- Home/Publications/Litigation Letter
Summary judgment
North East Lincolnshire BC v Millenium Park (Grimsby) Ltd (CA TLR 31 October)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Dispensation
Wilkey and another v British Broadcasting Corporation and another (CA TLR 8 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Stamp duty
As from the end of this year, the standard form of Notice of Issue for a possession claim will contain, under the heading ‘Evidence’ words to the following effect: ‘Some tenancy agreements attract the payment of stamp duty. If the..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Time limits
The Government has accepted the Law Commission’s recommendation in its report, Limitation of Actions, for a primary limitation period of three years running from the date the claimant knew, or ought to have known, the facts giving rise to the..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Home is where the bed is
Sumeghovo v McMahon (CA TLR 6 October)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
More women judges
The Lord Chancellor’s fourth Judicial Appointments Annual Report shows that in the period 1 April 2001 to 31 March 2002, the appointment of women rose from 28.4% in the previous year to 34.4% in 2001/2002, and that 23.5% of the women who..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Judicial and silk appointments
The first report of the Commissioner for Judicial Appointments published on 7 October, found that the system remains opaque, is poorly understood, unduly slow and lacks a proper audit trail, which means that equal treatment of candidates cannot be..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
No bias where advocate part-time judge
Lawal v Northern Spirit Ltd (CA TLR 7 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Additional grounds
Regina (Opoku) v Principal and Governors of Southwark College (QBD TLR 7 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Email listing
..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Going up!
The statistics for company winding up, and creditors’ and debtors’ bankruptcy petitions during the third quarter of 2002 continued the upward trend. There were 3,084 company winding up petitions showing an incredible increase of 45% on..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Adjournment fees
The civil courts have been reminded that they should charge a fee on applications to adjourn generally with permission to restore. If the application is by consent, the fee is £25 under Fee 2.5 of the County Court Fees Order 2002; if the..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
No remedy for sexually abused children
DP and JC v UK (Application No 38719/97) ECtHR TLR 23 October
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Violence is social workers’ professional hazard
In re W (children) (Care proceedings: witness anonymity) (CA TLR 1 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Specific issue order was unprincipled
In re P (a child) (Parent dispute: judicial determination) (CA TLR 5 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
PAS or not PAS?
In an article entitled Parental Alienation Syndrome: the Debate, in the New Law Journal of 8 November, District Judge John Mitchell asked what is PAS and does it add anything to the court’s approach in contact disputes? PAS was first defined..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Contact orders – more harm than good?
Research commissioned by the Joseph Rowntree Foundation, reported in the New Law Journal of 1 November, indicates that applications to the court for contact orders ‘appear to exacerbate rather than resolve parental disputes’. A study of..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Allocation to judiciary
The Family Proceedings (Allocation to Judiciary) (Amendment) Directions 2002 came into force on 30 August. They made the following changes:
In future, the president of the Family Division will approve the various types of judge to whom family..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Permission to appeal
In re T (a child) (Contact: permission to appeal) (CA TLR 30 October)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Antisocial behaviour
Clingham v Kensington and Chelsea LBC (H of L TLR 21 October)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Costs threat inappropriate
Gee v Shell (UK) Ltd (CA TLR 4 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Summary judgment
Spencer v Sillitoe (CA SJ 1 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Jury verdict not perverse
Grobbelaar v News Group Newspapers Ltd and another (H of L TLR 25 October)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Causation crucial
Gregg v Scott (CA TLR 4 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Refusal of medical treatment
Geest plc v Lansiquot (PC TLR 16 October)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Limit to valuer’s duty of care
George & others v Countrywide Surveyors (Liverpool Technology and Construction Court 18 October 2002, unreported)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Misfeasance in public office
Akenzua and another v Secretary of State for the Home Department and another (CA TLR 30 October)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Structured settlements working party report
The report, Structured Settlements: Report of the Master of the Rolls Working Party, makes a number of recommendations including:
A call for a change in the current practice of awarding one lump sum where structuring damages may be more..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Too user friendly?
Although court officers are always encouraged to be as helpful as possible to litigants in person they have been warned not to give legal advice, or to advise on procedures that are outside their normal jurisdiction. The distinction between legal..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
‘Costs’ means all costs
Regina (Chorion plc) v Westminster City Council (CA TLR 21 October)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
No indemnity costs under Part 36
Dyson Appliances Ltd v Hoover Ltd (No 3) (Ch D TLR 6 October)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Lands tribunal
Purfleet Farms Ltd v Secretary of State for Transport, Local Government and the Regions (CA TLR 7 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Misconduct outside the proceedings
Hall v Rover Financial Services (GB) Ltd (CA TLR 8 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Indemnity costs and public funding
Brawley v Marczynski and another ([2002] All ER(D) 288 (Oct) TLR 7 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Costs
The Civil Justice Council’s predictable costs working party, representing all sides of the costs industry, is nudging its way towards proposing fixed, or predictable, costs for cases which settle without proceedings being issued. It appears..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Detail in solicitor’s bill
Ralph Hume Garry v Gwillim CA TLR 4 November
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
CFA drama unfolds
‘Recoverability is the problem’
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Newspaper entitled to undeceive the public
Campbell v Mirror Group Newspapers plc (CA TLR 16 October)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
Penal notice
Anglo-Eastern Trust Ltd and another v Kermanshahchi (Ch D TLR 8 November)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
When brought?
Van Aken v Camden LBC (CA LSG 31 October p38)
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002
The Civil Procedure (Amendment) Rules 2002 (SI 2002 No 2058)
The rules introduce several new Parts to the Civil Procedure Rules with additions and amendments to a number of existing Parts, all with effect from 2 December.
Listing Questionnaire (Form N170)
This has been revised and renamed the..
Online Published Date:
01 December 2002
Appeared in issue:
Volume 21 No. 10 - 01 December 2002