Issue No. 130 December 2001 THE RIT JOURNAL OFW THE LAW SOCIETY OF NORTHERN IRELAND New President of the Law Society

Alan Hewitt is the new President of of the Society and the Society. He is the senior partner the profession at in L'Estrange & Brett. Educated at home and abroad. the Royal Belfast Academical He has worked Institution, Queen's University, Belfast tirelessly for our (LL.B.) and the University of Michigan benefit on a great (LL.M.) he was admitted as a solicitor many matters, not in 1967. least in leading several delegations He is married to Ruth, also a Queen's to Stormont, where law graduate. They have three the real advantages children, Jonathan (a recent chairman to the profession of of the NIYSA), Debbie, an English- a local assembly are qualified solicitor who now works in now becoming apparent. We owe Dublin in the personnel field, and that I was too busy, and that the Law him a very considerable debt of Rachel, a research psychologist who Society was not really relevant to my gratitude. John in turn followed such works in London. day to day existence. However, distinguished presidents as John eventually I was more or less shamed Alan was elected to the Council of Meehan and Catherine Dixon and into joining the Council and I quickly the Society in 1991 and has been going back a little further, it gives me found that there was an enormous Chairman of the Professional particular pleasure that Henry Pierce amount of very relevant work being Indemnity Insurance, Professional is with us this evening. Henry was carried out by a very hard working Conduct and Financial Services President of the Society in 1970. He bunch of people. We have some 17 Committees. He has represented the was my master when I started out as committees, nearly all of them Society on the Council of the Society an apprentice many years ago and dealing with issues which very for Computers and Law and has later was brave enough to take me directly concern the day to day work served on the Law Reform Advisory into partnership. He exemplified the of our members. We are called upon Committee for Northern Ireland since very highest standards of with increasing frequency to respond 1997. professionalism, integrity and client to proposals from Westminster, care, and without that example my Stormont, the Court Service and At the Society's Annual Dinner on 5th own professional career would have elsewhere which would affect December he said been the poorer. I can tell you that it materially the workings of civil and "I am proud and honoured to be your is with considerable trepidation that I criminal justice, the interests of our President for the coming year, for at try to follow such people as clients and the structure and least four reasons: First, I follow a President. remuneration of the profession. All line of outstanding Presidents. May I Secondly, I know that I will have of this is dealt with by Council take this opportunity of around me a Council and staff of the members who are busy practising congratulating my good friend John highest calibre. I came to the Law solicitors but who freely give up their Neill on a great year in which he has Society Council fairly late in my time to the Society. I can walk from upheld and enhanced the reputation career. For years I persuaded myself my office to Law Society House in five

CONTENTS

European Study Trip ...... p3 Practice Advisory Service...... p7 Longside Courts...... p14

Children (NI) Order 1965 ...... p6 Law Society Appointment...... p8 Risk Management ...... p16 December 2001

2 minutes, which is probably a mixed the doctrine of separation of powers, Not that we can't enjoy ourselves, blessing, but many of my colleagues and it can apparently see nothing and I would like at this point to put on Council travel frequently from, wrong with reshaping the House of in a plug for the Society's conference among other places, Derry, Lords so that it is full of its own next May. As some of you will know, Enniskillen, Newry, Portadown, appointees, or with abandoning what we were asked recently by the Ballymena and Ballymoney. They are, Mr. Blunkett calls "airy, fairy civil Scottish Law Society if we would of course, given enormous support by liberties". It quite likes the concept consider having a joint conference our Chief Executive, John Bailie, of uniformity across the UK when, for with them in 2002, instead of each without whose untiring and selfless example, trying to introduce a Society holding a separate conference work the Society would grind to a flawed system of compensation of and we accepted that proposal with halt and by our excellent professional criminal injuries, but rather curiously great pleasure. The conference will and administrative staff. is not so keen on uniformity when it be held at a new hotel and leisure comes to our remuneration. Above complex known as St. Andrew's Bay, Thirdly, I believe that the Society all, principles we all used to think which is situate on a wonderful site represents a profession of which we were fundamental, such as the about 2 miles outside St. Andrew's. I can all be justifiably proud. Now, independence of the profession, went to see it a couple of weeks ago there's a limit to what any President client confidentiality and the and can report that it is absolutely can achieve in twelve months and I avoidance of conflict of interest are first-class - a good hotel, good food, don't think that in the next year we increasingly ignored. Do these things good leisure facilities, great views will be able to put an end entirely to still matter? If they do, we have a and not least, a very good new golf jokes about lawyers. We all suffer battle on our hands to preserve course. There will be an array of them with as much dignity as we can them. interesting seminars, with an muster. However, we can take some opportunity, for those of you who comfort in the fact that, odd as it is, I am quite confident that we can will need to next year, to pick up CPD while the general public may have a meet most of the external challenges. points, a gala dinner dance on the jaundiced view of lawyers as a whole, Without being complacent, the courts first night, a Celtic hooley on the all the surveys show that most people and the conveyancing system cannot second night and much else. What are very satisfied with the service readily work without us. more need I say, except book early. they receive from their own solicitor. It is the danger from within which There will be a flyer about it very My own unofficial and wholly gives me more concern - that very soon, I hope in the next issue of "The unreliable survey shows that with small minority of solicitors which Writ" solicitors the converse is true: they cannot be bothered to adopt normal approve of clients as a general Finally, and to come to our next good practice, such as keeping a concept, it's just actual clients they toast, I am proud to be the President diary of key dates or adhering to sometimes have problems with. of a Society which includes so many Home Charter regulations, and we However, it's not surprising that most fine young lawyers. Fairly obviously I know what that has done to our PI people in Northern Ireland are very am not a young lawyer, in fact I am premiums, who undermine the satisfied with their solicitor. We have so old as to be the father of a past profitability of the profession by a network of small firms which Chairman of the NIYSA, but both in charging fees which cannot possibly provide the full range of legal my own firm and when dealing with give a fair return or who have some services in a very professional and other firms I continually come across difficulty in understanding that being cost-effective way. We also have young lawyers of the highest quality a member of this profession brings firms large and small which in their and integrity and that as much as with it that old-fashioned concept of own particular areas of expertise can anything else gives me great duties. That is an underused work in offer a service at least as good as can confidence in the future of the today's rights culture. I sometimes be found in London or anywhere profession. This year's crop is as wonder if the Belfast Agreement else. good as any and you will hear in a might not profitably have included few moments from one of them, During the year ahead, I know that provision for a Bill of Duties as well Patrick McGrath, who just a few we shall have to face up to many as a Bill of Rights. A few of us here months ago, with Anita Hanna, won challenges from without. Apart from are lucky enough to have passed the Louis M. Brown Client some of the matters I've already through the Queen's law faculty Counselling competition against stiff mentioned, such as the proposed when the late James Montrose was international opposition. reform of the civil and criminal Dean. You will perhaps remember Congratulations to Paddy and Anita justice systems and the threat of a how he used to quote Robert Frost: and to all of their colleagues who recession, now exacerbated by the "The woods are lovely, dark and deep have joined our ranks this year. We events of 11th September, there is But I have promises to keep wish all of you well in the years the restructuring of Legal Aid, the And miles to go before I sleep ahead.” consistent under-resourcing of the And miles to go before I sleep." Land Registry and Registry of Deeds and, not least, the continuing fight What I think he was trying to instil in to secure the proper remuneration of us at that early stage of our careers the profession. We have to deal with was a recognition that the health of a Government at Westminster which any community, and of any displays some worrying tendencies; it profession, depended to a large sometimes has a very hazy notion of extent on the acceptance of duties. December 2001

3 European Study Trip Tuesday 19th - Friday 22nd (or Saturday 23rd / Sunday 24th) February 2002 (return date optional) Law Societies’ Joint Brussels Office Louvaine Institute for Ireland in Europe

