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Search Results for: Registered Homes Act 1984 30
Martine v South East Kent Health Authority: CA 22 Mar 1993
The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff’s nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority’s chief nursing officer. The order cancelling the registration was made by the magistrate and the nursing … Continue reading Martine v South East Kent Health Authority: CA 22 Mar 1993
Douce and Another v Staffordshire County Council: CA 19 Apr 2002
The claimant ran a Nursing Home. He sought damages from the respondent for economic losses suffered after an allegedly negligent interpretation by the authority of the Act led them to require of the claimant to employ more staff than the Act actually required. The authority required the home to staff it ‘to capacity’ rather than … Continue reading Douce and Another v Staffordshire County Council: CA 19 Apr 2002
Jain and another v The United Kingdom: ECHR 16 Sep 2009
Citations: 39598/09, [2009] ECHR 1391 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007 The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the … Continue reading Jain and another v The United Kingdom: ECHR 16 Sep 2009
Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Jain and another v The United Kingdom: ECHR 9 Mar 2010
The applicants ran a Registered Nursing Home. The health authority, having concerns about its elderly residents, brought an ex parte application under section 30 of the Registered Homes Act 1984 for an order cancelling the Certificate of Registration. The application was successful and the applicants’ Certificate of Registration was cancelled with immediate effect. The applicants … Continue reading Jain and another v The United Kingdom: ECHR 9 Mar 2010
Jain and Another v Trent Strategic Health Authority: QBD 4 Dec 2006
Sir Douglas Brown [2006] EWHC 3019 (QB) Bailii Registered Homes Act 1974 30 England and Wales Cited by: Appeal from – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007 The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of … Continue reading Jain and Another v Trent Strategic Health Authority: QBD 4 Dec 2006
Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty. Held: The magistrate had made his decision on the inaccurate material placed before him. … Continue reading Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007
Crest Nicholson Residential (South) Ltd v McAllister: CA 1 Apr 2004
Land had been purchased which was subject to a restrictive covenant. The papers did not disclose the precise extent of the dominant land, the land which benefitted from the restriction. Held: The land having the benefit of a covenant had to be easily ascertainable. It would be oppressive to expect a purchaser of land to … Continue reading Crest Nicholson Residential (South) Ltd v McAllister: CA 1 Apr 2004
Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by then ruined. The authority was criticised scathingly. The Authority replied that no allegation of bad … Continue reading Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009
Rainy Sky Sa and Others v Kookmin Bank: SC 2 Nov 2011
Commercial Sense Used to Interpret Contract The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations. Held: The appeal succeeded. In such a case the court should adopt the more, rather than the less, commercial construction, applying the … Continue reading Rainy Sky Sa and Others v Kookmin Bank: SC 2 Nov 2011
Interlego AG v Tyco Industries Inc: PC 5 May 1988
How much new material for new copyright (Hong Kong) Toy building bricks were manufactured by Lego in accordance with engineering drawings made for that purpose. One issue was whether new drawings made since 1972, altering the original drawings in various minor respects but added new information addressed to the purchaser in the form of written … Continue reading Interlego AG v Tyco Industries Inc: PC 5 May 1988
