General Index 1997


A

Abortion, husband attempts to prevent wife from having operation, 786

African Caribbean and Asian Lawyers Group, annual conference report, 1539

Alternative dispute resolution, in the UK, 426

America, adversary system, 986

—censorship and the Internet, 1003

—criminal policy in Maryland, 1525

—Inns of Court, 838, 988

—law and order, 1001

—Olympic Park bombing, 1344

—sentencing, acquittals, 393

—social policy, modern-day slavery, 1842

—suing in cyberspace, 469

—television, legal dramas, 1845

—zero tolerance policy, 737, 825

American Bar Association, annual meeting to be held in San Francisco, 1179

—London conference, July, 211

Ancillary relief, review, 928, 1213

Appeals, Bridgewater Four appeal begins, 518, 591

Arbitration Act 1996, 261

Asylum, Providing Protection report published, 1018

—seekers, inadequate legal representation, 410

B

Bahl, Kamlesh, to stand for Vice President of Law Society, 1580

Banking law, shifting the risk to solicitors, 137

Bar, admission to NY State Bar, 1303

—AGM, chairman says CPS is underfunded, 910

—AGM, reject opening up elections, 910

—barrister sets up chambers from home, 7

—chairman’s warning on conditional fees, 1415

—Conference, Cherie Booth to chair, 1379

—report 1997, 1414

—Contingency Legal Aid Fund feasibility study suggested, 1303

—CPD made mandatory, 1143

—dining, rules to change, 388

—disciplinary proceedings conducted in private, 517

—Free Representation Unit celebrates 25th anniversary, 1683, 1804

—Hallett QC, Heather, new chairman, 1574

—initiative to cooperate with advice agencies, 1683

—Inns of Court, reform of, 1215

—Lesbian and Gay Group, conference, 591

—Lincoln Crawford, Chairman of Race Relations Committee, 154

—Michael Scott, appointed lay Complaints Commissioner, 82

—mock trial competition, 1719

—policy on equality and discrimination, 1402

—Pro Bono Award, 155

—profile of His Honour Alan King Hamilton QC, 1398

—Straw, Jack, announced keynote speaker at conference, 873

—vocational course at Manchester, 1230

—whether mandatory continuing legal education is of benefit, 1650

—will act on late return of briefs, 1839

Barristers, practice without clerks, 1039

British Legal Association, calls for split of Law Society’s functions, 554

—lodges formal complaint over REGIS, 211

Bugging, covert policing, regulatory problems under the Human Rights Convention, 1821

Building Societies, calculation of composite rate tax, European court decision, 1574

Business law, payment culture in the UK, 1340

Butterworths, All England Reporter web site launched, 1487

—OnLine company search service launched, 1230

—Student Web Site launched, 1338

C

Caterpillar Magazine, launched, 118, 388

Chancery Bar Association, Spring lecture, 590

Charities, Commission appoints new team of trustees for CLIC charity, 43

—Commission stops Hope Cancer Trust from fund-raising, 43

Children, fast tracking of abuse cases by the CPS, 1078

—forced contact, 374

—lack of protection for sexually abused victims, 376

—ordering a welfare report, 880

Civil Court, impact of higher fees on low income families, 1022

Civil justice, a community legal service, 1703

—criticisms of Woolf report, 1597

—disclosure, two opposing views, 1754

—fast track fixed costs, 1125

—fees increase, 42

—financial burdens placed on litigants, 750

—funding, Geoff Hoon replies to criticisms, 1611

—government proposals, 1543, 1717

—insurance companies’ role, 1537, 1559

—judgment in UK’s longest running hearing, 1302

—judicial case management, 353

—LCD consultation papers on clinical negligence cases and multi-party situations, 1646

—legal aid, insurance companies are willing to provide services, 1802

—small claims procedure, 570

—warning against delaying Woolf reforms, 875

—Woolf proposals to go ahead, 1575

Civil law, payment in, multi-party cases, 1450

Civil procedure, CCR Ord 17, r 11(9), Bannister v SGB Plc and others, 660

—risks in waiving privilege, 930

Civil rights, assembly on a public highway, 338

Civil Way column, 17, 49, 759, 818, 847, 919, 1350, 1391, 1424, 1459

Clangers in court column, 74

—pleading the unprovable, 434

Cloning, sheep, animal or product, 682

Commercial law, an "English Commercial Code", 335

—cheque rule extended to direct debits, 1316

Company law, shareholders and directors, precedents, 1778

—shareholders voting rights, 1463, 1621

—use of company name after liquidation, 103

Conditional fees, advantages for lawyers, 1784

—in commercial litigation, 1786

—Policy Studies Institute research, 1438

—to be extended by government, 1379

Confiscation orders, certificates of inadequacy, 997, 1029

Consumer law, Annual Report of the Director General of Fair Trading, 1178

—defective products, 1437

—genetically modified foods, 1578

Contract law, "pay when paid" clauses, 729

Conveyancing, abolishing gazumping, 1141

Copyright law, solicitors in breach, 250

Coroners, role of jury, 844

Corruption, Law Commission paper, 335

Costs, obtaining costs on discontinuance, 347

Court costs, guidance on rates recovered on taxation, 1211

Court fees, Lord Mackay, High Court defeat over removal of fee exemptions, 369, 388

