[2020] EWHC 2089 (Ch)
Bailii
England and Wales
Updated: 15 October 2021; Ref: scu.653011 br>
[2020] EWHC 2089 (Ch)
Bailii
England and Wales
Updated: 15 October 2021; Ref: scu.653011 br>
The claimant claimed the sum of USD 12,108,072.50 plus contractual interest by way of adjusted hire for the floating production, storage and offloading vessel Voyageur Spirit. That sum is said to be due under the terms of a Sub-Bareboat Charter Party. The defendant disputes that claim and counterclaims for the sum of USD 3,837,580.91 by way of hire that it says that it has overpaid.
[2020] EWHC 1891 (Comm)
Bailii
England and Wales
Updated: 15 October 2021; Ref: scu.652960 br>
Applications, as follows:
(1) The application of the Defendant (‘the Bank’) to set aside the order of Carr J (as she then was) allowing service out of the original claim form;
(2) The Bank’s application to set aside the order of Carr J giving leave to serve the original claim form by alternative means;
(3) The application of the Claimant (‘Mr Ridley’) to amend his particulars of claim.
Christopher Hancock QC (sitting as a Judge of the High Court)
[2020] EWHC 1213 (Comm)
Bailii
England and Wales
Updated: 15 October 2021; Ref: scu.651176 br>
Mr. Justice Jacobs
[2020] EWHC 805 (Comm)
Bailii
England and Wales
Cited by:
See Also – Trafigura Maritime Logistics Pte Ltd v Clearlake Shipping Pte Ltd ComC 27-Apr-2020
Return date in respect of two mandatory injunctions requiring a voyage charterer, Clearlake, and a sub-voyage charterer, Petrobras, ‘forthwith’ to provide such bail or other security required to secure the release of the vessel MIRACLE HOPE from . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 October 2021; Ref: scu.649886 br>
Parties disputed the headship of a foreign state (Venezuela), and to ownership of funds held by the bank for that state
Teare J
[2020] EWHC 1721 (Comm), [2020] WLR(D) 382
Bailii, WLRD
England and Wales
Cited by:
Cited – Deutsche Bank Ag London Branch v Receivers Appointed By The Court and Others ComC 24-Jul-2020
Rule on a dispute between the parties as to the declarations which should be made following the court’s judgment. . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 October 2021; Ref: scu.652447 br>
Peter MacDonald Eggers QC
[2020] EWHC 303 (Comm)
Bailii
England and Wales
Updated: 15 October 2021; Ref: scu.648589 br>
The Claimant time charterer seeks an urgent mandatory injunction compelling the Defendant voyage charterer to provide security to enable the release of the MT ‘Miracle Hope’ (the ‘Vessel’), which is currently under arrest in Singapore. In summary, the Claimant alleges that the Defendant is contractually obliged to provide the security sought but has so far failed to do so.
Mr Justice Henshaw
[2020] EWHC 726 (Comm)
Bailii
England and Wales
Cited by:
See Also – Trafigura Maritime Logistics Pte Ltd v Clearlake Shipping Pte Ltd ComC 27-Apr-2020
Return date in respect of two mandatory injunctions requiring a voyage charterer, Clearlake, and a sub-voyage charterer, Petrobras, ‘forthwith’ to provide such bail or other security required to secure the release of the vessel MIRACLE HOPE from . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 October 2021; Ref: scu.649891 br>
Mr Justice Henshaw
[2020] EWHC 1283 (Comm)
Bailii
England and Wales
Updated: 15 October 2021; Ref: scu.651164 br>
(Leasehold) Disputes (Management) – Service Charges
[2019] UKFTT RP – BIR – 31UB –
Bailii
England and Wales
Updated: 15 October 2021; Ref: scu.647500 br>
CORPORATION TAX – UK branches of Irish banks – interest expense – whether deductible – attribution of notional capital – ICTA section 11AA(3)(b) – construction and application of UK – Ireland DTC.
