27 October 1997

The Lawyer

  • A la recherche des agents

    2-Nov-1997

    As in other jurisdictions, private detectives in France are generally in charge of collecting, with maximum discretion, information for their clients to use as evidence during criminal or civil litigation work.However, compared to his or her US counterpart, the means of investigation available to a French private research agent, un agent prive de recherches, are limited.A French private investigator cannot gain access to police information, such as the criminal ...

  • A&O grows Moscow practice

    2-Nov-1997

    A second partner is to join Allen & Overy's Moscow office, adding to the four lawyers who have also joined recently.Chris Roberts, a senior project finance partner responsible for developing the firm's Asian practice in the early 1990s has left London, where he has been based since 1995, to become a resident in Moscow."In many respects, Moscow is still virgin territory ...

  • Anniversary seminar focuses on high street

    2-Nov-1997

    THE HOME Secretary Michael Howard was the guest of honour at a high street crime prevention seminar held by Southampton firm Hepherd Winstanley & Pugh.The conference, held by the firm to mark its 350th anniversary, saw the firm's senior partner, Tony Askham, call on the government to continue making the prevention of high street crime a priority."We strongly encourage the Government's stance on crime prevention in the high street," said Askham. "It ...

  • Baker & McKenzie wins Korean deal

    2-Nov-1997

    Subtle foreign diplomacy has won Baker & MacKenzie's London office the job of advising a Korean conglomerate on the largest inward investment that has ever been made into Europe.The £1.7bn project - officially launched by the Prime Minister John Major at the end of last month - will see electronics company LG Group build a component and a semiconductor factory in Newport, South Wales, and create more than 6,000 new jobs.Robert Pick, head of B&M's ...

  • Banks set to muscle in on conveyancing market

    28-Oct-1997

    The Woolwich and the Halifax have both launched in-house conveyancing pilot schemes ' paving the way for the likely launch of national schemes next year.Although the banks refuse to commit to a full-blown assault on the conveyancing market, the moves are a further indication of the growing threat that conveyancing solicitors face from the powerful lenders.The Halifax is already running a pilot in Leeds, while the Woolwich is preparing to open its pilot one-stop ...

  • BLA official complaint over Regis debacle taken to OSS

    2-Nov-1997

    The British Legal Association despatched an official complaint to the Office for the Supervision of Solicitors over the alleged mismanagement of the Regis computer project.In what is believed to be a first in the history of the Law Society, the BLA has written to OSS asking it to investigate the handling of Regis by "members of the management board during the period of January 1995 onwards" and to confirm that disciplinary action will be taken "for any breaches of the Solicitors' ...

  • Bristol hosts IT show

    2-Nov-1997

    The Bristol Software for Solicitors exhibition takes place on 5 and 6 March at the Bristol Marriott Hotel. Exhibitors include Avenue Legal Systems, Butterworth publishers and Technology for Business. For details call 0181-742 3399.

  • CC to take hard line on leavers after Wilkinson episode

    28-Oct-1997

    Clifford Chances management committee has introduced a draconian new partnership agreement in the wake of Andrew Wilkinsons defection to US firm Cadwalader Wickersham & Taft.The move follows a trend for City and national firms to introduce a gardening leave clause into their agreements.The old Clifford Chance agreement had a 12-month notice period and a 12-month restrictive ...

  • Chicken e la Chancery Lane fells two officials

    28-Oct-1997

    TWO LAW Society officials were struck down with food poisoning after eating a contaminated chicken dinner provided by Leiths, Chancery Lanes new up-market caterer.The incident happened in September just 10 days after Leiths started providing meals in the Law Societys Grill Room having won a competitive tender to provide the service.One of the staff members affected was Roger Ede, secretary of the Law Societys criminal law committee, who was ill for a few days.

  • City bias hinders youth job scheme

    2-Nov-1997

    The doors to city law firms remain closed to graduates with the wrong postcode, from ethnic minorities or with non-Oxbridge degrees, according to an urban regeneration agency, Bethnal Green City Challenge.The agency is running a graduate programme designed to help graduates from the Spitalfields area of East London find employment.But although 40 graduates have been successfully placed with leading City companies since the programme started in October, the agency ...

  • Cobbetts and Halliwell Landau plan to join forces

    2-Nov-1997

    Manchester firms Cobbetts and Halliwell Landau are in merger talks. The combined firm would be the largest commercial law firm in Manchester with a projected turnover of £19m this year.And although the firms describe the talks as being at a preliminary stage, a target date of 1 May has been set. All the lawyers have been brought together for at least one meeting.Halliwell Landau is well-known as a corporate and entrepreneurial firm, while Cobbetts acts ...

  • Constructive work on CPE

    28-Oct-1997

    I am writing to you in connection with Chris Fogartys article, Students slam new CPE (The Lawyer, 30 September). This was discussed at the meeting of the CPE Board on Tuesday 7 October and all the board members were concerned at the allegation that the students felt they could not complain about the new course for fear of jeopardising their future.The board is currently reviewing the operation of the new course at every institution with members of the board and ...

  • Cook Report barrister clear

    2-Nov-1997

    A Birmingham barrister has been cleared of professional misconduct charges by a Bar Disciplinary Tribunal after The Cook Report filmed him apparantly advising a client to "bump off" a relative.But the tribunal criticised Balbir Singh saying that he "had let down his community and his profession by the serious lack of judgement".Singh, now at Equity Chambers, told the tribunal he was aware something was wrong when he was approached for advice and was just play-acting.

  • Coopers to launch law firm in April

    2-Nov-1997

    Big six accountancy practice Coopers & Lybrand is to set up its long-planned independent UK law firm at the end of April. It will be headed by Stephenson Harwood partners Mark Lewis and Christopher Tite.The new firm is to be known for the purposes of Law Society rules as Tite & Lewis, but will trade under the name of International Business Law Partnership, and will form part of Coopers' ...

