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Most recent case entries
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By Law Brief Update on 24/10/2014 10:06 AM
Biggart Baillie LLP (vicariously liable for the wrongful acts and omissions of its partner) was liable in damages to the victims of their client's deceit. In essence, the firm acted for their client, John McGregor Cameron (JMC), in security transactions in which JMC pretended to be a wealthy landowner. The firm continued to act for JMC even after he had confessed his fraud to the firm's partner, Mr Mair. In the opinion of Lord Menzies, "a solicitor is expected to have the highest standards of ho ...
By Law Brief Publishing on 24/10/2014 10:04 AM
The First and Second Defendants, Adda Hotels and Puckrup Hall Hotel Ltd, were associated companies within the Hilton Group. Hilton Worldwide Inc. ("HWI") was a parent company within the Group. Adda and Puckrup were the lessees of 10 hotels that were assigned to 9 subsidiary companies. HWI was the guarantor under the original leases. If the assignments were lawful, HWI would be released from its guarantee by virtue of ss.5 and 24(2) of the Landlord and Tenant (Covenants) Act 1995 ("the 1995 Act") ...
By Law Brief Publishing on 24/10/2014 10:02 AM
The Claimants shipped a cargo of bagged rice from Thailand to Nigeria on board the Defendant's vessel, The "Quest". On delivery, it was found that cargo was damaged, which the Claimant says was due to the Defendant's breach. Four separate bills of lading had been issued, all of which stated that the law and arbitration clause of the "Charterparty, dated as overleaf" was incorporated. There were three possible charterparties, each of which contained different arbitration clauses. An LOU was subse ...
By Law Brief Publishing on 22/10/2014 9:57 AM
Where a patent claim had been resolved without a trial and no letter before action had been sent by C before issue, the Court could only speculate as to whether proceedings would have been issued had the letter before action been sent. The Court considered that a letter before action was virtually always appropriate even if no response could be reasonably expected. The Court therefore allowed only half of C's costs.
By Law Brief Publishing on 21/10/2014 9:56 AM
The claim concerned dye supplied by T to D in 2007/2008. The dye was applied by D to nylon carpet tiles which were then supplied to C. In 2010 C informed D that the tiles were fading due to exposure to sunlight. Proceedings were issued by C against D who brought an additional claim against T. It had initially been thought that the dye supplied by T was defective, but later transpired that it was not defective per se, but rather unsuitable for use on pure nylon. The additional claim was pleade ...
By Law Brief Publishing on 20/10/2014 12:46 PM
The Claimant, a former Lance Corporal in the Royal Logistics Corps, sustained a non-freezing cold injury to his feet whilst on military exercise in February 2009. As a result of the injury, his feet were permanently sensitised to the effects of cold weather. His personal injury claim against the MOD included a substantial future loss of earnings' claim. The Defendant admitted liability on a 75:25 apportionment basis, and proceedings were heard before Andrew Edis QC (as he then was; now Edis J) s ...
By Law Brief Publishing on 17/10/2014 9:39 AM
Following a fire the Claimant wrote to insurers purporting to enclose a claim form, but none was enclosed. Six days later a sealed claim form was sent. All of insurers' business was transferred to another insurer by court order nine days later and on that day the Claimant sent the claim form with the particulars of claim to the transferee insurer by which time the service for the claim form had expired. That the transferee insurers had not received any details of the claim form was insufficient ...
By Law Brief Publishing on 17/10/2014 9:38 AM
The Court ordered the return of a 15 year old girl to her Mother's care in Mexico against her wishes on the basis that the child's desire to remain the the UK was due to her concerns about her education in Mexico and better arrangements for this had now been made by her Mother. There were concerns about the Father's ability to provide proper care for the child arising out of his response to the child witnessing domestic violence between the paternal uncle and aunt.
By Law Brief Publishing on 17/10/2014 9:37 AM
Failure to make allowances for completion of community requirements when re-sentencing. On the 3rd December 2013 at Bradford Crown Court, having earlier pleaded guilty, the Appellant was sentenced by His Honour Judge Thomas Queen's Counsel to four years' imprisonment for offences of supplying controlled drugs of Class A. There was no challenge to that sentence. However, a suspended sentence order (imposed for an offence of possession of a controlled drug of Class B with intent to supply) comp ...
By Law Brief Publishing on 16/10/2014 10:51 AM
Considering the relevance of the impact of a sentence of imprisonment upon others. With the leave of the single Judge the Appellant appealed against the sentence of 30 months' imprisonment imposed for an offence of being concerned in the supply of a controlled drug of Class A, namely cocaine. Central to the mitigation advanced on behalf of the Appellant was his caring responsibilities. The Appellant's partner (for whom he received a carer's allowance) had mental health issues and had been ...
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