[2019] UKUT 277 (TCC), [2019] STI 1684, 22 ITL Rep 224, [2019] STC 2286
Bailii
England and Wales
Cited by:
Appeal from UTTC – Irish Bank Resolution Corporation Ltd v Revenue and Customs CA 28-Aug-2020
. .
Lists of cited by and citing cases may be incomplete.
Updated: 15 October 2021; Ref: scu.643795 br>
CAPITAL GAINS TAX – principle private residence relief – HMRC decision that extra-statutory concession D49 should not apply – whether or not FTT has jurisdiction to consider application of ESC D49 – held not – appeal struck out
[2019] UKFTT 659 (TC)
Bailii
England and Wales
Updated: 15 October 2021; Ref: scu.644056 br>
Rents – Market Rent – Assured Shorthold Tenancy
[2019] UKFTT RP – CAM – 00JA –
Bailii
England and Wales
Updated: 15 October 2021; Ref: scu.647466 br>
Hale LJ identified the general considerations that should be applied when sentencing for contempt. She also identified the purpose of sentencing. She identified the special considerations that are relevant in the context of family cases: ‘Family cases, it has long been recognised, raise different considerations from those elsewhere in the civil law. The two most obvious are the heightened emotional tensions that arise between family members and often the need for those family members to continue to be in contact with one another because they have children together or the like . . Having said that, first, these cases have to come before the court on an application to commit. That is the only procedure which is available. Not surprisingly, therefore, the court is directing its mind to whether or not committal to prison is the appropriate order. But it does not follow from that that imprisonment is to be regarded as the automatic consequence of the breaches of an order.’
Hale LJ
[2000] EWCA Civ 5570, [2000] 2 FLR 879, [2000] 1 WLR 2377
Bailii
England and Wales
Cited by:
Approved – Murray v Robinson CA 12-Jul-2005
M appealed from findings that he had been in contempt of court for three breaches of non-molestation injunctions.
Held: In this area, as in other areas, imprisonment needs to be reserved for those cases where imprisonment is necessary. It must . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 October 2021; Ref: scu.632183 br>
[2018] UKAITUR HU251812016
Bailii
England and Wales
Updated: 15 October 2021; Ref: scu.630891 br>
C-122/94, [1996] EUECJ C-122/94
Bailii
Updated: 05 January 2021; Ref: scu.161343 br>
C-56/93, [1996] EUECJ C-56/93
Bailii
Updated: 05 January 2021; Ref: scu.161080 br>
C-97/90, [1991] EUECJ C-97/90
Bailii
Updated: 04 January 2021; Ref: scu.160475 br>
Application for leave to appeal.
[1999] EWCA Civ 1457
Bailii
England and Wales
Updated: 02 January 2021; Ref: scu.146372 br>
Application for permission to appeal against dismissal of claim for negligence.
Henry LJ, Pill LJ
[1999] EWCA Civ 1342
Bailii
England and Wales
Updated: 02 January 2021; Ref: scu.146257 br>
Application for permission to appeal and an extension of time for appealing.
[1999] EWCA Civ 1310
Bailii
England and Wales
Updated: 02 January 2021; Ref: scu.146225 br>
[1999] EWCA Civ 1277
Bailii
England and Wales
Updated: 02 January 2021; Ref: scu.146192 br>
The marriage was unhappy. The wife consulted briefly but did not instruct a solicitor, Mr Tooth. Some 7 years later as divorce proceedings were considered, the husband did instruct Mr Tooth. She sought to prevent him acting, but then wanted to withdraw her summons. The husband would only agree if she paid the costs. She refused.
Held: The summons was quite properly issued. There was a real matter to be considered. The point of view of the petitioner wife was put forward moderately it seems to me. It was met with a very strong rebuff which indicated that, come what may, the respondent husband was going to seed the dismissal of the matter with costs. There remained a real and not just fanciful risk of conflict. The husband’s appeal against the costs order failed.