Our annual European study trip has The collegiate atmosphere of the Employment law; become an established feature of the course is maintained with the group The role of the Council of Europe - Societies’ Winter Programme. The dining together at different locations taking a case to the ECHR; 2002 trip will run from Tuesday 19th - in Louvaine or Brussels each evening. Judicial co-operation in Criminal Friday 22nd (Saturday 23rd / Sunday In 2001 the cost of accommodation, matters - Money laundering. 24th) February, based on a bed and all meals and internal transport came breakfast basis at the Louvaine to a good value £330.00 and no There will be visits to the:- Institute for Ireland in Europe. significant change is anticipated in European Parliament - including a Louvaine is a university town, 35 2002. meeting with and talk by MEP’s minutes by train from Brussels. The Consultative Council of the Bars But the course is more than monetary of Europe (CCBE); and Regretfully SABENA’s direct Belfast - good value. It is an enjoyable way of The Council of the European Union. Euro familiarisation in an atmosphere Brussels flight has been discontinued, Places are limited to 12 participants removed from the pressures of but using Ryan Air from Dublin to on a first come first served basis. Brussels (Charleroi), return fares (as practice. currently shown on-line) are leaving The course will include talks on:- If you are interested please complete Dublin at 18.45 on Tuesday 19th - Using EU law to protect your clients’ and return the form below. Early £48.48 (returning on Friday evening interests; Recent developments in law booking is essential to secure the or Sunday afternoon) or, £28.98 and policy in the fields of current on-line fares. (returning on Saturday afternoon). Competition:- Environmental; and

European Study Trip - February 2002 I would like to participate

Name:

Name & Practice address:

Tel No: Fax No:

E-mail:

Preferred length of stay (please tick as appropriate) Returning Friday 22nd Yes No Returning Saturday 23rd Yes No

Returning Sunday 24th Yes No

Would you be interested in taking a lunch time flight from Dublin on Tuesday 19th? Yes No

Please return to: The Deputy Secretary, Law Society of Northern Ireland, 90 Victoria Street, Belfast BT1 3JZ December 2001

4

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Our offices are close to Courts, Government Buildings and Commercial Centre. Fee splitting by arrangement. Hughes & Liddy Solicitors 2 Upper Fitzwilliam Street Pictured during a recent working lunch with the Newry and Dublin 2 Banbridge Solicitors Association are (left to right) John Bailie (Chief Executive), John Neill (President), Norville Connolly (Chair, N & BSA) Eimer Clelland (N & BSA) Paddy Kinney (Constituency Representative Tel: (00 3531) 6766763 on LSNI Council). or (00 3531) 6789701 Fax: (00 3531) 6766702

ADVERTISEMENT The Children (Northern Employability Ireland) Order 1995 Assessment in

The District Judge for the Division of Belfast, His Honour District Judge Personal Injury Wells, has recently returned a number of bills which I had prepared for Claims taxation against the Legal Aid Fund for work under the Children (Northern Ireland) Order 1995 in the Family Care Centre (County Down). His Honour has queried whether taxation is the appropriate method of dealing with A New Service for the costs of an assisted person or whether the solicitors should not in fact Litigation Lawyers apply to the Legal Aid Committee to have such costs assessed. I have now been informed by the Court Clerk that his Honour will not tax such costs even if there is an order from the County Court Judge directing taxation.

I understand that some form of proceedings may be taken to clarify the position of District Judges with regard to the taxation of costs in these cases but I would be obliged if solicitors would refrain from sending papers for the preparation of bills of costs in such cases until the powers and responsibilities of the District Judges have been clarified. Ann Marie McMullan C.Psychol. Chartered Occupational Psychologist Patricia A Kerr Legal Costs Consultant Occupational Psychology Services (N.I.) 50 University Street 49 Balmoral Avenue Belfast BT9 6NX Belfast Tel: (028) 9028 0555 BT7 1HB The British Psychological Society Regulates Chartered Psychologists (C. Psychol.) December 2001

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ADVERTISEMENT Practice IRPC Group Limited- Advisory Croner.CCH Ltd We are the market leading providers of employment advice to businesses Service throughout the UK and in all market sectors. We were established 25 years ago to provide simple practical assistance to businesses dealing with the Please note that Mr Sean Fox, Fox demands of employment legislation and personnel management. & Associates, 403 Lisburn Road, Belfast, BT9 7EW, has been appointed to the Panel of the We are now part of the Croner.CCH group of companies and have over 400 Society's Practice Advisory Service. employees. We deal with over 1500 applications to The existing members are: - Employment/Industrial/Fair Employment Tribunals a year and provide 100,000 pieces of advice to clients in 4,000 companies. 1.John Baxter, formerly Wray & Baxter, 3 Ballyhome Road, Coleraine, BT52 2LU, Tel: We are now seeking the following positions to service our client base, 20731552/Fax: 20 730045 particularly in Northern Ireland, but also in the development of our client 2.Bruce Thompson, W B base in the Republic of Ireland. Thompson & Co, 36 Catherine Street, Limavady, Co Londonderry, Employment Consultant BT49 9DB, Tel: 77 722400/Fax: 77 766055/E-mail: [email protected] The successful candidate will be fulfilling client needs in a range of activities such as developing terms and conditions for clients and advice in 3.Bill McCann, Mills Selig, 21 Arthur Street, Belfast, BT1 4GA, such matters as discipline, redundancy, absence control and TUPE. We Tel: 90 243878/Fax: 90 231956/E- consider that applicants should have at least three years experience at mail [email protected] management level in a Human Resource function, and have a sound 4.Alan Reid, James Murland & knowledge and interest in Employment Law. Involvement in Industrial/Fair Company, 15 English Street, Employment Tribunal cases would be a distinct advantage. Downpatrick, BT30 6AP, Tel: 44 619980/Fax: 44 613527/E-mail Tribunal Advocate or Specialist [email protected] 5.Gerard McClure, Gerard McClure & Co, Solicitors, Unit 7, 190 We are seeking an individual who specialises in Industrial/Fair Employment Saintfield Road, Belfast, BT8 tribunal work and must have the ability to undertake a substantial caseload 4HG, Tel: 90 709348/Fax: 90 with minimal supervision. 709349. 6.Garrett E O'Reilly, O'Reilly These positions have the advantage of being home-based with a company Stewart, Solicitors, 116 Royal car provided to enable each to service our clients throughout Northern Avenue, Belfast, BT1 1DL, Ireland. IT skills, particularly windows, would be an essential criteria. Tel: 90 321000/Fax: 90 231959/E- mail [email protected] Please send full CV to Helen O'Brien, Managing Consultant, at 7.Brendan J Maguire, T S IRPC Group Ltd McAllister & Son, Solicitors, 32-36 Mill Street, Ballymena, BT43 11 Millwater Lodge 5AE, Tel: 25 652469/Fax: 25 Ahoghill 644979/E-mail BT42 2RS [email protected] 8.Paul Malone of Malone & Co, Closing date is 19/01/02 Lisburn Road, Belfast, BT9 6AF, Tel: 92 242859/Fax: 92 325969, remains a Panel member. December 2001

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Assistant Secretary (Policy and Law Reform)

Full-Time Permanent Appointment

As part of the re-structuring of professional services within the Society a new business unit will be created to enhance the ability of the Society to participate effectively in the development of policy and reform initiatives. Applications are invited for the post of Assistant Secretary (Policy & Law Reform) to lead this new unit. Under the overall direction of the Chief Executive the successful candidate will be responsible for the provision of policy advice research and executive support to the Council and Society Committees including civil and criminal justice reform. Candidates must have been admitted as a solicitor or called to the bar. In addition to satisfying the above eligibility criterion the following skills and experience will be advantageous: • Policy development and/or research experience • Contextual understanding and/or experience of legislative institutions and processes • Knowledge of the jurisdiction, practice and procedure of the courts • Ability to develop and maintain influential relationships with key stakeholders • Sound judgement and analytical ability • Effective communication and presentation skills The post offers an excellent opportunity for personal and career development in a demanding, stimulating and evolving environment. The salary will be commensurate with experience, but is likely to be in the range £30K - £40K. Further details of the post and ancillary benefits are set out in a Job Description which, together with an application form, are available on request from the Society. The Law Society reserves the right to select for interview those candidates who from the information provided appear to be most suitable for appointment. Completed copies of the application form must be lodged on or before 5.00p.m. on Friday 11th January 2002 with:

The Chief Executive Law Society of Northern Ireland Law Society House 98 Victoria Street Belfast BT1 3JZ

The Law Society of Northern Ireland is an equal opportunities employer December 2001

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11 WEBWEB WATCHWATCH

Once again it seems that it is popular in Northern Ireland. 5. Do not download any files from viruses not legal material on the strangers. Internet which have been keeping Although viruses are becoming the legal profession in Northern increasingly sophisticated they are 6. Exercise caution when Ireland occupied in recent weeks. still designed with the same downloading files from the weakness in mind : the human Internet. Ensure that the source is The latest menace known as being. Many of the most rampant a legitimate and reputable one. Badtrans variant B managed to viruses succeed in creating so much Verify that an anti-virus program work its way round law firms by damage because they tempt checks the files on the download sending itself to those listed in the recipients to act hastily and before site. If you're uncertain, don't office’s Outlook address book. they have remembered to follow download the file at all or Although not particularly basic rules designed to keep download the file to a floppy and destructive, the virus accounted viruses out of the office. The test it with your own anti-virus for many hours of the profession’s McAfee web site offers ten tips to software. time working out how first to keep viruses at bay which are remove it and then prevent its worth repeating here and perhaps 7. Update your anti-virus software reappearance. even displaying next to every PC in regularly. Over 500 viruses are the office which has Internet discovered each month, so you'll Most techies will now tell you that access. want to be protected. These the only real way to protect updates should be at the least the against viruses when using 1. Do not open any files attached products virus signature files. You standard dial up access to the to an email from an unknown, may also need to update the Internet is to have good up-to- suspicious or untrustworthy source. product's scanning engine as well. date software. Most techies also seem to agree (although for 2. Do not open any files attached 8. Back up your files on a regular different reasons) that the best to an email unless you know what basis. If a virus destroys your files, anti-virus software around is it is, even if it appears to come at least you can replace them with produced by McAfee from a dear friend or someone you your back-up copy. You should (www.nai.com) although Norton know. Some viruses can replicate store your backup copy in a Anti virus appears to be more themselves and spread through separate location from your work email. Better be safe than sorry files, one that is preferably not on and confirm that they really sent your computer. it. 9. When in doubt, always err on 3. Do not open any files attached the side of caution and do not to an email if the subject line is open, download, or execute any questionable or unexpected. If the files or email attachments. Not need to do so is there always save executing is the more important the file to your hard drive before of these caveats. Check with your doing so. product vendors for updates which include those for your 4. Delete chain emails and junk operating system web browser, email. Do not forward or reply and email. to any to them. These types of email are 10. If you are in doubt about any considered spam, potential virus related situation which is unsolicited, you find yourself in, contact avert intrusive mail that at one of the locations listed here, clogs up the network. http://www.mcafeeb2b.com/avert/a vert-research-center/contact.asp.

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12 BELFAST SOLICITORS New Chairman

The BSA elected Stephen Andress Chairman at their recent AGM in November 2001. Born in Strabane he was educated at Campbell College, Belfast, and Trinity College, Dublin. He was apprenticed to and worked for L’Estrange & Brett and Francis Hanna ASSOCIATION & Company before setting up in partnership with Seamus Agnew in 1985 in Agnew Andress & Company now Agnew Andress Higgins, Solicitors. Mr Andress works in the High Court/County Court side of the practice and also deals with Employment Law Annual matters. His is married to Elizabeth and has three sons. His hobbies include Golf and B.S.A. Dinner watching (only) Rugby.

Sat 19th January 2002 BSA Lecture Series At Culloden Hotel Cultra

Reception 7.30 p.m. (in conjunction with NIYSA) Dinner 8.00 p.m. Tickets £35.00 “The Importance of the Trustees Act 2001 for Solicitors” by Paul Schrjer Cheques and bookings to Oonagh Friday 25th January 2002 at 12.30pm till 2.00pm McClure at Thompson McClure “Advocacy for Solicitors” by Bara McGrory of P J McGrory Solicitors 9089 0400 Friday 15th February 2002 at 12.30pm till 2.00pm (No reservation confirmed until cheque received) “Risk Management for Conveyaners” by Donald Eakin Wed 20th March 2002 at 12.30pm till 2.00pm

Members: (BSA & NIYSA) £10 Others £20 Venue: Law Society House (all lectures) Refreshments available at 12.30 pm Cheques and bookings to Karen Henebry of Cleaver Fulton & Rankin, 50 Bedford Street, Belfast, [email protected]

Booking Form

Name:

Address:

Tel:

Number of persons attending:

Lecture(s):

BSA On-Line The BSA website can be found at Enclosure: www.belfast-solicitors-association.org December 2001

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BELFAST SOLICITORS LIST OF BSA COMMITTEE MEMBERS DECEMBER 2002

ASSOCIATION Karen Henebry T C Smyth Cleaver Fulton & Rankin Macauley & Ritchie 50 Bedford Street Cathedral Chambers BELFAST 11 Talbot Street Chairman Tel No: 02890 243141 BELFAST Fax No: 02890 249096 Tel No: 02890 329696 Stephen Andress E:Mail: [email protected] Fax No: 02890 331305 Agnew Andress Higgins E:Mail: [email protected] 92 High Street Anne Donnelly BELFAST BT1 2BG Arthur Cox Peter O'Rawe Tel No: 02890 320035 17-25 College Square East Education & Library Board Fax No: 02890 249380 BELFAST Legal Services E:mail: [email protected], Tel No: 02890 230007 Grahamsbridge Road Fax No: 02890 233464 DUNDONALD BT16 0HS Honourary Secretary E:Mail: [email protected] Tel No: 02890 566200 Peter Campbell Fax No: 02890 566479 Ciaran McAteer Campbell Fitzpatrick E:Mail: peter.o'[email protected] McAteer & Co 51 Adelaide Street 97 Bloomfield Road Frank MacElhatton BELFAST BT2 8FE BELFAST McElhatton & Co Tel No: 02890 327388 Tel No: 02890 471480 58 Andersonstown Road Fax No: 02890 327732 Fax No: 02890 650124 BELFAST E:Mail: peter@campbell- E:Mail: [email protected] Tel No: 02890 602828 fitzpatrick.co.uk Fax No: 02890 620627 Oonagh McClure Honourary Treasurer E:Mail: [email protected] Thompson McClure Martin Mallon 171-175 Victoria Street Fergal MacElhatton Fitzsimons Kinney & Mallon BELFAST McElhatton & Co 56 University Street BT1 4HS 131-133 North Street BELFAST Tel No: 02890 890400 BELFAST Tel No: 02890 262269 Fax No: 02890 326020 Tel No: 02890 321776 Fax No: 02890 265660 E:Mail: Fax No: 02890 438074 E:Mail: [email protected] [email protected] E:Mail: [email protected] Mr Steven Millar Gavin Patterson Gareth Brown C/o Culbert Martin F J Orr C & J Black Scottish Provident Buildings 14 Montgomery Street Linenhall House Belfast BT1 6JB BELFAST 13 Linenhall Street Tel No: 02890 325508 Tel No: 02890 230101 BELFAST Fax No: 02890 438669 Fax No: 02890 233021 Tel No: 02890 321441 E:Mail: [email protected] E:Mail: [email protected] Fax No: 02890 234125 E:Mail: [email protected] Mr Richard Palmer Fergus Gibson Peden & Reid McCann & Greyston Sean Craig Solicitors 38 Church Lane Kennedys 22 Callender Street BELFAST 64-66 Upper Church Lane BELFAST Tel No: 02890 246098 BELFAST Tel No: 02890 325617 Fax No: 02890 330795 Tel No: 02890 240067 Fax No: 02890 247343 E:Mail: [email protected] Fax No: 02890 315557 E:Mail: [email protected] E:Mail: [email protected] Chris Ross John Caldwell John McKee & Son Peter N Reid S D Crawford & Co Hampden House King & Gowdy 109 Victoria Street 55 Royal Avenue 298 Upper Newtownards Road BELFAST BELFAST BELFAST BT4 3EJ Tel No: 02890 595300 Tel No: 02890 232303 Tel No: 02890 659511 Fax No: 02890 595301 Fax No: 02890 230081 Fax No: 02890 671550 E:Mail: [email protected] E:Mail: [email protected] E:Mail: [email protected] December 2001

