26 September 1994

The Lawyer

  • Absence of discretionary powers cause of CSA hiatus

    27-Sep-1994

    THE GOVERNMENT'S failure to provide the Child Support Agency with the power to use discretion in making maintenance orders is seen by the legal profession as a "lacuna" in the legislation, a former High Court judge said.Speaking at last week's fringe meeting of the Liberal Democrat Lawyers' Association, Dame Margaret Booth said the objectives of the Child Support Act had not been met, and the act is seen as flawed "both in its content and its implementation".

  • Advocacy rates fuel fees row

    27-Sep-1994

    Angry barristers' reports of solicitor-advocates grossing up to twice as much as them in legal aid fees for the same advocacy work in the Crown Court, has spurred the Bar Council to seek urgent changes to the fee rates.The Bar is concerned that solicitors' hourly legal aid rates for minor court work, established before solicitors won higher court rights, allow them to earn more than most barristers can under the Bar's case fee and daily refresher payments ...

  • Agreeing transatlantic compensation

    27-Sep-1994

    Roger Pearson looks aheadA case is in the pipe-line which promises to turn into a fascinating transatlantic dispute over inter-activity between our High Court and the US courts.It centres on an award of $2.9 million compensation to widow Julie Hardy in respect of the death of her husband, Stephen, on 15 August 1991 while he was working on a derrick barge in the South China Seas.Hardy agreed to accept the money from McDermott International ...

  • And baby makes two...

    27-Sep-1994

    Roger Pearson

  • Army officer fights advocacy 'test case'

    27-Sep-1994

    Army officer and solicitor Lt Col Stephen Vowles, who has applied for rights of audience in the higher courts, is hoping that his application will be a 'test case' for other service lawyers.Vowles tried to arrange a block exemption from the Law Society's training programme for the army's 29 solicitors on the strength of their considerable experience before service court martials.But Vowles was told that each case must be judged on its merits, ...

  • Avis in moves against Truckpoint

    27-Sep-1994

    Avis Rent-a-Car has issued proceedings against Truckpoint, its former licensee in Southwark in South London, claiming an injunction and damages. Truckpoint is alleged to have continued to hold itself out as an Avis Rent-a-Car licensee after the termination of its licence in June this year.

  • Bar Council elections

    27-Sep-1994

    The Bar Council elections are once again in full swing with at least three strong contenders currently in the running for the post of vice chairman.Contenders will have been announced at the weekend's Bar Council meeting. Current vice chairman Peter Goldsmith QC, of Fountain Court, is unlikely to be contested for the top job as next year's chairman, following Robert Seabrook QC of 1 Crown Office Row.Hotly tipped in the running for vice chairman is Bar ...

  • Bar hit by subs shortfall

    27-Sep-1994

    Bar Council finances have been hit once again by barristers' non-payment of subscriptions, which left a hole of some u157,000 in the Bar's budgeted subscription income of u2 million for the year April 1993 to April 1994.But according to the draft accounts to be discussed at last weekend's Bar Council meeting, total income deficit for the council was only u105,553.This is thought to reflect the success of spending controls throughout the year.

  • BAR TECHNOLOGY

    27-Sep-1994

    The Bar Services and IT Committee is presenting, under the direction of Cherie Booth, a workshop on the theme "The chambers of tomorrow - today" at the Bar Conference on 1 October. There will also be a technology and telecommunications trade exhibition.The Bar is faced with computers, data transmission, video conferencing and the adaptation of work patterns to meet new economic realities. The committee is presenting a play to illustrate the ...

  • Barristers may become rarer species

    27-Sep-1994

    BRITAIN'S barristers will be a depleted force by the end of the century because of "extremely large fees".Roger Smith, Legal Action Group director, told a Nottingham Law School's litigation school 'Question Time' session in London that the number of barristers would fall by 25 per cent in two years and by 50 per cent in 10 years.Andrew Lockley, the Law Society's director of legal practice, added: "The press today is able to pick up on ...

  • Berrymans sponsors liability research

    27-Sep-1994

    London law firm Berrymans is funding the first academic research into liability for industrial pollution in the European Union. The project is run at the Oxford Centre for the Environment, Ethics and Society at Mansfield College. Partner Sarah Shemmings says: "A capitalist society needs the safety net of insurance, and it cannot afford to price environmental insurance out of the market."

