THEIssue No. 131 January 2002

RITW

News from Brussels . . . . . . . . . . . . . . . . p4

Practitioners Notebook . . . . . . . . . . . . . .p10

CONTENTSDomestic Violence Officers. . . . . . . . . . p12

Risk Management . . . . . . . . . . . . . . . . .p16

Court Information. . . . . . . . . . . . . . . . . p20

United Nations Act 1946 . . . . . . . . . . . . p23

JOURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND

For the second successive year theSociety has delivered a course inAdvanced Advocacy to a number ofsolicitors who wish to develop thoseskills of presentation, persuasion andconfidence in public speaking. Afurther 23 members of the professionhave now been added to the previousyears total who have successfullycompleted this course, bringing to atotal of 47 the number of solicitorswho have received the Society'scertificate.

The course was, as before, a rigorousexercise requiring the participants toundergo in the Spring term a series oflectures and workshops in AdvancedEvidence devised and delivered byProfessor John Jackson QUB and MsMary O'Rawe, Lecturer, University ofUlster. Each participant not only hadto study recent developments in thelaw of evidence but deliver orally apresentation on a particular subjectallocated to him/her and to prepare awritten paper at the conclusion.

The second part of the courseconsisted of a week long practice inadvocacy held in the Institute ofProfessional Legal Studies, Lennoxvale,Belfast. The practical advocacyelement of the course was delivered bymembers of the NITA (NationalInstitute of Trial Advocacy) a non-profit US based organisation made upof senior lawyers including judges,academics and prominent practitionersin private practice. On this occasionthe lawyers from NITA were assisted bya communications consultant who

taughtpresentationskills and advisedthe participantsthrough theprocess of videoreviews. TheAmerican visitorswerecomplementedby local tutorsfrom bothbranches of theprofessionincluding judges,magistrates andchairmen of theFair Employment Tribunals. By the endof the week all of us in theadministration team together with ourlocal tutors and participants felt awarm sense of friendship with ourAmerican faculty visitors. Last year'sawful events in September made theirvisit and participation particularlywelcome and significant and theirsacrifice in travelling here to help us topromote solicitor advocacy during theAmerican Thanksgiving vacation wasdeeply appreciated. All our sincerethanks and warm wishes are extendedto Professor Lonny Rose, Miami,Jeanne Jourdan, Notre Dame,Professor Paul Zwier, East Tennesseeand the multi-talented Brian Johnsonfrom Minnesota.

The weeks efforts were concluded bythree mock trials in which all theparticipants appeared in the HighCourt, Belfast adjudicated by Nicholson

Solicitor Advocacy - GatheringMomentum

LJ, Kerr J and Shiel J. All three judgespaid tribute to the aims of the courseand complimented the advocates ontheir performance throughout.

That evening the week's events wererounded off by a reception held inBelfast Castle where all participants,tutors, faculty as well as others whorendered the course such vitalassistance attended and witnessed thepresentation of certificates to all whohad successfully completed the course.

It would appear that the AdvancedEvidence course is now firmlyestablished and the Society intends tomake it an annual event. It isregarded as a significant andworthwhile exercise by Council and hasreceived plaudits and praise from allwho attended, both as participantsand observers. It is now regarded as

(L - R) Tony Caher, Brian Johnson, Anne Fenton, JeanneJourdan, Fiona Donnelly, Paul Zwier, Lonny Rose.

Continued on page 2...

2

January 2002

the template for delivering advocacytraining to qualified practitioners bythe Law Society in Dublin andexpressions of interest have beenreceived from our colleagues inScotland. The popularity and demandfor places in the course (limited to 24annually atpresent) willincrease withthe advent ofcompulsorycontinuinglegaleducation.

SolicitorAdvocacy isnow a topicaland importantsubject. Thecampaign foracceptance ofsolicitoradvocates inthe highercourts inGreat Britainhas proved aresoundingsuccess. We are well aware ofimminent statutory changes that willprovide for appropriate remunerationfor those solicitors who choose toappear as advocates and the demandby the public including the commercialsector for solicitor advocacy isincreasing dramatically.The third annual course will take placein the same format as before with theEvidence lectures/workshops beingheld in April/May and the Advocacycourse in early September. Anapplication form will be sent out to allmembers in next month's edition ofthe Writ and it is certain that demandwill exceed available places. Thequalifying criterion this year will be aminimum 5 years post qualificationexperience and thereafter thesuccessful applicants will be thosedrawn first out of a hat.On behalf of the Advanced AdvocacyWorking Party I would exhort femalemembers of the profession toparticipate as the numbers of womenwho have undertaken the first twoyear's courses have fallen short of thepercentage of female practitioners.

I will conclude by thanking all whohelped devise and deliver this coursewith special thanks to Fiona Donnellyand Eileen McBride for their

extraordinary work increating the materialsand training thetutors and to all thestaff of the societyparticularly the ChiefExecutive John Bailie,Jennifer Shevlin, andYvonne Blackstock

(L - R) Bernard Turkington, Lonny Rose, TheRt. Hon Mr Justice Sheil, Ted Jones

(L - R) Terry Lacey, James MacGuill, Stephen Scott, AttractaWilson, Fergal MacElthatton

Continued from front cover...

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who never refused anyrequest/demand (and there weremany) that I and my Committee madeof them throughout 2001.

Tony CaherChairmanLaw Society Advocacy Working Party

MessagePresidents

3

January 2002

There is a great temptation for anyonewriting a column such as this at thebeginning of a year to make predictions.This should be resisted at all costs. Manyof us will remember attendingconferences and reading articles aboutnew technology twenty years ago whensome alleged experts confidentlypredicted "the paperless office". We maybe permitted a little hollow laughter aswe look around us at another year'sboxed files and lament the death ofanother forest or two. Not that this hasstopped some of the self-same expertsmaking a very good living by givingseminars worldwide and writing books,secure in the knowledge that by the timethis year's prophecies turn to dust, mostof their listeners and readers willprobably have forgotten all about them.

So prophecies are out. However, it isobvious that we could be practising lawin one of a number of situations, forexample:

A (best case): The local political situationstabilises, the threatened recession failsto materialise, a sort of northern Celtictiger begins to roar and we all have somuch work that the only problem is howto get it done.

B (middle case): Local politics staggersfrom one crisis to another, but somehowthe peace process remains in tact andalthough the recession arrives it isneither severe nor lengthy; most firms doall right, although they don't make asmuch money as before and some findthe going tough.

C (worst case): The local politicalsituation becomes completely unstable,the recession is severe and lasting (withNorthern Ireland suffering more thanmost other regions), much of the reallygood work dries up, there are few jobsfor young solicitors and a number offirms actually go out of business.

Not many of us in the profession arelikely to have any influence on the globaleconomy, and only a small number ofpublic-spirited members have any directinfluence on the local political situation,

(although more of us should try toencourage and support them; beinginvolved in politics in Northern Ireland isnot an easy option). We can, however, doa lot to help ourselves and I hope toreturn over the course of the next fewmonths to the subjects of quality control,new work areas, risk management, clientcare and sensible charging practices.

In the meantime, the Law Society ofNorthern Ireland ("LSNI") faces a verybusy and challenging year in which thefollowing matters, amongst others, aresure to be to the fore:

1. The Criminal Justice Review and JusticeBill. LSNI has already made submissionsabout the "implementation plan" andhopes to be involved both in theestablishment of the fundamentalprinciples of reform and the detail of theJustice Bill.

2. The Civil Justice Review. Theimplementation of the Campbell Report,to the extent accepted by Government,in a structured and carefully plannedmanner is one of our priorities, andmuch work on this is expected.

3. Judicial Appointments. It has beenmade clear that the way is to be openedup for solicitor appointments to theSupreme Court Bench; the draft JusticeBill includes such proposals. We hope tomeet soon with the new JudicialAppointments Commissioner, JohnSimpson.

4. Remuneration. LSNI is busy on manyfronts, including the establishment ofrealistic and reasonable hourly ratesparticularly in the context of High Courtcosts. A submission has been made to theCounty Court Rules Committee andfurther negotiations with theGovernment about criminal legal aidcosts are expected.

5. Legal Aid. The present situation givesus great concern. We believe that thecurrent level of Government fundingcannot provide a legal aid scheme whichmeets the real needs of our communityin an acceptable manner. The shortfall isalready affecting all aspects of the

PRESIDENT'S MESSAGE

scheme. However, if the Legal AidDepartment is to be handed over nextyear to the new Legal ServicesCommission in any kind of acceptableshape, adequate funding is urgentlyrequired. The Society will use all meansat its disposal to have the problemsproperly addressed by Government.

6. CPD is now up and running, and thoseof you who are less than ten yearsqualified are starting to garner your CPDpoints. This is, of course, the beginningof a process which, over a relatively shortperiod, will involve the entire profession.

7. The conveyancing process is still in astate of flux. Some of the teethingproblems of the new Land Registry andRegistry of Deeds systems have beenironed out, while work is continuing onothers. A respite has been gained inrespect of the extension of compulsoryregistration and the introduction of thecompulsory elements of the GroundRents Bill, to enable the Land Registry tocatch up on arrears. The situation willcontinue to be monitored carefully.

8. By the time this column appears, it isexpected that the new courts in OxfordStreet will be open and other new courtpremises are to follow. It would berealistic to expect some early problems,but members should let us know if thereare difficulties which are more than mereteething problems.

