J OURNAL OF THE L AW S OCIETY OFN ORTHERNI RELAND · PDF filethe writ j ournal of thel aw s...

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WHOCARES?SUPPORT FOR LAWYERS UNDER PRESSURE

What is LawCare?LawCare, a charity, was founded 7 yearsago after a working party made up ofsolicitors found reason to be concernedabout the damage caused to lives,practices and the profession byalcoholism among lawyers. Since thattime, it has expanded its services tocover stress, depression, drug abuseand eating disorders. It is currentlyadding materials to cover debts issuesas well. It is run by an Executive staff,under the guidance of a Board ofTrustees, and its primary funding comesfrom the Law Societies of England andWales and Scotland, the Bar Council,the Institute of Legal Executives (ILEX)and the Department of ConstitutionalAffairs. Now, thanks to an initiative takenby this year’s President of the Society,Attracta Wilson, the help and assistancethat LawCare offers to lawyers has beenextended to solicitors in Northern Ireland

Despite being funded by these variousbodies, LawCare remains completelyindependent of them and provides totallyconfidential advice and support not onlyto practitioners, but also their immediatefamilies and, where appropriate, theirstaff, who may be impaired by a widerange of health issues includingaddiction, stress and depression.

VolunteersOver 120 volunteers, almost all of whomhave experienced and recovered fromhealth problems such as depression oraddiction currently provide assistance.Some also have counselling expertise.They offer their services free andregularly prove a godsend to sufferinglawyers. Their help is invaluable, asnothing is more reassuring for someonewith a problem than to talk to someoneelse who has experienced and survivedthe same situation. LawCare is nowseeking volunteers from NorthernIreland, so if you have personalexperience (either through your ownproblems or though assisting a lovedone or friend) and would be prepared to

help other lawyers going through asimilar problem, please get in touch withLawCare (ring the administration number- 0870 774 3663).

Stress and addictionStress has become an increasingproblem in the profession in recentyears, causing personal suffering andsometimes leading on to alcohol andsubstance abuse. 80% of those callingLawCare with an alcohol abuse problemattribute their starting to drink to excessas a reaction to workplace stress.Alcohol is a mood altering substanceand a quick “fix” to overcome the effectsof a lousy, stress ridden day – theproblem is that what goes up mustcome down, and, in time, more andmore alcohol is required to get that “up”sensation in the first place.

Excessive stress, maintained over a longperiod, will almost invariably lead toserious health problems including:

• mental illness, such as depression,paranoia and obsessivecompulsive disorder

• physical illness, caused by aweakening of the immune system

• heart disease (which is a majorconsequence of stress and is thebiggest killer in the UK, killing morepeople than all the cancers, AIDS,murders and accidents combined)

• high blood pressure, excessivesmoking or drinking (sometimeresulting in addiction problems) andpoor diet (55% of men claim tocomfort eat due to stress), which alllead to further health problems

LawCare offers a unique support andassistance service tailored specifically forlawyers. One client, now a LawCarevolunteer, commented that although hehad spoken to alcohol advisory servicesand drugs counsellors, it was only whenhe called LawCare that he was able tobring together all his problems - hisaddictions and his practice difficulties -

and see them in their proper context.That call and the support he received,he said, marked the beginning ofhis recovery.

The LawCare experienceMany callers speak, in moving detail,about the problems they perceive to becausing their stress. Often this is sheerworkload, but bullying, lack of support,affirmation or appropriate training is alsoleading to considerable distress. Manyfirms seem to be extremely poor atcaring for their staff - this is an issuethat clearly needs to be addressed.Among the worst cases advised wasthat of a firm which refused to allow sickleave, threatening to sack the lawyerwho had been diagnosed with severedepression. Another firm insisted anassistant work in a department forwhich she had no training or experienceand refused to provide any books,training courses or support. A third callrevealed a firm that placed CCTV in theoffice of each assistant so that thepartners could watch what they weredoing. Yet another involved a firm thathad entered into a merger - the first thatthe staff knew was 2 weeks before ithappened, when they were told thatthey were “out of a job”. That anyonecan be treated in this way, in the 21stcentury, is quite staggering and for it tobe happening in law firms, where thosein overall control are purportedlyeducated and intelligent people, istotally reprehensible.

At least practitioners no longer have tostruggle on alone. LawCare is there toprovide totally confidential support.LawCare’s freephone helpline numberis: 0800 279 6888 (9am – 7.30pm,Monday to Friday and 10am – 4pmweekends) or for information, log on to:www.lawcare.org.uk

The LawCare motto is “Lawyershelping lawyers”, so please do nothesitate to ask for help whenever youfeel the need.

LawCare Health support and advice for lawyers

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A U G U S T 2 0 0 5 J O U R N A L O F T H E L S N I 3

FREEDOM OF INFORMATION Official figures reveal that 1141 requestswere made in Northern Ireland under theFreedom of Information Act 2000 duringthe first quarter of the legislation’soperation. The figures also show-

89% of completed requests met thedeadline of 20 working days;

86% of completed requests forinformation were granted in full; and

Only 5% of completed requests forinformation have been withheld in full.

The Information Commissioner, RichardThomas, who acts as an independent‘watchdog’, will monitor how well publicauthorities perform their FoI obligations.He has enforcement powers and hismission is to promote public accessto official information and to protectpersonal information.Further information is available at:www.informationcommissioner.gov.uk

NEW CRIMINAL JUSTICEWEBSITE

A new website (www.cjsni.gov.uk) hasrecently been launched for the CriminalJustice System Northern Ireland (CJSNI).It provides tailored, system-wideinformation for all categories of userincluding victims, witnesses, defendants,offenders, jurors, young people andguardians of young people. The CJSNI is made up of seven mainstatutory organisations: the NorthernIreland Court Service, the NorthernIreland Office, the Northern IrelandPrison Service, the Probation Board forNorthern Ireland, the Police Service ofNorthern Ireland, the Public ProsecutionService and the Youth Justice Agency.

ANDREW MCFARLANEAndrew McFarlane QC whose invaluableChildren Order case law updates havebeen a regular feature of local family lawconferences and seminars, has been

appointed as a judge of the FamilyDivision of the High Court of England &Wales. He is the author of Children Law& Practice.

HUMAN FERTILISATION &EMBRYOLOGY AUTHORITY

In Quintavalle v HFEA (2005) UKHL 28,the House of Lords has held that theHFEA had power to licence the processof the creation of designer babies -human leukocyte antigen (HLA) typing.The case involved a family who wantedto conceive an IVF baby who couldprovide stem cells to help treat an oldersick sibling who was suffering from agenetic disorder.

TOBACCO LITIGATIONIn the Court of Session, Edinburgh, awidow whose husband died of lungcancer has lost a landmark court caseagainst tobacco manufacturers, Imperial

Tobacco Ltd. In the first case of its kindin the UK, the Court ruled that thetobacco manufacturer could not beblamed for the 1993 death of AlfredMcTear, who smoked 60 cigarettes aday. His widow, Margaret, had battledwith the tobacco giants for over 12years, claiming that when her husbandstarted smoking in 1964 he wasunaware of the health risks and heavilyinfluenced by advertising that portrayedthe habit as ‘glamorous’.

ECJ RULES ON TUPEThe European Court of Justice hasdecided in the case of Celetec Ltd vAstley & Others (Case C-478/03) that aTUPE transfer occurs at the specificpoint of time when an employer’sresponsibility for the business movesfrom him to the transferee and that itcannot take place over a period of timeat the will of the parties.

News in Brief


Presidential update on Society Committees

When she took up her role as LawSociety President for 2004/2005,Attracta Wilson was keen to introducethe various Committees of the Societyand their work to the profession.In this article she focuses on theseveral Committees comprising theProfessional Practice section of theSociety’s Secretariat, namely theProfessional Ethics and Guidance, theProfessional Indemnity Insurance/RiskManagement, the Financial Servicesand the Home Charter Committees,chaired respectively by Paddy Kinney,Donald Eakin, Barry Finlay and BrianWalker and for which Suzanne Bryson,Deputy Secretary, provides support.

These Committees set accounts andpractice standards for the profession bydrafting and reviewing Regulations. Theyalso receive reports from the Society’smonitoring teams - our two Accountants,Sandra Breen and Martin McAlinden, andthe Home Charter monitor, SeamusMadine - and through these have a pro-active role in monitoring practices whichcause the Society concern.

The guidance role of the ProfessionalEthics and Guidance Committee is

particularly important in promotingcompliance and good practice, includingtaking steps to assist solicitors whoclearly have management or financialdifficulties. This work is handled sensitivelyand confidentially. However when thisfails, very often because the solicitorsconcerned regretfully do not take theirguidance, that Committee is also chargedwith the management of interventionsinto solicitors’ practices and anyattendant litigation; handlingCompensation Fund claims arising inrespect of missing funds and dealing withrecoveries from assets. The Committeewill always prefer to judge its effectivenessby the number of practices helped, notclosed but it will always be rigorous in itsprotection of the public.

The Professional Ethics and GuidanceCommittee has recently issued aGuidance note on succession for solepractitioners; has been involved with theInstitute of Legal Cashiers andAccountants (ILCA) in training forsolicitors’ bookkeeping staff; is reviewingthe Regulations on IncorporatedPractices to produce up to dateregulations reflecting the partnershipoption for solicitors made available

under the Limited Liability Partnership(NI) Order, and has a Regulatory ReviewSub-Committee carrying out a review ofthe effectiveness and structure of theSociety’s monitoring procedures.The Committee, through the DeputySecretary, also handles queries from(and occasional disagreements between)firms of solicitors, queries from non-client professionals (particularly inrelation to outstanding fees) andbreaches of the Practice Regulationsgenerally. There is a high success ratein the resolution of difficulties of thisnature. Where appropriate, enforcementaction by way of prosecution throughthe Solicitors Disciplinary Tribunal canbe recommended.

The Professional Indemnity Insurance/Risk Management Committee has thetask of managing the Master Policyarrangements in conjunction with ourbrokers. The Committee makes policyrecommendations to the Council on theloadings and ratings and premiumcontribution regimes, taking into accountperiodically the statistics which illustratethe claims experience and the financialbasis of the policy. The Committee,through the Chairman and the Deputy

Professional Ethics & Guidance Committee from L to R: John Cross, Sandra Breen, Barry Finlay, Adam Curry, PaddyKinney (Chair), Suzanne Bryson, Martin McAlinden and Alastair Rankin.(Hugh Edgar, Ian Jefferson, Mary O’Neill, Colin Gowdy and Ray Segal– not present)

Financial Services Committee Back Row from L to R: John Ross, Alastair Rankin, Sandra Breen,Martin McAlinden Front Row from L to R: Suzanne Bryson, Barry Finlay(Chair) and Anne Dickson. (Donald Eakin and Brian Walker – not present)


Secretary, has over the years built up apositive interface with the Society’s variousunderwriters and the London insurancemarket as a whole. This includes anannual visit, in which the President waspleased to participate, in meeting withrepresentatives of the London insurancemarket and to visit Lloyds. The Committeeis extremely active in promoting riskmanagement, believing that this is the onlyway in which insurance premiums can bekept at a reasonable level. Good riskmanagement also assists in the smoothrunning of all practices. For that reasonthe Committee also promotes the LEXCELquality standard and has introduceddiscount premiums for firms with that andother quality standards. It keeps anongoing overview of the ProfessionalIndemnity Insurance market globally and isconfident that the premium contributionspayable by member firms in NorthernIreland compares favourably with thosebeing required of firms elsewhere in theUnited Kingdom. The Committee has justfinished an in-depth involvement with theinsurance renewal process beingundertaken by our brokers in the Londonmarket and is confident that a minimalpremium increase has been achieved forthe forthcoming year.

The Financial Services Committee istasked with ongoing liaison with theFinancial Services Authority infurtherance of the Society’s role as adesignated professional body under theFinancial Services and Markets Act2000. This is a particularly demandingrole requiring us to satisfy therequirements of a parallel regulator.During the last year the Committee wasinvolved in considerable discussion withthe Financial Services Authority on theFinancial Services Regulations 2004,which implemented the FSA regime oninsurance mediation activities andmortgage regulation. The Committee hasalso initiated and overseen thedevelopment of the Society’s InformationPack on Money Laundering andorganised related seminars to theprofession. They are maintaining awatching brief on the progress of theThird Money Laundering Directivethrough the European Parliament.The Committee also, through ouraccountancy monitors, satisfies theInsolvency Service of the Departmentof Enterprise, Trade and Investment(DETI) on the monitoring andperformance of the small number ofsolicitor Insolvency Practitioners.

Finally, the Home Charter Committeemonitors the operation of our uniqueHome Charter Scheme. It receivesreports from the Monitoring Officer,Seamus Madine, and is pleased with thesignificantly positive levels of complianceacross the profession as a whole.The Committee reviews the developmentof the Scheme on an ongoing basis andfrom time to time produces PracticeDirections as to its operation.The Committee is currently consideringthe production of updated FeeQuotations forms to take account ofStamp Duty Land Tax (SDLT) andCompulsory First Registration (CFR).It is also liasing with the Non-Contentious Business Committee ondraft Enquiries before Contract incommercial matters, on difficultiescause by SDLT and on overcomingdifficulties with Completion Certificatesand Guarantees.

These hardworking and activeCommittees contain a mix of Councilmembers, co-opted members and,in the case of the Financial Services andHome Charter Committees, our greatlyappreciated lay members.

Professional Indemnity/Risk Management Committee from L to R: Ian Jefferson, Alan Reilly, Rory McShane, Gary Thompson(Marsh), Peter Kelly (Marsh), Ray Segal, Tom McGrath (Marsh), SuzanneBryson, Donald Eakin (Chair) and Alan Hewitt. (James Cooper, Barry Finlayand John Pinkerton – not present)

Home Charter Committeefrom L to R: Suzanne Bryson, Eric McKinley, Imelda McMillan, Peter Reid,Brian Walker (Chair), Anne Dickson, John Pinkerton, Richard Palmer andSimon Murray.


New arrangements for prosecution and defencedisclosure in criminal proceedingsPart 5 of the Criminal Justice Act 2003made significant changes to theCriminal Procedure and InvestigationsAct 1996 (CPIA) creating newlegislative arrangements forprosecution and defence disclosurein criminal proceedings.

As a consequence a new Code ofPractice for Northern Ireland, whichprescribes the manner in which policeofficers must record, retain and revealrelevant material to the prosecutor fordisclosure purposes has now beenmade under the CPIA.

The Criminal Procedure and InvestigationsAct 1996 (Code of Practice) Order 2005was approved by the House of Lords on7 July 2005 and the House of Commonson 12 July 2005.

The changes to CPIA and theintroduction of the new Code ofPractice under section 23(1) of theCPIA came into effect in NorthernIreland on 15 July 2005.

An overview of the new arrangements,details of the main changes containedin the new Code of Practice and theapplication of the new disclosureprovisions are set out below.

Part 5 of the Criminal Justice Act

Single new prosecution disclosure test

Section 32 of the Criminal Justice Act2003 introduces a single new objectivetest for the disclosure of prosecutionmaterial to the defence. The new test willrequire the prosecutor to disclose “…anyprosecution material which has notpreviously been disclosed to the accusedand which might reasonably beconsidered capable of undermining thecase for the prosecution against theaccused, or of assisting the case for theaccused”. In cases where the

prosecution is applying the test before adefence statement has been lodged,it will do so in the light of the informationbefore it at the time and will be expectedto take a reasonable view of whatmaterial might assist the defence toshow that it is not guilty of theoffences charged.

