Recent information from the Law Society's library

Civil procedureGodwin v Swindon Borough Council, The Independent, 19 October 2001 (CA).The deemed date of service under rule 6.7(1) of the Civil Procedure Rules could not be rebutted by evidence of the actual date.

CostsCallery v Gray (No.2), The Times, 24 October 2001 (CA).Whether cost of own costs insurance recoverable under order for costs.

Interpretation of section 29 of the Access to Justice Act 1999.

Appeal on issue whether the amount of the after-the-event premium was reasonable.

Previously reported at [2001] 4 All ER 1 and now reported in The Times.

Available under 'British News' on The Times Web site at: www.thetimes.co.uk

Criminal lawR v Risdale-Tomblin, The Independent, 16 October 2001 (CA).Judges should impose confiscation orders under section 71 and section 72AA of the Criminal Justice Act 1988 more frequently.

Power exercised in relation to a solicitor.

EmploymentChief Constable of the West Yorkshire Police v Khan, The Times, 16 October 2001 (HL).Refusal by the chief constable to supply a reference pending the outcome of proceedings against him at an industrial tribunal did not constitute victimisation as the chief constable needed to preserve his legal position.

Correct approach for identifying a comparator.

Transcript available at: http://www.parliament.the-stationery-office.co.uk/.

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

Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001 (SI 2001/2660) came into force on 12 October.

These regulations allow employers to be prosecuted for a provision, criterion or practice, which causes indirect discrimination.

The burden of proof is now on the employer to prove non-discrimination.

Available at: www.legislation.hmso.gov.uk

Working Time (Amendment) Regulations 2001 (SI 2001/3256) comes into force on 25 October 2001, giving employees a right to annual paid leave from their first day of employment, following the judgment in the European Court of Justice on the BECTU case (C-173/99).

Text of SI available at: http://www.dti.gov.uk/er/work_time_regs/index.htm

HousingGetting the best out of the court system is a new leaflet giving guidance on handling possession cases in court for local authorities and social landlords, including dealing with anti-social behaviour.

Available on the Department for Transport, Local Government and the Regions Web site at: http://www.housing.dtlr.gov.uk/local/court/index.htm

Lloyds TSB Bank plc v Shorney and Ano, The Times, 25 October 2001 (CA).Whatever the terms of the mortgage, a bank cannot unilaterally vary the liability of a joint guarantor without notice.

Available under 'British News' on the The Times Web site at: www.thetimes.co.uk

Paragon Finance plc v Nash and Ano; Same v Staunton and Ano, The Times, 25 October 2001.A term was implied in mortgage agreements that the discretion of the lender to vary interest rates during the mortgage term should not be exercised unreasonably.

Available under 'British News' on the The Times Web site at: www.thetimes.co.uk

Human rightsBrennan v United Kingdom (Application No.39846/98), The Times, 22 October 2001.The presence of police officers within a hearing during the accused's first consultation with his solicitor infringed his right to a fair hearing guaranteed by article 6 of the European Convention on Human Rights.

Available under 'British News' on The Times Web site at: www.thetimes.co.uk

InsuranceMIB claims: practice and procedure under the 1999 agreement: a special bulletin by Tara Vindis and Andrew Ritchie (Jordans, 2001, ISBN 0853087148).

This publication offers guidance on practice and procedure surrounding the Uninsured Drivers Agreement 1999.

Internet sitesA new edition of 'Library Links', compiled by the Law Society library staff, is now available.

This lists many useful legal Web sites.

Electronic copies can be sent free to staff.

E-mail Lib-enq for a copy.

Legal aidThe Legal Aid in Criminal and Care Proceedings (Costs) (Amendment No.2) Regulations 2001 (SI 2001/ 3425).Made in consequence of a defect in SI 2001/1180 and is being issued free of charge to all known recipients of that statutory instrument.

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

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

For further information about the contents, or legal research enquiries, contact the library on 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