i-law.com - Newsletter (Litigation Letter)

Self-incrimination

Versailles Trade Finance Ltd v Clough ([2001] EWCA Civ 1509)

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Court Approval No Defence

Griffin v Kingsmill (CA 8 June 2001)

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

English Partnership

Phillips and Others v Symes and another (Ch D TLR 2 October)

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

The-Judge is an after-the-event consultancy with a broking service to help solicitors obtain quotations for AEI cover. A panel of five AEI insurers can arrange cover for practically any type of case. The single application fee is refunded out of..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Divorce

Amalfi (Alternative Matrimonial and Litigation Funding Ideas) has been founded by two family law solicitors to provide funding for parties to contested ancillary relief proceedings who are unable to obtain public funding and cannot afford to pay..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Adoption

Since the Adoption Rules 1984 were amended in April it has been possible to join the child as a party in county court adoption proceedings. Nevertheless, regional offices of the Community Legal Service continue to see cases where the..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Discovery against Non-parties

Refco Capital Markets Ltd and another v Credit Suisse (First Boston) Ltd and another (CA TLR 7 December)

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Biased and Irrational Expert

Pearce v Ovearup Partnership Ltd and others (Ch D LTL 8 November)

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Questioning the Expert

In an article ‘CPR Questions: A New Game’ in the New Law Journal of 9 November Michael Cohen, the Chairman Emeritus of the Academy of Experts addressed the confusion surrounding written questions to experts under CPR..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

‘No Win, No Fee’ Expert Witnesses

The Bond Solon Expert Witness Survey 2001 showed that the overwhelming majority of experts consulted believed that experts should not be allowed to work a ‘no win, no fee’ basis, and that only 19% had ever worked on such a basis...

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Affidavit or Statement?

The Panel of District Judges which answer readers’ questions in the excellent ‘Ask the Judges’ feature in the Law Society Gazette was asked when should affidavits and when should witness statements be used? Their answer was that..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Joint Single Experts

Peet v Mid-Kent Health Care Trust (CA TLR 19 November)

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Limitation Period

Steedman and others v British Broadcasting Corporation (CA NLJ 30 November)

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Strict Approach to Sufficient Particularity

Best v Charter Medical of England Ltd ([2001] EWCA Civ 1588 26 October, TLR 19 November)

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Physical Inconvenience

In Farley v Skinner (20LL p102) the House of Lords awarded non-pecuniary damages for the physical inconvenience and discomfort arising from aircraft noise. In the Solicitors Journal of 2 November Richard Lawson concluded an article on damages for..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Worldwide Freezing Orders

Bank of China v NBM LLC and others ([2001] 4 All ER 954 QBD)

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

The Damages Lottery: Short Change or Windfall?

Speaking at the Bar Conference 2001, Christopher Purchas QC said that the damages lottery started with causation. ‘This has to be proved on the balance of probabilities. Probability is often proved by assessment of chance or likelihood. More..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Discount Rate

When the Lord Chancellor set the new discount rate on damages of 2.5% on 25 June, the announcement was greeted with complaints about the accuracy of the three-year average yield figure upon which he had relied. In a statement published on the LCD..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Credit Hire Appeal

Although the most recent credit hire case, Clark v Ardington Electrical Services, has a listing window in the Court of Appeal between 2 June to 31 October 2002, the hearing has been expedited of the court’s own motion, and will now be heard..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Cross References

Civil Procedure News of 26 October drew attention to the bracketed cross-references in the CPR to other CPR provisions. This is one feature which distinguishes the CPR from the RSC and the CCR. However, in the Stationery Office version of the CPR,..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Arbitrator’s Jurisdiction

L G Caltex Gas Ltd and another v China National Petroleum and another (CA [2001] EWCS Civ 788)

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002

Between-the-parties’ Costs – A blue-print for the future

It is a truth universally acknowledged that between-the-parties costs are in a mess. The position is so bad that the Civil Justice Council held a weekend Costs Forum attended by the Master of the Rolls, the Deputy Head of Civil Justice and all the..

Online Published Date: 01 January 2002

Appeared in issue: Volume 21 No. 1 - 01 January 2002