Issue No. 129 November 2001 THE RIT JOURNAL OFW THE LAW SOCIETY OF NORTHERN IRELAND Criminal Injuries Reform: The Assembly Verdict

As reported in previous editions of The should be by the legal profession - not Parliament in its current form. Writ, the Society had made submissions Victim Support Northern Ireland. In addition the Assembly took the view to the Northern Ireland Assembly, Recommendation 4: That the Secretary that the proposed removal of the right explaining in detail the reasons why the of State should examine other areas of appeal to the courts was Society was opposed in principle to the where Victim Support Northern Ireland fundamentally flawed, and made a Government proposal to introduce a may be able to play a more increasingly further point noting explicitly: tariff-based compensation assessment pro-active role in supporting victims of system in Northern Ireland. “....the core recommendations set out in violent crime. the Law Society’s supplementary The Assembly met in plenary session on Recommendation 5: That the Secretary memorandum of evidence. This calls for 26th November to debate the matter, of State should not, in determining an the establishment of a working party and in particular a Report on the award, have regard to a person’s criminal with a general remit to examine the proposed legislation prepared by a record, where that persons actions, that compensation process. The key objective special ad hoc Committee of the maybe indicative of that record, cannot of this remit would be to bring about Assembly, which had reviewed the be shown to be responsible for the act of systematic improvement by addressing legislation, and received written and oral criminal violence that resulted in the the problems of delay and ensuring submissions from various interested injuries, for which compensation is being transparency, communication and loser parties (including the Society). sought. liaison between agencies within the system. The Committee encouraged the The Assembly endorsed the Report Recommendation 6: That paid legal Northern Ireland Office to engage with recommendations which received assistance should continue to be the Law Society and give due unanimous cross-party support. The provided to persons who make successful consideration to their proposal”. Assembly recommendations to the NIO applications for compensation. are as follows: Responding to the Assembly debate, the Recommendation 7: That a system of President, Mr. John Neill, welcomed the Recommendation 1: The proposal for a compensation whereby awards are clear and unequivocal endorsement by “bereavement support payment” to be determined by a Tariff should not be the Assembly of the Society’s position, made, in recognition of the grief and introduced in Northern Ireland. saying: ‘Unfortunately the government sorrow caused by the death of a victim of has shown no willingness to date to violent crime, to qualifying claimants, Recommendation 8: That the Secretary engage in a meaningful dialogue with should be incorporated into Northern of State should not, in determining an the Society, and indeed has given every Ireland’s compensation system for award, have regard to any payments signal that non-negotiable decisions have criminal injuries. made in respect to private healthcare or been made, and that the consultation those received out of private health exercise is a meaningless formality. The Recommendation 2: That the proposal insurance. for wider eligibility criteria to apply in message to the Government from almost cases where a person is claiming Recommendation 9: That the Secretary all consultees and now the Assembly is compensation for psychological injuries of State should, where a victim is unable clear. We hope that the Government will should be incorporated into Northern to work, award compensation for loss of listen to the voice of the Assembly, think Ireland’s compensation system for earnings and earning capacity from the again, and take up the Society’s criminal injuries. date of the injury. recommendations for a working party, led by a senior judge, to examine ways in Recommendation 3: That representation Recommendation 10: That the proposed which the present process could be and the provision of advice to victims legislation should not be introduced to improved without penalising victims”.

CONTENTS

Trek for Action Cancer...... p4 Pro Bono Scheme...... p6 Risk Management...... p13

Law Society Financial Advice...... p5 Book Launch ...... p12 Land Registry...... p20 November 2001

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which was typical of many personal injury cases where, if the claimant's evidence, or that on his or her behalf is Settling Scores accepted, the claim will succeed and if the defendant's account is accepted the claim will either fail or there will be Will a recent Court of Appeal at the approval hearing. The claimant substantial contributory negligence. decision lead to more caution over subsequently contended that the advice Where there is such a conflict it is very advice on outcomes? to settle had been negligent and that difficult, if not impossible at an earlier the action had really had considerably stage of the case, as (the advice to On 8 June 2001 the Court of Appeal greater prospects of success than the settle) was, to be sure which evidence (Schiemann and Kay LJJ and Sir Murray third defendant had advised. The Court will be preferred.' Stuart Smith) gave judgement in Griffin of Appeal concluded that the third v Denise Kingmill and DJ Freeman & co defendant's analysis of the evidence was Counsel's responsibilities (A Firm) and Peter Clark HHJ (unrep). It wrong, and that had it been corrected, In a case such as this, which depended is an interesting and important advice to settle for £50,000 would or on assessing which evidence was likely judgement which deals with the nature should have been given. to be preferred, Sir Murray Stuart Smith of the duty counsel and solicitors owe said that: to lay clients in giving advice about the Standard Advice 'All that can be done is to point out the likely outcome of litigation. The leading judgement was given by Sir fact and the significance of the conflict Background Murray Stuart Smith. He pointed to of evidence and then make some Lord Diplock's speech in Saif Ali v Sidney attempt to evaluate the strengths and The facts were simple. In 1988 the Mitchell & Co (1980) AC 198 at 220, and weaknesses of the conflicting account. claimant, who was 12 years old, was went on: It would take very cogent reasons going home from school when she was 'The circumstances in which barristers indeed to say that it was knocked down by a motor car. She and solicitors have had to exercise their overwhelmingly likely that a particular suffered devastating injuries. The first judgement vary enormously: On the witness's account would be preferred defendant, a solicitor whose practice one hand decisions have frequently to and another's rejected, and subsequently merged with that of the be made in court with little time for consequently that the claim had no second defendant, was instructed to mature consideration or discussion. reasonable prospect of success... In a investigate with a view to recovering That is a situation familiar to any case such as this, logical and sensible damages against the driver of the car. advocate. It is one in which it may be reasons have to be given for rejecting She did so. In 1989 the driver's insurers very difficult to categorise the the favourable evidence of a witness. If made an offer of settlement of £50,000. advocate's decision as negligent even if the reasons do not bear examination The third defendant, who was then a later events proved it to have been they are not such as can be expected barrister specialising in personal injury wrong. Or in a very complex case it may from a competent and experienced cases, was instructed to advise on be that in advising settlement too much practitioner.' whether the offer should be accepted. weight is given to some factors and not He was told that the claim was privately enough to others. Here again a difficult The court was anxious that its funded and that the claimant's parents judgement has to be made; and unless judgement should not be taken as had very little money but were the advice was blatantly wrong, i.e. such requiring counsel to sit on the fence. It rearranging their finances with a view as no competent and experienced pointed out that the fence was not to qualifying for legal aid. He advised practitioner would give it, it cannot be necessarily a safe place to be. Kay LJ in writing. The opinion was short. He impugned and the prospects of said: briefly analysed the evidence, and successfully doing so would seem very 'Litigants do require clear advice. There concluded: slight.' is little point in obtaining the opinion of counsel, if counsel is not prepared to 'I cannot hold out any reasonable This, with respect, is very confusingly give the client the benefit of his prospect of establishing any liability on put. The only test which applies, to experience and expertise. Nothing in the part of any driver for this accident.' courtroom and paper decisions and in the conclusions I have reached in this simple and complex cases alike, is case would discourage the giving of The first defendant apparently agreed whether the advice which is criticised is with this advice. She noted that legal such robust advice provided it was given advice which no competent and with proper care. Indeed an indecisive aid was not available and that the offer experienced practitioner would give. should be accepted. Acting on the opinion in circumstances which would advice from the first and third Claimants criticising advice given in lead a reasonably competent defendants the claimant accepted the complex cases do not have to prove that practitioner to give clear and positive offer. It was agreed that, on full the advice given is blatantly wrong any advice might in itself be viewed as liability, the claim would have been more than claimants criticising advice in negligent.' worth at least £500,000. Sir Murray simple cases do. Of course increasing Unsurprisingly, the court emphasised Stuart Smith thought that it would have complexity will make negligence more that a fuller, more reasoned opinion been worth nearer £1m. Since the evidentially difficult to show, but the would be easier to defend than one claimant was an infant, the settlement test the evidence has to satisfy remains which consisted of thinly reasoned had to be approved. Master Turner the same. But this case, said Sir Murray assertions. Kay LJ put it like this : approved it. A lot of the available Stuart Smith was, '...counsel need do no more than refer evidence was not put before the Master '...essentially a simple case. It was a case to those parts of the evidence in their November 2001

