i-law

Litigation Letter

Out of Jurisdiction

Trustor AB v Barclays Bank plc and another (TLR 22 November Ch D)
Online Published Date:  01 January 2001

Battling Against Possession

In an article in the Law Society Gazette of 7 December, District Judge Nic Madge considered the remedies open to a tenant, or former tenant, who has been evicted. After eviction there is no power to stay or suspend a warrant future. The..
Online Published Date:  01 January 2001

Choice of Forum

OT Africa Line Ltd v Fayad Hijazy and another (TLR 28 November QBD)
Online Published Date:  01 January 2001

Identifying Choice

Handelsveem BV and others v Coreck (TLR 1 December ECJ)
Online Published Date:  01 January 2001

Disposal Hearings

The Practical Lawyer for November draws attention to the misunderstanding of many defendants that a judgment on liability will preclude them from raising on the disposal hearing causation points which could reduce the damages. It gave as examples..
Online Published Date:  01 January 2001

Ordering Sale of Foreign Property

Pollard v Ashurst (TLR 29 November CA)
Online Published Date:  01 January 2001

Is Voluntary Arrangement Determined by Winding-Up Order?

In Re Kudos Glass Ltd (In Liquidation) (TLR 30 November Ch D)
Online Published Date:  01 January 2001

Family Costs Order

Levy v Legal Services Commission (TLR 1 December CA)
Online Published Date:  01 January 2001

Evidence

‘Plea Bargaining’ by Experts
Online Published Date:  01 January 2001

The Right to Life

NHS Trust A v M NHS Trust B v H (TLR 29 November FD)
Online Published Date:  01 January 2001

Enforcement

G v United Kingdom (Minors: Right to Contact) (TLR 1 November ECJ)
Online Published Date:  01 January 2001

Absence from Hearing

Brabazon-Drenning v UK Central Council for Nursing, Midwifery and Health Visiting (Unreported 31 October QBD)
Online Published Date:  01 January 2001

Pursuing Inconsistent Cases

First National Bank plc v Walker (LSG 7 December CA)
Online Published Date:  01 January 2001

Hague Convention on the Protection of Children

The Lord Chancellor’s Department has issued a consultation paper seeking views on the ratification of an international agreement which aims to resolve international legal problems arising in legal proceedings concerning children where more..
Online Published Date:  01 January 2001

Need for Natural Mother

Re T-R & W (Children) (CLW 17 November CA)
Online Published Date:  01 January 2001

Form E

With the introduction of the Pension Sharing Rules and Regulations from 1 December all Form Es submitted to the court after that date must include the National Insurance number of the person completing the form. When using a version of the form..
Online Published Date:  01 January 2001

Maintenance Pending Suit Can Include Costs

A v A (Maintenance Pending Suit: Provision for Legal Fees) (TLR 14 November FD)
Online Published Date:  01 January 2001

Who is a Woman?

Bellinger v Bellinger (TLR 22 November FD)
Online Published Date:  01 January 2001

Functions and Responsibilities of Justices’ Clerks

Practice Note 1. A justices’ clerk is responsible for: (a) the legal advice tendered to the justices within the area; (b) the performance of any of the functions set out below by any member of his/her staff acting as legal adviser; (c)..
Online Published Date:  01 January 2001

Lifting the Corporate Veil

Mubarak v Mubarak and others (TLR 30 November FD)
Online Published Date:  01 January 2001

Setting Aside Witness Summons to Expert

Brown v Bennett (TLR 2 November Ch D)
Online Published Date:  01 January 2001

ET and BarDIRECT

The BarDIRECT scheme is being extended to enable barristers to represent clients before employment tribunals and the Employment Appeal Tribunal without being instructed by a solicitor. They can now go direct to a barrister or through a..
Online Published Date:  01 January 2001

ET Penalties Increased

In an attempt to discourage time-wasting claims in employment tribunals it is proposed that there should be a 20-fold increase in the costs that can be awarded for unreasonable or vexatious behaviour from £500 to £10,000 and that such..
Online Published Date:  01 January 2001

