Writ Redesign 2 (John)

WrittheI S S U E 1 5 3 F E B R U A R Y / M A R C H 2 0 0 4J O U R N A L O F T H E L A W S O C I E T Y O F N O R T H E R N I R E L A N D

Inside this issue...

President’s MessagePage 2

Bright Young ThingsPage 3-4

Risk ManagementPage 8

European LawyerPage 11

Law Centre NIPage 14

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Intelligentia unga formagorNooret kyvykkaat ihmiset

Ertelmes fiatal emberek

Intelligentia unga formagorNooret kyvykkaat ihmiset

Ertelmes fiatal emberek

J O U R N A L O F T H E L S N I F E B / M A R 2 0 0 42

In the last edition of the Writ Imentioned the fact that in thiscurrent year we were faced with athree-fold increase in ourcontributions to the Society’sCompensation Fund. Sadly, byreference to our continuingadverse claims experience, I mayhave been both premature andover optimistic. We continue touncover serious financial defaultand frankly in writing this messageI am having the greatest difficultyin resisting the use of words thatmay cause offence to those of youof a more sensitive disposition.

The Compensation Fund, as youwill know, was set up to provide asafety net for clients who sufferloss due to those of our colleagueswho dishonestly resort to theirclient’s money. I must stress at thevery outset that the number ofsolicitors who do so is so small asto be almost insignificant – youcould count them on the fingers ofone hand. Unfortunately, however,the damage that they inflict isanything but insignificant. Mostdefalcations occur in conveyancingor estates administration becauseof the substantial sums of moneywhich can pass through the booksin connection with relatively smallnumbers of transactions. Further,the dramatic rise in the price ofproperty over the past few yearshas led to a correspondinglydramatic increase in the effect ofsuch defalcations.

The Society is, of course, mindfulof the factors that are likely togive rise to financial default. Ourmethods of monitoring, inspectionand regulation are directed, withinour statutory framework ofpowers, to effective interventionand are always subject to reviewand refinement. Typically wherethere is evidence that clients’monies are at risk the Society canand does intervene. A resolutionof Council is required (often passedat a special meeting convened atshort notice) to apply the relevantSchedule to the Solicitors (NI)Order 1976. A firm’s accounts arenot necessarily frozen immediately

but it will depend on thecircumstances. A range of powersare then available to the Society.Forensic accountants are generallyappointed to ascertain the extentof any defalcation and the Societymay apply to the High Court forinjunctive relief and/or powers ofattorney. If it is consideredappropriate (and it usually is) afirm of solicitors will be appointedto assist the intervention and in-depth investigation on behalf ofthe Society.

At the same time we attempt toforecast sensibly each year theamount we require to levy on eachmember to maintain the Fund at alevel that will be adequate to copewith anticipated claims. In thepast we have sought to minimisethe financial burden by onlylevying the amount necessary tomeet the anticipated requirement:thus in a year where the level ofdishonesty is low, the contributionsin the subsequent year werecorrespondingly low.

Unfortunately the forecasting ofcriminality within the profession isnot an exact science. It isimpossible to predict with certaintywhen the ordure will hit the fan,or just how much ordure will hitthe fan or at what speed the fanwill be rotating when the ordurehits it. But there are somediscernible patterns, on two ofwhich I would like to touch briefly.

First it would appear that there areall sorts of reasons why a solicitormight find himself lookingwistfully at his/her clients money –an over-inflated lifestyle,gambling, drink, pressures of someother kind – and then yielding tothe temptation to use it to gethimself out of a hole. It maycommonly be seen as a quick-fixtemporary measure but invariablybecomes irreversible and the holejust gets deeper and deeper. Itdoes not usually happen inpractices where there is a goodbook-keeper and the postings arekept up-to-date and there is aproper paper trail.

Secondly it needs, of course, to berecognised that the vast majorityof sole-practitioners run theirpractices well and their honesty iswholly unimpeachable. It isnonetheless primarily solepractitioners who tend to makethat fatal move towards theirclient’s money. One reason for thisis that the vital internal check anddiscipline of a partner looking overyour shoulder is missing. On theoccasions where defalcations haveoccurred in firms with two or morepartners, it commonly transpiresthat too much autonomy had beenallowed to a particular partner andthe remaining partners did not getsufficiently involved in each othersaffairs. I understand that keepingan eye on ones partners is not easyas it can imply distrust andsuspicion. However, if it is madepart of the firm’s policy and iscompletely open and transparentthen it can be done and it worksfor everyone’s benefit.

These are the types of factorswhich both practitioners and theSociety cannot afford to ignore aswe go forward and consider whatcan and must be done to preventdefalcations and, however difficultor demanding, to shape and applythe most rigorous standards ofregulation.

John W D PinkertonMarch 2004

President’s Message


You may well wonder whatconnection the British Council haswith law and young lawyers. Theanswer lies in the nature of theCouncil, which is one of those shyinstitutions which do much good ina quiet and unassuming way.

The British Council wasestablished in 1934 whenthe government of theday recognised the needfor an organisation topromote British culture,education, science andtechnology in othercountries, along the linesof existing French,German and Italiancultural organisations.Over the ensuing decadesthe fortunes of the BritishCouncil waxed andwaned but in the end itdeveloped into theUnited Kingdom'spremier international organisationfor educational opportunities andcultural relations.

Promoting links between NorthernIreland lawyers, the legal institutionswithin which they operate and their

Pictured l-r: Maureen Bell; Silvije Cipcic-Bragadin.

BBrriigghhtt YYoouunngg TThhiinnggss

Thanks to aprogramme of theBritish Council, aboutthirty young lawyersfrom many parts ofEurope were able tovisit Belfast for aweek. Some of themstayed even longer.

Pictured l-r: Jana Siebeck; Isabelle Laborde and Regine Guedj.

counterparts in Europe is thereforevery much within the Council remit.The Law Society extends all possibleassistance to the scheme. Theobjectives are to address current keyreform agendas in the legal field by:

• building networks of lawyers across Europe committed to addressing issues of Law Reform.

• creating opportunities for European Young Lawyers to learnlaw and legal issues in the UK through academic and practical training.

This scheme operates annually withEuropean lawyers based inEdinburgh and London where twosix month programmes run inparallel. In addition, there is a oneweek study programme whichfocuses on legal issues distinctive toNorthern Ireland. Options of aplacement in Northern Ireland wereintroduced three years ago and anumber of the visitors are taking upthis invitation. In the past younglawyers from Estonia, France,

Pictured l-r: Jose Miguel Saras Fernandez;Kristin Butecke; Lidija Stopfer and Thomas Berg.


Germany, Poland and Slovakia haveundertaken placements with theOffice of Law Reform, theDepartment of the Director ofPublic Prosecutions and threeNorthern Ireland solicitors firms.

This year, for example, LidijaStopfer from Zagreb is spendingtwo weeks with L’Estrange & Brett.“All that is possible in the shorttime is an overview,” she said,taking time out from the dinnerbeing hosted for the group by theNorthern Ireland Young SolicitorsAssociation (NIYSA) at BelfastCastle. “but it is a wonderful wayto learn. The people here are sovery welcoming. From an Croatianperspective, I am interested in howyou are dealing with humanrights.”

The group’sintroduction thisyear (16th-26thFebruary)immediately onarrival was acomprehensivecoach tour

of Belfast during which they sawboth the good and the bad.

“It is difficult to grasp a correctidea of what life is like Belfastuntil you come and see foryourself,” said Kristin Bueteckefrom Germany. She was well awarethat Berlin’s wall had been pulleddown while Belfast’s peace wallremained very much in place. Butshe had gleaned a context. “Thewall is only in part of the city andclearly normal life is continuingeverywhere else. However, Ibelieve that people here, whohave been very good to us,continue to feel the division intheir society, but keep thosefeelings as far below the surface asthey can. I think people inGermany, where there are alsomany problems, are much more

open about divisions.”

Thomas Berg hails from justoutside Helsinki. “Ilove it. The people

are nice!” Thomasis interested in the

legal structures inNorthern Ireland,which are verydifferent from

those ofFinland. “We

have a great

book of statute law,” he observed,“while you have both statute andcase law. That is more difficult forlawyers, I think. I also now knowthat the UK has three legalsystems.”

