Donal Blaney, founder and Senior Partner of Weald based solicitors, Griffin Law, argues that the proposed court closures are “a false economy” and “a denial of citizens’ access to justice”. Blaney is a prominent Conservative lawyer, having acted for a number of well-known Tory MPs, MEPs, campaign groups and candidates. He is, however, unrepentant in attacking the Conservative-Liberal Democrat coalition.

Donal Blaney, Griffin Law’s founder and senior partner said:

“Ken Clarke says that closing 157 courts will save £15.3m a year. I accept the need to cut public spending – but closing 157 courts, many in rural areas, will simply deny citizens access to justice. What price can you put on access to justice? Expecting people to traipse across the county for a short court hearing is unreasonable. We should be investing more in our courts – not less”.

Among courts earmarked for closure are Ashford County Court & Gravesend County Court as well as Magistrates Courts in Ashford and Sittingbourne. The closure of a County Court and a Magistrates Court in Ashford is particularly ill thought through, given the government’s intention to grow the population of Ashford and surrounding villages.

Griffin Law is a niche litigation practice which achieved national and international prominence after its founder, Donal Blaney, successfully obtained an order restraining impersonation of him by an anonymous blogger using Twitter (where that order was served in a world first via Twitter, thus giving rise to what is now known as a “Blaney’s Blarney Order”).

Clients and members of the public who wish to object to the government’s proposals have until 15 September 2010 by when to lodge to objections. Further details can be found at http://www.justice.gov.uk/consultations/consultation-cp11-10.htm.

A copy of Griffin Law’s news release can be downloaded here.

But what therefore should employers and employees bear in mind?

1. Sickness - employers need to be realistic. While in an ideal world employees might be willing to work through the game and watch the highlights later that evening, savvy employers will be willing to accommodate their employees’ wishes. Most employees, presented with a fair deal by employers whereby they can watch the game provided they return to work afterwards, will be willing to act reasonably in return.

2. Alcohol – most employers will rightly be reluctant to allow employees to drink during the match, particularly if they are returning to work once the game ends. At the same time as offering employees the chance to watch the match on Thursday afternoon it may be prudent to remind staff that drinking or being incapacitated by alcohol during working hours may constitute grounds for disciplinary action or even dismissal.

3. Absenteeism – given how disappointing the World Cup has been thus far it is hopefully unlikely that staff will be taking excessive time off to watch the lunchtime and mid-afternoon kick-offs. If any employees have been taken an inordinate and suspicious amount of time off employers should not be shy in taking them to task – provided that employer’s policies are rigorously and fairly followed.

4. Discrimination – patriotic fervour can quickly spill over into inappropriate discriminatory conduct in the workplace, particularly in multi-racial or multi-national work environments. Who, after all, would want to be English, French, German, Italian or Spanish after this past week’s results? While not wishing to be po-faced, employers must be careful to ensure that good-natured joking does not end up becoming workplace bullying.

Rather than viewing the World Cup as an irritant, smart employers will view the competition as a chance to enhance office cameraderie and even (as counter-intuitive as it might sound) productivity. While the morning after the night before will often see employees discussing another bizarre team selection by Fabio Capello in the canteen, equally a good result for the England team may well spur on one’s employees to great feats themselves.

For further advice in relation to HR and employment issues for employers and employees, please contact Griffin Law for legal advice.

If lenders fail to follow the strict requirements of the Consumer Credit Act, an agreement between a lender and a consumer may be unenforceable.

This can see debts being written off, credit files expunged and legal costs met by the lenders – a happy outcome at a time of economic difficulties.

Griffin Law, working closely with the country’s leading Consumer Credit Act barristers in London, acts for consumers who wish to exercise their rights and who want to challenge the enforceability of

• Personal loans;
• Credit cards;
• Student loans;
• Hire purchase agreements; and
• Payment protection insurance policies.

Better still, if the unreasonable conduct of a lender results in an “unfair relationship” arising, lenders can sometimes be ordered to repay money to consumers. For that reason lenders are keen to settle claims rather than to face the wrath of the courts.

Griffin Law, as acknowledged experts in this field, are pleased to act for consumers under a conditional fee agreement – commonly known as a “no win, no fee agreement”. As the name suggests, this means that if our clients are not successful, we don’t get paid. If we win, the lender pays our fees.

As a leading firm of Consumer Credit Act lawyers, Griffin Law has also negotiated a highly favourable deal with a leading firm of insurers, so as to protect our clients from the risk of being ordered to pay the lenders’ costs if a case is unsuccessful. This after-the-event insurance policy is a unique product available only to Griffin Law clients.

