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THE WRIT THE JOURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND ISSUE 205 WINTER 2010/11 THIS MONTH Brian H Speers new President of the Law Society Title Insurance Risks Experts for Experts Please find below a list of standard title insurance risks which are covered by First Title: • Absent Landlord • Lack of Listed Building Consent • Adverse Possession • Lack of Planning Permission • Bankruptcy / Insolvency – Gratuitous Alienations • Limited / No Title Guarantee • Building Over a Sewer • Local Authority Search • Contaminated Land / Environmental Policies • Missing Deeds / Leases • Contingent Buildings (covering defective insurance provisions) • Missing Matrimonial Homes Consent • Defective Lease • Outstanding Charges Entry • Exceptions and Reservations- Know and Unknown • Possessory / Qualified Title • Flying Creeping / Freehold • Pre-Emption Rights • Forced Removal / Obstruction of a Right of Way • Profits à Prendre • Good Leasehold • Rent Charge • Judicial Review • Restrictive Covenants- Known and Unknown • Lack of Building Regulations Consent • Rights of Light • Lack of Easement – Access/ Drainage / Service Media / • Title Subject to a Lease Water Supply / Visibility Splay Supplemental cover is also available for loss of profits, consequential loss, rental liability, inflation and portfolio risks. To discuss one of the above listed risks or for a general enquiry please contact your DEDICATED UNDERWRITING TEAM – NORTHERN IRELAND Direct Dial Number: +44 (0) 141 248 9090 Email: [email protected] Contact: Reema Mannah Address: FIRST TITLE INSURANCE plc, Suite 5. 1, Turnberry House, 175 West George Street, Glasgow, G2 2LB Website: www.firsttitleinsurance.eu For further information about First Title or access to our services please contact the appointed NORTHERN IRELAND representatives: Gary Mills Mobile No: +44 (0) 7793814300 Email: [email protected] Derek Young Mobile No: +44 (0) 7763924935 Email: [email protected] Website: www.bluechiptitle.eu First Title Insurance plc. Is authorised and regulated by the Financial Services Authority, registration number 202103. Journal of the LSNI Winter 2010/11 03 INDEX WINTER 2010/11 PUBLISHERS The Law Society of Northern Ireland 96 Victoria Street THE BELFAST BT1 3GN Tel: 028 9023 1614 WRIT Fax: 028 9023 2606 THE JOURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND ISSUE 205 WINTER 2010/11 E-mail: [email protected] Website: www.lawsoc-ni.org EDITOR Alan Hunter [email protected] DEPUTY EDITORS Peter O’Brien [email protected] Heather Semple [email protected] Paul O’Connor [email protected] ADVERTISING MANAGER THIS MONTH Karen Irwin Brian H Speers [email protected] new President of the Law Society DESIGN SHO Communications Ltd DISCLAIMER The Law Society of Northern Ireland accepts no responsibility for the accuracy of contributed articles 04 Cover Story: or statements appearing in this magazine and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise New President – Brian H Speers indicated. No responsibility for loss or distress occasioned to any person acting or refraining from acting as a result of the material in this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make 05 New Presidential Team publishing decisions on any advertisement or editorial article submitted to this magazine and to 08 Focus on commercial mediation refuse publication or to edit any editorial material as seems appropriate to the editor. The Law Society of Northern Ireland does not endorse any goods or 11 Solicitors’ undertakings – part 1 services advertised, nor any claims or representations made in any advertisement in this magazine. No part of this publication may be reproduced without the 13 Political lobbying written permission of the copyholder and publisher, application for which should be made to the publisher. 14 Advanced Advocacy course 2010 CHECK IT OUT AT 19 Group relief for Stamp Duty Land Tax and Stamp Duty www.lawsoc-ni.org Writ readers can access back issues 24 CCBE at 50 of the magazine as far back as October / December 2000 at www.lawsoc-ni.org - follow Publications link 26 Norman Scott obituary You can also find details on the website about: • Libero database 35 High Court and Court of Appeal Decisions • Latest CPD courses • Employment opportunities • Forthcoming events 42 Library Update – Tripping and Slipping Copy deadline for Feb/Mar 2011 Edition: Monday 21 February 2011 Journal of the LSNI 04 Winter 2010/11 Brian H Speers – new President of the Law Society He was a founding member of the Northern Ireland Young Solicitors Group and was Chair I hope to continue from 1988 – 1990. He is the first Chair of the work to build the Young Solicitors Group to become the President of the Society. a stronger, more As I begin my Presidential term it is important expert, more flexible, for me to take this opportunity to consider some challenges presently facing the highly skilled and profession, to contemplate challenges, and to explain some of the issues which the Council united profession of the