  • Black set questions still remain

    27-Sep-1994

    QUESTIONS still need to be asked about the expulsion of a black "ghetto chambers" by Lincoln's Inn in the summer, according to a bar anti-racism campaigner Elpha Lecointe.The chambers of Yosefaly Serugo-Lugo was expelled from its rented premises at 9 Stone Buildings when its debts to the Inn rose above u38,000. At the time, black lawyers held back from publicly accusing the Inn of racism.But speaking at a conference on race issues staged by the Criminal ...

  • Boating warns 'no cash for law'

    27-Sep-1994

    Reform on a shoestring budget will be the likely approach to the legal system under a future Labour government, according to the party's House of commons legal spokesman, Paul Boateng.Improving access to justice will be a high political priority - but it is unlikely to figure strongly in the pecking order for increased spending, when pitched against areas of urgent need in the health service, education, and the nation's infrastructure, he warned."I ...

  • Brechers brushes up its images

    27-Sep-1994

    Simon rogers reportsLondon firm Brecher & Co has bought a litigation support system from supplier Ymijs.Ymijs's (pronounced 'images') system is already used by other litigation departments, including those of Turner Kenneth Brown and Gouldens.The package, Rkyv (pronounced 'archive'), is able to store hard copy documents once they have been scanned into the system.Ymijs has supplied the entire system ...

  • Clearing up confusion

    27-Sep-1994

    In his article published on 13 September "The case against unit trusts", Mr Morton is at best confusing and at worst inaccurate.He compares unit trusts with investment trusts, saying that shareholders in investment trusts can always sell in the stockmarket even if the price is unattractive. This is simply not true. In the worst case, ie 1987, unit trusts did have difficulty selling shares. But those shares included investment trusts. In normal ...

  • clsa set to launch barristers' charter

    27-Sep-1994

    Criminal lawyers were due to launch a barristers' charter at the weekend to improve standards and to cut down on last-minute changes in counsel.The proposal put foward by Manchester solicitor Michael Hopkinson, of Bridgwood & Hopkinson, at a conference of the Criminal Lawyers Solicitors Association (CLSA), follows a report on Bar standards which highlighted similar problems.But Michael Jones, of Sheffield's Rodgers & Howe, who helped to draw up the ...

  • Country in waiting

    27-Sep-1994

    City University is holding a course for professionals who were made redundant during the recession. 'Fresh options: a self-assessment programme for professionals', running for four days between 15 March and 15 April, is designed for "highly qualified and experienced people" who want to move back into the workforce. The university says all the participants will be professionals, including bankers, surveyors, architects and lawyers. Participants ...

  • Credit Suisse forms legal panel

    27-Sep-1994

    Credit Suisse, one of the top three Swiss banks, has appointed seven leading firms to a new legal panel in a move which aims to control cost and quality of services provided.The firms - Allen & Overy, Denton Hall, Herbert Smith, Stephenson Harwood,

  • Cunningham appeals fraud conviction

    27-Sep-1994

    The recent report of the 'beef' tribunal of inquiry in the Irish Republic has left angry taxpayers with an Iru30 million bill in legal fees.One senior counsel earned over Irul million, the equivalent of the total estimated cost of Britain's Scott Inquiry into the Arms-for-Iraq affair.Faced with widespread criticism over what is seen by the public as a bonanza for the legal profession, the Irish government has promised to review the format for such ...

  • Financings

    27-Sep-1994

    Carnell was advised by Walsh Lawson on its placing on the USM sponsored Fiske & Co, advised by Titmuss Sainer Dechert.

  • Home Office advises on Family Court

    27-Sep-1994

    NEW national standards designed to advise court welfare officers on Family Court procedures have been released by the Home Office.The standards, which come into effect on 1 January 1995, are aimed at providing "best practice" guidelines for individual probation areas.Published for the first time, the new standards focus on the needs of children and aim to streamline service in key areas, such as advising courts, preparation of welfare reports, mediation and resolution ...

