-- bank manager's apoplexy: reaction to the refusal by a party to an ancillary relief application, requiring copies of 1,00 0 pages of bank statements, to pay £5 per page and demand by that party for copies at £10 for the lot, so long as transfer to microfiche has not been effected, under the Data Protection Act 1984 s 21(1)(b) and SI 87/1507 which sets out the charge (although data may be supplied in non-statement form and if a request covers more than one area of data registration, the bank may charge £10 per area).

The Data Protection Act 1998 and subsidiary legislation expected in force in about April 1999 will give similar customer rights.-- capital menu: orders for property adjustment and lump sum available since 1 November 1998 on discharge or variation of party's periodical payments, along with direction which precludes party from re-applying for periodicalpayments (under the Matrimonial Causes Act 1973 as amended by sched 8 to the Family Law Act 1996 partly brought into force bySI 98/2572).-- costs assessment: the means of determining ing the liability of the payer under a costs order (other than fixed costs) as from 26 April 1999 which will be either a summary assessment or detailed assessment (positively not taxation).

A practice direction aimed at encouraging summary assessment for short interlocutory 'costs in any event' situation where neither side is legally-aided may be issued pre-Woolf during the next term.-- late payment interest: 8% over base on commercial debts due to small businesses from larger businesses and public sector where contract made after 31 October 1998 under the Late Payment of Commercial Debts Act 1998 and Late Payment of Commercial Debts (Interest) Order 1998 (with 8% judgment debt interest from date of judgment even if less than £5,000 in the county court, thanks to SI 98/2400).-- outrage: the client reaction to accelerated assured shorthold possession procedure in county court being decelerated because of solicitors' use of out of date form N5B which failed to exhibit copy of original tenancy agreement in addition to current or most recent agreement as required by CCR SI 98/1899 since 28 September 1998.

The Department of the Environment, Transport and the Regions study, published last month, reveals that about one quarter of all possession cases started are under the accelerated procedure, which is faster than open court, and the most common reasons for referring cases to a hearing are queries over the type of tenancy or the notice seeking possession.-- perfection: order for security for costs (against plaintiff only, or defendant as to counterclaim only, except that under CCR order 13, r 1(7) the court may require any party to give security as condition of granting any application) which contains ingredients specified in Clive Brooks v Baynard & Others (1998) The Times 30 April CA and follows substituted QB Masters Practice Form No 44 - 'It is ordered that the plaintiff by .

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.pm on .

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give security for the defendant's costs in the sum of £.

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[by payment into court of the same] [by lodging with the defendant's solicitors a .

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(describe form of bankers' draft etc) [in such manner as to the satisfaction of the Master] and that all further proceedings be stayed until security is given.

In default of such security being given, the action is struck out with judgment for the defendant and costs, to be taxed if not agreed'.-- right to a fair trial: the right under the Human Right Act 1998 in the determination of a person's civil rights or of any criminal charge against them to 'fair and public hearing within a reasonable time by an independent and impartial tribunal established by law'.

The go vernment is considering the most appropriate date for implementation and work is under way to identify and tackle possible incompatibilities in primary an secondary legislation, rules and regulations, and practice and procedure to minimise potential causes of challenge.-- second bite: exception to the rule that parties must bring forward their whole case in proceedings (so that a plaintiff who obtains judgment for his uninsured excess cannot later sue the same defendant for damages for personal injury sustained in the same accident) which may apply where, for example, the plaintiff was reasonably unaware of matters on which he or she now relies or there has been a change in the law since the fist case but not simply where the plaintiff has no remedy against his or her first legal advisers in negligence (Wain v Sherwood & Sons Transport Ltd (1998) The Times 16 July CA).-- social security additive: extra information to be included in notice of payment into court to which the Social Security (Recovery of Benefits) Act 1997 applies after 27 September 1998 (SIs 98/1898-1900) - 'The gross amount of the compensation payment is £.

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The defendant has reduced this sum by £.

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in accordance with s 8 of the Social Security (Recovery of Benefits) Act 997, which was calculated as follows: Nature of Benefit .

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amount .

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