3 opinion that justify their conclusion on everybody knew they shortly would be.' given to the urgings of counsel, the material matters. The absence of a question which should be asked is what reference to a piece of evidence clearly Decision not to prosecute the driver is the point of approval hearings at all? does not in itself lead to any inference The driver of the car which knocked Conclusions that it has been over-looked. If, down the claimant was not prosecuted. however, that evidence is such that it It was contended that this supported Griffin will make barristers and solicitors would appear to be against counsel's the view of the case taken by the more cautious. It will tend to make conclusion then a failure to explain why defendants. Sir Murray Stuart Smith, barristers less decisive and therefore less the point had been rejected may lead to unsurprisingly and obviously correctly, useful. It will probably make opinions a conclusion that insufficient or again disagreed. longer and more tediously discursive. It inappropriate weight has been given to will tend to encourage a wait and 'see Where there is conflict of evidence and the point.' what emerges and see what the judge no independent witness, it would be makes of it' approach to litigation. This is common evidential sense and understandable that the police or says nothing new. prosecution service might not have the It will rightly remind practitioners that it Solicitor's role confidence of satisfying the criminal is for privately funded clients, not burden of proof. A vast number of lawyers, to make decisions about The first defendant did not contend running down cases succeed although whether and to what extent they want that reliance on counsel's advice there is no prosecution: they also to risk their money on litigation. exculpated her, and Sir Murray Stuart succeed on occasion when the And it is likely to cause child settlement Smith said that she was right in this. He defendant driver has been acquitted of hearings to be longer and more went on: a criminal charge. detailed and less of a formal rubber 'In my judgement the first defendant's Significance of the Master's stamping than they had previously recommendation to accept £50,000 was approval been. negligent. It flowed from an unjustified rejection or assessment of the evidence It was not contended that the Master's of one witness and the failure to approval meant that it was an abuse of appreciate the weakness of the the process of the Court to challenge Practice points evidence of another witness and a the acceptability of the settlement. failure to appreciate the alternative line That would have been an interesting, if • Before advising that an offer of of argument based upon that second doomed, argument . But it was settlement is accepted, conduct a witnesses evidence. An experienced and contended that the endorsement of detailed and even-handed review of competent personal injury solicitor Master Turner, who had himself been the evidence, and be prepared to ought not to have recommended an experienced personal injury justify the decision later. acceptance of the offer. So a solicitor in practitioner, showed that the advice was • A solicitor will not necessarily the first defendant's position is bound such that a reasonable practitioner escape liability by relying on to take an independent view of the could give. The court rejected this, Sir counsel's advice on settlement Murray Stuart Smith pointing out that evidence, disregarding counsel's advice • The solicitor has a duty to assess several important documents, if necessary.' and advise on the acceptability of an containing evidence relevant to the offer independently. Relevance of funding prospects of success, were not before the Master. He went on: • If a client is privately funded, the The funding position is summarised funding arrangements are irrelevant above. The third defendant noted that 'It is impossible to say what view the to the advice on settlement you legal aid was not available (but not, Master would have taken if he had seen should give. It is for the client to apparently, that it might be in future), these important documents. But in any decide what risks he want to run. and evidently considered it relevant to event a judge or a master approving a Your job is to tell him what you think the acceptability of the offer. How it settlement is greatly influenced by the those risks are. acted on the mind of the first view of solicitors and counsel where, as defendant is not clear from the in this case, they were known to be • Draw no comfort from judgement. The third defendant experienced. I do not think it was at all endorsement of the settlement at a contended before the Court of Appeal surprising that in the space of a child or other approval hearing. It that it was relevant that the case was relatively short appointment Master does not mean that you cannot be privately funded and the parents had Turner failed to spot the fallacious sued for recommending the limited means. Sir Murray Stuart Smith argument for rejecting the approach of settlement. disagreed, saying: one witness or a gross overestimation • This article first appeared in the on the strength of another witness Solicitors Journal 7 Sep 2001 and is '...what the parents wanted was to be account.' reproduced here with the editor's advised on the prospects of success, and kind permission. The Solicitors in particular whether they had This is strange stuff. It strongly implies Journal is a Sweet & Maxwell reasonably good grounds for getting that even if all the relevant material publication. [Article Written by more than £50,000. It was for them to had been before the Master, he could Charles Foster, a barrister practising decide what money they would risk to still have endorsed the settlement. And from 6 Pump Court, Temple, London, achieve it. In any event the claimant if endorsed in those circumstances has EC4Y 7AR] would have been eligible for legal aid no, even evidential, significance because when the regulations were altered as of the weight which will inevitably be November 2001

4 Solicitors Prepare for Sahara mountain trek In Aid of Action Cancer

Local Solicitor Janice McGlone of Adam said "Participating in Donard King & Co and Adam the Trek is a physical and Spence of Donaldson financial challenge for us McConnell & Co are both. We are exercising preparing to embark on daily to build up our the journey of a lifetime. fitness levels and we also In February 2002 they will have a goal of £3,800 to be part of the Action raise. To date the legal Cancer Sahara profession have been Mountain Trek to extremely generous and raise funds for one we have nearly reached of Northern our goal. We are hoping Ireland's leading to hold a pub quiz at the Cancer Charities. end of November, and all are welcome to come Adam and Janice will be two along. There will be advertisements programmes. of 60 hikers who will trek for it in both the Bar Library and together through the rugged Law Club". If you feel you could sponsor or beauty of North Africa. For six support Janice and Adam in any way, days, the group will travel across Money raised from the Trek will go please contact both via their the Anti Atlas mountains, visiting the towards Action Cancer's early respective offices, or send your villages of the Berber People who detection services for men and contribution directly to 48 Hilden inhabit them. women, support services and research Court, Lisburn, BT27 4YN.