[1999] EWCA Civ 890
Bailii
England and Wales
Citing:
Cited – In Re A Firm of Solicitors ChD 9-May-1995
A solicitor moving from a firm acting on one side of a dispute to the firm on the other side must be able to show that no conflict of interest would arise. The court should intervene unless it is satisfied that there is no risk of disclosure. It . .
Cited – Prince Jefri Bolkiah v KPMG (A Firm) HL 16-Dec-1998
Conflicts of Duty with former Client
The House was asked as to the duties of the respondent accountants (KPMG). KPMG had information confidential to a former client, the appellant, which might be relevant to instructions which they then accepted from the Brunei Investment Agency, of . .
Cited – RTZ Pension Property Trust Ltd v ARC Property Developments Ltd and Asfa Limited CA 26-Nov-1998
Where a plaintiff discontinued his action, but still sought costs from the defendant, he had to show some misconduct by the defendant, such as encouraging the action by concealment of a defence. A mere late amendment causing no loss was not . .
These lists may be incomplete.
Updated: 01 January 2021; Ref: scu.145805 br>
[1999] EWCA Civ 840, QBENF 98/0242/1
Bailii
England and Wales
Cited by:
Cited – Gray v Fire Alarm Fabrication Services Ltd and others QBD 3-Mar-2006
The deceased, a maintenance engineer died after falling through a skylight at work. The court considered the respective liabilities of his employer and the landowner. . .
These lists may be incomplete.
Updated: 01 January 2021; Ref: scu.145755 br>
[1999] EWCA Civ 864
Bailii
Updated: 01 January 2021; Ref: scu.145779 br>
[1999] EWCA Civ 615
Bailii
Updated: 01 January 2021; Ref: scu.145530 br>
[1999] EWCA Civ 597
Bailii
England and Wales
Updated: 01 January 2021; Ref: scu.145512 br>
[1999] EWCA Civ 550
Bailii
England and Wales
Updated: 01 January 2021; Ref: scu.145465 br>
[1998] EWCA Civ 1867
Bailii
England and Wales
Updated: 01 January 2021; Ref: scu.145346 br>
The respondent requested the appellant’s notice of appeal to be struck out as vexatious, on the basis that it misrepresented the nature of the judgement.
Held: The interpretation of the document was the only one available to the judge. Notice of Appeal struck out.
Lord Justice Evans, Lord Justice Ward
[1998] EWCA Civ 1784, [1998] EWCA Civ 1784
Bailii
Law of Property (Miscellaneous Provisions) Act 1989 1
England and Wales
Updated: 31 December 2020; Ref: scu.145263 br>
[1998] EWCA Civ 1722
Bailii
England and Wales
Updated: 31 December 2020; Ref: scu.145201 br>
The parties had been partners in a family farm. On dissolution there was a dispute as to apportionment of costs. An offer had been ‘without prejudice save as to costs’.
Held: Costs may be denied to a plaintiff who had received a Calderbank offer before proceedings but had refused to negotiate, even though she got more at trial. In matrimonial matters such an offer must be accompanied by full disclosure. An offer to settle made before an action and which was exceeded in the judgement for the plaintiff could still operate to deny the plaintiff costs where the court felt a reasonable plaintiff should have settled on that basis, or tried to negotiate.
Gazette 18-Nov-1998, Gazette 11-Nov-1998, Times 09-Nov-1998, [1999] 2FCR 165, [1998] EWCA Civ 1648
Bailii
England and Wales
Citing:
Cited – Gojkovic v Gojkovic (No 2) CA 1-Apr-1991
In ancillary relief proceedings, the husband had not made frank disclosure of his assets. The final Calderbank offer of andpound;600,000 was made only the day before the substantive hearing. The offer was rejected. The judge awarded the wife a lump . .
Cited – Alan Michael Sugar v Terence Frederick Venables and Michael Joseph Limited (2) CA 17-Oct-1997
The appellant challenged an order for costs against him. He had begun defamation proceedings which were settled upon the terms of an offer without prejudice as to costs. The plaintiff was ordered to pay the defendant’s substantial costs incurred . .
