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Order was Disproportionate
Keith v CPM Field Marketing Ltd (TLR 29 August CA)
Online Published Date:
01 October 2000
Appeared in issue:
Volume 19 No. 8 - 01 October 2000
STATE FUNDING
The Lord Chancellor’s Department’s consultation paper on Financial Conditions in Civil Cases proposes that the rule about current disposable capital will be changed so that applicants with over £3,000 of equity in their home (the..
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Order Set Aside for Defects
Gadget Shop Ltd v Bug.Com Ltd and others (TLR 28 June CH D)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Changing Defendant’s Name
Gregson v Channel Four Television Corporation (TLR 11 August CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Relying on Counsel’s Advice
Oakes v Hopcroft (CLW 15 September CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Denial of Justice Relevant to Forum
Lubbe and others v Cape plc and Related Appeals (TLR 20 July H of L)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Forum Non-Conveniens
Ace Insurance SA-NV v Zurich Insurance Company and another (TLR 6 September QBD)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Enforcement Review
The first phase of the Lord Chancellor’s Review of Enforcement announced in March 1998 has concluded with the basic finding that the need for the level of information available to the courts and creditors should be improved, so that the most..
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Reciprocal Enforcement in Austria, Finland, Sweden and Poland
The Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000 Made 12 July 2000
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Summary Disposal
James v Evans (TLR 2 August CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
JUDGES
Litigation Delay Insurance
Online Published Date:
01 October 2000
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Volume 19 No. 8 - 01 October 2000
International Consistency
State of Brunei Darussalam v Bolkiah (TLR 5 September Ch D)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Implacable Opposition to Contact
H (A Child: Indirect Contact) (CLW 25 August CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
New Human Rights and Pension Rules
The Family Proceedings (Amendment) Rules 2000 amend the Family Proceedings Rules 1991 in two main respects. Rule 10 inserts a new rule 10.26, providing a procedural code for cases concerning the Human Rights Act 1998 including the requirement that..
Online Published Date:
01 October 2000
Appeared in issue:
Volume 19 No. 8 - 01 October 2000
Supervising Incapable Adult
In Re F (Adult: Courts Jurisdiction) (TLR 26 June CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Family Law Act Lacuna
Nwogbe v Nwogbe (TLR 11 July CA)
Online Published Date:
01 October 2000
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Volume 19 No. 8 - 01 October 2000
Human Rights
In Re F (Minors) (Care Proceedings: Contact) (TLR 22 June FD)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Fresh Evidence After Judgment
Townsend v Achilleas (CLW 25 August CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Facilitated Communication Not Reliable
In Re D (A Child) (Evidence: Facilitated Communication) (TLR 26 July FD)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Using Other Party’s Witness Statement
Society of Lloyd’s v Jaffray and others (TLR 3 August QBD)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Witness Immunity for Evidence Not Actions
Docker and others v Chief Constable of West Midlands Police (TLR 1 August H of L)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Interest Remains at 2%
Lawrence v Chief Constable of Staffordshire (TLR 25 July CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Councils Liable for Special Needs Failure
Phelps v Hillingdon LBC and Associated Cases (TLR 28 July H of L)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Compensation is for Financial Not Emotional Loss
Thomas v Kwik Save Stores Ltd (TLR 27 June CA)
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01 October 2000
Appeared in issue:
Volume 19 No. 8 - 01 October 2000
CPR AMENDMENTS
Civil Procedure (Amendment No 4) Rules 2000
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Costs Order in Children Cases
Re W (A Child) (CLW 25 August CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Children Entitled to Legal Aid
Regina v Legal Aid Board ex parte W and others (The Independent 20 July CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Costs in a Quagmire
Speaking at the Law Society launch of Cook on Costs 2000, the first annual edition of his book (Butterworths £55) Judge Michael Cook, our general editor, said that although costs were seen as the lynch pin of the Civil Procedure Rules, they..
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01 October 2000
Appeared in issue:
Volume 19 No. 8 - 01 October 2000
Costs Mediation
Costs Judge Martin Ellis retired as a Costs Judge on 4 August and now offers his services as a Costs Mediator. The Commercial Court has added his name to their list of ADR providers. He hopes his service will assist the parties to litigation and..
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01 October 2000
Appeared in issue:
Volume 19 No. 8 - 01 October 2000
Advocacy Graduated Fee Scheme for Family Cases
The Lord Chancellor is proposing to introduce a new payment scheme for barrister advocates who undertake publicly funded family work later this year.
This brief outline of the proposals, as they currently stand is set taken from the CLS publication..
Online Published Date:
01 October 2000
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Volume 19 No. 8 - 01 October 2000
In-House Lawyers
Maes Finance Ltd v W G Edwards & Partners (CLW 21 July QBD)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Justifying Counsel’s Fees
Armitgage v Nurse (Assessment of Costs) (CLW 11 August Ch D)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Prioritising Payment of Debts
In Re Structural Concrete Ltd (TLR 5 July Ch D)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
BARRISTERS
BookCounsel. Com
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
No Immunity from Suit for Advocates
Arthur J S Hall & Co (A Firm) v Simons and Associated Cases (TLR 21 July H of L)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Cohabiting Solicitors Removed
In Re L (Minors) (Care Proceedings: Cohabiting Solicitors) (TLR 27 July FD)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Unreasonable Refusal to Agree
In Re F (Minors) (Adoption: Freeing Order) (TLR 6 July CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
Birkett v James No Longer Rules
Securum Finance Ltd v Ashton and another (TLR 5 July CA)
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
The Two Messages
Human Rights are not an alien system of law being grafted on to our own. They are a set of values which is continuous with those of the common law and which Parliament itself has voted to adopt. The approach to the Convention is through, not..
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01 October 2000
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Volume 19 No. 8 - 01 October 2000
A Structured Approach
The Strasbourg Court itself has a structured approach to the Human Rights Act, which the United Kingdom courts might usefully follow:
1. Has there been an interference with the right?
2. Is the interference lawful?
3. What are the aims of the..
Online Published Date:
01 October 2000
Appeared in issue:
Volume 19 No. 8 - 01 October 2000
The Judicial Approach
What will be the judicial approach be to human rights points? In Daniels v Walker (CA 19/LL p72) Lord Woolf said it would be unfortunate if case management decisions involved the need to refer to the learning of the European Court of Justice on..
Online Published Date:
01 October 2000
Appeared in issue:
Volume 19 No. 8 - 01 October 2000
What Will Be Its Effect?
Will there be a flood of litigation arising out of the Act? Of course there will! The late, great Joseph Jackson QC said that every piece of important new legislation meant ten years of work for the legal profession. The Daily Mail called it a..
Online Published Date:
01 October 2000
Appeared in issue:
Volume 19 No. 8 - 01 October 2000
Business as Usual
It should have come as no surprise that it was business as usual in the courts on 2 October. There was no revolution for the very good reason that in England and the English courts there is nothing revolutionary about respect, indeed reverence, for..
Online Published Date:
01 October 2000
Appeared in issue:
Volume 19 No. 8 - 01 October 2000