  • How to survive dealings with the press

    27-Sep-1994

    A new course is being run to help lawyers deal with the press in a crisis. Firms are sometimes hit by redundancies, partner-defections and wild rumours. "They can easily lose reputation by handling internal problems badly," says Sandra Hewett, of public relations firm Focus Hewett, which will conduct the course. "I have found that solicitors often try to ignore the media."

  • Irish inquiry costs 'meaty' sum

    27-Sep-1994

    The recent report of the 'beef' tribunal of inquiry in the Irish Republic has left angry taxpayers with an Iru30 million bill in legal fees.One senior counsel earned over Irul million, the equivalent of the total estimated cost of Britain's Scott Inquiry into the Arms-for-Iraq affair.Faced with widespread criticism over what is seen by the public as a bonanza for the legal profession, the Irish government has promised to review the format for such ...

  • Judges join the advertising circuit

    27-Sep-1994

    Advertisements for positions as judges on the Western, Wales and Chester, and North Eastern circuits will appear for the first time this week. The new advertising procedure comes as part of a move by the Lord Chancellor to open judicial appointments to a wider range of candidates. The adverts will call for barristers and solicitors with at least 10 years advocacy experience, and shortlisted candidates will be quizzed by a three-member panel, including a lay member, a judge and a Lord ...

  • Labour suggests levy to support legal assistance

    27-Sep-1994

    SOLICITORS could be asked to make compulsory payments to support pro-bono legal services if proposals to be put forward in a Labour Party consultation document later this year are approved.Speaking at the recent Law Centres Federation annual conference, Labour's legal affairs spokesman, barrister Paul Boateng, said the party would be committed to a radical examination of service provision, and an incoming government was "entitled to look at the private legal profession ...

  • Law Soc takes PR show to its members

    27-Sep-1994

    The Law Society has launched its meet-the-members roadshow in the full knowledge that as a professional body it will "never be deeply loved" (The Lawyer 7 June).The aim of the public relations offensive is to give solicitors a chance to make their views known and for the society to explain its role and the services it offers.A programme of 16 meetings is being held across the country to ensure that every member has a chance to meet the president or vice president.

  • Law Society hosts UINL visit

    27-Sep-1994

    The Law Society welcomed members of the European Commissions of the Union Internationale du Notariat Latin (UINL) last week. President Charles Elly hosted a dinner for delegates at King's College, Cambridge, vice president John Young spoke at the opening ceremony and delegates visited local law firms in the city.

  • LawTalk set for UK launch

    27-Sep-1994

    A Canadian company will be the next to launch a voice activated word processing system into the UK legal market.Kolvox Communications, one of the main voice-activated suppliers in North America, is launching Law-Talk here this month.The product is a front-end using the Dragon Dictate engine to drive it. While the user will see the Kolvox interface, behind the scenes the Dragon system will be working at translating the human sounds into computer-ese.

  • LCF calls for spotlight on race cases

    27-Sep-1994

    The Law Centres Federation (LCF) believes that lack of training is to blame for the judiciary's alleged failure to deal effectively with racially motivated crimes.A motion passed at the LCF annual general meeting pinpointed the "failure by the CPS to have properly trained prosecutors and a reluctance to undertake prosecutions".Debashish Dey, of Tower Hamlets Law Centre, who helped draft the motion, says that assigning specially trained prosecutors to racially ...

  • Linklaters leads flotation business

    27-Sep-1994

    Linklaters & Paines is leading the City on company flotation work. It has almost a third more flotations than its nearest rival Freshfields.Linklaters, according to figures from KPMG Corporate Finance, has amassed 33 flotations in the period running from 1 January 1992 to 30 June 1994. By comparison Freshfields had 23 deals, followed by

  • Litigation Disciplinary Tribunals 27/09/94

    27-Sep-1994

    DAVID JOHN SHIRLEY, 56, admitted 1963, practised as Dubow Shirley and Smith, Hatfield, Hertfordshire, struck off and ordered to pay u1,125 costs. Allegations substantiated he failed to maintain books correctly, wrongly drew and used for his own purposes client money, gave false and misleading information to clients. Tribunal told that as result of his activities the Law Society Compensation Fund is facing total claims of u65,912. Respondent ...

