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Most recent case entries
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By Law Brief Publishing on 31/07/2014 10:45 AM
In a claim for accountancy fees for preparation of statutory accounts, the firm agreed a fixed fee subject to the accounts and supporting documents of the company being in good order. They were not. The firm raised a fee invoice based on its standard charge out rates on a time basis. The Court of Appeal held that a clause in the firm's general conditions providing that fee would be so calculated was an acceptable contractually agreed short-cut to the use of the time records and the claimant's ho ...
By Law Brief Publishing on 29/07/2014 4:23 PM
A judge's decision refusing a mother's application to relocate with her children to Germany on the ground that the mother's motivation was to interfere with the children's relationship with their father was set aside as unsupported by the evidence. The children were 2 and 4. The relationship between M and F had broken down in 2012. The judge was critical of M who had left the matrimonial home and the children. The judge found that M's motivation in wanting to relocate to Germany was not to give ...
By Law Brief Publishing on 29/07/2014 4:22 PM
The Court refused a Husband's application for an order that the Wife redact a statement referring to a document produced by the Husband. The Court did not accept that in the circumstances the document was 'without prejudice'.
By Law Brief Publishing on 29/07/2014 3:24 PM
A trust set up to pursue asbestos-related claims against a company had no standing to seek declarations about the way the company's insurers and reinsurers ought to handle the claims.
By Law Brief Publishing on 28/07/2014 10:13 AM
Following a finding that three products sold by B infringed K's unregistered design rights relating to electric shower units, the court assessed damages. B was not entitled to raise the defence of innocent infringement under s.233(1) CDPA for the first time at the inquiry. That argument should have been made in the pleadings for the trial of liability. Damages were calculated on the basis of a reasonable royalty, assessed at 30% of the available profits on infringing sales.
By Law Brief Publishing on 28/07/2014 10:11 AM
The court made an order for the police to disclose DNA information collected at the crime scene in circumstances where a putative father had murdered the mother of children and refused to take a DNA test despite claiming the children were his biological children.
By Law Brief Publishing on 28/07/2014 10:10 AM
The Court of Appeal (CA) allowed an appeal against findings of fact made on the basis of the incomplete evidence of a highly vulnerable witness ('X') that she had been seriously and persistently sexually abused by the Father of the subject child. The CA directed that there be no re-trial of the allegations and held that the conduct of the proceedings had not been fair to the Father.
By Law Brief Publishing on 25/07/2014 11:23 AM
An interesting procedural decision relating to costs. Since roughly the start of 2014, costs have been awarded more frequently in Extradition Cases before Westminster Magistrates Court following the Senior District Judge encouraging the CPS to apply under section 60 of the Extradition Act 2003. This appeal dealt with the powers of the Court to deal with costs on appeal and Mr Justice King decided that in unsuccessful appeals there is jurisdiction to vary costs.
By Law Brief Publishing on 25/07/2014 11:22 AM
The Claimant was charged with an offence of possession of a controlled drug and driving while unfit through drugs. He was bailed to attend the Ealing Magistrates' Court on the 17th May 2013. The Claimant attended on that day together with a legal representative for whom he was paying himself. The hearing on 17th May 2013 was entirely abortive since no Prosecution papers were available. The Claimant applied for costs against the Prosecution pursuant to the Prosecution of Offences Act 1985, s.19. ...
By Law Brief Publishing on 24/07/2014 12:46 PM
The appellant landlord successfully appealed against the decision of the then London Rent Assessment Panel (LVT) that it was limited in the amount it could recover through the service charge for major emergency repair work (replacement of supporting beams); due to the landlord's failure to make good the defect at an earlier date and therefore potentially lower cost. On appeal the Tribunal held that a "historic neglect" defence to a claim for service charges could only succeed where it was sho ...
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