Issues

Litigation Recent Decisions 21/11/95

Treating investment income as a trading receipt Nuclear Electric v Bradley (1995). CA (Sir Thomas Bingham MR, Millett J and Schiemann J) 17/10/95. Summary: Investment income of a trading company is not to be treated for tax purposes as a trading receipt when the company is not a banker, a tour operator or an insurance […]

North Yorks reshuffle cuts legal posts

FIVE legal services posts are to be axed as a result of the reorganisation of a county council’s management structure. The number of legal staff at North Yorkshire County Council will be cut from 24 to 19 after next April. But acting county secretary David Parrish said there were unlikely to be redundancies. The cuts […]

Self-regulation under attack

House of Commons Select Committees have proved a useful constitutional innovation. They reveal what the Government, the Civil Service and the private sector think about a host of topical matters. Nevertheless, select committees have an in-built majority in favour of the governing party. What is most surprising about the Treasury Select Committee’s sixth report into […]

People with know-how

The Expert Witness event Timetable 29-30 November 1995 Red Hall Barbican Centre Day One 10.30 – The expert’s role and responsibilities, Contingency fees and Meetings of experts 11.30 -The Judicial Committee’s model form of expert report: what it is and how to use it 12.30 – Selecting your expert and maximising his value in today’s […]

Armed Forces Act

To be reviewed next year after claims of human rights violations, the Act is likely to take a new line on the courts martial system. The review will be conducted by a Commons Select Committee and, although courts martial are unlikely to be made defunct, it is accepted reform is needed. The procedure under which […]

Keep SCB impartial, say advisers

COMPLAINTS handling should be as independent of the Law Society as possible, according to the Solicitors Complaints Bureau’s lay-dominated advisory committee. The bureau’s policy advisory committee has come out against Law Society president Martin Mears’ plans for its functions to be brought back in house. In its response to the Law Society’s consultation exercise on […]

Different strokes

Expert evidence is a popular topic. The legal press is littered with references to codes of practice, expert’s qualifications, academies and registers and sometimes it is difficult to discern who is properly qualified, experienced, independent, competent and reasonably priced. In some fields where there are few formal qualifications, the proliferation of bodies of apparently qualified […]

horsey pursuits

There are horses for courses and never more so than when looking for a riding expert. In the horse world, nearly everybody thinks they are an expert and the lawyer litigating a horse-related incident must carefully consider what sort of adviser is needed. It is safe to say for most personal injury riding accidents a […]

Write to reply

Evidence for court is in two parts: written and oral. Most cases are dealt with on the strength of written evidence and this can avoid the need for an individual to give evidence from the witness box. Written evidence is in the control of the writer and can give a lot of confidence if he […]

In brief: Deadlock over Which? survey

The Consumers Association and the Law Society are yet to resolve their differences over September’s Which? survey into the quality and cost of legal advice. The association has threatened Chancery Lane with legal action if it does not retract its allegations that the research conducted by Which? was shoddy. “Our current situation is that we […]

Nick Bradley finds a test case where syntax is all important.

Nicholas Bradley is a partner in the insurance and reinsurance unit at Davies Arnold Cooper.On 25 October, the Court of Appeal upheld by a majority of two to one a High Court ruling in the key insurance case of Charter Reinsurance Company v Patrick Feltrim Fagan in a standard form excess of loss reinsurance contract […]

Wanted: IT trainer

Helen Sage reports Baker & McKenzie is looking for a new IT trainer to assist the firm’s migration from DOS to Windows. The position will involve the implementation of a training scheme on the new word processing software. The firm is also developing a new document management system.