i-law.com - Newsletter (Litigation Letter)

On 11 July, the European Court of Human Rights found against the UK in the cases of Goodwin v the United Kingdom and I v the United Kingdom. The UK was found to have breached the Convention rights of these two transsexual people under Article 8..

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Equality means 50:50

Lambert v Lambert (CA TLR 27 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Judge disagreeing with expert evidence – 2

Re B (Non-accidental injury: compelling medical evidence) [2002] EWCA CIV 902; [2002] 2 FLR 599 CA

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Judge disagreeing with expert evidence – 1

Re N-B and others (Children) (Residence: expert evidence) [2002] (EWCA CIV 1052 NLJ 29 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Lifting publicity restrictions

A and others v Times Newspapers Ltd and others (FD TLR 11 December)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Guardian crisis

The Association of Lawyers for Children has passed a resolution voicing ‘grave concerns’ that the representation of children in family proceedings is being eroded because of serious problems with CAFCASS. In London there are 170 cases..

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Enforcement by individual

Antonio Munoz y Cia SA and another v Frumar Ltd and another (Case C-253/00 ECJ TLR 20 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

ET should not cast aspersions

Hobson v Hackney LBC (CA TLR 22 October)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Misconducting investigation into misconduct

J Sainsbury Ltd v Hitt (CA TLR 14 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Qualified privilege

Kearns and others v General Council of the Bar (QBD [2002] [4 All ER 1075])

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Suitability of equipment

Horton v Taplin Contracts Ltd (CA TLR 25 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Solicitor acting for impecunious client

Burstein v Times Newspapers Ltd (No 2) (CA TLR 6 December)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

1 Refusal to mediate. 2 Indemnity costs

Societe Internationale de Telecommunications Aeronautiques Sc v The Wyatt Company (UK) Ltd and others. Maxwell Batley Part 20 Defendant (Ch [2002] EWHC/2401 14 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Security for past costs

CIBC Mellon Trust Co and others v Mora Hotel Corporation NV and another (CA TLR 28 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Order in favour of non-party

Individual Homes Ltd v MacBream Investments Ltd (CHD TLR 14 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Security for appeal

Bell Electric Ltd v Aweco Appliance Systems GmbH and Co KG (CA TLR 20 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Non-disclosure of CFA

Worth v Mckenna (His Honour Judge Marshall Evans, Liverpool County Court, 16 October)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

New hourly rates

The following figures replace the figures set out at pp39–43 of the SCCO Guide to Summary Assessment (2002 Edition). BAND ONE Grade A B C D GUIDELINE RATES 175 155 130 95 Aldershot, Farnham, Bournemouth Birmingham..

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

CFA advice may be outsourced

The Accident Group (Tag) Test Cases (Sharratt v London Central Bus Co and other cases) (SCCO 27 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

‘Good reason’ means good reason

Brazil v Brazil (CA TLR 18 October; NLJ 1 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Sittings outside London

APPLICATION DAYS JANUARY TO APRIL 2003 January February March April Manchester 10, 24 7, 21 21 4, 16, 25 Liverpool 17 28 7, 14, 27 11 Leeds 17, 31 7, 14, 21 7, 14 4, 11, 25 Newcastle 10 28 21 11 Birmingham 6, 13, 20, 27 3, 10, 17,..

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Burden of proof of innocence

Marcq v Christie Manson and Woods Ltd t/a Christies (QBD [2002] [4 All ER 1005])

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

‘Penumbra of imprecision’

Assicurazioni Generali SpA v Arab Insurance Group (BSC) (CA TLR 13 November)

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003

Predictable costs – crunching the numbers

The Civil Justice Costs Forum on 12–14 December attended by all the key players in the costs industry, together with the Master of the Rolls and Lord Justice May, in the end achieved more provisional agreement on predictable costs than at one..

Online Published Date: 01 January 2003

Appeared in issue: Volume 22 No. 1 - 01 January 2003