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Responses to consolidation consultation
52% of those responding to the Civil Justice Council’s consultation about a consolidated pre-action protocol were opposed to the idea. The main focus of this particular group of respondents was the fact that great time and effort had been put..
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01 April 2008
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Volume 27 No. 4 - 01 April 2008
Mortgage arrears consultation
The Civil Justice Council is proposing to recommend to the Head of Civil Justice, Sir Anthony Clarke, that he should bring into force a pre-action protocol relating to proceedings in which a residential possession claim is made by a mortgage lender..
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01 April 2008
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What are premises?
Bradford and Bingley Plc v Cutler CA TLR 22 February
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What are premises?
Majorstake Ltd v Curtis H of L [2008] All ER (D) 70 (Feb); TLR 12 February
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Place of delivery
Scottish and Newcastle International Ltd v Othon Ghalanos Ltd H of L [2008] All ER (D) 294 (Feb); NLJ p334; SJ 26 February
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Older part-timers
Following a successful court challenge, the retirement age for Recorders, Deputy High Court Judges, Deputy District Judges, and Deputy Masters and Registrars is to be raised from 65 to 70. This brings the retirement age into line with the statutory..
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01 April 2008
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Justices of the Supreme Court
The Constitutional Reform Act 2005 provides for a Supreme Court to take over the jurisdiction of the House of Lords, with the existing law lords as its first members. In an article in the Law Society’s Gazette of 21 February, Joshua Rozenberg..
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Constructive trust
Morris v Morris and others CA SJ 4 March p31
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Adoption
Re G (an infant) (Adoption: Placement outside jurisdiction) CA [2008] All ER (D) 302 (Feb)
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Effect of remarriage
Marchant v Dixon CA TLR 4 March
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Financial consequences of relationship breakdown
The Parliamentary under-secretary of state in the Ministry of Justice, Bridget Prentice, has made a written ministerial statement announcing the Government’s response to the Law Commission’s paper on the financial consequences of..
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01 April 2008
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Negligent ancillary relief advice
Burke v Chapman and Chubb [2008] EWHC 341 (QB)
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Inspection of documents
Expandable Ltd and another v Rubin CA [2008] All ER (D) 148 (Feb); NLJ 29 February; TLR 10 March
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Production of documents
Vitol SA v Capri Marine Ltd QBD [2008] EWHC 378 (Comm) 29 February
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Perjury
Cinpres Gas Injection Ltd v Melea Ltd CA TLR 29 February
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Disability discrimination
McDougall v Richmond Adult Community College CA TLR 22 February
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Breach of contractual term
GAB Robins (UK) Ltd v Triggs CA TLR 5 March
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Homophobic banter
English v Thomas Sanderson Blinds Ltd EAT Appeal No UKEAT/0556/07/LA 20 February
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Reliance on expired final warning
Airbus UK Ltd v Webb CA TLR 26 February
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Qualified privilege
Seaga v Harper PC TLR 15 February
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Statutory duty to employee is higher than at common law
Allison v London Underground Ltd CA TLR 29 February
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The cow as a wild animal
McKenny and another v Foster (t/a Foster Partnership) [2008] EWCA Civ 173
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Liability for suicide
Corr v IBC Vehicles Ltd H of L TLR 28 February
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No double jeopardy
Ann Brazier v Wolverhampton City Council [2007] EWCA Civ 1479
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Periodical payments indexing
In the February issue of PI Focus, under the heading ‘Thompstone decision is for claimant choice’, APIL emphasised the stern warning from the Court of Appeal in Thompstone v Tameside (27/LLp15) to defendants in catastrophic injury cases..
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Causation
Cox v Rolls Royce Industrial Power (India) Ltd [2007] EWCA Civ 1189
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Costs against insurers
Palmer v (1) MIB; (2) PZ Products; (3) Royal & Sun Alliance & others[2008] EWCA Civ 46
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Third-party funding
A Civil Justice Council forum in February attended by representatives of the leading players in the costs industry considered the future of third-party funding. The consensus was that there should be regulation requiring funders to provide security..
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01 April 2008
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No brief fee
According to The Lawyer of 25 February, counsel instructed in the Princess Diana inquest have taken the unusual step of not agreeing a brief fee but of being paid on an hourly basis because ‘everything about the inquest was so uncertain..
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01 April 2008
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Defective goods
Writing in the New Law Journal of 19 February, District Judge Peter Glover said that amendments to the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 appeared to be little known to practitioners and litigants in the county..
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01 April 2008
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Review
Dr Jonathan Spencer, an external consultant, has been commissioned to carry out an independent review of the Civil Justice Council. He will:
review the role and performance of the Civil Justice Council and make recommendations;
evaluate the..
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01 April 2008
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Volume 27 No. 4 - 01 April 2008
Highest earners from public funds
The Ministry of Justice and the Legal Services Commission frequently receive requests from Members of Parliament and the public to disclose which barristers receive the highest payments for providing publicly funded legal services. The disclosures..
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01 April 2008
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Clarification or new issue?
Evans v Cig Mon Cymru Ltd, CA, 18 January
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Third-party capture
Third-party capture involves insurers contacting the victims of accidents direct and settling claims before the potential claimants have received independent legal advice. As always, there are two schools of thought. Insurers point to what they..
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01 April 2008
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