i-law.com - Newsletter (Litigation Letter)

The statistics for civil litigation in the High Court for the year 2000 were as follows: Chancery Division The total number of proceedings started remain steady at 37,333. 1,120 cases set down for trial in London were disposed of, a rise of just..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Pre-action protocol

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Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Enforcement

The Government has published its Green Paper Towards Effective Enforcement aimed at improving the enforcement of decisions taken in court, including both civil and criminal judgments. It proposes consolidating bailiff law and sets out possible new..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Interest after judgment

Director General of Fair Trading v First National Bank Plc (H of L TLR 1 November)

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Law of confidentiality

A v B Plc and another (QBD TLR 2 November)

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Disclosure of confidential information

Nayler v Beard (CA [2001] EWCA Civ 1201)

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Wrongful committal

Couzens v Couzens (CA [2001] EWCA Civ 992)

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Attaching condition to residence order

In Re H (Children: Residence Order: Relocation) (CA TLR 29 August)

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Children’s guardian survives supervision order

In Re MH (Child) (Care Proceedings: Children’s Guardian) and another case (FD TLR 15 November)

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

The partnership register

On 5 September the first couple signed the new Greater London Authority Partnership Register which is intended as a public statement of a couple’s commitment to one another. It is open to both hetrosexual and homosexual couples. One partner..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Expert code of guidance

The draft Code of Guidance on expert evidence in the light of the CPR published three years ago has now been reviewed in the light of representations made by the Expert Witness Institute and a rival code produced by the Academy of Experts. The..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

The use of doctors

According to The Lawyer, the Law Society is about to ‘clamp down on the whimsical use of doctors’ by publishing joint guidelines with the Association of British Insurers and the British Medical Association defining the circumstances in..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Experts’ meeting does not contravene article 6

Hubbard and others v Lambeth Southward and Lewisham Health Authority and others (CA TLR 8 October)

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

BTE Guidance

The Law Society was disappointed that in Sarwar v Alam (20/LL p100) the Court of Appeal did not accept the Society’s contention that there is a strong public interest in maintaining the client s freedom of choice, which should prevail over..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Benchmarks – the final proposals

The procedures We summarised the conclusions of the Senior Costs Judge in his draft report on benchmark costs at 20/LL p38. His final report is now with the Master of the Rolls. The procedures for which benchmark figures are proposed are appended..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

ATE and the Consumer Credit Act

According to Litigation Funding for October, in the case of Tilby v Perfect Pizza it is being contended that because ATE insurance premiums are paid at the end of a transaction, the retainer is covered by the Consumer Credit Act 1974 and therefore,..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Community Legal Service Funding

In R v The Legal Services Commission and the Lord Chancellor ex parte Jarrett the court, while acknowledging the general compatibility with the European Convention on Human Rights of the public funding regime introduced by the Access to Justice Act..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Pre-action protocol

The Lord Chancellor’s Department has issued a consultation paper and a draft General Pre-action Protocol applying to dispute resolution situations not appropriately covered by the five existing protocols. The consultation paper is available..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Not following an earlier decision Term of lease displaces presumption

Starmark Enterprises Ltd v CPL Enterprises Ltd (CA TLR 2 October)

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Disallowances for over 60s

The amounts of disposable income and capital to be disregarded in respect of men and women over 60 have been substantially increased with the result that the amount of capital to be disregarded now ranges from £10,000 to £100,000 compared..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001

Five million extra qualify for civil public funding

New CLS eligibility limits The Community Legal Service (Financial) (Amendment No 3) Regulations 2001, which came into force on 3 December, implement the new eligibility limits and means tests announced by the Lord Chancellor in the summer, which..

Online Published Date: 01 December 2001

Appeared in issue: Volume 20 No. 10 - 01 December 2001