Litigation Courts and Human Rights

• Human Rights Feature

• Human Rights debates encouraged by recent decisions

• Injunction Damages Due to Third Parties

• Can third parties claim damages in injunction cases?

• "Without Prejudice" Definition Extended

• Discussions about job long before litigation started still Without Prejudice

• 21st Century Crown Courts

• Swifter Crown Courts

• Adjudication Feature

• You know the term, but what exactly is an "Adjudication" and does it work?

• Admission - Can It Be Withdrawn?

• A genuine mistake leading to an incorrect admission can be excusable

• Advice about Court Door Settlements

• Consilio article about costs and court door settlements

• Agreed Extensions Permissible

• Parties can overrule CPR by agreement

• Anonymity for Asylum Claimants

• Asylum seekers no longer to be put at risk by being named in court cases

• Appeals Procedure Considered When HL Decision Due

• A compelling reason fro allowing a case to proceed was the possibility that the House of Lords would make a relevant decision soon

• Arbitrations and Unfair Terms

• Unfair terms in arbitrations

• Arbitrator's Error Not His Fault

• Arbitration appeal not allowed just because of barrister's oversight

• Arbitrator's Powers Upheld

• Arbitrators shoud decide if they have jurisdiction and international arbitrations should be interpreted liberally

• Are FSA Interviews Secret?

• Parts of FSA interviews can be disclosed

• Assignment of Contract - Industrial and Friendly Societies

• Friendly Societies worry about assignment of debts

• Assured Tenant Is Tolerated Trespasser After Possession Order

• How do you treat an assured tenant after possession order?

• BCCI Case and Costs

• Another useful article from Consilio

• Bank Ignores Freezing Order - Who Pays?

• Who do you thibk should be liable for losses if a bank fails to comply with a court order?

• Bankrupt Hiding Assets Does Have Some Rights

• Notice has to be given when seeking committal of bankrupt

• Bar Council Criticises Legal Services Bill

• Bar Council speaks out on legal Services Bill

• Bar Council Replies to Carter Review

• Bar Council responds to Carter Review

• Bar Council Work Reviewed

• Bar CouncilChairman reviews his work so far

• Barristers Post 1991 Negligence

• Can a barrister for liable for an old negligence case?

• Bereaved Families Consulted About Coroners

• Coroners Court to be Revamped

• Better Ways To Get Compensation?

• Government consults on new ways to dal with PI claims.

• Blameless Rapist?

• Court powerless to avoid sentencing blameless rapist

• Boy Footballers Agents Reprieved

• Under a8 footballers and their contracts considered

• Breach of Service Rules - Lugano Convention

• Court knocks attempt to retain jurisdiction on head.

• CFA's Under Attack

• CFA lawyers seek help from Law Society

• CPR 41st Update

• The 41st Update of the CPR

• Can You Withdraw A Guilty Plea?

• Human Rights not breached by refusal to allow withdrawal of guilty plea

• Chagos Families Can Go Home?

• Islanders' rights upheld

• Childhood Defence Stays But Presumption Goes

• Change in the law about the criminality of children - no more presumption of innocence

• Client Confidentiality in Old Court Papers

• Law Society wins in court pleadings publicity case

• Company Reform "Light Touch"

• Company Law Reform Underway

• Compensation For Human Rights Breaches

• Must you be compensated fro HR breaches

• Compound Interest Is Only Justice, Says HL

• Years of tradition over-ruled in grant of compound interest in mistake case

• Conditional Fee Setback - Again

• The Court of Appeal scuppers some solicitors on CFA's

• Consilio Litigation Review

• Useful review of recent litigation points from Consilio

• Consilio View of Miners' Litigation

• Not only the Law Society and The Times dislikes the miners' litigation

• Consilio on Burma

• Jane O'Hare comments on Burma's treatment of human rights activist

• Contempt After Private Hearing Considered

• If no order is made for non-disclosure after private hearing, is it contempt to disclose?

• Control Order Victory For Government

• Home Secretary wins important victory in control order case

• Control Orders Non-Compliant

• Control Orders Criticised by Judge

• Coroners Have Unquestionable Discretion To Adjourn

• If a Coroner adjourns it is difficult to review the decision

• Coroners' Powers Increased

• Coroners' powers revised after hundreds of years

• Correct Form for Possession Order

• Court rules on form of possession order

• Costs Where There is Misconduct

• Misconduct does matter on the issue of costs, especiallly the extent of it.

• Countries Can Impose Compulsory Retirement Ages

• If Spain can impose retirement on men at 65, can the UK too?

