Law Society notices
Immigration law committee - vacancies for membership
The Law Society's immigration law committee is concerned with improving law, practice and procedure, implementing good practice for the profession, and responding to law reform proposals put forward by the government and other bodies regarding immigration and asylum law.
Over the past year, the committee's work has focused primarily on a pro-active research project on access to legal advice for asylum seekers who are dispersed and/or detained and on the Immigration White Paper and subsequent Nationality, Immigration and Asylum Bill.The committee currently has three vacancies for practitioners with expertise in immigration law work.
Applications are sought from practitioners with substantial experience of immigration law.
Applications are particularly sought from those practitioners with skills or experience in one of the following areas:
- European issues;
- Corporate/business issues, or;
- Working in a law centre or not-for-profit agency.
The immigration law committee meets four times a year.
In addition, some work has to be done prior to and between meetings.
Applicants should have an active interest in law reform and practice issues important for the profession.
They should be able to contribute ideas and practical experience through attendance at committee meetings (attendance expenses paid) and working parties.
Applications are welcome from all those with the enthusiasm, expertise and time necessary, irrespective of sex, race, colour, age, sexuality, religion or disability.
Appointments will be made following a selection process which will include interviews of shortlisted candidates.
For an application pack contact Rekha Shah, law reform team, tel: 020 7320 5746; fax: 020 7320 5673, or e-mail: rekha.shah@lawsociety.org.ukYou may also write to the Law Society at 113 Chancery Lane, London WC2A 1PL or DX 56 London/Chancery Lane.
The closing date for all applications is 14 October.
Consultation - agreements to restrict future instructions
Undertakings not to appear in future litigation
Recent years have seen an increase in the number of instances where defendant organisations have sought to reduce their exposure to future litigation.
They have done this by entering into agreements with claimants and their solicitors, restricting the solicitors' ability to represent future litigants against them.
By way of consideration, they have agreed to settle the current litigation on terms beneficial to the claimants.
Such agreements can place solicitors in a difficult position.
By entering into one, they may prejudice the rights of future claimants by reducing the 'pool' of firms with the expertise to conduct similar cases.
Conversely, failure to accept a settlement on these terms may seriously prejudice the rights of the current claimants.
Whichever decision the solicitors make, they may breach the rules of professional conduct either by failing to act in the best interests of their current clients or by prejudicing future clients' rights to instruct solicitors of their choice.
To resolve the situation, the Law Society's regulation review working party is seeking, as part of its rules review, a definitive resolution to the problem.
That solution may take the form of regulation, guidance or an expression of the desire that the issue be left to the courts to decide.
A consultation has been produced which sets out the background to the problem and seeks the views of the profession and others with an interest in this issue concerning solutions.
It is available from the Law Society's Web site at: www.lawsociety.org.uk (go to View all Contents A-Z/Rules Review: Agreements to restrict future instructions consultation) or in printed form from professional ethics, tel: 0870 606 2577.
Recent information from the Law Society's library
Costs
Halloran v Delaney [2002] Gazette, 12 September, 1.
A transcript of this case on the appropriate level of uplift on costs is available at: www.courtservice.gov.uk/judgments/judg_frame.htm?OpenDocument
Inheritance tax
Alterations to an inheritance following a death: IHT8, Inland Revenue guidance explains how alterations made to an inheritance following a death may affect the inheritance tax that has to be paid.
It also provides guidance on how the change may affect other taxes.
Available on the Inland Revenue Web site at: www.inlandrevenue.gov.uk
Conveyancing
Commonhold consultation.
The Land Registry has launched a consultation paper on the draft Commonhold (Land Registration) Rules.
The rules are about the land registration process for commonhold documents and registering freehold estates in commonhold land under the Commonhold and Leasehold Reform Act 2002.
Review of the consultation responses will take place in December 2002.
Details are available on the Land Registry's Web site at: www.legislation.landreg.gov.uk/content/commonhold/consult.asp
Landlord and tenant
Service charges: law and practice by Philip Freedman et al, (3rd ed, Jordans, 2002.
ISBN 0853087105).
A guide to the legal framework in which service charges operate.
This list has been compiled by the Law Society's library.
For further information about the contents, or other legal research enquiries, please contact the library, tel: 0870 606 2511 or e-mail: lib-enq@lawsociety.org.ukCopies of most items are available via the library's charged document delivery service: telephone us for a photocopy application form, or download it from the Internet at: www.library.lawsociety.org.uk
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