9. The Bill of Rights will begin to takeshape. The draft produced by the HumanRights Commission needs much revisionin the view of the Society's Human RightsCommittee, which is engaging indialogue with the Commission.

10. The key principles of theindependence of the profession andclient confidentiality seem increasingly tobe under attack, often under the guiseof advancing the greater good of thecommunity, and the Society is constantlyhaving to remind legislators of basicprinciples.

4

January 2002

NEWS FROM THE BRUSSELS OFFICEThe Law Societies Joint Brussels Office has produced a series of LawReform Updates.

As the name suggests, these are comprehensive overviews ofdevelopments in the following particular areas of law, detailing thecurrent status of EU Directives, Regulations and Conventions; such as:

• Employment

• Asylum and Immigration

Money laundering

The Brussels Office has produced a preview of the new EU Directive onmoney laundering, which was adopted by the Council of Europe on 20November 2001. Member States now have 18 months to implement theDirective

Cybercrime

The final draft of the Convention on Cybercrime was opened forratification at the end of 2001. This will be ratified when 5 States,including at least 3 Council of Europe States, have ratified it.

The Convention is the first international treaty on crimes committed viathe Internet and other computer networks, dealing particularly withinfringements of copyright, computer-related fraud, child pornographyand violations of network security. It also contains a series of powers andprocedures such as the search of computer networks and interception.Its main objective, set out in the preamble, is to pursue a commoncriminal policy aimed at the protection of society against cybercrime,especially by adopting appropriate legislation and fostering internationalco-operation.

Further details or copies of any of these documents can be obtained fromthe library.

11. The Government seems determinedto force through a new tariff system forpersonal criminal injuries compensation,despite the submissions of the Society, avery strong report from the Assemblybacking the Society's views and evenignoring some of the thrust of theBloomfield Report itself. We intend tokeep fighting this one, not because theprofession makes a lot of money fromsuch work (it doesn't) but because webelieve that a tariff scheme would behighly detrimental to injured parties.

There is much happening in all ourcommittees and, alI in all, a very busyyear lies ahead for the Society. I hopethat it will be a satisfactory one for allour members, whatever events unfold.

Alan HewittLaw Society President

continued from page 3...

Conference manager Mary McMahon,commented at the announcement of thenew programme of Legal-Island eventsthat they had put together a number ofseminars and conferences this year likelyto be of interest to every legal practicein Northern Ireland. The openingseminar "Law Firms Getting the Mostfrom the Internet" is always popularwhile the new one day Introduction toEmployment Law Course is likely to beof interest to any practitioner looking tobecome familiar with this area of law.Later conferences will examine in detailthe law relating to Unfair Dismissal,Leave from work and Flexible working.The six events for Northern Ireland all inBelfast are:1. Law Firms - Getting the Most from

the Internet (11 April)2. Introduction to Employment Law;

(1 May)3. Unfair Dismissal Actions and How

to Avoid Them; (30 May)4. All About Leave; (20 June)5. Equality Issues and Flexible

Working; (24 Oct)6. Annual Review of Employment

Law; (14 & 28 Nov)

Further information on these events isavailable from Legal-Island's website atwww.legal-island.com

Up and comingLegal IslandEvents

5

January 2002

property should beaware of the law andthe practice by whichintellectual property ishandled.

"This seminar, as well asbringing togethermembers from our twoSocieties, will provideessential information onhow firms can identifytheir intellectualproperty rights and howthese rights can beexpressed. With moreinnovative methods forinformation distributioncreating more electronicopportunities to useintellectual property,firms should be aware ofhow they can safeguard theirinvestment in intellectual property."

Further information about the

The Ulster Society of CharteredAccountants and the Law Society ofNorthern Ireland are set to host theirfirst ever joint event. The seminar,scheduled to take place at W5 on 12thFebruary, will focus on issuessurrounding the identification andprotection of intellectual propertyrights.

The 'Recognising Intellectual Property'seminar will examine how the rapidlychanging nature of technology isbringing about significant changes inhow businesses think about creatingand exploiting information. Theseminar is expected to be an historicfirst step in bringing the membershipof the two Societies together on issueswhich concern both professions.

The event will include presentationsfrom experts in the field of intellectualproperty, Alan Taylor from Belfast firmCarson McDowell Solicitors and RoisinMcNally from patent attorneysMurgitroyd and Co. John Hansen,Chairman of the Ulster Society ofChartered Accountants and AlanHewitt, President of the Law Society ofNorthern Ireland will also addressdelegates. A booklet containing vitalinformation about recognising anddealing with intellectual property hasbeen written by Carson McDowell andMurgitroyd and Co. to accompany theseminar.

John Hansen said: "Commerce inintellectual property has becomesignificant, and is likely to becomemore vital as Northern Ireland furtherdevelops its knowledge economy.Intellectual property is an asset capableof generating profit. This seminar willgive delegates an overview of theissues involved and how intellectualproperty rights could affect local firms.

"We're delighted to jointly host thissignificant meeting with the LawSociety. Developing closer linksbetween the two Societies will bebeneficial for us all and we hope thatwe can continue with other jointevents in the future."

Alan Hewitt, President of the LawSociety of Northern Ireland said: "Firmswho create or manage intellectual

HISTORIC JOINT MEETING FOCUSESON A MODERN DILEMMA

HEART TRUST FUND (ROYAL VICTORIA HOSPITAL)

The main object of this established and registered charity is the support andfurtherance of the vitally important treatment, both medical and surgical,provided for patients in the Cardiology Centre in the Royal Victoria HospitalBelfast, and the equally important work of research into heart disease carried onthere. The charity is authorised to use its fund to provide that support, or achievethat furtherance when, (but only when) public funds are not available, or areinsufficient, for the purpose.

The Royal's splendid record in the fight against heart disease is so well known toneed advertisement, and by an immediate cash gift or a legacy or bequest to thischarity in your will, you can help directly to reduce the grave toll of suffering anddeath from this disease in Northern Ireland. The grim fact is that the incidence ofcoronary artery disease in Northern Ireland is one of the biggest in the world.

The administration of the charity is small and compact and the trustees are carefulto ensure that its cost is minimal. As a result donors and testators can be assuredthat the substantial benefit of their gifts and bequests will go directly to advancethe causes of the charity.

Further details about this charity and its work will gladly be supplied by theSecretary, The Heart Trust Fund (Royal Victoria Hospital), 9B Castle Street,Comber, Co. Down BT23 5DY. Tel: (028) 9187 3899.

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Pictured at W5 are (from left) Roisin McNally,Murgitroyd and Co, speaker at the seminar; and JohnHansen, Chairman, Ulster Society of CharteredAccountants.

'Recognising Intellectual Property'seminar is available from the UlsterSociety of Chartered Accountants on02890 321600 or from the Law Societyof Northern Ireland on 02890 231614.

6

January 2002

BSA SUB-COMMITTEESBelow is a list of the members of thevarious BSA Sub-Committees.Members are invited to contact themwith any issues that they havethrough the relevant Chairperson.Full particulars of fax numbers and e-mail addresses appeared in lastmonths edition of the Writ or can beobtained from the BSA website atwww.belfast-solicitors-association.org.

CONVEYANCING F Gibson (Chair)Tel No 02890 246098R Palmer A.DonnellyG.Brown S.Millar P.Reid Ciaran McAteer

HIGH COURT/COUNTY COURT Frank MacElhatton (Chair)Tel No 02890 602828P.Campbell M.Mallon S.Andress S.Millar O.McClure C.Ross J.Caldwell G.Patterson P.O’Rawe

LEGAL AID Ciaran McAteer (Chair) Tel No 02890 471480Frank MacElhatton Fergal MacElhattonS.Andress Matt Higgins (Co opted)

LECTURES/CPDPeter Campbell (Chair) Tel No 02890 327388Martin Mallon

A.Donnelly P.O’Rawe K.Hennebry P.ReidS.Craig TC Smyth

SOCIALO.McClure (Chair) Tel No 02890 230101R.Palmer J.Caldwell G.Patterson S.Millar TC Smyth C.Ross A.Donnelly K.Hennebry

WRIT/PR/PUBLICATIONSTC Smyth (Chair) Tel No 02890 329696S.Millar P.Campbell P.O’Rawe

CRIMINALFergal MacElhatton (Chair)Tel No 02890 321776Matt Higgins (Co opted)Keith Gamble (Co opted)

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January 2002

BELFAST SOLICITORS

A S S O C I A T I O N

BSA On-Line

BSA Holidays2002Tuesday 1 JanuaryMonday 18 MarchFriday 29 MarchMonday 1 AprilTuesday 2 AprilMonday 6 MayMonday 3 JuneTuesday 4 JuneThursday 11 JulyFriday 12 JulyMonday 26 AugustWednesday 25 DecemberThursday 26 DecemberFriday 27 December

Membership of the Association is open to those Solicitors practising in the GreaterBelfast area and subscription notices will shortly be sent out to individual solicitors.However in the interim those Solicitors wishing to join or renew membership maydo so now by completing and returning the form below to the Association'sHonorary Treasurer, Martin Mallon (details set out below).

Annual Subscriptions for 2002 have been fixed as follows :-

• £7.00 for any Solicitor enrolled on or after 1st January 1998• £15.00 for any Solicitor enrolled prior to 1st January 1998• Corporate membership is available for £100.00 for five members, and

thereafter £10.00 per person. Thus a six person corporate membership would cost £110.00 etc.

