The claimant issued proceedings requesting the court to return the summons to him for service. In error the court served direct. The defendant argued that the service error made the claim invalid, and in the circumstances out of time. The claimant appealed from a decision in the defendant’s favour. Held: The appeal succeeded. ‘the principal … Continue reading Stoute v LTA Operations Ltd (T/A Lawn Tennis Association): CA 15 May 2014
ECHR Article 3 Positive obligations Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher: violation Facts – The applicant alleged that she was subjected to sexual abuse by a teacher (LH) in 1973 when she was a pupil in a state-funded National School owned and … Continue reading O’Keeffe v Ireland: ECHR 28 Jan 2014
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003
The Court was asked whether the court should give permission, pursuant to CPR 31.22(1)(b), for the use of disclosed documents other than for the purpose of the proceedings in which they were disclosed, in circumstances where those proceedings have been settled before trial, the documents have not been read to or by the court or … Continue reading Alphasteel Ltd v Shirkhani and Another: CA 23 Oct 2013
Anonymity in Court Proceedings – No two stage test XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought proceedings for judicial review of the Council’s housing allocation policy, … Continue reading XXX v Camden London Borough Council: CA 11 Nov 2020
Unreasonable Behaviour must reach criteria W appealed against the judge’s refusal to grant a decree of divorce. He found that the marriage had broken down irretrievably, but did not find that H had behaved iin such a way that she could not reasonably be expected to live with H. Held: W’s appeal failed. ‘What the … Continue reading Owens v Owens: CA 24 Mar 2017
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and proportionate. Held: The present procedure does not involve the criminal courts and the absence of any criminal … Continue reading Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
The claimant said that the software supplied to it was not fit for purpose. The defendant said that the company had relied on its own inspections of what was a standard package, and had not made known its desire to use it in a specific context. The claimant had originally pleaded reliance on the defendant’s … Continue reading Kingsway Hall Hotel Ltd v Red Sky IT (Hounslow) Ltd: TCC 6 May 2010
The personal injury claimant sought to raise on taxation, matters not put to the trial judge when making the costs order. The personal injuries case had been allocated to the multi-track. The judge at trial had awarded costs on the standard basis, but the costs judge had assessed them as if the case had been … Continue reading Drew v Whitbread: CA 9 Feb 2010
An appeal against a damages award in a defamation case had been unsuccessful. The claimant now appealed for the award of indemnity costs. The claimant had made an offer of compromise, which had been ignored by the defendant. Held: If a party has made a real effort to find a reasonable solution for the circumstances, … Continue reading Kiam II v MGN Ltd (2): CA 6 Feb 2002
The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance. Held: The appeal failed. Where the report was prepared even if only in part for jurnalistic purposes, it was exempt from disclosure under the 2000 Act. Lord Wilson … Continue reading Sugar v British Broadcasting Corporation and Another (2): SC 15 Feb 2012
Walker v Wilshire still Good Law After successfully appealing, the defendant claimant argued for a substantial part of its costs, saying that the defendant had unreasonably refused ADR. To pursue this, it now sought disclosure of the details of the without prejudice negotiations between them. Held: No distinction is to be made between party-to-party negotiations … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs.Com Ltd: CA 14 Jul 2004
Misfeasance in Public Office – Recklessness The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI. Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also where he acted with knowledge of, or … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001
The applicant sought judicial review of the respondent’s grant of planning permission for a development which would affect her. The authority objected that the application was made after three months after their decision, and so leave should not be granted, and also that her application for leave having been refused, there was no jurisdiction in … Continue reading Regina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another: HL 23 May 2002
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR. Held: If the parties (or at least one of them) remain intransigently opposed to … Continue reading Halsey v Milton Keynes General NHS Trust etc: CA 11 May 2004
The applicant, a Pakistani national had entered the UK to act as a Muslim priest. The Home Secretary was satisfied that he was associated with a Muslim terrorist organisation, and refused indefinite leave to remain. The Home Secretary provided both open and closed statements to the tribunal. The open statement accepted that the organisation was … Continue reading Secretary of State for the Home Department v Rehman: HL 11 Oct 2001
Choice of Division and Business Lists Claim that the publication of pictures of the young children of the celebrity claimants had been published by the defendant on-line without consent and without pixelation, in breach of their human rights, of data protection, and right to privacy. The defendants now sought the transfer of the case to … Continue reading Mezvinsky and Another v Associated Newspapers Ltd: ChD 25 May 2018
