Solicitors in - UK Solicitors Win Against Canadian Bank

Banker fired at 42 wins age case against CIBC
Elizabeth Judge

A 42-year-old London-based banker has won an age discrimination ruling against one of Canada's largest banks after being declared redundant during the credit crisis last year.

The London South Employment Tribunal upheld Achim Beck's case for age discrimination after deciding that the Canadian Imperial Bank of Commerce (CIBC) had been unable to demonstrate that its decision to dismiss him "was not significantly influenced by his age".

The bank is facing a potentially large payout after the case, which anti-ageism groups described as a victory "for all those who face age discrimination at work".

Mr Beck, a German national, was head of marketing for the CIBC, earning about £900,000 a year. He was shed by the company ostensibly as part of a broader redundancy programme in the marketing team in May 2008.

However, the tribunal held that the criteria for a new marketing executive, set out in an internal memo, included a stipulation that the person should fit a "younger, entrepreneurial profile".

The bank, it said, had provided an "unconvincing" explanation for its use of the word "younger", by which, it claimed, it meant simply less experienced.

The bank claimed that the word "was included together with the word 'entrepreneurial' by way of a comparison with a headline-profile rainmaker to explain that the ideal target candidate for the .. role would not be an expensive senior figurehead".

The tribunal was told that the word "younger" was used despite the bank's head of London human resources describing it as "inappropriate".

The case comes amid a steady rise in the number of age discrimination cases being taken to tribunals. The figure has jumped from 972 in 2006-07 to 2,949 in 2007-08 and 3,801 in 2008-09.

Andrew Harrop, head of public policy for Age Concern and Help the Aged, said: "The outcome of this case is not only good news for Achim Beck, but for all those who face age discrimination at work. We hope it will give other people the confidence to challenge employers if they feel they are the victim of ageist attitudes."

Mr Harrop said that too many "dedicated and experienced employees" were being forced out because of their age rather than a lack of ability.

Mr Beck's related claims of direct and indirect race discrimination were dismissed.

CIBC was not immediately available for comment.

The value of awards will be decided at a later hearing unless the two parties reach agreement before then.

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Article Reference: business.timesonline .co.uk/tol/business/industry_sectors/banking_and_finance/article6970455.ece

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Solicitors In - Legal Loophole for Mortgages

Thousands to be saved from losing homes by closure of legal loophole
Lender Repossession signs go up in East London

Mortgage lenders will be barred from seizing a borrower's property without a court order after the closure of a legal loophole, to be announced tomorrow.

In a crackdown that will be hailed as a victory for thousands of homeowners struggling to meet their monthly repayments and as a further blow to banks, the Government will publish plans to close the loophole that left homeowners who had missed two repayments vulnerable to immediate repossession. The Ministry of Justice will say that lenders will be able to take a property only if they have a court order or if the owner voluntarily hands over the keys.

The decision, part of an eight-week consultation, comes after months of objections from debt charities to an antiquated law, dating from 1925, that allows banks and building societies to repossess without going through the courts. The campaign began after the High Court used the loophole to rule in favour of the sub-prime mortgage lender GMAC-RFC in a repossession case last year.

The ruling by Mr Justice Briggs in the case of Horsham Properties Limited v Clark and Beech related to landlords who had their buy-to-let property in Kent repossessed. Mr Justice Briggs ruled against the borrowers' claim that the repossession violated their human rights. The decision prompted fears that other lenders would use the loophole to sidestep government rules designed to contain a sharp increase in repossessions during the recession. Tomorrow's announcement is a preventative measure to stop future abuses by banks.

Bridget Prentice, the Justice Minister, said: "Under the existing law, lenders have the right to repossess and sell a property without seeking either the agreement of the owner, or of the courts. While there is no evidence that owner-occupiers are being treated in this way, the government proposals published today would close this loophole and prevent any future instances of 'rogue lenders' behaving this way."

