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THEIssue No. 118 November 2000
RITJOURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND
W
CONTENTS
Delegate don’t Abdicate . . . . . . . . p 3
Withdrawal of Cash Basis . . . . . . . p 5
Employment Law Update . . . . . . . .p 12
The future constitutional arrangements forthe administration of justice in NorthernIreland was the common theme in thekeynote addresses made at the annual dinnerof the Council of the Society held at theBalmoral Conference Centre on 20thOctober.
Addressing the assembled guests, whichincluded representatives of business, themedia, voluntary and professional sectors,the First Minister, Right HonourableDavid Trimble MP, MLA called for anearly commitment by the Government todevolve responsibility for policing andcriminal justice matters to the NorthernIreland Executive and Assembly. He alsocalled for a new Northern IrelandDepartment for Justice; a newindependent prosecution service whichwould also take over the role of policeprosecutors at magistrates’ court level;and a re-appraisal of proposals containedin the Criminal Justice Review relating tocommunity safety and restorative justice.
The First Minister, in rehearsing theprogress which had been made in takingforward the Belfast Agreement, pointedalso to several other initiatives ofparticular interest to the legal profession.He referred to the "turbulent times"through which lawyers are living becauseof the almost unprecedented number ofnew initiatives with which lawyers arehaving to come to terms. Mr. Trimblehighlighted concerns over proposals bythe Government on criminal injuriescompensation reform, not least theproposed removal of the right to free legalassistance in making claims under theScheme. Adverting to legal aid reform,and affirming support for the proposedtransfer of legal aid administration to anew Legal Services Commission, the FirstMinister drew attention to the adverseimpact on the network of small practiceswhich might well result from franchiseand contracting arrangements.
Responding on behalf of the Society, thePresident, John Meehan, emphasised the
important contribution which could bemade by solicitors to debate on theseissues. On the prospect of devolution ofresponsibility for the administration ofjustice, he commented: "Obviously, this isa debate in which we as lawyers havebeen taking a keen interest. Clearly, thereare persuasive arguments in favour of agreater degree of local responsibility andaccountability. On theother hand, there areequally criticalconstitutional andstructural questionswhich need to bethought through withcare. Of these, perhapsthe most important ishow one safeguards theindependence of thejudicial process. Asthese issues areexamined in greaterdetail, we in the LawSociety look forward tocontinuing ourcontribution.”
The Presidentresponded positively tothe First Minister’sremarks on criminalinjuries compensationand legal aid proposals.He highlighted some ofthe major achievementsduring his presidential year, commendingin particular work which had been doneto promote solicitor-advocacy; to preparefor extension of the Home CharterScheme to all Society members; to addressequality issues within the profession; toreinforce the Society's commitment toclient care and effective self-regulation;the promotion of quality standards and acontinuing professional developmentprogramme.
Referring to the importance ofmaintaining the confidence of thecommunity, the President summarised hismain theme; "To me, that is the future of
the solicitor's profession - that it shouldlook to the community's support for thepreservation and advancement of what isunique and valued in its service. By thesame token, of course, that public supportis fostered by keeping our methods ofwork, its quality and direction, undercontinuous review and by never failing toask the question: Can we do better?"
Principal guests pictured at the Council's annual dinner includedback (left) ; John Cushinan QC, Chairman of the ExecutiveCouncil of the Bar of Northern Ireland; back (right) His HonourJudge Hart, Recorder of Belfast. Front from left: Jane Fort,American Consul; First Minister, Right Honourable DavidTrimble MP, MLA; John Meehan, President of the Law Society ofNorthern Ireland; Rev Kenneth Todd, President of the MethodistChurch in Ireland; Gerry Loughran, Head of the Northern IrelandCivil Service and Lord Justice McCollum.
Devolved or not Devolved?
Note: The full text of the speech deliveredby the President can be found in the PressStatements section of the Society website(www.lawsoc-ni.org)
November 2000
2
Dear Editor,
I have just read Issue number 117 dated October 2000 of "The Writ".
I have particular interest in the comments made on page 12 by the SolicitorsCriminal Bar Association in relation to the "Abolition of the Legal Aid Department".
As Chairman of the Legal Aid Committee, I am rather concerned about the use ofthe word "abolition" because the phrase implies that the Department may not havebeen administering Legal Aid in a fitting manner.
Through your "Letters to the Editor" column I would hope to advise the professionthat the Law Society, including the Legal Aid Department, have, in spite of manydifficulties, discharged their responsibilities for the administration of Legal Aidhonourably. This point has been recognised in the recently published GovernmentDecision Paper, "The Way Ahead - Legal Aid Reform in Northern Ireland".
I am pleased to be able to report that it is the Legal Aid Committee's intention totransfer to any Legal Services Commission the Legal Aid Department, its staff andresponsibilities in the same honourable fashion.
I am sure the Solicitors Criminal Bar Association would wish to join me in thankingthe current and previous Legal Aid Committee members, and, indeed, all membersof the Legal Aid Department staff, for the work that they have done in the past andwill continue to do until the proposed transfer that may be around April 2002.
Yours sincerely,
G Andrew CarnsonChairman, Legal Aid Committee
FOUR "HANDS ON" SEMINARS
These seminars will be presented intwo parts, "Elements of Software"and "Elements of the Web" eachof which can be booked separately.
PART 1 "ELEMENTS OF SOFTWARE"
Thursday 7th December
1) Getting to know your software.The basics of the Windowsoperating system and wordprocessing.
Thursday 14th December
2) Making the most of yoursoftware.A look at some of the lesser knownfeatures of commonly usedsoftware and how they can beused to advantage.
PART 2 "ELEMENTS OF THE WEB"
Thursday 11th January
3) Basic Web design and issues.The "Nuts and Bolts" of Webdesign, and getting a design ontothe Web.
Thursday 18th January
4) Legal Resources on the NetWith resources increasing all thetime this talk will demonstratehow to conduct an efficient search,and look at what you are likely tofind.
Booking: Caroline Gould 0117 923 7393
Venue: Queens University Law School
Time: All seminars at 5.00 p.m.
Cost:
SCL MEMBERSSeminars Part 1 £25.00 +vatSeminars Part 2 £25.00 “All four Seminars £40.00 “
NON MEMBERSSeminars Part 1 £35.00 “Seminars Part 2 £35.00 “All four Seminars £50.00 “
SOCIETY FORCOMPUTERS & LAW
Letter to the Editor
BlueChip Technologies LimitedCommitted to Making IT work for you
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Office and Mobile Voice RecognitionTo revolutionise the way you organise your office.
To arrange your free demonstration
Telephone 028 91 275590or
Fax 028 91 270043BlueChip Technologies Ltd provide integrated solutions to meet
your Practice needs.
BlueChip Technologies LtdInformation Technology Centre
2-4 Balloo AvenueBangor BT19 7QT.
E-mail to [email protected]
3
November 2000
Mike was the commercialproperty partner in a large firm ofsolicitors. He receivedinstructions from Lawrence, adirector of a property investmentcompany, to draw up a lease ofcommercial premises. Mike hadacted for the company manytimes. The instructions weredetailed and included a scheduleof terms that had been agreedwith the tenant. Included in theterms was a provision that thelease should include a breakclause, exercisable by the landlordat any time within the first twoyears of the term, upon giving sixmonths notice.
Straightforward enough thoughtMike, so he handed the file to hisnewly qualified assistant Robert.“This is urgent Robert,straightforward enough, get itdone ASAP, Lawrence is a goodclient, he won't give you anytrouble.”
That was the extent of theinstructions given to Robert, whowas under considerable pressurehimself due to the number ofstraightforward files that Mikeand other more senior membersof the team were passing to him.
He put the file to one sideintending to deal with it as soonas possible. Nothing happened.Concerned, Lawrence telephonedMike and expressed hisdissatisfaction with the delay.Mike was straight on to Robert,'Why the delay, it's astraightforward enough
transaction, get it finalised, I don'twant another conversation withLawrence trying to calm himdown.'
