16 October 1995

The Lawyer

  • A safe haven in the sun

    17-Oct-1995

    Until recently, the effectiveness of the Cayman Islands as a safe haven for the investors' nest egg was under question. Could the islands afford any protection against the creditors of a settlor who set up a Caymans trust to protect assets?This question was brought about by an old English statute, the Fraudulent Conveyances Act 1571 (more commonly known as the Statute of Elizabeth), and the issue of its applicability to Cayman law.The effect of the statute ...

  • A spirit of fair play

    17-Oct-1995

    Richard Bagley ('What's in Mears' title?' The Lawyer 10 October), in calling for a five-year executive presidency for the Law Society, misses the essential point that the post is (and indeed Mr Mears was) democratically elected. The secretary general carries out policy, the president is crucial to its formulation. The two roles are quite distinct.If Law Society presidents were appointed for half-a-decade at a time, they would instantly ...

  • A Succesful Campaign?

    17-Oct-1995

    Anna Dunford, head of the private client department at Birmingham-based firm Herbert Wilkes, has a mixed response to 'Make a Will Week'."Our large city office does not pull any more business through the door in 'Make a Will Week', because its clients simply do not respond to that kind of advertising. The kind of clientele walking past our high street branch, however, see the posters up in the window and come in," she says.Trainee solicitor, ...

  • A tryst with a trust

    17-Oct-1995

    The lid is about to be lifted on the Cayman Islands' mutual funds industry. Auditors Coopers & Lybrand has been instructed to co-ordinate a survey to find the true size of the Caymans' fund business. It is thought the Islands are the home to at least 2,000 funds and mutual funds, and mutual fund administrators have been regulated since the enactment of the Mutual Funds Law in 1993.There are some 1,000 active regulated mutual funds in the Cayman Islands with about ...

  • Accountant takes over the controls at Richards Butler

    17-Oct-1995

    RICHARDS Butler has abolished the post of managing partner and appointed an accountant to oversee the running of the firm.The move promotes finance director Chris Schulten to the newly-created job of chief executive, while former head Ken Ollerton, who had worked as managing partner for the past four years, returns to his practice as a commercial litigator.The choice of a non-lawyer for the top job is a first for any of London's top 15 firms."The ...

  • Annual IT awards

    17-Oct-1995

    Helen Sage reportsThe Society for Computers and Law is holding its annual awards for law firms which develop innovative applications for IT. The award is a chance to air uses of IT in law firms to the rest of the profession and its IT advisers. John Irving, of BDO Stoy Hayward and this year's chair of the judges, said: "I believe that many partners or IT specialists involved with systems in the legal profession may feel that the award is for 'quantum ...

  • Arab connections

    17-Oct-1995

    Arab lawyers working and studying law in the UK will be able to form professional and social links with colleagues from the region through a new networking society. Set up by law student Loma Tai and Asmaa Al-Adhamy, who joins Allen & Overy as a trainee in March, the Arab Lawyers Association also aims to raise awareness of the importance of Arab lawyers in Anglo-Arab transactions and cases. For further information contact Al-Adhamy on 0171 925 0440.

  • Ashursts India office wins stay of execution

    17-Oct-1995

    ASHURST Morris Crisp has been granted a temporary reprieve in India after the Court of Justice refused to suspend its licence as injunctive relief in a battle with local lawyers.However, the court admitted the writ petition of the Bombay Lawyers Collective, which claims foreign practitioners, licensed to act only as conduits between clients and parent offices, are flouting local rules and acting in a "totally illegal and unregulated manner".In its preliminary ...

  • Avon challenges tendering bias ruling

    17-Oct-1995

    A challenge by Avon County Council to a ruling that it was guilty of discrimination in its handling of five tenders for waste disposal contracts is now imminent.In January last year the Appeal Court over-ruled an earlier High Court decision and quashed the council's decision, ruling that unsuccessful waste disposal tenderer Terry Adams had been unfairly treated.A company set up by the council, Avon Waste Management (AWM), won the contract.