  • Corporate partner quits Addleshaws for Turners

    2-Nov-1997

    Leading corporate partner Glenda Turner has left newly merged Manchester and Leeds firm Addleshaw Booth & Co to join Manchester firm Turner Parkinson as the fifth partner.She said: "The timing was right. Addleshaws was growing very big, which means no matter how hard the firm tries, people do not always feel informed about what is going on in the management committee."I am looking forward to a new challenge at Turner Parkinson, which is a unique firm amid all ...

  • David Fishwick on January's Supreme Court fees order.

    2-Nov-1997

    David Fishwick is a partner at Blake Lapthorn."Something for nothing," should have been the title of a recent announcement by the Supreme Court Taxing Office.The Supreme Court fees (Amendment) order, which came into force on 15 January 1997, was greeted with surprise and dismay by the profession.Two of the more significant changes it makes ...

  • Developing action in Wales

    2-Nov-1997

    Birmingham-based developer Agecrest is claiming that Gwynedd Council is misusing its powers to block development plans for Black Rock Sands, Morfa Bycham, near Port Madoc. When the case reaches the High Court Agecrest will accuse the council of deliberate, dishonest and wrongful use of its powers to delay and frustrate attempts by Agecrest and others to develop and sell land in 1985.

  • Did Clifford Chance go a partnership agreement too far?

    28-Oct-1997

    Clifford Chance was forced into an embarrassing climbdown when it tried to stop one of its partners leaving. Robert Lindsay reveals the whole sad story. Details of deals should be sent to the City editor, Robert Lindsay. Please include all other law firms acting on deals and the value, where possible. A few days after Clifford Chance suspended its partner Andrew Wilkinson because he was about to ...

  • Dinosaurs rule OK

    2-Nov-1997

    I was very interested to discover that Leslie Dubow, the spokesman for the Solicitors Property Group, holds the opinion that the Law Society is a dinosaur.Mr Dubow would do well to remember that dinosaurs did in fact survive for many millions of years.This is a much longer existence than that experienced by some of the solicitors who have been encouraged over the years to become Estate Agents.Two such law practices in Surrey, for example, ...

  • Discrimination claim number two hits SRT

    2-Nov-1997

    City shipping firm Sinclair Roche & Temperley made an out-of-court settlement to a second former assistant solicitor in its property department, it has emerged.It is believed Olienka Shaw was paid around £4,000 in settlement of a claim of race discrimination last November against the head of the commercial property department Anthony Hurndall.Two weeks ago The Lawyer revealed that the firm had paid former assistant solicitor in the property department, ...

  • EC news on Internet

    2-Nov-1997

    The European Commission's news bulletin of the latest EU developments relevant to the UK, The Week in Europe, is now available on the internet at http://www.cec.org.uk.The paper version is soon to be discontinued.

  • EC unlikely to spike Labour's windfall tax plan, say lawyers

    2-Nov-1997

    Talk of Brussels spiking the Labour Party's planned windfall tax on privatised companies is "pie in the sky stuff", according to the UK's leading completion lawyer.Malcolm Nicholson, head of Slaughter and May's EC and competition group, said it was "improbable" the European Commission would scupper Labour's plans and blamed the privatised companies for "stirring ...

  • Equal rights boss enters Law Soc race

    28-Oct-1997

    The chair of the Equal Opportunities Commission (EOC), Kamlesh Bahl, is to stand for the deputy vice-presidency of the Law Society, putting her on course to become the first woman president in its 166-year history.Bahl, who has confirmed her candidacy surprisingly early, will stand with vice-president Michael Mathews and deputy vice-president Robert Sayer when the elections are held next summer.If her progress through the presidential ranks is unhindered by competitors, ...

  • Estonian thank you to Cheltenham firm

    2-Nov-1997

    The new Estonian ambassador to England, Raul Malk, is to make an official visit to Gloucestershire, in recognition of the efforts a local firm has made to boost trade with the emerging Baltic state.The ambassador will visit the county on 11 and 12 February to meet existing and potential investors, who have been developed through Cheltenham firm Bretherton Price Woods.A spokesman for the Estonian embassy said the firm had "introduced key political and business ...

  • Financing

    2-Nov-1997

    Manches & Co acted for Bayerische Landesbank as arranger of a £25m syndicated standby letter of credit for Skipton Building Society. Booth & Co acted for Skipton.

  • Former president knocks Law Society over stemming freedom of information

    2-Nov-1997

    Martin Mears and Robert Sayer have accused the Law Society of trying to "muzzle" its staff and prevent council members from investigating its activities.The former president and his deputy, who are planning to contest the presidential elections again this year, say that new guidelines on staff disclosure of information, issued last week, are designed to stop council members from digging out embarrassing information about the Law Society.Under the guidelines, ...

  • Freemasonry prevalent in male membership of CMA

    2-Nov-1997

    At least 16 per cent and up to 27 per cent of the male magistrates that sit on the Council of the Magistrates Association are Freemasons, according to a survey published last week.Anne Fuller, chair of the Magistrates Association, told the Home Affairs Select Committee that of the 51 male members of her council who returned a questionnaire, eight revealed they were masons. However, eight of the 59 male members of the council had failed to reply.The select committee ...

  • Guide by Trowers

    2-Nov-1997

    London firm Trowers & Hamlins has produced a guide on the new provisions relating to contaminated land liabilities in the Environment Act 1995. Copies are available free of charge from: Trowers & Hamlins, 6 New Square, Lincoln's Inn, London WC2A 3RP.

  • Herbert Smith and Freshfields share BAT mega-merger spoils

    28-Oct-1997

    Herbert Smiths and Freshfields work on the largest European deal this year the merger of BAT Industries financial services arm with Zurich Insurance to form a company with an estimated u23bn market capitalisation will catapult the two firms to the top of the corporate finance league tables.Herbert Smith, BATs principal legal adviser for more than 20 years, fielded a 23-strong team, headed by corporate partner Stephen Hancock and including three other corporate partners, ...

  • Hill Dickinson joins with Wayman-Hales

    2-Nov-1997

    Insurance giant Hill Dickinson Davis Campbell is merging with Chester & North Wales law firm Wayman-Hales.According to Hill Dickinson, the two main aims of the merger were to capture Wayman-Hales' senior litigation partner Simon Parrington and to expand into Chester and North Wales.All six partners of Wayman-Hales will join Hill Dickinson's existing 42 partners ...

