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Triumph or Shambles?
Last month we said no one would respond to our invitation to express their views on the Woolf reforms. We were wrong.
District Judge Pearl, saying that overall she is delighted with the new rules, provided these impressions:
Drafting
The rules are..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Establishing Duty of Care
Farah and others v British Airways plc and another (CA TLR 26 January)
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01 March 2000
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Failure to Make Disclosure
Coleman v Dunlop Ltd (No 2) (CA CLW 21 January)
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Judicial Reading Time
From 11 January a reading list together with an estimated length of reading time and an estimated length of the hearing signed by all advocates must be prepared in all matters where the lodging of bundles is required in both the Chancery and..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Mercantile Court: Wales and Chester
A Practice Direction issued in English and Welsh provides for a new Queen’s Bench list in the Cardiff District Registry, to be known as the ‘Cardiff Mercantile Court List’ and in the Chester District Registry to be known as the..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Mortgage Possession Statistics
17.3% less mortgage possession actions were entered in the fourth quarter of 1999 (19,794) than in the fourth quarter of 1998 (23,932). For the same period there was a decrease of 21.9% in orders made (12,657 and 16,210 respectively) of which 61.8%..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Who Should be a Party?
Dearman v Simpletest (CA TLR 14 February)
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01 March 2000
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Substitution of Defendant
International Distillers and Vintners Ltd v J F Hillebrand (UK) Ltd and others (QBD TLR 25 January)
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01 March 2000
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No Judicial Review of Private School
Regina v Muntham House School, ex parte R (QBD TLR 26 January)
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01 March 2000
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Name Change
The Society of Practitioners in Insolvency has not only changed its name but also its constitution. From 21 January it has become The Association of Business Recovery Professionals and its constitution has been changed so that its membership is no..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Cross-Demand in Different Capacity
In Re A Debtor (No 87 of 1999) Debtor v Johnson (Ch D TLR 14 February)
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01 March 2000
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Restraining Parent from Entering School Premises
Wandsworth LBC v A (CA TLR 28 January)
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01 March 2000
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Passing off Evidence
Mont Blanc Simplo GmbH v Sepia Products Inc (Ch D TLR 2 February)
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Effect on Bangladeshi Family in Tower Hamlets
Delivering the Holborn Law Society Lecture Cherie Booth QC reminded her audience of the reply given by Lord Scarman when asked what difference it would make to a single Bangladeshi family in Tower Hamlets if Britain had a Bill of Rights: “A..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Split Trial was a Mistake
Worsley v Tambrands Ltd (CA TLR 11 February)
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01 March 2000
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Mothers Can Refuse DNA Test
In Re O; In Re J (Minors) (Blood Test: Constraint) (FD The Gazette 10 February and The Lawyer 7 February)
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01 March 2000
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Duxbury No Assistance
A v A (Elderly Applicant: Lump Sum) [1999] Fam Div 2 FLR 969.
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01 March 2000
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The Adoption (Intercountry Aspects) Act 1999 (Commencement No 10 Order 2000)
Made 10 January
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Dissolution of Marriage On-line
At 19/LL p19 we not very imaginatively, nor it appears originally, headed an item about a divorce package on the Internet ‘Divorce On-line’. We have received this letter from Mark Keenan:
Sir
I refer to the article headed ‘divorce..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Swear at a Barrister
A few years ago barristers were allowed to be commissioners for oaths. At a time when their earnings are under such savage attack, this could become an important money-spinner. They charge £4 an oath, and it only takes a minute of their time...
