i-law

Litigation Letter

Children's settlement costs disproportionate

Dockerill and Anor v Tullett; Macefield v Bakos; Tubridy v Sarwar [2012] EWCA Civ 184; 24 February 2012
Online Published Date:  29 March 2012

Money Claims Centre

A new County Court Money Claim Centre (CCMCC) comprising the National Business Centre based in Salford and the Contact Centre based in Loughborough was established by the Civil Procedure (Amendment No 4) Rules 2011 (SI 2011/3103) from 19 March. The..
Online Published Date:  29 March 2012

'Why 10 percent?'

To ensure that damages which may be intended to cover future medical care are not substantially eaten into by legal fees, Sir Rupert Jackson recommended in para 5.3 of Chapter 10 of his Final Report of the Review of Civil Litigation Costs (the FR),..
Online Published Date:  29 March 2012

Avoiding another costs war

In an important article entitled ‘ Taking up arms’ in the Law Society Gazette of 15 March, Jeremy Morgan QC, one of the assessors on the Jackson Review, attempted to avert what he foresaw as Costs War II arising out of the proposed..
Online Published Date:  29 March 2012

Discretion under CPR Part 36

Lumb v Hampsey [2011] EWHC 2808 (QB); 11 October 2011
Online Published Date:  29 March 2012

Quia timet injunction

Islington London Borough Council v Elliott and Anor [2012] EWCA Civ 56; 1 February 2012
Online Published Date:  29 March 2012

Austerity

District Judge Richard Chapman, the new President of the Association of Her Majesty’s District Judges, speaking about the austerity measures that will continue to hit litigants in person said: ‘I have every sympathy for the policy makers..
Online Published Date:  29 March 2012

Resiling from admission

Marks & Spencer v Castle [2011] EWHC 3195 (QB), [2011] All ER (D) 96 (Nov); 14 November 2011
Online Published Date:  29 March 2012

Contentious probate

Wharton v Bancroft and Ors [2012] EWHC 91 (Ch); 30 January 2012
Online Published Date:  29 March 2012

Occupier's liability for grass verge

Maynard v Wigan Metropolitan Borough Council [2011] EWCA Civ 1694; 21 December 2011
Online Published Date:  29 March 2012

Beneficiary executing will in own favour

Barrett v Bem and Ors [2012] EWCA Civ 52; 21 March 2012
Online Published Date:  29 March 2012

Abduction

Re S (a Child) [2011] EWCA Civ 1385; 2 December 2011; [2012] UKSC 10; 14 March 2012
Online Published Date:  29 March 2012

Ex turpi causa

Delaney v Pickett and Anor [2011] EWCA Civ 1532; 21 December 2011
Online Published Date:  29 March 2012

Contributory negligence

Smith v Chief Constable of Nottinghamshire Police [2012] EWCA Civ 161; 23 February 2012
Online Published Date:  29 March 2012

Duty of Care

Fernquest v Swansea City and Council [2011] EWCA Civ 1712; 2 December 2011
Online Published Date:  29 March 2012

LeO advice on customer care

A report published by the Legal Ombudsman states that up to a quarter of its 90,000 annual complaints relate to costs, where a client has felt overcharged, confused or been surprised at the charges presented by their lawyer. He urged firms and..
Online Published Date:  29 March 2012

Consent order not a contract

Adobe Systems Incorporated v Netcom Online.co.uk Ltd and Anor [2012] EWHC 446 (Ch); 2 March 2012
Online Published Date:  29 March 2012

Income payments order Chancery

Official Receiver v Negus [2012] All ER (D) 124 (Jan); 16 December 2011
Online Published Date:  29 March 2012

Facebook

The High Court has granted permission to serve a court notice over Facebook. Mr Justice Teare said the account of Fabio De Biase, who is being taken to court by his former employer, was still active and could correctly be identified as relating to..
Online Published Date:  29 March 2012

Clinical negligence

Mugweni v NHS London [2011] EWHC 334 (QB); 23 February 2011; [2012] EWCA Civ 20; 26 January 2012
Online Published Date:  29 March 2012

Mediation

At a conference of the Royal Institution of Chartered Surveyors, Lord Justice Jackson called for a ‘serious campaign’ to teach lawyers and judges the benefits of mediation to settle disputes. He said that he is still a keen advocate of..
Online Published Date:  29 March 2012

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