A comprehensive programme oftalks, lectures, discussions andsocial events occupied the week,with visits to Queen’s University,the Law Courts and Bar library, theLaw Society, Parliament Buildingsat Stormont and nearby CastleBuildings. At Stormont, they learntabout the political and economicissues of the day. It was an eye-opener for Jose Saras of Madrid,who had known very little of thepeace process until he arrived. “Ihad some knowledge of Belfast, ofcourse,” he said, “but I did notknow about the Good FridayAgreement or about thesuspension of the Assembly. Wehave divisions in Spain, but theyare not the same as here. I am verypleased to be learning about all

this. A lawyer should have aswide a knowledge as possible.”

That sentiment about newknowledge was a thread in the

mind of practically everyone whocommented on the visit. Andthey did sometimes speak aboutthe weather – they thought itwas very mild in NorthernIreland. It was a good week, inevery sense.

Mr Justice Shiel with VesselinaShaleva.

Pictured l-r: Catherine Calvert; Gerry Hawkins; Nuala Sheeran andDavid Edgar.

Pictured l-r: Francesco Totaro; Marta Gasper; Mark McEvoy; JulietteHuard and Mark Robinson.


Mr Alasdair Maclaughlin hasbeen appointed as the LayObserver designate for NorthernIreland, with effect from 16February 2004.

Mr Maclaughlin will officiallysucceed the present LayObserver, Professor VincentMageean OBE, at the beginningof April 2004.

Professor Mageean has held thepost for the past six years.Mr Maclaughlin’s term of officewill run until March 2006.

The role of the Lay Observer is tomonitor complaints being madeto the Law Society of NorthernIreland about the conduct ofsolicitors and the manner inwhich the complaints are dealt

New Lay ObserverDesignate appointed

with by the Society. The LayObserver also has responsibility toconsider allegations made byindividuals who are not satisfiedwith the Law Society’s handlingof complaints.

In addition, the Lay Observer isrequired to publish an AnnualReport which is presented to theLord Chief Justice, the Head ofthe Department of Finance andPersonnel and to the Council ofthe Law Society of NorthernIreland.

Mr Maclaughlin has a wealth ofexperience of businessmanagement both in the publicand private sector.

More recently he has becomeChairman of the Council for

Administration which is thecustodian of the NationalVocational Qualifications inAdministration for the UK. Hehas held senior managementpositions in the Confederation ofBritish Industry (Northern Ireland)and the Ulster Farmers’ Union.

He has also held a number ofsignificant public appointmentsand currently is a member of theNorthern Ireland Probation Boardand the European UnionMonitoring Committee along withacting as a Complaints andAppeals Assessor for the NorthernIreland Council for Curriculum,Examinations and Assessment.

HM Customs & Excise isresponsible for the enforcementof import and export prohibitionsand the collection andadministration of revenues such asVAT, Excise duties, Custom Dutiesand Common Agricultural Policycharges.

The Department is now seekingexpressions of interest for aforthcoming tender exercise forprovision of a service to recoverdebts through the Civil Courtsarising from the above and othertaxes or duties.

Expressions of interest are invitedfrom professional establishmentswho are familiar with the generalprinciples of EU and Customs lawand litigation procedures in bothlower and higher Courts.

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All expressions of interest must bereceived no later than 12 noon on02/04/2004.

For a copy of the full advert &further information please contactMichelle Acton on 0161 827 0235 orby [email protected]

SOLICITORS’ BENEVOLENT ASSOCIATION

Notice is hereby given that theone hundred and fortieth AnnualGeneral Meeting of the Solicitors’Benevolent Association will beheld at the Law Society, BlackhallPlace, Dublin 7 on Wednesday21st April 2004 at 12.30pm.

1. To consider the Annual Report and Accounts for the year ended 30th November 2003.

2. To elect Directors. To deal withother matters appropriate to aGeneral Meeting.

To advertise in the WritIf you wish to advertise in the Writplease contact Karen Irwin for rates,specification and copy deadlines at:

Citigate NI Public Affairs Ltd128a High StreetHolywoodBT18 9HW

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

Civil Recovery of Debt Servicesfor Northern Ireland

J O U R N A L O F T H E L S N I I F E B / M A R 2 0 0 46

Would the next John Grishamplease stand up?

Dear Colleague

Imagine yourself three years from now relaxingon a tropical beach, exotic cocktail in onehand, sultry maiden (or manservant) in theother. Well, it could happen if you respondpromptly to this invitation. Trust me.

As mentioned by the President at the time ofthe recent re-launch of the magazine, we arekeen to encourage contributions, and ideas forarticles, from within the profession. We havereceived favourable feedback on the new-styleWrit. This is encouraging. However the successof the Writ will depend ultimately on itssubstance. This will not happen without yourhelp.

I have absolutely no doubt that within ourranks there are reserves of creative talentwhich remain untapped. As a profession wetend perhaps not to be associated with violetsof the shrinking variety but it is often difficultto get started, and to find time in the midst ofa hectic schedule. In order to help we havedecided to create a Contributors Panel so as toidentify those who would be willing on anoccasional basis to provide something for theWrit. Contributions might be a serious articleon a legal issue or new legislation, a bookreview, or something in a lighter or fancifulvein (“The Runaway Commission”?; “The BistoBrief”?; “The Albatross Client”?) or even apiece of verse (!).

No commitment is involved on your part otherthan to think about contributing something asand when the muse strikes, and to accept anoccasional commission from The Writ.

If you feel you may be able to help, pleaseregister your interest simply by sending yourname and contact details (correspondenceaddress, phone numbers, e-mail address) tome. All that is required at this stage is that youindicate a willingness to be available: no othercommitment is required and you do not needto have any particular article or othercontribution in mind or in hand. Contributionsprepared and accepted for publication will becredited to the author and can be claimed forCPD purposes.

So please pick up your pen, or switch on yourdictaphone/computer. And so as you sit inyour office, harassed and overworked on agloomy Northern Ireland winter day rememberthis: John Grisham had tostart somewhere.

Yours sincerely

JOHN BAILIEEditor

ADVERTISEMENT

On Thursday, 4th December 2003, Belfast Solicitors’ Associationgenerously hosted a party for the Institute of Legal Studies trainees. Aspecial prize was presented to the winning Client Counselling team ofMichelle McVeigh and Anne Kerr.

This party, which has become an annual event, marked the end ofMichaelmas term and the end of the solicitor trainees time at theInstitute. Trainees can be seen getting into the festive mood andenjoying the hospitality of the Association.

IPLS Trainees’ Party


Fermanagh Bar Association Annual Dinner

Retirement of Maurice Butler as President

The Solicitors' Disciplinary Tribunal has a new President. Maurice Butler of Johns Elliot, who has been amember of the Tribunal since 1990 and President for the last 6 years, has stepped down and been replaced byMichael Wilson of Elliott Duffy Garrett. He will, however, remain as a member of the Tribunal for another year.

At the recent annual meeting of the Tribunal, the members were unanimous in expressing to Maurice theirthanks and appreciation of his considerable contribution to the work of the Tribunal, especially in the last fewyears, when with his guidance the Tribunal eliminated the considerable backlog of cases which hadaccumulated.

Reflecting the views of the members, the incoming President paid tribute to Maurice for his leadership andguidance in dealing with the often difficult issues referred to the Tribunal. Particular thanks was due toMaurice for initiating the Tribunal's first Practice Direction which has greatly increased the efficiency of thework of the Tribunal, and the timely disposal of cases referred to it.

Maurice remains in practice with Johns Elliott and will also continue to sit as a Deputy County Court Judge. Hisexperience and mature judgement will be greatly missed.

SOLICITORS' DISCIPLINARY TRIBUNAL

Below: Pictured l-r are EleanorMorris; Dara Montague; NessaMurnaghan; John Pinkerton; JohnMeehan RM and John Bailie, ChiefExecutive of the Law Society.

Above: Pictured at the FermanaghBar Association dinner held on 27thFebruary 2004 at the Manor House

Hotel, Enniskillen are the OfficeBearers, Association guests and

other Association members.


Solicitors complain that if theysupervised at the level expected bytheir insurers, or the LEXCEL qualitystandards, there would be no pointin employing assistants.

Their believe that intensivesupervision keeps senior lawyersaway from their real work ofearning fees from clients.