  • Hoon offers hope on conditional fees

    28-Oct-1997

    GEOFF Hoon, Parliamentary Secretary at the Lord Chancellor_s Department (LCD), has indicated that the Government may give some ground on a key element of its reform package , the straight substitution of conditional fees for legal aid for most civil claims.In his first public response to criticism of the reforms, Hoon writes in The Lawyer this week that the Government may consider a subsidy to ensure the poor are not deprived of legal advice and representation under the ...

  • Human rights party makes fact-finding trip to Kenya

    2-Nov-1997

    A delegation of three solicitors representing the Law Society's international human rights working party has returned from a six-day mission to Kenya in support of the country's law society.The visit was prompted following a request by the Law Society of Kenya for assistance in the face of a "great attack" against the "independence of the Kenya Bar" by the Kenyan government.It claimed that the human rights of solicitors were being abused and some were ...

  • IBA surprised by breakaway liberalisation initiative

    28-Oct-1997

    The International Bar Association (IBA) has been taken by surprise by the plans of three member organisations the American Bar Association (ABA), the Council of Bars and Law Societies of Europe and the Japan Federation of Bar Associations to set up their own forum on liberalisation of legal services.Lawyers groups worldwide suspect that the Organisation for Economic Co-operation and Development (OECD) wants to apply standard criteria for liberalisation to all professions.

  • In brief: Ackner pamphlet on loss of independence

    2-Nov-1997

    Former Law Lord Lord Ackner bemoans the erosion of judicial independence in a pamphlet being released by the John Stuart Mill Institute this week. The pamphlet, The Erosion of Judicial Independence, is based on the 1996 John Stuart Mill Lecture which was delivered by Lord Ackner last November.

  • In brief: Auditor general airs doubts on legal aid

    2-Nov-1997

    The comptroller and auditor general Sir John Bourn has qualified his opinion on the Lord Chancellor's Department account for criminal legal aid for the fifth year running. The National Audit Office said although there had been large improvements, in 1995-96 there were still wide variations in performance between individual magistrates' courts which grant criminal legal aid.

  • In brief: Baker & McKenzie appoints marketeer

    2-Nov-1997

    Baker & McKenzie's London office has appointed its first dedicated marketing person. Corinna Christophorou, formerly marketing director of Fladgate Fielder, becomes director of business development at B&M. The US multinational firm previously employed Anne-Marie Stebbings, now at Simmons & Simmons, who carried ...

  • In brief: Eversheds in winning EU laws consortium

    2-Nov-1997

    A consortium including UK national firm Eversheds has won a European Commission contract to assist the new state of Lithuania harmonise its laws with the European Union in preparation for membership. The contract, which was tendered Europe-wide, was won by Eversheds, French consultancy Sodeteg and a German trust, Deutsche Stiftung fur Internale Rechtliche Zusammenarbeit EV, set up by the Ministry of ...

  • In brief: Garretts grabs Rowe & Maw pensions man

    2-Nov-1997

    Arthur Andersen-tied law firm Garrett & Co has hired Rowe & Maw pensions solicitor Duncan Buchanan to set up a pensions practice within its Employment & Benefits Group in London. Buchanan, who qualified in 1990 and will be a "senior manager" rather than a partner, said that the Pensions Act, which is due to come into force in April, would mean companies would have to review their existing pension schemes to comply. He said he would cover the legal aspects of any pension scheme together ...

  • In brief: Gateley Wareing appoints club director

    28-Oct-1997

    Midlands firm Gateley Wareing has appointed Aston Villa Football Club finance director Mark Ansell as a consultant to the firm. Ansell, who will take a non-executive role, will join Birmingham quantity surveyor Frank Graves, who took up a similar job 18 months ago. Both men will assist staff and clients in dealing with cases, and advise the firm as it seeks to expand its operations.

  • In brief: Hoon to speak at LAG conference

    28-Oct-1997

    Solicitors will get an early opportunity to hear the Governments response to the storm of criticism that has followed the announcement of its legal aid and civil justice reform plans at a one day Legal Action Group conference. Geoff Hoon, Parliamentary Secretary in the Lord Chancellors Department, is one of the speakers at the event, which will be held in London on 6 November. Ring 0171 833 2931 for details.

  • In brief: KPMG poaches McGrady from Rowe & Maw

    28-Oct-1997

    Big Six accountancy firm KPMG has poached Rowe & Maw tax partner Steven McGrady. He will join KMPGs mergers and acquisitions tax group, which deals with a wide range of transaction-related issues. McGrady was an assistant at Clifford Chance before joining Rowe & Maw.

  • In brief: Last chance to enter Boardroom Blitz

    28-Oct-1997

    Law students who want to take part in Berwin Leightons Boardroom Blitz business game, which is supported by The Lawyer, should get their entries in to meet the competitions closing date of 31 October by contacting their college or faculty Boardroom Blitz representative. The game was launched in The Lawyer on 16 September, and is open to teams of second year law undergraduates. Students have to assemble a team, assume control of a fictional company and run it as profitably as possible. ...

  • In brief: Northern Legal Office Exhibition success

    28-Oct-1997

    Over 1,300 solicitors and IT staff from law firms visited the first Northern Legal Office Exhibition in Manchester last week. The show, sponsored by The Lawyer, will now become an annual event. There were more than 60 stands in the G-Mex hall for the two-day event.

  • In brief: Richards Butler poaches finance partner

    2-Nov-1997

    Richards Butler has poached corporate finance and insolvency partner Adrian Harris from Davies Arnold Cooper. Richards Butler chief executive Chris Schulten said his firm saw the "dual nature" of Harris' expertise in corporate finance and insolvency as attractive, "particularly in view of the number of non-formal insolvency workouts which the firm is handling". He added: "Such cases require a blend of expertise." Harris said Richards Butler's international strength meant he ...

