theWrit J OURNAL OF THE L AW S OCIETY OF N ORTHERN I RELAND I SSUE 160 NOVEMBER / DECEMBER 2004

Inside this issue: Our New President

Freedom of Information Act ...... page 5 New Developments in the Law on Bail ...... page 11 SDLT Update ...... page 13 Tribute to Billy Cumming ...... page 34 2 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 Attracta Wilson Law Society President 2004/2005

When you listen to Attracta Wilson’s I instantly came into contact with past give you a steer if needed and their clearly enunciated accent you are aware LSNI Presidents being taught Magistrates advice was always worth listening to. that she hails from a more softly spoken Court by Comgall McNally and becoming I had an excellent apprenticeship with part of the island. Originally from an apprentice in the firm of McCartan Bernard Turkington whose advice I have Charlestown, County Mayo, she attended Turkington Breen.” sought and relied upon to good effect University College Galway, down through the years. graduating with a BA in 1978 I cannot speak highly enough and an LLB in 1980. She of Damien Breen who gave qualified as a solicitor in the me an excellent grounding in Republic of Ireland in 1982 conveyancing the Northern having served a period of Ireland way. Sadly he passed apprenticeship with Charles away at the beginning of this Kelly of Douglas Kelly & Son year. He was a great solicitor in Swinford, County Mayo. and a true gentleman.”

“When I qualified I was lucky At the end of 1989 Attracta enough to be offered a job moved from private practice by Charles and I thoroughly to the public sector and enjoyed country practice the office now known during the following five as the Departmental years. I enjoyed the variety of Solicitor’s Office. work general practice offered and Douglas Kelly & Son was “Life in the public sector is a great office to work in.” very different to private practice. It gives you the During her time in Mayo opportunity to enjoy law Attracta became involved without the stresses and with the Mayo Solicitors’ Bar strains associated with private Association and became its practice. It offers a breadth of Secretary in 1986. She also interesting and challenging tutored at Blackhall Place, work and contrary to popular the Dublin equivalent of the opinion is in fact very busy.” Institute of Professional Legal Studies - an activity she Attracta worked for a continued for a number of Attracta Wilson, significant period of time in years following her move to Law Society President 2004/2005 Employment Law but now Northern Ireland in 1987. specialises in EU law. Recently she was appointed In 1987 Attracta married James, an During her time at McCartan Turkington a part-time Chair of Industrial Tribunals. Armoy man practising as a veterinary Breen, Attracta worked mainly on the surgeon in Lisburn. commercial side and found city practice 1991 and 1993 represented major very different from rural West of milestones in Attracta and James’ life “Those were the days before Ireland practice. when Charles and Sarah were born. reciprocal arrangements were in place and to qualify in Northern Ireland “It was nonetheless very enjoyable and “Children grow up very quickly and one I had to study for the Law challenging. The team at McCartan of the big advantages of a public sector Society exams and serve a period Turkington Breen were very busy and career are the family-friendly policies.” of apprenticeship. hard-working but always had time to 3 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

Since 1997 Attracta has worked part- Complaints Committee and, more By way of example, Attracta refers to a time hours to coincide with the children’s recently, the Policy Co-ordinating series of discussions which are ongoing school hours. Committee. She has also chaired the with the Northern Ireland Court Service CPD Working Party, is a Member of the in connection with remuneration rates for “I appreciate that life in the private Council of Legal Education, a Member criminal legal aid. This type of issue is one sector does not which goes to the lend itself as very heart of the readily to family- General Practice friendly network operating arrangements. in Northern Ireland. Nonetheless, Many of the smaller the number of practices rely heavily women in the on legal aid and it is profession is essential that this hard increasing work continues. annually. This year, of the 95 A Review of Legal solicitor places at Services is imminent IPLS, 62 places and plans are have been taken ongoing for a by women and proposed the profession development of Law must adapt to Society House. allow these This is currently in women to such a state that continue making refurbishment is out their very of the question and significant and ongoing repairs are worthwhile representing a huge contribution to cost to the Society the law whilst and are wasteful of combining it with Society funds. With their role of these issues alone, carers, not only of Attracta recognises young children that the year ahead but often of will not be easy. James Wilson, Attracta, their daughter Sarah and one of the family dogs. elderly parents Attracta’s son Charles was unavailable for this photograph. and in-laws.” She is, however, determined to do Attracta joined the Law Society as a of the Board of SLS and a past her best, is committed to working hard co-optee in 1996 and during her time on Member of the Advocacy Working Party. and looks forward to working with the Council has served on the European and dedicated and talented team on Council, External Relations Committee (whose When asked what she wanted to with the Senior Vice-President, John Chair she became in 2000), the Human achieve during her year as President, Pinkerton, the Junior Vice-President, Rights Committee, the Education Attracta reflected on the serious Rory McShane and the professional Committee (which she chaired for a challenges facing the profession at and administrative staff at Law Society number of years), the General Purposes the moment and recognises that there House led by the Chief Executive and Finance Committee, the Client is a lot of hard work to be done. John Bailie. 4 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

Practising The New Presidential Team Certificate Left to Right; Rory McShane (Junior Vice-President); Attracta Wilson, President Reminder and John Pinkerton (Senior Vice-President).

By the time you read this, you should have received the Application Form (PCR1) to facilitate the renewal of your Practising Certificate. This year the renewal forms have been issued slightly earlier than usual. This should have two benefits. First it means that practitioners should have more advance notice to allow the form to be completed in the run-up to Christmas. Secondly it means that there should be no excuse for not returning the Form on time. The covering letter which accompanied the PCR1 emphasised the importance of correct completion and timely return of the form to the Society. You are reminded again that all forms must be returned not later than 5th January 2005. As regards correct completion, please bear in mind: [A] the responsibility for proper completion and return of the form lies with the individual applicant solicitor (i.e. not the firm or employer); [B] the application must bear the personal signature of the applicant, and be both signed and dated; [C] the application must be accompanied by the correct remittance. By way of reminder, the Practising Certificate Fee for 2005/2006 is £780.00. The prescribed Compensation Fund contribution applicable to the applicant is also calculated and shown on the PCR1. For 2005/2006 the relevant full-contribution is £950.00 (payable by solicitors with more than six Practising Certificates since THE MAYO CONNECTION admission); the half-contribution is £475.00 “ ” (payable by solicitors receiving their fourth, fifth or sixth Practising Certificate), and a Nil contribution is levied in accordance with the relevant statutory The Writ has learned that some fine tuning is taking place as regards provisions on solicitors receiving their first, second a price package for next year’s Conference which will be held on 25th or third Practising Certificate following admission. and 26th March 2005. According to an insider the event promises to [D] For solicitors in private practice the Practising be ‘awesome’! Certificate Application Form must be accompanied by the correct and original Professional Indemnity The new President’s team are putting the final touches to booking forms Insurance Certificate. It is common for the Form to which will shortly appear with this magazine. arrive with the Society with no Insurance Certificate, with a photocopy of an Insurance Certificate, or with the wrong Insurance Certificate. In respect STOP PRESS!! of each solicitor a Schedule will have been provided Due to unprecedented interest shown at the recent Law Society by the Society broker (MARSH) which clearly Dinner the President’s Conference team has pulled out all the stops identifies itself in these terms: “(NB: This schedule should be forwarded to the Law Society as evidence and brochures for Ashford Castle 2005 have been released with of insurance)”. this issue. The Society is appreciative of your co-operation As the price package is so competitive, members are urged to send and attention in all these respects. J.W. BAILIE in completed booking forms right away to avoid disappointment. Registrar 5 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

The Right to Know - Make it your business The Freedom of Information Act 2000

Marie Anderson, Assistant Information operation of some 23 exemptions. There Commissioner for Northern Ireland, are two basic categories of exemption:- reminds the legal profession of the new statutory right that will change the way (a) Absolute the public sector works and explains the (b) Qualified impact of this right on the private sector Absolute exemptions include personal THE RIGHT TO KNOW information (section 40 of the Act), The Freedom of Information Act 2000 information in confidence (section 41) (the Act) was passed in November 2000. and statutory prohibitions on disclosure However, the statutory right of individuals (section 44). When information falls to access recorded information ‘held’ by under an absolute exemption, the public public authorities covered by the Act will authority need not supply the not come fully into force until 1 January information and there is no requirement 2005. Lawyers should be aware of this to consider the public interest. important new statutory right and how it may impact on their work and their Qualified exemptions differ and even if clients’ business interests. the information falls within an exemption, the ‘public interest’ test must The right of access is provided for in still be applied. The public interest test is section 1 of the Act to be found at section 2 of the Act.

‘.. (1) any person making a request for Marie Anderson, ‘…. (2)(b) In all the circumstances of the information to a public authority is Assistant Information Commissioner case, the public interest in maintaining entitled – the exemption outweighs the public audio tapes. Requesters may express interest in disclosing the information’ (a) to be informed in writing by the a preference for communication of public authority whether it holds the information by way of provision The test involves a public authority in information of the description of a permanent copy, a digest or weighing up the harm that disclosure specified in the request, and summary of the information or might cause against the public interest in (b) if that is the case, to have that alternatively an opportunity for disclosure. A number of ‘public interest’ information communicated to him.’ inspection. Experience in other factors have been identified by the jurisdictions tells us that information Information Commissioner in its The right is conferred on ‘any person’ requests can range from the salary and awareness guidance. Generally the public and is a right to ‘any’ recorded expenses of public servants, to the interest is served where access to the information. Person in this context can be tender price in a government contract. information would further such matters an individual, a solicitors’ firm, a pressure as the understanding of, and group or a company. A request can come Draft regulations relating specifically to participation in the debate of issues of from any part of the world to a public access to environmental information have the day, accountability in the spending of authority or publicly owned company recently been laid before Parliament. public money and matters affecting covered by the Act. By virtue of section From January 2005, the Environmental public health and safety. 10, an authority must respond promptly Regulations and the Data Protection and and in any event not later than 20 Freedom of Information Acts will operate WHOSE INFORMATION? working days following the date of to ensure a comprehensive access to The Act only applies to information ‘held’ receipt of the request. information regime. by certain public sector bodies. There is extensive coverage in the public sector. In The right applies to information recorded AN UNFETTERED RIGHT TO KNOW? excess of 100,000 public authorities must in any form which would include paper Although the section 1 right is very meet the Act’s requirements, regardless documents, e-mails, cctv footage and broad, its scope is narrowed by the of size or remit. For instance, even GP 6 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

surgeries and nursery schools are covered ‘… (a) It is held by a public authority, intend to use that information. The Act is by the Act. otherwise than on behalf of another motive blind and is available regardless of person, or the intent of the person requesting. The definition of a public authority is to (b) It is held by another person on be found at section 3 of the Act. A public behalf of the authority.’ If you are negotiating with the public authority includes any government sector on behalf of a corporate client, department (including a Northern Ireland Where a public authority has information you may wish to consider the following Department), local authorities and in its possession or where it has been aspects of Freedom of Information – NDPBs. If you are advising a public sector provided by another public authority with client you should carefully examine Part the information, it ‘holds’ that • What information relating to the VII of Schedule I which contains an information. The public authority having contract is truly confidential in the additional list of Northern Ireland public contracted with your client, will therefore legal sense ? authorities, such as the Supreme Court hold information about your client. This • Can the confidential information be Rules Committee and the Equality and might include information that your client identified in a schedule to the contract? Human Rights Commissions. If you act regards as being confidential or • Would your client’s commercial for a public authority which is not commercially sensitive. interests be prejudiced by the release currently designated, you should be of such information ? aware that the Secretary of State has There is guidance on the meaning of • To what extent would that prejudice power to designate public authorities ‘held’ available on our website together be real ? which fulfil certain conditions. This power with guidance relating to information • If the public interest test were to be is provided for at section 5. In addition, held in confidence, trade secrets and applied, where might the balance lie? publicly owned companies, as defined by information the release of which would • What procedures has he in place for section 6, are also covered by the Act. prejudice commercial interests. This search and retrieval of any information If you are in any doubt as to whether should be carefully considered. held on behalf of a public authority ? or not a body falls under the Act, you should contact the office of the WHY DO PRACTITIONERS NEED TO You may wish to ask your client to carry Information Commissioner for advice KNOW ABOUT THE ACT? out a risk assessment in relation to the and guidance. The DCA will be able Whether or not your client base is in the information he suspects might cause to advise on bodies destined for public or private sector, you may be most damage to his business. Having future designation. called upon to advise a client about the carried out the assessment, beware of status of information relating to your over drafting restrictive confidentiality There are two Codes of Practice to assist client and held by a public authority clauses. A point to note is that whilst it public authorities with their duties under which is the subject of a section 1 might be useful to consider the status of the Act. These are known as the Access request. You may need to advise your information at the time that a contract is Code ( section 45) and the Records client on the exemptions under the Act concluded, the test of confidence or Management Code(section 46 code) and and the legal consequences of releasing prejudice to commercial interests is can be found on the Department for that information into the public domain applied at the time the request is made. Constitutional Affairs website at or indeed failing to do so. www.foi.gov.uk. The Codes provide The actual decision as to whether there ENFORCING THE ACT essential practical guidance on handling should be a disclosure of the information Where a request is refused, the individual requests for information (the section 45 will rest with the public authority or indeed his solicitor on his behalf may Code) and records management (section receiving the request. That public appeal to the public authority through its 46 Code). authority has to weigh up its duties own internal complaints procedure. under the Act against any duty of Where no such appeal mechanism exists, WHAT ABOUT THE PRIVATE SECTOR? confidence owed to the contractor. there is a right to make application to the The private sector cannot ignore this In the event that a public authority seeks Information Commissioner for a decision legislation as it will impact significantly on advice as to the status of the information under section 50 of the Act. The those who do business with the public at the date a request is made, such Commissioner is obliged to make a sector, in particular in the area of public advice must be given promptly so that decision in all but a few significant sector procurement. Take the example of the public authority can meet the circumstances. These are:- a contractor (your client) who successfully statutory deadline. tenders for a contract. The contractor will (a) Failure to exhaust an internal retain information relating to that A corporate client or indeed any complaints procedure. contract. In such instances the definition individual who is refused official (b) The application is delayed. of ‘held’ at section 3(2) of the Act is of information, may from January 2005 (c) The application is frivolous relevance. Information will be held by a invoke the section 1 right to access that and vexatious. public authority if – information regardless of how they (d) The application is withdrawn. 7 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

A decision of the Information Commissioner is legally binding. In addition to the statutory duty to make a decision, the Information Commissioner has power to issue a number of formal Legal Opportunities notices requiring the public authority to take steps or provide information. Brightwater is a leader in the Recruitment Market. Our success has been based upon our level of expertise and professional service. Our Where a public authority has failed to specialist legal division recruits professionals into practice and comply with information, enforcement or in-house roles from Partner to Para Legal level. so much of a decision notice as requires steps to be taken, the Commissioner and We guarantee a full confidential service to our candidates, identifying not the individual may bring the matter suitable career opportunities with genuine prospects. to Court. By virtue of section 54(3) of the Act, the Court may inquire into the matter and after hearing any witness on Corporate Solicitor £25,000 - £29,000 behalf of the authority and any Established city centre firm requires a Senior Corporate Solicitor with statement in their defence, the Court extensive experience in MBO’s along with excellent business acumen. may deal with the matter as a contempt The ideal candidate will be capable of working on their own initiative of court. The appropriate penalty in such as well as part of a team. Ref: 14502 circumstances is a fine. There is also likely to be damage to the reputation of any Property Lawyer £22,000 - £26,000 public authority found by the Court to be Highly regarded NI law firm require a Solicitor for their North West in contempt. The Commissioner’s office. Qualified to work both North and South and experience in enforcement powers under the Act are commercial and residential across both jurisdictions. Excellent considerable and include a power to opportunity for the right candidate. Ref: 13369 prosecute persons who alter, deface or destroy any record with intent to prevent disclosure. Commercial Conveyancer £22,000 - £26,000 Existing opportunity for an experienced Commercial Property Whether your client base is in the public Conveyancer. At least 2 years with a specialism in commercial property or private sectors, consideration should is required to join this young dynamic city centre practice helping to be given to this important new law. build upon their ongoing success and reputation. Ref: 15106

Although the Act is aimed at changing Conveyancing Solicitor £22,000 - £26,000 public sector culture, the world of Established legal firm based in North Down area require an business is unlikely to escape its impact. experienced Residential Conveyancing Solicitor. Ideal candidate will have a minimum of 5 years PQE and experience in new developments, probate and trusts. Ref: 11083

Legal Secretary £12,000 - £16,000 Belfast city centre firm requires a Legal Secretary with a minimum of 4 years experience. Role involves working within a young dynamic team support environment. Ref: 14559

For further information on these roles and other opportunities, please contact Sarah Baird for a confidential discussion on 028 90 325 325 or email your CV in the strictest of confidence to [email protected]

51/53 Adelaide St., Belfast, BT2 8FE Email: [email protected] Tel: 028 90 325325 Web: www.brightwaterNI.com 8 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 CPD TO APPLY TO ALL SOLICITORS FROM JANUARY 2005

By virtue of the Solicitors Training The scheme approved by Council A copy of the 2004 Regulations and the (Continuing Professional Development) replicates the terms of the existing scheme can also be downloaded from the Regulations 2004 all solicitors on the roll scheme which has applied to those Society’s website at www.lawsoc-ni.org. who have a practising certificate are qualified since 1992. The detailed We set out below a number of questions required to undertake a scheme of provisions of the scheme can be found at and answers, dealing with some of the continuing professional development from the start of the 2005 CPD Record Card issues arising from the implementation of January 2005. booklet which will be distributed shortly. the scheme.

