The Legal Weektag:,2008:/2632008-07-02T15:20:53ZAimed at legal professionals, The Legal Week is the Liverpool Daily Post’s essential news and information resource for the regionMovable Type 3.31Hill Dickinson grows banking capabilities with two-partner led banking teamtag:www.thelegalweek.merseyblogs.co.uk,2008://263.508962008-07-02T14:40:38Z2008-07-02T15:20:53ZHILL DICKINSON have strengthened their banking team with the appoinment of a new partner. Elaine Charrôt has joined the national law firm as a partner in the banking team headed by Patrick Keown. She will work across the North West...Vicky Anderson
HILL DICKINSON have strengthened their banking team with the appoinment of a new partner.
Elaine Charrôt has joined the national law firm as a partner in the banking team headed by Patrick Keown.
She will work across the North West from Hill Dickinson’s offices in Manchester, Liverpool and Chester.
She also established and advised on numerous investment funds and private equity structures together with related financing arrangements.
Prior to this, Elaine was an associate in the corporate banking team at Addleshaw Goddard‘s Manchester office, where she worked with Patrick acting for leading banks on a range of lending transactions involving acquisition, project and property finance.
Elaine said: “Hill Dickinson has a rapidly growing reputation for banking and finance work and I am very excited about this opportunity.
"Patrick and I have worked together previously and I am aware of the excellent work he has been doing since his arrival at Hill Dickinson.
"We will continue to build on that and grow the practice in the coming months and years.”
Patrick Keown, partner and head of banking at Hill Dickinson, said: “Only a handful of corporate firms in the North West have specialist banking lawyers.
"Elaine’s appointment further proves our success in attracting the best talent and our commitment to providing a bespoke legal service for the banking sector.”]]>
Warning over anti-fly-tipping paperwork for developerstag:www.thelegalweek.merseyblogs.co.uk,2008://263.508362008-07-02T10:43:10Z2008-07-02T11:26:19ZDEVELOPERS across Merseyside are being warned that for most projects commenced after July 1 there will need to be prepared plans for managing and reducing site waste. Failure to comply could result in a substantial fine. New legislation means that...Vicky Anderson
DEVELOPERS across Merseyside are being warned that for most projects commenced after July 1 there will need to be prepared plans for managing and reducing site waste.
Failure to comply could result in a substantial fine.
New legislation means that any "construction" project costing more than £300,000, including building work, maintenance, alteration, decoration and demolition, will need a Site Waste Management Plan (SWMP) in place before any work begins.
Earle Brady, a construction lawyer at DLA Piper Liverpool, said: “It is a highly significant change. If the work is started without the appropriate documentation both the developer and principal contractor are guilty of an offence. Breach of the new regulations could lead to a fine of up to £50,000 or, if in the Crown Court, an unlimited amount. Failure to produce the plan at any time could also result in a £300 "on the spot" fine.
“Around 20m tonnes of construction waste is fly-tipped every year and the SWMP is being introduced to help reduce this figure and cut down on the amount of waste going to landfill sites.”
The SWMP must include information about the client, principal contractor, and the person who drafted the SWMP as well as a description of the site, the work proposed and the estimated project cost.
In addition to this, the document should specify the type and quantity of waste which will be created and the measures to reduce it.
“This new legislation is designed to help protect the environment, by reducing site waste and encouraging the use of recycled materials," Earle added.
“It should make it easier for companies to manage the waste disposal process, which will eventually help to reduce costs - by providing strict estimates of the materials needed it will encourage contractors to keep to the targets and provide a useful reference point for future projects.”
Law firm goes in-house to advise on crunch job cutstag:www.thelegalweek.merseyblogs.co.uk,2008://263.507592008-07-01T11:27:20Z2008-07-01T11:40:33ZA WIRRAL law firm is taking a proactive approach to guard their clients from legal pitfalls created by the credit crunch. DGB Solicitors, based in Heswall, is going in-house with small firms to shore them up in case they need...Vicky Anderson
A WIRRAL law firm is taking a proactive approach to guard their clients from legal pitfalls created by the credit crunch.
DGB Solicitors, based in Heswall, is going in-house with small firms to shore them up in case they need to make redundancies.
The move comes after LDP Legal revealed last week that employment lawyers across Liverpool are seeing a surge in demand for advice.
But downsizing can be a thorny issue.
DGB’s head of employment, Paula McNamee, said: “Reducing the headcount is an unpleasant and disruptive experience for employers and employees alike, and employers need to ensure that they follow a fair and reasonable procedure.
“If employers fail to do this, they could face an unfair dismissal claim, which will include compensation for future loss.ŠThis could be big money, particularly in industries like construction or property, where it is likely to be increasingly difficult to find a new job in the current economic climate.”
