i-law.com - Newsletter (Litigation Letter)

Principal place of business

King v Crown Energy Trading AG and another (QBD TLR 14 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Collateral attacks

The Secretary of State for Trade and Industry v Bairstow (CA TLR 31 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

The Supreme Court Fees (Amendment No 2) Order 2003 (SI 2003/717 (L 17)) This Order amends the Supreme Court Fees Order 1999 as a result of amendments made by the Tax Credits Act 2002 (c 21) and the State Pension Credits Act 2002 (c 16). The County..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

The European Judicial Network in Civil and Commercial Matters

Welcoming the launch of the Commission website about civil, family and commercial law systems in all EU Member States, Baroness Scotland, Parliamentary Secretary at the Lord Chancellor’s Department, said: ‘It will be a valuable tool..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Prema extended

The second stage of the Preston Combined Court pilot scheme extends the facility to enable the court to accept a wider range of documents by email, such as pre-trial checklists and allocation questionnaires. Requests for judgment by default, which..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Quantum of damages

R (Bernard) v Enfield LBC ([2002] EWHC 2282)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Section 4 Statute of Frauds is alive and well

Actionstrength v International Glass Engineering InGIEn SpA and another (H of L TLR 4 April)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

LSC self-assessment

The Community Legal Service (Funding) Order 2000 and the Civil Legal Aid (General) Regulations 1989 are to be tabled shortly to provide that all legal aid-only bills for £2,500 or less will be assessed by the Legal Services Commission from 1..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Intercountry adoption

The Adoption (Intercountry Aspects) Act 1999 comes into force on 1 June, some four years after the date in its title. The Act allows the UK to ratify and implement the 1993 Hague Convention on Protection of Children and Cooperation in Respect of..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Marriage going down

..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Clawback on capital increase

Parra v Parra (FD [2002] 3 FCR 513)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

President calls for rethink

Delivering the Paul Sieghart Memorial Lecture, Dame Elizabeth Butler-Sloss called for law reform to recognise relationships beyond the so-called ‘nuclear family’, particularly same-sex couples and transsexuals. The UK was the only..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Uncertain perpetrator

In Re O & v (minors); In Re B (a minor) (H of L TLR 4 April)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Destruction of documents

Douglas and others v Hello! Limited and others ([2003] 1 All ER ChD)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Sex discrimination comparators

Shamoon v Chief Constable of the Royal Ulster Constabulary (H of L TLR 4 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Too much leave

Hill v Chapel ([2003] IRLR 19)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Sex discrimination award

Chief Constable of the West Yorkshire Police v Vento (CA LSG 13 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Deep vein thrombosis

Re Deep Vein Thrombosis and Air Travel Group Litigation ([2003] 1 All ER 935 QBD)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Liability for panicking horses

Mirvahedy v Henley and another (H of L TLR 24 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Wrongful arrest

Jarrett v Chief Constable of West Midlands Police (CA LSG 10 April)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Secondary victim cannot recover

Keen v Tayside Contracts (Scottish Court of Session TLR 27 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Unpaid fees

In 2001, complaints by barristers over unpaid fees went up by 41%, and in 2002 they increased by a further 43% to 1,333 complaints, involving fees amounting to £2m. Historically, barristers have not been allowed to sue solicitors for fees,..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Queen’s Counsel 2003

This year, there were 394 applications for Silk: 39 applications were from women (9.9%), 23 from ethnic minority lawyers (5.8%) and 10 from solicitors (2.5%). Of the 121 appointed (30.7% of all applicants), nine are women (23.1% of female..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Winner pays loser’s costs

Kastor Navigation Ltd and another v AGF MAT and others (No 2) (QBD TLR 29 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Predictable costs

Work is proceeding with a view to implementing the predictable costs matrix agreed at the Civil Justice Council Cost Forum being introduced later in the summer. One of the matters still to be resolved is the date upon which the new regime should..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

The costs of costs-only proceedings

Crosbie v Munroe and another (CA TLR 25 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

No payment on account

Dyson Appliances Ltd v Hoover Ltd (4) (ChD TLR 18 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Effect of claimant’s offer

Neave v Neave (CA LSG 10 April)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Interest on costs

Powell v Herefordshire Health Authority (CA LSG 10 April)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Part 36 and CRU certificates

Williams v Devon County Council (CA TLR 25 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Costs protection

The Community Legal Service (Costs) Regulations 2000 were amended with effect from 7 April, by adding to the statement of resources to be made by the receiving party in the determination of the liability of a funded party a declaration stating..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

The wrong way round

A L Barnes Ltd v Time Talk (UK) (CA TLR 9 April)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Relief from CFA sanctions

Grupo Torras SA and another v Al-Sabah and others (QBD [2003] All ER (D) 339)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Part 36 interest

Rowlands and others v Bryn Alyn Community (Holdings) Ltd and another ([2003] EWCA Civ 4 March)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Bricks and mortar

The focus of the London Solicitor’s Litigation Association publication, Resolve, for April was the campaign for modern accommodation for the commercial court. It quoted from the speech of its president, Tony Guise, at the Association’s..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Hear-by dates reduced

In Practice Note (Court of Appeal) (Civil Division): Listing Windows and Hear-By Dates, handed down on 10 March by the Master of the Rolls, he said that in July 2001 a reduction in the Court’s hear-by dates had been announced. The..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Destination

The Civil Procedure (Modification of Enactments) Order 2003, which came into force on 1 April, amended article 4 of the Access to Justice Act 1999 (Destination of Appeals) Order 2000 in two ways. Article 4(a) was amended to provide that where a..

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003

Infuriating the judiciary

Tasyurdu v Secretary of State for the Home Department (CA TLR 16 April)

Online Published Date: 01 May 2003

Appeared in issue: Volume 22 No. 5 - 01 May 2003