Practice Areas

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 […]

Litigation Discliplinary Tribunals 30/05/95

THOMAS WILLIAM MAY, admitted 1962, practised as Marshall Hall & Levy, Tyne and Wear, struck off and ordered to pay £5,280 costs. Allegations substantiated he permitted client account to be operated by persons not authorised to do so, failed to maintain books correctly, wrongly drew and used client funds for his own purposes and purposes […]

Litigation Writs 30/05/95

Burglar alarm manufacturers Chubb Alarms is being sued by robbery victim Michael Clarke-Jervoise who lost paintings and antiques worth more than £193,000 after thieves broke into his home in Basingstoke, Hampshire. In 1977, Clarke-Jervoise purchased Clevedge House, in North Warnborough, Basingstoke, and arranged for Chubb to install a burglar alarm which the company then serviced […]

Susan Gordon on the fledgling Disability Discrimination Bill

The Government’s Disability Discrimination Bill was published in January 1995 in the wake of the public furore surrounding the failure in May 1994 of the Civil Rights [Disabled Persons] Bill. Under the terms of the Bill, which applies to any UK employer of 20 or more employees, an employer will discriminate against a disabled person […]

Litigation Recent Decisions 05/12/95

Operating private hire vehicle outside the terms of licence East Staffordshire Borough Council v Rendell (1995). DC (Simon Brown LJ and Sedley J) 3/11/95. Summary: A private hire car operator commits an offence by redirecting phone calls from his place of business in the district in which he is licensed to operate to premises in […]

Litigation Personal Injury 05/12/95

Clark v Newham Health Authority – QBD 20 November 1995 Claimant: Caroline Clark Accident: Medical negligence at birth Injuries: Cerebral palsy resulting from blunder at birth Award: £895,000 (agreed damages) Judge: Mr Justice Waterhouse Plaintiff’s solicitors: Kingsley Napley, London Defendant’s solicitors: Wiseman Lee Douse v Smith – QBD 16 November 1995 Claimant: Michael Douse, 2Accident: […]

Litigation Disciplinary Tribunals 05/12/95

Donald Edwin Strong, 57, admitted 1960, sole practitioner at Tadworth, Surrey, at material times, struck off and ordered to pay £1,217 costs. Allegations substantiated he dishonestly or improperly utilised client money for his own benefit, failed to maintain his accounts correctly and was guilty of unreasonable delay in completion of conveyancing formalities. Tribunal told investigation […]

Done in the name of Scientology

A major case against the Scientologists alleging a regime of imprisonment and violence on students who stepped out of line at their East Grinstead headquarters has recently been transferred to the High Court and is now pending. The Scientologists are being sued by two students from Zimbabwe who say they won scholarships to study with […]

Litigation Recent decisions 05/09/95

Kuwait Airways Corporation v Iraqi Airways Company and anor (1995). HL (Lords Goff, Jauncey, Mustill, Slynn and Nicholls) 24/7/95. Summary: Seizure and retention of Kuwaiti aircraft by Iraqi airline was not necessarily conduct subject to sovereign immunity because it was done on the orders of the Iraqi government when invading Kuwait. Appeal by the plaintiff, […]

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