Her tailored “prevention is better than cure” approach includes going direct to DGB’s clients and working with them in-house to review procedures and guide them through the redundancy process.
Government figures reveal the number of employment tribunals has rocketed in recent years.
There were 132,577 tribunal claims in 2006/07, up from 115,039 in 2005/06 and 86,181 in 2004/05.
The average cost of defending a claim is £9,000 and an award for unfair dismissal can now be as much as £72,900.
Ms McNamee said she had seen a significant increase in enquiries from companies about how to implement redundancies.
But small firms, in particular, might not have adequate procedures in place.
“In order for businesses to survive the credit crunch, it is important that employers think now about how to handle job losses,” Ms McNamee said.
Firms without a human resources department are especially vulnerable, she added.
There is huge scope for the unwary employer to get it wrong, including failing to warn and consult with employees about impending job losses, trying to rush through a redundancy programme, and failing to consider suitable alternative employment.
Ms McNamee said firms should be wary of having procedures that are not compliant with the age discrimination laws that came into force in 2006.
These make “last in, first out” policies increasingly open to a claim for indirect age discrimination as younger workers have not had the time to build up years of service.
Ms McNamee added: “An average time for getting an unfair dismissal claim before an employment tribunal is four to six months.
“This involves considerable time and expense in preparing for the tribunal hearing.”]]>
Lawyers shrug off poor weather conditions in charity triple challengetag:www.thelegalweek.merseyblogs.co.uk,2008://263.507522008-07-01T11:16:12Z2008-07-01T11:23:40ZENERGETIC members of Liverpool’s legal community were put through their paces at the weekend during the 12-hour Langdale Valley Charity Challenge. The event, organised by Brabners Chaffe Street, saw participants cycle for 30 miles, canoe for six miles and walk...Vicky Anderson
ENERGETIC members of Liverpool’s legal community were put through their paces at the weekend during the 12-hour Langdale Valley Charity Challenge.
The event, organised by Brabners Chaffe Street, saw participants cycle for 30 miles, canoe for six miles and walk another 10 miles across the Lake District.
More than 50 solicitors took part, raising £4,000 for Brabners’ 2008 charity, the Manchester New Children’s Hospital Appeal.
Competitors then saddled up to cycle along steep roads via Little Langdale into the Langdale Valley.
The conditions were so choppy on Coniston Water, a number of teams also enjoyed a swim as their boats capsized.
Teams from regional food retailer Booths, Royal Bank of Scotland, University of Central Lancashire, Yorkshire Bank and CLB Coopers also took part.
Adrian Rogers, associate at Brabners’ Exchange Flags offices, told LDP Legal: “It was an extremely tough event, not helped by the less than friendly weather conditions on the day, but a lot of fun.
“The fact that there were so many people, and that we were in teams, acted as a great motivation to not let people down and to encourage and spur each other on to the finish line.”
The event is the latest of a number of exhilarating fundraising events Brabners Chaffe Street are organising, with skydiving, white-water rafting and swimming with sharks either already done or lined up.]]>
OPINION: Paul Beck on why the Equality Bill should apply to both the public and private sectorstag:www.thelegalweek.merseyblogs.co.uk,2008://263.507492008-07-01T11:11:23Z2008-07-01T11:15:31ZTHE white paper produced by the Equalities Minister Harriett Harman last week paved the way for legislation that will require all public bodies to reveal what they are doing to close the gender pay gap. The white paper also aims...Vicky Anderson
THE white paper produced by the Equalities Minister Harriett Harman last week paved the way for legislation that will require all public bodies to reveal what they are doing to close the gender pay gap.
The white paper also aims to ban “gagging clauses” that are used by one in four employers to stop staff comparing wages.
Disclosure would allow those who are unlawfully underpaid - usually women - to challenge the employer at an employment tribunal.
The aim of the legislation is to reduce the gender pay gap which currently stands nationally at 12.6%.
This Equality Bill will only require public and not private sector companies to engage in pay audits.
Although the Bill does not legally require private sector business to engage in pay audits, it does say that private sector companies supplying the public sector have to provide details of any pay differences among their staff in order to retain the work.
However, this still means that 70% of companies will not be affected by the proposal. They will merely be required to become more open about their equality policies.
This is a landmark piece of legislation which, if implemented fully, will help millions of people across the UK, however what about the millions who are not covered by the legislation.
The Government needs to address the discrepancy between rules on pay for the public and private sector.
Without compulsory pay audits for the private sector these proposals will only represent a victory for public sector employees and not the 20m people who work within the private sector.
The majority of part time female employment is within small private businesses and it will require a whole change in their outlook before these female employees can benefit.
