i-law.com - Newsletter (Litigation Letter)

1. Proceedings which invoke the jurisdiction of the High Court to grant declarations as to the best interests of incapacitated adults are civil proceedings to which the Civil Procedure Rules 1998 apply. Although not assigned to any division, having..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

FDR outcome was binding

Rose v Rose (CA TLR 14 March)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Care plans were ill-starred

In re W and B (Children: care plan) In re W (Child: care plan) (H of L TLR 15 March)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Setting aside consent order

S v S (FD NLJ 15 March)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Family law protocol

The Law Society has launched a new family law protocol providing guidelines for lawyers with a view to making the divorce process less acrimonious. It has been produced by the Solicitors Family Law Association, the Lord Chancellor’s..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

CAFCASS

Following negotiations between CAFCASS and the guardians representative body, NAGALRO (after CAFCASS’s proposals had been successfully challenged by judicial review) guardians are now being offered a choice of either employed or self-employed..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Same-sex marriage void

Bellinger v Bellinger ([2002] 1 ALL ER 311)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Video conferencing

1. Video conferencing facilities are available in the Royal Courts of Justice in Court 38. In proceedings pending in the Principal Registry of the Family Division which are to be heard in the RCJ or in First Avenue House and in which it is desired..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Subsequent use of disclosed document

Lilly Icon Ltd v Pfizer Ltd (No 2) (CA TLR 28 January)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Video conferencing – all you wanted to know but were afraid to ask

The latest update to the Civil Procedure Rules amended CPR Practice Direction 32 (Written Evidence) with effect from 25 March by providing a new annexe 3 setting out clearly and comprehensively the procedure for using video conferences...

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

EAT pro bono

The Free Representation Unit and the Bar Pro Bono Unit now offer free assistance to every litigant at the Employment Appeal Tribunal. The new scheme is an extension of the Employment Law Appeals Advice Scheme run by the Employment Law Bar..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Tribunals should have broad backs

Bennett v Southwark LBC (CA TLR 28 February)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Strict liability for loose horses

Howard Palmer QC and John Snell, of 2 Temple Gardens, considered the decision in Mirvahedy v Henley (21/LL p34) in an article in the All England Legal Opinion for January/February and concluded that the Court of Appeal’s decision has..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Healthy child to disabled mother

Ress v Darlington Memorial Hospital NH Trust (CA LSG 21 March)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Malicious prosecution disclosure

McNally v Chief Constable of Greater Manchester Police (CA TLR 6 March)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

What is bodily injury?

King v Bristow Helicopters Ltd M v Klm Royal Duty Airlines (H of L TLR 1 March)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Evaluating family care

Evans v Pontypridd Roofing Ltd (CA 9 November 2001)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Court funding and the CPR

The following are extracts from the speech of Lord Justice May at the London Solicitors’ Litigation Association Annual Dinner. Court funding ‘The present policy that the civil courts should be self-funded from court fees is, in my view,..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Pleading fraud and wasted costs

In an article in the Solicitors Journal of 25 January Guy Mansfield QC, Derrick Dale and John Bennett commented on the impact of the judgment of Mr Justice Neuberger in Brown v Bennett (21/LL p6). They considered the hazards of pleading, or not..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

CBA CFAs

The Chancery Bar Association has redrafted its conditional fee arrangement rules so that in respect of less contentious elements CFA contracts will no longer have to be subject to renegotiation during each case, because they have become..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

ATE policy not a CCA

Tilby v Perfect Pizza Ltd (SCCO NLJ 15 March)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Ombudsman liable for all costs of appeal

Moore’s (Wallisdown) Ltd v Pensions Ombudsman and another and associated case (Ch D TLR 1 March)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Transferring detailed assessments to the SCCO

The SCCO is able to accept bills at all levels. Bills below £75,000 will usually be given a hearing date four to six weeks ahead, above that figure, the hearing date is likely to be three to four months ahead. The SCCO is able to deal with all..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Security for costs

Dardana Ltd v Yukos Oil Company (QBD TLR 4 February)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Value not cost

The American Bar Association has launched an investigation into billable hours amid ‘growing concern’ that the demands of increasing billables is compromising the health and well-being of lawyers. Many practitioners are complaining that..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Interim payments

Capital One Developments Ltd v Commissioners of Customs and Excise (Ch D TLR 18 February)

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Law Society survey

(and see also Arbitration) The survey questioned 130 solicitors on their views on how the Civil Procedure Rules were working in practice, 30 months after implementation. The majority thought that they were working well, subject to ‘some..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

Civil Procedure Rules changes

The new Part 62 (21/LL p18) which replaced CPR Practice Direction 49G in respect of arbitration proceedings reproduced the existing procedure in new and clearer wording but also introduced the following changes: ACAS arbitrations are brought..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002

The Civil Procedure (Amendment No 4) Rules 2001 (SI 2001 No 2792 (L 29))

On 25 March these rules introduced new Parts 70, 71, 72 and 73 to the Civil Procedure Rules. They implement the first stage of the Lord Chancellor’s Enforcement Review, aimed at examining existing methods of enforcement and identifying any..

Online Published Date: 01 April 2002

Appeared in issue: Volume 21 No. 4 - 01 April 2002