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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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Volume 28 No. 3 - 23 February 2009
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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Volume 28 No. 3 - 23 February 2009
Retrospective CFA
Birmingham City Council v Forde [2009] EWHC 12 (QB) 13 January
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Security
Jones v Environcom [2008] ALL ER (D) 115 (Jan); NLJ 6 February p191
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Fast-track costs for small claims
Birmingham City Council v Lee [2008] EWCA Civ 891
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
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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Volume 28 No. 3 - 23 February 2009
Risk assessment
Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust CA TLR 3 February
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
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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Volume 28 No. 3 - 23 February 2009
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..
Online Published Date:
23 February 2009
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Volume 28 No. 3 - 23 February 2009
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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Volume 28 No. 3 - 23 February 2009
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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Volume 28 No. 3 - 23 February 2009
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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Volume 28 No. 3 - 23 February 2009
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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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Shared residence and relocation
ETS v BT [2009] EWCA Civ 20
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Disclosure and privacy
White v Withers and another [2008] EWHC 2821 (QB)
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Housing and shared residence
Holmes-Moorhouse v Richmond-upon-Thames LBC [2009] UKHL 7 TLR 5 February
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Committal for child abduction
Re A (Abduction: Contempt) [2008] EWCA Civ 1138; [2009] 1 FLR 1
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Maintenance pending suit
M v M [2009] Family Law 8
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Extended civil restraint order
Forrester Ketley & Co v Brent [2008] EWHC 3150 (Ch) 19 December
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
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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Volume 28 No. 3 - 23 February 2009
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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Volume 28 No. 3 - 23 February 2009
Tracing money
Moriarty and another v Atkinson and others CA TLR 14 January
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Charging orders and bankruptcy
Tagore Investments SA v Official Receiver [2009] All ER (D) 63 (Jan)
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Bankrupt had no status to appeal
Power v Brown and ors [2009] EWHC 9 (Ch) 15 January
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Power of sale
Horsham Properties Group Ltd v Clark [2008] EWHC 2327 (Ch)
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
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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Volume 28 No. 3 - 23 February 2009
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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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Not on notice orders
Raja v Van Hoogstraten (No 9) CA TLR 4 February
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Unreasonable use
Brooks v Young [2008] EWCA Civ 816
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23 February 2009
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Volume 28 No. 3 - 23 February 2009
Stay pending appeal
Admiral Taverns (Cygnet) Ltd v Daniel [2008] EWHC 1688 (QB)
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23 February 2009
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Volume 28 No. 3 - 23 February 2009