• Court Bundles - New Rules

• More and stru=icter rules about trial prep

• Court Uses Common Sense About Home In Family Provision

• Robust court decides it can transfer a half share in house to joint tenant widow.

• Court of Appeal Has Say on Arbitrations

• Court of Appeal rules on Arbitration appeal procedure

• Court of Appeal's Guidance on Enforcement Abroad

• Insolvency in EU Companies

• Court's Delay Not Invalidate Claim

• A court's failure to issue on time did not invalidate claim

• Court's Discretion Over Part 36 Very Wide

• Unusual part 36 case involved fighting solicitors trying to get one over on each other

• Court's Powers Of Own Motion

• Judges Have wide discretion, even of own motion

• Crime Cases April 13

• Standard of prroof for Control Orders and Procedural Defects Over-Ridden

• Criminal Client Loses Spread Betting Firm A Bundle

• Spread bet by employee not responsibility of employer

• Criminal Evidence in Jamaican Murder Case

• Statements of Absent Witnesses - allowable or not?

• Crystal Meth Even Harder

• Government acts on crystal meth.

• Cypriot Land Deal in English Courts

• Greek Cypriot fails in case about land in Turkish Cyprus

• Dam Bursts On Netherlands Libel Action

• Suing a Nederlands bank for libel in the UK does not work

• Decisive Hearsay Not Make Trial Unfair

• Court of Appeal caves in on hearsay evidence

• Defamation and Juries

• Juries are suitable for some parts of difficult defamation cases

• Defective Foreign Judgement - To Ignore or Obey?

• If a foreign judgment was defective is it binding?

• Defence Costs Complexities

• Costs experts sort out problem with defence costs

• Defence Struck Out In Part

• Defendants penalised for withdrawing admission of liability

• Defendant Changed Late After Mistake

• Good news for claimant who sued the wrong defendant in vaccination case

• Demonstrator Wins Case?

• Police can do what they did, but they made such a mess of it that they did it wrong

• Director Loses Disqualification Cancellation Case

• Director's complaint of delay not a winner

• Disabled Human Rights Agreed at UN

• The UN helps the disabled

• Disappointment for Abuse Victims

• New decision upholds limitation periods for old abuse cases, with Lawindexpro version too

• Dispatch - Latest Legal Aid Newsletter

• Latest Law Society Newsletter about legal aid developments

• Don't Over-React To Minor Mistakes

• Even if the lawyer makes a mess of it you should not strike out the claim

• Duty to Insurers Considered

• How quickly must you make disclosures to your insurers?

• EU Court Guides Austrians About Jurisdiction

• When Austrians fall out, where do they sue?

• EU Courts - Where to Enforce Judgment?

• UK enforcement of foreign arbitration award

• EU Courts - Where to Sue?

• Got to be consensus about jurisdiction of courts

• Effects of Duress Considered

• Who pays damages when contract influenced by duress?

• Eleven County Courts Pilot New ASBO Scheme

• Bradford and other County Courts try out new ASBO scheme

• Employer Liable For Driver's Tiredness

• Court of Appeal extends employer's liablity for negligent driver

• Employer's Response Late Procedure

• What to do if the employer does not receive the application

• Employers Should Encourage Magisterial Service

• Magistrates are so well trained that their bosses benefit, says Charlie Falconer

• Employment Law From SPR

• Semple Piggott Rochez with more Employment Law Litigation Review Information

• Environmental Law Feature

• The latest Environmental Health news from experts

• Exclusion of Appeals From Arbitrators Is Lawful

• Court of Appeal involved in appeal from arbitrator where right of appeal excluded

• Expert Doctors and the GMC

• No Immunity from disciplinary proceedings for expert doctors

• Expert To Disclose Conflict of Interests

• Court of Appeal criticises expert in PI case

• Experts Allowed in Directors Disqualification case

• Government wins right to use expert but only just

• Extradition Undertakings Acceptable

• Two alleged terrorists lose aextradition case

• Fair Extradition Demanded By Courts

• Courts get tough with questionable extradition process

• Family Courts to be Opened Up

• The Press are to have access to Family courts

• Family Law from SPR

• Good quality, easy to read article from SPR - estranged fathers and Mackenzie friends - the latest

• Faxed Prosecutions Are Valid

• Prosecution faxed on Friday afternoon but dated Monday morning should have been accepted

• Foreign Bankruptcy Proceedings Have Priority?

