Updates – Page 2
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Analysis
P v P [2015] EWCA Civ 447
Court of Appeal upholds Mr Justice Mostyn’s decision to vary a trust in a nuptial settlement, in order to meet the wife’s financial claim. In his judgment, Lord Justice Jackson gave guidance about the procedure to appeal a High Court decision
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News
Changes to the practice direction on pre-action conduct
What you need to know about the changes, in force from 6 April
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FAQ
FAQ: Hadkinson ('unless') orders
The Law Society’s Library discusses Hadkinson orders, also known as ‘unless’ orders.
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Analysis
75th Update to the CPR - what you need to know
The 75th Update to the CPR came into force on 1 October. Cait Sweeney guides us through the main changes that you need to know about.
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FAQ
Library FAQ: Scott schedules
The Law Society Library lists resources which contain precedents for Scott schedules
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Analysis
Integral Petroleum SA v SCU Finanz AG [2014] EWHC 702 (Comm)
The Commercial Court refused to treat service by email of the particulars of claim on the defendant as valid, despite the fact that this was not agreed by the defendant and was served late.
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FAQ
FAQ: Bullock and Sanderson orders
The Law Society’s Library discusses Bullock and Sanderson orders and lists where precedents can be found.
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Analysis
Thevarajah v Riordan [2014] EWCA Civ 15
Court of Appeal overturned the Chancery Division’s (ChD) decision to grant relief from sanctions, finding that the ChD could not make an inconsistent order granting relief unless and until the original order had been set aside by way of a variation or revocation.
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Analysis
Murills v Berlanda and Belvedere Medical Group Ltd (in liquidation) [2014] EWCA Civ 6
This case was struck out by the Court of Appeal because the claimant’s solicitors had not followed the right procedure for service of court proceedings and not given an address for service of the claim form.
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Analysis
Rehill v Rider Holdings [2014] EWCA Civ 42
Court of Appeal ruled in favour of the defendant on withdrawn part 36 offer to settle a personal injury claim made when the claimant knew his prognosis was clear, and orders the dishonest claimant to pay litigation costs.
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Analysis
Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm)
A reminder of the test the court must apply when considering whether a document is subject to litigation privilege.
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Analysis
MA Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB)
The claimant was debarred from producing evidence about an issue at trial because it failed to comply with an order for exchange of witness statements.
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Analysis
Webb Resolutions Ltd v E-Surv Ltd [2014] EWHC 49 (QB)
This case illustrates more robust and stricter approach the courts are now taking, following the Jackson reforms, and how not complying with court rules can lead to heavy costs sanctions.
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Analysis
Spotlight: Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1526
Court of Appeal provided guidance, in light of the Jackson Reforms, on the circumstances in which relief from sanctions relating to non-compliance with rules, practice directions or court orders will be granted.
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