Court of Appeal, "efficiency" and "speed" take priority over justice, 948

—recommends judgments on Internet, 627

Courts, delay in administration, 677

Credit cards, fraud, implications of Unfair Contract Terms Act, 1806

Crime, Labour government policy, 932, 1004, 1177

—NACRO, prevention more effective than prison, 1266

—parents of delinquent young people, 11, 68

—"Torso Killers" refused parole, 82

Crime Brief column, 136, 317, 527, 635, 795, 958, 1348, 1548, 1691, 1819

Criminal justice, "A Case for a Royal Commission on Crime and Punishment", 154

Criminal law, an international criminal court, 1231

—assault, non-contact, 1308

—Bills in Queen’s Speech, 749

—block contracts and public defenders, 1645

—burden of proof, 398

—child murder and paedophiles, 153

—corporate killing, Law Commission proposals, 1467

—corporate manslaughter, 1652

—Criminal Cases Review

Commission, 481, 482, 1023

—disclosure, rules impeding police investigations, 591

—fixed price contracting, threat to small practices, 1647, 1648

—Home Secretary orders inquiry into the death of Stephen Lawrence, 1179

—joint enterprise, 1666

—plea before venue procedure, 1396

—police cautioning inconsistent, 1178

—procedure, by-passing magistrates’ courts, 333

—Protection from Harassment Act, 983

—public defender system, 1017

—rape, decrease in number of convictions, 1377

—restraint orders, access to assets for legal fees, 120, 266

—right to trial by jury removed, 245

—rules of disclosure under Criminal Procedure and Investigations Act 1996, 885, 961

—self-defence, reasonable force after Hodgson, 1593

—withdrawal of right to jury trial, 1143

Criminal procedure, varying restraint orders, 356

Crown Prosecution Service, briefs returned late, 1837, 1839

—fast tracking of child abuse cases a success, 1078

—reorganisation into 42 areas, 786

—role of Chief Crown Prosecutor, 787

D

Damages, awards in negligent sterilisations, 1561

Data protection, current UK law, 1378

Debt, recovery in court inefficient, 1338

Defamation, new Act could restrict freedom of speech, 24

—public figure defence, 270

Disability, access to justice for deaf people, conference report, 947

—Deaf Legal Access group set up, 518

—Law Society Group for Solicitors with Disabilities conference, 6

—National Disability Council, 1164, 1218

Discrimination, Act 1164, 1218

—age of consent for homosexuals, 1320

—anti-discrimination policy in employment law, 1216

—bullying in the workplace, 1699

—call for an Equal Rights Act, 233

—race, in the Barristers’ profession, 1400, 1402

—representation and advice project, pro bono scheme set up, 1338

—UK law inadequate, 407

Doc Brief column, 15, 255, 343, 491, 605, 887, 1027, 1246, 1311, 1387, 1461, 1619, 1747, 1811

Drink driving, John Reeder, sentence reduced, 749

Drugs, Home Office research, "Tackling Local Drug Markets", 211

—legalisation, 1287

—Police Foundation inquiry, 1266

—testing in the workplace, 484

Duty Dog column, 362, 974, 1473, 1830

E

EC Brief column, 21, 227, 495, 853, 1034

EC law, UK settlement, spouses, 1094

Elections, Returning Officers’ duties, 25

Employment law, anti-discrimination law, 1216

—bullying in the workplace, 1699

—collective consultations, 596

—contract of employment, 1077

—drug testing in the workplace, 484

—duty to protect employee from racial harassment, 350

—employer sanctions in UK inconsistent with Community law, 773

—EU Directive on young employees, 247

—European employment law developments, 1162

—redundancy, affirmative action, 735

—restrictive covenants, 657

—transfer of undertakings, 1040

—trade unions and labour law, 1129

—TUPE, consequences of transfers, 493

—unfair dismissal, 1251

Environment, company shareholders’ liabilities, 1540

—genetically modified foods, 1578

—leisure parks, 316

—negligent damage caused by tree roots, 1418

Equal opportunities, annual report, 947

—male and female solicitors, 1019

Equal pay, discrimination against women in legal profession, 568

Equal rights, Act to prevent discrimination, 233

Ethnic minorities, practitioners, directory of, 1091

EU and World Trade Brief column, 1591, 1725, 1853

EU law, Directive on employment of young people, 247

—Plain English in interpretation, 576

—social policy, Treaty of Amsterdam, 1158

European Court of Justice, judgments on Internet, 1574

Evidence, Civil Evidence Act 1995, 226

—inferences from silence, vulnerable defendants, 842, 897

—judge’s duty to make a decision, 1384

—maximising disclosure, 885, 961, 1063

—shredding police files, 336

—videos, 502

—witness statements, tape recording, 855, 894

Expert Witness Supplement, 163, 637, 1101, 1727

Expert witnesses, restraint in use of, 876

—training and experience, 1718

F

Family law, ancillary relief pilot scheme, 415

—Chairman of charity loses application to appear in county court, 6

—exclusion requirements, 1701

—family mediation pilot, 1415

—franchising family mediation services, 265

—guidelines, ordering a welfare report, 880

—inequality between cohabitation and marriage, 608

—legal aid, charge on pension lump sum, 415

—legal aid fees, practice note, 1726

—parents’ responsibility for delinquent young people, 11

—SFLA concern over increase in court fees, 335

—unmarried, infertile man, 196

Family Practice Column, 54, 225, 379, 535, 723, 889, 1073, 1239, 1393, 1556, 1775

Financial law, Building Societies (Distribution) Act 1997, 694

—pensions as assets in bankruptcy cases, 505, 542

Franchising, family mediation services, 265

Fraud, credit cards, Unfair Contract Terms Act, 1806

—government proposals for alternative to jury trials, 1487

—history of law relating to, 321

Free Representation Unit, recycling redundant computers, 119

Freedom of speech, regulation of prisoners’ correspondence, 252

—warning over new Defamation Act, 24

Freemasonry, judges, magistrates and police officers should disclose membership, 63, 441

G

Germany, Rechstanwalt examinations, 246

Guardian, legal correspondent wins Bar Council award, 1415

H

Harassment, Protection from Harassment Act 1997, 483

Hearsay, Civil Evidence Act 1995, 701

—documentary, extension of rules in the Criminal Procedure and Investigations Act 1996, 792, 860

—Law Commission recommendations, 910

HIV/AIDS, sufferers have difficulty in finding a solicitor, 6

Hodge, Henry, appointed a Recorder, 483

Holland, Tony, appointed Principal Ombudsman to the Personal Investment Authority, 211