  • In brief: Scottish Law Society meets Liddell

    28-Oct-1997

    A Law Society of Scotland delegation met Helen Liddell, economic secretary to the Treasury, last week in a bid to retain the regulation of those of its members who provide financial advice. As The Lawyer revealed in May, Liddell is seriously considering allowing the planned all-embracing financial regulator Newro to take over regulation of solicitors who provide financial advice. John Elliot, president of the Law Society of Scotland, said a potential regulatory conflict was also being ...

  • In brief: Simmons sets up IP practice in New York

    28-Oct-1997

    Simmons & Simmons is to set up an IP practice in New York at the beginning of next year. Simmons head of IP in the Asia Pacific region, Chris Woods, will establish the practice. He will be replaced as head of IP in Hong Kong by Baker & McKenzie IP specialist Angus Phang, who joins Simmons at the end of November.

  • In brief: Solicitors support Make A Will Week

    28-Oct-1997

    Solicitors throughout the country are staying open late or offering discount prices to promote Make A Will Week. The promotional campaign, which started on Monday 27 October, is being mounted as a joint initiative between the Law Societies of Scotland and of England and Wales.

  • In brief: TG takes on a non-executive director

    2-Nov-1997

    Theodore Goddard has appointed a non-executive director - Graham Wilson, the former managing director of United News & Media, the company that owns The Daily Express. Managing partner Simon Stubbings said Wilson would bring valuable management and strategic planning insight to the five-man decision- making committee. Wilson said: "I am very excited at the prospect of bringing some of the skills and techniques that I have used successfully in industry to the legal profession."

  • In brief: Wilde Sapte lands aviation partner

    2-Nov-1997

    Wilde Sapte has recruited Nick Chandler from Clifford Chance as an aviation finance partner. Chandler has been with Clifford Chance for 10 years and his clients included Airbus Industrie, Nomura Babcock & Brown and Sakura Bank. Chandler joins Wilde Sapte's banking and finance department.

  • In-house lawyers are the target of Axxia's market manoeuvres

    2-Nov-1997

    Axxia is targeting in-house lawyers with its Arista case management application in a bid to expand its user-base.In the past, the company has concentrated on supplying law firms, but it is hoping to expand its market to include local government as well as corporate legal departments.Managing director Stuart Holden said the demand for in-house case management was coming from the companies themselves. He claimed in-house legal departments tended to place ...

  • Jones Day poaches Skadden Arps project finance lawyer

    2-Nov-1997

    US firm Jones, Day, Reavis & Pogue has recruited project finance expert Kaamil Ansar as a partner for its London office.He leaves the London office of another US firm, Skadden Arps, Slate, Meagher & Flom, where he was head of the Indian sub-continent practice.Steve Fiamma, partner in charge of

  • Jones Day Reavis & Pogue strengthens London team

    28-Oct-1997

    The London office of US firm Jones Day Reavis & Pogue doubled the number of its lawyers in the first seven months of this year, creating a new UK law facility.In July, it poached Denton Hall litigation partner Robert Thompson and it has taken four UK assistants from City firms, including Linklaters & Paines ...

  • Jury action pending in QBD

    2-Nov-1997

    Jury actions now pending in the High Court Queen's Bench Division include : Ludford v Commissioner of Police for the Metropolis (10 March); Wilmot-Smith v Thynne (17 February); Livingstone v Donaldson (now not before 10 February); Berger v Times Newspapers Ltd (not before 3 February); Abbey and others v Peters (not before 10 February); Kirby v Telegraph Group Ltd (not before 17 February); Lorenz v Reed Business Publishing (not before 17 February); Flavin v Electrical Electronic ...

  • KPMG rules out growing law firm in favour of new alliance

    2-Nov-1997

    Big six accountancy firm KPMG has all but ruled out growing its own law firm in favour of forging an alliance with an existing firm, according to senior partner Colin Sharman.Sharman, who last week took over as international chair of KPMG, told The Lawyer: "We have almost abandoned the strategy of building our own firm - it won't get us there quickly enough."As The Lawyer revealed last month, KPMG has made approaches to several national law firms about an ...

  • Law centres:experts in crisis management

    2-Nov-1997

    BURIED away in the Central London Law Centre vaults are a series of files containing the details of the steady stream of cash crises which have hit the centre in its 18-year existence.But to date, the law centre, which has just moved into new offices, has somehow managed to weather each storm. And this pretty well sums up the history of the law centres movement.There are currently around 50 law centres in the UK, all battling to keep their grants in the face ...

  • Law Soc plans second Kenyan mission

    28-Oct-1997

    The Law Society is considering sending another human rights mission to Kenya as harassment of opponents of President Moi continues.The working party of the Human Rights Committee has recommended that a delegation of two lawyers should be sent to Kenya by the end of the year.This follows an earlier trip this year, which was hailed at the time as a success because the Kenyan government said that it would take up a recommendation to set up a workshop on the countrys ...

  • Lawyers cautiously welcome human rights White Paper

    28-Oct-1997

    LAWYERS have welcomed with reservations the White Paper on the incorporation of the European Convention on Human Rights.There are no plans for a human rights commission in the White Paper, Rights Brought Home, published by the Home Office last Friday, but the Government is not ruling it out in the future.The Bill makes it unlawful for public authorities to breach the convention, and gives individuals the right to obtain compensation from public authorities in ...

  • Laying down the law in south London

    2-Nov-1997

    Having taken on what must surely be one of the worst jobs in the UK, Barrister Heather Rabbatts may now have to turn down one of the best.Assuming the £115,000 chief executive position at Lambeth in 1995, Rabbatts began her fight to change the face of a local council with a rotten image and a rotten heart.Corruption was so rife in south London's notorious Lambeth Borough Council that one exasperated manager employed to root it out left ...

  • LCD worries Civil Justice Council is lawyer heavy

    2-Nov-1997

    The Lord Chancellor's Department has been talking to the advice sector, the Law Society and the Bar about the future role and composition of the Civil Justice Council amid advice sector concerns it may be packed with lawyers.The Council, which will oversee implementation of the Woolf reforms of the civil justice system, is to be created under the Civil Procedure Bill, which recently had its second reading in the Commons.As yet there has been very little ...

