i-law.com - Newsletter (Litigation Letter)

Right to a Fair Trial

Habib Bank Ltd v Abbeypearl Ltd [2001] All ER(D) 185

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Contrary to the general belief, there is no need to send a client care letter. Law Society practice rule 15 requires certain information to be given at the outset of the retainer, but it does not stipulate how it is to be disclosed, provided it is..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Unenforceable Provision

Bankway Properties Ltd v Dunsford [2001] All ER(D) 104 (CA)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Assured Tenancies and Human Rights

Poplar Housing and Regeneration Community Association Ltd v Donoghue (CA LSG 11 May p38)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Procedure for Test Case

Regina (Tshikangu) v Newham LBC (QBD TLR 27 April)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Reconsideration By Judge

Compagnie Noga D’Importation Et D’Exportation SA and Others v Abacha and Others (No 2) (QBD ComCt NLJ 11 May p693)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Bias of Lay Tribunal Members

Scanfuture UK Ltd v Secretary of State for Trade and Industry (EAT TLR 26 April)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Justice for Pawnbroker

Wilson v First County Trust Ltd (No 2) CA TLR 16 May

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Election Petitions

Perhaps on the basis that what happens in the USA often subsequently crosses the Atlantic, the LCD’s Supreme Court Group has produced a leaflet to help those wishing to challenge the outcome of an election or to seek relief under certain..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Common Fee Enquiries

We are grateful to the Lord Chancellor’s Department’s Court Business for the following answers to frequent enquiries. Letter requesting the judge to make a decision and/or order Where a party/solicitor requests an order, for example,..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Matrimonial Homes Rights Entries in the Land Register

To ensure that its procedures are Human Rights Act compliant the Land Registry from 28 May has automatically served a notice informing the registered proprietor that an entry relating to a matrimonial home right has been made. No requests for the..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Varying a Mesher Order

Elliott v Elliott (CA CLW 6 April)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Parental Responsibility

The Adoption and Children Bill (which received its second reading on 26 March) includes a clause amending the Children Act 1989 to provide that unmarried fathers who jointly register their child’s birth acquire parental responsibility without..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Pension Sharing

According to The Times of 24 April pensions specialists are warning family solicitors to consult actuaries over pension sharing provisions. They say that calculating the amounts involved is intricate and contentious, the documentation involved and..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Intercountry Adoption

The Adoption of Children from Overseas Regulations 2001 (SI No 1251) came into force on 30 April. They impose requirements with which a person who is habitually resident in the British Isles must comply before and after bringing a child who is..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Evidence of Risk

Re C and B (Care Order: Future Harm) [2001] 1 FLR 611

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

“Big Money” Ancillary Relief

Cowan v Cowan CA TLR 17 May

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Private or Public Hearing?

B v United Kingdom; P v United Kingdom (EctHR TLR 15 May)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

New Family Hearing Centre

It is refreshing to have news of a county court which is not about to close. Although Yeovil Town FC narrowly failed to obtain promotion from the Conference, its county court has fared better, having been upgraded to a Family Hearing Centre on 5..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Preparation of Witness Statements

Aquarius Financial Enterprises Inc and Another v Certain Underwriters at Lloyd’s (QBD ComCt NLJ 11 May p694)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Tribunal Cannot Substitute Its Own Appraisal

Jones v Post Office (CA The Independent 26 April)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

After Acquired Knowledge

Loutchansky v Times Newspapers Ltd (CA NLJ 4 May p643)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Libel Summary Judgment

Alexander v Arts Council of Wales and Another (CA TLR 27 April)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Successive Actions

Johnson v Gore Wood & Co H of L [2001] 2 WLR 72

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Product Liability

In a two-page article “Damaging Goods” in the Solicitors Journal of 11 May, Simon Pearl examined the far-reaching implications of the decision in the hepatitis C litigation, A and Others v National Blood Authority and Another (20/LL..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Police Negligence

L (A Child) and Another v Reading BC (CA LSG 3 May p44)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

E-Settlements

There are now at least three online settlement schemes where claimants and defendants negotiate damages levels through a series of “blind bids” over the Internet. Each side submits a suggested settlement figure and when the figures are..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Wrong Measure

Crosse & Crosse v Lloyds Bank Plc (CA CLW 18 May)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Birth of Unwanted Child – 2

Parkinson v St James and Seacroft University Hospital NHS Trust (CA TLR 24 April)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Birth of Unwanted Child – 1

Greenfield v Irwin (A Firm) (CA TLR 6 February)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

On-Line Barrister’s Clerk

Jan Wood, a barrister’s clerk, has introduced “virtual reality clerking” operating by email and fax as an independent clerk from her home in Exeter for barristers locally and from London, Leeds and the Isle of Man. She says the..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

SCCO Guide to Summary Assessment

The published figures contained an error. Junior counsel up to five years’ call should have been shown as having been allowed brief fees of £325 for a one hour hearing in the Administrative Court, not £625. They have to be somewhat..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Costs of Preparing a Bill

We don’t believe it! The letter from Mr Terry Wisdom at 20/LL p39 correcting an error in our report of A Local Authority v A Mother and Child, itself contained an error. The word “not” appeared instead of “now”, which..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

The Community Legal Service (Cost Protection) (Amendment) Regulations 2001 (SI 2001/823)

Came into force on 2 April. They insert a new provision into regulation 5 of the Community Legal Service (Cost Protection) Regulations 2000 which contains provisions about costs orders against the LSC in proceedings where a party has been funded by..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

The Community Legal Service (Costs) (Amendment) Regulations 2001 (SI 2001/822)

Came into force on 2 April. They make changes to Part II of the Community Legal Service (Costs) Regulations 2000, which contain provisions about costs orders against parties funded by the LSC and costs orders against the Commission. The amendments..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Price Cutting

In an article entitled ‘Stack “em high” in the Solicitors Journal of 4 May, Christopher Stoakes wrote that client satisfaction research shows time and time again that price comes low down on a list of key factors when assessing a..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Hourly Rate and Overall Costs of a LIP

Stockinger v Highdorn Co Ltd & Ors (SCCO Report No 3 of 2001)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Lawyers’ Personal Liability

Harley v McDonald (PC TLR 15 May)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

The Slip Rule

Bristol Myers Squibb Co v Baker Norton Pharmaceuticals Inc (Costs) (CA TLR 26 April)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Security Against Alien

Nasser v United Bank of Kuwait (CA 11 April unreported)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Liability of Director

Trustor AB v Smallbone and Others (Ch D SJ 4 May LB99)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Practice Direction on Citation of Cases

Introduction 1. In recent years, there has been a substantial growth in the number of readily available reports of judgments in this and other jurisdictions, such reports being available either in published reports or in transcript form. Widespread..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Against Striking Out

Asiansky Television Plc v Bayer Bosin (A Firm) (QBD 14 December unreported)

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001

Mediation Quality Mark

On 23 March the Government published its Pledge on ADR declaring its intention to settle legal disputes out of court. In future, Government departments will only go to court as a last resort, settling their legal disputes by mediation or..

Online Published Date: 01 June 2001

Appeared in issue: Volume 20 No. 6 - 01 June 2001