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Protected: USDAW Seminar on the Jackson Report on Civil Costs – April 2010

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The Assange Scandal

https://shadowproof.com/2019/04/11/justice-department-charges-julian-assange-with-computer-crime-but-alleges-conspiracy-to-abet-espionage/

https://twitter.com/disruptivesigna/status/1117798100528181249?s=21

http://theindicter.com/my-friend-julian-assange-alicia-castro-ex-ambassador-in-london/

https://twitter.com/ottenbergeve/status/1157024027241799681?s=21

https://www.documentcloud.org/documents/6225696-DNC-Trump-7-30-19.html

https://twitter.com/mrsc_assange/status/1268660572708458496?s=21

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Protected: Insurance Disputes (Woodward’s in-house training 2019)

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Data Protection: Rudd v Bridle

https://www.matrixlaw.co.uk/judgments/asbestos-expert-ordered-to-provide-more-subject-access-information-about-unfounded-allegations-against-doctor/

https://www.bailii.org/ew/cases/EWHC/QB/2019/893.html

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Protected: NIHL: preparing for claims against Mr J

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Protected: Statements of case verified by a statement of truth – precedent

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Protected: Training: Alexander Harris Professional Practice Course 1997

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Protected: Solicitor watch: DACB

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Protected: Defendant watch: Volex, Ward & Goldstone

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Protected: Occupational deafness presentation (in-house training at Woodward 11/08/15)

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Asbestos photos

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International copper mines: jurisdiction

https://www.leighday.co.uk/News/2019/April-2019/Supreme-Court-rules-Zambian-villagers-case-against.aspx

http://ukscblog.com/new-judgment-vedanta-resources-plc-anor-v-lungowe-ors-2019-uksc-20/

https://www.leighday.co.uk/Blog/May-2019/Success-for-Zambian-villagers-in-the-Supreme-Court

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Asbestos marketing

https://www.nytimes.com/2019/04/07/world/europe/asbestos-russia-mine.html

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Protected: PRECEDENTS

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Protected: Industrial Deafness Talk 17/11/09 (Manchester Law Society Training)

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Protected: Noise Induced Deafness talk 20/10/09

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Protected: NIHL (MRH training 16/11/11)

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PAD Cases

Bermuda International Securities Ltd v KPMG [2001] EWCA Civ 269

https://www.bailii.org/ew/cases/EWCA/Civ/2001/269.html

Herbert Black & Others v Sumitomo Corporation & Others [2001] EWCA Civ 1819

https://www.bailii.org/ew/cases/EWCA/Civ/2001/1471.html

Arsenal Football Club Plc & others v Elite Sports Distribution Ltd [2002] EWHC 3057(Ch)

Arsenal

Edwards v Pirelli Cables [2003] CLY 396

Edwards

SES Contracting Ltd v UK Coal PLC [2007] EWCA Civ 791

https://www.bailii.org/ew/cases/EWCA/Civ/2007/791.html

BNP Paribas v TH Global Ltd & Others [2009] EWHC 37 (CH)

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Ch/2009/37.html&query=(BNP)+AND+(Paribas)+AND+(v)+AND+(TH)+AND+(Global)

BP Gas Marketing Ltd v Centrica Storage Ltd [2009] EWHC 732 (TCC)

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Admin/2009/732.html&query=(BP)+AND+(Gas)+AND+(Marketing)+AND+(v)+AND+(Centrica)

Probjot Singh Rathore v Rolls Roys Goodrich Engine Control Systems Ltd (2009)

Rathore

Sattar v Kirklees Council (and 5 other Applications) (2010) (CC)

Web view

https://www.blmlaw.com/handlers/getPublicationFile.ashx?oid=10672

Philip Rogers v Enterprise Mouchel (2010)

Philip Rogers

Alstom Transport v Eurostar International Ltd [2010] EWHC B32(Ch)

[2010] EWHC B32

Mr Leslie Victor Robinson v Rolls Royce PLC (2011)

Robinson

Alice Clegg v Cavendish Upholstery Ltd (2011)