The popular view is that anunrealistic standard is being set byinstitutions that do not understandthe realities of professional practice– in other words, that staff mustlearn to stand on their own feet,rather than have their hands heldconstantly.

This is based on a misconceptionabout supervision. Unsupervisedstaff, and the mistakes that canthen occur, are a common cause ofnegligence claims. Therefore,competent management of staffshould be at the heart of a firm’srisk management procedures. Firmstoo often neglect basic principles ofsupervision or only put in placeprocedures for junior staff.

Supervision is about havingappropriate procedures fordifferent competency levels of staff.Not all staff need day-to-daysupervision, but all staff needsupport some of the time.Firms should consider a supervisionpolicy based on the followingprinciples:

• Know your staff. Know what experience they have, their skills and aptitudes and their training and development needs. When work is delegated, supervision can then be assessed and put in place.

• Supervision should be appropriate. Junior staff will need close supervision of their day-to-day work, but, as they gain experience and skill, supervision needs to be adjusted to their growing competence. The level of supervision should be set by the complexity of the work and the skill of the practitioner, never by the supervisor’s timetable.

• Supervision must be proactive. Do not wait for staff to come to you. Make sure you have regularmeetings with all staff to review case loads, and set aside time to discuss problem files.

• Communications is the key to good supervision. Too often partners think they have an opendoor policy but do not realise

What Does Supervision Really Mean?that staff may be unwilling to interrupt them.

• Train your supervisors. Most partners supervise in the manner in which they were supervised, so bad, as well as good, practices are perpetuated. Share good practices but change bad ones.

In the long run, supervision paysbecause it reduces the risk ofclaims, enables the firm to profitfrom well-trained and confidentstaff, and provides clients with theassurance that even when dealingwith junior staff, they will have thebenefit of back-up from moreexperienced personnel.

This column was prepared byAlexander Forbes Risk Services UK.

This article first appeared in ‘The Gazette’, the journal of the Law Society of England and Wales, 100/25 26 June 2003.

Four Jurisdictions Conference


The Four Jurisdictions Family LawConference was recently held at theHilton Hotel Belfast. A full report willappear in next month's edition.

The Conference was opened by the LordChief Justice Sir Brian Kerr and amongstthe 280 delegates from England,Scotland, Northern Ireland and Republicof Ireland were Baroness Hale ofRichmond, Dame Elizabeth Butler -Sloss,Mrs Justice Catherine McGuinness andLord Bonomy.

Bank of Ireland was the main sponsor ofthe event. Speakers included PeterDuckworth, Professor Nigel Lowe, DrUrsula Kilkelly, Nigel Williams,Commissioner for Children and YoungPeople in Northern Ireland and CiaranHunter of BDO Stoy Hayward.

Pictured l-r are Lord Chief Justice Sir Brian Kerr; Jackie Pauleyof the Organising Committee; Neil Cooke Head of CorporateBusiness Banking, Bank of Ireland and Ciaran Hunter, BDOStoy Hayward.

Caroline Boston, Joint Chair of theOrganising Committee, addressing thewelcome reception.

Pictured l-r are Mrs JusticeCatherine McGuiness, Supreme

Court of Ireland; Baroness Hale ofRichmond, House of Lords and

Dame Elizabeth Butler-Sloss,President of the Family Division.


3 Hour CPD Courses

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29th June 2004

Enhancing Private Client Profitability

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Employment Law 2004 Update

25th May 2004

24th June 2004

Marketing Minus Mystery

8th July 2004

Negotiating and DraftingCommercial Leases

3rd November 2004

Please return to:The Registrar, Central Law Training,Wrens Court, 52-54 Victoria Road,

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DX 109010 Fitzwilliam.

Tel: (3531) 6445800

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E-Mail: [email protected]

Willing to undertake agencywork on behalf of

Solicitors in NorthernIreland

Contact Marc Fitzgibbon (Partner)

REPUBLIC OFIRELAND AGENTS

The Law Reform AdvisoryCommittee for Northern Irelandhas published Discussion PaperNo 11 on Leasehold Convenantsin Restraint of Alienation.

In this paper, the Committeehas revisited therecommendations made by theLand Law Working Group in itsfinal report in 1990 and hascompared reforms in the areawhich have been broughtforward in England and Walesand the Republic of Ireland. TheCommittee would be verygrateful for comments on itsprovisional views by 30th April2004.

Comments can be sent to theSecretary, Law Reform AdvisoryCommittee for NorthernIreland, Lancashire House, 5Linenhall Street, Belfast BT28AA or emailed [email protected]

NOTICE

The European Lawyer• The European Commission has ordered airline Ryanair to pay back

substantial amounts of financial aid granted by the Walloon Region and Charleroi Airport’s managing body BSCA (Belgium). The Commission has ordered that aid in the form of reduced airport charges should be recovered and the measures withdrawn.However, the Commission has held that some of the aid received by Ryanair is compatible with EU Transport Policy. Ryanair has announced that it will appeal this decision to the European Courts in Luxembourg.

• In March, the European Commission is expected to deliver a decision on the compatibility of Microsoft Corporation’s business practices with European competition law. The Commission has already reached a preliminary conclusion that Microsoft has broken European competition law by refusing to give its rivals information which would allow their servers to work better with Windows-driven personal computers and by ‘tying’ its Media Player program to the rest of Windows.

• In February 2004, the European Union agreed upon a groundbreaking Environmental Liability Directive. This Directive isthe first EU law specifically based on the ‘polluter pays’ principle. It will ensure that future environmental damage in the EU is prevented or remedied and that those who cause it are held responsible. Under this new legislation, it will be the role of public authorities to ensure that responsible operators undertake themselves or finance any necessary preventive or remedial measures. Interestingly, under the system, public interest groups will be allowed to require public authorities to act, if this is necessary, and challenge their decisions before the courts, if thosedecisions are illegal.

• On 12 February 2004, the European Commission adopted a proposal for a Council decision establishing the second European Refugee Fund for the period 2005-2010. The first European Refugee Fund launched EU financial solidarity in the sum of £ 200million to support and encourage Member states’ efforts to receive refugees and displaced persons.

• In the recent judgment of Kuhne & Heitz v Productshap voor Pluimvee en Eieren, the European Court of Justice held that an administrative body in any Member state may be required to re-examine decisions given by it which have become final where it becomes apparent from subsequent judgments of the Court of Justice that those decisions were based on a misinterpretation of European Community law.

FIONNUALA CONNOLLY BL


The European Lawyer• The European Commission has ordered airline Ryanair to pay back

substantial amounts of financial aid granted by the Walloon Region and Charleroi Airport’s managing body BSCA (Belgium). The Commission has ordered that aid in the form of reduced airport charges should be recovered and the measures withdrawn.However, the Commission has held that some of the aid received by Ryanair is compatible with EU Transport Policy. Ryanair has announced that it will appeal this decision to the European Courts in Luxembourg.

• In March, the European Commission is expected to deliver a decision on the compatibility of Microsoft Corporation’s business practices with European competition law. The Commission has already reached a preliminary conclusion that Microsoft has broken European competition law by refusing to give its rivals information which would allow their servers to work better with Windows-driven personal computers and by ‘tying’ its Media Player program to the rest of Windows.

• In February 2004, the European Union agreed upon a groundbreaking Environmental Liability Directive. This Directive isthe first EU law specifically based on the ‘polluter pays’ principle. It will ensure that future environmental damage in the EU is prevented or remedied and that those who cause it are held responsible. Under this new legislation, it will be the role of public authorities to ensure that responsible operators undertake themselves or finance any necessary preventive or remedial measures. Interestingly, under the system, public interest groups will be allowed to require public authorities to act, if this is necessary, and challenge their decisions before the courts, if thosedecisions are illegal.

• On 12 February 2004, the European Commission adopted a proposal for a Council decision establishing the second European Refugee Fund for the period 2005-2010. The first European Refugee Fund launched EU financial solidarity in the sum of £ 200million to support and encourage Member states’ efforts to receive refugees and displaced persons.

• In the recent judgment of Kuhne & Heitz v Productshap voor Pluimvee en Eieren, the European Court of Justice held that an administrative body in any Member state may be required to re-examine decisions given by it which have become final where it becomes apparent from subsequent judgments of the Court of Justice that those decisions were based on a misinterpretation of European Community law.