After the havoc caused on our economy by the banks, it is only right that they are held to account by those who borrowed from them.

Wouldn’t you like the scales of justice tilted in your favour for once?

R is for Reasonable – Griffin Law offers its clients reasonably priced legal services.

I is for Intuitive – Griffin Law anticipates the goals of its clients and the developments in cases.

F is for Friendly – Griffin Law staff are welcoming and sympathetic to clients’ desires.

F is for Fast – Griffin Law is proactive, not reactive.

I is for Informative – Griffin Law shares its lawyers’ knowledge with its clients, helping them avoid future pitfalls.

N is for No-Nonsense – Griffin Law lawyers tell their clients what they need to hear, not what they want to hear.

L is for Local – Griffin Law is proud to act for local residents of Hawkhurst, Sandhurst and surrounding villages in the High Weald.

A is for Accurate – Griffin Law lawyers show a superior level of attention to detail.

W is for Winners – Griffin Law is the kind of law firm that you want on your side, not acting against you.

Griffin Law stands ready, willing and able to help those who are bullied and harassed by those who cower behind anonymity or who believe that they can bully with impunity.

In October 2009, Griffin Law obtained the first ever order anywhere in the world that provided for a court injunction to be served on an anonymous cyber bully via Twitter. This landmark precedent-setting judgment – known as a Blaney’s Blarney Order and reported worldwide – means that celebrities, sportsmen and politicians cannot be impersonated online by anonymous stalkers with impunity.

More importantly it means that children who are bullied at school, or those who are bullied because of their race, religion, sexuality, disability, age or gender, can finally discover the identity of their tormentors – and seek damages from them.

Standing up for those who cannot stand up for themselves and who do not know where to turn is at the heart of Griffin Law’s ethos. We are here to help if you or a family member or friend encounter any of the following.

• Stalking & Harassment
• Cyber Bullying & Harassment, including Facebook, Twitter, Websites, Blogs and Phone &Text Messages
• Workplace Bullying & Harassment

We are pleased to offer a no obligation fixed fee interview for £50.00 plus VAT (£58.75), lasting up to 20 minutes, in order to listen to your problems, analyse your case and give you some initial advice.

At this interview you will be advised of our fees and fee options encompassing discounted hourly rates, contingency fees, conditional fees, third party funding, legal expenses insurance and after-the-event insurance. We do not offer legal aid.

Please note that we are unable to give legal advice for free, nor do we give advice over the telephone or by email until you are an established client.

We are lawyers you want on your side. Wouldn’t you like the scales of justice tilted in your favour for once?

The Order which is called a Blaney’s Blarney Order after the subject matter – a blog called Blaney’s Blarney (donalblaney.com) – requires an unknown Twitter user anonymously posting under the same name, and thus breaching the copyright and intellectual property of the blog’s owner, to stop posting and immediately identify themselves.

The Blaney’s Blarney Order is the first order ever to be served via Twitter and signals an end to anonymous breaches of the law on Twitter or any other internet site.

Griffin Law, the solicitors who dealt with the matter, are experts in the law of the internet and have successfully prevented internet impersonation before on Facebook and Blogger.

Matthew Richardson, the barrister who devised and won the Blaney’s Blarney Order, said: “The Blaney’s Blarney Order is a huge step forward in preventing anonymous abuse of the internet. People have to learn that they can no longer hide behind the cloak of anonymity the internet provides and break the law with impunity.”

Donal Blaney, the victim of the anonymous impersonation and the principal of Griffin Law, said: “This is an important step in dealing with online bullying. The scales of justice have been tilted in favour of innocent victims today.”

This story has featured in the following:

• The Sun
• The Times
• The BBC
• Channel 4
• The Daily Telegraph
• The Independent
• The Daily Mail
• Metro 
• The Guardian
• The San Francisco Chronicle
• TIME

Blogs and specialist publications covering this legal first include:

• Guido Fawkes
• Tory Bear
• Shane Greer
• Huffington Post
• Reuters
• PC World
• Computer World
• Mac World
• PC Advisor
• IT World

The front page of this week’s Kent & Sussex Courier carries a story about one of Griffin Law’s clients, Colin Brown, along with a quote from the firm’s principal, Donal Blaney. Colin’s shop in Hawkhurst was burgled earlier this month and thanks to the failures of the Crown Prosecution Service, he is over £7,000 out of pocket and facing bankruptcy.