Homosexuality, discrimination, ex p Perkins, 538

Hong Kong, chaos in the legal system, 1056

—Lord Chancellor to visit, 1267

Housing law, refusal of transfer application, 1147

Human rights, A Dollar a Lawyer campaign launch, 553

—abuses in Kenya, 1302

—arranged marriages, 839

—Awards, winners, Lord Lester and Stonewall, 1838

—Bill, 3817

—Convention on the Internet, 1423

—death of lawyer SK Ndungi, 1055

—Egyptian lawyers under attack, 1266

—Eren Keskin, activist, visits Lincoln’s Inn, 442

—establishment of a permanent International Criminal Court, 1825

—gay equality, 1803

—Halford, Alison complaint upheld by European court, 952

—Holocaust denial, 466

—in Bosnia, 119

—in Nigeria, 713

—incorporation of Convention, 950, 991

—Kenya, IBA report, 838

—Labour party proposals, 284

—law update, 467

—Lawyers for Liberty launched, 555

—Lord Chief Justice welcomes Convention, 1451

—Parliamentary briefing, 1610

—proposals for incorporation of the Convention, 1595

—regulatory problems of covert policing, 1821

—role of external observers in Germany’s International Independent Commission, 1322

—role of the Judicial Committee of the Privy Council, 858

—UK Bill of Rights, 1018

I

Immigration law, UK settlement for EC spouses, 1094

India, rule of law, 1249

Information technology, special issue, 445

Inns of Court, America, 838

Insolvency, assignment of causes, 1693

Intellectual property, spirit mediums, 969

International Bar Association, delegation to Pakistan, 1575

—Human Rights Group, Jonathan Lux raises funds, 519

—President’s letter to Kenyan Attorney General, 1055

International law, a permanent Criminal Court, 1231, 1825

—Hong Kong’s right to self-determination, 560

International Wages for Housework Campaign and Women Against Rape, meeting on law and order, 1142

Internet, censorship in America, 1003

—copyright and freedom of information, 965

—Convention on Human Rights information site, 1423

—copyright and intellectual property implications, 1574

—Court of Appeal recommends immediate access to judgments, 627

—European Court of Justice, judgments on website, 1574

—libel, defence for service providers, 1633

Irvine, of Lairg, Lord, sworn in as Lord Chancellor, 678

Islamic law, an introduction, 893

J

Judicial Review, decisions of the Press Complaints Commission, 8

Judiciary, appointments, ethnic minorities to apply, 1766

—case management, 539

—character of judges, 1380

—district judges’ annual dinner, 482

—independence, 699

—Judicial Studies Board, report published, 1803

—Lord Chancellor’s press conference, selected journalists only invited, 873

—Penry-Davey, David, appointed Justice of the High Court, 1683

—sentencing remarks, guidelines issued, 442

—system of appointments, 520

Juries, call for reform of the system, 1839

—invitation not to retire, 1182

—one juror’s experience, 1857

—pre-trial publicity, 1089

—should give reasons for verdict, 1454

—two female jurors sent to prison for contempt, 442

Justice, 40 year anniversary reception, 952

Juveniles, crime policy, 771

K

Kenya, human rights, IBA report, 838

Koestler Awards Exhibition, 1378

L

Land law, chattels and fixtures, 1031

—proprietary interest, Canary Wharf, 914

—variation of land contracts, 219

Landlord and tenant, badly constructed premises, repairs, 420

—break notices, 1187

—non-derogation from grant, 93

—performance of covenants, 499

—premature possession, 1471

—"subject to formal licence" and "subject to contract", 1347

—supermarket opening hours, 1281

Land Registry, direct access service, 1179

—new fees announced, 1451

Lands Tribunal, direct professional access to counsel in the lands tribunal, 135

—information sheet, 260

—pre-trial review, expert evidence, 191

—procedures in the Lands Tribunal, practice direction, 53

—The Listing System, 98

Law Commission, definition of "consent", 840

—government takes too long to implement recommendations, 407

Law Society, advance warning list of the Solicitors’ Disciplinary Tribunal to be published, 118

