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Injunction
Attorney General v Ebert (QBD (Div Ct) [2002] 2 All ER 789)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Developing jurisprudence
Partco Group Ltd and another v Wragg and another (CA LSG 7 June)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
McKenzie friends – who do they think they are?
Paul Spencer in this three-page article in the Family Law Journal for April considered the Court of Appeal guidance given in Paragon Finance Plc v Noueiri [2001] 1 WLR 2357 (20/LL p116, but we called it Noueiri v Paragon Finance). Paul Spencer who..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
The right to apply
Berry Trade Ltd and another v Moussavi and others (CA TLR 10 April)
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01 July 2002
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Committal
Bell v Tuohy (CA NLJ 19 APRIL p587)
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01 July 2002
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False endorsement
Irvine and another v Talksport Ltd (Ch D [2002] 2 All ER 414)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
15% more court venues
The number of civil court venues will increase by at least 15% according to plans announced by Michael Wills MP, Minister for the Courts at the Lord Chancellor’s Department. The main features of the new model for civil and family justice..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Service on tenant’s agent
Yenula Properties Ltd v Naidu (CA TLR 5 June)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Appeal to House of Lords
R v Hammersmith and Fulham LBC, ex parte Burkett and another (H of L TLR 24 May)
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01 July 2002
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Annuity income
Rowe v Sanders (CA [2002] 2 All ER 800)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Remuneration of trustee in bankruptcy
Peri v Engel (Ch D LSG 7 June)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Incompetent advocate
Parmar and others (t/a Ace Knitwear) v Woods (Inspector of Taxes) (Ch D TLR 5 June)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Undue influence
USB Corporate Services Ltd v Williams (CA TLR 27 May)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Assisting homeless children
R (W) v Lambeth LBC (CA TLR 23 May)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Cross-borders orders
The European Union Justice and Home Affairs Commission has proposed that all family orders in a European country should be recognised and enforced in every other Member State. The Commissioner said: ‘The aim of this proposal is to discourage..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Burden of proof
In the escalating debate over the introduction of no-fault liability, the Conservative Party has issued a consultation paper suggesting that the burden of proof in clinical negligence cases of less than £50,000 should shift to defendants,..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Action estoppel
Ako v Rothschild Asset Management Ltd and another (CA [2002] 2 All ER 693)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Constructive dismissal on transfer
Rossiter v Pendragon Plc Clarke v Air Foyle Ltd (CA TLR 28 May)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
The cost of managing a Pl damages fund
In an article in the Solicitors Journal of 10 May Andrew Morgan warned that when awarding damages to a claimant to compensate for future loss of earnings and living expenses, brokers fees and financial advice to manage the fund intended to provide..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Suing the school
The compensation culture has now embraced suing schools over such matters as the decisions to exclude or expel a pupil, playground accidents, bullying and failure to recognise and address special educational needs. The headmaster of Norlington..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Compromise
Heaton and others v Axa Equity and Law Life Assurance Society Plc and another (H of L TLR 15 May: [2002] 2 All ER 96l)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
No duty to paint warnings on road
Gorringe v Calderdale MBC (CA TLR 16 May, LSG 30 May p36)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Contribution – meaning of ‘same damage’
Royal Brompton Hospital NHS Trust v Hammond and others (Taylor Woodrow Construction (Holdings) Ltd, Part 20 Defendant (H of L) [2002] 2 All ER 801)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Credit car hire
Clark v Ardington and other related cases [2002] All ER(D) 155 (Apr)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
100% contributory negligence
In an article in the Law Society Gazette of 16 May, Simon Allen took as his text Lord Justice Sedley’s view expressed in the case of Anderson v Newham College of Further Education on 25 March, that the phrase ‘100% contributory..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Employed barristers to litigate
The LCD has approved changes to the Bar Council’s rules allowing an approved employed barrister after 12 weeks’ training with a practising litigator, to conduct litigation on the same footing as an employed solicitor. The Bar Council..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
In praise of the Bar
Writing in the Law Society Gazette of 16 May the President of the Law Society, David McIntosh, supported the Bar’s plea to the Office of Fair Trading for barristers to continue to be independent and sole practitioners available to all. He..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
The Bar is alive and well
..
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01 July 2002
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Outsourcing
Litigation Support
An increasing number of solicitors, rather than incur the overheads and liabilities of employing fee earners, use outside agencies, to do work for them. In a bill of between-the-parties costs should the charges of an outside..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Litigant in person
Wulfsohn v Legal Services Commission [2002] EWCA Civ 250
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Summary assessment cannot be delegated
Mahmood and another v Penrose and others [2002] EWCA Civ 457
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Rolls-Royce system unjustified
In an interview in The Independent of 3 June, Lord Phillips, the Master of the Rolls and Head of Civil Justice, described the earnings of solicitors and barristers as ‘extravagantly high’ and urged people to use ‘expensive..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Defamation CFAs
The Law Commission in a scoping study on conditional fee agreements in defamation proceedings found that the existence of a CFA causes difficulties for defendants and acts as a strong deterrent against both continuing publication and defending a..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Funders of litigation
Hamilton v Al Fayed and others (CA The Telegraph 23 May)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Contentious probate
In re Good deceased Carapeto v Good and others (Ch D TLR 22 May)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
‘Unless’ orders
RC Residuals v Linton Fuel Oils Ltd and another (CA SJ 24 May)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Under-resourced
Speaking at the annual luncheon of the Institute of Legal Executives, Lord Woolf, the Lord Chief Justice, predicted that people would be denied justice if the Government did not provide more money to run the courts. He said: ‘I am very..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Welfare of child
Wells v Pickering (Ch D TLR 4 June)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Summary rejection
Slot v Isaac (CA The Independent 2 May)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
Assessing variables
South Cone Inc v Bessant and others (t/a Reef) (CA TLR 31 May)
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01 July 2002
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Volume 21 No. 7 - 01 July 2002
ADR
Speaking at the launch of The Law Society’s Civil and Commercial Mediation Panel, the Lord Chancellor welcomed this accreditation scheme as providing a benchmark of standards for solicitors providing mediation services; it was a major step..
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01 July 2002
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Volume 21 No. 7 - 01 July 2002