Clegg

Henry Alan Smith v Secretary of State for Energy & Climate Change [2013] EWCA Civ 1585

https://www.bailii.org/ew/cases/EWCA/Civ/2013/1585.html

Roche Diagnostics Limited v The Mid Yorkshire Hospitals NHS Trust [2013] EWHC 933 (TCC)

[2013] EWHC 933 (TCC) 

Personal Management Solutions Ltd v Gee 7 Group Wealth Ltd [2015] EWHC 3859 (Ch)

https://www.bailii.org/ew/cases/EWHC/Ch/2015/3859.html

Anglia Research Sevices Ltd & Others v Finders Genealogists Ltd & Another [2017] EWHC 1277 (QB)

https://www.bailii.org/ew/cases/EWHC/QB/2017/1277.html

 

 

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Protected: Costs Planning

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Protected: Statements (training given on behalf of Woodward in 2014)

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Protected: Probate. Your client has died but is that the end?Insurance Law (in-house training at Woodward 04/11/16)

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SQE – the new way to qualify to become a Solicitor

http://www.sra.org.uk/sra/policy/sqe.page

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Protected: Problems arising in asbestos and noise litigation (in-house training at Woodward 15/10/15)

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Protected: Damages: SSD’s (examples)

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Protected: NIHL: Engineering

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Protected: PI & Disease Seminar by Crown Office Chambers 21/09/16

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The Civil Procedure (Amendment) Rules 2019

http://www.legislation.gov.uk/uksi/2019/342/made

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Medical Agencies

BA v Prosser [2019]

http://www.bailii.org/ew/cases/EWCA/Civ/2019/547.html

https://www.litigationfutures.com/news/solicitors-can-recover-vat-on-full-mro-fee-says-appeal-court

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Costs: Herbert v HH Law

https://hardwicke.co.uk/important-new-court-of-appeal-guidance-on-recovery-success-fees-and-ate-post-lapso-herbert-v-hh-law-2019-ewca-civ-527/

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QUANTUM – SERIOUS PI

http://www.byromstreet.com/seminars/56/james-rowley-qc-serious-personal-injury-litigation-a-quantum-update

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STRESS AT WORK: NHS

https://www.nhs.uk/conditions/stress-anxiety-depression/understanding-stress/

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STRESS AT WORK: UNISON

https://www.unison.org.uk/get-help/knowledge/health-and-safety/stress/

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STRESS AT WORK: STRESS MANAGEMENT SOCIETY

http://www.stress.org.uk/legal-requirements/

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STRESS AT WORK: MIND

https://www.mind.org.uk/information-support/tips-for-everyday-living/workplace-mental-health/work-and-stress/

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STRESS AT WORK: ACAS

http://m.acas.org.uk/index.aspx?articleid=6062

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STRESS AT WORK: HSE

http://www.hse.gov.uk/stress/risk-assessment.htm

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Code of Practice for Tracing EL Compulsory Insurance Policies

https://www.gov.uk/government/publications/code-of-practice-for-tracing-employers-liability-compulsory-insurance-policies

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British Asbestos Newsletter

http://www.britishasbestosnewsletter.org/index.htm

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Asbestos disease 1999

Asbestos – Research Paper 99/81 05/10/99 – Donna Gore & Alex Sleator, Science and Environment Section, House of Commons Library

https://researchbriefings.files.parliament.uk/documents/RP99-81/RP99-81.pdf

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FTP Organisations: Hazards

http://www.hazards.org/index.htm

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Protected: POC: claims against the NHS and Clinical and Dental Negligence

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Protected: POC: RSI , WRULD & VWF

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Protected: Woodward Blogs

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New Laws from April 2019 (minimum wage rates etc)

https://apple.news/AXgAP1INdTjeJrOv8G6cFJg

https://apple.news/AilW5-huvTnuUXa-UY6JYUA

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Brincat – Malta failed to protect ship-yard workers from exposure to asbestos

https://hudoc.echr.coe.int/eng#%7B%22fulltext%22:%5B%22asbestos%22%5D,%22documentcollectionid2%22:%5B%22GRANDCHAMBER%22,%22CHAMBER%22%5D,%22itemid%22:%5B%22001-145790%22%5D%7D

