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British Embassy, Nepal fails to follow Compensation Laws for wall-collapse-deaths

Per http://www.accident-claim-expert.co.uk, under British Fatal Accident Act 1976 “close relatives can claim a bereavement payment – the pain and suffering for the loss of a close family member. This is a fixed sum of money and is divided amongst those entitled to claim it. As from the beginning of 2009 the amount is £11 800. You are entitled to claim bereavement damages if you are the wife, husband or civil partner of the deceased. If the deceased was a minor (under the age of 18 years) – you can only claim if you are a parent of the deceased and if the deceased was an illegitimate child you can only claim if you are the mother.”

Likewise, http://www.camplaw.co.uk ran headlines in June 2009 as “£30,000 fine for company in tragic wall collapse death accident”.

Similarly, per http://www.levenes.co.uk, in November 2008 “Yorkshire construction firm Illson has been ordered to pay £6,800 after one of its workers sustained serious back injuries when he fell more than three metres from a terrace retaining wall on a construction site in Leeds” and that “A building contractor has been fined £7,000 after a worker broke his back when a wall fell on him at a construction site in east London.”

Furthermore, on February 22, 2011 in an incident similar to Nepal involving a government authority and its negligence to adequately inspect, repair and avoid personal as well as public injuries, http://www.the-claim-solicitors.co.uk made it public that “Parents, whose toddler was crushed to death when a brick wall collapsed in high winds, may now claim compensation from Camden Council in London since its negligence has been found responsible for the fatal personal injury.” It further states that, “The council-owned boundary wall around a housing estate was only half a brick wide and it had been built in the 1970s. Cracks were found in the structure in 1997 and repairs had been made, but these were not carried out correctly. The London Borough of Camden, last year, initially denied it had failed in its health and safety duties but changed its plea in October 2010 to guilty, although saying it had done all that was reasonably practical to ensure the safety of the wall. However, Judge Deborah Taylor found the council’s inspection systems were “wholly inadequate” and that it had been responsible for suitable repairs being completed. The council was fined a total of £72,000 and ordered to pay £65,000 prosecution costs for the offences. The victim’s parents, who may consult a no win no fee solicitor regarding a damages payment, praised the persistent work of Health and Safety Executive inspectors in establishing liability for the personal injury accident.”

As the Embassy of United Kingdom, falls under the similar category of a Government Council, this is a dismay, disregards to the rule of law, equity and equality by the founders of common law. It is clear that the British Government is trying to avoid further liabilities and disregard the customary compensatory tort laws, applicable to the diplomats under the International Law.

The government should immediately demand that a just compensation be made to the grieved families as a just bereavement payment in the similar amount as imposed on Camden Council in London in 2011.

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बेलायतमा नेपालीले वकालत गर्न पाउने

लन्डन, भाद्र १८ – नेपालमा कानुन व्यवसायको अधिकार पाएकाले अब बेलायतमा समेत वकालत गर्न पाउने भएका छन् । बेलायत नेपाल जस्तो विकासोन्मुख राष्ट्रलाई वकालत गर्न बल्ल कानुनी मान्यता दिएको ‘सोलिसिटर रेगुलेसन अथोरिटी’ ले जनाएको छ ।

नेपालसहित अब एसियाबाट ‘क्वालिफाइड लयर्स ट्रान्सफर टेस्ट’ परीक्षामा सामेल हुन हङकङ, जापान, मलेसिया, सिंगापुर र चीनका कानुन व्यवसायीले मान्यता पाउने छन् । यो सूचीमा भारत, पाकिस्तान, श्रीलंका, बंगलादेशका कानुन व्यवसायी भने परेका छैनन् । विशेष गरी सम्पत्तिसम्बन्धी, देवानी, आचारसंहिता, लेखासम्बन्धी र कमन ल सम्बन्धी कानुनको परीक्षामा उत्तीर्णपश्चात् सीधै सोलिसिटर हुने प्रावधान छ ।

