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

Photo: soton.ac.uk/research/researchdir/images/law.jpg
 

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

Photo Courtesy: topnews.in/files/arrest-10_3.jpg
 

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>
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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

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.

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Andy Bolton
from the Underworld of Hypnosis