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Forum non conveniens
Cherney v Deripaska [2008] EWHC 1530 (Comm) 3 July
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Litigation privilege
West London Pipeline and Storage Ltd v Total UK Ltd [2008] EWHC 1729 (Comm); [2008] All ER (D) 294 (Jul)
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Claim not contingent on loss
Shore v Sedgwick Financial Services Ltd and another CA TLR 12 August
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Time runs from when injury is suffered
Spencer v Secretary of State for Work and Pensions; Moore v Secretary of State for Transport and another CA TLR 24 July
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01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Public examination in private
Re Rottmann (a bankrupt) ChD TLR 16 July
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01 October 2008
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Volume 27 No. 8 - 01 September 2008
Abandoning domicile of choice
Barlow Clowes International Ltd (in liquidation) and others v Henwood CA TLR 18 June
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Anti-suit restraint
Masri v Consolidated Contractors International Co SAL and another (No 3) CA TLR 25 June
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Right to private life
Mosley v News Group Newspapers Ltd [2008] EWHC 1777 QBD; [2008] All ER (D) 322 (Jul); TLR 30 July; NLJ 1 August p1112
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Deferred clean break payment unfair
Milton v Milton [2008] EWCA Civ 926 17 July
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Residence, contact and domestic violence
The President of the Family Division’s Practice Direction of 9 May, Residence and Contact Orders: Domestic Violence and Harm, applies to any family proceedings in the High Court, a county court or a magistrates’ court in which an..
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Standard of proof
In re B (Children) (Care Orders: Standard of Proof) H of L TLR 12 June
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Between-the-parties costs
RH v RH (Costs) (Adjustment for Gross Disparity) [2008] EWHC 347 (Fam), [2008] All ER (D) 67 (Apr)
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Police negligence
Smith v Chief Constable of Sussex Police H of L TLR 4 August
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01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Vicarious punch
Gravil v (1) Richard Carroll (2) Redruth Rugby Football Club [2008] EWCA Civ 689 18 June
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Break in chain of causation
Gray v Thames Trains Ltd and another CA TLR 9 July
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Duty to child on bouncy castle
Harris v Perry and another [2008] EWCA Civ 907 31 July
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Death benefits disregarded
Arnup v MW White Ltd CA TLR 25 June
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Colour-coded gowns
Practice Direction (Court Dress) (No 5) dated 31 July 2008 provides that from 1 October the court dress to be worn by the judiciary of England and Wales exercising civil jurisdiction when sitting in court, whether in public or private, except where..
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Protective costs orders
R (on the application of Compton) v Wiltshire Primary Care Trust [2008] EWCA Civ 749
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
No-win no-fee arrangements
Announcing a feasibility and scoping study into the operation of no-win no-fee arrangements in England and Wales, the justice minister, Bridget Prentice, said:
‘We are aware of growing concerns that no-win no-fee arrangements may not always be..
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Against non-party
Oriakhel v (1) Vickers (2) Groupama Insurance Co Ltd (3) Khan (4) Graham Coffey & Co (a firm) [2008] EWCA Civ 748, 4 July
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Retainer is an entire contract
Richard Buxton (Solicitors) v Huw Llewellyn Paul Mills-Owens [2008] EWHC 1831 (QB) 28 July
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Pre-action costs
Lobster Group Ltd v (1) Heidelberg Graphic Equipment Ltd (2) Close Asset Finance Ltd [2008] EWHC 413 QBD (TCC) 6 March
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Costs follow the event at sea
‘Krysia’ Maritime Inc v Intership Ltd [2008] EWHC 1880 (Admlty) [2008] All ER (D) 12 (Aug); NLJ 8 August 2008 p1148
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Awaiting European decision
Johns v Solent SD Ltd CA TLR 27 June
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01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Files for Court of Appeal
Leofelis SA and another v Lonsdale Sports Ltd and others [2008] EWCA Civ 640; [2008] All ER (D) 87 (Jul); NLJ 18 July p 1041
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Practice direction: Uncontested proceedings
Uncontested applications in the Administrative Court will now be dealt with under a procedure announced by Mr Justice Collins in the Queen’s Bench Division on 3 June, which replaces that set out in Practice Direction (Crown Office list:..
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
Case-track limits and the claims process for personal injury claims
The long-awaited and much heralded government proposals for the reform of personal injury litigation have united claimant and defendant solicitors alike in their condemnation of what is proposed and what is not. In its editorial of 24 July the Law..