• Associate membership is open to any Pupil Solicitor at a Subscription of £7.00

Belfast Solicitors AssociationAnnual Subscription Notice

I/We enclose £ for my/our 2002 subscription(s)

(Please make all cheques payable to "The Belfast Solicitors' Association")

Name

Firm

Address

Name

Firm

Address

OR

We wish to have corporate membership of the following person :-

Name

Firm

Address

Name

Firm

Address

Please forward all subscriptions to :- Martin Mallon, Honorary Treasurer,Belfast Solicitors' AssociationC/o Fitzsimmons Kinney & Mallon, Solicitors, 56 University Street, Belfast,BT7 1HB

DUBLIN AGENTS

MCERLEAN WEIRSOLICITORS

45 Fitzwilliam SquareDublin 2, Ireland

Tel: (353-1) 678 7777Fax: (353-1) 678 7878

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The BSA website can be found at www.belfast-solicitors-association.org

8

January 2002

What does the BelfastSolicitors Associationdo for the legalprofession ofNorthern Ireland?Many assume it is the body responsiblefor a High Court costs guide and apleasant gala dinner in January. It issometimes forgotten that the BSA isprimarily an organisation of solicitors thatmeets regularly to tackle diverse issues ofrelevance to its membership. Take someof last year's activities for example.

Litigation Costs: Last year, substantialprogress was made to increaseprofessional fees closer to a level nearerto reasonable remuneration, although intruth our rates remain well below therates in the rest of the UK. This must andwill continue to be addressed. The newBSA High Court guide has beenconsistently and successfully upheld in thetaxation arena to the chagrin of insurerswho resolutely condemned it asunreasonable. The Association has alsomade detailed submissions to the CountyCourt Rules Committee concerning theproposed overhaul of the County Courtcosts rules. In this latter respect,important data was furnished to theCommittee to expose the weakness of the'swings and roundabouts' argument andalso the assumption that N.I. solicitorshave lower working overheads than therest of the U.K.

Continuing Education: The Committeehas, in the last year, run a successfullecture campaign for the benefit of allsolicitors. This year's programme isalready underway and will be of obviousbenefit to solicitors qualified since 1992who must meet the new CPDrequirements.

Legal Aid: Practitioners will be aware thatcivil legal aid in its present form is to bephased out and replaced by a hitherto

BELFAST SOLICITORS

A S S O C I A T I O N

unformulated alternative. The Legal Aidsub-committee of the BSA has been liasingwith the relevant bodies to ensure that aworkable and just scheme is devised for itsmembers. The issue is hugely relevant toall litigators (Plaintiff and Defence) as itdirectly impacts on the amount of work inthe marketplace.

Conveyancing: Last year, the BSA sub-committee for Conveyancing wasconsulted about proposed amendments tothe revised General Conditions of Sale. Italso continues to monitor the problem ofundercutting in the marketplace which isleaving the profession under-remuneratedfor an often laborious and risk-laden job.The BSA are currently involved in carryingout a survey of their members with regardto conveyancing fees with a view toimproving the level of fees currently beingcharged.

Criminal : The BSA has recently elected acriminal practitioner, Fergal MacElhatton,to the Committee and a sub-committeehas been set up under his Chairmanship todeal with any concerns of our criminalpractitioner members. It is hoped todevelop this aspect of the Association'swork to adequately deal with thoseconcerns. The Association would ask othercriminal practitioners to become actively

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involved and to liaise with Fergal as andwhen necessary.

Criminal Injuries: Not many voices wereraised when the government announcedthat the criminal injuries scheme was to beradically overhauled so that the role oflegal professionals would be largelysidelined. Whilst the issue does not appearto have great salvage potential the BSAdid do battle during the debate. Itcontinues to maintain a watching brief inthe matter.

Social: An unwieldy profession, which doesnot have the benefit of a single workplace,will always rely on groups like the BSA forcommunication and organisation. Lastyear, the BSA delivered a gala dinner, awine tasting evening, a golf outing, andsent several teams to the Corporate Games.

The work of the BSA continues under thestewardship of Stephen Andress and theCommittee members. In this issue of theWrit, we have published the details of oursub-committees so that members knowwho to contact about any of theirconcerns. Our annual subscriptionreminder also appears and we would begrateful for the early support of membersnew and old. The holiday list and lectureprogramme should be noted in members'diaries.

9

January 2002

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10

January 2002

Following the English Court of Appealdecision in Re Moody [1992] 2 All E.R524 lawyers were faced with a fairlyrigid formula for determining theamount of “reasonable financialprovision" to which a widow wasentitled out of her deceased husband'sestate. The paramount factor in theCourt's view was that it shouldapproximate to what she might havebeen entitled to receive on theassumption that there had been anotional divorce situation immediatelyprior to her late husband's death. Thedecision was approved and followed inNorthern Ireland in Re Morrow [1995]6 BNIL 98.

However the English Court of Appealin the case of Davis v Davis [1993] 1FLR 54 had already started to moveaway from the rigid formulapostulated by Re Moody. This decisionwas followed by a similar approach inRe Krubert (Deceased) [1997] 1 FLR 42which approved of the much earlierCourt of Appeal decision in ReBesterman Deceased [1984] 2 All ER656. The Court laid down that inconsidering what was reasonablefinancial provision, a widow'sentitlement on divorce was only oneof the factors to be considered. It wasnot a paramount factor. The overridingconsideration had to be what wasreasonable provision in all thecircumstances. The headnote in itsconclusion states:

"Per curiam: there was a conflict ofemphasis between the decisions in ReMoody and Re Besterman. Theapproach adopted in Re Moody mightlead to confusion, especially in cases of

small estates, if only because on adivorce there were two parties to beprovided for, whereas in an applicationunder the 1975 Act there was onlyone. The approach in Re Bestermanwas preferable, being more inaccordance with the intention of theAct when read as a whole, and shouldbe adopted accordingly."

As a result of the Re Krubert Deceaseddecision it might have been reasonablefor the practitioner to assume that ReMoody could no longer be regarded asthe Court's preferred approach. Atbest its effect would seem to belimited to that where if no financialprovision at all has been made by thedeceased in his Will one must find astarting point. Entitlement on divorcewould provide such starting point.However where the Will has madeprovision (and such provision is notderisory or negligible) then thestarting point will be the provisionactually made and determiningwhether in all the circumstances it isreasonable.

There is an interesting unreported casein Northern Ireland referred to in"Family Law in Northern Ireland" byMr Kerry O'Halloran Re A McGuigan vB and E McGuigan (1996). This wouldseem to approve of the Re Bestermanand Re Krubert approaches when thejudge stated that "the need for capitalprovision for the applicant (a widow of81 and after 65 years of marriage) isobviously not as great as would be thecase of a young widow". He alsoemphasised the testator's freedom todispose of his estate as he saw fit evenif that freedom was qualified to some

extent by the 1979 Order (whichfreedom may now be given greaterweight by the Human Rights Act).These dicta seem to correctly interpretthe Re Besterman approach and notthe Re Moody approach of entitlementas on divorce.

However a decision in NorthernIreland in the Matter of the Estate ofGillespie [1997] 10 BNIL 89 seems toedge back a little towards the ReMoody approach notwithstanding thedecision in Re Krubert although bothwere at hearing about the same time.However some time after the ReKrubert decision in another NorthernIreland case, In the Matter of theEstate of Patrick Michael Guidera(2000) (unreported), Re Moody wasquoted with approval as to the pre-eminence of the divorce entitlementfactor and Re Morrow cited asfollowing it. It may not have affectedthe decision in that case because theapplicant was not a widow. Howeverin Re Guidera the judge did deal withthe effect of the Human Rights Act onthe situation and that aspect may haveto be explored in greater depth infuture cases.

The situation has been furthercomplicated by a recent decision atfirst instance in England, Adams vLewis [2001] WLTR 498 andcommented upon by Sidney Ross in anarticle in Family Law August [2001] atpage 619. It is submitted that thedecision cannot be reconciled with theCourt of Appeal decision in ReBesterman and Re Krubert or theNorthern Ireland decision in theMcGuigan case. An application underthe 1979 Order is a different situationto a divorce situation and it cannot betreated exclusively on a divorceentitlement basis in disregard to theother factors. For instance a husbandunder the 1979 Order may have noneed for any financial provision at all,but on a divorce that would not be abar to him obtaining a fair share ofthe joint capital. The author's concernabout the decision is evident when hestates that a judge should "considerwhether the making of reasonableprovision for the claimant reallydemands such wholesale redistributionof the testator's estate as theapplication of (the principal ofequality) is liable to bring about".

It is perhaps to be hoped that theadvent of the Human Rights Act willlead to a greater respect for a

Practitioner's NotebookThe Society considers that it may be helpful from timeto time to bring the attention of the profession,

particularly to difficult areas of law and practiceencountered by solicitors. If a solicitor personally

has met such a situation which could withadvantage be drawn to his colleagues notice, thenthe contribution of a short article to be published inThe Writ would be appreciated. The Societyconsidered the following article was worthy of

highlighting the current difficulties in inheritance law.

Inheritance (Provision for Family andDependants) - A Changing Scene?