बेलायतमा कार्यरत नेपाली कानुन व्यवसायीको संगठन ‘बि्रटेन नेपाल लयर्स एसोसिएसन’ ले बेलायतको ल सोसाइटी र सोलिसिटर रेगुलेसन अथोरिटीसँग समन्वय राखी नेपालीलाई समेत अन्य राष्ट्रका कानुन व्यवसायीसरह मान्यता दिन पहल गर्दै आएको थियो । विशेष गरी एसोसिएसनका अध्यक्ष सोलिसिटर राजु थापा, संरक्षक प्राध्यापक सूर्य सुवेदी, उपाध्यक्ष देवेन्द्र श्रेष्ठ र महासचिव योगप्रसाद उपाध्यायको संयुक्त पहलमा नेपाललाई पनि अन्य राष्ट्रसरह ‘क्वालिफाइड लयर्स ट्रान्सफर टेस्ट’ को परीक्षामा समावेश गराउन निवेदन दिइएको थियो ।

‘यो हाम्रा लागि सुखद समाचार हो, यसले बेलायतमा अन्य नेपाली कानुन व्यवसायीलाई समेत सोलिसिटर बन्न ढोका खोलिदिएको छ,’ एसोसिएसन अध्यक्ष थापाले कान्तिपुरसँग भने, ‘यसबाट नेपाल राष्ट्रले समेत स्वणर्ीम अध्याय थपेको छ ।’

उनले बेलायतमा नेपालका कानुन व्यवसायीलाई अध्ययन गरी सोलिसिटर बन्न कम्तीमा ५ वर्ष र करिब ३० हजार पाउन्ड जुटाउन लाग्ने झन्झट पनि अब हट्ने बताए ।

एसोसिएसनका संरक्षक अन्तर्राष्ट्रिय कानुनविद् प्राध्यापक सुवेदीले नेपाली कानुन व्यवसायीले बेलायतजस्तो विकसित मुलुकमा आएर ‘क्वालिफाइड लयर्स ट्रान्सफर टेस्ट’ दिन पाउनु ठूलो उपलब्धि भएको बताए । बेलायतमा एक लाख हाराहारी नेपाली भए पनि अहिले एकमात्र सोलिसिटर राजु थापा कार्यरत छन् ।

http://www.ekantipur.com/np/2067/5/18/full-news/317261/

ANLUS welcomes Yog. P Upadhyay, Ph.D. (BNLA) as a member

ANLUS heartly welcomes Yog. P Upadhyay, Ph.D. (BNLA) as a member pursuant to his desire of affiliation with us.

Y.Upadhyay, Ph.D is not practicing at the moment but is involved in teaching and research in the UK universities, is mainly based at Sheffield Institute for Biotechnological Law and Ethics (SIBLE) which is an interdisciplinary research centre within the school of Law, University of Sheffield, Sheffield, UK. He is constantly working towards getting the Nepalese Law Practice License recognized in the UK.

Biography:

Yog Upadhyay Ph.D, Sheffield Institute for Biotechnological law and Ethics (SIBLE) School of Law, University of Sheffield, Y.Upadhyay@sheffield.ac.uk is working in various issues in relation to law and biotechnology with special focus on legal and moral philosophy. He has worked as a Research Associate, Sheffield Institute for Biotechnological Law and Ethics (SIBLE), School of Law, The University of Sheffield in EU FP6 project “Co-Extra”, investigating Legal, Ethical and regulatory issues on the co-existence of GM and Non-GM food within supply chains in EU ; EU FP6 project “FASTER”, investigating Intellectual property and conflict of laws issues in the trade/use of intellectual property through a network of networks and project PRIVIREAL (EU FP5 project investigating privacy and data protection under EU directive in the beginning of 2004).

He also served as a Post Graduate Tutor, School of Law, The University of Sheffield where he taught Understanding Law I and II (Includes basic teaching on Legal theory, Law of Contract, Equity and Tort) for the first year undergraduate Students through Seminar and colloquia and also delivered some seminars for LL.M intellectual Property (Covering international regime on Intellectual property and its relation to new technology specially TRIPS and its impact on new technology and some ethical considerations in last academic year) in addition to “MA in Biotechnological law and Ethics (MABLE)” through seminars and discussion groups with various other involvement in the MABLE, modules on “healthcare law and ethics”, Law of Contract, Sale of Goods, Company Law, Agency etc. on ACCA and BBS, Representation and Protection of the interest of Least Developed Countries in WTO” with Prof. Marise Cremona and Dr. Laukas A. Mistelis.

He has also been involved in teaching some seminar on “Post Graduate Diploma in International Commercial Arbitration”, served as a Court Member in ICC, International Court of Arbitration and practiced as an associate Advocate at Prof. Dhruba Bar Singh Thapa & Associates, Legal Research Associates and Lohani & Associates. Additionally he was a lecturer of commercial law at Apex College and Chartered Academics International.