An estimated 48,000 homeowners had their properties repossessed in the past 12 months, according to the Council of Mortgage Lenders (CML), fewer than the 75,000 it had expected for the year at the beginning of 2009. The trade body has estimated that the number of borrowers in arrears is currently 195,000, a figure that is expected to rise to 205,000 next year.

The bulk of those who have lost their homes are thought to be borrowers with sub-prime mortgages from a non-mainstream lender. The Financial Services Authority fined GMAC a record £10.5 million in October for failing to treat customers in arrears fairly.

Main high street banks, particularly those in receipt of government bailout funds, have been subject to close scrutiny of their treatment of hard-up borrowers and have been forced to adopt a more tolerant approach to customers in arrears. The CML has attributed the lower-than-expected number of repossessions this year to low interest rates and the introduction of government schemes.

Figures from the Financial Services Authority, the City watchdog, showed that 13,987 homes were repossessed by lenders between July and September this year, 3 per cent more than the previous quarter but 6 per cent lower than the first three months of the year.

The Ministry of Justice also announced that 33,176 families had been helped over the past 12 months by the Government's Housing Possession Court Duty schemes, which aim to provide last-minute help to keep borrowers in their homes.

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Article Reference: business.timesonline .co.uk/tol/business/law/article6969876.ece

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Solicitors In - Overseas Currency Watch

Sterling up vs softer dollar; falls vs euro

* Sterling up 0.2 percent at $1.6010 GBP=

* Euro up 0.8 pct at 89.92 pence EURGBP=R

* BoE minutes, weak GDP number weigh on sterling

By Tamawa Desai

LONDON, Dec 24 (Reuters) - Sterling rose against a broadly softer dollar on Thursday, clawing back some ground after hitting two-month lows earlier in the week, but extended losses against the euro in holiday-thinned trade.

Weaker-than-expected U.S. housing data on Wednesday cut a dollar rally short, while buying of the U.S. currency due to year-end positioning had likely ended, traders said.

"Most market players have finished their pre-Christmas trading yesterday, and dollar repatriation has run its course. So we're seeing some buying back of euro and sterling against the dollar," one trader said.

But higher U.S. bond yields were likely to underpin the greenback. The spread between 2- and 10-year Treasury yields steepened to historic highs this week, on expectations for stronger U.S. growth.

"If this steepening continues into the new year, it could further boost the dollar," the trader said.

By 1135 GMT, sterling was up 0.2 percent at $1.6010 GBP=D4 after touching a session high of $1.6023. A next target could be a break above the 200-day moving average around $1.6025, traders said. The euro was up 0.8 percent at 89.92 pence EURGBP=D4 after briefly rising to 90.11 pence, its highest since Dec. 14, according to Reuters charts.

Sterling has been weighed down this week since a disappointing revision to third quarter UK growth figures, and as minutes from the latest Bank of England policy meeting were perceived as leaving the door open to further monetary easing.

"Sentiment towards sterling is still overwhelmingly negative. If there are any crowded trades out there it's that people are very short of sterling," said Adam Cole, global head of FX strategy at RBC Capital Markets.

"But it is difficult to see any catalyst for any correction, even though sterling is historically very cheap."

Trade-weighted sterling was last at 79.7 =GBP, its lowest since Dec. 11.

The BoE's Monetary Policy Committee voted unanimously in December to keep interest rates at 0.5 percent and maintain the 200 billion pound quantitative easing programme, as expected. [ID:nLDE5BM0JP]

A Reuters poll this week showed economists almost unanimous in expecting the BoE to leave its QE programme capped at its current level. [ID:nLAG006010]

The programme, under which the central bank purchases assets to pump cash into the economy, is scheduled to be completed before the BoE publishes its next inflation forecasts in February.

A majority of those polled also do not expect the BoE to raise rates until the fourth quarter of 2010 when they see them climbing to one percent.