Robert immediately prepared adraft, sent it to the tenants'solicitor and arranged a meetingwith them the next day to get thedraft approved. No problemthere, the tenant and his solicitorattended the meeting and thedraft was approved with only acouple of small amendments.
The lease was sent by courier toLawrence who arranged for it tobe sealed and signed byauthorised signatories as he wasaway on business.Completiontook place.Noproblem,until Robertwasscouring thelease ninemonths later.No matterhow hard helooked thebreak clausewas not there.It had beenmissed out.'You will have toexplain this toLawrence', saidMike, 'it's yourfault'. But was it?
Had Mike's department had astructured approach to delegationthe claim may have been avoided.
The following steps at leastshould have been followed whenthe file was handed to Lawrence:
His work load should have beenchecked to protect him fromundue pressure.
Clear instructions should havebeen given as to what needed tobe done and when.
Further enquiry should have beenmade when the client complainedof delay.
His work should have beensupervised and the final draftchecked to ensure that it compliedwith the clear instructions given
by the client.
Delegate don't abdicate
This article first appeared in The Gazette 97/41 26 October 2000 and is reproduced here with the kind permisson of The Editor.
4
November 2000
SLS SURVEY OF THE LEGAL INFORMATION NEEDS OF THE LEGAL PROFESSIONThe year 2000 marks the 20th anniversary of SLS Legal Publications but, rather than celebrate in the usual way, we havedecided to demonstrate our continuing commitment to the legal profession in Northern Ireland by carrying out a surveyof your legal information needs. The survey covers both publication and training. You will have received a copy of thequestionnaire and a reply paid envelope in the last issue of the Writ. If you have mislaid your copy we are happy to replaceit.
SLS wishes to provide the highest quality, up to date legal information in the most appropriate form to the profession.Our aim is to promote best practice within the legal profession, and to extend general understanding of the law and legalsystem throughout Northern Ireland. We can only deliver the type of service which the profession requires if we clearlyknow what your requirements are and this survey is designed to provide that information. The results will allow us todevelop and improve our existing services according to the expressed wishes of the profession.
The survey will only provide meaningful data if as many people as possible complete this questionnaire. It will only take10 minutes of your time and we would urge you to complete it and so make your wishes known to us.
We should like to thank you in advance for your co-operation and help which is greatly appreciated.
Miriam DudleyProgramme Director
The Right Honorable Lord Justice CampbellChairman of the Board of Directors.
SLS Legal PublicationsSchool of Law
Queen's UniversityBelfast BT7 1NN
Tel: 028 9033 5224 Fax: 028 9032 6308
Organised for the Law Society of Northern Ireland by SLS Legal Publications
The Outline programme for 2001 is as follows. Booking forms and furtherdetails will be available in future editions of the Writ.
Monday 22nd January 2001. 6.30-8.30pm in the Canada Room at QUB. TheCriminal Evidence (NI) Order 1999. Cross-examination of vulnerablewitnesses. Professor Sean Doran BL, School of Law, QUB.
Thursday 22nd February 2001. 6.30-8.30pm in the Canada Room at QUB.Education Law in Northern Ireland. Laura Lundy, School of Law, QUB, andother speakers.
Thursday 8th March 2001. 9.30-4.00pm in the Canada Room QUB. ProbatePractitioners' Day led by Sheena Grattan BL, School of Law, QUB, and a teamof practitioners.
For further details please contact SLS Legal Publications, School of Law,Queen's University, Belfast BT7 1NN. DX 4330 NR Belfast 34. Tel: 028 90335224
CONTINUING LEGAL EDUCATIONSEMINARS 2001
5
November 2000
It has been drawn to the Society’sattention that there are a numberof entries contained in thispublication in relation tosolicitors’ practices.
The publication lists businessesthroughout Northern Ireland withreference to postal addresses, itcovers not only solicitors’practices but also all forms ofcommercial businesses.
The principal purpose of thepublication is to provide creditratings for potential customersbased on a D & B "risk indicator".
We do not know how solicitors’practices are selected for inclusionin the Register, or how theirrelated "risk indicator" has beenassessed.
If your firm has an entry in Dun &Bradstreet’s Business Register, weshould like to know if youanswered any enquiries orprovided any information to thatorganisation, or if you areotherwise aware as to how theentry came to be published?
Please reply to the DeputySecretary.
Dun & Bradstreet Business Register Summer 2000
We published the above note in the June2000 edition of ‘The Writ’.We understand that Dun & Bradstreetare currently undertaking a round of‘enquiries’ in solicitors practices toupdate whatever information they have.Please let the Deputy Secretary know ifyou receive any inquiries and ensurethat any replies from your practice areapproved by a partner or principal.
WITHDRAWAL OF CASH BASIS OF ACCOUNTING
WHAT DOES IT MEAN FOR YOUR FIRM?
The furore that surrounded the Treasury announcement of December 1997 mayseem long past, but the practical effect is happening now for those with 30 April2000 accounting year end dates.
Many solicitors will have practised for years without the need to value work-in-progress or produce a year end debtors list. This was thanks to Inland RevenueStatement of Practice A27 which permitted a ‘cash basis’ of accounting forprofessionals in all but their first three accounting years. Life was simple; incomewas recognised as received and expenses charged when paid. All this came to anend for accounting periods commencing after 6 April 1999, with the requirementthat accounts give a true and fair view (FA 1998 s42(1) and (3)).
So what does this mean in practice?
To achieve a true and fair view profits will be computed on a full earnings basiswhich includes debtors, creditors, accruals, prepayments and work-in-progress.In an ideal world, accounting systems altered in anticipation of this changewould produce such additional data with ease. For the less proactive, it may stillbe possible to extract the requisite figures, all be it with additional time andeffort in proportion to the size of the legal practice involved.
These figures will obviously be required at all future year end dates, but mustalso be computed for the first day of the initial full earnings basis accountingperiod - for example - on 1 May 1999 for a 30 April 2000 year end. On that firstday, the following value will form the basis of a “catch up charge”, which will betaxed separately under Schedule D Case VI:-
£
Debtors and prepayment and work-in-progress x
Less:Creditors and accruals (y)
“Catch up charge” z
The good news is that the charge involved can be spread over a ten year period,thus easing the immediate tax burden.
Besides the catch up charge, a firm with level profits from year to year shouldexperience little change in its annual tax bill as a consequence of the fullearnings basis. Compare this to the growing firm with rapidly increasing profitswhich will suffer higher taxes earlier as increasing debtors and work-in-progressare brought into account.
Work-in-progress valuation will be a critical issue for such growing firms andhence forms the basis of my next article, which gives straight forward andpractical guidance on the issues involved.
Caroline Anderson is Principal of Andersons Chartered Accountants & RegisteredAuditors and a member of the Quality Review Committee of the Institute ofChartered Accountants in Ireland.
6
November 2000
Right of Employees to beaccompanied to Grievance andDisciplinary Hearings:
Articles 12 – 15 EmploymentRelations (NI) Order 1999
Introduction
The majority of the new provisionsunder the Employment Relations (NI)Order 1999, such as those on maternityand parental leave, rights of part-timeworkers and an increase in themaximum award cap came into force inDecember 1999. Nonetheless, some ofthe most significant new rightscontained in the Order have yet to comeinto effect. The main reason put forwardin explanation has been that these haverequired adjustments to be made toexisting LRA Codes of Practice . Onesuch right is that under Articles 12-15 ofthe Employment Relations (NI) Order1999 which gives an employee the rightto be accompanied to grievance anddisciplinary hearings by a fellowworker, whether or not that fellowworker is a Union official. Lord Wedderburn of Charlton describedthe right of an employee to beaccompanied at disciplinary andgrievance hearings as ‘the mostpractically important innovation’contained in the Employment RelationsBill. Indeed, although industrialtribunals have been under an obligationto consider the LRA Code of Practicewhere relevant (Lock v Cardiff Rly CoLtd [1998] IRLR 358, EAT), there is noreported instance where a tribunal hasheld that a dismissal was unfair becauseof an absence of such representation. It
has been sufficient simply to show thatthe procedure was, in all thecircumstances, fair.