Cited – Calderbank v Calderbank CA 1975
Letter Without Prejudice Save as to Costs
Husband and wife disputed provision under 1973 Act, and a summons under section 17 of the 1882 Act. The wife had offered to transfer a house occupied by his mother, worth about pounds 12,000, in return for him leaving the matrimonial home. He . .
Cited – McDonnell v McDonnell CA 1977
In family proceedings, a costs letter had been written in the form suggested in Calderbank.
Held: The court accepted and endorsed the practice suggested by Cairns LJ. Ormrod LJ said: ‘The important factor which distinguishes this case is the . .
Cited – Cutts v Head and Another CA 7-Dec-1983
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining . .
Cited – C and H Engineering v F Klucznic and Sons Limited 1992
It is for a defendant to make a clear and unambiguous offer and nothing short of this will provide the protection against costs which is sought. . .
Cited – Roache v News Group Newspapers Ltd CA 23-Nov-1992
In his libel action the plaintiff was awarded andpound;50,000 damages. The same sum had been paid into court, but he obtained additionally an injunction against further publication of the libel and on that account was awarded his costs by the judge . .
Cited – Singh v Parkfield Group Plc QBD 27-Jun-1994
An offer to settle must be backed by a payment into court in debt actions. The defendant here could have protected his position by a payment into court, and therefore a Calderbank offer was ineffective. . .
Cited by:
Cited – Norris v Norris, Haskins v Haskins CA 28-Jul-2003
The court considered how orders for costs were to be made in ‘big money’ cases.
Held: There were two sets of rules. Cases should be considered by first applying the Civil Procedure Rules. This would allow the court to consider the full range . .
These lists may be incomplete.
Updated: 31 December 2020; Ref: scu.145127 br>
[1998] EWCA Civ 1653
Bailii
England and Wales
Citing:
See Also – Zipporah Mainwaring, Robert Lisle v Goldtech Investments Limited CA 12-Aug-1997
. .
These lists may be incomplete.
Updated: 31 December 2020; Ref: scu.145132 br>
A person who is liable to be detained in a hospital by virtue of an application or order under that Act may either be actually detained or given leave of absence. While on leave of absence it may well be that the patient’s disorder is not such that he needs to be detained in hospital. But he remains liable to be detained, and may be recalled to hospital, unless and until the application or order authorising his detention lapses or he is discharged.
[1999] 1 FLR 106, [1998] EWCA Civ 1347
Bailii
Mental Health Act 1983
England and Wales
Cited by:
Cited – Khadir, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Jun-2005
The applicant who had entered England hidden in a lorry, claimed asylum, and had his claim rejected. It was said that as an Iraqi Kurd, he would be safe in the Kurdish area of Iraq. No safe means had been found of ensuring his return over some four . .
These lists may be incomplete.
Updated: 31 December 2020; Ref: scu.144826 br>
[1998] EWCA Civ 1291
Bailii
England and Wales
Updated: 31 December 2020; Ref: scu.144770 br>
The claimant let a house to the defendant under an assured shorthold tenancy. In breach of condition, the defendant operated her licensed conveyancer’s business from the premises. Under an associated arrangement land was let to the defendant for her horses. On a possession action, the defendant asserted that the letting was a business tenancy protected under the 1954 Act, and also claimed for improvements and counterclaimed for damages for nuisance caused by rats. The judge had found a surrender and regrant, but there had been no acquiescence in the business operation.
Held: The defendant had not made out any sufficient grounds of appeal, and leave to appeal was refused.
[1998] EWCA Civ 1253
Bailii
Landlord and Tenant Act 1954, Housing Act 1985 11
England and Wales
Updated: 31 December 2020; Ref: scu.144732 br>
Application for leave to appeal refused.
[1998] EWCA Civ 908
Bailii
England and Wales
Updated: 31 December 2020; Ref: scu.144387 br>
Application for notice of appeal be struck out – security for costs and leave to adduce further evidence
[1998] EWCA Civ 634
Bailii
England and Wales
Citing:
See also – Rogers and Rogers v Freeguard and Freeguard CA 19-Oct-1998
The parties had drawn up ands executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was . .
