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Delay
Braunstein v Mostazafan & Janbazan Foundation (CLW 13 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Removal from the Record
Miller v Allied Sainif (UK) Ltd (TLR 31 October Ch D)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Bankruptcy as Statutory Tenant
Cadogan Estates Ltd v McMahon (TLR 1 November H of L; NLJ 3 November p1625)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
A Judicial Exchange
District Judge: My screen on the monitor has gone funny. The top has got a bit elongated and the bottom has got squashed up and is wobbling. The top half of the screen has also gone grey!
Circuit Judge: The last time I saw that was this morning,..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Commissioner for Judicial Appointments
Recruitment consultants have been engaged by the Lord Chancellor’s Department to find a non-lawyer to be appointed as the First Commissioner for Judicial Appointments. The person being sought for the post of First Commissioner will have a..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Court Video Link
The judge was in Cardiff, the parties were in London and the hearing was by video link. The claimant and the defendant were each represented by London solicitors and as London was the central point for all parties involved the video link saved time..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Contribution from Participators in Fraud
Morris v Banque Arabe et Internationale D’lnvestissment SA (No 2) (TLR 18 October Ch D)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Liquidators Litigation Costs
Lewis v Inland Revenue Commissioners and others (TLR 15 November CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Restitution on Cheques Drawn After Winding-Up Order
Hollicourt (Contracts) Ltd v Bank of Ireland (TLR 1 November CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Undefined
Tuppen and another v Microsoft Corporation Ltd and another (TLR 15 November QBD)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Undue Influence
National Westminster Bank plc v Leggatt and another (TLR 16 November CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Getting Round O’Brien
Alliance and Leicester plc v Slayford and another (NLJ 27 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Pension-Sharing
The new remedy
On 1 December the Welfare Reform and Pensions Act 1999 introduced the new financial remedy on divorce of pension-sharing by adding a new s21 A to the Matrimonial Causes Act 1973 as follows: ‘A pension-sharing order is an order..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Contact with Violent Father
Re E-S (Children) (CLW 27 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
No Contact with Violent Father
Re M and B (Children) (CLW 27 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Appeal Out of Time
Nandu v Nandu (CLW 3 November CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Maintenance Pending Suit Includes Costs
A v A (Maintenance Pending Suit: Provision for Legal Fees) (LSG 16 November FD)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Child Support
The Child Support, Pensions and Social Security Act 2000 (Commencement No 3) Order 2000 made on 7 November brings into force from 1 January 2001 provisions in the Child Support, Pensions and Social Security Act 2000 concerning the introduction of a..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Removing Child from Jurisdiction
Re C (Leave to Remove From Jurisdiction) ([2000] 2 FLR 457 CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Concurrent Planning
Re R (Child of Teenage Mother) ([2000] 2 FLR 660 FD)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Five-Day Mouth Swab Paternity Test
Cellmark Diagnostics now offer routine DNA testing by mouth swab samples in five working days. The test involves rubbing a foam swab around the inside of the mouths of the mother, the alleged father and the child. They are analysed using STR (short..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Ancillary Relief Appeals
Cooper v Kaur (The Independent 18 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Ex Parte Orders
In Re S (A Child) (ex parte Orders) (TLR 2 November FD)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Attendance of Lawyers at Experts’ Meeting
The Clinical Disputes Forum has changed its mind about the desirability of the presence of lawyers at meetings of experts. The original draft guidelines recommended that normally lawyers should not be present whilst the revised guidelines now..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Animated Reconstruction
Aims Solutions, a high-tech company affiliated to Nottingham University is able to create animated sequences showing reconstruction of accidents similar to those regularly used in the US courts. The animation technology is similar to that shown in..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Litigant in Person
Atkinson v McKintosh (CLW 20 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Contributory Negligence
Standard Chartered Bank v Pakistan National Shipping Corporation and others (No 2) (TLR 3 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Holiday Safety Standards
Codd v Thomson Tour Operations Ltd (TLR 20 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Breach of Contract
Panatown Ltd v Mcalpine Construction Ltd [2000] 4 All ER 97
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Interim Payment
Harmon Cfem Façade (UK) Ltd (In Voluntary Liquidation) v Corporate Officer of the House of Commons (TLR 15 November QBD)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Accident Assist
Claims Direct are not only seeking to enlarge their panel of solicitors specialising in Pl, they are also offering funding up front of up to £1,500 to the clients of non-panel solicitors who take out a Claims Direct policy. The funding is..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Work Load Down
The latest judicial statistics show there has been a steady decrease in the volume of county court claims which peaked at 3,311,257 in 1990 and reduced to 2,000,337 in 1999, the year in which the Civil Procedure Rules were introduced, a dramatic..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Bulk Issue
Solicitors, finance houses, banks, water companies and other claimants using the Court Services Bulk Centre in Northampton are now able to send requests for claims, judgments and warrants by electronic transfer. The Centre processes over half of..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Costs of Abandoned Issues
Shirley v Caswell (The Independent 24 July CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Assessment of Assisted Party’s Liability
Patel v Mandalia (CLW 6 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
High Success Fees and Unnecessary Insurance
The Forum of Insurance Lawyers (FOIL) complains that success fees in personal injury conditional fee agreements are too high and that after-the-event insurance premiums are being paid unnecessarily. They argue that while the average success fee..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
State Funding
The Legal Services Commission have issued a Consultation Paper on its proposals for the introduction of contracting all civil certificated work from 1 April 2001. It proposes that (a) family; (b) immigration; (c) personal injury, and (d) clinical..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Family Proceedings Practice Direction
Practice Direction (Family Proceedings: Application and Costs) ([1999] 1 WLR 128 applied Practice Direction (Civil Litigation: Procedure) ([1999] 1 WLR 1124) about costs supplementing Parts 43 to 48 of the Civil Procedure Rules to Family..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Part 36 Payments and Offers
CPR rule 36.20 provides that where a claimant at trial fails to better a Part 36 payment or to obtain a judgment which is more advantageous than the defendant’s Part 36 offer the court, unless it considers it unjust to do so, will order the..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Permission for Two Counsel
The Legal Aid in Criminal and Care Proceedings (General) (Amendment) (No 5) Regulations 2000 which came into force on 18 October amended Regulation 48 of the Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 to permit the..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Application for Wasted Costs Against LSC
Stein v Blake (No 3) (TLR 31 October Ch D)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Interest
The Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No 4) Order 2000 brought into force on 9 October the Late Payment of Commercial Debts (Interest) Act 1998 for the purposes of the second phase, that is, in relation to..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Solicitor’s Threat to Counsel
Hampshire CC v Gillingham (No 2) (CLW 13 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Amalgamation?
The Lord Chancellor has commissioned a study to consider fusing the work currently done by the Commercial Court, the Admiralty Court, the Technology and Construction Court, the Patents Court and the Company Court. The Lord Chancellor’s..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Wigs Stay On
The result of a poll conducted by the chairman of the Bar showed a majority of barristers in favour of the continuing the wig-wearing tradition. Strongest support came from the criminal bar and women, whilst the least enthusiastic for retention..
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Setting Aside Permission to Appeal
Hunt v Peasgood (TLR 20 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
New Evidence
Banks v Cox (CLW 20 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
Route in Contempt Cases
Hampshire CC v Gillingham (No 2) (CLW 13 October CA)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000
NEED VERSUS ENTITLEMENT
White v White (TLR 31 October H of L)
Online Published Date:
01 December 2000
Appeared in issue:
Volume 19 No. 10 - 01 December 2000