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6 Pro Bono Scheme A chance to give something back

It is a year since Mr. Ronnie Appleton 20 hours each year. The response from solicitors has been QC launched the Northern Ireland immense. Over 100 firms of solicitors Lawyers Pro Bono Unit. The Unit is a The cases most likely to meet the have volunteered to participate. The joint venture sponsored by the criteria of the Pro Bono Unit will be formal scheme builds on the well General Council of the Bar of appeals, applications for leave to established commitment to the Northern Ireland and the Law Society appeal, judicial review applications, provision of Pro Bono advice by of Northern Ireland. specific steps in proceedings, tribunal solicitors at local level which has hearings and advisory work. Cases always formed part of the The objective of the Unit is to provide that raise a specific issue of principle professional ethos of solicitors here. Pro Bono free legal advice and or test cases are particularly representation in deserving cases welcomed. Anyone wishing to obtain further where Legal Aid or other funding is information should write in the first not available and where the 91 barristers from across Northern instance to The Northern Ireland Applicant is unable to afford legal Ireland, including 26 QC's, have Lawyers Pro Bono Unit, PO Box 414, assistance. volunteered for this scheme which Royal Courts of Justice, Chichester will formalize and complement a long Street, Belfast, BT1 3JP. Telephone The Unit has been set up as a tradition of barristers individually number: 028 9056 2385 company limited by guarantee and is acting without a fee in deserving registered as a charity cases.

Mr. Appleton QC chairs the Management Committee. It is his view that although lawyers have in the ADVERTISEMENT past often given their services without payment to those with worthy causes, both branches of the legal profession HOW JUST ONE PHONE CALL in Northern Ireland have joined to establish a formal scheme whereby COULD SAVE YOUR PRACTICE those without funding can obtain representation and advice from THOUSANDS OF POUNDS! solicitors, barristers and QC's. As you know, there are many opportunities within technology to save your The scheme was set up in response to practice time and money, but this usually takes your staff time and effort to concerns expressed by lawyers about research and put into place. Time and effort that could be better spent continuing the number of people who slipped the development of your firm. through the Legal Aid net. The Management Committee with Mr. That’s where our range of services has been proven within various practices to be Brian Garrett as Vice-Chairman and both efficient and cost effective. So, before you commit to spending thousands representatives from both the Bar on your practice’s technology systems give Lee Surgeoner a call on 028 9044 Council and Law Society believes that 5100 (or 07776 152318 outside business hours) to arrange a free consultation for the Unit will make a real contribution to tackling specific instances of practical advice on saving your firm time and money! injustice. However, they feel that the scheme is no substitute for a properly funded Legal Aid system which must remain the principal means for assisting those with insufficient means to obtain legal services.

Advice and representation is provided by barristers and solicitors who have volunteered to join the panel and who cover the full range of legal IBM House, 4 Bruce Street, Belfast, BT2 7JD specializations. Each has offered their [email protected] www.harbinson-mulholland.com services free of charge up to 3 days or November 2001

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productivity increase and backlog grew as a consequence, however without such productivity improvements the Letter to Editor backlog position would have been far worse. Dear Sir solicitors on the latest development of Landweb Direct - the internet based However, LRNI being the first rate I refer to Mr John W D Pinkerton's service we are delivering for direct organisation they are, have not simply article in September's Writ which was access to LRNI records. sat on their laurels during this period. his perspective on issues within Registry They have tasked Syntegra with of Deeds (RoD) and the Land Register We are also embarking, within the next helping to introduce new productivity (LR), both registries of Land Registers month, on a full survey of all LRNI tools which will specifically target the of Northern Ireland (LRNI). While his customers into their requirements of backlog over the coming months. I can article had many interesting points the service for the future. This will confirm that a great deal of resource is contained within there were a few provide us with a constructive set of being focused on this issue. areas where the information supplied requirements to help further improve was incomplete. Clarification of these the service LRNI offer to their One such resource is the Landweb areas would allow your readers to be customers. I would strongly Direct internet capability the address of more fully informed of the total recommend that your readers take the which is www.lrni.gov.uk.. This is the picture. time to reply to this very important online system that enables LRNI survey. customers to access electronic Land Relevant Background Information Registry information directly at LRNI Register of Deeds The Land Registers of Northern Ireland premises and will ultimately provide started their computerisation The RoD programme has throughout the following features over the programme back in 1999 with Syntegra sought and gained input from the law internet into their offices: under a Private Finance Initiative (PFI), searcher community, to ensure that as • Direct access to maps and folios; the ensuing partnership programme far as is possible we encapsulate their • An integrated Mapbase, accessible via was branded Landweb. requirements within the overall design. property or map criteria; This includes the ability to print results, The main objective of the • Access to maps from folios, and vice which was delivered in early October. computerisation programme was to versa; Indeed, the overall searching alleviate the difficulties that • On line payment. mechanism is going through an Compulsory First Registration (CFR) acceptance process with law searcher However even now the internet service would introduce while facilitating the representatives to ensure the output is provides a range of Forms, Precedents, Joined Up Government initiative to suitable for their needs We are even Guidelines and a fees calculator. If have all public services online by 2005. planning a further release soon to greater use were made of this This included the conversion of the encompass feedback given to us information store by LRNI customers, Land Registry data into electronic following extensive use of the facilities. this would really help to reduce the format, a considerable undertaking error rates being experienced by LRNI Land Registry involving the conversion of over and would in itself help to alleviate the 400,000 paper folios and to date over The introduction at this point of a few backlog issue. 4,000 maps. statistics will perhaps help your readers Customer Contact to understand the current work In the early part of this year the RoD programme within the LR. Last year As mentioned earlier it is very was also added to the overall certain types of application to LRNI important for LRNI and Syntegra to programme to ensure that we could grew by over 25% in volume from the understand LRNI's customers needs and meet the electronic government previous year, to a new record level. At to receive as much feedback from the targets for 2005. the same time certain types of LRNI customer base as possible. Again Customer Liaison application into the Register by we have a feedback mechanism in solicitors saw error levels in excess of place for this via our website or by Even before the original PFI contract 20%. The timing if this was actually sending email to [email protected]. was signed we actively engaged fortunate as the Landweb programme Additional information about new feedback from a range of LRNI's by the introduction of computerised releases and improvements will be customers via surveys, mailshots and services and new working practices available via the Landweb website: focus groups, to ensure that all parties allowed LRNI to achieve an 18% year www.lrni.gov.uk. had an opportunity to comment on our on year growth in productivity. proposals and to be aware of any I trust that this will clarify the situation impact they may have on them. Indeed, I have to state that from a personal regarding the computerisation much of our original planning changed perspective I find that to be a laudable programme and backlog position to take LRNI customer concerns into achievement at a time of great change. within LRNI, a little more fully than account. We have even presented There are few organisations who can perhaps it has been previously update sessions at 2 of the last 3 Law manage such increases in productivity recorded. Society Annual Conferences. This is a in such a short space of time. Yours sincerely process that continues to this day, Unfortunately the growth of indeed only last month we provided transactions due to an increase in the Craig Apsey information seminars to over 130 housing market outstripped the Syntegra Landweb Programme Director November 2001