Ms Harman stated: “A part-time woman still earns 40% less per hour than a man working full-time.” And she asked: “Are women 40% less intelligent? 40% less committed?”
Well, using the same logic applied by this statement, are those working within the private sector less intelligent or less committed than those working in the public sector and if not should they not benefit from the same equality legislation?
Paul is a partner at Quinn Barrow specialising in employment law.]]>
Madonna's divorce - analysistag:www.thelegalweek.merseyblogs.co.uk,2008://263.506802008-06-30T12:27:30Z2008-06-30T14:12:13ZMADONNA'S recently-announced divorce proceedings from film director husband Guy Ritchie has made waves across the city's legal offices. Here's what two of Liverpool's top divorce lawyers thought about the a-list break-up....Vicky Anderson
MADONNA'S recently-announced divorce proceedings from film director husband Guy Ritchie has made waves across the city's legal offices.
Here's what two of Liverpool's top divorce lawyers thought about the a-list break-up.
Helen Marriott, partner and head of family law at Brabners Chaffe Street LLP, says:
“If Madonna and Guy Ritchie have decided to end their marriage, they face a legal minefield given their different levels of personal wealth and the fact they may be able to claim residency in a number of countries.
“There is another level of complication over whether they signed a pre-nuptial agreement prior to their marriage and, if so, in which country this is valid.
“If there is no pre-nuptial agreement, my advice would be for Guy to file for divorce in this country without further delay.
“The divorce courts in the UK are notoriously generous in comparison to other countries.
“By getting in there quickly, he can try to avoid the situation where Madonna files for divorce in a jurisdiction that is considered much less generous in its settlements to the less wealthy spouse.
“The fact that the man in the relationship is the less wealthy party makes the situation all the more intriguing.
“In many respects, it’s the reverse scenario to that faced by Sir Paul McCartney and Heather Mills, albeit Guy Ritchie enjoys greater personal wealth - and a stronger public reputation – than the former Mrs McCartney.
“I hope that lessons can be learned from previous high-profile divorces and the matter can be finalised without acrimony and away from the public eye."
Carole Atkinson, partner and family law expert at Mace & Jones, commented:
“The fact that Madonna did not arrange a pre-nuptial before her marriage to Guy Ritchie has surprised many people, especially given that pre-nuptials are common place in America.
"However, whilst pre-nuptials provide a guideline to courts in the UK, they are not binding in this country. The fact that Madonna and Guy Ritchie have children together may well negate any pre-nuptial that had been put in place.
"Whilst we can only speculate the true value of Madonna’s personal wealth, she is undoubtedly the wealthier partner.
"Courts do not take into consideration the sex of the parties and as the main breadwinner, the likelihood is that Madonna will have to make a settlement to Mr Ritchie.
"The fact that their marriage lasted for seven years will strengthen Mr Ritchie’s claim. Madonna will have to maintain Mr Ritchie’s lifestyle, providing him with a home for himself and their children and with an income to live on.
"One possible advantage for Madonna is that her children are still relatively young and it is likely they will live with her. She will therefore not have to pay Mr Ritchie child support.
"Dragging proceedings through the courts for many months will not reduce Mr Ritchie’s claim. If Mace & Jones were to advise Madonna, we would recommend that both parties enter into a collaborative agreement, which would ensure that the settlement is agreed in private.
"Furthermore , it is absolutely essential that both parties sign a non-disclosure agreement, which would prevent the media intrusion experienced by Paul McCartney.” ]]>
Sore HIPstag:www.thelegalweek.merseyblogs.co.uk,2008://263.506012008-06-27T17:39:28Z2008-06-27T17:43:42ZA recent report commissioned for a number of bodies including the Royal Institution of Chartered Surveyors (Rics), the National Association of Estate Agents and the Association of Residential Letting Agents (Arla) by the ex-head of the Office of Fair Trading,...Phil Rees-Roberts
A recent report commissioned for a number of bodies including the Royal Institution of Chartered Surveyors (Rics), the National Association of Estate Agents and the Association of Residential Letting Agents (Arla) by the ex-head of the Office of Fair Trading, has recommended that HIPs become voluntary.
Sir Bryan Carsberg said that the system was not working and represented a "worst of all worlds" approach, by omitting most of the useful information needed and imposing more costs on a property transaction.
His most damning indictment in the report was that it is inappropriate for “legislation to lay down how consumers should conduct transactions unless there is substantial public interest…I do not think there is in the case of buying and selling residential property.”
I'm not surprised by this turn of events. Before the introduction of HIPs the government was widely criticised by property professionals (myself included) arguing that the most important details were missing and that HIPS could have a negative effect on an already difficult property market.
