Practice points – Page 48
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FeatureEffect of Jackson reforms on expert witness contracts
How might the Jackson reforms impact on contracts arising from the engagement of expert witnesses?
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FeatureNew Civil Procedure Rules: handmaid or mistress?
Indulgence can no longer be granted where parties fail to comply with their procedural obligations.
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Data page - August 2013
The latest data page figures are now available – including mortgage rates and inflation.
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FeatureDBAs: greater need for expert early case assessment
It is crucial that prospective claimants get an ‘early case assessment’ of the potential scale of any settlement under Jackson’s new damages-based agreements.
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FeatureRelief from sanctions in costs budgeting
How the courts are dealing with applications for relief from sanctions imposed under Lord Justice Jackson’s new costs management rules?
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FeatureSet standards for wills
The Law Society has launched its first recognised quality standard for wills and estate administration
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FeatureScience of mixed results
Ian Evett and Sue Pope consider the issue of what may safely be put to the jury when it comes to complex DNA mixtures
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FeatureDealing with closed courts
In Bank Mellat, the Supreme Court deployed a closed session for the first time. This is worrying for the future of justice, writes Kartik Mittal
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Assessing costs in clinical negligence cases
Clinical negligence practitioners on both the claimant and defendant sides are waiting with bated breath to see how courts will deal with arguments on proportionality.
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News
How the making of a film highlighted use of tax loopholes
Denis Healey once said that the difference between tax avoidance and tax evasion is the width of a prison cell. The case of R v Richard Driscoll and Others pushed the boundaries of tax avoidance to breaking point.
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The seventh Python
As most fules kno, Monty Python’s Flying Circus was a TV comedy series in the 1960s and 1970s that spawned several films and, in 2005, a stage musical called Spamalot. So ingrained is Python in the public consciousness that (according to Wikipedia) questions about it feature in the examination for ...
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Privy Council judgment broadens litigation scope
In its recent decision in Crawford Adjusters v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17, the judicial committee of the Privy Council decided, by a majority of three to two, to depart from the long-established rule confining actions for malicious prosecution of a civil action to a small category ...
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Piercing the corporate veil
The unanimous judgment of the Supreme Court in Petrodel Resources Ltd v Prest led to a media circus. Now the dust has settled, we have more clarity on the repercussions of the case for those involved in family and company law.
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A transatlantic trade pact could reshape market rules
A transatlantic free trade agreement between the US and the EU, long dreamed of in some policy circles, is suddenly close to becoming a reality. In February, a high-level transatlantic working group published a recommendation that negotiations over the envisaged Transatlantic Trade and Investment Partnership (TTIP) should start. The European ...
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News
Defamation on social media
On 24 May Mr Justice Tugendhat handed down the judgment in McAlpine v Bercow [2013] EWHC 1342 (QB), finding that Mrs Bercow’s tweet carried a defamatory meaning. Following the judgment it was announced that Bercow had accepted an earlier settlement offer, saying that ‘today’s ruling should be seen as a ...
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Bribery Act: ‘facilitation payments’
The ‘Star Chamber’, a somewhat sinister-sounding governmental group tasked with reducing bureaucracy, is to carry out a review of the Bribery Act 2010 with a view to examining facilitation payments.
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‘Fast track’ to probate in Jersey
Did your client die domiciled in England and Wales, Scotland, Northern Ireland, Guernsey or the Isle of Man with an asset in Jersey? Has a Grant of Representation been issued in the deceased’s country of domicile?