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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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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