uklawyers legal newswires

By Steve Butler and Joe Reevy
Number  57
5th May 2005
 

Contents 

The Leading Question
Landlord Law Feature
Email Bounces Feature
Site Of The Week
uklawyers legal newswires
Practical Cases and Materials
Webby Awards Section
Oh! What Lovely Law!
Legal Practitioner

The Leading Question

How Can You Choose Who To Vote For? 

Justice should be apolitical, you would have thought.  There
should be an ideal, the "Golden Mean", which should guide all
humans to come to the same conclusions about any particular legal
problem.  So it should not matter which political party we vote
for, any of them should come up with more or less the same "just"
answer to the same legal problem.
 
As if !
 
But if they all come up with different answers, which is right and
which is wrong?
 
The case which prompted me to ponder the nature of right and wrong
was a French case reported in the papers on Tuesday.  A wronged
former husband was given €23,000 compensation because he spent a
substantial sum of money and 13 years of his life bringing up a
child whom he mistakenly thought was his daughter.  The basic
facts were not really unusual.  M marries W.  W has a boyfriend X.
W gives birth to daughter Y and is never really sure whether M or
X is the father.  M has no suspicions of this doubt.  13 years
later W leaves M and eventually marries X.  The child Y continues
to live with her "father" M.  W and X have DNA tests (which are in
fact illegal in France without a court order and so had to be
carried out in London) which show that X is actually Y's father.
Y is removed from M against her wishes and her surname is changed
to that of Y.  M claims compensation from W and X and the court
makes him an award which they have to pay.  Although unusual
enough to be generally reported (would that have happened in the
UK?) this case arises out of the general laws in France which give
certain advantages to natural fathers and their children in the
way of taxes, inheritance etc.
 
The point is that the whole attitude of the French courts to this
case is completely different to the attitude we would have here.
Removing a teenage child against her wishes from someone who had
cared for her all her life?  Giving a man compensation for looking
after his wife's child?  Where do these concepts fit into the
Children Act or the Matrimonial Causes Act?
 
Are the French right or wrong?  Is our system better than theirs
or worse?
 
Both countries are civilised.  Both have legal systems which are
ancient and full of experienced lawyers and judges.  Who is to say
which is right and which is wrong?
 
If it is so difficult to decide which is right and wrong about the
care of a child then how can we decide what is right and wrong
about something really complicated like conditional fee
agreements?  We have been struggling with problems about children
since before the days of Solomon (remember the threat to chop the
disputed child in half?) but have not yet found a perfect way
forward.
 
And if nobody can decide the difference between right and wrong in
legal matters, does it really matter which political party gets
into power?  Is there really such a difference between Right and
Left that you can guarantee that one side is right and the other
wrong?
 
How do YOU choose who to vote for?


Regards
Steve Butler
Solicitor
Newswire Editor

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Landlord Law Feature

Tessa Shepherdson's site now in association with lawindexpro
http://www.landlordlaw.co.uk/nonmembers.ihtml
Tessa's site appears to be determined to make money from the
internet as there is very little in the way of free information.
Is this the way forward?
 
Gary Webber has an excellent site about property law, including
landlord and tenant, with monthly updates, articles, archive and
an excellent links section:
http://www.propertylawuk.net/

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Personal Injury Updates for Clients

If you do personal injury work, our NEW service is for you. We provide eight summaries for clients every month of cases showing settlements etc achieved.  Usable as press releases, web content or in newsletters, our PI service gives you the sort of material that makes the phone ring in your PI department - at a fraction of the cost of commissioning to journalists or writing    in-house.