  • Bakers' assistant cleared of assault

    17-Oct-1995

    A SOLICITOR with City firm Baker & McKenzie has been cleared of attacking a gay airline steward in a brawl at a cashpoint machine.Stephen Sumpton was acquitted at Southwark Crown Court of assaulting Neil Chambers causing actual bodily harm.Sumpton, a 27-year-old assistant at Bakers, was alleged to have assaulted Chambers after shouting homosexual abuse at him.

  • Bar and Aclec clash over witnesses

    17-Oct-1995

    The Bar Council's decision to allow more contact for witnesses has been challenged by the Lord Chancellor's Advisory Committee on Legal Education and Conduct (Aclec).In a letter to the Bar Council Aclec says it has "considerable reservations" about the proposed amendments to the current rules.It adds that the committee "has expressed considerable concern at the Bar's purported general waiver of the current rule. The committee does not believe ...

  • Bar stands firm against direct access plan

    17-Oct-1995

    The Bar Council has warned Labour against plans for direct access and multi-disciplinary practices for barristers and its threat to refer the legal profession to the Monopolies and Mergers Commission (MMC).Bar Council sources said the Bar made clear its support for Labour's reforms where they were in the public interest. But those reforms could be compromised if the Bar is tied up in a time-consuming and unnecessary MMC reference.Bar chair Peter Goldsmith ...

  • Bigger and better than ever, the only awards for the legal profession are gearing up to receive your entry

    17-Oct-1995

    Is client care at the top of your firm's agenda? Does your company employ the best in-house lawyer in the business? Is your firm or chambers making waves in its use of information or technology?For the second year running, The Lawyer in association with Halifax Independent Financial Advisers (HIFAL) announces a series of awards recognising standards of excellence across the legal profession.The outstanding success of last year's awards, the first ever ...

  • Brechers trio defect to Mishcons

    17-Oct-1995

    Three former Brecher & Co property lawyers - two partners and a senior assistant - have joined Mishcon de Reya one week after the merger of Brechers with City firm Nicholson Graham & Jones.Former equity partner Susan Freeman becomes an equity partner with Mishcons and former junior partner Nick Doffman and senior assistant Ian Paul join as junior partners.The department ...

  • Children of God case returns

    17-Oct-1995

    Appeal judge Lord Justice Ward is to return to the High Court bench this week for a 20 October hearing in a mammoth case he heard while he was a Family Division judge. Although the hearing will be in private, he will make public his judgment in the case, the longest ever wardship action to come before UK courts. The hearing centres on a religious sect called the Children of God, which was founded in the 1960s. It involves an application by a London woman, whose daughter ...

  • Chinese course

    17-Oct-1995

    The School of Law at China's Wuhan University is offering a distance learning course in Chinese commercial law for people living outside the republic. The course, prepared in both English and Chinese, covers aspects of law regulating business activities in China. Supervision for the course, suitable for those specialising or wanting a grounding in Chinese commercial practice, is provided by Wuhan faculty-members. Contact the university on (+852) 25449330.

  • City firm takes Elite

    17-Oct-1995

    Helen Sage reportsCity firm Charles Russell has signed contracts with specialist US software supplier Elite for the implementation of its new practice management system. The 230-staff firm plans to go live with Elite in June 1996 and is the smallest firm to make a commitment to the information system.

  • Client survey finds support for Woolf

    17-Oct-1995

    COMMERCIAL court users have backed the bulk of Lord Woolf's proposals for civil justice reform but argued against plans to force parties to disclose their instructions to experts.A survey of 35 Simmons & Simmons' clients and contacts, including banks, insurance companies, financial institutions and corporations, showed there was support in principle for most proposals.But, in line with the majority of the legal profession, ...

  • Couderts suffers further staff losses

    17-Oct-1995

    THE REVOLVING door at Coudert Brothers has turned again with three associates, including newly-recruited UK tax specialist James Benger, quitting to form their own firm.Michael Chissick, who started with Couderts three years ago, and former Clifford Chance lawyer Claire Nelson, who joined in June, opened as Nelson Chissick last week.Benger, who also joined from Clifford ...

