i-law

Litigation Letter

Review
The Lord Chancellor has appointed the retired Court of Appeal judge, Sir Andrew Leggatt, to head a wide-ranging, independent review of tribunals in England and Wales. His terms of reference are to ensure that: – there are fair, timely,..
Online Published Date:  01 June 2000
Old Rules for Writ
Pirelli Cables Ltd and others v United Thai Shipping Corporation Ltd and others (QBD TLR 12 May)
Online Published Date:  01 June 2000
Out of the Jurisdiction
The Civil Procedure (Amendment No 2) Rules 2000 amend CPR 6.21 to add a requirement that the court must be satisfied that England and Wales is the proper place to bring the claim before giving permission to serve a claim form out of the..
Online Published Date:  01 June 2000
QUEEN’S COUNSEL 2000
The list was accompanied by the usual flood of critical analysis. There were 78 successful applicants, a record, all of whom were barristers. Not a record. None of the six solicitor applicants was appointed. Ten out of 53 women were successful, but..
Online Published Date:  01 June 2000
Delay
Corbin v Penfold Metallising Co Ltd (CA TLR 2 May)
Online Published Date:  01 June 2000
Property Under-Valuation
Mortgage Corporation plc v Lambert & Co (CA TLR 24 April)
Online Published Date:  01 June 2000
Sale by Mortgagee
Raja v Lloyds TSB Bank Plc (Ch D TLR 16 May)
Online Published Date:  01 June 2000
Possession Order Should Not Have Been Suspended
TAJ v ALI (CA LSG 28 April p36)
Online Published Date:  01 June 2000
The Rights of a Tolerated Trespasser
Pemberton v Southwark LBC (CA TLR 26 April)
Online Published Date:  01 June 2000
Duty to Alert the Court of Possible Settlement
HFC Bank Plc v HSBC Bank Plc (CA TLR 26 April)
Online Published Date:  01 June 2000
Compensating Creditors for Injuries to the Bankrupt
Alistair Abbott discussed the implications of Ord v Upton [2000] 1 All ER 193 CA in the New Law Journal of 28 April at page 611. The court held that a cause of action for personal injury arising out of medical negligence was not divisible. Because..
Online Published Date:  01 June 2000
Bankrupts’ Pensions
Krasner v Dennison and others; Lawrence v Lesser (CA TLR 18 April)
Online Published Date:  01 June 2000
Inappropriate Human Rights Arguments
Daniels v Walker (CA TLR 17 May)
Online Published Date:  01 June 2000
CAFCASS
The Criminal justice and Court Services Bill, as expected, includes proposals for the new Children and Family Court Advisory and Support Service into which the family court welfare service will be absorbed. Jane Kennedy, a parliamentary..
Online Published Date:  01 June 2000
No CSA Credit for Advance Payments
R v Secretary of State for Social Security ex parte Newmarch Singh (LSG 5 May p34)
Online Published Date:  01 June 2000
Committal Order Suspended Indefinitely
Griffin v Griffin (CA TLR 2 May)
Online Published Date:  01 June 2000
Child Care Guidance
In Re E and others (Minors) (Care Proceedings: Social Work Practice) (FD TLR 10 May)
Online Published Date:  01 June 2000
The Divorce etc (Pensions) Regulations 2000
Coming into force 1 December 2000-05-25
Online Published Date:  01 June 2000
Divorce Statistics
Divorce is going down. 158,700 divorces in 1991 were reduced to 146,700 in 1997 and to 145,200 in 1998 according to the latest figures published by the Office for National Statistics. In 1998, 12.9% married people were divorced after an average..
Online Published Date:  01 June 2000
Instructing Second Expert
Daniels v Walker (CA TLR 17 May)
Online Published Date:  01 June 2000
Disclosure of Documents
Barings plc and others v Cooper Lybrand and others (CA NLJ 5 May)
Online Published Date:  01 June 2000
England is Libel Capital of the World
Berezovsky v Forbes Inc and another, Glouchkov v Same (H of L TLR 16 May; NLJ 19 May p741)
Online Published Date:  01 June 2000
Misfeasance in Public Office
