Court Cases & Case Law at CaseCheck

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Latest Court Cases & Case Law
Case Law, Civil Procedure
Tariq Ali v Esure Services Ltd [2011], EWCA Civ 1582, 19/12/11 - A single judge sitting in the High Court did have jurisdiction to make a committal order for an alleged contempt of court in proceedings commenced in the county court but... more...


Case Law, Civil Procedure
Maynard v Wigan Metropolitan Borough Council (2011), CA, 21/12/11 - The trial judge had not erred in implicitly accepting a witness' evidence as truthful despite not clearly expressing his reasoning and consequent findings.A local authority appealed against a decision that... more...


Case Law, Costs
Epsom College v Pierse Contracting Southern Ltd (In Liquidation) (Formerly Biseley Construction Ltd) [2011] EWCA Civ 1449, 13/12/11 - A judge's award of costs based on a Claimant's Part 36 offer was illegitimate as the offer had been withdrawn the Court could rely on the consequences of a previous... more...


Case Law, Costs
Sandra Solomon v Cromwell Group Plc: Donna Oliver v Sandra Doughty [2011] EWCA Civ 1584, 19/12/11 - Low value RTA claim settled under the terms of a Part 36 offer, the costs were to be assessed under CPR 45 Part II rather than on the standard basis.The... more...


Case Law, Construction
Leander Construction v Mulalley and Co Ltd [2011] EWHC 3449 (TCC) - This case concerned whether a sub-contract allowed the main contractor (Mulalley) to claim from the sub-contractor (Leander) if the sub-contractor's actions interfered with the progress of the main contract works.... more...


Case Law, Construction
Lanes Group v Galliford Try Infrastructure Ltd [2011] EWHC Civ 1617 - The Court of Appeal considered conjoined appeals and a cross-appeal arising out of two decisions of the TCC which (i) affirmed the jurisdiction of an adjudicator in spite of the... more...


AIB Group (UK) Plc v Mark Redler & Co (A Firm) [2012] EWHC 35 (Ch) (23 January 2012) - We are pleased to welcome Anis Waiz, Partner at Mohindra Maini LLP as he continues his critical review of current case law. In this post, Anis considers AIB Group (UK)... more...


EDI Central Limited v. National Car Parks Limited, [2012] CSIH 6, 20 January 2012 - Inner House case considering an agreement between NCP and EDI for a development at Castle Terrace car park in Edinburgh. The agreement involved EDI being interposed into a lease of... more...


Wright v. Basildon and Thurrock Hospital NHS Trust, QBD, 7/12/11 - Hospital Trust Granted Summary Judgment In Clinical Negligence Claim Where Claimant Debarred From Relying On New Expert Evidence:-Judge Stockdale QC (sitting as a deputy High Court judge) granted the Defendant... more...


George Wimpey v Alan Henderson, A200/09, 18 October 2011 - Sheriff court case in which Wimpey sought damages from Mr Henderson in respect of his failure to pay the purchase price for subjects at Ferry Village in Renfrew.  Mr Henderson... more...


Ross Junior Miller v. Her Majesty’s Advocate [2012] HCJAC 6 - 0 0 1 342 1954 Faculty of Advocates 16 4 2292 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal against Conviction:- On 28 January 2011 at the High Court at Glasgow the appellant was convicted unanimously of the following charge:- "On 1 January 2010... more...


Douglas Miller Harris V. Her Majesty’s Advocate [2012] HCJAC 5 - 0 0 1 532 3037 Faculty of Advocates 25 7 3562 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal Against Conviction:- On 14 June 2010 at Aberdeen Sheriff Court the appellant was convicted after trial of a charge of taking or permitting to be... more...


D.S. v. Her Majesty’s Advocate [2011] HCJAC 125 - 0 0 1 316 1803 Faculty of Advocates 15 4 2115 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Note of Appeal Against Conviction:- On 26 August 2010 at Edinburgh High Court the appellant was convicted after trial of the following charge:- "On 1 March 2010 at ... you...did... more...


James Gemmell and others v. Her Majesty’s Advocate [2011] HCJAC 129 - 0 0 1 222 1272 Faculty of Advocates 10 2 1492 14.0 Normal 0 false false false EN-GB JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:12.0pt; font-family:Cambria;} Criminal Sentencing:- This was a hearing of seven appeals against sentence before 5 judges which raised important questions of principle on sentence discounting. In Spence v H.M.A. (2008... more...


L. Batley Pet Products Ltd v. North Lanarkshire Council, [2011] CSOH 209, 20 December 2011 - Outer House Case considering a lease of premises at Wardpark South Industrial Estate in Cumbernauld.  Batley acquired the tenant’s interest in the lease and North Lanarkshire Council were sub-tenants. Central to... more...


Padden v Bevan Ashford Solicitors [2011] EWCA Civ 1616 (21 December 2011) - We are pleased to welcome Anis Waiz, Partner at Mohindra Maini LLP as he writes a comprehensive case note on the recent Padden v Bevan Ashford Solicitors decision.    Introduction First let... more...


Case Law, Immigration
Immigration Controls - R (Quila & Anor) v SSHD; R (Bibi & Anor) v SSHD [2011] UKSC 45, 12 October 2011 - In another case in which the courts have overturned policy that is designed to control immigration without adequate regard to rights arising under the ECHR, the Supreme Court has decided... more...


Case Law, Tax
Tax law - R (Davies and another) v The Commissioners for Her Majesty's Revenue and Customs, R (Gaines-Cooper) v Same [2011] UKSC 47, 19 October 2011 - A reminder that judicial review can sometimes involve significant sums of money. This turned on the 1999 booklet IR20 "Residents and Non-Residents - Liability to tax in the United Kingdom".... more...


Case Law, Public
Time Limits Expiring on Holidays - R (Elham Modaresi) v Secretary of State for Health, First-Tier Tribunal (Mental Health), West London Mental Health NHS Trust - Court of Appeal, [2011] EWCA Civ 1359, 23 November 2011; Mummery, Richards and Black LJJ - The Court of Appeal has overturned in part a decision of the High Court. The judgment clarifies what happens in relation to time limits for applications to the Tribunal when... more...


Case Law, Property
London Tara Hotel Ltd v Kensington Close Hotel Ltd [2011] EWCA Civ 1356 Lord Neuberger (MJ), Aikens LJ, Lewison LJ - The Appellant (LTH) appealed against a decision that the Respondent (KCH) acquired an easement by prescription over a private roadway belonging to its hotel. LTH argued that KCH's use could... more...


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