Click here to open our PDF document and read more or visit The Courier online here. ]]> http://www.griffinlaw.co.uk/home/2009/08/31/hello-world/feed/ 0 http://www.griffinlaw.co.uk/home/2009/08/27/education-law/ http://www.griffinlaw.co.uk/home/2009/08/27/education-law/#comments Thu, 27 Aug 2009 18:50:54 +0000 Donal Blaney http://www.griffinlaw.co.uk/home/?p=299 What can be more worrying for a parent than their child’s future – and in particular their child’s right to a good education.

Griffin Law is experienced in helping parents whose children have been excluded from school, who suffer bullying and harassment from teachers or other pupils, or who do not get a place at the school of their choice.

We also help ensure students with special educational needs have those needs properly looked after and that when schools, colleges or universities seek to discipline students, they do so fairly and in accordance with the law.

Griffin Law also acts for students who seek to hold universities and students’ unions to account, in particular to prevent any unlawful expenditures or acts.

We are pleased to offer a no obligation fixed fee interview for £50.00 plus VAT (£58.75), lasting up to 20 minutes, in order to listen to your problems, analyse your case and give you some initial advice.

At this interview you will be advised of our fees and fee options encompassing discounted hourly rates, contingency fees, conditional fees, third party funding, legal expenses insurance and after-the-event insurance. We do not offer legal aid.

Please note that we are unable to give legal advice for free, nor do we give advice over the telephone or by email until you are an established client.

We are lawyers you want on your side. Wouldn’t you like the scales of justice tilted in your favour for once?

Just as no English solicitor should seek to give advice on the laws of France, China or even the British Virgin Islands, so it is the case that no prudent attorney in the United States, Canada or Australia should give advice on English law.

Griffin Law is able to provide formal opinions and memoranda of advice on specific aspects of English law, in line with instructions received from foreign law firms.

Those firms instructing Griffin Law may be firms with whom Griffin Law has had a longstanding relationship or first-time instructions. But whoever instructs Griffin Law can be assured to receive prompt, accurate, commercially astute and cost-effective advice.

Some of that fear and mystique, however, is deserved – for a little knowledge can be a dangerous thing.

Griffin Law has considerable experience in dealing with offshore litigation, offshore companies and offshore trusts for individual, business or institutional clients and, through its network of offshore professionals, has access to the very best advice for foreign law firms and their clients in jurisdictions such as:

• Bahamas;
• Barbados;
• British Virgin Islands;
• Cayman Islands;
• Cyprus;
• Dubai;
• Guernsey;
• Hong Kong;
• Isle of Man;
• Jersey;
• Mauritius;
• New Zealand;
• Panama;
• Switzerland; and
• Uruguay.

When dealing with any dispute, the firm is anxious to ensure that a client – be it a claimant or defendant – comes through the dispute resolution process (be it litigation, arbitration, mediation or alternative dispute resolution) in one piece. Dispute resolution can be costly, stressful and time-consuming if not handled professionally and proactively.

With this in mind, Griffin Law has pioneered the production of Dispute Resolution Memoranda – detailed and fully costed case plans that can help litigants determine the most time and cost-efficient route, if any, to pursue.

In terms of funding disputes, Griffin Law is willing to countenance acting for clients not just on the standard, hourly rate basis but also on any of the following:

• Discounted Hourly Rate – whereby instead of charging our full hourly rates we will act on a discounted rate (ordinarily between 25% and 50%), recovering an enhanced hourly rate from the other side if and when the case is successful;
• Contingency Fee – we will act for your client on the basis of a percentage of any sum recovered from the other side without recourse to court proceedings (ordinarily between 25% and 40%);
• Conditional Fee – we will act for your client under a “no win, no fee” agreement where, if successful, we recover a considerably enhanced hourly rate from the other side while acting for your client for nothing (although your client is, as ever, compelled to pay any court fees and disbursements as a case progresses);
• Third Party Funding – we will work with you to seek funding from third parties who will all or most of your legal expenses as your case progresses in return for a percentage of any sum recovered;
• Legal Expenses Insurance – provided your insurers consent and the terms of your insurance are acceptable, we will act for you with our fees being paid by your insurers.

In addition to these forms of litigation funding, we will also help your client obtain after-the-event insurance, if appropriate, so that your client is protected against the risk of being ordered to pay your client’s opponent’s costs.

Whatever the dispute, and whatever the forum, Griffin Law is the firm you want on your client’s side.

Wouldn’t you like the scales of justice tipped in your client’s favour for once?

As a specialist litigation practice, Griffin Law can advise foreign firms and their clients of the procedures that need to be followed – and the chances for recovery of any judgment debts – at any from before the commencement of proceedings in another jurisdiction to the time that that foreign judgment actually needs to be registered and/or enforced through the English courts.

