i-law

Litigation Letter

Spanish finding binding

National Navigation Code v Endesa Generacion SA [2009] EWCA Civ 1397; TLR 8 February
Online Published Date:  01 March 2010

1. The Small Claims Mediation Service

Writing in the law bulletin of the Association of Her Majesty’s District Judges, James Rustidge, head of the Small Claims Mediation Service, said the scheme has now been in operation for just over two years and continues to go from strength to..
Online Published Date:  01 March 2010

Review

The president of the Court of Protection, Sir Mark Potter, has announced he is setting up an ad hoc committee to undertake a review of the Court of Protection Rules 2007 and the practice directions and forms which accompany the rules. He said:..
Online Published Date:  01 March 2010

Race or religion?

R (on the application of E) v Governing Body of JFS and others [2009] UKSC 1
Online Published Date:  01 March 2010

Jurisdiction

Byers and others v Yacht Bull Corporation and another [2010] EWHC 133 (Ch), TLR 15 February
Online Published Date:  01 March 2010

2. The National Mediation Helpline

In contrast to the success of the Small Claims Mediation Service, Philip Hesketh, a professional mediator and a member of the National Mediation Helpline Panel, also writing in the Law Bulletin of the Association of Her Majesty’s District..
Online Published Date:  01 March 2010

SCCO masters can bite!

(1) Thomas v Butler (t/a Worthingtons Solicitors) [2009] EWHC 9015; costs lawyer 9 January p2
Online Published Date:  01 March 2010

Contributory negligence

Somnez v Kebabery Wholesale Ltd [2009] EWCA Civ 22, October 2009
Online Published Date:  01 March 2010

Reduction for lying

AXA Insurance plc and another v Sulaman [2009] EWCA Civ 1331, 11 December 2009
Online Published Date:  01 March 2010

Incorporating an arbitration clause

Habas Sinai v E Tibbi Gazlar Isthisal Endustri AS v Sometal SAL [2010] EWHC 29 (Comm), 18 January; [2010] All ER (D) 99 (Jan); NLJ 29 January p145
Online Published Date:  01 March 2010

Jackson on proportionality

Over the years three different tests have been applied to between-the-party costs – necessity, reasonableness, and proportionality, with necessity and reasonableness taking it in turn to be in the ascendant with only lip-service being paid to..
Online Published Date:  01 March 2010

Bonus sexually tainted

Gibson and others v Sheffield City Council [2010] EWCA Civ 63; SJ 16 February p3
Online Published Date:  01 March 2010

Extending time for claim

Chief Constable of Lincolnshire Police v Caston [2009] EWCA Civ 1298, TLR CA 26 January
Online Published Date:  01 March 2010

(2) Straw bales bad

Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin), TLR 9 February
Online Published Date:  01 March 2010

Landlord and tenant

Forcelux Ltd v Binnie (costs) [2009] EWCA Civ 1077; 21 October 2009
Online Published Date:  01 March 2010

Collaborative prenups

The Law Society Gazette of 21 January reported a rise in the number of clients seeking prenuptial agreements to be prepared using the collaborative law model involving a series of face-to-face meetings between the parties and their lawyers. Gillian..
Online Published Date:  01 March 2010

Missing agreement

Carey v HSBC Bank Plc and Associated cases [2009] EWHC 3417 (QB); NLJ 22 January p101
Online Published Date:  01 March 2010

Unpleaded issue

Lombard North Central plc v Automobile World (UK) Ltd [2010] EWCA Civ 20, 26 January; NLJ 5 February p178
Online Published Date:  01 March 2010

Offer as advantageous as judgment

(2) Intercontinental Brands (Holdings) Ltd (3) Incorporated Beverages (Jersey) Ltd (Costs) [2010] EWHC 172 (Pat), 2 February; SJ 9 February p29
Online Published Date:  01 March 2010

Between-the-parties costs

Baker v Rowe [2009] EWCA Civ 1162, 6 November 2009
Online Published Date:  01 March 2010

Jurisdiction

Re I (a child) [2009] UKSC 10; SJ 9 February p19
Online Published Date:  01 March 2010

(1) Barn good

Welwyn Hatfield Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26, TLR 9 February; LSG 18 February p19
Online Published Date:  01 March 2010

Jackson on the indemnity principle

The report describes the indemnity principle as a creature of the common law. That sounds rather like the Beast of Bodmin Moor, no two descriptions of which were alike. Is it a malign animal which must be destroyed at all cost, or does it in fact..
Online Published Date:  01 March 2010

Wasted cost order

Equity Solicitors v Javid [2009] EWCA Civ 535
Online Published Date:  01 March 2010

Contentious or non-contentious business?

Bilkus (respondent) v Stockler Brunton (a firm) (appellant) [2010] EWCA Civ 101, 16 February
Online Published Date:  01 March 2010

Legal representation

R (on the application of G) v The Governors of X School and Y City Council [2010] EWCA Civ 1; SJ 26 January p4; TLR 23 February
Online Published Date:  01 March 2010

Revocation of will

Court and others v Despallieres [2009] EWHC 3340 (Ch); LSG 28 January p13
Online Published Date:  01 March 2010

Ban on wearing cross not discriminatory

Eweida v British Airways plc [2010] EWCA Civ 80, TLR 18 February
Online Published Date:  01 March 2010

How many claims?

In re Ludlan (a bankrupt) ChD TLR 26 October
Online Published Date:  01 March 2010

Injunction but not possession

Secretary of State for the Environment, Food & Rural Affairs v Meier [2009] UKSC 11; SJ 8 December p4
Online Published Date:  01 March 2010

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