Three Rivers District Council and others v Governor and Company of the Bank of England (No 3) (H of L TLR 19 May)
Online Published Date:  01 June 2000
Contributory Negligence
Cargill v E R Excavations (QBD Preston District Registry PMILL May 2000)
Online Published Date:  01 June 2000
Balancing Exercise on Interest Award
Adcock v Co-operative Insurance Society Ltd (CA TLR 26 April)
Online Published Date:  01 June 2000
Car Hire and the Consumer Credit Act 1974
Dimond v Lovell (H of L TLR 12 May; NLJ 19 May p740)
Online Published Date:  01 June 2000
Damages for Disciplinary Demotion
Casey v Morane Ltd (CA TLR 10 May)
Online Published Date:  01 June 2000
Orders for State Funded Detailed Assessments
The Community Legal Service (Funding) Order 2000 Sl 00/627 preserves regulation 107 of the Civil Legal Aid (General) Regulations 1989 in respect of clients funded under the Community Legal Service (Article 8) and under a contract in respect of..
Online Published Date:  01 June 2000
Assessment Where no Proceedings
Rule 17 of the Civil Procedure (Amendment No 3) Rules 2000 from 3 July introduces a new CPR 44.12A which contains a useful new procedure to be followed where the parties to a dispute have reached an agreement on all issues, including which party is..
Online Published Date:  01 June 2000
The Civil Procedure (Amendment No 3) Rules 2000
Coming into force 3 July
Online Published Date:  01 June 2000
Recovery of Success Fees and Insurance Premiums
The Access to Justice Act 1999 (Transitional Provisions) Order 2000 provided that paragraphs (6) and (7) of s58A of the Courts and Legal Service Act 1990 (which are inserted by s27 of the 1999 Act and relate to the recovery, under a costs order, of..
Online Published Date:  01 June 2000
Recovery of Costs by Membership Organisations
The Access to Justice (Membership Organisation) Regulations 2000 which came into force on 1 April define the bodies which are prescribed for the purpose of s30 of the Access to Justice Act as able to recover a sum as part of legal costs from..
Online Published Date:  01 June 2000
No Unlimited Success Fees
..
Online Published Date:  01 June 2000
Following the Event
Brent LBC v Aniedobe (Current Law Week 12 May)
Online Published Date:  01 June 2000
CLS Costs-benefit Matrix
The Practical Lawyer for April contained this helpful summary of the General Funding Code of the Legal Services Commission, costs-benefit matrix for deciding whether funding should be granted. Prospects of success Certificate issued before 1..
Online Published Date:  01 June 2000
The Civil Procedure (Amendment No 2) Rules 2000
Sl No 940 (L.9) Came into force: 2 May
Online Published Date:  01 June 2000
Payment into Court Was on Trust
Regina v Common Professional Examination Board, ex parte Mealing-Mccleod (CA TLR 2 May)
Online Published Date:  01 June 2000
Interim Bills
Abedi v Penningtons (a firm) (CA NLJ 31 March p465)
Online Published Date:  01 June 2000
Extortionate Credit Provisions
The Department of Trade and Industry has issued a consultation paper, Extortionate Credit Provisions in the Consumer Credit Act 1974, following a recommendation that courts should have powers under the Act to reopen a credit agreement on their own..
Online Published Date:  01 June 2000
Use of Lawtel Summaries Intolerable
Hamblin v Field (CA TLR 26 April)
Online Published Date:  01 June 2000
The Access to Justice Act 1999 (Destination of Appeals) Order 2000
Sl No 1071 (L.10) Came into force: 2 May
Online Published Date:  01 June 2000
FAMILY WORK – THE WAY AHEAD?
The President of the Family Division, the Rt Hon Dame Elizabeth Butler-Sloss, DBE, was the principal guest at the Solicitors Family Law Association 12th Annual Conference. We have extracted the following notes from the report of her speech in the..
Online Published Date:  01 June 2000

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