  • Could Mudge Rose have been rescued?

    17-Oct-1995

    WITH less than three months to go until the doors slam shut on yet another US law firm, the New York legal market has again become flush with attorneys looking for new professional homes.In the weeks surrounding its 2 October dissolution decision 126-year-old Mudge Rose Guthrie Alexander & Ferdon released almost 200 lawyers onto the market, many of them long-serving partners.Set to follow the same route as lawyers from defunct New York firms Lord Day & Lord, ...

  • Court IT. In the running for the legal system

    17-Oct-1995

    Powerful, billion-dollar multi-national corporations will have intimate involvement in civil and criminal court information systems for the first time next year, raising serious questions that the legal profession is so far failing to ask.Right now, five foreign-based companies are tendering for the £50-70 million contract to run the UK's court computer systems via "outsourcing". That is, taking responsibility for development, ...

  • Court IT. In the running for the legal system

    17-Oct-1995

    EDSSubsidiary of General Motors based in Plano, Texas. Worldwide turnover of $10.05 billion in 1994. Operations in 40 countries, with 80,000 employees. Offices in 20 European countries, with 16,000 staff. In 1994, increased European turnover by 29 per cent to $1.8 billion. Market leader in IT outsourcing.Relevant experienceHas IT outsourcing contracts with Inland Revenue (worth £1 billion over 10 years), DVLC ...

  • Court IT.In the running for the legal system

    17-Oct-1995

    This week five foreign multi-nationals - two US, two French and one German - making four separate bids will receive final tender documents from the LCD.These are: EDS, Unisys, Sema Group jointly with Bull Information Systems and Siemens Business Systems (see adjacent panel).According to one source: "The intention is for the supplier to computerise as much as possible."The LCD's statement of requirement was advertised ...

  • Dibbs turns screws on Knight Williams

    17-Oct-1995

    Dibb Lupton Broomhead is intensifying its work for the action group representing investors who lost money with crashed financial adviser Knight Williams.The firm has recruited leading insolvency practitioner Neil Cooper, partner at accountants Robson Rhodes, and is formulating a strategy to help win compensation for what is thought to be £8 million in losses among more than 400, largely retired, investors.Neil Micklethwaite, Dibbs' litigation chief ...

  • Doctor in the set

    17-Oct-1995

    John Malpas reportsA former doctor has made the transition to the Bar to join Devereux Chambers as a tenant. Dr Dijen Basu, who has just completed his pupillage at the set, is currently doing employment, personal injury and commercial work but hopes his medical background will help him to specialise successfully in medical negligence work. Dr Basu spent a year working as a junior hospital doctor before retraining as a barrister.

  • Dublin firm capitalises on ceasefire

    17-Oct-1995

    A TOP firm of Dublin solicitors is opening a Northern Ireland office in one of two moves announced last week to capitalise on the fertile post-ceasefire legal market.Arthur Cox will open an outlet in Belfast on New Year's Day. Two partners and an associate will be based in Belfast.The launch - believed to be the first time a southern firm has branched out in the North - will focus on commercial work.Arthur Cox chair James O'Dwyer said the ...

  • Event pushes cash for management review

    17-Oct-1995

    John Malpas reportsCHAMBERS are being alerted to the availability of funding to help them bring management systems up to date.News of the funding was broken to the Chambers in Crisis workshop at the Bar Council's recent conference.Nobody in the audience appeared aware of the cash available from training and enterprise councils (Tecs), which will fund as much as 50 per cent of a management review - a possible cash injection of around £6,000.

  • Ex-barrister takes helm at Wragges

    17-Oct-1995

    FORMER barrister Quentin Poole has been named as the new managing partner of Birmingham firm Wragge & Co, 14 years after switching to the solicitor's profession.Poole takes over from Christopher Hughes who returns full-time to the corporate department.Hughes, described by Poole as one of the region's "hard-hitters", previously held the post for two years.Appointed ...

