practice in 8 Blindgate Street Dungannon. Experience in litigation and/ Coleraine or family law preferable but not essential. BT52 1EZ Apply in writing with CV to: COPY DEADLINE P Haughey & Co FOR JANUARY EDITION Solicitors Solicitor required for general practice in 6 JANUARY 2006 15 George’s Street Larne. Dungannon Apply in writing with CV to: County Tyrone MacAllister Keenan & Co Editor: John Bailie. BT70 1BT 20 High Street Larne BT40 1JN Published by the Excellent position and long term Law Society of prospects with a large, well established Northern Ireland, and prosperous general practice. Conveyancing solicitor with experience 98 Victoria Street, Attractive salary (commensurate with required. Apply in writing with CV to: experience) Senior Partner Belfast, BT1 3GN Please apply to: Doris and MacMahon Macaulay Wray Solicitors The views expressed are not Solicitors 63 James Street necessarily those of the Law Society of Northern Ireland. 35 New Row Cookstown BT80 8AE GMA GMA Management Consultants would like take this opportunity to congratulate our clients Peden & Reid

on the successful completion of their ISO 9001:2000

Assessments by SGS YARSLEY ICS Ltd

As Ireland’s leading Quality Consultants for the Public and Private Legal Sector, we provide consultation on:

ISO9001/2000 & LEXCEL COMPUTERISED CASE MANAGEMENT Listed below are some of the companies we have assisted and their respective assessments

Arthur Cox NI ISO 9001 NIHE Legal Department ISO 9001 L’Estrange & Brett ISO 9001 Lexcel Directorate of Legal Services CSA ISO 9001 Lexcel BCC Legal Department ISO 9001 Lexcel Paul Ferris & Co ISO 9001 Johnsons Solicitors ISO 9001 Donaghy Carey Solicitors ISO 9001 Caldwell Warner Solicitors ISO 9001 Lexcel Robert G Sinclair & Co ISO 9001 Lennon Toner & O’Neill Lexcel Donnelly Neary & Donnelly ISO 9001 Lexcel Campbell & Grant Solicitors Lexcel Rosemary Connolly Solicitors ISO 9001 Lexcel McFarland Graham McCombe ISO 9001 Lexcel Elliott Duffy Garrett ISO 9001 Lexcel Campbell Fitzpatrick ISO 9001 Rory McShane & Co ISO 9001 Lexcel MacElhatton & Co. ISO 9001 Fitzsimons, Kinney & Mallon ISO 9001 Lexcel Cunningham & Dickey ISO 9001 Arthur Downey Solicitors ISO9001 Macaulay & Ritchie ISO 9001 Geo L Maclaine & Co ISO 9001 Carson McDowell ISO 9001 Sheila McGuigan Solicitors ISO 9001 McKinty & Wright ISO 9001 Gordon F W McIlwrath & Co ISO 9001 Carnson Morrow Graham Lexcel Stephen Begley & Co ISO 9001 Murphy & O’Rawe ISO 9001 Harrisons Solicitors ISO 9001 Lexcel Ciaran Rafferty Solicitors Lexcel Education & Library Board Solicitors ISO 9001 Lexcel Napier & Sons Solicitors ISO 9001 Johns Elliot Solicitors ISO 9001 Lexcel Comerton & Hill ISO 9001 Tughans Solicitors ISO 9001 Lexcel Nelson Singleton Solicitors Lexcel John Boston Solicitors ISO 9001 D & E Fisher ISO 9001 Lexcel Walker McDonald Solicitors ISO 9001

For a free consultation/quotation or further information contact; Gary Millar at GMA Pinetree Lodge, 40 Tullyhubbert Road Ballygowan, Newtownards, BT23 6LZ Tel: 028 9752 8427 Mobile: 07831 530178 Fax: 028 9752 1256