See Also – Freeguardand another v Rogers and another CA 31-Mar-1999
After protracted, complicated and bitter litigation, ‘To put the matter quite briefly, Mr and Mrs Rogers’s solicitors appear to be taking advantage rightly or wrongly – and if they have a legal right to do so, of course they have a right to do so – . .
Cited by:
See also – Rogers and Rogers v Freeguard and Freeguard CA 19-Oct-1998
The parties had drawn up ands executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was . .
See Also – Freeguard v Rogers CA 26-Jan-1999
Judgment had been obtained. An order was in preparation for specific performance of an option over land. The parties were unable to agree the form of the order, and it was relisted.
Held: The Freeguards’ objections to the proposed form had no . .
See Also – Freeguardand another v Rogers and another CA 31-Mar-1999
After protracted, complicated and bitter litigation, ‘To put the matter quite briefly, Mr and Mrs Rogers’s solicitors appear to be taking advantage rightly or wrongly – and if they have a legal right to do so, of course they have a right to do so – . .
These lists may be incomplete.
Updated: 31 December 2020; Ref: scu.144112 br>
[1998] EWCA Civ 601
Bailii
England and Wales
Updated: 31 December 2020; Ref: scu.144079 br>
[1998] EWCA Civ 263
Bailii
England and Wales
Updated: 30 December 2020; Ref: scu.143741 br>
[1998] EWCA Civ 127
Bailii
Updated: 30 December 2020; Ref: scu.143605 br>
[1998] EWCA Civ 31
Bailii
Updated: 30 December 2020; Ref: scu.143509 br>
[1998] EWCA Civ 9
Bailii
Updated: 30 December 2020; Ref: scu.143487 br>
[1997] EWCA Civ 3045
Bailii
Updated: 30 December 2020; Ref: scu.143444 br>
The respondent’s practice had suffered intervention by the Council. He complained that they had not followed the required procedure.
Held: The notices were lawful. The issues were ones of public law, and the respondent was required to frame his claim by way of judicial review, and to use an ordinary action would be an abuse of process. This was not a case in which the public law element was incidental.
[1997] EWCA Civ 3038
Bailii
Administration of Justice Act 1985 31
Citing:
Cited – Regina v Inland Revenue Commissioners ex parte Rossminster Ltd HL 13-Dec-1979
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of . .
These lists may be incomplete.
Updated: 30 December 2020; Ref: scu.143437 br>
[1997] EWCA Civ 3059
Bailii
England and Wales
Updated: 30 December 2020; Ref: scu.143458 br>
The use of a building for data processing does not qualify it as the subjection of goods or materials to any process and therefore no capital allowance was claimable.
Times 06-Jan-1998, Gazette 11-Feb-1998, [1997] EWCA Civ 3061
Bailii
Capital Allowances Act 1990 18
Citing:
Appeal from – Girobank Plc v Clarke (Inspector of Taxes) ChD 21-Mar-1996
The part use of an industrial building as an office defeats a capital allowance claim. . .
Cited by:
Appealed to – Girobank Plc v Clarke (Inspector of Taxes) ChD 21-Mar-1996
The part use of an industrial building as an office defeats a capital allowance claim. . .
These lists may be incomplete.
Updated: 30 December 2020; Ref: scu.143460 br>
[1997] EWCA Civ 2974
Bailii
Updated: 30 December 2020; Ref: scu.143373 br>
The defendant sought leave to add the legal professionals acting for the estate of the deceased as defendants so that she could allege conspiracy.
Held: This was the twelfth or so time the court had been asked to consider this or a similar request. Each time it had been rejected as an abuse. Leave to appeal refused.
[1997] EWCA Civ 3004
Bailii
Updated: 30 December 2020; Ref: scu.143403 br>
[1997] EWCA Civ 2958
Bailii
Updated: 30 December 2020; Ref: scu.143357 br>
Leave to appeal refused – claim in negligence against police – hopeless case.