  • Ex-pupils head to Fountain

    17-Oct-1995

    John Malpas reportsA FORMER dentist is among the four latest recruits to Birmingham's 5 Fountain Court set.Nageena Khalique (pictured second left) has joined the set's personal injury and medical negligence section after completing 12 month's pupillage.The other three new tenants to join Fountain were also former pupils.They are (left to right) Rachel Cotter, Rachael Price and Robert Smallwood.Head of chambers ...

  • Facts

    17-Oct-1995

    General: There are about 130 lawyers practising on the Cayman Islands and 25 law firms all of which practice local law.Ten of the firms have offshore practices, with five of these being mainly offshore practices; the remaining 15 have a mixed practice, which includes exclusively local practice in areas such as litigation and conveyancing. Almost all the law firms on the islands have been expanding.List of Relevant StatutesThe Trusts Law ...

  • Financings

    17-Oct-1995

    Beale & Co advised Indorama International Finance on its issue of 1.75 per cent Convertible Notes 1995-2000 of 40 million Swiss Francs convertible into shares of PT Indorama Synthetics

  • Financings

    17-Oct-1995

    Addleshaw Sons & Latham advised ECI Ventures in its further £1 million investment in the Devonshire Pub Company

  • Financings

    17-Oct-1995

    The Liverpool office of Davies Wallis Foyster advised Hoylake-based publishing company the Newhall Group in a repurchase of 22.5 per cent of its own shares. Black Norman & Co in Crosby acted for the vendor.

  • Flotations

    17-Oct-1995

    SJ Berwin & Co acted for Graduate Appointment

  • Flotations

    17-Oct-1995

    Paisner & Co acted for the Media Business Group

  • Hi-tech teacher talks

    17-Oct-1995

    Helen Sage reportsThe Association of Law Teachers is holding a conference on electronic publishing and the law teacher on 27 October at Birkbeck College, London. The event will look at the implications of electronic publishing on the law teacher as author, researcher and teacher. It will also review and use examples of electronic publishing.

  • Hodge to fight 'maverick' Mears

    17-Oct-1995

    DEFEATED presidential candidate Henry Hodge has declared open war on Martin Mears revealing the existence of a caucus of Law Society Council members actively organising to oppose him.In a defiant response to Mears' solicitors' conference call for his supporters to challenge sitting council members at the next elections, Hodge has accused the president of using the Law Society as a vehicle to peddle his own right wing views."There is a group of council ...

  • Human rights/prisons. A job to die for

    17-Oct-1995

    Human rights defenders are fighting on the frontline to realise the United Nations (UN) Universal Declaration of Human Rights ideal that all people should be free from "fear and want". They can be lawyers, journalists, peasant leaders, trade unionists, students, relatives of victims or anyone who denounces and investigates persecution and oppression. They take action when human rights are threatened, break the silence to protect the weak and hold the powerful to account.Lawyers ...

  • Human rights/prisons. Should we sentence our judges to prison?

    17-Oct-1995

    Should prison visiting play any part in the training of a judge? How many of the judges pictured outside Westminster Abbey at the start of this legal year have ever been inside a jail? Should they be more aware of what goes on day after day behind the prison's walls?I have just spent two years in prison - twelve different prisons to be exact - but I was lucky enough to come home at the end of each day.I was interviewing inmates during research for my book, ...

  • In brief: Durnford Ford trial

    17-Oct-1995

    Last week we wrongly stated that William Digby Bew of collapsed firm Durnford Ford was accused with Graham Durnford Ford of stealing £8.5 million from clients and faced one count of theft. We wish to point out that there has never been any suggestion that Bew stole money from clients. He faces four counts of furnishing false information contrary to Section 17 Theft Act 1968.

  • In brief: Group advises on 'jobs for the girls'

    17-Oct-1995

    The Young Women Lawyers group will be holding a 'job opportunities' evening on 19 October at Conway Hall, Red Lion Square, London. The evening is aimed at students and applicants for traineeships or pupillages, as well as the newly qualified and unemployed. Advice and information will be on offer from partners in City and high street firms, barristers dealing with pupillage applications and Law Society and Bar Council representatives. For further information contact Sam James ...

