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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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Failure to Bring Contribution Proceedings
Sweetman v Shepherd and others (CA LSG 6 April)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
The Solicitors (Compensation for Inadequate Professional Services) Order 2000
..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Partnership Not Liable for Court Assault
Flynn v Robin Thompson & Partners (a Firm) and another (CA TLR 14 March)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Service of Claim Form Out of Time
Smith v Probyn and another (QBD LSG 23 March)
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Enhanced Interest
All-in-one Design and Build Ltd v Motcomb Estates Ltd and another (QBD TLR 4 April)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Consent Directions Overridden
In Re Debtors (No 13-Misc-2000 and No 14-Misc-2000) (Ch D TLR 10 April)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Death of Assured Tenant
Shepping and another v Osaka (CA TLR 23 March)
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Unfair Credit Condition
Director General of Fair Trading v First National Bank plc (CA TLR 14 March)
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Statutory Demand Statute Barred
In Re a Debtor (No 647-SD-1999) (Ch D TLR 10 April)
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Agreed Threshold Criteria
Re M (Threshold Criteria: Parental Concession) (CA [1999] 2 FLR 728)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
No Contact Where Child Upset by Mother’s Distress
Re K (Contact: Mother’s Anxiety) (FD [1999] 2 FLR 703)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Extending Periodical Payments
Jones v Jones (CA TLR 11 April)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Children v Chargee
Mortgage Corporation v Shaire and others (Ch D TLR 21 March)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Which Local Authority Has Care Order Responsibility?
Plymouth City Council v C and another (CA TLR 21 March)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Council’s Duty to Foster Carers
W v Essex County Council (H of L TLR 17 March)
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01 May 2000
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Volume 19 No. 5 - 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)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Financial Detriment Not Essential
Gillett v Holt and another (CA LSG 23 March)
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Truthful Reference was Unfair Dismissal
TSB Bank Plc v Harris (2000) IRLR 157
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Negative Declaratory Relief
Messier-Dowty Ltd and another v Sabena Sa and others (CA TLR 14 March)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Credit Hire Agreement
Zoan v Rouamba (CA TLR 7 March)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Effect of High Foreign Tax on Damages
Van Oudenhoven v Griffin Inns Ltd (CA TLR 10 April)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Varying the Guideline Discount Rate
Warren v Northern General Hospital Trust (CA TLR 10 April)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Impecuniosity Not a Bar to Damages
Alcoa Minerals of Jamaica Inc v Broderick (PC TLR 22 March)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
No Negligence – and No Latin
Fryer v Pearson and another (CA TLR 4 April)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Legal Services Commission Sls
The Legal Services Commission (Disclosure of Information) Regulations 2000
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Costs of Claim and Counterclaim
Universal Cycles plc v Grangebriar Ltd (CA Lawtel 8 February)
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Costs of Interim Hearing
Richardson v Desquenne Et Giral UK Ltd (CA CLW 10 March)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Awards Against Non-parties
Cormack v Washbourne (CA TLR 30 March)
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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)..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Single Criterion for Security
Leyvand v Barasch and others (Ch D TLR 23 March)
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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)
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Raising a New Point
DnB Mortgages Ltd v Bullock & Lees (a Firm) (CA TLR 24 March)
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000
Priority for Unpaid Crew
The Ruta (QBD Admlty Ct TLR 21 March)
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 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..
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01 May 2000
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Volume 19 No. 5 - 01 May 2000