FIONNUALA CONNOLLY BL

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Agents

All legal work undertaken on an agency basis

All communications to clients through instructing solicitors

Consultations in Northern Ireland if required

Contact:Seamus Connolly S.C. Connolly & Co.Solicitors

Bank Building or Arran HouseHill Street 35/36 Arran QuayNewry Dublin 7County DownTel: (01693) 65311 Tel:(003531) 8725622Fax: (01693) 62096 Fax:(003531) 8725404

BSA On-LineThe BSA website can be found at:

www.belfast-solicitors-association.org

BELFAST SOLICITORS

A S S O C I A T I O N

Alan McQuillan‘POCA – Impact for Solicitors’Thursday 25th March 2004Please note that this lecture begins at 12.30pm withcoffee and sandwiches available from 12 noon. Theprice of this talk is £15 for members & £30 for non-members.

Dr P Bell‘PTSD – An Update’Friday 23rd April 2004

Judge Isobel Brownlee‘Pitfalls for Solicitors in Dealing with InterlocutoryApplications’Friday 30th April 2004

Master Napier‘Taxation Pitfalls for Solicitors’Thursday 6th May 2004

Alastair Rankin‘Legal Problems of the Elderly’Thursday 27th May 2004

Ronald Bentley QC‘How to Maximise Fatal Accident Claims’Thursday 3rd June 2004

Annual Lecture Series 2004


Following from the success of last year’s eventthe Association is hosting a wine tasting atCompendium Wines, Alanbrooke Road, BelfastBT6 9PR on Tuesday 30th March 2004 at 7.30pm. Neil Groom of Compendium will presentthe tasting and the wine shop will be open on

the eveningfor thosewishing topurchase.

The cost for the tastingis £5.00 per person,which should be

Sarah Witchell‘Conveyancing – the Future’Thursday 17th June 2004

Paul Kerr‘Taxation – an Update’Thursday 7th October 2004

Tony McGleenan‘Human Rights Law in Practice; Ana analysis of recent NIJurisprudence – the up to date position’Thursday 4th November 2004

Joe Rice‘Presenting Cases in Magistrates Court’Thursday 2nd December 2004

All seminars will take place at Law Society House. Coffeeand sandwiches will be available from 12.30pm and thetalks will start at 1.00pm.

The cost of all lunchtime seminars is £10 for BSAmembers and £20 for others.

Cheques payable to the BSA, c/o The Administrator, BSA,Suite 7, Merrion Business Centre, 58 Howard Street,Belfast BT1 6JP.

Wine Tasting - 30th March 2004sent to BSA Administrator, 58 HowardStreet, Belfast BT1 6PL to arrive by 26

March. Please makecheques payable to“Belfast Solicitors’Association” andinclude details of youre-mail address forconfirmation to be sent

to you. If you requirefurther information pleasecontact Gavin Patterson on

028 9031 2020.


Bulletin of Northern Ireland Law

A vacancy has arisen for a sub-editor on the Bulletin of NorthernIreland Law. The post involves writing summaries of NorthernIreland Supreme Court decisions. No specialist knowledge is

required, but accuracy and adherence to the editor’s deadlines isextremely important.

An honorarium is payable to sub-editors.

If you are interested or would like to find out more about the workinvolved, please contact the Editor at SLS

(9033 5224 or email [email protected])

Child and Family Law Update

A vacancy has arisen for a contributor to Child and Family LawUpdate which is a journal published twice yearly by SLS LegalPublications. The post involves writing summaries of cases and

legislation and would suit someone who specialises in this area.

An honorarium is payable to contributors.

If you are interested or would like to find out more about the workinvolved, please contact the Editor at SLS

(9033 5224 or email [email protected])

Both posts will enable practitioners to be at the cutting edge oflegal developments and would also qualify for CPD purposes.

SLS Legal Publications would like torecruit solicitors or barristers to the

following posts:

PSNI NOTICE

For the attention of all solicitorscorresponding with Police inNorth Down District CommandUnit.

Please help us to help you.If your correspondence isaddressed correctly, the responsefrom us will be quicker, that’sguaranteed.

Please address all letters to:The CJU Admin UnitNorth Down PSNICastle Park AvenueBangorBT20 4BN

Thank you foryour help inthis matter.

NOTICE...

Messrs D M Kane & Co havemoved to new premises at AbbeyChambers, 7 Farmley Road,Glengormley, Newtownabbey,County Antrim BT36 7TY

Our telephone number is: 028 9083 7586

Our fax number is:028 9084 1460

Our DX remains as DX2704 NRGLENGORMLEY

FOR SALESolicitor’s practice in Coleraine.This is a general practice with agood client base both Legal Aidand private. Ideal for Solicitorwishing to develop own practiceor wishing to expand.Reply in confidence to:-

PO Box 128c/o Citigate Northern IrelandPublic Affairs Ltd128a High StreetHolywoodCo DownBT18 9HW


In the recent GB case of CCS 28582002, Commissioner Howell heldthat the Child Support Agency(CSA) has been incorrectlydeducting capital allowanceswhen assessing the earnings of anon resident parent who is a self-employed trader. The ruling in thiscase resulted in the non-residentparent’s Child Support paymentincreasing from £11.28 to £343.73and has wide reachingramifications for approximately50,000 other Child Supportassessments concerning self-employed traders in Britain andup to a thousand cases inNorthern Ireland. The Law Centreunderstands that the non residentparent is appealing the decisionto the Court of Appeal.

Background

Since the implementation ofParagraph 2A of the ChildSupport (MiscellaneousAmendments) Regulations 1999(as inserted at Regulation 2(A)Child Support (MaintenanceAssessments and Special CasesRegulations (NI)1992), the CSA hasused the income declared to theInland Revenue in self-employedtraders’ tax returns as the basis ofChild Support calculations.The1999 Regulations wereintroduced to ease anadministrative burden as, prior totheir implementation, the CSAhad the cumbersome duty ofcompleting separate assessmentsfor self-employed traders.

In CCS 2858 2002, the nonresident parent owned a car hirecompany. In the tax year endingMarch 2000, he had profits of£81,380 but when deductionswere allowed for capitalexpenditure on his car hirebusiness – such as buying new carsand depreciation of his stock – histaxable income for InlandRevenue purposes was only

Child Supportassessments and capital allowances

£9,380. The mother appealed theassessment on the ground thatthe CSA had incorrectly appliedthe formula contained in theregulations.

The issue in dispute centred onthe interpretation of Paragraph2A of the 1999 Regulations.Paragraph 2A defines a self-employed trader’s income as the‘total taxable profits’.

Commissioner Howellcommented that the 1999Regulations were ‘unforgivablyambiguous’ as the term ‘totaltaxable profits’ was not defined.Accordingly, there could be twointerpretations of the term,namely that it either covered theannual trading profit net ofallowance revenue expenses,which is the profit chargeable toincome tax under Schedule D orthat it was the amount less thecapital allowances the trader canclaim against it for the tax yearin question, which is the netfigure carried to taxable incomein working out the tax a personactually has to pay. The use ofthe latter led to a much lowerfigure for total taxable profitsand a smaller payment of ChildSupport.

The CSA practice was to followthe latter interpretation of theRegulations, namely by using thenet figure on the self-assessmentreturns. Commissioner Howell,however, held that this practicewas incorrect and he decided infavour of the formerinterpretation of total taxableprofits. Prior to theimplementation of theRegulations on 4 October 1999,no deduction was applied forcapital allowances. TheRegulations did not introducesuch a substantive change of lawas to allow for a deduction ofcapital allowances.

Implications

Commissioner Howell’s findings,although not binding, arestrongly persuasive in NorthernIreland. Accordingly, parents withcare who have currentassessments involving nonresident parents who are self-employed traders should considerrequesting a reassessment oftheir maintenance calculations onthe grounds that the originalassessment was erroneous in law.

The decision (CCS 2858 2002) canbe found atwww.osscsc.gov.uk/decisions/do.

A guide to finding decisions onthe internet can be found atwww.lawcentreni.org/searching_for_Commissioners_Decisions.htm.

The Law Centre has receivedfunding from the Social SecurityAgency under its welfare reformmodernisation programme toprovide Child Support advice andrepresentation at appeals andbefore the Social SecurityCommissioner. The service is Northern Irelandwide. Contact SiobhanMcCormack 028 7126 2433,9.30am to 1pm, Monday, Tuesdayand Wednesday.

