i-law.com - Newsletter (Litigation Letter)

Judicial review

Mount Cook Land Ltd and another v Westminster City Council (CA LTR 14 October)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

According to the legal technology company, Private Word, each year the average solicitor forfeits 240 billable hours on travel, which Private Word says is the equivalent of a £24,000 shortfall per fee-earner. It contends that the majority of..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Awarding costs without trial

BCT Software Solutions Ltd v C Brewer & Sons Ltd (CA LSG 18 September)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Non-contentious probate

Jemma Trust Company Ltd v Forrester and another ([2003] EWCA Civ 1476 24 October)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Predictable costs and the client

Judith Purchas, the remuneration policy adviser at the Law Society, warned that the predictable costs scheme has implications for retainers with a number of choices to be considered and understood. Costs recovered belong to the client and under the..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Predictable success fees

Following the implementation of the predictable costs scheme for pre-action RTA claims (22/LL p85), further industrial agreement has been reached on success fees. At a meeting of representatives from all sides of the costs industry facilitated by..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Referring to the RSC

Omega Engineering Inc v Omega SA (ChD TLR 29 September)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Amendments

The 33rd update of the Civil Procedure Rules introduced the following new rules in the Civil Procedure Rules 1998: Section III of Part 34, which sets out the procedure for requesting evidence to be taken in a Member State of the European Union to..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Requests for transcripts

Each court has a list of approved transcribers. Should a party to proceedings or any other person require a transcript, the court should supply a copy of the latest approved list and a Tape Transcription Request (form EX 107) free of charge and..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Preserving the subject matter

Belize Alliance of Conservation Non-Governmental Organisations v Dept of the Environment and another (PC TLR 25 September)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Encouraging risk-takers

In welcoming the Enterprise Act 2002 (which came into force on 15 September in respect of companies and comes into force in respect of personal bankruptcy on 1 April 2004) reducing the period of presumed discharge from bankruptcy from three years..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Sanctions as alternative

Price v Price (t/a Poppyland Headwear) (CA TLR 28 July)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Developing jurisprudence

Equitable Life Assurance Society v Ernst & Young (a firm) (CA TLR 10 September)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Costs sanction alternative

Parnall v Hurst and others (ChD TLR 10 July)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Negligent administration of will

Chappell v Somers & Blake (a firm) (ChD TLR 2 September)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Alternatives

Binks v Securicor Omega Express (CA TLR 27 August)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Civil restraint orders

Bhanjee v Forsdick and others (CA TLR 31 July)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

When did the proceedings end?

Knight v Rochdale Healthcare NHS Trust and others ([2003] EWCA 1831; (QB) NLJ 1 August)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Loss adjuster’s knowledge imputed to insurer

Graham v Entec Europe Ltd (t/a Exploration Associates) (CA TLR 10 September)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Service on date of posting

C A Webber (Transport) Ltd v Railtrack plc (CA TLR 5 August)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Postponement of possession orders

Hackney LBC v Side by Side (Kids) Ltd (QBD TLR 5 August)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Failure to specify date was fatal to notice

McDonald and another v Fernandez and another (CA TLR 9 October)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Protecting individuals who lack mental capacity

The Government has published a draft Bill that would create a new statutory framework to help provide protection for adults who lack mental capacity and for those caring for them. There are also proposals to enable people who want to plan for..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Defendant’s non-attendance

Hackney LBC v Driscoll (CA TLR 29 August)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Disclosure of documents

Pantmaenog Timber Co Ltd (in liquidation) Official Receiver v Meade-King (a firm) and others (HL NLJ 12 September)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Judgment in private

Re Trustees of X Charity ([2003] 3 All ER 860)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Advicenow

Advicenow is a new website created by Advice Services Alliance (ASA), an umbrella body for independent advice services in the UK, to provide the public with legal information. Advicenow brings together information from many members of the ASA to..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Identifying the perpetrator

In re A (a child) (care proceedings: non-accidental injury) (CA TLR 22 August)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Early intervention in contact disputes

A report, New Approaches to Contact, Contact Dispute Resolution: Early Intervention, based on the practice in Florida and California, proposes that couples be required to attend mediation and briefings on post-separation parenting before they can..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Presumption of legitimacy or inference of paternity?

Secretary of State for Work and Pensions v Jones (FD TLR 13 August)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Disclosure orders

After discussions between the President of the Family Division and the Solicitor of the Inland Revenue, the Inland Revenue has indicated that it will in future comply with all disclosure orders made against it provided they are made under the..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Public law is a growth industry

..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Reconsidering periodical payments

Pearce v Pearce (CA TLR 1 September)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Limiting number of experts

S v Chesterfield and North Derbyshire Royal Hospital NHS Trust (CA LSG 9 October)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Aggravated damages for promoting a racist

British Telecommunications plc v Reid (CA TLR 9 October)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Defective protective clothing

Fytche v Wincanton Logistics plc (CA LSG 18 September)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

ET’s jurisdiction over chief constable

Chief Constable of Kent County Constabulary v Baskerville (CA TLR 10 September)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Psychiatric injury

Salter v UB Frozen and Chilled Foods Ltd (Court of Session Outer House TLR 6 October)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Duty of care

Simonds v Isle of Wight Council (QBD TLR 9 October)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

The death of with-profits structured settlements

The only two life offices offering with-profit structured settlement annuities, Windsor Life and NFU Mutual, have effectively now closed their books to new structured settlement business of any kind, not just with-profits. For the time being at..

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Against the Court?

Kobler v Republik Osterreich (ECJ TLR 3 October)

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003

Split trial

Gow v Harker CA LSG 9 October

Online Published Date: 01 November 2003

Appeared in issue: Volume 22 No. 9 - 01 November 2003