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9 WEBWEB WATCHWATCH Busy lawyers in Northern Ireland confidential and unseen by the often find themselves with even other recipients. The newly formed more work to do when they Irish Society for Computers and volunteer to become committee Law works entirely through email members of one or more of the and has yet to send out any many solicitors' interest groups document to a member through regularly featured in The Writ. A the post. Some groups have gone considerable administrative as far as setting up their own Groups (http://groups.yahoo.com). burden often besets these noble email list via a web site. This volunteers particularly those with method of message and document Those who prefer a more passive secretarial responsibilities having distribution is preferred because it use of email might choose to to circulate minutes, draft letters doesn't require the input of subscribe to a closed mailing list. and so on. anyone individual member before This simply provides the subscriber circulation takes place. Instead, with information on a given topic Nowadays, the Internet can do each member is given a username, and there are thousands of these much to reduce this unwelcome password and email address. All lists to choose from. One of the burden. Documents can be sent to emails sent to the address are then largest is Ananova. This offers a all groups members at once in just automatically re-distributed to staggering 2,500 options on email a few seconds by use of the cc or other members. Mailing list hosts subjects. Subscribers to their bcc options in email clients such as as they are called, often charge for email services at Outlook Express. Bcc stands for this service. A few do not however. www.ananova.com can receive blind carbon copy and should be Two of the best free services are news on topics which range from used when the sender wants to provided by Coolist Law and Order in the UK to ideas keep all other addresses used (www.coolist.com) and Yahoo! for Christmas gifts

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All legal work undertaken on an agency basis All communications to clients through instructing By Brian E Doherty solicitors Consultations in Northern MOX PLANT LEGAL CHALLENGE consequently safeguarded human Ireland if required dignity. The directive, promoted to The Irish Government has warned it protect patent and encourage Contact: will challenge the British medical research has been attacked Government by bringing a case as allowing companies to control Seamus Connolly before the European Court if genes and DNA sequences. S.C. Connolly & Co. necessary concerning the UK Solicitors decision to expand nuclear RIGHT TO OFFEND, SHOCK OR processing at Sellafield. DISTURB PROTECTED BY Bank Building or Arran House A decision to approve the opening EUROPEAN HUMAN RIGHTS Hill Street 35/36 Arran Quay of a mixed oxide plant on the site CONVENTION Newry Dublin 7 triggered the Irish Government’s County Down statement. Judge Wildhaber, President of the European Court of Human Rights, at Tel: (01693) 65311 Tel:(003531) 8725622 PROTECTION FOR CONTRACT a University College Dublin lecture Fax: (01693) 62096 Fax:(003531) 8725404 WORKERS indicated that the freedom of expression protected by the The European Court of Justice has Convention was extensive, and ruled that women workers may not allowed the media to be more ADVERTISEMENT be dismissed because they are critical of politicians than private pregnant, and have the same rights individuals. as permanent employees when they REPUBLIC OF IRELAND are on short-term contracts. The Judge, however, also indicated AGENTS that the Court in its decisions had ABORTION PROPOSAL AND been more restricted in relation to TREATY OPT OUT the criticism of members of the judiciary which “had to enjoy public In the face of disagreement from confidence” which required the Labour party the Irish protection “against destructive Government has insisted that its attacks that were essentially proposed constitutional amendment unfounded particularly as “Judges will not require a change in the were subject to a duty of discretion 1992 Maastricht protocol on which prevented them from abortion. replying”. 51/52 Fitzwillian Square, GENE PATENTING PROVED BY COMMISSION DECISION-MAKING Dublin 2, Ireland EUROPEAN COURT ON PEACE FUNDS CRITICISED Tel: (3531) 6619826 Fax: (3531) 6614581 A challenge by the Netherlands to Advocate General Jeane Mischo has the directive on the legal protection opined that the decision-making DX 188. of biotechnological invention which process of the Commission providing E-Mail: [email protected] has been dubbed the “patenting of finance for the peace programme Willing to undertake agency life directive” has been dismissed by was flawed. The funding exercise work on behalf of the court which said that the involved a redistribution of directive provided sufficient Commission allocations which were Solicitors in Northern Ireland protection to prevent the human otherwise available for other Contact AnneMarie body becoming invention and countries expenditure. McCrystal LL.B. (Also admitted N.I. 1991) November 2001

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ADVERTISEMENT LEGAL AID WITH A DIFFERENCE

At the recent launch in Queen's of the latest edition of Brice Dickson's book, "The Legal System of Northern Ireland", 30 copies of the book were donated through the Northern Ireland Voluntary Trust to a range of voluntary and charitable organisations in Northern Ireland. They were a gift from the publishers, SLS Legal Publications, and the Legal Information Forum. The book is a clear and comprehensive guide to all those seeking an explanation of legal terminology and procedures and is aimed at law students and the general public. However, it also provides an invaluable collection of facts and information and will be the first port of call for anyone with a query about the Northern Ireland legal system. Copies (price £25) are available from SLS Legal Publications, School of Law, Queen's University, Belfast BT7 1NN. Tel 028 9033 5224: Fax 028 9032 6308: DX 4330 NR Belfast 34.

Pictured: Lord Justice Campbell (Chairman of SLS Legal Publications). Professor Brice Dickson (Chief Commissioner, Northern Ireland Human Rights Commission), Miriam Dudley (Director of SLS Legal Publications), Linda McAuley (BBC Northern Ireland), Les Allamby (Law Centre(NI)) and Marie Abbott (Programme Manager, Northern Ireland Voluntary Trust) November 2001

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Time for Change

Many solicitors admit being corporate and commercial strangely drawn to this column. matters). Solicitors take on matters which But after reading it and thinking they do not have the resources or 'that nearly happened to me,' No steps are taken to define what expertise to handle. In addition how many actually change the the solicitor will or will not be they fail to keep abreast of case way they work? doing for the client, and no law, statutes or regulations that retainer letter is sent. have a fundamental impact on The important point is not to the area of law that they practice. develop a macabre interest in No record is kept of advice given other people's misfortunes but to to a client. The client then denies A complete lack or organisation learn from their mistakes. The ever having received the correct within the firm, caused by an aim should be to take steps to advice, and says that if he had he absence of systems and avoid falling into the same traps. would have acted differently; procedures. This results in lost files, deeds, wills and documents. Sadly these warnings are not Staff including partners, are not How much time do you and your always heeded. Solicitors are supervised properly and are left to staff waste time looking for such making the same old mistakes their own devices. This results in items? time and again. Here are some the 'rain maker' or maverick common examples: (often left alone because he or All of these scenarios have caused, she 'brings in the money') racking and continue to cause claims. So The final document, be it a lease, up claims and acting at the 'flaky if you recognise them, you need will, witness statement or end of respectability'; to do more than thank your lucky commercial agreement, does not stars that you haven't had a claim. reflect the client's instructions; Work is not delegated in a You need to take action now. structured manner, but is dumped Cheques are drawn for incorrect on other members of staff, amounts, in favour of the wrong normally junior fee earners. This person, or sent to the wrong often results in junior staff being address. given unrealistic workloads and matters outside their expertise. Time limits are not identified or When something goes wrong it is are simply overlooked. of course 'their fault' and the problem is 'solved' by sacking Files are sat on, clients affairs are them. not progressed, resulting in delay, loss and anger.