For more details of this, our content services covering
commercial, private client, commercial property, tax trust and
probate, employment law or our ready-to print newsletters and
monthly e-newsletter services for clients

 
Contact:     mail@words4business.com
or telephone us on 01392 423607

or fax on 01392 214495


For samples of our material and further details of our service see   www.words4business.com

Email Bounces Feature

Not so much a Feature, more a request for help.
The Microsoft Listbuilder package we use to send out the newswire
to subscribers automatically cancels your subscription if your
email bounces 3 times.  This is causing problems for some
subscribers.   If you know of anyone who has suddenly stopped
receiving the newswire for no apparent reason, then that is
probably why.  For example all our AOL subscribers lost their
Newswire last week apparently because the AOL system suddenly
defined our newswire as Spam!
 
"Bounces" are e-mail messages that are returned as undeliverable.
 
An e-mail message may bounce because:
- The recipient's mail server is experiencing temporary problems.
- The recipient's mail server is blocking all incoming e-mail from
List Builder.
- The recipient's mailbox is full.
- The recipient's Internet Service Provider (ISP) is filtering
incoming e-mail.
- The "send to" e-mail address is not valid.

If an e-mail is returned because the subscriber's e-mail address
does not exist, the List Builder servers immediately remove the
e-mail address from the List Builder databases and all List
Builder lists.
 
If the server is busy, or the subscriber's mailbox returned your
message, List Builder re-sends the e-mail campaign up to four
times over a two-week period. If the e-mail campaign is returned
all four times, the subscriber is removed from the List Builder
database.
 
Please will you ensure that your email administrator is aware of
this problem and does what can be done to prevent it.  If you know
of anyone who has suffered the loss of the newswire, please suggest
that they re-subscribe.
 
Many thanks.

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Site of the Week:

HM Revenue and Customs

The site of the amalgamated Inland Revenue and HM Customs and
Excise offices is a good source of information about tax matters.
They are trying to get more and more done on-line which will
eventually be good for practitioners.
http://www.hmrc.gov.uk/home.htm
 
There is a very useful "What's New" section which lists new
information - there is something almost every day:
 
Here is the Customs section "Guides and Business Briefs" page
which has a good list of helpful leaflets.
Here is the new IHT205 Form (to be submitted with every excepted
estate application for a Grant of Probate or Administration
whether lodged by personal applicant or solicitor) either to print
out
 or to fill-in on line.
 
The IHT206 Leaflet about filling in the IHT205 is 32 pages long
and so a beggar to print out.  The telephone ordering service
(0845 30 20 900) was very efficient in delivering copies of the
form to me (we need loads to send out to the clients who have to
sign the IHT205.)
There is no doubt that the IHT205 is a major retrograde step.  In
the past the Revenue were prepared to trust solicitors to make an
honest return but this horrible form makes it clear that they now
trust nobody.  So why the change?  I am sure it will have been
prompted by the fact that the Revenue will not be able to trust
the new breed of professional estate administrator who will soon
be able to charge for applying for Grants of Probate etc from the
probate registry.

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PRACTICAL CASES AND MATERIALS

Subjects
Commercial and Contract
Courses and CPD
Employment and Discrimination
General
Land and Environment
Legal Practice and Lawyers
Litigation, Courts and Human Rights
Money, Property and Tax
Personal Injury

Lawindexpro DEMO

Commercial and Contract

Competition Penalties
Argos Limited & Littlewoods Limited v OFT
Competition Appeal Tribunal
29 April 2005
CAT Site Judgment
"In that latter connection we observe that, in our view, a company
which accepts responsibility for an infringement of the Act and
takes steps to make reparation for the harm suffered, for example
by reimbursing consumers or by contributing to causes likely to
benefit the consumers in question, would in our view be entitled
to substantial mitigation of penalty. That, however, does not
arise in the present case. "
 
Arbitration
Ipco (Nigeria) Ltd v Nigerian National Petroleum Corp
[2005] EWHC 726 (Comm)
27/04/2005
BAILII Judgment
Arbitration in Lagos between two Nigerian parties - successful
party seeking to enforce award in London as a New York Convention
Award while proceedings are still pending in Lagos to set aside
the award - Enforcement of award adjourned on terms that losing
party pays undisputed sums due and provides security for
significant percentage of claim - consideration of relevant
sections of the 1996 Act.