(Additional reporting by Jessica Mortimer; editing by Nigel Stephenson)

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Article Reference: uk.reuters .com/article/ idUKLDE5BN0DT20091224? pageNumber=3&virtualBrandChannel=0

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Specialist Solicitors In - Fair Prices

Solicitors Regulation Authority Consultation

Moving toward a fairer fee policy – detailed proposals

The SRA has published detailed proposals for a new structure for paying for the regulation of solicitors.

A new consultation paper sets out their preferred model for sharing the costs of regulation, following responses to an initial paper published by the SRA and the Law Society in June, and gives examples of how the new structure might work for different sizes of firms.

The SRA and the Law Society believe that the current system, in which costs are allocated through the practising certificate fee, leads to anomalies and unfairness — with firms of similar size, turnover, and types of practice paying widely varying fees.

Changes brought about by the Legal Services Act 2007, including firm-based regulation, provide the opportunity to create a fairer system, involving a combination of individual and firm-based fees.

Feedback from the first consultation exercise provided broad agreement on the principles and objectives for a new fee structure, and on the proposal to use banded turnover as the basis for calculating the firm-based fee.

Key proposals in the current consultation are as follows:

Firm-based fee should be based on banded turnover. This takes into account how much business a firm does, and is linked to ability to pay.

Cost should be allocated so that around 40 per cent of the total funding of regulation is raised through the individual fees, and 60 per cent through the firm fees. (The SRA proposes that, in the longer term, this should move to 20–40 per cent for individuals, and 60–80 per cent for firms.)

The types of exceptions and discounts that are currently allowed for individuals should be simplified and minimised, taking into account the fact that the fee for individuals will reduce significantly.

The paper also seeks views on options for the allocation of Compensation Fund costs. The deadline for submission of responses is 22 January 2010.

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Article Reference: alcd. org.uk/?q=node/63

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Solicitors In - Consideration

Legal for the road? - Yes...

A Word from Perry about the BUILD

Hi,

My name is Perry Watkins and this is the story of my attempt to build the world's smallest road legal car.

So, how you set about building the world's smallest car.

Well fortunately I do already have some relevant experience.
This is my last project, The Flatmobile at just 19" high is the world's lowest road legal car.

The Flatmobile is actually the third car I have built to beat the record for the lowest car. Prior to the Flatmobile 1n 1990 I along with my good friend Danny Curtis, built A Hillman Imp called "Impressed" That car was 26.5" high

Then in 2000 I built a stretched Mini called "Lowlife" which was 24" high and boasted a 3.5 V8 engine

My first major custom project was this Road legal 9' tall Dalek!

So where did I start?

Well the first thing I did was to carry out lots of research. There is no point in starting a project unless you have a good idea of what you are trying to achieve and that the end goal is actually achievable using the method you are proposing, so it's essential that I do as much research as possible before I actually start the build.

I researched the current record holder, to find out exactly how small that car is and also how the builder has designed such a small car.

The current record holder?

The world record for the smallest car is currently held by the Peel P50.
The Peel engineering company built these cars in the Isle if Man during the 1960s.
The Peel is 53" long, 39" wide and 53" tall. It is a quirky looking single seater with a 50cc engine and no reverse gear!

I will need therefore to keep the dimensions of my car smaller than those of the Peel in order to be sure that my car is indisputably smaller.

The second area that needs careful research and planning in the law.
There are strict regulations that apply to the construction of motor vehicles and I must ensure that the car will comply with all the relevant specifications of the construction and use regulations. If the car does not meet all criteria, then I won't be able to register the car and make it road legal.

Well here you go folks.

This is the body that I am going to use to build the worlds smallest road legal car.
As I am sure you can see, it's actually a Postman Pat Kiddies ride, as you find outside supermarkets and in shopping centres.

Using the Postman Pat van body as the basis for the project achieves 2 things.
Firstly it's a ready made body complete with space for lights, radiator and windscreen etc. That really will save me lots and lots of work.

Secondly, Postman Pat is a very well known character from children's TV in England and using his van will add a huge amount of novelty value to the project.

After all the whole point of doing this is to have a laugh!