Important facts or information are not communicated to the client, preventing the client from making an informed decision - 'Had I been told that, I would never have bought the property'.

The client is not correctly identified. (Watch out for this in

This article first appeared in The Gazette 98/32 23 August 2001 and is reproduced here with the Editor’s kind permission. November 2001

14

EMPLOYMENT LAWYERS’ GROUP (NI)

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

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

Lunchtime Seminar Discrimination: A review of the latest caselaw

Speaker: Beverly Jones, of Jones and Cassidy Solicitors Date: Friday, 7 December 2001 Time: 1.00pm (coffee and sandwiches served from 12.30pm) Venue: Law Society Lecture Theatre, Law Society House, Victoria Street, Belfast Cost: Members £3, Non-members £6.

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

Booking Form

Name

Firm

Address

I enclose remittance of £

Notice

Next Meeting: Barry Mulqueen BL will give our next talk on 'Restrictive covenants and confidentiality in contracts of employment' on Friday 8 February 2002, usual time, usual venue. November 2001

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ELG Election Profile of General Incoming Officers Insurance

Orla Murray LLB has been elected Council Chairperson of the Employment Lawyers' Group. Orla is a Senior Legal Assistant in the Departmental Standards Solicitor's Office and specialises in employment, anti-discrimination and human rights law. (GISC) Following a decision of the Competition Commission Appeal Tribunal (CCAT) in relation to appeals against GISC membership by ABTA and The Independent Eamonn McArdle BA, BL, Dip Insurance Brokers group, solicitors Laws(Labour Law), has been elected will not be obliged to join GISC at Honorary present. The Tribunal took the Secretary of the Employment Lawyers' view that GlSC's requirement was Group. A former journalist and trade a restrictive practice. union activist, he practises as a barrister in the Industrial and Fair In their decision the CCAT struck Employment Tribunals. down a rule which would have prevented GISC members dealing with non-GISC members eg June Turkington MA(Cantab)LLM has solicitors, providing general been elected Honarary Treasurer of insurance services. The Employment Lawyers' Group. June is a Solicitor in the Legal Directorate of This decision should be drawn to the Central Services Agency and the attention of any insurance specialises in employment and companies which require solicitors discrimination law within the health with whom they are dealing to be and personal social services sector. members of GISC

Membership Renewal

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

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

Name

Address

Telephone No: (work) E-mail November 2001

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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. BRITISH COUNCIL VISIT Fee splitting by arrangement. Dinner - Hughes & Liddy Belfast Castle Solicitors 20th February 2002 2 Upper Fitzwilliam Street The annual visit from European students to Northern Ireland for a week Dublin 2 long study tour will take place in February next year. The NIYSA will host a dinner at Belfast Castle on Wednesday 20th February. A limited number of places will be available to our members (all solicitors under 36). Tel: (00 3531) 6766763 or (00 3531) 6789701 If you are interested in attending please contact: Fax: (00 3531) 6766702 Nuala Sheeran Mills Selig 21 Arthur Street ADVERTISEMENT Belfast BT1 4GA Employability Tel: 028 9024 3878 Assessment in Personal Injury Claims NIYSA CHRISTMAS DISCO A New Service for Litigation Lawyers O'Neills Bar 4 Joys entry (off high Street) Belfast

Ann Marie McMullan C.Psychol. Friday 14th Chartered Occupational Psychologist

Occupational Psychology Services (N.I.) December 2001 49 Balmoral Avenue Belfast BT9 6NX Tel: (028) 9028 0555 9.00pm - to late The British Psychological Society Regulates Chartered Psychologists (C. Psychol.) Admission £5.00 November 2001

17

Annual Conference ADVERTISEMENT 8th - 10th March 2002 “Why didn’t you Faithlegg, Waterford Joint Conference with SYS tell me?”

We wish to announce that our conference in 2002 will be a joint conference with are words you don’t the Southern Young Solicitors. The conference agenda has yet to be finalised. want to hear The Conference fee will be in line with previous years and will be approximately £140.00. Advise your client about Anyone interested in reserving a place should complete the booking form below. legal costs insurance Numbers are strictly limited and early booking is advised. Indemnis operates a straightforward application process. There are no panel or registration fees Booking Form

8th – 10th March 2002, NIYSA Conference. (Please complete in type or block letters)

Name 11 Donegall Square South, Belfast, BT1 5JE Firm Name Tel: 028 9057 3300 Fax: 028 9057 3311 DX No: 2024 NR Belfast 2 Address Website: www.indemnis.com E-mail: [email protected]

Cost (approx £140.00) ADVERTISEMENT Tel(inc.code) Fax REPUBLIC OF IRELAND e-mail AGENTS I will be sharing with

I wish to book for the NIYSA Annual Conference. I prefer a double/twin room (Please circle your preference). I accept that all payments are non- refundable and that my booking is subject to availability and to written confirmation by the Organisers. The remaining balance shall be payable by me to the NIYSA on request . I shall be responsible directly to the Hotel for any incurred room tab on 15 Lr. Mount Street, check out. Dublin 2. DDE Box 140 Note* We regret that we cannot accept bookings at the Conference Hotel for single rooms or single nights. All bookings must be made through NIYSA. Tel. No. (353-1) 6761100 Fax. No. (353-1) 6761630 Please tick if vegetarian E-Mail: [email protected]

ALL LEGAL WORK UNDERTAKEN ON Signed Date AN AGENCY BASIS FEE SPLITTING BY ARRANGEMENT Please return completed booking form and £40.00 deposit cheque in an CONTACT: envelope marked "NIYSA Conference" to: Nessa Agnew, Vice-Chairman, FINBARR J CROWLEY BCL NIYSA, c/o Joint Legal Services, SEELB, Block 1, Grahamsbridge Road, Belfast BT16 2HS JOHN W CARROLL B.COMM BCL November 2001

