Appeal by main contractor (A) against determination of a preliminary issue. Respondent sub-contractor (R) was engaged by A to carry out M&E works on a hospital PFI project on basis of letter from A to R confirming that price of £34.25 million was agreed in principle. R commenced work on basis of short form orders from A limited to work up to value of £14 million: no formal sub-contract was ever entered into. Court at first instance held that R was under no obligation to complete the whole of the ...
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These two cases, both decided by HHJ Coulson QC, concerned the principles upon which indemnity costs will be awarded. It was held in both cases that conduct must be unreasonable to a high degree to justify an award of indemnity costs, but it need not involve morally condemnatory conduct. In the former case, it was held that in exceptional circumstances a refusal to mediate might justify an order for indemnity costs, but in that case the failure to mediate was not the result of any unreasonable ...
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Rylands v Fletcher: Cutting polystyrene blocks with a hot wire machine in factory premises constituted non-natural user of land for the strict liability of Rylands v Fletcher to apply. Further nuisance and negligence were established against the factory owners. Although the landlord was not negligent, it was liable for failing to meets its obligations under various deeds to provide proper support to the party wall by carrying out appropriate remedial works after the fire.
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In accordance with s.269 and Sch.21 CJA 2003 the D would serve a minimum of 40 years before being eligible for release on licence.
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R’s opening speech should not deal with the law save where there are issues of real complication and difficulty and the judge agrees the jury would be assisted by it. Convictions were quashed as being unsafe where the trial judge's attitude and conduct towards counsel for D had damaged D’s confidence in the administration of justice in her case and would similarly have damaged the perception of any reasonable observer present at the trial.
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The 5-year mandatory minimum sentence for certain firearms offences, expect in exceptional circumstances, should not be imposed if it would result in an arbitrary and disproportionate sentence.
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Under a section 4(a) POA 1986 charge, the criminal law should only be invoked if it was established that the conduct amounted to such a threat to public order to require the involvement of the criminal law, and not merely the civil law. The prosecution had to demonstrate that the prosecution was being brought in pursuance of a legitimate aim and was the minimum necessary to achieve that aim. The court had carefully to consider and to set out the reasons why it had reached the conclusion that the ...
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Gypsy Injunction: Mr Justice Bean determined that an injunction must be complied with, in circumstances where a local planning authority had obtained the order requiring that gypsies vacate a site which they occupied and continued to occupy in breach of planning control. It did not matter that the local authority acknowledged that there was a need for further gypsy site provision within its area. The judge held that the order of the court must be complied with, and declined to suspend it until s ...
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The Claimant landlord successfully appealed against an order setting aside its executed warrant of possession which allowed the Defendant tenant to re-enter. The CA held that the jurisdiction to intervene after eviction had to be based on principle and the tenant had to show an abuse of process or oppression which was absent in the present case.
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On the evidence a disputed property was held on trust for C. The Court found that the property had been acquired by the Second D, a company, on the basis of an agreement with C’s father that it would hold the property for C’s father or possibly for him and his family.
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