11

January 2002

testator's rights to dispose of hisproperty as he sees fit always providedreasonable financial provision is madefor the widow. Such reasonablefinancial provision does not necessarilyrequire a large capital sum to beawarded to a widow as the Court inAdams v Lewis seems to have assumed.As Sidney Ross points out in his articlegiven the 86 years of age of theclaimant a life interest in £173,000 isvalued at only £39,271. He poses thequestion as to whether in suchcircumstances it is proper to award thecapital of £173,000 to her absolutely.

(These notes prepared by MauriceButler and Colette McIlvanna of JohnsElliot represent their own personalviews).

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Non-members £30:00

Booking: Caroline 0117-923-7393

In the High Court of Justice inNorthern IrelandQueen’s Bench Division

Listing and hearing of Assessment of Damagesunder Order 37

PRACTICE NOTE

No. 1 of 2002

1. A plaintiff should not request an appointment before the Master for anassessment of damages until evidence relating to both general and specialdamages claims is complete.

2. The Office will not issue a Notice of Appointment for assessment of damages unless the plaintiff lodges a complete set of relevant papers toinclude:-

(a) a copy of the Writ of Summons and pleadings;(b) any medical reports upon which the plaintiff intends to rely; and(c) any documents relating to a claim for special damages upon which

the plaintiff intends to rely.

3. Additional documents (such as medical reports or documents relating tospecial damages) which have not been included in the papers lodged, orwhich have come into being subsequently, must be filed in the Office at least one clear working day prior to the appointment for assessment of damages.

4. Additional documents (such as medical reports or documents relating tospecial damages) which have not been included in the papers served pursuant to paragraph 4, or which have come into being subsequently, must be served on the party against whom judgement is given at least one clear working day prior to the appointment for assessment of damages.

5. Where an action has been settled between the days when the appointment for assessment is fixed and the appointment date, the plaintiff’s solicitors should immediately notify the office, that the assessment of damages will not be proceeding.

6. The practice set out in this Note will come into operation on Monday 18February 2002.

JW WILSONMaster (Queen’s Bench and Appeals)

C J CORRY Master (High Court)

22 January 2002

12

January 2002

Stevie Matchette

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Denise Shaw

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Bill Sheridan

Andrea Adams

Marion Sterrit

Mary Penton

Jean Holmes

Sharon McHugh

Allen Hawthorne

Jan McKay

Heather Robinson

Alison McAvoy

Tom Martin

Grainne Scott

Police Service of Northern Ireland - Domestic Violence Officers

Attention !!! All Family Law PractitionersFor your information this list of Domestic Violence Officers has been made available.

Domestic Violence Officers

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(North Queen St)

Belfast South

(Donegall Pass)

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(Mountpottinger)

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(Woodburne)

Lisburn

Dunmurry

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Antrim

Carrickfergus

Newtownabbey

Newtownards

Bangor

Enniskillen

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Banbridge

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028 9025 9711 (30711)

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028 9025 9738 (30738)

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028 9025 9733 (30733)

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028 4461 5011 (40109)

028 3752 1159

028 6632 1602 (40602)

13

January 2002

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Strabane

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028 7137 9864 (40864)

028 8775 0515 (40515)

028 7939 9401 (40401)

028 7035 0961 (40961)

028 3831 5306 (40306)

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028 3025 9210 (40210)

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14

January 2002

NIYSA EASTERDISCO

9.00pm - to late

O'Neills Bar4 Joys entry

(off high Street)Belfast

Thursday 28th March 2002

Admission £5.00

We wish to announce that our conference in 2002 will be a joint conference withthe Southern Young Solicitors. The conference agenda has yet to be finalised.

The Conference fee will be in line with previous years and will be approximately£140.00.

Anyone interested in reserving a place should complete the booking form below.Numbers are strictly limited and early booking is advised.

Booking Form8th – 10th March 2002, NIYSA Conference.(Please complete in type or block letters)

Name

Firm Name

Address

Cost (approx £140.00)

Tel(inc.code) Fax

e-mail

I will be sharing with

I wish to book for the NIYSA Annual Conference. I prefer a double/twinroom (Please circle your preference). I accept that all payments are non-refundable and that my booking is subject to availability and to writtenconfirmation by the Organisers.

The remaining balance shall be payable by me to the NIYSA on request . I shall be responsible directly to the Hotel for any incurred room tab oncheck out.

Note* We regret that we cannot accept bookings at the Conference Hotel forsingle rooms or single nights. All bookings must be made through NIYSA.

Please tick if vegetarian

Signed Date

Please return completed booking form and £40.00 deposit cheque in anenvelope marked "NIYSA Conference" to: Nessa Agnew, Vice-Chairman,NIYSA, c/o Joint Legal Services, SEELB, Block 1, Grahamsbridge Road, BelfastBT16 2HS

Deposits to be received no later than Friday 15th February 2002

Annual Conference 8th - 10th March 2002

Faithlegg, WaterfordJoint Conference with SYS

15

January 2002

Republic of Ireland

Agents

All legal work undertaken on an agency basis

All communications to clients through instructing solicitors

Consultations in Northern Ireland if required

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

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

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Members: (BSA & NIYSA) £10Others £20

Venue: Law Society House (all lectures)Refreshments available at 12.30 pm

Cheques and bookings to BSA c/o Karen Henebry of Cleaver Fulton & Rankin, 50 Bedford Street, Belfast, k.henebry@cfrlaw.co.uk

NIYSA & BSA lunchtimeLecture Series

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16

January 2002

Alert to the Fraudster

This article first appeared in 'The Lawyer' 98/41 25 October and is reproduced here with the kind permission of the editor.

Fraud is one the greatest risks fora law firm. It can be perpetratedby an employee or a partner, orthe firm can be used for a vehicleof fraud by a client. However itarises, the result is oftencatastrophic. It can drive theremaining partners intobankruptcy and lead to theclosure of the firm.

Even if disastrous consequencesare avoided, partners could stillhave to convince insurers thattheir firm is an insurable risk,despite fraud or dishonesty.

Therefore, it is alarming thatmany firms have no procedures inplace to minimise the risk offraud.

While there must be a degree oftrust between partners andemployees, it should never beblind faith. Underwriters areunlikely to be impressed byexcuses such as 'he was mypartner for 20 years, I trusted himcompletely', or 'there was no waythat we could have prevented thefraud.'

A firm should be able todemonstrate that:

• There were systems in place;• All staff were aware of them;

and • The systems were constantly

monitored.

The systems best suited to aparticular firm will depend upon anumber of factors including thesize of the practice, the numberof offices, and the type of workundertaken. However, thefollowing are some examples of

the steps that firms shouldconsider.

Client Fraud

• It is essential that the firm hasa client vetting procedure

• It is an absolute requirement that the firm has a money laundering procedure in place,which is followed every time anew client matter is opened.

• A partner should sign off eachnew client matter. This step should not be regarded as a minor administrative chore. Itwill be the responsibility of the partner concerned to ensure that correct proceduresare followed.

Partner and employee fraud

Firms should consider thefollowing:

• Require two signatures on cheques above a certain limit. Be ready to ask questions of the person requesting the cheque. Be alert to anything unusual;

• Perform regularspot cheques onclient ledgers and files. On a random basis, ask for the file and a copy of the ledger card when signing cheques;

• Who is authorised to sign cheques? Keep a tight control over who has authority to sign. Never leave signed blank cheques in the cheque book. Keep cheque books under lock and key;

• Implement security procedures, to be followed when instructing banks in relation to money transfers. Discuss these with your bank or accountant

• Prepare regular reconciliation statements

• Encourage your accounts staffto raise queries, problems or points that concern them.

Do not make life easy for thefraudsters. Effective systems willincrease the chance of gettingcaught and reduce the fraudster'sability to operate

17

January 2002

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18

January 2002

Reform toindustrial andfair employmenttribunalsReform to industrial tribunals isproceeding with considerablemomentum. In July 2001, in Englandand Wales, the government issuedRoutes to Resolution, a consultationdocument designed to streamlineprocedures for resolving employmentdisputes. Consultation on the samechanges for Northern Ireland was heldin the autumn. Before the Departmentof Employment and Learningconsultation closed, the governmentannounced the setting up of a taskforce to advise on operational changesarising out of the document. The taskforce is to report to Patricia Hewitt atthe Department of Trade and Industryby Spring 2002. Moreover, otherproposals have already been included ina newly published Employment Bill atWestminster.

Proposals contained in Routes toResolution included:

• only allowing applications to industrialtribunals to proceed once workplacedisciplinary or grievance procedureshave been completed;• awarding additional or reducedcompensation where an employer oremployee has failed to take minimumprocedural action to resolve disciplinaryor grievance actions;• allowing tribunals to disregardprocedural mistakes beyond minimumprocedural action if such action wouldmake no difference to the outcome ofthe case. This would effectivelyoverturn settled case law in Polkey v A EDayton Services Ltd (1987);• removing the Labour Relations Agency

duty to conciliate disputes involvingunlawful deductions from wages,breach of contract and redundancy pay;• introduction of charges for lodgingapplications to industrial and fairemployment tribunals;• easing the basis on which costs can beawarded against a party in weak cases;• introducing a power to allow tribunalsto make costs directly againstrepresentatives who charge for services.• Increasing the extent of costs awardedby including compensation for timespent by other party in dealing with theclaim;• Introducing a fast track procedure forclaims for breach of contract,redundancy and unlawful deductionsfrom pay.

