Tag: Jury

Campbell v Public Prosecutor of The Grande Instance Tribunal of St-Malo, France: Admn 20 May 2013

Keith J was inclined to think that the appellant could not rely on the passage of time since the date of commission of the alleged offence because he faced a conviction warrant, but he nevertheless examined whether the delay from that date would have been oppressive for the purposes of section 14 and concluded that it would now be an abuse of process to insist upon his return.

Keith J
[2013] EWHC 1288 (Admin)
Bailii
Extradition 2003
England and Wales
Cited by:
Cited – Konecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019
. .

Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 10 January 2022; Ref: scu.509990

Rees and Another v Gateley Wareing (A Firm) and Another: ChD 3 Dec 2013

Various defined issues in relation to a contingency fee agreement entered into by a firm of solicitors with their clients. In summary, the issues relate to the interpretation and application of the agreement and its enforceability, having regard to section 58 of the Courts and Legal Services Act 1990, Rule 8 of the Solicitors’ Practice Rules 1990 and the common law rules as to champerty.

Mr Justice Morgan
[2013] EWHC 3708 (Ch), [2014] 2 Costs LO 210, [2013] 50 EG 103
Bailii
Courts and Legal Services Act 1990 58
England and Wales

Legal Professions, Costs

Updated: 09 January 2022; Ref: scu.518583

Global Torch Ltd v Apex Global Management Ltd and Others: CA 10 Jul 2013

[2013] EWCA Civ 819
Bailii
England and Wales
Citing:
Appeal from – Global Torch Ltd v Apex Global Management Ltd ChD 13-Feb-2013
Applications within unfair prejudice petitions. . .
Leave – Global Torch Ltd and Others v Apex Global Management CA 18-Apr-2013
Oral renewal of an application for permission to appeal . .

Cited by:
See Also – Apex Global Management and Another v Global Torch Ltd and Others ChD 30-Oct-2013
The court rejected an application by Prince Abdulaziz for a variation of case management orders. . .
See Also – Prince Abdulaziz v Apex Global Management Ltd and Another SC 26-Nov-2014
The appellant was involved in very substantial litigation with the respondents. As a member of the Saudi Royal family he said that by convention he was not allowed to sign a witness statement, and appealed inter alia against orders requiring him to . .

Lists of cited by and citing cases may be incomplete.

Company

Updated: 08 January 2022; Ref: scu.512253

Global Torch Ltd and Others v Apex Global Management: CA 18 Apr 2013

Oral renewal of an application for permission to appeal

[2013] EWCA Civ 507
Bailii
England and Wales
Citing:
Application for leave – Global Torch Ltd v Apex Global Management Ltd ChD 13-Feb-2013
Applications within unfair prejudice petitions. . .

Cited by:
Leave – Global Torch Ltd v Apex Global Management Ltd and Others CA 10-Jul-2013
. .
See Also – Apex Global Management and Another v Global Torch Ltd and Others ChD 30-Oct-2013
The court rejected an application by Prince Abdulaziz for a variation of case management orders. . .
Leave – Prince Abdulaziz v Apex Global Management Ltd and Another SC 26-Nov-2014
The appellant was involved in very substantial litigation with the respondents. As a member of the Saudi Royal family he said that by convention he was not allowed to sign a witness statement, and appealed inter alia against orders requiring him to . .

Lists of cited by and citing cases may be incomplete.

Company

Updated: 08 January 2022; Ref: scu.509306

Heron v Serious Organised Crime Agency and Another: CA 22 Jul 2013

H argued that it was not within the jurisdiction of the Crown Court to treat as within the confiscation order made against the first defendant, Mr Jones, property registered in her name at Waltham Abbey.

Lady Justice Arden,
Lord Justice Patten,
–And–,
Lord Justice Beatson
[2013] EWCA Civ 1106
Bailii
England and Wales

Criminal Sentencing

Updated: 31 December 2021; Ref: scu.515278

ABB Ltd v Bam Nuttall Ltd: TCC 12 Jul 2013

Issues about the enforceability of an adjudicator’s decision and in particular about alleged material breaches of the rules of natural justice. It is common ground that the adjudicator referred to a particular clause of the contract which neither party argued let alone mentioned to him and which he did not refer to the parties before issuing his decision.

Mr Justice Akenhead
[2013] EWHC 1983 (TCC), 149 Con LR 172, [2013] BLR 529
Bailii
England and Wales

Construction, Arbitration

Updated: 31 December 2021; Ref: scu.512379

O v O: FD 21 Aug 2013

(Child Abduction: Return to Third Country)

Keehan J
[2013] EWHC 2970 (Fam), [2014] Fam 87, [2014] 2 WLR 1213, [2014] 1 FLR 1406,
Bailii
England and Wales
Citing:
Cited – Re C (Children) SC 14-Feb-2018
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .

Cited by:
Cited – Re C (Children) SC 14-Feb-2018
‘This appeal concerns the Hague Convention on the Civil Aspects of International Child Abduction. It raises general questions relating to:
(1) the place which the habitual residence of the child occupies in the scheme of that Convention, and . .

Lists of cited by and citing cases may be incomplete.

Children, International

Updated: 21 December 2021; Ref: scu.516464

JSC BTA Bank v Usarel Investments Ltd: ChD 24 Jun 2013

The applicant, Mr Rubin, seeks a ruling that his appointment as litigation receiver in relation to the 5th defendant in the action (‘Usarel’) gives him power to conduct an appeal (including an application to the Court of Appeal for permission to appeal) from the order of Teare J following the trial of the action.

Mr Justice Warren
[2013] EWHC 1780 (Ch)
Bailii
England and Wales

Litigation Practice

Updated: 13 December 2021; Ref: scu.512271

Mukerjee (Nee Sen) and Another v Sen and Others: ChD 11 Jul 2013

This action concerns a break-down in relations between the children of Asoke Kumar Sen (‘Asoke’), a leading Indian lawyer of his generation, and the rights to ownership of assets held within the Sen family in England and the United States.

The Honourable Mr Justice Sales
[2013] EWHC 1997 (Ch)
Bailii
England and Wales

Land

Updated: 13 December 2021; Ref: scu.512318

Jones and Another v First Great Western Ltd: ChD 19 Apr 2012

This application concerns the meaning, effect and possible variation of an interim order made by His Honour Judge Jarman QC in Cardiff on 9th March 2012. The case itself raises the issue whether the Defendant can charge taxi drivers an annual permit fee of pounds 375 to use the taxi stands at, or ply for hire from, Bristol Temple Meads Railway Station

His Honour Judge Mccahill QC,
Sitting as a Judge of the High Court
[2012] EWHC B35 (Ch)
Bailii
England and Wales

Licensing

Updated: 13 December 2021; Ref: scu.512279

CtL, CmL, TLP, ARP, MM and JB (Children) (Fact Finding: Protection From Sexual Harm), Re: FD 1 Mar 2013

The purpose of this three week hearing has been to consider whether and if so how the threshold criteria have been established in relation to the six subject children and also, insofar as possible, to make final welfare decisions.

Mrs Justice Pauffley
[2013] EWHC 2133 (Fam)
Bailii
England and Wales

Children

Updated: 06 December 2021; Ref: scu.513754

Al-Hilli (Children), Re: FD 22 Jul 2013

The circumstances in which representatives of the media should be excluded from attending family proceedings. Reporting of the proceedings is restricted, but I am authorising publication of this judgment including the names of the children.

The Honourable Mr Justice Baker
[2013] EWHC 2190 (Fam)
Bailii
England and Wales
Citing:
Summary – Al-Hilli (Children), Re (Summary of Judgment) FD 26-Jul-2013
. .

Lists of cited by and citing cases may be incomplete.

Children, Media

Updated: 06 December 2021; Ref: scu.513766

Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA: CA 30 Oct 2013

[2013] EWCA Civ 1308, [2014] HLR 4, [2014] 1 P and CR 5, [2014] CP Rep 12, [2013] 45 EG 74, [2014] 1 EGLR 89
Bailii
England and Wales
Citing:
See Also – Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion SA ChD 9-Jul-2010
. .
See Also – Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion Sa CA 18-May-2011
The freeholder sought an order for the tenant to remove an air conditioning plant which it said was a trespass against the freehold. . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 30 November 2021; Ref: scu.517233

Steamship ‘Beechgrove’ Co, Ltd v Aktieselskabet ‘Fjord’ of Christiania: HL 18 Oct 1915

The Merchant Shipping Act 1894, sec. 633, enacts-‘An owner or master of a ship shall not be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of that ship within any district where the employment of a qualified pilot is compulsory by law.’
The Clyde Navigation (Consolidation) Act 1858 defines the western limit of the river Clyde as a line drawn from Newark Castle to the mouth of the Cardross Burn-that is, about 4 miles east or up the river from Greenock-and it makes it unlawful for anyone to navigate without a pilot a vessel in any part of the river as defined by the Act. It also confers power on a pilot board to make bye-laws regulating the pilotage in the river and in the Firth. By these bye-laws Greenock is the place for taking up and dropping river pilots, and when on board a pilot is to be in control of the vessel.
Held ( rev. judgment of the First Division) that there is no exemption from liability between Greenock and the line between Newark Castle and the mouth of the Cardross Burn, either under the Merchant Shipping Act 1894, or ( dub. Lord Dunedin) at common law.

The Lord Chancellor (Buckmaster), Lord Shaw, Lord Parmoor, and Lord Wrenbury
[1915] UKHL 13, 53 SLR 13
Bailii
Scotland

Transport

Updated: 30 November 2021; Ref: scu.620700