More detailed defence statement

Section 33(2) requires the defence toprovide a more detailed statement thanat present.

Statement deemed to have beengiven by defence

Section 36(1) provides that where anaccused’s solicitor purports to give adefence statement on behalf of theaccused, the statement shall bedeemed to have been given with theauthority of the accused, unless thecontrary is proved.

Warning as to consequences ofdefence disclosure failures

Section 36(2) creates a new duty for thejudge to warn the accused at a pre-trialhearing about the consequences ofdefence disclosure failures.

Copying of defence statementto the jury

Section 36(3) creates a new power forthe judge to direct that a copy of anydefence statement is given to the jury.

Enhanced sanctions for defencedisclosure failures

Section 39 extends the list of defencedisclosure failures and removes therequirement to obtain the leave of thecourt for making comment in respect ofsome of them.

The new Code of Practice

For the most part, practitioners will findthat the new Code of Practice is verysimilar to the existing one. However, itdoes contain a number of detailedchanges, the main ones of which arelisted below. When considering whetheran action is required, practitioners shouldbe alert to the possibility that the oldCode of Practice, rather than the newone, applies:

Paragraph 2.1 (definition of “sensitivematerial”) removes the obligation of thedisclosure officer to consult the officer incharge of an investigation about sensitivematerial in every case, replacing it with adiscretion to do so.

Paragraph 3.2 authorises theappointment of one or more deputydisclosure officers in an investigation toassist the disclosure officer.

Paragraph 5.1 permits any material to beretained in the form of a copy, and theoriginal to be disposed of, where it isreasonable in all the circumstances.

Paragraph 6.4 requires the disclosureofficer to record the fact that there is nosensitive material on a schedule ofsensitive material.

Practitioners’ attention is particularlydrawn to the change in paragraph 5.1 ofthe code. Under the existing Code ofPractice, the police are under a duty toretain original material for the periods setout in paragraphs 8.1 to 8.3 of the code,unless it is perishable, is to be returnedto its owner, or they are permitted todispose of it under the provisions on theretention of seized material in section 22of the Police and Criminal EvidenceOrder 1989 (PACE).


New lawto combatimitationgun crimeApplication of the new

disclosure provisions

The disclosure provisions of the CPIA,as amended by Part 5 of the CriminalJustice Act 2003, will apply in relationto alleged offences into which nocriminal investigation has begun before15 July 2005.

The unamended version of the CPIA andthe original Code of Practice made underit will continue to apply in relation toalleged offences into which theinvestigation began between 1 January1998 and 14 July 2005.

The earlier common law disclosure ruleswill continue to apply in relation to allegedoffences into which a criminal investigationbegan before 1 January 1998.

Before long, the new disclosurearrangements will apply in the vastmajority of cases. Police officers andprosecutors should, however, remainalert to the possibility, particularly in longand complex investigations, that if aninvestigation began prior to 15 July 2005that a previous disclosure scheme willapply. Whether an investigation beganbefore or after 15 July 2005 will beknown to the investigator, and he or sheshould convey this information to theprosecutor so that the prosecutor (andthrough him, the accused) also knowswhich disclosure scheme applies.

Where the investigation into an allegedoffence began between 1 January 1998and 15 July 2005, the original version ofthe CPIA and the original Code ofPractice will apply, even if the offencewhich is actually charged differs from theone which the police originally believedhad been committed.

It may occasionally happen that aninvestigation began before 15 July 2005,and further alleged offences arecommitted after commencement by the

same person which also give rise to acriminal investigation. In this situation, theoriginal disclosure scheme under the1996 Act will apply to the series ofalleged offences which form part of theoriginal investigation (even if some ofthose alleged offences were committedon or after 15 July 2005), and the newscheme to alleged offences into which anew investigation begins on or after 15July 2005.

Further information

Further information about all theprovisions of the Criminal Justice Act2003 may be found in the ExplanatoryNotes to the Act 2003 on the HMSOwebsite at:

http://www.legislation.hmso.gov.uk/acts/en2003/2003en44.htm

A copy of the Code of Practice is now onthe NIO website at:

www.nio.gov.uk - follow NIOPublications.

Printed copies of the code will also beavailable from The Stationery Office.

Queries may also be addressed to:

David WitheyCriminal Law BranchNorthern Ireland OfficeMassey HouseStoney RoadBelfast BT4 3SX

Tel: 028 9052 7520

We are grateful to David Withey of theNorthern Ireland Office for this article.

New legislation to combat crimeinvolving air guns and imitationfirearms has been introduced intoNorthern Ireland.

The Firearms (Amendment) (NI)Order 2005 which replicatessections 37-39 of the Anti SocialBehaviour Act 2003 will becomelaw in September.

The provisions address the growingmisuse of air guns and imitationfirearms. This is largely in the area ofcriminal damage and nuisance butalso the practice of carrying imitationfirearms to intimidate others.

The Order makes it an offence tohave an air gun, including the socalled soft air or BB guns, whetherloaded or not, in a public placewithout lawful authority orreasonable excuse. The offence ispunishable with a sentence of 12months imprisonment or a fine of£5000 or both.

It also adds to the list of prohibitedweapons those air guns which use aself-contained gas cartridge system.It will therefore be an offence topossess, purchase, acquire,manufacture, sell or transfer one ofthese firearms without the Secretaryof State’s written authority.As a prohibited weapon, illegalpossession will attract a 10-yearmaximum sentence.

A small number of these firearmsare legally held on firearmcertificate and the owners will beallowed to continue to hold them,as was the case in Great Britain.They will need the Secretary ofState’s authority to do so andarrangements are in place for thePSNI to take this forward.

The Criminal Justice (Children) (NI) Order1998, sought to reduce the number ofyoung people remanded to custody.It introduced into law a presumption of bailexcept in closely-defined circumstances.

The Bail Supervision and Support (BSS)scheme is provided as part of the YouthJustice Agency’s Remand ManagementStrategy. The Scheme is community-based and is designed to help ensurethat those young people awaiting trial orsentence successfully complete theirperiod of bail by returning to court on thedue date without committing offences orinterfering with the course of justice.

The Youth Justice Agency’s target group,for the purpose of the pilot, are thoseyoung people aged 10-17 years who areat risk of being remanded in the custodyof the Juvenile Justice Centre.The Scheme also targets young peopleentering custody where bail has beengranted but not perfected. In thesesituations the provision of supportservices may be sufficient to effecta change in circumstances.

Following a custodial remand, the BSSteam will visit the young person at theJuvenile Justice Centre for the purposeof compiling a bail assessment.By offering programmes which are viablealternatives to custodial remands, theBSS scheme seek to address theobjections to bail of both the courtand the prosecution services.

Where the Court opposes bail underArticle 12 of the 1998 Order, there arelikely to exist substantial grounds fora custodial remand that will include:-protection of the public, future failureto appear or risk of re-offending on bail.

Any proposed programme will, therefore,address these factors by providing a levelof supervision and support matched tothe circumstances of the young person,the alleged offence and any grounds forrefusal of bail.

The proposal will be fully discussed withthe young person, their parent/guardianand their legal representative foragreement prior to the submission forthe court’s consideration. The court maybe of a mind to make engagement withthe BSS scheme a condition of bail.Programmes may be run through theBSS interagency projects or throughreferrals to specialist organisations suchas Extern’s ‘Inside Out’ project.

The Inside Out Programme is for youngpeople aged 10-17 years, who wouldotherwise have been remanded incustody. The programme can offer, as acondition of bail, up to 25 hours contactand supervision per week to individualyoung people referred by the YouthJustice Agency.

Intensive support is available to youngpeople bailed throughout NorthernIreland. Support can be provided toyoung people in the following typesof accommodation:

The family homeExtended familyRemand foster carersResidential children’s unitsMainstream foster homesBed & breakfast accommodation Shared care arrangements

The service incorporates the YouthAdvocacy Programme (YAP) as the mainmethod of intervention.

Project staff work with young people andtheir families in the community to providean alternative to care or custody. It is asystematic approach which providesindividualised services tailored to eachyoung person and his/her family ornetwork. This model of interventionemphasises the strengths of the youngperson and his/her family system.

Inside Out is part of The ExternOrganisation’s continuum ofservices which aims to prevent exclusion

and restore broken relationships –especially those resulting from crimeand anti-social behaviour.

In 2001, the Joint Strategic PlanningGroup for Children in Conflict with theLaw identified that an increasing numberof young people were being held onremand due to a lack of suitableaccommodation. In response, the BailFostering Scheme was developed jointlyby Down Lisburn Trust, Extern, the YouthJustice Agency and the NIO. Two fostercarers were approved in the first year andthe first young person was placed inJanuary 2003.

The objective of Bail Fostering is toprovide young people on remand withcaring and constructive placement withinthe community as an alternative toremand in custody. Young people aregiven the opportunity to build a trustingrelationship with carers and work togetherwith carers and social workers to addresstheir offending behaviour and maintain orrebuild family links. A project workerprovided by the Inside Out programme iscommissioned to support this placement.

The Scheme is available to young peopleaged between 10-14 and immature orvulnerable 15 and 16 year-olds, subject toa bail decision by the court. The service isavailable to every Trust in Northern Irelandand access will depend on availability ofplacement and will be controlled by DownLisburn Trust. Matching is a sharedresponsibility between the Trustpractitioner, bail support Senior SocialWorker and the Inside Out programmeCo-ordinator. A contract is negotiatedbetween all parties prior to placementand the young person will be subject toLooked After Child Procedures.

For further information contact JohnMcCourt, Bail Support Services Manager,Youth Justice Agency on 02890316446.

We are grateful to Marie-Louise Miskelly, JohnHunsdale and Nadine Kirk of the Youth JusticeAgency for this article.

Reducing remands - bail support for young people



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Conveyancing SolicitorEast Belfast Up to £35k

Superb opportunity has arisen to join the head offi ce of a well-known and expanding practice. Our client has grown considerably over the last few years. Due to the current busy workload our client is looking to recruit an experienced and ambitious Solicitor to deal with a busy client base and also to develop new business. Suit 2-7years’+ PQE. Ref no: 2870

General SolicitorBelfast Up to £30k

Our client is a highly regarded practice with a growing business. This fi rm wishes to recruit a Solicitor with experience in re-mortgaging. Debt and insolvency experience is ideal. Due to the practice’s current workload and future plans, our client is looking to bring a hard working and enthusiastic Solicitor on board to work with their existing team. Suit 2 years’+ PQE. Ref no: 2884.

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Litigation SolicitorBelfast Up to £25k

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Conveyancing SolicitorGreater Belfast Up to £25k

Our client is an established, successful and rapidly developing fi rm of Solicitors, their success is based on the professional skills of their team. The fi rm currently wishes to recruit a Junior Conveyancing Solicitor to help maintain their excellent client base and also develop new business. This is a superb opportunity for a young Solicitor to grow within a vibrant fi rm. Suit newly qualifi ed-2 years’ PQE. Ref no: 2799.

The Legal market in Northern Ireland is currently incredibly busy and all fi rms have a need for good individuals. However, it is also a small world and here at PRG LawSearch we are very conscious of the need to provide confi dential, professional, impartial advice - an individual service for all.

PRG LawSearch works within the legal sector and has excellent links with all the top fi rms and many of the best specialist fi rms in Northern Ireland. With many years’ experience recruiting solicitors in Northern Ireland, our team at PRG LawSearch works across all specialisms within law from specialized support staff through qualifi ed solicitors to partners.

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Operation of the Terrorism Act 2000statistics publishedThe Northern Ireland Office has releasedResearch and Statistical Bulletin 9/2005:Northern Ireland Statistics on theOperation of the Terrorism Act 2000:Annual Statistics 2004.

The main points reported by theResearch and Statistical Bulletin are:

During 2004:

There were 126 designated cordonsunder section 33.

Under section 37, Schedule 5, therewere 416 premises searched underwarrant by the Police Service ofNorthern Ireland (PSNI).

There were 230 persons detainedunder section 41 of the Act.

There were 16 applications forextensions of detention, all of whichwere granted.

69 persons were charged with 183offences including 52 firearmsoffences, 31 explosives offences and24 offences relating to possession ofarticles for terrorist purposes.

26 persons were charged with 39offences under the Act, including 24offences under section 57 (possessionfor terrorist purposes) and 9 offencesunder section 11 (membership).

There were 105 requests to havesomeone informed of detention, 3 ofwhich were delayed.

There were 227 requests for accessto a solicitor, 4 of which were delayed.

Under section 65, Schedule 9,applications were made to theAttorney General to have 740offences certified out of the scheduledmode of trial. Applications weregranted for 629 (85%) offences.

Under section 67, of the 1,769 HighCourt bail applications in respect ofpersons charged with scheduledoffences, 856 (48%) were granted.

67% of persons charged withscheduled offences and 71% ofpersons charged with non-scheduledoffences were on bail at the timeof trial.

No young persons (14-16 years) werecharged with a scheduled offence.

For those defendants remanded incustody for scheduled offences, theaverage processing times were 41.9weeks from remand to committal, 6.5weeks from committal to arraignment,23.1 weeks from arraignment tohearing and 6.9 weeks from hearingto disposal. The average processingtime from remand to disposal was76.7 weeks.

Under section 80, of the 13 personsconvicted of a scheduled offence(October-December 2004 only) nonewere on remission from a prisonsentence at the time of conviction.

Under section 81 of the Act, 31premises were entered by the PSNI,29 of which were searched.

7 arrests were made by the PSNIunder section 82, whilst 6 arrestswere made by Her Majesty’s forcesunder section 83.

A total of 16 premises were enteredby the PSNI under section 82, all ofwhich were subsequently searched.Under section 83, Her Majesty’sforces searched 22 premises.

A total of 322 premises weresearched by the PSNI under section84, 278 of which were dwellings.Her Majesty’s forces were involvedin 361 searches under section 84.

Under section 84, 2,984 personswere stopped and searched by thePSNI, 2,817 of which were in apublic place.

Under section 87, documents wereexamined on 83 occasions by thePSNI; on 73 occasions documentswere subsequently removed.

Under section 89, 1,962 personswere stopped and questionedby the PSNI, whilst Her Majesty’sforces stopped and questioned5,156 persons.

14 requisition orders and 14de-requisition orders were madeunder section 91.

Compensation payments (includingsolicitors’ and loss assessors’ fees)totaled £473,791.

Under section 106, Schedule 13, 98applications for a licence to supplyprivate security services for rewardwere received. All were issued,including one with conditions.

