tag:blogger.com,1999:blog-70375612145760558072011-09-26T08:55:03.260-07:00anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.comBlogger361100tag:blogger.com,1999:blog-7037561214576055807.post-57920161532772643982011-04-27T04:45:00.000-07:002011-04-27T07:25:18.119-07:00

Fortunately I have won a lot more cases than I have lost over the years - otherwise maybe it would be worth thinking of another career - but on the occasions I have lost, clients have sometimes suggested to me that maybe the judge had 'got out of the wrong side of the bed today' or 'not had a good breakfast'. It would have been too flippant for me to accept these as valid reasons rather than any

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-875822796238333282011-02-18T07:05:00.000-08:002011-02-18T07:12:11.048-08:00

A recent case highlighted that English law must recognise legal relationships created in other countries even when they are repugnant to our own customs, as well as the importance of making a Will. The case of Official Solicitor to the Senior Courts v Yemoh concerned a man from Ghana who had six wives legally recognised under Ghanaian law who died leaving several properties including property in

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-1030378661985014452010-11-24T12:57:00.000-08:002010-11-29T03:32:24.219-08:00

We recently sought some feedback from diverse people on the new look of Kerseys website. Most of the comments have been positive and some 'constructively critical'. Quite a few of the suggestions for improvement we are aiming to incorporate over time. One or two have made suggestions to do things which we are not: we are not interested in presenting ourselves as slick, smooth, syndicated lawyers

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-7335880255795336442010-11-05T13:45:00.000-07:002010-11-05T14:33:37.126-07:00

Phil Woolas, ex-Home Office Minister and Labour MP, best known perhaps for his lambasting from Joanna Lumley over Ghurka rights, has found himself on the front page yet again for the wrong reasons. He is the first person to be judged against by an the little-convened Election Court, for 99 years. His charge was under section 106 of the Representation of the People 1983 which makes it an offence

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-84630044701339646742010-08-05T04:14:00.000-07:002010-08-05T08:00:35.540-07:00

The trial and convictions of the 10 year olds Jon Venables and Robert Thompson for the murder of 2 year olds James Bulger in 1993 are etched on the minds of all of us who were around at the time. Jon Venables was released from prison on life licence in 2001. It has now come to light that he has committed serious offences on licence, including download indecent images of children and worse still

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com1tag:blogger.com,1999:blog-7037561214576055807.post-55264738636038049592010-06-15T05:54:00.000-07:002010-06-15T09:02:41.957-07:00

In my practice as a litigation solicitor over the last 25 years many people have come into my office with a bundle of papers representing a complaint about some service they have received and told me how frustrated they have become with the process of complaining.. From their experiences I have distilled twelve basic tips to help you on your way to effective complaint.• Find out if there is a

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com1tag:blogger.com,1999:blog-7037561214576055807.post-44362044863159640072010-05-31T08:42:00.000-07:002010-05-31T10:00:08.935-07:00

A recent case has gone some way to clarify the law on use of tradenames for internet searching. The case concerned Google Interflora and Marks and Spencer. Type in Interflora and a Google search and you will get Marks and Spencer Flowers as the second sponsored link on the screenWhilst I'm not a techie I believed it has something to do with the keywords behind the M&S site which might include the

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-90568318088342243922010-05-15T13:11:00.000-07:002010-05-17T01:35:29.423-07:00

When I started Legal Eagle, about 18 months ago, I said that it would be as much about the politics of law as practical legal topics. Nothing could be more the politics of law than political reform itself and this is the topic of the minute as the new Liberal-Conservative coalition has committed itself to a referendum on a variant of proportional representation, the Alternative Vote System.

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-46813071600968344482010-05-07T09:28:00.000-07:002010-05-07T09:40:40.471-07:00

I did not expect to be returning from my recent stint as part of an election observer team in Sudan (see last blog entry) to find my services might have been put to use in the UK as well. But I was wrong. Insufficient ballot papers for the voters, voters names not found on the electoral register, people unable to vote due to slow processing before ballot closure, inconsistent decisions on

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-80811688924410904562010-04-20T11:27:00.000-07:002010-05-21T13:12:32.065-07:00

I am currently out in Sudan, having completed my first role as an international election observer but unable yet to return home due to all flights been held back due to volcanic ash from an Icelandic volcano. This does at least mean that I will certainly be here for the announcement of the election outcome which is scheduled for Thursday.Sudan is the tenth largest country in the world and the

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-61447677980124330462010-03-29T07:10:00.000-07:002010-03-30T01:24:08.573-07:00

At first blush it might seem odd or at least futile that the law could get involved in war. For war is after all the antithesis of law. It is what happens when legal remedies break down and states use other means to achieve their aims or vent their grievances. But in fact there is law relating to war and it has a very long history.Much of the law of war is predicated on the principle that the

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-44379074144903474082010-03-08T05:54:00.000-08:002010-03-16T04:45:35.555-07:00

A lot the work I do is dealing with legal problems. So it's nice to look sometimes and the creation of legal relationships not what happens when they go wrong. No legal relationship could be more important than the relationship of marriage.It cannot be denied that in UK at least marriage rates are declining. A useful site which graphically illustrates this trend is http://www.2-in-2-1.co.uk/. One