  • In brief: Instant guide to Irish litigation

    17-Oct-1995

    A new guide for UK lawyers on litigation in Ireland was launched in London by the Irish Minister for Justice, Mrs Nora Owen TD. The guide, Litigation in Ireland - A Comparative Guide for Lawyers in England and Wales, was produced by Irish firm McCann Fitzgerald, to provide lawyers already accustomed to the civil procedure system in England and Wales with a quick means of familiarising themselves with the Irish system.

  • In brief: LAB accused of 'running legal aid agenda'

    17-Oct-1995

    The Legal Aid Board has been accused of overstepping its role and setting the pace for legal aid reform by the Legal Aid Practitioners Group. An editorial of the group's journal Legal Aid News claims to have identified "worrying trends" suggesting the board rather than the Lord Chancellor's Department is "running the legal aid agenda". "As a conduit between the profession and the public purse, the board should be a follower rather than a leader of government policy."

  • In brief: Legal aid for divorce to be reassessed

    17-Oct-1995

    The Lord Chancellor has been urged to reconsider his current legal aid proposals and introduce a limited certificate, based on civil legal aid eligibility, to give divorcing couples access to advice from their own solicitors throughout the mediation process. In its response to the Green Paper on legal aid, the Solicitors' Family Law Association (SFLA) proposes that solicitors would apply to have the certificate extended if a case went to court or if more extensive legal advice ...

  • In brief: Question over TSG role in working parties

    17-Oct-1995

    Details of the three presidential working parties to tackle conveyancing, communication and training are yet to be released. Lists of the candidates were presented to the Law Society Council on 21 September, but president Martin Mears said some members still had to be contacted to confirm their willingness to take part. He denied the delay was due to a wrangle over whether a representative from the Trainee Solicitors Group should be on the training working group. TSG Chair Richard Moorhead ...

  • In brief: Theodore Goddard comes clean

    17-Oct-1995

    City firm Theodore Goddard has come top in the Clean City Awards. Organised by the Corporation of London, the awards are designed to encourage businesses to look at how they manage their waste and help make the City a safer, cleaner and more pleasant place. Receiving the award at a Guildhall ceremony, Simon Stubbings, managing partner of the firm, said: "I am pleased that our concern for the environment has been recognised by this award."

  • International litigation. When home rule is right

    17-Oct-1995

    THE Accountability of UK-based multi-national companies to the UK courts for damage caused by subsidiaries in developing countries is both necessary and fair.It is necessary because developing countries do not often have the legal machinery nor the political will to prosecute multi-nationals in civil or criminal law. Furthermore, funding in the form of legal aid or a contingency system is rarely available for individuals to pursue claims there. In practice, there ...

  • International Litigation.Get on with the neighbours

    17-Oct-1995

    In an era of increasing multi-state transactions and consequential litigation, it is time to increase awareness of other legal systems and codes.The massive expansion of the international marketplace during the 1980s was epitomised by the rapid growth of a number of apparently powerful multi-national conglomerates. This was followed in the early 1990s by the dramatic collapse of some of these organisations, whose management and financial inadequacies showed them ...

  • Irish name change

    17-Oct-1995

    Irish law firm Rory O'Donnell & Company Solicitors has changed its name after signing a number of lawyers from the commercial department of Limerick's Murray Sweeney. The new firm, O'Donnell Sweeney, is headed by former Murray Sweeney lawyer Joe Sweeney who joins as managing partner. The move takes the firm, which will have a staff of 70, into the country's top ten.

  • Kevin Perry advises reading Appeal Court procedures in detail. BYLN:

    17-Oct-1995

    Kevin Perry is national head of litigation at Pinsent Curtis.Since the mid-to-late 1980s efforts have been made to refine the mechanics of the appeal process to produce a streamlined and efficient system for clients, practitioners and the judiciary.While the refinements that have been made have led to greater efficiency within the Appeal Court process, it is arguable whether one of the primary aims, that of reducing the amount of time from initiation ...