However, common law developmentshave had an impact in this area. TheEmployment Appeal Tribunal (EAT) inEngland and Wales has placed muchemphasis upon the provision ofadequate grievance procedures wherediscrimination is in issue. It hasindicated further that an employer’sobligation to ensure the prompt redressof grievances is indeed an implied termof the contract of employment (W AGoold (Pearmak) Ltd V McConnell[1995] IRLR 516). Formerly, there was nostatutory right to accompaniment atdisciplinary and grievance hearings.Some statutory support, nonetheless,subsists indirectly in the requirement onthe employer to provide the employeewith particulars of her/his employment.
The White Paper, Fairness at Work,reflected the government’s intentionthat the law should protect workersfrom intimidation, and further, aid thosewho might face difficulties inrepresenting themselves. Thus, anentrenched statutory right toaccompaniment at disciplinary andgrievance hearings was proposed, butwithout an attendant responsibilityupon the trade union representative, orother worker, to accompany her/hiscolleague unless s/he so wished.Furthermore, the White Paper indicatedthe government’s intention to bringprotective measures for thoseindividuals accompanying the workeron such occasions. The proposals werenot controversial. All parties saw theadvantage for industry on both sides ofproficient representation at suchhearings. Concerns were expressed,however, about the precise detail of theprovisions, and, in particular, thepossibilities for groundless orunwarranted interference fromoutsiders in an employer’s businessaffairs.
The right to be accompanied
The relevant provisions regarding theright to be accompanied are containedin the 1999 Order, Articles 12-15. The
general right to be accompanied is setout at Article 12, and relates to bothdisciplinary and grievance hearings,which are defined in Articles 15(4), (5).A disciplinary hearing is defined inArticle 15 (4) as one which could resultin the direction of a formal warning orthe taking of some other action inrespect of the employee. This definitionis broad in scope and may include awide range of procedures and internalappeal hearings. A grievance hearing isdefined as one ‘which concerns theperformance of a duty by an employerin relation to a worker.’ Such broaddefinitions raised concerns during thepassage of the Bill about workerspurposely seeking representation athearings when it was appropriate to doso. These concerns were countered bythe inclusion of the caveat within Article12(1) that the request be a ‘reasonable’one.
The right in practice
Article 12 therefore entitles a workerwho reasonably requests that s/he beaccompanied at a relevant hearing to beaccompanied by a single associate. Thatperson must be of the worker’schoosing and must be within a group ofspecified individuals. These includefull-time trade union officials, layofficials with the necessary orappropriate training and/or experience,or another of the employer’s workers(Article 12(3)). The companion is to bepermitted to address the hearing andconfer with the worker; however, s/hemay not ask questions on the worker’sbehalf (Article 12(2)). These provisionsare an effort to ensure an adequatestandard of representation and, perhapsmore notably, to reduce fears about therisk of outside interference in theemployer’s affairs.
Attempts were made during the Bill’spassage through Parliament to augmentthe role of the worker’s companion. Onesuch endeavour was the suggestion thatthe companion should have the right totake contemporaneous notes of theproceedings. The government rejectedsuch ideas on the grounds that suchprovisions would be better left toamended ACAS (and, by extension,
7
November 2000
LRA) Codes of Practice.
Time to prepare for hearings
Articles 12(4), (5) provide that thehearing should be postponed if theemployee’s chosen companion will notbe available. The employee must be ableto suggest an alternative date and timewhich is reasonable. In order to bereasonable, the date must fall inadvance of the end of five working daysbeginning with the first working dayafter the day proposed by the employer.
Time off to accompany worker
Article 12(6) places the onus upon theemployer to allow a worker to take timeoff during working hours for thepurpose of accompanying anotherworker. The provisions on time offwork for carrying trade union duties arealso extended to apply to thosecircumstances. It is important to note,however, that the government has notseen fit to place a duty on anyindividual or body to accompany arelevant worker if so requested.
Implications of refusal to permitworker to be accompanied
Should the employer fail or eventhreaten to refuse to allow a worker tobe accompanied at a disciplinary orgrievance hearing, that worker maymake a complaint to an industrialtribunal in accordance with Article 13(1)of the 1999 Order. The presentation ofthe complaint is subject to the usualthree-month time limit, contingent inturn upon the limited power ofextension contained in Article 13(2). Ifthe tribunal finds that the complaint iswell founded, it shall order theemployer to pay compensation of anamount not exceeding two weeks pay.
Although the timetable for thecommencement of the remainingprovisions of the 1999 Order has notbeen made public, it is unlikely thatmuch more time will elapse beforeArticles 12-15 come into effect.
Mark McEvoy, Law Centre (NI) Intern
8
November 2000
SOLICITORS ADVANCED ADVOCACY COURSE 2001The Law Society’s Advocacy Working Party will be running the above course again in 2001 after the wonderful successof the pilot course this year. The profession will have read in recent editions of this publication of the marvellousachievements of the 24 successful participants. All of these had a minimum of 16 years post qualification experienceand, despite their various professional commitments, completed the very demanding advanced evidence course inMay/June and reached an extraordinary level of competence and confidence in the intensive five day advocacy coursein September. The Working Party is delighted to be able to announce that NITA (National Institute for Trial Advocacy)from the US has acknowledged the success of the pilot course from its perspective and the Board of that organisationhas agreed to commit its staff to participate on the same basis for the coming year as it did for this year’s pilot course.That means that we can expect four of the leading trial advocates from this prestigious organisation to take the leadin next years course in late September 2001. The first part of the course which leads to the award of a certificate bythe Law Society is the weekly lectures/workshops/seminars in advanced evidence which take place over a full termbetween April-June in the evenings in Law Society House. The advocacy course itself in September will take place inthe Institute of Professional Legal Studies, Lennoxvale, Malone Road, Belfast over one week.
The level of collaboration in the delivery of this course was almost unique in that the pilot brought together not onlyNITA and the Law Society of Northern Ireland, but also the judiciary from all levels, the Institute of Professional LegalStudies as well as individual senior members of both the Bar and the Solicitors professions.
Last year we had almost twice as many applicants as were available spaces so it is important that those who areinterested in participating apply as per the directions in the next edition of the Writ which, hopefully, will carry theapplication forms and further details of the course.
Tony CaherChairmanAdvocacy Working Party
Application forms for Practising Certificates for the year 6th January 2001 to 5th January 2002 will shortly bedespatched by the Society. Each solicitor wishing to apply for a certificate for this period should ensure that theform is completed in accordance with the Guidance Notes which appear on the reverse side of the applicationforms. Practitioners are reminded that responsibility for a correct and timely application lies with the individualsolicitor seeking the authority of the certificate (not with his or her firm or Department). The forms, togetherwith the other specified documentation and appropriate fees, must be returned to the Society no later than 5thJanuary 2001.
PRACTISING CERTIFICATE APPLICATIONS: REMINDER
PRELIMINARY NOTICE
9
November 2000
THE EUROPEAN LA WYER
On Call Working Time
The European Court of Justice has heldthat time spent by staff on call as partof the working week is shift work andto be treated accordingly in calculatingpay and hours worked for thepurposes of the EU Working TimeDirective.
The groups most affected by the rulingare non-consultant hospital doctorsand other health service professionals.
Smoked Out
The European Court of Justice hasstruck down a landmark piece of anti-tobacco legislation phasing outadvertising and sponsorship of tobaccoproducts by 2006 as too extensive inscope to be justified as an internalmarket measure.
The Commission is preparing a newdirective to limit advertising which it isintended will overcome the problemsof the impugned measure.
