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From first hand experience

Prominent lawyer Stephen Jakobi is no stranger to litigation. As a one time member of the London Solicitors Litigation Association and the Law Society’s Litigation Committee he knows the pitfalls of heading to the courts better than most. Today, however, he has added reason to advise against any courtroom confrontation. He has just been involved […]

Litigation Writs 20/06/95

A High Wycombe artist whose work has suffered as a result of injuries to his little finger is suing Brent and Harrow Health Authority. He accuses it of negligence in its treatment of him at Northwick Park Hospital, Harrow. John Easterling claims that because of lack of effective treatment he can no longer carry out […]

Litigation Recent Decisions 13/06/95

VAT input tax on goods for business and entertainment Thorn EMI v Customs and Excise Commissioners (1995). (CA (Stuart-Smith LJ, Hobhouse LJ and Millett LJ) 11/5/95). Summary: Supplies which are made for both business and business entertainment qualify for partial input tax credit. Commissioners of Customs and Excise Appeal from decision of Justice Turner (QBD […]

Litigation Writs 13/06/95

Former navy mechanic Ian Liddle who was severely injured in an accident last year is suing the Ministry of Defence. Liddle, of Portsmouth, lost one eye and suffered head injuries after being trapped and crushed by a lift while working on HMS Illustrious in January 1994. His writ says a lift above him was activated […]

Defining the scope of duties

An early Appeal Court date and a House of Lords sequel look likely in a bid to achieve a definitive ruling on the interpretation and application of Common Market personal import provisions. The case focus is a recent High Court judgment regarding the Customs and Excise stance over interpretation of personal import concessions which allow […]

Litigation Writs 06/06/95

Norfolk sweet manufacturers Sultans has launched a damages claim after a batch of Turkish delight was turned into a Turkish disaster by a fire. Sultans of Burrell Way, Thetford, Norfolk, is suing JJ and JA Humphry who trade as Cross Country Carriers of Elm Drive, Hessett, Bury St Edmunds for more than £750,000 compensation after […]

Forming unified opposition

With their local authorities facing an estimated bill of millions of pounds for litigation and for planning enquiries, residents in the Manchester area have good cause to breathe a sigh of relief over the tactics adopted by their civic leaders in a recent planning battle. The case, the subject of a recent ruling by the […]

Litigation Recent decisions 06/06/95

Agricultural land qualifying for tax relief Starke and anor v Inland Revenue Commissioners (1994). (CA (Stuart-Smith LJ, Morritt LJ, Ward LJ) 19/5/95). Summary: Farmhouse and buildings do not qualify for inheritance tax relief as agricultural property under s.116 Inheritance Tax Act 1984 (formerly Capital Transfer Tax Act 1984). Appeal from decision summarised below holding that […]

Chris Jackson thinks a reverse Order 14 will unclog courts

The new climate of litigation, engendered in part by Lord Woolf, encourages courts to take a more proactive role in the litigation. In Bristol and elsewhere, the Mercantile Courts are already streamlining litigation by involving the same judge throughout. Notwithstanding recent developments, the remaining faults in the jurisdiction include an imbalance in the treatment of […]

Kuwaiti government denied immunity

Roger Pearson reports on a Court of Appeal ruling regarding sovereign immunity to UK legal proceedings The procedural way has been paved for a major international piece of litigation against the government of Kuwait involving allegations of torture. Papers in the case, in which a former Kuwaiti airforce officer claims he was tortured by members […]

Litigation Disciplinary Tribunals 06/06/95

PETER ALLEN JOHN HENRY, 49, admitted 1973, practised as Henry & Company, Swindon, Wiltshire, struck off. Allegations substantiated he was jailed for 18 months after being convicted of conspiracy to defraud. He was said to have certified authenticity of false documents and to have committed perjury in connection with the affairs of a client whose […]

Litigation Recent Decisions 30/05/95

Breathalyser procedure and quashing of conviction R v Burton upon Trent magistrates court, ex parte Phillip John Woolley (1994). (DC (Beldam LJ and Buxton J) 11/11/94). Summary: The Crown Prosecution Service’s advice to a defendant that it had presented inadmissible evidence was incorrect, and procedure for taking blood specimens from drivers in hospital. Application for […]

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