Siobhan McCormackChild Support AdviserLaw Centre (NI)

CONTINUAL PROFESSIONALDEVELOPMENT

Law Centre courses attract CPDpoints for solicitors. Contact:Training Department, Law Centre(NI), 124 Donegall Street, BelfastBT1 2GY. Telephone: 028 90244401.


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FORTHCOMING EVENTS

The NIYSA would like to invite its members to attend the

“SPRING FORWARD” FOUR NATIONS CONFERENCE FOR YOUNG SOLICITORS

FRIDAY 14TH MAY – SUNDAY 16TH MAY 2004

VENUE – THE HILTON NEWCASTLE-UPON-TYNE GATESHEAD

We will be hosting the conference jointly with the Scottish Young Lawyers Association, the Society of Young Solicitors ofIreland and the Trainee Solicitors Group of England and Wales.

There will be a full programme of CPD lectures on the Friday and Saturday. As always there will be a Gala Ball on Saturday night.

You are encouraged to contact any NIYSA committee member to register your name for a place at the conference. The registration cost will be confirmed shortly although we can advise that as in

previous years, the first thirty places will be offered at a considerably subsidised rate.

NIYSA EASTER DISCO

O’NEILL’S BAR

4 JOY’S ENTRY, BELFASTTHURSDAY 8TH APRIL 2004

9.00PM – LATE

ADMISSION: £5.00

NORTHERN IRELAND YOUNG SOLICITORS’ASSOCIATION PRESENTS A LUNCHTIME

LECTURE ON:

JUDICIAL REVIEW & THE HUMAN RIGHTS ACT

Speaker: Gordon Anthony

Date: Thursday 6th May 2004

Time: 1pm- 2pm (tea, coffee and sandwiches from12.30 pm)

Venue: Law Society House, Victoria Street, Belfast

Cost: £10 for members of the NIYSA* and £20 fornon- members.

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

Cheques and Booking Forms to NIYSA c/o CatherineCalvert, Caldwell Warner Solicitors, Floral Buildings, 4East Bridge Street, Belfast BT1 3NQ Fax to 028 90595301. E- mail to [email protected]

* All Solicitors aged 36 or under are automaticallymembers of the NIYSA.

BOOKING FORM

NAME

FIRM

ADDRESS

E-MAIL ADDRESS

TEL

NUMBER OF PERSONS ATTENDING

I ENCLOSE REMITTANCE OF £


NORTHERN IRELAND YOUNG SOLICITORS’ASSOCIATION PRESENTS A LUNCHTIME

LECTURE ON:

PRACTICE MANAGEMENTSTANDARDS

Speaker: Mary Norton, Client Manager SGS UnitedKingdom Ltd

Date: Friday 2nd April 2004

Time: 1pm- 2pm (tea, coffee and sandwiches from12.30 pm)


Cost: £10 for members of the NIYSA* and £20 fornon- members.

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

Cheques and Booking Forms to NIYSA c/o CatherineCalvert, Caldwell Warner Solicitors, Floral Buildings, 4East Bridge Street, Belfast BT1 3NQ Fax to 028 90595301. E- mail to [email protected]

* All Solicitors aged 36 or under are automaticallymembers of the NIYSA.

BOOKING FORM

NAME

FIRM

ADDRESS

E-MAIL ADDRESS

TEL

NUMBER OF PERSONS ATTENDING

I ENCLOSE REMITTANCE OF £

NIYSA MEMBERS’ DATABASEThe NIYSA is presently compiling a database of its members’ e mail

addresses. We propose to e mail members about upcoming NIYSA CPDlectures/seminars and events. If you wish to be notified of these, please

contact Catherine Calvert at Caldwell Warner Solicitors, Floral Buildings, 4East Bridge Street, Belfast BT1 3NQ E mail [email protected] Tel: 028 9059 5300


EMPLOYMENT LAWYERS’ GROUP(NI)

Sec. John O’Neill, Thompsons McClure Solicitors,171 Victoria Street, Belfast

E-mail: JohnO’[email protected]

Chairperson Adam Brett

Hon. Treasurer Orlagh O’Neill

Speakers: Scott Alexander, Arbitration Secretary, Labour Relations Agency

Noel Kelly, Solicitor, Arbitrator

Date: Friday 19 March 2004

Time: 1pm (tea coffee and sandwiches from 12.30pm)


Cost: Members £5, Non-members £10.

Attendance at this seminar will provide one hour's CPD entitlement

Lunchtime Seminar

The LRA Unfair Dismissal Arbitration Scheme:The Story So Far. A View from both sides of the fence.

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

Booking forms and cheques, payable to The Employment Lawyers' Group (NI), should be sent to our Treasurer, Ms Orlagh O’Neill, Napier & Sons, Solicitors, 1-9 Castle Arcade, High Street, Belfast BT1 5DE.

Booking Form

Name

Firm

Address

I enclose remittance of

£

I enclose cheque for £20.00 made payable to ELG (NI)

Name

Firm

Address

Tel (work) E-mail

MembershipThe Employment Lawyers' Group welcomes new members.Membership fees are now due for 2003-04. Membership Fee for theyear is £20. Please return the form below to our Treasurer, Ms OrlaghO'Neill, at the address cited above, with cheques made payable toEmployment Lawyers' Group (NI).

Membership Form


Companies Registry is moving!From Tuesday 23 March 2004 Companies Registry will operate from new premises on the 1st Floor, Waterfront Plaza, 8 Laganbank Road, Belfast BT13LX. Our last day of business in Chichester Street will be Friday 19 March 2004.

Accessing Company Information

As well as our physical relocation to new offices, the move will mark some changes to the way in which company information canbe accessed.

The hard copy files currently held at our Chichester Street office will not be transferred to the Waterfront Plaza, instead they willbe held at an off-site storage facility in Mallusk. As a result, hard copy files will no longer be accessible on immediate demandfrom our office.

Electronic-Access

We are confident that the impact of hard copy files not being readily available will be offset by the expansion of our e-accessfacilities. We have scanned and stored electronic images of company information most frequently requested over the last 4 yearsand from December 2003 have been scanning all new information received. As a result we are now able to offer a greatlyenhanced e-access service. Telephone Contact Centre

The most convenient way for customers to access company information will be to telephone the Companies Registry ContactCentre. Simply telephone -

• 028 9023 4488, up to and including Friday 19 March

• 0845 6048888, from Tuesday 23 March

and you will be connected to one of our dedicated Contact Centre team. You may then request and pay for the informationrequired (by credit/debit card or on account) and the documents will be emailed to you. This facility represents a significantenhancement of our access service, saving you time and resources by removing the need to visit the Public Office.

E-Accessibility At Our Public Office

In addition to our telephone Contact Centre customers visiting Waterfront Plaza will be able to access our database of informationelectronically through Public Accessibility screens located in the Public Office – this information can be printed/paid for and retainedby the customer.

Requesting Hard Copy Files

We fully expect to be able to accommodate the vast majority of customer requests through our electronic records database.However, in the event that the information required is not available electronically it will be possible to: -

• Request that the required information be sought from the stored file and emailed to you. The cost of this service will be £2.00 search fee + copy fees additional.

• Request that the hard copy file be retrieved from storage for perusal in the Public Office. If such a request is made in the morning the file should be available that afternoon; for afternoon requests the file should be available the following morning.The cost of this service will be £2.00 search fee + copy fees additional.

• In exceptional circumstances or in extremely urgent cases, request that the hard copy file be retrieved from storage and brought to the Public Office for perusal within one hour. The cost of this service will be £5.00 + copy fees additional.

We are very much looking forward to the move and believe that the new premises, combined with the new access facilities willgreatly enhance our service to our customers.

In the meantime, if you require any further information on the relocation of Companies Registry or have any questions or queriesregarding the changes to our access facilities please do not hesitate to call the Contact Centre or visit our website(www.companiesregistry.detini.gov.uk).

Yours faithfully

Rosaleen McMullan, FOR COMPANIES REGISTRY

Registry of Companies, Credit Unions& Industrial Provident & FriendlySocieties


A privately owned resort hotel with a magnificent elevated location providing wonderful views across theTweed River Valley and the Scottish Borders. This award winning hotel provides an excellent range of leisureactivities on site as well as an ideal place in which to explore the historic Border towns or go shopping inEdinburgh only 50 minutes away. The hotelis particularly well suited to families withits own designated children’s play roomand facilities in addition to a superbindoor leisure complex and health club.