  • Law Soc backs Taylor in sentence row

    17-Oct-1995

    The Law Society has strongly supported the Lord Chief Justice's unprecedented attack on the Home Secretary's plans for tougher sentences for burglary and violent offences.A spokesman criticised Home Secretary Michael Howard's move into the preserve of judicial discretion describing it as another step toward a "totalitarian State".Roger Ede, secretary of the society's criminal law committee, said the society fully backed the Lord Chief Justice ...

  • Litigation Disciplinary Tribunals 17/10/95

    17-Oct-1995

    RICHARD JOHN WAKEFIELD, 43, admitted 1979, practised as Richard Wakefield & Co, Shoreham, West Sussex, struck off and ordered to pay £1,289 costs. Allegations substantiated he dishonestly and improperly used client money for his own purposes or those of other clients, breached accounting rules by wrongly drawing client money, wrongly allowed cheques to be signed by persons other than those permitted by rules.TIMOTHY ...

  • Litigation Personal Injury 17/10/95

    17-Oct-1995

    Melvyn v Post Office - QBD 27 July 1995Claimant: Bernard Melvyn, 50Accident: Postal worker hit by sacks of mailInjuries: Plaintiff sustained back injuries after being hit by six sacks of mail thrown down a chute at a depotAward: Agreed damages of £12,500Judge: Sir Michael Ogden QCPlaintiff's solicitors: Simpson ...

  • Litigation Recent Decisions 17/10/95

    17-Oct-1995

    Taxation on damages awarded to Lloyd's NamesDeeny v Gooda Walker (1995).CA (Simon Brown LJ, Peter Gibson LJ and Saville LJ) 5/10/95.Summary: Whether damages awarded to Lloyd's Names for losses to underwriting business are subject to income tax.Appeal by defendant managing agents against ruling that the £300 million damages awarded to Lloyd's names by Justice Phillips in Deeney v Gooda Walker & ors (1994) (QBD ...

  • Litigation Writs 17/10/95

    17-Oct-1995

    Ships engineer, Pietre Sannister, 49, of Hadleigh, Benfleet, Essex, is suing James Fisher and Sons, of Barrow-in-Furness, over back injuries he claims he received after an engine room fire in 1992. He claims he now has to wear a corset, take medication, is extremely restricted in activities and suffers from degenerative lumbar spondylosis as a result.Writ issued by Bates & Partners, Southend. S1m

  • Local AWB group

    17-Oct-1995

    John Malpas reportsWomen barristers on the western circuit are being invited to join a branch group of the Association of Women Barristers. The new Western Regional Group of the association is being set up by barrister Helen Fields of 18 Carlton Crescent in Southampton. "The AWB organises very interesting events but it is difficult to get into London to attend them," said Fields. "I thought it would be a good idea to set up a local support and information ...

  • Lowe gets SCB consultancy

    17-Oct-1995

    SOLICITORS Complaints Bureau head Veronica Lowe will still have some influence over the bureau's future despite her decision to resign at the end of the month.Lowe will be working under secretary general John Hayes until she leaves the Law Society at the end of the year.In a message to staff she revealed she had been asked by Hayes to start considering how the responses to the Law Society's Supervision of Solicitors consultation paper "can be assessed ...

  • Make a Will Week raises its profile

    17-Oct-1995

    Making or not making a will, can have dramatic consequences. The recent dispute over the will of actress Jill Bennett may be considered fortunate timing as ‘Make a Will Week’ looms. In this case one solicitors firm denied liability for negligence in not having her will executed.The Bennett case follows an action - White v Jones - which went to the House of Lords earlier this year. In this it was held that the solicitors had negligently delayed the preparation of a will by ...

  • Mears is not representative of the profession

    17-Oct-1995

    "The public shouldn't get the idea that an odd fish called Martin Mears is in any way representative of the profession."A summer away from Law Society politics appears to have had an invigorating effect on Henry Hodge.After the self-imposed purdah out of the political limelight since his defeat at the polls he has broken cover in a dramatic fashion."Martin Mears has his own political agenda - he wants to be a famous right-wing commentator," he ...

