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Spanish finding binding
National Navigation Code v Endesa Generacion SA [2009] EWCA Civ 1397; TLR 8 February
Online Published Date:
01 March 2010
Appeared in issue:
Volume 29 No. 3 - 01 March 2010
1. The Small Claims Mediation Service
Writing in the law bulletin of the Association of Her Majesty’s District Judges, James Rustidge, head of the Small Claims Mediation Service, said the scheme has now been in operation for just over two years and continues to go from strength to..
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Review
The president of the Court of Protection, Sir Mark Potter, has announced he is setting up an ad hoc committee to undertake a review of the Court of Protection Rules 2007 and the practice directions and forms which accompany the rules. He said:..
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Race or religion?
R (on the application of E) v Governing Body of JFS and others [2009] UKSC 1
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Jurisdiction
Byers and others v Yacht Bull Corporation and another [2010] EWHC 133 (Ch), TLR 15 February
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
2. The National Mediation Helpline
In contrast to the success of the Small Claims Mediation Service, Philip Hesketh, a professional mediator and a member of the National Mediation Helpline Panel, also writing in the Law Bulletin of the Association of Her Majesty’s District..
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
SCCO masters can bite!
(1) Thomas v Butler (t/a Worthingtons Solicitors) [2009] EWHC 9015; costs lawyer 9 January p2
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Contributory negligence
Somnez v Kebabery Wholesale Ltd [2009] EWCA Civ 22, October 2009
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Reduction for lying
AXA Insurance plc and another v Sulaman [2009] EWCA Civ 1331, 11 December 2009
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Incorporating an arbitration clause
Habas Sinai v E Tibbi Gazlar Isthisal Endustri AS v Sometal SAL [2010] EWHC 29 (Comm), 18 January; [2010] All ER (D) 99 (Jan); NLJ 29 January p145
Online Published Date:
01 March 2010
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Volume 29 No. 3 - 01 March 2010
Jackson on proportionality
Over the years three different tests have been applied to between-the-party costs – necessity, reasonableness, and proportionality, with necessity and reasonableness taking it in turn to be in the ascendant with only lip-service being paid to..
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Bonus sexually tainted
Gibson and others v Sheffield City Council [2010] EWCA Civ 63; SJ 16 February p3
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Extending time for claim
Chief Constable of Lincolnshire Police v Caston [2009] EWCA Civ 1298, TLR CA 26 January
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
(2) Straw bales bad
Fidler v Secretary of State for Communities and Local Government and another [2010] EWHC 143 (Admin), TLR 9 February
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Landlord and tenant
Forcelux Ltd v Binnie (costs) [2009] EWCA Civ 1077; 21 October 2009
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Collaborative prenups
The Law Society Gazette of 21 January reported a rise in the number of clients seeking prenuptial agreements to be prepared using the collaborative law model involving a series of face-to-face meetings between the parties and their lawyers. Gillian..
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Missing agreement
Carey v HSBC Bank Plc and Associated cases [2009] EWHC 3417 (QB); NLJ 22 January p101
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Unpleaded issue
Lombard North Central plc v Automobile World (UK) Ltd [2010] EWCA Civ 20, 26 January; NLJ 5 February p178
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Offer as advantageous as judgment
(2) Intercontinental Brands (Holdings) Ltd (3) Incorporated Beverages (Jersey) Ltd (Costs) [2010] EWHC 172 (Pat), 2 February; SJ 9 February p29
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Between-the-parties costs
Baker v Rowe [2009] EWCA Civ 1162, 6 November 2009
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Jurisdiction
Re I (a child) [2009] UKSC 10; SJ 9 February p19
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
(1) Barn good
Welwyn Hatfield Council v Secretary of State for Communities and Local Government and another [2010] EWCA Civ 26, TLR 9 February; LSG 18 February p19
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Jackson on the indemnity principle
The report describes the indemnity principle as a creature of the common law. That sounds rather like the Beast of Bodmin Moor, no two descriptions of which were alike. Is it a malign animal which must be destroyed at all cost, or does it in fact..
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Wasted cost order
Equity Solicitors v Javid [2009] EWCA Civ 535
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Contentious or non-contentious business?
Bilkus (respondent) v Stockler Brunton (a firm) (appellant) [2010] EWCA Civ 101, 16 February
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Legal representation
R (on the application of G) v The Governors of X School and Y City Council [2010] EWCA Civ 1; SJ 26 January p4; TLR 23 February
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Revocation of will
Court and others v Despallieres [2009] EWHC 3340 (Ch); LSG 28 January p13
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
Ban on wearing cross not discriminatory
Eweida v British Airways plc [2010] EWCA Civ 80, TLR 18 February
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01 March 2010
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Volume 29 No. 3 - 01 March 2010
How many claims?
In re Ludlan (a bankrupt) ChD TLR 26 October
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01 March 2010
Appeared in issue:
Volume 29 No. 3 - 01 March 2010
Injunction but not possession
Secretary of State for the Environment, Food & Rural Affairs v Meier [2009] UKSC 11; SJ 8 December p4
Online Published Date:
01 March 2010
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Volume 29 No. 3 - 01 March 2010
‘Enforcement of judgments is in a mess’
According to the new president of the Association of Her Majesty’s District Judges, District Judge Monty Trent, the enforcement of judgments is in a mess. He said: ‘There is muddle, overlap and confusion. Any experienced litigation..
