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17 November 2011
Issue: 7490 / Categories: Features , Civil way , Procedure & practice
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Civil way: 18 November 2011

On and on. X Factor? No, the credit hire litigation....

 

PUTTING PAID TO DEFENCE
 
On and on. X Factor? No, the credit hire litigation. Accident Exchange has recently trumped the defence of the tortfeaser’s insurers that credit hire charges were irrecoverable because of the unenforceability of two hire agreements. The deft route to success was for the claimant to notionally pay the charges. What happened is that Accident Exchange as agent for the claimant’s insurers transferred the amount of the charges of £138,000 to…Accident Exchange. “Meeting fire with fire” is how the claimant’s silk put it in W v Veolia Environmental Services (UK) PLC [2011] EWHC 2020 (QB), [2011] All ER (D) 280 (Jul) which was heard by Judge Mackie QC sitting in the London Mercantile Court. 
 
The claimant would be under a duty to account to his insurers for hire charges recovered as damages and if the underlying hire agreements were unenforceable that would have no impact on the duty to account. A novel argument, which the judge
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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