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-88529745821167777862010-03-07T02:28:00.000-08:002010-03-08T05:49:20.806-08:00

I would like to mention a recent important Court of Appeal case which is about solicitors being paid. You might think that this is only of interest to my profession and that just mentioning the subject only serves to show that what a money-grabbing lot we all are ( I know several lawyer jokes - some are very funny, e.g George Burns: And God said: 'Let there be Satan so they don't blame everything

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-53448558934227308352010-02-27T04:09:00.000-08:002010-03-08T09:13:03.940-08:00

A friend of mine Rambert (aka 'Ramby') de Mello was counsel in an important case decided in the Court of Appeal a couple of weeks ago brought by a Mr Ghai against Newcastle City Council : http://www.lawreports.co.uk/WLRD/2010/CACiv/R(Ghai)_v_Newcastle.htmThe case decided that Hindus can have open air cremations. Forget the alarmist vista painted by some. It does not mean that we will be seeing

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-16083800359686515502010-02-17T08:36:00.000-08:002010-02-17T14:57:22.786-08:00

You may have heard that some of the 5 MPs charged with offences under Theft Act 1968 relating to fiddling their parliamentary expenses have claimed the protection of the Bill of Rights 1689 in an effort to exempt themselves from facing trial. The attempt has caused some furore due to the highly charged nature of the issue, but as ever with such issues some of the comments on either side have

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-89108403377995201672010-01-31T08:47:00.000-08:002010-02-02T02:21:07.784-08:00

The following is an extract from a famous cross examination of an expert witness engineer by Sir Norman Birkett QC of Alfred Arthur Rouse who was tried for murder in 1930. Sir Norman Birkett was prosecutor and at the height of his powers. Alfred Rouse was accused of murdering a passenger in a car by setting light to it. The defence was that it was an accident. Defence counsel called an expert

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-55984141416348123162010-01-08T02:05:00.000-08:002010-01-08T03:13:42.482-08:00

The British don't do snow very well, presumably as it usually just comes for a short while and goes again quickly, not settling. So we don't really know how to cope when snow goes on for a few days and it's not worth committing masses of resources for this occasional eventuality.Some workers are staying at home as a result of the snowstorms. Indeed they are often advised 'only to make essential

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-18543256857387119752009-11-19T07:17:00.000-08:002009-11-20T05:31:34.584-08:00

Asbos (anti-social behaviour orders) have been an important tool in this government's fight against anti-social behaviour. As with many new legislative initiatives in this area there have been mixed results. Whilst some asbos have no doubt been found to give citizens of a given area much relief (although arguably this is at the expense of the next area where those subject to an asbo then turn

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-83435342894566375632009-10-19T07:23:00.000-07:002009-10-20T01:25:15.134-07:00

Many people in this country own land and that still tends to be the aspiration. They say an Englishman's home is his castle. Not so in other countries, France, Germany even the USA, where leasing property has always been as much as lifestyle choice and has never meant 'second best'. People are starting to think more this way here too, especially following the credit crunch which has taken us from

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-86795208343146108292009-10-12T08:48:00.001-07:002009-10-13T01:31:20.279-07:00

Often people disagree with judge's decisions. As I say to clients when advising on the risks of trial, in the end it is the judge's opinion. Unfortunately, that's the opinion that counts but then again if you are not happy there is often a right of appeal, if you've got the stomach and the purse for more litigation. What you can't do is show your dissatisfaction but disobeying the decision.

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-86806397619492637902009-09-20T02:38:00.000-07:002009-09-20T02:52:27.292-07:00

There aren't many poems about the law. Perhaps not surprisingly because the law is regarded as dry, of the mind not the spirit, perhaps even dull to the uninitiated.But on the other hand, I have known many lawyers and even some judges take poetic licence with the law occasionally...Anyway here's one poet, W H Auden, who was brave enough to do the reverse and take poetry into the law. Perhaps a

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-51998987382731867302009-09-20T01:19:00.000-07:002009-09-20T02:12:56.521-07:00

The last post was on the basics of contract law, one of the principal cornerstones of English common law. So I thought this time I would go for the other one, tort. It is of course not a word non-lawyers will be familiar with, but it essentially covers the categories of civil wrong which are not based on contract or statute. The main torts which spring to mind are trespass - to the person, to

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-17179585917142305202009-08-29T23:18:00.000-07:002009-08-30T01:24:12.942-07:00

My last post was about the Marx Brothers and their entanglements with contracts both on and off screen. It occurred to me could I do a more serious short post about what is a contract. The purpose of this blog is to reach curious non -lawyers not so much to engage will fellow legal professionals who I tend to engage with anyway. If asked could I accept a challenge to explain to the uninitiated

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-9139581623083946252009-07-19T01:08:00.000-07:002009-07-28T09:22:25.557-07:00

Between November 1932 and May 1933, victims of the Great Depression could cheer themselves up a bit by listening to the brilliant wit of Groucho and Chico Marx on the radio posing as attorneys at a small law firm in the States. The firm was called Flywheel, Shyster and Flywheel. Groucho was the eponymous Flywheel and there was in fact no Shyster in the firm, Chico playing Flywheel's assistant,