Society will be considering. and I hope to As with all Presidents of the Law Society I am a practicising solicitor and I fully understand progress these aims and appreciate the enormous difficulties during my year as and hardships caused to many firms and Brian H Speers was educated at Bangor colleagues as a result of the present financial President. Grammar School and Southampton recession and the dramatic reduction in University. housing transaction volumes. taught and I want practitioners to be involved as much as possible in their teaching. This He undertook his vocational training at the I am all too well aware of the many difficult provides opportunities for practitioners to Institute of Professional Legal Studies from conversations that have had to be undertaken deliver lectures and to participate in tutorials 1980 – 81 and was apprenticed to John G with colleagues and staff either in the context and this contributes greatly to the learning Neill Solicitor in the firm of Eric Morrow & Co of redundancy or in negotiating a reduction experience of the trainees. – now CMG Solicitors. of hours or a reduction of salary. It is one of my priorities to support the backbone of I also want to expand and develop further the He is the managing partner at CMG and the profession, which is the ordinary general CPD programme of the Society to provide is based in their Belfast office where he practitioner throughout the province, in as inexpensive seminars and lectures to ensure undertakes work in relation to house many ways as I can during the Presidential that all solicitors can keep up to date and building development, planning agreements year. have the opportunity of learning new areas of and enquiries, landowner consortia, practice. apartment schemes, commercial property This support can be demonstrated in a and commercial disputes and resolutions. number of ways. Last year the President In addition to education I want to expand and and Chief Executive embarked on a series develop the skills of solicitors. Tremendous Brian is acknowledged as a leading of roadshows with local associations with a work has already been undertaken under mediation solicitor and has undertaken view to presenting some of the issues facing the Presidency of my predecessor Norville and delivered the SLS/Law Society the Society and listening carefully to concerns Connolly, to encourage solicitor advocacy. Mediation Training programme jointly with expressed from members attending those Not only is the solicitor advocacy training David Gaston and Alva Brangam Q.C. presentations. I intend to continue that second to none, but there has also been He regularly lectures on mediation and programme of roadshows and to continue a recognition that a solicitor advocate arbitration both locally and internationally. to ensure better two way communication once trained ought to have higher rights of between the Society and members. audience and to be entitled to payment as In 2005, Brian became a member of the an advocate. I will continue to support the Council of the Law Society and he has been I also believe passionately in the value of solicitor advocates and to seek to ensure that instrumental in many committees not least continuing legal education. Since qualifying the necessary legislation is enacted as soon as Chair of the ADR Committee and as I have been a member of the Education as possible. Chair of Education Committee. Over the last Committee. (Recently I have completed a number of years he has been very much comprehensive review of vocational legal Another area where skills can be acquired is at the heart of Society’s Education Review training with colleagues on the Review of in the area of disputes resolution. There has Working Group which has completed a Vocational Training Working Group). I want been an increasing attention paid to what review of vocational training for solicitors. our trainee solicitors to be widely and expertly has been called the “paramount importance” Journal of the LSNI Winter 2010/11 05 of avoiding disputes coming to court. There and about the advantages of discussion and How we handle relations with clients is obviously a prospective costs saving for dialogue and accommodation that can be also requires attention. While the Bain the courts, if cases are resolved. However offered to an international clientele thereby recommendations provided challenges to the there is also an opportunity for solicitors to providing opportunities to showcase our legal Society they nonetheless recognised that any be central to the resolution process. This profession in this jurisdiction and to provide regime for dealing with complaints needed can be as a representative of a client in a opportunities for mediators and representatives to be proportionate. It is certainly my view negotiation or mediation or as acting as the to participate in the resolution of disputes on a that an expensive body set up to deal with neutral mediator assisting the parties and their wider stage.

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