  • Legal professionals without a profession

    28-Oct-1997

    Stephen Mayson says that the rise of MDPs is merely symptomatic of the increased fragmentation that could spell the end for the legal profession as a single, unified entity. Professor Stephen Mayson is a consultant on the strategic, structural and ownership issues of legal practice. He is director of the Centre for Law Firm Management at Nottingham Law School, and is the author of Making Sense of Law Firms, which is published by Blackstone Press. There was a time ...

  • Libel courts take the hard line

    28-Oct-1997

    Roger Pearson looks at a recent case in which the judge decided that similarity of workds constituted the repetition of a libel But no lump sum. Only four small words, but each one recently cost Daily Mail gossip columnist Nigel Dempster and his employers an estimated u13,750 in the High Court. The bill, comprising contempt fines of u35,000 and a legal costs bill of around u20,000, is regarded as a warning to the media of the hard-line approach courts plan ...

  • Litigation Disciplinary Tribunals 11/02/97

    2-Nov-1997

    Geoffrey Graham, 46, admitted 1984, practising as Graham & Co, Newcastle-upon-Tyne, suspended indefinitely. Allegations substantiated he failed or unreasonably delayed in accounting to clients in respect of their money, failed or failed with reasonable expedition to pay agents fees, failed to act in accordance with Solicitors Complaints Bureau direction, delayed or failed to arrange taxation of costs, acted in breach of an undertaking, ...

  • Litigation Disciplinary Tribunals 28/10/97

    28-Oct-1997

    Jonathan Arthur Freese, 47, admitted 1976, and Frances Moira Stewart, 42, admitted 1985, practising at material time in partnership as Freeses, London E1, respectively struck off and ordered to pay three-quarters of the costs, and suspended for three years and ordered to pay one quarter of the costs. Allegations substantiated that they wrongly drew money from client account, utilised clients money for their own purposes, obtained ...

  • Litigation Personal Injury 11/02/97

    2-Nov-1997

    Beadle v Merton, Sutton and Wandsworth Health Authority - QBD 20 January 1997Claimant: Wai San BeadleIncident: Medical negligenceInjuries: Widow's claim over death of husband. Marcel Beadle, 40, underwent surgery to reduce obesity, but complications which followed resulted in his death. Liability and causation admitted. Dead man's daughter who was four at time of her father's death to receive £15,000.

  • Litigation Personal Injury 28/10/97

    28-Oct-1997

    Binks v Maken and anor CA 8 October 1997Claimant: Louis BinksIncident: Alleged medical negligenceInjuries: Three-year-old released from Bristol Childrens Hospital after treatment for kidney tumour. Left suffering mental handicaps so severe he will need round-the-clock care for the rest of his life. Claim for damages on basis that his mental handicap was caused by drugs used in chemotherapy. Claim against former GP and Avon Health Authority in 1994 ...

  • Litigation Recent Decisions 11/02/97

    2-Nov-1997

    Duty of care only owed to relevant parties(1) BCCI (Overseas) (in liquidation) (2) BCCI Holdings (Luxembourg) (in liquidation) (3) BCCI (plaintiffs) v (1) Price Waterhouse & ors (2) Ernst & Whinney & ors (defendants) (1997)Summary: An auditor does not owe a duty of care to the world at large when performing an audit.

  • Litigation Recent Decisions 28/10/97

    28-Oct-1997

    Prolonging litigation puts costs at riskSugar v (1) Venables (2) Michael Joseph (1997)Court: CA (Simon Brown LJ, Schiemann LJ, Robert Walker LJ) 17/10/9Appearances: Michael Beloff QC and Victoria Sharp instructed by Herbert Smith for the appellant. James Price QC instructed by Clifford Chance for the respondent.Summary: A plaintiff who had prolonged ...

  • Litigation Writs 11/02/97

    2-Nov-1997

    Administrators of the estate of coach driver Leslie Golds, who was one of nine killed when his coach crashed on the M2 near Faversham, Kent, on 10 November 1993, are taking Hounslow-based coach company Brelaton to the High Court. The writ, issued by David and Trevor Golds, claims Golds died as a result of negligence on the part of Brelaton, formerly Travellers Coach Co. In another writ the estate of Golds is being sued by British Airways (BA) for damages ...

  • Litigation Writs 28/10/97

    28-Oct-1997

    A German widower whose wife died after a road accident is suing the Dorking motorist he blames for the crash. Wolfgang Brunner, of Sinsheim, Germany, has issued a writ claiming damages from Matthew Boxall. Brunner blames Boxall for the accident that killed his wife Carmen on 16 October 1994, when she was knocked down as she crossed the A25 in Bletchingley. Mrs Brunner, 41, died 10 hours after the accident.Writ issued by Pritchard Englefield, ...

  • Liverpool magistrate protests at inefficiencies

    28-Oct-1997

    A STIPENDIARY magistrate sitting at Liverpools City Magistrates Court halted proceedings to vent his frustration at the courts inefficiency.This court does not provide an efficient public service, stormed Paul Firth. The time has come for someone to make a public stand.His outburst was provoked by a string of administrative failures at the courthouse, which have caused cases to be delayed.The problems have included court papers not being ready, and ...

  • Medium-sized City partners accept need for MDPs

    2-Nov-1997

    The majority of the senior partners of more than 20 medium-sized City law firms agreed that multidisciplinary partnerships were inevitable at a meeting to discuss Law Society policy with the society's president Tony Girling.The meeting, which took place last week, was called by Beachcroft Stanleys senior partner and former cabinet minister David Hunt who said he had detected a gap between what medium-sized law firms wanted and what the Law Society was doing.

  • Merger creates Atlanta 'powerhouse'

    2-Nov-1997

    Atlanta-based Kilpatrick & Cody and North Carolina-based Petree Stockton have merged to form Kilpatrick Stockton, an international firm with more than 370 lawyers, which ranks among the US top 50 practices.The new firm - which has offices in London and Brussels - has been described as a "powerhouse" in the south east of the US by the US press.Atlanta-based partner Martin Tilson claimed this is the fastest growing region in the US."We have a hot-economy," ...

