Sullivans Law LLP Newsletter - Legal Solutions

Sullivans Law LLP Solicitors
December 2012
LEGAL
SOLUTIONS
Seasons Greetings and best wishes for 2013!
Legal Solutions
Last Orders?
1
Employer solutions
2
Case notes
2
If you are involved
in a car accident...
3
Property focus
4
H
ello and welcome to our
new quarterly client
newsletter — Legal
Solutions, which has been designed to keep you up to date with
developments which we hope may
be of interest to you.
In this issue:
• Paul Sullivan reports on a recent Court of Appeal decision
on the matter of liquor licensing.
• Kerry McNally introduces our
Continued growth
at Sullivans
4
innovative new legal solution for
employers: EmpLawyer.
involved in a road traffic accident? Catherine O’Hanlon has
the answers.
• Property focus with David
Sullivan.
I hope you will find Legal Solutions
to be informative. If there are any
particular areas you would like us
to cover in future issues, please let
do let us know.
On behalf of the Partners and
Staff, I would like to extend to
you our every best wish for this
holiday season and for the new
year ahead.
John Sullivan
Chairman
• What should you do if you are
Last Orders?
T
he Court of Appeal recently considered the
i n te r p r e ta ti o n o f th e
Licensing (Northern Ireland)
Order 1996 when an argument
was advanced that the word
“person”, for the purposes on
the Order, should be construed
to mean “licensee”.
In the run up to Christmas 2009,
PSNI called to the Mynt nightclub
in Belfast. The licence for the
premises permitted “intoxicating
liquor” to be sold until 1am. The
Order allows a further 30 minutes
drinking up time. When the PSNI
entered the Bar at 2.30am, they
found it to be open with customers
consuming alcohol. This wasn’t
disputed by the nightclub.
Paul Sullivan
Partner
The Deputy Manager of the bar,
who was on duty at the time, was
prosecuted under the Order.
It was argued, in his defence, that
only the holder of the licence could
be held liable for contravening it.
The matter ended up before the
Court of Appeal in October 2012.
The Lord Chief Justice, Sir Declan
Morgan, held that “a person”
should not be given anything other
than its “ordinary and natural
meaning”. The wording of the
Order contemplates that the offence may be committed by the
licensee or by his “servant or
agent”. The Court of Appeal concluded that either, and or both,
can be held liable.
The Order was drafted so that
alcohol would not be served
outside permitted hours and the
Courts will interpret it accordingly.
LEGAL SOLUTIONS
Employer Solutions
A
n innovative new programme, designed to
provide local businesses with employment and
equality law solutions, was recently launched by the Employment and Equality Law Group at
Sullivans.
Kerry McNally
Associate
For a fixed annual subscription,
the EmpLawyer Programme
includes:
• a full audit and review of employment documentation,
• unlimited direct telephone
advice (via a dedicated 0845number), and
• representation in the event of
a tribunal claim.
There is also an insurance
backed element designed to
provide your business with
cover for any tribunal award
that may be made.
EmpLawyer Programme Manager, Kerry McNally, said:
“What sets us apart from employment advice consultancies,
is the peace of mind that comes
from instructing us as professional employment lawyers.
That peace of mind is under-
Audit + Advice
+ Advocacy =
your Peace of Mind
pinned by legal professional
privilege, which is something
you won’t get with a non-lawyer
advisor and without which everything is discoverable, with no
duty of confidentiality nor any
professional or ethical accountability.”
Visit www.emplawyer.eu for
further information.
Case Notes...
Birmingham City Council v. Abdullah and Others [2012] UKSC 47
• Background
174 employees (“Workers”)
brought equal pay claims in the
High Court after they became
aware that the Council had provided certain benefits and payments to some of their former
colleagues who were employed
on work rated as equivalent
under a job evaluation scheme.
By the time the Workers discovered that their former colleagues
had received theses benefits
and payments, a period of six
months or more had passed,
which meant that they were out
of time to bring a claim for equal
pay before the Employment
Tribunal.
The case ended up before the
Supreme Court with the Council
arguing that these claims should
have been dealt with by an Employment Tribunal rather than
the High Court as it would have
been “more convenient” to deal
with the issues before the Employment Tribunal.
• Decision
• What does this decision
mean for Employers?
The Supreme Court dismissed
the Council’s appeal and held
that, even where an equal pay
claim would be out of time in the
Employment Tribunal, it can still
be brought in the civil courts,
unless there is some “abuse of
process”.
Employers will no longer be
“safe” from an equal pay claim
after six months, but may have
to keep watching the clock for a
further five and half years —
the time limit for bringing a claim
in the civil courts for breach of
contract being six years from the
date of breach.
Happy holidays!
Our offices will be closed on:
•
•
•
•
•
•
•
•
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Page 2
Thursday 13th December 2012 from 1pm (staff training)
Friday 21st December 2012 from 1pm
Christmas Eve
Christmas Day
Boxing Day
Thursday 27th December 2012
Friday 28th December 2012
Monday 31st December 2012
Tuesday 1st January 2013
December 2012
Sullivans Law LLP Solicitors
If you are involved in a car accident...
The claims management company may refer you to their
nominated firm of solicitors to
handle your claim. They will be
particularly forceful in insisting
that you instruct a firm from their
panel of solicitors rather than
your own solicitors. Advice and
representation provided by the
claims management company's
nominated solicitor may not be
completely independent.
Catherine O’Hanlon
Partner
I
ncreasingly injured parties
are being approached by
claims management companies who offer to arrange for a
replacement car, the repair of
your vehicle and to nominate a
solicitor to act on your behalf. In
the immediate aftermath of an
accident such assistance may
be welcomed. However, by
availing of such services you
may expose yourself to significant and unnecessary costs and
liabilities.