He completed Ph.D from, School of Law, University of Sheffield, UK on North-South Conflict on Plant intellectual property Rights, LL.M (Commercial Law) and BL from Tribhuvan University, Nepal.

Some of his scholarly works include Liability under Bio-safety protocol, Business Law: Present and Emerging Trends, ‘Negotiating liability Under Biosafety Protocol’, Biodiversity Management and Food Sovereignty: Implementation Challenges for South Asia (2009), Biodiversity protection in the new constitution of Nepal (2009), Liability and Redress under Article 27 of Bio-safety protocol: Some options., Genomics, Society and Policy, Conflict of laws and Intellectual Property, Sui Generis System for protection of plant : Some options for least developed countries, Nature of WTO Dispute Settlement: Is it judicial?, Arbitration for Farmers,  Right to Die : Moral and Ethical aspects of assisted Suicide, Conflict of laws and policy issues in Intellectual property , Legal regime on Coexistence of Genetically Modified and Non-Modified Food, Legal Aspect of Creating International Financial Services Centre in Nepal, Judicial Discretion in Nepal: Principle and Practice, Dispute Settlement Mechanism of WTO and Least Developed Countries, Arbitration in Nepal,  Issues of Liability under Biosafety protocol, Protecting Traditional Knowledge under Multilateral Framework, North-South Conflict in Agriculture Bioethics and Liability and redress issues in the use of GM Crops: European legal regime.

He is affiliated with Nepal Bar Association, Nepal Bar Council, IUCN Commission on Environmental Law and special commission on Indigenous people, Small Claim Arbitration Group, ICC, International Court of Arbitration, Paris France and International Chamber of Commerce, Nepal National Committee.

February 2009 Bar Exam Stats of Foreign Attorneys

Graduates of ABA-approved law schools taking the examination for the first time passed at the rate of 73.3%, while foreign-educated first-time candidates had a passing rate of 37.1%. The Board examined 3,560 candidates in February, a record 44.1% of whom were foreign educated.
The passing rate for all candidates, including U.S. domestic-educated and foreign educated candidates, both first-time and repeat takers, was 41.7%.

For California Stats for February 2009 Exams, click here.

***ANLUS heartily welcomes new members***

ANLUS heartily welcomes the following law practitioners and law students who have expressed their interest in becoming member:

Mr. Shamvu Kumar Karki, Boulder, CO (720)341-8019 (shamvuji@gmail.com). Mr. Karki completed LL.M in Human Rights and Gender Justice from Kathmandu School of Law (2007) with dissertation on Application of International Humanitarian Law in Nepalese Armed Conflict (Special Reference with Arbitrary Arrest and Detention, Disappearance and Killings). He has a Bachelor of Law (B.L.) from Prithvi Narayan Campus, Pokhara, Tribhuvan University (2002) and an Intermediate of Law (1998).  He has also attended seminars such as International Human Rights and Humanitarian Law,; Socio-economic Rights and Good Governance; 3rd South Asian Solidarity for Rivers Peoples Forum, and Fair trial & development skills of using international human rights law in domestic situation.He worked for Advocacy Forum, Water and Energy Users’ Federation Nepal (WAFED) and Education Sector Advisory Team (ESAT). He is interested in working in the field based work and give direct benefit those people who are living in grassroots level, Human rights, Child rights field and advocacy and challenging opportunity to combine with multidisciplinary skills of right based works, human rights.