Charter of Fundamental Rights:UK/Irish Stance
British Prime Minister Tony Blair andIrish Taoiseach Bertie Ahern wereamong the minority of EuropeanMinisters opposing the granting ofbinding legal effect to the proposedCharter, at a recent meeting of heads ofgovernment.
The charter's ultimate legal status willbe decided later.
Criticism of Irish Adoption ofEuropean Human Rights Convention
An Irish academic has warned that themodel of incorporation of theConvention in Ireland will createdifficulties in that the use of a
"declaration of incompatibility" willleave unclear the rights, for example ofthose in custody, under legislation sodeclared to be incompatible.
Stressing that the ingenuity of Irish andUK courts would find an adequatemodus operandi for this device henevertheless speculated thatincorporation of the Convention byfull-scale constitutional amendmentmight be appropriate in the longer run,putting the Convention "at the veryheart of" the legal system.
Gender Reassignment Case
A Judicial Review started in the Irishcourts is the first such case in thatjurisdiction reviewing as it does therefusal of the Registrar of BirthsMarriages and Deaths to reflect thechange which an individual wishes tosee made to the gender originallyassigned in the certification of birth.
".EU" Domain Name for Europe
The .eu domain name used as analternative for European business for.com or .org should be available from2001 according to the EuropeanCommission.
RTE Licence Fee
The Minister for Arts in Ireland hasindicated that RTE is not automaticallyentitled to a licence fee increasebecause of the possibility it might beconsidered an illegal state aid inEuropean law.
European Convention Rights becomesLaw
The European Convention came fullyinto force in this jurisdiction on 2October 2000 and numerous cases havealready raised Human Rights issueshere.
PERSONAL INJURYSPECIALISTS
Robert Walsh & CoSolicitors
Commissioner for Oaths2 Herbert Street, Dublin 2
We are willing to act as agents in
ALL LEGAL MATTERS.Consultations in Northern Ireland
when required
Client confidentiality assured.
Fee splitting in all cases
CONVEYANCINGFINANCE ARRANGED
AT LOW RATESPlease contact:
Robert Walsh B.A. LL.B.at 2 Herbert Street, Dublin 2
to discuss your case
Tel: 00 3531 6612823/6762106Fax: 00 3531 6612045
ANNUAL DINNERDANCE
Date: 13th January 2001
Venue: Culloden Hotel
Dancing to Rock a fella
Price of tickets: to be confirmed
Reservations can be made for tables
seating
10 people by contacting
Oonagh McClure on
028 9089 0457
by Brian Doherty
10
November 2000
Membership RenewalMembership renewals for 2000-01 are
now due. Please send yourmembership subscriptions (£10 per member per year)
to the treasurer, Orla Murray.
I enclose cheque for £10.00made payable to ELG (NI)
Name
Address
Telephone No: (work)
Membership Form
EMPLOYMENT LAWYERS’ GROUP (NI)
NIYSA Annual Conference-Date changeWe are pleased to announce that our Conference for 2001 will be taking place in conjunction with the Liverpool Young Solicitors Group in Liverpool, Friday 18th May – Sunday 20th May 2001.
Although our Conference Agenda has yet to be finalized it is anticipated that it willrun as follows:
Friday 18th May 2001 am Welcome and Registrationpm Social Event.
Saturday 19th May 2001 am Lecturespm Black Tie Ball
Sunday 20th May 2000 am City Tourpm Brunch and Goodbyes
We hope to keep costs in line with previous years at approximately £140.00 perdelegate including travel (based on two persons per room) by availing of reduced airfares through early booking.
Accordingly all those wishing to attend should complete and return the attachedBooking Form together with a deposit cheque in the sum of £40.00 made payable"NIYSA" no later than Thursday 21st December 2000.
Demand for our Belfast Conference in March 2000, (attended by over 380 delegates),greatly exceeded available places and so early booking is advised, places will beallocated on a first come first served basis.
(Details of our finalized programme and fee will appear in The Writ in early course.)
Booking Form
18th – 20th May 2001, NIYSA Conference.(Please complete in type or block letters)
Name Firm Name
Address
Cost (approx £140.00)
Tel(inc.code) Fax
I will be sharing with
I wish to book for the NIYSA Annual Conference. I prefer a double/twin room(Please circle your preference). I accept that all payments are non-refundable and thatmy booking is subject to availability and to written confirmation by the Organisers.The remaining balance shall be payable by me to the NIYSA on request . I shall beresponsible directly to the Hotel for any incurred room tab on check out.
Note* We regret that we cannot accept bookings at the Conference Hotel for single roomsor single nights. All bookings must be made through NIYSA.
Please tick if vegetarian
*Bookings cannot be accepted after Thursday 21st December 2000
Signed Date
Please return completed booking form and £40.00 deposit cheque in an envelope marked"NIYSA Conference" to:Maureen Bell, Vice Chairman, NIYSA, c/o Bigger & Strahan Solicitors, SinclairHouse, 89 Royal Avenue, Belfast, BT1 1EX.
EMPLOYMENT LAWYERS’ GROUP(NI)
Hon. Sec. Eamonn McArdle, Bar Library, Royal Courts ofJustice, Chicester Street
Voice Mail: (028) 9056 2282
Fax: (028) 90231850
E-mail: [email protected]
Chairperson: Beverley Jones
Hon. Treasurer: Orla Murray
Website:
www.legal-island.com/elg.htm
11
November 2000
European Study Trip - Joint Office, Brussels, February 2001I would like to attend the European Study Trip 2001.
Name
Firm
Position
Address
Tel Fax
Length of stay
Preferred travel
Please return to: The Deputy Secretary, Law Society of Northern Ireland, Law Society House, 98 Victoria Street, Belfast BT1 3JZ.
EUROPEAN STUDY TRIP 2001WEDNESDAY 7TH - FRIDAY 9TH FEBRUARY 2001
The study trip will be organised by and based at the UK Law Societies Joint Brussels office, with accommodation on a bed and breakfastbasis in the European Institute for Irish Affairs at Louvaine.
Travel will be by direct “Sabena” Belfast-Brussels flight departing early Wednesday morning and returning either late Friday or onSunday.
The approximate cost will be £630.00 (or £510.00*) to include travel; accommodations; the course itself and 3 lunches to which MEPsamongst others will be invited
(£630.00 - Wednesday 7th returning late Friday 9th - *£510.00 - Wednesday 7th returning Sunday 11th - apex flights taking in a Saturdaynight are cheaper).
The cost does not include evening meals during the week or any weekend meals and daily train fares between Louvaine and Brussels.Dinner and daily travel arrangements have been left flexible to allow participants to either stay in Brussels or to enjoy the universitytown ambience of Louvaine. There is a regular “commuter” train service between Louvaine and Brussels with a journey time ofapproximately 35 minutes.
The aims of the Brussels study visit are to enable solicitors to: -
Learn (more) about the European Union, its institutions and how European policies affect solicitors and their clients;Visit the European institutions, e.g. the parliament and the court of justice and see them working;Meet officials working for the European institutions, MEPs; UK government officials, solicitors and other professionals based in Brusselsand to hear first hand from them about the EU, how the institutions work and the latest policy developments; and sample Brussels lifeand some of its well known restaurants!
The programme will include, for example, talks on the European Court of Human Rights’, using EC law to protect your clients interests;latest developments in EC employment law and policy; the work of the justice and home affairs task force; the role and work of theParliament; the role of the UK government in EU policy in law making; regional structural funding available in Northern Ireland; recentdevelopments in environmental law and policy; the role of the commission’s legal service.
As numbers on the trip are limited to 12, please reserve your place by completing and returning the form below to the deputy secretary.