Republic of Ireland

AgentsWe 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 & LiddySolicitors

2 Upper Fitzwilliam StreetDublin 2

Tel: (00 3531) 6766763or (00 3531) 6789701

Fax: (00 3531) 6766702

things you may not knowabout the Library


NEW VERSION OF LIBERO LAUNCHEDDuring the summer we upgraded to a new version of Liberowith enhanced functionality:

New Legislation Cited fieldYou can now search for cases since the beginning of 2005 by thelegislation cited in that particular case

New handbookA new handbook has been produced for the Libero database, and isdownloadable free of charge from the members’ section of the website

Current Libero holdingsHigh Court and Court of Appeal cases from NI ........ 1999 onwardsPractice Directions from the Supreme Court in NI ....................... AllIndustrial and Fair Employment Tribunal decisions.... 2002 onwardsPrimary and secondary legislation ............................ 2002 onwardsTaxing Master’s Decisions ........................................................... All

CPD TRAININGLibrary staff can visit your officeson request and provide tailoredtraining on local and national

commercial and non-commercial legalresearch databases, including Libero.

This training can qualify for CPD.

LIBRARY DEPOSIT FACILITYWe need to recoup some of our expenditure by passing on a smallproportion of our costs to users by way of fees on some of our services.

We operate a deposit facility whereby firms lodge a sum of their choice in anaccount which is debited each time a chargeable service is used. Monthlyitemised statements are generated, which can be sent electronically if desired.

To open a deposit facility, download a form from the members’ section of thewebsite, or contact a member of the library staff.

EXPERTWITNESSDATABASEThe library has

maintained a database ofa wide range of expertsin the medical andnon-medical fields since1986. This database isbeing continually expandedand revised, and containsdetails of experts all overthe UK and Ireland. It isopen to all branches of thelegal profession. The libraryoperates a referral serviceby providing details ofexperts on request.For many experts we haveshort cvs and generaldescriptions of relevantexperience in litigation.

WE HAVE NEW STAFFFiona Ellis has recently left the Society to work alongside her husband in hisaccountancy business. We wish her luck in her new position. As a result ofher departure the library staff are as follows:

Heather Semple Head of Library and Information Services [email protected]

Derval McFetridge Senior Information Officer [email protected]

Denise Hanna Information Officer [email protected]

Zoe Gilmour Information Assistant [email protected]

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NILSC - the Chairman’s perspective

We are pleased to carry in this edition ofThe Writ an article by Sir Tony Holland,Chairman of the Northern Ireland LegalServices Commission in which he sets outhis personal perspective on the role andoperation of the Commission.

It is just over a year ago since Isucceeded Sir Ken Bloomfield asChairman of the Northern Ireland LegalServices Commission and for that reasonalone I feel that the least I could do wasto give a slightly personal account of mystewardship of the NILSC for the pastyear or so. Of course, I am not the onlyperson responsible for the NILSC – I have10 colleagues on the Board, two ofwhom are practising solicitors and onewho is a Senior Counsel, quite apart froma number of others who all bring aunique perspective to what we are aboutat the Commission.

We also have, as many will know, a prettydedicated staff headed up by GerryCrossan who is the Chief Executive andan Accountant in that order!

My own qualifications, while somewhat inthe past, include being a legal aid solicitorin the sixties, later a commercial lawyer,President of the England & Wales LawSociety, a member of Lord Mackay’s smallgroup who carried out the firstfundamental legal aid review, editor ofCordery on Solicitors and someone whowrote one of the first franchiseapplications in the nineties. I remain

dedicated to the principles that areembedded in the whole concept of legalaid and the Commission will, under myleadership, regard its first priority ashelping to provide access to justice forthose people who need assistance.That is why I have looked with regretupon what has happened in Englandand Wales, particularly in my own homeground in the South West of England,and why I am determined that it shouldnot be replicated in Northern Ireland.

I have been coming over to NorthernIreland on a weekly basis for nearly 6years now and while still a “blow in”,I do recognise that there are a numberof unique factors here that means theremust be Northern Ireland solutions forNorthern Ireland problems.Particularly, given the absence ofdevolution which would normally haveallowed local politicians to influencematters as they have done sosuccessfully in Scotland. So what are mypersonal views, and I do emphasise thatthey are personal to me and cannot beattributed to the whole NILSC.

The first is that I have serious reservationsabout Conditional Fee Arrangements(CFAs). As the author of the All EnglandLaw Review section on Solicitors, I spentmost of the past 3 years of this centurywriting in detail analysing the issuesrelating to the costing disputes thatsurrounded the success mark up of CFAsand the bureaucracy that surroundedsuch agreements generally. In noparticular order they cause difficulties forthe profession, the consumer and theinsurance industry.

I am very interested in what was calledCLAF – which operates in Hong Kongand which has been currently renamedSLAS (Supplementary Legal Aid Scheme).The Commission is engaged in someserious research in that area and indeed,spent its June away day considering it.We all know that money damage casesarising out of negligence accounts for

around 2% of the legal aid budget –despite what some politicians andsections of the media may believe. Where real money does disappearhowever is in family and children workat all levels of the legal process.Expert witnesses and multi-partyrepresentation eats into the budget tothe extent that they dominate it to theexclusion of other possible ways todividing the legal aid cake. Mediationof a compulsory nature may be aprerequisite to taking care of that problemor it may not, but certainly some solutionsin control have to be found andimplemented sooner rather than later.

Other areas of concern in legal aid termsare the frequency of judicial review whichis far higher here than elsewhere, or thatis the impression I have been given, alsoover-manning of representation, wheresenior counsel are included in certificatesissued in relation to potential High Courtactions irrespective of complexity oramount involved, similarly with juniorcounsel in the County Courts or FamilyCare Centres.

What has been achieved so far? Our firstconsultation paper has been publishedand we expect to consider the responsesat the Board’s August meeting.That paper proposes changes in theadjudication process so as to minimiseappeals and to speed up the processitself. While there is a great deal ofimprovement needed in this area, one ofthe results will be to impose upon theprofession a far greater degree of carethan it has been used to in submitting theapplication for legal aid correctly the firsttime round. In due course, a move toonline submissions will be inevitable toimprove to even greater levels the wholeexercise of obtaining legal aid.

The Commission was exercised to aconsiderable extent by the legacy ofbacklogs it inherited in the area ofpayments for work done. As a formerpractitioner I know how important

Sir Tony Holland



High Court Bail Applications

Lodgement of High Court Bail ApplicationsWith effect from 5 September 2005, all applications for bail, including variations and Schedule 2 applications should be lodgedwith the RCJ Front of House office. This applies whether lodgement is in person, by fax (028 90235186) or by e-mail [email protected]

Staff at the Front of House will deal with all pre-court procedures and enquiries. The Central Office will retain responsibility for courtregistrar duties and production of the court order.

Bail hearings in Scheduled CasesDuring 2004 arrangements for first and subsequent bail applications were reviewed – see Writ Issue 155 May 2004 page 7 andwww.courtsni.gov.uk - follow Court Lists link.

These arrangements provide that Saturday hearings are available for first hearings under section 67 Terrorism Act 2000(a defendant’s first appearance before the High Court following remand by a magistrate).

At present bail hearings on Saturdays are heard in Laganside Court. From Saturday 3rd September 2005, these hearings will beheard at the Royal Courts of Justice, Chichester Street, Belfast.

From that date also, sureties perfecting recognizances may be taken in the Royal Courts of Justice up to 12 noon on Saturdaysand thereafter at the place of detention of the applicant.

All other arrangments remain as they are currently.

cashflow is to any firm, big or small.In Article 3 Family Care Centre ChildrenOrder cases we have been successful inreaching agreement with both the LawSociety and the Bar that avoids the timeconsuming exercise of doingassessments and the benefit of thiswill be seen during the remainder ofthis year.

The Law Society has been responsiblein realising that relationships are crucialfor the future benefit of the profession,the public and ourselves. To that end,we are in the process of negotiatinga protocol or compact which willprimarily deal with communicationsand the importance of sharing thedeveloping plans of the Commissionwith the Society.

There will inevitably be clashes ofpriorities and need from time to time,but it is essential, given that possibility,that arrangements are in place to dealwith them in which both sides haveconfidence so that there is no need toresort to megaphone diplomacy – if thathappens no one benefits, least of allthe client.

Value for money is a constant with theCommission – interesting through somecases may be, the bottom line has tobe would you risk your own money onsuch a case. I have seen too manycases where that issue appears to havebeen overlooked, if considered at all.The other constant will be our efforts tocounter fraud – while the majority arehonest and diligent, the few who are

not are preventing all of our resourcesbeing well spent. An eagle eye willalways be on the look out in this area,hence the Commission is putting moreresources into this area of our activities.

During my visit to the local SolicitorsAssociations, I was impressed by thecommitment of the solicitors to thefuture of legal aid and the needs oftheir clients. While I have no doubt thatthere will be problems ahead, equallyI have no doubt that all our joint effortswill ensure that, in five years time,many outside Northern Ireland willbeat a path to us to see how we haveall succeeded where others mayhave failed.

Tony Holland

Dates: 7th, 8th and 9th March 2006

Venue: Hilton Hotel, Lanyon Place, Belfast, Northern Ireland

Hosted by the Youth Justice Agency of Northern Ireland, Youth Conference Service

The themes of the conference are: Restorative Practices, Relationships, Justice and Citizenship.An international panel of experts from Australia, Hong Kong, New Zealand, Canada and Israel has beeninvited to speak at the conference and there will be a range of elective workshops for delegates to attend.

For more information please log on to www.youthconferenceserviceni.gov.uk

Youth Court - commencement date for inclusionof 17-years oldsThe Northern Ireland Court Service hasbeen working with representatives fromthe main criminal justice agencies to takeforward and give effect to the CriminalJustice Review recommendation that17-year olds be brought within the ambitof the Youth Court.

Difficulties had arisen which preventedthe commencement of thisrecommendation in April 2005.These difficulties have been resolvedand the commencement date is now30th August 2005.

Generally speaking children i.e. thoseaged 10-17, who commit offences on orafter this date will have their cases dealtwith by the Youth Court - 17-year oldswho have committed an offence prior tothis date will remain in the adult court.

Continued roll-out of Youth Conferencing

The roll-out of the Youth ConferenceService continues with the next areacoming on stream being Banbridge,Armagh and Newry. The Service becameoperational there on 6th June 2005.

An information event for solicitors topublicise the Service was held in Mayin the Canal Court Hotel, Newry.

To support the continuing roll-out ofthe Youth Conference Service, sixnew Conference co-ordinators were

appointed in March 2005. They have allcompleted their initial Skills Trainingwith the University of Ulster and, alongwith existing staff, will continue toparticipate in training and evaluationas the Service develops.

In Banbridge, Armagh and Newry, theService will be delivered initially by twoco-ordinators, one administration workerand a part-time case manager and willbe managed by Aideen McLaughlin,Acting Assistant Director. The team will

operate from the Youth Justice AgencyCommunity Services offices inCastlewellan Road, Banbridge.

To be eligible for a Youth Conferencethe young person must consent to theprocess and must reside in the areawhere the Youth Conference Serviceis in operation.

Referrals will be taken from three YouthCourts in the area and from the PublicProsecution Service.


ADVANCE NOTICE

INTERNATIONAL CONFERENCEON RESTORATIVE CONFERENCINGShifting the power to young people, families, victims and neighbourhoods.


Jill Foster, Probate Manager withBell Lawrie Belfast, outlines theprocess of valuing shares forprobate purposes and highlightsthe benefits to practitioners ofworking in partnership with a firmof Investment Managers.

As every probate practitioner will knowfrom experience, the preparation andvaluation of shares for probate purposesis a complex, time consuming and oftenfrustrating process. Obtaining adefinitive list of holdings is not alwayseasy and certificates are often missing,invalid or misplaced.

When advising and drawing up wills forclients, practitioners should emphasiseto their clients the importance ofkeeping an accurate and up-to-date listof shareholdings and retaining dividendschedules and counterfoils.

While this will make the probate sharevaluation process easier, even the mostaccurate list may not have taken intoaccount a recent corporate eventaffecting a client’s shareholding.For example, Viridian shareholdingswill be affected by the company’srecent announcement to returnapproximately £100m of capital whichwill result in a consolidation of ordinary25p shares and the issue of ‘B’ sharestradable on both the London and IrishStock Exchanges.

A client may also inadvertently end upon a ‘dissenters’ register following thetakeover of a company, where they havenot satisfied the acceptancerequirements. Indeed, it is estimatedthat more than £15bn worth of shareslie unclaimed by shareholders who, forwhatever reason, remain minorityshareholders in a company after a bidhas gone unconditional. A shareholder’sname can end up on the register due tolost share certificates, failure to inform

Registrars of a change of address orbecause they didn’t respond to biddocuments. Once on the register, aname remains there for a period of 12years after the company takeover.Once located, the shares, or moreusually cash, can only be released onthe instructions of the executors andoften at some expense.

Clients may have purchased sharesthrough a number of brokers whichoften results in discrepancies regardingnames and addresses. The result is thatindividuals often have more than oneaccount with a Registrar. Again, thiscomplicates the valuation process aseach shareholding has to be checkedcarefully and verified. In the case ofUnit Trusts, managers are reluctant tocheck holdings as there is always aregistered agent associated with theclient account and only that agent willbe given access to client information.Practitioners therefore have to work viathe registered agent using an up-to-dateunit trust statement.

Shares can also be held by theRegistrar in their own nomineedesignation. As the shares are heldcentrally and electronically, a sharecertificate won’t be available. For theseholdings, it is necessary to have astatement issued by the Registrar tofacilitate the location and valuation ofthe shares.

For practitioners, researching certificatescan be an extremely difficult processwithout expert knowledge and accessto Capital Gains Tax reference bookswhich date back to 1965. Because ofthis, an increasing number of practicesare working with firms of stockbrokers /investment managers who can provide aspecialist probate valuation service andwho are well placed to locate missingcertificates and unclaimed investmentsin a timely and cost-effective fashion.

Consulting a firm of investmentmanagers will not only assist withregards to probate, but can also provideaccess to specialist advice for thebeneficiaries of a will. This includesadvice in the event of a requirement toraise funds from shares in order to meetinheritance tax payments, and advice onthe distribution of shares to beneficiarieswhether as stock transfers or as cash.Investment managers can also assist inthe setting up of trusts which are oftenspecified in wills, or managed portfolios.

So it can be seen that, althoughcomplicated, the process of transferon death can be greatly assisted bysensible co-operation and planningbetween the professionals involved.It is also interesting to note that, byusing an investment manager’s nomineecompany, most if not all, of theburden of execution falls on theInvestment Manager.

The views expressed are the author’sown and not necessarily held throughoutthe Brewin Dolphin group.

Easing the process of valuing sharesfor probate purposes

Jill Foster,Probate Manager with Bell Lawrie


Launch of the Northern Ireland Networkof Child Contact CentresThe Northern Ireland Network of ChildContact Centres (NINCCC) was officiallylaunched on 12 May 2005 at the IslandCivic Centre in Lisburn. Child ContactCentres provide neutral venues where thechildren of separated families may enjoycontact with one or both parents andsometimes other family members, in acomfortable and safe environment whenthere is no viable alternative.

The event was chaired by Lady Eamesand the speakers were The Hon MrJustice Gillen, Judge of the FamilyDivision of the Supreme Court of NorthernIreland, Professor Monica McWilliams,University of Ulster, Muriel Orr, Chair ofthe Northern Ireland Network of ChildContact Centres and Judy Birchall,Centres Support Manager (North),National Association of Child ContactCentres (NACCC).

Mr Justice Gillen, who is a patron ofNINCCC spoke about “Balancinghuman rights in contact disputes.”He stated that there had been muchacademic and practitioner speculationabout the effect of the Human RightsAct 1998 on judicial reasoning in familyproceedings and whether it wouldintroduce a “rights based analysis”of contact into domestic law.