Application for non-party costs order against litigation funder. The third party denied that he was a person against whom an order could be made, and denied his formal involvement in the companies funding the litigation. Held: Such an order must be exceptional, and is not to be made simply because a party has funded the … Continue reading Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates: QBD 18 Nov 2008
Immigration detention proper after prison release The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 Act. The court had found that the detention had … Continue reading SK (Zimbabwe) v Secretary of State for the Home Department: CA 6 Nov 2008
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success. Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of proof rests upon the claimant to establish that there are grounds for his belief … Continue reading E D and F Man Liquid Products Ltd v Patel and Another: CA 4 Apr 2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
Defamation/privacy claims against doctors failed The claimant, seeking damages for alleged defamation, now asked for the case to be anonymised. Held: The conditions for anonymisation were not met. The anonymity would be retained temporarily until any time for appeal had passed. As to the defamation allegation (contained in an email: ‘in order to satisfy the … Continue reading ZC v Royal Free London NHS Foundation Trust: QBD 26 Jul 2019
A payment in had been made, and a counter offer made by the claimant. The original offer was increased but rejected. The counter-offer was not withdrawn, and was then accepted by the defendant. On receipt of the acceptance, the claimant purported to withdraw the counter offer. The judge had held that since the offer had … Continue reading Gibbon v Manchester City Council, L G Blower Specialist Bricklayer Ltd, Reeves and another: CA 25 Jun 2010
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011
The claimants had suffered having lost deposits with the Bank of Credit and Commerce International. They claimed their losses from the respondents as regulators of the bank, for negligence and misfeasance in public office. The action was based upon the Bingham report, and they sought disclosure of documents provided to the Enquiry. They appealed findings … Continue reading Three Rivers District Council and Others, HM Treasury, v HM Treasury, The Governor and Company of the Bank of England (No 4): CA 7 Aug 2002
Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of Rwanda. Held: The magistrate hearing such proceedings … Continue reading VB and Others v Westminster Magistrates: SC 5 Nov 2014
Practical Realities of Planning Decisions The House considered planning procedures adopted on the construction of two new stretches of motorway, and in particular as to whether the Secretary of State had acted unlawfully in refusing to allow objectors to the scheme to cross-examine the Department’s witnesses. Held: He had not acted unlawfully (Lord Edmud-Davies dissenting). … Continue reading Bushell v Secretary of State for the Environment: HL 7 Feb 1980
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal from prison. The legal services department of the Prison service relayed the notices to … Continue reading Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008
Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994
Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008
The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, but the Coroner directed the jury not to return a verdict which … Continue reading Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson: CA 27 Apr 1994
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The claimant, an MP, complained in defamation of the defendant’s description of his rejected expenses claim regarding an assistant’s charitable donation. The paper pleaded a Reynolds defence. The claimant said that when published the defendant knew that the article was untrue. The defendant sought summary judgment. Held: It was not possible to say there was … Continue reading Cook v Telegraph Media Group Ltd: QBD 29 Mar 2011
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action. Held: The appeal succeeded. The immunity from civil suit in negligence or contract for an expert … Continue reading Jones v Kaney: SC 30 Mar 2011
americhem_rakemTCC0614 Complaint was made that a costs estimate had been signed not by a solicitor, but by a costs draftsman. Held: The rules required the estimate to have been signed by a ‘senior legal representative’. A costs draftsman whose involvement in the matter was restricted to the preparation of the costs schedule was not such. … Continue reading Americhem Europe Ltd v Rakem Ltd: TCC 13 Jun 2014
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006
The claimant companies conducted forms of medical research to which the respondents objected, and showed their objections by a wide variety of acts and threats which the claimants sought to have stopped. The defendants sought discharge of an interim injunction. Held: The case of Burris was instructive. New powers were available including ASBOs and under … Continue reading Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty: QBD 28 May 2004
Costs were to be sought against third parties to the action. A pupil had taken court action against the school seeking damages, alleging that it had failed to protect him from bullying. His action was discontinued. The school now sought its costs (andpound;250,000) from his parents, who had funded their son’s claim. The school sought … Continue reading Thomson v Berkhamsted Collegiate School: QBD 2 Oct 2009