  • Merger creates largest Spanish practice

    2-Nov-1997

    The reported merger of Arthur Andersen's Spanish legal arm and premier ranking Spanish firm J&A Garrigues, which is associated with Simmons & Simmons, has been finalised.The Madrid-based firm is discussing its referral agreement with Simmons following the merger agreement to form the "largest firm by far in Spain". Simmons and Garigues have joint offices in New York and Brussels.The new firm, known as J&A Garrigues Andersen, will have 67 partners and over ...

  • Mergers behind Hammond Suddards' drop

    2-Nov-1997

    Hammond Suddards has slipped from second to fifth place as adviser to plcs based in the Midlands and North of England following the Pinsent Curtis, Dibb Lupton Alsop and Addleshaw Booth mergers.A league table published last week by regional investment management company BWD Securities reveals that Eversheds has retained its position as the leading plc advisor for the Midlands and North of ...

  • No blow show in boxing match

    2-Nov-1997

    When 1980s middleweight boxer Mark Kaylor and manager Terry Lawless squared up at London's Royal Courts of Justice recently their towels were thrown in almost without a punch being thrown.The case, which had been expected to lift the lid on the fight game, ended up keeping it firmly in place. The Press had been preparing for a showdown over the alleged breach of fiduciary duty on the part of Lawless in his management of Kaylor, but it was left frustrated ...

  • Not-so-private investigations

    2-Nov-1997

    Sweeping solicitors' offices and barristers' chambers for bugging devices could become routine if the Government presses ahead with its proposals to allow the police to authorise their own surveillance operations without any exemption for legal professional privilege.Home Secretary Michael Howard is "considering his position" on the intrusive surveillance provisions after the Police Bill was savaged in the Lords. Peers backed the opposition amendments which would ...

  • Paris firm scores a first with takeover of London practice

    28-Oct-1997

    Paris-based Salans Hertzfeld & Heilbronn has become the first Continental firm to move into UK law, by swallowing up 50-lawyer Holborn practice Harris Rosenblatt & Kramer.The merged firm, to be called Salans Hertzfeld & Heilbronn HRK locally but dropping the HRK outside the UK, will have about 200 lawyers, a quarter of them based in London.Salans Hertzfeld currently has eight ...

  • Passage of liability bill to come under scrutiny

    2-Nov-1997

    TWO Jersey lawyers have been called to give evidence before a public inquiry to consider allegations that the island's controversial limited liability partnerships law was "fast-tracked" through its parliament, the States of Jersey.Mourant du Feu & Jeune partner Ian James, who lobbied for the new law on behalf of Price Waterhouse, and former Jersey politician Reg Jeune, who is a consultant to the firm and used to be its senior partner, are two of the seven witnesses ...

  • Personalities book their days in court

    2-Nov-1997

    After a two-week hearing which saw literary personalities including Tom Stoppard and Auberon Waugh, and former Liberal leader Sir David Steel take the witness box to argue in favour of keeping the 96-year-old Net Book Agreement, the Restrictive Practices Court has reserved judgment.Mr Justice Ferris, Mr J A King and Mr D B Colgate have been urged by director general of Fair Trading, John Bridgeman that the NBA should be formally ended to ensure that new ...

  • Peter Cooke is head of the employment department at Theodore Goddard.

    28-Oct-1997

    Advocate General Michael Elmer delivered his opinion to the European Court of Justice (ECJ) in Grant v South West Trains on 30 September. He concluded that restricting family travel benefits for rail workers to partners in heterosexual relationships amounts to discrimination under article 119 of the Treaty of Rome.Article 119 protects the right to equal pay for equal work, and is enforceable by individuals against their employer in many circumstances. Pay can include, ...

  • Pinsents man moves North

    2-Nov-1997

    Former Pinsent Curtis litigation partner Guy Harvey, who had been at Simpson Curtis for 22 years, joined Dickinson Dees last week.Of the original 12 Simpson Curtis litigation partners, he is the eighth to leave since the merger with Pinsent & Co 20 months ago.Harvey at one time headed the litigation department. Another former head of Pinsent's litigation in Leeds, Gary ...

  • Profession slams LAB plans

    2-Nov-1997

    Legal organisations are furious that Legal Aid Board proposals for high-cost legal aid cases were revealed for the first time in the press last week. They accused the LAB of "policy-making by headlines" and "trespassing into the political arena".Lawyers were first made aware of the LAB's plans when they appeared as a report in The Times last Wednesday.The proposals, which will cover legal aid cases costing more than £500,000, would force lawyers to ...

  • Projects

    2-Nov-1997

    Harrogate-based Russell Davidson & Associates acted for Bradford Community Health NHS Trust in the Private Finance Initiative redevelopment, disposal and leaseback of Park Road Health Centre. Cobbetts acted for the developer Turner Construction and Julian Holy acted for the forward purchasers Rotch Properties.

  • Property

    28-Oct-1997

    Macfarlanes advised Legal & General on the establishment of a limited partnership with Scottish Widows, advised by Freshfields, and Norwich Union, advised in-house. The partnership has been formed to invest in industrial property and Legal & General Investment Management has been appointed fund manager.

  • Property

    28-Oct-1997

    David Conway & Co advised AIM-listed Trocadero on its u210m sale of the Trocadero Centre and London Pavilion to Berford Holdings.

  • Public sector exit

    2-Nov-1997

    Lewisham's senior planning lawyer Terry Osborne has opted to leave the public sector to join the planning department at City firm Penningtons. Osborne puts her decision to enter private practice down to her long-term desire to pursue an all-round legal career. "I thought I really needed to see things from the other side," she said.

  • Queen's Bench jury actions

    28-Oct-1997

    Jury actions now pending in the Queens Bench Division include: Gwyntopher v Schneerson (not before 27 October); Sullivan v Sutton and anor (not before 3 November); Singh and ors v Mitchell and anor (not before 3 November); Taylor v BBC and anor (not before 10 November); Matthews v Commissioner of Police for the Metropolis (not before 10 November); Reid v Local Sunday Newspaper, Morgan v MGN and ors, Lewis v Thames News Services and ors, Trigwell and ors v Colliver, ...

