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No leading questions to ECJ
SAS Institute Inc v World Programming Ltd [2010] EWHC 1829 (Ch); TLR 11 February
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Success fee disproportionate
MGN Ltd v United Kingdom ECtHR (Application No 39401/04); TLR 20 January
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
The worst of all worlds
In response to the government’s consultation paper on his Review of Civil Litigation Costs (LL/29 p112) Lord Justice Jackson wrote to the Lord Chancellor on 14 January: ‘Dear Lord Chancellor, I attach a copy of my Response to..
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Security
Huscroft v P&O Ferries Ltd [2010] EWCA Civ 1483; TLR 11 February
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Qualified privilege
Clift v Slough Borough Council [2010] EWCA Civ 1171; [2010] WLR (D) 343; TLR 25 January
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
VAT on medical reports
Barratt Goff & Tomlinson (BGT) supported by the Law Society have successfully challenged the assessment for VAT of medical reports and records to be used in litigation. The fee paid to medical experts’ reports and records had previously..
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Consultation
The Business Secretary, Vince Cable, has launched consultation on various aspects of employment. They include:
compulsory pre-claim conciliation by Acas;
the qualifying period of employment for unfair dismissal claims to be increased from one..
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Res judicata
Regina (Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1; [2011] WLR (D) 3; TLR 31 January
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Independent advice
Section 147 of the Equality Act 2010 requires employers and employees to receive advice from an ‘independent advisor’ before signing compromise agreements involving discrimination. The Law Society has received conflicting advice on what..
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Fatal exaggeration
Yagenah v Zurich Plc [2010] EWHC 1185 (QB); SJ 25 January p17
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Judgitis
Judge Willis: 'What do you suppose I am on the Bench for, Mr Smith?' F.E. Smith: 'It is not for me to attempt to fathom the inscrutable workings of Providence.'
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Nightclub's duty of care
Everett and another v Comojo (UK) Ltd (T/A The Metropolitan) and others [2011] EWCA Civ 13 18 Jan; SJ 25 Jan p39
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Repudiatory breach by solicitors
Minkin v Cawdery Kaye Fireman & Taylor (a firm) [2011] EWHC 177 (QB); 7 February
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
The Supreme Court
In its first 12 months the Supreme Court heard 67 appeals, handed down 62 judgments, considered 206 applications for permission to appeal, and welcomed over 40,000 visitors through the door. Including the Michaelmas term just ended, the total is 85..
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Nuclear tests damages
AB and others v Ministry of Defence [2010] All ER (D) 252 (Nov); [2010] EWCA Civ 1317; TLR 19 January
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Case management
President’s Guidance (Case Management Decisions and Appeals there from) [2011] All ER (D) 36 (Jan)
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Loan-funded divorce
An article in the Solicitors Journal of 1 February 2011 reports that although solicitors will not usually bill clients until a settlement is finalised, other professionals expect payment for their services as they are provided, which is one of the..
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Meaning of 'homeless'
Yemshaw v Hounslow London Borough Council [2011] UKSC 3; [2011] WLR (D) 18; SJ 8 February p30
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Revocation of probate
Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328; TLR 1 February
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Citation
TW v A City Council [2011] EWCA Civ 17; [2011] WLR (D) 9; TLR 25 January
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Inherent vice
Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad [2011] UKSC 5; [2011] WLR (D) 31; TLR 9 February
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Third-party disclosure
Re Branchempire Ltd, Rubin v Coote [2010] EWHC 3017 (CH), [2011] All ER (D) 44 (Jan); NLJ 21 January
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
How to exclude e-service
In an article ‘Are you being served?’ in the Solicitors Journal of 21 January, Seamus Smyth considered the benefits of avoiding e-service.
Problems:
1) E-service makes it easier for opponents and they accelerate service by two days. If..
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Avoiding registration
Under the Register of Judgments, Orders and Fines Regulations 2005, a judgment arising out of a contested county court hearing is not registrable at the Register of County Court Judgments etc. The Judicial Line, in the New Law Journal of 28 January..
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Wait and see
Masefield AG v Amlin Corporate Member Ltd [2011] EWCA Civ 24; [2011] WLR (D) 23; LSG 10 February p18
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Anonymity
JIH v News Group Newspapers [2011] EWCA Civ 42, 31 January; LSG 17 February p18
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Surrogacy
In Re T (a child) [2011] EWHC 33 (Fam) [2011] All ER (D) 171 (Jan); SJ 1 February p5; NLJ 11 February p195
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02 March 2011
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Volume 30 No. 3 - 01 March 2011
Volunteers
X v Mid-Sussex Citizens Advice Bureau and others [2011] EWCA Civ 28; SJ 1 February p5
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02 March 2011
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Volume 30 No. 3 - 01 March 2011