—AGM, continuing debacle over Solicitors Indemnity Fund shortfall, 1090

—Bahl, Kamlesh, to stand for Vice President, 1580

—Baker, Simon, resigns, 1019

—BLA lodges formal complaint over REGIS, 211

—bureaucracies, reform of, 1612

—call for independent audit, 627

—Client Care and Costs Information Code, 370

—cost of default down, 590

—Council meeting, Practice Rule 11, 1487

—Dear Mum and Dad, 909

—disciplinary procedures, 209

—discusses property shops for solicitors, 81

—draft guidelines on disclosure rules for Council staff, 118

—elections, 946, 981, 1053, 1054

—first Council meeting of 1997, 118

—Group for Solicitors with Disabilities, conference, Liverpool, 6

—High Street Starter Kit packs delayed, 82, 156, 371

—inadequacy of self-regulation, 951

—Indemnity Insurance Review Group, 750

—Investigation Accountancy section staff on strike, 590

—leaked committee minutes, 982

—McIntosh denies standing for President, 282

—Mears and Sayer at odds, 442

—Mears responds to dirty tricks campaign, 954

—Mears’ team manifesto, 911

—Minority Lawyers’ Conference, 1766

—open to public, open house day organised by English National Heritage, 1339

—President criticises the press, 1089

—problems over Law Society Services Ltd, 371

—property centres by the end of 1997, 1178

—proposed designated seat for women and legal aid, 590, 874

—running of finances, 41, 44

—Sayer accuses Mears of manipulating the press, 946

—Sayer joins forces with Sycamore and Mathews, 283, 518, 875, 879

—Sayer to join Sycamore and Matthews, 334, 335, 878

—secrecy, policy and planning report released to Gazette, 837

—Sycamore’s manifesto, 953

—visit from Pru Leith, 1267

—who should run the Society? 589

—working party on Indemnity Fund and Compensation Fund, 154

Legal Action Group, Anniversary party, 1143

—annual report, 982

—conference report, 1546

—report, Justice: Redressing the Balance, 1492

Legal Aid, Bar suggests feasibility study on Contingency Legal Aid Fund, 1303

—block contracting of Green Form work project criticised, 590, 983

—Board, quarrel with law firm Aurangzeb Iqbal & Co, 1767

—calculating net legal aid expenditure, 1092

—civil, taxation and costs, 1625

—conditional fees, consultation paper and business plan to be launched, 1683

—eligibility rates, 461

—expenditure, compared to other government budgets, 1573

—fast track and fixed costs in civil legal aid, 1125

—funding, insurance companies should be approached, 1537

—government proposals, Geoff Hoon replies to criticisms, 1611

—Green Form scheme, 42, 155

—Labour’s policies, 680

—Liberal Democrats criticise government erosion of funds, 443

—Lord Chancellor, comment on "fat cats", 1053

—multi-party actions, 1451

—non-matrimonial, replaced by conditional fee arrangements, 1838

—reform in criminal cases, 1413

—standard fees, 1124

—withdrawal from general damages claims, 1610

Legal education, Bar to order CPD, 1143

—Bar Vocational Course, 1230, 1574

—EU Law Course at Southampton Institute, 1230

—Law Society research, 1143

—new distance learning masters degree in European law, 42

—problems for trainees, 48

—training for lawyers, 67

—University of Prague win mooting contest, 750

Legal Executives, discrimination by solicitors, 1523

—Institute, female President, Patricia Dilley, 1090

Legal procedure, strict definition of time limits, 1849

Legal Services Ombudsman, Ann Abraham appointed to post, 1179

Legal training, admission to NY State Bar, 1303

—full qualification for paralegals, 785

—Law Society grant to provide training for lawyers, 1266

—minimum salaries, 876

—UK lawyers visit Kzakhstan, 1303

Libel, defamation, Mapp v News Group Newspapers, 572

—Internet, defence for service providers, 1633

—negligence in libel law, 1684

—reform of law, 1038

—reform needed in light of McLibel and Aitken, 945

—UN official is sued, 82

Liberty, conference, law, order and human rights, 714, 839

Licensing, liquor, reform of, 1722

Litigants in person, Conrad Burnham wins case against SCB, 406

—John Collins, 715

Litigation, costs on discontinuance, 1127, 1326

—fault/no fault compensation, 26

—injunction proceedings against paedophiles, 1075

—myth of a more litigious society, 1058

—personal injury, late service of witness statements, 385

—scope of privilege, 1655

—striking out, review of principles, 263

—summary judgments, set offs, 1122

—third party costs, 1465, 1521, 1554

Local authorities, statutory obligations, 1469

Lord Chancellor, compares himself to Cardinal Wolsey, 1765

M

Magistrates, Chief Metropolitan Magistrate, 1161

—lay magistracy not to be abolished, 1096

—political and social backgrounds of lay magistrates, 1485

Mareva, injunctions in foreign proceedings, 1234

Maritime law, salvage and "special compensation", 718

Matrimonial law, implications of Dart, 96

McLibel, verdict, approximate date given, 518

Mears, Martin, guidelines to Law Society staff, 211, 838

Media, bias, coverage of high profile cases, 963

—broadcasters accused of excluding Alex Salmond MP from TV debates, 528

Medical negligence, Woolf urges case reform, 751

Medico-legal, assisted dying, 610

—Caesareans, obstetric intervention, checklist for lawyers, 752

—cloning and the Human Fertilisation and Embryology Act 1990, 428

—experts warning to Lord Woolf, 1055

—liability of psychiatrists, 558

—negligent sterilisations, 1561

—Psychological Syndrome Evidence, 876

—withdrawal of life support, declaration of life and death, 1389, 1432

—xenotransplantation, 139

Mental illness, London survey, 83

—sentencing disordered offenders, 1313

Military law, courts-martial, comment on Findlay, 405

—legislation, 1614

Mills, Barbara, New Year’s Honours List, 6

Miscarriages of justice, Active Defence guidelines published, 482

—Bridgewater Three released, 281, 282

Mortgages, independent advice from a solicitor following Barclays Bank v O’Brien, 726, 767

—possession proceedings, 459

—solicitor’s disclosure to a mortgagee, 967

N

Nadir, Asil, may return to England, 837

National Canine Defence League Conference, 124

National Insurance, Class 2 liabilities, 1456

Negligence, culpability of employers, 1266

—damage caused by tree roots, 1418

—fire authorities’ duty of care, 790

—in situations of war, 46, 104

Nervous shock, rescuers and employees as primary victims, 158

Nigeria, human rights abuses, 713

NLJ, Digest and Student Focus, 55, 129, 221, 291, 381, 529, 601, 689, 761, 849, 921, 993, 1065, 1153, 1241, 1277, 1351, 1425, 1495, 1585, 1657, 1813

—illustrators, exhibition of work, 1647

—special student issue, 1338

—wills and trusts special issue, 1549

North Eastern Circuit, presiding judges, listing of High Court (Queen’s Bench) trials, 257