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ADVERTISEMENT Laganside Courts

The new courthouse 'Laganside Courts' is nearing completion in Belfast. It is situated in Oxford Street, opposite the Waterfront Hall on the site of the old Fire Station. The building is designed to accommodate the business of the Crown, County and Magistrates’ Courts. The Old Townhall building will also continue as a venue for the County Court Division of Belfast and as such will accommodate: The office and courts of H.M. Coroner for Greater Belfast The office and courts of the Magistrates' Family and Domestic business The Youth Courts A migration strategy has been developed which outlines the timetable for moving office functions and court business (See details below) If you would like an opportunity to visit the new Courthouse in January, please contact either Yvonne Worthington or Paula O'Hara on DD Tel No. 9072 4522

MIGRATION STRATEGY - TIMETABLE

OFFICE FUNCTIONS (including Magistrates' Family and Domestic Belfast and Newtownabbey monetary transactions, lodgements Office - all Belfast and Magistrates' Adult Courts, previously of documents, reports etc) Newtownabbey Magistrates' Family dealt with at Belfast and and Domestic office business will Newtownabbey Magistrates' Court Monday 7th January 2002 transfer to the Old Townhall will relocate to Laganside Courts Fixed Penalty Office - all Fixed Penalty office business will transfer COURT SITTINGS Belfast and Newtownabbey Family, to Laganside Courts Domestic and Youth Courts Monday 28th January 2002 previously dealt with at Belfast and Monday 14th January 2002 County Court Judge, Crown Courts, Belfast Magistrates' Court Office - Newtownabbey Magistrates' Courts previously dealt with at Antrim will relocate to the Old Townhall. all Belfast Criminal and Civil Courthouse will relocate to Magistrates' Court Office business Laganside Courts For your information the address of including Youth will transfer to the new courthouse is as follows: Laganside Courts. Some court County Court Judge and District related functions including bails will Judge Courts previously dealt with Laganside Courts continue until the Courts relocate. at Old Townhall will relocate to 45 Oxford Street Laganside Courts Belfast County Court Office - all County BT1 3LL Court office business will transfer to County Court Judge, Family Care Laganside Courts business previously dealt with at Old The address of the Old Townhall Monday 21st January 2002 Townhall will relocate to Laganside building is: Belfast Crown Court Office - all Courts 80 Victoria Street Crown Court Office business will Magistrates' Family and Domestic Belfast transfer to Laganside Courts Courts previously dealt with at BT1 3FA Monday 28th January 2002 Belfast Magistrates' Courts will Newtownabbey Magistrates' Court relocate to the Old Townhall The central telephone number 028 Office - all Newtownabbey 9032 8594, will remain the same, as H.M. Coroner's Court will be in the Magistrates' office business will will all of the direct dial numbers Old Townhall transfer to Laganside Courts. and jury line. If a copy of the direct Monday 4th February 2002 dial phone list would prove useful H.M. Coroner's Office - H.M. High Court Judge, Crown Courts, for yourself, please let us know and Coroner's office business will previously dealt with at the Royal we will forward one to you. transfer to the Old Townhall Courts of Justice will relocate to Belfast and Newtownabbey Laganside Courts December 2001

15 Northern Ireland Court Service

In the High Court of Justice in of a summons which has been struck clear working day prior to the return Northern Ireland out for non-appearance must be made date for a summons. Queen's Bench Division during the open period at a subsequent sitting of the court. (b) The Master may refuse to accept a document produced in the course of Proceedings by way of (b) Reinstatement will only be allowed the hearing, or may adjourn the Interlocutory Summons Before The where good reason is given for failure summons for a minimum period of four Masters to attend the summons at the court for weeks to enable a copy of the which it was listed. document in question to be lodged in Practice Note the Office. (No. 2 of 2001) (c) A reinstated summons will be listed for a summons court sitting four weeks 7. The practice set out in this Note will, Listing of Business after the court at which it is reinstated. except where otherwise stated, come into operation on Thursday January 1. (a) The Friday summons court will Adjournment 10th 2002. commence at 10.00am with an open period of an hour during which 4. (a) The four week adjournment rule JW Wilson counsel, solicitors and litigants in laid down in the Masters' Practice Note Master (Queens Bench and Appeals) person may attend to : of September 20th 2001 (No. 1 of 2001) (i) request adjournments; will continue in force. CJ McCorry (ii) mention consent orders; Master (High Court) (iii) make applications in short, (b) An initial application for an uncontested matters; adjournment of four weeks or more (iv) fix times later in the day or, where may, where made with the consent of appropriate, a subsequent time for the the parties, be mentioned to the hearing of contested summonses; registrar. Such applications may also (v) apply for reinstatement of any be made in writing, either by fax or ADVERTISEMENT summons struck out for non- delivery, to the Writ Office on the day appearance at a previous summons prior to the return day for which the court; or summons is issued. (vi) make any other non-contentious short application (c) Any other application for adjournment of a summons must be (b) The Thursday afternoon summons made to the Master during the open court will commence at 2.00pm with an period, when a proper reason for the open period for the same purposes as adjournment must be given. are detailed at (a) above, which will continue for 30 minutes. Summons and Supporting Documents Legal Costs 2. (a) A summons to be contested will 5. (a) From 10th December 2001 not be heard during an open period. onwards, all summons (including copies Drawer for service) must, where counsel is to (b) At the end of an open period the be briefed for the moving party, be Master will rise and the registrar will indorsed with his or her name. Would like to thank all Solicitors remove the papers in all the summonses on the list with the (b) From 10th December 2001 onwards, who have supported him during exception of those which have been all summons papers (including copies 2001 and wishes you all a very fixed for the hearing later that day. from service) must be accompanied by prosperous 2002. a copy of The Writ of Summons, Civil (c) Any summons which has not been Bill or other originating process. attended to during the open period will be struck out. (c) Papers which do not comply with the requirements of (a) and (b) above (d) A request that a summons be stood will not be issued by the Office. 15 Edendork Road, Dungannon, over to be mentioned after the close of BT71 6LF DX 2917 NR an open period will not be entertained. 6. (a) Additional documents (such as Dungannon 1 affidavits or medical reports) which Reinstatement have not been included in the summons papers have been filed, must Tel: (028) 8775 2749 3. (a) Any application for reinstatement be lodged in the Office at least one December 2001

