- Business and Commercial
- Family
- Employment
- Personal Injury
- Property
Autumn 2011
We continue to forge ahead. Chambers sponsored the legal week Commercial Forum on 21st September at which both Andrew Butler and Philip Aliker were speakers. we are experiencing an upsurge in commercial litigation generally: perhaps businessmen who have been putting matters off since the financial crisis first struck now feel there is nothing to lose by going ahead.
litigation necessarily means that close attention must be paid to the Civil Procedure rules. unlike the old rSC, the CPr are in a constant state of change, and legal advisors have to keep up. Andrew Butler has put together some helpful notes about three cases decided so far this year in connection with issues relating to the service of proceedings, both in and outside the jurisdiction (CPr Part 6); and Chris Maynard has written a thoughtful and insightful piece about the continuing problems arising from the operation of CPr Part 36 (making offers to settle a dispute). even this short article demonstrates the scope for unfortunate and expensive satellite litigation if Part 36 is not fully understood and followed to the letter. You have been warned. Charles JosephSpring 2011
In this issue of the newsletter Tim Polli reports on a recent success in freezing order proceedings in which he achieved the rare feat of securing the appointment of a receiver; and Paul Stevenson brings us up to date with developments under the Housing Grants, Construction and Regeneration Act 1996.
Autumn 2010
In this bulletin, Andrew Butler and Amanda Gourlay explore two developments highly relevant to insurers - the new Third Parties (Rights against Insurers) Act 2010 and a recent decision confirming the right to avoid an ATE policy for misrepresentation/non-disclosure. And Cecily Crampin looks at an interesting decision on the quantum of damages which would suggest that in some cases there will be no loss to insure.
Spring 2010
In this issue David Daly explores the limits of mediation confidentiality, Nick Isaac reviews a recent Supreme Court case in which business practice clashed with legal theory, and Steven Walker reports on important developments in arbitration in his native Scotland.
Autumn 2009
In this issue Phillip Aliker writes on the differing standards of proof and procedure in a challenge to jurisdiction, while Andrew Butler discusses the new rules on costs capping.
Spring 2009
This is the inaugural edition of the Business & Commercial Group Bulletin. In this issue recent cases touching on cost-effective disclosure are looked at, in particular electronic disclosure, reflecting the potential burden due to widespread internet and data use, together with an article on a significant Privy Council decision on how the implication of contractual terms can address unforeseen situations.
Winter 2011
Welcome to the Winter edition of the Tanfield Family Newsletter with articles on the Supreme
Court decision in Jones v Kernott; on leave to remove following CK v MK; and on the new rules for
reciprocal enforcement of maintenance.
I hope these will be not just topical but useful and enlightening. Dick Pears has recently handed over to me as Head of the Family Group and Zoe Bluck has taken over as our principal family clerk. We are really grateful for all Dick has done and will be working hard to build on his achievements and strengthen our relationship with all our clients. We really welcome your comments on how we can improve our service to you, both in the running of cases and in our other services such as our recent crammer days.
Spring 2011
Welcome to the latest edition of the Tanfield Family Newsletter and a warm welcome to our new family clerk, Zoe Bluck. With the recent Implementation of the new Family Procedure Rules, we hope that Gerald Wilson’s article is of assistance to you. We remain, as ever, committed to continuing to provide an efficient, effective, enthusiastic and committed service to both solicitors and their clients. The team continues to develop, with a large number of members currently training to provide mediation. We will be having the usual Crammer Days in the Autumn and look forward to seeing many of you there.
Winter 2010
In this issue Estelle Lear discusses the Supreme Court judgment in Radmacher, Sarah Dines reviews the law on interim care orders and Timothy Shuttleworth questions whether it is possible or desirable to define 'significant harm'.
Summer 2010
This issue contains articles from Kerstin Boyd on cohabitation and the law governing the payment of maintenance, Catriona MacLaren examines trusts of land since Stack v Dowden and Gwyn Evans discusses arrears of child maintenance under the Child Maintenance and Enforcement Commission.
Winter 2009
Olivia Murphy discusses Baroness Deech's call for reform of the law relating to maintenance; Charlotte Jewell provides an update on pre and post nuptial agreements and the second instalment of Philip Conrath's article on placing children abroad are all included in this issue.
Summer 2009
In this issue Dick Pears examines the law since Xydhias in respect of upholding agreements; Philip Conrath writes about placements of children overseas; while Timothy Shuttleworth discusses solutions to cases where a Local Authority has to intervene to remove a child permanently.
Spring 2008
Bite sized tips and a more in-depth article pertaining to money cases, along with a useful summary of the important changes in public law children work hailed by the introduction of the Public Law Outline.
Autumn 2007
This issue takes on a financial flavour, with articles covering Bankruptcy in Ancillary Relief, and thoughts on the implications of Stack v Dowden. A précis of the changes to the law surrounding non-molestation orders post 1 July 2007 is also included.
April 2007
Articles covering a range of interesting topics, including thoughts on FDRs, an insight into the bedding down of the Special Guardianship provisions and the interplay between the Family and Youth Criminal Justice Systems.