CPD - Your questions answered

Q: All solicitors holding a practising If the particular lecture, tutorial etc is Q: I have retired from full time certificate will be subject to the repeated, no time may be claimed in practice but work as a consultant Solicitors’ Training (Continuing respect of the repeat. two days a week. Am I subject to Professional Development) Regulations the regulations? 2004 from January 2005 onwards. Q: What is meant by private study? A: If you work 200 hours or less during What does this mean in practice? A: This means study undertaken by the practice year then you are exempt A: All solicitors holding a practising fewer than 3 persons together. from the regulations. If you work part- certificate will be obliged to undertake A maximum of 5 hours private study per time for more than 200 hours in the 15 hours CPD in each practice year. annum will count towards fulfilling CPD practice year, you must undertake a A minimum of 10 hours is required to be requirements. It includes:- minimum of 7.5 hours CPD per annum. in group study, of which 3 hours must be devoted to client care and practice (a) Audio visual courses. Q. I am currently on maternity leave management and up to 5 hours can be (b) Correspondence courses. and do not expect to be back in by way of private study. (c) Computer based learning. practice during the first few months (d) Reading of relevant books of 2005. Will I be obliged to complete Q: What is meant by group study? and periodicals. a full year’s CPD? A: This means study in a group of 3 or (e) Writing relevant books or articles A: No. A solicitor taking maternity leave more which lasts for a minimum of 1 which are published (in this case in a practice year who works more than hour on each occasion. It may be the time claimed may be up to 200 hours during the year must complete provided by different organisations 7.5 hours of the total CPD a minimum of 7.5 hours CPD per annum. including but not limited to the Law requirement for the particular Society, local associations, special interest practice year). Q. Three hours group study must be groups, SLS, educational establishments (f) Preparation for the delivery of devoted to client care and practice or professional providers and consist of training on any legal subject management. What constitutes client workshops, seminars, lectures or tutorials. (up to a maximum of 4 hours in any care and practice management? It may be organised in house by CPD year). A: Practice management and client care individual firms. Group study may take will be interpreted broadly. Practice place in or outside Northern Ireland and Q: My area of practice requires management may include personal is not required to be in groups comprised ongoing research and I spend quite development, time and stress solely of solicitors. a lot of time reading articles etc in management, training on objective an effort to keep my knowledge setting and performance appraisal. Q: I tutor at IPLS and sometimes and experience up to date. Is this of Client care may include any study which deliver training to my local association. any assistance? addresses the efficient provision of Has this any relevance to CPD? A: Yes. Time spent undertaking professional services. Routine staff A: Solicitors involved in tutoring, research, reading periodicals, articles or meetings or partners meetings will not lecturing or otherwise delivering training legal publications does count towards be considered as either practice may count actual presentation time private study. management or client care. towards their annual CPD requirement. 9 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

ADVERTISEMENT

GMA Management Consultants would like take this opportunity to congratulate our clients Tara Walsh Co. McNaulty & Co.*

on the successful completion of their ISO 9001:2000 (* Lexcel) 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 ISO9001 L'Estrange and Brett ISO 9001 Lexcel BCC Legal Department ISO 9001 Lexcel Johnson Solicitors ISO 9001 Caldwell Warner Solicitors ISO9001 Lexcel Lennon Toner & O'Neill Lexcel Campbell & Grant Solicitors Lexcel McFarland Graham McCombe ISO9001 Lexcel Campbell Fitzpatrick ISO 9001 MacElhatton & Co. ISO9001 Cunningham and Dickey ISO 9001 McCaulay & Ritchie ISO 9001 Carson Mcdowell ISO9001 Mickinty & Wright ISO 9001 Carnson Morrow Graham Lexcel Murphy & O’Rawe ISO 9001 Cairan Rafferty Solicitors Lexcel Napier & Sons Solicitors ISO9001 Comerton & Hill ISO 9001 Nelson Singleton Solicitors Lexcel D & E Fisher ISO 9001 Lexcel NIHE Legal Department ISO 9001 Directorate of Legal Services CSA ISO9001 Lexcel Paul Ferris & Co. ISO9001 Donaghy Carey Solicitors ISO 9001 Robert G Sinclair & Co ISO9001 Donnelly Neary Donnelly ISO 9001 Lexcel Rosemary Connolly Solicitors ISO9001 Lexcel Elliott Duffy Garett ISO 9001 Lexcel Rory McShane & Co. ISO 9001 Lexcel Fitzsimons Kinney & Mallon ISO 9001 Lexcel Samuel D. Crawford & Co. Lexcel Geo. L Maclaine & Co ISO 9001 Sheila McGuigan solicitors ISO9001 Gordon F W McIlwrath & Co ISO9001 Stephen Begley & Co ISO9001 Harrisons ISO 9001 Lexcel Education & Library Board Solicitors ISO 9001 Lexcel Johns Elliot Solicitors ISO 9001 Lexcel Tughans 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 97 528427 Mobile 07831 530178 Fax 028: 97 521256 Northern Ireland Court Service Subscription Services

This free and easy to use electronic service, delivers the latest materials published on our website (including press releases, judgments and information leaflets) directly to your email account.

Benefits • It’s a free service • Select subscriptions to the publications you want • Instant Notification

How do I Sign Up? Further information is available from the Court Service website: www.courtsni.gov.uk

Alternatively you can contact us at:

Email: [email protected] Tel: +44 (028) 90 412911

Serving the community through the administration of justice 11 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

NEW DEVELOPMENTS IN THE LAW ON BAIL

Criminal Law Branch,Criminal Justice Policy Department, Northern Ireland Office

October 2004 saw the start of a new person concerned is released • The arresting officer will instead provision to allow the prosecution a right from custody; provide the suspect with written notice of appeal against the granting of bail by • the person then remains in custody of a set time at a later date for the a magistrates’ court. Coupled with the until the appeal is determined or suspect to attend the station to answer imminent introduction of ‘street bail’ in otherwise disposed of; his bail. January, these are two important changes to the bail system in Northern Ireland. • written notice must be then given to • The written notice must state: the court and the person concerned i) the offence for which the suspect Justice (Northern Ireland) Act 2004, within two hours of the conclusion of was arrested; Section 10: Prosecution right of the proceedings; ii) the ground on which he was appeal against grant of bail by arrested; magistrates’ court. • where the prosecution fails to give iii) the police station at which he Section 10 of the Justice (NI) Act 2004 such notice the appeal is deemed to is required to attend to answer came into effect on 29 October 2004 have been disposed of; bail; and and creates a right of appeal to the High iv) the time and date at which he Court by a prosecutor who has concerns • the hearing of the appeal must be is required to attend. about the granting of bail by commenced within 48 hours (subject a magistrates’ court. to specified exceptions) of the giving Certain requirements must be satisfied of oral notice; before a police officer can grant ‘street Section 10 provides that the prosecution bail’ to a suspect. The arresting officer: may only appeal against the decision to • the appeal is by way of rehearing and grant bail where: the decision of the High Court is final; • must be sure that the individual has provided their correct name (a) the prosecution is conducted by or • the High Court may either remand the and address; on behalf of the Director of Public person in custody or grant bail subject Prosecutions, or on behalf of the to any conditions it thinks fit. • must be confident that the suspect Police Service of Northern Ireland, fully understands the street bail and Criminal Justice (Northern Ireland) process and what is subsequently (b) where the defendant is charged with Order 2004: Article 4. ‘Street Bail’ expected of them; and or convicted of an offence punishable Article 4 of the Criminal Justice (Northern by imprisonment. Ireland) Order 2004 will commence on 1 • must have no cause to believe that January 2005 and replicates for Northern the suspect is a danger to themselves This new right of appeal seeks to achieve Ireland section 4 of the Criminal Justice or others. a careful balance with the rights of the Act 2003. It will implement the final accused and accordingly several amendment to the Police and Criminal If for any reason the suspect fails to important safeguards are built in. Evidence (Northern Ireland) Order 1989 answer bail as specified in the written (PACE) arising from the Criminal Justice notice, the police may arrest the The key features are: Act 2003 by allowing police to release a individual without a warrant. • an appeal under this section can only person on bail at a place other than at a be brought if the prosecution made police station. The full texts of both the Justice representations that bail should not be (Northern Ireland) Act 2004 and the granted prior to it being granted; • Article 32 of PACE will be amended to Criminal Justice (Northern Ireland) Order make provision for police to arrest and 2004 can be found on the HMSO • oral notice of an intention to appeal release suspects on bail without website [www.hmso.gov.uk] must be given to the court at the requiring them to attend a police station conclusion of the proceedings in which immediately and has therefore become the bail was granted, and before the popularly known as ‘street bail’. 12 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

BELFAST SOLICITORS Belfast Solicitors Association ASSOCIATION

BSA DINNER DANCE

The annual BSA Dinner Dance is to Tables are for 10 people and any be held on Saturday 22 January 2005 requests for vegetarian meals should The first choice for MRI in Northern Ireland at the Europa Hotel, Belfast. be made at the time of booking. Drinks reception commences at In keeping with last year a donation MRI 7.30pm followed by dinner at from every ticket sold will be made to 8.30pm with dancing ‘til late with the Solicitors’ Benevolent Association Medico Legal The Booze Brothers. and members are encouraged to Scans show their support by attending. Tickets are £36 per person and As there is always a high demand members are asked to note that the for places members are recommended Regional Specialists in following arrangements apply. to book as early as possible to Musculo Skeletal and avoid disappointment. Neurological diagnosis Bookings are on a ‘first come – first served’ basis and must be made in The Europa Hotel is offering an • Northern Ireland based writing addressed to BSA excellent preferential accommodation regional specialists, all of Administrator, Suite 7, 58 Howard rate of £30 per person sharing in a whom are Consultant Street, Belfast BT1 6PL. Any enquiries twin or double room including full Radiologists should be made by e-mail to Irish breakfast. Room reservations [email protected]. should be made direct with the • No waiting list hotel on 028 9027 1066, requesting A reservation cannot be made unless the preferential rate for the BSA • All inclusive pricing a cheque (made payable to Belfast Dinner Dance. Solicitors’ Association) is received with Tel: 028 9066 0050 the booking request. We look forward to seeing you there. Fax: 028 9038 6733

Members are advised that copies of • Tom McGrath of Marsh on "Client the handout which accompanied the Management to Avoid Claims" www.northernmri.com BSA Practice Management and Client • Feargal McCormack on "Client Care Seminar, held on 18 September Management" 2004, are available at a cost of £5.00 per handout. The seminar included the • John Horan on "Money following lectures: Laundering" BSA On-Line • Mary Norton on "ISO/Lexcel Copies may be obtained from: The BSA website can be found at: Computerised Case Management" The BSA Administrator, Suite 7, Merrion Business Centre, www.belfast-solicitors- • Gary Millar on "CPD On-Line" 58 Howard Street, Belfast, BT1 6PJ association.org 13 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 STAMP DUTY LAND TAX UPDATE

The Inland Revenue (IR) has requested In order for members not to www.inlandrevenue.gov.uk/so/ that we draw practitioners’ attention to experience delays on the orderline, d_charities.htm. the following matters: - it is suggested that practitioners may wish to consider ordering • SDLT and Nil Band • Use of DX envelopes sufficient SDLT forms in advance Discretionary Trusts Some solicitors, when sending SDLT of the busy period. New information about the interaction Return forms, have been using DX between SDLT and 'Nil Rate Band envelopes and addresses in the Royal • Research Discretionary Trusts' (NRB Trusts) has Mail system. However the Royal Mail To coincide with the first anniversary been published at www.inlandrevenue sorting office uses an automated of the introduction of SDLT, the .gov.uk/so/nilband.htm. process which will not recognise the Revenue has asked its Analysis and DX addresses, causing those envelopes Research team to commission some This note should enable taxpayers to be delayed and in some cases research on practitioners’ experiences and their advisers to decide on the lost completely. and views on the new system. SDLT consequences of transactions with NRB Trusts. All undelivered mail goes to a centre It is expected that this research will be in Belfast which at the moment has undertaken by a series of interviews An NRB Trust is commonly established several months backlog. Because of with solicitors some time in January. under the will of a deceased person. this backlog and as part of their The interviews will be conducted by The typical form is a pecuniary legacy, reorganisation of processes it is likely an independent Market Research firm not exceeding the nil-rate band for that in the future undeliverable mail and not by the Inland Revenue. inheritance tax, to be held by the will be destroyed. The IR are still trustees of the NRB Trust (‘the NRB receiving packages which have been As the report generated will go trustees’) on discretionary trusts for a wrongly addressed on a weekly basis towards helping the Revenue refine its specified class of beneficiaries. from Royal Mail, some of which are processes and guidance for the The residue of the estate, often many months old. second year of SDLT, the Society including the matrimonial home, would commend participation in the commonly passes to the surviving Solicitors may use their own survey, if approached. spouse, although it may pass to envelopes, if they would prefer to post residuary trustees. returns through the Royal Mail – • Charities Relief however they should ensure that the Amendments provided for in the Where the personal representatives return is not folded as this can cause Finance Act 2004 now make it discharge the pecuniary legacy by problems for the scanning process. possible for charities to claim partial payment of the specified sum to the relief from SDLT on certain trustees no Stamp Duty Land Tax issue • Orderline acquisitions. They ensure that when a arises. However in many cases the As a result of the Self Assessment charity makes an acquisition, provided personal representatives satisfy the timetable and other known demands that it intends to hold the greater part legacy otherwise than by payment of on the stationery orderline in of the land or property for qualifying the specified sum. It is in these cases St. Austell in the last two weeks in charitable purposes, the acquisition that a SDLT liability may arise on the January, it is expected that call will initially attract full relief from SDLT. transfer of the matrimonial home or volumes will significantly increase Notes on Acquisitions/Disposals and other land to the surviving spouse or during that period. Charities Relief are now available at residuary trustees. 14 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 STAMP DUTY LAND TAX SOME FREQUENTLY ASKED QUESTIONS

