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18 July 2014
Issue: 7615 / Categories: Features , Civil way , Procedure & practice
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Civil way: 18 July 2014

HIRE IN A MIRE

What’s this—claimant credit hire company and defendant tortfeaser’s insurers at war? Amazingly so, but in Akhtar v Boland [2014] EWCA Civ 872, [2014] All ER (D) 194 (Jun), the tanks were not in position over impecuniosity, hire period, cancellation rights, VAT, the engineer’s fee or the residual contents of the kitchen sink which these creative litigants inhabit, but a cute pleading issue.

The claim had the potential for an outing on the fast-track as it fell within the plus £5,000 up to £10,000 band—prior to the small claims limit being raised—though the defendant made various admissions in the defence before going on to aver in somewhat contradictory terms and to earn the description of incoherent by the claimant’s counsel before the Court of Appeal. However, the defendant’s allocation (now directions) questionnaire stated that the amount in dispute was circa £4,000 and, that being so, the claim fell within the remit of the small claims track. In the event, a district judge interpreted the defence as including admissions and entered judgment

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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