- Home/Publications/Litigation Letter
Application to discharge
Placito v Slater and another CA TLR 29 January
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Right to a reply?
If another solicitor’s firm writes to you, do you have to reply? Solicitors understandably feel a sense of outrage when they write letters to other solicitors on behalf of their client, but don’t get an acknowledgement, let alone a..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
No duty to warn another firm
Marsh v Sofaer and another ChD TLR 10 December
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Extension of time
Bournemouth & Boscombe Athletic Football Club Ltd v Lloyds TSB Bank plc [2003] EWCA Civ 1755
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Small claim
Avinue Ltd v Sunrule Ltd [2003] EWCA Civ 1858
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Judge says: ‘Give it a chance’
‘In litigation there is only one winner – and that is generally the lawyer. As well as the high legal costs of litigation, there is the blight it occasions on the lives of the litigants over the protracted period until it reaches its..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Judicial independence
The Government’s proposals to abolish the office of Lord Chancellor, as well as establishing a new Supreme Court and introducing a new system for judicial appointments will be put forward shortly in a constitutional reform bill. But in..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Judicial training courses
The Law Society, in conjunction with the Judicial Studies Board, has set up a two-part course to help solicitors apply for judicial appointments. Part 1 includes completion of the self-assessment application form and issues relating to race, sex,..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Correcting a draft
Robinson v Bird and others CA TLR 20 January
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
The test for ordering an assessment
In re G (a child) (interim care order: residential assessment) CA TLR 29 January
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Care and freeing orders
In re M (a minor) (care order: simultaneous application for freeing order) [2003] EWCA Civ 1874; LSG 5 February
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Damages for abduction
Hamilton Jones v David & Snape (a firm) ChD TLR 15 January
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Living in the same household
Gully v Dix; In re Dix, deceased CA TLR 28 January
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Paramountcy of children
Palau-Martinez v France ECtHR (64927/01) 16 December 2003
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Money-laundering
David Burrows, chairman of the Solicitors Family Law Association, has resigned in protest against the decision of the Association’s National Committee not to challenge the legitimacy of the requirement in the Proceeds of Crime Act 2002 that..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
50/50 for capital and income?
Writing in the Law Society’s Gazette of 5 February, Kevin Hand considered whether now the 50/50 rule is firmly established as the accepted measure for the division of capital assets on divorce, this may in future apply to the division of..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
EU Regulation on Taking of Evidence EC/1206/2001
This Regulation became applicable from 1 January and simplifies the procedures for the taking of evidence between all Member States of the European Union, excluding Denmark. CPR Part 34 and its Practice Direction have been revised to incorporate..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Foreseeable discrimination injury
Essa v Laing Ltd CA TLR 29 January
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Effect of dismissal abroad
Lawson v Serco Ltd CA TLR 23 January
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Criminal libel
Worme and another v Commissioner of Police of Granada PC TLR 5 February
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Disaster litigation
The Law Society has issued guidelines for the profession applicable to unexpected events which adversely affect a group of individuals, resulting in physical injury and property damage. They encourage the use of mediation before issuing proceedings..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Credit car hire
Thew v Cole; King v Daltray CA TLR 15 January
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Group action
Taylor v Nugent Care Society CA TLR 28 January
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Unified Courts Agency
Professor Sir Ronald De Witt has been appointed the chief executive of the new Unified Courts Agency, created under the Courts Act 2003, which came into effect in September. The new executive agency, which the Lord Chancellor has described as..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
London courts
The scheme for the restructuring of the Commercial Court in London, likely to be submitted for approval to the Department for Constitutional Affairs and then to the Treasury, envisages erecting a new 27-court building on the site of the..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Costs estimates - the new battleground?
In this article in the New Law Journal of 9 January, John Fay QC and Mark Whelan summarised the lessons to be learned from Leigh v Michelin Tyre plc [2003] EWCA Civ 1766 (23/LL p3) as follows:
Cost estimates are likely to assume a greater..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Predictable costs
The latest Civil Justice Council mediation initiative is to see whether agreement can be reached on employer’s liability success fees, in the light of the experience of the agreement on success fees in low-value road traffic accident cases...
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Simplifying CFAs
A summary of responses to the DCA’s consultation paper Simplifying CFAs issued as part of the consultation exercise and general review of the CFA Regulations in the summer of 2003 is expected to be issued ‘by the spring of this..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Pre-action misconduct
Groupama Insurance Co Ltd v Overseas Partners Re Ltd [2003] EWCA Civ 1846
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Amendments to CFA Regulations
The Conditional Fee Agreements (Miscellaneous Amendments) (No 2) Regulations 2003 (SI 2003 No 3344), amending the Conditional Fee Agreements (CFA) Regulations 2000 (SI 2000 No 692) and the Collective Conditional Fee Agreements Regulations (CCFA)..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Security for costs
Ali v Hudson (t/a Hudson Freeman Berg) [2003] EWCA Civ 1793
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
SCCO assesses London county court costs
A new Practice Direction, inserted in the CPR after the Costs Practice Direction, makes provision for a pilot scheme for detailed assessment by the Supreme Court Costs Office of costs of civil proceedings in London county courts. The Practice..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
12.5% success fee
CPR rule 45.11 has been amended to specify the amount of the success fee which a claimant may recover in proceedings under Section II of Part 45 if he has entered into a conditional fee agreement or a collective conditional fee agreement which..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Costs-only disbursements
CPR rule 45.10 has been amended to clarify that, in costs-only proceedings brought under Section II of Part 45 by a party funded by a body which indemnifies its members or other persons against liabilities for costs which they may incur in..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
CFA risk assessment
Writing in the Association of Law Costs Draftsman’s Journal for February, Simon Murray expressed surprise to discover firstly that the CPR did not define what a risk assessment should contain in order to be valid or, second, require that the..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Double defence
Super Chem Products Ltd v American Life and General Insurance Co Ltd and others PC TLR 28 January
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Part 36 offers
..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
We close at 5.00pm
A South East Circuit Practice Direction provides that as a general rule, no judge should sit on a civil or family matter after 5.00pm. If for some very good reason a judge does sit after 5.00pm he or she must report him or herself to the relevant..
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004
Justice on a shoestring
No RCJ rubber stamp
Online Published Date:
01 March 2004
Appeared in issue:
Volume 23 No. 3 - 01 March 2004