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Portobello Down – mustard gas tests – Roche

https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22002-3662%22%5D%7D

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European Court of Human Rights

https://hudoc.echr.coe.int/eng#%7B%22documentcollectionid2%22:%5B%22GRANDCHAMBER%22,%22CHAMBER%22%5D%7D

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Reporting RTA’s and traffic offences

https://beta.gmp.police.uk/ro/report/rti/report-a-road-traffic-incident/

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Great Return March 🇵🇸

On the first anniversary of The Great Return March and Land Day it’s appropriate to pay tribute to the tens of thousands of non-violent protesters who have been campaigning for what they believe is justice. I respect people who protest by marching, waving flags or even dancing when literally being under attack by tear gas or artillery fire:

So many legal and ethical issues arise out of the Palestine- Israel conflict including:

• Who should control the area where that the west refer to as Israel?

• Is Israel a legitimate state?

• To what extent should a country’s borders be able to change over time? Just because a particular plot of land initially belonged to country A does it mean that that plot should always belong to country A?

• Can an apartheid state ever be legitimate?

• Can a country who routinely murders and injures civilians, medics and journalists ever be legitimate?

• How should prisoners (including child prisoners) be treated?

• Are sanctions that cause so much hardship to civilians ever legitimate?

• What’s the role of arms manufacturers in the conflict?

• What should the UN do when it’s resolutions are ignored?

• What should other countries do to deal with the impact of “Friends of Israel”?

• Why do so many confuse criticism of Israel with being anti-semetic?

• Why is there so little coverage of the way that Palestinians are treated by mainstream media?

• What should be done to combat terrorism?

• To what extent is violent protest justifiable?

• Is BDS legitimate?

These and other issues maybe addressed in a blog on this site at a future date. In the meantime, listen to some Lowkey who was performing at The Ritz, Manchester at the Stampede Festival in July 2018:

https://share.icloud.com/photos/0Xh4BUBNtii24FwQ_mu6FQh-A#Manchester,_England

Interesting sites include:

https://jewishvoiceforpeace.org/

https://bdsmovement.net/

https://www.aljazeera.com/topics/country/palestine.html

https://www.map.org.uk/campaigns/campaigns

https://hyas.ps/

https://kuminow.com/yas/

https://www.palestinecampaign.org/

https://www.lfpme.org/supporters/page/5

Friends of Israel:

https://sputniknews.com/columnists/202004021078808440-how-friends-of-israel-destroyed-jeremy-corbyn-and-his-democratic-socialist-project/

https://www.lfi.org.uk/in-parliament/

http://www.friendsofisraelinitiative.org/

https://electronicintifada.net/blogs/ali-abunimah/fbi-investigated-americans-supporting-palestinian-rights

https://palsolidarity.org/2020/04/ism-statement-on-reported-fbi-probe/

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Protected: Limitation Risk Management (in-house training at Woodward 07/05/15) *Password Protected*

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Protected: PAD (complete pack) *password protected*

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Pre-Action Disclosure (in-house training at Woodward 21/05/15)

PAD

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Part 36 Update (in-house training at Woodward 21/10/16)

Part 36 Update

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Case Study: Wignall v Sec of St for Transport and “The Profound Lack of Wisdom in Signing Statements of Truth on behalf of your Client” (in-house training at Woodward 11/11/16)

Wignall training

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Introduction to Limitation + CPR Parts 1 & 2 (in-house training at Woodward 24/07/14)

Limitation intro

What are limitation periods under UK law and when will they come into play?