12
November 2000
1. Sexual Harassment
Background
In June 1997, UNICE (pan-Europeanemployers' lobby group) informed theEuropean Commission (<< Commission>>) that sexual harassment was a matterto be dealt with at national level ratherthan EU level. In contrast, the fourthmedium-term programme for equalopportunities for men and women (1996-2000) adopted by the Council on 22December 1995 emphasised the need forEuropean-wide action to combat sexualharassment. The Commission has sinceproduced two studies in this area.
Recent Developments
On 7 June 2000 the Commission publisheda proposal for a European Parliament andCouncil Directive amending Directive76/207/EEC on the implementation of theprinciple of equal treatment for men andwomen as regards access to employment,vocational training and workingconditions. (http://europa.eu.int/eur-lex/en/com/pdf/2000/en_SOOPC0334.pdf )
The proposal includes a first definition ofsexual harassment in the workplace. Thisis based on the European CommissionCode of Good Practice, of 1993, on how tocombat sexual harassment at work, as wellas the Directive based on Article 13 of theTreaty which is concerned withharassment as discrimination on groundsother than sex. The suggested definition ofsexual harassment is to be inserted asArticle 1 a as follows:
'Sexual harassment shall be deemed to bediscrimination on the grounds of sex atthe workplace when an unwanted conductrelating to sex takes place with thepurposes or effect of affecting the dignityof a person and/or creating anintimidating, hostile, offensive ordisturbing environment, in particular if aperson's rejection of, or submission to,such conduct is used as a basis for adecision which affects that person.'
Next Steps
The procedure being followed is the co-decision procedure (where both theCouncil and the Parliament have an equalsay). There will be an exchange of views in
the Women's Rights and EqualOpportunities Committee on 28 November.A first consideration of the draft report willbe either on the 22 - 23 January or 26 - 27February. Depending on the outcome of thecommittee meetings, the adoption of thedraft report is currently scheduled to beeither in February or March. The firstreading of the proposal is currentlyscheduled to be at the Parliament's plenarysession in Strasbourg in April.
There is expected to be a Council debate onthe subject on 16 October.
2. Works Councils (for companies with 50or more employees)
Background
On 11 November 1998 the EuropeanCommission adopted a proposal for ACouncil Directive establishing a generalframework for informing and consultingemployees in the European Union(http://europa.eu.int/comm/da05/soc-dial/labour/councilprop/com612_en.pdf).The proposal applies to all enterprises witha minimum of 50 employees, regardless ofwhether or not they are based in oneMember State only, and requires them toinform and consult their employees ingood time about issues directly affectingwork organisation and their employmentcontracts.
The proposal seeks to complement the 1994works councils Directive (995/45/EEC)whereby undertakings with more than1000 employees and based in at least twoMember States must set up works councilsto inform and consult employees.
Recent Developments
The European Parliament's Committee onEmployment and Social Affairs adopted itsreport (http://www2.europarl.eu.int/dg7-bin/seid.pl ) on the Directive in March1999 with the Parliament's plenaryendorsing the report the following month(thereby completing the first reading stageof the co-decision procedure).
The Parliament's position relating to thescope of the Directive is that it should alsocover smaller enterprises (i.e., those whichhave less than 50 employees). However,there are certain countries (eg Spain andGermany) who do not want smallerenterprises being subject to this Directive.
The UK would prefer a more indirectapproach to the subject, i.e., they wouldprefer it if there were general objectives tobe achieved, rather than specific targets, asthey would like to retain some autonomyover this area.
The Commission appears to be open to theidea of the application of the Directive tosmaller enterprises, however it remains tobe seen what the Common Position of theCouncil will be.
The Parliament also amended theDirective in order that it would extend tothe public sector.
With regard to the 1994 Directive, whichthe current proposal aims to complement,there has been negative feedback from theCommission in a Communication(http://europa.eu.int/eur-lex/en/com/pdf/2000/com2000_0188enOl .pdf ) relating to the implementation ofthe Directive by the Member States.
Next Steps
The Employment and Social AffairsCouncil will meet on the 16-17 October.The Directive is on the agenda of mattersto be discussed and the Council shouldreach a Common Position at this meeting.
Even if the Council do not take on boardthe Parliament's proposal for theapplication of the Directive to smallerenterprises, the Parliament will have theopportunity to address the issue at theSecond Reading stage of the co-decisionprocess and, should there be differentpositions taken by the Parliament andCouncil, at the conciliation stage.
3. Individual Dismissals
Background
The European Commission prepared alengthy study on this issue in 1997 andconsulted Member States on thedesirability of EU legislation and whetherit should consult the Social Partners(organisations representing bothemployers and employees) on the issue.The majority of Member States wereopposed to the idea of EU legislation sothe issue in itself is 'frozen' at EU level.
Recent Developments
Interestingly, the draft of the Charter on
Employment Law Update (provided by the Law Societies’ Joint Brussels Office)
13
November 2000
Fundamental Rights adopted by theCharter Convention - the body appointedto draw up the Charter - includes socialand economic rights which were notinitially on the list drawn up by theConvention as a basis for discussion. Oneof these rights is: 'Every worker has theright to protection against unjustifieddismissal' (Article 29).
Whilst it is predicted that the Charter willsimply be a declaration of rights, theEuropean Parliament has recently votedfor the incorporation of the Charter intothe EU Treaty. Should the Charter beincorporated into the Treaty, it would thenattain 'legal legitimacy' as the EuropeanCourt of Justice (ECJ) could cite itsprovisions as general principles of law.This may ultimately have the effect, forexample, of the question of individualdismissals being addressed, in part, by theCharter, via its interpretation by the ECJ.However, it is the EU Heads of State andGovernment that will ultimately decidewhat the legal status of the Charter willbe; this may well be decided when theymeet in Nice in December.
Next Steps
The EU Heads of State and Governmentwill meet at the Biarritz European Councilon 13-14 October and consider the draftCharter. They will then decide the nextstep (which will probably involvediscussions relating to the legal status ofthe Charter).
4. Anti-discrimination measures
• Anti-discrimination package
Background
The 'anti-discrimination package' waslaunched under the Commission'sCommunication on certain measures tocombat discrimination (http://europa.eu.int/comm/dg05/fundamri/docs/com_en.pdf)
This package of measures includes twoproposals for Directives and a CommunityAction Program to combat discriminationfor 2000 - 2006.
The first of these Directives is CouncilDirective 2000/43/EC implementing theprinciple of equal treatment betweenpersons irrespective of racial or ethnicorigin, adopted on July 19 2000, whichcovers racial discrimination in theworkplace and beyond(http://europa.eu.int/comm/dg05/fundamri/docs/etllnic en.pdf)
The second proposal is for a Council
Directive establishing a generalframework for equal treatment inemployment and occupation. This coversother forms of discrimination such asdiscrimination on grounds of sexualorientation, age and religion but only atwork(http://europa.eu.int/comm/dgOS/fundamri/docs/work_en~df).
Recent Developments
On 5 October the European Parliamentapproved the Commission's proposal forthe Directive relating to equal treatment inemployment and occupation, along withthe amendments that had been putforward by the Committee onEmployment and Social Affairs.
The Parliament suggested a package ofamendments which would include:
• extending the scope of the Directive inorder that its provisions would apply to,for example, the acquisition ofprofessional experience and unpaid work,as well as paid work;
• entitling religious communities tochoose staff on the basis of religiouscriteria (if the occupation is directly linkedto the organisations'religious aims;
• allowing differential treatment ongrounds of age if objectively justified; and
• providing 'reasonable adjustments' to,e.g., services or facilities for disabledpeople, in order that they can benefit fromservices, programmes and employmentopportunities.
The draft Directives set out broadprinciples allowing Member States somelatitude in their implementation. Forexample, some States may deal withdiscrimination as a criminal offence,whereas in other States it may attract onlycivil liability in the form of an obligationto pay compensation. There may also beexemptions - for example, employers maybe able to argue that jobs which require alarge amount of costly training areunsuitable for people nearing retirementage.