The proposals to increase chargingfollows hot on the heels of new rulesintroduced in 2001 to raise the ceilingfor costs awards from £500 to £10,000to deter pursuit of weak cases. Ineffect, Routes to Resolution proposes aseries of incentives to encourage earlyresolution of workplace disputesthrough disciplinary and grievanceprocedures and penalties for pursuingmatters to industrial and fairemployment tribunals without apparentjustification. Paradoxically, proposals onconciliation dilute the scope for theLabour Relations Agency to mediatebetween parties.

In providing evidence to theEmployment and Learning Assemblycommittee, the Law Centre emphasisedthat of 46 per cent of claims lodged in2000, the applicant either attendedwithout representation or did not turnup at all to an industrial tribunal. Forfair employment tribunals the figurerises to 74 per cent. The currentproposals are likely to act as a furtherdeterrent to applicants to pursue claimswhether weak or strong. Furthermore,with around 80 per cent of industrialtribunal applications being eithersettled or withdrawn, there is a dearthof research into what motivatessettlements and whether agreementsreached accurately reflect the actualmerit and financial value of the claim.In recommending research in this area,the Law Centre noted that a number ofassertions regarding employers settlingclaims without foundation to avoid timeand expense lack any evidential basis.In fact, Law Centre anecdotalexperience suggests many applicantssettle claims below their financial valueto avoid the expense of hiring a solicitorand the stress of going to a tribunal un-

represented.

The Law Centre also drew thecommittee's attention to the lack of anemployment appeal tribunal inNorthern Ireland and its ability to act asthe place where clear precedents couldbe set and reduce the numbers of casesproceeding to industrial tribunals.Moreover, in direct evidence to theCommittee, the provision of legal aidfor representation of employmentappeals in Scotland in specificcircumstances was highlighted.

Specific concerns were also raised aboutoverlooking procedural mistakes wherethe errors make no difference to aclaim. The overturning of Polkey goesagainst the grain of the approach takenelsewhere in Routes to Resolutionnamely, to find ways of encouragingemployers to develop proper and fairprocedures in the workplace. Reducingthe Labour Relations Agency's duty toconciliate was also noted as puzzlingwhen only three years ago thegovernment outlined, in introducing theEmployment Rights and Dispute Act,that allowing ACAS to conciliate onredundancy claims reduced complaintsby tribunals by 12 per cent.

The Employment Bill now introduced toParliament in Westminster implementsthe proposals to require employees touse workplace grievance anddisciplinary procedures before applyingto tribunals, fast track procedures forcertain claims, changes to awards attribunals where workplace proceduresare not utilised and to includecompensation for time the other partyhas spent in preparing the case whenawarding costs. Mercifully, the idea ofcharging fees to take a claim to atribunal has been dropped.

Encouraging early resolution ofworkplace disputes is laudable.Unfortunately employees face as manynegative penalties as positive incentivesin pursuing this goal. Whether theproposals appropriately recognise whoholds the power in a workplace disputeis a moot point. It is particularlyunfortunate that the government'sdetermination to deter claims toindustrial tribunals is not matched withzeal to ensure applicants have access tolegal representation where disputescannot be resolved.

For a copy of the Law Centre's responseto Routes to Resolution contactCatherine Couvert 9024 4401 or e-mailcatherine.couvert@lawcentreni.org

19

January 2002

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20

January 2002

NORTHERN IRELAND COURT SERVICE2001 No. 426

LEGAL AID, ADVICE AND ASSISTANCE

The Legal Aid in Criminal Proceedings (Costs)(Amendment No. 2) Rules (Northern Ireland) 2001

Made 3rd December 2001

Coming into operation 30th December 2001

These Rules amend the Legal Aid in Criminal Proceedings(Costs) Rules (Northern Ireland) 1992 so as to alter thedate after which certain work may be remunerated atdiscretionary instead of prescribed rates from 31stDecember 2001 to 31st December 2002.

2001 No. 432

MAGISTRATES' COURT

Magistrates' Courts (Amendment) Rules (Northern Ireland)2001

Made 17th December 2001Coming into operation 11th January 2002

These Rules amend the Magistrates' Court Rules (NorthernIreland) 1984 (the principal Rules) to substitute a new Rule143 which provides for warrants in proceedings uponcomplaint to be sent for execution to the districtcommander for the police district in which the warrant isissued.

The amendment is required in consequence of the Police(Northern Ireland) Act 2000.

In July 2000 the Lord Chancellorestablished an Extra Statutory ex gratiaScheme to provide public funding forrepresentation at exceptional inquests.

I write to draw the Society's attentionto a General Policy Statement foradministering applications for fundingunder the extra Statutory ex gratiascheme. The General Policy Statement,is attached for your information.

The general Policy Statement Indicates that each application forfunding will be considered on its ownmerits and in the round. All decisionson applications for funding will bemade by Ministers in the LordChancellor's Department.

The General Policy Statement will bekept under review.

I have written in similar terms to theChief Executive of the Legal AidDepartment.

STATEMENT OF GENERAL POLICY FORADMINISTERING APPLICATIONS FORFUNING UNDER THE EXTRA-STATUTORY EX GRATIA SCHEME FOR

REPRESENTATION AT EXCEPTIONALINQUESTS IN NORTHERN IRELAND

1. The general policy for consideringapplications for funding under theExtra-Statutory Scheme is set outbelow:

Application form

2. Applications under the extra-Statutory Gratia Scheme should be sentdirectly to:

Northern Ireland Court ServiceLegal Aid Division3rd Floor Windsor House9 - 15 Bedford StreetBelfastBT2 7LT

3. Applications for funding shouldinclude the following information:

.i. name and last known address ofdeceased.

ii. Name and address of applicantiii. The relationship of applicant anddeceased

iv The date and estimated duration ofthe inquest

v. Details of any action arising out ofthe death, and the status of anycurrent action, including how theapplication is to be funded.

vi. The level of legal representationrequested

vii. An indication of the level ofrepresentation available to otherparticipants at the inquest.

viii. As far as possible, the details of thebackground of the death.

ix. The criteria as set down by the LordChancellor addressed in as full amanner as possible.

x. Reasonably detailed costs for theprovision of the level of representationsought.

xi. Reasonably detailed costs for anydisbursements, including obtainingreports, expert witness expenses, whichmay be necessary and an explanationas to why it should be funded underthe Extra-Statutory Scheme.

Financial Eligibility

4. The application must be

Extra -statutory Scheme for Funding ofExceptional Inquests

21

January 2002

accompanied by the prescribed CLA4form, in which the applicants' financialeligibility details must be set out.

5. The applications must satisfy the civillegal aid financial eligibility test.

6. There must be no source ofalternative funding available.

7. Ministers may at their discretion, inexceptional circumstances, exclude anycompensation payments from themeans test.

8. The applicants should be ofsufficiently close relationship to thedeceased to warrant funding. In thefirst instance information will berequired in the following terms:

a. if the deceased was a child, meansforms from the parent or parents;b. b. if the deceased was an adult,means forms from his or her partner;c. if the deceased was an adult whohad not a partner, means informationconcerning the deceased's parents,children and siblings.d. where a. - c. does not apply otherapplicants may be considered.

9. Any contributions assessed as beingpayable will be deducted from theoffer of any grant approved myministers.

10. Where there are other familymembers, some of whom are notfinancially eligible, it may beappropriate to refuse funding orrestrict it to a proportion of the costsof representation.

Principles of funding

11. Funding provided from the Extra-Statutory ex gratia scheme will takethe form of a one off grant up to asum specified by the minister in eachcase.

12. The grant will cover only advocacyat the hearing, but this may be takento include (where it is reasonable andjustified in the individual case):

i. Fees for acting as advocate at thehearing, (including solicitor advocacy).

ii. The costs of any other legalrepresentation attending the hearing.

iii. The costs of instructing counsel forthe hearing;

iv. The cost of any conference at orimmediately before the hearing;

v. Costs in relation to any preliminaryhearing at which advocacy is required.

13. Any other work including work

preparatory to the hearing should bedone under the legal advice andassistance, green form scheme.

14. Only one grant of funding will bemade in respect of an individualinquest unless there are compellingarguments to the contrary.

15. Grants will be made for 1 counselnormally at junior counsel rates unlessthere are compelling reasons to thecontrary.

Consideration of Applications

16. It is important that applications aremade as early as possible to allow timefor the request for funding and thepapers to be passed to the Minister fora decision.

17. As a general policy, funding will beprovided on a prospective basis unlessthere are compelling reasons to thecontrary. However, this will only beconsidered if the application was madeat the earliest opportunity, Generallyfunding will take effect from the datethe request for funding is forwarded tothe Minister.

18. The views of the Coroner will besought on the suitability of the case forfunding and level of representationrequired

19 he views of the Coroner will besought on the appropriateness of theestimated duration of the inquest.

Dissatisfaction with results ofapplication

20 If the minister refuses anapplication, a request can be madewithin 14 days of the decision to bereconsidered. If so the application willbe reconsidered. Reasons will be givenfor all decisions made.

Remuneration

21 The rates payable for Extra-Statutory work are to be based onremuneration provisions as set out inthe legal Aid in criminal Proceedings(Costs) Rules (Northern Ireland) 1992.As a general policy, where an hourlyrate is involved an uplift of 50% will bepayable.

