i-law

Litigation Letter

Not an ’homme d’affaires’

Pickersgill and another v Riley PC TLR 2 March
Online Published Date:  01 May 2004

No loss following negligence

Daniels v Thompson CA TLR 23 March
Online Published Date:  01 May 2004

No duty to remind client

Atkins v Dunn & Baker (a firm) CA SJ 5 March
Online Published Date:  01 May 2004

Out of the jurisdiction

Credit Agricole Indosuez v Unicof Ltd and others [2004] 1 Lloyd’s Rep 196
Online Published Date:  01 May 2004

Showmen ordered to leave their own land

Davis and others v Tonbridge and Mailing Borough Council CA TLR 5 March
Online Published Date:  01 May 2004

Right to retain

Gough and another v Chief Constable of the West Midlands Police CA TLR 4 March
Online Published Date:  01 May 2004

Wrong admission

Loveridge v Healey [2004] EWCA Civ 173
Online Published Date:  01 May 2004

Exemplary damages against landlord

Design Progression Ltd v Thurloe Properties Ltd ChD TLR 2 March
Online Published Date:  01 May 2004

Error in counter-notice

Lay and others v Ackerman and another CA TLR 24 March
Online Published Date:  01 May 2004

Possession order for antisocial behaviour

New Charter Housing (North) Ltd v Ash croft CA SJ 26 March
Online Published Date:  01 May 2004

Postponing possession

Hackney LBC v Side by Side (Kids) Ltd [2003] All ER (D) 59 (Feb); [2003] EWHC 1813 (QB)
Online Published Date:  01 May 2004

Right of way despite unlawful use

Bakewell Management Ltd v Brandwood and others HL TLR 2 April
Online Published Date:  01 May 2004

Oral boundary agreements

Joyce v Rigolli CA TLR 10 March
Online Published Date:  01 May 2004

Election

Beirut Racy v Hawila [2004] EWCA Civ 209
Online Published Date:  01 May 2004

Costs and expenses of winding up

Buchler and another v Talbot and others [2004] UKHL 9; NLJ 12 March
Online Published Date:  01 May 2004

Fees increase

From 1 April the deposit on a winding-up petition rose from £500 to £620, on a creditor’s bankruptcy petition from £300 to £370, and on a debtor’s bankruptcy petition from £250 to £310 unless he or she..
Online Published Date:  01 May 2004

Compensation culture crackdown

According to The Times of 22 March, legal aid could be discontinued for claims against schools, the police, and the medical profession in a crackdown on the compensation culture that is costing public services millions of pounds a year. The paper..
Online Published Date:  01 May 2004

Free phone advice from the court

The Legal Services Commission and the Department for Constitutional Affairs have joined forces to pilot a free telephone court legal advice service in the West Midlands and the South West. The service will run for six months and, if successful,..
Online Published Date:  01 May 2004

Picking up the Pieces: Marriage and Divorce Two Years after Information Provision

This report contains findings after research and data on the value of providing information on the help and support available for married and divorcing couples. Researchers at the Newcastle Centre for Family Studies followed up people over a..
Online Published Date:  01 May 2004

Family resolution pilot scheme

The Sun of 19 March reported that the Government’s plans for a pilot scheme designed to protect children from the effects of acrimonious court battles between parents has been dismissed as ‘doomed to failure’ by the Fathers 4..
Online Published Date:  01 May 2004

£30,000 for Talaq

A v T FD TLR 2 March
Online Published Date:  01 May 2004

Confidentiality

In re B (a child) (disclosure) [2004] EWHC 411 (Fam); NLJ 2 April
Online Published Date:  01 May 2004

Limiting cross-examination on contempt

Phillips v Symes [2003] EWCA Civ 1769
Online Published Date:  01 May 2004

Contempt of court

Great Future International and others v Sealand Housing Corporation and others ChD TLR 1 March
Online Published Date:  01 May 2004

An implied contract of employment?

Brook Street Bureau (UK) Ltd v Dacas CA TLR 19 March
Online Published Date:  01 May 2004

Delay in promulgation of decision

Kwamin v Abbey National plc and other appeals EATNLI 19 March
Online Published Date:  01 May 2004

EAT had no jurisdiction

Refreshment Systems Ltd t/a Northern Vending Services v Wolstenholme EAT TLR 2 March
Online Published Date:  01 May 2004

No duty to give employee financial advice

Crossley v Faithfull & Gould Holdings Ltd CA TLR 29 March
Online Published Date:  01 May 2004

Employer’s duty to stressed employee

Barber v Somerset County Council HL TLR 5 April
Online Published Date:  01 May 2004

No duty to provide road signs

Gorringe v Calderdale MBC HL TLR 2 April
Online Published Date:  01 May 2004

Loss of chance

Normans Bay Ltd (formerly Illingworth Morris Ltd) v Coudert Brothers (a firm) CA TLR 24 March
Online Published Date:  01 May 2004

Costs to be abolished?

The Law Society’s Gazette released details of a speech to be made by the Master of the Rolls saying that the judiciary was ‘sick to the back teeth and beyond’ of the non-stop wrangling over costs and will propose abolishing the..
Online Published Date:  01 May 2004

No-win, not costs free

The Law Society’s Gazette of 25 March reported a recommendation by the Legal Services Ombudsman that the Office for the Supervision of Solicitors (OSS) should reconsider a matter in which the solicitors had agreed to act on a no-win, no-fee..
Online Published Date:  01 May 2004

Defective CFA

Spencer v Wood [2004] EWCA Civ 352
Online Published Date:  01 May 2004

Courts Boards

Regulations have been published setting out the framework for 42 community-focused Courts Boards in England and Wales, together with a report entitled Courts Boards: Constitution and Procedures A Response Paper. They follow a three-month public..
Online Published Date:  01 May 2004

Wasting their Lordships’ weekends

Andrew Cohen of W Davies & Son writes: In last month’s issue (p38) you invited suggestions for letting the court know timeously if there was a settlement. My suggestion is in two parts. 1. Mutual respect Make sure that the Court Service..
Online Published Date:  01 May 2004

Enforcement by the court

Shirayama Shockusan Co Ltd and others v Danovo Ltd ChD TLR 22 March
Online Published Date:  01 May 2004

Cutting the number of trials

According to the Solicitors Journal, the Department for Constitutional Affairs (DCA) is under pressure from the Treasury to cut the cost of the civil court system by reducing the number of civil and commercial cases which go to trial and the DCA..
Online Published Date:  01 May 2004

Court mediation

Central London Civil Justice Centre is housing a new pilot scheme to encourage more people to settle disputes out of court. The scheme involves automatically referring selected civil cases to mediation. Parties could be liable for costs if they..
Online Published Date:  01 May 2004

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