i-law.com - Newsletter (Litigation Letter)

Facelift – at a price

According to the Law Society’s Gazette of 6 November, the court service and the Department of Constitutional Affairs are considering three schemes for redeveloping the Royal Courts of Justice. Two schemes envisage the creation of a building..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

No duty to enhance value before sale

Silven Properties and another v Royal Bank of Scotland plc and others CA TLR 27 October

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Adverse possession

The Land Registration Act 2003, which came into force in October, provides for the introduction of ‘determined boundaries’ enabling landowners to mark and register their boundaries by filling out a simple form. Additional protection is..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Bankrupt’s right of action

Mulkerrins v Price Waterhouse Coopers (a firm) [2003] 4 All ER 1(HL)

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Administrator’s duty of care

Kyrris and another v Oldham and others CA TLR 7 November

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Just Ask!

The Community Legal Service’s hugely successful website (1.5 million hits a month) – www.justask.org.uk – has been revamped. It is now easier to use, contains more information and includes an interactive calculator that enables..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Time for payment claim

According to the APIL Newsletter for October, the solicitor (Stephen Irving) wrote to his publicly funded client requesting him to contact him in 14 days. Six months later, the solicitor requested the client to contact him within the next four..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

State’s duty to ensure contact

Hansen v Turkey (application no 36141/97) ECHR 23 September

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Online contact

www.ourfamilywizard.com is a website created by Paul Volker of Andover Minnesota which has now gone worldwide. The site enables both parents to log onto their calendar and record arrangements for the children. The details are restricted to password..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Shared residence

Re F (shared residence order) [2003] EWCA Civ 592

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Child contact pilot?

According to the New Law Journal of 31 October, ministers are considering an ‘early intervention’ pilot scheme that could potentially stop 75% of child contact cases reaching a court hearing. High risk or complicated cases would be..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

CAFCASS – resignation welcomed

One of the reforms of CAFCASS called for by the House of Commons Committee of the Lord Chancellor’s Department was the replacement of its inexperienced board by more experienced members (22/LL p91). They have started at the top with the..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

All train and no gravy!

Challenging the Prime Minister’s reference to what he chose to call ‘the legal aid gravy train’, Toby Hooper QC, in the journal of the south eastern circuit, said that he had got hold of the wrong end of a rather large number of..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

CGT on business assets

The Inland Revenue has reversed its position on imposing capital gains tax on the transfer of business assets in divorce proceedings following the decision in G v G [2002] EWHC 1339. Its previous position that assets transferred by court order on..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Proceeds of Crime Act 2002

P v P [2003] All ER (D) 141 (October); [2003] EWHC 2260 (Fam)

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Disclosure to non-party

The Law Debenture Trust Corp (Channel Islands) v Lexington Insurance Co and others [2003] EWHC 2297 (Comm)

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Two experts – one discipline

ES v Chesterfield and North Derbyshire Royal Hospital NHS Trust [2003] All ER (D) 448 (July) CA; [2003] EWCA Civ 1284

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Disputed sick pay

Taylor Gordon Co Ltd v Timmons EAT TLR November

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Intentional infliction of harm

Wong v Parkside Health NHS Trust and another [2003] 3 All ER 932

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Libel bar

Associated Newspapers has proposed that barristers who act for it regularly should not act against it for a number of months after a case. According to The Lawyer of 10 November, some newspaper lawyers have gone so far as to suggest that the libel..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Compensation for unwanted child

Rees v Darlington Memorial Hospital NHS Trust CA 21 October H of L; [2003] UKHL 52

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

No way round the discount rate

Cooke v United Bristol Healthcare NHS Trust; Shepherd v Stibbe and others; Page v Lee CA TLR 24 October

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Judge’s job is to judge

Cooper v Law Cleaning Machines Ltd and another CA TLR 24 October

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Agreement with minor

Kerry Anne Drinkall (a minor suing by her mother and litigation friend) v Dean Harry Whitwood [2003] EWCA Civ 1547

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

CFA opportunity missed

Writing in the New Law Journal of 31 October, Professor John Peysner regretted that CFA lites will not have an opportunity to be thoroughly tested. They do not allow solicitors to recover the disbursements against their clients in any event; there..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Indemnity basis

Phoenix Finance Ltd v Federation International de l’Automobile and others[2003] CP Rep 1 ChD; [2002] EWHC 1028 (Ch)

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Expert’s fees

In its annual Expert Witness Survey, Bond Solon Training found that a third of expert witnesses charge an hourly rate of between £150 and £250, and nearly 60% charge between £50 and £150. Three-quarters of experts charge between..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Security in the Court of Appeal

Great Future Ltd and others v Sealand Housing Corporation and others [2003] EWCA Civ 682

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003

Solicitors gain more than clients

Responses to Parliamentary questions have revealed that in 3,162 cases of chronic bronchitis emphysema where the miner received less than £200 in compensation, the average fee to the solicitors was £2,143. Of the money spent on the..

Online Published Date: 01 December 2003

Appeared in issue: Volume 22 No. 10 - 01 December 2003