Recent items of interest from the Law Society libraryCivil procedure
Court Fees: Very useful summaries of all the recent changes appear on the Court Services Web site.
Also guides to County Court fees, Supreme Court fees, Non-Contentious Probate fees and Family Proceedings fees.
http://www.courtservice.gov.uk/feeguid.htmAppealsTanfern Ltd v Cameron-Macdonald and another The Independent 16 May 2000, The Times 17 May 2000 (CA)The Court of Appeal gave detailed guidance on the effect of the new provisions relating to the arrangements for appeals in civil proceedings in private law matters which came into effect on 2 May 2000.
Available at: http://www.the-times.co.uk/European UnionThe European Communities (Lawyer's Practice) Regulations 2000.
SI 2000: 1119.
These give effect to EC Directive No.
98/5/EC.
Under the conditions specified in or permitted by the Directive, a European lawyer may carry out professional activities otherwise reserved to solicitors or barristers and may apply to become a solicitor or barrister.For commencement provisions see reg.1.
Available at: http://www.
hmso.gov.uk/si/si2000/20001119.htm Preston v Wolverhampton Healthcare NHS Trust, Fletcher v Midland Bank plc C-78/98 ECJ case concerning occupational pension schemes for part time workers and calculation of pensionable service.
Available on the Internet at http://europa.eu.int/jurisp/cgi-bin/form.pl?lang=enConsumer credit agreementsDimond v Lovell, The Times 12 May 2000 (HL)A car hire agreement was held to be a 'regulated agreement' for the purposes of the Consumer Credit Act 1974 and was unenforceable if it was not properly executed pursuant to section 61(1).
Available at: http://www.the-times.co.uk/ Full text of the judgment at http://www.parliament.the-stationery-office.co.uk/pa/ld199900/ldjudgmt/jd000511/dimond-1.htmHuman rightsExpert Witnesses: Daniels v Walker, The Times 17 May 2000 (CA)Counsel and those instructing counsel should be responsible as to when it was right to raise arguments based on the Human Rights Act 1998.
When one party was unhappy with a report of a single expert who had been jointly instructed, he should be allowed to obtain a report of another expert subject to the court's discretion.
Available at: http://www.the-times.co.uk/DefamationSmeaton v Butcher and Others, The Times 17 May 2000 (CA)Defamatory statements made in an affidavit, as well as being protected in the original proceedings, could also be protected in related proceedings.
Available at: http://www.the-times.co.uk/EmploymentAge discrimination: Taylor v Secretary of State for Scotland, The Times 12 May 2000 (HL)There was no age discrimination where an employer terminated the contract of employment of all employees over 55 where the contract specified a retirement age of 55 but allowed employees to continue beyond that age at the employer's discretion.
Available at: http://www.the-times.co.uk/Pensions1) Retirements Benefits Schemes (Sharing of Pensions on Divorce or Annulment) Regulations 2000.
SI 2000: 10852) Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) (Amendment) Regulations 2000.
SI 2000: 10863) Retirement Benefits Schemes (Restriction on Discretion to Approve) (Excepted Provisions) Regulations 2000.
SI 2000: 10874) Retirement Benefits Schemes (Restrictions on Discretion to Approve) (Additional Voluntary Contributions) (Amendment) Regulations 2000.
SI 2000: 1088Available at: http://www.hmso.gov.uk/si/si200010.htm
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