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Terminating a damage-based agreement
Other than in employment tribunal cases the damage-based agreements (DBA) regulations make no provision in respect of termination. This is generally regarded as a problem area both for the client and the lawyer. There may be circumstances where, as..
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Damage-based agreements
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Front loading
In an article in the Solicitors Journal of 2 April, Simon Gibbs identified two areas in which the Jackson reforms could unintentionally produce unnecessary front loading of costs.
The first was the danger that introducing costs budgeting will..
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30 April 2014
Appeared in issue:
Volume 33 No. 05 - 28 April 2014
Guide
The Criminal Injuries Compensation Board has published this guide to applying for compensation under the Criminal Injuries Compensation Scheme 2012.
1. The Criminal Injuries Compensation Scheme is a government funded scheme to compensate blameless..
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Popplewell J
The charterers argued that although the test expressed by the tribunal was the correct one, it fell into error in treating the first limb as meaning that in order to demonstrate that the owners had evinced an intention not to be bound by the..
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Divorce League Table 2013
Court
Divorce petitions
Birmingham Civil Justice Centre and Family Courts
2,655
Weston-super-mare County Court*
2,385
Coventry Combined Court Centre
2,215
Romford County Court
1,863
Leicester County..
Online Published Date:
30 April 2014
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Volume 33 No. 05 - 28 April 2014
Repudiation–Anticipatory breach
Geden Operations Ltd v Dry Bulk Handy Holdings Inc [2014] EWHC 885 (Comm), [2014] All ER (D) 271 (Mar); TLR 4 April
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Court reporting contempt
On 26 March 2014, the Law Commission published a report explaining and setting out its recommendations on contempt of court.
It said its recommendations would:
Ensure that court reporting postponement orders are all posted on a single publicly..
Online Published Date:
30 April 2014
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Volume 33 No. 05 - 28 April 2014
OUCH!
On 6 April the deposit on a company winding-up petition was increased to £1,250 and on a creditor’s bankruptcy petition to £750. You may or may not be relieved to know that the deposit on a debtor’s own petition remains at a..
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Overheard at the Law Society
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Distress for commercial rent abolished under new rules
Taking Control of Goods Regulations 2013.
On 6 April 2014, a new set of rules relating to the recovery of rental arrears by seizing tenants’ goods came into force.
The new rules are intended to redress the balance between tenants and..
Online Published Date:
30 April 2014
Appeared in issue:
Volume 33 No. 05 - 28 April 2014
No duty of care
Hockin and others v Masden and another [2014] EWHC 763 (Ch), [2014] All ER (D) 206 (Mar) NLJ 218 March
Online Published Date:
30 April 2014
Appeared in issue:
Volume 33 No. 05 - 28 April 2014
Arbitration to bypass Mitchell?
“We haven’t got a clue what we’re doing, and the reason is the inconsistency with which Mitchell is being applied by the courts”, Rod Evans, former president of the Forum of Insurance Lawyers, told the Westminister legal..
Online Published Date:
30 April 2014
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Volume 33 No. 05 - 28 April 2014
Child contact
SMD v LMD [2014] EWHC 302 (Fam), [2014] All ER (D) 282 (Mar); NLJ 4 April
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Compulsory admission to hospital
TW v Enfield Borough Council [2014] EWCA Civ 362, [2014] All ER (D) 292 (Mar); NLJ 11 April
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Rules of agency apply to race bias claims against employer
Ministry of Defence v Kemeh CA TLR 11 March
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
No further proceedings
Clark and another v In Focus Asset Management & Tax Solutions Ltd and Financial Ombudsman Service [2014] EWCA Civ [118] 14 February
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Disclosure of journalistic material
Regina (British Sky Broadcasting Ltd) v Central Criminal Court SC TLR 17 March
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Confidentiality v public interest
Mitchell v News Group Newspapers Ltd; Rowland v Mitchell [2014] All ER (D) 273 (Mar); NLJ 11 April
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
16% increase
Reynolds Porter Chamberlain (RPC) has reported a 16% increase in litigation at the Commercial Court last year as a result of disputes from the recession.
RPC said the increase in complex commercial cases was the result of major disputes from the..
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Jurisdiction
Lawson v Governing Body of Aylesford School and another: Court of Appeal, Civil Division: 25 March 2014; LSG 2 April
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Mormons not victims
Church of Jesus Christ of Latter-Day Saints v United Kingdom ECHR (Application No 7552/09) TLR 19 March
Online Published Date:
30 April 2014
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Volume 33 No. 05 - 28 April 2014
Disclosure
Abbas v Shah [2014] EWHC 662 (QB), [2014] All ER (D) 202 (Mar); NLJ 28 March
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Bank liable for damage to credit rating
Durkin v DSG Retail Ltd and another [2014] UKSC 21; TLR 4 April; SJ 27 March
Online Published Date:
30 April 2014
Appeared in issue:
Volume 33 No. 05 - 28 April 2014
Whiplash reforms reduce insurance bills
According to John Hyde in the Law Society Gazette of 9 April, optimism around future whiplash reforms is helping to cut car insurance premiums to a five-year low, analysts said today.
The latest confused.com motor insurance price index, produced..
Online Published Date:
30 April 2014
Appeared in issue:
Volume 33 No. 05 - 28 April 2014
Model DBAs
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
Air travel Convention unfair to disabled passengers
Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening) SC TLR 13 March
Online Published Date:
30 April 2014
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Volume 33 No. 05 - 28 April 2014
DBAs, caps and Part 36 penalties
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30 April 2014
Appeared in issue:
Volume 33 No. 05 - 28 April 2014
DBAs and ATE insurance
As with any litigation it is necessary to assess and consider adverse costs exposure. Where a DBA is used consideration could be given to an after-the-event (ATE) policy where premium is contingent on and scaled to recovered..
Online Published Date:
30 April 2014
Appeared in issue:
Volume 33 No. 05 - 28 April 2014
Lawyer liability for adverse costs
A third-party funder is liable for adverse costs under the decision in Arkin v Borchard Lines [2005] EWCA Civ 655. Where a lawyer is retained under a conditional fee agreement, the Court of Appeal in Hodgson v Imperial Tobacco Ltd [1998] EWCA Civ..
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30 April 2014
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Volume 33 No. 05 - 28 April 2014
All change!
The County Court and the Family Court were revolutionised on 22 April.
We are most grateful to District Judge Stephen Gold of the County Court sitting at Kingston -upon-Thames (formerly Kingston-upon-Thames County Court) and to LexisNexis for..
Online Published Date:
30 April 2014
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Volume 33 No. 05 - 28 April 2014
Irregularity
La Societe Pour La Recherche, La Production, Le Transport, La Transformation Et La Commercialisation Des Hydrocarbures S.P.A. v Statoil Natural Gas LLC [2014] EWHC 875 (Comm), [2014] All ER (D) 31 (Apr); NLJ 11 April
Online Published Date:
30 April 2014
Appeared in issue:
Volume 33 No. 05 - 28 April 2014