The Build

The first thing I did was to remove the body from the ride base, cut away the false wheels and then cut Pat and Jess the cat out of the vehicle.

With that done I stood the body on blocks at the finished height and start to get some idea of what size wheels I am going to need to source and whereabouts to mount the engine etc. All of that will depend somewhat on how I squeeze myself into the car and what space is left over!

I decided a quad bike would fit the bill and so purchased a brand new Shanghai Shenke 150cc automatic on eBay. The quad was completely dismantled and the rear seat section chopped off and replaced with a custom built 2"x1" box section seat frame to fit inside the body.

The swinging arm was shortened by 6" along with the drive chain. And the brake calliper relocated underneath to make room for my posterior! The front wishbones were all remanufactured and new suspension mounting points fabricated.
I then manufactured a new steering column assembly with a spiral bevel gearbox in the centre to transfer the drive through 90 degrees.

For the wheels I plumped for Honda Monkey bike wheels and tyres on the rear and my friend Ian Mckenzie machined up the front wheels from scratch. That made a mess in his garage!

The seat was upholstered by MK Auto upholstery and I made an aluminium key for the rear, this is driven by a small electric motor that turns at 15 rpm. Two gas rams from a Honda Jazz were then fitted to lift the body up.

Time for a test drive…..

Bugger, that wasn't supposed to happen!

Next the body was off to be sprayed and have the graphics laid on by Mick O'Donoghue of Mickx Paint shack

Final touches were lights from a street fighter bike, lucas indicators, 6mm laminated windscreen and a Pop Browns windscreen wiper system. Hilborn air scoop on the front, and 3" dummy exhausts on the back.

And that's about it !!!

***************************************************

Specs

Donor body: Postman Pat coin operated kiddie ride

Rolling chassis Shanghai shenke quad bike

Engine: Shanghai 150cc auto cvt

Rear wheels and tyres Honda Monkey bike

Front wheels Machined from billet aluminium to accept 8" tyres from a 1939
Brockhouse Corgi paratroopers mini motorcycle.

Top speed 40mph
Fuel consumption: 70mpg

Dimensions: 41" high 26" wide, 51" long. (31.4 c.ft)

****************************************************

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Article Reference: windupcar. co.uk/pages/specs.html

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Solicitors in - File Sharing Could Give Government Control of the Internet?

Expert claims file-sharing Bill could give Government control of the internet

OUT-LAW News, 12/2009

The Digital Economy Bill would give the Government the power to control the internet access of UK citizens by ministerial order, bypassing Parliament and without an adequate right of appeal, according to one legal expert.

Barrister Francis Davey has examined clause 11 of the Bill and believes that it puts extraordinary powers to control the information available to UK internet users in the hands of the Secretary of State for Business, Innovation and Skills, currently Lord Mandelson.

The Department of Business, Innovation and Skills (BIS) has rejected the interpretation of the law, claiming that the EU's E-Commerce Directive prohibits the activity described by Davey.

"Clause 11 gives the Secretary of State the power by ministerial order to make any ISP [internet service provider] to take technical measures against any subscriber," said Davey.

This clause has been widely read as being designed to allow the disconnection of copyright-infringing file sharers, but Davey said its application could be far wider. "Nothing it says has anything to do with copyright infringement or even wrongdoing by the subscriber," he said. "The Secretary of State could use this to order ISPs to block access to a website or to certain kinds of files."

The Digital Economy Bill has been controversial because it gives the Secretary of State powers to order ISPs to take 'technical measures' against subscribers, such as disconnecting the access of those accused of illegal file sharing.

Davey is a barrister with a background in IT and specialises in computer and internet law. His analysis could lead to even further controversy about the Bill. He said that he does not believe that the clause is a deliberate attempt to control access, but he said that if it passes into law it will inevitably be used in that way.

"My suspicion is that this is not an intentional power grab," said Davey. "I think that it is just bad drafting. Whoever was doing it, rather than think of a subtle and complicated power that had the right effect, they have just given the broad power that would allow the Secretary of State to do what was needed."

