i-law

Litigation Letter

Breach of duty

Credit Lyonnaise SA v Russell Jones & Walker (a firm) (Ch D TLR 9 October)
Online Published Date:  01 November 2002

Duty on changing firms

Koch Shipping Inc v Richards Butler (a firm) (CA LSG 26 September p39)
Online Published Date:  01 November 2002

Last known residence

Chellaram and another v Chellaram and others ([2002] 3 All ER 17 Ch D)
Online Published Date:  01 November 2002

Compound interest on judgment?

The Law Commission has proposed that the courts should be given powers to award compound interest on money judgments for damages. The courts would be able to award simple or compound interest at the rates they saw fit. As a rule, the court would..
Online Published Date:  01 November 2002

Late payment of commercial debts

The Late Payment of Commercial Debts (Interest) Act 1998 has been amended by the Late Payment of Commercial Regulations 2002 as follows: The date from which all businesses and public sector bodies can claim interest for late payment is changed..
Online Published Date:  01 November 2002

Withdrawal of public funding

R (Alliss) v The Legal Services Commission (QBD (Admin) SJ 14 October LB215)
Online Published Date:  01 November 2002

Wife v trustee in bankruptcy

Mountney v Treharne (CA LSG 10 October p38)
Online Published Date:  01 November 2002

Undue influence

The guidance of the Law Society’s Conveyancing and Land Law Committee following the House of Lords’ decision in Royal Bank of Scotland v Etridge [2001] 3 WLR 1021 (20/LL p 104) is aimed at conveyancers rather than litigators. However,..
Online Published Date:  01 November 2002

Wrongful removal of teenager

In Re L (a child) (Abduction: Jurisdiction) FD LSG 17 October, TLR 14 October
Online Published Date:  01 November 2002

Child contact centres

The Child Contact Working Group (facilitated by the Lord Chancellor’s Department) has considered the definitions currently used for describing contact. The commonly used definitions are ‘supported’ and ‘supervised’...
Online Published Date:  01 November 2002

Judicial recusal

Berg v IML London Ltd ([2002] 4 All ER 87 QBD)
Online Published Date:  01 November 2002

Professional privilege in translations

Sumitomo Corp v Credit Lyonnais Rouse Ltd ([2002] 4 All ER 68 CA)
Online Published Date:  01 November 2002

‘Might well’ test for disclosure

Three Rivers District Council and others v HM Treasury and another (CA TLR 4 October)
Online Published Date:  01 November 2002

Submission of no case

Miller (trading as Waterloo Plan) v Cawley (CA TLR 6 September)
Online Published Date:  01 November 2002

Video link

Rowland and another v Bock QBD [2002] 4 All ER 370
Online Published Date:  01 November 2002

Dismissal for pornography

Thomas v Hillingdon LBC (EAT TLR 4 October)
Online Published Date:  01 November 2002

Dinner ladies not equal with refuse collectors

Lawrence and others v Regent Office Care Ltd and others (ECJ The Times 10 October)
Online Published Date:  01 November 2002

Small clinical negligence claims

The six-month pilot project to deal with small clinical negligence claims out of court within six months has now finished, without any immediate proposal for its continuation. It was a joint venture between the NHS litigation authority and the..
Online Published Date:  01 November 2002

Duty to dismiss employee

Coxall v Goodyear Great Britain Ltd ([2002] EWCA Civ 1010)
Online Published Date:  01 November 2002

Litigants in person

Two of the anomalies in the costs of litigants in person arise out of the provision that an LIP who has suffered financial loss is in a different category from one who has not. A litigant who ‘fails to prove financial loss’ (CPR..
Online Published Date:  01 November 2002

Solicitors Act assessment delay

McIllraith v McIllraith and Stevens & Bolton SCCO 15 2002
Online Published Date:  01 November 2002

Sanction for delay in commencing assessment

Button v Hill SCCO 11 of 2002
Online Published Date:  01 November 2002

Non-contentious probate

Jemma Trust Company Ltd v Forrester and another (SCCO 12 September unreported)
Online Published Date:  01 November 2002

The Supreme Court Costs Office guide

The Masters and Officers of the Supreme Court Costs Office have produced a new edition of the guide first produced in 1996. It is intended to be a helpful aide memoir for those appearing before them who, as the Master of the Rolls observes in his..
Online Published Date:  01 November 2002

Settlement without trial

Brawley v Marczynski CA [2002] All ER (D) 110
Online Published Date:  01 November 2002

Solicitor in person

Malkinson v Trim CA TLR 11 October; NLJ 4 October; SJ 27 September
Online Published Date:  01 November 2002

Benchmark costs

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Online Published Date:  01 November 2002

London or provincial solicitors?

Ryan v Tretol Group Ltd and others ([2002] All ER (D) 156 (Jul))
Online Published Date:  01 November 2002

Security after change of address

Aoun v Bahri and another ([2002] 3 All ER QBD (Com Ct))
Online Published Date:  01 November 2002

Halloran backlash

‘Which Court of Appeal do we believe?’ (Mark Harvey, New Law Journal 27 September) ‘Halloran leaves PI “unworkable”’ (Solicitors Journal, 20 September) ‘Are conditional fees finished?’ (Kerry..
Online Published Date:  01 November 2002

Claim form aide memoir

In a two-page article in the Solicitors Journal of 27 September, Gordon Exall, after examining the questions of allocation and reallocation in the light of Maguire v Molin (921/LL p91), provided a helpful aide memoir on the statement of value in a..
Online Published Date:  01 November 2002

Farewell to the allocation questionnaire?

Since 8 July 2002, a small claims pilot scheme has operated in Lincoln, Wandsworth and Wigan County Courts, pursuant to a practice direction supplementing CPR Part 27. It has been extended until the end of the year. The purpose of the pilot scheme..
Online Published Date:  01 November 2002

Family work – the way ahead

Wish-list At the President’s Interdisciplinary Conference the Rt Hon Lady Justice Hale summarised the way forward with this wish-list: get the Adoption and Children Bill right this time and, once the legislation is right, consolidate it all..
Online Published Date:  01 November 2002

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