- Home/Publications/Litigation Letter
No leading questions to ECJ
SAS Institute Inc v World Programming Ltd [2010] EWHC 1829 (Ch); TLR 11 February
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Success fee disproportionate
MGN Ltd v United Kingdom ECtHR (Application No 39401/04); TLR 20 January
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
The worst of all worlds
In response to the government’s consultation paper on his Review of Civil Litigation Costs (LL/29 p112) Lord Justice Jackson wrote to the Lord Chancellor on 14 January: ‘Dear Lord Chancellor, I attach a copy of my Response to..
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Security
Huscroft v P&O Ferries Ltd [2010] EWCA Civ 1483; TLR 11 February
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Qualified privilege
Clift v Slough Borough Council [2010] EWCA Civ 1171; [2010] WLR (D) 343; TLR 25 January
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
VAT on medical reports
Barratt Goff & Tomlinson (BGT) supported by the Law Society have successfully challenged the assessment for VAT of medical reports and records to be used in litigation. The fee paid to medical experts’ reports and records had previously..
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Consultation
The Business Secretary, Vince Cable, has launched consultation on various aspects of employment. They include:
compulsory pre-claim conciliation by Acas;
the qualifying period of employment for unfair dismissal claims to be increased from one..
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Res judicata
Regina (Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1; [2011] WLR (D) 3; TLR 31 January
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Independent advice
Section 147 of the Equality Act 2010 requires employers and employees to receive advice from an ‘independent advisor’ before signing compromise agreements involving discrimination. The Law Society has received conflicting advice on what..
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Fatal exaggeration
Yagenah v Zurich Plc [2010] EWHC 1185 (QB); SJ 25 January p17
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Judgitis
Judge Willis: 'What do you suppose I am on the Bench for, Mr Smith?' F.E. Smith: 'It is not for me to attempt to fathom the inscrutable workings of Providence.'
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Nightclub's duty of care
Everett and another v Comojo (UK) Ltd (T/A The Metropolitan) and others [2011] EWCA Civ 13 18 Jan; SJ 25 Jan p39
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Repudiatory breach by solicitors
Minkin v Cawdery Kaye Fireman & Taylor (a firm) [2011] EWHC 177 (QB); 7 February
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
The Supreme Court
In its first 12 months the Supreme Court heard 67 appeals, handed down 62 judgments, considered 206 applications for permission to appeal, and welcomed over 40,000 visitors through the door. Including the Michaelmas term just ended, the total is 85..
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Nuclear tests damages
AB and others v Ministry of Defence [2010] All ER (D) 252 (Nov); [2010] EWCA Civ 1317; TLR 19 January
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Case management
President’s Guidance (Case Management Decisions and Appeals there from) [2011] All ER (D) 36 (Jan)
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Loan-funded divorce
An article in the Solicitors Journal of 1 February 2011 reports that although solicitors will not usually bill clients until a settlement is finalised, other professionals expect payment for their services as they are provided, which is one of the..
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Meaning of 'homeless'
Yemshaw v Hounslow London Borough Council [2011] UKSC 3; [2011] WLR (D) 18; SJ 8 February p30
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Revocation of probate
Gill v Woodall and others [2010] EWCA Civ 1430; [2011] WLR (D) 328; TLR 1 February
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Citation
TW v A City Council [2011] EWCA Civ 17; [2011] WLR (D) 9; TLR 25 January
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Inherent vice
Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad [2011] UKSC 5; [2011] WLR (D) 31; TLR 9 February
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Third-party disclosure
Re Branchempire Ltd, Rubin v Coote [2010] EWHC 3017 (CH), [2011] All ER (D) 44 (Jan); NLJ 21 January
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
How to exclude e-service
In an article ‘Are you being served?’ in the Solicitors Journal of 21 January, Seamus Smyth considered the benefits of avoiding e-service.
Problems:
1) E-service makes it easier for opponents and they accelerate service by two days. If..
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Avoiding registration
Under the Register of Judgments, Orders and Fines Regulations 2005, a judgment arising out of a contested county court hearing is not registrable at the Register of County Court Judgments etc. The Judicial Line, in the New Law Journal of 28 January..
