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Triumph or Shambles?
According to the Institute of Judicial Administration of Birmingham University Professor Ian Scott has described the new rules as ‘a shambles’. He has argued that ‘the civil justice system faces a long period of muddling through..
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01 February 2000
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Volume 19 No. 2 - 01 February 2000
WHAT IS ‘MANIFEST DISADVANTAGE’ TO A WIFE?
Barclays Bank Plc v Coleman and Another (CA TLR 5 January)
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01 February 2000
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THE COMMUNITY LEGAL SERVICE
Community Legal Service partnerships are the key to the CLS to be launched in April. They bring together legal advice service funders including the Legal Aid Board, local authorities and charities (and the suppliers of those services) such as..
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01 February 2000
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228-Page Statement of Claim was not Prolix
Morris and Others v Bank of America National Trust and Others (CA LSG 20 January)
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01 February 2000
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The CPR are More Flexible
AXA Insurance Co Ltd v Swire Fraser Ltd (CA TLR 19 January)
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01 February 2000
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Biguzzi Revisited
UCB Corporate Services Ltd (Formerly UCB Bank Plc) v Halifax (SW) Ltd (CA TLR 23 December)
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01 February 2000
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Pl Referral On-Line
For a fee of £2,500 a year and £100 a month firms of solicitors are invited to join www.AccidentLine.com a new website referral service, which will guide accident victims to a local practitioner. The site will be accessible through up to..
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01 February 2000
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Conflict of Interest
In RE T and another (CA LSG 20 January)
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01 February 2000
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Is the Period Three Years or Six for Permitting Uninsured Driving?
Norman v Ali and Another; Norman v Aziz (CA LSG 13 January)
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01 February 2000
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Non-Disclosure Vitiated Disapplication of Limitation Period
Long v Tolchard and Sons Ltd (CA TLR 5 January)
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01 February 2000
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Cooking Facilities Essential for Dwelling
Uratemp Ventures Ltd v Collins Same v Carrell (CA TLR 10 December)
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01 February 2000
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Volume 19 No. 2 - 01 February 2000
Enforcers to Act as Middle Men?
The Lord Chancellor, in introducing the latest consultation paper in its enforcement review, Warrants and Writs, Oral Examinations and Judgment Summonses, said that special enforcers might be appointed by the courts to help litigants recover the..
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01 February 2000
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Pl Claim Vested in Trustee
Ord v Upton (CA [2000] 1 All ER 193)
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01 February 2000
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Honouring Cheques after Presentation of Winding up Petition – 2
Coutts & Co v Stock (Ch D LSG 17 December)
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01 February 2000
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Honouring Cheques after Presentation of Winding up Petition – 1
Hollicourt (Contracts) Ltd v Bank of Ireland (Ch D LSG 17 December)
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01 February 2000
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Allocation Fees Abolished for £1,000 Claims
The Lord Chancellor does listen. After the outcry led by the Master of the Rolls and the Vice-Chancellor over the disproportionality of court fees in low-value claims the Lord Chancellor has announced that the allocation fee for claims not..
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01 February 2000
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Divorce On-Line
Woolley & Co, although based in Stratford-upon-Avon, has opened two ‘virtual’ offices in Solihull and Worcester offering a do-it-yourself divorce package on the Internet for £99. The price includes downloadable divorce forms,..
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01 February 2000
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Care Order Cannot Restrain Local Authority from Permitting Contact
In Re W (A Minor) (Parent Contact: Prohibition) (CA LSG 20 January)
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Parental Agreement in Care Case
In Re X (Minors) (Care Proceedings: Parent Responsibility) (CA TLR 19 January)
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Practice Direction: (Arresting Officer: Attendance)
Under s47(7) of the Family Law Act 1996 a person arrested under a power of arrest attached to a non-molestation order or occupation order has to be brought before a judge, district judge or magistrates’ court within the period of 24 hours..
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01 February 2000
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Children Panel Extension
Membership of the Law Society’s Children Panel is being extended from being open only to solicitors wishing to act for children in public law proceedings, to include also solicitors representing parents and local authorities in public law..