O

Office for the Supervision of Solicitors, claims be independent, 1801,

—client care workshops, 1414

—Council told of continuing problems, 1091

—Director on training course to America, 875

—inadequate procedure, 951

—responsibility of the Law Society, 1544

—still closely linked to the Solicitors Complaints Bureau, 1770

—to take new approach, 1802

—too closely linked to the Law Society, 1229

—warning on bank frauds, 1378

Official Solicitor, duties of, 6

Ombudsman, annual report, 947

Out of Court, A sole arbitrator, 1254

—Golden Christmas, 1862

P

Paedophiles, injunction proceedings, 1075

Patents, automated enquiry service, 247

—fees for examinations to be halved, 43

Pension schemes, appointment of professional advisors,

—disputes resolution procedure, 497

Pensions law, assets in bankruptcy cases, 505, 542

—Compensation Board launched, 518

—role of solicitors in providing "health checks", 268

Personal injuries, Law Commission recommendations, 1338

—payouts likely to increase, 1803

—recoupment of NHS medical treatment costs, 663

Plain English, EU, reform of traditional method of interpretation, 576

Planning law, leisure parks, 316

—planning permission, 678

Pleas, "superior orders", 720

Police, Bill, amendments welcomed, 82, 210

—bugging and entry provisions, 41

complaints, damages settlements, 287

—cautioning policy inconsistent, 1178

—corruption, 1141, 1180, 1449

—officers should reveal membership of organisations, 63

—privilege and the Police Bill, 391

—review of 40 years, 754, 823

Postscript, A few kind words and a loaded gun, 202

—A "Peer"iod piece, 1674

—An awfully shy wee fellow, 670

—At the Horns Tavern, Kennington, 1258

—Chapman versus the Jockey Club, 110

—Death of a Welsh wizardess, 1530

—Death of the "lie detector"? 1134

—Dr Ivy Williams, 546

—Edgar Wallace, 582

—Fatal charm of Tamzen Parsons, 1010

—First faltering steps, 1370

—Goliath comes to Colchester, 326

—Grand sergeanty, 34

—In the Prosecutor’s chair, 706

—It was the butler who did it, 1294

—Ivan the Terrible’s police academy, 1478

—John Philpot Curran, 1082

—Justice William J Brennan Jr, 1326

—Last rights, Brian Hilliard, 1566

—Legend of Ireland’s eye, 778

—Libel risk, 742

—Mayflower murderer, 1758

—Mr Furnace’s Yuletide blaze, 1866

—Mr Kazmaier has his day in court, 430

—Much ado about Crippen, 830

—Murder at the opera, 238

—Murder by prediction, 1710

—Murder: the Browning version, 274

—Of pricking and burning witches, 1602

—Offensive, yes—but an offence? 1442

—On the eve of battle, 902

—Peter Thelluson’s will, 1046

—Scandal without parallel, 1170

—The rector and the Daniel syndrome, 510

—The writer’s finger prints, 146

—wartime tragedy, 1638

—What the witness believes, 1794

—Who Dun IT? 938

—Who will be the next Prison Laureate? 1406

Powell-Smith, Vincent, obituary, 816

Practice Direction, Queen’s Bench Masters’ Practice Form No 183, 1315

Practice Note, Bear Garden appointment, 1460

—Lodgment of papers, 1210

Practice, Alternative Dispute Resolution, 1686, 1789

—conflict of interest on mergers, 86, 141

—in-house scientists, 1752

—litigation, late service, 192

Predictions, for 1997, 5

Press Complaints, judicial review of PCC decisions, 8

Press freedom and privacy, after the death of Diana, Princess of Wales, 1265

—disclosure, English law and the European Convention on Human Rights, 1306

—pre-trial publicity, 1089

—redress under Human Rights

Convention, "back door privacy law", 1681

Principal Registry of the Family Division, ancillary relief procedure, President’s direction, 1211

—long vacation practice direction, 1210

Prisoners, regulation of correspondence, 252

Prisons, Douglas Hurd chairs Prison Reform Trust, 83

—inquiry into conditions of top security prisoners, 1230

—life and conditions, 1289

—policy for juvenile offenders, 771

—women prisoners, 424

Privacy, judge-made laws, 1631

—redress under the Human Rights Convention, 1681

—under English law, 1337

Probate, Association of Contentious and Probate Specialists forum, 1303

Profession, accountability and self-regulation, 422

—awards for top achievers, 1230

—barristers and American attorneys, differences, 320

—barristers’ chambers without clerks, 1039

—Careers Advice Network launched, 678, 714

—corruption and legal ethics, 891

—duty of confidentiality, 30

—ethnic minority practitioners, directory of, 1091

—lawyer personalities, 523

—legal ethics, 1268

—lifestyle of a corporate lawyer, 1855

—organisations fail lawyers, 612

—public expenditure on lawyers, 630

—setting up chambers from home, 7

Professional negligence, liability of professional partnerships, 231

Profile, Solicitor Advocate, John Mackenzie, 574

Property law, adverse possession, 1662

—elderly, home as an asset, 1583

—property centres, 1342, 1178, 1184, 1838

—retirement homes, 765

—title registration, 925

R

Race, Commission for Racial Equality seeks six new commissioners, 1267

—discrimination at the Bar, 1400

—discrimination in the solicitors’ profession, 1271

Racial harassment, employer’s duty to protect employees, 350

Racism, Stephen Lawrence inquiry, 1179

Rape, and the Criminal Justice System, conference report, 912

—legal definition of consent, 1616

—level of bias in the legal process, 1668

—WAR, reject Law Commission definition of "consent", 840

Religion, Creationists and Scientists, 1002

Right to silence, Labour government policy, 1382, 1434

Rights of audience, CPS lawyers not given full rights, 1395

—extended for Legal Executives, 1682

—for employed barristers and solicitors, 334

—in higher courts for solicitors, 283

—solicitor advocates in higher courts, 212

S

Sayer, Bob, to stand for president, 246

Scotland, lawyers gear up for devolution, 715, 1142, 1339

—public defender system, 1415, 1629

—solicitors compete for business with estate agents, 627

Self-regulation, for solicitors should be abolished, 554

Sentencing, community penalties, 1159

—Crime (Sentencing) Bill, 117, 119, 1070

—drink driving case, John Reeder, 749

—electronic tagging extended, 6

—for mentally disordered offenders, 1313

—importance of counselling, 84

—judges’ remarks, guidelines issued, 442

—lack of public confidence in community penalties, 1682

—patterns in custodial sentencing, 99

Sexual offences, reconvictions, the Sex Offenders Act 1997, 1285, 1324

Shareholders, environmental liabilities and responsibilities, 1540

Social security, disability living allowance, provision of interpreter for deaf person, 785

Solicitors, Accountant’s Report Rules 1991, 1253

—Annual Conference 1997 in Cardiff, 1301, 1303, 1486, 1538

—CASIA, (Complaints Against Solicitors Action For Independent Adjudication), 1022