"But we know from other laws that when a power exists it finds a way of getting used," said Davey. "Look at the asset freezing powers of anti-terrorist legislation. They were used to freeze the assets of [Icelandic bank] Landsbanki. Now that upset a lot of people in Iceland, but when you went back to the legislation it actually didn't say anything about that power only being used against terrorists."

A spokesman for BIS said that it had drawn up the legislation only with file-sharing in mind.

"It is clear from clause 11 and the Bill as a whole that technical measures are for the individual infringer and can't be applied at the network level," he said. "At the network level the law has to comply with the E-Commerce Directive."

The Directive, which became UK law as the E-Commerce Regulations, absolves ISPs of liability for illegal material on their networks as long as they do not know that it is illegal. It also absolves them of the duty to monitor networks for illegal activity.

"The Directive says that we can't draft legislation that imposes a general obligation to monitor networks," said the spokesman. "And this network level activity would require ISPs to monitor websites on their systems."

Davey said, though, that while the E-Commerce Regulations and Directive do prohibit the passing of laws that require ISPs to monitor activity, this is different to what concerns him.

"What you can't do is require an ISP to look at the traffic going over its network and find certain content. But if an ISP is asked to block an IP address they can do that," he said. "Blocking is not monitoring."

Davey also has concerns about the lack of restraints on the powers in the Bill. "It is slightly unusual because of its breadth and the fact that there is no right of appeal or obligation to publish the notices or to go through Parliament," he said.

A person affected by an order can appeal the basis of an order but not the order itself, he said. This means, for example, that if their access was cut off they could claim that they did not conduct illegal file-sharing but could not appeal the nature of the Secretary of State's action, i.e. the cutting off of internet access.

Ofcom will operate a Code of Practice in relation to the powers, but Davey said that Ofcom will not be able to restrain a Secretary of State's use of the powers.

"Ofcom governs the use of the power but can't inhibit it," he said. "The Code of Practice allows certain things to be put in it by Ofcom but it allows the Secretary of State to put things in as well."

The BIS spokesman disagreed, saying that the Bill says that "Ofcom has to consult" on powers, and that the first time the Secretary of State wants to use the powers secondary legislation will have to pass through Parliament. He conceded that after that Parliament did not have to be consulted on their use.

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Article Reference: out-law. com/page-10613

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Solicitors In - Discussions with The Bar

Solicitors 'to profit' from instructing barristers following BSB rule changes

December 2009 by Catherine Baksi

Solicitors will for the first time be able to profit from instructing barristers following rule changes agreed last month by the Bar Standards Board (BSB), a legal businessman has said.

Peter Rouse, director of online barristers' directory Bar Select, said the new rules on how barristers can practise will enable a relationship with solicitors that will allow the solicitor's firm to treat the barrister's fee as a cost that they can mark up when billing the client to generate a profit.

Rouse said the rule changes will mean barristers could be contracted to a firm of solicitors for a case or period of time, while also being engaged in practice from chambers in the traditional way.

At present, he said, when a solicitor instructs a barrister their fee is treated as a disbursement. The solicitor can bill the client only for that fee, making no profit from the engagement of the barrister.

Rouse said: 'The potential exists to make the bar a source of legitimate profit opportunity to the solicitors' profession, and so reverse the trend of building advocacy capacity within firms.'

Viv Williams, chief executive of law firm consultancy 360 Legal Group, said: 'This is a good idea for both the bar and law firms.' He said it would give solicitors the opportunity to earn additional income without the cost of recruiting and retaining in-house advocates, and increase the volume of work sent to the bar.

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Article Reference: lawgazette. co.uk/news/solicitors-profit-from-instructing-barristers-following-bsb-rule-changes

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Solicitors in - Need of Help

Unemployment rate among solicitors climbs by 400%
Tuesday 22 December 2009 by P. Rogerson

The number of unemployed solicitors on benefits has quadrupled during the recession to more than 1,800, according to an analysis of official statistics by the Conservative Party reported in today's Daily Telegraph.