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Courses and CPD 

National Association of Child Contact Centres

AGM/Conference 2 July 2005, Warwick University
3 hours CPD
0845 4500 280
contact@naccc.org.uk

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Employment and Discrimination

The following three items are reproduced with the kind permission
of 
Daniel Barnett, barrister:
23 May 2005
Tribunal Claim Forms
Under the new Procedural Rules, employment tribunal Claim Forms
must contain certain matters, including "details of the Claim".
The EAT has held that it is sufficient to identify the statutory
right that it is alleged has been breached (in that case, the
Claim Form just said 'flexible working' but provided no other
relevant details).
HHJ Prophet, overturning the tribunal's refusal to admit the
claim, held that the test is "...whether it can be discerned from
the claim as presented that the claimant is complaining of an
alleged breach of an employment rights which falls within the
jurisdiction of the Employment Tribunal" (para. 15).
He went on to make it clear that 'details of the claim' was not
the same thing as 'particulars of the claim', and if a chairman
thought that the claim was insufficiently particularised, the
correct approach is to order further particulars rather than
refuse to admit the claim.
Grimmer v KML Cityhopper

Equal Pay - Michelle Alabaster v DWP
The Court of Appeal has, this morning, handed down its decision in
Alabaster v DWP.
Last year in this case, the ECJ held that Article 141 required any
pay rise awarded to a pregnant woman between the beginning of the
pay reference period and the end of maternity leave should be
included when the amount of maternity leave is calculated -
whether or not the pay rise is backdated to the period covered by
the reference pay.
The Court of Appeal has now concluded the drama by stating that s1
of the Equal Pay Act 1970, insofar as it requires a pregnant woman
to cite a male comparator, should be disapplied (meaning that no
comparator is needed if it can be shown that the reason for not
paying the pay increase is because of the woman's pregnancy). This
adopts the House of Lords's approach in Webb v EMO Cargo.
The Court of Appeal declined to make any ruling, since it became
unnecessary once the need for a comparator was disapplied and Mrs
Alabaster could win her claim under the EqPA, on whether the 3
month time limit for claiming unlawful deductions under the
Employment Rights Act 1996 offended EU law.
As one would expect, this is a complicated decision. But after
eight years, and a trip to the ECJ, Mrs Alabaster has recovered
her 204.53 GBP. It's always nice for the DWP to maintain its firm
grasp of the concepts of proportionality.
Alabaster v DWP
 
27 April 2005
Territorial Jurisdiction
The Court of Appeal has, today, overturned the EAT's decision in
Saggar v Ministry of Defence.
Lt. Col. Saggar was an army officer. He served between 1982 and
1998 (16 years) in the UK. He was then posted to Cyprus for just
over three years. During the first year of that posting, he was
(allegedly) subjected to acts of race discrimination.
The employment tribunal (and, subsequently, the EAT) held that Lt.
Col. Saggar's employment was, at the relevant time, "wholly or
mainly outside Great Britain" and therefore the tribunal had no
jurisdiction to hear the substantive complaint of race
discrimination because of s8 of the Race Relations Act 1976.
The Court of Appeal has overturned this ruling. Mummery LJ (giving
the only judgment) held that the correct approach is to look at
where the employee is based for his entire period of employment
(in this case, 19 years). In that light, the tribunal should then
ask, 'was the employment wholly or mainly outside Great Britain?'
It has remitted the question to a different tribunal, with a
fairly clear steer that a period of three years abroad out of 19
years total service could not be said to be employment 'wholly or
mainly' outside Great Britain.
Note that the test for territorial jurisdiction has now changed
(see the new s8 of the Race Relations Act 1976, post July 2003).
The test is now whether work is done "wholly or partly" in Great
Britain (with an additional proviso granting jurisdiction if the
employer carries on business in Great Britain and the employee was
ordinarily resident in Great Britain when obtaining employment or
at any time during employment). Nevertheless, the Saggar decision
remains important, as tribunals will need to look at the entire
employment period when deciding whether the employee did work
'wholly or partly' in Great Britain.
Saggar v Ministry of Defence
Daily Law Notes Report Summary
 