—comments to media, 678

—complaints, referral to the Legal Services Ombudsman, 1490

—discrimination against legal executives, 1523

—early day motion calls for abolition of self-regulation, 554

—Group for Solicitors with

Disabilities Conference, 210

—in breach of copyright, 250

—Indemnity Fund, shortfall, 873, 874, 1018

—inequality of pay and conditions between male and female, 1019

—Keeping Clients handbook, 1018

—Law Society research into practices, 1610

—Law Society survey, 42

—Office for the Supervision of Solicitors, Peter Ross, 247

—privacy of conversation with clients, 1765

—Pro Bono Group first director, Peta Sweet, 1090

—Property Centres, 1090, 1184, 1342,

—race discrimination, in the profession, 1271

—rights of audience in higher courts, 283

—SIF inquiries, 1487

—Solcare helpline launch, 714

—warning on self regulation, 1302

Sport law, update, 101

Supreme Court Taxing Office, payment of taxing fees, 258

T

Tax, inheritance, procedure for payment, 265

Taxing Matters column, 91, 417, 731, 1036, 1151, 1519, 1781

Taylor, Lord, obituary, 626

—remembrance service, 982

Technology, computer crime, 445

—digital contracts, 446

—Microsoft, Office ’97, 464

—millennium meltdown, 452

—palmtops, 133

—use in marketing, 659

—use of computers to commit fraud, 566

—user’s guide, 345

Theft, trade secrets, Law Commission proposals, 1719

Timeshares, review of regulations, 594

Trade marks, Elvis Presley cannot be registered, 406, 540

Trainee solicitors, minimum salary, 487, 554, 590

Transsexuals, change of birth certificate, Stephen Whittle, 628

Treasury, appointment of Philip Sales, 1719

Trials, media coverage and public access, 1609

Trust law, Committee, paper on rights of creditors, 678

Trustees, powers and duties, 982

V

VAT, threat to institutional investors, 97

Victim Support, fund-raising event, 678

—groups invited to report to Home Office, 246

—intimidation of witnesses, 1719

—warning over "restorative justice", 1767

Video conferencing, Queen’s Bench Masters’ pilot scheme extended, 1303

W

War crimes, justification for trials, 81

West, Frederick, investigation into role of Official Solicitor, 6

Wills, conditional, 128

—DIY, 1486

—living wills, 1230, 1823

—Mind publishes guide, 1574

Witnesses, child, video tape for guidance, 154

—cognitive interviewing technique, 1705

—Trials Issues Group, measures to protect witnesses and victims, 407

Women, celebration of the 75th anniversary of the first woman solicitor, 1804

—discrimination over pay in legal profession, 568

—gender bias in the courts, 537

—growing prison population, 424

—Woman Lawyer Conference 1997, 517, 555

Wood, Peggy, loses case in Europe, 1267

Woolf proposals, case management, 625

—Will Woolf wither on the vine? 618

—Zander responds, 768

Writs, access to boxes restricted, 1450

Z

Zander, Michael, appointed Queen’s Counsel, honoris causa, 483


Law Reports 1997

ADMIRALTY—Jurisdiction—Foreign proceedings in personam—Whether English proceedings in rem barred, The Indian Endurance (No 2); Republic of India and another v India Steamship Co Ltd, 1581

ADOPTION—Freeing order—Power to revoke conditionally, Re G (a minor) (Adoption: Freeing Order), 721

ASSAULT—Bodily harm—Telephone call, R v Ireland; R v Burstow, 1273

ASSIGNMENT—Cause of action—Whether assignment to obtain legal aid void, Norglen Ltd (in liq) v Reed Rains Prudential Ltd and others; Circuit Systems Ltd (in liq) and another v Zuken-Redac (UK) Ltd (formerly Racal-Redac (UK) Ltd), 1773

BARRISTER—Immunity from suit—Settlements, Kelley v Corston, 1276

COMMITTAL ORDER—Procedural irregularity, Nicholls v Nicholls, 61

COMMUNITY LAW—Incompatibility of domestic law—Private rights of parties, Secretary of State for Employment v Seymour and another, 414

COMPANY—Winding-up—Sum due in character of member—Shareholder claiming damages for misrepresentation inducing purchase of shares, Soden and another v British and Commonwealth Holdings plc and others, 1546

CONFLICT OF LAWS—Interest rate swap agreement—Whether restitutionary claim a matter "relating to a contract", Kleinwort Benson Ltd v Glasgow City Council, 1617

CONSTITUTIONAL LAW—Access to courts—Court fees, R v Lord Chancellor, ex p Witham, 378

CONTEMPT OF COURT—Notice to quit by joint tenant—Joint tenant restrained from excluding co-tenant from house, Harrow London BC v Johnstone, 413

—trivial or technical breach, Attorney General v Newspaper Publishing plc and others, 757

COSTS—Acts or omissions before proceedings commenced—Effect of acceptance of sum paid into court, Burrows v Vauxhall Motors Ltd; Mongiardi v IBC Vehicles, 1723

—payment into court—effect of obligation to repay social security benefits, McCaffery v Datta and others, 13

COUNTY COURT—Automatic directions—Clarification of Bannister—Leave to appeal out of time—Subsequent change in law, Greig Middleton & Co Ltd v Denderowicz; Olaleye-Oruene v London Guildhall University and related appeals, 1097

—Automatic directions—Guidelines, Bannister v SGB plc and others and related appeals, 685

—Reinstatement, Romano v Croydon London BC, 884

COURT OF APPEAL—Power to substitute verdict—Guilty plea, R v Horsman, 1026

CRIMINAL EVIDENCE—Disclosure by the prosecution—Material relevant to credibility of defence witness, R v Brown, 1149

—Documents created in criminal investigations—Limit to use, Taylor and another v Serious Fraud Office and others, 1309

CRIMINAL LAW—Murder—provocation—Direction to jury, R v Acott, 290

DAMAGE—Incapacity pension—Whether deduction should be made, Longden v British Coal Corp, 1774