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Fast-track RTA claims
On 30 April consultation about the new RTA regime for claims valued between £1,000 and £10,000 will be replaced by implementation.
Claimant lawyers, insurers and compensators have developed and, they hope, are ready to implement an..
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30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Jackson on contingency fees
In Chapter 12 of his Final Report on the Costs of Civil Litigation Sir Rupert Jackson recommends:
(i) Both solicitors and counsel should be permitted to enter into contingency fee agreements with their clients. However, costs should be recoverable..
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30 March 2010
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Volume 29 No. 4 - 01 April 2010
How the portal works
The system supports the RTA PI claims reforms process for low value personal injury claims (£1,000 – £10,000) agreed by claimant and defendant stakeholders with the Ministry of Justice (MoJ) by providing a secure medium for the..
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30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Ancillary relief in two jurisdictions
Agbaje v Agbaje [2010] UKSC 13; TLR 15 March
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Success fees in defamation cases reduced
On 3 March, Justice Secretary Jack Straw laid an amendment by Statutory Order, to come into effect in April, to reduce the maximum success fee in defamation proceedings funded by a CFA from 100% to 10%.
Comment: Will the reform, which strikes at the..
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Protective costs order tests
R (on the application of Garner) (Applicant) v Elmbridge Council (Respondent) & (1) Gladedale Group LTD (2) Network Rail (Interested Parties) QBD (Admin) (Nicol J) 3 March
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
How many bites at the cherry?
In an article in the New Law Journal of 29 January Dr Roger Smithers considered the provisions in part 52 of the CPR concluding that there can be only one application for permission to appeal to any one appeal court in the same proceedings. If that..
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
The system provides two methods for use
The first is via web browser-based access to a secure web server. This provides the ability for the users to complete the agreed electronic forms online and submit for transfer to the recipient party. Input to the forms is fully validated by the..
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Trial judge or costs judge? (2)
O’Beirne v Hudson [2010] EWCA Civ 52; LSG 4 March p14
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
MoJ guidelines – key stages of new process for RTA personal injury claims
Stage 1 – Providing early notification of claims to defendants and insurers
The claims notification form (CNF) will be sent electronically to the defendant’s insurer and the claimant solicitor or the claimant will sign the statement of..
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Penalty clause and force majeure
Tandrin Aviation Holdings Ltd v Aero Toy Door LLC and another [2010] EWHC 40 (Comm) 19 January [2010] All ER (D) 111 (Jan); NLJ 29 January p143
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Evidence of child
In re W (Children) (Family proceedings: Evidence) [2010] UKSC 12; TLR 8 March; SJ 9 March p154; NLJ 12 March p389
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Judicial pay frozen
The government has accepted the recommendations of the Senior Salaries Review Body that there be no increase in pay for its remit groups, including the judiciary for 2010-11. The Lord Chancellor has explained that pay must reflect the prevailing..
Online Published Date:
30 March 2010
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Volume 29 No. 4 - 01 April 2010
Interpreting agreement
Oceanbulk Shipping and Trading SA v TMT Asia Ltd and others [2010] EWCA Civ 79; TLR 1 March
Online Published Date:
30 March 2010
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Volume 29 No. 4 - 01 April 2010
Good reason for solicitors to terminate the retainer
Richard Buxton (Solicitors) (Appellant) v Mills-Owens (Respondent) and Law Society (Intervener) [2010] EWCA Civ 122, 23 February; LSG 11 March p15;SJ 2 March p154
Online Published Date:
30 March 2010
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Volume 29 No. 4 - 01 April 2010
Perils of the sea or inherent vice?
Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhard [2009] EWCA Civ 1398; TLR 2 March
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30 March 2010
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Volume 29 No. 4 - 01 April 2010
Legal Services Commission to be an executive agency
A few days after Carolyn Regan resigned as the chief executive of the LSC after 3.5 years, Jack Straw, the Justice Secretary, said in evidence to the Commons Justice Select Committee that the Legal Services Commission was inefficient, overstaffed..
Online Published Date:
30 March 2010
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Volume 29 No. 4 - 01 April 2010
Trial judge or costs judge? (1)
Drew v Whitbread Plc [2010] EWCA Civ 53; LSG 25 February p23; NLJ 19 February p270
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Subrogated CFA
Sousa v London Borough of Waltham Forest [2010] EW Misc 1 (EWCC); NLJ 19 February p264
Online Published Date:
30 March 2010
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Volume 29 No. 4 - 01 April 2010
Fundamental breach by employer
Buckland v Bournemouth University Higher Education Cooperation [2010] EWCA Civ 121; SJ 2 March p154
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30 March 2010
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Volume 29 No. 4 - 01 April 2010
‘Grotesque, excessive and disproportionate’
Gulf International Ltd v Groupe Chimique Tunisien CA TLR 3 March
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010
Setting aside
Pitt and another v Holt and another [2010] WLR (D) 2 Ch Div; TLR 24 February; LSG 11 March p14
Online Published Date:
30 March 2010
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Volume 29 No. 4 - 01 April 2010
Covenant wider than common law
Davies v Dennis and others [2009] EWCA Civ 1081, 22 October 2009 (Ward, Wilson, Rimer LJJ)
Online Published Date:
30 March 2010
Appeared in issue:
Volume 29 No. 4 - 01 April 2010