To subscribe to Daniel Barnett's bulletins go to:
http://www.danielbarnett.co.uk/bulletins.htm
 

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General

Human Fertilisation
R (Quintavalle) v Human Fertilisation and Embryology Authority
(Secretary of State for Health intervening)
HL
28 April 2005
Daily Law Notes Report Summary
The Human Fertilisation and Embryology Authority had power to
licence the process of HLA typing to allow a woman, whose child
suffered from a genetic disorder and required a transplant of stem
cells from a donor, to choose an embryo for implantation to
produce a child without that disorder whose tissue was compatible
with that of the sick child.
House of Lords Judgment
 
Law Lords to Decide If Evidence Obtained by Torture is Admissible
Law Society Press Release
27 April 2005
In an appeal brought by 10 foreign nationals interned without
charge or trial, the House of Lords has agreed to hear the
submissions of 14 organisations who believe that under no
circumstances must torture evidence ever be heard in courts.

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Land and Environment 

CML Handbook Revision
On 6th May the Council of Mortgage Lenders will update the Handbook
to include lenders' new commonhold instructions. To find out more,
click here (pdf 32kb)

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Legal Practice and Lawyers 

Law Society Clarifies Appeals Policy
Law Society Guidance
25 April 2005
This policy statement is issued by the Compliance Board on appeals
against decisions made by the Consumer Complaints Service and the
Compliance Directorate. It is effective from 3 May 2005, and
clarifies the terminology and procedures relating to appeals and
reconsiderations of complaints and regulatory matters.
 
Law Society Interventions
Sritharan v Law Society [2005] EWCA Civ 476
CA
27 April 2005
Daily Law Notes Report Summary
Where a solicitor applied to the court for the withdrawal of an
intervention notice made by the Law Society under paras 1(1)(a)
and 6 of Sch1 to the Solicitors Act 1974, the court could only
restore the solicitor's practising certificate under para 6(5) of
Sch 1 if it ordered that the intervention notice be withdrawn.

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Litigation, Courts and Human Rights 

Human Rights - Investigation of Death in Custody
R (on the application of D) v Secretary of State for the Home
Department.
Administrative Court
28 April 2005
BAILII Judgment
The court gives guidance about minimum requirements of an
investigation into a prison death.
 
Pre-Issue Evidence
St Paul Dairy Industries NV v Unibel Exser BVBA
(Case C-104/03) ECJ
28 April 2005
Daily Law Notes Report Summary
An application, before proceedings were brought, for the taking of
evidence from a potential witness could not be granted as a
"provisional … protective measure" under art 24 of the Brussels
Convention(as amended) ("the Convention") where the purpose was to
enable the applicant to decide whether to bring a case and assess
its strength.
ECJ Judgment

Similar Fact Evidence in Civil Proceedings
O'Brien v Chief Constable of South Wales Police [2005] UKHL 26
HL
28 April 2005
Daily Law Notes Report Summary
The test of admissibility of similar fact evidence in civil
proceedings was that it was relevant only, as was potentially
probative of an issue in the case; the judge with management of
the litigation would then assess whether it should be admitted by
reference to the need for proportionality and expedition in
achieving a right result by a trial process which was fair to all
parties.
House of Lords Judgment
 
And see David Swarbrick's case map below

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Money, Property and Tax  

Child Trust Funds
CTF Bulletins 1 & 2
Inland Revenue Publications
26 April 2005
Designed for CTF providers and hence good information for
advisors.
 