[1997] EWCA Civ 2967
Bailii
Updated: 30 December 2020; Ref: scu.143366 br>
[1997] EWCA Civ 2946
Bailii
Updated: 30 December 2020; Ref: scu.143345 br>
[1997] EWCA Civ 2898
Bailii
Updated: 30 December 2020; Ref: scu.143297 br>
[1997] EWCA Civ 2715
Bailii
Citing:
Appeal from – State of the Netherlands v John Richard Ludbrooke Youell and Another ComC 20-Mar-1997
ComC Marine insurance – joint and composite insurance – distinction – relevance of subrogation – pervasive interests of co-assured – no bar to composite status – voluntary payment – relevance of wilful misconduct . .
Cited by:
Appealed to – State of the Netherlands v John Richard Ludbrooke Youell and Another ComC 20-Mar-1997
ComC Marine insurance – joint and composite insurance – distinction – relevance of subrogation – pervasive interests of co-assured – no bar to composite status – voluntary payment – relevance of wilful misconduct . .
These lists may be incomplete.
Updated: 30 December 2020; Ref: scu.143114 br>
The appellant challenged an order for costs against him. He had begun defamation proceedings which were settled upon the terms of an offer without prejudice as to costs. The plaintiff was ordered to pay the defendant’s substantial costs incurred during a six-month period, after a large payment into court had been made and before it was accepted whilst a suitable form of undertaking was being considered. It was the basic contention of the unsuccessful plaintiff there that ‘in all circumstances it is incumbent upon the defendant seeking protection as to costs to make an unambiguous and unequivocal offer in terms capable of instant acceptance.’
Held: (Simon Brown LJ) ‘I would reject that contention. It involves, to my mind, an altogether too mechanistic approach to the issue of costs and is in any event irreconcilable with this court’s judgment in Roache. If the argument were sound the plaintiff would be free to ignore an express offer to negotiate an appropriate undertaking and be entitled to litigate on at the defendant’s expense until the undertaking came to be in a form which he was prepared to accept. Roache itself, in my judgment, demonstrates this to be wrong. There no offer whatever of an undertaking was made, indeed the application for an injunction was resisted, and yet an injunction having in fact then been granted, the defendants were nevertheless adjudged to have been the substantial winners. The real reason, as this court found, why the plaintiff there had fought on was to try to obtain greater damages than were on offer. In that he failed. That, French J found, was the substantial reason why this plaintiff too was prolonging these proceedings after the payment in.’
Simon Brown LJ
[1997] EWCA Civ 2509
Bailii
Citing:
Cited – Roache v News Group Newspapers Ltd CA 23-Nov-1992
In his libel action the plaintiff was awarded andpound;50,000 damages. The same sum had been paid into court, but he obtained additionally an injunction against further publication of the libel and on that account was awarded his costs by the judge . .
Cited by:
Cited – Jill Louise Butcher v Timothy Edward Wolfe and John Robert Wolfe CA 30-Oct-1998
The parties had been partners in a family farm. On dissolution there was a dispute as to apportionment of costs. An offer had been ‘without prejudice save as to costs’.
Held: Costs may be denied to a plaintiff who had received a Calderbank . .
These lists may be incomplete.
Updated: 30 December 2020; Ref: scu.142907 br>
[1997] EWCA Civ 2451
Bailii
Updated: 30 December 2020; Ref: scu.142849 br>
[1997] EWCA Civ 2442
Bailii
Updated: 30 December 2020; Ref: scu.142840 br>
[1997] EWCA Civ 2261
Bailii
Updated: 30 December 2020; Ref: scu.142658 br>
[1997] EWCA Civ 2227
Bailii
Updated: 30 December 2020; Ref: scu.142624 br>
[1997] EWCA Civ 2245
Bailii
Updated: 30 December 2020; Ref: scu.142642 br>
[1997] EWCA Civ 2080
Bailii
England and Wales
Updated: 29 December 2020; Ref: scu.142477 br>
[1997] EWCA Civ 1805
Bailii
Citing:
Appeal from – De Souza v Automobile Association EAT 31-Jan-1997
. .