• High Court Judge decides which bankruptcy court has precedence

• Forum Decides Quantum Calculation

• Foreign Accident case tried in UK gets UK damages quantum

• Freezing Costs Order Confirmed By House of Lords

• Freezing Orders considered by House of Lords

• Gas Company Not Liable For Actions of Predecessor

• Who will clear up the mess left by private gas company before 1948?

• Gipsies Lose Planning HR Case

• No Human Rights breach in not recognisinf caravans as dwelling houses

• Government Guide to HR

• New Guide to Human Rights

• Government Indicates HR Changes

• Human Rights to have change of emphasis?

• Government's Duty To Investigate Death of Person In Its Care

• Need for public enquiry where state officers might be involved in death

• Guantanamo Bay Residents Lose Out

• Government cannot be forced to support foreign nationals trying to get out of Guantanamo Bay

• HL in Hello v OK Finale

• House of Lords gives guidance on economic torts

• Habeas Corpus v European Arrest Warrant

• How to appeal against unlawful arrest under European warrant?

• Health Records of Deceased Clients

• Law Society announcement about health records

• Help to Defend Legal Aid

• Law Society survey to help to fight legal aid cuts.

• Hindu Cow To The Slaughter

• Court of Appeal condemns cow despite holy significance

• Holding over Tenant Can Be Evicted

• Social Housing Landlord manages to evict tenant

• Home Secretary's Powers Too Great

• prisoner wins discrimination case againt Home Secretary

• Homeless Person Can Be Denied Benefits

• Loss of disability benefit through homelessness is not breach of human rights

• House of Lords Allows Bribery Arbitration

• Bribery considered in the House of Lords

• House of Lords Backs Appeal Court Against Government

• Human rights case won against Secretary of State's unlawful decision

• House of Lords Does Not Free Rapist

• Rapist detained after custody time limit not to be released

• House of Lords Stamps On Police on Juries

• A sensible decision about police and prosecutors on juries - should be extended to all lawyers

• House of Lords on Defamation of Company

• Defamation case against company judged by House of Lords

• How Easily Should Judgment Be Set Aside?

• Setting Aside Judgment getting easier in cases where papers not properly served

• How Should Judges Deal With Leave to Appeal?

• Transferring appeals - what is the procedure?

• How To Calculate Damages When War Breaks Out

• House of Lords rules in maritime dispute

• Human Rights Do Not Protect Sex Offenders

• Importation of pornography negates human rights

• Human Rights Over-ruled by UN Resolution

• Human Rights Case ruled by UN Resolution

• Human Rights Softening Signposted

• Lord Chancellor instructs PR firm to diss Human Rights?

• Human Rights Win for Witnesses

• Policer have to make proper provision for witness protection after murder

• Hunting Ban in Court Again

• The Hunting Ban escapes from the Hunt Supporters again

• Illegality Leads To Unenforceability

• Just goes to show that gambling debts are enforceable unless you do it wrong

• In Camera Evidence Speculation Is Contemtuous

• Press not allowed to take advantage of judge's mistake and publish things which should have been heard in camera

• Injustice Victims Suffer More

• If you were locked up unjustly, would you be happy with this?

• Inside Track - Issue 23

• Law Society Litigation Newsletter

• Inside Track - Law Society Newsletter

• The Law Society newsletter about litigation

• Insurers Lose on Disclosure of Old Information

• A blow for insurers in case about non-disclosure

• International Highlights - Law Society Newsletter

• The Law Society newsletter about International Law

• International MP3 Litigation

• Dominant Position in MP3 Market Considered

• Judge Allows Anonymity Exemption

• Judge allows father t0 publicise family case

• Judgments Register Expands

• The Government hopes that the new register will improve fine enforcement

• Judicial Review Disclosure More Likely

• Court opens doors to more pertinent disclosure in judicial review cases

• LLoyds Is Not As Public As You Might Think

• It was a good try, but who decided that Lloyds might be public?.

• Late Substituted Parties

• Party substitution after judgment?

• Latest CPR Changes - Issue 42

• New CPR rules start 6 October 2006

• Latest Precedent on Precedents

• Court of Appeal lays down law on precedents

• Law Society Conference Speeches - Enjoy

• Law Society conference hears strong words and weasel words

• Law Society HR Work Review

• Law Society survey to help to improve its human rights work

• Law Society Pressure Succeeds!

• The Legal Services Commission (LSC) has been forced to postpone its decision to stop funding specialist support providers.

• Law Society Stops Rule Change

• Law Society forces government to change rules

• Legal Aid Limits Rise

• The LSC raises financial limits for legal aid eligibility in line with inflation.