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-30639615610367789352009-07-14T07:41:00.000-07:002009-07-17T09:31:25.298-07:00

On a more light-hearted note, I thought I would mention a few laws that have been on the statute book for a while which have perhaps outlived their original purpose. One such is the Servants Character Act 1792 , still alive and kicking. The preamble to the Act says it all: Whereas many false and counterfeit characters of servants have either been given personally or in writing by evil disposed

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-16675593997554952372009-07-09T07:49:00.001-07:002009-07-09T07:50:18.696-07:00

For up to date information on the current Swine Flu pandemic please visit the following website;http://www.pandemicinfosite.com

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-53450990785540131042009-07-08T00:41:00.001-07:002009-07-08T01:33:57.689-07:00

In my practice as a litigation solicitor over the last 25 years many people have come into my office with a bundle of papers representing a complaint about some service they have received and told me how frustrated they have become with the process of complaining.. From their experiences I have distilled twelve basic tips to help you on your way.· Find out if there is a complaints procedure and

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-84495638473061319652009-06-30T07:40:00.000-07:002009-06-30T08:47:51.217-07:00

High hedges have been the source of much litigation. The main reason is that there is a clash of interests: one neighbour wants more privacy so grows his hedge height, the other neighbour wants light so wants to reduce the hedge height. The position in common law is that although you occasionally see an express right to light given in deeds, such a right is rarely implied in law, and where it is

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-5643903847590196362009-06-16T08:08:00.000-07:002009-06-16T09:17:00.998-07:00

I have just completed a trespass case arising out of travellers squatting on some open land owned by my clients. I tend to get a number of these cases in the summer as travelling communities move around, perhaps looking for new work.There are whole sections of the Civil Procedure Rules (CPR) devoted to the procedure for these kind of cases. The procedure can be quite fiddly and needs to be

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-38443761264934819562009-06-02T22:19:00.000-07:002009-06-03T06:29:43.154-07:00

Have you ever wondered what is the law relating to who owns hidden treasure which is later discovered? This is always a live issue, particularly in the summer months as enthusiasts trace over beaches with their metal detectors.The law on this goes back to the time of Edward the Confessor, so is originally very much part of the ancient common law. To be treasure in the first place, objects had to

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-501224553821811322009-05-29T09:30:00.000-07:002009-05-29T09:36:30.644-07:00

I am not an Ipswich person. I came to work here in 1990 and to live here in 1998 and my children have spent much of their formative years here as a result. When you come to work in a place and only later live in it, your feelings about it change over time. You see it first as an merely an extension of work. In my case, as a solicitor, I got to know first its courts and some of its offices and

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com1tag:blogger.com,1999:blog-7037561214576055807.post-7150182273923294182009-05-20T00:18:00.000-07:002009-05-20T01:06:20.080-07:00

On Monday the Court of Appeal handed down its judgement in the case of Private Smith v Ministry of Defence.Private Smith died of heatstroke whilst serving with the Territorial Army in Iraq in 2003.The case was not about compensation as such but about the narrow but very important point of whether Human Rights (specifically right to life) apply on the battlefield. In April 2208, the High Court

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-15674082248676833192009-05-13T00:06:00.001-07:002009-05-15T03:54:13.109-07:00

The trial I mentioned on 4th May was held yesterday. I was successful in obtaining an order under the Access to Neighbouring Land Act. The strict rules of confidentiality forbid me from saying more. The case will not be reported as it was in the county court although if my client wished or consented the outcome could be published by me. The press now have pretty free access to the courts and

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-33898465856402575782009-05-07T22:02:00.000-07:002009-05-09T11:20:57.883-07:00

The government has just announced proposals to amend the law about retention of DNA following a ruling by the European Court of Human Rights at the end of last year, Marper v United Kingdom. Cases were brought by two men whose DNA had been taken by the police but who had never been convicted. Michael Marper was charged with harassing his partner but the case was later dropped. He had no previous

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0tag:blogger.com,1999:blog-7037561214576055807.post-37115959212259738482009-05-05T02:39:00.000-07:002009-05-07T00:10:31.890-07:00

This morning Graham Cleaver interviewed me about care proceedings. We talked about the Baby P case which hit the headlines at the end of last year and prompted a review of children's services by Lord Laming who also carried out the review following the death of Victoria Climbie in 2000. Unfortunately as Lord Laming commented, not much has changed since his earlier report. Lord Laming recommended

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com4tag:blogger.com,1999:blog-7037561214576055807.post-45896974255955768612009-05-04T08:02:00.000-07:002009-05-06T02:12:51.000-07:00

I am preparing for a trial at the moment which is an application under the Access to Neighbouring Land Act. I don't think there are many precedents as most neighbours agree about access in the end rather than let the judge decide. The Access to Neighbouring Land Act 1992 provides that where a landowner reasonably needs to carry out certain types of work to his property, but cannot do so without

anthony woodinghttp://www.blogger.com/profile/15312780279335297008noreply@blogger.com0