The Judge explained that Strasbourgcase law increasingly emphasises thebalancing exercise needed in relation tothe potentially conflicting rights of variousfamily members. It had stated that thechild’s right is to be accorded specialweight and “particular” or “crucialimportance”. In Re L Dame ElizabethButler-Sloss P had said “where there wasa serious conflict between the interests ofa child and one of its parents which couldonly be resolved to the disadvantage ofone of them then the interests of the childhad to prevail.” However Mr Justice Gillenfelt that the HRA 1998 had brought tobear some new perspectives andtechniques in reasoning and disclosurerather than differences of practical

outcome. The result in the vast majorityof cases would be the same as under theparamountcy principle. The Judge wenton to say that he felt that there had beena shift in language from “principle” and“presumption” to “assumption” which hefelt could more easily be displacedparticuarly where there was a finding ofdomestic violence such as in Re L.This case was also notable for itsinclusion of a general report by childpsychiatrists on the effects of contact,a development which he welcomed aslong as it wasn’t just used selectively byjudges to reinforce their preconceptions.

The Judge explained that the vastmajority of contact matters are decidedbetween the parents without anyrecourse to the courts. Of those that docome to court, less than 2% in NorthernIreland result in orders of no contact.Even though only a small number ofcases become a battleground betweenthe parents over contact, there is apopular perception which scapegoats thefamily courts for failing to providesufficient or adequate redress, and hegave examples of recent cases. Heexplained the forthcoming changes inlegislation in England & Wales which hehoped would eventually be introduced inNorthern Ireland to widen the courtspowers both as to enforcement andreferral to a number of resourcesincluding parenting classes, counsellingetc. He talked about the important rolecontact centres would have to play butwarned of the need to ensure that courtsused such centres properly and efficiently.

Mr Justice Gillen then explained in somedetail the changes in the way courts nowperceive the effects of domestic violenceon children and its importance indetermining whether there should becontact. He also referred to the need forincreased communication between thecivil and criminal courts.

He remarked that “the growth of contactcentres is probably the most significant

development to occur in the managementof contact disputes and the balancing ofhuman rights in recent years” as they“operate at grassroots level providing avital practical service to ensure that justiceis given an opportunity to flower”.

In concluding the Judge expressed hisconcern at the small number of centresoperating in Northern Ireland and hishope that contact centres would begiven a higher profile both economicallyand physically to enable them to “makean enormous contribution to thebalancing of human rights for all partiesparticuarly children in contact disputes”and asked the government to face upto the challenge.

Professor Monica McWilliams spokeabout “Making Contact Safe – somelessons from research”. She remindedattendees of the effects of domesticviolence not only on adults but also onchildren and the importance of this beingtaken seriously and appropriate measuresbeing put in place to ensure the safety ofthe child/ren and resident parents.Professor McWilliams quoted researchoutlining some characteristics of abusersand the parenting issues raised bydomestic violence. She also highlightedrisk factors, which should be taken intoaccount when considering ongoingcontact arrangements between childrenand a violent parent. She emphasised theneed to ensure that families who haveexperienced domestic violence areprovided with the most appropriatesupport and venue, whether this issupervised by social workers orsupported in a child contact centre.Professor McWilliams closed byencouraging those involved in childcontact centre work to hold on to thehope that in putting “good contact” inplace, we are helping to create healthyfamily relationships.

Muriel Orr, Chair of NINCCC, gave anoverview of the work and development ofchild contact centres in Northern Ireland


over the past 6 years. In the past year,the three Child Contact Centres in Belfast(Central Belfast, Cloona and Knock) plusthe Mid Ulster CCC in Cookstownfacilitated 245 families with 342 children.There were over 3,000 family visits andover 4,000 children’s visits. The NorthernIreland Network has been delighted tosee the further development of Centres inNorthern Ireland. Centres have recentlyopened in Derry City and Omagh andothers are at various stages of planning inBallymena, Armagh, Coleraine,Carrickfergus and Craigavon.

The Child Contact Centres in NorthernIreland provide supported contact, whichmeans that there are a number of familieshaving contact in a room or rooms at thesame time. Volunteers are on hand tokeep a general eye and help wherenecessary but they do not listen toconversations or assess the contact,and reports are not provided – otherthan factual attendance details. In orderto maintain their neutrality, it is importantthat Child Contact Centre staff andVolunteers are not asked by the courtsor referrers for more detailed information,unless there are issues about a child’s,or anyone else’s safety. If supervisedcontact is required i.e. with one workerto one family, listening intoconversations, observing contact,assessing and reporting to the court,this will normally be provided by a socialworker. It is also important that CentreCoordinators are contacted prior tofamilies arriving at the Centre to ensurethat there are places available and toprovide all the relevant information,particularly where there are court ordersin force.

Judy Birchall then provided a nationalperspective on Child Contact Centres.The National Association of ChildContact Centres is a membership-basedorganisation to which all of the Centres inNorthern Ireland are affiliated. NACCCaims to help keep children safe in ChildContact Centres by ensuring that

services are facilitated in a neutral childfocussed environment and that thosehigh quality services are consistentthroughout the NACCC membership.To this end, it has recently introduced anaccreditation system for member Centresand also provides support, informationand training for existing and new Centres.

Judy Birchall went on to say that ChildContact Centres provide an effective,value for money service to families goingthrough difficult changes followingseparation. During 2003/4, based onaverage statistics received by NACCCfrom their member Centres, 154,056hours were freely given by 5,502Volunteers. If the minimum wage of £4.50> £4.85 (21 years) was paid, this wouldrequire £693,252 per annum rising to

£747,142 p.a. in wages alone.At an average Social Work Assistant rateof £10 per hour, this would represent£1,777,190 p.a. in wages alone.

All of the speakers recognised the needfor funding to be made available for theseservices to continue and to expand sothat there are Child Contact Centresavailable to all children who need themthroughout Northern Ireland.

Further details about existing ChildContact Centres in Northern Ireland orgeneral information about Centres canbe obtained from Muriel Orr Tel: 028 90806091 or email [email protected] of Mr Justice Gillen’s andProfessor McWilliams’ talks are alsoavailable on request.

ADVERTISEMENT


New power to protect victims of domestic violence

A new power of arrest for commonassault to help police protect victims ofdomestic violence came into force on1st July 2005.

The new power contained in section10(2) of the Domestic Violence, Crimeand Victims Act 2004 is the latestprovision of this legislation (which isprimarily an Act for England & Wales)to commence in Northern Ireland

Alleged assault and/or battery isregularly the principal allegation made incases of domestic violence. The termcommon assault is intended to coverincidents of assault and/or battery andshould include a range of actions fromthreats of violence and striking tounlawful imprisonment.

Outlining the new powers, NIO CriminalJustice Minister David Hanson said:

“The Government is committed to takingstrong action to prevent domesticviolence in our society. As a result, Ihave announced changes that will meanpolice no longer need a warrant toarrest someone committing the offenceof common assault.

“Until now, police have often beenpowerless to remove an allegedperpetrator from the scene of anincident. Consequently, the victim wastime and again left to face their allegedabuser after the police left. Now thepolice have an unequivocal power toarrest anybody accused of theseoffences, enabling them to remove the

alleged perpetrator from the scene.

“This new power of arrest for commonassault is an important measure to helpprotect the victims of domestic violenceand sends out a strong message toperpetrators that their actions will not betolerated. By enabling the police toarrest and remove the allegedperpetrator from the scene of the crime,the chance of further violence directlyafter the incident is reduced significantly.

“Domestic assault is totally unacceptableand has no place in modern society.The new power, along with the range ofprotection already in place to tackledomestic violence will ensure that theperpetrators of these crimes are dealtwith fully and effectively.”

Child ContactQuestionnaire The Office of Law Reform would liketo thank those practitioners whohave already responded to the ChildContact Questionnaire whichaccompanied the July edition ofthe Writ as an insert.

The Office recognises that thedemands on practitioners are many.However, their first hand experienceprovides an invaluable insight intohow the family justice system isoperating on the ground. The Officewould, therefore, greatly appreciateany further contributions and wouldlike to ask practitioners who havenot already done so to completethe questionnaire.

Further copies of the questionnairecan be obtained from Laura McPolinat the Office of Law Reform Tel 028 9054 2900

Article 3 Family Care Centre Cases All firms will have already receiveda communication dated 27th June2005 from the Society advisingthe Terms of Agreement with theNILSC of the remedialarrangements to clear the verysubstantial backlog in thepayment of Article 3 Family CareCentre cases.

Practitioners’ attention is drawn tothe following:

• The text of the Lord Chancellor’sGuidance to the NILSC tofacilitate in these cases directclaim for fees by counsel and

direct payment thereof tocounsel is available on theNILSC’s website atwww.nilsc.org.uk

• The single page insert claimform is downloadable from theMembers’ Section of the NILSCwebsite – follow Civil Report onCase Forms link

• Dates of Direction Hearingsshould not be listed in the claimform – only those hearing dates(if any) subsequent to the firstday of hearing of the caseare required.


As part of its fundraising activities in support of CLIC Sargent, the Society has organised

CHARITY DRAGON BOAT RACINGOn: Sunday 18th September 2005At: 1.00pm to 4.00pmVenue: Belfast Boat Club, Stranmillis

The Boat and all safety equipment is provided.

The Team: 1 drummer and 16 paddlersSponsorship: each crew member is to raise a minimum of £30Experience: not necessary – training is given on the day.

Family and friends are all very welcome. Fun, games and facepainting will be available for the children. Hot food will also be available at a modest cost.

To enter a team or to obtain further details contact Valerie Cromie at 028 9072 5780 or email [email protected]

THE SOCIETY’S NOMINATED CHARITY 2005

From January 2005 all solicitors in Northern Ireland are subject to the

Continuing Professional Development Scheme (CPD).

AFP Consulting provides a range of 3-hour seminars, which meet the Law

Society of Northern Ireland's Client Care and/or Practice Management CPD

requirements. This year's seminar programme is targeted at 3 different levels of

experience within a law firm:

• Level 3 Senior Partners and Managers

• Level 2 Staff and Solicitors who have some level of management

responsibility

• Level 1 Junior staff who need basic understanding of managing their

work and the law firm environment

To reserve your place on any CPD seminar please contact us on:

Tel: 0845 600 2729 or Email: [email protected]

AFP Consulting is a Division of Alexander Forbes Risk Services UK Limited, which is authorised and regulated by the Financial Services Authority.

2005 CPD Seminar Programme

Changing CPD Requirements

Please see below for forthcoming events between September and October 2005

RISK MANAGEMENT (Levels 2 & 3)

Wednesday 21st September 2005 - The King's Hall Exhibition Centre, Belfast

How to develop a risk management strategy and raise risk awareness in firms to contain claims and complaints

and manage the cost of insurance.

LEXCEL QUALITY STANDARDS (Level 2 & 3)

Wednesday 5th October 2005 - The King's Hall Exhibition Centre, Belfast

This is an introduction to the Quality Standards approved by the Law Society. The main areas of practice are

covered with a discussion of how implementation may best be achieved and the barriers to be overcome.

PRACTICE MANAGEMENT (Level 3)

Wednesday 12th October 2005 - The King's Hall Exhibition Centre, Belfast

This will comprise a session on how to develop a business plan and strategies for business development. It will

be as interactive as possible (depending on the number of participants) and include a case study. The aim of the

session will be to raise important questions for Partners and Managers in the 21st Century for discussion, not

provide definitive answers.

Future Seminars (The King’s Hall Exhibition Centre, Belfast)

19/10/2005 Practical Management for Lawyers (Level 1)

09/11/2005 Crisis and Reputation Management (Level 3)

16/11/2005 People Management (Levels 2 & 3)

23/11/2005 Anti-Money Laundering (All levels)

30/11/2005 Lexcel Quality Standard (Levels 2 & 3)

07/12/2005 Client Care and Complaints Handling (All levels)

14/12/2005 Winning and Retaining Clients (All levels)

Qualifies for 3 hours CPD

All seminar times: 2.00 pm - 5.00 pm

Cost per seminar: £125.00 + VAT per delegate

BELFAST SOLICITORS

ASSOCIATION

BELFAST SOLICITORS’ASSOCIATION

BSA GOLF OUTING


Our annual golf outing was held atMalone Golf Club on Thursday 19May 2005. Despite the forecast,the weather was splendid and thecourse was in immaculate condition.Approximately 60 people took partin the outing which was followed byexcellent food and refreshments inthe clubhouse.

The event was sponsored by FirstTrust Private Banking whichprovided generous prizes.

In addition, there was a ballot forprizes run by John McGettrick whoraised over £500 for CLIC Sargent.

The first prize was won by GarethPrior with the unbelievable score of44 points off a handicap of 5. PeterWelsh, everyone’s favourite formersolicitor, won the visitors' prize againwith a score of 39 points. The non-handicap prize was won by the bighitting Jim Sheridan who has beenharassing a certain comittee

member on a weekly basis for theThomasina McKinney Trophy whichwas not returned by a recent winner.Does anyone know who last wonthe Thomasina McKinney Trophy?There is a prize of a night out in theErrigle Inn with Jim Sheridan for theperson supplying the right answer.

We would like to thank everyonefor their support and we lookforward to having an equallysuccessful event next year.

Peter Welsh receiving the visitors' prize from David Allister ofFirst Trust Private Banking.

From left: Gavan Holmes, Maurice Diamond, John Forsytheand Gareth Prior.

From left: Robin Boyd, Patrick Palmer, Andrew Smythand Richard Palmer.

The winner of the overall event, Gareth Prior.


RCJ Court User Group

A Royal Courts of Justice Court UserGroup was established on 14 May 2004.Its membership comprises:

The Hon Mr Justice Weatherup(Chairman)

Master McCorry (Master High Court)

Mr Simon Rogers (Principal Private Secretary to LCJ)

Mr Michael Lynch (Law Society representative)

Mr A J S Maxwell (Bar Council representative)

Mr Oswyn Paulin(Crown Solicitor)

Mr John Rea(PPS)

Mr Ronnie Williamson (NI Guardian ad Litem Agency)

Mr Paddy Kelly(Supreme Court Administrator)

Mrs Sheila Graham(Court Official - Queens Bench Division)

Mrs Rosemary Anderson(Maybin Manager)

Miss Cathy Scollan (Secretary)

RCJ useful information leaflet

An information leaflet has beendeveloped to provide customers withinformation about services and facilitiesat the RCJ.

This leaflet is available at all publicinterface points within the building. Asthe leaflet has been developed primarilyto assist customers before they come to

court, copies can be downloaded fromthe court service website ore-mailed/posted directly on request.

New service standards

In addition to the Courts Charterstandards, the Northern Ireland CourtService has developed standards forspecific customer groups in consultationwith members of those groups andtheir representatives.

Copies of standards for witnesses andmembers of the legal profession areposted on notice boards within the RCJ.It is intended to formally monitorachievements against these standardsvia the use of quarterly surveys.However feedback is welcomed via thecomments cards and registers which are

available throughout the building.

Integrated Courts OperationSystem (ICOS)

Rollout of the ICOS High Court Civilmodules completed on 07.02.05.

