i-law

Litigation Letter

Which of two regimes?

Bouhadi v Breish [2016] EWHC 602 (Comm), [2016] All ER (D) 167 (Mar) NLJ 25 March

Online Published Date:  09 May 2016

CPR Part 36: concessions and intentions

Jockey Club Racecourse Limited v Willmott Dixon Construction Limited [2016] EWHC 167 (TCC). Report by Masood Ahmed in the Law Society Gazette 11 April

Online Published Date:  09 May 2016

Solicitors Regulation Authority Handbook

The SRA Handbook sets out the standards and requirements the regulated community is expected to achieve and observe, for the benefit of the clients they serve and in the public interest.
 The sixteenth version of the Handbook was..
Online Published Date:  09 May 2016

Clinical round-up

A two page up-to-date review by Jock Mackenzie of recent medical case law particularly claims concerning delayed treatment and incorrectly performed operations. It has the benefit of Dr Mackenzie having the dual qualification of being a doctor of..
Online Published Date:  09 May 2016

European Union quiz

According to the April issue of The Oldie, practically all of us know practically nothing about the European Union. If you think you are an exception it invites you to test yourself on what it describes as “some of the most elementary..
Online Published Date:  09 May 2016

It’s a man’s world

One hundred children aged between seven and 11 were asked to draw a nurse, a builder, a banker and a lawyer. Unsurprisingly 88% drew builders as male, 81% drew nurses as female and 80% depicted bankers as male. However 35% of the children showed..
Online Published Date:  09 May 2016

Committal

Swindon Borough Council v Webb trading as Protective Coatings [2016] EWCA Civ 152, [2016] All ER (D) 147 (Mar) NLJ 8 April

Online Published Date:  09 May 2016

Production order

R (on the application of Watch Tower Bible & Tract Society of Britain) v Charity Commission [2016] EWCA Civ 154, [2016] All ER (D) 129 (Mar) NLJ 25 March

Online Published Date:  09 May 2016

Defendants not covered by moratorium

Mortgage Debenture Ltd v Chapman and Others CA TLR 11 April

Online Published Date:  09 May 2016

Summary judgment

Goldman Sachs International v Videocon Global Ltd and another [2016] EWCA Civ 130, [2016] All ER (D) 151 (Mar) NLJ 8 April

Online Published Date:  09 May 2016

Budgeting

“Costs budgeting simply doesn’t work”, say Charles Auld & Kate Harrington in the New Law Journal of 25 March.
 “At first sight, costs budgeting appears an attractive solution; restricting the costs that parties..
Online Published Date:  09 May 2016

Hague Convention

Ciccone v Ritchie (No 1) [2016] EWHC 608 (Fam), [2016] All ER (D) 189 (Mar) SJ 29 March; NLJ 8 April

Online Published Date:  09 May 2016

Mediation flop

A government policy aimed at promoting family mediation as the preferred way of settling disputes over parenting, finance, and property has failed, new figures show.
 Under the Children and Families Act, April 2014 mediation information..
Online Published Date:  09 May 2016

Not idea or invention

Magmatic Ltd v PMS International Group plc (Comptroller General of Patents, Designs and Trade Marks intervening) [2016] UKSC 12; TLR 25 March; SJ 15 and 29 March; NLJ 11 March.

Online Published Date:  09 May 2016

Mis-selling financial products

CGL Group Ltd v Royal Bank of Scotland [2016] EWHC 281 (QB); SJ 24 March

Online Published Date:  09 May 2016

Default on “unless” order

Oak Cash and Carry Ltd v British Gas Trading Ltd [2016] EWCA Civ 153, [2016] All ER (D) 128 (Mar).LSG 15 March

Online Published Date:  09 May 2016

“All reasonable endeavours”

Bristol Rovers (1883) Ltd v Sainsbury’s Supermarkets Ltd [2016] EWCA Civ 160; SJ 12 April

Online Published Date:  09 May 2016

A life in the day

Athelstane Aamodt shares a walk through chambers

Online Published Date:  09 May 2016

“Abhorrent” overcharging

Edgar Stephen George Thomas, a sole practitioner who admitted having no understanding of accounts rules who had not updated his “rubbish” client care letter for a decade, has been struck off for overcharging clients. He was charged by..
Online Published Date:  09 May 2016