The European Parliament approved theAction Program to combat discriminationon the grounds of race or ethnic origin,religion or belief, disability, age or sexualorientation, on 5 October 2000. Anamendment has called for the extension ofmeasures in order to prevent -not justcombat - discrimination.
Next Steps
The Council will now consider theproposed Directive and the ActionProgram.
• New anti-discrimination centre opened
On 7 April 2000 the new headquarters ofthe "European Monitoring Centre onRacism and Xenophobia" in Viennaopened. The Centre is an independent EUbody made up of 18 people, designated bythe European Parliament, theCommission, the Council and MemberStates. The Centre intends to analyseracism and xenophobia within the EU andinvestigate their causes and consequences.
• New anti-discrimination initiative
In May 2000, the European Commissionlaunched EQUAL, a new Communityinitiative to combat discrimination (basedon sex, racial or ethnic origin, religion,disability, age or sexual orientation) andinequality in the job market, throughtrans-national co-operation. The initiativeis designed for the programming period2000-2006 of the European Social Fund,with a total budget of Euro 2,847 million.It complies with two previousprogrammes, ADAPT andEMPLOYMENT, but is more focused on aterritorial approach with DevelopmentPartnerships (DPs) established atgeographical or sectoral level. These DPswill be responsible for designing andimplementing innovative strategies.EQUAL also includes an "asylum-seekers"element, which is meant to take dueaccount of their social and vocationalintegration. The European Commissionhas published a Communication .(COM(2000)853) (http://europa.eu.int/comm/emplovment_social/equal/com/com853_en.pdf) establishing theguidelines for EQUAL.
5. Undeclared work
Background
It is estimated that at present the blackeconomy accounts for between 5% and20% of GNP in different Member States.Undeclared work is considered a problemnot only because of the loss of revenue forthe State and social security systems, butalso because of its effect on those who areemployed as such - they do not benefitfrom social security cover, pensions andaccident insurance.
On 7 April 1998, the Commissionpublished a Communication onundeclared work
14
November 2000
(http://europa.eu.int/comm/dg05/empl&esf/docs/unworken.doc). This sets outthe Commission's thinking in this area.
At present the Commission has no furtherplans in this area except that it intends toaddress this issue in the EmploymentGuidelines which it has prepared for theMember States(http://europa.eu.int/comm/dg05/empl&estlempl99/guide en.htm ). Indeed, theCommission views the issue of undeclaredwork as a horizontal issue which needs tobe addressed in conjunction with otheremployment policies.
In April l999, the Council of Ministersadopted a Code of Conduct for improvedco-operation between authorities of theMember States concerning the combatingof trans-national social security benefitand contribution fraud and undeclaredwork, and concerning trans-nationalhiring-out of workers.
At a European Parliament hearing onundeclared work in April 1999, there wasbroad | agreement that uniform rules,sanctions and stricter checks should beaccompanied by preventative measures aswell as incentives for both employers andemployees. One of the mostsignificant contributions would be toestablish more of a parity between grossand net wages, i.e., to reduce the cost oftaxes and social security contributions.
Recent Developments
The Employment & Social AffairsCommittee of the Parliament adopted areport on this subject on 21 September2000(http://www2.europarl.eu.int/omk/OMEuroparl?PROG=REPORT&L=EN&PUBREF=-//EP//NONSGML+REPORT+A5-20000220+0+DOC+WORD+V0//EN&LEVEL=2 ). The Committee criticised theCommission's definition of 'undeclaredwork' which, it feels, does not go farenough. It also called for, ir~ter alia:
• the Commission to step up themonitoring of the compliance with theprinciple of equal treatment in MemberStates and for an annual report on theprogress achieved;
• an in depth debate on the future form ofsocial security systems with a view tocurbing undeclared work in the light ofchanges caused by the development ofcommunications technology and the"flexibilisation" of employment; and
• the Commission to develop the April1999 Code of Conduct into an effectiveinstrument.
Next Steps
The Parliament will give an Opinion onthe subject.
6. Pensions
Background
In May 1999, the European Commissionadopted a Communication(http://europa.eu.int/comm/internal_market/en/finances/pensions/pensions.htm) setting out a series of initiatives to enablesupplementary pension schemes to takeadvantage of the freedoms introduced bythe single market and the Euro.
In all Member States, future pensionerscan supplement the benefits they willreceive from basic public schemes bycontributing to two main forms ofsupplementary scheme:
• occupational schemes, organised at thelevel of a company or an industry; and
• personal pension plans, drawn up, forexample, by life assurance companies.
The Communication states that aCommunity framework forsupplementary pensions might hinge onthree main measures:
• a Directive on prudential rules foroccupational pension funds: occupationalpension schemes are often subject toinvestment and management rules which,without improving the protection ofbeneficiaries, prevent funds from usingcapital markets and the Euro effectivelywhen it comes to recycling thecontributions received;
• the removal of obstacles to labourmobility - pension rights are often difficultto acquire and especially difficult totransfer from one Member State toanother; and
• the co-ordination of Member States' taxsystems. This will include abolishing thetax |discrimination affecting the productsoffered by pension funds and insurancecompanies established in Member Statesother than that in which the fund memberor potential customer resides.
Recent Developments
On the 11th October, the European
Commission adopted a proposal for aDirective ‘on the co-ordination of laws,regulations and administrative provisionsrelating to institutions for occupationalretirement provisions',
(http ://europa.eu. h~t/comm/inte~nal_market/en/finances/pensions/com507en.pdf ).
The proposal concerns 'institutions forretirement provision that are linked toemployment and operate on a fundedbasis', for example, pension funds and lifeassurance companies when they provideoccupational pension products. Theproposal does not deal with the basic statepay-as-you-go schemes, nor does it dealwith purely individual pension savingplans.
There are three sets of rules which havebeen created to ensure the proposedDirective meets the twofold objective ofsecurity and affordability:
I ) Strict prudential rules to protectbeneficiaries;
2) Investment rules tailored to thecharacteristics of institutions foroccupational retirement provision (IORPs)and geared towards effective savingsmanagement; and
3) Rules enabling cross-bordermanagement of occupational pensionschemes.
The Commission has highlighted thatfunds in the UK can continue to operate asthey do now because the UK has alreadyput in place supervision mechanisms thatare in line with the requirementscontained in the proposal(http://europa.eu.int/comm/internal_market/en/finances/pensions/fagen.htm ).
A 'high-level' Commission working groupwas also launched on 11 October toexamine the problem of pension provisionand the EU's ageing population, which isputting a strain on publicly-fundedschemes.
Next Steps
The proposal will now go to theParliament and the Council under the co-decision procedure.
Frits Bolkestein, the EU's single marketcommissioner said in early October that hewas working on joint rules for taxtreatment for the beginning of 2001. EUcountries have to reach unanimousagreement on tax changes.
15
November 2000
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Threats Against LawyersIf you are a lawyer in Northern Ireland who, within the last three years, has been the direct or indirect recipient ofthreats made, or allegedly made, against you by members of paramilitary organisations or of the security forces, theHuman Rights Commission would like to hear from you.
The Commission is compiling a dossier of such cases so that it can, if and when appropriate make the informationknown (at least in general terms) to those who are monitoring the human rights situation in Northern Ireland such asthe United Nations' Human Rights Committee and its Special Rapporteur on the Independence of Judges and Lawyers,Mr Param Cumaraswamy.
The Commission can guarantee complete confidentiality to any lawyer who contacts it.
Please write to:
Professor Brice Dickson Chief Commissioner Northern Ireland Human Rights Commission. Temple Court 39 North StreetBelfast BT1 1NA
Fax: 028 9024 7844
Mark your envelope "For the personal attention of Chief Commissioner".
51/52 Fitzwillian Square, Dublin 2, Ireland
Tel: (3531) 6619826 Fax: (3531) 6614581
DX 188.E-Mail: [email protected]
Willing to undertake agencywork on behalf of
Solicitors in Northern Ireland
Contact AnneMarieMcCrystal LL.B.
