i-law

Litigation Letter

Alternative dispute resolution

ADS Aerospace Ltd v EMS Global Tracking Ltd [2012] EWHC 2904 (TCC), [2012] All ER (D) 235 October
Online Published Date:  04 December 2012

No order for security for costs against spouse

Chilab v King’s College London and another CA TLR 8 November
Online Published Date:  04 December 2012

Effect of split trial

Beasley (by Cadell Beasley as litigation friend) v Alexander QBD TLR 2 November
Online Published Date:  04 December 2012

No bias or partiality

Hadi v A-Z Law Solicitors [2012] EWCA Civ 143; Solicitors Journal 20 November
Online Published Date:  04 December 2012

Court of protection

NHS Trust v D (by his litigation friend, the official solicitor) [2012] EWHC 886 (Court of Protection), [2012] All ER (D) 171 (Apr); NLJ 16 November
Online Published Date:  04 December 2012

‘Basis of contract’ clauses and warranties

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2012] EWHC 3105 (TCC), [2012] All ER (D) 150 (Nov)
Online Published Date:  04 December 2012

Jurisdiction

JSC BTA Bank v Ablyazov and others [2012] EWCA Civ 1411, [2012] All ER (D) 66 (Nov); NLJ 16 November
Online Published Date:  04 December 2012

Xmas Crackers

The other day my house caught fire. My solicitor said, ‘Shouldn’t be a problem. What kind of coverage do you have?’ I said, ‘Fire and theft.’ The solicitor frowned. ‘Uh oh. Wrong kind. Should be fire OR..
Online Published Date:  04 December 2012

WHIPLASH

A report by the Association of Personal Injury Lawyers (APIL), the Whiplash Report, states that nearly 40% of whiplash sufferers do not claim compensation, Of 4,000 people surveyed by APIL, 1% (51 people) had suffered a whiplash injury in the past..
Online Published Date:  04 December 2012

Conversion from administration to voluntary liquidation

Cartwright and another v Registrar of Companies CA TLR 19 November
Online Published Date:  04 December 2012

State control approved

Senior-Milne v Secretary of State for Justice [2012] EWHC 3062 (Admin), [2012] All ER (D) 173 (Nov); 23 NLJ 23 November
Online Published Date:  04 December 2012

Christmas Caveat Emptor

On a Christmas pudding: Product will be hot after heating. On the bottom of a box: Do not turn upside down. On a string of Chinese Christmas lights: For indoor or outdoor use only. On a child’s Superman costume: Wearing of this garment..
Online Published Date:  04 December 2012

Celebrity Quotes

There are three sorts of lawyers - able, unable and lamentable. - Robert Smith Surtees (But what about ‘loveable’? –Ed) ‘All in all I’d rather have been a judge than a miner. And what’s more, being a miner, as..
Online Published Date:  04 December 2012

Deaths in service

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same CA TLR 20 November
Online Published Date:  04 December 2012

Tribunal can assess paid leave entitlement

British Airways plc v Williams and others SC TLR 2 November
Online Published Date:  04 December 2012

Enforcement of foreign order

Rubin and another v Eurofinance SA and others, Picard and others intervening; In re New Cap Reinsurance Corporation Ltd SC TLR 9 November
Online Published Date:  04 December 2012

Conspiracy

Stevenson and another v Singh and others [2012] EWHC 2880 (QB), [2012] All ER (D) 76 (Nov); NLJ 16 November
Online Published Date:  04 December 2012

Message from Lord Chief Justice Igor Judge:

In view of public speculation, I have decided to announce that I will continue in office until the end of September 2013, and then retire. I shall be committing myself to every aspect of the role until then. I have written to the Lord Chancellor..
Online Published Date:  04 December 2012

RTA Portal Fees to be Cut

The Justice Minister, Helen Grant, has written to lawyers’ groups and industry bodies stating the government’s intention to cut RTA portal fees from £1,200 to £500,The proposed fee for the new category of RTA cases worth..
Online Published Date:  04 December 2012

Period should be sufficiently foreseeable

BCL Old Co Ltd and others v BASF SE and others (No 2) SC TLR 7 November
Online Published Date:  04 December 2012

Effect on other parties

Ansari v Knowles and others [2012] EWHC 3137 (QB), [2012] All ER (D) 117 (Nov); NLJ 16 November
Online Published Date:  04 December 2012

Public law error and private law claim

Charles Terence Estates Ltd v Cornwall Council [2012] EWCA Civ 1439, [2012] All ER (D) 147 (Nov); NLJ 23 November
Online Published Date:  04 December 2012

Libel damages

Cairns v Modi; KC v MGN Ltd CA 31 October 2012; LSG 15 November
Online Published Date:  04 December 2012

No Costs Council!

Despite the recommendations of Lord Jackson to set up a new Costs Council as an independent body to deal with costs issues including setting hourly rates each year, reviewing fixed cost levels etc, the Government has decided that setting the..
Online Published Date:  04 December 2012

Ministry of Justice update of the Civil Justice Reforms

Published on 30 October 2012 and updated 20 November 2012
Online Published Date:  04 December 2012

Equal pay claim in civil court

Birmingham City Council v Abdulla and others [2012] UKSC 47; NLJ 2 November
Online Published Date:  04 December 2012

Dealing with crucial issues in pectore

Petrochemical Industries Company (KSC) v Dow Chemical Company [2012] EWHC 2739 (Comm), [2012] All ER (D) 83 (Nov); NLJ 16 November
Online Published Date:  04 December 2012

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