Pralad Bhattarai (bpralad@yahoo.com) is an Attorney from Nepal. He is currently in NYC working as a Research Intern in Asian American Legal Defense and Education Fund (AALDEF) Manhattan, NYC. He completed Bachelor in Laws (Five-Year LLB) in International Human Rights Law, Public International Law and International Humanitarian Law from Kathmandu School of Law (KSL), Nepal in 2008. He has participated in various conferences including the Consultative Conference on International Criminal Justice, Harvard University; 2007 Phillip C Jessup International Law Moot Court Competition, arguing before the International Court of Justice in The Case Concerning the Rotian Union; Second South Asian Henry Dunant Memorial Moot Court Competition; adjudged the “Best Memorial” and awarded with the Gold Medal; presented the paper titled “Protection of the Rights of Victims in International Criminal Justice System: Redress Mechanisms” in The Edict Conference, on the “Criminal Justice Delivery System in the Age of Globalization”; participated in the Asian Youth Conference titled “Challenges and Opportunities for Youth of Asia” organized by Young Liberals and Democrats of Asia; participated in the “Youth Seminar: Towards a Free and Responsible Society” organized by Youth Initiative Nepal, and participated in the “Fourth Human Rights Summer School Course on Human Rights and Globalization”. He is currently a Research Intern at the Asian American Legal Defense and Education Fund (AALDEF), Manhattan NY City, USA and is currently engaged in language rights of immigrant students in California and Bilingual School Teachers Case in Massachusetts projects.  He has also worked for the Judges’ Society Nepal; edited a Journal named “Nyaya Chautari”; been a liaison person between my office and The International Legal Foundation; researcher and a Rapporteur in the development of “Women and Children (Victim/Witness) Protection Guidelines” a joint venture of Judges’ Society, Nepal and National Judicial Academy Nepal; worked as a researcher during internship placement in International Committee of the Red Cross (ICRC) Nepal to name a few. He has written a LLB dissertation on “Addressing impunity in Nepal, requiring ratification of the Rome Statute of International Criminal Court: Problems and Prospects” and published number of articles in Law School Journal namely on Human Rights, Constitutionalism, and Transitional Justice etc.

Advocate Kabita Pokhrel (730) 314-8738 (kabpokhrel@gmail.com)is currently pursuing MBA studies in International Business Management in the US. She has practiced law at Law and Society Counseling and Research Center in Kathmandu, Nepal. She has moderated 3 days workshop on Child Rights in different district, organized by Central Child Welfare Board; conducting ‘Market Analysis for the Expansion of Rugmark Program’, Nepal Rugmark Foundation; worked as a Legal Research Officer with UNICEF’s Global Study on Child Poverty and Disparities, as a consultant for project review of NaLAN’s Prisoners’ Legal Aid and Paralegal Service project ; conducted Series of Human Right Training in different Districts, Nepal Bar Association; facilitated 4 days workshop on Principle of Federalism, organized by ICJ Nepal; oriented medical professionals of Star Hospital Pvt Ltd on” Legal and ethical issues in hospital management”; conducted School awareness program on child right, trafficking child abuse in different District organized by World Mobilization; Legal Research Officer Freedom Forum; prepared   Child right, Human Trafficking, CEDAW based documentation for different organizations; translated and done Rapporting on Public Security Reform in Nepal organized by Nepal Bar Association in collaboration with Enabling State Program Nepal. She also worked as a Program Officer (Legal) for The Daywalka Foundation (TDF), an INGO working for the prevention of human Trafficking especially of Women and Children. She has also conducted various workshops and Trainings ion the field of law. In addition she has also assisted in compilation and editing of the book named “Collection of Supreme Courts Verdict on Human Trafficking” published by TDF, Nepal, as well as on research project ‘A Study on Male Trafficker Prisoners’ conducted by TDF, Nepal. She worked as a Part time Lecturer with Lord Buddha Education Foundation teaching Business Law, Entrepreneurship Development, and Human Resource Management for B.Com.,BBA and MBA. Likewise she worked as a Volunteer Legal Officer with Legal Aid and Consultancy Center (LACC) and as a Lecturer with Marryland Higher Secondary School. She has a Masters in Law from Nepal Law Campus (2008), Masters in Business Studies from Central Management Department (2006), Bachelor in Law from Nepal Law Campus (2004) and a Bachelor in Business Studies from National Campus for Business Studies (2001)

Advocate Ganesh Shrestha, Pennsylvania (571) 236-3910 completed his Intermediate and Bachelor in Law from Nepal Law Campus, Tribhuwan University and a LLM from Purwaanchal University, Kathmandu School of Law (Criminal law and Justice). He has been in the legal profession since 1999. His expertise is in Criminal law and Forensic Science.

Advocate Basundhara Thapa Magar (UK) has been in legal practice in Nepal for almost 12 years. She has a LLM degree in Criminal Law from Kathmandu School of Law (2008) and is currently in the United Kingdom.

Advocate Bidur Dhungana is also currently in the US since July 2009.

