i-law

Litigation Letter

Advocacy

An article, ‘Arguably, knowledge is power’ by the Solicitors’ Association of Higher Court Advocates in the Law Society’s Gazette, emphasised the importance ofwell-researched skeleton arguments. Judges, whether specialist or..
Online Published Date:  01 July 2005

Effect of fraud on civil legal professional privilege

Kuwait Airways Corporation v Iraqi Airways Co (No 6) CA TLR 25 April
Online Published Date:  01 July 2005

Breach of confidence

Douglas and others v Hello! Ltd and others CA TLR 24 May; NLJ 27 May
Online Published Date:  01 July 2005

Personal liability

In an article ‘Hints for Hungry Litigators’ in the New Law Journal of 6 May, Simon Headley considered a company’s obligations and liabilities concerning its name and stationery, and the question of directors’ personal..
Online Published Date:  01 July 2005

Design defect

Abbott and another v Will Gannon and Smith Ltd CA TLR 28 April
Online Published Date:  01 July 2005

Tolerated trespasser

Newham London Borough Council v Hawkins and others CA TLR 3 May
Online Published Date:  01 July 2005

Judicial appointment

The Constitutional Reform Act 2005 has at last reached the statute book. Under Part 4, the Judicial Appointments Commission is established and under Schedule 10 the size and membership of the Commission is set out. For the first time in history..
Online Published Date:  01 July 2005

Disqualification appeal

Secretary of State for Trade and Industry v Paulin ChD TLR 26 May
Online Published Date:  01 July 2005

Discharge by variation of loan

Triodos Bank NV v Dobbs (No 2) CA TLR 30 May
Online Published Date:  01 July 2005

Cohabitation: Law, Practice and Precedents

Third edition; Helen Wood, Denzil Lush and David Bishop; Family Law; £75. Hardback plus CD-ROM
Online Published Date:  01 July 2005

Deception by the court

Harb v King Fahd Bin Abdul Aziz CA TLR 6 June
Online Published Date:  01 July 2005

Costs of residential assessment

Lambeth London Borough Council v S and others FD TLR 19 May
Online Published Date:  01 July 2005

Recognition of overseas divorce

Duhur-Johnson v Duhur-Johnson FD TLR 18 May
Online Published Date:  01 July 2005

Challenging care order

In re W (children: removal into care) CA TLR 25 May
Online Published Date:  01 July 2005

Breach of children injunction

In re M-B and D (children); In re J-B (a child) CA SJ 6 May
Online Published Date:  01 July 2005

Contact and adoption

The Child Contact and Inter-Country Adoption Bill (formerly the Children (Contact) and Adoption Bill) was incorporated in the Queen’s speech as part of the 2005–06 legislative programme. The Bill seeks new methods of enforcing contact..
Online Published Date:  01 July 2005

Information about prospective adopters

In re S (a child) CA SJ 27 May
Online Published Date:  01 July 2005

Paternity under the Human Fertilisation and Embryology Act 1990

In re D (a child appearing by her guardian ad litem) HL SJ 27 May
Online Published Date:  01 July 2005

Costs order set aside

Seiwa v Sankofa CA SJ 6 June
Online Published Date:  01 July 2005

Third party disclosure

Mitsui & Co Ltd v Nexen Petroleum UK Ltd ChD TLR 18 May
Online Published Date:  01 July 2005

Late witness statement

Roberts and others v Williams and others CA SJ 27 May
Online Published Date:  01 July 2005

Holiday pay after sick pay

Ainsworth and others v Inland Revenue Commissioners CA TLR 16 May
Online Published Date:  01 July 2005

Amplification of employment tribunal reasons

Barke v SEETEC Business Technology Centre Ltd CA TLR 26 May
Online Published Date:  01 July 2005

Employment tribunal jurisdiction

Crofts and others v Cathay Pacific Airways Ltd and others CA TLR 31 May
Online Published Date:  01 July 2005

Rehabilitation

In an article in the Law Society’s Gazette of 26 May, Lucy Trevelyan wrote: ‘Rehabilitation companies which specialise in treating injured people and massaging them into shape and back into the workforce are springing up in droves, and..
Online Published Date:  01 July 2005

Vibration white finger litigation

Rugby Joinery UK Ltd v Whitford CA TLR 31 May
Online Published Date:  01 July 2005

No award of costs

Alli v Luton & Dunstable NHS Trust CA SJ 6 May
Online Published Date:  01 July 2005

Effect of non-disclosure

Bradford and Bingley plc v Ross CA TLR 2 May
Online Published Date:  01 July 2005

Stress at work

Harding v The Pub Estate Co Ltd CA SJ 27 May
Online Published Date:  01 July 2005

Judge was wrong to find claimant incredible

Coles v Greaves and another CA SJ 27 May
Online Published Date:  01 July 2005

A single civil court?

In its response to the Government’s consultation paper on the benefits of creating a single civil court, the Law Society addressed the question of economics. It pointed out that the consequences of the introduction of the CPR was that by..
Online Published Date:  01 July 2005

‘A licence to print money’

According to The Lawyer of 6 June, since the decision in U (or KU) v Liverpool City Council (24/LL p61) insurers have been wringing their hands calling it a licence to print money. Until that decision defendant insurers had been successful in..
Online Published Date:  01 July 2005

Not at any price

Writing in the Law Society’s Gazette of 2 June, Andrew Underwood, president of the Forum of Insurance Lawyers argued for a behavioural code of practice for multi-tracked cases which the personal injury pre-action protocol fails to address...
Online Published Date:  01 July 2005

Apportionment of success

Hackney London Borough Council v Campbell and others CA SJ 6 May
Online Published Date:  01 July 2005

Funders liable for costs up to the amount of their potential gain amount of their potential gain

Arkin v Borchard Lines Ltd, Zim Israel Navigation Company Ltd and others and Managers and Processors of Claims (Part 20 defendants) and others [2005] EWCA Civ 655
Online Published Date:  01 July 2005

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