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Pre-action disclosure
APIL invited its members to share their experiences of issuing pre-action disclosure (PAD) applications in their local courts. Many had experienced no problems reporting that at Swansea, Birmingham, York, Liverpool, Doncaster, Blackpool,..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Failure to comply with order
Ethemi v Shiels [2008] EWHC 291 (QB)
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Accreditation
The Law Society has responded to the Solicitors Regulation Authority’s (SRA) consultation paper on accreditation, saying that best practice schemes should be run by solicitors themselves. The regulator’s role is to set minimum standards..
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01 May 2008
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Higher rights of audience
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01 May 2008
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Failure to attend
Islamic Investment Company of the Gulf (Bahama) Ltd v Symphony Gems NV and Others CA TLR 4 April
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01 May 2008
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Suspended possession order
Shepherds Bush Housing Association v Porter CA TLR 2 April
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Costs of service charge proceedings
Volosinovici v Corvan (Properties) Ltd [2007] EW Lands LRX/67/2006 (Oct)
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Acceptance of claim
Kosmar Villa Holidays Plc v Trustees of Syndicate 1243 CA TLR 11 March
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Court practice unlawful
Halabi (a bankrupt) v Camden LBC and another Ch D TLR 25 March
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01 May 2008
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Extending limitation period
Giles v Rhind [2008] EWCA Civ 118; CA TLR 25 March
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
ITAC revived
The Government has revived the Liaison Group Information Technology and the Courts (ITAC). Its terms of reference are: ‘A high level and strategic forum for their majesty’s court service and representatives of the legal profession to..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Specialist domestic violence court systems
The Government has announced the creation of more than 30 new Specialist Domestic Violence Court (SDVCs) systems across England and Wales. This brings the total number of SDVCs in the national programme to 98.
A multi-agency approach is central to..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
No declaration of invalidity
Westminster City Council v IC and others CA TLR 3 April; LSG 3 April
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01 May 2008
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Committal of mother
Nicholls v Nicholls [2008] EWCA Civ 121; NLJ 4 April p 473
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01 May 2008
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Enforcing pre-nuptial agreements
In a two-page article in the Solicitors Journal of 11 March, Mark Pawlowski concluded that for the time being at least, the pre-nuptial agreement in this country will continue to have only limited significance in determining the parties’..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
The concept of ‘compensation’
VB v JP [2008] EWHC 112 (Fam), [2008] All ER (D) 230 (Jan); NLJ 4 April p 472
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01 May 2008
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No contract with temp
James v London Borough of Greenwich [2008] EWCA Civ 35
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01 May 2008
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No strict liability for injury
Smith v Northamptonshire County Council CA TLR 24 March
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01 May 2008
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Police inaction
Smith v Chief Constable of Sussex Police CA TLR 17 March
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01 May 2008
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Orders made in party’s absence
Kampichler v Moore & Blatch (a firm) [2008] EWHC 404 (QB); SJ 8 April p 29
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Solicitor and client estimate binding
Reynolds v Stone Rowe Brewer (a firm) [2008] EWHC 49 (QB); SJ 8 April p 29
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01 May 2008
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Exaggeration of claim
Earl of Malmesbury and others v Strutt and Parker (a partnership) [2008] EWHC 424 (QB); NLJ 4 April p 480
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Adding Insult to Injury – it’s war!
In advance of the publication of the Government’s proposals on reform of the claims process, which may increase the fast-track limit to £25,000, extend the system of fixed fees and require cases to be investigated by insurers, the..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
‘Take-or-pay’ a penalty?
M and J Polymers Ltd v Imerys Minerals Ltd QBD TLR 2 April
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01 May 2008
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Disclosure of documents
Emmott v Michael Wilson Partners [2008] EWCA Civ 184 12 March
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01 May 2008
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A lost decade
When the Civil Procedure Rules 1998 were introduced on 1 April 1998 they did not apply to family proceedings. They still do not. Writing in the New Law Journal, David Burrows observed that HM Court Service and the Family Procedure Rule Committee..
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01 May 2008
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Cohabitation reform shelved
In July 2007, the Law Commission’s report – Cohabitation: the financial consequences of relationship breakdown – recommended that the law should make provision for cohabiting couples with children or who had been in a relationship..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Domestic violence – it weren’t broke – but it is now!
The President of the Family Division was reported in The Times of 14 April as being very concerned that the Domestic Violence, Crime and Victims Act 2004 had led to a reduction rather than an increase in protection since it came into force in July..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Family meltdown
Speaking at the Resolution annual conference, Mr Justice Coleridge warned: ‘We are experiencing a period of family meltdown whose effects will be as catastrophic as the meltdown of the ice caps’. He said that family law was a much lower..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Divorces up
The figures published by the Office for National Statistics (ONS) show the highest divorce rate since records began in 2005. One in 10 marriages do not last more than five years and 45% of marriages end in divorce. The ONS said that if divorce and..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Marriages down
The Office for National Statistics has published figures for 2006 showing that the marriage rate for men was 22.8 per thousand and for women 20.5 – the lowest rate in 144 years. The number of marriages in 2006 fell by 4% to 236,980 compared..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008
Family meltdown
All is not well in the world of family matters. In the past month, statistics have revealed the number of marriages in 2006 to be the lowest for more than 140 years and divorces the highest since records began; a High Court judge protested at the..
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01 May 2008
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Volume 27 No. 5 - 01 May 2008