See Also – De Souza v Automobile Association CA 19-Dec-1985
The claimant appealed against a finding that there had been no race discrimation in her case. She had overheard a manager refer to her as ‘the wog’. She said that this was sufficient to mean that she suffered a detriment. The employer replied that . .
These lists may be incomplete.
Updated: 29 December 2020; Ref: scu.142201 br>
[1997] EWCA Civ 1683
Bailii
Updated: 29 December 2020; Ref: scu.142079 br>
[1997] EWCA Civ 1666
Bailii
Updated: 29 December 2020; Ref: scu.142062 br>
[1997] EWCA Civ 1293
Bailii
Citing:
Cited – Mark Rowlands v Berni Inns Ltd CA 1985
The plaintiff owned the freehold and had let the basement to the defendant. The plaintiff insured the building. The defendant covenanted to pay to the plaintiff an insurance rent equal to the proportionate cost of insuring the part of the building . .
These lists may be incomplete.
Updated: 29 December 2020; Ref: scu.141689 br>
Application for leave to appeal out of time against possession order.
[1997] EWCA Civ 1169
Bailii
Updated: 29 December 2020; Ref: scu.141565 br>
[1997] EWCA Civ 1138
Bailii
Citing:
Appeal from – Regina v Cotswold District Council ex parte Jennifer Kissel Admn 20-Nov-1996
Listed buildings consent. . .
These lists may be incomplete.
Updated: 29 December 2020; Ref: scu.141534 br>
[1997] EWCA Civ 1039
Bailii
Updated: 29 December 2020; Ref: scu.141435 br>
Leave to appeal – privilege against self-incrimination.
[1997] EWCA Civ 866
Bailii
Cited by:
Leave – Bell Cablemedia Plc etc v Simmonds CA 29-Apr-1997
Any person who is legitimately in premises may refer any material found there to the police. . .
These lists may be incomplete.
Updated: 29 December 2020; Ref: scu.141262 br>
[1996] EWCA Civ 1281
Bailii
Updated: 29 December 2020; Ref: scu.141149 br>
[1996] EWCA Civ 1258
Bailii
Citing:
See Also – Ali Shipping Corporation v Sour Brodgradevina Industrija ‘Jozo Lozovina – Mosor’ and Others ComC 18-Sep-1997
Arbitration – confidentiality – implied term – no term implied because not necessary to make contract work. Ali refused injunction against yard to restrain it from disclosing evidence and reasons in award between Ali and yard to other buyers in the . .
Cited by:
See Also – Ali Shipping Corporation v Sour Brodgradevina Industrija ‘Jozo Lozovina – Mosor’ and Others ComC 18-Sep-1997
Arbitration – confidentiality – implied term – no term implied because not necessary to make contract work. Ali refused injunction against yard to restrain it from disclosing evidence and reasons in award between Ali and yard to other buyers in the . .
These lists may be incomplete.
Updated: 28 December 2020; Ref: scu.141126 br>
Plea of non est factum – case arguable – leave to appeal given.
[1996] EWCA Civ 1211
Bailii
Updated: 28 December 2020; Ref: scu.141079 br>
[1996] EWCA Civ 1128
Bailii
Updated: 28 December 2020; Ref: scu.140995 br>
[1996] EWCA Civ 1124
Bailii
Updated: 28 December 2020; Ref: scu.140991 br>
A request for a trial after the six month limit, but within the fifteen month limit, was valid without a prior application for extension of time, despite the automatic directions provisions.
Gazette 13-Dec-1996, Times 09-Dec-1996, [1996] EWCA Civ 1031
Bailii
County Court Rules 1981 O 17 r 11(3)(d)
Updated: 28 December 2020; Ref: scu.140898 br>
Appeal – premature commencement of proceedings.