If you wish to have the use of a
replacement vehicle, the claims
management company will require you to enter into a credit
hire agreement with the provider
of the vehicle under which you
will have potential personal
liabilities. If your claim is unsuccessful, these may be significant. Even if you are successful,
you may be unable to recover all
of the charges for the car hire
from the at fault party as some
claims management companies
charge a hire fee higher than
"the going rate" for car hire. In
these circumstances you may
be personally liable for these
charges. Similar problems may
also arise with regard to car
repair costs.
You are free at all
times to instruct
your own solicitor
You should be aware that:
with the victim in the immediate
aftermath of an accident.
You should never under any
circumstances settle a claim for
personal injuries without the
benefit of a medical report and
independent legal advice. Failure to consult your own solicitor
will almost certainly result in you
receiving less than your full
entitlement for any personal
injuries you may sustain. You
should never allow an Insurance
Company to pressurise you into
accepting less than your case is
worth.
Keep this checklist in you glove
compartment — you never know
when it might come in handy...
Keep this checklist
in you glove
compartment…
Other driver:
……………………………………...
Address:
……………………………………...
……………………………………...
……………………………………...
Telephone:
Checklist
……………………………………...
Insurer:
• Call the emergency services,
……………………………………...
Policy Number:
• You are under no obligation
to accept their choice of solicitor
• You are free at all times to
instruct your own solicitor
if necessary – 999
• Move away from the damaged cars to somewhere safe
• If anyone is injured, call the
• We are here to represent you
and you alone
We will ensure that you are
provided with:
• A replacement vehicle
• Quick and efficient repair of
your vehicle
Witness:
PSNI
• Obtain registration number of
the vehicles involved
• Exchange information with
the other person(s) involved
(Names, addresses, telephone numbers, insurance
information - name of company and policy number)
• Maximum compensation for
• Get the names, addresses
any injuries you may have
sustained
and telephone numbers of
any witnesses
The practices of certain insurance companies have also
made life more difficult for accident victims seeking compensation. Certain insurers for the
party responsible for the accident will attempt to settle any
claim for compensation directly
……………………………………...
• Take pictures of the accident
using a camera phone or
digital camera
• Contact:
Catherine O'Hanlon
028 9077 4500 (24/7)
www.accidentallawyer.co.uk
……………………………………...
Address:
……………………………………...
……………………………………...
……………………………………...
Telephone:
……………………………………...
Notes:
……………………………………...
……………………………………...
……………………………………...
……………………………………...
……………………………………...
Page 3
December 2012
December 2012
Sullivans Law LLP Solicitors
Fortwilliam Chambers
531 Antrim Road
Belfast BT15 3BS
Northern Ireland
Telephone: 028 9077 4500
Fax: 028 9077 6363
www.sullivanslaw.co.uk
Property focus
B
ack to back is a term which has
come to be associated with prop-
David Sullivan
erty transactions in recent years
Partner
where a purchaser of a property completes
their transaction and then sells on the property to a third party, usually at a premium, the
and Equality Law, in May 2012. Kerry,
from Ballinascreen, Co. Derry, graduated in
Law & Government from the University of
Ulster before completing her training with a
leading law firm in England and specialising in employment law. She qualified as a
Solicitor in 2009.
same day.
• Catherine T. O’Hanlon LL.B. (Hons.),
Where there is a mortgage company involved, the Council of Mortgage Lenders
(CML) handbook lays down the standard
conditions that will apply to mortgage con-
To fail to do so may be considered profes-
tracts.
Your solicitor will act for you, obvi-
sionally negligent by a solicitor and could
ously, but will also have your chosen mort-
potentially expose their borrower client to
gage company as their client and so will owe
criminal prosecution before the Courts.
a duty to you both.
Such pitfalls can most easily be avoided
The current CML requirements include an
with the benefit of professional legal ad-
obligation to notify your chosen mortgage
vice.
company if the property has recently changed
hands.
Often, “recently” can be taken to
mean within 6 months, in some cases more.
Such back to back transactions must be
brought to the attention of your lender as an
Continued growth at
Sullivans
express condition of the mortgage advance.
Further, if you intend to remortgage soon
after completion, your lender will require that
they be notified as their consent will be
needed.
2012 was a year of continuing growth for
Sullivans, with a number of key additions
to the team.
Solicitor, was appointed Partner – Personal
Injury Litigation in July 2012. Catherine
attended St. Louise’s before moving to
London where she qualified as a Solicitor
in 1999. Catherine worked for a number of
leading litigation firms in Belfast, before
joining Sullivans.
• Joanne Moore LL.B. (Hons.) and Oonagh
McVeigh LLB. (Hons.) have been appointed as Legal Executives.
Paul Sullivan, said “We are delighted to welcome; Catherine O’Hanlon, Kerry McNally,
Oonagh McVeigh, and the return of Joanne
Moore, to our team.
Catherine has an unrivalled mix of plaintiff
and defendant litigation experience which,
along with Kerry’s expertise in what we see
as the growth area of employment law, will
ensure that we can continue to enhance our
provision of Business and Personal Legal
Solutions to both our existing client base and
beyond.”
• Kerry A. McNally LLB. (Hons.), Solicitor,
was appointed Associate – Employment
© 2012, Sullivans Solicitors. All rights reserved. Sullivans Solicitors is a trading style of Sullivans Law LLP, a limited liability partnership registered in Northern Ireland
under number NC684. Registered Office: Fortwilliam Chambers, 531 Antrim Road, Belfast, BT15 3BS, Northern Ireland. Any reference to a Partner means a member
of the LLP or an employee or consultant of equivalent qualification and standing. Regulated by the Law Society of Northern Ireland. Authorised and regulated by the
Solicitors Regulation Authority in England & Wales.