It was plain to see that all HIPs would achieve would be to add an extra layer of bureaucracy and cost at a time when it was the last thing that the housing market needed.
The addition of extra fees and rates seems to have turned into the economic policy for this government.
Take empty rates for example. Rather than forcing owners to find occupiers we are seeing companies seeking to reducing their liability by demolishing buildings or leaving them incomplete. For many regions empty rates has been the final nail in the coffin of speculative development.
So (not for the first time) a well intentioned proposal looks like it has backfired and produced the opposite effect to that intended - instead of encouraging vacant premises to be occupied, the charge will discourage new development of commercial premises. By the time the market’s appetite for development returns (2 years, my guess) hopefully this anti-business tax will have been binned.
Now that the hangover from HIPs appears to be setting in, I would’nt be surprised if the pre-budget report sees the government announce that HIPs will be scrapped and there will be a temporary suspension of Stamp Duty for property under £250,000.
Since I prepared this note the Daily Post reports that the Chairman of the NWDA , Bryan Gray has sent a letter to John Hutton , Secretary of State for business, urging the government to similar intent on these two points.
It’s not all been bad news though – EPCs are here to stay. A relatively straightforward (though costly) process that actually serves a relevant purpose. If used correctly they could help to identify and encourage the use and development of more sustainable buildings. However, the timing of its implementation couldn’t have been worse if they tried! Plus ca change le meme chose!!
Free Will service launched in Cheshiretag:www.thelegalweek.merseyblogs.co.uk,2008://263.503552008-06-25T13:34:32Z2008-06-27T11:09:30ZSOLICITORS in Chester are teaming up with a leading cancer research charity to give local people the chance to make or update a will free of charge. Fifteen solicitors are now offering Cancer Research UK’s Free Will Service to people...Vicky Anderson
SOLICITORS in Chester are teaming up with a leading cancer research charity to give local people the chance to make or update a will free of charge.
Fifteen solicitors are now offering Cancer Research UK’s Free Will Service to people aged 55 and above in the Chester area
There is no obligation to leave a gift to the charity when using the service, but many of the 415 people who have already taken advantage of the unique scheme have chosen to do so and as a result are helping the charity in its bid to beat cancer.
Paul Farthing, director of high value relationships at Cancer Research UK, said: “Legacies, or gifts left in wills, are extremely important to the charity sector, which received about £1.5bn in this way in 2005.
“At Cancer Research UK more than a third of the charity’s research is funded by legacies.
“In fact, last year alone, our Free Will Service generated more than £2.5m, with more than £30m pledged in more than 5,000 wills. Nearly £1.5m of that was pledged by the people of Chester.”
One in three people in the UK will develop cancer at some stage in their lives, with about 3,000 people diagnosed in Chester every year.
But the good news is that more people are surviving the disease thanks to earlier detection, more effective diagnosis and improved treatments made possible by ongoing research into cancer.
Mr Farthing added: “Legacies really do make a huge difference to funding our research.
“For this reason, we hope the people of Chester will continue to think about leaving a gift to a charity when writing their will.”
More than 78 local Cancer Research UK supporters attended an evening reception at The Queen Hotel in Chester yesterday (tues jun24) to find out more about legacies and how they fund research both locally and nationally.
Supporters were joined by Dr Mark Boyd, a leading researcher within the Division of Surgery and Oncology at the University of Liverpool, who spoke about his work to investigating a number of common cancers including prostate, bladder and kidney cancers.
Anyone interested in finding out more about Cancer Research UK’s Free Will Service, can telephone 020 7121 6697 or email: fws.administration@cancer.org.uk.
Credit crunch leads to rise in demand for employment advicetag:www.thelegalweek.merseyblogs.co.uk,2008://263.502972008-06-25T06:51:01Z2008-06-25T06:55:48ZTHE bite of the credit crunch is fuelling a boom in demand for employment law advice, Liverpool solicitors are reporting. Businesses feeling the financial squeeze are looking to save costs and cut overheads. And as the spectre of redundancies looms...Vicky Anderson
THE bite of the credit crunch is fuelling a boom in demand for employment law advice, Liverpool solicitors are reporting.
Businesses feeling the financial squeeze are looking to save costs and cut overheads.
And as the spectre of redundancies looms ever larger, the city’s law firms are seeing big increases in companies seeking advice.
Peter Mooney, head of consultancy at the Employment Law Advisory Service, said he has seen a marked increase in enquiries from across the business spectrum.
Last week alone, his practice spoke to three different manufacturing companies about reorganising their business, including the need for redundancies.
He told LDP Legal: “One manufacturer is switching its operation to Germany, meaning the UK site will become solely a distribution centre and we’ve witnessed similar closures and assimilation policies across the sector.