Please find booking form opposite andfurther details on conference on websitewww.lawsoc-ni.org

Every year in Northern Ireland, almost 10,000 people die from a Chest, Heart or Stroke related illness. However, we can leave our children the priceless legacy of a healthier tomorrow. The NI Chest Heart &Stroke Association is working today - providing support and advice, funding research in hospitals anduniversities - so that we can help find a cure for tomorrow.To continue our work, we rely on legacies and voluntary donations, with ALL money raised spent onhelping people in Northern Ireland.

For a leaflet on leaving a legacy to NI Chest Heart & Stroke Association please phone 028 9032 0184Or write to us at our temporary address:

Chamber Of Commerce House, 6th Floor,22 Great Victoria Street, Belfast BT2 7LXAlternatively, ask your solicitor for a leaflet.

Life is precious. Your legacy is priceless.

www.nichsa.com

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Peebles Hotel Hydro ScotlandFriday 26th March – Sunday 28th March 2004

Conference Theme - “Money Laundering”

2004 Northern Ireland Law Society Conference

For help withpersonal injury

claims in England & Wales

contact:

John WhitcroftLL.B. Hons (QUB)

Solicitor(Admitted NI 1978)

Tel. No: 0117 922 77 40Fax. No: 0117 925 02 02

Email: [email protected]

59 Queen Charlotte StreetBristol, BS1 4HL

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Member of The Association ofPersonal Injury Lawyers

Member of the College of Personal Injury Law


Names:

Firm:(if applicable)

Contact address:

Tel: emailType of room:

Double Twin Family Single

Special Dietary Requirements:

If children attending please specify names and ages:

Children’s rates for weekend when sharing adults room: up to 2yrs £15.00, 3-6yrs £45.00, 7-12yrs £52, 13-16yrs £70. Children’s rate includes high tea, breakfast and lunch.Please indicate if Baby sitting required – Friday evening Saturday eveningSpecial activities will be arranged to entertain children of all ages - Kidz Korner (under 12’s).

Golf Competition

Names and handicap:

Contact: Rory McShane Tel 30266611 email [email protected]

Pre bookable activities - Trip to Edinburgh, Saturday 2.00pm - 6.30pm

Names including children taking this trip

Other Leisure activities to be booked and paid for direct with the hotel – contact number 01721 720602 Website: www.peebleshydro.com

• Fishing • Horse riding • Mountain Biking (Tel: 01721 721736)• Badminton (free) • Tennis (free)

Conference Booking FormFriday 26 and Saturday 27 March 2004Peebles Hotel Hydro, Peebles, Scotland£220 per person sharing, £280 single

• 2 nights bed and breakfast• Friday - drinks reception and dinner• Evening entertainment• Saturday Conference Business Session• Light lunch

All cheques to made payable to:

Law Society of Northern Ireland and sent with booking form toClair Balmer Public Relations 229 Mountsandel Road Coleraine BT52 1TB

Tel: 028 7035 3217 (mobile 07703444740) Email: [email protected]

• Edinburgh Shopping Trip• Conference Golf Competition• Champagne reception• Gala Dinner and Ceilidh• Special children’s programme

Missing

Re: Albert Hill DeceasedLate of 127 Church Road,Glengormley, Newtownabbey, CoAntrim.Would any person havingknowledge of the whereabouts ofany Will of the above nameddeceased dated after the 21st dayof September 1987 please contact:-D M Kane & CoSolicitorsAbbey Chambers7 Farmley RoadGlengormleyNewtownabbeyCo Antrim BT36 7TYTel: 028 9083 7586Fax: 028 9084 1460

Re: Annie Sarah McConnell(Deceased)Late of 27 Tycur Road, Dunbreen,Omagh, County TyroneDate of Death: 8th October 2003Would anyone having knowledgeof the whereabouts of a Will forthe above-named Deceased, pleasecontact:Bronwen Loughran-LoweOliver M Loughran & CompanySolicitors9 Holmview TerraceCampsie RoadOmaghCo TyroneBT79 0AHTel: 028 8224 1530Fax: 028 8224 9865

Re: Ellen McGuinnessLate of Our Lady’s Nursing Home,Beechmount, Belfast and formerlyof 23 St James’s Park, BelfastDate of death: 21st February 2000Would any person havingknowledge of the whereabouts ofa Will for the above nameddeceased please contact:James Doran & CoSolicitors19-21 CornmarketBELFAST BT1 4DBTel: 028 9024 0440Fax: 028 9043 9482

WillsMissing

Land Certificates


Re: Elizabeth Fowlie (nee McCaughley)Late of 7 Manor Park, Lurgan, CountyArmaghDate of Death: 1st October 2003Would any person having knowledgeof the whereabouts of any Will of theabove named please contact:-Harry McPartland & Sons Solicitors11 Market StreetLurganBT66 6ARTel: 028 3832 2452Fax: 028 3834 9561Ref: OM/SM

Re: Aaron Dodds DeceasedLate of 48 Hillhead Road, Ballyrussell,Dundonald, BT16 1XDWould any person having knowledgeof the whereabouts of any Will of theabove named deceased pleasecontact:-James Murland & CompanySolicitors15 English StreetDownpatrickCo Down BT30 6APTel: 028 4461 9980Ref: MG/RB/Dodds

Folio: LY17328LCounty: LondonderryLands at: 261 Kylemore Park,LondonderryTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above mentionedFolio shall forthwith produce saidCertificate or communicate suchinformation to the undermentionedsolicitors.

And further take notice that unlessthe said Land Certificate is soproduced or adequate informationas to its whereabouts is socommunicated within three weeks ofpublication of this notice, a duplicateLand Certificate may be applied for.Barr & CompanySolicitors57 Clarendon StreetDerryBT48 7ER

Folio: 23186 County ArmaghRegistered owner: Noel FrancisMorganLands of Kennedies, 2 Anns Terrace,Milford, County ArmaghTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above mentionedFolio should forthwith produce saidCertificate or communicate suchinformation to the under mentionedsolicitors.

And take further notice that unlessthe said Land Certificate is soproduced or adequate informationas to its whereabouts is socommunicated within three weeks ofpublication of this Notice, aduplicate Land Certificate shall beapplied for.Gordon Wallace & CoSolicitors17 College StreetArmaghCo ArmaghBT61 9BTTel: 028 3752 3676Fax: 028 3752 5577

Assistant solicitor required for busyBallymoney Practice. Experience incommercial conveyancing and/orestate planning and probate will bean advantage. Salary commensuratewith experienced. Good careerprospectsApply with CV to:Greer, Hamilton & GaileySolicitors27 High StreetBallymoneyCounty AntrimBT53 6HS

Assistant Solicitor required foremployment law practice inNewtownards.Part-time hours available.Application forms obtainable from:Alana Jones40B Frances StreetNewtownardsBT23 7DNTo be returned by the closing date ofFriday 26th March 2004.An equal opportunities employer.

AssistantSolicitors Required


Folio: 31364County: AntrimRegistered Owner: Riverside TextilesLimitedLands at: Belmont Road, AntrimTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above mentionedFolio shall forthwith produce saidCertificate or communicate suchinformation to the undermentionedsolicitors.

And further take notice that unlessthe said Land Certificate is soproduced or adequate informationas to its whereabouts is socommunicated within three weeksof publication of this notice, aduplicate Land Certificate may beapplied for.John Elliot Solicitors40 Linenhall StreetBELFASTBT2 8BA

Folio: 34206County: DownRegistered Owner: Brice WilsonSmythLands at: Tullintanvally AnnacloneTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above mentionedFolio should forthwith produce saidCertificate or communicate suchinformation to the undermentionedsolicitors.

And further take notice that unlessthe said Land Certificate is soproduced or adequate informationas to its whereabouts is socommunicated within three weeksof publication of this notice, aduplicate Land Certificate may beapplied for.Cleaver Fulton RankinSolicitors50 Bedford StreetBELFASTBT2 7FWTel: 028 9024 3141Fax: 028 9024 9096Ref: GCR/EVB/17996/3

Folio: 1342 County AntrimRegistered owner: WilliamMcMullanLands of LisnagaverTake notice that any person havingcustody of or information as to the

whereabouts of the Land Certificaterelating to the above mentionedfolio should forthwith produce thesaid Certificate or communicate suchinformation to the under mentionedSolicitors.