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01 February 2000
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Benefactor’s Motives Irrelevant in Inheritance Act Claim
Bouette v Rose (CA NLJ 14 January p20)
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01 February 2000
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Appeal Against Findings Without an Order
In Re B (A Child) (Split Hearings: Jurisdiction) (CA LSG 17 December)
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01 February 2000
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Centre of Gravity of Litigation was in California
Jordan v Jordan ([1999] 2 FLR 1069 CA)
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Resolving Circumcision Dispute
In RE J (A Minor) (Prohibited Steps Order: Circumcision) (CA TLR 22 December)
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What is ‘Unfair’ Dismissal?
Haddon v Van den Bergh ([1999] 43 SLG 300)
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01 February 2000
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Pain and Suffering Damages to be Hiked?
On 28 February an unprecedented five-judge Court of Appeal will consider six cases following the recommendation of the Law Commission that damages for pain, suffering and loss of enjoyment of life should be increased between 50 and 100% and that..
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01 February 2000
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Volume 19 No. 2 - 01 February 2000
Ogden Tables Delay
In Wells (17/LL p63) the House of Lords said “It goes without saying that the sooner the Lord Chancellor sets the rate the better”, referring to the rate of return obtainable from specific Index-Linked Government Stock when using the..
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01 February 2000
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No Credit for Interest on Interim Payments
Parry v North West Surrey Health Authority (QBD TLR 5 January)
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01 February 2000
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Solicitors’ Liability for Defendants’ Impecuniosity
Pearson v Sanders Witherspoon (A Firm) (CA The Independent, 6 December)
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Date for Quantifying Loss of Opportunity
Charles v Hugh James Jones & Jenkins (A Firm) (CA TLR 22 December)
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Farewell Grays Thurrock and Great Yarmouth County Courts
They closed for business on 31 January. The Admiralty jurisdiction of Great Yarmouth has been transferred along the coast to the Lowestoft County Court. Some of the noteworthy names of parishes also transferred to Lowestoft are Fritton & St..
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01 February 2000
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Legal Aid in Civil Proceedings (Remuneration) (Amendment) Regulations 1999
Sl 1999 3098
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Impecuniosity and the Indemnity Principle
Leeds CC v Carr Coles and Wells v Barnsley MBC (QBD Div Ct LTR 12 November)
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Applying the Indemnity Principle
Hazlett v Sefton Metropolitan BC (QBD DivCt NLJ 10 December p1869)
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Costs Against Tribunal
S v Dudley Metropolitan BC and Another (QBD NLJ 17 December)
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01 February 2000
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Guideline Hourly Charging Rates for Solicitors
The second edition of The Supreme Court Costs Office Guide to the Summary Assessment of Costs gives the figures collated in October 1999 after consultation between designated civil judges, district judges and local law societies. It is emphasised..
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01 February 2000
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Volume 19 No. 2 - 01 February 2000
‘Barristers are Cheaper than Solicitors’
In a report The Economic Case for the Bar, published by the Bar Council, the hourly rate for a commercial barrister with up to five years’ experience is shown as £75 compared with around £135 for a solicitor of similar standing. The..
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01 February 2000
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Revoking Legal Aid Protection
Deg-Deutsche Investitions-Und Entwicklungsgesellschaft Mbh v Koshy and Others (Ch D Lsg 13 January)
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01 February 2000
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Practice Statement (Companies Court)
A Companies judge will no longer be designated to deal with company matters. The applications judge hearing general Chancery applications will also deal with the company matters previously listed for hearing on Mondays. Any urgent application will..
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01 February 2000
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Director’s Disqualification and Human Rights
RE Westminster Property Management Ltd (Ch D NLJ 14 January p21)
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01 February 2000
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No Payment by Results at Common Law
Geraghty &Co v Awwad and Gustavon (CA 25 November 1999 Unreported)
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The Practice Rule
There was a hiccup in November 1998. Solicitors Practice Rule 8 provided ‘A solicitor who is retained or employed to prosecute or defend any action, suit or other contentious proceeding shall not enter into any agreement to receive a..
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01 February 2000
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Volume 19 No. 2 - 01 February 2000
The courts
Meanwhile the courts had been concerned with the lawfulness of solicitors agreeing not to charge their clients if they lost, and to charge no more than their usual rates if they won. Contrary to the views of many, it was held by the QBD Divisional..
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01 February 2000
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Volume 19 No. 2 - 01 February 2000
Parliament
“Since the Statute of Westminster 1275 it has been inculcated into each generation of English lawyers as a tenet of professional ethics that contingency fees are not merely unlawful but, in the words of the judges, they are ‘inherently..
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01 February 2000
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