“Businesses in the service sector are also feeling the pinch – we’ve even acted on behalf of a London law firm which has been forced to lay off a handful of solicitors.”
Mr Mooney is tipping the food sector to be the next to look at downsizing as businesses struggle to cope with the rising cost of raw materials.
The region’s employment law experts agree that, rather than being a blip, the upturn is down to the gloomy economic climate.
Charles Millett, employment law specialist at Morecrofts Solicitors, said: “At Morecrofts, we are receiving more and more enquiries from business owners and employees seeking advice on employment issues such as redundancy.”
Mr Millett said it is imperative for employers to seek legal advice prior to putting any plans into action.
Not doing so could land a company with numerous and costly legal proceedings as employees drag their cases through tribunals.
He is advising clients to take out insurance against the risk of being taken to tribunal and to sign up for packages where legal advice is provided at a fixed annual rate.
But he was also seeing more employees who had been presented with compromise agreements detailing redundancy packages.
Mr Millett said it is just as important that employees receive professional advice.
“A lot of our clients have been told by their employers that they are simply a ‘rubber stamping’ exercise.
“Compromise agreements are complex legal documents and they require in-depth advice from a specialist employment lawyer. Without this, employees could be signing away their rights to bring claims without receiving adequate compensation.”
Nick Campbell is employment partner with Brabners Chaffe Street LLP, who with 20 solicitors specialising in employment law have one of the biggest practices in the country.
He said: “We are certainly experiencing an increase in enquiries as firms face up to the prospect of business reorganisation and redundancy proposals.
“As the market continues to take a turn for the worse, redundancies tend to become more commonplace so we anticipate an increase in litigation.
“In the present climate, employers are becoming more aware than ever of the need for specialist employment law advice before they embark on any proposed business reorganisation.”
Daredevil lawyers take to the skiestag:www.thelegalweek.merseyblogs.co.uk,2008://263.502962008-06-24T19:48:57Z2008-06-27T11:27:38ZA TEAM of daredevil Liverpool lawyers took to the skies for a charity skydive. The eight-strong group from Brabners Chaffe Street jumped from 10,000ft above the Cheshire Plain to raise more than £1,000 for the New Children’s Hospital Appeal, the...Vicky Anderson
A TEAM of daredevil Liverpool lawyers took to the skies for a charity skydive.
The eight-strong group from Brabners Chaffe Street jumped from 10,000ft above the Cheshire
Plain to raise more than £1,000 for the New Children’s Hospital Appeal, the firm’s chosen charity for 2008.
Kimberley Strickland, one of the first to jump, said: “It was a truly exhilarating experience and we were very lucky with the weather. The views were fantastic.
Isabel Thornton, Mark Robertson, Matt Hargreaves, Ruth Powell, Nicola Buckley, Rachael Kirkup and Sarah Roberts followed Kimberly out of the plane.
Sarah Naismith, head of The New Children’s Hospital Appeal, said: “We’re obviously extremely grateful to the team for undertaking this challenge to raise funds for the new hospital.
“With their support and that of others across the region, we’re steadily getting closer to our £20m target which will benefit the children and their families from across the North West who will use the new hospital.”
Due to open in 2009, the new children’s hospital will have more than 390 beds. The appeal aims to provide accommodation for parents wanting to stay with their children, and provide cutting edge equipment for diagnosis and treatment.
Other Brabners Chaffe Street fundraising events coming soon include whitewater rafting, swimming with sharks and a Charity Challenge in the Langdale Valley this Sunday.]]>
Desperate legal moves as impact of anonymous witnesses ruling felttag:www.thelegalweek.merseyblogs.co.uk,2008://263.502952008-06-24T19:40:46Z2008-06-24T19:48:28ZDesperate legal moves were taking place behind the scenes tonight as ministers worked to secure the use of anonymous witnesses. Officials were in a race against time to plug a gap in legislation ripped wide open by a controversial House...Vicky Anderson
Desperate legal moves were taking place behind the scenes tonight as ministers worked to secure the use of anonymous witnesses.
Officials were in a race against time to plug a gap in legislation ripped wide open by a controversial House of Lords ruling last week.
Top police officers and prosecutors want the use of anonymous witnesses to be enshrined in law before Parliament rises for the summer recess.
If a solution cannot be found in the next 28 days, courts could face a deluge of appeals at a potentially huge cost to the taxpayer.
Police believe up to 40 people convicted of serious crimes in the capital alone could walk free if witnesses refuse to reveal their names in a retrial.
Lawyers for two of the four men found guilty of murdering Birmingham teenagers Charlene Ellis and Letisha Shakespeare said they plan to appeal.