[1996] EWCA Civ 976
Bailii
Updated: 28 December 2020; Ref: scu.140843 br>
[1996] EWCA Civ 846
Bailii
Updated: 27 December 2020; Ref: scu.140713 br>
[1996] EWCA Civ 762
Bailii
Updated: 27 December 2020; Ref: scu.140629 br>
[1998] EWHC Admin 724
Bailii
Updated: 26 December 2020; Ref: scu.138845 br>
[1997] EWCA Civ 2703
Bailii
England and Wales
Updated: 26 December 2020; Ref: scu.143102 br>
[1997] EWHC Admin 1038
Bailii
Updated: 25 December 2020; Ref: scu.137983 br>
[1997] EWHC Admin 1042
Bailii
Road Traffic Act 1988 143(2)
Citing:
Appealed to – Director of Public Prosecutions v Kavaz CACD 17-Mar-1999
The duty to demonstrate that a car is properly insured and has an MOT certificate remains the responsibility of the actual driver. . .
Cited – Rex v Oliver 1944
When an Act of Parliament provides that a person shall not do a certain thing unless he has a licence, the onus is always on the defendant to prove that he has a licence because it is a fact peculiarly within his own knowledge . .
Cited by:
Appeal from – Director of Public Prosecutions v Kavaz CACD 17-Mar-1999
The duty to demonstrate that a car is properly insured and has an MOT certificate remains the responsibility of the actual driver. . .
These lists may be incomplete.
Updated: 25 December 2020; Ref: scu.137987 br>
[1997] EWHC Admin 987
Bailii
Updated: 25 December 2020; Ref: scu.137932 br>
[1997] EWHC Admin 920
Bailii
Updated: 25 December 2020; Ref: scu.137865 br>
Forbes J
[1997] EWHC Admin 916
Bailii
Updated: 25 December 2020; Ref: scu.137861 br>
[1997] EWHC Admin 877
Bailii
Updated: 25 December 2020; Ref: scu.137822 br>
[1997] EWHC Admin 876
Bailii
Updated: 25 December 2020; Ref: scu.137821 br>
[1997] EWHC Admin 865
Bailii
Updated: 25 December 2020; Ref: scu.137810 br>
[1997] EWHC Admin 836
Bailii
Updated: 25 December 2020; Ref: scu.137781 br>
The appellants appealed a refusal of an inspector to set aside an enforcement notice with regard to the alteration of use of an outbuilding to a residence. He asserted that no enforcement action having been taken for four years, the enforcement could not proceed. There had been use over a longer period, but there had been a break. In fact, the Inspector had, too gently, expressed his disbelief of the appellant’s evidence. There was no use for the period asserted and the appeal failed.
HC Admin 803
Bailii
Town and Country Planning Act 1990 174(2), 171B(2)
Updated: 25 December 2020; Ref: scu.137748 br>
[1997] EWHC Admin 818
Bailii
Updated: 25 December 2020; Ref: scu.137763 br>
[1997] EWHC Admin 771
Bailii
Updated: 25 December 2020; Ref: scu.137716 br>
[1997] EWHC Admin 734
Bailii
Criminal Procedure (Insanity) Act 1964 5
Updated: 25 December 2020; Ref: scu.137679 br>
[1996] EWHC Admin 72
Bailii
Updated: 23 December 2020; Ref: scu.136620 br>
[1995] EWHC Admin 4
Bailii
England and Wales
Updated: 23 December 2020; Ref: scu.136189 br>
(1992) 64 P and CR 257
England and Wales
Cited by:
Cited – Save Britain’s Heritage, Regina (on The Application of) v Secretary of State for Communities and Local Government and Others Admn 14-May-2010
The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not . .
[2010] EWHC 979 (Admin), [2010] NPC 57, [2010] JPL 1429, [2011] Env LR 6
These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.415075 br>
Sheriff Samuel Cathcart
ScotC
Updated: 15 December 2020; Ref: scu.253108 br>
Sheriff Principal John Mcinnes, Qc
ScotC
Updated: 15 December 2020; Ref: scu.220467 br>