  • Litigation Recent Decisions 27/09/94

    27-Sep-1994

    EC: not responsible for Irish agriculture ministry decisionLicensing meat imports in ECEmerald Meats Ltd v Commission of the European Commission Cases C-100/90, C-317/90, C-129/91 (1994) (CJEC (Full court))Summary: Member states are responsible for preparing lists of applicants for meat import licences and not the EC.Irish meat company's application for annulment of the EC provisions for the allocation of meat import quotas ...

  • Litigation Writs 27/09/94

    27-Sep-1994

    Antony Shrimplin, who was badly hurt when he threw himself under a tube train in 1989, has launched a High Court claim against East London and the City Health Authority claiming they failed to take adequate care of him. Shrimplin, of London W1, alleges his injuries were the result of negligence in his treatment as an in-patient at the Royal London Hospital. He claims it failed to supervise him adequately, to take proper care of him and to prevent him leaving ...

  • Litigator's view

    27-Sep-1994

    Andy Millmore

  • Merger on cards for London firms

    27-Sep-1994

    A NEW firm is set to enter the top 100 if merger talks succeed.

  • MPE and Bovis face two separate suits

    27-Sep-1994

    Lincoln-based Andrew & Co is acting for two plaintiffs, D McMillan and HC Carruthers, in their separate High Court actions against MPE Ltd and Bovis Construction, which arise from the same event. The defendants are represented by Birkett Westhorpe & Long.

  • Pearl gains circuit judge appointment

    27-Sep-1994

    Professor David Stephen Pearl is to be appointed as a circuit judge on the South Eastern Circuit. He is also to become an immigration adjudicator and chief adjudicator and has been designated as a special adjudicator. Pearl, who is 50, has been professor of law and dean of the school of law at the University of East Anglia since 1989.

  • PI cover changes sought

    27-Sep-1994

    SOLICITORS in the UK could follow the example set by US advocates, taking out personal insurance rather than relying on the professional indemnity cover provided by firms.The move, which would "revolutionalise" professional indemnity cover, comes in response to a trend among smaller practices for suing lawyers and support staff for the excess on insurance claims.The Locum Solicitors Group - which has been particularly hard hit by the practice - is also planning ...

  • Property

    27-Sep-1994

    Goodwill Nominees, advised by Simmons & Simmons, has bought for u39.7m one of the Stockley Park buildings from the Stockley Park Consortium, advised by Herbert Smith.

  • Property

    27-Sep-1994

    A foreign investor, advised by Nabarro Nathanson, has acquired for u20.4m 60-62 Lombard St and 18 Birchin Lane in the City from Scottish Equitable, advised by Baileys Shaw & Gillett.

  • Property

    27-Sep-1994

    Hanover Property Unit Trust, advised by Davies Arnold Cooper, has bought for over u40m the assets of Rutland Group and has taken three of its companies out of receivership. Receivers Price Waterhouse were advised by Richards Butler.

  • Property

    27-Sep-1994

    Scottish Life, advised by Speechly Bircham, has bought shopping units in High Street, Sutton, from Sutton Town Square Development, a joint venture of Alders and Gracemount Developments, advised by Macfarlanes.

  • Prospects look up for trainees as top firms increase recruitment

    27-Sep-1994

    Top firms Herbert Smith and Clifford Chance are reporting an improvement in recruitment figures for trainees.But the Trainee Solicitors Group has warned against complacency, saying although the signs are good, the number of available training places is still greatly outweighed by the volume of graduates leaving the legal practice course.Herbert Smith's recruitment partner, ...

  • Revised Ogden Tables published

    27-Sep-1994

    Lawyers and actuaries have come up with a revised version of the Ogden Tables which are used for working out personal injury damages. The tables show how to calculate loss of earnings and loss of pension rights, and additional guidance is now included allowing for future unemployment and sickness. Sir Michael Ogden QC, responsible for the first edition, chaired the working party which produced the revised guidance. They are published by the Government Actuary's department as Actuarial ...

  • Shaw wins law chair at Leicester University

    27-Sep-1994

    Leicester University has appointed Professor Malcolm Shaw to the Sir Robert Jennings Chair of International Law. Professor Shaw, a barrister practising international law at Essex Court Chambers, previously held the post of Ironsides Ray & Vials Professor of Law at the University. He will be succeeded in that position by Solicitor of the Supreme Court Ian Snaith.