Pinsent Masons’ summary:

Out-Law.com

 

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Company Restoration

https://www.gov.uk/guidance/company-restoration-guide

https://docplayer.net/9831483-Tsol-s-guide-to-company-restoration.html

Click to access SE_Insolvent_Defendants_Sept_05.pdf

Click to access SE_Insolvent_Defendants.pdf

https://www.gov.uk/government/publications/company-strike-off-dissolution-and-restoration/strike-off-dissolution-and-restoration

Peaktone v Joddrell [2012] EWCA Civ 1035

http://www.bailii.org/ew/cases/EWCA/Civ/2012/1035.html

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Causation in Tort

http://www.e-lawresources.co.uk/Causation.php

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Third Parties (Rights against Insurers) Act 2010

https://www.legislation.gov.uk/ukpga/2010/10/contents

Mrs Shirley Anne Redman (suing as widow and administratrix of the Estate of Peter Redman, deceased) v Zurich Insurance PLC and Another [2017] EWHC 1919 (QB)

http://www.bailii.org/ew/cases/EWHC/QB/2017/1919.html

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Money Laundering & Terrorism

http://www.legislation.gov.uk/uksi/2017/692/pdfs/uksi_20170692_en.pdf

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FTP – Hip Hop

https://www.bbc.co.uk/programmes/b00ss468

https://electronicintifada.net/content/ten-hip-hop-tracks-demand-freedom-palestine/13828

https://en.wikipedia.org/wiki/List_of_political_hip_hop_artists

https://www.last.fm/tag/political+hip-hop/artists

https://www.last.fm/tag/political%20hip%20hop

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Hardtalk (BBC) – McCluskey – Leader of Unite

https://www.test.bbc.co.uk/programmes/p00q86d9

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Hardtalk (BBC) -Nabeel Rajab – President of the Bahrain Centre for Human Rights

https://www.test.bbc.co.uk/programmes/p00q86x0

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Universal Declaration of Human Rights

http://www.bbc.co.uk/worldservice/people/features/ihavearightto/four_b/treaties_universal.shtml

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Law in Action (BBC Radio 4)

https://www.bbc.co.uk/programmes/b006tgy1/episodes/guide

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Introduction to Legal Fault (in-house training at Woodward 21/08/14)

Intro to legal fault

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Introduction to Causation (in-house training at Woodward 28/08/14)

Introduction to Causation

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Basic Introduction to Asbestos Claims (in-house training at Woodward 30/07/15)

Basic Introduction to Asbestos Claims 2015

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IOSH – No time to Lose – Working together to beat occupational cancer

About IOSH

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Asbestos Injury Claim – fatal meso and unrelated heart failure – causation and causation

Deborah Magill (Executor of Colin Stuart Magill, deceased) v Panel Systems (DB Limited) [2017] EWHC 1517 (QB)

http://www.bailii.org/ew/cases/EWHC/QB/2017/1517.html

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Asbestos Injury Claims – Some of the Key Judgments

Holtby v Brigham & Cowan (Hull) LTD [2000] EWCA 58 (6th April 2000)

http://www.bailii.org/ew/cases/EWCA/Civ/2000/111.html

Fairchild v Glenhaven Funeral Services Ltd t/a GH Dovener& Son (1st February 2001)

Fairchild first instance

https://www.lawgazette.co.uk/news/personal-injury-law/33052.article

Fairchild (Suing as Administratrix and Widow of Arthur Eric Fairchild, Deceased) v Glenhaven Funeral Services Ltd & Others [2001] EWCA Civ 1881 (11th December 2001)

https://www.bailii.org/ew/cases/EWCA/Civ/2001/1881.html

Fairchild (suing on her own behalf) etc v Glanhaven Funeral Services LTD and others etc (20th June 2002)

https://publications.parliament.uk/pa/ld200102/ldjudgmt/jd020620/fchild-1.htm

https://casebrief.fandom.com/wiki/Fairchild_v_Glenhaven_Funeral_Service

https://socialistworker.co.uk/art/5448/Asbestos%20cases%20welcome%20justice

Sienkiewicz (Administratrix of the Estate of Enid Costello, deceased) v Greif (UK) Ltd [2009] EWCA 1159