A host of other high-profile convictions in which the jury heard evidence from anonymous witnesses could now also face challenges.
They include the murders of Michael Dosumnu, Magda Pniewska, Toni Ann Byfield and Zainab Kalkoh.
Meanwhile dozens of trials across England and Wales were effectively put on hold as prosecutors assess the wide-ranging implications of the ruling.
Among the cases thought to be affected are some of the most high-profile gang-linked murders of recent years.
Speaking at a meeting of senior officers in Liverpool, Home Secretary Jacqui Smith said she shared the frustration of the police.
But she refused to confirm if an emergency bill would be necessary to rescue the use of anonymous witness.
She said: “This is something we are looking at very urgently including, if necessary, looking at whether we can change the law.
“I certainly accept, and I said some time ago, that there is a problem here that we need to solve.”
Justice Secretary Jack Straw said the law will be changed before the December Queen’s Speech, but police chiefs said this was too long to wait.
In their judgment, the Law Lords said it has been a fundamental principle of English Law that a defendant should be able to see and challenge his accuser.
The implications of the ruling became clear at the Old Bailey today when a £6 million trial of two
men accused of murder collapsed.
Judge David Paget told an astonished jury that the two-month case had been “derailed” by the decision.
He told them: “You have heard evidence from a number of witnesses that you should not have heard.”
Douglas Johnson, 27, and David Austin, 41, will be retried over the contract killing of east London businessman Charles Butler, 50, next year.
Giving defendants anonymity through screens, false names and voice altering equipment has been a key weapon in convicting dangerous villains.
Police fear legal principles clash with the pragmatic demand of getting the most violent offenders off our streets.
Giving anonymity to witnesses has proved especially successful in cases of gangland violence, organised crime and terrorism.
Officials must now clear space in the Parliamentary timetable so that legislation can be pushed through before the summer recess.
Assistant Commissioner Bob Quick, head of New Scotland Yard’s Counter Terrorism Command, said action must take place as soon as possible.
He said: “This needs resolving. The Queen’s Speech is too far away, in my view.
“The implications for the fight against organised crime and terrorism are very serious.
“We urgently need this redressed, by legislation if necessary.
“It’s catastrophic. There is too much principle and not enough pragmatism in the criminal justice system.”
Assistant Commissioner John Yates said: “This is exactly the type of problem we anticipated in the wake of the Law Lords ruling.
“This was one of the most serious cases involving special measures for witnesses and
demonstrates the implications for other cases, both from the past and in the future.
“We are working very closely with all parties and are receiving active support from Government in seeking a solution.”
Ken Jones, president of the Association of Chief Police Officers (Acpo), said anonymity had become a vital tool in difficult prosecutions.
He said: “Anonymity has been used in a tiny, tiny minority of cases and the fundamental principle that you are entitled to hear from your accuser has not been breached.
“These powers are used only in rare and exceptional circumstances - the judiciary have supported them for a long time and there are rigorous checks and balances.”
The Crown Prosecution Service (CPS) said the number of cases which would be affected by the ruling was not known.
A spokeswoman said: “We have asked our prosecutors to seek an adjournment on all cases using anonymous witnesses to allow us to assess the implications of the House of Lords’ judgment in each particular case.”
Sharp rise in offences resulting in court actiontag:www.thelegalweek.merseyblogs.co.uk,2008://263.500662008-06-23T06:48:03Z2008-06-23T07:01:42ZMERSEYSIDE'S Criminal Justice Board (CJB) has seen the largest increase in offences brought to justice than other like-for-like urban areas. Since 2002 more than 45,800 offences resulted in the perpetrator being convicted in court, formally cautioned or receiving a penalty...Vicky Anderson
MERSEYSIDE'S Criminal Justice Board (CJB) has seen the largest increase in offences brought to justice than other like-for-like urban areas.
Since 2002 more than 45,800 offences resulted in the perpetrator being convicted in court, formally cautioned or receiving a penalty notice for disorder.
That is 1,627 more than the target set by the Government.
Assistant chief constable Helen King, a member of the CJB and an officer with Merseyside Police, said: "In the last two years the area has seen the largest fall in crime in the country.
"That we have also seen the largest increase in offences brought to justice compared to similar areas is a huge achievement.
"It is a tribute to the determination of victims and witnesses to bring offenders to justice and to the hard work and professionalism of all those who work in the criminal justice system, including the Police Crown Prosecution Service, Her Majesty’s Court Services, Youth Offending Services and Probation.
The CJB say their statistics boost is higher than Cleveland, Northumbria, Greater Manchester, West Midlands and West Yorkshire.