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against refusal of a strike out of the claim. The Court of Appeal said that it was … Continue reading Fairclough Homes Ltd v Summers: SC 27 Jun 2012
Non-derogating control orders – HR Compliant MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square mile area, and had … Continue reading Secretary of State for the Home Department v MB; Same v AF: HL 31 Oct 2007
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
The claimants had begun copyright infringement cases. Having been refused a request to be allowed to withdraw the cases as an abuse, their solicitors now faced an application for a wasted costs order. Held: The court only has jurisdiction to make a wasted costs order when the impugned conduct has caused a waste of costs … Continue reading Media Cat Ltd v Adams and Others: PCC 18 Apr 2011
(De Laval Ltd, Part 20 defendant) (Practice Note) Several parties applied for relief from sanctions, having been refused at first instance: Held: The court identified a three stage process. It should first calculate the seriousness and or significance of the breach. If it is not serious or substantial, the further steps may be taken less … Continue reading Denton and Others v TH White Ltd and Others: CA 4 Jul 2014
The applicant had sought to quash a refusal of its plannng application. An order had been made for the service of evidence, and the judge had set down an order which was expressed to be of more general application. The Secretary of State now appealed saying that the order had been ultra vires the judge. … Continue reading Secretary of State for Communities and Local Government v Bovale Ltd and Another: CA 11 Mar 2009
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion. Held: Freedom of political speech is a freedom of the very highest importance. Article 10 requires that access … Continue reading Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003
The defendant appealed against a striking out of part of its defence to the claim of defamation, pleading justification. Held: The Human Rights Convention had not itself changed the conditions for a plea of justification based upon reasonable belief that the claimant had acted criminally. The three conditions were: the inability to rely upon hearsay, … Continue reading Chase v Newsgroup Newspapers Ltd: CA 3 Dec 2002
Alcoholic drinks had been seized by the respondents pending further enquiries with a view to a possible forfeiture, then held and returned but only under court order. The company had complained that the detention of the goods was unlawful. The Revenue appealed against an order upholding that complaint. Held: The appeal succeeded. Section 139 allowed … Continue reading Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs: SC 11 Jun 2014
The claimant applied for judicial review of a decision of a Magistrates Court to convict her of driving with excess alcohol. The grounds were that the district judge acted unlawfully in proceeding with the trial without disclosure by the prosecution of CCTV film of the custody suite. The court had refused permission to proceed with … Continue reading Imbeah, Regina (on The Application of) v Willesden Magistrates’ Court and Another: QBD 14 Jul 2016
The respondent operated a web site which contained a chat room. Defamatory remarks were made by a third party through the chat room, and the claimant sought details of the identity of the poster. The respondent refused to do so without a court order. One was applied for, and the claimant was given the information … Continue reading Totalise Plc v The Motley Fool Limited and Interative Investor Limited (2): CA 19 Dec 2001
In a defamation action, where the judge considered that, taken at their highest, the allegations made by the claimant would be insufficient to establish the claim, he could grant summary judgment for the defence. If the judge considered that a finding by a jury that the words alleged were defamatory, would inevitably be set aside … Continue reading Alexander v Arts Council of Wales: CA 9 Apr 2001
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. The claimant asserted that their claim was an intellectual property claim, allowing section 72 … Continue reading Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011
The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant operated a service trading as ‘Money Claiming Expert’. Both services included advising those who might wish to claim refunds from banks. The claimant sought summary judgment. Held: The defence as filed proposed no real defence,merely putting the claimant … Continue reading Lewis v Client Connection Ltd: ChD 6 Jul 2011
The House considered the role of the metropolitan magistrate under section 9 and 10 of the 1870 Act in the context of an application for extradition under the treaty between Denmark and the United Kingdom. At section 9 hearings it had been the invariable practice, ‘so far as living memory stretches’, for the magistrate to … Continue reading In re Nielsen: HL 1984
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers. Held: The immunity from suit for negligence enjoyed by advocates acting in both criminal and civil proceedings is no longer appropriate or in the public interest and is removed: ‘The standard … Continue reading Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm): HL 20 Jul 2000
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
Application by the claimant for an order that the court makes a search, electronic imaging and provision of information order against the defendants, pursuant to section 7 of the Civil Procedure Act 1997, CPR 25.1 (1)(h) and/or section 37 of the . .