18

example). Late notification may bar a unable to pay due to insolvency, the claim, unless the employer accepts that Inland Revenue may pay in its place. there are good reasons for the delay. Either party can appeal against the The employer cannot set very decision, in writing and with reasons, strenuous tests for an employee to within thirty days of notification of the notify the employer of sickness. For original determination. The Inland example, the employer cannot ask that Revenue will seek to settle the appeal the employee report in person, or more with the consent of the parties, and than once a week, or on a particular will encourage the parties to reach an printed form. After seven days, an agreement but, failing that, the employer may well ask for a medical commissioners will determine the certificate, and it is up to the employer matter. Normally general whether or not to accept whatever commissioners hear the appeals, but medical evidence the employee the appellant can ask that the special provides. An employer who does not commissioners, who will be legally accept an employee’s medical evidence qualified adjudicators rather than lay may try to obtain her/his own medical STATUTORY SICK PAY - persons assisted by a clerk, hear the evidence, or failing that can ask the appeal. Although they usually sit in Inland Revenue Medical Service to REMEDIES FOR NON- Belfast, it is possible to apply to the perform an examination. If the clerk for a hearing to be held locally if PAYMENT employer decides the employee is not there is a serious illness or disability. eligible, the employee may want to Statutory Sick Pay (SSP) is something of challenge this decision. In this case, or Further appeals from this decision will a misnomer. While it may be regulated when the employer simply refuses be on purely legal points, and should by statute, the primary obligation to outright to pay SSP, there are remedies be made to the High Court. The time pay lies with the employer rather than for non-payment. limits for lodging such an appeal with any government agency. The against a decision by the general current rate payable is £62.20 per Challenging a Statutory Sick commissioners is 30 days from the day week, calculated on a daily basis. It is Pay decision - the Inland the employee was told of the decision, payable for a maximum period of 28 Revenue rather than the date when written weeks. notice arrived. In an appeal against a It is a comparatively little known fact decision of the special commissioners, it To qualify for SSP, the person claiming that to force payment of SSP, or to is 56 days. There is a fee for lodging must be an employee, and be appeal a decision not to grant SSP, an such an appeal, so it is advisable that incapable of working for a period of employee can involve the Inland anyone wishing to appeal get some four or more consecutive days. After a Revenue. Where payment has been sort of legal advice before doing so. claim, the SSP can be backdated to the refused, employees should receive an start of the period of illness, except for SSP1 form from their employer stating The employer should pay SSP on the the first three days. These are known the reasons for this. The employee first payday after the notification of as waiting days. It is only on the fourth should complete the rest of the form, the final decision, or refusal of leave to consecutive day of illness that an and submit it to the local DHSS office appeal, or the expiry of the time limit employee qualifies for SSP. Separate and/or the Inland Revenue National for appeal. If an employer has periods of incapacity which are less Insurance contributions office, which dismissed an employee solely or mainly than eight weeks apart may be treated decide on entitlement. If the employer to avoid having to pay SSP, the as one period, which removes the need refuses to give out a copy of the SSP1 employer remains liable to pay for the for a second three day waiting period. form, the employee can apply in full length of entitlement, or until the Employee is given the usual meaning, writing, passing on any reasons which contract of employment would have as is incapable of work. It should be the employer has given for refusing to ended naturally. noted that employees earning less than provide SSP and specifying the period the lower earnings limit of £72.00 are for which entitlement is at issue. This Alternative route - unlawful not eligible for SSP, nor are employees should be done within six months of deduction from wages who have less than three months the earliest date for which SSP Under the Employment Rights service. This can cause problems where payment is in dispute. (Northern Ireland) Order 1996, wages an employer disputes the length or The Inland Revenue may ask for further are given a wide definition. Article nature of the employment, although a information from either employer or 59(1)(b) specifically includes SSP within term of the contract which expressly or employee before deciding the claim, that definition, so that a failure to pay implicitly seeks to rule out SSP will and may attempt to negotiate a SSP qualifies as an unauthorised clearly be illegal. settlement between them. Failing that, deduction from wages. An employee To make a claim, employees must first it will issue a decision. Such a decision could therefore go to the industrial inform their employer that they are is legally binding. Should an employer tribunal within three months of the sick and incapable of work, either in continue to refuse payment, the Inland last non-payment. The tribunal, if it writing within seven days, or by any Revenue may pay the employee finds in favour of the employee, should method set by their employer (whether instead, and will almost certainly take make an order for payment of the full in the contract of employment or action against the employer for that amount, or such amount as the under a collective agreement, for refusal. Equally, should an employer be Tribunal finds to be unjustly deducted November 2001

19

(Article 56 and 57, ER (NI) O 1996). ADVERTISEMENT It is also possible to argue that the non-payment is a breach of the employment contract, being a condition of the contract implied by statute. If the employee is still employed, the remedy for breach of contract would be in the County Court. HIGH NET WORTH HOME INSURANCE With the limits of small claims actions now being £2,000, this avenue may in For building over £150,000 & contents over £100,000 we individually practice prove to be a quicker remedy underwrite every case, hence we tailor the policy precisely for you. than an industrial tribunal. The risks of Subsequent rates are the most competitive on the market. a possible counter claim by an employer and of losing the court fee Key Distinguishing Features. however means that taking a claim for • World-wide All risk cover for your contents unlawful deduction of wages in the • New for Old an all contents including clothing tribunal is the safer route. • Specialist cover for antique collections, fine art and jewellery Unfair dismissal • No onerous jewellery and alarm conditions It should be noted that employees who • Annual Travel with personal accident cover have been continuously employed for a • A guarantee to pay interest on any claim over ££2,500 not paid to you by us period of one month do not require within 4 working days of your signed agreement form the normal period of service of one • Reassurance you will not be penalised in the event of a claim if sums year to claim unfair dismissal if they insured are unintentionally inadequate are dismissed for assertion of a • World-wide cover for business equipment statutory right. Thus employees who • Liability for charity events held at the insured premises either are dismissed because the • Interest free direct debit facility employer has infringed the right of the employees not to suffer unlawful Ring Tanya or Graham on 028 9042 5125 deductions from wages or are dismissed for bringing proceedings 142 High Street, Holywood, Co Down, BT18 9H5 employees are dismissed for bringing Fax: 028 9042 5126 Email: [email protected] proceedings for enforcing the right could claim unfair dismissal if employed for more than one month. It ADVERTISEMENT should be noted that such an employee could claim unfair dismissal regardless of whether or not s/he actually has the Law Society (NI) right or whether or not the right has actually been infringed as long as s/he Financial Advice Ltd acted in good faith. To be protected, the employee does not actually have to Regulated by the Financial Services Authority specify the right, it is sufficient if s/he made it reasonably clear to the employer what the right claimed to WHATSWHATS ON ON OFFER? OFFER? have been infringed was. (See Article 135 of the Employment Rights (NI) • 100% Mortgage for Professionals (Purchase Only) + Order 1996). • Free Basic Valuation Conclusion • No penalties, no arrangement fee and NO MORTGAGE INDEMNITY GUARANTEE PREMIUM* SSP lies somewhere between true benefit and contractual right, hence (• Mortgage indemnity to be repaid if loan redeemed within first 3 years) these overlapping means of enforcement. While a lawyer's first HOW DO I FIND OUT MORE? instinct may be to go to the industrial HOW DO I FIND OUT MORE? tribunal or Small Claims Court, there is Contact Adrian Arnold or Kirsty Maguire for further details on a way to avoid these in favour of the 028 9023 0696 less adversarial Inland Revenue route. +The Financial Services Authority does not regulate mortgages