Trust Deeds of Bond Issues - Indemnities
Concord Trust v Law Debenture Trust Corpn plc
HL
28 April 2005
Daily Law Notes Report Summary
Where a trust deed for a bond issue had provided that where there
had been a defined event of default the trustee was, subject to
being "indemnified to its satisfaction", to give the bond issuer a
notice of acceleration, the trustee had not been required, where
the issuer had disputed the existence of such an event, to resolve
that matter before issuing the notice; and the indemnity to be
given by the bondholders related only to covering the legal costs
of any challenges to the validity of the notice and not any
possible liability in damages should an invalid notice cause the
issuer commercial loss.
House of Lords Judgment
 
Income Tax - Small Company
Jones v Garnett (Inspector of Taxes)
CH.D.
27 April 2005
Daily Law Notes Report Summary
Arrangements by an IT specialist to carry on business through a
company acquired by him and his wife and from which they received
dividends ranked as a "settlement" for the purposes of s 660 A(1)
and G(1) of the Income and Corporation Taxes Act 1988 thus
imposing income tax liability on him as the "settlor" on dividend
payments to his wife in respect of a share owned by her in the
company. Section 660A(6) could not apply to exclude the
arrangements as being an "outright gift" by him to his wife.

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Personal Injury

Conditional Fees Guidance
U (acting through her mother and litigation friend) v Liverpool
City Council (Practice Note) [2005] EWCA Civ 475
CA
27 April 2005
Daily Law Notes Report Summary
The courts had no power to direct that a success fee was
recoverable under a conditional fee agreement at different rates
for different periods of the proceedings.


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Cases Generally

   -  As Good As Ever

Now with 91,407 cases indexed (another 100+ added this week) and
over 100,230 references
.
 
No other research site is so powerful for such a low price.
David is happy to provide subscribers to UKlawyers with a brief
guest account to test the service.
Ring 01484 717380 or 0773 187 4426 to subscribe or enquire.

Many cases have a CASE MAP, with links back to the cases cited
during legal argument and links forward to other cases where this
case was cited. 
This is an example:
O'Brien -v- Chief Constable of South Wales Police  [2005] UKHL 26
This case cites: Mapped case. This case is known to be cited by:
Click on the name of any case to re-centre the map on that case.
Mood Music Publishing Co -v- De Wolfe Ltd 1976-01-01 CA
Cited
3 citees Cited by 3
Regina -v- Boardman 1975-01-01 HL
Cited
2 citees Cited by 5
Regina -v- Kilbourne 1973-01-01 HL
Cited

Cited by 6
Director of Public Prosecutions -v- P 1991-01-01 HL
Cited
2 citees Cited by 10
Makin -v- Attorney-General for New South Wales 1894-01-01 PC
Cited

Cited by 9
Harris -v- Tippett 1811-01-01
Cited

Cited by 3
Metropolitan Asylum District Managers -v- Hill 1881-01-01 HL
Cited

Cited by 3
Regina -v- Edwards 1991-01-01 CACD
Cited
1 citees Cited by 2
Regina -v- Straffen 1952-08-20 CCA
Cited
4 citees Cited by 2
Berger -v- Raymond Sun Ltd 1984-01-01
Cited
2 citees Cited by 3
Sattin -v- National Union Bank Ltd 1978-02-21 CA
Cited
1 citees Cited by 3
Thorpe -v- Chief Constable of Greater Manchester Police 1989-01-01 CA
Cited
3 citees Cited by 2
Steel -v- Commissioner of the Metropolitan Police 1993-02-10
Cited
2 citees Cited by 2
Regina -v- Exall 1866-01-01
Cited

Cited by 1
Regina -v- Randall 2003-12-18 HL
Cited
12 citees Cited by 3
Regina -v- Z (Prior acquittal) 2000-06-23 HL
Cited
1 citees Cited by 4
Michael O'Brien -v- Chief Constable of the South Wales Police 2003-07-23 CA
Appeal from
22 citees Cited by 2
O'Brien -v- Chief Constable of South Wales Police
HL
2005-04-28
[2005] UKHL 26
Evidence

The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had obtained by improper pressure. Held: Evidence is dealt with in two stages. The court tests whether it is relevant and can therefore be admitted: "Such evidence is admissible if it is potentially probative of an issue in the action." Though the test may be simpler than for admission in criminal proceedings, a civil judge might bear in mind thee policy considerations which gave rise to those rules. At the second stage, the court decides the weight of the evidence and what value is to be placed upon it.

