Welcome to the August issue of Westlaw UK What’s New.
We have a lot to tell you about in this issue, including some great new enhancements and content which is now live as well as a sneak peak of our refreshed pre-login web pages, which are launching soon.
Enhancements and content recently added to Westlaw UK include:
- Images in Documents
- New Journals: Freedom of Information and Privacy and Data Protection
- Changes to the IDS Employment Law Handbooks
- 2012 edition of Banks on Sentence
As well as all this, we have some great ‘Legislation’ tips and tricks in our Clues and Cues section and we’ve gone ‘Olympic’ themed for this edition’s Current Awareness Corner.
As always, should you have any questions or comments please contact our Customer Training and Support Team on 0800 028 2200 or at email@example.com
Enjoy the read!
The Westlaw UK team
THE AUGUST EDITION
FREEDOM OF INFORMATION
Coverage: Begins with 2012
Content Highlights: Freedom of Information is the UK’s leading professional journal in the field of freedom of information law and practice.
Contents: Freedom of Information is an invaluable source of news, practical articles and expert guidance for all those working with freedom of information issues. The journal is a relevant to practitioners in government departments, non-governmental organisations, local authorities, law firms, professional services firms, police authorities, media companies, NHS Trusts, fire services and universities.
PRIVACY AND DATA PROTECTION
Coverage: Begins with 2012
Content Highlights: Privacy & Data Protection is Europe’s leading English language journal on practical data protection compliance issues.</>
Contents: Privacy & Data Protection is an invaluable source of news, practical articles and expert guidance for professionals in the fields of data protection and information security. The Editorial Board comprises the world’s leading experts in field of data protection and data privacy.
Since June, we’ve added three new books and a looseleaf to the service and have three books and a looseleafs launching net week. You can read about each of the new titles below.
Bhala: MODERN GATT LAW
Author:Professor Raj Bhala
Practice Area:International Trade
LIVE 28 AUGUST 2013
Comprehensive coverage of the General Agreement on Tariffs and Trade (GATT) and related World Trade Organisation (WTO) agreements.
Modern GATT Law explains clearly and thoroughly the rules of GATT and connected provisions in other WTO treaties, whilst also examining the case law interpreting and applying these rules.
Modern GATT Law features all the information you need, including:
- Provides comprehensive, Article-by-Article analysis of the General Agreement on Tariffs and Trade (GATT)
- Explains thoroughly the provisions of the Agreement, together with detailed examination of the case law based on it
- Addresses the legal, economic, business and political aspects of each provision of GATT
- Examines, for each Article, the relevant business issues, explains the meaning of the Article, discusses all interpretative and adjudicatory decisions, and explores alternative theoretical underpinnings
- Analyses every interpretive note to GATT, as well as the WTO understandings on the various GATT Articles
- Highlights grey areas, conflicts between Articles and unresolved problems, clarifying the points at issue
- Goes in detail through the case law that has arisen since the inception of GATT
- Incorporates important new WTO cases, such as the Brazil Retreaded Tires and China Auto Parts cases
- Considers important recent antidumping cases
- Looks at the impact of the Doha Round
- Introduces important new legal research on trade and cultural products, on waivers, and on trade and morality
- Deals with the latest controversies about country-of-origin marks and about food security
PRESCRIPTION AND LIMITATION OF ACTIONS
Practice Area:David Johnston
LIVE 28 AUGUST 2013
For the Scottish legal practitioner, questions of prescription and limitation arise almost every day and are often of exceptional importance. Yet in all but the simplest case it is far from straightforward to identify precisely:
- When a right or obligation has been extinguished by negative prescription
- When it has been fortified by positive prescription, or
- When it has been barred by limitation
The terms of the statute that governs most of these questions, the Prescription and Limitation (Scotland) Act 1973, are complex and can be obscure . Practitioners therefore need a close examination of the 1973 Act and its operation in practice. This is the challenge taken up by David Johnston, who has a keen understanding and great practical experience of this area of the law.
THE LAW OF AGENCY IN SCOTLAND
Practice Area: Commercial Law
LIVE 28 AUGUST 2013
This is the first commentary title to tackle the law of Agency in Scotland in such a comprehensive fashion. It fully covers all different perspectives of Agency using an innovative structure, engaging with not only the agent’s power of representation but also the nature of the relationship between principal and agent. Relevant case law is also discussed on important subjects such as solicitor’s warranty of authority, including:
- Cheshire Mortgage Corporation Limited V Grandison
- Blemain Finance Limited V Balfour & Manson LLP
Although an in-depth treatment of the subject, this title is designed to offer practical advice to solicitors who need answers quickly on complex issues such as delictual liability to third parties and fiduciary obligations towards the principal, allowing you to navigate easily to the solutions you need.
