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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