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..
Digicel (St Lucia) Ltd and others v Cable & Wireless Plc and others  EWHC 2522 (CH) (23 Oct)
Enforcing part of an award
IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation CA TLR 11 November
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..
Test case costs
Peer International Corporation and others v Editora Musical de Cuba  EWCA Civ 1260 26 November
The price of aggressive conduct
Strachey v Ramage  EWCA Civ 804 16 July
Cuthbert v Gair SCCO 3 September; LSG 16 October; ALCD Journal November
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..
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..
Peakman v Linbrooke Services Ltd  EWCA Civ 1239 13 November; SJ 25 November p25
Business Environment Bow Lane Ltd (formerly Ravencap (No 2) Ltd v Deanwater Estates Ltd (formerly Gooch Webster Ltd  EWHC 2003 (TCC) QBD 31 July
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]  EWCA Civ 1375 11 December
Non-party costs orders
Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates  EWHC 2795 QBD 18 November
Thompstone v Tameside NHS Foundation Trust  EWHC 2948 QBD 2 December
In the six combined cases known collectively as the ‘Employers’ Liability Policy “Trigger” Litigation’ or the ‘Durham cases’  EWHC (QB) 2692, the judge ruled that victims can claim against the..
Misfeasance in public office
Hussain v Chief Constable of West Mercia Constabulary CA TLR 17 November
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..
Offer to make amends
Club la Costa (UK) plc v Gebhard and another QBD TLR 10 December
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)]
Contempt of court
KJM Superbikes Ltd v Hinton  EWCA Civ 1280  ALL ER (D) 200 (Nov); NLJ 28 November p1683
Duty to be au courant with other issues
In Re N (a child) family proceedings: Immigration FD TLR 26 November
Fallon v Fallon  CA (Civ Div) 20 November. LSG 4 December p 16; SJ 2 December p 29
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..
Inspection by third party
L’Oreal SA and others v eBay International and others  EWHC B13 Ch D
‘Real prospect of success’
Abela and Ors v Hammonds Suddards and Ors CH D 2 December Lawtel 9 December
Wandsworth LBC v Whibley CA TLR 25 November
Contact with children
Children Act 1989 amendments
Grounds for removal
Jones and others v Firkin-Flood and other  EWHC 2417 (CH);  ALL ER (D) 175 (Oct)