i-law

Litigation Letter

Who was the winner?

Pindell Ltd and another v Airasia Berhad [2010] EWHC 3238 (Comm) 9 December
Online Published Date:  05 January 2011

Lack of respect

Mr Justice Coleridge, speaking to the Association of Lawyers for Children’s 21st Annual Conference, suggested that in the interests of children it was time for the family court to take a more authoritative role court and reassert its..
Online Published Date:  05 January 2011

Right to light

HKR UK II (CHC) Ltd v Heaney [2010] EWHC 2245 (Ch); Solicitors Journal 7 December, p11
Online Published Date:  05 January 2011

The defence of honest comment

Joseph and others v Spiller and another [2010] UKSC 53, [2010] All ER (D) 16 (Dec); NLJ 10 December p1716
Online Published Date:  05 January 2011

Damages Act discount rate

Love v Dewsbury QBD (Judge O’Brien) 19 November; SJ 30 November p5
Online Published Date:  05 January 2011

By fax

Writing in the Law Society Gazette of 28 October District Judge Stephen Gerlis said practically every reported case concerning service shared the same characteristic-reckless practice of last-minute service. In Thorne v Lass Salt Garvin (a firm)..
Online Published Date:  05 January 2011

Extent of CPR Order 36 offers

HMRC v Blue Sphere Global [2010] EWCA Civ 1448
Online Published Date:  05 January 2011

Success fee was ‘grotesque’

James Pankhurst v (1) Lee White (2) Motor Insurers Bureau [2010] EWCA Civ 1445 15 December
Online Published Date:  05 January 2011

On a partnership under the CPR

Brooks v AH Brooks & Co (a firm) and another [2010] EWHC 2720 (Ch); [2010] All ER (B) 85 (Nov); NLJ 19 November p1615
Online Published Date:  05 January 2011

CPR Part 36

Dominic Regan was scathing in the New Law Journal of 19 November about the government’s proposals in respect of CPR Part 36. Firstly it is consulting on whether to reverse Carver v BAA which the Court of Appeal has already effectively..
Online Published Date:  05 January 2011

Ogden Tables challenged

In an article in the New Law Journal of 3 December 2010 Brent McDonald considered the future of the Ogden Tables in the light of judicial reaction to the sixth edition. A significant change by the sixth edition was the lower residual earning..
Online Published Date:  05 January 2011

Breach of trust

Lloyds TSB Bank Plc v Markandan & Uddin (a firm) [2010] EWHC 2517 (Ch) 14 October; LSG 4 November, p19
Online Published Date:  05 January 2011

Non-disclosure of assets

Kingdon v Kingdon [2010] EWCA Civ 1251;TLR 18 November
Online Published Date:  05 January 2011

Ministry of Justice

The House of Commons’ Public Accounts Committee has challenged the Ministry of Justice over its failings identified in a National Audit Office report published in July. The report found the MoJ lacked understanding of the cost of its policy..
Online Published Date:  05 January 2011

One-way fee shifting

‘One-way fee shifting will allow just about every crook – claimants or solicitors – to have a go on the basis there is no risk … Take for example someone suing the police alleging mistreatment and making a Part 36 offer to..
Online Published Date:  05 January 2011

Closures

Following consultation the Minister of Justice, Jonathan Djanogly, has announced that the following 49 county courts will close and that five on the original list are to be retained: North West Northwich County Court, Southport County Court, Penrith..
Online Published Date:  05 January 2011

Costs order was premature

Chadwick v Hollingsworth (No.2) [2010] EWHC 2718 (QB) 2 November
Online Published Date:  05 January 2011

Maintenance and champerty

Maurice and Sibthorpe v London Borough of Suffolk [2010] EWHC B1 (QB)
Online Published Date:  05 January 2011

Special circumstances

Falmouth House Freehold Co Ltd and another v Morgan Walker LLP [2010] EWHC 3092 (Ch) 23 November
Online Published Date:  05 January 2011

Which route?

Donald Chadwick v Robin Hollingsworth [2010] EWCA Civ 1210 2 November
Online Published Date:  05 January 2011

Sears Tooth Agreements

Sandler v Sandler and Lloyd Platt & Co [2010] EWHC 1415; Family Law Journal December 2010/January 2011 p15
Online Published Date:  05 January 2011

Privacy versus free speech

Adakini Ntuli v Howard Donald [2010] EWCA Civ 1276; LSG 2 December p14
Online Published Date:  05 January 2011

ProcureCos

ProcureCos are commercial vehicles that can be grafted on to barrister’s chambers enabling them to contract for work directly with public bodies and corporations. The introduction of a system of one case, one fee in legal aid work will enable..
Online Published Date:  05 January 2011

Amendment

SAS Institute Inc v World Programming Ltd [2010] EWHC 3012 (Ch) 22 November
Online Published Date:  05 January 2011

Jackson PI winners and losers

Litigation Funding for December reported on the revealing of some of Professor Paul Fenn’s calculations about the personal injury winners and losers if Lord Justice Jackson’s proposals for the end of recoverability combined with a 10%..
Online Published Date:  05 January 2011

Judicial role play

The Judicial Appointments Commission has published an analysis of the appointment of solicitors to judicial roles over the period 1999-2009. Solicitors cannot be appointed to the judiciary unless they apply-the practice of being tapped on the..
Online Published Date:  05 January 2011

Jackson good for claimant costs lawyers?

Writing in the December issue of Costs Lawyer, the journal of the Association of Law Costs Draftsmen of which he is president, Mathew Harman argued that the proposals may actually prove to be positive for claimant costs lawyers. Apart from the..
Online Published Date:  05 January 2011

Enforcement by committal

Broomleigh Housing Association Ltd v Okonkwo [2010] EWCA Civ 1113, TLR 18 November
Online Published Date:  05 January 2011

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