i-law

Litigation Letter

Identifying perpetrator of child injuries

T (a child) [2009] EWCA Civ 1208
Online Published Date:  22 December 2009

Clinical negligence

Farraj and others v King’s Health Care NHS Trust and others [2009] EWCA Civ 1203; LSG 3 December p19
Online Published Date:  22 December 2009

Abuse of process

Walbrook Trustees (Jersey Ltd) and others v Fattal and others [2009] EWCA Civ 297; LSG 15 October p16
Online Published Date:  22 December 2009

Judicial activism

In a two-page article in the Solicitors Journal of 24 November Graham Huntley of Lovells propounded that amending procedural codes is not enough to resolve the costs problem in complex commercial litigation; the judges themselves should address..
Online Published Date:  22 December 2009

Claims against the police

Johnston v The Chief Constable of Merseyside Police [2009] EWHC 2969 (QB); SJ 8 December p10
Online Published Date:  22 December 2009

‘Lies are told in litigation every day’

Widlake v BAA Ltd [2009] EWCA Civ 1256 CA 23 November; SJ 1 December p29
Online Published Date:  22 December 2009

One agreement or two?

Southern Pacific Mortgage Ltd v Heath CA TLR 20 November
Online Published Date:  22 December 2009

Stigma loss of £2.79m

Chagger v Abbey National [2009] EWCA Civ 1202 13 November
Online Published Date:  22 December 2009

Privacy complaint

Mr Max Mosley’s claim that English law does not offer sufficient protection for claimants in privacy cases has been declared admissible by the European Court of Human Rights. He claims that English law does not go far enough to protect the..
Online Published Date:  22 December 2009

Repudiatory breach

Mayhaven Healthcare Ltd v (1) David Bothma (2) Teresa Bothma (T/A DAB Builders) [2009] EWHC 2634 (TCC) QBD 26 October
Online Published Date:  22 December 2009

Closed material and special applicants

Al Rawi and others v Security Services and others [2009] EWHC 2959 (QB); TLR 24 November; NLJ 27 November p1668
Online Published Date:  22 December 2009

Employer’s liability

The Third Parties (Rights Against Insurers) Bill will enable the victims of accidents at work whose employers become insolvent to recover compensation directly from their insurers. Commenting on the bill, Tom Jones of Thompsons said it would remove..
Online Published Date:  22 December 2009

Compromise agreements

Gibb v Maidstone & Tunbridge Wells NHS Trust [2009] IRLR 707, [2009] EWHC 862, [2009] All ER (D) 209 (Apr); NLJ 9 October p1380
Online Published Date:  22 December 2009

Interim care order

In the matter of B (a child) sub nom KB (by her guardian)
Online Published Date:  22 December 2009

Child outside the EU

In re I (a child) (jurisdiction) Supreme Court [2009] UKSC 10 TLR 4 December; SJ 8 December p32
Online Published Date:  22 December 2009

Breach of an unless order

Neary v Governing Body of St Albans Girls’ School and another [2009] EWCA Civ 1190
Online Published Date:  22 December 2009

Contested will

David Robert Perrins v (1) Richard Philip Holland (as executor of the estate of Robert Merrins, deceased) (2) Sharon Ruth Moore (as executor of the estate of Robert Perrins, deceased) (3) Anne Dooney [2009] EWHC 2558 (Ch) Ch D (Birmingham) 21 October
Online Published Date:  22 December 2009

Grandmother prevails

In re B (a child) (Residence Order) Supreme Court [2009] UKSC 5; TLR 23 November
Online Published Date:  22 December 2009

Prohibiting further applications

C (a child) [2009] EWCA Civ 674; SJ 8 December p30
Online Published Date:  22 December 2009

Second action

McDonnell and another v Walker [2009] EWCA Civ 1257 24 November; SJ 1 December p29
Online Published Date:  22 December 2009

Substitution of defendants

Aventis Pasteur v O’Byrne ECJ C-358/08; SJ 8 December p5
Online Published Date:  22 December 2009

Access to Court of Protection

Independent News and Media Ltd and others v A FD TLR 17 November
Online Published Date:  22 December 2009

Retention of private documents

White v Withers & Dearle [2009] EWCA Civ 1122; SJ 3 November p4
Online Published Date:  22 December 2009

Referral fees

Des Hudson, the chief executive of the Law Society, has welcomed the news that the Legal Services Board’s consumer panel has indicated it will look at referral fees as a priority ‘because it has been a matter of controversy for some time..
Online Published Date:  22 December 2009

Intention to occupy

Patel and another v Keles and another [2009] EWCA Civ 1187; TLR 8 December
Online Published Date:  22 December 2009

Jurisdiction

Choudhary and others v Bhatter and others [2009] EWCA Civ 1176; TLR 20 November
Online Published Date:  22 December 2009

Interim removal of child

L-A (children) [2009] EWCA Civ 822; SJ 8 December p30
Online Published Date:  22 December 2009

No costs set-off

Amin and another v Amin and 17 others (costs) [2010] EWHC 827 (Ch); Costs Lawyer May p15
Online Published Date:  26 December 2009

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