DAMAGES—Employee—Employer’s breach of implied trust and confidence term, Malik and another v Bank of Credit and Commerce International SA (in compulsory liquidation), 917

—Unlawful conduct by police—Guidelines, Commissioner of Police for the Metropolis v Thompson; Hsu v Commissioner of Police for the Metropolis, 341

DEFAMATION—Whether words complained of capable of bearing defamatory meaning, Mapp v News Group Newspapers Ltd and related applications, 562

DETENTION—Access to solicitor—Suspected terrorist—Common law right to access during police interviews, R v Chief Constable of the Royal Ulster Constabulary, ex p Begley; R v McWilliams, 1545

DISCLOSURE—Journalist—Revealing identity of source, Camelot Group plc v Centaur Communications Ltd, 1618

—Police—Information about paedophiles, R v Chief Constable for the North Wales Police Area Authority and others, ex p AB and another, 1061

—Privilege—Confidential communications to Parole Board, Daniels v Griffiths, 1809

DRUG TRAFFICKING—Agreed confiscation order—Whether defendant precluded from appealing against order, R v Emmett and another, 1690

DUTY OF CARE—Coastguard, OLL Ltd v Secretary of State for Transport, 1099

—Fire brigade, Capital and Counties plc v Hampshire CC and other appeals, 599

—Local education authority—Dyslexic pupil, Phelps v Hillingdon London BC, 1421

EMPLOYMENT PROTECTION—Transfer of undertaking, Betts v Brintel Helicopters Ltd (trading as British International Helicopters) and another, 561

EVIDENCE—Duty to disclose, Vernon v Bosley (No 3), 89

EXTENSION OF TIME—No explanation for delay—Whether prejudice material consideration, Finnegan v Parkside Health Authority, 1724

EXTRADITION—China—Whether unjust or oppressive, R v Home Secretary, ex p Launder, 793

—Evidence of computer print-outs—Admissibility, Re Levin, 990

—Procedure—Whether Home Secretary and committal court limited to crimes included in indictment, R v Secretary of State for the Home Department, ex p Hill, 525

FAMILY LAW—Jurisdiction of court—Habitual residence, Re S (a minor), 1310

FINANCIAL SERVICES—Statutory compensation scheme—Whether investors validly assigning claims, Investors Compensation Scheme Ltd v West Bromwich Building Society and others, 989

FRAUD—Bribery of employee—Employer’s duty to investigate, Corporacion Nacional Del Cobre de Chile v Sogemin Metals Ltd and others, 161

FREEDOM OF COMMUNICATION—Radio—Ban on political advertising, R v Radio Authority, ex parte Bull and another, 489

HEARSAY—Co-defendant’s confession—Admissibility, R v Myers, 1237

HUMAN FERTILISATION—Consent—Sperm taken from man in coma, R v Human Fertilisation and Embryology Authority, ex p Blood, 253

INSURANCE—Professional indemnity insurance—Multiple claim or single claim, Haydon v Lo & Lo (a firm) and another, 125

JOINT ENTERPRISE—Murder—Foreseeability, R v Powell and another; R v English, 1654

JUDICIAL REVIEW—Parliamentary Commissioner—Whether commissioner’s decision renewable, R v Parliamentary Commissioner for Standards, ex p Al Fayed, 1689

LAND—Bungalow—Whether part of land or chattel, Elitestone Ltd v Morris and another, 721

LEASE—Forfeiture—Relief, Maryland Estates Ltd v Joseph and another, 1386

—Notice to determine wrongly stating date of termination—Whether effective, Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd, 846

LIQUIDATION—Set-off—Deposit made by third parties, Re Bank of Credit and Commercie International SA (No 8), 1653

LOCAL AUTHORITY—Community care—Whether costs and resources relevant in assessing needs of sick, R v Gloucestershire CC and another, ex p Barry and related appeal, 453

MANDATORY LIFE SENTENCE—Tariff period—Whether Home Secretary entitled to increase tariff retrospectively, Pierson v Secretary of State for the Home Office, 1238

MANSLAUGHTER—Foetus, Attorney General’s Reference (No 3 of 1994), 1185

MATRIMONIAL PROCEEDINGS—Convenient forum, Butler v Butler, 525

MEDICAL TREATMENT—Legality of treatment without consent, Re MB (Caesarean Section), 600

MORTGAGE—Undue influence—Husband and wife, Dunbar Bank plc v Nadeem, 217

NUISANCE—Highway authority—Property in roadside tree, Hurst and another v Hampshire County Council, 1025

—Interference with television reception—Whether actionable—Whether necessary to have an interest in property, Hunter and others v Canary Wharf Ltd; Hunter and others v London Docklands Development Corp, 634

PASSING OFF—Trade mark infringement—Registration of domain name, British Telecommunications plc and another v One in a Million and others, 1809

PAYMENT INTO COURT—Withdrawal out of time, Braben v Emap Images Ltd, 14

PLANNING PERMISSION—Council granting application after refusing it twice—Whether decision unreasonable, R v East Hertfordshire DC, ex p Beckman, 1185

PROCEDURE—Striking out—Court’s powers, Grovit and others v Doctor and others, 633

PROFESSIONAL NEGLIGENCE—Solicitors and counsel practising in specialised field—Duty to exercise reasonable skill and care, Matrix Securities Ltd v Theodore Goddard (a firm) and another, 1847

PROTECTED TENANT—Succession rights—Homosexual partner, Fitzpatrick v Sterling Housing Association Ltd, 1275

PUBLIC ORDER—Trespassory assembly—Public highway, DPP v Jones and another, 162

RACIAL DISCRIMINATION—Employer’s liability, Jones v Tower Boot Co Ltd, 60

REFUGEE—Asylum—Safe haven in country of nationality, R v Secretary of State for the Home Dept and another, ex p Robinson, 1345

RESTRICTIVE TRADE PRACTICE—Registration—Agreement to supply goods, MD Foods plc (formerly Associated Dairies Ltd) v Baines and others, 377

