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Revising the budget
In an article “Making it all add up” in the New Law Journal of 11 October, Costs Judge John O’Hare provided practical advice on revising a costs management budget.
He observed that costs management budgets are not costs caps;..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Tough talk and tough action
In the New Law Journal of 20 September, Mark James of Temple Gardens Chambers considered the decision in Elvanite (Litigation Letter October p. 88) and concluded that under the new regime, at the post-judgment/settlement stage, the courts will not..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Liquidator not “data controller” of its records
In re Southern Pacific Personal Loans Ltd Oakley Smith and another v Information Commissioner ChD TLR 10 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Proportionality
Willis v MRJ Rundell and Associates Ltd and another [2013] EWHC 2923 (TCC); NLJ 10 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Draconian budget sanction
Mitchell v News Group Newspapers [2013] EWHC 2355 (QB); NLJ 20 September; Litigation Funding October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
2. Conflict of laws
Schlecker (trading as Firma Anton Schlecker) v Boedeker C-64/12 [2013] All ER (D) 23 (Oct); NLJ 11 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Begging letters
A solicitor advising a client who had made a much publicised fortune on a property transaction expressed his concern about begging letters. The client responded, “That’s no problem, I shall continue to write..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
3. Employment – illness
European Commission v Strack C-579/12 [2013] All ER (D) 203 (Sep); NLJ 4 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
5. Insolvency – Debtor subject to insolvency proceedings
Van Buggenhout and another v Banque Internationale a Luxembourg SA C-251/12, 19 September 2013; NLJ 11 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
QOCS for libel
The Ministry of Justice (MoJ) has announced that judges can apply one-way costs shifting to defamation cases from April 2014.
The MoJ said that implementation of the reform would coincide with an end to recoverability of conditional fee insurance..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Child residence jurisdiction
A v A and another (Children: Habitual Residence) SC TLR 15 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
4. Employment – employer not bound by agreement
Alemo-Herron v Parkwood Leisure Ltd (C-426/11) EU Court of Justice (Third Chamber) TLR 2 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Judicial appointment
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
New justice minister
A former city solicitor was appointed justice minister in David Cameron’s recent cabinet reshuffle.
Shailesh Vara, MP for North West Cambridge, replaces Helen Grant, who has been moved sideways to the Department for Culture, Media and Sport..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Court statistics
Civil
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Colour relevant to infringement
Specsavers International Healthcare Ltd and others v Asda Stores Ltd; EU Court of Justice (Case C-252/12); TLR 1 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Unfair dismissal compensation
..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Signposting to LeO
A new “signposting” pack helps practitioners to meet the requirements to signpost clients to the Legal Ombudsman. There is a requirement under section 112 of the Legal Services Act and Chapter 3.2 of the Scheme Rules to inform customers..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Admissibility of expert evidence reviewed
Rogers and another v Hoyle [2013] EWHC 1409 (QB), [2013] All ER (D) 21 (Sep); Queen’s Bench Division, Leggatt J, 25 May 2013; NLJ 13 September
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Payment on account
Fenty and others v Arcadia Group and another: Chancery Division: 25 September 2013; LSG 30 September
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Offshore assets – the corporate veil
M v M and others [2013] EWHC 2534 (Fam), [2013] All ER (D) 133 (Aug); NLJ 11 October Robert Hines
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
6. Trademarks
Martin Y Paz Diffusion SA v Depuydt and another C-661/11 [2013] All ER (D) 208 (Sep); 4 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Compensation
Bates v Cumbria County Council and another LSG 2 September
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Small claims increase
In an article ‘Branching out’ in the New Law Journal of 11 October David Marshall wrote:
“The small claims track limit for non-personal injury and housing claims has risen which will reduce the number of cases where legal costs..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Demise of the single joint expert?
New Law Journal 18 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Baker v Hallam Estates Ltd and another [2013] EWHC 2668 (QB), [2013] All ER (D) 40 (Sep)
Baker v Hallam Estates Ltd and another [2013] EWHC 2668 (QB), [2013] All ER (D) 40 (Sep)
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Summary judgment
Sargespace Ltd v Eustace [2013] EWHC 2944 (QB), [2013] All ER (D) 26 (Oct); NLJ TLR 11 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Provisional assessment
CPR 47(5) was amended on 1 October to provide as follows: “In proceedings which do not go beyond provisional assessment, the maximum amount the court will award to any party as costs of the assessment (other than the costs of drafting the bill..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
CHAPS
Tidal Energy Ltd v Bank of Scotland plc [2013] EWHC 2780 (QB), [2013] All ER (D) 214 (Sep); NLJ 4 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Denial
London Steam Ship Owners Mutual Insurance Association Ltd v Kingdom of Spain [2013] EWHC 2840 (Comm), [2013] All ER (D) 196 (Sep); NLJ 4 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Medical practitioner
Malik v General Medical Council [2013] All ER (D) 24 (Oct), [2013] EWHC 2902 (Admin); NLJ 11 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
By third parties
There were two helpful articles about third party funding in the Solicitors Journal, each containing a summary of factors to be considered. First was Kerry Underwood on 17 September in which he suggested that third party funders could help smaller..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Particulars of claim
Credit Suisse AG v Arabian Aircraft and Equipment Leasing Co EC and others [2013] All ER (D) 27 (Oct), [2013] EWCA Civ 1169; NLJ 11 October
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Intellectual Property Enterprise Court
On 1 October, the Crime and Courts Act 2013 abolished the Patents County Court and replaced it with the Intellectual Property Enterprise Court as a free-standing specialist list in the Chancery Division with extended jurisdiction over all..