22. The rates for travel and mileageare those payable under the 1992 Rulesand will be paid on an actual basis.

23. Every application for funding mustspecify a figure to the total amount offunding required broken down tospecify the hours claimed and rates

charged for both solicitor and ifrequired counsel. IN the vent that nodate of hearing is set the reasonablydetailed estimated costs will benecessary.

24. Grants will usually be subject to abinding cost limit specified under thegrant. Payment will only be made forwork reasonably carried out up to thatcost limit.

25. Where there is a significant changein circumstances following an offer of agrant from the scheme, a formalrequest seeking an increase of theterms of the grant to accommodate thechange in circumstances should besubmitted prior to any work beingundertaken which exceeds the terms ofthe grant.

26. If Ministers approve funding, the NICourt Service will advise the solicitoracting on behalf of the applicant assoon as practicable.

27. The NI Court Service will notify theLegal Aid Department once a grant hasbeen made to terminate theavailability of legal advice andassistance, green form scheme.

Bill of Costs

28. Detailed Bills of Costs must besubmitted within 3 months ofcompletion of the inquest.

29. The Taxing Master will assess allBills of Costs submitted taking accountof the letter of offer.

30. The Taxing Master can allow feesup to the amount specified in theletter to offer and may disallow specificitems claimed where these appear tobe unreasonable or not allowed onlegal aid taxation.

31. If a solicitor or counsel isdissatisfied with the remunerationassessed by the Taxing Master willreview his assessment based on thewritten representations.

32. If after the review by the TaxingMaster the solicitor or counsel is stillnot satisfied, solicitors or counsel canwithin 30 days make furtherrepresentations and papers will beissued to Ministers for their decision.

December 2001.

22

January 2002

NORTHERN IRELAND COURT SERVICE

APPOINTMENT - DEPUTY RESIDENT MAGISTRATESAPPOINTMENT - DEPUTY RESIDENT MAGISTRATES

The Lord Chancellor invites applications from suitably qualified personsfor consideration for appointment as DEPUTY RESIDENT MAGISTRATES.

Qualifications

In accordance with Section 10(1) of the Magistrates' Courts Act(Northern Ireland) 1964, as amended, persons to be eligible forappointment must, at the date of his or her appointment, havepractised for not less than seven years either as a member of the Bar ofNorthern Ireland or as a solicitor of the Supreme Court of Judicature ofNorthern Ireland. Applicants should normally be aged between 35 and60 years.

Deputy Resident Magistrates sit from time to time as required and inaccordance with their own availability. Appointment is for a(renewable) period of five years.

Remuneration

The rate of remuneration is £363-00 per day.

The Lord Chancellor who is an equal opportunity employer willrecommend for appointment the candidate who appears to him tobe best qualified regardless of ethnic origin, gender, marital status,sexual orientation, political affiliation, religion or disability(subject to the physical requirements of the office).

Candidates will be appointed following an interview processwhich may include shortlisting. CVs will not be accepted. Whereit is necessary to prepare a shortlist for interview, only thosecandidates who best demonstrate competence within therequired criteria will be called for interview. It is thereforeimportant that application forms should reflect how, and towhat extent the criteria are met.

Persons wishing to be considered for appointment may obtainan application form and information pack only by writing toMrs Patricia Black, Judicial Services Branch, Northern IrelandCourt Service, Windsor House, 9-15 Bedford Street, BelfastBT2 7LT (DX 2005 NR, Belfast 2). Completed forms MUST bereturned to arrive at the above address not later than4.00pm on Thursday 28th February 2002.

A DEPARTMENT OF THE LORD CHANCELLOR

NORTHERN IRELAND COURT SERVICE

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January 2002

Notice Containing a Direction underArticle 4 of the Terrorism (UnitedNations Measures) Order 2001 (S.I.2001/3365)

1. On 28th September 2001, the UnitedNations Security Council adoptedresolution 1373 (2001). AS from 10October 2001, effect has been given inthe United Kingdom to paragraph 1 (c)and (d) of this resolution by the Terrorism (United Nations Measures)Order 2001 (SI 2001/3365), hereafter"the 2001 Order". The 2001 Order wasmade by her Majesty by Order inCouncil in exercise of the powersconferred on Her by section 1 of theUnited Nations Act 1964 (c. 45)

2. In exercise of their powers under article 4 of the 2001 Order, the Treasury(through the Bank of England acting asthe Treasury's agent) hereby direct allrelevant institutions that any fundswhich they hold for or on behalf of any of the persons listed in Annex 1 heretomust not be made available to anyperson except under the authority of alicence granted by the Treasury. Thisdirection is to have effect until revokedby further notice given by the Treasury.

3. Where a relevant institution holds funds for or on behalf of any of thepersons listed in Annex 1, it mustwithout delay send a copy of this noticeto the person for whom, or on whosebehalf, they are held.

4. A person who contravenes the direction given under paragraph 2, orwho fails to comply with therequirement in paragraph 3 is guilty ofa criminal offence under the 2001 Order.

5. In this notice "funds", and "relevantinstitution" have the meaning given bythe 2001 Order.

6. Enquiries concerning any matter contained in this notice are to be addressed to the Bank of England. Threadneedle Street, London, EC2R 8AH and marked for the attention ofthe Financial Sanctions Unit (FSU).Enquiries may also be made at sanctions.unit@bankofengland.co.ukon 020 7601 4309 (fax) or by telephone(020 7601 4768/5811/ 4783).

Bank of England Notice UnitedNations Act 1946

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Law Society (NI) Financial AdviceRegulated by the Financial Services Authority

WHAT’S ON OFFER?WHAT’S ON OFFER?

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HOW DO I FIND OUT MORE?HOW DO I FIND OUT MORE?

Annex 1

Terrorism (United Nations Measures)Order 2001

28th December 2001

Entities:

1. Continuity Irish Republican Army(CIRA).2. Loyalist Volunteer Force (LVF).3. Orange Volunteers (OV)4. Red Hand Defenders (RHD)5. Ulster Defence Association/UlsterFreedom Fighters (UDA/UFF)

9 January 2002

Individuals:

1. AL -JAZIRI, Abu Bakr, Nationality:Algerian Address: Pershawar, Pakistan2. AL-LIBI, Abd al-Mushin, a.k.a.Ibrahim Ali Muhammad Abu Bakr

Entities:

1. Afghan Support Committee (ASC),a.k.a. Lajnat ubMasa EidatulAfghania, Jamiat Ayat-ur-Rhas alIslmamia, Jamiat Ihya ul Turath AlIslamia, Ahya ul Turas. OfficeLocations: Headquarters - G.T. Road(probably Grand Trunk Road), nearPushtoon Garhi Pabbi, Peshawar,Pakistan Cheprahar Hadda, MiaOmar Sabaqah School, Jalalabad,Afghanistan.

2. Revival of Islamic Heritage Society(RIHS), Pakistan and Afghanistanoffices, a.k.a. Jamiat Ihia Al-TurathAl-Islamiya, Revival of Islamic SocietyHeritage on the African Continent,Jamia Ihya ul Turath. OfficeLocations: Pakistan & Afghanistan.

24

January 2002

EMPLOYMENT LAWYERS’ GROUP(NI)

Hon. Sec. Eamonn McArdle, Bar Library, Royal Courts of Justice, Chichester Street

Voice Mail: (028) 9056 2282

Fax: (028) 90231850

E-mail: eamonn.mcardle@ireland.com

Chairperson Orla Murray

Hon. Treasurer June Turkington

Speaker: Barry Phillips BL

Date: Friday, 8 March 2002

Time: 1.00pm (coffee and sandwiches served from 12.30pm)

Venue: Law Society Lecture Theatre, Law Society House, Victoria Street, Belfast

Cost: Members £3, Non-members £6.

Lunchtime Seminar

The Internet at Work Legal and Technical Angles

Booking forms and cheques, made payable to The Employment Lawyers Group (NI), should be sent to:

Ms June Turkington, Legal Directorate, Central Services Agency, 25-27 Adelaide Street, Belfast, BT2 8FH

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

Booking Form

Name

Firm

Address

I enclose remittance of £

25

January 2002

Membership Renewal

Membership fees are now due for 2001-2002. Members are invited to renew their membership for the forth-comingyear. New members are welcome. Please return the form below completed together with cheque for £10 made payableto ELG (NI) to: June Turkington, Legal Directorate, Central Services Agency, 25-27 Adelaide Street, Belfast BT2 8FH

I enclose cheque for £10.00 made payable to ELG (NI)

Name

Address

Telephone No: (work) E-mail

Membership Form

By Brian E Doherty

WILD BIRD PROBLEM

The European Commission hasissued a Reasoned Opinion toIreland regarding its alleged failureto fully implement the Wild BirdsDirective. It alleges and has failedto classify all the most suitableterritories for various species andto establish necessary legalprotection regimes. The workalready done by Ireland in this areahas been considered insufficient bythe Commission to meet EU legalrequirements.

MOX: EUROPEAN COURTCHALLENGE

In the aftermath of the failure toobtain interim relief from theInternational Tribunal for the Lawof the Sea Ireland has pledged tochallenge the opening of the plantunder the Euratom Treaty arguing

that it is economically unviable andtherefore illegal.

In addition, a further airing of thecase before the InternationalTribunal is expected.

ENTITLEMENTS FOR FATHERS

The European Court of Justice hasheld that French fathers have thesame pension entitlement asworking mothers.