MITCHELL, TAYLOR AND TALBOT ON CONFISCATION AND THE PROCEEDS OF CRIME (Looseleaf)
General Editors:Andrew R Mitchell, QC; Kennedy Talbot; Stephen Hellman
Practice Area:Criminal Law
Offering unrivalled guidance on all you need to know about confiscation, Mitchell, Taylor and Talbot on Confiscation and the Proceeds of Crime:
- Explains the law as it relates to restraint, receivership, confiscation, civil recovery, and money laundering
- Gives you step-by-step guidance on what needs to be done at every stage of the proceedings
- Includes a case and commentary section to show you how the law has been applied and interpreted by the courts
- Shows how the law works in practice using examples of key case law
- Includes helpful tools such as flowcharts, specialised forms, and precedents, to clarify complex areas and reduce the time you spend drafting
- Sets out the law relating to offences committed before and after implementation of the Proceeds of Crime Act 2002, so you can quickly locate the information relevant to the case on which you are working
- Covers all other relevant legislation including the Drug Trafficking Act 1994, Criminal Justice Act 1998, Terrorism Act 2000, Anti-Terrorism, Crime and Security Act 2001, and the Human Rights Act 1998
- Deals with international co-operation in relation to confiscation
- Provides extensive and detailed appendices, so you have everything you need in one place
*Books and Looseleafs are available as add-ons to a Westlaw UK subscription
The following legacy Acts have been fully annotated since 1 May 2012 and are now available on Westlaw UK:
- Agricultural Holdings (Amendment) (Scotland) Act 2012 (asp 6)
- Alcohol (Minimum Pricing) (Scotland) Act 2012 (asp 4)
- Trade Marks Act 1994
- Budget Act (Northern Ireland) 2010
- Budget (No. 2) Act (Northern Ireland) 2010
- Budget (No.3) Act (Northern Ireland) 2010
- Budget (No. 2) Act (Northern Ireland) 2012 (c.4)
- Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7)
- Finance Act 2012 (c.14)
- Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010
- Housing (Amendment) Act (Northern Ireland) 2010
- Land Registration etc. (Scotland) Act 2012 (asp 5)
- Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010
- National Library of Scotland Act 2012 (asp 3)
- Pensions Act (Northern Ireland) 2012 (c.3)
- Pensions Regulator Tribunal (Transfer of Functions) Act (Northern Ireland) 2010
- Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010
- Supply and Appropriation (Main Estimates) Act 2012 (c.13)
- Unsolicited Services (Trade and Business Directories) Act (Northern Ireland) 2010
- Water and Sewerage Services (Amendment) Act (Northern Ireland) 2010
- Welfare Reform Act (Northern Ireland) 2010
You can find more information on the Annotated Statutes Service here.
*Please note the Annotated Statutes service is available as an add-on to a current Westlaw UK subscription.
SEARCHING LEGISLATION ON WESTLAW UK
From the very foundations of UK law to the very latest legislative developments, our legislation service gives you a complete picture of the framework of the law.
Legislation on Westlaw UK allows you to see not only how a provision looks today, but also how previous versions have looked and how future versions will look without the need for cross-referencing the amending provisions.
Below are a few general tips on searching legislation.
From the welcome page, click the Legislation link from the navigation bar at the top of the screen.
This will take you to the Legislation basic search page, where you can search for Statutes and Statutory Instruments, Scottish Statutes and Statutory Instruments, Welsh Acts and Measures, Northern Ireland Statutes and Statutory Rules, Local Statutes and Ecclesiastical Measures by typing the name of the piece of legislation, the year and provision number (if required.) It is always good practice to type in the year to avoid retrieving multiple pieces of legislation. You can combine any of these types of information for a more accurate search.
The Basic Search will return the most current version of the full text. This can include provisions which are not yet in force, only partially in force or repealed. You can search for historical and prospective versions using the Advanced Search facility.
Use the Free Text field to look for terms or phrases relating to the legislation you want to find. Westlaw UK will search for these within the entire text of SIs and Statutes.
Both basic and advanced Free Text searches work using Terms and Connectors. If you enter a number of separate terms, Westlaw UK will automatically use the ‘&’ (AND) connector with them. This means that your search will return all documents that contain both of those words – not just instances where the words appear together.
For example entering mental health will return all documents containing mental and health. If you want to search for those terms together as a phrase, you should enter it as “mental health”.
