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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
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