  • Remark reflects badly

    28-Oct-1997

    I was concerned to see, in the front-page news story Bingham questions public defender concept (The Lawyer, 14 October), that the Lord Chief Justice is quoted as saying, I would personally find it harder to motivate myself if I was paid a salary.If that remark was correctly attributed to him, he would in my eyes be seen to confirm the reputation of lawyers as rapacious. Further, his remark does no justice to the many salaried lawyers, both ...

  • Requests for mercantile courts answered

    2-Nov-1997

    Two mercantile courts to be set up in Newcastle and Leeds will be headed by long standing Clifford Chance partner Christopher McGonigal.The courts, at Leeds and Newcastle district registries, have been welcomed by practitioners and businesses in the region who have been campaigning for them since the end of 1994.At the moment practitioners often have to send papers for mercantile ...

  • Retail giants fight for Internet copyright

    28-Oct-1997

    M&S and others are preparing for battle over what they see as the abuse of their brand names on the Net. Roger Pearson reports. Retail giants Marks & Spencer, Virgin Enterprises and Sainsburys, along with the Ladbroke Group, are weighing into the legal battle over cyberspace copyright.The four companies are heading for the High Courts Chancery Division, with battle plans being drawn up by City firm

  • Sam Spade PI goes legal

    2-Nov-1997

    Law firms in the US use private detectives in a number of diverse areas, including criminal cases, tort actions, divorce proceedings, and sophisticated business transactions. They may even use them to prevent crimes, such as investigating potential and existing employees, conducting a sting or ensuring that prevention programmes are followed.One major US bank, for example, which had experienced money laundering problems, employed a private investigation firm to approach ...

  • Scots take the high ground

    2-Nov-1997

    When the British Legal Association gave evidence to the Royal Commission on Legal Services some 20 years ago, it suggested the establishment of solicitors property centres based on the model present in Scotland.I have never heard it suggested then, or since, that Scottish solicitors occupied a lower moral ground than those practising in England and Wales.In fact, one of the strongest arguments in favour of solicitors property centres was the ...

  • Scottish Law Soc boss sees pro bono light>

    28-Oct-1997

    John Elliot, the president of the Law Society of Scotland, wants to see a permanent pro bono unit for Scotland which would co-ordinate the handling of public interest cases for solicitors.Elliot told The Lawyer that he had previously been opposed to the formalisation of pro bono work because he considered it might encourage solicitors to do the minimum necessary.But hearing about working pro bono schemes at a recent conference in Melbourne the Australian Law ...

  • SIF management should be farmed out to private sector

    28-Oct-1997

    THE management of the Solicitors Indemnity Fund (SIF) should be farmed out to the private sector, argued Law Society treasurer Robert Sayer.Sayer has told The Lawyer that private firms specialising in running mutual funds should be invited to tender for the responsibility of managing SIF.There are around half a dozen specialist mutual fund managers, one of which, Bar Mutual, manages the Bars indemnity fund.Sayer said that under a tendering arrangement ...

  • Slaughters Paris partner makes move to Lovells

    28-Oct-1997

    Slaughter and May has recently lost one of its veteran lawyers in Paris to Lovell White Durrant.Philip Boys, who has been in Paris with Slaughters for 17 years, joins Lovells as a partner in its capital markets practice.David Hudd, head of capital markets at Lovells, said: Capital markets is an area that we are developing and he is very much part of that development.

  • Solicitor tries to put brake on property-selling bandwagon

    28-Oct-1997

    A LEADING conveyancing lawyer and former high-ranking Law Society council member has attacked the societys policy of encouraging solicitors to sell property.Paul Marsh, who chaired the societys property and commercial services committee for three years, says solicitors are wrongly being sold the message that property selling will be their financial saviour.The Law Society, in my view, is clouding the issues, said Marsh.Officially the society has distanced ...

  • Solicitors indemnity fund: Troubled indemnity

    28-Oct-1997

    Graham Balchin says it is time SIF looked at its own claims handling record. Graham Balchin is head of the professional negligence department at Bolt Burdon. Much has been written in recent weeks about the future of the Solicitors Indemnity Fund (SIF) and the extraordinary u450m shortfall of the current year.Discussion has centred on premium increases, which group should bear the brunt of the shortfall, and whether it is time for the profession to rethink the whole question ...

  • Special report

    28-Oct-1997

    The Middleton report benefits from the authors layman status, says John Malpas. LORD IRVINE succeeded in snubbing quite a few people at the Solicitors Annual Conference in Cardiff.Lord Mackay, his predecessor as Lord Chancellor, was one of them although the episode will probably have amused rather than angered Lord Irvines fellow Scot.The civil justice system should be accessible for everyone not just the very poor and the very rich, said Lord Irvine. Before ...

  • Special report

    28-Oct-1997

    This week, in the wake of Lord Irvines Cardiff speech, The Lawyer is running a special report on his plans for legal aid reform. In the first of five features (see panel) examining their implications, Chris Fogarty highlights the particular threat to the Bar. Having softened up the Bar by sparking off the fat cat QCs row, the Lord Chancellor, Lord Irvine, is now ready to deliver a potentially fatal blow.Behind Lord Irvines radical shake-up of the civil legal aid system is ...

  • Special report

    28-Oct-1997

    Geoff Hoon, Lord Irvines deputy, says the Government is asking hard questions about the necessity of assisting the less well-off in paying conditional fees insurance. Geoff Hoon is Parliamentary Secretary in the Lord Chancellor's Department. Access to justice is a crucial challenge for the Government. We face two issues: how to get legal help and advice to those on middle incomes who are excluded from legal aid and cannot afford the costs and risks of lawyers out of their own pockets; ...

  • Special report

    28-Oct-1997

    High street solicitors morale is at a low ebb after the Cardiff speech but, says Henry Hodge, the profession can bounce back. Henry Hodge is senior partner at Hodge Jones & Allen and deputy chairman of the Legal Aid Board. There is lots of doom and gloom on the high streets as the legal aid frontliners digest Lord Irvines Cardiff message. His vision for legal aids future has three distinct ...

