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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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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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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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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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