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Wait and see
Masefield AG v Amlin Corporate Member Ltd [2011] EWCA Civ 24; [2011] WLR (D) 23; LSG 10 February p18
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Anonymity
JIH v News Group Newspapers [2011] EWCA Civ 42, 31 January; LSG 17 February p18
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Surrogacy
In Re T (a child) [2011] EWHC 33 (Fam) [2011] All ER (D) 171 (Jan); SJ 1 February p5; NLJ 11 February p195
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Volunteers
X v Mid-Sussex Citizens Advice Bureau and others [2011] EWCA Civ 28; SJ 1 February p5
Online Published Date:
02 March 2011
Appeared in issue:
Volume 30 No. 3 - 01 March 2011
Inheritance
Six wives
Official Solicitor to the Senior Courts v Yemoh and others [2010] WLR (D) 334 (ChD); TLR 7 March
The Official Solicitor sought guidance in relation to the estate of Benjamin Yemoh who died intestate on 20 September 1981. At his death the..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Insured claimant’s success fee
Sousa v Waltham Forest LBC [2011] EWCA Civ 194; TLR 9 March
Is it permissible for the court to have regard to the fact that the claimant is insured (and has been fully indemnified) in considering the question whether it was reasonable for the..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Costs
Costs Lawyers Standards Board
From November the CLSB will assume responsibility for regulating costs lawyers. The Legal Ombudsman (LeO) will consider service complaints and the CLSB will consider conduct complaints against costs lawyers. As part of..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Damages
Mesothelioma from small exposure to asbestos
Karen Sienkiewicz (Administratrix of the estate of Enid Costello, deceased) v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore [2011] UKSC 10, 9 March; SJ 15 March p30
These were two..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Injunction
Asset freezing wording changed
JSC BTA Bank v Kythreotis and others [2010] EWCA Civ 1436; [2010] WLR (D) 326; TLR 23 February
An amendment to the standard form of asset-freezing injunction in the Admiralty and Commercial Courts Guide in Civil..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Family
No capitalisation of earning capacity
Jones v Jones [2011] EWCA Civ 41, 28 Jan, [2011] All ER (D) 231 (Jan); NLJ 11 February p210
When an asset of a spouse represented the proceeds of sale of a company which he had brought into existence before, and..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Charterparty
Effect of piracy
COSCO Bulk Carrier Co Ltd v Team-Up Owning Co Ltd (‘The Saldanha’) [2010] EWHC 1340 (Comm) 11 June 2010
The charterer appealed against a decision that under a time charterparty it was not entitled to put a vessel..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Fees
The Civil Proceedings Fees (Amendment) Order 2011
S. I. 2011 No. 586 (L. 2) Coming into force 4 April 2011
This Order provides for the increase of certain fees payable in relation to civil proceedings in the Court of Appeal, High Court and county..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Intestacy
Mirror wills
Marley v T & M Rawlings [2001] EWHC 161 (Ch), [2011] All ER (D) 43 (Feb); NLJ 11 March p356
Mr & Mrs Rawlings made mirror wills bequeathing their estates to each other, and on the survivor’s death to their adopted son, who..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Employment
Protective equipment
Threlfall v Hull City Council C [2010] EWCA Civ 1147; TLR 4 March
The claimant was one of a team maintaining the gardens of some unoccupied council houses. While dealing with a plastic bag of rubbish, wearing gloves provided by..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Evidence
Disclosure of expert’s report
Edwards-Tubb v JD Wetherspoon Plc [2011] EWCA Civ 136, 25 February; SJ 8 March pp16 and 31
CPR rule 35.2 makes it clear that CPR Part 35 is concerned with experts who are instructed to report ‘for the..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Civil Procedure Rules
Update
The 55th Update to the Civil Procedure Rules introduces changes in a large number of areas. All amendments come into force on 6 April with the exception of:
Amendments to Part 79 concerning appeals against designations under the Terrorist..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011
Company
What is insolvency?
BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others [2011] EWCA Civ 227; [2011] WLR (D) 73; TLR 14 March
The Court of Appeal rejected a submission that in deciding if a company was deemed to be insolvent,..
Online Published Date:
25 March 2011
Appeared in issue:
Volume 30 No. 04 - 25 March 2011