Griffin Law provides prompt, commercially astute and cost-effective advice to foreign law firms and their clients. If you would like assistance in registering or enforcing a foreign judgment in England & Wales, please contact us.

Griffin Law, working as appropriate with overseas consulates and London-based embassies and High Commissions, can help obtain the requisite immigration clearance to allow you and your family to live and work in Britain.

Working with experienced journalists and skilled technicians, Griffin Law can offer theoretical and practical training in how handle print journalists, techniques in dealing with radio and television interviews, how to use the new media effectively and the secrets to effective public speaking.

Topics covered include:

• How to handle the print and broadcast media;
• Dealing with nerves;
• The ten secrets of effective public speaking.

The day rate for media training or public speaking is £1,995, while the rate for half a day is £1,495. These rates exclude VAT and disbursements (including, but not limited to, travel, room hire, accommodation, tapes and other consummables).

The last thing your client will want is to spend additional money unnecessarily. The last thing you will want is to spend additional time unnecessarily.

Griffin Law is willing to act as your enforcer. Through persistence, proactivity and creative use of the procedures available to judgment creditors, and by agreeing not to poach your clients, Griffin Law can deal with:

• Attachment of Earnings;
• Charging Orders;
• Garnishee Orders;
• Judgment Summons;
• Oral Examination;
• Warrant of Delivery;
• Warrant of Execution.

British expats living overseas all too often complain that they do not have ready access to solicitors who can deal with their domestic needs back in the UK. By addressing that growing need, Griffin Law can help British expats with Wills, probate and other family related issues, including dealing with the sickness or death of UK-based relatives.

By working closely with your existing advisors and providing services to you in a prompt, cost-effective and commercial manner, Griffin Law can take away the worry of dealing with issues hundreds or thousands of miles back home.

By making a Will you are ensuring that your family and others specified in your Will are provided for. If you do not make a Will your estate will be distributed under the rules of intestacy as dictated by the Government; this is very unlikely to reflect your intentions and will probably increase the tax burden on your estate.

British expats living overseas all too often complain that they do not have ready access to solicitors who can deal with their domestic needs back in the UK. By addressing that growing need, Griffin Law can help British expats with property-related matters such as:

• Buying/selling homes or investment properties;
• Planning issues; and
• Property disputes (particularly property disputes arising out of investments in the United States and Mediterranean).

By working closely with your existing advisors and providing services to you in a prompt, cost-effective and commercial manner, Griffin Law can take away the worry of dealing with issues hundreds or thousands of miles back home.

British expats living overseas all too often complain that they do not have ready access to solicitors who can deal with their domestic needs back in the UK. By addressing that growing need, Griffin Law can help British expats with UK pension and insurance policy claims and disputes

By working closely with your existing advisors and providing services to you in a prompt, cost-effective and commercial manner, Griffin Law can take away the worry of dealing with issues hundreds or thousands of miles back home.

Planning

Griffin Law can handle all aspects of the planning process, from consultations with planning officers to the submission of planning applications to appeals. As the firm is a renowned litigation practice, the firm is well able to deal with matters when they become contentious.

Environment

We can advise on a variety of environmental protection measures such as under the pollution prevention and control, waste management or contaminated land regimes, and statutory, public or private nuisances.

We can also advise on environmental statements and the management of environmental risks and liabilities, whether clients are purchasers or vendors of property, conducting activities requiring an environmental licence or permit, dealing with pollution to land, air, water or regulatory/enforcement action.

Licensing

Griffin Law can also handle work relating to the licensing of the sale or supply of alcohol, the provision of regulated entertainment and late night refreshment under the provisions of the Licensing Act 2003, including applications to local authorities for personal and premises licenses.

Whereas most lobbying firms in the UK have evolved out of the PR industry, Griffin Law’s lobbying and public affairs practice is part and parcel of the firm itself.

Working closely with a team of public affairs consultants located throughout the United States, Europe and Britain, Griffin Law offers the following services:

• Bid Support;
• Campaign & Coalition Building;
• Grassroots Outreach;
• Intelligence, Monitoring & Analysis;
• Issues Advocacy;
• Media & Presentation Training;
• National, Devolved, Regional & Local Government Relations;
• New Media Campaigns;
• Operational Reviews;
• Political Crisis & Reputation Management;
• Political Risk & Strategy Workshops;
• Public Policy Trends & Analysis;
• Reputation & Communications Audits;
• Select Committee Training;
• Stakeholder Briefing Programmes.

Of particular interest is the firm’s new media expertise. This means that the firm is able not only to provide its clients with rigorous analysis based on unrivalled intelligence but the firm is able to equip its clients to be able to run grassroots campaigns that will help ensure clients achieve the desired result.