Statutes: [Criminal Justice Act 2003 101 102 103 104 105 106]

Judgment links: [Bailii]

Michael O'Brien -v- Chief Constable of the South Wales Police 2003-07-23 CA
Appealed to
22 citees Cited by 2
The content of the site includes not just recent
cases but older cases which are still significant and which are
not generally referred to in most other on-line services.  A vital
tool for legal research.  It is the most reasonably priced
encyclopaedic selection of cases on the internet.

David is developing his new CASE MAP which will make the research
process even easier.

Go to:
David Swarbrick's lawindexpro

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Webby Awards Section 

Webby Awards Site
 

Webby Awards 2005

The leading international award honouring excellence in Web
design, creativity, usability and functionality.  Established in
1996, the Webby Awards is presented by The International Academy
of Digital Arts and Sciences, a 500-member body of leading web
experts, business figures, luminaries, visionaries and creative
celebrities
http://www.webbyawards.com/
 
The winners' list:
http://www.webbyawards.com/webbys/current.php
 
Interesting winners:
http://www.worldcitizenguide.com/index2.html
 
http://www.findlaw.com
 
http://www.headlinehistory.co.uk/
 
http://www.virginradio.co.uk


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Oh!  What Lovely Law!

"Bleak House"  by Charles Dickens
Chapters 63 to 67 (of 67)
 
To read the original try:
http://www.online-literature.com/dickens/bleakhouse/
 
For the full serialisation go to:
http://www.uklawyers.co.uk/cms/article/bhserial

 
Previously in "Bleak House"
The two impoverished Wards of Court, Ada and Richard fall in love
as they begin their life with their guardian John Jarndyce and
their companion Esther.  Litigation about an old Jarndyce family
Will looms in the background and inexplicably links them to the
aristocratic Dedlock family.  By a series of accidents Lady
Dedlock discovers that Esther is her daughter, a child born out of
wedlock, who she thought had died but had been taken by Lady
Dedlock's sister and brought up as an orphan.  The Dedlock family
lawyer, Tulkinghorn, is aware of some sort of skeleton in Lady
Dedlock's cupboard but cannot quite work out what it is.  He
suspects that she is linked to the death of Captain Harden, a law
writer, and eventually obtains the evidence he needs from Harden's
old comrade Mr George.  Esther recovers from a life threatening
illness but is horribly scarred.  Lady Dedlock tells all to Esther
who promises to keep it a secret, although she does eventually
tell Jarndyce to whom she secretly becomes engaged to be married.
Tulkinghorn and Lady Dedlock have a confrontation, and Tulkinghorn
makes it clear to everyone involved that he is in charge, at
different times alienating all the main characters including Lady
Dedlock, Guppy the clerk, Hortense the maid and Mr George the
soldier.  The next day he is found dead, shot through the heart,
and Bucket, the detective, investigates.  George is arrested as
the obvious suspect but this is a ploy to trick the real murderer
who turns out to be Hortense, the dismissed maid.  Bucket explains
how it was that Hortense became involved in the course of which he
had to tell Sir Leicester all about Lady Dedlock's past.  He is so
distressed that he has a stroke.  Lady Dedlock, meanwhile,
realising the shame the scandal will bring on her husband flees
the house.  Bucket and Esther pursue her North to Bleak House and
then back to London, through a bitterly cold night.  They
eventually find her dead at the gate of the graveyard where her
lover is buried.  Time passes and Richard's unhealthy obsession
with the court case is heightened by the discovery of a new will
which is likely to bring the court case to a beneficial
conclusion.  Dr Woodcourt declares his love to Esther who is
unable to reciprocate because of her promise to marry Mr Jarndyce.

