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2005 Third Amendment
The Civil Procedure (Amendment No 3) Rules 2005 (SI 2005 No 2292) adds the following new provisions to the Civil Procedure Rules 1998:
A new rule 3.7A, which provides sanctions for nonpayment of fees in respect of counterclaims.
A new rule 3.7B,..
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01 November 2005
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Volume 24 No. 9 - 01 November 2005
Urgent relief from the court
Cetelem SA v Roust Holdings Ltd [2005] EWCA Civ 618
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01 November 2005
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Split-issue leave
R (Jones and others) v Ceredigion County Council CA TLR 16 September
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01 November 2005
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UK family law not human rights complaint
(i) Discrimination against unmarried fathers M v United Kingdom (Application no 6638/03) ECHR TLR 15 September
Between 1987 and 1997 the applicant lived in a stable relationship with Miss D, who in June 1991 gave birth to a daughter, of whom the..
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01 November 2005
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Volume 24 No. 9 - 01 November 2005
Place of debtor’s operations
Shierson v Lieland-Boddy CA TLR 26 September
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01 November 2005
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Post-adoption contact
In re R (a child) (adoption: contact) CA TLR 15 September
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01 November 2005
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Volume 24 No. 9 - 01 November 2005
‘CSA – where’s the saving?’
In an article in the Solicitors Journal of 23 September 2005, James Perrie commented that the Child Support Agency was introduced in order to replenish the treasury coffers, emptied by the demands of housing estate mums. He produced a table showing..
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01 November 2005
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Volume 24 No. 9 - 01 November 2005
No ‘no order principle’
In re G (children) (residence: making of order) CA TLR 14 September
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01 November 2005
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Civil partnerships
Here is a brief summary of the provisions for and consequences of the registration of same-sex civil partnerhips.
Registration
To register a civil partnership, both partners must:
be of the same sex;
sign a civil partnership document in front of..
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01 November 2005
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Volume 24 No. 9 - 01 November 2005
Solicitor’s notes not privileged
Comfort v Department for Constitutional Affairs EAT LSG 15 September
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01 November 2005
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Entire agreement clauses
Royal National Lifeboat Institution v The Bushaway (2005) IRLR 674; LSG 6 October
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01 November 2005
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Contractual retirement date
Payne v Royal & Sun Alliance Insurance Group plc EAT TLR 12 October
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01 November 2005
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Opportunity to answer
Armstrong v Times Newspapers Ltd and others CASJ 12 August
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01 November 2005
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Periodical payments practice
McDermott v North Cheshire Hospitals NHS Trust QBD Manchester District Registry 18 May
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01 November 2005
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Assessing contribution
Brian Warwicker Partnership v HOK International Ltd CA TLR 19 September
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01 November 2005
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Judicial appointments
A new Court of Protection will start work when the Mental Capacity Act 2005, which received the Royal Assent on 7 April, comes into force in April 2007. The new court will have jurisdiction in relation to the Act and will hear finance, health and..
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01 November 2005
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Volume 24 No. 9 - 01 November 2005
Small claims appeals
The Department for Constitutional Affairs has published a consultation paper, proposing to extend the protection against legal costs in small claims cases to cover appeals. At present, when a small claim goes to appeal, the successful party is able..
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01 November 2005
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Costs protection
Weir and others v The Secretary of State for Transport ChD LTL 21 April
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01 November 2005
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Liability of insolvency practitioner
Smurthwaite v Simpson-Smith and another ChD LTL 28 April
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01 November 2005
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Volume 24 No. 9 - 01 November 2005
Media CFAs
At the IBA conference international media claims management session, Alistair Pepper said that no UK media law firm had been able to make conditional fee agreements work properly by achieving overall costs neutrality because the problem with..
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01 November 2005
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Volume 24 No. 9 - 01 November 2005
Part 36 – who is liable?
E Ivor Hughes Educational Foundation v Leach [2005] All ER (D) 1272
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01 November 2005
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Refusal to mediate
The Weathered Estate Ltd v Davis and others ChD LSG 13 October
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01 November 2005
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Civil Justice Council’s recommendations
In its report Improved Access to Justice – Funding Options and Proportionate Costs, The Civil Justice Council observed that although the proportionality and funding problems identified in our jurisdiction (England and Wales) possess..
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01 November 2005
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Volume 24 No. 9 - 01 November 2005
CPR 40th Update – costs amendments
(i) Rule 3.1 is amended to give the court an explicit power to order a party to file and serve an estimate of costs. In addition, a new Section 6 is added to the Costs Practice Direction 43–48.
(ii) Silence
Rule 44.13 is amended to regularise..
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01 November 2005
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Volume 24 No. 9 - 01 November 2005