Helen O'Hara, Intern Your home is at risk if you do not keep up repayments on a mortgage or Law Centre (NI) Western Area Office other loan secured on it. Be sure you can afford the repayments before Employment Unit entering into a credit agreement. November 2001

20

staff." If that means from the start of 1999 then that is 140 rejections per The Land Registries - month but if it means from the end of that year then it is a more staggering 217 per month. Either way, the time What we can do to help spent by staff rejecting these applications has cost the Registry some £71,730. There could not be too many solicitors • No registration details on statutory who have not been affected by the declaration "To err is human" and even the downturn in the performance of both • No date of instrument Registries would agree that it would the Land Registry and the Registry of be impossible to eradicate mistakes The remaining 14% of rejections is Deeds as a result of their major IT entirely. However, by spending a little largely attributable to bad initiatives and the timing of the more time (for which we should be administration and includes the introduction of CFR. However, if the charging appropriately) in the following:- further roll-out of CFR and the preparation, execution and dating of introduction of the Ground Rents Act • Wrong fee deeds and in the preparation of can be delayed until the Registries • Cheque not signed/not enclosed memorials and in checking that the have been properly resourced and are • Form 2 not enclosed application form is properly filled in able to cope then we should hopefully and that the correct fee is enclosed, There is, in my opinion, a direct see a marked improvement in life would be considerably less fraught correlation between the amount performance. Things are already for both practitioners and the charged for conveyancing and the rate beginning to look up in the Registry of Registries. of rejection of applications for Deeds. registration. If you:- John W. D. Pinkerton Not all the blame for poor • do your conveyancing at the gallop Chairman performance can be laid at the door of because you have charged a fee Non-Contentious Business Committee the Registries, however, and it has that is totally uneconomic; or been publicly acknowledged by the • employ an unqualified person who Law Society that there is a significant may well be highly intelligent and element of "contrib." on the part of enthusiastic but who none the less the solicitors' profession. This should does not have the skill or not come as a great surprise to anyone experience to do the job properly as this topic has been covered before and you do not devote any time to LIFE SENTENCE in these pages on more than one training or supervising that person; occasion. It is therefore distressing to or (NORTHERN learn that, despite exhortations in this • you do not have the necessary skill journal, some 12 to 15% of IRELAND) ORDER or knowledge yourself to do the applications to the Registry of Deeds job, then mistakes are bound to (approximately one in every seven) are 2001 happen. Also, if you are a solicitor still being rejected. The cost to the specialising exclusively in litigation profession in terms of loss of priority, The Northern Ireland Prison and you do the occasional extra work, frustration, etc is difficult Service, Legislation Branch, have conveyance, either as a favour to to quantify but it must be produced a useful guide to the an existing client or because you considerable. Life Sentence (Northern Ireland) feel you cannot let any work Order 2001. This is being made The largest proportion of errors (86%) escape your grasp, then not only available to current life sentence in the Registry of Deeds is due to are you more likely to clog up the prisoners and other interested sloppy conveyancing and lack of system with duff deeds and duff parties. control and includes the following applications but you are also reasons for rejection:- stacking up trouble ahead for Copies can be obtained from the yourself. Unfortunately the maxim • Memorial not in correct format Prison Legislation branch "horses for courses" does not • Grantor/Grantee not specified Northern Ireland Prison Service always apply because the low cost, • County or City not specified Headquarters high volume "conveyancing mill" • Date of satisfaction missing Dundonald House firms are just as likely to generate • Parties/Description on the Deed and Upper Newtownards Road mistakes due to lack of solicitor Memorial do not agree. Belfast involvement. • Mortgages already vacated BT4 3SU - • Assignment Deed not lodged I do not have an up-to-date • Date on Deed does not agree with breakdown of the sort of errors Tel: 028 90 522922 memorial experienced by the Land Registry but I fax 028 90 525824 • Surrender and release requires a am sure it is safe to say that they memorial follow a similar pattern to the Registry E-mail: • Memorial says release but it relates of Deeds. According to the Land [email protected]. to a new mortgage Registry, "since 1999, 4,782 • No memorial enclosed applications have been rejected by L R November 2001

21

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22

Missing Wills

RE: Mr. Cecil Ellis, Deceased RE: Walter Campbell Deceased RE: MARGARET GERTRUDE WRIGHT, Late of 34 Ulsterville Grove Late of 10 Princess Way, Carrickfergus, DECEASED Portadown County Antrim Late of 61 Carland Road, Dungannon, County Armagh Would any person having knowledge County Tyrone Deceased: 10th August 2001 of the whereabouts of the Will of the Would any person having knowledge Would any solicitor who is aware of a above named deceased please contact of the whereabouts of any Will of the Will made by the above named Stephen Perrott & Company above named deceased dated after 2nd deceased, please contact Conor Solicitors August 1996 please contact Downey, Bogue & McNulty, Solicitors of 49c High Street, Holywood Crooke McAlister Solicitors Unit 8 First Floor, Legahory Centre, Co. Down 70 Holywood Road, Belfast, BT4 1NT Craigavon, BT65 5BE. Tel: 028 9042 8330 Telephone number: 028 9047 3673 Fax: 028 9042 8306 Tel:028 3834 9911 Fax number: 028 9047 3419 Fax: 028 3834 9920

