i-law

Litigation Letter

The Access to Justice Act 1999 (Commencement No 3, Transitional Provisions and Savings) Order 2000

This Order brought the following provisions of the Access to justice Act 1999 into force on 1 April: ss1 to 11 (Legal Services Commission and Community Legal Service), 19 (services relating to foreign law), 20 (disclosure of information), 21..
Online Published Date:  01 May 2000

Failure to Bring Contribution Proceedings

Sweetman v Shepherd and others (CA LSG 6 April)
Online Published Date:  01 May 2000

Partnership Not Liable for Court Assault

Flynn v Robin Thompson & Partners (a Firm) and another (CA TLR 14 March)
Online Published Date:  01 May 2000

Service of Claim Form Out of Time

Smith v Probyn and another (QBD LSG 23 March)
Online Published Date:  01 May 2000

Crown Office List Blitz Practice Direction

The Lord Chief Justice said: 1 In preparation for the full implementation of the Human Rights Act 1998 the number of courts sitting in the Crown Office List from May to the end of July was to be substantially increased. The success of that..
Online Published Date:  01 May 2000

Enhanced Interest

All-in-one Design and Build Ltd v Motcomb Estates Ltd and another (QBD TLR 4 April)
Online Published Date:  01 May 2000

Consent Directions Overridden

In Re Debtors (No 13-Misc-2000 and No 14-Misc-2000) (Ch D TLR 10 April)
Online Published Date:  01 May 2000

Death of Assured Tenant

Shepping and another v Osaka (CA TLR 23 March)
Online Published Date:  01 May 2000

JUDICIARY

The Lord Chancellor has abolished the office of assistant recorder with the result that all serving assistant recorders have been appointed recorders. New conditions of service for part-timed judicial office holders provide that appointments will..
Online Published Date:  01 May 2000

Unfair Credit Condition

Director General of Fair Trading v First National Bank plc (CA TLR 14 March)
Online Published Date:  01 May 2000

Insolvency Services Account

From 31 March payments into the Insolvency Services Account are to be sent direct to the Bank of England, Threadneedle Street, London EC2R 8AH by cheque drawn in favour of the ‘Insolvency Services Account’ and crossed ‘A/C Payee..
Online Published Date:  01 May 2000

Statutory Demand Statute Barred

In Re a Debtor (No 647-SD-1999) (Ch D TLR 10 April)
Online Published Date:  01 May 2000

Exemption and Remission

Application may be made retrospectively for exemption and remission of fees under all the fees orders save that in cases of financial hardship in probate the application can be for (discretionary) remission only. Where, not later than six months..
Online Published Date:  01 May 2000

Reduction

One fee went down. The court’s charge for photocopies was reduced from £1.00 for the first page and 25p for subsequent pages to 20p for subsequent pages. Still high enough to achieve its object of deterring litigants from using the court..
Online Published Date:  01 May 2000

County Courts – the Allocation Fee

The £80 allocation fee, usually payable by the claimant after the filing of a defence when the claimant files an allocation questionnaire, will cease to apply to claims for money only, provided that the claim does not exceed £1,000. This..
Online Published Date:  01 May 2000

Fees payable on issue of proceedings

The fees payable on commencement of proceedings in county courts, the Claim Production Centre and the Supreme Court are shown in the tables below. Claim size £ County Court fee now County Court fee … from 25 April 2000 CPC fee..
Online Published Date:  01 May 2000

Legal Aid

Sections 1 to 11 of the Access to justice Act 1999 came into force on 1 April 2000. This means that from 1 April people who are financially assisted will get their assistance from the Legal Services Commission instead of receiving legal aid..
Online Published Date:  01 May 2000

Changes to Civil Court Fees

The main change is an increase in issuing fees, the fees for higher value claims being increased proportionally higher than low value claims. Some changes took effect from 1 April, some from 25 April, and some from 2 May. Changes effective from 1..
Online Published Date:  01 May 2000