  • Names issue writ against Clyde & Co

    17-Oct-1995

    Lloyd's Names are suing Clyde & Co, a major legal player in the Lloyd's insurance market in connection with one of the biggest pieces of Lloyd's litigation to date.Clyde & Co said it will contest the action.The 4,000-member Sturge Names Action Group (Snag) is instructing Eversheds ...

  • Partner agrees not to poach former clients

    17-Oct-1995

    A LEGAL dispute between a pensions partner and her former firm was settled as it reached court last week when she gave an undertaking not to poach clients.National firm Hammonds Suddard took action against former partner Anne Taylor after she joined the pensions department of Manchester firm Halliwell Landau.Taylor, who worked in Hammonds' Manchester office, promised not to approach her former clients or disclose information which is confidential to the ...

  • Peer defends equality organisations

    17-Oct-1995

    A KEY architect of the Equal Opportunities Commission and the Commission for Racial Equality has accused Law Society president Martin Mears of "ignorant demagoguery".The Liberal Democrat peer and lawyer Lord Lester, who helped set up the two bodies in the 1970s as a special adviser to home secretary Roy Jenkins, has expressed astonishment at Mears' claims they may have "outlived their usefulness".He said the right to be treated equally was a fundamental ...

  • Put quality before price

    17-Oct-1995

    Compared to buying a house, taking out a pension or entering the National Lottery, making a will ranks a poor last on the list of priorities for most people.More than half the population has not made a will and will therefore die intestate. Their property will be administered under the so-called intestacy rules which are widely thought to be unsatisfactory - a situation which will not be dramatically improved by the forthcoming Law Reform (Succession) Act.In ...

  • QBD actions this month

    17-Oct-1995

    Imminent jury actions in the Queen's Bench Division for hearing this month include: Ratner v Chief Constable of Lancashire (23 October); Bar-Hillel v Tomison (not before 23 October); Spencer v Express Newspapers plc (not before 23 October); Alpin v Blott (not before 23 October).

  • Residents protect properties

    17-Oct-1995

    Six Surrey home owners and their legal team are celebrating a High Court victory even though they failed in the main aim of their action.Nevertheless, the case has important implications for the 'care in the community' programme with its emphasis on moving mentally handicapped patients from hospitals to sheltered community housing.The group of Camberley home owners opposed plans to house five Heathlands Mental Health NHS Trust patients in a three-storey ...

  • Society rejects funding proposal

    17-Oct-1995

    The Law Society has spoken out against a bill proposed by left-wing Labour MPs to fund a "nationalised" legal service.MPs Austin Mitchell and Tony Benn are campaigning for a "National Legal Service" with a set of radical proposals indicating a potential Labour split over its legal policy.The proposals include a complete scrapping of legal aid and use of its budget to create a public defender system.Labour's policy, framed in Paul Boateng MP's ...

  • Sports group scores a hit with lawyers

    17-Oct-1995

    A FIRM of Scandinavian lawyers is among more than 40 practices interested in joining a new network for sports law practitioners.Ole Borch, of Berning Schluter Hald, contacted the organiser after reading about the embryonic group in The Lawyer.Borch, whose firm has offices in Stockholm, Oslo and Helsinki, chairs a government committee set up to examine contracts for professional footballers in Scandinavia.He wrote to William King, partner at Grimsby ...

  • Sullivans launches press leak inquiry

    17-Oct-1995

    HIGH-FLYING US litigator Steven Holley is the subject of an internal investigation at his firm Sullivan & Cromwell after he handed over sealed court papers to a reporter.Holley, a partner with the prestigious New York firm, last month provided Business Week legal editor Linda Himelstein with documents relating to Sullivan's client, Bankers Trust.The documents, ...

  • The Lawyer - it's on the case

    17-Oct-1995

    I see. It's the president (of the Law Society) now, is it? Why not martin mears as well? Would that not show suitable disrespect. Or the lord chancellor even? Now I can agree with that one.Presumably all this indicates what a trendy, upbeat publication yours is - unlike the Gazette which still sadly writes of President. Much more of this and you will earn an entry into Private Eye. Sorry, private eye.Philip Kirkland28-28 Commercial ...