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01 March 2000
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Conflict of Public Interests
Powell and another v Chief Constable of North Wales Constabulary (CA TLR 11 February)
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01 March 2000
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Increase in Compensation Limits
The Employment Rights (Increase of Limits) Order 1999 which came into force on 1 February increases the limits applying to certain awards of employment tribunals, and other amounts payable under employment legislation where the event giving rise to..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Right to ET Representation
Bache v Essex County Council (CA TLR 2 February; NLJ 28 January p99)
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01 March 2000
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Trial of Preliminary Issues
GKR Karate UK Ltd v Yorkshire Post Newspapers Ltd and others (CA TLR 9 February)
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01 March 2000
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New Industrial Disease Insurance Code
The Association of Personal Injury Lawyers is disappointed with the new code agreed between the Government, the Association of British Insurers and the Non-Marine Association at Lloyds to assist employees seeking to trace their former..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Malicious Prosecution
Gregory v Portsmouth City Council (H of L TLR 2 February; NLJ 4 February p131)
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01 March 2000
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Ambulance Service Duty of Care
Kent v Griffiths and others (No 2) (CA TLR 10 February)
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01 March 2000
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Practice Direction Amendments
The 11th amendments to the CPR Practice Directions contained amendments to the Practice Direction about costs relating to Parts 43 to 48. PD l.7 to Part 43 was amended to emphasise the use of the model form of bill in the schedule of costs is..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Conditional Fees: Recovering Success Fees and Insurance Premiums
The Government has published its conclusions following consultation and the Lord Chancellor has announced that claimants whose conditional fee agreements were signed on or after 1 April will be able to recover insurance premiums and success fees..
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01 March 2000
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Costs Order in Family Proceedings Provable in Bankruptcy
Levy v Legal Aid Board (Ch D NLJ 11 February)
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Costs Draftsman’s Hourly Rates
A survey carried out on behalf of the Association of Law Costs Draftsmen has produced the following range of hourly rates being allowed for the preparation of bills of costs.
South Eastern Circuit
£70-£160 (average..
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01 March 2000
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Failure to Beat Payment-In
Burgess v British Steel and Another (CA LSG 3 February)
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01 March 2000
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Thresholds and Priorities Changed
The Lord Chancellor has announced that the thresholds for funding when legal aid ends on 31 March for personal injury cases has been lowered from £20,000 total costs to £15,000 for eligibility for ‘litigation support’ and from..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Business Outside London Application Days
APRIL – JULY 2000
April
May
June
July
Manchester
6, 27
26
8
6, 13
Leeds
13, 25
11
6, 22
6, 25
Liverpool
19
12, 19
15
21
Newcastle
25
Birmingham
3, 10, 17
8, 15, 22
5, 12, 19, 26
3, 10, 17, 24, 31
Bristol
6, 13
4, 11, 18,..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Wigs on Trial Again
The Bar Council is to consult barristers and the public as to whether the wearing of wigs by barristers should be abolished and will inform the Lord Chancellor of the result. According to The Independent of 12 December a spokesman for the Lord..
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01 March 2000
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Refusing to Recognise Award
Irvani v Irvani (CA TLR 10 February)
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01 March 2000
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Leave to Appeal Reminder
Since s55 of the Access to Justice Act 1999 came into effect on 27 September where a county court or the High Court has decided a matter brought on appeal, there has been no possibility of a further appeal, unless the appeal raises an important..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Regional Courts of Appeal?
It has been suggested to the Lord Chancellor that there are enough appeal cases outside London to justify the creation of a system of regional courts of appeal and Crown Offices to deal with judicial reviews. The suggestion comes from Paul Stone,..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Factors for Court’s Consideration Under Rules 2.69B and 2.69C
Rule 2.69D provides:
(1) In considering whether it would be unjust, or whether it would be just, to make the orders referred to in 2.69B and 2.69C, the court must take into account all the circumstances of the case, including:
(a) the terms of any..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Judgment or Order More Advantageous Than Offers Made by Both Parties
2.69C – (1) This rule applies where:
(a) both the applicant and the respondent have made offers under rule 2.69(1): and
(b) the judgment or order in favour of the applicant or the respondent, as the case may be, is more advantageous to him..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
Judgment or Order More Advantageous Than an Offer Made by the Other Party
Rule 2.69B provides: (1) This rule applies where the judgment or order in favour of the applicant or respondent is more advantageous to him than an offer made under rule 2.69(1) by the other party.
(2) The court must, unless it considers it unjust..
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01 March 2000
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‘Without Prejudice Save as to Costs’
Rule 2.69 provides: (1) Either party to the application may at any time make a written offer to the other party which is expressed to be ‘without prejudice except as to costs’ and which relates to any issue in the proceedings relating..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000
FAMILY COSTS CONFUSION
The Family Proceedings (Amendment No 2) Rules 1999, coming into force on 5 June, amend the Family Proceedings Rules 1991 in respect of the costs of ancillary relief proceedings. They contain some surprising provisions about the costs consequences..
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01 March 2000
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Volume 19 No. 3 - 01 March 2000