  • Slaughters stars in numbers of quoted clients

    27-Sep-1994

    Slaughter and May is the firm with the greatest number of UK stockmarket clients, comfortably leading the field with 119 clients, more than a quarter of which are FT-SE 100 companies. Linklaters & Paines comes in second place with 95 clients.The figures appear in the Hemington Scott Top Corporate ...

  • Social policy vs free market

    27-Sep-1994

    I refer to a recent Litigator's View (The Lawyer, 16 June).Jonathan Moore of Hammond Suddards suggests that the case brought by Tommy Hilfiger against Tesco relates to exhaustion of trade mark rights, a general issue which was tackled on 16 July when the European Court of Justice gave judgment in the Silhouette case.We act for Tommy Hilfiger in this action and wish to clarify that the action does not relate to exhaustion of rights or selective ...

  • Solicitors vital to the business world

    27-Sep-1994

    Solicitors form an integral part of the business world and make a significant contribution to the commercial sector, Law Society President Charles Elly said at an Institute of Directors meeting last week. Despite the fact that legal advice could be crucial to the success of a venture, some companies still neglected to take it. The society had introduced measures to make solicitors more aware of client needs, including the teaching of communication skills at student level and the adoption ...

  • Stipes come under scrutiny

    27-Sep-1994

    A NEW working party has been set up by the Lord Chancellor to examine the role of the stipendiary magistracy.The party has been established after a recommendation from the Royal Commission on Criminal Justice, which said there should be a more systematic approach to the role of stipendiary magistrates.The Magistrates' Association also proposed the development of practice guidelines for lay bench chairmen working with stipendiary magistrates.The ...

  • Systems in firms

    27-Sep-1994

    Kent firm Hallett & Co is spending u150,000 on a new legal setup from Kienzle Systems. The firm has ordered Arista practice management, as well as WordPerfect for Windows and Lotus 1-2-3. The software will run on a network of 25 PCs linked by Novell Netware. The system goes live in mid-November.

  • That old black magic

    27-Sep-1994

    I agree with Bibi Berki's comments in "The Black Art of Advertising" (The Lawyer, 20 September) that lawyers have become less resistant to marketing, but disagree that the freedom to advertise is still considered a novelty.In my experience, City and regional law firms have a good understanding of the role of advertising in all its forms and have more than adequate opportunity to do so, but continue to operate tight marketing budgets which ...

  • The Lawyer Inquiry: Mark Stephens

    27-Sep-1994

    MBA courses for lawyers are the shape of things to come, says Simon Rogers. Simon Rogers is assistant editor of The Big Issue.Imagine sole practitioners sitting down with the managing partners of huge city firms, each learning something from the other. This is the future of legal education, if the students who have just finished the UK's first ever MBA course for lawyers are to be believed.Nottingham Law School, from where the 33 MBA ...

  • The league of legal nations

    27-Sep-1994

    As part of this year's comprehensive International Bar Association coverage, The Lawyer has compiled tables of the top law firms in seven of the world's major jurisdictions.From information supplied by the firms themselves, we have ranked them in descending order based on the number of fee earners they have.While the number of fee-earners is not an immediate indication of the amount of money each firm makes, it can provide a reasonable guide to its ...

  • TOP INTERNATIONAL FIRMS - JAPAN

    27-Sep-1994

    No Firm Total lawyers PTrs Other lawyers1 Nagashima & Ohno 65 16 491 Yuasa & Hara 65 25 403 Anderson Mori 48 15 333 Nishimura & Sanasa 48 14 345 Mori Sogo Law offices 43 20 236 Masuda & Ejiri 40 14 267 Matsuo & Kosugi 30 5 258 Tokyo Aoyama Law Office 29 9 20(assoc with Baker & McKenzie)

  • TOP INTERNATIONAL LAW FIRMS - FRANCE

    27-Sep-1994

    No FIRM Total lawyers PTrs Other lawyers OVERSEAS OFFICES1 Gide Loyrette Nouel 238 55 183 US, Brussels, Saudi Arabia, Japan, China, Poland, Czech Republic,Hungary, Russia (2), Spain, Vietnam,2 Bureau Francis Lefebvre 173 48 125 Argentina, Spain, UK, Russia, Germany, Belgium, US3 SG Archibald 116 26 90 US, UK, Australia, China, India, ...