Advocate Biswo Jit Khadka, Washington DC, completed Bachelor of Laws (LL.B) from Purbanchal University, Kathmandu School of Law (2009). He has conducted a one month research on ‘role of electronic media (on Televisions) in strengthening democracy and peace process in Nepal”; research on ‘Socio-economic, political situation and rights of marginalized communities’ in Far Eastern part (Ilam, Jhapa, Udaypur districts); ‘Advocacy and awareness program for active participation in Constituent assembly election’ for marginalized community in western Nepal (Banke and Bardia); observer in Constituent Assembly election for Bhaktapur district through election commission Nepal; conducted research on ‘crime trends and ratio in Kathmandu valley, after 2005/2006 people’s movement in Nepal’; supervised LL.B. students for research on ‘crime trends in Kathmandu valley and interned and researched in “Clinical legal education program” at Kathmandu School of Law under the USAID project. He is also a member of world society of victimology, an active member of Law Student society, Kathmandu school of Law, ‘Student Lawyer’ on Clinical legal education program at Kathmandu School of law on support of USAID; general member of International law student Association (ILSA) and  American Society of International Law (ASIL).

Advocate Dhani Ram Sapkota (201) 779-6394 is currently in Jersey City, NJ. He completed his LL.M. from Nepal Law Campus in 2001 and a Masters of Arts in Human Rights from Bangkok in 2008.

Ms. Amrita Chiluwal, Franklin Pierce Law Center, J.D. 2011, is a Nepali law student in the US looking to network with other Nepali lawyers.

Ms. Shrishti Kharel, undergrad South Dakota State University, Brookings, SD will be joining Law school for JD in 2010. She wants to network with Nepali Women Attorneys and Law Students in the US.

James Ugbogu is a young Nigerian Lawyer based in Nigeria, interested in becoming a member of ANLUS.

New Driving Laws of TX – Effective September 2009

New driving laws go into effect Tuesday, September 1 in Texas
  1. For the first time, everyone in a vehicle will need to wear a seat belt – not just those in the front seat or younger than 15.
  2. Drivers also must secure children younger than 8 in car safety seats, not just those 4 and younger.
  3. Talking on a cell phone while driving in a school zone will no longer be allowed.
  4. The restrictions are greater for younger drivers – they can’t talk on cell phones or text message at all while driving.
  5. How do I know if my child can safely ride without a booster seat?
  6. Vehicle manufacturers design their products for adults – not kids – and they support keeping kids in the appropriate safety or booster seat until the child can properly wear the adult safety belt.typically when they reach 4’9″ tall.
  7. Once your child has reached eight years old, to know when they can wear an adult seat belt properly without a booster seat, use this simple test:
  • Have your child sit on the vehicle seat, sitting all the way back, with their back straight against the back of the seat, and buckle the lap/shoulder belt over them.
  • Do their legs bend naturally at the knees over the edge of the seat?
  • Does the lap portion of the belt fit low over the hips and top of their thighs?
  • Does the shoulder portion of the belt fit across the center of their chest?
  • If the answer to any of these three questions is no, the child may be better protected in a booster seat.
  1. A child in a poorly-fitting adult seat belt usually slumps down, allowing the seat belt to ride up into their abdomen or neck, which can cause severe injuries to the child’s neck and internal organs during a car crash.
  2. Although there is no law that prevents youngsters from sitting in the front seat of a vehicle, the safest place for a child in a car is in a rear seat, properly buckled into a child safety seat or a booster seat.
  3. Air bags don’t replace child safety seats and may increase the risk of serious injury to children. Children younger than 13 should never ride in the front seats of vehicles with active passenger air bags. If you do have to transport a child in the front seat in an emergency – make sure the front seat is moved all the way back on the track, placing as much room as possible between the deployment zone of the air bag and the vehicle seat.  NEVER place a rear-facing safety seat on a front seat.

Information from the Texas Department of Public Safety.

Sirjana Sharma, LLM

Administrator/Moderator-ANLUS

Dual Citizenship for NRN in the Constitution of Republic of Nepal

The fundamental rights committee of the CA has agreed to propose inclusion of the provision of Dual Citizenship in the Constitution. It has proposed provision similar to the Overseas Indian Citizenship. It prohibits people with such citizenship from exercising political power, holding public positions and having voting rights. Apart from that they enjoy all other rights as a Nepali citizen.

Britain Nepal Lawyers Association expresses its concern over the current constitutional crisis

Britain Nepal Lawyers Association expresses its concern over the current constitutional crisis in Nepal. It has urged the President, Political Parties and all concerned to act wisely for sustainable peace, restore law and order and move forward towards the path of constitution making.

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