16

Professional Negligence

professions. Of the 278 work. "It's about service Bad practices professional negligence claims in delivery, and everyone has to the Chancery Division, solicitors stick to it", he says. " The first were defendants in 204 new step is getting people to accept The number of negligence claims cases. Cases against accountants that they have to move in this against lawyers is rising, putting numbered a paltry 15. direction. A lot of firms do a dent in firms' profits and acknowledge the need for risk sullying their reputations. Verry chooses to put the figures management, but they struggle Kathryn Hobbs reports on the in a historical perspective. "The with time and financial importance of setting up disparity between solicitors and constraints." safeguards accountants in particular could be explained by the fact that MAKING mistakes costs money, Conveyancing remains the accountants were going through and a lot of money at that. It is principal practice area in which the same problems about 10 significant, therefore with claims disputes between advisers and years ago, and they've learned against the profession on almost their clients arise. High-volume, from their mistakes," he says. exponential increase, that risk nuts-and-bolts transactions in conveyancing and personal injury assessors still view firms as falling These lapses, such as inadequate foul of simple preventative (PI) work lend them-selves more client vetting procedures and a easily to error. According to risk procedures. Claims are lack of clear instructions, are recession-led, and if evidential analysis and brokers, small high common to both solicitors and street firms handling this type of indications of an economic slow accountants. Claims against down are proved correct, can work are most likely to generate solicitors do not generally follow negligence claims. firms really afford to be errors in knowledge of the law complacent when it comes to but from service delivery Litigation prompts a number of Risk Management? problems. claims that could be avoided if proper care is taken in setting "If you put all the professions Verry notes common themes that out the initial instructions. Mills together, who are the public repeatedly appear as the root & Reeve partner Guy Hodgson going to be dealing with? The cause of mistakes. These usual blames a continued reluctance to answer is medics and solicitors," suspects include time limits, advise clients at the outset of says John Verry of insurance delays, communication, the likely cost of the matter and company St Paul. Growing supervision, delegation, the precise ambit of the consumer consciousness means undertakings, organisation and instructions for the rise in claims. that people are not only aware lack of knowledge. He estimates He observes that failing to do of their rights, they are also that in the vast majority of either or both leads to confident of taking action. negligence cases, claims handlers "grievances which develop into will attribute mistakes to one or The days of a reverential attitude claims and allows claimants to more of these problems. towards professionals are long retrospectively widen the gone. And in a society where However, none of these problems retainer." litigation is advertised as readily are insurmountable, so why do as washing powder, those they crop up so frequently? Andrew Nichols, risk manager at perceived as potential targets for Zurich Professional, notes that claims are there to be mined. Verry puts it down to attitude, litigation generates a quarter of which may be very American- all claims brought to the The figures reinforce the sounding, but is nevertheless insurance companies attention. argument. Judicial statistics for fundamental to minimising the His pronouncement is that 2000 demonstrate the chasm risk of making costly mistakes in solicitors often stumble into between solicitors and other relatively straightforward legal complying with time limits, December 2001

17

either because they do not know No firm, however large or small, only going to reinforce about them or they cannot can afford to consider itself stereotypes of fat cat, money manage diaries sufficiently well immune to risk. Clifford Chance grabbing arrogance. For smaller to remind themselves. Trapped has a 24-hour vetting service for firms, the damage to between a rock of ignorance and fresh instructions brought to the professional reputation from a hard place of incompetence, firm. One disturbing trend is the perceived or actual negligence solicitors seem to be floundering. number of claims arising from can be insurmountable. commercial transactions. Verry One firm took the full three-year says that at an average of Mistakes will be made and claims limitation period and an approximately £150,000 per will come, but this does not additional 49 days to issue a PI claim, mistakes in this sector mean that firms should simply claim for a client, despite having make up the bulk of the larger- rely on their insurer. The open received confirmation from the value claims. market for professional respondents insurer that it had indemnity insurance brought accepted the bulk of liability Previously few and far between, premiums down from the levels some two and half years commercial claims were viewed of the Solicitors' Indemnity Fund, previously. Such dallying in as a necessary and easily- but they will rise if solicitors do simple procedures is inexcusable. absorbed evil that would not put their firms in order. inevitably occur every so often. Where risk can be managed and Despite the proportionately Prophesying for this sector, Verry simple mistakes prevented, it more expensive insurance says: "When a catastrophic claim make sound commercial sense to premium for smaller firms when comes, I feel it's more likely to do so. contrasted with their larger come against a commercial The Society’s Professional commercial counterparts, risk firm." managers in insurance Indemnity Committee felt that companies do not necessarily Solicitors have a high duty of the principles set out here are consider the work undertaken to care to their clients. The equally applicable to Northern be generically more prone to continued rise of cases of Ireland. negligence. The overwhelming negligence claims against them is message from insurers is that elementary mistakes across the board, rather than specific practice areas, cause complaints. It is not, then, automatically the more complex transactions that give rise to mistakes. Nichols says: "Negligence claims arise from fundamental omissions in what should be established processes." Anecdotally, insurers can give examples of firms taking on work that they are ill- equipped to handle and attracting more clients than they can realistically serve. The number of such instances is negligible in comparison to basic mistakes in the simplest of matters. "There's a distinct lack of processes adopted and conscientiously applied," asserts Nichols.

This article first appeared in 'The Lawyer' 3 September 2001 and is reproduced here with the kind permission of the editor. December 2001

18

EMPLOYMENT LAWYERS’ GROUP (NI)

Hon. Sec. Eamonn McArdle, Bar Library, Royal Courts of Justice, Chichester Street Chairperson Orla Murray Voice Mail: (028) 9056 2282 Hon. Treasurer June Turkington Fax: (028) 90231850 E-mail: [email protected]

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

Lunchtime Seminar Restrictive Covenants and Confidentiality Clauses in Contracts of Employment

Speaker: Barry Mulqueen BL

Date: Friday, 8 February 2002

Time: 1.00pm (coffee and sandwiches served from 12.30pm)

Venue: Law Society Lecture Theatre, Law Society House, Victoria Street, Belfast

Cost: Members £3, Non-members £6.

Booking forms and cheques, made payable to The Employment Lawyers Group (NI), should be sent to: Ms June Turkington, Legal Directorate, Central Services Agency, 25-27 Adelaide Street, Belfast, BT2 8FH

Booking Form

Name

Firm

Address

I enclose remittance of £ December 2001

19

Membership Renewal

Membership fees are now due for 2001-2002. Members are invited to renew their membership for the forth-coming year. New members are welcome. Please return the form below completed together with cheque for £10 made payable to ELG (NI) to: June Turkington, Legal Directorate, Central Services Agency, 25-27 Adelaide Street, Belfast BT2 8FH Membership Form

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

Name

Address

Telephone No: (work) E-mail

FURTHER TALKS

Barry Phillips will be giving a talk some time in March dealing with issues arising from computers and Internet use in the workplace. Watch the Writ for further details.

ADVERTISEMENT Walker McDonald receive DUBLIN AGENTS ISO 9001 Award MCERLEAN WEIR SOLICITORS In recognition of their 45 Fitzwilliam Square efficiency and Dublin 2, Ireland excellence, Borough Tel: (353-1) 678 7777 Solicitors Walker Fax: (353-1) 678 7878 McDonald have been E-mail: [email protected] awarded the prestigious ISO 9001 ALL LEGAL WORK Award. UNDERTAKEN ON AN "Our firm is AGENCY BASIS streamlined to FEE SPLITTING BY benefit all our clients needs in the ARRANGEMENT 21st Century" said Senior Partner Brian CONSULTATIONS IN Walker, a licensed (L to R) Mr. Joseph R McDonald LLB; Brian Walker LLB NORTHERN IRELAND WHEN Insolvency Senior Partner; Mayor of Portadown Mr S Gardiner and REQUIRED Practitioner. Mr. Moira Heap MA Cantab. McDonald also CONTACT praised the Kevin H. McErlean, Solicitor dedication and energy of the staff, who have enhanced the practices ability to resolve disputes for (Also admitted N.I. 1998) its clients. December 2001

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Annual Conference 8th - 10th March 2002 Faithlegg, Waterford Joint Conference with SYS

We wish to announce that our conference in 2002 will be a joint conference with the Southern Young Solicitors. The conference agenda has yet to be finalised. The Conference fee will be in line with previous years and will be approximately £140.00. Anyone interested in reserving a place should complete the booking form below. Numbers are strictly limited and early booking is advised. NIYSA EASTER DISCO Booking Form

8th – 10th March 2002, NIYSA Conference. O'Neills Bar (Please complete in type or block letters) 4 Joys entry Name (off high Street) Firm Name Belfast Address

Thursday 28th Cost (approx £140.00) March 2002 Tel(inc.code) Fax e-mail

I will be sharing with

I wish to book for the NIYSA Annual Conference. I prefer a double/twin room (Please circle your preference). I accept that all payments are non- refundable and that my booking is subject to availability and to written confirmation by the Organisers. The remaining balance shall be payable by me to the NIYSA on request . I shall be responsible directly to the Hotel for any incurred room tab on check out. Note* We regret that we cannot accept bookings at the Conference Hotel for single rooms or single nights. All bookings must be made through NIYSA.

