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Civil way: 18 July 2014

18 July 2014
Issue: 7615 / Categories: Features , Civil way , Procedure & practice
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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 for the admitted amounts, allocated to the small claims track

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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