Court Bundles – President’s Direction

The Principal Registry of the Family Division 1. The following practice applies to all hearings in family proceedings in the High Court, to all hearings of family proceedings in the Royal Courts of Justice and to hearings with a time estimate of..
Online Published Date:  01 May 2000

Agreed Threshold Criteria

Re M (Threshold Criteria: Parental Concession) (CA [1999] 2 FLR 728)
Online Published Date:  01 May 2000

No Contact Where Child Upset by Mother’s Distress

Re K (Contact: Mother’s Anxiety) (FD [1999] 2 FLR 703)
Online Published Date:  01 May 2000

Extending Periodical Payments

Jones v Jones (CA TLR 11 April)
Online Published Date:  01 May 2000

Children v Chargee

Mortgage Corporation v Shaire and others (Ch D TLR 21 March)
Online Published Date:  01 May 2000

Which Local Authority Has Care Order Responsibility?

Plymouth City Council v C and another (CA TLR 21 March)
Online Published Date:  01 May 2000

Council’s Duty to Foster Carers

W v Essex County Council (H of L TLR 17 March)
Online Published Date:  01 May 2000

Care Order Where Perpetrator of Injury Unidentified

Lancashire County Council and another v B (a Child) (H of L TLR 17 March)
Online Published Date:  01 May 2000

Financial Detriment Not Essential

Gillett v Holt and another (CA LSG 23 March)
Online Published Date:  01 May 2000

The Employment Relations Act 1999 (Commencement No 5 and Transitional Provision) Order 2000

This Order brought into force on 24 April s16 of and Schedule 5 to the Employment Relations Act 1990. These provisions amend Part V of the Trade Union and Labour Relations (Consolidation) Act 1992, to provide that an employee is regarded as..
Online Published Date:  01 May 2000

Truthful Reference was Unfair Dismissal

TSB Bank Plc v Harris (2000) IRLR 157
Online Published Date:  01 May 2000

DIY ELECTRONIC RESEARCH

The Law Society Library is offering two courses on electronic research: Legal Research Using Electronic Sources and an Introductory Course To Internet Explorer. Each course consists of one hour tuition and one hour of research questions and is..
Online Published Date:  01 May 2000

Libel on the Internet

“If someone insulted you in a pub, would you sue the pub owner for housing the defamatory remark?” “The post office is not responsible for defamatory letters and telephone operators cannot be blamed for defamatory faxes. So why..
Online Published Date:  01 May 2000

Negative Declaratory Relief

Messier-Dowty Ltd and another v Sabena Sa and others (CA TLR 14 March)
Online Published Date:  01 May 2000

Credit Hire Agreement

Zoan v Rouamba (CA TLR 7 March)
Online Published Date:  01 May 2000

Effect of High Foreign Tax on Damages

Van Oudenhoven v Griffin Inns Ltd (CA TLR 10 April)
Online Published Date:  01 May 2000

Varying the Guideline Discount Rate

Warren v Northern General Hospital Trust (CA TLR 10 April)
Online Published Date:  01 May 2000

Impecuniosity Not a Bar to Damages

Alcoa Minerals of Jamaica Inc v Broderick (PC TLR 22 March)
Online Published Date:  01 May 2000

No Negligence – and No Latin

Fryer v Pearson and another (CA TLR 4 April)
Online Published Date:  01 May 2000

Legal Services Commission Sls

The Legal Services Commission (Disclosure of Information) Regulations 2000
Online Published Date:  01 May 2000

Costs of Claim and Counterclaim

Universal Cycles plc v Grangebriar Ltd (CA Lawtel 8 February)
Online Published Date:  01 May 2000

Costs Draftsmen’s Fees

At 19/LL p37 we referred to the guidance following the conference of designated civil judges that work done by costs draftsmen should be treated as category 3 work. Although this is acceptable for routine bills, it is only the equivalent of a..
Online Published Date:  01 May 2000

