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Referral rules flouted
Solicitors, rather than claims management companies, are largely responsible for breaches in personal injury referral arrangements according to a report published by the Ministry of Justice’s claims management regulator.
According to The Law..
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01 July 2008
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Higher rights of audience
Solicitors should be automatically granted higher rights of audience on qualification rather than undertake additional training, according to plans outlined by the solicitors regulation authority. Subject to approval from the Ministry of Justice,..
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01 July 2008
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Constructive trust
Levi v Levi CA 12 March; SJ 3 June
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Unlawful dispossession
McCann v United Kingdom (Application number 19009/04) ECHR TLR 23 May
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Dispensing with adoption consent
SB v X County Council CA TLR 29 May
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Revoking adoption placement order
S-H v Kingston upon Hull City Council and another CA TLR 28 May
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Tribunal’s approach too technical
Towergate London Market Ltd v Harris [2008] EWCA Civ 433; SJ 13 May p29
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Contract not illegal
Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd CA TLR 2 June
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Interest on loss of financial dependency
Train & Sons Ltd v Fletcher [2008] EWCA Civ 413 24 April
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Contribution
Mason v Satelcom Ltd and another CA TLR 4 June
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Public nuisance
Corby Group Litigation v Corby Borough Council CA TLR 28 May
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Pleural plaques
The APIL journal PI Focus has reported that hopes are high that prime ministerial intervention in the pleural plaques issue could finally lead to compensation for victims. When answering a question on pleural plaques at Prime Minister’s..
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01 July 2008
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Volume 27 No. 7 - 01 July 2008
Untraced drivers
Byrne v Motor Insurance Bureau [2008] EWCA Civ 574; SJ 3 June
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12.5% or 100% success fee?
Sitapuria v Khan Liverpool County Court, His Honour Judge Stewart QC, 10 December 2007
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No security in ancillary relief
Bradley v Bradley CA Civ Div 8 May; SJ 29 May p31
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12.5% success fee is fixed
Kilby v Gawith CA 19 May (not yet reported)
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Costs against receivers
Mills v Birchall and another [2008] Civ 385 CA 18 April
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Disclosure
Gower Chemicals Group Litigation v Gower Chemicals Ltd and another [2008] EWHC 735 QBD 17 April
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Notice of funding
Supperstone v Hurst and another [2008] EWHC 75 ChD 16 April
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Repudiatory breach
Alan Auld Associates Ltd v Rick Pollard Associates and another CA SJ 27 May
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Fraud-based claims
Satyam Computer Services Ltd v Upaid Systems Ltd CA TLR 27 May
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Order to inspect accounts
Oxford Legal Group Ltd v Sibbasbridge Services Plc and another CA TLR 15 May
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Court of Appeal can overrule itself
Actavis UK Ltd v Merck and Co Inc CA TLR 5 June
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Fraud allegations must be specific
Berezovsky v Abramovich [2008] EWHC 1138 (Comm) 22 May
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It’s a deal
In a speech to the Australian Institute of Judicial Administration in Melbourne on 30 May, the Lord Chief Justice, Lord Phillips of Worth Matravers, described the framework document on the funding and operation of the courts, which he had agreed..
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01 July 2008
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Volume 27 No. 7 - 01 July 2008