Please tick if vegetarian

Signed Date

Please return completed booking form and £40.00 deposit cheque in an 9.00pm - to late envelope marked "NIYSA Conference" to: Nessa Agnew, Vice-Chairman, NIYSA, c/o Joint Legal Services, SEELB, Block 1, Grahamsbridge Road, Belfast BT16 2HS Admission £5.00 Deposits to be received no later than Friday 18th January 2002 December 2001

21

ADVERTISEMENT Republic of Ireland Agents

All legal work undertaken on an agency basis All communications to clients through instructing solicitors Consultations in Northern Ireland if required

HOME CHARTER Contact: Seamus Connolly S.C. Connolly & Co. SCHEME Solicitors

Bank Building or Arran House MORTGAGE INSTRUCTIONS Hill Street 35/36 Arran Quay Newry Dublin 7 Practitioners please note that you should not accept any instructions County Down based on the Council of Mortgage Lenders Handbook because it only Tel: (01693) 65311 Tel:(003531) 8725622 relates to properties situate in England & Wales. In some cases, Fax: (01693) 62096 Fax:(003531) 8725404 particularly if the loan is being obtained from one of the small lending institutions, you may inadvertently be sent instructions not applicable to this jurisdiction. The Society is currently working with the Council of Mortgage Lenders to enable them to produce a handbook appropriate ADVERTISEMENT to Northern Ireland.

REPUBLIC OF IRELAND AGENTS STAMP DUTY

All firms have been sent the Inland Revenue press release in relation to the exemption from stamp duty which applies to all conveyances and transfers of land or interest in land, and to all leases of an interest in land, executed on or after 30th November 2001, where the 15 Lr. Mount Street, Dublin 2. land falls wholly or partly within one of the disadvantaged areas DDE Box 140 designated under the variation of Stamp Duty Regulations 2001 and the consideration for the transfer or the premium for the lease is Tel. No. (353-1) 6761100 more than £60,000 but not more than £150,000. Fax. No. (353-1) 6761630 The Inland Revenue has also made available a list of wards qualifying E-Mail: [email protected] for the stamp duty relief for disadvantaged areas. In order to confirm the location of a property within a particular ward, it is suggested ALL LEGAL WORK UNDERTAKEN ON that a vendor's solicitor is applying for Local District Council Property AN AGENCY BASIS Certificates, should add an additional question to confirm the ward in which the property is located and the postcode. FEE SPLITTING BY ARRANGEMENT CONTACT: FINBARR J CROWLEY BCL JOHN W CARROLL B.COMM BCL December 2001

22

of chronically sick or disabled which is hearing. The judge noted however contained in s.1 of the 1978 Act. This that the s.2 duty may in some includes people who have sensory circumstances, for example, the disabilities and also those who are resolute refusal of the NIHE to carry 'substantially handicapped by illness, out the works, require the trust to injury or congenital deformity and consider seeking permission to arrange whose handicap is of a permanent or for the adaptation by other means. lasting nature or are suffering from a mental disorder' . This wide definition In the case of McC, the Court upheld should include many of those people the trust's view that it did not have a who are seeking adaptations. duty to the applicant as she was not sufficiently disabled so as to come There is no statutory obligation upon within the definition of 'chronically the NIHE to adapt the home of a sick or disabled', which is set out in tenant with a disability, however, the the Act. practice has been that it would do so on the recommendation of a trust. The case of Q was withdrawn when it Following the recent review of the became clear that the adaptation was Community care adaptations service, the NIHE will to be carried out in the near future. assess the need for heating The judgement in the non-heating adaptations itself, and adapt as case law up-date case, H, also concerned s.2(e) and held necessary. that the trust had to consider its duty Where responsibility lies between There is also a grant making obligation under this section where, as in this health and social services trusts and on the NIHE contained in art.52 of the case, there was an acceptance of a the Northern Ireland Housing Housing (NI) Order 1992 which obliges need for adaptation for a child with a Executive for ensuring changes of it to operate a disabled facilities grant disability but a failure on the part of heating systems and other adaptations scheme for tenants, landlords and the parents to meet the financial to homes for people with disabilities owner occupiers. means test for a disabled facilities causes considerable confusion. This grant. It was not sufficient for the The importance of the legislation for article informs solicitors of the latest trust simply to regard its duty as people in need of an adaptation is developments in the interpretation of having being fulfilled by a referral of seen when there is a delay in relation Northern Irish law in this area. the family to the grants system to the assessment of need, a failure to available. This case is on-going in recommend adaptation or a delay in There have been five judicial review relation to how the trust will interpret the carrying out of works to meet the cases before the High Court in its position under s.2(e) but it should assessed need. Ultimately, the Northern Ireland this year which involve a separate consideration by the existence of a statutory obligation considered the extent of a trust's duty trust of the means of the family. The becomes a key issue where a person is under s.2(e) of the Chronically Sick and judge commented that there is a unhappy with the adaptation process. Disabled Persons (NI) Act 1978. Four of continuing positive obligation upon Arrangements adopted by trusts and these cases involved heating the trust to fulfil its obligation to the any agreement with the NIHE must adaptations and the other involved child. The trust are also required to conform to the trusts' statutory the installation of accessible showering consider their obligations in the light obligation under s.2(e) of the 1978 and toilet facilities. The judgements in of Article 18 of the Children (NI) Order Act. these cases give some guidance as to 1995 and Article 8 of the European the interpretation of the legislation. Convention on Human Rights in Case law relation to the right to respect for the Legislation The issue in four of the cases was private life of the child. The legislative obligation on trusts as whether the system of assessment and regards adaptation of homes is referral on to the Northern Ireland Policy change contained in s.2(e) of the Chronically Housing Executive was sufficient to Sick and Disabled Persons (NI) Act fulfil the duty on the trust to assist in The team carrying out the 'Fundamental Review of the Housing 1978. This section places a statutory arranging for the carrying out of adaptations, particularly in the context Adaptations Service' have issued a duty on the trust, where necessary to preliminary report. Until March 2001, of delay and failure to implement make arrangements under articles 4 the trust occupational therapy and 15 of the Health and Personal recommendations by the NIHE. department assessed the need for an Social Services (NI) Order 1972 to meet The duty was considered in the J case adaptation, including heating, and the needs of a person, to provide to be to make 'such arrangements as made a recommendation to the NIHE, assistance in arranging for the carrying if the person lived in NIHE property, the trust considers suitable and out of adaptations to the home, or to that the work be carried out. The NIHE adequate' and in that case, the level of provide additional facilities designed had agreed in a service agreement involvement by the trust in contacting to secure greater safety, comfort or that it would carry out the the NIHE and offering interim services convenience. recommendations of the trust in most was held to be lawful. The case of B situations. One of the key changes as a This legislation only applies to those concerned similar issues but the result of the review is transfer of people who come within the definition heating was installed before the full responsibility for assessment for December 2001

23 heating adaptations to the NIHE for ADVERTISEMENT people living in their properties. Such cases will no longer require an assessment by an occupational therapist. It is hoped that this will speed up the processing of applications for adaptations in this area as in many cases there will not be a need for a home visit assessment. The NIHE has established three entry criteria for a change of heating: the High Net Worth Home Insurance client must be over eighteen, indicate that s/he is permanently and severely Who can you approach for Standard Home, Motor, Office insurance disabled, with severely limited package Deals? functional ability and has difficulty managing her/his current system. The list is endless, we offer all these facilities from offices in Holywood & People will however be deemed to Edinburgh. meet the entry criteria if they are over But, 75 years of age, in receipt of disability related benefits, have one of a number Who can offer high net worth home insurance? of listed illnesses or disabilities, or Who has the knowledge and expertise to advise you? where they have been provided with equipment or had an adaptation Who will spend dedicated time with personal service at your home or carried out in the past. office?

