Claims effectively compromised by agreement to discontinue. On the facts, the claimants' actions against their former employer for personal injury for chemical exposure had been validly compromised by an agreement made by telephone between the parties' solicitors that the claimants would discontinue their actions on the basis that each side should pay its own costs.
|
D appealed against his conviction pursuant to the Regulation of Investigatory Powers Act 2000, s.1(2). Section 1(6) of the Act provides that a person is not guilty of a criminal offence if the circumstances in which a communication is intercepted are such that he is a person with a right to control the operation or use of the system. The Judge interpreted this section and held that the 'right to control' meant more than merely an entitlement to access or operate the system and required a right ...
|
The appeal arose from group litigation concerning advance corporation tax (ACT) following the ECJ judgment in Hoeschst / Metallgesellschaft, claiming the Act provisions were inconsistent with the non-discrimination articles in the tax treaties with the US and Japan. The Court held that on its face Act was inconsistent with the non-discrimination articles but they were not part of UK law because not everything in the treaties was enacted into UK law.
|
V, a member of a majority tribe in Kenya, had refused her boyfriend's request that she join the Mungiki sect, whose practice was to forcibly inflict female genital mutilation. Members of the sect located V at her mother's home and raped her. Her mother and sisters went missing, and fearing that she would be found and subjected to genital mutilation V fled to the United Kingdom. V was successful in her appeal before an adjudicator, but unsuccessful in a further appeal by the SSHD to the AIT, whic ...
|
Pleural plaques litigation. Pleural plaques caused by negligent exposure to asbestos, which were of themselves insufficiently serious to give rise to a cause of action, did not found a claim in negligence because they carried a risk of subsequent significant injury and gave rise to consequent anxiety. A defendant who negligently exposed a claimant to the risk of contracting a disease was not liable for free-standing psychiatric injury caused by the fear of contracting the disease.
|
A judge's refusal to order a CAFCASS report was overruled the CA holding that there was an obligation on the court to pursue all possible avenues to achieving the resumption of direct contact between a parent and child.
|
Service within the jurisdiction not effective where Defendant out of the jurisdiction. It was not open to a court, in the light of the CPR r.6.5(1), to conclude that proceedings issued for service within the jurisdiction could properly be served when, at the time of deemed service, the defendant was physically out of the jurisdiction.
|
The defendant had infringed the claimant’s trade marks by unknowingly selling servers which had been produced by the claimant but which had not been imported or put on the market in the EU with the claimant’s consent. The injunction was qualified so as to be proportionate and not to carry the risk of shutting down the defendant’s legitimate business. The defendant was not prevented from dealing in the claimant’s products if it did so innocently and if it informed the claimant of the serial num ...
|
Where a mortgagee exercises his power of sale with mixed motives, including to recover the debt secured by the mortgage, his exercise of the power of sale would not be improper, but where no part of his motive was to recover the debt, the power of sale would be invalidated.
|
Advice on Settlement. On the morning of the first day of a personal injury trial, having assessed the Claimant's likely performance in the witness box, Leading Counsel advised the Claimant to accept the monies that had already been offered. A moderately higher offer was obtained from the Defendant. Although the offer did not reflect a percentage analysis by Leading Counsel of the risks and the overall likely recovery of quantum, given the risks of the Claimant recovering "not a penny" such ...
|
| 1 |