i-law

Litigation Letter

Periodical payments orders

Long v The Norwich Union Insurance Ltd [2009] EWHC 715 (QB) 6 April
Online Published Date:  01 July 2009

Minimum wage

Commissioners for Revenue and Customs v Annabel’s (Berkeley Square) Ltd and others [2009] WLR (D) 149; TLR 13 May
Online Published Date:  01 July 2009

Assessment of success fee

Oliver v Whipps Cross University Hospital NHS Trust and another [2009] EWHC 1104 (QB); SJ 2 June p29
Online Published Date:  01 July 2009

‘No order for costs’

R (Scott) v LB Hackney [2008] EWCA Civ 217 AND R (Mendes) v Southwark LBC [2009] All ER (D) 231 (Mar); NLJ 22 May p746
Online Published Date:  01 July 2009

Liablity for defective ramp

Smith v Northamptonshire County Council; [2009] UKHL 27; [2009] WLR (D) 165; TLR 21 May
Online Published Date:  01 July 2009

Negligent supervision

Palmer v Cornwall County Council [2009] EWCA Civ 456 21 May; SJ 2 June p30
Online Published Date:  01 July 2009

Res ipsa loquitur

George v Eagle Air Services Ltd and others [2009] UKPC 21; TLR 15 May
Online Published Date:  01 July 2009

Ex turpi causa non oritur actio

Gray v Thames Trains Ltd and another [2008] EWCA Civ 713; [2008] WLR (D) 210; TLR 19 June
Online Published Date:  01 July 2009

Negative declaration of liability

Toropdar v D (a minor by the Official Solicitor as his Litigation Friend) [2009] EWHC 567 (QB) 20 March
Online Published Date:  01 July 2009

Limitation period

AXA Insurance Ltd v Akther & Darby Solicitors [2009] EWHC 635; SJ 19 May p26
Online Published Date:  01 July 2009

Loss of a chance

Haithwaite v Thomson Snell & Passmore [2009] EWHC 635; SJ 19 May p26
Online Published Date:  01 July 2009

Issues-based order

Actavis UK Ltd v Novartis AG [2009] EWHC 502 (Ch) 19 March
Online Published Date:  01 July 2009

Legally assisted or LIP?

Mohammadi v Shellpoint Trustees Ltd and another [2009] EWHC 1098 (Ch); SJ 9 June p31
Online Published Date:  01 July 2009

Tolerated trespassers are no more

Following the implementation of Sched 11 to the Housing & Regeneration Act 2008 from 20 May 2009, the concept of tolerated trespassers has been abolished. The oxymoron is no more. Tolerated trespassers existing on 20 May became new tenants..
Online Published Date:  01 July 2009

Judicial appointment of solicitor

The Judicial Appointments Commission (JAC) has identified the following ‘unfounded myths’ deterring solicitors from applying to become judges: A reference from a High Court judge is a condition precedent to applying for a judicial..
Online Published Date:  01 July 2009

Cross-claim

Bolsover District Council v Dennis Rye Ltd [2009] EWCA Civ 372; [2009] WLR (D) 147; TLR 19 May
Online Published Date:  01 July 2009

Deduction of holiday pay is unlawful

Ainsworth and others v Inland Revenue Commissioners H of L TLR 15 June
Online Published Date:  01 July 2009

Non-party disclosure

Flood v Times Newspapers Ltd; Berezovsky v Commissioner of Police of the Metropolis and another [2009] EWHC 411 (QB) 5 March
Online Published Date:  01 July 2009

When is a director an employee?

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld [2009] All ER (D) 40 (Apr); NLJ 15 May p687
Online Published Date:  01 July 2009

Variation of order

Roult v North West Strategic Health Authority [2009] EWCA Civ 444; [209] WLR (D) 164; CA TLR 8 June
Online Published Date:  01 July 2009

CAFCASS delays

Following the case of Baby P there has been a surge of applications for care orders and there are still unacceptable delays in allocating guardians to children and writing reports for court by CAFCASS across the country. The Times gave the following..
Online Published Date:  01 July 2009

Disclosure

Webster and others v Ridgeway Foundation School Governors [2009] EWHC 1140 (QB); SJ 9 June p31
Online Published Date:  01 July 2009

Soldier on military service

Regina (Smith) v Assistant Deputy Coroner for Oxfordshire (Equality and Human Rights Commission Intervening) [2009] EWCA Civ 44; TLR 20 May
Online Published Date:  01 July 2009

Abuse of process

Watson and another v Irwin Mitchell (a firm) [2009] EWHC 441 (QB) 11 March 2009
Online Published Date:  01 July 2009

Expert’s fees

Mark Solon in a helpful article in the New Law Journal of 22 May discussed disputes over expert’s fees. If the expert is instructed by the solicitor, then it is the solicitor and not the client who is liable for the expert’s fees unless..
Online Published Date:  01 July 2009

Police photographs

Wood v Commissioner of Police of the Metropolis [2009] EWCA Civ 41; SJ 2 June p30
Online Published Date:  01 July 2009

Rights of way

Waterman and another v Boyle and another [2009] EWCA Civ 115; NLJ 29 May p781
Online Published Date:  01 July 2009

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