Costs of Interim Hearing

Richardson v Desquenne Et Giral UK Ltd (CA CLW 10 March)
Online Published Date:  01 May 2000

Awards Against Non-parties

Cormack v Washbourne (CA TLR 30 March)
Online Published Date:  01 May 2000

Payment by Credit Card

The Law Society has negotiated preferential terms with NatWest Streamline Merchant Services to enable solicitors to accept payment by credit card. The charges commence at 1.5% for Law Society Members, opposed to a normal start up charge of..
Online Published Date:  01 May 2000

Complying with Law Society Practice Rule 15

The need to provide clients with continuing costs information was illustrated in a complaint to the OSS reported in the Law Society Gazette of 6 April at page 52. The solicitors had properly and sensibly advised their client in writing that..
Online Published Date:  01 May 2000

‘Family Work is Second Best’

‘It’s official! Family Law is second class work for the less able. The Lord Chancellor has told the Law Society that he does not propose to increase remuneration rates for family work. He said: “The Law Society suggests that lower..
Online Published Date:  01 May 2000

Pay up!

The Law Society Gazette of 6 April contains some practical advice to solicitors for getting prompt payment of bills. They include: concentrate on the biggest debts first; find out exactly what information the client’s accounts department..
Online Published Date:  01 May 2000

Rates Increased

Remuneration rates for civil legal help (formerly legal advice and assistance) are to increase from 1 July for work in public law cases, actions against the police, immigration, mental health, community care and education from £48.25 to..
Online Published Date:  01 May 2000

Conditional Fee Agreements Regulations 2000

Came into force 1 April Section 58(1) of the Courts and Legal Services Act 1990 provides that a conditional fee agreement is not unenforceable if it satisfies certain conditions. These include conditions to be specified in regulations under s58(3)..
Online Published Date:  01 May 2000

The Conditional Fee Agreements Order 2000

Came into force 1 April. Under ss58 and 58A of the Courts and Legal Services Act 1990, all proceedings may be the subject of an enforceable fee agreement except specified family proceedings and criminal proceedings other than those under s82 of the..
Online Published Date:  01 May 2000

Single Criterion for Security

Leyvand v Barasch and others (Ch D TLR 23 March)
Online Published Date:  01 May 2000

Certificates for Counsel – Direction

The Civil Procedure Rules contain no requirement for a certificate for counsel to be obtained. PD 44.3 paragraph 2.6 provides that where there is to be a detailed assessment it is open to the court to express an opinion as to whether or not the..
Online Published Date:  01 May 2000

Appeal Against Stay. Reading Words into a Statute

Inco Europe Ltd and others v First Choice Distribution (a Firm) and others (H of L [2000] 2 All ER 109)
Online Published Date:  01 May 2000

Raising a New Point

DnB Mortgages Ltd v Bullock & Lees (a Firm) (CA TLR 24 March)
Online Published Date:  01 May 2000

Immunity from Suit

In Hall & Co v Simons [1999] 3 WLR 873 the Court of Appeal upheld the advocate’s immunity from suit for negligent conduct of cases in court, but only because it was bound by authority. The case went to the House of Lords with the blessing..
Online Published Date:  01 May 2000

Priority for Unpaid Crew

The Ruta (QBD Admlty Ct TLR 21 March)
Online Published Date:  01 May 2000

New Appeal Rules and Routes

The Civil Procedure (Amendment) Rules 2000 introduced a new CPR Part 52 relating to appeals at all levels with effect from 2 May. Permission to appeal is required from decisions of a judge in the county court or the High Court in all matters..
Online Published Date:  01 May 2000

Judicial Reshuffle

Lord Bingham has been appointed the senior Lord of Appeal in Ordinary in a move which is interpreted as the House of Lords in future having a role nearer to that of the United States Supreme Court from 6 June. Lord Woolf replaces Lord Bingham as..
Online Published Date:  01 May 2000

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