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22-09-2017 18:16:24 in Procedure by Lawrence Power
What Actually is a ‘Debt’? On 1st October 2017, the Pre-Action Protocol for Debt Claims, (the “Protocol”) is to come into force. This raises the question: what is a ‘debt’? For this Protocol, the only ‘guidance’ provided is on the Information Sheet (Annex 1), “you have received this [notice] because a business believes that you owe it money&rd...

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20-09-2017 17:52:03 in Procedure by Jerome Wilcox
  The Pre-Action Protocol for Debt Claims, (the “Protocol”), comes into force on 1st October 2017. The following article examines the concept of ‘debt’; this article focuses on the purpose, procedure and effects of the Protocol. The objective of a Pre-Action Protocol is to prescribe the conduct the court expects the parties to take prior to commencing legal proceedi...

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04-08-2017 16:32:49 in Procedure by Christopher Hanges
Lord Justice Jackson has tabled plans for extending fixed recoverable costs. He conceded that fixing it would not be possible without reform to procedures. Having previously suggested that fixed costs could be applied to all claims up to a value of £250,000, Jackson’s latest proposals account to a significant scaling back.  His report proposed finishing the job of introducing a f...

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10-07-2017 13:51:51 in General by 4KBW
The Head of Chambers sponsored female members of chambers to take part in the Women’s Forum. We were delighted to attend the Temple Women’s Forum Garden Party last week. This annual event was kindly ran by the Temple Women’s Forum, an organisation set up in 2012 with the view to supporting and encouraging women practitioners and judges throughout their careers at the Bar or ...

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28-06-2017 11:12:30 in General by 4KBW
Over the weekend, 4KBW’s newest tenant, Matthew Gillett, went viral on Twitter and made it onto the sport’s pages of the BBC website following a sartorial slip. Matthew is a Bristol City fan and season ticket holder. He pre-ordered the away shirt for the forthcoming 2017/18 season and when it arrived, all looked to be in order. However, after having worn it for a marathon training run...

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05-06-2017 14:20:47 in Aviation and Travel by 4KBW
In-Flight WiFi: How Gogo achieved its dominance  The in-flight WiFi provider ‘Gogo’ has a reputation for poor speed and connectivity, with travelers frequently complaining of the system’s slow speed compared to its price (costing up to $60). However, with Gogo possessing 80% of the market share the consumer often has no choice but to choose it as their in-flight WiFi provid...

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02-06-2017 19:01:32 in Procedure by 4KBW
Rule 44. 11 – Court’s powers in relation to misconduct: Part 44 of the Civil Procedure (Amendment) Rules 2013 (SI 2013/262) was re-enacted on 1st April 2013 and concerns the court’s powers in relation to misconduct. incur Where a party (a) fails to comply with a court rule in assessment or summary proceedings, or (b) acts unreasonably or improperly before or during proceedings t...

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30-05-2017 19:06:12 in Aviation and Travel by Christopher Loxton
The CJEU’s striking decision – Pešková examined On 4 May 2017, the Court of Justice of the European Union (“CJEU”) handed down judgment in the case of Marcela Pešková, Jirí Peška -v- Travel Service A.S. (C-315/15)[1] (“Pešková”). The case concerned the central question of whether a bird strike to an aircra...

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16-05-2017 12:19:03 in General by 4KBW
Mobile technology and the future of construction rental   Leasing construction equipmentis often a costly and time-consuming process. The equipment needs to be sourced, contracts need to be drawn up and signed, and delivery needs to be arranged. Getting the best deal might involve looking up dozens of potential providers to get quotes.   Those “in-the-know” in the industr...

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15-05-2017 17:36:04 in Civil Litigation by 4KBW
The High Court discourages misuse of Precedent R   Judgement was handed down on 12 May 2017 in Findcharm Limited v Churchill Group Limited [2017] EWHC 1108 (TCC) (available here). Parties making a tactically low Precedent R costs budget response in the hopes that the court will perform its own assessment to their advantage may instead find the court agreeing to the other party’s costs...

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12-05-2017 17:10:02 in Aviation and Travel by Jerome Wilcox
The electric car, once only the domain of eccentric Sci-Fi movies, has now well and truly found its way into everyday consumer life. So, what’s next for the world of fuel innovation? Will we really be able to power commercial flights using just electric fuel, as we now can cars? A start-up company formed just last year believes we will. The goal of Wright Electric is to make every short-hau...

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05-05-2017 14:21:52 in Aviation and Travel by Christopher Loxton
A collision between an aircraft and a bird may now be defined as an ‘extraordinary circumstance’, according to the Court of Justice for the European Union (“the Court”) in a judgment delivered on 4 May 2017. The ruling means that any collision with birds may exempt an air carrier from the need to pay compensation under Regulation (EC) No.261/2004 (“the Regulation&rdq...

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28-04-2017 16:45:24 in Aviation and Travel by Lawrence Power
We’ve all had the same problem: you walk too far away from your Wi-Fi router and, all of a sudden, your Wi-Fi stops working. We all know that it’s simply because the router’s signal isn’t strong enough to reach you that extra few feet away. There is sadly a limit on the strength of Wi-Fi connectivity. But, if Wi-Fi is so dependent upon your proximity to a router, doesn&rsqu...

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13-04-2017 20:51:57 in General by Robert Pidgeon
The government ignored opposition and is going ahead with the proposed probate fee increase. For estates worth over £2 million the fee could now be £20,000. What is probate? Probate describes the legal and financial processes involved in dealing with the property, money and other assets of the deceased. This normally involves the appointment of an executor who will deal with the dece...

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11-04-2017 20:00:46 in General by Christopher Hanges
The Court of Appeal held in a unanimous decision on 10 April 2017 in the case of LL v The Lord Chancellor [2017] EWCA Civ 237 (available here) that a claim can be brought against the Lord Chancellor following a High Court judge’s ‘gross and obvious irregularity’. Jackson LJ, with whom King and Longmore LJJ agreed, stressed that this decision did not traverse the long-established...

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