i-law.com - Newsletter (Litigation Letter)

Recent Court of Appeal judgments have underlined the impact of White v White [2001] 1 AC 596 (HL) upon a surviving spouse claim under the Inheritance (Provision for Family and Dependants) Act 1975. In an article in the Family Law Journal for..

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Failure to disclose evidence in care proceedings

In re L (children) [2006] All ER (D) 121 (Aug)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Legal costs allowance

Currey v Currey CA TLR 3 November

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

No bias against fathers

In re B; In re O [2006] EWCA Civ 1199; NLJ 20 October

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Heterosexual cohabitee rights

Where one of a cohabiting heterosexual couple can show that they had suffered major financial disadvantage from the relationship or that their partner had gained a significant financial advantage, the Government intends to give them rights similar..

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Notice of adoption hearing

In re F (minors) (adoption: natural parents) CA TLR 10 November

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Clandestine recordings

Chairman and Governors of Amwell View School v Dogherty UK EAT/0243/06/DA; NLJ 10 November

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Discipline of expert witness

Meadow v General Medical Council CA TLR 31 October

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Motive for dismissal

Aslef v Brady [2006] IRLR 576; EAT SJ 27 Oct

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Duty to redeploy

Difolco v NTL Group Ltd CA SJ 27 October

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Insurance liability exclusion

KR and others v Royal & Sun Alliance plc CA TLR 8 November

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Negligent medical advice

West Bromwich Albion Football Club Ltd v Medhat EL-Safty [2006] All ER (D) 123 (Oct); NLJ 27 October

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Counsel’s unavailability

Bracknell Forest Borough Council v N and others CA TLR 6 November

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Enforcing interim costs orders

Days Healthcare UK Ltd v Pihsiang Machinery Manufacturing Co Ltd and another [2006] EWHC 1444 (QB)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Security and ATE

Al-Koronky and another v Time-Life Entertainment Group Ltd and another [2006] EWCA Civ 1123

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Company schemes of arrangement

In the matter of Peninsular & Oriental Steam Navigation Code [2006] ChD 6 October

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

‘Drop hands’ offer

Fulham Leisure Holdings Ltd v Nicholson Graham & Jones [2006] EWHC 2428 (Ch)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Partial success

Alan Williams Entertainment Ltd v Hurd CA (Civ) SJ 10 November

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Security against company

Automotive Latch Systems Ltd v Honeywell International Inc [2006] EWHC 2340 (QB)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Dismissal by consent

Fox Gregory Ltd v Hamptons Group Ltd and another CA SJ 13 October

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Part 36 consultation

In its response to the DCA consultation paper on CPR Part 36 offers to settle and payments into court, the London Solicitors Litigation Association (LSLA) observed that it seemed perverse for the rules to be changed so that, in terms, those who can..

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Indemnity costs

Zissis v Lukomski [2006] EWCA Civ 341

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Agreeing extension of time

Thomas v Home Office [2006] All ER (D) 243 (Oct)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Permission to appeal

CGU International Insurance plc and others v AstraZeneca Insurance Co Ltd CA TLR 3 November

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Transaction set-off

Econet Satellite Services Ltd v Vee Networks Ltd [2006] 2 Lloyd’s Rep 423 (QBD (Comm))

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Partnerships – CPR amendments

The 42nd update of the Civil Procedure Rules which came into force on 2 October included amendments to the procedures to be followed when claims are brought by or against a partnership (new CPR rule 7.2A) which are incorporated in the Practice..

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 10 - 01 December 2006

Pre-action admission

Walley v Stoke-on-Trent City Council CA TLR 25 August

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Abroad

Habib Bank Ltd v Central Bank of Sudan QBD TLR 11 September

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Duress

Halpern and another v Halpern and others [2006] 3 All ER 1139 (QBD) (Comm Ct)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Admission of debt

Bradford & Bingley plc v Rashid [2006] All ER (D) 145 (Jul); TLR 14 July

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Anti-social behaviour

Knowsley Housing Trust v McMullen (Anita) [2006] EWCA Civ 539

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Conflict of law

Trafigura Beheer BV v Kookmin Bank Co [2006] EWHC 1921 (Comm)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

High Court or Trade Marks Registry?