(Also admitted N.I. 1991)
REPUBLIC OF IRELANDAGENTS
16
November 2000
PUBLIC FUNDING FOR LEGAL REPRESENTATIONAT INQUESTS
Practitioners may be aware of extra statutory funding arrangements recently put in place by the LordChancellor. In correspondence with the Northern Ireland Court Service the Society has sought to clarify theterms and procedures which will apply under the ex gratia scheme. Please note that the scheme is notoperated by the Legal Aid Department. Your attention is drawn to the key features of the scheme andapplication process which is now in operation, as provided by the Northern Ireland Court Service.
Legal Aid is not currently available for representation proceedings before coroners in Northern Ireland. Nordoes the Lord Chancellor have a statutory power at present in Northern Ireland to allow funding inexceptional cases on a one-off basis. The Lord Chancellor has established, as an interim measure, an extra-statutory ex gratia scheme to enable him to grant funding to allow for legal representation in proceedingsbefore coroners in exceptional cases.
The Lord Chancellor has indicated that he intends to publish consultation proposal s which will set out thecriteria which he will apply in terms of whether to grant funding in individual cases.
Pending that formal consultation process, requests for financial assistance by solicitors for proceedings beforecoroners inquests should be forwarded in the first instance to:
H Alan Hunter Esq. Northern Ireland Court Service, Windsor House, 9 - 15 Bedford Street BELFAST BT2 7LT
No application form has been prescribed for this purpose (but see comments below as regards provision offinancial information). However, applicants should be aware that under the scheme, Ministers will beinterested in the reasons why the case should be considered exceptional. Some of the information that shouldbe provided;
A. The facts of the case;
B. an indication of the complexity of the issues;
C. the relationship of the applicant to the deceased; and
D. why there is a need for representation to enable the applicant to taker part effectively.
All cases which are given funding in this context must also satisfy the civil legal aid financial assessmentcriteria. Any formal application for funding should be accompanied by the standard financial applicationforms which are required in support of an application for civil legal aid. The means of the applicant should beclearly set out in this form, as the application will be subject to the normal means test procedures applied tocivil legal aid applications.
It will also be necessary to provide an indication of the anticipated cost of representing the applicant at theinquest, if the application is approved. Funding provided from the extra-statutory scheme will be for aspecified amount of money to cover representation at the inquest only.
17
November 2000
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THE FAMILY PROCEEDINGS (AMENDMENT) RULES (NORTHERN IRELAND) 2000
[SR.2000 No. 329]
These Rules amend the Family Proceedings Rules (Northern
Ireland) 1996 to prescribe the procedure for applications for
pension sharing and pension attachment orders. The Rules come
into operation on 1st December 2000, to coincide with the
introduction of pension sharing.
MAGISTRATES’ COURTS (DOMESTICPROCEEDINGS) (AMENDMENT) RULES
(NORTHERN IRELAND) 2000 [SR.2000 No. 300]
These Rules amend the Magistrates' Courts (Domestic Proceedings)
Rules (Northern Ireland) 1996 by substituting a new Form D3.
(Respondent’s consent to Article 8 order and statement of financial
resources). The Rules came into effect on 6 November 2000.
NORTHERN IRELAND COURT SERVICE BELFAST COUNTY & MAGISTRATES' COURTS:
RELOCATION OF LICENSING BUSINESS
As part of the development of the combined office concept, in anticipationof the new Court Complex, licensing business will be re-structured.
From 4th December 2000 all Magistrates' Court licensing administration,currently processed in the Courthouse, Chichester Street, will be carried outwith the county court licensing functions in the Old Town Hall building,Victoria Street, Belfast.
Mandy Kilpatrick, Business Manager
18
November 2000
Lord Chancellor's Directions - Crown Court
Lord Chancellor's Directions given after consultation with the Lord Chief Justice in accordance with Section 47 (2)of the Judicature (Northern Ireland) Act 1978
Distribution of Crown Court BusinessIn Schedule 2 to the Lord Chancellor's Directions No 15/99 given on 16 August 1999, there shall be added at the end"His Honour Judge McFarland" and " His Honour Judge Lockie".
Lord Chancellor's Directions - Magistrates' CourtsPetty Sessions District of East TyronePetty Sessions District of LondonderryPetty Sessions District of Newry and Mourne
Lord Chancellor's Directions under Article 11(3) of the Magistrates' Courts (Northern Ireland) Order 1981
Amendment
Schedule 2 to the Lord Chancellor's Directions dated 24 May 1990 and published in the issue of "Northern IrelandCourt Business" No 4/90 shall be amended with effect from 1 January 2001 as follows:
Page 4: Petty Sessions District of East Tyrone
Column 5: OTHER BUSINESS
Insert: 4th to appear opposite Thursday
Page 6: Petty Sessions District of Londonderry
Column 8: DOMESTIC
Insert: 1st and 3rd to appear opposite Friday
Column 2: PLACE AND TIME
Insert: Domestic Court, 1st and 3rd Fridays, commences at 12 noon
Page 6: Petty Sessions District of Newry and Mourne
Column 7: FAMILY
Delete: 1st, 2nd and 4th opposite Tuesday
Insert: 1st, 2nd, 3rd and 4th opposite Tuesday
NORTHERN IRELAND COURT BUSINESS
November 2000
19
Petty Place & Wards Nature of Business/Day of Month
Sessions Time Place of
District Day Other Youth Family Domestic Youth & Hearing
Business Domestic of appeals
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
L’derry L’derry All wards Mon 1st,2nd,3rd&5th 4th L’derry
Tues 4th or
All sittings Wed 1st,3rd 4th&5th 2nd Coleraine
commence Thurs Every
at 10.30am Fri 5th 1st 1st,2nd,3rd&4th 1st and 3rd
Domestic court
1st and 3rd
Fridays,
commences at
12.00 noon
Magherafelt Magherafelt All wards Mon 1st 3rd Magherafelt
Tues 1st,2nd,3rd&4th
Other business Wed
and youth Thurs
sittings Fri
commence
at 10.30am
Domestic
court
commences
at 11.00am
Newry Newry All wards Mon 5th Newry
& Mourne with Tues 1st,2nd,3rd&4th
All sittings exception Wed Every
commence of those Thurs 5th
at 10.30am shown Fri 1st&5th 3rd 2nd&4th
for
Kilkeel
Kilkeel Annalong Mon Newry
Binnian, Tues 3rd&5th 3rd
Youth Kilkeel Wed
court Central,
commences Kilkeel Thurs
at 10.00am South,
Lisnacree Fri
Other business
sittings
commence at
10.30am
SCHEDULE 2 (continued)
20
November 2000
Petty Place & Wards Nature of Business/Day of MonthSessions Time Place ofDistrict Day Other Youth Family Domestic Youth & Hearing
Business Domestic of appeals(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
East Tyrone Cookstown All wards Mon 2nd Cookstownwith the Tues 5th
All sittings exception Wed Everycommence of those Thurs 4th 1st 3rdat 10.30am shown for Fri 1st,2nd,3rd&4th
Clogher &5th
Clogher Augher, Mon CookstownClogher, Tues
Other business Fivemile- Wedsittings town Thurs 2nd 2ndcommence Friat 10.30am
Youth courtcommencesat 10.15am
Fermanagh Enniskillen All wards Mon Every EnniskillenTues
Other business Wed 1st,2nd,3rd 4thand youth Thurssittings Fricommence at 10.30am
Domesticcourtcommences at11.30am
Larne Larne Mon 3rd 1st BallymenaTues
All sittings Wedcommence at Thur10.00am Fri Every
SCHEDULE 2 (continued)
Consultation Facilities Musgrave Street
The Police Authority of Northern Ireland have now confirmed and clarified
Force Policy in respect of the use of the PACE interview rooms at Musgrave
Street for solicitor/client consultations.