Handbook slashed from 600 to 50 pages

Law Society Gazette 23 March

Online Published Date:  09 May 2016

Court lenient over seven-day delay in filing costs budget

Murray v BAE Systems PLC; LSG 5 April

Online Published Date:  09 May 2016

Certifying as “totally without merit”

Wasif v The Secretary of State for the Home Department [2016] EWCA Civ 82
; Hossain v Secretary of State for the Home Department CA TLR 4 April

Online Published Date:  09 May 2016

Media’s ability to report case involving children too wide

In re W (Children) (Care Proceedings: Publicity) CA TLR 7 April

Online Published Date:  09 May 2016

Sorting Out Finances on Divorce

The Family Justice Council has launched a new guide to help litigants in person (LiP) reach financial agreements without the need to go to court.
 Sorting Out Finances on Divorce is aimed at demystifying any complexities in the areas of..
Online Published Date:  09 May 2016

Income tax

Revenue and Customs Commissioners v Apollo Fuels Ltd and others [2016] EWCA Civ 157, [2016] All ER (D) 170 (Mar) NLJ 8 April

Online Published Date:  09 May 2016

Financial relief

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) [2016] EWCA Civ 176, [2016] All ER (D) 197 (Mar) NLJ 8 April

Online Published Date:  09 May 2016

Civil Procedure Rules

“Changes galore”

Online Published Date:  09 May 2016

Employers’ liability for asbestos exposure

Heneghan v Manchester Dry Docks Ltd and Others CA TLR 1 April; SJ 1 March

Online Published Date:  09 May 2016

How to assess

Bacciottini and another v Gotelee and Goldsmith (a firm) [2016] EWCA Civ 170 CA SJ 29 March

Online Published Date:  09 May 2016

Advocacy fees for case settled on the day

Mendes v Hochtief (UK) Construction Ltd, QBD LSG 4 May
Online Published Date:  31 May 2016

Privacy costs case heading to Supreme Court

8 Representative Claimants & Others v MGN Ltd, CA, LSG 22 April
Online Published Date:  31 May 2016

Non-disclosure

National Crime Agency v Simkus [2016] EWHC 728 (Admin), [2016] All ER (D) 47 (Apr); NLJ 15 April
Online Published Date:  31 May 2016

Case fees to be hiked by up to 500%

LSG 21 April
Online Published Date:  31 May 2016

Detention not authorised

R (on the application of Gomes) v Secretary of State for the Home Department [2016] EWCA Civ 373, [2016] All ER (D) 83 (Apr) NLJ 29 April
Online Published Date:  31 May 2016

Transfer and settlement set aside

Van der Merwe v Goldman and another [2016] EWHC 790 (Ch), [2016] All ER (D) 67 (Apr) NLJ 22 April
Online Published Date:  31 May 2016

No waiver in £6.6m fee dispute

Dechert v ENRC CA LSG 20 April
Online Published Date:  31 May 2016

“Cyanide” and “Preacher”.

Re C (Children) (Care: Change of forename) [2016] EWCA Civ 374, [2016] All ER (D) 113 (Apr) NLJ 29 April
Online Published Date:  31 May 2016

Lasting Power of Attorney suspended

Re YW [2016] EWCOP 18, [2016] All ER (D) 45 (Apr) NLJ 15 April
Online Published Date:  31 May 2016

No power to transfer to Small Claims Track

Phillips v Willis [2016] EWCA Civ 401 22 March; LSG 2 May
Online Published Date:  31 May 2016

Mis-selling financial products

CGL Group Ltd v Royal Bank of Scotland [2016] EWHC 281 (QB) SJ 24 March 2016
Online Published Date:  31 May 2016

Profit à prendre

Lynn Shellfish Ltd and another v Loose and another [2016] UKSC 14, [2016] All ER (D) 75 (Apr) NLJ 29 April
Online Published Date:  31 May 2016

