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Low-impact collisions
Casey v Cartwright CA TLR 10 October
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Law Costs Draftsmen’s Bill
It is expected that the application of the Association of Law Costs Draftsmen (ALCD) for authorised body status will receive Parliamentary approval from both Houses before the end of the year and come into effect on 1 January 2007. Under the..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Interfering with the judge’s discretion
Finning UK Ltd v Inveresk plc [2006] EWHC 2031; QBD 13 July
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01 November 2006
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Indemnity basis
Mahme Trust Reg and others v Lloyds TSB Bank plc [2006] EWHC 1782; ChD 14 July
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Civil Costs Assessment Handbook
Peter Burge, 2nd edition: The Law Society; £49.95
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
No penalty clause
Euro London Appointments Ltd v Claessens International Ltd [2006] All ER (D) 79 (Apr)
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Principles of practice
Zuckerman on Civil Procedure, 2nd edition; Thomson/Sweet & Maxwell
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Supply of documents to a non-party from court records
From 2 October Civil Procedure Rule 5.4C has been amended to provide:
‘(1) The general rule is that a person who is not a party to proceedings may obtain from the court records a copy of –
(a) a statement of case, but not any documents..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Setting aside judgment
Nelson and another v Clearsprings (Management) Ltd [2006] All ER (D) 109 (Sep); NLJ 6 October
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Removal of administrator
Green and others v Gaul and others; King-Jones as interested party CA TLR 1 September
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Tolerated trespass
Section 8(2) of the Housing Act 1985 provides that a secure tenancy ends on the date fixed by the court order for giving possession. This is subject to s85(2) which gives the court power to postpone the date of possession. Section 85(2) empowers..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Rent arrears
The CPR Pre-Action Protocol for Possession Claims Based on Rent Arrears came into force on 2 October. Hitherto where the court has a discretion as to whether or not to order possession, the steps which a landlord has taken to make the tenant aware..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Wife’s interest in bankrupt’s home
Nichols v Lam and another ChD TLR 4 August
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Limitation
Gotham v Doodes [2006] EWCA Civ 1080; CA TLR 14 August; NLJ 1 September
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Injunction or damages?
Regan (Dennis) v Paul Properties DPF No 1 Ltd and others [2006] EWHC 1941 (Ch)
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Freezing orders
In an article in the New Law Journal of 29 September, Alistair Craig considered the implications of the decision in Commissioners of Customs & Excise v Barclays Bank plc [2006] All ER (D) 215 June) (25/LL p80) in which the House of Lords not..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Strip-search
Wright (Wayne) and another v United Kingdom [2006] All ER (D) 125 (Sep) (ECHR); NLJ 6 October
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
One less hiding place
The long overdue reciprocal recognition and enforcement of children orders between the UK and Jersey came into force on 21 August with the Child Abduction and Custody Act 1985 (Jersey) Order 2006 (SI 2006 No 1917) following Jersey’s signature..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Shortage of experts
In its first annual report the Family Justice Council of England and Wales said that the lack of experts in the family justice system is a chronic problem which has become increasingly acute. The unavailability of experts and delayed reports..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Families do not need some fathers
In re B (a child); In re O (children) CA TLR 6 October
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Practice Direction: Court Bundles
The president of the Family Division issued a Practice Direction – Family Proceedings: Court Bundles (Universal practice to be applied in all courts other than the Family Proceedings Court) – on 27 July 2006 which came into effect on 2..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Cost of residential assessment
Sheffield City Council v V; Legal Services Commission Intervening FD TLR 25 August
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Police Disclosure Protocol
The police are inundated on a daily basis with requests for information, from a variety of sources, for use in connection with ongoing or contemplated family proceedings. Often the requests for information are unclear as to the persons involved and..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Gee Street
Clerkenwell and Shoreditch County Courts have amalgamated and moved to new premises in Gee Street, near the Barbican in Central London. The court is designated as a divorce county court in order to remove some of the pressure on the Principal..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Split hearings
In re A and another (children: split hearings) CA TLR 7 September
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Length of service relevant to pay
Cadman v Health and Safety Executive, Equal Opportunities Commission, Intervener (Case C-17/05) ECJ TLR 6 October
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
‘What is a procedure’?
In an article in the New Law Journal of 22 September, Elliot Gold and Francis Davey considered conflicting decisions as to the effect of breaches of disciplinary procedures. Polkey v AE Dauton Services Ltd [1987] 3 All ER 974 decided that any..
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Bullying at work
Green v DB Group Services [2006] All ER (D) 02 (Aug) (QBD); NLJ 29 September
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Burden of proof
Laing v Manchester City Council [2006] All ER (D) 452 (Jul) (EAT); NLJ 6 October
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01 November 2006
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Volume 25 No. 9 - 01 November 2006
Right to freedom of expression
Jameel and another v Wall Street Journal Europe Sprl [2006] UKHL 44; HL TLR 12 October
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01 November 2006
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Volume 25 No. 9 - 01 November 2006