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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Sexual abuse: The Court assessed the Claimant's damages following the admission of liability by the Defendants. The case involved sexual abuse of a child by a Catholic priest over a period of 10 years, as a result of which the Claimant had suffered severe mental health problems.
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A non-biological father’s appeal was dismissed where the trial judge’s decision not to order contact had been within his discretionary bounds.
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Application for costs against non-parties: Where an application for costs to be paid by non-parties was not made until after judgment had been given, and without prior notice, it was held that the Court did not have sufficient evidence of the allegations made against the non-parties and it would have been a denial of the fundamental right of the non-parties to be heard on such serious allegations if the Court were to decide the issues summarily.
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When considering a life sentence under s.109 PCC(S)A 2000, a judge was right not only to consider the facts of the present and past like offences, but also D’s criminal record generally.
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