Q. I am currently the joint owner of 2 may be made by any one or more of There is an example at properties (Property A & B) with the responsible trustees. Responsible www.inlandrevenue.gov.uk/manuals/s my brother. We are planning on trustees are those who are trustees at dltmanual/SDLTM04060a. transferring ‘Property A’ to myself the effective date of the transaction and ‘Property B’ to my brother. Is and anyone who becomes a trustee Q. As a tenant I pay ground rent and there any SDLT payable? subsequently. See SDLTM31700+. services reserved as rent. Should I include payment for services when A. Where land that has been held by Q. I am purchasing a piece of land calculating the SDLT due on my two or more people jointly is and building a property on it. Is lease? partitioned or divided, then the share SDLT payable on the purchase of that land held by the purchaser price of the land? A. Certain usual obligations and any immediately before the partition does payment made under those not comprise chargeable A. The whole or part of the obligations for the grant of a lease consideration. consideration for a land transaction are not chargeable consideration. may involve a purchaser carrying out See the example at works of construction, improvement These are any undertaking by the www.inlandrevenue.gov.uk/manuals/ or repair of a building or other tenant to repair, maintain or insure sdltmanuals/SDLTM04030a. structure. the demised premises any undertaking by the tenant to pay any Q. Who is liable for making a land Such works do not comprise amount in respect of services, repairs, transaction return and paying the chargeable consideration if the works maintenance or insurance or the SDLT? are carried out after the effective landlord’s costs of management any date on which the land is acquired or other obligation undertaken by the A. The purchaser is responsible for to be acquired by the purchaser tenant that is not such as to affect making a land transaction return and under the transaction the works are the rent that a tenant would be paying the SDLT within 30 days of the to be carried out on any other land prepared to pay in the open market effective date of the transaction. held by the purchaser or a person any guarantee of the payment of rent connected with him it is not a or the performance of any other If the purchaser is not an individual condition of the transaction that the obligation of the tenant under the special rules apply. See the above web vendor carries them out on the lease any penal rent, or increased address at SDLTM30200+. purchaser’s behalf rent in the nature of a penal rent, payable in respect of the breach of If purchasers are acting jointly they In all other cases works carried out any obligation of the tenant under are jointly and severally liable for the represent consideration calculated on the lease tax although it can be fully the basis of their open market value. discharged by any one of them. See Where a lease is transferred, either by SDLTM31600. In situations where notification by landlord or tenant, the assumption or SDLT1 is required both at substantial release of such an obligation is also When a partnership acquires an performance and upon completion by not chargeable consideration. interest all partners at the effective virtue of s44(8) of the Finance Act date and any person who becomes a 2003 then if condition one is met at Q. I am purchasing 2 properties from partner after the effective date are first notification then it is taken as the same Vendor. Are these responsible partners in relation to the met for the second notification as transactions linked? transaction. See SDLTM33000+. well by virtue of Schedule4 paragraph 10(2) of the 2003 Act. A. Linked transaction are those which Where trustees of a settlement are form part of a single scheme, liable to make a payment of tax or The SDLT manual gives guidance arrangement or series of transactions any associated payment including on how open market value is to between the same vendor and interest or penalties, such payment be calculated. purchaser or, in either case, persons 15 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

connected with them. Section 839 There must be something else to Linked transactions with the same of the Income and Corporation connect the transactions. effective date can be reported as a Taxes Act 1988 defines when parties single notifiable transaction using a are connected. It would however be a question of single land transaction return. This is fact whether purchases are totally at the discretion of the purchaser. If a vendor, for example, advertises unrelated. In particular the purchaser a house with gardens for sale and needs to consider whether the fact Where this is done, the transactions the purchase is structured in such that the first transaction had will be treated as a single transaction a way that the husband buys the happened had affected the terms of and all the purchasers, if more than house and his wife buys the the second transaction. one will be treated as joint gardens, these will be regarded as purchasers. linked transactions. Where successive transactions are linked, for example the grant of an For further information on Stamp Duty The rate of tax will be determined option and its exercise, extra tax can Land Tax, please go to the SDLT Manual by the sum of the chargeable be due for the first transaction. http://www.inlandrevenue.gov.uk/manual considerations paid for both house s/sdltmanual/index.htm> and gardens. Any extra tax is payable at the same time as tax is payable on the second It is a question of fact whether of not transaction. See section 81 of the transactions are linked. A purchaser Finance Act 2003. will need to make a full examination of all the circumstances leading to the ADVERTISEMENT transactions before completing their land transaction return.

Just because two transactions are between the same purchaser and seller does not necessarily mean they are linked. The transactions will be linked however if they are part of the same deal.

What if two transactions are documented separately? The form in which the transactions are documented will not determine whether they are linked or not. For example, documenting transactions with separate contracts will not prevent them being linked if the transactions are under arrangements which indicate they are part of a single deal.

What does “series of transactions” mean? Series of transactions means something more than that one transaction following the other. 16 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 RECENT DEVELOPMENTS AT THE PLANNING SERVICE

INCREASED CUSTOMER DEMAND These amending Regulations increase therefore a change of use to a HMO The Planning Service has announced the time period within which persons will require planning permission; action to be taken to tackle the may make written objection to a unprecedented increase in draft development plan from six to • research and development activities planning applications. eight weeks. which do not have an adverse impact upon the environment are moved from This will involve the immediate freeing up The Regulations also provide for the the Light Industrial Class to the of as many resources as possible in other notification and public display of Business Class – this means that areas of the Agency to focus on the objections and the invitation of property used for offices can be used planning applications work. The aim is to representations about those objections for research and development and vice reduce current pressures and get (also known as “counter objections”). versa without needing permission; processing times and service back to They also make provision for the acceptable levels. The 33,000 planning consideration of both objections to a • Call centres are included in the applications submitted last year draft development plan and of Business Class for the first time; represented a 20% increase over the representations about those objections at previous 12 months, and this year’s a Public Local Inquiry. • Community Centres are included for projected 43,000 applications will mean a the first time, as are ‘After School further 30% increase. Processing times NEW USE CLASSES ORDER Facilities’ for the care of school have inevitably suffered as workloads The Planning (Use Classes) Order children over the age of four while have risen well in excess of forecast. (Northern Ireland) 2004 (SR2004 No.458) their parents are at work. These new came into operation on 29th November uses have been included in the same It is envisaged that the temporary re- 2004. It groups in ‘use classes’ certain Class as medical or health services. allocation of applications work to staff in uses of buildings or other land and other areas of the Agency will initially be provides that changes between uses The Schedule to the Order has been for a period of 6 months and will have a in the same class are not development. restructured into four parts to make it knock on effect on emerging area plans. more user friendly and easier to navigate, Other area plans such as Ards and Down, Those changes of use within the i.e. and Magherafelt will be protected, as will same class do not therefore require the Draft Belfast Metropolitan Area Plan planning permission. Part A – Shopping and Financial and and work on the Craigavon town centre Professional Services; boundary. Some projects under the The new Use Classes Order is one of the umbrella of Modernising Planning results of the ongoing programme of Part B – Industrial and Business Uses; Processes – a major 3-year service Modernising Planning Processes (MPP). improvement initiative will also be re- MPP recommended that a Review of the Part C – Residential Uses; and scheduled to free up resources. Use Classes Order should be carried out, including a public consultation. The main Part D - Community, Recreation DEVELOPMENT PLANS issue raised in that consultation was the and Culture. The Planning (Development Plan) conversion of dwelling houses to houses (Amendment) Regulations (NI) 2004 in multiple occupation using the Use A Planning (General Development) (SR2004 No. 438) came into operation Classes Order and without going through (Amendment) Order 2004 (SRO2004 on 17th November 2004. the planning application process. No.459) has also been made which makes consequential amendments to These Regulations amend the Planning The new Use Classes Order includes the Planning (General Development) (Development Plan) Regulations 1991 these changes: Order (NI) 1993 where there are which prescribe the procedure to be permitted development rights approving followed in connection with the making, • house in multiple occupation is more change of use between use classes, alteration, repeal and replacement of closely defined and it is stipulated that subject to conditions. development plans. no class in the Order includes a HMO, 17 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 ACTIONS FOR POSSESSION AT SIX YEAR HIGH

The Northern Ireland Court Service has of this year they were up 22% and in the published statistics for writs and second 32%. originating summonses issued during the third quarter of 2004 in respect of While the figures for the third quarter mortgages in the Chancery Division of of this year show possession actions were the Northern Ireland High Court. down 3% on the same period last year, The statistics cover both Northern Ireland the total number of actions for the first Housing Executive and private nine months of this year are higher (e.g. banks and building societies) than over the corresponding period mortgages and relate to both domestic in any of the previous five years. and commercial properties. Figures on mortgage possession actions During the first nine months of this year, are published on a quarterly basis. proceedings in 1672 cases were issued. The publication date for the figures Last year saw a 23% increase in actions covering the fourth quarter of 2004 over the previous year. In the first quarter will be 26th January 2005.

NEW DOCUMENT IMAGE PROCESSING AND INTAKE SERVICE (DIPIS) INTRODUCED AT LAND REGISTRY

As part of its ongoing modernisation to the Registry if practitioners were to compass indicated thereon. programme to improve efficiency and comply with the following requests: Any map enlargements should also turn-around times for customers, the include this. Land Registry has recently implemented 1 Use the prescribed Form 100A the first stage of its new Document which can be downloaded from 6 As applications will be taken Image Process and Intake Service (DIPIS). the Library section of the Registry’s apart prior to scanning, it would website at www.lrni.gov.uk be helpful if the use of staples From 19th October 2004, all DoW for binding documents is kept (Dealing of the Whole) cases received 2 Ensure that the Form 100A is to a minimum. by the Registry have been scanned onto completed accurately. the Land Web system. This is the first Any queries concerning this service stage of DIPIS and future stages will see 3 Ensure that any photocopied should be directed to the following other dealing types (eg Transfers of Part, images are of a high quality. LRNI staff: First Registrations etc) also processed in John Herron Tel 028 9025 1509 this matter. 4 Ensure that text on all documents Colin Kirkpatrick Tel 028 9025 1670 is in typescript or block capitals. In order to facilitate the process, it would be of considerable assistance 5 Maps should have the North/South 18 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 The Home Charter Committee asks “What’s the problem?”

The Home Charter Committee cannot represent a return to the cycle of offer, This is in line with the overall policy. understand why so many purchasers’ counter offer and counter counter offer It has been argued that this represents a solicitors persist in the use of pre-printed which the draughtsmen wished to bury departure from the previously prevailing Special Conditions, which frequently for good and all. practice of having the completion date have no relevance to the property they as a cut off date. In truth this was never are purchasing. They have asked that the In practical terms it could well be said the position. As a matter of practice following article which was published in that, under the old regime, there were contracts were made conditional upon The Writ of March 1996 and republished few true contracts for the sale of clear Property Certificates being in the September 2003 edition be drawn domestic property. If there were, it is obtained. Once those Property to your attention yet again. doubtful if any of the parties, or their Certificates were obtained, whatever solicitors, could have defined precisely date that might be, the purchaser’s They are not minded to recommend any solicitor stopped worrying about them departure from the General Conditions and was entitled to. The condition in of Sale as currently in use. The “Such a sequence the contract had been fulfilled. Monitoring Officer has been asked to Clear Property Certificates had arrived. report back on the use of such forms as of events would The cut off date was not the date of the Committee feels that they are represent a return completion but the date the Property contrary to the spirit of the Home Certificates arrived. If, and it did happen Charter Scheme. to the cycle of occasionally, a vendor was in a position to offer up to date Property Certificates In an attempt to understand the needs offer, counter offer the purchaser’s solicitor did not put in of the profession, the Committee would and counter the usual clause about Property welcome any comments as to what is Certificates at all. The factual position trying to be achieved by the use of pre- counter offer which was accepted. That is what the new printed Special Conditions. Conditions seek to have the purchaser’s the draughtsmen solicitor do now. To do otherwise is to CONDITIONS OF SALE wished to bury for reintroduce the element of uncertainty The aim of the draughtsmen of the new which the Committee has been at pains Conditions of Sale was to create a good and all.” to avoid. document which would be acceptable in most situations without amendment. what the terms of those contracts were. ADVERTISEMENT Their intention was that the Special The aim of the draughtsmen was to Conditions should be just that – special. achieve a simple and defined position of which both parties were fully aware. WE’RE Bearing this in mind it becomes easier to understand a degree of concern that The nature of some of the changes STILL special, prepared conditions to be which are being suggested is also a attached as a matter of course, are cause for concern. The aim has been to RECOVERING beginning to appear. It is of even greater get an established contract with well concern that some of these prepared defined terms at an early date. Part of DEBTS conditions replicate some of the material that process has been to provide for the which is already there. delivery, with the title, of the usual Contact Property Certificates giving information Graham Keys If advice is being given that a purchaser’s about the property. A duty has been solicitor should make amendments on imposed on the vendor to disclose this or John Forsythe every occasion for the benefit of the information, together with all the other at Diamond Heron purchaser it seems to follow that a information a purchaser might vendor’s solicitor must advise the vendor reasonably discover in the ordinary way. to reject those amendments. A cut off date of formation of the 028 9024 3726 Such a sequence of events would contract has been applied. Providing Solutions to your Management Issues

AFP Consulting - a specialist consultancy for the legal services sector

Talk to AFP Consulting and you’ll be tapping into a wealth of experience and expertise, gathered over many years of specialist work in the legal services sector. Our experts know the market inside-out and are committed to finding practical, innovative solutions based on the priorities you have in mind.

Risk Review - Helping to minimise the risk of managing your practice

Our Risk Review service is designed to provide you with invaluable information that will help you to improve risk management within your practice. This cost-effective yet concise service is designed to assist your practice:

• Appraise current risk management systems and procedures • Identify vulnerabilities and avoidable risk exposures • Address areas which commonly give rise to professional indemnity claims • Identify recommendations for implementation.

Lexcel

AFP Consulting has assisted a number of practices with achieving Lexcel - the Law Society of Northern Ireland’s practice management quality mark. We are delighted that one of our clients - O’Reilly Stewart - were recently awarded the prestigious Lexcel quality mark.

For further information on AFP Consulting please call: 0845 600 2729, email: [email protected] or visit our website at: www.afpconsulting.co.uk

Pictured from left to right are James Turner (O'Reilly Stewart), Iona Milton-Jones and Patrick Oliver (AFP Consulting), Brian Stewart, Stuart Gilmore and Janet McMillan (O'Reilly Stewart).

AFP Consulting, A Division of Alexander Forbes Risk Services UK Ltd. A Member of the General Insurance Standards Council. A Lloyd’s Broker. 20 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

CHILDREN LEAVING CARE – 2002/2003

The Department of Health, Social figures for care leavers, of the same Services and Public Safety, has published age, in England (54%), and for care a statistical bulletin, providing leavers aged 16-17 in Scotland (60%). information on the educational However, it is 10 times higher than achievements, economic activity, age, the figure for school leavers in gender, religion and other characteristics Northern Ireland, of whom only 5% of 206 young people (106 boys and 100 left with no qualifications in 2002/03. girls), aged 16 and over, who left the care of Northern Ireland Health and • At least 30% of care leavers, whose Social Services Trusts during the year economic activity was known, were ending 31 March 2003. unemployed at the time of the survey. This compares to 5% of all school The publication is available online at leavers in Northern Ireland in www.dhsspsni.gov.uk/foi/ 2001/021. Statistical_Surveys.asp 1 Figures not available for 2002/03. SUMMARY Some of the key findings included:

• Over a quarter of these care leavers ADVERTISEMENT had spent 10 years or more in care.