It was set up in April 2003 to manage the criminal justice system at a local level. Along with the other 41 Local Boards across England and Wales, it reports to the National Criminal Justice Board.
Members of the board include the chief constable Bernard Hogan-Howe and Paul Whittaker the region's chief crown prosecutor.
Hero Liverpool barrister named Merseyside woman of the yeartag:www.thelegalweek.merseyblogs.co.uk,2008://263.500652008-06-22T22:45:57Z2008-06-22T22:46:43ZA BARRISTER who talked a 15-year-old girl down off a motorway bridge has been named Merseyside Woman of the Year 2008. Sue Sherman, a children’s care procedures specialist, spent 20 minutes with the teenager on the M60 before suggesting they...Vicky Anderson
A BARRISTER who talked a 15-year-old girl down off a motorway bridge has been named Merseyside Woman of the Year 2008.
Sue Sherman, a children’s care procedures specialist, spent 20 minutes with the teenager on the M60 before suggesting they should go back to her car to warm up.
The girl hugged her and allowed Sue, who had been driving home from a training conference in Bolton, to lead her away from danger, much to the relief of the police officers at the scene.
Sue, who was born in Kirkby but these days lives in Wirral, said she was “overwhelmed and delighted” to be honoured.
Accepting her award, Sue said: “There are people in this room who save lives every day I just had the chance to save one.”
Speaking afterwards she added: “I feel very proud that a girl originally from Kirkby can be voted Woman of the Year. I feel very privileged in my job every day to be able to work with people from Liverpool. To win this award is the icing on the cake after a lovely year in which I have also been approved as a foster carer and am thoroughly enjoying foster care.”
Also honoured in the Awards, sponsored by Merseyrail and supported by the Daily Post, were the winners of 10 categories from entertainment to women’s groups.
They included former Brookside actress Sue Jenkins, who described her award as “special and meaningful”, 25-year-old fundraiser Michelle Lewis and local independent gallery owner Olwen McLaughlin.
The judges of the awards, which took place during a lunchtime ceremony at Crowne Plaza hotel, were Yvonne Leith, Merseyrail’s head of safety; Jean Gadsby, of Gadsbys; Emma Johnson, Daily Post features editor; Ann McCracken, O2 UK community manager; Lyn Staunton, of Power Promotions; Dorothy Kuya, executive member of Granby Residents Association and a trustee of National Museums Liverpool; Geraldine McEntegart, founder of McEntegart Marketing; Lesley Martin-Wright, marketing and business development manager of JST Lawyers; Sandra St Rose, director of operations at Liverpool Diversity Centre; Esther McVey, founder of Winning Women; and former Merseyside Woman of the Year Ellen Kerr, of Women in Business.
Entertainment was provided by Liverpool singer-songwriter Laura Critchley, who is currently on tour with Boyzone. The 24-year-old has just returned from a successful trip to America to release her new single Today’s Another Day, remixed by Ash Howes who has worked with Kylie Minogue and Nelly Furtado.
THE timing of this year’s awards is particularly poignant as it has taken place just before the 10,000 people are due to take part in a fundraising event for the Linda McCartney Centre.
They will come together at Liverpool Cricket Club to take the shape of a giant woman in a stunt that is similar to Australia’s Field of Women, held by that country’s Breast Cancer Network.
The Linda McCartney Centre, at the Royal Liverpool Hospital, provides treatment for cancer and other illnesses. Fashion designer Stella McCartney has agreed to be a figurehead for the event.
To sign up to take part, visit www.fieldofwomen.com
Five promoted at Liverpool law firmtag:www.thelegalweek.merseyblogs.co.uk,2008://263.499372008-06-20T06:17:41Z2008-06-27T11:37:18ZFive lawyers at Liverpool-based Quinn Barrow and Quinn Melville have been promoted to partners. Paul Thomas, who specialises in commercial litigation and dispute resolution, and family law expert Jenny Walsh, join the partnership team at Quinn Barrow. Ian Till, Clare...David Higgerson
Five lawyers at Liverpool-based Quinn Barrow and Quinn Melville have been promoted to partners.
Paul Thomas, who specialises in commercial litigation and dispute resolution, and family law expert Jenny Walsh, join the partnership team at Quinn Barrow.
Ian Till, Clare Fletcher and Lionel Greig, who all specialise in criminal work, have received partnership at sister firm Quinn Melville.
Paul Thomas, who qualified in 1984, has been involved in a number of high profile cases, including representing Wayne Rooney’s former agent in litigation.
Jenny Walsh is a specialist family practitioner with the particular expertise in financial matters arising out of the breakdown in family relationships for high net worth individuals.
Ian Till, a former pupil at Maricourt High School, in Maghull, joined Quinn Melville in 2000 dealing exclusively in criminal work. He qualified in 2002 and became a duty solicitor in 2007.