ROAD TRAFFIC—Breath test—Breathalyser device—inaccuracy of device, DPP v McKeown; DPP v Jones, 289

SENTENCE—Counts not admitted nor requested to be taken into account—Whether court entitled to take into account when passing sentence, R v Kidd; R v Canavan; R v Shaw, 1457

—Credit for time spent on remand, R v Governer of Haverigg Prison, ex p McMahon, 1458

—Mandatory life sentence—Release, R v Secretary of State for the Home Department, ex p Stafford, 1494

SENTENCING—Children detained during Her Majesty’s pleasure—Legality of applying practice for adult mandatory life sentences, R v Secretary of State for the Home Dept, ex p Venables; R v Secretary of State for the Home Dept, ex p Thompson, 955

SHIPPING—Salvage—Special compensation for preventing or minimising damage to environment—Expenses, Semco Salvage and Marine Pte Ltd v Lancer Navigation Co Ltd, 218

SOCIAL SECURITY—Accommodation—Whether local authority entitled to take account of resources in assessing need, R v Sefton Metropolitan BC, ex p Help the Aged and others, 490

—Attendance allowance—Incontinence—Social security—disability living allowance—Deaf person, Cockburn v Chief Adjudication Officer; Secretary of State for Social Security v Fairey, 794

—Income support—Part-time student, Chief Adjudication officer v Webber, 1274

SOLICITOR—Authority to act for client—Liability for costs, Nelson v Nelson and others, 126

—Conveyance—Duty to advise of tax implications, Hurlingham Estates Ltd v Wilde & Partners, 453

—Default—Compensation—Victim’s imprudence, R v Law Society, ex p Ingman Foods AB, 254

SPECIFIC PERFORMANCE—Tenant’s covenant to carry on business, Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd, 845

STAY OF PROCEEDINGS—Forum non conveniens—Whether legal aid a relevant factor, Connelly v RTZ Corp plc and another, 1346

TAX AVOIDANCE—Transfer of assests abroad—Offshore premium bonds, Inland Revenue Commissioners v Willoughby and related appeal, 1062

TAXATION—Solicitor’s bill—Application 12 months after bill—Special circumstances, Riley v Dibb Lupton Alsop (a firm), 1422

TENANCY—Grantor without title, Bruton v London and Quadrant Housing Trust, 1385

TOWN AND COUNTRY PLANNING—Listed building—Alteration works—Demolition of part of listed building—Refusal of consent—Compensation, Shimizu (UK) Ltd v Westminster City C, 218

TOWN PLANNING—Enforcement notice—Validity, R v Wicks, 883

TRANSFER OF UNDERTAKING—Dismissal before transfer—Whether lawful, Wilson and others v St Helens BC; Sanders and another v St Helens BC; Meade v British Fuels Ltd; Baxendale v British Fuels Ltd, 1150

UNFAIR DISMISSAL—Compensation—Reduction for contributory fault, Tracey and others v Crosville Wales Ltd, 1582

WILLS—Doctrine of mutual wills, Goodchild and another v Goodchild, 758

YOUNG OFFENDERS—Detention—Adult prison policy—Whether unlawful, R v Accrington Youth Court and others, ex p Flood, 1493


Case Names 1997

Attorney General v Newspaper Publishing plc and others, 757

Attorney General’s Reference (No 3 of 1994), 1185

Bannister v SGB plc and others and related appeals, 685

Betts v Brintel Helicopters Ltd (trading as British International Helicopters) and another, 561

Braben v Emap Images Ltd, 14

British Telecommunications plc and another v One in a Million and others, 1809

Bruton v London and Quadrant Housing Trust, 1385

Burrows v Vauxhall Motors Ltd; Mongiardi v IBC Vehicles, 1723

Butler v Butler, 525

Camelot Group plc v Centaur Communications Ltd, 1618

Capital and Counties plc v Hampshire CC and other appeals, 599

Chief Adjudication Officer v Webber, 1274

Cockburn v Chief Adjudication Officer, 794

Commissioner of Police for the Metropolis v Thompson; Hsu v Commissioner of Police for the Metropolis, 341

Connelly v RTZ Corp plc and another, 1346

Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd, 845

Corporacion Nacional Del Cobre de Chile v Sogemin Metals Ltd and others, 161

Daniels v Griffiths, 1809

DPP v Jones and another, 162

DPP v McKeown, 289

Dunbar Bank plc v Nadeem, 217

Elitestone Ltd v Morris and another, 721

Finnegan v Parkside Health Authority, 1724

Fitzpatrick v Sterling Housing Association Ltd, 1275

Goodchild and another v Goodchild, 758

Greig Middleton & Co Ltd v Denderowicz; Olaleye-Oruene v London Guildhall University and related appeals, 1097

Grovit and others v Doctor and others, 633

Harrow London BC v Johnstone, 413

Haydon v Lo & Lo (a firm) and another, 125

Hunter and others v Canary Wharf Ltd; Hunter and others v London Docklands Development Corp, 634

Hurlingham Estates Ltd v Wilde & Partners, 453

Hurst and another v Hampshire County Council, 1025

Indian Endurance (No 2); Republic of India and another v India Steamship Co Ltd, 1581

Inland Revenue Commissioners v Willoughby and related appeal, 1062

Investors Compensation Scheme Ltd v West Bromwich Building Society and others, 989

Jones v Tower Boot Co Ltd, 60

Kleinwort Benson Ltd v Glasgow City Council, 1617

Longden v British Coal Corp, 1774

Malik and another v Bank of Credit and Commerce International SA (in compulsory liquidation), 917

Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd, 846

Mapp v News Group Newspapers Ltd and related applications, 562

Maryland Estates Ltd v Joseph and another, 1386

Matrix Securities Ltd v Theodore Goddard (a firm) and another, 1847

Meade v British Fuels Ltd; Baxendale v British Fuels Ltd, 1150

McCaffery v Datta and others, 13