https://www.bailii.org/ew/cases/EWCA/Civ/2009/1159.html

Sienkiewicz (Administratrix of the Estate of Enid Costello, deceased) v Greif (UK) Ltd [2011] UKSC 10

https://www.supremecourt.uk/cases/docs/uksc-2009-0219-judgment.pdf

Collins v Secretary of State for Business Innovation and Skills and Another [2014] EWCA Civ 717

https://www.bailii.org/ew/cases/EWCA/Civ/2014/717.html

Professor Carl Heneghan (Son and Administrator of the Estate of James Leo Heneghan. deceased) v Manchester Dry Docks Ltd & Others [2014] EWHC 4190 (QB) (11th December 2014)

https://www.bailii.org/ew/cases/EWHC/QB/2014/4190.html

Diane Sanderson (Executor of the Estate of Glyn Antony Sanderson, deceased) v City of Bradford MBC [2016] EWHC 527 (QB)

https://www.bailii.org/ew/cases/EWHC/QB/2016/527.html

Albert Victor Carder v The University of Exeter [2016] EWCA 790

https://www.bailii.org/ew/cases/EWCA/Civ/2016/790.html

https://www.slatergordon.co.uk/media-centre/blog/2016/08/landmark-ruling-changes-future-of-asbestosis-compensation-claims/

https://www.clerksroom.com/downloads/648-4418-Clerksroom-PI-Briefing-46.pdf

David Kearns v Delta Steeplejacks LTD (2017)

https://www.bailii.org/ew/cases/EWHC/QB/2017/149.html

https://asbestoslawblog.wordpress.com/2017/03/01/david-kearns-v-delta-steeplejacks-ltd-2017-ewhc-149-/

Bussey v Anglia Heating [2018] EWCA Civ 243

https://www.bailii.org/ew/cases/EWCA/Civ/2018/243.html

Click to access PT-Asbestos-Update-Briefing-Note-Bussey-v-Anglia-Heating.pdf

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Claims for Miners

British Coal HAVS Claims Handling Arrangement 1999

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/48286/7233-claims-handling-agreement-for-the-vibration-white-.pdf

http://www.coaleducation.org/glossary.htm

Noise-induced hearing loss and hearing conservation in mining – David McBride

https://watermark.silverchair.com/kqh075.pdf?token=AQECAHi208BE49Ooan9kkhW_Ercy7Dm3ZL_9Cf3qfKAc485ysgAAAkIwggI-BgkqhkiG9w0BBwagggIvMIICKwIBADCCAiQGCSqGSIb3DQEHATAeBglghkgBZQMEAS4wEQQMydlNFxp5CJ7r1oT7AgEQgIIB9dHG-V_ns4-63ISx1_NCcID0pUd_PfJGo8JwcNRDe_Ljls0tHmJa7vAgD6P2msZFM80QQR9Tq_T2io1cEV36YPYslr6mJK3uy5J1bzVlRkr4wM7KUqgTh9w05beWOGN5MxS_3Hu-AY7qT_VTqynuUhxZgFA9RW3_ldgzRduLhyoXukf0b1Rut7q_r9_ZGY7Gvue1_ppKXs2d8saaJi_A4Bg086tfg03RJtvNus23_F99ky6xH1wzIcfzrAg_aSBwWgDclqsbEpSh0WZD_VZk4D3pnWMYuaWB9JTDWzXkmZM1SA1f4NgX-lh9Qkz0Le5mxIc_9_TuCAnNJPDkYJkvGM2kcSBDRwQn0UEt0EkZBvbWL1FtvNYFqkQvr6tThge8BkhzNucGdYDzncG7t36eDhaXuxOrczV2r-u6bwPCuwkeCEO4rFjv7tq1yFn_PsO-QU5jvEmnzFbUmozRSonNf1kZppVYizjCrhyrLHitiE0TgyGOZFRXM6uxcndF8NGb0z7hvkbqSRUBbFsqmMp33DMSj6w4h8Y9YaYFCmPrH6xPLrIyNdmOR8MsAs2DRId4CiAaFTipcywGV6LU0FXdtdkZtddBiojzOzcjAW_tI1L9HeCwZI-T2oYFVXwLReUio-a6-latAGhLHAoNdDDtPEZ7JTLWLQ