• Libel Case Fails After Police Complaint

• Neighbour's libel complaint fails after complaint to Police

• Libel Case and Additional Parties

• Adding parties and altering pleadings after short limitation period

• Limitation Issue in PI Case

• When can the court over-ride a limitation period?

• Limitation Period Easier for Equitable Relief

• No comparison between requirements for limitation periods in tort and equity cases

• Limitation Period Guidance - Old Abuse Allegations

• Limitation period when allegations surface years after the event

• Limitation Period Prevents Late Joinder in Libel case

• Claimant in libel case cannot add more parties after limitation period ends

• Limitation in Defamation Cases Where Publisher Unknown

• Soebody libels you, but who? How can you sue within the one year limitation period? Can you sue later when the publisher is found?

• MIB Limitation Period Too Short

• EU rules over-rule MIB limitation period

• MInimum Wage Changes

• Minimum Wage Rates Change

• Making Courts More Child Friendly

• Consulting on this other tricky question

• Mistakes in Naming Defendant Rectifiable Late

• Limitation Period Not lost if need to rename defendant

• Money Laundering - Bank Escape Route?

• Does a bank have a efence to money laundering claim?

• More Compensation For The Injured?

• Government consutd on more for relatives / dependants of accident victims

• Multi State Litigation - Decision in One Country Affecting Others?

• The decision of one country not to permit litigation against a defendant does not prevent applications elsewhere if applicable.

• New Arrangements for Tribunals

• Will lowering the standards of tribunal chairs result from this Act?

• New Mediation Helpline

• Government backs mediation

• New Supreme Court Building

• Rubbish building to be converted to Supreme Court

• New York, New York But No Security

• Arbitration internationally is risky - no orders for security for costs

• No Iraqi War Inquiry Required by HR Legislation

• Court decides that there is no requirement to hold inquiry into Iraq War

• No Need To Ask Government For Marriage Permission

• Human rights prevail in marriage of immigrants

• Nuisance from Buildings

• 1997 case from Lawindexpro - No Claim Against Nuisance?

• OFT Tries New Anti-Competition Ideas

• Competition law re-write pending? Private prosecutions possible?

• Oil Spillage Compensation Scheme Revamped

• More money for oil spill victims

• Old People Lose HR Case

• Moving old people from private care home is not an actionable Human Rights breach

• Onerous Waste Plant Permit Allowed

• Environment Agency wins in permit case at waste plant

• Ownership Trick Actionable

• What happens when you pawn something which belongs to someone else? Who sues who?

• Papparazzi Win Photo Opportunity

• If your parents are famous keep your eyes open for the photographers - no place to hide?

• Parents Have No Rights in Care Cases?

• Social workers have to put children first?

• Parole Board OK To Exclude Prisoner

• Parole Board's decision to exclude upheld on appeal

• Parole Case Delay Not Good

• Nobody should have to wait for parole decision beyond early parole date

• Party Wall Appeals Clarified

• How do you appeal when a party wall decision is wrong?

• Police Powers Extended Too Far?

• OK for Police to go too far?

• Police in NI Allowed Anonymity Because of Death Threats

• A Government inquiry should allow anonymity of police witnesses if real death threats have been made even when the Police already knew their lives were in danger

• Possession Cases On The Rise

• Possession proceedings go up

• Possessions On-Line Site of the Week

• Courts Service site to help get bad payers out of the house

• Preferred Creditors - Early Distribution Allowed?

• How many years have we waited for the answer to this question - can preferred creditors be paid out early?

• Princess Di's Death Makes More Waves

• Butler-Sloss decision appealled successfully

• Prisoner Wins Right to Damages for Prison Move

• Loss of liberty at closed prison leads to damages claim

• Private Prosecutor Wins Through

• Magistrates over-ruled on decision about private prosecution

• Probate Action By Family Dependant?

• Will dispute brought by dependant, OK?

• Procedure On Extending Time in Appeals When Lawyers At Fault

• Difficult case for CA when human rights and lawyers delay involved

• Proceeds of Crime Act Success?

• Is the Proceeds of Crime Act a success or an expensive failure?

• Radio Licence and Freedom

• The Privy Council decides a Trinidad licence application has to be dealt with fairly to protect rights

• Receivers Not Adversely Affected by CPR

• Receivers can keep their full costs despite CPR

• Reduced Costs Because of Low Damages - Who Decides?

• Can the costs judge reduce to reflect damages received?

• Reform of Legal Services Feature

• There have been various reactions to the Joint Committee comments on the Legal Services Bill.

• Respect Areas Expanded

• The Respect programme is rolled out over a bigger area

• Right of Light Breaches Lit Up

• Damages or Injunction when Light Right Breached - Who Decides?