The Chief Constable has directed all Custody Sergeants at Musgrave Street
RUC to exercise flexibility when considering requests by solicitors to us the
PACE interview rooms for consultations.
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RE: Peter Hugh Malone deceased late of71 Donaghadee Road, Newtownards.Deceased 12th November 2000. DOB:29TH May 1928
Would any solicitor who is aware of awill made by the above named deceased,please contact Joseph F McCollum, 51Regent Street, Newtownards. Tel: 028 9181 3142 Fax: 028 9181 2490
RE: Vera Stanley Deceased late of 3Bernagh Glen, Glen Road, Belfast.
Would any person having knowledge ofthe whereabouts of the Will of the abovenamed Deceased please contact Murty MToolan & Co Solicitors, Suite A, 174 - 184Ormeau Road, Belfast, BT7 2ED.
Tel: 028 9024 1840Fax: 028 9032 3842
22
November 2000
Missing Land Certificates
Missing Wills
LAND REGISTRY FOLIO NUMBER39078 COUNTY ANTRIM REGISTERED OWNER: GARRYROBINSON JOSEPHINE ROBINSONTHE LANDS OF ESKYLANE TAKE NOTICE that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above-mentioned Folioshould forthwith produce the saidCertificate orcommunicate such information to theunder mentioned Solicitors.
AND TAKE FURTHER NOTICE thatunless the said Land Certificate is soproduced or adequate information as toits whereabouts is so communicatedwithin three weeks of publication of thisNotice, a duplicate Land Certificate maybe applied for.
O'Rorke McDonald & Tweed'
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Fax: (00 3531) 6766702
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Contact:Seamus Connolly S.C. Connolly & Co.Solicitors
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23
November 2000
Solicitors required
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2. CONVEYANCING/COMMERCIAL DEPARTMENT
Experience is preferred but is notessential. Computer literacy will beconsidered an advantage. An attractivesalary package will be available to thesuccessful candidates.
Apply in writing with C.V. to:-The Senior PartnerJohn J McNally & CoSolicitors2 Moneymore RoadMagherafeltBT45 6AD
ASSISTANT SOLICITOR REQUIREDExcellent Prospects for SuitableCandidateSalary NegotiableApply in Writing Enclosing full C.V. to:-The Staff PartnerMacaulay Wray,35 New RowColeraine BT52 1AH.
SOLICITOR REQUIRED FORBALLYMENA PRACTICEExperience in conveyancing and wordprocessing skills preferred but notessential. Part time candidates considered.Apply, in the first instance, in writingenclosing full CV to:
Jack McCann & SonSolicitors20 Ballymoney Road BallymenaBT43 5BY.
All applications will be dealt with in thestrictest of confidence.
SOLICITOR REQUIRED preferably with 2years PQE for busy general practice.Position would suit a Solicitor with abackground in Conveyancing / Probate.Salary commensurate with experience.Applications in writing, with full CV, to:-
Caldwell & Robinson, 11 Castle Street,Londonderry, BT48 6HQ
ASSISTANT SOLICITOR REQUIRED.2 Years PQE required in Conveyancingand Matrimonial.Excellent Prospects. Applications in writing before the31st December, 2000 with full C.V. to:-The Managing Partner,
Conway, Todd & Co.,
Solicitors,22 Market Square,Antrim BT41 4DT.Co. Antrim.
McMANUS & KEARNEY Solicitors and Insolvency Practitioners
REQUIRE
two solicitors for their insolvency/conveyancing practice.
One of the positions would suit a newly qualified solicitor with an interestin conveyancing but willing to assist in the firm's insolvency practice.
The other position would suit a solicitor with at least 2/3 years experience ininsolvency/conveyancing. This applicant must have the ability to develop aclient base from existing contacts and exhibit good marketing andcommunication skills.
Both positions offer a competitive salary and opportunities for careerdevelopment.
Applications in writing with full C.V. to:-
The Partners, McManus & Kearney, Solicitors, Law Society House, 106Victoria Street, Belfast, BT1 3JZ.
ASSISTANT SOLICITOR REQUIRED
The Solicitor should ideally have 2-3years experience of Criminal andMatrimonial practice.Applications in writing with full CVin strictest confidence to BrendanMcLernon of Daniel A McKenna & Co, 29New Row, Coleraine.
SOLICITOR REQUIREDVacancy for Solicitor with experience inconveyancing and commercial work.Salary negotiable.
Applications including CV toDesmond J Doherty & CompanySolicitorsClarendon Chambers7 Clarendon StreetDerry BT48 7EP
ASSISTANT SOLICITOR REQUIRED for busy Derry City Centre office. Applyto Box Number 88
Citigate PLPRCitigate House157-159 High StreetHolywoodBT18 9HU
Solicitor Seeks
Experienced solicitor willing to undertakelocum work on a daily, weekly, ormonthly basis. Telephone 028 9077 5019.
24
November 2000
New Books in the Library
Published by the Law Society of Northern Ireland98 Victoria St. Belfast, BT1 3GNEditor John BailieThe views expressed are not necessarily those of the Law Society of Northern Ireland
Produced for the Law Society of Northern Ireland by Citigate Northern Ireland, Holywood. Printed by Stephen Eastwood Printing Ltd.
Law Society Library Email:
RECOMMENDED READING
Early copy Deadline forDecember: Wed 6th Dec 2000
Stakeholder Pensions
Legislation: Welfare Reform and Pensions (NI) Order 1999 NI11
Stakeholder Pension Schemes Regulations 2000 SR 262
Articles: Understanding the implications of stakeholder pensions for occupational pension schemes (including employers’ responsibilities, designation requirements, information and access, operation of schemes, contributions, charges, restrictions on membership and money purchase tax treatment)Samsworth: 2000 JPM 2000, 6(1), 11-21
Self invested personal pension schemes – the flexible future ofpersonal pensions? (Advantages of SIPPs, implications of introduction of stakeholder pensions and benefits of income drawdown)Tora: 2000 JPM 2000, 5(4), 279-282
How will the new requirements to facilitate access to stakeholder schemes affect employers? (Access requirements and exemptions as set out by the Order, alternatives for employers wishing to escape such access requirements and designation of schemes and employer liabilities) Greenstreer: 2000 JPM, 5 (4), 317-328
1) Dignam: Company law and the Human Rights Act 1998. Butterworths. 2000
2) Lawrence: Law on the internet; a practical guide. Sweet & Maxwell. 2000
3) Alcock: The Financial Services and Markets Act 2000.Jordans. 2000
4) Greer: A commentary on the Civil Evidence (Northern Ireland)Order 1997. SLS. 2000
5) Aldridge: Powers of attorney. 9th ed. Sweet & Maxwell. 2000
6) Dobson: Sale of goods and consumer credit. 6th ed. Sweet & Maxwell. 2000
7) Thorley: Terrell on the law of patents. 15th ed. Sweet & Maxwell. 2000
8) Bradney: How to study law. 4th ed. Sweet & Maxwell. 2000
9) Actuarial tables for use in personal injury and fatal accidentcases (Ogden tables). 4th ed. HMSO. 2000
INCREASE IN LIBRARY FEES
The inter-library loan service operated by the library is the means of obtainingdocuments from external sources, many of them commercial.
We operate this service on a cost recoupment basis in the form of a charge toeach solicitor for each document provided. In recent years, however, sourcesused by us have been steadily increasing, whilst the charge to the solicitor hasremained static for 3 years, resulting in a loss to the library.
Accordingly, the Library Committee has introduced a 2-tier system of chargingfor inter-library loans of £10 and £6 each, depending on the organisation fromwhich they are sourced.
Wanted Ground RentCollections to Purchase
Any lot size considered, tofacilitate winding up of Estates
Please send details to DavidThompson, Brown McConnell ClarkEstate Agents, 11 Rosemary Street,
Belfast BT1 1QF.
Tel: 90320634.
Note
