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Most recent case entries
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By Law Brief Publishing on 28/08/2014 11:29 AM
The Court of Appeal considered the application of Article 8 ECHR in the case of an assured shorthold tenancy terminated by a valid s.21, Housing Act 1988 notice. The property was let to the tenant by her parents. They fell behind in their mortgage payments and receivers took charge, obtaining a possession order at first instance. The tenant argued Article 8 was applicable and that she was vulnerable. The Court held that there was no "clear and constant" line of authority showing Article 8 app ...
By Law Brief Update on 28/08/2014 11:26 AM
Solicitors representing the purchaser of a yacht under the Mediterranean Yacht Brokers Association memorandum of agreement had not been negligent in failing to obtain a personal guarantee of the yacht's condition from the seller's beneficial owner.
By Law Brief Publishing on 28/08/2014 11:24 AM
The Court of Appeal of Trinidad and Tobago had no proper basis for concluding that the judge at first instance had gone plainly wrong in his assessment of the evidence when absolving an insured of making a fraudulent claim under an insurance policy which covered a fire at its business premises.
By Law Brief Publishing on 27/08/2014 12:59 PM
The defendant had made a false claim of damages regarding a slipping accident. The claimant was the insurer for the company against whom the claim was being sought. The claimant applied to court to commit the defendants to prison for contempt of court as they had embellished and exaggerated their case with scant regard for truth and accuracy. The court concluded that the application for contempt of court must fail as despite the lies, it was unclear as to whether the defendant had lied about whe ...
By Law Brief Publishing on 27/08/2014 12:58 PM
Instructions were given to the Bank of Scotland for a clearing houses automated payment system (CHAPS) payment with the name of the recipient. The account and sort code did not correspond to the name given, but to another bank account. The CHAPS form required identification of the beneficiary's bank, sort code and account number and standard banking practice did not require correspondence between the identifies and the beneficiary's name. A customer who had named a beneficiary correctly, but ent ...
By Law Brief Publishing on 27/08/2014 12:57 PM
The Court of Appeal (CA) allowed a Mother's appeal against Residence Orders made in favour of the paternal grandmother in circumstances where the Local Authority (LA) had arranged the placement and effectively compelled the mother's agreement without assessing her or issuing public law proceedings. The LA did not participate in the appeal despite an invitation from the court. The CA was critical of the manner in which the LA procured the placement of the children.
By Law Brief Publishing on 27/08/2014 12:56 PM
The Court of Appeal (CA) adjourned an application made by parents in person for permission to appeal final care and placement orders. The CA adjourned the matter for a full permission hearing as it was concerned that basis for the order's was the Father's "aggressive failure to co-operate with the LA and Cafcass" and that this did not necessarily lead to the conclusion that he represented a risk of harm to the children.
By Law Brief Publishing on 27/08/2014 12:55 PM
This appeal was brought by a labour only sub-sub-sub-contractor (HS) against a Technology and Construction Court (TCC) decision that it was liable to indemnify the party above it in the contractual chain (Robson) for workmanship defects which caused a flood in a block of flats. The indemnity was said to cover any liability arising out of any breach of the agreement or any act, default or negligence. The TCC held that the indemnity covered the workmanship defects despite Robson having itself insp ...
By Euan A. Dow on 21/08/2014 10:56 AM
Appeal under section 65(8) of the Criminal Procedure (Scotland) Act 1995:- The appellant appeared on indictment in relation to charges of theft and assault. On 20 June 2014, the last day of the trial sitting, the Crown moved the court to adjourn the trial and to extend the 12 month time bar. This was due to an essential Crown witness, PC Hardie, being on holiday. The defence opposed any extension to the 12 month time bar. Following submissions the sheriff adjourned the trial diet to the sitting ...
By Euan A. Dow on 21/08/2014 10:52 AM
Criminal note of appeal against conviction and sentence:- The first appellant was convicted after trial of a charge of murder. The only issue at the trial was whether the first appellant was guilty of murder or culpable homicide and to determine that the jury had to decide whether the first appellant actively associated himself with the common criminal purpose by considering the second appellant’s evidence and the evidence of a witness, Boyd. The first appellant contended that there had been a m ...
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