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Ruined holidays
In an article in the Law Society Gazette of 17 June, District Judge Graeme Smith considered guidance on damages in holiday claims. In particular he quoted para 37 of the judgment of Lord Justice Ward in Milner v Carnival Plc (t/a Cunard) [2010] EWCA..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Employer in administration
Unite and others v Nortel Networks UK Ltd (in administration) [2010] EWHC 826 (Ch) TLR 18 May
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05 July 2010
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Judgment on the ‘edge of brevity’
In Re H (a child) CA Civ Div (20 May); SJ 1 June p29
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05 July 2010
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54 county courts under threat
On 24 June the Lord Chancellor and Secretary of State for Justice, Kenneth Clarke, announced proposals for consultation on the closure of 103 magistrates’ courts and 54 of the 220 county courts, saying closure of the courts covered in the..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Comparative perfume advertising
L’Oreal SA and others v Bellure NV and others [2010] EWCA Civ 535, TLR 14 June
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05 July 2010
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Alternative to defamation
Ajinomoto Sweetners Europe SAS v Asbestos Ltd [2010] EWCA Civ 609, [2010] All ER (D) 03 (Jun); NLJ 11 June p842
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05 July 2010
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Asssesing damages for negligence
Nahome and another v Last Cawthra Feather Solicitors [2010] EWHC 76 (Ch), [2010] All ER (D) 162 (May); NLJ 28 May p766
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05 July 2010
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Order was no order
Re S [2010] EWCA Civ 447, [2010] All ER (D) 121 (May); NLJ 201 p 801
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05 July 2010
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Implacable hostility to contact
In the matter of S (a child) [2010] EWCA Civ 325
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05 July 2010
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Housing and human rights
R (Coombes) v Waltham Forest LBC, QBD, TLR 11 May
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05 July 2010
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Non-party costs order
Adris and others v Royal Bank of Scotland (Cartel Client Review Ltd and others, additional parties) [2010] All ER (D) 156 May, [2010] EWHC 941 (QB); NLJ 28 May p767
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
ECHR
In an attempt to reduce the horrendous backlog of cases in the European Court of Human Rights its judges have been empowered to strike out cases where the applicant does not suffer a ‘significant disadvantage’ unless respect for human..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Defining ‘legal process’
In Re Frankice (Golders Green) Ltd in Administration and others Ch D, TLR 14 June
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05 July 2010
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Qualified privilege
Underhill v Corser and Watson [2010] EWHC 1195 (QB); SJ 8 June p5
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05 July 2010
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‘Usual or last known residence’
Varsani v Relfo Ltd (in liquidation) [2010] EWCA Civ 560, [2010] All ER (D) 272 (May); NLJ 4 June p 804
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05 July 2010
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Referral fees
When Lord Justice Jackson and the Law Society agree, can consensus be far behind? Unfortunately, the answer is either ‘no’ or, if it is, it is a very long way behind. First, there was the economic impact analysis, commissioned by Charles..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Duty to first wife
Vaughan v Vaughan CA TLR 18 May
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Acts do not apply to companies
Online Catering Ltd v Acton and another CA, TLR 11 May
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Choosing an ATE provider
In a two-page article in the Solicitors’ Journal of 1 June, David Hartley of Abbey Legal Protection, which manages the Law Society’s Accident Line scheme, advised it will be good practice for a firm to make a note of its reasons for..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Duty of candour
Marshall and others v Deputy Governor of Bermuda and others PC TLR 7 June
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
County courts (non-family)
These civil cases typically relate to debt, the repossession of property, personal injury and insolvency. Over the period Q1 (January to March) 2008 to Q1 (January-March) 2010 covered by the tables in this report, the total number of claims issued..
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05 July 2010
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Setting off against claim
Geldof Metaalconstructie v Simon Carves Ltd, [2010] EWCA Civ 667, TLR 21 June
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05 July 2010
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Guardian delays
New rules for appointing guardians in care proceedings have been introduced in London in a bid to reduce ‘appalling’ delays which family solicitors have warned are ‘worse than ever’. More than 500 cases are on the waiting..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Defective disciplinary proceedings
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571 26 May; SJ 1 June p28
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Rights of cohabitants
Kernott v Jones [2010] EWCA Civ 578; NLJ 11 June p815
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05 July 2010
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Family courts
Family cases deal with issues such as parental disputes, child protection cases, divorce and separation, and cases of domestic violence. During 2008 and 2009, there was an overall increase in the number of applications made in relation to matters..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Statistics January to March 2010
These statistics, issued by the Ministry of Justice on 24 June, are used to monitor the type and volume of cases that are received and processed through the court system of England and Wales. The analyses in this report are mainly comparisons made..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Discrimination awards increase
A survey by the Equal Opportunities Review found there were 14 discrimination awards above £100,000 in 2009, twice the number for 2008 and three times the 2007 figure. The average award was £20,910, also a record, although the median..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Minimum disclosure
Bank Mellat v HM Treasury, CA, TLR 18 May
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05 July 2010
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Amendment Rules
Insolvency Amendment Rules 2010 (SI 2010/686) as corrected by SI 2010/734 came into force on 6 April. All hearings must now be in open court unless the court orders otherwise. Affidavits are replaced by witness statements verified by statements of..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Interest on judgment debt
The New Law Journal Judicial Line of 4 June was asked if an application for a charging order ranks as enforcement or the purpose of terminating interest on the judgment debt. The answer was: ‘No. The County Courts (Interest on Judgment Debts)..
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05 July 2010
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Private members bill
Lord Lester of Herne Hill QC has introduced a private members bill to reform what he describes as the country’s ‘archaic’ libel laws. It would introduce a new statutory defence of ‘responsible publication’ on a matter..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010
Vicarious liability for sex abuse
Maga v Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256, [2010] All ER (D) 141 (Mar); NLJ 4 June p790
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05 July 2010
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Avoiding court fees
In an article in the Solicitors Journal of 22 June William Gibson advocated mediation as a cheaper and quicker method of resolving costs disputes than court assessments. He set out the recent history of court fees as follows:‘Before April 1999..
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05 July 2010
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Volume 29 No. 7 - 01 July 2010