RE: Albert Ernest Baxter Savage Deceased Land Certificate Late of 9D Kilbroney House, Greenway, RE: Gerard McCabe Deceased late of 79 Belfast Moneyslane Road Ballyward Folio No 11 Castlewellan Co Down Would any person having knowledge County down of the whereabouts of the Will of the Would any person having knowledge Registered owner - Teresa Lively above named deceased please contact of the whereabouts of the Will of the Land of Croan Stephen Perrott & Company above named Deceased Solicitors TAKE NOTICE that any person having Please Contact:- 49c High Street, Holywood custody of or information as to the Co. Down whereabouts of the Land Certificate Colman R Hanna Tel: 028 9042 8330 relating to the above mentioned Folio Solicitors Fax: 028 9042 8306 should forthwith produce said 11 Causeway Road Certificate or communicate such NEWCASTLE information to the undermentioned Co Down Solicitors. BT33 0DL RE: James Wilson Louden Savage AND TAKE FURTHER NOTICE that Tel: 028 4372 3232 Deceased unless the said Land Certificate is so Fax: 028 4372 3352 Late of 84 Coleraine Road, Maghera produced or adequate information as County Londonderry to its whereabouts is so communicated Would any person having knowledge within three weeks of publication of of the whereabouts of the Will of the this notice, a duplicate Land Certificate above named deceased please contact may be applied for. RE: Archibald McKay Deceased Stephen Perrott & Company Fisher & Fisher Late of 238 Shore Road, Belfast, Solicitors Solicitors formerly of 3 Ventry Street, Belfast, 49c High Street, Holywood 9 John Mitchel Place, Newry, County previously of 35 Oxford Street, Belfast, Co. Down Down BT34 2BS and with an address at 203/205 Torr Tel: 028 9042 8330 Road, Cushendun, Co. Antrim. Fax: 028 9042 8306 Would any person having knowledge of the whereabouts of a Will of the Estate of Patrick Joseph Matthews above -named deceased please contact Deceased RE: John Cochrane Moon Deceased Napier & Sons Date of Death - 21st August 2001 Late of 17 Windy Hill Road, Limavady. Solicitors Take notice that any person having 1/9 Castle Arcade Would any person having knowledge custody of or information as to the Belfast of the whereabouts of a Will of the whereabouts of the title documents BT1 5DF above named person please contact: relating to property at Tel: 02890 244602 8 Cottage Road, Clontigora Newry F. J. Orr & Co (Norman Scott) Co Down Fax: 02890 330330 Solicitors of 14 Montgomery Street Belfast Please contact Ciaran BT1 4QT Rafferty Solicitors of 98 Hill Street, Newry, Co Down BT34 1BT Telephone No: (028) 9023 0101 Fax No: (028) 9023 3021 Tel: 028 3026 1102 Fax: 028 3026 0757 November 2001

23

ADVERTISEMENT SOLICITORS REQUIRED

ASSISTANT SOLICITOR Mainly Matrimonial/Personal Injury Litigation May suit part-time applicant with suitable experience. Excellent terms and conditions of employment in superb office in listed rectory building apply with full CV To The Principal John McLaughlin & Co. "The Rectory", 2 St Judes Avenue, Belfast BT7 2GZ

Caruth & Bamber Solicitors Ballymena Solicitors required for general practice. Ideal candidate should have 2 years PQE. Please apply in writing enclosing “Tie it all together with a PhiBeta system” full CV to Caruth & Bamber, Solicitors, 80 Broughshane Street, Ballymena, BT43 6ED

Solicitor Required PhiBeta Business Systems Ltd Experience in Litigation Essential 43 Rosetta Road, Belfast BT6 0LR Full Time/Part-Time Position Telephone: 028 9049 1336 Fax: 028 9064 0753 Apply in writing with full C.V. To E.J. Lavery & Company Solicitors ADVERTISEMENT 1 Hightown Road, Glengormley Co Antrim BT36 7TZ

Richard Monteith LL.B Belfast City Council Solicitors required in Litigation and Conveyancing departments, together Legal Services Dept with general practice. Outstanding prospects for suitable LEGAL ASSISTANT candidates. Apply with C.V. to: CONVEYANCING & CONTRACTS 32/34 Portmore Street PORTADOWN B62 3NG (Locum cover for a period of up to six months) Applicants must, at 17th December 2001:

Title Deed • be solicitors entitled to practice in N.I • have experience in conveyancing and/or contract work

RE: ESTATE OF THOMAS CURRIE late of The Council reserves the right to invite for interview only 51 Rathfriland Street, Banbridge, those applicants who appear best able to satisfy the requirements County Down (Deceased) of the post. Obit. - 3rd January 1964 Would any person having knowledge Application forms, job descriptions and conditions of employment of the whereabouts of Title Documents may be obtained from the Human Resources Section, The Cecil for the property situated at 51 Ward Building, 4-10 Linenhall Street, Belfast BT2 8BP. Rathfriland Street, Banbridge, County Down, owned by the above named at Completed application forms must be returned no later than 4pm the date of death, please contact Fisher 17th December 2001. & Fisher, Solicitors, 1 Newry Street, RATHFRILAND, County Down, BT34 5PY November 2001

24

New Books in the Library

1) Gumpert: Trading standards; law and practice. Jordans. 2001

2) O’Hood Phillips & Jackson: Constitutional and administrative law. 8th ed. Sweet & Maxwell. 2001

3) Dane & Thomas: How to use a SELECT SITES law library; an introduction to legal skills. 4th ed. Sweet & PROFESSIONAL BODIES Maxwell. 2001

The Law Society of Northern Ireland 4) Walton: Charlesworth & Percy http://www.lawsoc-ni.org on negligence. 10th ed. Sweet & The home page for this site provides browsers with brief details of the work of Maxwell. 2001 the Law Society of Northern Ireland. It allows access to a number of MacDonald: Tolley’s managing e- downloadable information leaflets aimed at members of the public. A search mail and internet use. Tolleys. facility offers the opportunity to focus on particular areas of interest, with hits 2001 sorted either by date or by score. An archive of The Writ from March 2000 is a useful feature for the public and practitioner alike. In addition, a comprehensive list of links is a good starting point for those interested in legal research The Bar Library http://www.barlibrary.com/ The Bar Library provides traditional "library facilities" as well as being the working environment for almost 500 barristers and must cater for all their office and ancillary requirements. The website explains the role of the barrister as well as providing access to the Bar Directory. It also has quite a vast list of links for news groups, search engines and a list of web addresses for caselaw, E-MAIL DIRECTORY government departments and journals. 4TH EDITION The Law Society of Ireland http://www.lawsociety.ie/ We are now producing a new edition of the directory which This site provides an overview of the work of the Law Society and of the legal costs £5 and would be grateful if profession in Ireland. This easy to navigate site has information on the work of you could let us know whether the Council and committees, a list of personnel contact names, information on your e-mail address has changed. member services and how to qualify as a solicitor in Ireland. It also has access to The Gazette, the journal of the Law Society from 1999 to the present day. The invitation still stands for any The Links page is also worth looking at, as it provides an extensive guide to new contributors - in return for useful Internet sites of interest to legal practitioners. giving us your address we will The International Bar Association send you your first copy free. http://www.ibanet.org/ The International Bar Association is the world's largest international organisation of Law Societies, Bar Associations and individual lawyers engaged Law Society Library Email: in international practice. The site has extensive information for the practitioner, although some information is password protected. [email protected] Certain issues of International Bar News, the journal of the IBA are available on the site as well as a list of recent press releases and new publications some of which can be downloaded free of charge. There is also a “Reading Room” Copy deadline for December which allows the user to search for specific publications by author, title or Friday 7th December 2001 keyword. The Law Society of Scotland http://www.lawscot.org.uk/ Published by the Law Society of Northern Ireland The Law Society of Scotland website provides a useful facility for members of 98 Victoria St. Belfast, BT1 3GN the public to search for any of the 8422 practicing solicitors based in any of the Editor John Bailie 2237 firms in Scotland. For the solicitor, commonly used practice rules are The views expressed are not available for downloading and printing. Another useful feature is a link to up necessarily those of the Law Society to the minute information on computer viruses from an anti-virus company. of Northern Ireland

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