Credit Unions: The first reference of a decision by the FSA in respect of a Credit Union. The prohibition decision in respect of a director was upheld on the basis of amongst other things, non-disclosure of a conflict of interest and a failure to recognise that conflict of interest. The burden of proof was accepted to be on the FSA. Although the FSA submitted that the test was the balance of probabilities, the Tribunal was satisfied that the FSA had made out its case beyond reasonable doubt ...
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A judge had erred in exercising his discretion by ordering F to return the parties’ children to M where F had made serious allegations against M and the judge had failed to at least carry out pre-emptory investigations into those allegations.
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Expert evidence about childhood amnesia is admissible as likely to be outside the knowledge and experience of a judge or jury.
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A registered shareholder of a company which held its shares on a bare trust under which it was required to cast its votes in accordance with the directions of the beneficial owner was not "connected with" the company in question for the purposes of section 245 of the Insolvency Act 1986.
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It was obvious that a clause in a lease permitting the landlord to determine the lease by giving not less than six months notice was not conditional upon the tenant having performed its obligations under the lease. The clause had been mistakenly drafted and would be construed to make the landlord’s right to determine unconditional.
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Limitation: For the purposes of section 14 A of the Limitation Act 1980, the relevant knowledge of a corporate organisation could be aggregated from different personnel if in the context of the organisation it was reasonable to suppose that the information would have been aggregated. A damage-causing legal consequence can be a “fact” as much as a damage-causing physical consequence where the attribution of causation is in issue.
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(1) A charge over present and future book debts, where the chargor was required to collect and place those debts in a designated account with the chargee bank, but the chargor was free to draw on the account for its business purposes provided the overdraft limit was not exceeded, was in law a floating charge even if it was expressed as being a fixed charge. (2) The unrestricted use by the chargor of the proceeds in the account was inconsistent with a fixed charge since it allowed the debt and ...
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Liability for motorcycle accident is not in dispute. Case involves consideration and application of Rule of Court 43.11 which provides:""The Court may ...ordain the defender to make an interim payment to the pursuer of such amount as it thinks fit not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the pursuer."
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Pursuers claim for damages for the premature termination of certain contractual arrangements under which they were to provide retail and catering services for the defenders at Prestwick Airport. According to the Pursuers draft the terms of draft agreement
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Issue is whether and to what extent the third party was liable to contribute to the damages to which the defenders were liable to pay to the pursuer. Reference is made to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 Section 3(2) in that there are two questions to be addressed: firstly would the third party if sued have been found liable to the pursuer and secondly if so what would be a just contribution.
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