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 . .
The issue was whether an English court was able to award damages in Sterling only.
Held: The House distinguished clearly between the substance of the debtor’s obligations and the effect of English procedural law when a debt in a foreign . .
N was charged with VAT fraud. He was the joint owner of a company with his brother T each holding 50% of the shares. T was never charged. A restraint and receivership order was made against N, preventing the company from dealing in any way with its . .
An entitlement to an equal division must reflect not only the parties’ respective contributions ‘but also an accrual over time’, and it would be ‘fundamentally unfair’ that a party who has made domestic contributions during a marriage of 12 years . .
In each case, the applicant sought to argue that documents which had actually been received on a certain date should not be deemed to have been served on a different day because of the rule.
Held: The coming into force of the Human Rights Act . .
Jamaica – The customer appealed against refusal of an order requiring its bank not to close the customer accounts after the customer had been accused of fraud. There was no evidence that the account was being used unlawfully.
Held: In the . .
The court system has acknowledged that the movement toward wider and wider publication of case law (of which we form part) has potential conflicts with privacy in general, and GDPR and Human Rights in particular. There have therefore been developed much more explicit systems for applying to court for ‘anonymity orders’ – an order that … Continue reading Anonymity Orders
The court discussed the need for those appearing before tribunals to be given sufficient access to all the material placed before the judge. Upjohn LJ said: ‘It seems to be fundamental to any judicial inquiry that a person or other properly . .
Reasons for grant of additional time to file respondent’s notice . .
Federal Court of Australia
CORPORATIONS – Corporations Act 2001 (Cth), s 9 – ‘director’ – ‘officer’ – de facto director – no single test for determining whether a person is such – assuming or performing the functions of a director of the . .
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Appeal – Article 181 of the Rules of Procedure of the Court – Civil service – Official – Pensions – Pension rights acquired before entering the service of the European Union – Transfer to the Union scheme – Bonus for annuities – Reimbursement of the . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
References: [1982] 126 SJ 625 Coram: Lord Lane CJ Ratio: The court discussed the function of the coroner and his inquest. Lord Lane CJ said: ‘The coroner’s task in a case such as this is a formidable one, and no one would dispute that; that is quite apart from the difficulties which inevitably arise when … Continue reading Regina v South London Coroner ex parte Thompson; 8 Jul 1982
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Ratio:Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’): 1993
References: [2012] FCAFC 6, (2012) 200 FCR 296, (2012) 287 ALR 22, (2012) 87 ACSR 260 Links: Austlii Coram: Finn, Stome, and Perram JJ Federal Court of Australia CORPORATIONS – Corporations Act 2001 (Cth), s 9 – ‘director’ – ‘officer’ – de facto director – no single test for determining whether a person is such … Continue reading Grimaldi v Chameleon Mining NL (No 2); 21 Feb 2012
References: [2009] EWHC 2500 (Mercantile), [2009] WLR (D) 309 Links: Times, Bailii, WLRD Coram: Judge Simon Brown, QC The claimant had lost his claim against the bank, but resisted the amount of costs claimed. Held: The trial had been of a simple factual dispute, and the bank had failed adequately to disclose electronically held material … Continue reading Earles v Barclays Bank plc; Merc 8 Oct 2009
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (The Ikarian Reefer”): 1993″
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
