i-law

Litigation Letter

Consent orders – id certum est quad reddi potest

Scammell and others v Dicker CA TLR 27 April
Online Published Date:  01 June 2005

Rescission of order

Papanicola v Humphreys and others ChD TLR 28 April
Online Published Date:  01 June 2005

No asset-freezing order in foreign insolvency

Fourie v Le Roux and others CA TLR 25 April
Online Published Date:  01 June 2005

Injury to land

When will a court grant an injunction or damages for injury to land? This question was considered by Stephen Bickford-Smith in a three-page article in the Solicitors’ Journal of 1 April. In regard to tortious interference with land not..
Online Published Date:  01 June 2005

Prison disciplinary proceedings unfair

Whitfield and others v United Kingdom (Application nos 46387/99, 48906/99, 57410/00 and 57419/00) ECtHR TLR 27 April
Online Published Date:  01 June 2005

Costs against recalcitrant mother

In re T (a child) [2005] EWCA Civ 311
Online Published Date:  01 June 2005

Shared residence

In re R (children) CA SJ 29 April
Online Published Date:  01 June 2005

Contempt

In re M (children) CA SJ 22 April
Online Published Date:  01 June 2005

Costs order in child abduction

EC-L v DM (child abduction: costs) FD TLR 10 May
Online Published Date:  01 June 2005

Children of same sex couple

In re G (children) (residence: same sex partner) CA TLR 29 April
Online Published Date:  01 June 2005

No duty of care to parents

D v East Berkshire Community Health NHS Trust and another and two related cases HL TLR 22 April
Online Published Date:  01 June 2005

Similar-fact evidence

O’Brien v Chief Constable of South Wales Police HL TLR 29 April
Online Published Date:  01 June 2005

Admissibility disputes

Stroude v Beazer Homes Ltd CA TLR 28 April
Online Published Date:  01 June 2005

Commission where no completion

Foxtons Ltd v Thesleff and another CA SJ 29 April; TLR 16 May
Online Published Date:  01 June 2005

Laches

Patel and others v Shah and others [2005] EWCA Civ 157; NLJ 29 April
Online Published Date:  01 June 2005

Application out of time

Marks and Spencer plc v Williams-Ryan [2005] EWCA Civ 470; SJ 29 April
Online Published Date:  01 June 2005

Discrimination abroad

Saggar v Ministry of Defence CA TLR 9 May
Online Published Date:  01 June 2005

The Information and Consultation of Employee Regulations 2004

These Regulations (SI 2004 No 3426) came into force on 6 April introducing consultation requirements on organisations with more than 150 employees about various commercial and confidential decisions. They require employers to engage in ‘the..
Online Published Date:  01 June 2005

Childcare minimum leave

Rodway v New Southern Railways Ltd (formerly South Central Trains Ltd) CA TLR 21 April
Online Published Date:  01 June 2005

Professional negligence

Beary v Pall Mall Investments [2005] EWCA Civ 415; SJ 29 April
Online Published Date:  01 June 2005

Most claims are not ‘try-ons’

In his inaugural speech as the new president of the Association of Personal Injury Lawyers, Alan Gore QC said that according to APIL research, insurers only admitted liability in 37% of cases under £5,000 which were won by APIL members...
Online Published Date:  01 June 2005

Police duty of care

Brooks v Metropolitan Police Commissioner and others [2005] UKHL 24; NLJ 29 April
Online Published Date:  01 June 2005

GP payment scheme

The Association of Medical Reporting Organisations has introduced a cost-and-payment system for general practitioner reports in personal injury cases under the predictive fees scheme, to which 52 insurers have signed up. Under the predictable costs..
Online Published Date:  01 June 2005

Burden of proof not the answer

Stephens and another v Cannon and another CA TLR 2 May
Online Published Date:  01 June 2005

Limitation of damage

Seismic Shipping Inc and another v Total E & P UK plc QBD TLR 4 May
Online Published Date:  01 June 2005

Chancery – Pass It On

Two cases in which the Court of Appeal criticised the allocation of Chancery work to a district judge without sufficient experience and expertise, together with an article by Daniel Lightman in the New Law Journal of 4 February, have focused..
Online Published Date:  01 June 2005

Contractual costs

Venture Finance plc v Mead and another [2005] EWCA Civ 325
Online Published Date:  01 June 2005

Against non-party director

Goodwood Recoveries Ltd v Breen: Breen v Slater [2005] EWCA Civ 414; SJ 29 April
Online Published Date:  01 June 2005

LEI v CFA

Addressing the Association of Personal Injury Lawyers annual conference, Roger Bolt advised solicitors not to simply send clients onto an insurers’ panel as soon as they discover that the client has legal expenses insurance. There was no..
Online Published Date:  01 June 2005

Cards must be on the table

Hertsmere Primary Care Trust and others v Estate of Balasubramaniam Rabindra-Anandh and another ChD TLR 25 April
Online Published Date:  01 June 2005

Percentage award

Clark v Devon County Council CA TLR 22 April
Online Published Date:  01 June 2005

Test for permission

Convergence Group plc and another v Chantrey Vellacott (a firm) CA TLR 25 April
Online Published Date:  01 June 2005

Nautical assessors

Owners and Bareboat Charterers of the Vessel ‘Global Mariner’ v Owners and Bareboat Charterers of the Vessel ‘Atlantic Crusader’ [2005] EWHC 380 (Admlty); NLJ 15 April
Online Published Date:  01 June 2005

Two-stage CFA success fees

KU (a child, by her mother and litigation friend PU) v Liverpool City Council [2005] EWCA Civ 475; TLR 16 May (reported as ‘U v Liverpool City Council’)
Online Published Date:  01 June 2005

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