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Abuse of process
Stuart v Goldberg Linde (a firm) and another CA TLR 23 January
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Claims proceeding in the Royal Courts of Justice fell by over 70% between 1997 (32,820) and 2003 (9,400) according to a study published by Macfarlanes. However, in 2006 there was a slight increase from 9,475 to 10,195, with a 25% increase taking..
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01 March 2008
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The Queen has approved the appointment of 98 new Queen’s Counsel.
In 2007 there were 333 applications for silk. Fifty-one applications were from women (15.3%), 22 from ethnic minority lawyers (6.6%), six from employed barristers (1.8%) and..
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Fraudulent breach of trust
Statek Corporation v Alford and another Ch D TLR 12 February
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01 March 2008
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Adverse possession
Ofulue and another v Bossert CA TLR 11 February
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Sexual assault claims
A v Hoare and four other actions HoL TLR 31 January; NLJ 8 February p218
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Which state was first seised?
Philips and another v Symes and others (No 4) HoL TLR 28 January; SJ 29 January p28
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District Judge FILEX?
..
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Effect of wife’s remarriage
Dixon v Marchant [2008] EWCA Civ 11 24 January; SJ 5 February p28
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Principle of equality
In a two page article ‘Fairness is all’ in the New Law Journal of 11 January, Nick Starks welcomed the decision in Vaughan v Vaughan (26/LL p116) as a much needed example of the application by the Court of Appeal of big money ancillary..
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
DNA testing
Re F (children) DNA Evidence [2008] EWHC 3235 (Fam); NLJ 1 February 1 p183
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01 March 2008
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Failed care order
Re B (children) (2008) CA (Civ Div) 31 January; SJ 12 February p30
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01 March 2008
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Cohabitee’s rights (2)
Sharon James v Peter Anthony Thomas [2007] EWCA Civ 1212; [2007] All ER (D) 373 (Nov)
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01 March 2008
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Cohabitants’ rights(1)
Negus v Bahouse [2007] All ER (D) 353 (Oct)
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01 March 2008
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Expert witness survey
According to a survey of expert witnesses conducted by Bond Solon, the average hourly charging rate of expert witnesses in 2007 was £107 and the average rate for attending court was £127. Approximate earnings from expert witness work have..
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Disclosure
Martin v Triggs Turner Barton (a firm) and others Ch D TLR 5 February
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Debt management
Under proposals in a Ministry of Justice consultation paper, Administration and Enforcement Restriction Orders: Setting the Parameters, people who need extra time to pay off their debts could apply for a new Enforcement Restriction Order. If..
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01 March 2008
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Disability discrimination
Environment Agency v Rowan [2007] All ER (D) 22 (Nov); NLJ 4 January
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Contribution after settlement of fraud claim
Charter plc and another v City Index Ltd (David Gawler and others, Part 20 defendants) CA TLR 8 January
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Class actions
In a report to the Civil Justice Council, Rachel Mulheron, Professor of Law at Queen Mary, University of London, recommended that US-style class actions are urgently needed to prevent injustice. The difficulties encountered with current bank..
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Patent claims
Monsanto Technology LLC v (1) Cargill International SA (2) Cargill Plc [2007] EWHC 3113 (Pat)
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Solicitor’s costs as a witness
Meretz Investments NV and another v ACP Ltd and others [2007] EWHC 2635 Ch D 14 November 2007
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Discounted fees in a CCFA
Gloucestershire County Council v Evans and others [2008] EWCA Civ 21; NLJ 8 February p219
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CFA Lite
Jones v Wrexham Borough Council [2007] EWCA Civ 1356 CA 19 December 2007
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Not following the event
Kostic v Chaplin and others Ch D TLR 11 January
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Failure on one or more issues
HLB Kidsons (a firm) v Lloyds Underwriters (subscribing to Lloyds Policy No 621/PKID00101) and others [2007] EWHC 2699 QB (Comm)
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Incredibly, the CPR are 10 years old later this year. Writing in the Law Society’s Gazette of 7 February, District Judge Robert Hill pointed out that for understandable reasons, the CPR were brought into force in an adequate, but unfinished..
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Repudiation by proceedings
Comandate Marine Corporation v Pan Australia Shipping Pty Ltd; [2008] 1 Lloyd’s Law Rep p119
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01 March 2008
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As of right
Banga (t/a Banga Travel) v Secretary of State for the Department of Transport CA TLR 29 January
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01 March 2008
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Volume 27 No. 3 - 01 March 2008
Inflation-proofing catastrophic bodily injury damages
Thompstone v Tameside & Glossop Acute Services NHS Trust and four associated actions CA (Civ Div) 17 January; TLR 30 January SJ 5 February p29
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01 March 2008
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Volume 27 No. 3 - 01 March 2008