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Law digest: 4 December 2009

03 December 2009
Issue: 7396 / Categories:
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Adjudication; Immigration; Practice; Third party debt orders

Adjudication

Allied P & L Ltd v Paradigm Housing Group Ltd [2009] EWHC 2890 (TCC), [2009] All ER (D) 240 (Nov)

It was established by authority that:

(a) to enable a dispute or difference to arise, there had to be a claim, an assertion or adoption of a position by one party which was expressly or by implication rejected or at least not accepted by the other. The claim, assertion, rejection or non-acceptance did not need to be in writing or to be in any form or necessarily be detailed.

(b) The claim, assertion or adoption of the position had to be communicated to the other party. It could not be enough to create a dispute that one party simply believed in its own mind (without any communication to the other) that if it was to make a claim it would in all probability be rejected by the other party.

(c) One had to look at the history and the context in which the dispute was said to have arisen but the

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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