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The Civil Procedure (Amendment No 3) Rules 2008
These Rules, which come into force on 6 April, amend the CPR in that they:
amend r7.4(3) as a consequence of amendments being made to two Practice Directions supplementing Part 7;
amend r16.3 as a consequence of the increase in the financial..
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02 February 2009
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Direct access to the Bar
According to a report ‘Straight there, No Detours: Direct Access to Barristers’ published by the Westminster School of Law, 89% of those who bypassed solicitors and instructed barristers directly were said to have believed they got..
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02 February 2009
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ADR?
In her Hamlyn Lectures, Judging Civil Justice, in December Dame Hazel Glenn, Professor of Socio-legal Studies at University College London, considered developments in alternative dispute resolution (ADR) policy and practice in civil justice over..
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Signature of bill
Megantic Services Ltd v Dorsey & Whitney [2008] EWHC 2662 QBD 15 July
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Wasted costs order
Hallam-Peel & Co v Southwark LBC [2008] EWCA Civ 1120 21 October
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Appeal must be based on valid criticism
Sibley & Co v Reachbyte Ltd and another [2008] EWHC 2665 ChD 4 November
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Pre-action practice direction
The latest draft Practice Direction for Pre-Action Conduct (PDPAC) was published on 17 December. It is intended that the practice direction will come into force in April and replace the present Practice Direction on Protocols. The draft is divided..
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Ancillary relief appeal
Judge v Judge [2008] EWCA Civ 1458 19 December
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Success fee reduced
C v W [2008] EWCA Civ 1459; NLJ 16 January p73
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No BTE or ATE enquiry
Bray Walker Solicitors and others v Silvera [2008] EWHC 3147 QBD 18 December
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Off-piste skiing accident
Anderson v Lyotier & Portejoie [2008] EWHC 790; SJ 9 December 2008
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The ‘but for’ test in occupational stress
Dickens v O2 Plc [2008] EWCA Civ 1144
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Employers’ liability insurers
Durham v Builders Accident Insurance (run off) Ltd and other cases [2008] EWHC QBD 2692 (The Employers’ Liability Trigger Group Litigation)
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02 February 2009
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Disputing validity of Part 36 offer
J Murphy & Sons Ltd v Johnston Precast Ltd [2008] EWHC 3104 (TCC) 16 December
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Gambling debts
Calvert v William Hill Credit Ltd CA TLR 30 December; NLJ 2 & 9 January p36
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(1) Litigation privilege (2) No defamatory meaning
Freeguard v Martlet Homes CA Civ Div 4 December 2008; TLR 15 January;
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Payment by third party
Treasure & Son Ltd v Martin Dawes [2008] EWHC 2181 (TCC) 15 September
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Challenging judgment
In re M (a child) (Non-accidental injury: Burden of proof) CA TLR 16 December
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Setting aside disposition of family asset
Ansari v Ansari CA TLR 16 January
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Prohibiting further applications
Section 91(14) of the Children Act 1989 provides: ‘On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order..
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02 February 2009
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Sexual harassment
English v Thomas Sanderson Ltd CA TLR 5 January; SJ 13 January p 31
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Enforcement
In their article, ‘Avoiding a pyrrhic victory’, which was published in the New Law Journal of 2 and 9 January, James Lewis and Kit Jarvis discussed recent case law on enforcement.
Where other methods of execution such as charging orders..
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Post-nuptial agreements
MacLeod v MacLeod PC TLR 29 December
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Fact-finding hearing
Re K (children) (sexual abuse: Evidence) [2008] All ER (D) 85 (Oct)
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Judge disqualified by FDR
Myerson v Myerson CA TLR 7 January
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Embarrassing a foreign state
Korea National Insurance Corporation v Allianz Global Corporate & Speciality AG CA TLR 22 December
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Loss of right to buy
Knowsley Housing Trust v White; Shepherd’s Bush Housing Association v Porter; Islington LBC v Honeyghan-Green H of L TLR 15 December; SJ 13 January p 32
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One stop shop?
ACP Capital Ltd v IFR Capital Plc and another [2008] EWHC 1627 (Comm) Lloyd’s Law Reports 17 December
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Proposed increases
The Ministry of Justice persists in its policy of full-cost recovery for the civil courts. The critics persist in saying that the civil courts are part of the structure of a civilised society and not commercial enterprises and in any event complain..