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Staying proceedings and service

https://www.lawgazette.co.uk/legal-updates/staying-proceedings-and-service-of-claim-forms/5068923.article

https://www.civillitigationbrief.com/2020/05/20/covid-repeats-27-avoiding-a-serious-trap-when-and-when-not-to-serve-the-claim-form-on-a-solicitor-you-really-have-to-know-this/

https://www.civillitigationbrief.com/2020/05/19/service-of-the-claim-form-claimant-survives-by-the-skin-of-their-teeth-some-important-lessons-to-learn-here/

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Disability discrimination on buses

First Group PLC (Respondent) v Paulley (Appellant) [2017] UKSC 4

http://www.bailii.org/uk/cases/UKSC/2017/4.html

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Tomlin Orders

https://www.lawgazette.co.uk/law/Tomlin-a-guide-to-use-and-abuse/4045.article

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687834/ch31-eng.doc

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Statements of Truth – Court of Appeal Guidance (warning of prison)

Liverpool Victoria Insurance Company Ltd v Zafar [2019] EWCA Civ 392

See Gordon Exall’s Civil Litigation Brief blog:

Read more of this post

  • We say at once, however, that the deliberate or reckless making of a false statement in a document verified by a statement of truth will usually be so inherently serious that nothing other than an order for committal to prison will be sufficient. That is so whether the contemnor is a claimant seeking to support a spurious or exaggerated claim, a lay witness seeking to provide evidence in support of such a claim, or an expert witness putting forward an opinion without an honest belief in its truth…
  • The essential feature of this form of contempt of court is the making of a false statement without an honest belief in its truth. In principle, where a false statement is made without an honest belief in its truth, a contemnor who acts recklessly is less culpable than one who acts intentionally. The extent of that difference in culpability will, however, depend on all the circumstances of the case. Without seeking to lay down an inflexible rule, we take the view that an expert witness who recklessly makes a false statement in a report or witness statement verified by a statement of truth will usually be almost as culpable as an expert witness who does so intentionally. This is so, because the expert witness knows that the court and the parties are dependent on his or her being truthful, and has made a declaration which asserts that he or she is aware of his or her duties to the court and has complied with them…. To abuse the trust placed in an expert witness by putting forward a statement which is in fact false, not caring whether it be true or not, is usually almost as serious a contempt of court as telling a deliberate lie.
  • As we have indicated, an order for committal to prison will usually be inevitable where an expert witness commits this form of contempt of court…. As to the appropriate length of sentence, it is important to emphasise that every case will turn on its particular facts. The conduct involved in a contempt of this kind may vary across a wide range. The court must, therefore, have in mind that the two year maximum term has to cater for that range of conduct, and must seek to impose a sentence in the instant case which sits appropriately within that range. Where more than one contemnor is before the court, as in the present case, it will of course be necessary to make a judgment as to the comparative seriousness of their respective misconduct…. the Lord Chief Justice in Bashir had in mind as a starting point sentences “well in excess of 12 months” even for those who played the role of “foot soldiers” in the dishonest claims in that case.
  • The court must, finally, consider whether the term of committal can properly be suspended. In this regard, both principle and the caselaw to which we were referred lead to the conclusion that in the case of an expert witness, the appropriate term will usually have to be served immediately, and that one or more powerful factors justifying suspension will have to be shown if the term is to be suspended…
  • We should add that we accept, as was submitted on behalf of the Appellant, that the fact that the relevant false statement was made recklessly rather than intentionally will not in itself usually be a powerful factor in favour of suspending the necessary term of committal.
  • With all respect to the judge, however, we are satisfied that the order for committal in this case was wrong in two respects. First, the term of committal should have been significantly longer than 6 months, even taking into account the mitigation available to the Respondent: we do not think the Respondent could have appealed successfully against a term of 12 months, and we cannot think that a term of less than 9 months was appropriate. Secondly, the term should have been ordered to be served immediately, there being no powerful factor in favour of suspending it. We are satisfied that a suspended term of 6 months fell outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate.
  • The judge’s decision as to sentence therefore falls to be reversed. We can remake that decision. We have however come to the conclusion that we should not impose a more severe sentence. We have decided not to do so, principally because we have sought in this judgment to give some guidance which was not previously available to those sentencing for contempt of court, and we accept that it would be unfair to the Respondent to impose upon him the adverse consequences of that guidance. Accordingly, our remaking of the decision would not result in any increase in the sentence, albeit that our reasons for reaching that outcome differ from those of the judge. In those circumstances we allow the appeal, but think it sufficient to declare that the sentence below was unduly lenient.
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Allergan Breast Implants and link to cancer