Implementation of the Criminal moduleincorporating HM Court of Appeal andHigh Court Bails will commence inFebruary 2006.

RCJ Court Users Group

If you would like to submit an item forconsideration by the Court Users Group,please contact the Law Societyrepresentative, Michael Lynch by emailat [email protected]

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The current practice whereby applications for extension of time to comply with an order of the Master are made informally toa Master, through the Masters’ Office, will cease on 3 October 2005.

From 3 October 2005 onwards all such applications must be made by ex parte application supported by a grounding affidavit.

The precise nature of the relief sought must be set out clearly on the ex parte docket, and the grounding affidavit must set outclearly the reason for the failure to comply with the terms of the Master’s order in the time specified therein.

Where the reason given for the failure to comply with the terms of the Master’s order is an act or omission by another party inthe action, the Master may order that the cost of the ex parte application be paid by that other party, but will not do so withoutallowing the other party an opportunity to be heard.

J W WILSON C J McCORRYMaster (Queen’s Bench and Appeals). Master (High Court).27 July 2005

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELANDQUEEN’S BENCH DIVISION

Applications for extension of timefor compliance with Masters’ OrdersPRACTICE NOTE (No 1 of 2005)


Managing a client’s expectations inrelation to a retainer is crucial. Clientdisappointment as to the outcome of acase, the fees incurred or the length oftime taken to complete a matter can allmean trouble. The dissatisfied client ismore likely to tell other people about hisdissatisfaction with your firm, to complainabout the service, or indeed sue.

Particular areas that should beaddressed include:

Likely timescales. It is very difficult tobe precise as to how long it may take tocomplete the administration of an estate,or settle a litigious matter. Therefore, itfollows that you should tell the client thisat the first available opportunity. It is a loteasier to break down a transaction intostages and give an indication of how longit may take to complete that particularstage. If timescales change during thetransaction, tell the client what hashappened and why, and explain therevised time estimate.

Cost benefit analysis.Every practitioner has come across theclient who wants to pursue his rights asa matter of principle, whatever the cost.That may be the case at the outset ofthe transaction, but it changes rapidlyas fees mount up. The client must betold clearly what the possible outcomesare, and likely costs to reach thatoutcome. The client’s views may changewhen you explain that getting theneighbour to move a boundary fence sixinches may cost £30,000 in legal fees.

Unpalatable news. When unpalatablenews has to be given to a client – suchas there is no cause of action – then thesooner it is imparted, the better. Theclient may be upset, even annoyed;however, this is infinitely preferable to

the client being given the bad news twoyears later at the door of the court.

These examples underline theimportance of obtaining all relevantinformation in relation to a client matteras early as possible. The solicitor has toobtain the relevant information to enablehim to advise the client who, in turn,can then make an informed decision asto what he wishes to do and instruct thesolicitor accordingly. Inadequateinformation means inadequateinstructions, means inadequate advice,means trouble.

Finally, always remember to confirmadvice given, or instructions received,

in a letter or attendance note. Forthose solicitors who still believe thatthis is unnecessary, there has been arecent case where the judge said:

‘If Mr X (solicitor) had done his jobproperly he would have madeattendance notes of his meeting withMrs Y (client). He made no suchnotes, an omission I regard asinexcusable.’

This column was prepared by AFPconsulting, a division of AlexanderForbes Risk Services UK and firstappeared in The Gazette, the journal ofthe Law Society of England and Wales,102/19 12 May 2005.

Breaking Bad News

Legal Appointments

Litigation Solicitor, Belfast, £20 - £30k. Well established city centre law firm requires aLitigation Solicitor to join their existing team. The ideal candidate will have a strong knowledgeof Litigation including previous experience of personal injury. Suit 1 - 3 years PQE.

Legal Officer, Belfast, 3 - 6 mths, £18k+ pro rata. Excellent opportunity has arisen within aLarge Public Sector Body. Candidates must possess a relevant third level qualification, have 2 years PQE in a legal, personnel, industrial relations or equal opportunities post and havepractical experience of preparation of cases for Industrial Tribunals/Court of Law oralternatively have 5 years PQE in the above areas.

Conveyancing Solicitor, Belfast, £neg. Expanding Practice wish to recruit a Solicitor toconcentrate on Conveyancing within their busy team. Residential Conveyancing experience is essential. Experience in Probate is advantageous. Suit 2 years + PQE.

Employment Solicitor, Belfast, £neg. Top Belfast Legal firm wishes to recruit a Solicitor tojoin their Employment Law Dept. Previous experience in this area is essential. Suit min 2years + PQE.

For more details please contact Gemmain confidence on 028 9032 3333 or [email protected]

Law Centre (NI) Demanding the impossible - Section 2 of the Immigration Act 2004

Following from an article by Buster Coxin issue 164 of the Writ on the newcriminal offence for asylum seekers whoenter the UK without valid traveldocuments, Catherine Jackson of theLaw Centre’s immigration unit casts acritical eye on the new provisions andelaborates on how they undermine theUK’s duties towards asylum seekersunder the UN Convention on the Statusof Refugees and under the EuropeanConvention on Human Rights.

On 22 July 2004, Parliament enacted theAsylum and Immigration (Treatment ofClaimants, etc) Act 2004. Section 2 (1) ofthe Act for the first time establishes acriminal offence for asylum seekers whoenter the United Kingdom without animmigration document which “is in force”and which “satisfactorily establishes hisidentity and nationality or citizenship.”This would seem to be in directcontradiction of the United Kingdom’sobligations under Article 31 of the 1951UN Convention Relating to the Status ofRefugees. Article 31 states thatcontracting states shall not imposepenalties on refugees for illegally enteringthe country provided that they presentthemselves without delay to theappropriate authorities and show a goodcause for their illegal entry or presencewithin the country.

Article 31 is a recognition that peopleforced to flee their own country becauseof fear of persecution on the grounds ofpolitical opinion, race, religion, nationalityor membership in a particular socialgroup will often not be in a position toget the appropriate immigrationdocuments from their government.At the time of the enactment of the UNConvention, the signatories wereprobably thinking of the difficulties Jewshad in obtaining immigration documentsin areas of Europe dominated by theNazis as well as the fact that many Jews

were refused protection by thegovernments of the Allied powersbecause they lacked such officialimmigration documents. Today, one canthink of how difficult it would be foropponents of the regime of RobertMugabe in Zimbabwe to obtainimmigration documents if their viewswere known to the Mugabe government.Non-refugees such as women or childrenwho are being trafficked are likely tonever have had immigration documentsor their documents are retained by thetraffickers as a way of controlling themand limiting their options for escape.

Section 2 seems to be a knee-jerkresponse to the perceived problem ofasylum seekers destroying or throwingaway travel documents that would makeit easier for immigration officials toremove them. It is a fairly harsh reactionas asylum seekers who may have neverhad travel documents (for exampleChinese asylum seekers brought intothe country by snakeheads) or whosetravel documents were held byothers can be sentenced to up totwo years imprisonment after asuccessful prosecution.

A person accused of a violation ofSection 2 (1) can claim as a defencepursuant to Section 2 (4) (c) that he orshe has a reasonable excuse for notbeing in possession of an immigrationdocument although the act does notdefine what constitutes a reasonableexcuse. In the event of a prosecution fora violation of Section 2 (1), the onus is onthe defendant to prove that he or shehas a reasonable excuse for not being inpossession of an immigration document.The standard of proof is on the balanceof probabilities. According to theGuardian as of 18 March 2005, therehave been 230 arrests for violation ofSection 2 (1) of the Act with 134convictions although a Parliamentary

Answer dated 19 March 2005 gave afigure of 148 convictions. On 3 February2005, the Court of Appeal in the case ofBei Bei Wang reduced a sentence of tenmonths to two months and distinguishedsection 2 prosecutions from prosecutionsinvolving false passports.

The decision on whether or not toprosecute under Section 2 is based onwhat asylum seekers say during theirinitial screening interview which isconducted without a solicitor or legalrepresentative. Questions asked duringthe screening interview are clearlydesigned to elicit information aboutpossible defences to a Section 2prosecution. Asylum seekers areanswering questions about how theydisposed of travel documents or whetheror not they travelled on their own traveldocuments without any understandingthat they may be unwittingly providingevidence against themselves for aSection 2 prosecution. According to theRefugee Council, many solicitorsquestion whether collecting evidence inthis way is a violation of Article 6 of theEuropean Convention on Human Rights -entitlement to due process.

Section 8 (3) of the Asylum andImmigration Act provides that if anasylum seeker fails to show a passporton request, uses a false document orchanges or destroys a travel documentwithout good reason the decidingauthority is entitled to view such actionsas damaging to the asylum seeker’scredibility. Under this section, the HomeOffice can proceed to decide against anasylum seeker without a careful analysisof the underlying claim because theasylum seeker either deliberately orinadvertently violated Section 2. It shouldagain be noted that the onus is on theasylum seeker to prove that he or shehad a reasonable excuse for not being inpossession of an immigration document.


It is not enough for asylum seekers toallege that they destroyed theirimmigration documents on theinstructions of an agent. They must alsosatisfy the Home Office caseworkerinterviewing them that this was beyondtheir control and that their compliancewith the agent’s instructions was notunreasonable. Of course, at the time theasylum seeker is asserting this, he orshe is no longer under the agent’scontrol and the existence of the agent isonly a matter of his or her say-so. Sincereasonableness is not defined in the Act,reasonableness is in the mind of thebeholder (Home Office caseworker).

Sections 2 and 8 ignore the welldocumented fact that traumatised

asylum seekers are likely to be unwillingor reluctant to discuss theirexperiences. Many of them will havebeen threatened by agents either withharm to themselves or harm to familymembers back home if they discloseinformation that might lead to theapprehension of an agent or trafficker.

In these circumstances, asylum seekersmay appear to be at best evasive andat worst untruthful. This excessivescrutiny of the circumstances of anasylum seeker’s travel violates Article 31of the 1951 UN Convention as asylumseekers are punished for illegal entryinto the United Kingdom even if suchentry was their only feasible way toescape persecution in their country of

origin. The decision to prosecute isusually made on the basis of ascreening interview at a time when theasylum seeker is without a legalrepresentative and may be feelingespecially frightened and traumatised.

The defence of reasonable excuse isnot clearly defined and whether or notan asylum seeker’s excuse for nothaving an immigration document isfound to be reasonable may be up toan inexperienced caseworker or acaseworker who is ignoring guidanceon the assessment of asylum seekersas contained in the UNHCR handbookfor asylum seekers, ImmigrationAppellate Authority’s guidance and theHome Office’s own asylum policy.


Continuing Professional DevelopmentLaw Centre training carries CPD hours for solicitors. Forthcoming courses include:

Belfast

Welfare Rights Adviser Programme ............. 6 September - 8 November 2005 and 24 January – 28 March 2006

Rights of Migrant Workers: Advanced......... 22 September 2005

Recovery of Overpayments .......................... 6 October 2005

Tax Credits Overpayments ........................... 27 October 2005

The Civil Partnership Legislation ................. 17 November 2005

An Adviser’s Guide to Community Care ...... 30 November 2005

Current Issues in Community Care .............. 12 January 2006

Social Security for Lawyers.......................... 26 January 2006

Derry

Welfare Rights Adviser Programme ............. 21 September - 23 November 2005

An Adviser’s Guide to Community Care ...... 7 December 2005

Current Issues in Community Care .............. 18 January 2006

Social Security for Lawyers.......................... 15 February 2006

Tribunal Representation................................ Spring 2006

For more details, contact our Training Department at Law Centre (NI), 124 Donegal Street, Belfast BT1 2GYTelephone 028 9024 4401, or download full training programme from our website: www.lawcentreni.org


COUNTY COURT JUDGEHer Majesty the Queen has appointed Mr Piers Grant to be a judge of the County Court in Northern Ireland.He was sworn into office before Sir Brian Kerr, the Lord Chief Justice of Northern Ireland, on 27 June 2005.

Mr Grant was educated at Queen's University Belfast. He was called to the Bar in October 1975. He was apractising barrister with a general practice including chancery, commercial, common law, criminal and employmentlaw. He has been a Deputy County Court Judge since 1993.

MASTER (HIGH COURT)The Lord Chancellor has appointed Miss Fiona Kelly to the office of Master (High Court) Bankruptcy in NorthernIreland. She was sworn into office before Sir Brian Kerr, Lord Chief Justice of Northern Ireland, on 1 July 2005.

Miss Kelly was educated at Queen's University Belfast. She was admitted as a Solicitor in October 1991 andwas in private practice where she specialised in insolvency.

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REGISTRAR OF COMPANIESThe Department of Enterprise, Trade and Investment, in exercise of the powers conferred on it by Article 653 of the Companies(Northern Ireland) Order 1986, hereby with effect from 4th April 2005 revokes the appointment of Alexander Williamson and in hisplace appoints Rosaleen McMullan of the Department of Enterprise, Trade and Investment to be the Registrar of Companies forNorthern Ireland, to perform the functions required for the purposes of the registration of companies under the Companies Orders.

ASSISTANT REGISTRAR OF COMPANIESThe Department of Enterprise, Trade and Investment hereby appoints Helen Louise Shilliday to be an Assistant Registrar ofCompanies for Northern Ireland, to assist the Registrar of Companies for Northern Ireland, in the performance of her duties underthe Companies (Northern Ireland) Order 1986.

REGISTRAR OF CREDIT UNIONSThe Department of Enterprise, Trade and Investment, in exercise of the powers conferred on it by Article 2A(1) of the Credit Unions(Northern Ireland) Order 1985, vested in it by virtue of the Northern Ireland Act 1998 and of all other powers enabling it in thatbehalf hereby with effect from 4th day of April 2005 appoints Rosaleen McMullan of the Department of Enterprise, Trade andInvestment to perform in Northern Ireland the functions of Registrar under the Credit Unions (Northern Ireland) Order 1985.

The previous appointment of Alexander Williamson as Registrar for Credit Unions for Northern Ireland is hereby revoked.Sealed with the official seal of the Department of Enterprise, Trade and Investment on the 1st day of April 2005.

Bruce RobinsonPermanent Secretary

ADVERTISEMENTS

For help with personalinjury claims in Englandand Wales contact:

John WhitcroftLL.B. Hons (QUB)Solicitor (Admitted NI 1978)

Tel: 0117 9227740Fax: 0117 9250202

[email protected]

59 Queen Charlotte StreetBristol BS1 4HL

Member of the Associationof Personal Injury Lawyers

Member College of Personal Injury Law

Member The American Bar Association

Solicitor £20,472 - £35,966

NORTHERN IRELAND HEALTH AND SOCIAL SERVICESCENTRAL SERVICES AGENCY

The point of entry on the salary scale will depend on the successful candidatesqualifications, experience etc.

Applications are invited from qualified Solicitors to join the Directorate of Legal Services, providing a widerange of Legal Services to Health and Social Services Board, Trusts and other HPSS organisations. Theseinclude Social Services/childcare law, employers/occupiers liability, professional negligence liability,employment matters, mental health, administrative law and conveyancing. The successful candidateswill join an experienced team of Solicitors and administrative support staff providing a high qualityprofessional and client-sensitive service.