FRENCH BAN ON UK BEEFILLEGAL

The European Court has ruled thatFrance had broke EU law bymaintaining a ban on British beefover fears that it was not safe fromrisk of BSE. France now risks afurther legal action before theCourt which could result in hugefinancial consequences by way of aone off fine or a periodic fine untilit meets Community lawrequirements.

THE HUMAN RIGHTSCONVENTION CANNOT HELP

Ernest Saunders failed in arenewed appeal against a

conviction in the 1990 Guinnesstrial. The Court of Appeal inLondon ruled that the trial wasunlawful under the Human RightsAct was not possible following arecent House of Lords decision thatthe Human Rights laws were notretrospective in relation toappeals.

A petition to appeal to the Houseof Lords is expected.

GERMAN COURT BANSDISCOUNT

A German Court ordered clothingretailer C&A to withdraw 20%discount for customers paying bycredit card rather than by cash.The concession was intended tocut queues at tills for the initialperiod after the introduction ofthe EURO.

The Court held that a 70 year oldlaw on special offers which banddiscounts in a stores entire stockfor a limited period had beenbreached.

26

January 2002

InterTradeIreland, the trade and businessdevelopment body set up to facilitate crossborder trade is set to host series of North/SouthBusiness Forums in association with the LawSocieties of Ireland and of Northern Ireland,the Ulster Society of Chartered Accountants,and the Institute of Chartered Accountants inIreland.

This is the first time the four professionalbodies have collaborated on an initiative of thiskind.

The Forums have been developed to raiseawareness of the opportunities, advantages, pitfalls and barriers involved intrading between the two jurisdictions on the island.

Five forums have been arranged, taking place during February and March, whichprovide excellent opportunities to hear from experts in cross-border trade andbusiness development. The forums will focus on issues surrounding corporate andpersonal tax, corporate and employment law, financial incentives, VAT and indirecttaxes. Specialists from accountancy and law practices on both sides of the borderwill be covering the topics and inviting questions from the audience.

The forums are as follows:

13 February 2002 Canal Court Hotel, Newry 3.30pm20 February 2002 Citywest Hotel, Co Dublin 8.30am27 February 2002 Wellington Park Hotel, Belfast 3.30pm6 March 2002 The Everglades Hotel, Derry 3.30pm12 March 2002 The Sligo Park Hotel, Sligo 3.30pm

Numbers are limited and there is a nominal charge of £40/€60. Further informationregarding North/South Business Forums 2002 can be found atwww.intertradeireland.com or by contacting Nicola McGuinness on 028 3083 4154.

Liam Nellis, Chief ExecutiveInterTradeIreland

Law Society of Northern Ireland Solicitors(Northern Ireland) Order 1976 (As Amended)

COLIN VICTOR MACCORKELL, A FORMER SOLICITOR

Notice is hereby given pursuant to the provisions of Article 52(3)(b) of theabove Order that the above-named person, who practised formerly in thefirm of McFarland MacCorkell and Graham Solicitors, at 41 - 43 BachelorsWalk, Lisburn, BT28 1XN, was struck off the Roll of Solicitors in NorthernIreland by Order of the Disciplinary Tribunal constituted under the aboveOrder, on 14th December 2001.

Dated this 4th Day of January 2002

JW BailieRegistrar of Solicitors.

North/South BusinessForums 2002

S.T.E.M. Investigations

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A member of The StreetwiseAssociation of Private Investigators

Professionalism, Discretion, Integrity

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27

January 2002

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28

January 2002

The Commission is currently re-examining the 1996 Leniency Notice inaccordance with the review clausewhich mandates a review of thelegislation within five years of itsadoption. The aim is to make thecartel detection system more effectiveand transparent. The Draft LeniencyNotice can be obtained on thefollowing web-site:(http://europa.eu.int/comm/competition/antitrust/legislation/96c207_eu.html)EU competition policy seeks to protectthe unity of the internal marketagainst monopolisation of certainmarkets, as a result of companymergers or restrictive agreements.One form of a restrictive agreement isa cartel that is made between two ormore parties who are at the samelevel of production or supply. Secretcartels involve price fixing, banningimports or exports, quotas forproduction or sales and the sharing ofmarkets between enterprises.

The Commission as part of its reviewof competition has become aware ofthe fact that many enterprisesinvolved in cartel agreements areseeking to withdraw from sucharrangements and would be willing toinform the Commission of theexistence of these cartels. At present,these enterprises are discouragedfrom informing the Commission ofsuch cartels, because of the likelihoodof incurring fines.

Accordingly on the 18 July 2001 theCommission launched an initiative toprovide EU businesses with anincentive to disclose secret cartelactivities. (The initiative can beobtained on the following web-site:http://europa.eu.int/comm/competition/antitrust/leniency). This initiative isstill in draft form and was publishedin the official Journal C 205, on the 21July 2001. It outlines in detail,conditions under which theCommission can authorise theexemption or reduction of fines, inreturn for the continued co-operationfrom an EU enterprise. (This notice onimmunity or reduction of fines incartel cases does not apply toindividual employees of enterprises.)

Where an enterprise has decided tobenefit from the Leniency Notice, aperson empowered to represent theenterprise should contact theCommission's Directorate -General for Competition. TheCommission will then examine thecase to determine whether theconditions have been met andwhether to grant a reduction or waivea fine altogether. It is important tonote that any grant of leniency inrespect of fines does not protect anenterprise from the civil lawconsequences of its participation in anillegal agreement.

The Commission is currently processingcomments submitted by interestedparties, (the deadline was 21September 2001) and hopes toincorporate them into the final Notice.The Commission aims to publish thefinal Notice in the Official Journal bythe end of 2001.

Modernisation of Competition

In September 2000, the EuropeanCommission tabled a proposal for aRegulation on the implementation ofthe rules on competition as laid downin articles 81 and 82 of the EC Treaty.Articles 81 & 82 of the Treaty, outlineCommunity competition policy onrestrictive practices betweenenterprises and their abuse ofdominant positions. The proposalreplaces the current centralised systemwhereby only the Commission has fulladministrative authorisation, to one inwhich the national authorities andcourts can apply article 81 in full.

The aims of the proposal are asfollows:

1) Increase of protection ofcompetition in the interests ofconsumers

Due to the imminent enlargement ofthe European Union, the Commissionis unable to effectively ensurecompetition rules are upheld on itsown. By spreading the responsibilityand thereby strengtheningenforcement, the Commission cantarget the most serious restrictionsand abuses. This in turn would

improve protection and ensure thatconsumers are able to benefit fullyfrom the single market.

2) Fostering closer links betweendecision-making bodies andindividuals.

Decentralisation will embrace acommon competition culture andacceptance of community rules.However, the Commission is mindfulof the views of the EuropeanParliament, that decentralisationshould not result in re-nationalisationof competition policy.

3) Creation of a single rule oflaw/Community instrument.

The proposal means that businesseswill no longer have to contend withdistinct legal systems of MemberStates, whenever their activities affecttrade between them. A level playingfield will be created, reducingcompliance costs and red tape

Recent Developments

On the 6 September 2001 MEPs voted409 to 54 with 25 abstentions, infavour of the Commission's proposalto modernise the system forimplementing articles 81 and 82 of theEC Treaty.

Next Steps

Discussions of the draft Regulationwill continue in the Council ofMinisters. There is no indication at thistime of the likely date for adoption ofthe proposed Regulation by theCouncil.

Update on EUCompetition legislation

List ofApprenticesThe Society presently holds thenames of apprentices who, for

one reason or another, would beinterested in transferring their

apprenticeships.

If you are interested in taking anapprentice please contact Mrs.

Yvonne Blackstock at LawSociety,

Tel: 028 9023 1614

29

January 2002

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The Education and Library Board Legal DepartmentCampbell and Grant Solicitors

Fitzsimmons Kinney and Mallon

On the successful completion of their Lexcel/ISO 9001/2000Assessments by

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We would also like to thank the committee of the Belfast SolicitorsAssociation for the opportunity to address their members at the last

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30

January 2002

Missing Wills

RE: HUGH GERARD MCCREESHDeceasedLate of 112 Silverbridge Road,Mullaghbawn, Newry, Co Down.

Would any solicitor who is aware of aWill made by the above nameddeceased, please contact CiaranRafferty Solicitor of 98 Hill Street,Newry, Co Down BT34 1BT

Tel: 028 3026 1102Fax: 028 3026 0757

RE: William Harland of 32 IngledalePark, Belfast BT14 7GZ and latterly ofLisburn Private Nursing Home, 119Hillsborough Road, Lisburn, Co AntrimDate of Death - 24th December 2001Retired Glazing Contractor

Would any person having knowledgeof the whereabouts of a Will of theabove named person please contact:-

Byrne & HerbertSolicitorsAvonmore House15 Church SquareBANBRIDGECo Down BT32 4AP

Telephone - 028 406 62251Fax - 028 406 26706

RE: Ronald Hylands Graham DeceasedLate of 14 Cline Road, Banbridge

Would any person having knowledgeof the whereabouts of the Will of theabove named deceased please contactAdrian Travers, Solicitor, 82A NewryStreet, Banbridge, Co. Down, BT32 3HA

Telephone number (028) 4062 9990Fax number (028) 4062 9991

RE: Stanley Herbert Seaton

Late of Flat 20, 169 Skegoniell Avenue,Belfast, BT15 3JS, died on 19thDecember 2001.

