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Abela and ors v Hammonds Suddards and ors Ch D 2 December; Lawtel 9 December
Recognition has to be given to the potential value of electronic searches in identifying important documents which might otherwise be missed. Nevertheless, what was generally required under standard disclosure was a reasonable search. The rule did..
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07 January 2009
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e-discovery
Digicel (St Lucia) Ltd and others v Cable & Wireless Plc and others [2008] EWHC 2522 (CH) (23 Oct)
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07 January 2009
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Enforcing part of an award
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA TLR 11 November
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07 January 2009
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Pro bono issues
The coming into force of s194 of the Legal Services Act 2007 bringing into effect pro-bono legal services on 1 October was marked by a two-page article by Jeremy Morgan, QC, in the Law Society Gazette of 13 November. Section 194 enables the court..
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07 January 2009
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Test case costs
Peer International Corporation and others v Editora Musical de Cuba [2008] EWCA Civ 1260 26 November
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07 January 2009
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The price of aggressive conduct
Strachey v Ramage [2008] EWCA Civ 804 16 July
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07 January 2009
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Non-legal disbursements
Cuthbert v Gair SCCO 3 September; LSG 16 October; ALCD Journal November
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07 January 2009
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Contingency fees – 2
A study of contingency fees in tribunals, also co-authored by Professor Richard Moorhead, was reported by Neil Rose in the Law Society Gazette of 4 December. It found that the use of contingency fees in employment tribunals throws up few major..
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07 January 2009
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Contingency fees – 1
A research paper ‘Contingency fees – a study of their operation in the United States of America’ by Professor Richard Moorhead and senior cost judge Peter Hurst commissioned by the Civil Justice Council has concluded:
Paragraph..
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07 January 2009
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Hopeless counterclaim
Peakman v Linbrooke Services Ltd [2008] EWCA Civ 1239 13 November; SJ 25 November p25
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07 January 2009
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Indemnity basis
Business Environment Bow Lane Ltd (formerly Ravencap (No 2) Ltd v Deanwater Estates Ltd (formerly Gooch Webster Ltd [2008] EWHC 2003 (TCC) QBD 31 July
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ATE declarable interest
Tankard v John Fredericks Plastics Ltd - Fawcett Old Ltd and another v Hibberd - Jones v Attrill [The Accident Line Protect test cases] [2008] EWCA Civ 1375 11 December
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07 January 2009
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Non-party costs orders
Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates [2008] EWHC 2795 QBD 18 November
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07 January 2009
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Periodical payments
Thompstone v Tameside NHS Foundation Trust [2008] EWHC 2948 QBD 2 December
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07 January 2009
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Mesothelioma success
In the six combined cases known collectively as the ‘Employers’ Liability Policy “Trigger” Litigation’ or the ‘Durham cases’ [2008] EWHC (QB) 2692, the judge ruled that victims can claim against the..
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07 January 2009
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Misfeasance in public office
Hussain v Chief Constable of West Mercia Constabulary CA TLR 17 November
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07 January 2009
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New ACAS Code of Practice
The Employment Act 2008 has received the royal assent and will come into force in April 2009. It replaces the statutory disciplinary procedure and the statutory grievance procedure with a new ACAS Code of Practice on Disciplinary and Grievance..
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07 January 2009
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Offer to make amends
Club la Costa (UK) plc v Gebhard and another QBD TLR 10 December
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07 January 2009
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The Allocation and Transfer of Proceedings Order 2008 No 2836 (L 18)
Practice Direction (Allocation and Transfer of Proceedings) [2008 All ER (D) 118 (Nov)]
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07 January 2009
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Contempt of court
KJM Superbikes Ltd v Hinton [2008] EWCA Civ 1280 [2008] ALL ER (D) 200 (Nov); NLJ 28 November p1683
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Duty to be au courant with other issues
In Re N (a child) family proceedings: Immigration FD TLR 26 November
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Short marriage
Fallon v Fallon [2008] CA (Civ Div) 20 November. LSG 4 December p 16; SJ 2 December p 29
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The Forced Marriage (Civil Protection) Act 2007
The Forced Marriage (Civil Protection) Act 2007 came into force on 25 November. It inserts a new Part 4A into the Family Law Act to create a Forced Marriage Protection Order. An application for a FMPO can be made by the victim, any relevant third..
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07 January 2009
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Inspection by third party
L’Oreal SA and others v eBay International and others [2008] EWHC B13 Ch D
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07 January 2009
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‘Real prospect of success’
Abela and Ors v Hammonds Suddards and Ors CH D 2 December Lawtel 9 December
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07 January 2009
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Tolerated trespasser
Wandsworth LBC v Whibley CA TLR 25 November
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Contact with children
Children Act 1989 amendments
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07 January 2009
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Grounds for removal
Jones and others v Firkin-Flood and other [2008] EWHC 2417 (CH); [2008] ALL ER (D) 175 (Oct)
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07 January 2009
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