  • The Lawyer Inquiry: Claire Shaw

    17-Oct-1995

    Claire Shaw is an assistant solicitor with Burton Copeland. She was born in Stockport, Cheshire, in 1965 and now lives in London. What was your first job?Silver service waitress complete with red crimplene waistcoat.What was your first ever salary as a lawyer?£10,000.What would you have done if you hadn't become a lawyer?Acting - I'd ...

  • Theodore Goddard oversees TSB deal

    17-Oct-1995

    Theodore Goddard has played a key role in the Lloyds Bank £5 billion takeover of TSB, a deal set to create a £15 billion financial services giant.Theodore Goddard, TSB's lawyers since the bank's 1986 flotation, worked with teams from Freshfields and Linklaters & Paines to complete the deal.Freshfields, lawyers to the Bank of England, was brought in to advise ...

  • This is no 'get rich quick' scheme

    17-Oct-1995

    Last week, the president of the Law Society accused our industrial tribunals of collaborating in a "racket". This accusation, if true, would be a serious indictment of our system of justice. Fortunately, it is not true, indeed it is rooted in a profound misunderstanding of the issues and presents a deeply distorted picture.Martin Mears claimed that "some tribunals have allowed themselves to be hijacked (all too willingly, I fear) ...

  • Time for ADR to play its part

    17-Oct-1995

    The latest publication of the Financial Law Panel (FLP), Alternative Dispute Resolution in Commerce and Finance, was sent to the panel's subscribers and other interested parties last week.It contains a brief guide to the types and sources of ADR available to people handling most types of business disputes.An increasing amount of attention is being paid to ADR methods, and varying degrees of official recognition have recently underlined its potential.

  • Time for brickbats and a few bouquets

    17-Oct-1995

    The recent Which? survey on solicitors, for all its failings, has some valid points.The question of costs is one which the profession still has to come to grips with although there has been much improvement on this score since the Law Society introduced its guidelines.However, there is much room for manoeuvre and firms need to constantly check their procedures to ensure they are dealing with this aspect of business in as professional a manner as ...

  • Timely advice

    17-Oct-1995

    If correctly marketed, the Law Society's annual 'Make a Will Week' could provide many solicitors with instructions for the preparation of wills from existing clients and from new clients.While it is more difficult for the promotional week to have any impact on those few City firms which still prepare wills or on other large London firms, it provides an ideal opportunity for high street firms and provincial practices to market their will-making services and ...

  • Tories under fire over divorce plans

    17-Oct-1995

    THE GOVERNMENT has moved to quell fears among family lawyers over the availability of legal aid for parting couples under the divorce White Paper reforms.Alastair Burt, Social Security Minister, gave reassurances after the document came under fire during the Law Society fringe meeting at the Tory conference in Blackpool last week.He said legal aid would be available for services other than mediation and public funding would be available for the widely-criticised ...

  • Unions take next step over LCD tenders

    17-Oct-1995

    The Lord Chancellor's Department (LCD) has failed to allay trade union concerns over plans to privatise the department's computing and administrative functions and now faces the likelihood of industrial action.The row is over the Government's Private Finance Initiative (PFI) requirement to tender out all big capital investment projects to the private sector.The two civil service unions, the Civil and Public Servants Association (CPSA) and the National ...

  • West case shares OJ system

    17-Oct-1995

    Helen Sage reportsOfficial court reporters at the Rosemary West case are using the same transcription system as those used in the OJ Simpson trial.Case View for Windows is provided by W Lloyd Woodland at Winchester Crown Court, making it the first time the Windows-based product has been used for a major trial in this country.The system displays transcripts of the three trial stenographers' notes on the screens of all legal counsel as they ...

  • Where's the IBA voice?

    17-Oct-1995

    The whole situation concerning foreign lawyers opening offices in India is somewhat alarming for the practice of international law. (The Lawyer 19 September)It seems that in many cases developing countries want international financial backing to build up their infrastructure but are not prepared to offer those providing the finance their choice of legal advisers.It is a trend which is developing across the world and there are other countries which are also trying ...