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Why the Web’s Bad News for Rumpole…
Sean Hargrave in the Daily Mail of 16 November reported that as the Internet goes from strength to strength more people are turning their backs on flesh-and-blood lawyers and sorting their legal affairs online. He says that whilst some lawyers will..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Right to Fair Trial
Arrow Nominees Inc and Another v Blackledge and Others (CHD TLR 8 December)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Achieving Justice
In an article in the New Law Journal of 3 December, Richard Harrison looked at four recent Court of Appeal decisions on the disciplinary techniques of case management under the Civil Procedure Rules. He particularly commended the approach of the..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Personal Service in Scotland
Where personal service of process is required in Scotland, a Sheriff must be used to serve county court process and a messenger-at-arms should be used for High Court process. Litigants cannot personally serve any part of the process themselves or..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
PRO BONO OR FOR FREE?
Geoffrey Robertson QC, when he said he would be happy to act, if not for free then at least pro bono, explained that ‘pro bono’ did not literally mean ‘free of charge’, as it has come to mean, but actually means ‘for..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Travellers on Adjoining Land
Lippiatt and Another v South Gloucestershire Council (CA [1999] 4 All ER 149)
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01 January 2000
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Landlord’s Liability for Tenants
Hussain and Another v Lancaster City Council (CA [1999] 4 All ER 125)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
NEW CPR EXPERT WITNESS SURVEY
Summary of a survey completed by 170 of the expert witnesses who attended the bond Solon Expert Witness Conference on 12 November 1999. It provides an interesting snap shot of the new Civil Procedure Rules since they came into force on 26 April..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
No Knowledge of Injury
James v East Dorset Health Authority (CA TLR 7 December)
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01 January 2000
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Defended Possession Cases
By an amendment to CPR Practice Direction 26 paragraph 10, the requirement that a defended multi-track case shall be transferred from a feeder court to the civil trial centre has been disapplied from defended possession cases. They can therefore..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
No Relief Against Forfeiture
Inntrepreneur Pub Co (CPC) Ltd v Langton (Ch D LSG 17 November)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
JUDICIAL STATISTICS 1998
The Annual Report of the Lord Chancellor’s Department shows that the number of proceedings commenced in the Chancery Division fell by 2% to 37,428 and in the Queen’s Bench Division by 5% to 114,984. In family proceedings there was an..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Execution
A new Practice Direction supplementing RSC Order 46 and CCR Order 26 provides that unless the court orders otherwise a writ of execution or a warrant of execution to enforce a judgment or order must not be executed on a Sunday, Good Friday or..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Administration Orders and Voluntary Liquidation
In Re Norditrack (UK) Ltd (Ch D TLR 11 November)
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01 January 2000
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Business Will Boom
In making out a case for an additional eight High Court judges, the Lord Chancellor predicted a substantial increase in the workload of the High Court arising from the implementation of the Human Rights Act and the Immigration and Asylum Bill. In..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Pensions - Post-earmarking
In the Legal Executive Journal for December, Helen Conway, trainee barrister, considered orders earmarking pensions introduced by s25(B)(1) of the Matrimonial Causes Act 1973, which had given rise to ‘pension phobia’ and an..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Decree Absolute Fees
Although an application by a petitioner to make a decree nisi absolute is for the purposes of the Family Fees Order ‘an application without notice’ attracting a fee of £30 when a respondent applies for a decree to be made absolute..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Vesting Rights of Custody in Foreign Court
In Re H (A Child) (Abduction: Rights of Custody) (CA TLR 16 November)
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01 January 2000
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Matrimonial Agreements – A Preliminary Issue?