Would any person holding an originalWill for the above named deceasedplease contact Joe Rice, Solicitor, JohnJ. Rice & Company, Solicitors, LawSociety House, 94 Victoria Street,Belfast, BT1 3JZ

Telephone - 028 9028 8688

Search for More Up To Date Will

RE: SHARON GWENDOLINE HERRON(formerly Scott)Date of death: 31 May 2001

Late of the Old School House, 91Moyallan Road, Portadown, Craigavon,County Armagh - Would any personholding an Original Will later than 25February 1992, please contact Watson& Neill Solicitors, 23 High Street,Lurgan, Craigavon, County Armagh,BT66 8AH Tel: (028) 3832 5111

Peter William Warburton Jones EsqBL Deceased

Died 28 March 2001

Would any solicitor from whom thelate Peter William Warburton JonesBL held on going instructions orfrom whom fees were outstandingplease contact the under noted assoon as possible.

Barry ThompsonElliott Duffy GarrettSolicitorsRoyston House34 Upper Queen StreetBELFASTBT1 6FD

Telephone: (028) 9024 5034Fax: (028) 9024 7370

e-mail:barry.Thompson@edgsolicitors.co.uk

Our client, an established and progressive sole practitioner, seeks anambitious solicitor with not less than five years PQE. Based atspacious modern and well appointed offices in Belfast, this representsa unique opportunity and strategic career move for the rightcandidate.

A wide range of experience in family law, conveyancing, andlitigation would be useful, as is the ability to grow and develop astrong client base.

This position would be ideal for a commercially astute professionalwho can cultivate relationships at all levels and stimulate businessdevelopment opportunities.

The successful candidate will be rewarded withan excellent financial package and the short-term opportunity to attain Partnership status.

Reply in strictest confidence, with full CV andcovering letter, to Susan Wilson, HarbinsonMulholland, IBM House, 4 Bruce Street, Belfast, BT27JD before Friday 15 February 2002.

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HASSLE?

Contact Graham Keys or John Forsythe at Diamond Heron

02890 243726

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ASSISTANT SOLICITOR required

For expanding - established practice.Experience in litigation and family lawdesirable.The position offers salarycommensurate with experience.Flexible working hours available tosuitable candidate. Please apply inwriting together with C.V. to:-

Mrs Margaret CaseyCasey & CaseySolicitors,'Legal House'25/27 Lower Catherine StreetNewryCo DownBT35 6BE

We are an Equal Opportunity Employer

T H Conlan - Solicitors

We require an ASSISTANT SOLICITORfor personal injury litigation.

Please apply in writing enclosing CVto:-

TH ConlanSolicitors28 College GardensBELFASTBT9 6BT

ASSISTANT SOLICITOR REQUIRED forLitigation Department in busyexpanding practice. Solicitor musthave at least four years PQE inDefendant's civil litigation. Theposition offers excellent prospects andattractive salary and a happy workenvironment. Reply in writing withcomprehensive curriculum vitae instrictest confidence to:

THE RECRUITMENT PARTNERMcCloskeysRochester Building28 Adelaide StreetBelfastBT2 8GD

“CONVEYENCING SOLICITORREQUIRED” We have a vacancy for apart time Conveyencing Solicitor withat least 2 years PQE. Applications in thestrictist confidence to Paul Farrell, McIvor Farrell Solicitors, 129 SpringfieldRoad, Belfast BT 12 7AE orpfarrell@mcivorfarrell.co.uk. Salerycommensurate with experience.

31

January 2002

SOLICITORS REQUIRED Land Certificate

Folio No. 22353County Tyrone

Registered Owner John Campbell(Deceased)Lands of Annagher

TAKE NOTICE that if any person havingcustody of, or information as to thewhereabouts of the Land Certificaterelating to the above mentioned Folioshould forthwith produce saidCertificate or communicate suchinformation to the under-mentionedsolicitors.

AND TAKE FURTHER NOTICE thatunless the said land certificate is soproduced or adequate information asto the whereabouts is socommunicated within three weeks ofpublication of this notice, a duplicateLand Certificate may be applied for.

Carmel O'Meara & Co.Solicitors32 Irish StreetDUNGANNONCo. TyroneBT70 1DB

FOLIO NUMBER 12222

COUNTY DOWNREGISTERED OWNER: THOMAS PTREANORLANDS OF CARRICKMACSTAY

TAKE NOTICE that any person havingcustody of or information as to thewhereabouts of the Land Certificaterelating to the above mentioned Folioshould forthwith produce saidCertificate or communicate suchinformation to the undermentionedSolicitors.

AND TAKE FURTHER NOTICE thatunless the said Land Certificate is soproduced or adequate information asto its whereabouts is so communicatedwithin three weeks of publication ofthis notice, a duplicate Land Certificatemay be applied for.

Patrick J. ColeSolicitor12 Duke StreetWARRENPOI NTCo. DownBT34 3JY

James Murland & CoSolicitorsDownpatrick, Carryduff, Ballynahinch

Assistant Solicitor Required forexpanding property department

The Solicitor should ideally have 1 to 3years experience of CommercialConveyancing although considerationwould be given to a suitable Applicantwith Conveyancing experience whowould train in this area.

This is a post with excellent prospectsand an attractive salary.

Apply in strictest confidence enclosinga C.V. to the Monitoring Officer, JamesMurland & Company, Solicitors, 15English Street, Downpatrick, Co DownBT30 6AP by 8th February 2002.

We require an Assistant Solicitor forConveyancing/Litigation duties.Salary negotiableApply in strictest confidence to:

Mrs E. McNameec/o Patrick Fahy & CoSolicitors4 John StreetOmaghCo TyroneTel: 8224 4028

ConferenceJoint Law Society

of Northern Ireland and

Law Society of Scotland Conference

St. Andrews' Bay, Scotland

10th - 12th May 2002.

Full details of the Conferenceincluding prices and booking formswill be sent to the profession very

shortly.

New Books in the Library

32

January 2002

Published by the Law Society of Northern Ireland

98 Victoria St. Belfast, BT1 3GNEditor John Bailie

The views expressed are not necessarily those of the Law Society

of Northern Ireland

Produced for the Law Society of Northern Ireland by Citigate Design, Holywood. Printed by Stephen Eastwood Printing Ltd.

Law Society Library Email:

hsemple@lawsoc-ni.org

Copy deadline for February8th February 2002

NEWSPAPERSNewsDirectory.comhttp://www.ecola.com

NewsDirectory is your guide to all online English-language media. This is a freedirectory of newspapers and magazines. NewsDirectory is logically organised sothat the links can provide you with easy access to thousands of periodicalsworldwide. You can link to over 3,600 newspapers and 4,800 magazines.Newspapers can be browsed by country and magazines by subject.

Financial Timeshttp://news.ft.com/home/uk/

This comprehensive site offers the user the opportunity to browse forinformation on certain companies, the markets and specific industries. The useris also able to search the newspaper by keyword.

The Times Law Reportshttp://www.thetimes.co.uk/section/0,,12,00.html

Full text law reports on this site date back to October 2000. Particular monthsmay be browsed which is useful to locate a specific reference. Alternatively asearch facility enables searching of the last seven days free of charge. Searchesoutside this timescale are conducted on a subscription basis.

Irish Timeshttp://www.ireland.com/newspaper/archive/

The Irish Times archive enables users to search this newspaper back to 1998. Thesearch facility uses Boolean operators, and this is explained in the help section.Searches may be limited to particular sections of the paper or may be datespecific.

Daily Telegraphhttp://www.telegraph.co.uk/law?ac=007009630013574&rtmo=VsSSS38K&atmo=rrrrrrrq&pg=/ixnlaw.html

The Electronic Telegraph site provides a selection of law reports produced byWestlawUK. These reports are updated each Thursday and are available for oneweek only.

SELECT SITES

1) Tyler: Fisher and Lightwood’s law of mortgage. 11th ed. Butterworths. 2002

2) Berry: Personal insolvency; law and practice. 3rd ed. Butterworths. 2001

3) Tolley’s maternity and parental rights. Butterworths. 2001

4) Hewitt: Joint ventures. 2nd ed. Sweet & Maxwell. 2001

5) Solomon: Personal injury litigation. 10th ed. Sweet & Maxwell. 2002

6) Jackson & Powell on professional negligence. 5th ed.Sweet & Maxwell. 2002

7) Heywood & Massey: Court of protection practice. Sweet & Maxwell. 2001

8) Smith: Internet law and regulation. 3rd ed. Sweet & Maxwell. 2002

9) Pugh-Smith: Neighbours and the law. 3rd ed. Sweet & Maxwell. 2001

10) Elliott: Byles on bills of exchange and cheques. 27th ed.Sweet & Maxwell. 2001

11) Robertson: Media law. 4th ed. Sweet & Maxwell. 2002

12) Hendy: Munkman on employer’sliability. 13th ed. Butterworths. 2001

13) Hammonds Suddards Edge: Tolley’s purchase and sale of a private company’s shares. 10th ed. Tolley LexisNexis. 2001

14) Bowers: Employment tribunal practice and procedure. Vol. 2. 3rd ed. Sweet & Maxwell. 2001

E-MAIL DIRECTORY - 4TH EDITION

The library has produced a new edition of the directory of solicitors inNorthern Ireland. The directory costs £5 and if you would like a copyplease contact any member of library staff.