• Almost half came from the Eastern Board area. Choose the right

• There was no improvement in the solution… proportion of care leavers gaining …not just software GCSEs. Slightly over one in 10 of We have an innovative range of these young people (11%), had solutions to meet your individual obtained at least five GCSEs at grades needs: A*- C. This was almost double the ■ Accounting corresponding figure for young people ■ Case and Document leaving care in England (6%), but less Management than a fifth of the proportion of all ■ Time Recording and Billing Northern Ireland school leavers (59%), ■ Management Information ■ Reporting achieving these grades. ■ Database ■ Marketing • Over two-fifths (42%), of these young ■ E-commerce people, left care with at least one ■ Remote Working GCSE or GNVQ, slightly lower than the figure for care leavers in England And watch your firm (44%), and less than half the proportion of all Northern Ireland enjoy the benefits school leavers (94%), obtaining these To find out how your firm can benefit from our qualifications. solutions please contact our team in Belfast. TFB plc, Floral Buildings • Half of all care leavers (51%), left care 2–14 East Bridge Street, Belfast, BT1 3MQ with no qualifications. This is similar to Tel. 028 9092 3851 or e-mail [email protected] www.tfbplc.co.uk 21 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

FOURTH WORLD CONGRESS ON FAMILY LAW AND CHILDREN’S RIGHTS Cape Town, South Africa, 20-23 March 2005 CapeTown International Convention Centre

The United Nations Convention on the new approaches to protecting children’s Convention for legal practice and Rights of the Child came into force in rights are needed. legal process, such as the child’s right September 1990, under the terms of to participate in proceedings, post Article 49 of UNCROC. It is now the The Congress will address this theme separation financial security and child- most ratified of all UN Human Rights through the following sub-themes: focused practices. Conventions. Its 15th anniversary will be marked in 2005. 1 The effect of the UN Convention on 4 Examining issues of enforcement rights and lives of children in relation of Convention provisions through The 4th World Congress, in 2005, will to specific issues, such as children in UN processes, domestic enforcement evaluate the progress and achievements war, refugee children, the rights of of international norms and relating to the Convention on its indigenous children, HIV/AIDS and political processes. anniversary and will explore the religious and cultural freedoms. challenges ahead in securing rights for Further details can be obtained from children in the 21st century. 2 The effects of the Convention www.lawrights.asn.au The Congress will reflect on whether in specific countries, regions or UNCROC addresses the correct issues in cultural contexts. Application forms can be obtained from the light of concerns with nationalism, Peter O’Brien, Secretary of the Society’s identity and globalisation, or whether 3 Exploring the implications of the Family Law Committee.

ADVERTISEMENT ADVERTISEMENT Republic of Legal Appointments Ireland Agents

• All Litigation and Conveyancing work undertaken on an agency basis. • Consultations in Northern Ireland if required. • Quality Assurance. • First firm in Northern Ireland to achieve ISO EN 9001 and Lexcel accreditations. Senior Commercial Property Solicitor, Belfast. Excellent opportunity has arisen to join an expanding and successful firm. This is a challenging role which has potential for career advancement. Suit 5 yrs + PQE.

Conveyancing Solicitor, West Belfast. Well known firm wish to recruit an experienced Conveyancing Solicitor to manage a busy caseload. Experience with Matrimonial desirable but not essential. Suit 2 yrs + PQE.

Private Client Solicitor, Belfast. Growing reputable firm seek a Lawyer with exp. in Residential Conveyancing, Wills and Probate. Suit 1 yrs + PQE. 34 Hill Street, Newry Newly Qualified Solicitor, Belfast. Co Down BT34 1AR Top law firm wish to recruit a dedicated & client focused Lawyer to work on Family, Matrimonial DX 2050 NR, Newry & Litigation cases. This is an excellent opportunity to grow within an established firm. Tel: 028 3026 6611 Fax: 028 3026 9492 For more details please call Orla or Gemma at Email: [email protected] Blueprint Legal Appointments on 028 90 323333 or email: [email protected] 22 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 CHILD AND FAMILY LAW CPD COURSE

THIS COURSE IS AIMED AT ALL LEGAL PRACTITIONERS AS AN UPDATING COURSE. IT IS AIMED AT ALL MEMBERS OF THE LEGAL PROFESSION WHO ARE PRACTISING IN THIS FIELD. THE COURSE WILL COMPRISE TWO EVENING SESSIONS AS FOLLOWS:-

SESSION 1 SESSION 2

PUBLIC LAW PROCEEDINGS FROM CARE INSTRUCTING THE EXPERT WITNESS ORDER TO ADOPTION THE ROLES AND DUTIES OF THE THE JUDICIAL PERSPECTIVE EXPERT WITNESS

FACILITATED BY: FIONA BAGNALL RM FACILITATED BY: DR ALICE SWANN SIOBHAN O’HAGAN BL GILLIAN MCGAUGHEY BL

DR ALICE SWANN IS AN INDEPENDENT MEDICAL SPECIALIST WITH EXTENSIVE EXPERIENCE IN CHILD ABUSE, NEGLECT AND INVESTIGATIVE INTERVIEWING OF CHILDREN. SHE IS AN EXPERIENCED WITNESS APPEARING IN COURT.

WHEN: TUESDAY, 25TH JANUARY 2005 AND TUESDAY, 8TH FEBRUARY 2005

TIME: 6.00P.M. – 9.00P.M.

VENUE: INSTITUTE OF PROFESSIONAL LEGAL STUDIES, 10 LENNOXVALE, BELFAST, BT9 5BY

COST: FULL COURSE FEE £130, AND EITHER SEMINAR £75.

THIS COURSE ATTRACTS 3 HOURS LAW SOCIETY OF NORTHERN IRELAND C.P.D. POINTS PER SESSION.

BOOKING FORM AND CHEQUES, MADE PAYABLE TO QUEEN’S UNIVERSITY BELFAST, SHOULD BE SENT TO MRS JOAN PLAYFAIR, INSTITUTE OF PROFESSIONAL LEGAL STUDIES, 10 LENNOXVALE, BELFAST, BT9 5BY.

Closing Date for applications: TUESDAY, 12TH JANUARY 2005

CHILD AND FAMILY LAW CPD COURSE BOOKING FORM

I AM INTERESTED IN ATTENDING: SESSION 1 SESSION 2

NAME:

FIRM:

ADDRESS:

TEL. NO:

I ENCLOSE REMITTANCE OF £ 23 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 Solicitors’ Accounts Regulations 1998 What is ‘Client’s Money’?

The Professional Ethics and • REGULATION 5, which reads: the solicitor from the client or in Guidance Committee feels it Where a solicitor holds or receives reimbursement of money a cheque or draft which includes expended by the solicitor on necessary to remind solicitors client’s money or trust money of one behalf of the client; of the following regulations: or more trusts – (iii) money properly required for or towards payment of the solicitor’s • REGULATION 2(vi), which reads: (a) he may where practicable split such costs where there has been “client’s money” shall mean money held cheque or draft and, if he does so, he delivered to the client a bill of or received by a solicitor on account shall deal with each part thereof as if costs; and of a person for whom he is acting in he had received a separate cheque or (iv) money which is thereby relation to the holding or receipt of such draft in respect of that part; or transferred into another money either as a solicitor, or in (b) if he does not split the cheque or client account. connection with his practice as a solicitor, draft, he shall, if any part thereof as agent, bailee, stakeholder or in any consists of client’s money, and may, in NOTE other capacity, including monies received any other case, pay the cheque or To ensure protection of client funds by the solicitor for the disbursement of draft into a client account. at all times, the Committee has directed professional fees and outlays including the Society’s Monitoring Officers to note without prejudice to the generality of the • REGULATION 8(1)(a), which reads: any breach of the above Regulations. foregoing, Counsel’s fees, professional There may be drawn from a client fees and witnesses expenses; provided account – In particular, it will not be regarded that the expression “client’s money” as satisfactory to pay mixed client/own shall not include – (a) in the case of client’s money – monies cheques into office account, (i) money properly required for a even if disbursements to a third party (a) money held or received on account of payment to that client or to any are made immediately. Any receipt the trustees of a trust of which the other person on behalf of that containing client’s money must be solicitor is a solicitor-trustee; or client as permitted by these lodged to the client account. (b) money to which the only person regulations or to the solicitor as Any non-client monies, or money to entitled is the solicitor himself or, in permitted by these regulations; which the solicitor is otherwise properly the case of a firm of solicitors, one or (ii) money properly required for or entitled, may then be transferred from more of the partners in the firm; towards payment of a debt due to client to office account. 24 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

JUDICIAL RESEARCH: GENDER AND APPOINTMENTS Policies and Procedures JUDICIAL OFFICE

The Northern Ireland Court Service Any solicitor who has not yet completed the questionnaire on gender and judicial has recently published a guide to office which was sent on November 5 to a sample of solicitors eligible for judicial the current procedures used in office in Northern Ireland is asked to return and complete the questionnaire to Northern Ireland for the selection the researcher. of candidates for judicial appointments, up to and including The research is being conducted by Dermot Feenan, University of Ulster School of the High Court, except the Law, on behalf of the Commissioner for Judicial Appointments for Northern Ireland. appointment of Justices of the It will lead to recommendations on the appointments process. Peace or Juvenile Court Lay Panel members/Lay Magistrates. Anyone who may have mislaid the questionnaire or any firm which may inadvertently have instructed an ineligible colleague to complete the questionnaire The Lord Chancellor, on whose may obtain a fresh questionnaire from Dermot Feenan, tel. 028-9036 6374, behalf the Northern Ireland Court or e-mail: [email protected]. Service operates these policies and procedures believes that the nature of the process by which individuals are appointed to judicial office should be open to YES NO public scrutiny and therefore wishes to make available as much information as possible about the appointments system.

The guide contains details about policy principles and considerations, the role of the Judicial Appointments Unit, the Commissioner for Judicial Appointments for NI and the appointment procedure itself.

A copy may be downloaded from the Court Service website at www.courtsni.gov.uk. 25 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

Law Centre (NI)

Housing Benefit Immigration

Jacqui Loughrey, social security legal This provision would apply where, for Buster Cox of the Law Centre’s adviser at Law Centre (NI), outlines a example, a disabled person living in immigration unit has good news for recent Social Security Commissioner’s unsuitable accommodation is offered a asylum seekers with children. decision which removes an unfair new home designed to suit her/his disadvantage for people liable to pay rent needs provided s/he moves immediately. The Immigration & Nationality Directorate for two homes for health reasons. As similar accommodation is unlikely to (IND) recently amended the ‘family become available for some time, the amnesty’ or one-off exercise announced SOCIAL SECURITY COMMISSIONER'S tenancy is accepted. As a result, rent has in October 2003. The changes are such DECISION CH4546/02 to be paid concurrently for the unserved that it is likely that many more families Liability to pay rent on two homes – period of notice on the former home who are presently unlawfully in the UK Entitlement to Housing Benefit (issued on and on the new one. could be entitled to remain indefinitely in 29 October 2003 and applicable in the UK. However, it is important to note Northern Ireland) Commissioner Jacobs’ interpretation that anyone who believes that s/he might means that Regulation 5 should be come within the amnesty has to apply In this decision, a GB Commissioner considered without reference to deeming before 31 December 2004. provided an interpretation of the provisions of Regulation 7. Because a relationship between regulations 5 and 7 person has an actual liability on both Originally, the IND announced that of the Housing Benefit (General) dwellings such as that of the person in indefinite leave to remain in the UK regulations 1987 when applied to cases the example cited, s/he can be treated as would be granted to asylum seekers (and involving the issue of dual liability. occupying the two dwellings for her/his their dependants) who: home and Housing Benefit for both can Regulation 5 of the Housing Benefit be considered for up to a maximum • claimed asylum before 2 October 2000 (General) regulations 1987 prescribes the period of four weeks. Similarly, where a (regardless of whether the claim is circumstances in which a person is or is person goes into residential care pending or refused and regardless of not treated as occupying a dwelling as permanently, the unserved notice on the outcome of the appeal); and her/his home. her/his former home can equally be covered by Housing Benefit for up to a • had a dependant who was aged under Regulation 7 of the same regulations sets maximum of four benefit weeks, eighteen in the UK on 2 October 2000 out the circumstances in which a person although s/he will not get Housing and was still a dependant in the UK on is to be treated as not liable to make Benefit to cover residential care fees. 24 October 2003; and payments in respect of a dwelling. Where liability on two dwellings is a • have no criminal convictions; and While the general rule is that a person relevant consideration in a case, it is can normally only be treated as important to remember that the liability • had not been granted leave to remain. occupying one dwelling as her/his home, must be one that, if not met, would in certain exceptional circumstances, a mean the person would lose her/his However, under the amended policy, person can, for a short period, be treated right to occupy the dwelling. indefinite leave to remain in the UK as occupying two homes. For example, should be granted to asylum seekers (and Regulation 5(5)(d) states, ‘where a person The four week maximum period must their dependants) who: is liable to make payments on two start from the date on which the liability dwellings, he shall be treated as for two rents begins. • claimed asylum before 2 October 2000 occupying both dwellings where a person (regardless of whether the claim is has moved in to a new dwelling occupied It only applies in cases in which the pending or refused and regardless of as the home for a period not exceeding person concerned has a liability to make the outcome of the appeal or whether four benefit weeks if he could not payments on the property. It does not limited leave to enter the UK was reasonably have avoided liability in apply where a person is not liable, eg granted); and respect of the two dwellings’. where s/he is in hospital or prison. >> 26 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

The Business Tenancies (N.I.) Order 1996

The Institute of Professional Legal Studies will be offering a Seminar on The Business Tenancies (N.I.) Order 1996 facilitated by the following:

FACILITATOR: Rosemary Carson (Carson & McDowell) WHEN: Monday, 21st March 2005 (i) have a dependant aged under TIME: 9.30a.m. – 1.00p.m. eighteen in the UK on 24 VENUE: Institute of Professional Legal Studies, 10 Lennoxvale, Belfast October 2003; or COST: £100 (ii) have an only or youngest child who turned eighteen after 2 3 CPD hours are awarded for attendance at this Seminar. October 2000 but before 24 October 2003; and Booking form and cheques, made payable to Queen’s University Belfast, should be sent to: Mrs Joan Playfair, Institute of Professional Legal Studies, • have no criminal convictions. 10 Lennoxvale, Belfast, BT9 5BY. Closing Date for applications: Friday, 11th March 2005 An application to be considered under the policy has to be made, before 31 December 2004, to: Group B, Asylum THE BUSINESS TENANCIES ORDER BOOKING FORM Policy Unit, AAPD, Immigration NAME: Nationality Department, Lunar House, 40 Wellesley Road, Croydon, CR9 2BY. FIRM: The full details of the policy can be ADDRESS: found at: TEL. NO: www.ind.homeoffice.gov.uk/ind/en I ENCLOSE REMITTANCE OF £ /home/laws_policy/policy_instructions /apis/one-off_exercise_to.html ADVERTISEMENT For advice and assistance in relation to the above announcement contact:

Law Centre (NI) Central Office 124 Donegall Street, Belfast BT1 2GY Telephone 028 9024 4401 Life is precious.

Western Area Office Your legacy 9 Clarendon Street, Derry BT48 7EP Telephone 028 7126 2433 is priceless.

Chinese Welfare Association 133 University Street, Belfast BT7 1HP Telephone 028 9028 8277 Every year in Northern Ireland, almost 10,000 people die from a Chest, Heart or Stroke related illness. However, we can leave our children the priceless legacy of a healthier tomorrow. The NI Chest Heart & Stroke Association is working today - providing support and advice, funding research in hospitals and universities - so that we can help find a cure for tomorrow. To continue our work, we rely on legacies and voluntary donations, with ALL money raised spent on helping people in Northern Ireland. For a leaflet on leaving a legacy to NI Chest Heart & Stroke Association please phone 028 9032 0184 Or write to us at our temporary address: Chamber Of Commerce House, 6th Floor, 22 Great Victoria Street, Belfast BT2 7LX Alternatively, ask your solicitor for a leaflet. www.nichsa.com 27 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 Commercial Conveyancing Course Are you interested in Commercial Conveyancing?

The Institute of Professional Legal Studies will be offering a 4 week course in Commercial Conveyancing.

Main Facilitator: Mr Ian Huddleston – L’Estrange & Brett (supported by members of the Institute staff)

Issues covered in the course include Site Assembly, Building Contracts, Analysis of a Commercial Lease, Finance, and Business Tenancies.

WHEN: Monday, 24th January 2005 Monday, 7th February 2005 (with an optional morning on Monday, Monday, 21st February 2005 21st March 2005 on the Business Monday, 7th March 2005 Tenancies (N.I.) Order 1996) TIME: 9.30a.m. – 1.00p.m. VENUE: Institute of Professional Legal Studies, 10 Lennoxvale, Belfast COST: £600

Successful completion of the course will lead to a Certificate in Commercial Conveyancing from IPLS.

This course attracts 12 hours CPD.

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

Closing Date for applications: Tuesday, 4th January 2005 APPLICATIONS WILL BE TAKEN ON A FIRST-COME FIRST-SERVED BASIS (Places are limited to 30 people)

This course is designed primarily for those who have relatively little practice experience in Commercial Conveyancing.

