i-law

Litigation Letter

Construction

Harrison and another v Gibson and others ChD TLR 25 January
Online Published Date:  01 April 2006

Nationwide

Guidelines A staged nationwide rollout of the telephone hearings scheme commenced on 1 April. A pilot scheme has been running at Newcastle Combined Court Centre since September 2003 and at Luton and Bedford County Courts since February 2004. The..
Online Published Date:  01 April 2006

Reinstatement

Gaydamak v UBS Bahamas Ltd [2006] UKPC 8; NLJ 10 March
Online Published Date:  01 April 2006

‘Ere wigo again

The president of the Law Society, Kevin Martin, and the Solicitors Association of Higher Court Advocates have reopened the debate over advocates’ wigs, claiming that solicitors are treated as second class citizens because they wear a..
Online Published Date:  01 April 2006

Restrictive covenant

Allan Janes LLP v Johal [2006] EWHC 286 (Ch); NLJ 3 March
Online Published Date:  01 April 2006

Address for service

Fairmays (a firm) v Palmer [2006] EWHC 96 (Ch); SJ 24 February
Online Published Date:  01 April 2006

By fax

Kuenyehia and others v International Hospitals Group Ltd CA TLR 17 February
Online Published Date:  01 April 2006

In the European communities

Plumex v Young Sports NV ECJ KC-473/04; TLR 22 February
Online Published Date:  01 April 2006

Rules demystification

The Civil and Family Procedure Rule Committees are in future to conclude with a question-and-answer session in which members of the public can participate. Announcing the innovation, the Department for Constitutional Affairs said that open meetings..
Online Published Date:  01 April 2006

Partial waiver

Fulham Leisure Holdings Ltd v Nicholson Graham and Jones (a firm) ChD TLR 23 February
Online Published Date:  01 April 2006

UK v Strasbourg

Kay and others v Lambeth London Borough Council and another; Leeds City Council v Price and others [2005] 3 All ER 71; HL TLR 10 March
Online Published Date:  01 April 2006

Hypothetical question

Cohen v Kingsley Napley (a firm) and another CA LSG 2 March
Online Published Date:  01 April 2006

Meaning of ‘knowledge’

Haward and others v Fawcetts (a firm) and another HL TLR 3 March; SJ 10 March
Online Published Date:  01 April 2006

Recusal

AWG Group Ltd v Morrison [2006] All ER (D) 139 (Jan)
Online Published Date:  01 April 2006

European enforcement

In the Law Society’s Gazette of 23 February, District Judge Angela Marston provided a beginner’s guide to obtaining and executing a European enforcement order. The European enforcement order (EEO) has been an option for judgment..
Online Published Date:  01 April 2006

No case to answer

Graham v Chorley Borough Council [2006] All ER (D) 288 (Feb); NLJ 10 March
Online Published Date:  01 April 2006

Setting aside own judgment

Messer Griesheim GmbH v Goyal MG Gases PVP Ltd QBD TLR 14 February
Online Published Date:  01 April 2006

Third-party debt order

FG Hemisphere Associates, LLC v Republic of Congo QBD TLR 27 February
Online Published Date:  01 April 2006

CSA – good money after bad?

John Hutton, the Work and Pension Secretary, has announced that the child support system in the UK is to be completely redesigned. He has found little evidence to suggest that outcomes under the CSA are any better than under the court system it..
Online Published Date:  01 April 2006

Transparency

‘There is undoubtedly a need to make the family justice system more transparent, if only because it has been on the receiving end of a lot of largely unjustified criticism. In a number of cases, the courts are unable to defend or correct..
Online Published Date:  01 April 2006

Witness summonses

Tajik Aluminium Plant v Hydro Aluminium AS [2005] EWCA Civ 1218
Online Published Date:  01 April 2006

Hearsay in contempt proceedings

Daltel Europe Ltd (in liquidation) and others v Makki and others CA TLR 8 March; SJ 10 March
Online Published Date:  01 April 2006

Immunity for honest expert

Meadow v General Medical Council QBD (Admin) TLR 22 February; SJ 10 March
Online Published Date:  01 April 2006

Continuity

Prater v Cornwall County Council [2006] EWCA Civ 102; NLJ 3 March
Online Published Date:  01 April 2006

Occupier’s liability

Keown v Coventry Health Care NHS Trust [2006] All ER (D) 27 (Feb); NLJ 24 February
Online Published Date:  01 April 2006

Limitation

Adam v Ali CA TLR 6 March; SJ 3 March
Online Published Date:  01 April 2006

Assignment of CFA

Jenkins v Young Brothers Transport Ltd [2006] All ER (D) 270 (Feb); NLJ 10 March
Online Published Date:  01 April 2006

CFA backdated but not retrospective

Holmes v Alfred McAlpine Homes (Yorkshire) Ltd [2006] EWHC 110 (QB); SJ 3 March
Online Published Date:  01 April 2006

Minimum charging rates

In Italy, compulsory minimum and maximum rates for lawyers’ fees are fixed, with the scales being set every two years by the National Council of the Bar and approved by the Justice Minister. The Advocate-General of the European Court of..
Online Published Date:  01 April 2006

Failure to pay costs of previous action

Investment Invoice Financing Ltd v Limehouse Board Mills Ltd CA TLR 23 January
Online Published Date:  01 April 2006

Acceptance of offer

Hawley v Luminar Leisure plc and others CA TLR 14 February
Online Published Date:  01 April 2006

Refusal to enforce

Kanoria and others v Guinness and another CA TLR 28 February
Online Published Date:  01 April 2006

Fixed Costs and the indemnity principle

Nizami and another v Butt QBD LSG 2 March; NLJ 17 February
Online Published Date:  01 April 2006

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