Along with architects, surveyors and vets, solicitors comprise one of the professional groups to have experienced the biggest percentage increase in unemployment rates since the economic downturn. Many of those made redundant are thought to be in their late 40s and early 50s.

Since March 2008 the number of unemployed solicitors claiming benefits has risen by 401% to over 1,800. The number of unemployed architects rose from 155 to 1,595, but surveyors have fared worst, experiencing a near tenfold rise in the unemployment count. The number of accountants out of work has risen 250%.

The figures are likely to understate real levels of unemployment among the professions because many white-collar workers do not claim benefits, claims the Telegraph.

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Article Reference: lawgazette.co.uk/news/unemployment-rate-among-solicitors-climbs-400

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Solicitors - Legal Case Reviews

Edwin Coe launches appeal on behalf of beer drinkers

Beer Edwin Coe — typically known for class actions — has been instructed by the Campaign for Real Ale (CAMRA) to appeal against a decision by the OFT not to investigate beer prices.

CAMRA, which lobbies on behalf of independent pubs and brewers, asked the competition watchdog to review beer tie arrangements, which it claims prevent certain publicans from buying beer on the open market. It argues that wholesale prices paid by tied publicans are around £20,000 per year higher for an average pub than they could get on a competitive market. That, it says, leads to higher prices for consumers.

On October 22, the OFT declined to investigate the matter, prompting CAMRA's appeal to the Competition Appeal Tribunal, which was filed today.

It has instructed David Greene at Edwin Coe to lead the appeal. "The challenge goes to the core of the process of a super complaint and OFT's handling of it," Greene says. "There are many unresolved issues that will have to be considered by the Competition Appeal Tribunal."

Posted by Alex Spence

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Article Reference: timesonline.typepad.com/law/

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Anyone can apply for a Warrant?!

Anyone can apply for a warrant over allegations of a serious offence
by Richard Ford

A quirk of English law allows private individuals to seek warrants for the arrest of people they wish to prosecute for serious offences, including alleged war crimes.

Under the system, the Government and the Crown Prosecution Service are unable to impose checks on, or even have prior knowledge of, applications to the courts for the arrest of individuals suspected of war crimes. The latter are subject to the principle of universal jurisdiction, where the seriousness of the alleged offence means that they can be tried anywhere.

The Magistrates' Courts Act (1980) allows anyone in England and Wales to apply to a court for a warrant to arrest someone against whom they wish to bring a private prosecution for a serious crime. The law does not require prosecutors even to give advice on such an application.

Anyone seeking to bring a private prosecution would provide information, usually a written formal allegation about the offence, which is put before magistrates. All applications for warrants in private prosecutions are dealt with at City of Westminster Magistrates' Court. A warrant can be issued without either the alleged suspect or official prosecutors having the chance to make legal representations.

The court will consider if the alleged offence is actually a crime and whether it has the jurisdiction to issue an arrest warrant. The judge issues the warrant if he or she is convinced that there is likely to be a case to answer and that the accused person is in the country — hence the withdrawal of the warrant for Tzipi Livni after she decided not to travel to Britain.

Any change to the law would be up to the Ministry of Justice after discussions with the Crown Prosecution Service and the Attorney-General. It would probably focus on giving the Attorney-General the power to approve all warrants before arrests can be made.

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Article Reference: timesonline.co.uk/tol/news/uk/article6963551.ece

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Civil Courts Procedure

 

Civil Courts in the UK

Civil cases at first instance are heard in the County Courts (for minor claims) or the High Court, which is divided into three divisions: Queen's Bench, Family and Chancery. Cases may be appealed to the Court of Appeal (Civil Division). Cases may be appealed from the County Court to the High Court.

The House of Lords is the supreme court of appeal. Its judicial functions are quite separate from its legislative work, and cases are heard by up to 13 senior judges known as the Lords of Appeal in Ordinary, or Law Lords. It shares its function as the supreme appellate court with.

