i-law

Litigation Letter

‘Devoid of merit’ test

Thakerar v Lynch Hall & Hornby (a firm) ChD TLR 30 November
Online Published Date:  01 February 2006

Liability for incorrect name

AMB General Holding AG v Manches and others CA TLR 1 December
Online Published Date:  01 February 2006

Compensation claims for inadequate services

From 1 January, the Solicitors (Compensation for Inadequate Professional Services) Order 2005 (SI 2005 2749) has been amended to increase the amount the Law Society can order a solicitor to pay for inadequate services from £5,000 to..
Online Published Date:  01 February 2006

By fax

Asia Pacific (HK) Ltd and others v Hanjin Shipping Co Ltd and another QBD (Comm) LSG 1 December
Online Published Date:  01 February 2006

Effect of insolvency

Financial Services Compensation Scheme Ltd v Larnell (Insurances) Ltd (in creditors’ voluntary liquidation) [2005] EWCA Civ 1408; SJ 9 December
Online Published Date:  01 February 2006

State immunity

Grovit v De Nederlandsche Bank and others [2005] EWHC 2944 (QB)
Online Published Date:  01 February 2006

Judge in Charge of the Commercial List

Mr Justice Aikens’ term of appointment as Judge in Charge of the Commercial List has been extended until 31 May 2006. He will be succeeded as Judge in Charge of the Commercial List (on 1 June 2006) by Mr Justice Steel who will also continue..
Online Published Date:  01 February 2006

Setting aside default judgment

Hussain v Birmingham City Council CA SJ 9 December
Online Published Date:  01 February 2006

Third party debt order

Lynch Hall & Hornby (a firm) v Thakerar (2) ChD TLR 9 January
Online Published Date:  01 February 2006

Duty to take full note

Cinpres Gas Injection Ltd v Melea Ltd ChD TLR 21 December
Online Published Date:  01 February 2006

Civil and family fee increases

From 10 January the Civil Proceedings Fees (Amendment) Order 2005 (SI 2005 No 3445) substituted a new schedule of fees payable in civil proceedings in the Civil Proceedings Fees Order 2004 (SI 2004 No 3121). The Order also provides that for the..
Online Published Date:  01 February 2006

Legal fees in maintenance pending suit

Moses-Taiga v Taiga [2005] EWCA Civ 1013; [2005] All ER (D) 57 (Jul); NLJ 16 December
Online Published Date:  01 February 2006

Tax help wanted

Under the current tax rules on asset transfers between husband and wife or between civil partners when they separate or divorce, the parties are able to transfer assets between them without crystallising any tax liability, provided that they are..
Online Published Date:  01 February 2006

Child protection in Criminal Court

Regina v D (sexual offences prevention order) CA TLR 3 January
Online Published Date:  01 February 2006

Communication of information relating to proceedings

The Family Proceedings (Amendment No 4) Rules 2005 (SI 2005 No 1976) introduced a new rule 10.20A relating to disclosure of information in children proceedings for the purposes of the law relating to contempt of court (whether or not contained in a..
Online Published Date:  01 February 2006

Domestic violence and contact

In re H (a child) [2005] EWCA Civ 1404
Online Published Date:  01 February 2006

Allegations of fraud

Kearsley v Klarfeld CA LSG 12 January
Online Published Date:  01 February 2006

Motorist’s duty to pedestrians

Goundry (a child) (proceeding by her father and litigation friend) v Hepworth CA SJ 9 December
Online Published Date:  01 February 2006

Withdrawal of admissions

Sowerby v Charlton CA TLR 5 January
Online Published Date:  01 February 2006

Joint settlement meetings

Jackson v Ministry of Defence CA LTL 12 January
Online Published Date:  01 February 2006

Pre-action offer

Brown v MCASSO Music Productions [2005] EWCA Civ 1546; LTL 12 January
Online Published Date:  01 February 2006

Indemnity costs against local authority

Terry v Tower Hamlets LBC QBD RCJ 15 December
Online Published Date:  01 February 2006

Order against non-party – 2

BE Studios Ltd v Smith & Williamson Ltd [2005] All ER (D) 33 (Dec); ChD TLR 16 December
Online Published Date:  01 February 2006

Order against non-party – 1

Petroleo Brasileiro SA and another v Petromec Inc and others [2005] EWHC 2430 (Comm)
Online Published Date:  01 February 2006

Defamation

Miller v Associated Newspapers Ltd [2005] EWHC 773 (QB); LSG 5 January
Online Published Date:  01 February 2006

Amending points of dispute

Rye v The Liquidator of Ashfield Nominees SCCO No 19 of 2005
Online Published Date:  01 February 2006

Costs-capping – 2

Henry v BBC QBD LSG 5 January
Online Published Date:  01 February 2006

Costs-capping – 1

Sheppard v Essex Strategic Health Authority SCCO No 21 of 2005
Online Published Date:  01 February 2006

Cutting out the middle man?

In Agassi v Inland Revenue (25/LL p1) the senior costs judge said that Mr Agassi’s costs in his litigation with the Revenue would have been three times higher if a solicitor had been instructed instead of counsel being instructed direct. Now..
Online Published Date:  01 February 2006

Possibility of bias

ASM Shipping Ltd of India v TTMI Ltd of England QBD (Comm) 19 October
Online Published Date:  01 February 2006

Fresh evidence

Riyad Bank SAL and others v Ahli United Bank (UK) plc CA TLR 16 December
Online Published Date:  01 February 2006

Privilege in mediation

Hall and another v Pertemps Group Ltd and another ChD TLR 23 December
Online Published Date:  01 February 2006

Proportionality, success fees, backdating and hourly rates

King v Telegraph Group Ltd QBD SCCO Ref: PTH 0408205 & 0408206
Online Published Date:  01 February 2006

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