i-law

Litigation Letter

Pro bono orders

Writing in the New Law Journal of 30 April, George Gordon, the winner of the inaugural Access to Justice Foundation Student Prize, observed that the popularity of pro bono costs orders has, so far, been disappointing. The availability of pro bono..
Online Published Date:  26 May 2010

No-fault compensation?

The Master of the Rolls, Lord Neuberger, has been quoted as saying that if the recommendations of Lord Justice Jackson’s review of the costs of civil litigation are not implemented it may be appropriate to reconsider the introduction of..
Online Published Date:  26 May 2010

Indemnity basis

Digicel (St Lucia) Ltd (A company registered under the laws of St Lucia) and seven others v Cable & Wireless and five others [2010] EWHC 888 (Ch)
Online Published Date:  26 May 2010

Regional success

The Administrative Court began sitting in Birmingham, Cardiff, Leeds, and Manchester on 21 April 2009 and by 5 March 2010, 9% of judicial review cases (1345) were issued in these regional centres, exceeding the target of 7% based on the claims..
Online Published Date:  26 May 2010

Tribunal Appeals

On 18 January the appeals system for dealing with information rights cases radically changed. Judge Nick Wikeley, the Upper Tribunal Administrative Appeals Chamber’s lead judge on information rights, has explained the new arrangements, which..
Online Published Date:  26 May 2010

Insolvency rules amendments

The Insolvency (Amendment) Rules 2010 (SI2010/686) introduced the following amendments: 1) Affidavits are replaced by witness statements supported by statements of truth. 2) Ordinary applications and originating applications in Forms 7.1 and 7.2..
Online Published Date:  26 May 2010

Liability to trespasser

Mann v Northern Electric Distribution Ltd [2010] EWCA Civ 141, [2010] All ER (D) 298 (Feb); NLJ 23 April p567
Online Published Date:  26 May 2010

‘Arrogant, enthusiastic removers of children’

EH v London Borough of Greenwich and others [2010] EWCA Civ 344; SJ 20 April p4
Online Published Date:  26 May 2010

Indemnity costs

Webster v Ridgeway Foundation Schools [2010] EWHC 318 (QB)
Online Published Date:  26 May 2010

The First–tier Tribunal (Information Rights)

The First–tier Tribunal (Information Rights), part of the General Regulatory Chamber (GRC) of the First-tier Tribunal, has replaced the former Information Tribunal. Before 18 January 2010, appeals from the Information Commissioner went to the..
Online Published Date:  26 May 2010

Costs of dismissed winding-up petition

Irish Reel Productions Ltd v Capitol Films Ltd [2010] EWHC 180 (Ch), TLR 28 April
Online Published Date:  26 May 2010

Breach of non-molestation order

R v Richards, Court of Appeal (Criminal Division) 28 April
Online Published Date:  26 May 2010

New guideline hourly rates

The Master of the Rolls has accepted the recommendation of the Advisory Committee on Costs that the guideline hourly rates for Summary Assessment should be increased in line with inflation by 1.7% with effect from 1 April as follows (in..
Online Published Date:  26 May 2010

APIL v Jackson

Muiris Lyons, the new president of the Association of Personal Injury Lawyers (APIL) has criticised Lord Justice Jackson’s report on the costs of civil litigation as being ‘simply the view of one judge’ which if implemented would..
Online Published Date:  26 May 2010

Closed procedure (1)

Al Rawi and others v Security Service and others [2010] EWCA Civ 482, TLR 7 May
Online Published Date:  26 May 2010

Judicial mediators fail

Law Society Gazette 22 April
Online Published Date:  26 May 2010

Discontinuance of consumer credit claims

Teasdale v HSBC Bank Plc and associated actions [2010] EWHC 612 (QB)
Online Published Date:  26 May 2010

Closed procedure (2)

Tariq v Home Office [2010] EWCA Civ 462, [2010] All ER (D) 08 (May)
Online Published Date:  26 May 2010

Unlawful detention

Muuse v Secretary of State for the Home Department [2010] EWCA Civ 453, TLR 10 May
Online Published Date:  26 May 2010

The Upper Tribunal (Administrative Appeals Chamber)

The Upper Tribunal is a Superior Court of Record with UK wide jurisdiction. The main work of the Upper Tribunal’s Administrative Appeals Chamber (UT AAC) is to decide applications for permission to appeal and appeals on points of law from..
Online Published Date:  26 May 2010

Compensation for suicide

Savage v South Essex Partnership NHS Foundation Trust [2010] EWHC 865 (QB); SJ 4 May p3
Online Published Date:  26 May 2010

Adverse reflection on claimant

Miller v Associated Newspapers Ltd [2010] EWHC 700 (QB); LSG 22 April p14
Online Published Date:  26 May 2010

New contract with solicitors?

Despite over 10 years of negotiations between the Bar Council and the Law Society, barristers are still instructed by solicitors on non-contractual and non-enforceable terms. A barrister’s sanction for non-payment of fees remains a complaint..
Online Published Date:  26 May 2010

Legal representation

R (on the application of Humberstone) v LSC and HM Coroner for South Yorkshire [2010] EWHC 760 (Admin); SJ 20 April p2
Online Published Date:  26 May 2010

Fact-finding hearing refused

In the matter of C (children) [2009] EWCA Civ 994
Online Published Date:  26 May 2010

Private Law Programme Practice Direction

Sir Mark Potter’s parting gift to the Family Division before his retirement as President was the Revised Private Law Program Practice Direction (PLP) which came into effect on 1 April, although the courts have until 4 October to effect its..
Online Published Date:  26 May 2010

Insurance brokers duty of care

Jones v Environcom Ltd and another MS plc (t/a Miles Smith Insurance Brokers), third party) [2010] EWHC 759 (Comm), [2010] All ER (D) 76 (Apr); NLJ 23 April p585
Online Published Date:  26 May 2010

Approval of damages

In a letter in the APIL PI Focus issue 3, Daryl Robinson of Lloyd Green Solicitors drew attention to a subtle rule change which deprived district judges of the jurisdiction to hear applications to approve settlements or compromises on behalf of a..
Online Published Date:  26 May 2010

Harbour Litigation Funding raises £60m

Harbour Litigation Funding (Harbour) has announced a new closed-ended investment fund of £60m, Harbour Litigation Investment Fund, LP, to invest primarily in UK-based commercial legal actions (including arbitrations) and will be advised by HLF..
Online Published Date:  26 May 2010

Enforcement

NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41, TLR 7 May
Online Published Date:  26 May 2010

Judicial Review

R (on the application of Clue) v Birmingham City Council and Others [2010] EWCA Civ 460, TLR 7 May
Online Published Date:  26 May 2010

Extent of duty of care

Tom Hoskins Plc v EMW Law (a firm) [2010] EWHC 479 (Ch), [2010] All ER (D) 54 (Apr); NLJ 23 April p584
Online Published Date:  26 May 2010

Ruined holiday

Milner and another v Carnival Plc (t/a Cunard) [2010] EWCA Civ 389; SJ 27 April p2
Online Published Date:  26 May 2010

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