And further take notice that unlessthe said Land Certificate is soproduced or adequate informationas to its whereabouts is socommunicated within three weeksof publication of this Notice, aduplicate Land Certificate may beapplied for.Bernadette MulhollandSolicitors37 King StreetMagherafeltBT45 6AR

Folio: 6491LCounty: DownRegistered Owner: Heather LynneBuchananLands at: 14 Gray’s Park Drive,Shaw’s Bridge, Belfast, County DownBT8 7QFTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above mentionedFolio shall forthwith produce saidCertificate or communicate suchinformation to the undermentionedsolicitors.

And further take notice that unlessthe said Land Certificate is soproduced or adequate informationas to its whereabouts is socommunicated within three weeksof publication of this notice, aduplicate Land Certificate may beapplied for.L’Estrange & BrettSolicitorsArnott House12/16 Bridge StreetBELFASTBT1 1LS

Folio: AN 39754County: AntrimLands at: 39 Tullynewbank Road,Glenavy, County AntrimTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above mentionedFolio shall forthwith produce saidCertificate or communicate suchinformation to the undermentionedsolicitors.

And further take notice that unlessthe said Land Certificate is soproduced or adequate informationas to its whereabouts is socommunicated within three weeks ofpublication of this notice, a duplicateLand Certificate may be applied for.Messrs Conway, Todd & CoSolicitors22 Market SquareAntrimBT41 4DT

Folio: 41131County: DownRegistered Owner: DesmondMcGivernTake notice that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above mentionedFolio shall forthwith produce saidCertificate or communicate suchinformation to the undermentionedsolicitors.

And further take notice that unlessthe said Land Certificate is soproduced or adequate informationas to its whereabouts is socommunicated within three weeks ofpublication of this notice, a duplicateLand Certificate may be applied for.Paul J Kennedy LLMSolicitor9 Church StreetBanbridgeBT32 4AA

Locum solicitor required to covermaternity leave. Experience inlitigation and matrimonial workessential. Please apply in writing,enclosing a CV to:

E J Lavery & CompanySolicitors1 Hightown RoadGlengormleyCo AntrimBT36 7TZ

Locum Solicitor Required


SolicitorsRequired

Solicitor required for Property,Commercial and Business matters.Candidates should ideally be twoyears qualified and have an interestin the above areas of practice.Further details available from thePractice Director.

Please apply with CV by Friday 26thMarch 2004 to:Cheryl Parks, ACAPractice DirectorIan J MacCorkell SolicitorPrivate Client & Commercial LegalPractice29 Wallace AvenueLISBURNBT27 3QETel: 028 9266 9555Fax: 028 9266 9777Email: [email protected]

Solicitor Required for WarrenpointPractice. Conveyancing & Probate anadvantage.Excellent Working Conditions.Attractive remuneration package.

Replies enclosing full CV to:-2 The SquareWarrenpointCounty Down BT34 3JTor by e:mail to:[email protected]

McFadden Perry Solicitors require aSolicitor to work in our busy CityCentre branch. Experience in allareas of general practice required toinclude good working knowledge oflitigation and debt work. Idealcandidate will have at least threeyears’ PQE, the ability to lead, andwill be motivated, energetic andambitious.

Please apply by CV to:-Miss Lois Dunn109/113 Victoria StreetBELFASTBT1 4PDOr by email:[email protected]

City Centre practice seeksenthusiastic and committedLitigation Solicitor with 1-3 years’PQE. Excellent prospects for theright candidate. Apply in writingenclosing current CV to:-

The Staff PartnerMcIldowies SolicitorsSecond Floor65/67 Chichester StreetBELFASTBT1 4JD

W B Thompson & Co Solicitors wishto recruit an ambitious, personableand well-motivated Solicitor, withpartnership potential.Three years’ PQE preferred.Candidate should have good generalexperience and particularly inpersonal injuries litigation,employment law and criminal law.Familiarity with computerised CaseManagement systems would be anadvantage.

Excellent working conditions andremuneration package.

Please apply in writing to:The PartnersW B Thompson & CoSolicitors36 Catherine StreetLimavadyCounty Londonderry BT49 9DBEmail: [email protected]

We require a full time solicitor towork in our Personal Injurydepartment. The successful applicant will haveexcellent computer/keyboard skillsand have a proven track record ofgood fee generation and over threeyears experience. A knowledge ofRepublic of Ireland litigation wouldbe an advantage, but not essential.

Remuneration offered is on a basicsalary/commission basis and isuncapped. The more fees generatedthe greater your wage.

Applicants should forward CV bypost or email to the address below.Closing date is Friday 2/4/2004.Gary Matthews Solicitors Limited, 12John Mitchel Place, Newry, CountyDown, BT34 2BPEmail: [email protected]

Experienced Conveyancing/Probatesolicitor available for part-time/locumwork. Apply in writing to PO Boxnumber 129, c/o Citigate NorthernIreland Public Affairs, 128a HighStreet, Holywood, Co Down BT189HW.

Solicitor seeking employment in July2004Newly qualified in Scotland returningto Northern Ireland to requalify athome. Trained at well knownEdinburgh firm in corporate, ruralconveyancing, commercialconveyancing, matrimonial and civillitigation. Seeking workpreferably in matrimonial/civillitigation in Banbridge, Lisburn orBelfast.

Please contact:PO Box 127c/o Citigate Northern Ireland PublicAffairs Ltd128a High StreetHolywoodCo DownBT18 9HU

Solicitor seeking position. Newlyqualified in England and Wales.Trained in commercial, residential andcivil litigation. Worked for a year asa paralegal in a high street practice inNorthern Ireland. Please contact POBox 126, c/o Citigate Northern IrelandPublic Affairs, 128a High Street,Holywood, Co Down BT18 9HW

SolicitorsSeeking Employment

Urgently require Matrimonal or Conveyancing

Solicitor Belfast City Centre

Interested? Contact Colm @ Pertemps

02890236999 e-mail colm.cunningham@

pertemps.co.uk

Pertemps Legal

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Our client, one of Northern Ireland’s largest and most successful

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SENIOR SOLICITORThe successful candidate will have at least 10 years experience in Contract and Litigation. The person to be appointed will beresponsible for the legal department of one of Northern Ireland’sleading international companies.

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Candidates should send full personal, career and salary details, quotingreference number 5983, to Geraldine Lloyd, KPMG Executive Searchand Selection, Stokes House, College Square East, Belfast BT1 6HD.Tel: 028 90 243377 Fax: 028 90 893893 E-mail: [email protected]

The closing date for receipt ofapplications is the 26th March 2004.

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Legal Appointments

Litigation Solicitor, South Belfast.Excellent opportunity to join prestigious practice. 2-5 yrs PQE.

Locum, Belfast, 6mth contract.Large public sector body seek experienced Solicitor to work in their Litigation department. Possibility ofposition going permanent.

3 x Conveyancing Solicitor, Belfast.Superb opportunity to join well established firm. Experience in both Residential and Commercial Conveyancingessential. Excellent remuneration package. 1-9 yrs PQE.

Conveyancing & Litigation Solicitor, Mid Down.Well respected firm seek ambitious & successful lawyer to manage a dynamic practice. The emphasis onthe role will be Residential Conveyancing. 3 yrs + exp.

Conveyancing Solicitor, South Down.Medium sized practice seek experienced Lawyer to specialise in both Commercial and ResidentialConveyancing. Opportunity for career advancement.


The full list of abstracted decisions isnow included with the currentawareness list of recent journal articleswhich accompanies The Writ as aninsert.