Bullying at Work

Waters v Metropolitan Police Commissioner ([2000] All ER (D) 1070 H of L)
Online Published Date:  01 January 2001

‘Heads I Win, Tails You Lose’ Contract

Giraud UK Ltd v Smith (2000) IRLR 763
Online Published Date:  01 January 2001

‘Work’ and ‘Employment’

Young v National Power plc (TLR 23 November CA)
Online Published Date:  01 January 2001

Quantification for Overseas Injury

Edmunds v Simmonds (TLR 21 November QBD)
Online Published Date:  01 January 2001

Conversion

Kuwait Airways Corporation v Iraqi Airways Company (No 4 and 5) (TLR 21 November CA)
Online Published Date:  01 January 2001

Application of European Law to Californian Contract

Ingmar GB Ltd v Eaton Leonard Technologies Inc (TLR 16 November ECJ)
Online Published Date:  01 January 2001

Collective Conditional Fee Agreements

The Collective Conditional Fee Regulations enabling the bulk purchase and provision of legal services through collective conditional fee agreements came into effect on 30 November. In introducing the regulations the Lord Chancellor’s..
Online Published Date:  01 January 2001

Orders Against Funded Client and the LSC

Although the intention of s11(1) of the Access to Justice Act was in part to reproduce protection contained in s17 of the Legal Aid Act 1988 (costs orders against an individual in relation to any proceedings funded for him shall not exceed the..
Online Published Date:  01 January 2001

SCCO Guide to Summary Assessment

It is hoped to publish a revised guide early in the New Year to include hourly rates up to 1 December 2000. The revised guide will include guidance in relation to funding arrangements and will also include guideline figures for counsel’s fees..
Online Published Date:  01 January 2001

Grounds for Detailed Assessment

Neil v Stephenson (CLW 8 December QBD)
Online Published Date:  01 January 2001

Proportionality

Mann v Chetty & Patel (CLW 8 December CA)
Online Published Date:  01 January 2001

Division of Labour

Commenting on the Court of Appeal decision in Shirley v Caswell (19/LL116 ) Jeremy Morgan in Butterworths Costs Service for October described this as an important decision as to the division of labour between trial courts and costs officers, in..
Online Published Date:  01 January 2001

Limitation Period

In Re A Debtor (No 2672 of 2000) (TLR 5 December Ch D)
Online Published Date:  01 January 2001

Order in Favour of Non-Party

Household Mortgage Corp v Hussain (Unreported 25 July CA)
Online Published Date:  01 January 2001

Apportioning Costs

Bairstow v Queens Moat Houses plc (Unreported 14 April QBD)
Online Published Date:  01 January 2001

Tomlin Order Leaving Costs to the Judge

Booker Belmont v Ashford Developments (Butterworths Costs Service, October bulletin CA)
Online Published Date:  01 January 2001

Disqualification of Directors

In Re Pantmaenog Timber Company Ltd (TLR 23 November Ch D)
Online Published Date:  01 January 2001

Review of Arbitrators’ Fees and Expenses

Hussman (Europe) v Al Ameen Developments ([2000] 2 Lloyds Rep 83, QBD)
Online Published Date:  01 January 2001

Juridical Seat is Not Peripatetic

Dubai Islamic Bank PJSC v Paymentech Merchant Services Inc (TLR 24 November QBD)
Online Published Date:  01 January 2001

Failure to Give Reasons

Flannery v Halifax Estate Agencies Ltd ((2000) 1 WLR 377)
Online Published Date:  01 January 2001

Findings of Fact

Designer Guild Ltd v Russell Williams (Textiles) Ltd (Trading as Washington DC) (TLR 28 November H of L)
Online Published Date:  01 January 2001

Permission to Appeal to the House of Lords

R v Secretary of State for Trade and Industry ex parte Eastertaway (TLR 8 November H of L)
Online Published Date:  01 January 2001

Costs – What Crisis?

With the President of the Law Society calling on the government to think again about the practice and procedure for recovering after-the-event insurance premiums where no proceedings have been commenced, resulting in high volumes of satellite..
Online Published Date:  01 January 2001

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