Applicants should be able to demonstrate 3 years’ post qualification experience in a wide range of legalservices including at least two of the areas referred to above. Candidates must also have experience inmanaging a substantial personal workload on their own initiative. Successful candidates retained on apermanent basis may be eligible after an initial period for transfer to a higher salary scale as follows:£32,173 - £42,492.

Applicants should be prepared to work flexibly to meet the demands of an interesting and challengingworkload within the Health and Personal Social Services Sector.

A six month waiting list may be compiled for similar vacancies. Applicants should hold a current fulldriving licence and be prepared to travel throughout Northern Ireland.

Closing date for application forms is 4.00pm on Wednesday 21st September 2005.

For an application form and information pack please go to www.centralservicesagency.n-i.nhs.uk orapply in writing, enclosing a stamped self-addressed envelope (15” x 10”) to the value of 75p andstating which post, temporary or permanent, you wish to apply for, to:

Human Resources Director, Recruitment Section, Central Services Agency, 2 Franklin Street, Belfast BT2 8DQ.

The Agency is committed to appointing the best person for the job irrespective of religious or political belief, gender,martial status, race, sexual orientation, disability, dependants or age. In pursuit of our Equal Opportunities Policy, wewelcome applications from all sections of the community and especially from the Protestant community, which iscurrently under-represented in the workforce. Appointments, however will be made on merit only.

DEPARTMENT OF ENTERPRISE, TRADE AND INVESTMENT APPOINTMENTS


The Department for Regional Developmenthas launched a consultation document onproposals to strengthen laws to betterregulate works on streets carried out bystatutory undertakers (ie utilities which havestatutory rights to place and maintainapparatus in streets in order to supplyservices like gas and electricity to thepublic) in order to minimise disruption andcongestion suffered by road users.

The proposed arrangements will requirenew primary legislation and it is intendedthat it can be put in place by early 2007.This would replicate legislation already inplace in England and Wales (the TrafficManagement Act 2004 and the TransportAct 2000).

The Department seeks consultees’views on the following proposed provisionsin particular:

Permit schemes – chargeable permitswould be required for certain works on

streets, to be specified in regulations.The Department could grant or refusepermit applications and attach conditionsaimed at minimising disruption;

Direction-making powers – theDepartment could impose directions onundertakers to require them to executestreet works at particular times and/oron particular dates, to avoid particularroutes, or to resurface an entire lane widthrather than make a patch type repair.Additionally, the Department could restrictutilities from carrying out street works withina prescribed period of substantial street orroad works taking place;

Records – utilities would be placed undera statutory duty to record all apparatus theyplace in streets. The Department’s RoadService would also be obliged to recordequipment it places on the road;

Financial penalties – A Fixed PenaltyNotice (FPN) system would also be

developed to deal with offences for whichno prosecution would ordinarily be brought,though in the event of non-payment of theFPN the Department could, at its discretion,prosecute for the original offence. The levelof fines payable in the event of conviction ofcertain street works offences would beraised from level three (a maximum of£1000) to level four (£2500) or level five(£5000) for the most serious offences.

Land rental – the Department would beempowered to charge for occupation of theroad from the beginning of works, andwould also be enabled to impose chargesfor overrunning the agreed period in whichworks are to be completed.

The Consultation Document may bedownloaded from www.roadsni.gov.uk/consultation/consultation.htm.

The closing date for receipt of all responsesis 30 September 2005.

Consultation on stronger laws for utilities

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HEART TRUST FUND (ROYAL VICTORIA HOSPITAL)

The main object of this established and registered charity is the support andfurtherance of the vitally important treatment, both medical and surgical,provided for patients in the Cardiology Centre in the Royal Victoria HospitalBelfast, and the equally important work of research into heart disease carriedon there. The charity is authorised to use its fund to provide that support, orachieve that furtherance when, (but only when) public funds are not available,or are insufficient, for the purpose.

The Royal's splendid record in the fight against heart disease is too well knownto need advertisement, and by an immediate cash gift or a legacy or bequest tothis charity in your will, you can help directly to reduce the grave toll ofsuffering and death from this disease in Northern Ireland. The grim fact is thatthe incidence of coronary artery disease in Northern Ireland is one of thehighest in the world.

The administration of the charity is small and compact and the trustees arecareful to ensure that its cost is minimal. As a result donors and testators canbe assured that the substantial benefit of their gifts and bequests will godirectly to advance the causes of the charity.

Further details about this charity and its work will gladly be supplied by theSecretary, The Heart Trust Fund (Royal Victoria Hospital), 9B Castle Street,Comber, Co. Down BT23 5DY. Tel: (028) 9187 3899.

(Registered Charity No. XN52409)(Inland Revenue Gift Aid Scheme Code EAP76NG)

Northern Ireland Young Solicitors’ Association

Date: 28th October 2005

Time: 1.00pm – 5.00 pm (refreshments provided and talks to commence at 1.30)

Venue: Europa Hotel, Belfast – please see www.niysa.com for full details.

Cost: £40 for members of the NIYSA* and £60 for non- members.

TOPICS MAY INCLUDE:• Changes in insolvency legislation in GB and prospective changes for NI; • Litigation support; • Treatment of WIP and / or solicitors PI cover; and • Solicitors accounting regulation with a focus on practice management.

Attendance at this Seminar will provide three hours’ CPD entitlement. At least onehour will attract CPD for practice management/client care requirements.

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

BOOKING FORM

NAME

FIRM

ADDRESS (DX if possible)

E-MAIL ADDRESS

TEL

NUMBER OF PERSONS ATTENDING

I ENCLOSE REMITTANCE OF £

NORTHERN IRELAND YOUNG SOLICITORS’ ASSOCIATION PRESENTS

A HALF DAY SEMINARIN CONJUNCTION WITH

MOORE STEPHENS CHARTERED ACCOUNTANTS


Northern Ireland YoungSolicitors Association

New Committee2005/2006

ChairEmma DuffyAlmac Sciences Limited

Vice-ChairEmma HuntMills Selig

TreasurerBarbara JohnstonHewitt Gilpin

SecretaryKiera LeeMills Selig

Membership SecretaryDarren ToombsCarson McDowell

Laura BakerMiller McCall Wylie (Institute of Professional LegalStudies’ Representative)

Toby McMurrayTughans

John GreerMcManus Kearney

Aleric TurtleCarson McDowell

Angus MillsDepartmental Solicitors’ Office

Karen QuinnMacElhatton & Co.


THE NORTHERN IRELAND POLICING BOARD (NIPB) IS RESPONSIBLE FORENSURING THAT THE POLICE SERVICE OF NORTHERN IRELAND (PSNI)

DELIVERS AN EFFECTIVE, EFFICIENT AND IMPARTIAL POLICE SERVICE THATWILL BEST SECURE THE CONFIDENCE OF THE WHOLE COMMUNITY. TO ENABLE US TO CONTINUE MEETING WITH OUR RESPONSIBILITIES

WE WOULD LIKE TO COMPLIMENT OUR EXISTING MANAGEMENTSTRUCTURE BY RECRUITING THE FOLLOWING PERSON.

Details of other experience, knowledge and skills required by candidatesis contained in the Application Pack.

Application packs can be obtained in hard copy, disk or email bytelephoning 028 9040 8554 between the hours of 9am - 5pm Monday toFriday or by writing to the Recruitment Coordinator, Human ResourcesDepartment, 5th floor, NI Policing Board, Waterside Tower, 31 ClarendonDock, Belfast BT1 3BG, or by email [email protected].

Applications must be received by 5pm on Friday 16 September 2005.Late applications will not be considered.

For further information on the Policing Board please visitwww.nipolicingbaord.org.uk

THE NORTHERN IRELAND POLICING BOARD IS COMMITTED TO EQUALITY OFOPPORTUNITY IN EMPLOYMENT AND WELCOMES APPLICATIONS FROM ALL SUITABLY

QUALIFIED CANDIDATES IRRESPECTIVE OF RELIGIOUS BELIEF, GENDER, DISABILITY,RACE, POLITICAL OPINION, MARTIAL STATUS, SEXUAL ORIENTATION OR WHETHER OR

NOT THEY HAVE DEPENDENTS. AS ROMAN CATHOLICS ARE CURRENTLY UNDER-REPRESENTED WITHIN THE MANAGEMENT GRADES OF THE POLICING BOARD,APPLICATIONS FROM ROMAN CATHOLICS WOULD BE PARTICULARLY WELCOME.

HOWEVER, APPOINTMENTS WILL BE MADE STRICTLY ON MERIT.

Human Rights Assistant -(0805/HRA)

(Starting salary will be within the range £23,289 - £35,692depending on experience)

Working for the Director of Policy, this role involves carrying out duties inconnection with the development and implementation of a programme formonitoring the compliance of the PSNI with the Human Rights Act 1998.

Some of the duties associated with this role will include: • Assisting in the preparation of public reports on the Board’s

assessment of the PSNI’s Human Rights compliance. • Involvement in the development of recommendations which will

assist the PSNI and the Board in delivering and securing a HumanRights compliant police service.

• Identifying and assisting in securing and managing resourcerequirements for Board monitoring of PSNI’s Human Rights compliance.

To be eligible for this appointment, candidates must be, by theclosing date for applications either: • A practitioner with at least one year’s post-qualification experience in

legal practice, with pertinent human rights and/or policingexpertise/knowledge.OR

• A graduate/academic with at least one year’s specialism in the fieldof human rights and/or policing.

WrittheCOPY DEADLINE

FOR SEPTEMBER EDITION

5TH SEPTEMBER 2005

Editor: John Bailie.

Published by the Law Society of

Northern Ireland, 98 Victoria Street,Belfast, BT1 3GN

The views expressed are not necessarily thoseof the Law Society of Northern Ireland.

If you wish to advertise in the Writ pleasecontact Karen Irwin for rates, specificationand copy deadlines at:

Burnside PR Ltd,128a High Street, Holywood BT18 9HW

Tel: 028 9042 8899Fax: 028 9042 8877Email: [email protected]

TO ADVERTISE INTHE WRIT...


The full text of these decisions areavailable on the Library’s Libero databaseat www.lawsoc-ni.org or by contactingthe Library

AC AND BC V THE BOARD ANDTRUSTEES OF CABIN HILL SCHOOL,SIR PHILIP FOREMAN, A J BOYD,SIR ANTHONY CAMPBELL, C R NHANNIGAN, MRS E LINDSAY, J M RKNOX, H R MCILVEEN, JNICHOLSON, N W SHAW, W B WTURTLE, K G WHEELER, REVPROFESSOR R F G HOLMESDamages for psychiatric injury. - plaintiffsare parents of boy who was allegedly thevictim of sexual assault by prefect fellowboarder. - damages for personal injuries,loss, breach of contract andmisrepresentation. - nervous shock -whether plaintiffs are primary orsecondary victims. - foreseeability. -matters to be tried as a preliminary issueare whether plaintiffs have valid claim inlaw and whether proceedings are statutebarred under the Limitation Order 1989. -HELD that plaintiffs should be permittedto take their case to trial andproceedings are not statute barredHIGH COURT6 MAY 2005HIGGINS J

AGNEW, JOHN V MCCARTNEY,PETER, DOHERTY, MAIREAD,MCGLADE, EUGENE ANDMCGLADE, JUDITH MARGARETBoundary dispute. - neighbouringproperty owners cleared and drained awater course and erected fencing whichsubsequently demarcated boundary. -whether verbal agreements betweenadjoining owners are valid in law. -possessory title. - claim of prescriptivetitle. - boundary declaration sought. -whether interference with right ofownership and enjoyment. - applicationto pull down defendant's garagerejected. - allegation of trespass byplaintiff in the building of a utility room bydefendant upheld. - no restitution ofproperty required or reduction in value ofland. - allegation of trespass and damage

against second defendants rejectedHIGH COURT QUEEN’S BENCH26 MAY 2005DEENY J

ATTORNEY GENERAL’S REFERENCENUMBER 8 OF 2004, DAVID CYRILDAWSON, JEROME CAMPBELL ANDDARREN MARTINSentencing. - misuse of drugs. -possession and supply of controlleddrug. - conspiracy to import drugs. -whether sentence unduly lenient havingregard to the substantial quantity ofdrugs involved, role of offender andextent of his culpability, need fordeterrence, public concern andgoverning principles and guidelines. -discretion on whether to quash sentenceand substitute more severe one. -applications refusedCOURT OF APPEAL15 APRIL 2005KERR LCJ

BEATTIE, KATHY V MCCONNELL,MICHELLE, FORMERLY GILMER,TRADING AS ROSEBANE BOARDINGKENNELSDamages and personal injuries. - plaintiffbitten by dog while outside gate ofkennels. - kennels not yet open for theday's business and dogs therefore loosein the yard. - whether plaintiff guilty oftrespass and contributory negligence andliability of kennel owners. - HELD thatdefendant negligent, but that plaintiffguilty of contributory negligence. -damages of £21,582 awardedHIGH COURT14 JUNE 2005DEENY J

IN THE MATTER OF ANAPPLICATION BY JOHN BOYLE FORJUDICIAL REVIEW (NO.2)Application for judicial review of LegalServices Commission decision refusinglegal aid to applicant for the purposes ofan appeal to the Court of Appeal. -appeal lodged against dismissal ofapplicant's earlier judicial review

application of decision not to givereasons for decision not to prosecute 2police officers for perjury arising out oftrial of applicant on criminal charges. -application of art. 3 ECHR. - applicationof DPP to give reasons and application ofthe test granting legal aid. - HELD thatAppeal Committee decision quashed andmatter reconsidered by Legal ServicesCommission to determine whetherapplicant has established there arereasonable grounds for taking the appealHIGH COURT27 MAY 2005HIGH COURT

IN THE MATTER OF ANAPPLICATION BY LIAM CLARKEFOR JUDICIAL REVIEWPrison adjudication. - whether matternow academic. - matter court shouldallow academic point to be pursued. -discretion. - arts 6 and 8 ECHRHIGH COURT15 JUNE 2005GIRVAN J

DEPARTMENT OF SOCIALDEVELOPMENT v MACGEAGH,SHAUN AND MACGEAGH, PATRICIAAppeal by way of case stated fromdecision of Tribunal of Child SupportCommissioners. - operation of ChildSupport (NI) Order 1991. - whether reg 9(3) (b) of Child Support DepartureDirection and ConsequentialAmendments Regulations 1996 SR 541is incompatible with rights under ECHRarts 6 + 14. - respondents divorced andlive apart, children live mostly with theirmother. - how maintenance paymentsmade by their father as non-residentparent should be assessed. - claim forspecial expenses accepted byDepartment for Social Development butclaim for additional expenses refused andappeal dismissed. - subsequent appealto Child Support Commissioner whodirected that the application should bedealt with by Tribunal of Commissionersas it involved a question of law of specialdifficulty. - Tribunal of Commissioners

High Court, Court of Appeal and Tribunal Decisions

decided that appeal tribunal hadmisinterpreted the legislation andremitted the matter to be heard by adifferently constituted tribunal. -Department of Social Developmentappealed to Court of Appeal against thatdecision. - whether article 1 of Protocol 1was engaged and if so, whether therewas a violation. - whether workingfamilies' tax credit was lawful in payment.- appeal allowed, decision of the AppealTribunal restored and father required tomake the assessed child supportmaintenance paymentsCOURT OF APPEAL9 JUNE 2005KERR, LCJ, NICHOLSON, LJ,CAMPBELL, LJ