IN THE MATTER OF AN APPLICATIONBY RONALD BOWDEN AND OTHERSFOR LEAVE TO APPLY FOR JUDICIALREVIEWApplication for leave to apply forjudicial review of decision ofDepartment of Social Development tomake a vesting order in respect ofproperties at Victoria Square Belfast. -whether Court has jurisdiction toentertain challenge to validity of Order.- whether application had been madein accordance with rules of court. -HELD that application should beamended and Interim Order madesuspending operation of Vesting Orderuntil further order madeQUEENS BENCH DIVISION17 DECEMBER 2003WEATHERUP J

IN THE MATTER OF AN APPLICATIONBY KIERAN JAMES CUNNINGHAM FORJUDICIAL REVIEWApplication for judicial review of PSNIand Resident Magistrate's decision toremand applicant in police custodyunder art 47 (4A) and (4B) of theMagistrates' Court (NI) Order 1981. -whether compatible with art 5 ECHR. -detention under PACE Order 1989. -decision of RM quashed and held thatart. 47(4B) is not incompatible with art.5 ECHRQUEENS BENCH DIVISION5 FEBRUARY 2004WEATHERUP J

IN THE MATTER OF AN APPLICATIONBY RONALD FOSTER FOR JUDICIALREVIEWApplication to challenge grant ofplanning permission. - whether site toosmall to accommodate proposedresidential development. - whether inkeeping with area. - whether adverseimpact on value of surroundingproperties. - whether privacy ofresidents compromised. - duringconstruction it was clear that the sitecould not accommodate houses and

High Court,Court of Appeal and Tribunal Decisions

garages. - amended applicationsubsequently submitted and planningpermission granted. - whether this wasin breach of art. 6 ECHR. - whetherbiased or irrational decision underWednesbury principles. - applicationdismissedQUEENS BENCH DIVISION9 JANUARY 2004KERR J

IN THE MATTER OF THE LOCALGOVERNMENT ACT (NI) ACT 1972 INTHE MATTER OF AN APPLICATION BYJGS SERVICES LTD, SIMON NC JONESAND NIGEL TJ BROWNApplication under Local GovernmentAct (NI) 1972 for an order challengingthe validity of vesting order made byDepartment for Social Developmentpurporting to vest in fee simple theapplicant's premises and requiringvacant possession. - application byrespondents for order striking outapplication on ground it was not madewithin specified time. - HELD that itwas fair to applicants to have toadhere to time limit and that the Courtdoes not have the power to extend thetime limit. - originating motion struckoutQUEENS BENCH DIVISION13 JANUARY 2004WEATHERUP J

SCALENE INVESTMENTS LIMITED andDEPARTMENT OF SOCIALDEVELOPMENTDate of expiration of one monthperiod of publication of Vesting Ordernotice. - date on which vesting orderbecomes operative. - HELD thatoriginating motion was within thestatutory time limit and that Court hadjurisdiction to hear the applicant'schallengeCHANCERY DIVISION19 JANUARY 2004WEATHERUP J

IN THE MATTER OF A SOLICITORSolicitor - Solicitors (Northern Ireland)Order 1976 - claims for possession ofhouse - Convention right to home -interference with property rights -whether making order proportionate -ECHR Article 8 and Article 1 Protocol 1

CHANCERY DIVISION23 JANUARY 2004GIRVAN J

R V MCCANDLESS, TREVOR,JOHNSTON, STEPHEN ANTHONY,JOHNSTON, PAUL JAMES, ANDERSON,SAMUEL, SCOTT, KENNETH JOHNAppeals against sentence andapplications for leave to appeal againstsentence. - cases heard together inorder to review levels of sentencing inlife sentence cases. - determination ofprinciples upon which sentencersshould act when fixing minimum terms.- Life Sentences (NI) Order 2001 tariffsCOURT OF APPEAL9 JANUARY 2004CARSWELL, LCJ NICHOLSON LJ, KERR J

TRIBUNAL DECISIONS

ANDERSON, PAULINE V MINISTRY OFDEFENCEINDUSTRIAL TRIBUNAL, 28 MAY 2003,405/02ITApplicant member of Armed forces. -jurisdiction of tribunal to hear unfairdismissal and redundancy selectionapplication. - whether breach of art.6right to fair trial under ECHR. - tribunaldecided that Human Rights Act 1998precluded the bringing under domesticlaw of an effective claim by a memberof the Crown armed forces. - tribunalhad no jurisdiction to hear application

CREE, STEPHEN V CHALLENGEINDUSTRIAL TRIBUNAL, 3 APRIL 2003,414/02ITDisability discrimination. - whether thetribunal had jurisdiction to hearcomplaint in view of time limits set outin Disability Discrimination Act 1995. -tribunal did not consider delayinordinate. - applicant profoundly deafand at no stage had services ofinterpreter and therefore did not fullyunderstand nature of procedure. -tribunal accepted the applicant's delaywas because of lack of understanding,and it was just and equitable to extendtime for presentation of applicant'sclaim

GARVEY, EILEEN V RAYMOND CASSIDY,JIM O’HARE BOARD OF GOVERNORS


LibraryUpdate

Recommended Reading

Data Protection and theDurant v FSA case

Durant v Financial ServicesAuthority Discusses whether the FSA wasrequired to disclose informationheld in manual files. It alsoconsiders the definition of arelevant filing system for thepurposes of the Data ProtectionAct 1998[2003] EWCA Civ 573 (CA) Times, January 2, 2004 (CA)

P v Wozencroft[2002] EWHC 1724

These cases are available fromthe Law Society Library or BAILII- http://www.bailii.org/

Legislation

Data Protection Act 1998http://www.legislation.hmso.gov.uk/acts/acts1998/19980029.htm

Law Society Library Email:

[email protected]

1. Waterworth: A practitioner’s guide to drafting trusts. 2nd ed. Butterworths. 2003.

2. Matthews and Ageros: Health and safety enforcement: law and practice. Butterworths. 2003.

Editor: John Bailie. Published by the Law Society

of Northern Ireland, 98 Victoria St. Belfast, BT1 3GN

The views expressed are not necessarily those of the Law Society

of Northern Ireland.

Copy deadline for AprilTuesday 23rd March 2004

OF RATHFRILAND HILL SCHOOL ANDSOUTHERN EDUCATION AND LIBRARYBOARD INDUSTRIAL TRIBUNAL, 3 JULY2003, 228/02ITDisability discrimination. decision on apreliminary hearing.- whetheroriginating application was presentedwithin specific time limit.- date whencomplaint crystallized. The unanimousdecision of the tribunal is that theapplicant's originating application waspresented within the specified timelimit.

HENRY, KEVIN V MONTUPETINDUSTRIAL TRIBUNAL, 2 JULY 2003,OO325/00IT Unfair dismissal. - misconduct. -applicant subject to disciplinary actionand dismissed for leaving workplaceearly without permission. - whetheremployer's reaction was reasonable orfair. - whether appeal was fairlyconducted. - tribunal decided thatapplicant was not unfairly dismissedand applicant's claim dismissed

MCCLELLAND, FLORENCE VCONSIGNIA, MICAHEL KENNEDY ANDSTEWART MORTON INDUSTRIALTRIBUNAL, 26 MARCH 2003, 461/02ITUnfair dismissal. - whether breach ofapplicant's contract of employmententitling her to resign. - applicationdismissed

MCPARLAND, PATRICK V BELFAST CITYCOUNCIL FAIR EMPLOYMENTTRIBUNAL, 30 APRIL 2003, 014/01FETClaim of unlawful discrimination byway of victimisation. - applicant notshortlisted for post even though hefulfilled criteria. - tribunal decidedthat applicant was unlawfullydiscriminated against and adjournedhearing for date to be fixed todetermine remedy

All decisions listed here and in theaccompanying insert are available infull text from the Libero databasewhich can be accessed free of charge.

Articles

Courts show reluctance to orderdata protection compliance: P vWozencroft and Durant v FinancialServices AuthorityTurle: 2003 CLSR 19(3) 232-235

Court rules on access to manualdata Taylor: 2003 P.L. & B.U.K.N.10(Mar), 5

Case law: relevant filing systemand rights of access2002 D.P. & P.P. 8, 32-36

Employment law brief (discussesthe Durant case)Smith: 2004 NLJ 154 (7114) 171-173

Media law (whether the mentionof an individual's name in adocument meant that it could beclassified as "personal data" underthe Data Protection Act 1998Melville-Brown: 2004 L.S.G.101(03), 31

New Books in the Library

3. Davis: Tolley’s taxation in corporate insolvency and rescue. 5th ed. 2003.

4. Vindis and Ritchie: MIB claims practice and procedure under the 1999 Agreement (Special Bulletin). 2nd ed. Jordans. 2003.

Documents

Writ Redesign 2 (John)