Judgments from the Civil and Criminal Divisions of the Court of Appeal, and from the Administrative Court, selected by the judge concerned, are available for free on the Bailii (British and Irish Legal Information Institute) database. If a High Court judgment is not available on BAILII , contact the court direct for a copy.

House of Lords judgments delivered since 14 November 1996 are available on the House of Lords website.

A new set of rules governing the processing of civil cases in England & Wales came into force on the 26th April 1999.

These changes come as a result of the Woolf report 'Access to Justice' (1996). The main aim of the new procedures is to reduce the cost and time of taking legal action.

Under the new system, the courts will take on the management of each case. In the past, this was left to the parties. This actually has relatively little effect on the 'small claims' track, as the courts tended to manage these under the old system.

Small claims track, fast track and multi-track

Under the rules, cases are run on one of three tracks. The three tracks are:

* 'small claims track' (not exceeding 5000 pounds)
* 'fast track' (over 5000 pounds, not exceeding 25,000 pounds)
* 'multi-track' (over 25,000 pounds)

'Small claims' and 'fast track' claims are managed by the county courts. 'Multi-track' cases are more often made in the High Court.

As is typical with the legal system, even a simple rule like this has exceptions.

Resources:
legal-executive-journal.com/about_legal_executives/the_uk_legal_system.aspx | hmcourts-service.gov.uk/cms/legalprofessional.htm | justclaim.co.uk/index.php?file=/procedures/overview/index.page |

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Criminal Solicitors

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<p><b><font face="Verdana" size="2">Criminal Courts in the UK</font></b></p>
<p><p style="text-align: center;"><img class="aligncenter" src="http://www.topnews.in/law/files/Criminal2.jpg" width="336" height="231" /></p><font face="Verdana" size="2"><br>
<br>
Criminal cases are heard at first instance in the Magistrates' Courts, with more
serious ones being hears in the Crown Court. Appeals are heard in the Court of
Appeal Criminal Division. The Review of the Criminal Courts by Sir Robin Auld
was published in 2001, as a result of which consolidated Criminal Procedure
Rules were introduced in 2005. .<br>
<br>
The Constitutional Reform Act 2005 provides for the establishment of a Supreme
Court to replace the House of Lords as the Court of final appeal.<br>
<br>
For Solicitors in Your Area - please follow this link:<br>
<a href="http://www.solicitors-in.co.uk/">Solicitors In</a></font></p>

 

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Solicitors In the UK Discuss the Hacker

BBC NEWS
Legal victory for 'DVD hacker'
An appeals court has cleared a Norwegian man of DVD piracy charges.

 

The court upheld an earlier verdict that Jon Johansen, 20, had not broken the law by creating a system that could get around copy protection on DVDs.

 

The ruling is a setback to anti-piracy efforts by the Hollywood studios.

 

The Motion Picture Association of America (MPAA) said it was disappointed by the court's decision, saying it encouraged others to circumvent copyright controls.

 

Free to copy

 

The case was seen as a major test of Norway's computer protection laws

 

<img border="0" src="http://www.solicitors-in.co.uk/solicitors-in-uk.jpg" width="150" height="231">

 

Mr Johansen, known as "DVD Jon" by the net community, created his program to watch films on a Linux-based computer.

 

" The actions of serial hackers such as Mr Johansen are damaging to honest consumers everywhere "
MPAA statement
He then posted the program onto the net in 1999.

 

His software, called DeCSS, could decrypt disks by stripping the Content Scrambling System from DVDs.

 

The US movie industry had accused DVD Jon of theft. But an Oslo court said in January 2003 that he was free to do what he wanted with DVDs he bought legally.

 

The appeals court has now agreed with the original ruling, throwing out the case of the MPAA.

 

In her 30-minute ruling, Judge Wenche Skjeggestad said Mr Johansen could freely copy DVDs he had bought, adding he had not violated Norway's laws protecting intellectual property.

 

It is not clear whether the case will now go before Norway's supreme court.