HAYWOOD, NORMAN RICHARD VRITCHIE, HUGH, RITCHIE, KEVIN,RITCHIE, COLIN AND RITCHIE, HALT/A H RITCHIE & SONSAppeal from order of Master whereby herefused the defendant's application for anorder staying the action pursuant toinherent jurisdiction of the court. -damages for personal injuries, loss anddamage sustained by defendant'snegligence as employer. - defendantdenies employing applicant, denied theincident and pleaded contributorynegligence. - plaintiff's solicitor refused toallow plaintiff to be examined byconsultant surgeon chosen bydefendant's solicitor, since they claimedhe had previously been dismissive of anyclaim they had submitted, had requiredaccess to complete GP notes andrecords, and had made intrusive requestsfor personal and private information. -summons for order issued staying actionunless plaintiff submitted herself formedical examination and paid coststhrown away by the plaintiff's non-attendance as arranged. - right of plaintiffto be examined by medical expert ofchoice. - jurisdiction of court to stayproceedings for compensation forpersonal injuries if plaintiff refused tosubmit to medical examination. - appealdismissed

HIGH COURT20 MAY 2005HIGGINS J

IN THE MATTER OF ANAPPLICATION BY L (A MINOR) BY TMCM HIS MOTHER AND NEXTFRIEND AND IN THE MATTER OF ADECISION BY SANDLEFORDSPECIAL SCHOOL AND THE NORTHEASTERN EDUCATION ANDLIBRARY BOARDSpecial education needs. - statement. -whether Board failed to implementstatement. - suspension of pupil. -whether proper procedures followedHIGH COURT15 JUNE 2005GIRVAN J

IN THE MATTER OF N (FREEINGORDER APPLICATION)Order sought by Health and SocialServices Trust freeing child for adoption. -father has parental responsibility andchild currently the subject of care order. -assessment of mother's parenting skillsin the context of alcohol abuse anddomestic violence. - HELD that afterapplying the objective test ofreasonableness adoption was in the bestinterests of the childHIGH COURT FAMILY DIVISION31 MAY 2005GILLEN J

IN THE MATTER OF ANAPPLICATION BY BERNARDO’CONNOR AND ANDREWBRODERICK FOR JUDICIAL REVIEWApplication of judicial review of decisionby police disciplinary panel dismissing anapplication to stay disciplinaryproceedings against applicants due todelay. - action of members of disciplinarypanel in obtaining legal advice from Headof Legal Services to PSNI prior to deliveryof decision. - whether biased since anyappeal procedure to Chief Constablewould result in same Head of LegalServices being consulted. - objectiveobserver test. - whether adviser who

holds different positions withindisciplinary system could createperception of conflicting roles. - HELDthat the decision of the disciplinary panelbe quashed and the matter reconsideredby a new panel which will operate inaccordance with arrangements that donot give rise to apparent biasHIGH COURT27 MAY 2005WEATHERUP J

R V BApplication for leave to appeal conviction.- gross indecency with child. - indecentassault. - buggery. - application for stayof proceedings due to abuse of processrejected by Crown Court trial judge. -whether delay since alleged offences hadbeen committed led to prejudice andunfairness. - whether judge should havedirected jury to acquit at the close of theCrown case. - whether verdict safe. -HELD that verdict was safe andapplication dismissedCOURT OF APPEAL15 JUNE 2005NICHOLSON LJ

R V HOWARDMurder. - whether defendant entitled tobe provided with addresses of witnesseswho made statements to the police butare not prosecution witnesses. -disclosure under s. 8(2) CriminalProcedure and Investigations Act 1996. -defence wished to contact the witnessesto assess the value of their testimony. -whether defence is entitled to have thesame facilities for interviewing defencewitnesses as prosecution. - whetherpublic interest in respecting the privacyand safety of people who assist thepolice. - HELD that witnesses have noreason to have addresses withheld fromthe defence and direction made thatprosecution make the disclosure todefendant's solicitorsBELFAST CROWN COURT16 MARCH 2005HART J



R V MITCHELL, JOANNE ELIZABETHAppeal against sentence. - applicantpleaded guilty to reduced charge ofcausing grievous bodily harm and wilfulneglect of a child by shaking. - applicantvictim of sexual and physical abuse as achild and had developed a personalitydisorder, all of her children were in caredue to physical and emotional neglect. -appropriate sentence due to guilty pleawhich indicated remorse, and exceptionalcircumstances including the personalitydisorder and withdrawal of medication. -HELD that leave to appeal sentencegranted, appeal allowed and originalsentence quashed, and that supervisionby mental health authorities preferable toprobation orderCOURT OF APPEAL17 JUNE 2005KERR LCJ

R V MULLEN, GERALDINE ANNApplication for leave to appeal againstconviction. - assault occasioning actualbodily harm and child cruelty. - whetherprima facie case against applicant hadbeen established. - HELD that there wasa clear prima facie case against theapplicant based on circumstantialevidence, and that there was sufficientevidence for jury to conclude injurieswere inflicted by applicant. - leave toappeal refusedCOURT OF APPEAL3 JUNE 2005HIGGINS J

SCOTT-FOXWELL, GUY PATRICAND SCOTT-FOXWELL, JULIANBASIL v THE RIGHT HONOURABLETHE LORD BALLYEDMOND,NORBROOK LABORATORIESLIMITED AND BALLYEDMONDCASTLE FARMS LIMITEDTitle. - declaration sought that none ofdefendants had interest in or entitlementto cottage and garden for which theapplicant had acquired paper title. -injunction sought to restrain defendantsfrom trespassing on the land. whethertitle to cottage and garden had been

extinguished. - whether defendants haddispossessed applicants, and if sowhether applicants remained inpossession for 12 years. - act of physicalpossession and factual possession. -limitation on right of action to recoverland accrued. - HELD that defendantshad intention to possess the land andhad factual possession to it. - failed todischarge onus of proving they hadsufficient degree of physical control forrequisite 12 year period. - declarationsought that applicant has not beendispossessedHIGH COURT26 MAY 2005CAMPBELL LJ

RE Z AND T (FREEING ORDERAPPLICATION)Order freeing for adoption sought byTrust pursuant to art. 18 Adoption (NI)Order 1987 against the wishes of themother. – fathers did not have parentalresponsibility. – whether adoption in thebest interests of the child. – whetherdisproportionate response. – whether the2 children should be placed in long termfoster care or adopted, with attachmentmaintained. – Trust unable to findplacement for adoption. – HELD thatchild Z should not be freed for adoption,given that the strength of the child’sattachment to her mother and siblingswould visit on the child a strong sense ofbereavement. – HELD that adoptionwould be in the best interests of T, givenhis challenging behaviour and apparentlack of significant family attachments. –HELD that mother was unreasonablywithholding her consent, and applicationsdismissed and granted accordinglyHIGH COURT23 JUNE 2005GILLEN J

FAIR EMPLOYMENT ANDINDUSTRIAL TRIBUNAL DECISIONS

AB v CD AND EFWhether respondent had a reason fordismissing applicant and whether, ineffecting that dismissal, the secondrespondent acted reasonably. - applicantwas a supply teacher who had beensuccessful in securing full time post withspecial needs children subject to policechecks. - police checks showed thatapplicant had been the subject of aserious investigation some years earlier. -DPP had directed no prosecution andapplicant had no criminal record, butsenior police officers believed thatapplicant had abused his position of trust.- applicant suspended, and provided withopportunity to respond to allegations. -applicant subsequently had temporaryemployment terminated and offer ofpermanent post withdrawn. - whetherapplicant denied rights to an independentinvestigation. - whether criminal offencesoutside employment should be treated asautomatic reasons for dismissal. - whetherdisciplinary procedure fair. - tribunaldecided that the decision to dismiss fellwithin the range of reasonable responsesin the light of the information provided tothe second respondent by the police, andof the second respondent's duty toprotect children. - application dismissed320/04IT, 12 APRIL 2005

KENDA-MARIE ADAMS vALTNAGELVIN HSS TRUSTLoss of earnings. - applicant claimed shewas ready to return to work followingpsychiatric illness, whereas her doctor hadinformed the respondents that theapplicant was not fit for a further 3months. - sickness pay scheme andsickness entitlement. - tribunal decidedthat the respondent was obliged to go onthe advice of the doctor of the applicantand under the terms of her contract hersickness entitlement had been fully paid. -claim dismissed587/02IT 10 FEBRUARY 2005

High Court, Court of Appeal and Tribunal Decisions

STEPHEN ALLEN v STEPHENBLAKELY, BLACKSTAFFCONSTRUCTION LIMITED,DEPARTMENT FOR EDUCATIONAND LEARNINGRedundancy payment, unpaid holidaypay and pay in lieu of notice. - tribunalordered that the third named applicantpay applicant £563.802827/04IT, 22 APRIL 2005

MARTIN BURNS v DEPARTMENT OFSOCIAL DEVELOPMENT, SOCIALSECURITY AGENCY AND GJOHNSTONUnlawful discrimination on the grounds ofdisability. - applicant given a formalwarning after absences from work due toasthma. - previous tribunal had foundthat the applicant had a disability withinthe meaning of the DisabilityDiscrimination Act. - whether the refusalof the respondents to alter the triggers oftheir policy on Managing Attendance orto discount automatically all theapplicant's absences due to his asthmaconstituted unlawful discrimination. -whether the respondent had failed todischarge their duty to make reasonableadjustments. - whether respondentsplaced the applicant at a substantialdisadvantage compared to persons whodo not suffer from asthma. - tribunalfound that the applicant has not sufferedunlawful discrimination on the grounds ofhis disability and application dismissed02606/00IT, 29 APRIL 2005

JANE ALISON CRAWFORD vNO PROBLEM LOANS LTD ANDMARK TOWNLEYUnlawful deduction from earnings. -applicant dismissed after working for onemonth without notice or wages in lieu ofnotice. - tribunal ordered respondent topay applicant £1,222.331943/04IT, 20 APRIL 2005

KELLY EPPLESTONv JANETTE MARTINUnfair dismissal. - qualifying period ofemployment. - applicant frequently

absent from work as hairdresser to theextent that by the time she returned afteran extended period of sick leave she hadno customers left and was dismissed. -tribunal decided that the manner of herdismissal was unfair in that she had notbeen given any warnings, but that theapplicant's own conduct was such as tomake it inappropriate for any award ofcompensation to be made211/04IT, 19 APRIL 2005

LESLEY GAULT v FIRE AUTHORITYFOR NORTHERN IRELANDClaimant convicted of murder andsentenced to life imprisonment. - whetherclaimant was dismissed by therespondent or whether her contract wasfrustrated due to the applicant's inability toperform her duties under it. - whetherunfair dismissal. - tribunal decided that theclaimant's contract was frustrated at thedate of her conviction for murder, when itwas inevitable that she would be given anindeterminate life sentence, regardless ofany appellate process invoked. - claim forunfair dismissal dismissed2483/03IT, 24 MAY 2005

GERARD MCCULLOUGH v UNISONDecision on a preliminary issue. - sexdiscrimination and discriminationbecause of trade union activities. -victimisation and allegations ofharassment made by former employee. -whether victimisation allegations could beadded to complaint of sex discriminationeven though out of time. - tribunaldecided it was just and equitable to allowapplicant to bring complaint1451/01IT, 31 MARCH 2005

STEPHANIE FLORENCE MCFALL vDEREK MCALEESE T/S DEMINSULATION SYSTEMSApplication by respondent of review ofdecision of tribunal in the interests ofjustice. - whether applicant had beenunfairly dismissed or suffereddiscrimination as a result of pregnancy, inthe manner of which she was selectedfor redundancy. - tribunal had originally

found that the applicant's claim of sexdiscrimination be dismissed but that theapplicant had been unfairly dismissedwithout notice by the respondent andtribunal had ordered the respondent topay £1656 to the applicant. - respondenttook issue with the order in whichevidence was presented to the tribunaland claimed he was unable to make astructured defence. - held that there wasno procedural mishap and thatapplication for review refused on theground that it has no reasonableprospect of success309/04IT, 27 APRIL 2005

MARY O’RAWE v BARCOUNCIL/EXECUTIVE COUNCILApplicant was a barrister who wished topractice at the Bar on a restricted basisto facilitate childcare responsibilities. -Bar Council determined that fees payableby barristers in practice must be thesame within the context of years serviceregardless of the extent of practice oramount of earnings. - applicant claimed itwas not worth her while to engage inpart-time practice. - whether indirectdiscrimination. - whether fee systemimpacted more heavily on femalebarristers given that they were restrictedin the nature of the less lucrative workthey were able to undertake and thatfemales took greater responsibility forchildcare. - whether applicant was apart-time self-employed barrister withreduced hours due to childcare. -whether respondents applied arequirement or condition to the applicantwithin the meaning of art 3(1)(b) of SexDiscrimination Order 1976. - whether therequirement or condition which therespondent applied was such that theproportion of women who could complywith it was smaller than the proportion ofmen. - whether respondents applied aprovision, criterion or practice within art3(2)(b) of the Sex Discrimination Order1976. - tribunal held that therespondents had satisfied the tribunalthat both the requirement/condition andthe provision, criterion or practice were


Director who had dismissed him. -tribunal held that applicant contributedto his dismissal by 25% by takingtelephone calls on the respondent'stime. - respondent ordered to payapplicant £11,933.04 in compensation1773/04IT, 13 MAY 2005

PAUL SWINDELL v HEPWORTHBUILDING PRODUCTSUnfair dismissal. - applicant dismisseddue to gross misconduct. - whethertribunal had jurisdiction to hear

applicant's complaint under art 145Employment Rights (NI) Order 1996. -application to tribunal left in hands ofunion but presented out of time. -whether it was reasonably practical forcomplaint to have been presented intime. - complaint dismissed2263/03IT, 22 FEBRUARY 2005

EDWARD WHYTE AND RICHARDSHAW v SPRINGVALE EPS LIMITEDApplicants were night duty shift workersfound asleep on duty or away from

workstation and found guilty of falsifyingrecords. - summarily dismissed. -whether some guilty employees weretreated differently than others. - whethercompany acted reasonably in thehandling of the disciplinary hearing andappeal procedure. - held that companyhad acted fairly and applicationdismissed138/02IT, 3 MARCH 2005


The consultation period on the review of the operation ofsection 75 of the Northern Ireland Act 1998 has beenextended until 30 September 2005.

The consultation document launched in April identified six keythemes and associated actions that emerged from theindependent report prepared by Neil Faris and EithneMcLaughlin. They are:

• integration of equality duty with policy formulation; • enhancing performance and sharing good practice; • consultation; • monitoring; • communication and raising the profile of s75; and • matters for the Equality Commission Review

These themes remain the focus of the consultation but theGovernment also wants to hear people’s views on other issuesrelating to the operation of section 75 generally.

