The Tribunal considered the criteria for allowing non-parties to make submissions under Rule 37(2) of the revised ICSID arbitration rules.
|
The Appellant landlords were unsuccessful in appealing a decision that the Respondent tenant had successfully terminated its lease pursuant to a notice given by the tenant under a break clause. The landlord alleged that the tenant had failed to "materially comply with" its repairing obligations. The judge found that the tenant may have taken reasonable steps to comply however this was irrelevant to the objective question of material compliance. The relevant question was whether, in light of the ...
|
Reasonable foreseeability – Fatal Accident Claim. To succeed in a claim under the Fatal Accidents Act 1976 in respect of the death of a person who had been injured in a factory accident, became depressed and then committed suicide, it did not have to be shown that the suicide was reasonably foreseeable as a separate kind of damage.
|
Civil Recovery Orders not penal or in breach of ECHR. Civil recovery orders made pursuant to the Proceeds of Crime Act 2002 were not penal in nature and did not breach the European Convention on Human Rights 1950 Art.7.
|
The Housing Act 1985 contained a lacuna in that an assignee of a secure tenancy, who had taken part in the fraudulent misrepresentation that induced the landlord to grant the tenancy to the original tenant, was able to resist an order for possession and thereby take advantage of his own fraud as the common law remedy of rescission of the tenancy was not available to the landlord, but rather they had to follow the code set out in Schedule 2 of the Act.
|
Misdiagnosis of celiac disease – Recognised psychiatric injury not established. Where a claimant had been misdiagnosed as suffering from coeliac disease and had been on a gluten free diet for a number of years, the loss claimed for psychiatric injury, which was less than a recognised psychiatric illness, was not recoverable at law. The balance of the claim was for economic loss and was time-barred under the Limitation Act 1980.
|
C claimed payment for the construction of a new sports facility at D’s premises. D counterclaimed for unfinished and defective work. C had tendered for the works on a JCT standard form of contract. However, D decided to appoint C to undertake the works under letters of intent, as the execution of certain documents was to be deferred until after the grant of planning permission. After completetion of the main elements of the work, D refused to sign the contractual documents, insisting that it wou ...
|
Value of confidential information. A judgment on an inquiry as to damages suffered by a partner by reason of misuse by former partners of confidential information following the dissolution of the partnership was set aside where the master had misdirected himself as to the correct method of valuing the confidential information.
|
Sentencing guidelines applicable to the supply of a cannabis as a class B drug applied equally now that cannabis had been reclassified to class C.
|
The landlord served notice under section 21(4) Housing Act 1988 stating possession is required "at the end of your period of your tenancy". The court conisdered the phrase meant after the end of the tenancy rather than the split second in time the tenancy came to an end. It was therefore a valid notice.
|
| 1 |