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A (temporary) reprieve
Under a new scheme, the Bar Council and the Law Society will select candidates after an open competition and send a list to the Department for Constitutional Affairs (DCA). The Secretary of State will then recommend to Her Majesty that she appoints..
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
Misuse of private information
Campbell v Mirror Group Newspapers plc HL TLR 7 May
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Interfering with foreign court
Turner v Grovit and others (Case C-159/02) ECJ TLR 29 April
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01 July 2004
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Gypsies’ human rights breached
Connors v United Kingdom (Application no 66746/01) ECtHR TLR 10 June
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01 July 2004
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The Council of Europe: Convention on Contact Concerning Children
The Department for Constitutional Affairs (DCA) is seeking views on whether the Government should ratify a Convention that aims to set out international principles on contact with children and help safeguard contact orders involving two members of..
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
Residence transferred to father
V v V (children) (contact: implacable hostility) FD TLR 28 May
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High Court for uncooperative mothers
In re S (children: uncooperative mothers) CA TLR 28 May
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Standard of proof is still civil
In re U (a child) (serious injury: standard of proof); In re B (a child) (serious injury: standard of proof) CA TLR 27 May
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01 July 2004
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Constructive unfair dismissal
Thackeray v Acequip EAT/0396/03/MAA 20 November 2003 unreported
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Advance payment of commission
McMillan Williams (a firm) v Range CA TLR 16 April
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01 July 2004
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Whose employee am I anyway?
In an article in the New Law Journal of 23 April, Garreth Wong considered the decision in Brook Street Bureau (UK) Ltd v Dacas (23/LL p53) quoting Mummery LJ’s observation that the questions of whether an agency worker is employed by the..
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
ILEX compromise advisers
The Compromise Agreements (Description of Person) Order 2004 (SI 2004 No 754) has been extended to include fellows of the Institute of Legal Executives employed by solicitors in the category of ‘relevant independent adviser’ for the..
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
The test of bias
Lodwick v Southwark LBC CA TLR 9 April
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01 July 2004
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Offer of amends
Nail (Jimmy) v (1) Geraint Jones and (2) Harper Collins Publications Ltd QBD LSG 10 June
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
Duty of care
Hughes v Colin Richards & Co [2004] EWCA Civ 266
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
What compensation culture?
The Better Regulation Task Force set up in 1997 has, in its report Better Routes to Redress, concluded that there is not a compensation culture in the UK, but it recommends that action be taken to counter the popular perception that there is one...
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
Costs of investment advice
Paige v Plymouth Hospitals NHS Trust [2004] EWHC 1154 (QB); NU 4 June
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Burden on employer
Brown and others v Chorus (UK) Ltd CA TLR 27 May
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01 July 2004
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Periodical payments
Under current Government plans, compensation for personal injury is to be paid periodically rather than by a lump sum. However, the Association of Personal Injury Lawyers is concerned that the payment, which will be linked to the retail price..
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
Employers’ duty to wives
Maguire v Harland Wolff plc and another QBD TLR 29 April
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DVT concession
After 24 of the original 25 claimants had discontinued their action against British Airways for damages for suffering deep-vein thrombosis on long-haul flights, BA has said that if permission to appeal to the House of Lords is granted it will pay..
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
New name - new agency
The Court Service and independent magistrates courts will merge into a single executive agency to be called Her Majesty’s Courts Service (HMCS), which is at present operating in shadow form and will come into full effect from April 2005.
For..
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01 July 2004
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Costs set off against damages
English Churches Housing Group v Avrom Shine [2004] EWCA Civ 343
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Silence as to costs
Practice statement (judicial review: costs) QBD TLR 20 May
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Fixed employers’ liability success fees
Agreement has been reached through the brokering of the Civil Justice Council on fixed success fees in employers’ liability accident claims. The success fee will be 25% of base costs in respect of claims settled before trial and 100% where..
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
Fixed success fees
The Civil Procedure (Amendment) Rules 2004 (SI 2004 No 1306) implemented, with effect from 1 June, the industrial agreement in respect of fixed success fees in RTA cases commenced since 5 October 2003, where the predictable costs provisions do not..
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01 July 2004
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Employment tribunal
McPherson v BNP Paribas SA CA TLR 31 March
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Costs capping in CFA libel cases
King v Telegraph Group Ltd CA TLR 21 May
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Trial judge or costs judge?
Aaron v Shelton [2004] EWHC 1162 (QB); NLJ 4 June
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Inadvertent disclosure of Part 36 offer
Garratt v Saxby [2004] All ER (D) 302
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No right of reply
Tillery Valley Foods Ltd v Channel 4 Television Corporation and another ChD TLR 21 May
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01 July 2004
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Direct access
From July an amendment to the Bar Council’s code of conduct enables barristers of three years’ call and above to deal directly with the public without an intermediary solicitor. Although the cab-rank rule will not apply, work cannot be..
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01 July 2004
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Volume 23 No. 7 - 01 July 2004
Refusal to mediate
Corenso (UK) Ltd v The Burnden Group plc QBD RCJ July 2003
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01 July 2004
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Decline of the QBD
Has the judiciary now realised that by promulgating ADR it is biting off the hand that feeds it? The five-year statistics for cases started in the Queen’s Bench Division highlight its startling decline:
1998 – 120,000; 1999 –..
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01 July 2004
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Volume 23 No. 7 - 01 July 2004