  • Special report

    28-Oct-1997

    As his Cardiff legal aid bombshell confirmed, Lord Irvine has never been afraid of upsetting people. Mike Yuille and John Malpas profile the career of the roofers son who climbed the ladder of lawLawyers should not have been taken aback by the radical nature of Lord Irvines reform blueprint: his history shows he is not afraid of staging the odd revolution or two.A self-confidence bordering on arrogance might just lead to his downfall.In 1981 he led ...

  • Stikemans is first Canadian firm to move into Australia

    2-Nov-1997

    Stikeman Elliott has become the first Canadian firm to open a branch in Australia.The firm joins US firms Baker & MacKenzie, Coudert Brothers and Sullivan & Cromwell in Sydney."We're expanding in Asia so Sydney is a logical step", said the firm's senior partner Brian Rose. "Being here will give us access to quality lawyers."Three lawyers will ...

  • Strategic council post

    2-Nov-1997

    Chelmsford solicitor Gay Hollebon has been appointed assistant chief executive at the borough. His role will be to manage the council's public relations and marketing, as well as to head a new strategy and programme management unit, with the task of over-seeing the council's long-term strategy. Hollebon has been with the council for nine years.

  • Suppliers are given thumbs up

    2-Nov-1997

    Alison Laferla reportsLegal customers are not as dissatisfied with their IT suppliers as previous reports have suggested, according to the Legal Software Suppliers Association chairman John Wilde.A customer satisfaction survey conducted recently by the LSSA has revealed that most of the 426 respondents were happy with the overall service they received from their suppliers.As many as 67 per cent of respondent firms said their expectations of the ...

  • Swiss sue Cadbury

    28-Oct-1997

    Judgment is pending in the High Court battle between the Swiss chocolate industry and UK chocolate giant, Cadbury. The action, an unusual one which could have wide implications for the industry, involves Suchard, Lindt and the Swiss chocolate industrys trade association Chocosuisse on one side, and Cadbury on the other. The Swiss accuse Cadbury of passing off one of its bars, called Swiss Chalet, as being genuine Swiss chocolate. Cadbury is resisting ...

  • Take a look around, what's going on?

    2-Nov-1997

    UK firms are going to have to get much smarter. We cannot continue to pretend that the laws of modern business success do not apply to us.That means looking at what practices at and professional service providers home and abroad do to grow and develop new business. We need some sort of bench-marking to find out the best possible professional practice and apply it to the various parts of our business.Legal practices have to provide legal advice, but they ...

  • The Lawyer Inquiry: Brendan Murphy

    28-Oct-1997

    Brendan Murphy was born in Tramore, Ireland in 1943. He is head of the commercial litigation department at Edward Lewis.What was your first job?Throwing out drunks from an Irish pub then attempting to get them back in again when business got slack.What was your first ever salary as a lawyer?u4 10s/-, give or take the odd farthing.What would you have done if you hadnt become a lawyer?

  • The Lawyer Inquiry: Lawrence Davies

    2-Nov-1997

    Lawrence Davies was born in Oxford on 30 July 1966. He now lives in London and is solicitor advocate at the North Lambeth Law Centre. What was your first job?Research assistant at the Law Commission.What was your first ever salary as a lawyer?£16,000 (McKenna & Co).What would you have done if you hadn't become a lawyer?Been a writer. But nothing is exclusive, ...

  • Time for lawyers to face the inevitable

    28-Oct-1997

    THE LAW Society and the Bar Council are right to join a crusade against Lord Irvines plan to substitute conditional fees for legal aid in most civil cases. There is a very real danger that reforms that are designed to provide access to justice to the middle classes will deprive the poor of that same right.But there is also a danger that lawyers will get so carried away fighting the good fight, they will conveniently forget the part they have played in causing the dreadful ...

  • Trade unions scoop millions in members' damages

    2-Nov-1997

    Trade unions are winning more in legal damages for their members than ever before, according to a TUC survey of union legal services.The report, Legal Services for the Union Family, estimates that unions won £323m for their members in 1995, an increase of £31m on the previous year, making unions the main source of support when people are injured or become ill because of their work.It also concludes that union legal services are good value for money, ...

  • Undecided English

    2-Nov-1997

    I am a dually qualified Scottish and English solicitor with experience of working in both jurisdictions. The debate in England about whether or not to establish solicitors property centres along the lines of those in Scotland never ceases to amaze me.Every four years the debate surfaces, dies down and then re-surfaces, before once again dying a death.The Scottish system of solicitors property centres has been alive and well for many years now. The English ...

  • Where openness is still a closed shop

    2-Nov-1997

    Council members should closely scrutinise the fine print of a new document from the Law Society that is currently sitting on their desks.The Provision of Information to Council Members - Guidelines for Staff promises to create openness and is a response to the council's resolution on the lack of disclosure by those involved in the Regis debacle in December.However, despite its promises, the document would seem to signal more of a clampdown on disclosure ...

  • White & Case loses Nelson

    28-Oct-1997

    Leading Texas firm Baker & Botts has set up a temporary office in London and is in the process of looking for permanent space.Jay Kolb, head of the firms Moscow office, has been transferred to London to run the operation.Kolb is believed to have been a driving force pushing for the office, which is the firms first in western Europe and second outside the US.Joel Swanson, partner at the firms Houston head office, said: One of our primary strengths ...

  • White & Case loses Nelson

    28-Oct-1997

    US attorney Bernard Nelson has left White & Cases London office, where he was administrative partner, to launch a capital markets practice in the London office of rival US firm Latham & Watkins.Nelson, who has been with White & Case for 22 years, 10 of them in London, said: It was an opportunity ...

  • Wilde Sapte suffers triple loss

    28-Oct-1997

    Another three partners have resigned from Wilde Sapte following its loss of two partners to US firm Cadwalader Wickersham & Taft.UK/Indian dual-qualified salaried banking partner Pratap Amin, who was with Wilde Sapte for over two years, is going back to India next March. It is understood he resisted the firms offers of equity partnership as he was unsure whether or not he would stay at the firm.Financial services partner Nicholas Walmsley is to go to