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01 November 2013
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Volume 32 No. 9 - 29 October 2013
Costs “much more” than litigation
Speaking to property arbitrators at the ARBRIX Annual Conference Lord Neuberger, president of the Supreme Court, suggested that arbitration costs may in fact be greater than those incurred in litigation.
“Cost was said to be [a] reason..
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
After-the-event premium
Kelly and another v Black Horse Ltd [2013] EWHC B17 (Costs), Master Hurst. PI Costing 23 October
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Civil Procedure Rule 3.9
Michael and another v Middleton and another [2013] All ER (D) 124 (Oct); NLJ 18 October
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Appeal
Graham v University College London Hospitals NHS Foundation Trust and others UKEAT/0130/13/LA, [2013] All ER (D) 58 (Oct); NLJ 25 October
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Chancery Division
A fresh approach
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Personal Injury
Claims management companies
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Security for costs
Diag Human SE v Czech Republic [2013] EWHC 3190 (Comm), [2013] All ER (D) 309 (Oct); NLJ 8 November
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
The price of exaggeration
Barbari Fari, now 59 years old, sued Homes for Haringey for £750,000 after she tripped on an uneven paving and twisted her knee in May 2008.
The organisation, which manages council housing in the London borough, admitted liability and..
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Judicial Appointment
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Nature of non-delegable duty of care
Woodland v Swimming Teachers Association and others [2011] EWHC 2631 (QB), SC TLR 1 November; NLJ 1 November; LSG 28 October
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Tribunal claims
According to the Solicitors Journal of 30 October, employment lawyers reacted cautiously to new figures from the MoJ suggesting that the number of employment tribunal claims fell from the average of 4,000 to only 1,000 last month, a quarter of the..
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Religious belief and secular law
Sir James Munby, president of the Family Division speaking at the Law Society’s Family Law Section conference on 29 October said, “We sit as secular judges serving a multi-cultural community of many faiths, sworn to do justice ‘to..
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Section 68 of the Arbitration Act 1996
Primera Maritime (Hellas) Ltd and others v Jiangsu Eastern Heavy Industry Co Ltd and another [2013] EWHC 3066 (Comm), [2013] All ER (D) 172 (Oct);NLJ 25 October
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Fiduciary duty of directors
Madoff Securities International Ltd (in liquidation) v Raven and others [2013] EWHC 3147 (Comm), [2013] All ER (D) 216 (Oct); NLJ 1 November
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
What’s in a name?
Gary Slapper’s Weird Cases The Times7 November
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Small claims limit for whiplash
In the words of the Solicitors Journal, the Justice Secretary Chris Grayling has bowed to pressure, particularly from the transport select committee, and has decided not to increase the small claims limit for whiplash cases from £1,000.
In..
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Costs against unreasonable claimant
Sud v Ealing London Borough Council CA TLR [2013] EWCA Civ 949; 23 October
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Mediation down “alarmingly”
An article in the Solicitors Journal of 11 November observed that although family disputes have mostly fallen out of the scope of legal aid following the coming into force of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) in..
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Directors have residuary powers
Closegate Hotel Development (Durham) Ltd and another v McLean and others [2013] EWHC 3237 (Ch), [2013] All ER (D) 308 (Oct); NLJ 8 November
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Transparency guidelines
Reforms to allow more media access to the Family Courts can be made without new legislation, the President of the Family Division, Sir James Munby has announced.
The first step will be the introduction of the final version of practice guidance..
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Bar Standards Board was unfair
McCarthy v Visitors to the Inns of Court and another [2013] EWHC 3253 (Admin), [2013] All ER (D) 310 (Oct); NLJ 8 November
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Funding by solicitor
Harcus Sinclair (a firm) v Buttonwood Legal Capital Ltd and others [2013] EWHC 2974 (Ch), [2013] All ER (D) 134 (Oct); NLJ 25 October
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Valuation of shares
Chilukuri and another v RP Explorer Master Fund [2013] EWCA Civ 1307, [2013] All ER (D) 341 (Oct); NLJ 8 November
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Legal Services Board watches over barristers “like naughty children”
Maura McGowan QC, chairman of the Bar Council has criticised the Legal Services Board (LSB) for failing to improve standards while creating more “obstacles” for barristers. Addressing delegates at the Annual Bar Council Conference last..
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Solicitors’ retainer
Bentine v Bentine CH/2012/0628 17/10/2013; PI Costing Ltd [2013] EWHC 3098 (Ch); 13 November
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Failure to respond
PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288, [2013] WLR (D) 405; NLJ 1 November
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Guideline hourly rates review
The costs sub-committee of the Civil Justice Council has launched an on online survey of law firms which will mark the start of the Master of the Rolls’ review of guideline hourly rates (GHRs). Here are some of the questions the chairman of..
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22 November 2013
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Volume 32 No. 10 - 22 November 2013
Son’s estate entitled to benefit
Fox v British Airways plc CA TLR 17 October
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22 November 2013
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Volume 32 No. 10 - 22 November 2013