Life after bench

..
Online Published Date:  31 May 2016

Spread costs

Transocean Drilling UK Ltd v Providence Resources Plc (The Arctic III) [2016] EWCA Civ 372, [2016] All ER (D) 68 (Apr) NLJ 29 April
Online Published Date:  31 May 2016

Dishonesty

Goldtrail Travel Ltd (in Liquidation) v Aydin and others [2016] EWCA Civ 371, [2016] All ER (D) 91 (Apr); NLJ 22 April
Online Published Date:  31 May 2016

Anti-corruption statement by professional bodies

A group of professional bodies spanning law and accountancy today pledged to continue their work to tackle bribery, corruption, tax evasion, money laundering and the financing of international terrorism, as leaders from across the world gather in..
Online Published Date:  31 May 2016

Inhuman or degrading treatment

Regina (Al-Saadoon and others) v Secretary of State for Defence (No 2) [2016] EWHC 773 (Admin) All ER (D) 25 (Apr) QBD; NLJ 22 April; SJ 26 April
Online Published Date:  31 May 2016

Failure to prosecute

Armani Da Silva v United Kingdom (App. No. 5878/08) [2016] ECHR 5878/08, [2016] All ER (D) 26 (Apr); NLJ 22 April
Online Published Date:  31 May 2016

Human Fertilisation – 1

Re the Human Fertilisation and Embryology Act 2008 (Case I) [2016] EWHC 791 (Fam), [2016] All ER (D) 70 (Apr)NLJ 29 April
Online Published Date:  31 May 2016

Damages for false imprisonment

R (on the application of Santos) v Secretary of State for Home Department [2016] EWCA Civ 371, [2016] All ER (D) 91 (Apr) NLJ 22 April
Online Published Date:  31 May 2016

Paternity testing

Spencer v Anderson (Paternity Testing: Jurisdiction) [2016] EWHC 851 (Fam), [2016] All ER (D) 140 (Apr); NLJ 6 May
Online Published Date:  31 May 2016

Human Fertilisation – 2

In re G (Human Fertilisation and Embryology Act 2008) [2016] EWHC 729 (Fam) 23 Feb, SJ 20 April SJ 20 April
Online Published Date:  31 May 2016

MoJ asks for more

Law Society Gazette 20 April
Online Published Date:  31 May 2016

Collective investment

Asset Land Investment plc and another v Financial Conduct Authority [2016] UKSC 17, [2016] All ER (D) 131 (Apr); NLJ 6 May
Online Published Date:  31 May 2016

Paris hails record year

Law Society Gazette 11 May
Online Published Date:  31 May 2016

Immigration

R (on the application of Nouazli) v Secretary of State for the Home Department [2016] UKSC 16, [2016] All ER (D) 133 (Apr); NLJ 6 May
Online Published Date:  31 May 2016

1. No retreat by government

Law Society Gazette 4 May by John Hyde
Online Published Date:  31 May 2016

End “deadlock” on new bill of costs

LSG 21 April
Online Published Date:  31 May 2016

Full costs for partial success

Webb v Liverpool Women’s NHS Foundation Trust [2016] EWCA Civ 365, [2016] All ER (D) 103 (Apr) LSG 15 April; NLJ 6 May; SJ 10 May
Online Published Date:  31 May 2016

Plans to end “trivial” injury claims “utterly groundless”

Solicitors Journal 4 and 10 May by Neil Sugarman and John van der Luit-Drummond
Online Published Date:  31 May 2016

Provision in staff handbook

Sparks and others v Department for Transport [2016] EWCA Civ 360; [2016] All ER (D) 94 (Apr); SJ 4 May; NLJ 6 May
Online Published Date:  31 May 2016

Fraudulent claim

Solicitors Journal 18 April
Online Published Date:  31 May 2016

Tax credit

Prudential Assurance Co Ltd v Revenue and Customs Commissioners [2016] EWCA Civ 376, [2016] All ER (D) 143 (Apr) NLJ 6 May
Online Published Date:  31 May 2016

Houseboat was not an “unregistered vessel”

Environment Agency v Gibbs and another [2016] EWHC 843 (Admin), [2016] All ER (D) 106 (Apr) NLJ 6 May
Online Published Date:  31 May 2016

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