People who are not living in NIHE Laing & Co Ltd specialists at underwriting high net worth homes for accommodation will continue to be over 10 years. assessed by the trust and then a recommendation will be made for a For building over £150,000 & contents over £65,000 we individually disabled facilities grant if a need is underwrite every case, hence we tailor the policy precisely for you. established. Subsequent rates are the most competitive on the market There has, however, been no change to the statutory responsibilities set out Key Distinguishing Features above and therefore the trusts retain a duty to assess and assist in arranging • World-wide All risks cover for your contents the meeting of heating adaptation • New for Old on all contents including clothing needs. If the person with a disability is • Specialist cover for antique collections, fine art and jewellery satisfied with the service provided by • No onerous jewellery or alarm conditions the NIHE then there will be no difficulties. If, however, there is a delay • Annual travel with personal accident cover or a failure to assess or meet needs, • A guarantee to pay interest on any claim over £2500 not paid to then the legal remedy remains against you by us within 4 working days of your signed agreement form. the trusts. Similarly, if a disabled • Reassurance you will not be penalised in the event of a claim if sums facility grant is not available, the trust insured are unintentionally inadequate may have to consider whether it has a continuing duty to assist the person in • World-wide cover for business equipment obtaining the adaptation. • Liability for charity events held at the insured premises • Interest free direct debit facility Conclusion Additional services The five judicial review cases have highlighted the trusts' responsibilities • Free security advice under the Chronically Sick and • Contributions towards full contents valuations and subsequent Disabled Persons Act in relation to discounts on your premium home adaptations. Further information • Legal expenses cover can be obtained from the Law Centre (NI) on legal challenges in this area. Ring Tanya or Graham on

028 9042 5125 Maura McCallion Solicitor, Law Centre (NI) 142 High Street, Holywood, Co Down, BT18 9HS Fax: 028 9042 5126 Email: [email protected] December 2001

24

the Court Service will soon be circling barristers themselves, a surprise given over the courthouses at Banbridge, that you can't find a barrister New Kilkeel, Clougher, Cookstown, Larne, who'll pay for a large brown envelope. Limavady, Bangor, and Newtownards To guard against the introduction of (why not also Magherafelt and chambers by stealth, the new Bar Strabane one asks). The plan is to Building will be designed so that desks concentrate on the bigger and better Buildings and office suites (catering for 4) resourced venues (to which Dungannon will be alternated throughout the half will soon be added). None of this The likelihood of a good idea building. There will be consultation, augers well for the social skills of succeeding are the same as a dog conference and restaurant facilities and practitioners who traditionally made getting noticed behind a double an underground dungeon, sorry, car friends by sharing horror stories about glazed window - good presentation, park. The existing Bar Library will the food and shelter offered at the not barking, gets results. become a reading library (a more remote scratching posts. A wonderful plan has been hatched by contradiction surely) and the post-room The Court Service which must have left With similar pouts and poses of staff will be moved across to facilitate the parents of the egg feeling fairly panache, the Bar Council has embarked the peace and quite. upon a building program of its own. pleased with themselves. Laganside With only three notes and a bad A four-story office block - to be Courthouse opens early February, a harmonica Bob Dylan persuaded a adorned with pillars of portland stone - fine embodiment of the £30m and the generation that times were changing. is being built on the 'variety market' Private Funds Initiative which helped to A local artist by the name of Nicola site (the old Bar car park). It will be build it. Standing on the site of Russell is using a postcard to persuade shared equally with the office of the the Old Belfast Fire Station and part of the townsfolk of Belfast that the City D.P.P., down the middle without a public road (Townhall Street), Hall could and maybe should be turned interconnection. The settlement might the new build consists of 3 main floors into a museum/art gallery. One hopes appear equitable were it not for the with mezzanines, 16 courtrooms, 20 the idea gets noticed over the double- fact that the Bar conservatively consultation rooms, judge's chambers, glazed barking of the public spirited estimated its need on a saturation witness waiting areas, jury lounge councillors. and, possibly, a viewing gallery for point of 500 members. That figure is outdoor events at the Waterfront. now too low. The building is expected There will be conference, multi-media, to cost 18m and will be paid for by the T C Symth and restaurant facilities (and restrooms as well perhaps). The ADVERTISEMENT Mancurean architects have borrowed form the look of the R.C.J. and the Waterfront to present a pleasant looking edifice; even the aerodynamic sticky-out bits and the Ally-McBeal ef landscaping manage to blend into the SOLICITORS visual symphony. More impressive than NORTHERN IRELAND the building itself however is the Private Client Lawyer (Ref: PRI0101) domino effect which Laganside will trigger around Belfast. Solicitor with two to three years post qualification experience required for our Private Client Department. Candidates with less years’ post qualifica- The County, Magistrates, and Crown tion but with relevant experience may be considered. Courts will move into the new premises. The Old Townhall Building Must be prepared to work as a member of a team and have a willingness will host the Youth, Family and to acquire further knowledge and develop skills in the private client area of Coroners Courts. The existing law e. g. wills and probate and residential conveyancing. courthouse at Newtownabbey will, like Crumlin Road before it, be sold off to Good inter-personal and organisational skills are essential. the private sector. But the best of the Computer skills desirable but training in computer skills and I.T. will be changes will be Phase 2 (Phase 1 being provided. The firm offers a rewarding career with training and opportunities Laganside). This will be great step for to develop expertise in appropriate specialist subjects. humanity. It's creator must surely have tucked into the Weetabix when he Applicants must show commitment, potential and adaptability. reached the brave decision that the only decent thing to do with the Apply to Roisin Maguire ([email protected]) in confidence in writing existing Magistrates Building was to for application form. Application forms to be submitted by close of business on 18 January 2001. demolish it. The resulting carpark will undoubtedly become a shrine to all Cleaver Fulton Rankin those who want to reflect on the 50 Bedford Street crimes of bad architecture. Belfast BT2 7FW Tel. 028 9024 3141 Further afield, and assuming that Fax. 028 9024 9096 newspaper reports are to be believed, Email [email protected] December 2001

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GMA Associates would like to wish all their clients a Merry Christmas and a Happy New Year 51/52 Fitzwillian Square, Dublin 2, Ireland Tel: (3531) 6619826 Fax: (3531) 6614581 DX 188. E-Mail: [email protected] Willing to undertake agency As Ireland's leading Quality Consultants for the Public and Private Legal work on behalf of Sector, we provide consultation on: Solicitors in Northern Ireland Contact AnneMarie LEXCEL McCrystal LL.B. (Also admitted N.I. 1991) ISO9000/2000

INVESTORS IN PEOPLE ADVERTISEMENT HEALTH AND SAFETY Agricultural Advice COMPUTERISED CASE MANAGEMENT Litigation reports prepared on all aspects of agricultural/horticultural Over the ten years we have been in business in Northern Ireland we have production, livestock and handling, assisted over 150 professional practice’s with the implementation and including personal injury and loss assessment of 200 management systems, our current client list includes large and small local practices and our integrated documentation allows adjustment, by an experienced Expert choice on which standard they wish to approach. Witness, checked and listed in the Law Society of England and Wales’ For a free consultation/quotation or further information contact: Directory of Expert Witnesses 2000, is a Member of the British Gary Millar Institute of Agricultural GMA Pinetree Lodge, Consultants and a trained Mediator 40 Tullyhubbert Road, on agricultural problems. Ballygowan, Newtownards, BT23 6LZ Contact: Dr W A McIlmoyle Animal Nutrition Tel: 028 9752 8427 and Agricultural Consultants

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ADVERTISEMENT Missing Wills Land Certificate “Why didn’t you JAMES HARRISON Folio AR 9777 County Armagh Registered Owner: Declan and Pauline LATE OF 38 CHERRYHILL ROSTREVOR Doyle (Previously Pauline Stewart) tell me?” COUNTY DOWN Lands at 8 Third Avenue, Derrybeg DIED ON 15TH OCTOBER 2001 Park, Newry County Down are words you don’t TAKE NOTICE that any person having Would any person holding an original want to hear custody of or information as to the Will for the above named deceased whereabouts of the Land Certificate please contact Donnelly Neary & Advise your client about relating to the above mentioned folio Donnelly Solicitors 1 Downshire Road legal costs insurance should forthwith produce said Newry Co Down BT34 1ED Certificate or communicate such Indemnis operates a straightforward Telephone: 028 3026 4611 information to the undermentioned application process. There are no solicitors. panel or registration fees AND TAKE FURTHER NOTICE that RE: Rose Scullion Deceased late of 47B unless the said Land Certificate is so Gardenmore Road Twinbrook, Belfast, produced or adequate information as CO Antrim to its whereabouts is so communicated Date of death 26 May 2001 within 3 weeks of publication of this Would any solicitor who is aware of notice, a duplicate Land Certificate may the whereabouts of the original Will be applied for. 11 Donegall Square South, made by the above named deceased Belfast, BT1 5JE Fitzsimons, Kinney, Mallon Solicitors contact Paul Sweeney of Bogue & Tel: 028 9057 3300 Fax: 028 9057 3311 6 John Mitchel Place McNulty of 208 Stewartstown Road, Newry DX No: 2024 NR Belfast 2 Belfast BT17 OAH. Co Down Website: www.indemnis.com Tel: 028 9062 0836 BT34 2BP E-mail: [email protected]

