i-law.com - Newsletter (Litigation Letter)

In a consultation paper, The Use of Experts: Quality, Price and Procedures in Publicly Funded Cases, the Legal Services Commission has set out its proposals to control and reduce payments to expert witnesses, which in the past year amounted to..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Ancillary relief reform

In its response to the consultation paper Costs in Ancillary Relief Proceedings and Appeals in Family Procceedings (23/LL p117), the Association of Law Costs Draftsmen expressed its concern that there should be a position whereby a party can..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Going (more) public

In its paper, Disclosure of Information in Family Proceedings Cases Involving Children, the Department for Constitutional Affairs proposes that certain specified people, such as social workers, charities, MPs and peers, should be allowed to reveal..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

e-disclosure

In a two-page article in the Solicitors’ Journal of 10 December, Michael Frisby and Sarah Colbran considered how firms of solicitors should handle disclosure of electronically stored files in the light of CPR Part 31 and the Cresswell Report,..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Assessing credibility of witnesses

EPI Environmental Technologies Inc and another v Symphony Plastic Technologies plc and another ChD TLR 14 January

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

‘Without prejudice’

Schering Corporation v Cipla Ltd and another ChD TLR 2 December

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Mitigation of damages

Nail v News Group Newspapers Ltd and others CA TLR 6 January

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Bank’s duty of care under freezing order

Customs and Excise Commissioners v Barclays Bank plc [2004] EWCA Civ 155

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Unlawful detention by police

R (Laporte) v Chief Constable of Gloucestershire Constabulary CA TLR 13 December

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Log on to fill in

From 17 January the users of nine county courts in England and Wales can log on to complete application forms and pay fees in the county court. Basildon, Birmingham, Bournemouth, Coventry, Dartford, Leicester, Llangefni, Norwich and Preston County..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Claimant did not beat his Part 36 offer

Reed v Edmed QBD TLR 13 December

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Additional liability recovery

We have received the following letter from Professor John Peysner of the Civil Justice Centre for Legal Research Nottingham Law School. ‘The reporting of my remarks at the IBA in your December issue suggests that Senior Cost Judge Peter Hurst..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

CAB v CFA

In a report, No Win, No Fee, No Chance, Citizens Advice lambasts the conditional fee system as failing consumers by giving rise to unscrupulous practices. Based on reports from 224 Citizens Advice Bureaux between January 2002 and September 2004 the..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Success fees revisited

Atack v Lee and another; Ellerton v Harris CA TLR 28 December; NLJ 7 January

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

700 TAG writs

Following the decision of the Court of Appeal last May that the £310 referral fees paid by solicitors in each case under The Accident Group scheme were unlawful and therefore not recoverable, the insurance underwriters have instructed..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Norwich or London rates?

Gazley (David) v (1) Wade (Rebekah) (2) News Group Newspapers Ltd [2004] EWHC 2675 (QB)

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Assessment after 12 months

Kundrath (Silvia) v Harry Kwatia & Gooding [2004] EWHC 2852 (QB)

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Counsel’s fees

The table below sets out figures based on Supreme Court Costs Office statistics dealing with ‘run of the mill’ proceedings in the Queen’s Bench and Chancery Division and in the Administrative Court. The table gives figures for..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

New summary assessment rates

The Supreme Court Costs Office has published new guideline figures from January 2005 calculated by adding 5% to the previous figures. Here they are: Band one A B C D Guideline rates 184 163 137 100 Aldershot, Farnham, Bournemouth..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Effect of notice to withhold payment

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd CA TLR 3 January

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

In re Guardian Newspapers Ltd (court record: disclosure) ChD TLR 14 December; Seek (Chan U) v (1) Alvis Vehicles Ltd (2) Guardian Newspapers Ltd ChD Lawtel 8 December

The Guardian newspaper obtained the claimant’s skeleton argument, which it believed disclosed a significant journalistic story. The action had gone to trial in open court but settled after seven days. The Guardian applied under CPR rule..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Dian AO v David Frankel & Mead (a firm) and another [2004] EWHC 2662 (Comm)

A person making an application under CPR rule 5.4 to inspect the court file cannot search the whole court file and then identify what documents he requires. It is necessary for an applicant to identify with reasonable precision the documents or..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005

Inspecting Court records

..

Online Published Date: 01 February 2005

Appeared in issue: Volume 24 No. 2 - 01 February 2005