Clare Fletcher, who qualified in 2005 after completing a training contract with the firm, is an expert on high value fraud and serious criminal defence work.
Lionel Greig, who qualified as a solicitor last year, runs Quinn Melville’s police station call out system and also specializes in prison law.]]>
Liverpool lawyer takes centre stage at culture eventtag:www.thelegalweek.merseyblogs.co.uk,2008://263.499352008-06-19T21:15:37Z2008-06-19T21:17:25ZA LIVERPOOL lawyer is set to take centre stage in one of the highlights of the city’s Capital of Culture programme. Elspeth Christie, a solicitor at DLA Piper, will join the Royal Liverpool Philharmonic Choir in three performances of Benjamin...David Higgerson
A LIVERPOOL lawyer is set to take centre stage in one of the highlights of the city’s Capital of Culture programme.
Elspeth Christie, a solicitor at DLA Piper, will join the Royal Liverpool Philharmonic Choir in three performances of Benjamin Britten’s War Requiem.
She will travel with the choir to Cologne’s Altenberg Abbey for the performances.
The soprano from Wavertree, who attends regular rehearsals, on top of her job in the construction and engineering practice of DLA Piper Liverpool, said: “The choir is made up of 150 people from all over Merseyside.
“Its members are drawn from a wide range of occupations with more than one solicitor.”
This week, Elspeth will take time out from her career as a legal advisor to perform alongside the Oratorio Choir of Cologne.
She added: “It’s tough practising four nights per week ahead of the concert, but we’re all really looking forward to performing in Germany.”
Following the Altenberg concerts, the Oratorio Choir will then travel to Liverpool to repeat the performance at the city’s Anglican Cathedral in a recital sponsored by the Culture Company.
“We’re delighted to be able to host the Oratorio Choir, especially during the city’s Capital of Cult- ure year,” continued Elspeth.
Britten’s War Requiem is one of the 20th century’s greatest choral works. It holds special importance to Elspeth as it was part of her first concert with the Royal Liverpool Philharmonic choir over 16 years ago.
“I’ve sung all of my life, first in the church choir from the age of six and then in the Philharmonic choir from the age of 15.
“It can be difficult jug- gling work commitments with choir practice, but I’m lucky to have such a rewarding career and hobby,” said Elspeth.
Benjamin Britten’s War Requiem takes place in Altenberg Abbey, Cologne, on Tuesday, June 24 and Wednesday, June 25, and at Liverpool’s Anglican Cathedral on Saturday, June 28. Tickets are available from the Philharmonic Hall, but are limited in number.
“The divorce courts in the UK are notoriously generous in comparison to other countries.
“By getting in there quickly, he can try to avoid the situation where Madonna files for divorce in a jurisdiction that is considered much less generous in its settlements to the less wealthy spouse.
“The fact that the man in the relationship is the less wealthy party makes the situation all the more intriguing.
“In many respects, it’s the reverse scenario to that faced by Sir Paul McCartney and Heather Mills, albeit Guy Ritchie enjoys greater personal wealth - and a stronger public reputation – than the former Mrs McCartney.
“I hope that lessons can be learned from previous high-profile divorces and the matter can be finalised without acrimony and away from the public eye."
Carole Atkinson, partner and family law expert at Mace & Jones, commented:
“The fact that Madonna did not arrange a pre-nuptial before her marriage to Guy Ritchie has surprised many people, especially given that pre-nuptials are common place in America.
"However, whilst pre-nuptials provide a guideline to courts in the UK, they are not binding in this country. The fact that Madonna and Guy Ritchie have children together may well negate any pre-nuptial that had been put in place.
"Whilst we can only speculate the true value of Madonna’s personal wealth, she is undoubtedly the wealthier partner.
"Courts do not take into consideration the sex of the parties and as the main breadwinner, the likelihood is that Madonna will have to make a settlement to Mr Ritchie.
"The fact that their marriage lasted for seven years will strengthen Mr Ritchie’s claim. Madonna will have to maintain Mr Ritchie’s lifestyle, providing him with a home for himself and their children and with an income to live on.
"One possible advantage for Madonna is that her children are still relatively young and it is likely they will live with her. She will therefore not have to pay Mr Ritchie child support.
"Dragging proceedings through the courts for many months will not reduce Mr Ritchie’s claim. If Mace & Jones were to advise Madonna, we would recommend that both parties enter into a collaborative agreement, which would ensure that the settlement is agreed in private.
"Furthermore , it is absolutely essential that both parties sign a non-disclosure agreement, which would prevent the media intrusion experienced by Paul McCartney.” ]]>