Law Society notices

Preliminary notice of elections of non-constituency council members

The Law Society Council at its meeting in March 2002 agreed to designate one of the new non-constituency council seat as civil litigation.

The council also agreed to re-advertise the seat previously designated commercial conveyancing, where no nominations were received originally.

However, the title of the seat was amended to commercial property.

Preliminary notice is hereby given, in accordance with by-law 56, that ballots will be held to fill the above-mentioned seats, and nominations are invited.

Nomination forms may be obtained (in either hard copy or electronic form) from Elizabeth Kwok, Corporate Administration, at the Law Society, The Law Society's Hall, 113 Chancery Lane, London WC2A 1PL (LDE 56) tel: 020 7320 5736; fax: 020 7320 5759 or e-mail: elizabeth.kwok@lawsociety.org.uk.

Nominees for election must be members of the Law Society and must fall within the scope of the designation of the seat concerned.

Those nominating candidates must be similarly qualified.

The Society wants to encourage nominations from all eligible solicitors irrespective of gender, race, colour, age, sexual orientation or disability.

Nominations should be received by the Chief Executive, The Law Society, The Law Society's Hall, 113 Chancery Lane, London WC2A 1PL (LDE 56) no later than 2 May 2002.

Those members receiving the Conveyancing Newsletter will automatically be sent a voting paper for the commercial property seat.

Other members wishing to vote in the ballot for this seat and members wishing to vote in the civil litigation ballot should register with Elizabeth Kwok by 17 May 2002.

Recent information from the Law Society's library

Consumer credit

Kevan on credit hire (2nd ed, EMIS, 2001, ISBN1858112753).

Examines in detail the House of Lords decision in Dimond v Lovell and developments after the Court of Appeal judgments in Zoan v Rouamba, Ketley v Gilbert and Wilson and First County Trust.

Costs

Admiral Management Services Ltd v Para-Protect Europe Ltd and Others, (2002) The Times, 26 March (ChD).

The reasonable costs of the claimant's expert employees could qualify for a costs order where the services performed would have been recoverable if done by someone who was not an employee.

A report is available under 'Law' on The Times Web site at: www.thetimes.co.uk

CriminalThe Police and Criminal Evidence Act 1984 (Codes of Practice) (Temporary Modifications to Code D) Order 2002 (SI 2002/615).

The modifications included alter the hierarchy of visual identification procedures in cases of disputed identity.

The effect of the modifications is limited to two years from the date of this order.

Available at: http://www.legislation.hmso.gov.uk/stat.htm

Damages

Warriner v Warriner, (2002) The Times, 28 March (CA).

In personal injury actions, cases where the court could award a different discount rate than the one prescribed by the Lord Chancellor would be comparatively few.

A report is available under 'Law' on The Times Web site at: www.thetimes.co.uk

European Union

Directive 2002/13/EC of the European parliament and of the Council of 5 March 2002 amending Council Directive 73/239/EEC as regards the solvency margin requirements for non-life insurance undertakings.

Official Journal L77 20 March 2002, page 11.

Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community.

Official Journal L80, 23 March 2002, page 29.

Full text of directives available from http://europa.eu.int/eur-lex/en/index.html

Revision of Investment Services Directive (93/22/EEC): second consultation: overview paper.

Comments by 31 May 2002.

Overview paper available, with associated documents, on the Web site of the European Commission's Internal Market Directorate-General at: http://europa.eu.int/comm/internal_market/en/index.htm

Housing

Defending possession proceedings by Jan Luba, Nic Madge and Derek McConnell (5th ed, LAG, 2002, ISBN 1903307066).

New edition of this established textbook dealing with all aspects of the law relating to possession proceedings against occupiers of residential property.

Human rights

Whittaker v P and D Watson (t/a P and M Watson Haulage) and Another, (2002) The Times, 26 March (EAT).

The Employment Appeal Tribunal could not hear a submission as to incompatibility with the Convention on Human Rights as it was not a 'court' within section 4(5) of the Human Rights Act 1998.

A report is available under 'Law' on The Times Web site at: www.thetimes.co.uk

Negligence

Tomlinson v Congleton Borough Council and another (2002) The Independent, 21 March; (2002) The Times, 22 March (CA).

The council had not discharged its duty of care to a trespasser under section 1 of the Occupiers' Liability Act 1984 by displaying warning notices by a lake which was dangerous for swimmers, since it knew that the notices were habitually being flaunted.

A report is available under 'Law' on The Times Web site at: www.thetimes.co.uk

Police

Green paper on Police and Criminal Evidence Act (PACE) 1984 - code A.

A code of practice for the exercise by police officers of statutory powers of stop and search and recording of police/ public encounters.

Copies available from the Home Office and at: http://www.homeoffice.gov.uk/pcrg/pace_consult.pdf Comments by 7 June 2002.

This list has been compiled by the Law Society's library.

For additional information about the contents, or other legal research enquiries, contact the library on 0870 606 2511 or e-mail Lib-Enq@lawsociety.org.uk.

Copies of most items are available via the library's charged document delivery service: telephone for a photocopy application form, or download it from the Internet at: www.library.lawsociety.org.uk

Notice

Fee increases at Companies House

Fees for certain services at Companies House will increase from 1 April 2002.

Demand for microfiche products is declining and to meet the increased cost of production all fees will increase by 2.50.

For example, a standard search will increase from 6.50 to 9.

All fees apart from microfiche products will not be increased except for the same-day certified copy service which will increase from 40 to 60.