  • TOP INTERNATIONAL LAW FIRMS - GERMANY

    27-Sep-1994

    1 Bruckhaus Westrick Stegemann 145 74 71 Belgium, US, Japan2 Radler Raupach Bezzenberger 138 38 100 Belgium,US3 Punder Volhard Weber & Axster 130 60 70 Belgium, Hungary, China, Russia,Poland, US4 Boden Oppenhoff Rasor & Raue 109 54 55 Belgium, Czech Republic, Uk, US4 Droste Killius Triebel 105 30 75 China,4 Gaedertz Vieregge Quack 105 38 67 none

  • TOP INTERNATIONAL LAW FIRMS - HONG KONG

    27-Sep-1994

    Pic courtesy of SA Tourism BoardSouth Africa: offers great opportunities for lawyersNo FIRM Total lawyers PTrs Other lawyers OVERSEAS OFFICES1 Johnson Stokes & Master 160 60 100 Thailand, Vietnam, China2 Baker & McKenzie 138 24 114 52 offices worldwide2 Deacons 138 38 100 China4

  • TOP INTERNATIONAL LAW FIRMS - THE NETHERLANDS

    27-Sep-1994

    No FIRM Total lawyers PTrs Other Lawyers OVERSEAS OFFICES1 Nauta Dutilh 260 123 237 Belgium, France, Spain, US, MalaysiaLuxembourg, Spain, France2 Loeff Claeys Verbeke 216 66 150 Malaysia, Indonesia, Japan, US, Belgium,3 De Brauw Blackstone Westbroek 210 70 140 US, UK, Belgium4 Stibbe Simont Monahan Duhot 180 40 140 Belgium, France, UK, US

  • TOP INTERNATIONAL LAW FIRMS-SWEDEN

    27-Sep-1994

    No FIRM Total lawyers PTrs Other lawyers OVERSEAS OFFICESAdvokatfirman Vinge 121 63 58 UK, Belgium, France, Hong Kong2 Manheimer Swartling 120 44 76 US, Belgium, Germany, Russia3 Advokatfirman Landahl 115 55 65 UK, US, France, Belgium, Germany4 Lagerlof & Leman 105 55 50 US, UK, France5 Advokatfirman Lindahl 65 36 29 Belgium6 Advokatfirman Fylgia 31 10 ...

  • Tough tasks to be faced in Melbourne

    27-Sep-1994

    As that conundrum and wonder of the international legal world, the International Bar Association, prepares for its biennial get together - this time in Melbourne - the old questions about it bubble to the surface.After two years in Claude Thomson's safe hands, the internal state of the organisation is undoubtedly in a lot better shape than when he took over. There is more of a sense of the body pulling together in the same direction.Much progress ...

  • US firm bows out in wake of increased costs

    27-Sep-1994

    US FIRM Lord Day & Lord, Barrett Smith decided to dissolve this week in the face of mounting costs. The news will affect many Lloyd's Names who comprise much of the firm's client base.Some 55 Lord Day fee earners - including the entire corporate team and half its litigators - will join Morgan Lewis Bockius' New York office when Lord Day folds on 30 September. This leaves 60 staff rethinking their careers.Morgan Lewis London managing partner Charles ...

  • Wright swaps Pitmans for Penningtons

    27-Sep-1994

    Thames Valley firm Pitmans has parted company with salaried commercial partner Rupert Wright, who is now working at Penningtons in Newbury. Wright's departure follows the loss, this year, of four other partners - three in the intellectual property department. The firm is also losing Wendy Lefkin an assistant in the IP section who is joining

  • Zeffirelli libel action reels on

    27-Sep-1994

    Despite an apology to Italian film director Franco Zeffirelli in a recent issue of Screen International, the libel proceedings against the magazine look set to continue. Michael Bowler, senior partner of West End firm Harbottle & Lewis, which issued a writ on behalf of Zeffirelli, says the publication issued its statement off its own bat without reference to it. The writ ...