i-law

Litigation Letter

Advice must be open

Watson v General Medical Council QBD TLR 7 October
Online Published Date:  01 December 2005

Small claims

The European Ministers of Justice have agreed a small claims procedure to operate in all 25 Member States applying to civil matters involving faulty goods and services, personal injury claims, damage to property and debts. There is as yet no..
Online Published Date:  01 December 2005

Declaration of invalidity under CPR

Lever Fabergé Ltd v Colgate-Palmolive Ltd ChD TLR 11 November
Online Published Date:  01 December 2005

EU defendants

Masri v Consolidated Contractors International (UK) Ltd and others CA TLR 27 October
Online Published Date:  01 December 2005

Effect of supplementary judgment

Roche v Chief Constable of Greater Manchester Police QBD TLR 10 November
Online Published Date:  01 December 2005

Lack of reasons

Baird v Thurrock Borough Council CA TLR 15 November
Online Published Date:  01 December 2005

Avoiding administration

In re GHE Realisations Ltd (in administration) ChD TLR 11 November
Online Published Date:  01 December 2005

Production of documents

Green v BDO Stoy Hayward LLP ChD TLR 8 November
Online Published Date:  01 December 2005

Breach by unnamed person

South Cambridge District Council v Gammell; Bromley London Borough Council v Maughan CA TLR 3 November
Online Published Date:  01 December 2005

Thumbs down for CJC

Commenting on the Civil Justice Council’s report, Improved Access to Justice – Funding Options and Proportionate Cost, Richard Langton, vice-president of the Association of Personal Injury Lawyers (APIL) said that the report has a..
Online Published Date:  01 December 2005

Charge-out rates

The Association of Law Costs Draftsmen’s Journal for November summarised the Legal 500 survey of solicitors’ hourly charging rates compiled in conjunction with Jim Diamond. The average rate for newly qualified solicitors was between..
Online Published Date:  01 December 2005

Contact with child in care

In re S (a child) (care proceedings: contact) FD TLR 22 September
Online Published Date:  01 December 2005

Removing child

Langley and others v Liverpool City Council and another CA TLR 19 October
Online Published Date:  01 December 2005

Second expert

W and another v Oldham Metropolitan Borough Council and another CA TLR 7 November
Online Published Date:  01 December 2005

CAFCASS – another new dawn?

Anthony Douglas, chief executive of CAFCASS, has launched a consultation paper, Every Day Matters, for rejuvenating the way in which agencies work in the family justice system and emphasising the need for change to benefit children involved in..
Online Published Date:  01 December 2005

Special contribution

Sorrell v Sorrell FD LSG 10 November
Online Published Date:  01 December 2005

Balancing emotional risk

In re M (children) (care order: removal) CA TLR 11 November
Online Published Date:  01 December 2005

Preparation of witnesses

The professional standards committee of the Bar Council has published guidelines to clarify how much pre-trial preparation of witnesses is permissible. While rehearsing or coaching witnesses is not permissible, the legitimate preparation of..
Online Published Date:  01 December 2005

No duty to sue EU

Staat der Nederlanden v Ten Kate Holding Musselkanaal BV ECJ TLR 8 November
Online Published Date:  01 December 2005

Service on solicitors

Shah v Haden Building Management Ltd EAT TLR 2 November
Online Published Date:  01 December 2005

Manager jointly liable with employer

Miles v Gilbank EAT TLR 16 November
Online Published Date:  01 December 2005

NHS compensation scheme

Under the NHS Redress Bill 2005 a redress scheme will be introduced in 2007/08 to cover compensation claims of up to £20,000. The intention is to avoid patients having to go to court to get compensation because of errors by NHS staff. Staff..
Online Published Date:  01 December 2005

Capping defamation costs

Henry v BBC [2005] EWHC 2503 (QB)
Online Published Date:  01 December 2005

Exceeding the estimate

On 13 September the Costs Practice Direction was amended by the addition of a new paragraph 6.5A: ‘(1) if there is a difference of 20% or more between the base costs claimed by a receiving party on detailed assessment and the costs shown in..
Online Published Date:  01 December 2005

Protective costs on appeal

R (Goodson) v (1) Coroner for Bedfordshire and Luton (2) Luton and Dunstable Hospital NHS Trust CA TLR 1 November
Online Published Date:  01 December 2005

Premature proceedings

Reid v The Capita Group plc ChD LTL 17 October
Online Published Date:  01 December 2005

Order against unnamed members

Huntingdon Life Sciences Group plc and others v (1) Stop Huntingdon Animal Cruelty (2) London Animal Action QBD TLR 2 November
Online Published Date:  01 December 2005

Failure to give estimate

Garbutt and another v Edwards and another [2005] EWCA Civ 1206
Online Published Date:  01 December 2005

Defendant entitled to refuse ADR

Daniels v Commissioner of Police of the Metropolis CA TLR 28 October
Online Published Date:  01 December 2005

Recovery of litigation costs of professionals

Sisu Capital Fund Ltd and others v Tucker and others ChD TLR 4 November
Online Published Date:  01 December 2005

Judicial ingenuity

Farley v (1) Child Support Agency (2) Secretary of State for Work and Pensions CA LSG 20 October
Online Published Date:  01 December 2005

Compensation Bill

The Compensation Bill was introduced in the House of Lords on 2 November. Negligence Part 1 of the Bill contains a provision relating to the law on negligence. Under the current common law, for a negligence claim to succeed there must be a duty of..
Online Published Date:  01 December 2005

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