The burden was on the liquidator to justify a departure from the normal rule, embodied in rule 38.6 of the Civil Procedure Rules, which made the claimant liable for costs on discontinuance unless the court otherwise ordered.
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In considering whether an arbitrator was to have jurisdiction over a proposed counter-claim by a defendant, regard was to be had to the true construction of the particular arbitration agreement.
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Liability: The insurers sought to avoid liability in respect of a claim for a transformer damaged in transit on the basis that the loss was proximately caused by its inability to withstand the ordinary conditions of the voyage including the storm conditions experienced.
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Jurisdiction. This case involved a consignment of 18,000 Nokia mobile phones, which were stolen in France on their way to England. A French company was in charge of the carriage and the company who owned the mobile phones was Danish. The main issue related to the nature of the contracts over the consignment of the mobile phones and whether it was 'the Geneva Convention on the Contract for the International Carriage of Goods by Road' that ultimately governed these contracts. There was another iss ...
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In the last issue of PI Brief Update, we reported the following about this case: “Claims against officers and employees of the General Medical Council were struck out as a clear abuse of process where the claimant had previously brought unsuccessful claims arising from the same or similar grievances against the GMC itself.” We have since had drawn to our attention an order of the Court of Appeal of 26/1/07 involving the Claimant's original case against the GMC. That order makes clear that the ...
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