COMMERCIAL CONVEYANCING COURSE BOOKING FORM

NAME:

FIRM:

ADDRESS:

TEL. NO:

I ENCLOSE REMITTANCE OF £ 28 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

The European Lawyer

THE ‘CHEN’ JUDGMENT: RIGHTS OF RESIDENCE IN THE EU

The long-awaited Chen1 judgment was (i) Is Catherine entitled to reside render her daughter’s right of residence delivered by the European Court of permanently in the United Kingdom totally ineffective. The Court stated, Justice on 19 October 2004. For the first as a recipient of services within the time, the European Court was asked to meaning of EU law or as an EU ‘ It is clear that enjoyment by a young decide on the rights of residence in the national who is not active but has at child of a right of residence necessarily United Kingdom of a Chinese mother her disposal sufficient resources and implies that the child is entitled to be and her daughter who has Irish sickness insurance within the accompanied by the person who is his citizenship. The Court held that EU law meaning of EU law? or her primary carer and accordingly, confers a right of residence on both that the carer must be in a position mother and daughter. (ii) Does Catherine’s mother have a right to reside with the child in the host of residence as being a ‘dependant Member State for the duration This article summarises the key points member of the family’ of the child of such residence.’ of the judgment. for the purposes of the right to respect for family life upheld by Clearly, therefore, both mother and Catherine Zhu was born on 16 Article 8 of the European Convention daughter are entitled to reside in the September 2000 in Belfast. Her parents on Human Rights? United Kingdom. Although the law in the are Chinese and they both work for a Republic of Ireland is undergoing change company registered in China. Catherine’s JUDGMENT OF THE EUROPEAN with regard to the automatic right to Irish mother, Mrs Chen, came to Belfast to COURT OF JUSTICE citizenship, it is clear that the judgment give birth to Catherine because of the of the European Court will have one-child policy adopted in China [she Catherine’s right of residence important repercussions. However, the has a son born in China]. Catherine is an The Court pointed out that the EU judgment does not entitle a child and Irish national and therefore a EU citizen2. Member States may require nationals primary carer with an automatic right She cannot acquire Chinese nationality of another Member State who wish to of residence. A person seeking to rely on and she did not acquire British nationality reside in their territory to have, for the judgment will have to prove that he under United Kingdom legislation. themselves, and for the members of their or she has sufficient resources and family, sickness insurance and sufficient sickness insurance such that he or she Mrs Chen and Catherine now live in resources. This ensures that that during will not be a burden on the Member Cardiff, Wales. Catherine is a recipient this period of residence, they do not State. This may prove to be a significant of medical and child-care services become a burden on the social assistance stumbling block. provided privately for payment. scheme of the host Member State. They applied to the Secretary of State The Court found that Catherine had FIONNUALA CONNOLLY BL for the Home Department for permits both sickness insurance and sufficient to reside permanently in the UK. resources provided by her mother such These applications were refused. that she would not become a burden on 1 Case C-200/02, Man Lavette Chen and Kunqian Catherine Zhu –v- Secretary of State for the They brought an appeal to the the United Kingdom social assistance Home Department Immigration Appellate Authority against scheme. The fact that Catherine, a young 2 Subject to certain restrictions, anyone born within this refusal decision. The Immigration child, does not possess the necessary the territory of the island of Ireland, even outside Appellate Authority referred a number of resources herself, is irrelevant. the political boundaries of the Republic of Ireland, questions to the European Court of acquires Irish nationality. Justice by way of the preliminary Mrs Chen’s right of residence 3 A court or tribunal in any Member State, may, reference procedure3. The European Court held that to refuse by virtue of Article 234 of the EC Treaty, refer questions on Community law to the European In a nutshell, there are two issues arising Mrs Chen a right to reside with her Court of Justice. This is referred to as a out of the case; daughter in the United Kingdom would ‘preliminary reference’. 29 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

HUMAN RIGHTS COMMISSION WINS PROTECTION FOR PEOPLE UNDER THREAT

Three individuals whose cases were of Article 2 of the European Convention Human Rights Commission, Brice supported by the Northern Ireland on Human Rights, which requires states Dickson, said: Human Rights Commission have won to protect people’s right to life when their challenges against the Secretary of they are at “real and immediate risk”. I am pleased that the government’s State’s refusal to give them protection system for granting protection has against threats to their lives. In a second case decided on the same been shown to be flawed. The day by the same judge, it was held that Commission has long been of the view In the High Court on 27 October Mr Ann and Francis Brolly, both of whom that the system was not being applied Justice Weatherup upheld an application are Sinn Féin councillors on Limavady in a way that fully complied with the from Mr William Frazer, who is closely District Council, had also been wrongly European Convention. I believe that associated with the victims’ group refused protection. The police had by funding these two cases to a Families Acting for Innocent Relatives. Mr advised that there was the potential for successful conclusion the Commission Frazer had been refused protection Mr and Mrs Brolly being singled out for has contributed significantly to the despite police advice that he was under attack and that the level of threat was better protection of human rights in “significant” threat. In police terms this “moderate”. Again Mr Justice Northern Ireland. meant that, on the basis of recent Weatherup held that the Secretary of general intelligence or the overall State had been wrong to conclude that The victories do not mean that security and political climate, Mr Frazer such a level of threat could not amount Mr Frazer and Mr and Mrs Brolly will was a likely priority target. The judge to a “real and immediate risk” for the now automatically be granted held that because the Secretary of State purposes of the European Convention. protection. The Secretary of State will had refused protection to Mr Frazer on have to reconsider their applications the ground that the threat against him Commenting on these two court for protection in the light of the was not “imminent”, this was a breach victories the Chief Commissioner of the judge’s findings.

FIFTH ANNUAL REPORT PUBLISHED BY COMMISSION

The Northern Ireland Human Rights violence, systems for preventing and Government and local political parties. Commission has recently presented investigating deaths, policing and prisons before Parliament its Fifth Annual issues, the Bill of Rights and the failure “For example, we believe the British Report (covering the period April 2003 of Government to provide effective Government should do more to fully to March 2004). support to the Commission. investigate allegations of collusion and to ensure that law enforcement agencies The report sets out the Commission’s The Chief Commissioner, Professor Brice do not assist the activities of terrorist activities during the year, describing its Dickson, said: organisations. The Government should work on casework, legislation, policy also reform the inquest system and development, education, investigations “Recent coverage of our work on respond to recommendations increasing and research as well as progress on protecting the rights of female prisoners the powers of the Commission. We also a Bill of Rights for Northern Ireland. highlights the importance of having believe that paramilitary violence should a strong, independent body promoting be more widely condemned across the In its report the Commission provides an human rights in Northern Ireland. community and local politicians should overview of developments in human I am pleased with the progress we have re-energise their efforts to develop a rights standards in Northern Ireland and made this year in developing a culture comprehensive Bill of rights.” identifies seven key areas about which it of human rights, however there remains has serious concerns. These areas include a number of concerns which we The Report can be downloaded from the allegations of collusion, paramilitary hope can be addressed by Commission’s website at www.nihrc.org. 30 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

INFORMATION AND CONSULTATION REGULATIONS

In early April 2005 the Information and Consultation The Agency and the Department for Employment and Regulations (Northern Ireland) 2005 will implement Learning (DEL) have published a summary advisory guide on a European Directive which establishes new minimum the Information and Consultation provisions. Copies can be standards for workplace communication and dialogue downloaded from DEL’s website at www.delni.gov.uk/docs between employer and employees. /pdf/ACF622.pdf

The Regulations provide for the rights of employees Detailed guidance on the ICE Regulations are available to be informed and consulted about issues relating to the on a specific DEL web-page at organisation they work for. The types of “issues” that www.delni.gov.uk/docs/pdf/NI_Draft _Guidance2005.pdf employees are entitled to be informed and consulted upon are detailed in the Regulations. The Labour Relations Agency will be running seminars on the Information and Consultation Regulations as well The Regulations are to be implemented in stages as providing information and facilitating organisations and will apply: who wish to introduce or develop information and consultation arrangements. • to undertakings with 150+ employees from April 2005 Further information can be obtained from the • to undertakings with 100+ employees from April 2007 Labour Relations Agency – telephone 90321442 or by • to undertakings with 50+ employees from April 2008 e-mail at [email protected]

ADVERTISEMENT ADVERTISEMENT

Republic of Ireland Agents

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

Our offices are close to Courts, Government Buildings and Commercial Centre. Fee splitting by arrangement.

Hughes & Liddy Solicitors 2 Upper Fitzwilliam Street Dublin 2 Tel: (00 3531) 6766763 or (00 3531) 6789701 Fax: (00 3531) 6766702 31 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

POWERS OF LOCAL GOVERNMENT AUDITORS TO BE STRENGTHENED

The Department of the Environment rather than primary legislation, the A copy of the Consultation Document (DoE) has published a Consultation amounts district councils can spend is available on Document with an explanatory on special purposes in their areas www.doeni.gov.uk/lgd/consultations. memorandum and draft Order in and enable DoE to make subordinate Council, designed to improve the legislation conferring on district The consultation period will run until legislative and regulatory framework councils the power to provide 10 January 2005. for Northern Ireland local government. indemnities to their members and officers. The proposals are mainly about local government audit and involve The proposals also provide district extending the powers of local councils with new powers to regulate government auditors, consolidating cosmetic piercing and semi-permanent existing Northern Ireland audit skin-colouring businesses and carry provisions and updating them in line out emergency planning. It is with best practice. proposed to allow district councils to retain receipts they receive from fixed The draft Order will also enable DoE penalties that are levied for littering to vary, by subordinate legislation and dog fouling.

CHANGING FACE OF PARKING ENFORCEMENT

The Department for Regional funding arrangements being in place, Development (DRD) has announced DRD plans to change the status of that the processing of parking parking infringements from criminal enforcement will be carried out by the offences, enforced by the PSNI, Department and the operation of through the Traffic Warden Service, parking enforcement will be through a to civil offences, that will be specialist contractor, when the enforced by specially trained traffic responsibility transfers from the PSNI to attendants, employed by a specialist DRD in 2006. contractor, under the responsibility of the Department. The PSNI has indicated that it intends to withdraw from the enforcement of The changes to introduce on-street parking restrictions to focus decriminalised parking enforcement on areas of greater policing priority, (DPE) will bring Northern Ireland into including road safety. line with arrangements in other parts of the United Kingdom, where DPE Subject to the necessary legislation and was introduced in the early 90’s. 32 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

Northern Ireland Young Solicitors Association

NORTHERN IRELAND YOUNG NORTHERN IRELAND YOUNG SOLICITORS’NORTHERN ASSOCIATIONIRELAND YOUNG SOLICITORS’NORTHERN ASSOCIATIONIRELAND YOUNG andSOLICITORS’ ASSOCIATION SOLICITORS’ ASSOCIATION PRESENTS A LUNCHTIME LECTURE ON: ENVIRONMENTALand & PLANNING LAW PRESENTS A LUNCHTIME LECTURE ON: ACCOCIATIONENVIRONMENTAL FOR NORTHERN& PLANNING IRELAND LAW ACCOCIATION FOR NORTHERN IRELAND WHATWHAT LITIGATIONLITIGATION PRESENTPRESENTS A LUNCHTIME A LUNCHTIME LECTURE LECTURE ON: ON: LAWYERSLAWYERS NEEDNEED UNDERSTANDINGUNDERSTANDING THETHE TOTO KNOWKNOW ABOUTABOUT PLANNINGPLANNING SYSTEMSYSTEM MEDIATIONMEDIATION

SPEAKER: Bill Morrison, Director of Planning, Ostick SPEAKER: Mr Brian Speers and Williams DATE: Friday 25th February 2005 DATE: Tuesday 25th January 2005 TIME: 1pm- 2pm TIME: 1pm-2pm (tea, coffee and sandwiches from 12.30 pm) (tea, coffee and sandwiches from 12.30pm) VENUE: Law Society House, Victoria Street, Belfast VENUE: Law Society House, Victoria Street, Belfast COST: £10 for members of the NIYSA* and £20 COST: £10 for members of either NIYSA or EPLANI for non-members. and £20 for non-members.

Attendance at this Seminar will provide one hour’s Attendance at this Seminar will provide one hour’s CPD entitlement. CPD entitlement.

Cheques and Booking Forms to NIYSA Cheques and Booking Forms to NIYSA c/o Barbara c/o Emma Hunt, Mills Selig Solicitors, 21 Arthur Street, Johnston c/o Hewitt Gilpin, Thomas House, 14-16 James Belfast BT1 4GA. Street South, Belfast, BT2 7GA. Fax to 028 9031 5221. Tel: 028 9057 3573 E-mail to: [email protected]. E-mail to: [email protected]

* All Solicitors aged 36 or under are * All Solicitors aged 36 or under are automatically members of NIYSA. automatically members of NIYSA.

BOOKING FORM BOOKING FORM

NAME NAME FIRM FIRM ADDRESS ADDRESS

E-MAIL ADDRESS E-MAIL ADDRESS TEL TEL NUMBER OF PERSONS ATTENDING NUMBER OF PERSONS ATTENDING I ENCLOSE REMITTANCE OF £ I ENCLOSE REMITTANCE OF £ 33 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

BRITISH NORTHERN IRELAND YOUNG SOLICITORS’ ASSOCIATION COUNCIL VISIT ANNUAL DINNER CONFERENCE Mount Juliet, Co. Kilkenny 18th and 19th February 2005

The annual visit from European The NIYSA has pleasure in inviting its members to attend our annual conference, students to Northern Ireland for which will take place in Kilkenny this year. We are hosting the conference jointly a week long study tour will take with the Society of Young Solicitors of Ireland (SYS) and the European Young Bar place in February 2005. Association (EYBA). We are confident that the 2005 conference will be particularly special with a busy programme of seminar sessions and social functions. The NIYSA will be hosting a dinner The venue for the conference is the exclusive Mount Juliet Conrad hotel set within at Belfast Castle on Wednesday 1500 acres of beautiful gardens in County Kilkenny. It is located 75 miles south of 16th February 2005. Dublin and is easily reached by car or train. A limited number of places will be available to our members The basic cost of the weekend is £200.00, per person, to include registration fee (all solicitors under 36). and the cost of accommodation (on the basis of two persons sharing a room). Travel is not included. If you are interested in attending, tickets priced £15.00 are available The first thirty places will be available at the substantially subsidised price of £150 from Barbara Johnston c/o Hewitt Gilpin CPD hours available. Thomas House 14-16 James Street South More information on Mount Juliet at www.mountjuliet.ie Belfast BT2 7GA Email: Detailed agenda and more information to follow on NIYSA website: www.niysa.com [email protected] Book now to ensure you benefit from the reduced rate!

Cheques and Booking Forms to: NIYSA, c/o Emma Duffy, Almac Sciences, Almac House 20 Seagoe Industrial Estate, Craigavon BT63 5QD E-Mail: [email protected]

BOOKING FORM

NAME FIRM ADDRESS

E-MAIL ADDRESS TEL NUMBER OF PERSONS ATTENDING I ENCLOSE REMITTANCE OF £ 34 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

Remembering Billy Cumming

Tuesday 16th November marked an service as President. When he took A reception and simple dedication important day in the annals of the Law office in November 1976 he was again ceremony was then organised. Society, and for the family friends and following in the footsteps of his father. colleagues of the late Billy Cumming. The Council was delighted to welcome On that day the Council of the Society All who remember that time recall the Irene and Nicholas as guests of honour paid tribute to the memory of a distinction with which he deployed his and it was gratifying that so many of distinguished Past President, a fine many talents in leading the profession Billy’s colleagues, particularly from his lawyer and a respected colleague. with courage and conviction. home town, were able to be present. The President, speaking at the reception, Billy Cumming was one of the There are many solicitors, young recalled the lengthy and congenial best-known solicitors in the jurisdiction. and not so young, both within North working relationships between the Practising in Ballymena as the principal Antrim and further afield who have Cumming family firm and that of his in the firm established by his father, reason to remember Billy with affection own family. The event drew to a close Samuel, Billy developed a formidable and respect. So when the proposal to with Nicholas responding on behalf of reputation as an expert conveyancer. mark his memory was first mooted his mother and wider family circle. It seemed somehow a wholly natural within the Society by Brian Walker progression when he followed his family there was an immediate unanimous The painting (Evening Light, Connemara) tradition by joining the Society Council, and positive response. In discussion is by Dutch born artist, Joop Smits who serving for many years with no time off between Joe Donnelly with Billy’s wife, now lives in Cork. It will be placed on for good behaviour and was still Irene and son Nicholas, it was eventually display in Law Society House. making a vital contribution to his chosen agreed that a fitting memorial would profession up to the time of his untimely be the purchase of a painting by the This unpretentious and dignified event death in April 2002. Society to be dedicated to Billy and seemed a particularly appropriate way to which would be placed on display in remember and honour this distinguished His involvement in the Society included Law Society House. man of the law.