 

'Damaging' ruling

 

In a statement, the MPAA said it was disappointed by the ruling.

 

"The actions of serial hackers such as Mr Johansen are damaging to honest consumers everywhere.

 

"While the ruling does not affect laws outside of Norway, we believe this decision encourages circumvention of copyright that threatens consumer choice and employment in the film and television industries."

 

The Hollywood studios say piracy costs them $3bn a year in lost sales.
Story from BBC NEWS:
news.bbc.co.uk/go/pr/fr/-/1/hi/technology/3341211.stm

 

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Learn Hypnosis

Learn Hypnosis

In this modern world people have mistaken the concept of hypnosis. Strangely the television hasn't helped this belief. Many think that hypnosis is meant for humour on the cabaret stage and has little transition into our daily life.

I was explaining to my young teenage children that I remember seeing live pictures of men walking on the moon back in the 1960's. Amazingly I couldn't explain fully why further visits haven't been made. But what did come to mind, and I'm sure I've said it before myself... Why visit a distant planet when we can't cure the common cold; or have answers to why our devilish ego makes us do foolish things.

Using the various techniques involved in this type of hypnosis, you can get people to do what you want them to do. These techniques can be easily learnt, if you are willing to put in some effort and invest some time towards it.

Bizarre as it may seem we dip in and out of hypnotic states each day. Understanding this and exploring its potential allows us to put flying to the moon on hold for a few decades.

Hypnosis has gained in popularity over time. More and more people have become interested in the whole concept behind this subject and how it works.

Presuppositions are just one of the many techniques you can discover when you learn more about hypnotic mind control. First of all what is a presupposition? Well, a presupposition is very much like an assumption.

Hypnosis is effective to make a person capable of controlling his mind and overcome several problems related to the mind. Hypnosis will help to interact with the unconscious mind of a person.

Most people think of hypnosis as a way of controlling someone and getting them to do things they usually would not do. Dictionary describes hypnosis as a sleep-like state or to be in a state that resembles sleep. But most hypnotist disagree with the statement that hypnosis has anything with the sleep rather they believe that it is heightened state of acute awareness.

Hypnosis then, using a hypnotists definition, is an altered state of consciousness... and in one way or another we have all experienced a light version of it - daydreaming being a good example.

Some of the hypnotists also believe it can direct their subject's focus mind and communicating with the subject's subconscious mind. The goal it to distract the conscious mind and avoid the resistance often given by the conscious mind.

Perhaps the greatest of all hypnosis secrets is the fact that it really is not that hard to learn. So many people are intrigued behind the subject and wish they knew how to hypnotize someone.

Hypnotizing others is much easier than most people think. Confidence is the critical factor for your hypnosis success. If you don't have confidence, then you will probably fail. But if you start your hypnosis practice with confidence then you will have positive attitude and succeed in this way.

Presuppositions are just one of the many techniques you can discover when you learn more about hypnotic mind control. First of all what is a presupposition? Well, a presupposition is very much like an assumption.

The most powerful way to hypnotize someone is through what is called covert hypnosis, which is also known as conversational hypnosis or Ericksonian hypnosis. With this method you can literally walk up to a complete stranger, hold a conversation with them and induce them into a trance.

Through hypnosis, you technically can influence the behaviour of others and lead them in a particular direction. You can do this in a way that they would normally resist. In general, it is a tool that increases suggestibility.

People may have heard of the 'sugar pill' illusion. This is where they are given a medication to solve a temporary illness; and claim to feel the medication taking effect. When in reality it was only a sugar pill, with no medicinal composition at all. Meaning of course... it is all in the mind.

Hypnosis is completely safe and the patient is always in control throughout the hypnotic state. Hypnosis is not sleeping and it is impossible to be stuck in a hypnotic state.

Such exploration of the power of the mind is both intriguing and fascinating. The best way to explore this subject further is to visit our Hypnotic Underworld and develop these skills yourself.

Learn Hypnosis

Andy Bolton
from the Underworld of Hypnosis