Previous Page  282 / 294 Next Page
Information
Show Menu
Previous Page 282 / 294 Next Page
Page Background

(3) The lawyers of a contracting State may exercise

all the activities stated in the aforementioned articles

1 and 2, by means of establishing a special office

with a lawyer of another contracting State.

Article 4

In the exercise of their activities upon the territory

or the jurisdictions of another State, the lawyers of a

contracting State shall be subject to their own pro-

fessional rules as well as to the professional rules

applicable to the territory of the contracting State

where the legal activities are exercised.

Article 5

(1) In the case of a breach of the professional rules

committed by a lawyer the professional association of a

contracting State where the breach has been committed,

may forbid or limit the exercise of the activities pre-

viously mentioned in Articles 1 and 2, by the

lawyer guilty of such breach upon all the territory and

before all the courts of the contracting State for a

definite or indefinite duration, provided however that

the disciplinary authorities of the contracting State con-

cerned have the necessary powers to exercise jurisdic-

tion.

(2) The disciplinary process is conducted and the

sanctions imposed and applied according to the pro-

fessional rules then existing in the contracting State

where the breach has occcurred.

(3) The disciplinary authorities of the contracting

State of origin of the lawyer who has committed the

breach will be notified of the institution of disciplinary

powers against him. In all cases, full and accurate

copies of the official file will be sent to these authorities.

Article 6

(1) This Convention will be ratified and the instru-

ments of ratification will be deposed before the Euro-

pean Commission in Brussels.

(2) This Convention will come into force on the

1st day of the 2nd month which will follow the date

of the deposit of the second instrument of ratification.

Article 7

The present Convention may be revised at the re-

quest of a contracting state, within a period of three

years after it has come into force.

Signed in Amsterdam on the 25th day of April 1970.

The Consultative Commission of European Bars met

in Luxembourg in the Palais Cassel on the 5th, 6th

and 7th October 1972 under the presidency of Maitre

de Gryse, dean of the National Order of Advocates of

Belgium. The reception on fhe 6th of October was

given by the Ministry of Justice of Luxembourg.

The Consultative Commission of the European Bars

having considered the report of Maitre Pettiti has

decided to pursue its action with a view to promoting

bi-lateral and multi-lateral Conventions amongst Euro-

pean Bars and if necessary amongst governments of

member States. These Conventions would define and

delimit the activities allowed under the heading of

"Consultation" other than temporary consultations.

The Commission would also adopt the principle of a

Convention and of professional rules which would have

the effect of ensuring organic co-operation amongst

advocates.

This Convention would also take note of the various

activities of the advocate's profession in each member

State. This Convention would also consider the equili-

brium necessary to sustain in practice the legitimate

interests of local Bars, notably those of member States

adjoining one another. This co-operation could be

realised by means of formal organic Conventions or by

any other means required. As a basis for a new Con-

vention the Consultative Commission would recommend

the project on the subject elaborated in Amsterdam as

well as the formal resolution adopted in Edinburgh by

actually limiting this project and this resolution to the

subject of consultation. These agreements when reached

can be brought officially to the notice of the bars

concerned and to the notice of legal professional asso-

ciations.

Record Damages of £77,000 awarded

Miss Merry Hamp, 18, who fought to regain her sight

after being blinded at school, was awarded record

damages of £76,878 in the High Court.

The sum paid to Miss Hamp, whose home is in Park

Road, Cheadle Hulme, Cheshire, was the highest ever

made to a woman in Britain for personal injuries and

also a High Court record.

With interest it is likely that Miss Hamp will receive

more than £80,000.

Miss Hamp, who now has severely restricted vision

after a series of operations, was praised by Mr. Justice

Phillips for her courage and perseverance since the

explosion in the laboratory at Mount Carmel Convent

School, Alderley Edge, Cheshire, six years ago.

He awarded her £36,000 for her pain and suffering

and loss of amenities of life; £11,000 for loss of future

earnings; £5,500 for future medical assistance, and

£28,849 agreed special damages for past operations and

other medical treatment.

The special damages also included £4,471 to her

father, Mr. John Hamp, a television producer. The

damages were awarded against the Sisters at St.

Joseph's Hospital, Mount Carmel Convent School.

The judge said that since the explosion, which

occurred while she was crushing chemicals for use by

the chemistry instructor, Miss Hamp had endured six

years of continual pain and discomfort, mostly in dark-

ness.

"During the last six years, she has undergone almost

constant treatment in this country, in Spain and

America in a couragous battle to save part of her

sight."

- 2 8 6