Comments on the Review should be addressed to Brian Porterin the Human Rights and Equality Unit of the Northern IrelandOffice either via email to: [email protected]

or by post to: Brian Porter, Human Rights and Equality Unit,Northern Ireland Office, 11 Millbank, LONDON SW1P 4PNTelephone: 020 7210 0891

Consultation on Equality Duty Review extended

ADVERTISEMENT


The Council of the Society is elected to office every two years. As this is an election year, an individual notice about the nominationprocedure is being sent to all members. The relevant bye-law provides as follows:

“Every candidate for election to the Council must be a member of the Society and shall be nominated by two members thereof,who shall sign his nomination paper. In the case of candidates for election as Constituency Representatives such nominationpaper shall be signed by two members of the Society whose principal places of business are in that constituency. Suchnomination paper shall be, in the case of a candidate to be elected as an Ordinary Member, in Form A annexed hereto or insuch other form as the Council shall decide. Every nomination paper must reach the Returning Officer, by post or otherwise, athis office at or before 4 o’clock p.m. on the 1st day of October in each year in which an election is to be held”.

Copies of the nomination forms can be obtained on request from the Society.

J W BailieReturning Officer

Council Election 2005

NAME:

PRACTICE ADDRESS:

TELEPHONE NUMBER:

EMAIL ADDRESS:

Please return to Reavey & Co, 22 The Diamond, Rathcoole, Newtownabbey BT37 9BQ with cheque in the sum of £375.00 made payable to:

THE ASSOCIATION OF COLLABORATIVE FAMILY LAWYERS

This course will attract 12 CPD hours.

The 2nd Collaborative Law Training Course will take place in The Hilton Hotel, Belfast on Friday 11th and Saturday 12th November2005. Attendance at this course will attract 12 CPD hours in total (to include the requirement for 3 hours client care). Places arelimited and early application is suggested.

Pauline Tesler, the leading US Collaborative Law trainer, will again give the training session. The cost of the course is £375.00 toinclude membership of the Association of Collaborative Family Lawyers.

The Northern Ireland Legal Services Commission has approved preliminary funding for the collaborative method. The Associationplan to promote the collaborative approach to family law by way of an advertising campaign in November. Any family lawpractitioners who are still unfamiliar with Collaborative Law should refer to the lead article in the May /June Writ - Issue No.164.

COLLABORATIVE LAW TRAINING

HILTON HOTEL BELFAST

FRIDAY 11TH NOVEMBER AND SATURDAY 12TH NOVEMBER 2005

COLLABORATIVE LAW

Re: Cambell, Bernadette M (deceased)Late of: 22 Thirlmere Gardens, AntrimRoad, BelfastWould any person having knowledge ofthe whereabouts of a Will made by theabove named deceased please contact:Byrne Carolan CunninghamSolicitors39/41 Mardyke StreetAthloneCounty WestmeathRepublic of IrelandTel: 00353 90 6478433

Re: Charles Jennings (deceased)Late of: 17 Carnacally Road, Newry,County DownDate of Death: 8 May 2005Would any person holding an originalWill for the above named deceasedpleased contact:Donnelly Neary & DonnellySolicitors1 Downshire RoadNewryCounty Down BT34 1EDTel: 028 3026 4611Ref: TPD/PH/1193

Folio: AN94281LCounty: AntrimRegistered Owner: Leanne AxonLands of: 24B Mournebeg Drive,Rathcoole, Newtownabbey, CountyAntrimTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above-mentioned Folioshould forthwith produce said Certificateor communicate such information to theundermentioned solicitiors.And take further notice that unless the

said Land Certificate is so produced oradequate information as to itswhereabouts is so communicated withinthree weeks of publication of this notice,a duplicate Land Certificate may beapplied for.P R HannaSolicitors2nd/3rd FloorsLesley Suites2-12 Montgomery StreetBELFAST BT1 4NX

Folio: AN1328County: AntrimRegistered Owner: The Police Authorityfor Northern IrelandLands of: Hope Street, Larne, CountyAntrimTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above-mentioned Folioshould forthwith produce said Certificateor communicate such information to theundermentioned solicitiors.And take further notice that unless thesaid Land Certificate is so produced oradequate information as to itswhereabouts is so communicated withinthree weeks of publication of this notice,a duplicate Land Certificate may beapplied for.A ChambersPSNI Estate Services Business Unit8th FloorRiver House48 High StreetBELFAST BT1 2RU

Folio: 44630County: DownRegistered Owner: Ronald WilliamGeorge Miller and Gertrude Brigid MillerLands at: Ballyvally Road, Mayobridge,County DownTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above-mentioned Folioshould forthwith produce said Certificateor communicate such information to theundermentioned solicitiors.And take further notice that unless thesaid Land Certificate is so produced or

adequate information as to itswhereabouts is so communicated withinthree weeks of publication of this notice,a duplicate Land Certificate may beapplied for.Rosemary ConnollySolicitors2 The SquareWarrenpointNewryCounty Down BT34 3JT

Folio: AN4649County: AntrimRegistered Owners: David RonaldMcCaughern & Nigel John McCombeLands at: Hillview Service Station, 215Castle Road, Randalstown, County Antrim BT41 2EBTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above-mentioned Folioshould forthwith produce said Certificateor communicate such information to theundermentioned solicitiors.And take further notice that unless thesaid Land Certificate is so produced oradequate information as to itswhereabouts is so communicated withinthree weeks of publication of this notice,a duplicate Land Certificate may beapplied for.Patrick Diamond & CompanySolicitors29 New StreetRandalstownCounty Antrim BT41 2AFTel: 028 9447 9696Fax:028 9447 9208

Morgan McManus Solicitors, a crossborder legal firm, require an ambitiousenergetic solicitor for their expandingpractice at Enniskillen. Post qualificationexperience is preferred but not essential.The successful candidate will berequired to work in all areas of generallegal practice but with a particular bias

Missing Wills

Missing TitleDeeds

SolicitorsRequired


Legal BookkeepersSeeking Employment

General Notice


towards Criminal and Civil Litigation andFamily Law work.Please apply in writing with CV to: Messrs Morgan McManus12 Paget LaneEnniskillenCounty Fermanagh BT74 7HT

Sole practitioner requires solicitor with atleast 10 years post qualificationexperience mainly in conveyancing andprobate work for long established busyWest Tyrone practice with view to earlypartnership and future possible takeover.Please apply in writing with CV to:Box Number 152c/o Burnside Public Relations Ltd128a High StreetHolywoodCounty DownBT18 9HW

Assistant Solicitor required for busygeneral provincial practice.Excellent prospects for advancement forthe appropriate candidate.Applicants should be self-motivated andpreferably have post qualificationexperience.Apply in writing to:Gerard MaguireSolicitor4a Carleton StreetPortadownBT62 3EN

Downpatrick Solicitors require youngSolicitor qualified 1-3 years withexperience in Litigation but who will alsobe expected to assist in other areas ofthe practice.Apply with CV to:Joe Mulholland & CoSolicitors9-11 St Patrick’s AvenueDownpatrickCounty DownBT30 6DWOr email:[email protected]

Locum Solicitor required (September toDecember 2005). Litigation andMatrimonial experience necessary.Please send CV to:Peter M ThompsonThompson Mitchell Solicitors12-14 Mandeville StreetPortadownCounty ArmaghBT62 3NZ

Due to the retirement of a Partner werequire a Solicitor with good generalexperience. Attractive salary.Applications in own handwriting withtyped CV to:Stephen Begley & CompanySolicitors9 Merchant’s QuayNewryCounty DownBT35 6ALTel: 028 3026 7538Fax:028 3026 9189

Part-time Conveyancing Solicitorrequired with at least one year PQE.Apply with CV to:Mr Ciaran McCreeshGallery & CampbellSolicitorsCinema Buildings48a Church PlaceLurganCraigavonCounty Armagh BT66 6HDEmail: [email protected]

McFadden Perry Solicitors require asolicitor for their Belfast/Bangorbranches with a view to futurepartnership. Must have experience inConveyancing and Litigation. Please forward CVs to:Linda McFaddenBangor [email protected] Dunn Belfast [email protected] writing to: Linda McFadden

McFadden PerrySolicitorsSpringhill Shopping CentreKilleen AvenueBangorBT19 1ND

Need a legal bookkeeper?We have experienced legal bookkeepersavailable to cover full or part time,temporary or permanent contracts.All computer systems covered.Contact:Legal Accountancy Services11 Bridge StreetBelfastBT1 1LT028 9043 4562

In the estate of: Robert Bothwell(deceased)Date of death: 4 February 2003Late of: Shankill Elderly Person’s Home,137 Shankill Parade, BelfastWould any person having knowledge ofthe whereabouts of Kevin McCorry,Solicitor, previously of Upper QueenStreet, Belfast, please contact theundersigned Solicitors. Mr McCorry hasbeen named as Executor in the abovedeceased’s Will.Norman Shannon & CoSolicitors3-5 Union StreetBELFASTBT1 2JFTel: 028 9023 1179Fax:028 9023 4877


IN THE HIGH COURT OF JUSTICE, CHANCERY DIVISION

Companies Court NO: 4929 OF 2005

IN THE MATTER OF QBE INSURANCE COMPANY (UK) LIMITED

and IN THE MATTER OF QBE INTERNATIONAL INSURANCE LIMITED

and IN THE MATTER OF THE FINANCIAL SERVICES AND MARKETS ACT 2000

NOTICE

NOTICE IS HEREBY GIVEN that on 25 July 2005 QBE Insurance Company (UK) Limited ("QICL") and QBE International

Insurance Limited ("QIIL") applied to the High Court of Justice, pursuant to section 107(1) of the Financial Services and

Markets Act 2000, for an Order sanctioning a scheme (the "Scheme") providing for the transfer to QIIL of the whole of the

general insurance business of QICL.

Copies of a report on the terms of the Scheme prepared pursuant to section 109 of the Act (the "Independent Expert's

Report") and a statement setting out the terms of the Scheme and containing a summary of the Independent Expert's

Report can be accessed at www.qbeukbusinesstransfer.co.uk and will be provided free of charge by writing to QBE UK

Business Transfer, QBE European Operations, 88 Leadenhall Street, London EC3A 3BP, United Kingdom or by emailing

[email protected]

The proposed transfer will result in the business formerly carried on by QICL being carried on by QIIL. The proposed transfer

will secure the continuation by or against QIIL of any legal proceedings by or against QICL that relate to rights and obligations

in respect of the transferred business. All claims being dealt with before the transfer by QICL will following the transfer be dealt

with by QIIL; all claims arising after the transfer will be dealt with by QIIL.

The application is directed to be heard before the Companies Court Judge at the Royal Courts of Justice, Strand, London

WC2A 2LL on 2 November 2005 and any person (including any employee of QICL or QIIL) who alleges that he or she would

be adversely affected by the carrying out of the Scheme may appear at the time of the said hearing in person or by Counsel.

Any person who intends so to appear and any policyholder of QICL or QIIL who dissents from the Scheme but does not

intend so to appear, should give not less than two clear days' prior notice in writing of such intention or dissent, and the

reasons therefore, to the solicitors named below.

DATED this 30th day of August 2005

LovellsAtlantic HouseHolborn ViaductLondon EC1A 2FG

Tel: +44 (0) 20 7296 2000Fax: +44 (0) 20 7296 2001

Ref: C4/BC/CSRSolicitors for QICL and QIIL

Library Update

Recommended Reading

RETAINER LETTERS

Articles

Retainer letters (reprinted from LawSociety Gazette, this article advises onthe contents of retainer letters includingcost, timing and the client’sinstructions)

Writ 2004, 157 (Jul/Aug), 31

Retained to do what?

AFP Consulting: 2005, Writ, 163 (April), 7

Risky business (reprinted fromSolicitor Journal, this article providesguidelines for law firms on riskmanagement and the scope and limitsof solicitors' retainers. Includespractice points for law firms to helpreduce claims in this area.)

Maguire: 2003 Writ, 146 (May), 26-28

Good practice (collection of casestudies and advice for solicitorsincluding the importance of usingretainer letters to set out thecontractual relationship betweensolicitors and their clients)

AFP Consulting: 2004,L.S.G.101(32), 43*

The intricacies of billing clients(offers advice on billing clients andsuggests how to draft retainer letters)

Gibson: 2004 N.L.J. 154(7117),280-281*

* Due to the implementation of the

Copyright Directive this article must be

ordered directly from the publisher

Books available forreference in the Library

Cordery on Solicitors(Looseleaf) Part E, Sections 3 & 4 on “AcceptingInstructions”

Encyclopedia of forms andprecedentsVol 39(1) 1999 Reissue p. 621Includes letters of confirmation ofretainer for probate work,conveyancing services and generalnon-contentious business

Law Society Library Email: [email protected]

New Books in the Library

Zander: The Police and Criminal Evidence Act 1984. 5th edition. Sweet & Maxwell. 2005

Foster: Tripping and Slipping cases: a practitioner’s guide. 4th edition. Sweet & Maxwell. 2005

Sinclair on warranties and indemnities on share and asset sales. 5th edition. Sweet & Maxwell. 2005

Buggy: Recent developments in Northern Ireland employment discrimination law. SLS 2005

Actuarial tables with explanatory notes for use in personal injury and fatal accident cases. 5th edition. TSO. 2004

Davies: Modern law of meetings. 25th edition. Jordans. 2005

The Law Society’s directory of solicitors and barristers 2005-2006. Law Society of England and Wales


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Assessments bySGS YARSLEY ICS Ltd

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

ISO9001/2000 & LEXCELCOMPUTERISED CASE MANAGEMENT

Listed below are some of the companies we have assisted and their respective assessments

For a free consultation/quotation or further information contact;

Gary Millar at GMAPinetree Lodge, 40 Tullyhubbert Road Ballygowan, Newtownards, BT23 6LZ

Tel: 028 9752 8427 Mobile: 07831 530178 Fax: 028 9752 1256

GMA

Arthur Cox NI ISO 9001

L'Estrange and Brett ISO 9001 Lexcel

BCC Legal Department ISO 9001 Lexcel

Johnstons Solicitors ISO 9001

Caldwell Warner Solicitors ISO 9001 Lexcel

Lennon Toner & O'Neill Lexcel

Campbell & Grant Solicitors Lexcel

McFarland Graham McCombe ISO 9001 Lexcel

Campbell Fitzpatrick ISO 9001

MacElhatton & Co ISO 9001

Cunningham and Dickey ISO 9001

Macaulay & Ritchie ISO 9001

Carson McDowell ISO 9001

McKinty & Wright ISO 9001

Carnson Morrow Graham Lexcel

Murphy & O’Rawe ISO 9001

Ciaran Rafferty Solicitors Lexcel

Napier & Sons Solicitors ISO 9001

Comerton & Hill ISO 9001

Nelson Singleton Solicitors Lexcel

D & E Fisher ISO 9001 Lexcel

NIHE Legal Department ISO 9001

Directorate of Legal Services CSA ISO 9001 Lexcel

Paul Ferris & Co ISO 9001

Donaghy Carey Solicitors ISO 9001

Robert G Sinclair & Co ISO 9001

Donnelly Neary & Donnelly ISO 9001 Lexcel

Rosemary Connolly Solicitors ISO 9001 Lexcel

Elliott Duffy Garrett ISO 9001 Lexcel

Rory McShane & Co ISO 9001 Lexcel

Fitzsimons, Kinney & Mallon ISO 9001 Lexcel

Samuel D Crawford & Co Lexcel

George L Maclaine & Co ISO 9001

Sheila McGuigan Solicitors ISO 9001

Gordon F W McIlrath & Co ISO 9001

Stephen Begley & Co ISO 9001

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

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