i-law

Litigation Letter

Disproportionate

Lambeth LBC v Onayomake CA TLR 2 November
Online Published Date:  01 December 2007

Who are members of a statutory tenant’s family?

Wandsworth LBC v Randall CA The Telegraph 7 November
Online Published Date:  01 December 2007

Product liability

O’Byrne v Aventis Pasteur SA [2007] All ER (D) 114 (Oct); NLJ 19 October; LSD 25 October
Online Published Date:  01 December 2007

Anti-suit injunction

General Motors Corporation v Royal & Sun Alliance Insurance Plc and another [2007] EWHC 2206 (Comm) 2 October 2007; LSG 18 October
Online Published Date:  01 December 2007

Enforcement proceedings on defendant outside jurisdiction

Demirel v Tasarruf Mevduati Sigorta Fonu [2007] EWCA Civ 799 (July); [2007] 2 Lloyd’s Law Rep 440 (November)
Online Published Date:  01 December 2007

Alteration

Seventh Earl of Malmesbury and others v Strutt and Pocker [2007] All ER (D) 103 (Oct)
Online Published Date:  01 December 2007

Shared residence

Holmes-Moorhouse v Richmond-upon-Thames LBC [2007] EWCA Civ 970 10 October
Online Published Date:  01 December 2007

Seeking reasons

In re A (a child) (duty to seek reasons) CA TLR 16 October
Online Published Date:  01 December 2007

Adoption – change of circumstances

Warwickshire County Council (appellant) v M (respondent) & (1) M (2) L (by their children’s guardian) (intervenors) [2007] EWCA Civ 1084 1 November
Online Published Date:  01 December 2007

Principle of equality

Vaughan v Vaughan [2007] EWCA Civ 1085; SJ 9 November
Online Published Date:  01 December 2007

Child application in procedural limbo

In re A; HA v MB (Brussels II revised; art 11(7) application) FD TLR 2 November
Online Published Date:  01 December 2007

Copies of authorities

Sage (UK) Ltd v Bacco EAT TLR 11 October
Online Published Date:  01 December 2007

Agency workers

Kalwak and others v Consistent Group Ltd and another [2007] All ER (D) 319 (May)
Online Published Date:  01 December 2007

Disability discrimination

Scottish & Southern Energy plc v I MacKay (2007) EAT 30 August
Online Published Date:  01 December 2007

£4.5m claim fails

Bloxham v Freshfields Bruckhaus Deringer (Central London Employment Tribunal) 9 October
Online Published Date:  01 December 2007

TUPE does not confer additional rights

Jackson v Computershare Investor Services Plc [2007] EWCA Civ 1065; SJ 9 November
Online Published Date:  01 December 2007

Author’s qualified privilege

Michael Charman v Orion Publishing Group Ltd and others CA LSG 25 October
Online Published Date:  01 December 2007

Holiday accident

Evans v Kosmar Villa Holidays Plc [2007] EWCA Civ 1003; SJ 2 November
Online Published Date:  01 December 2007

Settlement before death deprives dependents

Thompson v Arnold [2007] All ER (D) 38 (Aug)
Online Published Date:  01 December 2007

Pleural plaques

Rothwell v Chemical & Insulating Co Ltd and another and associated actions HL TLR 24 October
Online Published Date:  01 December 2007

Chain of causation

Geoffrey Funnell and another v Adams and Remer (a partnership) [2007] EWHC 2166; SJ 5 October
Online Published Date:  01 December 2007

BTE ignorance

Research for the Ministry of Justice has disclosed a public lack of awareness of before-the-event legal expenses insurance revealing that less than one in four people have heard of either before-the-event (BTE) or after-the-event (ATE) legal..
Online Published Date:  01 December 2007

Investors in litigation

The following is an extract from Cook on Costs 2008 to be published shortly by Butterworths Lexis Nexis. Following a Civil Justice Council recommendation that consideration be given to the use of third party funding of litigation and a decision of..
Online Published Date:  01 December 2007

Protective costs order

R (A and others) (Disputed Children) v Secretary of State for the Home Department [2007] EWHC 2494 (Admin)
Online Published Date:  01 December 2007

Effect of wasted costs order

R (on the application of Hide and others) v Staffordshire County Council [2007] EWHC 2441 (Admin); All ER (D) 402 (Oct); NLJ 2 November
Online Published Date:  01 December 2007

Privilege on detailed assessments

In an article on costs privilege in the New Law Journal of 21 September and reproduced in the ALCD Journal for November, the costs team at Kings Chambers considered how privileged material is dealt with during detailed assessments. The article..
Online Published Date:  01 December 2007

MIB arbitration

Writing in the APIL PI Focus Issue Five, Andrew Campbell of Withy King drew attention to a decision handed down on 25 June. The claim of a victim of a hit-and-run accident was not accepted by the MIB or by the arbitrator on a subsequent oral..
Online Published Date:  01 December 2007

Who was the winner?

Cantor Gaming Ltd v Gameaccount Global Ltd [2007] EWHC 1914 ChD 25 September
Online Published Date:  01 December 2007

‘The cab-rank rule’

An informal vote following a seminar debate at the Bar Council annual conference resulted in an overwhelming majority to retain the cab-rank rule, which prevents barristers cherry-picking cases by forcing them to accept the next one in line –..
Online Published Date:  01 December 2007

Counsel missing a point

Bandwidth Shipping Corporation v Intaari CA TLR 31 October
Online Published Date:  01 December 2007

Arbitration agreement stands alone

Fiona Trust & Holding Corporation and others v Privalov and others HL TLR 25 October
Online Published Date:  01 December 2007

Ancillary relief agreement binding without court order

Soulsbury v Soulsbury [2007] EWCA Civ 969; CA TLR 14 November
Online Published Date:  01 December 2007

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