i-law.com - Newsletter (Litigation Letter)

Post Lords of Appeal in Ordinary 12 Heads of Divisions Lord Chancellor Lord Chief Justice Master of the Rolls 5 President of Family Division Vice-Chancellor Lords Justices of Appeal 35 High Court Judges Chancery..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Oral evidence

R (G) v Ealing LBC and others (QBD LSG 25 April)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Practice direction – scheme of arrangements with creditors

This practice statement replaces the Practice Note issued by Eve J and reported at 1934 WN 142. It is directed to the practice to be followed on applications pursuant to s425 of the Companies Act 1985 seeking the sanction of the court to a scheme..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Practice statement (administration order: reports)

1. This practice statement is supplemental to that of Sir Donald Nicholls V-C dated 17 January 1994 [1994] 1 WLR 160. It concerns the different forms of order (‘restriction order’) the court may make in exercise of the powers conferred..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Voluntary arrangement creates a trust

Shierson v Tomlinson (CA TLR 11 April, The Independent 16 April)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Children’s best intrest

In Re S (Children) (Child Abduction: Asylum Appeal) (FD TLR 9 May)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Challenging the care plan

In Re C (a Child) (Care Proceedings: Care Plan) Regina (C) v Waltham Forest LBC (FD and QBD TLR 18 April)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Delay upon delay

The LCD’s Report Scoping Study on Delay in Childen Act Cases promised for last September has now been published based on studies completed in January 2001. It makes sorry reading. It refers to the Booth Report on Avoiding Delay in Children..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Contractual jurisdiction

Miller Brothers and F P Butler Ltd v Johnston (EAT TLR 18 April)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Liability to trespasser

Tomlinson v Congleton Borough Council and another (CA SJ 26 April)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Attending without a solicitor

The Law Society’s Professional Conduct Rule requiring attendance on counsel in court was relaxed in respect of small claims and fast track civil cases on 3 April 2001. As a result principle 20.04 and the notes which appear in the Guide to the..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Pre-action offers

Rosalind Huck v Tony Robson (CA TLR 21 March)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Proportionality

The pundits now have had time to analyse the decision in Lownds v Home Office (21/LL p53), two helpful contributions being by Jeremy Morgan in the Law Society Gazette of 10 May and Susan Bartfield in the New Law Journal of the same date. Jeremy..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Chaos is not too strong a word

Lord Phillips, the Master of the Rolls and Head of Civil Justice, was interviewed for the April issue of Counsel, the journal of the Bar. This is what he said about costs: MR The problem area is undoubtedly costs. That is not a direct consequence..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Effect of writing off costs

Slatter v Ronaldsons (a firm) (SCCO No 2 of 2002)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Failure to attend detailed assessment

Snowden v Ministry of Defence (CA SCCO No 1 of 2002)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Notice of ATE

Inline Logistics Ltd v UCI Logistics Ltd (Ch D TLR 2 May)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

ADR sanctions

Speaking at the Inner Temple, Lord Phillips, the Master of the Rolls, encouraged the use of judicial powers to punish solicitors and parties with costs orders for non-compliance with the Woolf reforms, especially ADR orders as in Dunnett v..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Photocopying charges

Q The other side has requested that I copy a large number of documents. Does the Law Society have a recommended rate for photocopying charges? A There are no Law Society guidelines for photocopying charges. There is a prescribed fee in the county..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Information to client

Although the requirement to give costs information at the outset of a retainer has been a requirement of the Law Society practice rules for more than ten years, it is surprising how often it is ignored or overlooked, according to the Law..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Pre-emptive costs order

Chessels v BT (Ch D 20 December)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Winner does not take all

In the New Law Journal of 15 March, Jonathan Ross performed a useful service by providing a selection of recent cases where the court or Court of Appeal had decided on how costs should be apportioned between the parties. There are some interesting..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

No ‘issue-based’ order as to costs

Verrechia v Commissioner of Police of the Metropolis (CA TLR 10 May) (see also p65-66)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Practice direction amendment

CPR Update 27 translated para 26.2 of the Costs Practice Direction (relating to the fixed costs of an advocate for preparing for and appearing at the trial of a claim in the fast track) into English. The previous gobbledegook was replaced by:..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Director’s disqualification

Secretary of State for Trade and Industry v Reynard (CA The Independent 26 April)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Arbitration

..

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Stay of execution

Leicester Circuits Ltd v Coates Brothers Plc (CA 20 March)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Reasons for refusal of permission to appeal arbitration award

North Range Shipping Ltd v Seatrans Shipping Corporation (CA TLR 18 April)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002

Judicial duty to give reasons

English v Emery Reimbold and Strick Ltd DJ and C Withers (Farms) Ltd v Amble Equipment Ltd Verrechia v Commissioner of Police of the Metropolis (CA TLR 10 May)

Online Published Date: 01 June 2002

Appeared in issue: Volume 21 No. 6 - 01 June 2002