ADVERTISEMENT RE: Robert Millar Cross Late of 9 Elmfield Park, Donaghadee And of 13 Silvio Street, Belfast The complete Would any person having knowledge of the whereabouts of a Will for the above named deceased, please contact Probate & Trust Service Fisher & Fisher, Solicitors of 165 Sandy Row, Belfast, BT12 5ET, (phone 028 9024 7050) AS SOON As possible. for Solicitors ✔ EFFICIENT ✔ SERVICE Probate Trust service for Northern Deceased estate disposals, Schedule of Coroners : Ireland Solicitors. Providing probate apportionment, trust and private client Correction valuations, confirmation of holdings portfolio management. Independent tax support and advice. Trust service and financial planning advice providing investment advice and By reference to the schedule of ongoing portfolio management contact details which appeared in the October 2001 edition of the ✔ ACCESSIBLE ✔ EXPERIENCE Writ, please note that the details Regular presence in Northern Over 200 years of serving investors and a for the HM Coroner for South Ireland to assist with Client liaison member of the London Stock Exchange Down should have been as follows: and advice since 1852. Voted the ‘Best medium sized Stockbroker 1999’ by Investors Chronicle J Daniel Thompson readers 72 Ardress Road For more information contact Portadown Jamie Boag on Co. Armagh BT62 1SQ STOCKBROKERS 02380 381809 e-mail: [email protected] Tel/Fax: (028) 3885 1347 Member of the LSE • Regulated by the FSA December 2001

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ADVERTISEMENT SOLICITORS REQUIRED

ASSISTANT SOLICITOR REQUIRED Mainly Litigation Work Part-time Temporary Post Apply in writing enclosing full C.V. to Conor Downey Bogue & McNulty Solicitors Unit 8 First Floor Legahory Centre CRAIGAVON BT65 5BE E-mail: [email protected]

ASSISTANT SOLICITOR Mainly Matrimonial/Personal Injury Litigation May suit part-time applicant with suitable experience. “Tie it all together with a PhiBeta system” Excellent terms and conditions of employment in superb office in listed rectory building apply with full CV To The Principal John McLaughlin & Co. "The Rectory", 2 St Judes Avenue, PhiBeta Business Systems Ltd Belfast BT7 2GZ 43 Rosetta Road, Belfast BT6 0LR Telephone: 028 9049 1336 Fax: 028 9064 0753

J Blair Employment Law Solicitor 46 Hill Street, Belfast BT1 2LB Requires an Assistant Solicitor for busy ADVERTISEMENT employment law practice. Ideal FOND FAREWELL candidate should be qualified solicitor and have 1 - 3 years PQE. Experience in TO NEWTOWNABBEY REPUBLIC OF IRELAND employment law including MAGISTRATES COURT AGENT discrimination law is desirable. Computer literacy is also desirable. The All practitioners and Court staff David M Turner & Co successful candidate will undertake his wishing to join in an occasion to Solicitors or her own caseload, in both mark the closure of 32 Lower Abbey Street contentious and non-contentious Newtownabbey Magistrates Court Dublin 1 employment law matters, but will also are cordially invited to the Tel: 00353 1 878-7922 - provide support to the principal. Glenavana hotel on Friday 1ST of Fax: 00353 1 872-7736 Genuine prospects for suitably February 2002 at 4.00pm for a motivated candidate. finger buffet at a cost of £10.00 Email: [email protected] Apply in writing enclosing CV to the per head. All those interested principal. All applications treated n please contact Margaret McGauley strictest confidence. Closing date for at Bernard Campbell solicitors on We are willing to act as agents in submission of CV is 18th January 2002. 9006 9033 or Jill Dowling at most legal matters. Our offices are The firm is an equal opportunity Magennis Creighton solicitors on located in the City Centre of employer. 90365777 Dublin near the IFSC and Four the E-mail: [email protected] Courts

Fee splitting by arrangement Caruth & Bamber Solicitors, Ballymena Title Deed Contact: David M turner Solicitor required for general practice. Ideal candidate should have 2 years PQE. Also admitted in Northern Ireland Please apply in writing enclosing full CV Apprentice solicitor seeks to complete England and Wales to Caruth & Bamber, Solicitors, 80 apprenticeship at Belfast firm. Will Broughshane Street, Ballymena, qualify August 2002. BT43 6ED Please contact PO Box No 102 December 2001

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New Books in the Library

1) Harvey: Human rights, equality and democratic renewal in Northern Ireland. Hart. 2001 2) Graef: Why restorative justice? Repairing the harm caused by crime. Calouste Gulbenkian Foundation. 2001 3) Palmer: Animal law. 3rd ed. Shaw & Sons. 2001 RECOMMENDED READING 4) Gaymer: The employment LIVING WILLS relationship. Sweet & Maxwell. 2001 5) Anderman: The law of unfair Articles dismissal. 3rd ed. Butterworths. Living wills - a new add-on for clients? (Advantages and disadvantages of 2001 living wills, extent to which they can be enforced, ethical and legal 6) MacDonald: Tolley’s Managing e- background, advice solicitors should give to clients and drafting of living will mail & internet use. Tolleys. 2001 directives with example form) Sanders: Declarations of trust: a Docker: 1999 Tru & ELJ, 9, 12-15 draftsmsn’s handbook. 2nd ed. Sweet & Maxwell. 2001 The doctor and the lawyer: medico-legal problems today (consent and refusal of treatment, disclosure of risk, living wills and detention of mentally ill patients) Samuels: 1999 Med Leg J, 67(1), 11-24 *Precedents 1) Living will (full form) 2) Living will – version from the Terrence Higgins Trust and the Centre of Medical Law and Ethics, Kings College London *Either of these forms can be downloaded and sent electronically on request to The Law Society wishes all its the library. members a very Alternatively, forms of Living Wills are available from The Terrence Higgins Trust (tel. 0207 831 0330) by sending an A4 stamped addressed envelope Happy Christmas together with a donation towards the administrative costs of the Trust. and a prosperous New Year The Land Registry - The Good News! Following a meeting at Stormont on 27th November between the President, Mr John Neill, Mr Donald Eakin and myself, on behalf of the Society, and the Deputy First Minister, Mr Mark Durkin, MLA (wearing his Minister of Finance and Personnel's hat), we can announce that the Government has agreed to a temporary moratorium on the extension of Compulsory First Registration and the implementation of the Ground Rents Act. CFR will be postponed until the Law Society Library Email: Land Registry has reduced the present backlog of work to a manageable level [email protected] and in the meantime the Ground Rents Act will be implemented on a voluntary basis only. The Minister also promised to address the question of resourcing for the Land Registry. Copy deadline for January We were greatly assured by what the Minister said and we were left with the ?? ?th January 2002 distinct impression that by the time the next tranche of CFR is rolled out and the Ground Rents Act is implemented on a compulsory basis (not necessarily concurrently), the Land Registry should be able to deliver a much better service. Published by the Law Society of This is good news for the profession in that we should start to see a gradual Northern Ireland reduction in the turn-around times for applications, rather than the anticipated 98 Victoria St. Belfast, BT1 3GN log jam of the entire process. This would be greatly assisted, of course, by Editor John Bailie practitioners making sure that applications to the Registry are free from The views expressed are not mistakes. necessarily those of the Law Society John W D Pinkerton, Non-Contentious Business Committee of Northern Ireland

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