Nicholas Cumming, Attracta Wilson and Brendan Agnew

Joe Donnelly, Irene Cumming, John Pinkerton, Nicholas Cumming and Attracta Wilson Lyle Cubitt, Irene Cumming and Owen Henry 35 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 High Court, Court of Appeal and Tribunal Decisions

REFERENCE BY ATTORNEY GENERAL IN THE MATTER OF AN APPLICATION actual or potential terminations of FOR NORTHERN IRELAND (NO 7 OF BY CIARAN JAMES CUNNINGHAM pregnancy in NI. - HELD that the appeal 2004) (GARY EDWARD HOLMES) FOR LEAVE TO APPLY FOR JUDICIAL should be allowed and declaratory relief Robbery. - sentencing. - whether REVIEW granted sentence imposed was unduly lenient. - Application for leave to apply for judicial COURT OF APPEAL HELD that while sentence imposed was review of a prison governor's 8 OCTOBER 2004 unduly lenient, it would not be adjudication of 25 June 2004 whereby CAMPBELL, LJ appropriate to alter the sentence in the prisoner was found guilty of being NICHOLSON, LJ present case abusive to senior officer. - HELD that no SHEIL, LJ COURT OF APPEAL error of law was found in the approach 12 NOVEMBER 2004 adopted by the prison governor. - IN THE MATTER OF APPLICATIONS BY JUDGE KERR, LCJ application dismissed WILLIAM FRAZER FOR JUDICIAL QUEEN'S BENCH DIVISION REVIEW IN THE MATTER OF AN APPLICATION 24 SEPTEMBER 2004 Application for judicial review of a BY JOHN BOYLE FOR JUDICIAL GIRVAN, J decision of the Secretary of State for REVIEW OF THE DECISION OF THE Northern Ireland refusing the applicant DIRECTOR OF PUBLIC PROSECUTIONS DONNELLY, TONY AND FRANCES V admission to the Key Persons Protection Judicial review. - non-prosecution JIMMY DOYLE Scheme. - judicial review of decisions of decision. - challenge to lack of reasons. - Real property. - title. - right of way. - the Secretary of State rejecting an appeal policy of DPP on giving reasons. - adverse possession. - abandonment. - from 2 decisions of the Chief Constable whether breach of the policy. - whether appeal as to the ownership of a laneway of the PSNI refusing a variation of the Art 3 of ECHR engaged. - application leading to the plaintiffs' house. - HELD applicant's firearms certificate and then dismissed that the plaintiffs owned the totality of revoking the firearms certificate. - HELD QUEEN'S BENCH DIVISION the laneway and the defendant had a that the decision of the Secretary of 29 SEPTEMBER 2004 right of way across the laneway State in relation to protection outwith GIRVAN, J QUEEN'S BENCH DIVISION the scheme must be quashed, but the 8 OCTOBER 2004 applicant's grounds of challenge to the IN THE MATTER OF AN APPLICATION SHEIL, J refusal of a personal protection weapon BY ANN BROLLY AND FRANCIS and the revocation of his firearms BROLLY FOR JUDICIAL REVIEW FAMILY PLANNING ASSOCIATION FOR certificate are rejected Application for judicial review of NORTHERN IRELAND V MINISTER FOR QUEEN'S BENCH DIVISION decisions of the Secretary of State for NI HEALTH SOCIAL SERVICES AND 27 OCTOBER 2004 and the Chief Constable of the PSNI PUBLIC SAFETY AND SPUC NI, WEATHERUP, J relating to their exclusion from the Key ARCHBISHOP SEAN BRADY AND THE Persons Protection Scheme and the NORTHERN BISHOPS, PRECIOUS LIFE IN THE MATTER OF J AND S refusal to disclose to the applicants a risk AND LIFE (NI) (INTERVENERS) (SUPERVISION ORDER OR A CARE assessment carried out by police. - HELD Appeal from decision of Kerr J of 7 July ORDER) that there was no procedural unfairness 2003 whereby he dismissed application Application by a Health and Social in the non disclosure of the risk for judicial review. - whether advice and Services Trust for a supervision order or assessment by the police, but the guidance should be issued to women care order. - whether the threshold decision of the Secretary of State in and clinicians in Northern Ireland on the criteria pursuant to Art 50(2) Children relation to the scheme be quashed availability and provision of termination (Northern Ireland) Order 1995 have been QUEEN'S BENCH DIVISION of pregnancy services. - to investigate satisfied. - legal principles governing the 27 OCTOBER 2004 whether women in NI are receiving choice of Care or Supervision Orders. - WEATHERUP, J satisfactory services in respect of actual HELD that the appropriate order to be or potential terminations. - to make or made should be a supervision order secure the making of arrangements FAMILY DIVISION necessary to ensure that women in NI 11 OCTOBER 2004 receive satisfactory services in respect of GILLEN, J 36 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

IN THE MATTER OF AN APPLICATION defendants. - HELD that the application IN THE MATTER OF AN APPLICATION BY J L_P be dismissed BY N (A MINOR) BY C HIS FATHER Adoptive mother appeals against QUEEN'S BENCH DIVISION AND NEXT FRIEND FOR JUDICIAL decision of Weatherup J of 16 March 24 SEPTEMBER 2004 REVIEW 2004 whereby he ordered that a Special educational needs. - dyslexia. - grandmother should have direct contact R V CLIFFORD GEORGE MCKEOWN applicant seeks leave under RSA O 53 r.6 with her natural granddaughter Applicant appealed conviction for (2) to amend the relief sought under following her adoption. - whether direct possession of firearms and ammunition earlier application made on 13 August contact should be ordered where the with intent, and possession of articles for 2004 and grounds upon which it should adoptive parent objects. - Appeal a purpose connected with terrorism. - be granted. - HELD that leave to amend dismissed whether failure of prosecution to disclose should be granted COURT OF APPEAL certain materials on the grounds of QUEEN'S BENCH DIVISION 30 SEPTEMBER 2004 public interest gave rise to unfairness in 7 OCTOBER 2004 KERR, LCJ trial and constituted a breach of Art.6 GILLEN, J ECHR. - allegations of entrapment. - KERR, LCJ R V NEIL GORDON Appeal dismissed IN THE MATTER OF AN APPLICATION GRAHAM COURT OF APPEAL BY J DAVID NAGRA FOR JUDICIAL Murder. - sentencing. - tarif. - 28 OCTOBER 2004 REVIEW Application for leave to appeal minimum KERR, LCJ Appeal against the judgment of term imposed for murder. - whether Weatherup J of 19 December 2003 minimum terms imposed should be MORGAN, J IN THE MATTER OF AN dismissing application for judicial review greater than those in England and APPLICATION BY MICHAEL MCKEVITT of decision by an Appropriate Authority Wales. – HELD that the appeal be FOR JUDICIAL REVIEW OF A under Legal Aid and Criminal allowed and the minimum term varied to DECISION BY THE NORTHERN Proceedings (Costs) Rules 1992. - 18 years IRELAND LEGAL SERVICES applicant had failed to comply with time COURT OF APPEAL COMMISSION ON 22 DECEMBER 2003 limit on a number of cases. - Appropriate 22 OCTOBER 2004 Judicial review. - legal aid. - discharge of Authority determined percentage KERR, LCJ legal aid certificate. - whether procedure reduction from profit costs. - whether followed fair. - legality of the decision to Appropriate Authority had taken relevant R V GAVIN DAVID MCCARTAN discharge. - whether reasons severable. - considerations of good reason into Solicitors. - money laundering. - dominant reason. - fair trial. - equality of account. - whether decision application for leave to appeal six month aims. - ECHR article 6. - HELD that the unreasonable and disproportionate. - imprisonment sentence imposed by dominant reasons for the decision in the whether reasonable opportunity to show Higgins J for failure to disclose present case were good in law and the cause. - HELD that the Authority's information contrary to Art.44 Proceeds application for judicial review is decision must be quashed and the of Crime (NI) Order 1996 and using a dismissed appeal allowed. - matter to be false instrument contrary to S.3 Forgery QUEEN'S BENCH DIVISION considered by a differently constituted and Counterfeiting Act 1981. - whether 12 NOVEMBER 2004 appropriate authority applicant was gullible rather than GIRVAN, J COURT OF APPEAL malign. - HELD that remainder of the 11 OCTOBER 2004 sentence due should be suspended for a IN THE MATTER OF AN APPLICATION KERR, LCJ period of two and a half years BY MISBEHAVIN' LIMITED FOR COURT OF APPEAL JUDICIAL REVIEW, AND IN THE IN THE MATTER OF AN APPLICATION 15 NOVEMBER 2004 MATTER OF AN APPLICATION BY IAN FOR LEAVE TO APPLY FOR JUDICIAL KERR, LCJ BROWN FOR JUDICIAL REVIEW REVIEW BY E ON BEHALF OF S Licensing of sex establishments under (A MINOR) OF DECISIONS OF THE MCCOTTER, MICHAEL V MCNALLY, Art.4 Local Government (Miscellaneous NORTH EASTERN EDUCATION LIAM AND MCGEOWN, JOSEPH Provisions) (Northern Ireland) Order AND LIBRARY BOARD MADE ON PRACTISING AS JOHN J MCNALLY & 1985. - challenges to decisions of Belfast 17 OCTOBER 2000 AND CO SOLICITORS City Council and North Down Borough 10 JANUARY 2001 Stress at work. - plaintiff contends that Council to refuse licenses for premises. - Schools. - transport. - application to he developed a psychiatric illness as a Applications dismissed challenge the legality of a Department of result of the stress to which he was QUEEN'S BENCH DIVISION Education circular which sets out the exposed in the course of his employment 24 SEPTEMBER 2004 policy of the Department in relation to with a firm of solicitors. - whether WEATHERUP, J the provision of transport cost to school psychiatric injury to employee was children. - whether Department policy is reasonably foreseeable by the discriminatory by giving Catholic parents 37 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004 an advantage compared with non- TRIBUNAL DECISIONS Underwood and decided applicant was Catholics. - Application dismissed an independent sub-contractor not an QUEEN'S BENCH DIVISION BRADFORD, ANN MARIE V LEATHAM, employee. - Tribunal did not have 1 OCTOBER 2004 LINDA jurisdiction and dismissed claim. GIRVAN, J INDUSTRIAL TRIBUNAL, 22 SEPTEMBER 2004, 297/04IT IBRAHIM, HASSAN V TULLYMORE IN THE MATTER OF AN APPLICATION Applicant claimed constructive dismissal. HOUSE LTD BY MARIE LOUISE THOMPSON FOR - A disagreement arose between the 2528/03IT, 5 AUGUST 2004, JUDICIAL REVIEW applicant and the respondent concerning INDUSTRIAL TRIBUNAL Judicial review. - non-prosecution of the loan of a book. - The applicant has Applicant complained of breach of soldiers in fatal shooting. - whether difficulties with her mental health. - contract in respect of a bonus decision bad in law. - challenge to lack Tribunal decided applicant was not entitlement. - During the course of the of reasons. - policy of DPP is giving constructively dismissed. hearing evidence emerged concerning reasons. - whether breach of policy. - illegality of contract. - Applicant had whether DPP should have ordered fresh HEATLEY, DAVID V ABBEY PRINTING requested that he was paid £75 a week investigation. - Application dismissed SERVICE LTD AND DEPARTMENT FOR in cash in order to gain advantage of QUEENS' BENCH DIVISION EMPLOYMENT AND LEARNING State Benefits. - Respondent agreed to 29 SEPTEMBER 2004 REDUNDANCY PAYMENTS SERVICE this to facilitate applicant. - Tribunal GIRVAN, J INDUSTRIAL TRIBUNAL, 11 AUGUST decided they did not have jurisdiction to 2004, 3941/03IT deal with claim on grounds of illegality IN THE MATTER OF AN APPLICATION Applicant claimed notice and redundancy of contract and dismissed complaint. BY W FOR JUDICIAL REVIEW pay. - Applicant had previously been a Application for judicial review of the director of company but later became an JONES, NEIL ALAN V ROBERTS, decisions of the Secretary of State for employee. - Claim for notice pay was LIEUTENANT COLONEL AND Northern Ireland and the Chief withdrawn and tribunal ordered first MINISTRY OF DEFENCE Constable of the Police Service for respondent to pay £3,120. INDUSTRIAL TRIBUNAL, 27 AUGUST Northern Ireland in relation to the 2004, 162/03IT provision of home protection measures HILL, VICTORIA V JOE TURNER Decision on a preliminary issue. - for the applicant. - key persons 3 FEBRUARY 2004, 789/03IT, Applicant employed as an army chef and protection scheme. - HELD that the INDUSTRIAL TRIBUNAL complained of unfair dismissal. - Tribunal decision of the Secretary of State should Applicant claimed unlawful deduction decided it did not have jurisdiction be quashed from wages. - Respondent did not having regard to Articles 236, 237 and QUEEN'S BENCH DIVISION appear and was not represented. - Schedule 2 Part 2 Paragraph 12 of 27 OCTOBER 2004 Applicant commenced employment on Employment Rights (Northern Ireland) WEATHERUP, J 10 February 2003 and was dismissed on Order 1996. 20 February 2003 and was not paid WARKE, JAMES ALEXANDER V wages. - Tribunal ordered respondent to KANE, WILLIAM JAMES V TESCO BRITISH TELECOMMUNICATION PLC pay £504 in respect of unlawful DISTRIBUTION Negligence. - plaintiff fell off a ladder in deduction of wages in contravention of 3895/03IT, 21 MAY 2004, INDUSTRIAL the course of his employment. - HELD Article 45 of the Employment Rights TRIBUNAL that the plaintiff has established a breach (Northern Ireland) Order 1996. Applicant complained of unfair dismissal. of Reg 8(1) of the Provision of Use of - Applicant refused to carry out a lawful Work Equipment (NI) Regulations 1993. - HUENESTEIN, TEUNIS V FERN order and was suspended. - After an Damages awarded less 50% for COMPUTER SERVICES LTD investigation the applicant was contributory negligence 1266/03IT, 8 MARCH 2004, dismissed. - Proper procedure for raising QUEEN'S BENCH DIVISION INDUSTRIAL TRIBUNAL, grievances was not followed. - Tribunal 24 SEPTEMBER 2004 Applicant claimed unfair dismissal. - found that procedure was fair and MORGAN, J Whether applicant was an employee of dismissed application. the respondent. - Applicant provided computer consultancy services in the Caribbean on behalf of the respondent. - The applicant later came to work in Northern Ireland and was paid by respondents on issue of an invoice. - Tribunal considered the tests as set out in the case of Montgomery v Johnson 38 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

