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Acceptance by solicitors
Firstdale Ltd v Quinton QBD TLR 27 October
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01 December 2004
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Shareholders’ remedy is by petition
Bamber v Eaton and others ChD TLR 22 October
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Restraining persons unknown from breach of planning law
South Cambridgeshire District Council v Persons Unknown CA TLR 11 November
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
No pre-publication injunction
Cream Holdings Ltd and others v Banerjee and others [2004]UKHL 44
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Gypsies
We reported the Court of Appeal’s decision that gypsies were entitled to remain living in their mobile homes despite breach of the planning laws (First Secretary of State and others v Chichester District Council, 23/LL p104). The reaction of..
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
DCA Select Committee
The remit of the Constitutional Affairs Select Committee is to examine whether the family court system is being run effectively; whether family court judges have sufficient powers; the problem of delays; and whether people using family courts are..
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Disclosure of solicitors’ file
Kimber v Brookman Solicitors [2004] 2 FLR 221
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Ancillary relief reform
The Department for Constitutional Affairs, in collaboration with the President’s Ancillary Relief Advisory Group and the Family Appeals Review Group, has published a consultation paper, Costs in Ancillary Relief Proceedings and Appeals in..
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Mediation
al-Khatib v Masry CA TLR 21 October
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Child abduction
Cannon v Cannon CA TLR 28 October
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01 December 2004
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Children overrule equality
Deakin v Deakin [2004] FD LTL 21 June; Family Law Journal October
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Temporary removal of child
In re Auld (child: temporary removal from jurisdiction) CA TLR 10 November
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
e-disclosure
A recent Commercial Court Users Committee working party report proposes that, in respect of emails and electronic documents in civil proceedings, solicitors should provide more details to their opponents of precisely what searches have been carried..
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Legal advice privilege
Three Rivers District Council and others v Governor and Company of the Bank of England (No 6) HL TLR 12 November
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
No ban on prior publication
Greene v Associated Newspapers Ltd CA TLR 10 November
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
‘Mind the step’
Home Office v Lowles [2004] EWCA Civ 985
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Failure to complete house
Gemma Ltd v Gimson and another [2004] EWHC 1982 (TCC); [2004] All ER (D) 59
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Date of assessment
Collins Stewart Ltd and another v The Financial Times Ltd QBD LSG 11 November
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Tackling the ‘compensation culture’
In its response to the Better Regulation Task Force (BRTF) report, Better Routes to Redress, the Government states that claims management companies offering ‘no win no fee’ deals have one last chance to get their house in order. To..
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Liability for highway layout
Thompson (Fiona) v Hampshire County Council [2004] EWCA Civ 1016; TLR 14 October
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Ice on roads
Sandhar and another v Department of Transport, Environment and the Regions CA TLR 15 November
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Duty to warn of risk
Chester v Afshar [2004] UKHL 41; HL TLR 19 October
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Lost chance
Gibson v Clement Jones Solicitors (a firm) [2004] All ER (D) 127
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
NHS injury costs recovery
The Government has published draft regulations for the NHS Injury Costs Recovery Scheme, extending it to cover recovery of costs from insurance companies for treating patients in all cases where personal injury compensation is paid, in addition to..
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Brief fee
XYZ v Schering Health Care SCCO Costs Appeal No 9 of 2004
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01 December 2004
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Additional liability recovery
At the Auckland round table discussion (above) the senior costs judge, Peter Hurst, said it must be faced that we may have to change the system of allowing success fees and insurance premiums to be recovered between the parties. Although many..
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Costs-capping
At a round table discussion on civil justice issues in Auckland, the Master of the Rolls said that crude costs-capping in multi-track civil litigation cases would be ‘rough justice’, but it could be the only method of reining in the..
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Order against expert witness
Phillips and others v Symes and others ChD TLR 5 November
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Order against third party
Bournemouth & Boscombe Athletic Football Club Ltd v Lloyds TSB Bank plc [2004] EWCA Civ 935
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Publicly funded costs set-off
R (Burkett) v Hammersmith and Fulham LBC (No 2), Law Society and Legal Services Commission intervening CA TLR 20 October, LSG 4 November
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Fixed employers’ liability success fees
Commenting on the introduction of fixed success fees in non-disease employers’ liability cases (23/LL p98), David Urpeth of Berwin Mitchell wrote in Personal Injury Compensation for November on two issues arising:
‘Firstly, on cases..
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Attendance by video-link
Babbings v Kirklees Metropolitan Council CA TLR 4 November
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Post-writ contractual interest
Habib Bank Ltd v Dawood CA SJ 22 October
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Judicial review or ordinary action?
Phonographic Performance Ltd v Department of Trade and Industry and another ChD TLR 27 August
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01 December 2004
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Volume 23 No. 10 - 01 December 2004
Offer without payment-in
Crouch v Kings Healthcare NHS Trust; Murry v Blackburn Hyndburn and Ribble Valley Healthcare NHS Trust CA TLR 9 November
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01 December 2004
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Volume 23 No. 10 - 01 December 2004