- Home/Publications/Litigation Letter
Revising the budget
In an article “Making it all add up” in the New Law Journal of 11 October, Costs Judge John O’Hare provided practical advice on revising a costs management budget.
He observed that costs management budgets are not costs caps;..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Tough talk and tough action
In the New Law Journal of 20 September, Mark James of Temple Gardens Chambers considered the decision in Elvanite (Litigation Letter October p. 88) and concluded that under the new regime, at the post-judgment/settlement stage, the courts will not..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Liquidator not “data controller” of its records
In re Southern Pacific Personal Loans Ltd Oakley Smith and another v Information Commissioner ChD TLR 10 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Proportionality
Willis v MRJ Rundell and Associates Ltd and another [2013] EWHC 2923 (TCC); NLJ 10 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Draconian budget sanction
Mitchell v News Group Newspapers [2013] EWHC 2355 (QB); NLJ 20 September; Litigation Funding October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
2. Conflict of laws
Schlecker (trading as Firma Anton Schlecker) v Boedeker C-64/12 [2013] All ER (D) 23 (Oct); NLJ 11 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Begging letters
A solicitor advising a client who had made a much publicised fortune on a property transaction expressed his concern about begging letters. The client responded, “That’s no problem, I shall continue to write..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
3. Employment – illness
European Commission v Strack C-579/12 [2013] All ER (D) 203 (Sep); NLJ 4 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
5. Insolvency – Debtor subject to insolvency proceedings
Van Buggenhout and another v Banque Internationale a Luxembourg SA C-251/12, 19 September 2013; NLJ 11 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
QOCS for libel
The Ministry of Justice (MoJ) has announced that judges can apply one-way costs shifting to defamation cases from April 2014.
The MoJ said that implementation of the reform would coincide with an end to recoverability of conditional fee insurance..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Child residence jurisdiction
A v A and another (Children: Habitual Residence) SC TLR 15 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
4. Employment – employer not bound by agreement
Alemo-Herron v Parkwood Leisure Ltd (C-426/11) EU Court of Justice (Third Chamber) TLR 2 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Judicial appointment
..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
New justice minister
A former city solicitor was appointed justice minister in David Cameron’s recent cabinet reshuffle.
Shailesh Vara, MP for North West Cambridge, replaces Helen Grant, who has been moved sideways to the Department for Culture, Media and Sport..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Court statistics
Civil
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Colour relevant to infringement
Specsavers International Healthcare Ltd and others v Asda Stores Ltd; EU Court of Justice (Case C-252/12); TLR 1 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Unfair dismissal compensation
..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Signposting to LeO
A new “signposting” pack helps practitioners to meet the requirements to signpost clients to the Legal Ombudsman. There is a requirement under section 112 of the Legal Services Act and Chapter 3.2 of the Scheme Rules to inform customers..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Admissibility of expert evidence reviewed
Rogers and another v Hoyle [2013] EWHC 1409 (QB), [2013] All ER (D) 21 (Sep); Queen’s Bench Division, Leggatt J, 25 May 2013; NLJ 13 September
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Payment on account
Fenty and others v Arcadia Group and another: Chancery Division: 25 September 2013; LSG 30 September
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Offshore assets – the corporate veil
M v M and others [2013] EWHC 2534 (Fam), [2013] All ER (D) 133 (Aug); NLJ 11 October Robert Hines
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
6. Trademarks
Martin Y Paz Diffusion SA v Depuydt and another C-661/11 [2013] All ER (D) 208 (Sep); 4 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Compensation
Bates v Cumbria County Council and another LSG 2 September
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Small claims increase
In an article ‘Branching out’ in the New Law Journal of 11 October David Marshall wrote:
“The small claims track limit for non-personal injury and housing claims has risen which will reduce the number of cases where legal costs..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Demise of the single joint expert?
New Law Journal 18 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Baker v Hallam Estates Ltd and another [2013] EWHC 2668 (QB), [2013] All ER (D) 40 (Sep)
Baker v Hallam Estates Ltd and another [2013] EWHC 2668 (QB), [2013] All ER (D) 40 (Sep)
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Summary judgment
Sargespace Ltd v Eustace [2013] EWHC 2944 (QB), [2013] All ER (D) 26 (Oct); NLJ TLR 11 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Provisional assessment
CPR 47(5) was amended on 1 October to provide as follows: “In proceedings which do not go beyond provisional assessment, the maximum amount the court will award to any party as costs of the assessment (other than the costs of drafting the bill..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
CHAPS
Tidal Energy Ltd v Bank of Scotland plc [2013] EWHC 2780 (QB), [2013] All ER (D) 214 (Sep); NLJ 4 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Denial
London Steam Ship Owners Mutual Insurance Association Ltd v Kingdom of Spain [2013] EWHC 2840 (Comm), [2013] All ER (D) 196 (Sep); NLJ 4 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Medical practitioner
Malik v General Medical Council [2013] All ER (D) 24 (Oct), [2013] EWHC 2902 (Admin); NLJ 11 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
By third parties
There were two helpful articles about third party funding in the Solicitors Journal, each containing a summary of factors to be considered. First was Kerry Underwood on 17 September in which he suggested that third party funders could help smaller..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Particulars of claim
Credit Suisse AG v Arabian Aircraft and Equipment Leasing Co EC and others [2013] All ER (D) 27 (Oct), [2013] EWCA Civ 1169; NLJ 11 October
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013
Intellectual Property Enterprise Court
On 1 October, the Crime and Courts Act 2013 abolished the Patents County Court and replaced it with the Intellectual Property Enterprise Court as a free-standing specialist list in the Chancery Division with extended jurisdiction over all..
Online Published Date:
01 November 2013
Appeared in issue:
Volume 32 No. 9 - 29 October 2013