KENNEDY, WILLIAM V HUMPHREY, JA accompanied to interview by a trade MOORE, JOHN SHAW V THE BOARD T/A HUMPHREY AGRICULTURE AND union official. - This request was denied. OF TRUSTEES OF THE NATIONAL NICOBRAND LIMITED - Tribunal found applicant was unfairly MUSEUMS AND GALLERIES OF INDUSTRIAL TRIBUNAL, 2 APRIL 2004, dismissed and found respondent's NORTHERN IRELAND 3483/01IT conduct unreasonable. - Tribunal INDUSTRIAL TRIBUNAL, 16 MARCH Decision on application for review of awarded compensation of £7554 and 2004, 1179/01IT decision of 17 September 2003. - Earlier costs of £1000 to applicant. Applicant complained of unfair dismissal decision rules the applicant had not been and breach of contract. - Applicant was unfairly or constructively dismissed. - MCATEER, LEE V VETRO-SEAL (NI) employed as Head of Administration on Tribunal refuses application for review LIMITED a two year fixed term contract with INDUSTRIAL TRIBUNAL, 14 possible extension. - Applicant claimed KINNEY, ARTHUR V COMPLETE SEPTEMBER 2004, 2449/03IT he was selected for redundancy because HOMECARE LIMITED Applicant claimed unfair dismissal and of a disciplinary investigation. - Breach of 3966/03IT, 21 MAY 2004, INDUSTRIAL statutory redundancy under Article contract claim was withdrawn. - Tribunal TRIBUNAL 183(2)(a) Employment Rights (Northern dismissed claim of unfair dismissal. The applicant claimed for redundancy Ireland) Order 1996. - Applicant had pay and pay in lieu of notice. - been laid off but was later asked to NUGENT, ANNE V AG O'NEILL Respondent failed to appear. - Applicant return by respondent. - Tribunal LIMITED was employed as a plasterer from dismissed claims. 1149/03IT, 2 MARCH 2004, September 1998 to May 2003. - Tribunal INDUSTRIAL TRIBUNAL decided that applicant was dismissed by MCATEER, ALAN V FINLAY Applicant claimed for unfair dismissal. - reason of redundancy and this was in COMMUNICATIONS LIMITED Applicant was employed as an office breach of his employment contract. - 228/02IT, 24 AUGUST 2004, administrator and in 2002 the Respondent ordered to pay £2482.04. INDUSTRIAL TRIBUNAL respondent agreed that the applicant Applicant claimed for unfair dismissal. - could work a four day week but still LAVERY, JOHN V COMPLETE Applicant was employed as a satellite receive the same weekly wage. - In HOMECARE LIMITED engineer, three complaints were made by March 2003 respondent told applicant INDUSTRIAL TRIBUNAL, 1 SEPTEMBER customers and after an investigation that she must resume a five day week 2004, 4517/03IT applicant was found to have sold goods and applicant refused. - Tribunal decided Applicant claimed for Redundancy Pay, not provided by the respondent. - that applicant was unfairly dismissed Holiday Pay and no notice of Tribunal found that applicant was contrary to Article 126 of the termination. - Applicant did not receive unfairly dismissed but had by his own Employment Rights Order 1996 and any written confirmation of any behaviour contributed to his dismissal. - entitled to compensation of £9675. dismissal. - Respondent has ceased Respondent ordered to pay trading. Tribunal found applicant's compensation of £6707.33. SCOTT, JONATHAN V BROOKS GROUP complaints well-founded and awarded (UK) LIMITED, T/A BROOKS £30820.09 MCLOUGHLIN, ANDREW V ADRIA COOKSTOWN LIMITED 02505/01, 2004, INDUSTRIAL LEWIS, ROBERT V RAFFERTY, JOHN 425/02FET, 9TH FEBRUARY 2004, FAIR TRIBUNAL T/A CITY CONSTRUCTION SERVICES EMPLOYMENT TRIBUNAL Applicant complained he had been INDUSTRIAL TRIBUNAL, 22 Applicant subjected to sectarian subjected to disability discrimination, SEPTEMBER 2004, 1768/03IT harassment - He suffered from a breach of contract, unfair dismissal and Applicant claimed unfair dismissal. - depressive illness and was prescribed wrongful dismissal. - Applicant suffered Applicant left employment as a result of anti-depressants - Applicant depended from Type 1 diabetes. - He was employed dispute over holiday pay. - Tribunal found on his mother to arrange his affairs as a forklift operator from August 2000 applicant not unfairly dismissed but during this period and she did not seek to April 2001. - During his employment stated he was entitled to four weeks help from a solicitor until after the the applicant suffered a number of holiday pay. statutory time limit due to pressures in diabetic episodes and respondent became her own life and as she was worried worried about public safety. - MANN, MICHAEL V CROSSGAR about the welfare of her son - Tribunal Respondents requested that applicant see POULTRY LIMITED took all of these circumstances into the company doctor, applicant refused INDUSTRIAL TRIBUNAL, 17 MAY 2004, consideration and decided to extend the and left the premises. - Tribunal decided 4559/03IT time limit. that applicant was not unfairly neither Applicant claimed unfair dismissal. - dismissed, nor dismissed in breach of his Applicant had lodged a grievance contract. - Respondent had made complaint concerning bullying, reasonable adjustments to accommodate harassment and stress. - He asked to be disability as per Section 6 of the Disability 39 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

Discrimination Act 1995 and did not discriminate against applicant.

STEWART, DAVID V NATIONAL AUSTRALIA EUROPE GROUP LIMITED 54/02IT, 16 SEPTEMBER 2004, INDUSTRIAL TRIBUNAL Applicant claimed he was discriminated on the grounds of his sex. - Applicant had been employed by company since Central Procurement Directorate, Supplies and Services Division on behalf of Health and Personal Social Services 1973 and applied for position as Asset (HPSS) Boards and Trusts wish to invite tenders for the provision of the following legal services: Structuring Manager. - Applicant was a Grade 7 manager but the post was 1. Clinical Negligence (including medical negligence). awarded to a Grade 6 female manager. - 2. Personal Social Services (including primary care). Interviewers did not follow bank's 3. Employment Law, Employers and Public Liability Law, Contract Law, recruitment and selection policy. - Administrative Law. Applicant was distressed by his failure to Each contract will be for a period of three years commencing 1 April 2005 with the option to extend for four further be selected and the way in which he periods of one year each. heard. - Tribunal decided applicant was As legal requirements vary from body to body, an information sheet providing the organisational basis on which discriminated against contrary to HPSS bodies are seeking tenders and the areas of law required will be issued with the tender pack. provisions of the Sex Discrimination Applications for the tender pack should be submitted in writing or by fax quoting reference number S 13665 04 to: (Northern Ireland) Order 1976 and Supplies and Services Division, Central Procurement Directorate, Rosepark House, Room 203, Upper Newtownards Road, Belfast, BT4 3NR awarded him £12,355. Fax : 028 9052 6502

TRUESDALE, SHARON V JOHN The closing date for receipt of tenders is 15.00hrs on 27 January 2005. GILLAN AND HARRY CLARKE & CO www.dhsspsni.gov.uk (ANTRIM) LTD AND INSURANCE SERVICES (NI) LTD INDUSTRIAL TRIBUNAL, 21 MAY 2004, 413/02IT Applicant claimed unfair dismissal and racial and sexual discrimination. - Tribunal found that applicant did not have sufficient continuity of employment and presented scant evidence for discrimination claims. - Tribunal dismissed all applications.

WALKER, KAREN LESLIE V DUNDEE AUTOS LTD AND DUNDEE, KENNETH H INDUSTRIAL TRIBUNAL, 18 MAY 2004, 8916/03IT Applicant alleged she was dismissed without notice as a result of redundancy. - Respondents failed to attend. - Tribunal decided applicant's dismissal was in breach of contract and awarded compensation of £2,119.68 under Working Time Regulations (Northern Ireland) 1998.

All decisions are available in full text and free of charge from the Libero database

A full list of recent abstracted decisions is now available on our website 40 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

RECENT MAGISTRATES’ COURT RULES

The Magistrates’ Courts the clerk of the petty sessions shall forms which prescribe the procedure (Amendment No.3) Rules (Northern direct the release of the person for an application to a court of Ireland) 2004 SR2004 No.433 concerned on bail as granted by summary jurisdiction for the grant of a the court. bookmaking office licence. These Rules which came into operation on 7th October 2004 Rule 2(2) amends Schedule 1 to the amend the Magistrates’ Courts Rules principal Rules by; The Magistrates’ Courts (Licensing) (NI) 1984 (“the principal Rules”) to (Amendment) Rules (NI) 2004 take account of Section 10 of the • inserting after Form 10B, the new SR 2004 No. 451 Justice (NI) Act 2004 (“the 2004 Act”). Form 10C in the Schedule to these Rules; and These Rules which came into Rule 2(1) inserts new Rule 161A into • inserting after Form 91E, the new operation on 20th October 2004 the principal Rules which prescribes Forms 91F to 91I in the Schedule to are made in consequence of the the procedures which apply to an these Rules. Licensing (Indoor Arenas) (NI) Order appeal under section 10 of the 2004 2004 which amends the Licensing Act by the prosecution against the (NI) Order 1996 to: grant of bail by a magistrates’ court. The Magistrates’ Courts (Betting, New Rule 161A provides that – Gaming, Lotteries and - add an indoor arena to the types Amusements) (No.2) (Amendment) of premises for which a court may • oral notice of the appeal shall be Rules (NI) 2004 SR2004 No.450 grant a licence for the retail sale given to the clerk of the court and of intoxicating liquor; and to the person concerned at the These Rules which came into conclusion of the proceedings in operation on 20th October 2004 are - provide for a new type of which the bail was granted; made in consequence of the Betting application to a court of summary • the court shall remand in custody and Gaming (NI) Order 2004 which jurisdiction to attach, vary or the person concerned until the amends the Betting, Gaming, Lotteries remove conditions in respect of a appeal is determined or otherwise and Amusements (NI) Order 1985 to licence for an indoor arena during disposed of; provide that applications for the grant its currency. • written notice of appeal shall be of a bookmaking office licence shall served on the clerk of petty sessions be made to a county court instead of The Rules amend the Magistrates’ and the person concerned within a court of summary jurisdiction. Court (Licensing) Rules (NI) 1997 two hours of the oral notice being to, in particular prescribe the given; and The Rules amend the Magistrates’ procedure for an application to • where the prosecution fails to serve Courts (Betting, Gaming, Lotteries and attach, vary or remove conditions the written notice of appeal, or Amusement) (No.2) Rules (NI) 1987 to in respect of a licence for an subsequently abandons that appeal, revoke or amend those rules and indoor arena.

COUNTY COURT (AMENDMENT NO.2) RULES (NORTHERN IRELAND) SR 2004 NO. 463

The above Rules which were made on 3rd November 2004, amend the County Court Rules (Northern Ireland) 1981 (“the principal Rules”) to make provision relating to –

• special measures under Part II of the Criminal Evidence (Northern Ireland) Order 1999 (“the 1999 Order”); • applications under section 46 of the Youth and Criminal Evidence Act 1999 (“the 1999 Act”) for reporting directions and excepting directions; • service of United Kingdom processes abroad under the Crime (International Co-operation) Act. • applications for the grant of bookmaking office licences and liquor licences for indoor arenas. 41 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

SITTINGS AND VACATIONS OF THE COURT OF APPEAL AND THE HIGH COURT 2005-06

ORDER 64 OF THE RULES OF THE SUPREME COURT (NI) 1980

MICHAELMAS TERM HALLOWEEN RECESS

Monday 5th September 2005 to Monday 31st October 2005 to Wednesday 21 December 2005 Friday 5th November 2005 inclusive

CHRISTMAS RECESS

Thursday 22nd December to Thursday 5th January 2006 inclusive

HILARY TERM EASTER RECESS

Friday 6th January 2006 to Monday 10th April 2006 to Friday 7th April 2006 Friday 21st April 2006 inclusive

TRINITY TERM LONG VACATION

Monday 24th April 2006 to Monday 3rd July 2006 to Friday 30th June 2006 Monday 4th September 2006 inclusive

Northern Ireland Court Service APPOINTMENT – MASTER (HIGH COURT): CHANCERY DIVISION The Lord Chancellor invites applications for appointment as Master (High Court).The Master (High Court) will be assigned to the Chancery Division of the Supreme Court and will have responsibility for bankruptcy and companies’ work.The Master (High Court) will also be expected to assist the other Masters as required. It is possible that where workload or other business needs require this, the Master (High Court) may be reassigned to another Division of the Supreme Court either permanently or for a fixed period of time. Eligibility To be eligible for appointment a person must be: (i) a member of the Bar of Northern Ireland of at least seven years’ standing; or (ii) a solicitor of the Supreme Court of Judicature of Northern Ireland of at least seven years’ standing.

The statutory retirement age is 70 and the Lord Chancellor will expect a reasonable period of service before retirement. Serving the Remuneration community The current salary for a Master is £90,760 per annum. through the administration A non-contributory pension scheme is available in respect of this post. Five years service is required in order of justice to be eligible for a pension under the scheme. Candidates will be appointed following an assessment and selection process, which may include shortlisting and will include an interview. All candidates will be required to submit an application form. Where it is necessary to shortlist candidates for interview, only those candidates who appear to best meet the stated criteria for each competence will be called for interview. It is therefore important that application forms reflect how and to what extent a candidate meets the specified criteria and competences. It is intended to hold the interviews for this post at the start of March. The Lord Chancellor will recommend for appointment a candidate who appears to him to be best qualified regardless of ethnic origin, gender,marital status, sexual orientation, political affiliation, religion, disability (except where the disability prevents the fulfilment of the physical requirements of the post), age (subject to the statutory age limit and reasonable period of service) or whether or not the candidate has dependants. The Lord Chancellor is committed to equality of opportunity in the appointments process for all those who are eligible for judicial office. How to Apply Further information relating to this appointment can be found on the Northern Ireland Court Service website, www.courtsni.gov.uk or by telephoning 02890 728764.An application form together with supplementary information is available from: Mrs Cheryl Dunlop, Judicial Appointments Unit, Northern Ireland Court Service, Headline Building, 10-14 Victoria Street, Belfast BT1 3GG (DX 527 NR, Belfast 1) Or email [email protected] Completed forms MUST be returned to arrive at the above address not later than 4.00pm on 21 January 2005. 42 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

Library Update

Recommended Reading - The Anti-social Behaviour (Northern Ireland) Order 2004

Legislation behaviour orders made on conviction in criminal proceedings. Anti-social Behaviour (Northern Ireland) Order 2004 www.northernireland-legislation.hmso This Order provides for the making of an anti-social .gov.uk/sr/sr2004/20040324.htm behaviour order against a person by a magistrates' court on All legislation is available on the Libero database via application by a relevant authority or by the court by or www.lawsoc-ni.org before which the person is convicted of a criminal offence. Breach of such an order is a criminal offence under Article Articles 7. Article 8 provides for restrictions on reporting The Anti-social Behaviour Act 2003: the ultimate nanny- proceedings for such orders against children. state Act? (reviews the provisions of the Anti-social www.northernireland-legislation.hmso Behaviour Act 2003) .gov.uk/si/si2004/20041988.htm Padfield: 2004 Sept C.L.R. 712-727

The Anti-social Behaviour (2004 Order) What is anti-social behaviour? (Commencement No. 1) Order (Northern Ireland) 2004 (provides a clearer definition of This Commencement Order brings into operation, other anti-social behaviour) than Article 6, the Anti-social Behaviour (Northern Ireland) Ramsay: 2004 Nov C.L.R. 980-925 Order 2004 on 25th August 2004 www.northernireland-legislation.hmso ‘ASBOs and Developing Case Law in England and Wales’ .gov.uk/sr/sr2004/20040373.htm by Ian Wise, Barrister at Law (copy of a presentation given to LSNI - available from Library on request). The Magistrates' Courts (Anti-social Behaviour Orders) Rules (Northern Ireland) 2004 Textbooks These Rules prescribe the procedure for applications under Pema: Anti-Social Behaviour Orders - a special bulletin. the Anti-social Behaviour (Northern Ireland) Order 2004 Jordans. 2003. ("the 2004 Order") relating to anti-social behaviour Carr: Anti-social Behaviour Act 2003 - a special bulletin. orders;interim anti-social behaviour orders; and anti-social Jordans. 2004.

New Books in the Library -

Gee: Commercial injunctions. 5th edition. Sweet & Hollington: Minority shareholders rights. 2nd edition. Maxwell. 2004. (formerly Mareva injunctions and Anton Sweet & Maxwell. 2004. Pillar Relief) Joffe: Minority shareholders: law, practice and Lewis: Judicial remedies in public law. 3rd edition. procedure. 2nd edition. Butterworths. 2004. Sweet & Maxwell. 2004. Greens solicitors professional handbook 2004-2005. Jones. Mental Health Act manual. 9th edition. Sweet Sweet & Maxwell. 2004. & Maxwell. 2004. Thurston: A practitioner’s guide to executorship and Walmsley: Butterworths company law handbook. administration. 6th edition. Butterworths. 2004. 18th edition. Butterworths. 2004.