Spring 2007
This issue contains an article on Civil Partnerships, a piece on the use of ICOs in the context of private law proceedings and a case which illustrates a prime example of Judicial Independence.
Summer 2011
Sarah Stanzel comments in this issue on Statutory employment law, as always, is rapidly evolving. This year sees in the abolition of the ‘default retirement age’. Consultation is taking place on extending the right to request flexible working and making it possible for parents to share their parental leave. The Government has also announced that it will consider putting a cap on awards in discrimination cases, reducing collective redundancy consultation periods and making the TUPE rules more flexible. It remains to be seen how far it will be restricted by EU law in the extent of any changes. But case law can also transform the legal landscape. In this edition, Stephen Heath discusses recent cases on misconduct dismissals. Peter Linstead considers recent trends in appellate decisions on costs orders and asks what impact they have in practice.
Winter Edition February 2011
Paul Stevenson comments on Springboard Injunctions, and the potential spread and misuse of confidential Information
Winter 2010
Martina Murphy tackles the employment status of members of LLPs and controlling shareholders in this issue. You will also find Paul Stevenson's timely thoughts on pay for staff kept at home by the wrong kind of snow.
Summer 2010
In this issue Sarah Stanzel considers the recent developments in compensation limits and the way compensation is assessed in discrimination and unfair dismissal claims. Laura Robinson and Gemma de Cordova provide a guide to the many recent decisions on employment status and consider the implications.
Summer 2009
In this issue David Berkley QC examines TUPE Transfers on Insolvency and Stephen Heath considers Burdens of Proof in Tribunal claims.
Spring 2009
This issue contains articles on the implications of the Employment Act 2008 and justification defences to age discrimination.
Spring 2008
A helpful summary of the latest maternity and parental leave provisions, and some of the most recent cases on automatic unfair dismissal, agency workers and the trust and confidence term are considered. The final article provides a more light hearted view of a recent EAT case.
Spring 2007
The effect of four recent EAT cases on the status of agency workers is considered, and a key Court of Appeal decision which re-defines the meaning of “reasonable belief” in the context of whistleblowing is examined. There are also two articles which look at a possible change of direction by the EAT in relation to ‘Polkey reductions’ and an EAT decision on equal pay.
Autumn 2011
In this edition, Michelle Marnham looks at the Court’s response to fraudulent claims and Michael Bailey examines claims against Occupiers and the voluntary assumption of risk.
I hope you enjoy the read. Sadly we have to say goodbye to Matthew Wildish, who has been the principal clerk for the PI team for a number of years. He is leaving for pastures new and takes up an appointment as Senior Clerk on the 1st October 2011. We
will miss him and wish him well. However we welcome David Wright who will be taking
over the reins of the PI clerking team.
Kerstin Boyd, Head of the Personal Injury Team
Autumn 2010
In this edition Christopher Bamford looks at food poisoning cases where injury is caused by infection or where infection has been caused by contamination. Simon Cheves article looks at the Package Travel regulations.
Autumn 2009
In this issue Kerstin Boyd writes on the government’s failure to implement legislation which would enable victims of pleural plaques to recover compensation. Michael Bailey discusses the decision in Re W (Children) and examines the question of whether any actions would lie in negligence against the various parties involved.
Spring 2009
This issue looks at Rome II and the implications for accidents abroad, together with an article which delves into claims in respect of career-ending injuries.
Summer 2007
A recent case relating to an employer’s liability for work related stress is considered, the amended CPR 36 is examined, together with some reports on recent cases.
Summer 2011
In this our Summer issue Carl Fain considers the possibility of a summary judgment application in cases where a landlord opposes the grant of a new tenancy under the Landlord and Tenant 1954 and Tim Polli warns of the dangers of not seeking specialist legal advice
Winter 2011
Mark Loveday looks at recent case law on Landlords intention under s.30(f) and (g) of the Landlord & Tenant Act 1954
Winter 2010
This edition looks at protecting overage rights. Andrew Sheftel discusses the pitfalls and offers practical solutions. Cecily Crampin considers the options open to leaseholders.
Summer 2010
This edition Ellodie Gibbons reviews a decision of the Court of Appeal on Hosebay. Carl Fain looks at the principles involved in surrender by operation of law, and Paul Stevenson raises the questions over the impact of service charges.
Summer 2009
This issue includes recent cases in the Court of Appeal involving Nick Isaac, Chris Coney and Geraint Jones QC and Tim Polli considers a method for a landlord in uncertain economic times to maximise its claim for rent from a tenant company who enters into a CVA.
Spring 2009
This edition pilots a new look with in-depth articles, including an investigation into the implications of Watson v Croft Promo-Sport Ltd, an article on visibility splay and finally an article exploring beneficial interest in trust property.
Autumn 2007
The decision in of the LVT in Islington LBC v Lucy Shehata Abdel-Malek and on appeal, is explored, together with articles on a right of way, economic torts and the gaps in the RICS Disciplinary Rules 2007.
Summer 2007
Developments in the law of tenancy deposits, examines the importance of claiming a leaseback in a counter notice, and the question of when compensation can be awarded for distress and inconvenience. The final article looks at building boundaries in the context of rights of access.
For further information please contact Kevin Moore
Senior Clerk
020 7421 5300