i-law

Litigation Letter

Duty to check will

Humblestone v Martin Tolhurst Partnership (a firm) ChD TLR 27 February
Online Published Date:  01 April 2004

Order against future trespass

Secretary of State for the Environment, Food and Rural Affairs v Drury CA TLR 15 March
Online Published Date:  01 April 2004

Concealment of fact

Williams v Fanshaw Porter & Hazlehurst (a firm) CA TLR 27 February
Online Published Date:  01 April 2004

Covert surveillance

Martin v United Kingdom ECHR TLR 26 February
Online Published Date:  01 April 2004

Divorce jurisdiction over illegal resident

Mark v Mark CA TLR 27 February
Online Published Date:  01 April 2004

Dealing with human rights

In re V (a child) (care proceedings: human rights claims) CA TLR 17 February
Online Published Date:  01 April 2004

Ancillary relief costs

C v C (costs: ancillary relief) [2004] 1 FLR 291; NU 27 February
Online Published Date:  01 April 2004

Lump sum after remarriage

K (formerly G) v G FD TLR 13 February
Online Published Date:  01 April 2004

5.00pm closure

In last month’s issue we suggested that the reason why judges on the South East Circuit are discouraged from sitting after 5.00pm might be to avoid paying overtime to court staff and security services. A more sinister explanation has now been..
Online Published Date:  01 April 2004

Legal advice privilege

Three Rivers District Council and others v Governor and Company of the Bank of England (No 6) CA TLR 3 March
Online Published Date:  01 April 2004

Sleeping ET member

Stansby v Datapulse plc and another CA TLR 28 January
Online Published Date:  01 April 2004

Compensation for whistle-blowers

Virgo Fidelis Senior School v Boyle EAT TLR 26 February
Online Published Date:  01 April 2004

Effective date of dismissal

Fitzgerald v University of Kent at Canterbury CA TLR 4 March
Online Published Date:  01 April 2004

Calculating one year of service

Harper v Virgin Net Ltd CA TLR 16 March
Online Published Date:  01 April 2004

Compensation for injured feelings

Dunnachie v Kingston upon Hull City Council CA LSG 11 March
Online Published Date:  01 April 2004

Unlawful detention by police

R (Laporte) v Chief Constable of Gloucestershire Constabulary QB Div Ct TLR 26 February
Online Published Date:  01 April 2004

Holiday illness

Giambrone and others v JMC Holidays Ltd (formerly Sun World Holidays Ltd) CA TLR 18 February
Online Published Date:  01 April 2004

Liability for bad advice

Lennon v Commissioner of Police of the Metropolis CA TLR 25 February
Online Published Date:  01 April 2004

Caps and estimates

Writing in the Law Society’s Gazette of 5 February, District Judge Peter Jolly considered s6 of the CPR Cost Practice Direction in the light of recent decisions in the Court of Appeal and Queen’s Bench Division. Paragraph 6.6 provides..
Online Published Date:  01 April 2004

Reasons for costs orders

Lavelle v Lavelle and others CA TLR 9 March
Online Published Date:  01 April 2004

Dual Part 36 offer

Mamidoil-Jetoil and another v Okta [2002] EWHC 2462 (Comm); [2003] 1 Lloyd’s Rep 42
Online Published Date:  01 April 2004

75% success fee

Wells v Sussex Ambulance Services SCCO 10 September 2003
Online Published Date:  01 April 2004

Enhanced interest

R v Bryn Alyn Community (Holdings) Ltd [2003] EWCA Civ 383
Online Published Date:  01 April 2004

Pre-action misconduct

McMinn v McMinn [2003] 2 FLR 839
Online Published Date:  01 April 2004

Costs capping

Smart v East Cheshire NHS Trust [2003] EWHC 2806
Online Published Date:  01 April 2004

What is a ‘material breach’?

Myler and Mirror Group v Williams [2003] EWHC 1587
Online Published Date:  01 April 2004

Indemnity appeal costs

Virani v Manuel Revert [2003] CA LTL 18 July
Online Published Date:  01 April 2004

Rudeness no bar to costs

Lawal v Northern Spirit [2004] EWCA Civ 208
Online Published Date:  01 April 2004

’Predictability and Budgeting’

Professor John Peyser has written a comprehensive and erudite article on ‘Predictability and Budgeting’ in the Civil Justice Quarterly for January which the Civil Justice Council has placed on its website at:..
Online Published Date:  01 April 2004

TAG cases settled

Sharratt v London Central Bus Company and other cases SCCO 16 February
Online Published Date:  01 April 2004

Effect of Part 36 payment on interest

William John Henry Johnson v Gore Wood & Co [2004] EWCA Civ 14
Online Published Date:  01 April 2004

Misleading conduct

Michael Douglas and others v Hello! Ltd and others [2004] EWHC 63 (Ch)
Online Published Date:  01 April 2004

CFA notices

The 34th update of the Civil Procedure Rules amends paragraph 19.4 (3) of the Costs Practice Direction with effect from 1 April to require that the information that must be given when disclosing details of a funding arrangement must include the..
Online Published Date:  01 April 2004

Predictable insurance premiums

CPR rule 45.10(2) (b), providing for the recoverability of the amount of an insurance premium under the RTA predictable costs recovery procedure, overlooked that membership organisations may recover as part of the costs of the case a sum that..
Online Published Date:  01 April 2004

CFA glitch

Ghannouchi v Houni Ltd and others SCCO 16 December; LSG 11 March
Online Published Date:  01 April 2004

Solicitor and client cap

Lynch v Paul Davidson Taylor (a firm) [2004] EWHC 89 (QB)
Online Published Date:  01 April 2004

The Principles of Glorious Sharia’a

Shamil Bank of Bahrain EC v Beximco Pharmaceuticals Ltd and others CA TLR 3 February
Online Published Date:  01 April 2004

Disclosure of documents

BNP Paribas v Deloitte & Touche [2003] EWHC 2874 (Comm); [2004] 1 Lloyd’s Rep 233
Online Published Date:  01 April 2004

Wasting their Lordships’ weekends

Yell Ltd v Garton CA TLR 26 February
Online Published Date:  01 April 2004

Green light for nuisance litigation

We are grateful to Marjorie Holmes and Paula Lennon of Davies Arnold Cooper for this item. They acted for the second, third and fourth defendants as well as the third, fifth, eighth and 10th Part 20 defendants in Arkin v Borchard Lines (No 2)..
Online Published Date:  01 April 2004

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