Law Society Library Email: [email protected] 43 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

Managing the Whole Firm’s Risk

All firms develop a business culture and The reputation and commercial success contribute to successful risk there is no doubt that a healthy culture of the whole firm is jeopardised because management. Good leadership gives the can be a huge asset to a firm, making it one department is unable or unwilling to staff a strong sense of direction and stand out among its rivals. Indeed, a take into account the bigger picture. purpose. Effective team development well-managed firm with a culture tuned helps people to identify with others and to risk management can benefit through The lesson is that it is not a question of support their efforts and a good human reduced errors, claims and circumstances. blaming individual members of staff, or resources policy rewards those who even individual departments; it is a make the most contribution to the There can unfortunately be a darker side matter of getting the culture right so whole business. The lesson is that no to cultural issues. On occasions, the that staff feel rewarded for their efforts risk strategy can ever succeed if the culture of doing business can ingrain when they put the firm’s interests first. firm’s culture is ignored. high-risk behaviour because ‘it’s the way we’ve always done it’ or ‘it’s what the Risk management is intimately linked to This column was prepared by AFP market expects’. This type of behaviour a firm’s culture, not an optional extra Consulting, a Division of Alexander can sometimes be seen in practices which can be discarded when it is Forbes Risk Services UK Ltd. This article where one department puts its own inconvenient or apparently first appeared in ‘The Gazette’, the perceived business needs before the uncommercial. All the aspects which journal of the Law Society of England needs of the whole practice. make a firm a commercial success and Wales, 101/26 1 July 2004.

ADVERTISEMENT ADVERTISEMENT

Agricultural Advice REPUBLIC OF IRELAND AGENTS Litigation reports prepared on all theWrit aspects of agricultural/ horticultural production, livestock and handling, including personal injury and loss adjustment, by an experienced COPY DEADLINE ExpertWitness, checked and listed in the Law Society of England and FOR JANUARY Wales’ Directory of Expert Witnesses 2004, is a Member of the THURSDAY 6TH British Institute of Agricultural 51/52 Fitzwillian Square, JANUARY 2005 Consultants and a trained Mediator Dublin 2, Ireland on agricultural problems. DX 109010 Fitzwilliam. Contact: Tel: (3531) 6445800 Editor: John Bailie. Dr W A McIlmoyle Fax: (3531) 6619912 W Alan McIlmoyle and Associates Published by the Animal Nutrition E-Mail: [email protected] and Agricultural Consultants Law Society of Northern Ireland, 20 Young Street, Lisburn BT27 5EB Willing to undertake agency Tel: (028) 9266 1766 work on behalf of 98 Victoria Street, Fax: (028) 9266 1128 Solicitors in Northern Belfast, BT1 3GN E-Mail: [email protected] Ireland Website: Contact The views expressed are not www.ukagrisales.co.uk/amcilmoyle Marc Fitzgibbon (Partner) necessarily those of the Law Society of Northern Ireland. 44 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

Re: Margaret Jumnetta Duff, Will made by the above-named deceased (deceased) please contact: Missing Wills Late of: 6b Woodland House, Tanya Jennings Woodland Drive, Newtownabbey, Co Flynn & McGettrick Antrim Solicitors Date of death: 25th October 2004 9 Clarence Street Re: Violet Stewart (deceased) Would any person having knowledge of BELFAST BT2 8DX Formerly of: 12 Cranny Lane, the whereabouts of a Will of the above- Tel: 028 9024 4727 Portadown, Co. Armagh, BT63 5SW named deceased, please contact: Fax: 028 9023 6490 Late of: Aughnacloy House, Reavey and Company Tandragee Road, Lurgan, County Solicitors Armagh BT66 8TL 625-627 Shore Road Date of death: 5th October 2004 Whiteabbey Missing Title Would anyone holding a Will of the County Antrim BT37 0ST Deeds above-named deceased or having any Tel: 028 9085 3361 knowledge of the whereabouts of same Fax: 028 9036 5031 please contact: Ref: MK/D0628001 Watson & Neill Solicitors Folio: 26064 23 High Street Re: Fereidoon Behzadafshar County: Down Lurgan (deceased) also known as Registered Owners: Arashad Craigavon Mr Freid Afshar Mohammad and Abdual Ghuffar County Armagh BT66 8AH Late of: 55 Collinbridge Park, Mohammad Tel: 028 3832 5111 Glengormley, Newtownabbey, BT36 7SY Lands at: Cranny Lane, Bleary, Fax: 028 3832 7219 Would any person having knowledge of Portadown Email: [email protected] the whereabouts of a Will for the above- Take notice that any person having named deceased please contact: custody of or information as to the Re: Gerard Fox (deceased) Hewitt & Gilpin whereabouts of the Land Certificate Late of: 177 Stockman’s Lane, Belfast Solicitors relating to the above mentioned Folio Would anyone holding a Will of the Thomas Street should forthwith produce said Certificate above-named deceased or having any 14-16 James Street South or communicate such information to the knowledge of the whereabouts of same BELFAST BT2 7GA undermentioned Solicitor. please contact: Tel: 028 9057 3573 And further take notice that unless the Roisin McKenna Fax: 028 9057 3574 said Land Certificate is so produced or Madden & Finucane Ref: NG/NM adequate information as to its Solicitors whereabouts is so communicated within 88 Castle Street Re: Annie Hackett (deceased) three weeks of publication of this notice, BELFAST BT1 1HE Late of: Springlawn Private Nursing a duplicate Land Certificate may be Home, 44 Old Dromore Road, Omagh applied for. Re: David Gordon (deceased) County Tyrone Con O’Hagan Formerly of: Ramaket, Caledon, Formerly of: 15 Hillbank Fold, Omagh, Solicitor County Tyrone County Tyrone 13 Church Place Late of: 5 Ballyfounder Road, Date of Death: 8th October 2004 Lurgan Portaferry, Newtownards, County Would any person having knowledge of County Armagh BT66 6EY Down BT22 1RE the whereabouts of a Will for the above- Tel: 028 3832 4511 Date of death: 2nd October 2004 named deceased please contact: Fax: 028 3832 6172 Would anyone holding a Will of the James McNulty & Co above-named deceased or having any Solicitors Folio: DN 23544 knowledge of the whereabouts of same 25-27 George’s Street County: Down please contact: Omagh Registered Owners: The Most Ian Dawson & Co County Tyrone BT78 1DE Reverend Patrick Walsh, Most Solicitors Tel: 028 8224 2177 Reverend Anthony Farquhar, Reverend 13-15 Market Street Fax: 028 8224 9834 Edward O’Donnell, Reverend Armagh Monsignor Thomas Bartley PP County Armagh BT61 7QS Re: Alex McVeigh (deceased) Lands of: Ballyhornan, Barony of Tel: 028 3752 5566 Late of: 100 Cliftonville Road, Belfast Lecale Lower and County of Down Fax: 028 3752 6651 Date of death: 18th October 2004 Take notice that any person having Would anyone having knowledge of a custody of or information as to the 45 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

whereabouts of the Land Certificate 84 Castle Street Folio: AN 87928 relating to the above mentioned Folio Ballycastle County: Antrim should forthwith produce said Certificate County Antrim BT54 6AR Registered Owners: Mr Ronald Bann or communicate such information to the Tel: 028 2076 2215 Lands at: Willow Lodge, 19 Old Road, undermentioned Solicitor. Maghaberry, County Antrim BT28 2WL And further take notice that unless the Folio: DN 42712 We act on behalf of Abbey National plc, said Land Certificate is so produced or County: Down the registered owner of a Charge on adequate information as to its Registered Owners: Robin McGuire Folio AN 87928 County Antrim. The Title whereabouts is so communicated within and Eleanor McGuire Deeds have been mislaid or lost and three weeks of publication of this notice, Lands at: 16 Primacy Park, Bangor, anyone having knowledge of the a duplicate Land Certificate may be County Down whereabouts of Land Certificate Folio AN applied for. Take notice that any person having 87928 County Antrim registered in the Agnew Andress Higgins custody of or information as to the name of Mr Ronald Bann, Willow Lodge, 92 High Street whereabouts of the Land Certificate 19 Old Road, Maghaberry, County BELFAST BT1 2BG relating to the above mentioned Folio Antrim BT28 2WL, is requested to should forthwith produce said Certificate urgently contact: Registered Owner of a Charge: or communicate such information to the Fitzsimons Kinney Mallon Abbey National plc undermentioned Solicitor. Solicitors Borrower/Registered Owners: And further take notice that unless the 6 John Mitchel Place Darren McKnight & Rhonda McKnight said Land Certificate is so produced or Newry Premises: 41 Grangewood Road, adequate information as to its County Down BT34 2BP Dundonald, Belfast BT16 1GW whereabouts is so communicated within Any person having knowledge of the three weeks of publication of this notice, Re: Conor Bryson, Rory Bryson and whereabouts or security of the Title a duplicate Land Certificate may be Aisling Bryson Deeds for the above premises is asked to applied for. Premises at: 19 Dublin Road, Newry, contact the undersigned Solicitors acting L’Estrange & Brett County Down on behalf of Abbey National plc the Solicitors We act on behalf of our above named registered owner of a charge within ten Arnott House clients who are the next of kin of their days from the date of this publication. 12-16 Bridge Street late parents Kenneth Barclay Bryson and Fitzsimons Kinney Mallon BELFAST BT1 1LS Catherine Alice Bryson, both formerly of Solicitors 19 Dublin Road, Newry, County Down. 6 John Mitchel Place Folio: AN 20442 L The original Indenture of Conveyance, Newry Count: Antrim Catherine Marie Toner to Kenneth Barclay County Down BT34 2BP Registered Owners: Joan Kimberley Bryson and Catherine Alice Bryson dated Brown & David Brown 19th September 1991 is not present Folio: 13355 Address of Premises: 7 Windslow within the title documentations for the County: Antrim Park, Carrickfergus, County Antrim above premises held by our clients and is Registered Owner: Oliver McMullan Take notice that any person having believed to be mislaid. Lands of: Clough’s Road, Cushendall, custody of or information as to the Any party having knowledge of the Co. Antrim whereabouts of the Land Certificate whereabouts or custody of the said title Take notice that any person having relating to the above mentioned Folio deed is asked to inform and contact the custody of or information as to the should forthwith produce said Certificate undersigned Solicitors: whereabouts of the Land Certificate or communicate such information to the Fitzsimons Kinney Mallon relating to the above mentioned Folio undermentioned Solicitor. Solicitors should forthwith produce said And further take notice that unless the 6 John Mitchel Place Certificate or communicate said Land Certificate is so produced or Newry such information to the adequate information as to its County Down BT34 2BP undermentioned Solicitors. whereabouts is so communicated within And further take notice that unless the three weeks of publication of this notice, said Land Certificate is so produced or a duplicate Land Certificate may be adequate information as to its applied for. whereabouts is so communicated within Bernard Campbell & Company three weeks of publication of this notice, Solicitors a duplicate Land Certificate may be 17 High Street applied for. Carrickfergus Campbell McKee County Antrim BT38 7AN Solicitors Tel: 028 9336 9033 46 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

Solicitor required for expanding role in Applicants should contact: Solicitors our commercial/conveyancing The Personnel Partner department. Minimum three year’s PQE. Harte Coyle Collins Required An attractive salary will be offered to the Solicitors successful candidate. 55A Castle Street Please apply in writing with CV to: BELFAST Solicitor - Administration of Estates and Kieran Connolly Tel: 028 9027 8227 in writing or by Estate Planning. The candidate will be S C Connolly & Co Solicitors email to [email protected] self-motivated, resourceful and able to Bank Building make an immediate contribution to the Newry Solicitor required with at least two years’ continued success of the Probate County Down BT34 1AF PQE in civil litigation. Applications in Department. Applicants will be 3-4 years writing enclosing CV to: qualified and preferably will have Lennon Toner O’Neill Solicitors, 54 T H Conlon, Solicitors experience in administration of estates English Street, Armagh, require an 28 College Gardens and drafting trust documents. Assistant Solicitor for busy general BELFAST BT9 6BT This is a part-time position with an practice. Experience in Litigation, attractive remuneration package. Matrimonial and Criminal Law preferred. Excellent prospects are available to the Please apply in writing with CV to: Solicitors Seeking successful candidate within one of Lennon Toner O’Neill Employment Northern Ireland’s leading Commercial Solicitors Law Practices. 54 English Street, Armagh Application forms, together with further County Armagh BT61 7DU Experienced litigation solicitor will soon information, can be obtained from: Closing date for applications: 7 January be available for employment (locum or The Finance Director 2005 full-time). Please telephone Ursula Burns Tughans on 07711 669907. 30 Victoria Street P R Hanna, Solicitors of 2nd Floor, BELFAST BT1 3GS Lesley Suites, 2-12 Montgomery Street, Tel: 028 9055 3300 Belfast require a motivated and energetic Change of E-mail: [email protected] Solicitor to work in the expanding Address Tughans is an Equal Conveyancing Department of our Belfast Opportunities Employer. office. Some travel to our Downpatrick office may also be required. Following the fire at our offices at Royal McFadden Perry require solicitor for The ideal applicant will have 1-3 year’s Avenue, Belfast, McCann & McCann expanding litigation and Matrimonial & experience in Domestic Conveyancing Solicitors are now located at:- Family Law Division in their Bangor office. and be capable of managing a full Cathedral Terrace Apply with CV to: caseload promptly and efficiently. 19 Church Street Linda McFadden Experience of Commercial Conveyancing BELFAST BT1 1TG McFadden Perry would be an advantage but not essential Tel: 028 9029 9999 Springhill Shopping Centre as would Wills/Probate. Fax: 028 9028 2812 Kileen Avenue Applications from more experienced Bangor Solicitors interested in a part-time County Down BT19 1ND position would also be welcomed. Bookkeeper Tel:- 028 9147 9494 Excellent working conditions and salary Available Email – [email protected] will be offered to the right applicant. Please apply in writing enclosing CV to: Rosemary Connolly Solicitors, Claire Devlin LLB Experienced bookkeeper available for Employment and Equality Law specialists, P R Hanna part-time position. Fully computerised – require an Employment lawyer, minimum Solicitors conversant with Opsis and Alpha Law. two year’s PQE desirable. 2nd Floor,Lesley Suites Would be of assistance in the Replies enclosing full CV to: 2-12 Montgomery Street following areas: Rosemary Connolly BELFAST BT1 4NX - transition from manual to computerised Solicitors accounts 2 The Square Fixed term contract available for a - office management Warrenpoint solicitor in a busy general practice from - VAT/PAYE returns County Down BT34 3JT end of April 2005. Experience in family - computer inputing Or by email to: law and litigation essential and Please contact Miss Tracy Murray at [email protected] experience in criminal law an advantage. 07763 346887 or 028 9085 1002 47 J OURNAL OF THE LSNI N OVEMBER / DECEMBER 2004

ADVERTISEMENT ADVERTISEMENT

ATT TEP

Gillian McClenahan ATT TEP Tax Trust & Estate specialist has established Willplantax to provide a confidential consultancy service for solicitors accountants and financial advisers throughout the Province where help or a second opinion is required with • Inheritance Tax, Capital Gains Tax & Personal Tax planning & compliance • Drafting Tax efficient Wills, Trust Deeds & Deeds of Variation • Self Assessment Tax Returns for Individuals, Estates, Trusts & for Non UK Residents • Controllership Applications and funding for care. Web: www.willplantax.co.uk E-mail: [email protected] Phone/Fax: 02891-274634 Or 07967 581702

ADVANCE NOTICE

Seminar on The Criminal Justice Act 2003 and its implications for Northern Ireland

at

The Institute of Professional Legal Studies 10 Lennoxvale Belfast BT9 5BY

Date: MARCH 2005

Speakers: Professor Sean Doran and Professor John Jackson