Chapter Sixty Three     Steel and Iron
George goes North to visit his long lost brother, the ironmaster,
and is made very welcome.  Loose ends are tied up.  Matt and Rosa
are to be married in 12 months after she has had a year's
education in Germany.  George decides not to work with his brother
but to join the staff of Sir Leicester at Chesney Wold.  George
explains that he had thought his old friend Captain Harden (Lady
Dedlock's lover and Esther's father) to be drowned after he
disappeared in a harbour accident, otherwise he would have sought
him out in London and helped him.  He then returns to Chesney
Wold.
 
Chapter Sixty Four     Esther's Narrative
Mr Jarndyce goes to Yorkshire and buys a house, which he calls
"Bleak House" like his own.  He calls Esther to view it,
ostensibly to help with housekeeping.  He explains to her that he
had realised some time ago that Dr Woodcourt loved her and that,
although Esther loved the doctor, she was going through with the
marriage to Mr Jarndyce through a sense of duty.  He had therefore
decided that for the sake of her happiness he would encourage Dr
Woodcourt's attentions and help him as much as he could to win
Esther's hand.  He approved of the match and wanted her to marry
the good doctor and live happily ever after.  No sooner has this
decision been acted upon with great joy by all concerned and a
wedding date fixed than Mr Guppy appears, says he has now passed
his articles and is setting himself up as a solicitor, and asks
Esther to marry him, again.  He is astonished when she refuses and
so misses the chance of a lifetime to marry a lawyer.  Amusing and
slightly cruel end to Mr Guppy's part in the story.
 
Chapter Sixty Five     Beginning the World
The discovery of the new will in the Jarndyce case was a great
revelation and started off a great deal of extra work for all the
lawyers and Richard's hopes were raised considerably by its
discovery.  The case is eventually called on and Esther and Allan
Woodcourt go along to see the judgment.  They are delayed because
they see Caddy Jellyby in the street (she is well and prosperous).
When they arrive, only 15 minutes late, they find a mass of
lawyers leaving the courtroom, laughing and joking.  Eventually
they find Mr Kenge, Mr Jarndyce's lawyer, and Vholes.  Kenge
explains with great embarrassment that the Jarndyce case is over
because all the monies have now been absorbed in costs.  They are
horrified and relieved in equal measure but Richard is devastated.
They find him in the court room, abandoned by Vholes, and in a
state of shock.  They persuade him to go home where, after seeking
forgiveness from everyone for the way he has behaved and
acknowledging his debt to the goodness of Mr Jarndyce, and
determining to begin anew in the world, he soon dies, passing to
the next world which sets this one right.
 
Chapter Sixty Six     Down In Lincolnshire
Sir Leicester recovers from his illness to a certain extent and
retires from public life to live in Chesney Wold with his cousin.
George goes and lives there.  He becomes Sir Leicester's companion
and looks after his old mother in her old age.  Lady Dedlock is
buried in a mausoleum in the grounds and the manner and
circumstances of her death are kept secret.
 
Chapter Sixty Seven     The Close of Esther's Narrative
Seven years have passed.  Esther is very happily married with two
daughters and her husband's medical practice is flourishing
because he is such a good doctor and she such a good doctor's
wife.  Ada had a son shortly after Richard died and her love for
the child helped her to overcome her grief.  She now lives with
John Jarndyce and acts as his housekeeper and he as her guardian.
Time cures all things, including even Esther's terrible facial
injuries, so that now her husband considers her to be prettier
than she ever was.
 
A damning indictment of lawyers in all their forms; a love story;
a whodunnit; a social commentary; a rich novel full of lively and
recognisable characters and incidents, "Bleak House" was
meticulously planned and beautifully written.  My summary has not
done it Justice, but when you've read this book, you will realise
that Justice is very difficult to come by.  Which is why the
novel, difficult as its 19th century style may be for modern
readers, is still worth recommending to all law students.