https://www.theguardian.com/society/2019/mar/10/women-with-allergan-breast-implants-may-sue-over-cancer-link

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Pre-Action Costs

Issuing proceedings to recover costs: Ayton v RSM Bentley Bennison & Others [2018] EWHC 2851 (QB)

Click to access 1018.pdf

Click to access Ayton-v-RSM-Bentley-Bennison-Mark-Friston-LexisPSL.pdf

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Contrib

An excellent blog in the Civil Litigation Brief by G Exall – the lesson is that if contributory negligence is pleaded against the Claimant, see if any of the allegations can be used against the Defendant:

CIVIL PROCEDURE BACK TO BASICS 22: WHEN THE CLAIMANT ADOPTS ALLEGATIONS OF CONTRIBUTORY NEGLIGENCE: HOIST ON YOUR OWN PETARD

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Oaths & Statutory Declarations

Statutory Declarations Act 1835


http://www.legislation.gov.uk/ukpga/Will4/5-6/62/contents

Oaths Act 1978

http://www.legislation.gov.uk/ukpga/1978/19

Wording

http://trustsdiscussionforum.co.uk/t/new-oath-wording/7070

Can a Solicitor colleague administer an oath for two lay executors?

https://www.lawsociety.org.uk/support-services/help-for-solicitors/practice-advice-service/q-and-as/can-a-solicitor-colleague-administer-an-oath/

Statutory Declaration

Click to access how_to_prepare_a_statutory_declaration.pdf

What is a Statutory Declaration?

https://www.gov.uk/government/publications/statutory-declarations

Fees

In the “Practice Advice Service question if the week…” section of a recent the Law Society Gazette the following question was asked:

“I am a solicitor and have just started work in  a busy high street practice. I regularly swear oaths and take declarations.  My new firm wants me to account to them for all the oath fees received. In my previous firms, I have always been allowed to keep oath fees. Are the partners of the firm entitled to the oath fees?”

The following response was given:

“There are no rules or specific guidance on this. It is a matter for the partners of the firm to decide and for you to negotiate, if you can. There is limited information about VAT payable on such fees.

If the oath fees are retained by you personally, they are not subject to VAT unless you are registered or liable to register for VAT as a result of the aggregate of your personal taxable supplies. If you are required to account to your firm for oath fees received, then these fees should be dealt with as part of the firm’s taxable turnover.

or further information on oaths, please see the Law Society publication, Execution of Documents (3rd edition) which is available from the Law Society’s online bookshop at https://www.lawsociety.org.uk/bookshop

For further information please contact the PAS helpline on 020 7320 5675 or email practiceadvice@lawsocitty.org.uk”

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Flight delay; direct contact; & direct payment of damages: Bott & Co Solicitors Ltd v Ryanair DAC [2018] EWHC534(Ch)

Click to access bott-co-solicitors-ltd-v-ryan-air-18062018.pdf

https://www.twobirds.com/en/news/articles/2018/global/case-summary-bott-and-co-solicitors-ltd-v-ryanair-dac-2018-ewhc-534-ch

https://www.lawgazette.co.uk/commentary-and-opinion/why-well-take-our-ryanair-costs-fight-to-the-supreme-court/5070514.article