• Rylands v Fletcher - Classic Nuisance

• Rylands v Fletcher - the classic Nuisance judgment from Lawindexpro

• Same Facts, Two Hearings, One Result

• Fact finding need only be told once

• Scottish Prison Mistake Not Covered By HR Act

• HR Act not apply to Scottish governor's mistake

• Search Orders For Computers Validated

• A possible search order loop hole blocked

• Search Orders and Computers?

• Are solicitors well enough organised to search computers properly - is anyone?

• Security for Costs with Foreign Defendant

• How does the Court decide the amount to be paid by way of security when the Defendant gives flimsy information of assets.

• Self Defence Considered

• Self Defence in Civil and Criminal jurisdictions compared

• Self Incrimination Privilege and Search Orders

• What happens when obscene images found during search order.

• Service Out Of Jurisdiction Allowed Against Impecunious Defendant

• Courts allow service out of jurisdiction against defendant who was involved in fraud allegations and might have assets in UK in future.

• Service in Sudan

• Guidance on the question of service abroad, especially Sudan

• Setting Aside Judgment - Defendant Not Aware

• If the Defendant didn't know about the case can you set judgment aside?

• Sex Establishment Loses Appeal

• Authority right to take late objections into account if does so fairly. Only recently reported.

• Shareholder's Liability for Receiving Illegal Payment

• When can shareholders be held liable for illegal payment?

• Should All Children Be Separately Represented?

• Consulting on this tricky question

• Should Meat be Sold at New Covent Garden?

• Battle bewteen Smithfield and New Covent Garden hots up

• Small Claims Changes, Big Adverse Effects

• Oppositon to Small Claims Changes from Law Society

• Small Claims Victory For Law Soc

• Law Society cheers its small victory

• Small Claims in Europe

• If you need to make a claim in Europe . . .

• Soldiers To Comply With HR Act Abroad

• Foreigners entitled to Human Rights protection when in hands of UK soldiers

• Solicitors Encouraged on to the Bench

• Solicitors should be encouraged to be judges says Government

• Solicitors Ordered To Pay Appellant's Costs

• Another twist to the CFA costs litigation - solicitors ordered to pay costs of winners because the appeal was really for the benfit of the solicitors not their clients

• Solicitors Win CFA Cost Case At Last

• There is no choice - solicitors have to get 100%

• Stopping Protesters By The Coachload Outlawed

• House of Lords stands up for freedom

• Suicide As Foreseeable Risk

• Employers liable for suicide after accident

• Suing Dead Rapist - Standard of Proof

• Woman wins substantial damages against estate of dead rapist - Lawindexpro

• Suing English Mercenaries for Compensation - Where and How?

• Failed African coup not justiciable in UK

• Supreme Court Building Plans

• Supreme Court accommodation moves a step nearer

• The Progressive

• The Progressive Magazine

• Third Party Escapes Liability in Negligence Case

• Evidence saves third patrties from negligence claims

• Tort Lecture Taster From SPR

• Semple Piggott Rochez brings you a mulimedia lecture experience

• Trade Description Prosecution About Odometers Winds Down

• Court of Appeal gives no mileage to DJ and local authority's arguments in odometer case

• Tribunal Service Improved

• Government improves Tribunal service used by people it messes about.

• Tribunals Service Feature

• The place to go for information about government tribunals.

• UKLawyers Archive of Litigation, Courts and Human Rights Materials - March 2006

• The collection of all the Litigation, Courts and Human Rights materials published by us in March 2006

• UPDATE - Compensation Fund Limitation Period

• When does the limitation period start in old claim against solicitors and their accountants? UPDATED 25 MAY 2006

• Unless Orders Require Utmost Compliance

• Unless you read this case you will not know what "unless" orders require

• Vexatious Litigants - Views of MR

• Speech by the Master of the Rolls sourced through Consilio

• What Can You Do If Your Government Breaches EU Law?

• Indivisual loses claim for enforcement of EU Law by damages

• What To Do In Partnership Insolvency?

• Chasing more than one bankrupt partner

• What is Statutory Duty?

• Do Health & Safety regs form basis for breach of Statutory Duty breaches?

• When Does Arbitration Clause Have Priority? - Usually

• Footballer's agent relies on arbitration clause which did guarantee a fair trial and was Article 6 compliant

• With-holding Facts in Litigation

• Does with-holding information give a ground for a tort action or does it just affect the limitation period?

• Without Prejudice Letters Not Always Privileged

• Can a Without Prejudice letter acknowledge a debt and so extend the limitation period?