C appealed against refusal to grant a declaration that, due to D’s delay in giving notice of intention to refer a dispute to adjudication, the notice was an abuse of process. Appeal dismissed: concept of abuse of process was not extended under the Housing Grants, Construction and Regeneration Act 1996 to give an adjudicator the power to strike out or stay an adjudication for abuse of process. There was no time limit for reference to adjudication in the 1996 Act, therefore D’s notice should not ...
|
Asbestos Claims: There was nothing in previous authority which prevents the court from entertaining an analysis of the question, if raised, of whether a straightforward ‘time-exposure’ calculation would do justice between the defendants in apportioning liability. If asked to do so, the court may adjust the effect of the time exposure approach to reflect any unusual features of the individual case. Any period that ought to be regarded as ‘de minimis’ would be excluded.
|
The judge was fully entitled to make an unless order, requiring the appellant to provide a clear and concise statement of his defence and counterclaim and pay outstanding costs orders within a reasonable time, particularly in light of the history of the case. The judge was also entitled to subsequently strike out the defence and counter-claim, the appellant having failed to comply with the unless order.
|
The court gave guidance on the principles and practice of making protective costs orders in public law cases. A protective costs order would only be made in exceptional cases. On the present facts, a protective costs order would be made where an application for judicial review was of general public importance because it related to the interests of the taxpayer in the support of major British companies in international trade and raised issues about the non-implementation of the published consulta ...
|
A bank owed a duty to an investment fund to exercise reasonable care to ensure that the advice it gave was sound and the nature and terms of the contracts governing the parties' relationships were not inconsistent with an assumption of responsibility by the bank to the fund for the quality of the advice it provided.
|
The equitable doctrine of election, under which a party could not take the benefit under an instrument or judgment without taking the accompanying burden, was applicable to litigation where the party had put forward inconsistent arguments either before or during the proceedings.
|
The drawer of company cheques with an error was liable for payment even though the cheques were not presented for payment.
|
There was no rule or statute to prevent a charging order being expressed in a foreign currency, being the currency in which the parties had chosen to deal. Where later had it become clear that currency fluctuations disadvantaged the judgment creditor, the court was entitled in the exercise of its discretion to refuse to amend the judgment debt.
|
Appeal Against Conviction:
Following trial the appellant was convicted of assault and robbery by a jury. At the trial there was no dispute that the offence libelled had been committed. The only live issue was whether the appellant was the perpetrator. The basis of the appeal is that the appellant had been denied a fair trial as a consequence of counsel failing to present his defence properly. The appellants position was that he was offered an inducement to admit his involvement and as such a motion for a trial within a tr ...
|
An adjournment of a bankruptcy petition was wholly unreasonable where the district judge had accepted that the sum was repayable and that the debtor had no defence to the petition and where there had been no evidence of the debtor's ability to pay a small debt.
|
| 1 |