Use the Title field to search for terms which appear in the title of a piece of Legislation. Entering terms in the Title field without quotation marks will retrieve all pieces of legislation with all those terms in the title. If you know the exact title of the Act or SI you are looking for, enter it in quotation marks, e.g. “Financial Services and Markets Act 2000” or “Income Tax (Dealers in Securities) Regulations 1992/568”.
For Statutory Instruments, if you know the year and the SI number, enter those into Title field to find the full text of the SI. For example: 2005/1970
If you enter the title of a piece of legislation without a provision number the arrangement of provisions document will be retrieved.
You can retrieve a specific provision by entering a number in the Provision Number field. Use the drop down menu to select a prefix format. You can then enter the number of your desired provision in the adjacent search box. If you wish to retrieve all parts of the legislation that have a provision number matching your entry please select any from the drop down menu.
The Statutory Definitions field enables you to find definitions in Acts and Statutory Instruments. You can search for a definition across all legislation or in conjunction with the Free Text and Title fields.
Once you start typing your chosen statutory definition, a list of suggestions will appear in the drop down list.
To make changes to your search click on Clear under the Search button and re-enter your query.
To access the advanced search facility, select Advanced Search in the top right of the Legislation basic search page.
The Advanced Search screen allows you to choose whether to restrict your search to the full text of legislation as it stands today or broaden it to include other versions. You can choose to narrow your search to look only for legislation as it stands today, as it stood in the past and as it will stand in the future.
Selecting Law in Force will allow you to retrieve the law as it stands today. Selecting Historic Law will allow you to retrieve all superseded provisions. Selecting Prospective Law will allow you to retrieve the law with any prospective amendments applied to date. Prospective amendments are being added on an ongoing basis and the Table of Amendments should be consulted to see if there are further prospective amendments.
Selecting the Point in Time option allows you to search for the full text of a provision as it stood on a particular date and selecting the Since option will retrieve all versions of a provision from the date specified onwards. Both these options require you to enter a date in the Date field.
For more details about the Free Text, Title, Provision Number and Stautory Definition fields, see Basic Search.
SEARCH RESULTS LISTS
When you run a search, Westlaw UK will retrieve documents matching your search terms. The order of documents will be primary legislation (statutes) first, followed by secondary legislation.
Searching for legislation using the Free Text function will return provisions of legislation containing the selected terms. The results list will show the name of the legislation as well as the title of the provision and the dates for which that version is current. If you search by legislation title only, the Arrangement of Act/SI for that piece of legislation will be returned.
Show Terms in Context
If you want to see where your terms appear in the result documents click on Terms in Context, the most relevant section of the document will be displayed with your terms highlighted in yellow.
Within a result list status icons may display next to the title of the legislation indicating that either the provision represents the:
Statutory Annotations Icon
Within a result list a Statutory Annotation icon may be displayed indicating an annotation is available.
Save as Alert
If you would like to be alerted when new legislation matching your search are added to Westlaw UK, select Save as Alert, at the top right of the page. From here you can also save your search terms indefinitely on Westlaw UK to re-run in the future.
Edit Search/New Search
You can edit your search or delete it and start a new one by selecting Edit Search or New Search , both at the top left of the page.
To narrow down a long list of results, you can search for additional terms. Just enter your new search term(s) in the field at the top of the page and click Search Within Results.
BROWSING FOR LEGISLATION
You can browse for legislation by jurisdiction (UK, Scotland, Wales and Northern Ireland) and subsequently by type, year and title.
Browsing By Type
Under each jurisdiction, you will be able to select your legislation documents by type, including Public and General Acts, Statutory Instruments or Local Acts.
Browsing By Year
From 1990 onwards, you can select a year – for legislation prior to 1990 select a time period (such as 1900-1909), from which you can then select the year you are looking for. Within each year you will see an alphabetical list of legislation published in that year.
Browsing By Title
Choose the first letter of the title you are looking for to see an alphabetical list of the Acts and Statutory Instruments available. Select a title to see the Arrangement of Act/SI for that piece of legislation.
If you have any questions regarding Case Analysis please feel free to contact the Customer Training and Support Team on 0800 028 2200 or e-mail firstname.lastname@example.org
THIS MONTH WE ARE FOCUSING ON ”OLYMPIC LAW”*
RECENT RELATED CASES*
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Training can be taken from home, the office, or anywhere you have internet access and a telephone line.
To view a full schedule of the upcoming sessions and register, visit the Westlaw UK training pages here.
If you have any questions please feel free to contact the Customer Training and Support Team on
0800 028 2200 or e-mail email@example.com
As always, should you have any questions on any of the above please contact our Customer Training and Support Team on 0800 028 2200 or e-mail firstname.lastname@example.org
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