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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 for the admitted amounts, allocated to the small claims track

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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