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Bloomsburry Family law


Wright v Law Society

Solicitors — Human Rights — Law Society resolved to intervene in solicitors’ practice — Applicant partners obtained interim relief restraining intervention on without notice application — Court refused to continue interim relief — Court had no power to devise less draconian intervention regime — Law Society had good grounds for suspecting dishonesty — Intervention did not contravene human rights since Law Society acted in the public interest and subject to conditions provided for by law — Solicitors Act 1974 sched 1 — European Convention on Human Rights First Protocol Art 1

A v Bottrill [2002] UKPC 44

Negligence - Personal Injury - Remedies - Damages - New Zealand - Exemplary damages - Under common law of New Zealand court’s jurisdiction to award exemplary damages in negligence cases not confined to cases where defendant intended to cause harm or was consciously reckless as to risks involved - Test for exemplary damages was outrageous conduct by wrongdoer - Claimant entitled to new trial on basis of new evidence of gross negligence by defendant

Long Eaton Plant Hire Ltd v Nelsons (a firm)

Costs - Solicitors - Solicitors estimated costs of county court action at £6,000 - Claimant obtained judgment for £1,800 and summarily assessed costs of £5,500 - Solicitors claimed costs of over £20,000 - Estimate could and should have been revised and solicitors would be held to estimate plus 15% - Duty to inform client if costs ‘running away’

Prescription only

The law surrounding the prescription of easements is fraught with problems, says Laurie Heller