Online Published Date:
01 October 2008
Appeared in issue:
Volume 27 No. 8 - 01 September 2008
‘Costs incurred and thrown away by’
Richardson Roofing Co Ltd v Ballast plc (Dissolved) and others [2008] EWHC 1806 (TCC)
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Failure to mitigate
Uzinterimpex JSC v Standard Bank plc CA TLR 12 August
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Exaggeration of injuries
Kirk v Walton [2008] EWHC 1780
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Forseeability
Transfield Shipping Inc v Mercator Shipping Inc [2008] UKHL 48; [2008] All ER (D) 117 (Jul)
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Discount for mortality
Crofts v Murton [2008] ALL ER (D) 25 (Sep) QBD
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Draft costs-capping rules
Following the decision in Willis v Nicolson [2007] EWCA Civ 199, 26/LL p40, that it was for the Civil Procedure Rules Committee (CPRC) and not the judiciary to produce costs capping rules the CPRC has published draft amendments to CPR Part 44 and..
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Co-existing negligent and non-negligent causes
Bailey v Ministry of Defence and another [2008] EWCA Civ 883 TLR 26 August
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Fraudulent claim
(1) Wasim Ul-Haq (2) Samara Khatoon (3) Zahida Parveen v Anita Shah [2008] EWHC 1896 QBD Birmingham 31 July
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
PUWER liability
Spencer-Franks v Kellogg Brown & Root Ltd and others [2008] UKHL 46
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
£4 million for broken leg
Collett v (1) Smith and (2) Middlesbrough Football & Athletics Company (1986) Ltd [2008] EWHC 1962 QBD
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Absolute privilege
Westcott v Westcott CA TLR 27 August
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Offer of amends
Tesco Stores Ltd v Guardian News & Media Ltd and another QBD SJ 9 September; LSG 11 September p24
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Duty of care
Poppleton v Trustees of the Portsmouth Youth Activities Committee [2008] EWCA Civ 646, [2008] All ER (D) 150 (Jun); NLJ 15 September p1209
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
‘No case to answer’ inappropriate
In re R (Family Dispute: Evidence) CA TLR 29 August
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Judge meeting the child
Re W [2008] EWCA Civ 538, [2008] ALL ER (D) 258 (May)
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Shared residence
Re A (a child) (joint residence: parental responsibility) [2008] EWCA Civ 867, [2008] 3 FCR 107
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
McKenzie friends
Re N (a child) sub nom A v (1) G and another Family Division 20 August 2008
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Pro bono charity
Under s194 of the Legal Services Act 2008, which came into force on 1 October, the Access to Justice Foundation, a new national charity, will receive the costs ordered to be paid when the successful party is represented wholly or partly pro bono...
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Divorce boom
According to The Lawyer of 22 September, the credit crunch has resulted in a significant increase in the number of women seeking advice on divorce proceedings. Men also are seeking advice on how to prevent their ex-wives from accessing their..
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Proprietary estoppel
RFQ v MJQ and FBQ [2008] EWHC 1874 (Fam); SJ 23 September
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Jurisdiction over children
Bush v Bush [2008] EWCA Civ 865, [2008] ALL ER (D) 320 (Jul), NLJ 5 September p1507
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Constructive knowledge
A v Wirral Metropolitan Borough Council [2008] EWCA Civ 783
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Pre-judgment debts
The Ministry of Justice has rejected the Law Commission’s recommendation that courts should be given the power to award compound interest on pre-judgment debts, despite the judgment of the House of Lords in Sempra Metals v Inland Revenue..
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Credit crunch
Aspinall’s Club Ltd v Al-Zayat [2008] EWHC 2101 (Comm) [2008] ALL ER (D) 13 (Sep)
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Higher rights of audience
The Solicitors Regulation Authority (SRA) is not to proceed with its plan to introduce a voluntary accreditation scheme for solicitors appearing in the higher courts following opposition from 2/3rd of those whom it consulted, including the Lord..
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Service
..
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Failure to implement EU community law
Spencer v Secretary of Work & Pensions; Moore v Secretary of State for Transport and another [2008] EWCA Civ 750
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Knowledge of significance
Field v British Coal Corporation (Department for Business Enterprise & Regulatory Reform) [2008] EWCA Civ 912
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Setting aside notice of discontinuance
Sheltam Rail Company (Proprietary) Ltd v Mirambo Holdings Ltd and another [2008] EWHC 829 (Comm); [2008] Lloyd’s Rep 2 195
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Admitting fresh evidence
Lifely v Lifely CA TLR 27 August
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Review of costs reviews
Can there ever have been so many investigations into the future of costs undertaken at the same time? Here is a summary.
• The Advisory Committee on Costs set up by the Ministry of Justice (MoJ) chaired by Professor Stephen Nickell. It is..
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
Terminating the retainer
Richard Buxton (Solicitors) v Huw Llewellyn Paul Mills-Owens [2008] EWHC 1831 (QB) 28 July
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008
47th update
All the amendments included in this update came into force on 1 October with the following exceptions: Part 78 in relation to European Order for Payment comes into force on 12 December, and Part 78 in relation to European Small Claims Procedure..
Online Published Date:
27 October 2008
Appeared in issue:
Volume 27 No. 9 - 01 November 2008