Jules Rimet Cup Ltd v Football Association Ltd [2006] ChD 11 August

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Same-sex marriage

Wilkinson v Kitzinger and another (same-sex marriage) FD LSG 17 May; TLR 21 August

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Conduct relevant to tenancy transfer

Lake v Lake CA TLR 16 August

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Section 91(14) orders

In re S; In re E (permission to seek relief) CA TLR 13 September

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Big money

Charman v Charman [2006] EWHC 1879 (Fam)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Pensions in payment

Martin-Dye (Philip) v Martin-Dye (Heather Lynn) [2006] EWCA Civ 681; NLJ 21 July

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Child abduction

In re Clark (a child) [2006] CA 28 June

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Provision of transcripts

In re B (a child) [2006] CA (Civ Div) 14 June

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Freedom of publication

Clayton v Clayton [2006] EWCA Civ 878; NLJ 28 July

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Lesbian parents

In re G (children) (residence: same-sex partner) HL TLR 27 July

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Forced or arranged marriage?

NS v MI [2006] EWHC 1646 (Fam); NLJ 15 September

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Expert’s conflict of interest

Toth v Jarman CA TLR 17 August

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Evidential vacuum

Coles v Barracks CA TLR 7 August

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Vicarious liability for harassment

Majrowski v Guy’s and St Thomas’s NHS Trust HL TLR 13 July

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Sickness is not disability

Chacon Navas v Eurest Colectividades SA ECJ TLR 9 August

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

English or Australian?

Harding v Wealands [2006] UKHL 32; TLR 6 July

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Periodical payments

Flora v Wakom (Heathrow) Ltd [2006] All ER (D) 426 (Jul) (QBD); NLJ 11 August 1289

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Loss of earnings

Ronan v Sainsburys Supermarkets Ltd [2006] All ER (D) 80 (Jul) (QBD)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Self-defence

Ashley and another v Chief Constable of Sussex CA LSG 17 August; TLR 30 August

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Causa sine qua non

Wiseman v Virgin Atlantic Airways Ltd [2006] EWHC 1566 (QB)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Individual claim in group litigation

Owen v Ministry of Defence [2006] EWHC 990 (QB)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Bullock or Sanderson?

Moon v Garrett and others [2006] EWCA Civ 1121

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Against funded party

Hatton v Hopkins and another [2005] ChD 20 October

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Against non-party (4)

Total Spares & Supplies Ltd v Antares SRL [2006] EWHC 1537 (Ch)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Against non-party (3)

Suisse Security Bank & Trust Ltd v Francis [2006] UKPC 41 BC (Bah)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Against non-party (2)

Petromec Inc v Petroleo Brasileiro SA Petrobras CA SJ 28 July

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Against non-party (1)

Vaughan v (1) Jones (2) Fowler [2006] EWHC 2123 (Ch)

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Stepped ATE premium

Rogers v Merthyr Tydfil County Borough Council [2006] EWCA Civ 1134

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Litigation services

Gaynor v Central West London Buses Ltd [2006] EWCA Civ 1120

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Small claims appeals

With effect from 6 October, the Civil Procedure (Amendment) Rules 2006 (above) extend the restriction on costs in small claims to appeals, for the reason that parties may be deterred from using the small claims procedure if they are at risk of..

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Amendments

With effect from 6 October the Civil Procedure (Amendment) Rules 2006 (SI 2006 No 1689) (L 6) introduce the following reforms: New rules 5.4B, 5.4C and 5.4D, to follow rule 5.4A. Rule 5.4B deals with the supply of documents to parties and rule..

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006

Garrett v Halton Borough Council; Myatt and others v National Coal Board [2006] EWCA Civ 1017; TLR 25 July

The Court of Appeal gave what it described as ‘guidance’ on CFAs concerning a solicitor’s duty to consider existing litigation expenses insurance under CFA regulation 4(2)(c) and to disclose any interest in any insurance policy he..

Online Published Date: 01 December 2006

Appeared in issue: Volume 25 No. 8 - 01 December 2006