Writing in the New Law Journal of 26 November David Burrows considered the provisions of the redrafted ancillary relief rules modelled on the Civil Procedure Rules envisaging the identification of the issues at an early date. He argues that trial..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Solicitors Entitled to Attend Child Conference
Regina v Cornwall County Council, ex parte L (QBD TLR 25 November)
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01 January 2000
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Residence Order to Foster Parents
Gloucester County Council v P and Others (CA [1999] 3 WLR 685)
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01 January 2000
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Parental Responsibility Lost with Care Order
Oxfordshire County Council v S (A Child) (Care Order) (FD TLR 11 November)
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01 January 2000
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Privilege Against Self-incrimination of Contempt
Memory Corporation Plc and Another v Sidhu and Another (Ch D TLR 3 December)
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01 January 2000
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Failing to Comply with ‘Unless’ Disclosure Order
Morgans v Needham (CA TLR 5 November)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
‘As Required’ Staff Not Employees
Carmichael and Another v National Power Plc (H of L TLR 23 November)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
ET’s Chairman Sitting Alone
Post Office v Howell (EAT TLR 11 November)
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01 January 2000
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Employment Tribunal’s Powers on Remit
Aparau v Iceland Frozen Foods Plc (CA TLR 11 November)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Filing by Fax
An amendment to CPR Practice Direction 5 provides that a party may file a document at court by sending it by facsimile. The relevant time will not be the time it is transmitted but the time at which it is disgorged from the court’s fax..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Lost Opportunity
Harrison and Another v Bloom Camillin (Ch D TLR 12 November)
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01 January 2000
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COUNTY COURT CLOSES
..
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01 January 2000
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Proposals for Change
Costs Judge John O’Hare writing in the New Law Journal of 3 December at page 1831 predicted various changes to come into force on 10 January. As he said, none of the amendments or proposed changes can be described as exciting and they will be..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Fixed Costs Error
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Condition Fee Research
First, the good news. Only five of forty clients interviewed who had been funded by conditional fee agreements were dissatisfied with the outcome of their cases (two on the grounds that they were unsure that their damages were adequate) and there..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Order Against Non-party
Robertson Research International Ltd v ABG Exploration BV & Others (QBD Patents Court The Lawyer 29 November)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Effect of Claimant’s Part 36 Offer
Little and Others v George Little Sebire & Co (QBD TLR 17 November)
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01 January 2000
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No Family Standard Fees
The Lord Chancellor has announced his abandonment of the proposed standard fee scheme for family litigation as being inappropriate at the present time with the advent of contracting and the possibility of contracting on a competitive basis in the..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Security
Federal Bank of the Middle East Ltd v Hadkinson and Others (CA LSG 24 November: TLR 7 December)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Re Elgindata Ltd Has Gone
Bank of Credit and Commerce International SA (In Liquidation) v Ali and Others (NO 4) (Ch D NLJ 19 November)
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01 January 2000
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Costs Immunity on Joinder of Party
Regina v Secretary of State for the Environment, Transport and the Regions ex parte O’Byrne (QBD TLR 12 November)
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01 January 2000
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Fee Free
The £40 fee prescribed for a default costs certificate is not included in the fees order relating to family proceedings and should therefore be charged only for non-family civil cases. There is no fee payable for the issue of an interim costs..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Agreeing Costs
It has been suggested that judges should not rubber stamp agreed orders for costs lest solicitors should agree with each other excessive and disproportionate amounts. Apart from the practical difficulty of a judge trying to unravel an amount for..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
The Contracts (Rights of Third Parties) Act 1999
Royal Assent 11 November 1999
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Disqualifying a Director
In Re Migration Services International Ltd (Ch D TLR 2 December)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Representation in Court
CPR 39 makes provision for companies to be represented at a hearing by an employee with permission from a judge, which should not be withheld unless there is some particular and sufficient reason.
Paragraph 5.3 of the supporting Practice Direction..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Contribution Award
Wealands v CLC Contractors Ltd, Key Scaffolding Ltd and Another, Third Parties (CA TLR 16 November)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Scandalising the Judges
When the Editor of the Birmingham Daily Argus in 1900 described Mr Justice Darling as ‘an impudent little man in horsehair’ and ‘a microcosm of conceit and empty-headedness’ he was punished under an ancient form of contempt..
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Accusing the Judges
Paths to Justice: What People Do and Think About Going to Law
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01 January 2000
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Volume 19 No. 1 - 01 January 2000
Recusing the Judges
Locabail (UK) Ltd v Bayfield Properties Ltd and Another and Other Applications (CA TLR 18 November: NLJ 26 November)
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01 January 2000
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Volume 19 No. 1 - 01 January 2000