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Challenging awards
In a useful two-page article in the New Law Journal of 30 January, Jonathan Cohen of Duane Morris considered two rare successful challenges of arbitration awards on the grounds of ‘serious irregularity’. The cases were Van Der..
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23 February 2009
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EU cross-border claims
The Civil Procedure (Amendment) Rules 2008 brought into force European regulations incorporating the European Order for Payments (EOP) and the European Small Claims Procedure (ESCP) with effect from 12 December 2008 and 1 January respectively. The..
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23 February 2009
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Retrospective CFA
Birmingham City Council v Forde [2009] EWHC 12 (QB) 13 January
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Security
Jones v Environcom [2008] ALL ER (D) 115 (Jan); NLJ 6 February p191
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Fast-track costs for small claims
Birmingham City Council v Lee [2008] EWCA Civ 891
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Supercases
At a recent symposium Sir Richard Aikens, chairman of the Judicial Working Party on ‘supercases’, confirmed that, contrary to the views of many City litigators, the list of issues required to be settled at the first case-management..
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23 February 2009
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Risk assessment
Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust CA TLR 3 February
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Jackson Review
In a prompt response to the Review of Civil Litigation Costs by Sir Rupert Jackson (27/LLp112) the Association of Law Costs Draftsmen was of the opinion that no one form of funding is appropriate in all cases but that there should be an order to..
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23 February 2009
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Single Equality Bill
The government announced in the Queen’s Speech on 3 December that a Single Equality Bill was being drafted which is expected to be published in March or April. The bill will extend, simplify and harmonise the range of legislation that..
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23 February 2009
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French or English law?
Maher and another v Groupama Grand Est [2009] EWHC 38 (QB); [2009] ALL ER (D) 183 (Jan)
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23 February 2009
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Ancillary relief in bigamous marriage
Hashem v Shayif and another [2008] EWHC 2380 (Fam)
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23 February 2009
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e-Disclosure
In an article entitled ‘A shock to the system’ in the New Law Journal of 23 January, Ed Sautter and Alfred Church considered the decision in Digicel v Cable & Wireless [2008] ALL ER (D) 226 and its guidance on three fundamental..
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23 February 2009
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Holiday entitlement accrues during illness
Stringer and others v HM Revenue and Customs Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06 TLR 28 January
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Shared residence and relocation
ETS v BT [2009] EWCA Civ 20
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Disclosure and privacy
White v Withers and another [2008] EWHC 2821 (QB)
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Housing and shared residence
Holmes-Moorhouse v Richmond-upon-Thames LBC [2009] UKHL 7 TLR 5 February
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Committal for child abduction
Re A (Abduction: Contempt) [2008] EWCA Civ 1138; [2009] 1 FLR 1
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Maintenance pending suit
M v M [2009] Family Law 8
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Extended civil restraint order
Forrester Ketley & Co v Brent [2008] EWHC 3150 (Ch) 19 December
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Law Society survey
The Law Society has published Litigation funding, a survey of what it perceives to be the key issues in funding litigation and setting out the relevant background information.
The introduction explains:
‘The Law Society is seeking your views..
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23 February 2009
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Non-molestation applications down since 2002
The Legal Services Commission (LSC) has published a review of trends in non-molestation applications based on domestic violence.
The key findings are:
Applications for non-molestation orders have been declining since 2002 with an overall downward..
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23 February 2009
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Tracing money
Moriarty and another v Atkinson and others CA TLR 14 January
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Charging orders and bankruptcy
Tagore Investments SA v Official Receiver [2009] All ER (D) 63 (Jan)
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Bankrupt had no status to appeal
Power v Brown and ors [2009] EWHC 9 (Ch) 15 January
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Power of sale
Horsham Properties Group Ltd v Clark [2008] EWHC 2327 (Ch)
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23 February 2009
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Anti-suit injunction
Allianz SpA and another v West Tankers Inc Case C-185/07 TLR 13 February
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23 February 2009
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Enforcement of foreign judgment; NLJ 6 February p199
NML Capital Ltd v Republic of Argentina [2009] EWHC 110 (Comm) 29 January
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Not on notice orders
Raja v Van Hoogstraten (No 9) CA TLR 4 February
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Unreasonable use
Brooks v Young [2008] EWCA Civ 816
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Stay pending appeal
Admiral Taverns (Cygnet) Ltd v Daniel [2008] EWHC 1688 (QB)
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23 February 2009
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