The Claimant was the landlord of commercial premises which were occupied by the Defendant. Each of the leases contained a break clause and this right was subject to certain conditions being complied with. The Defendant served break notices and the parties then reached a settlement in respect of repairs and decoration. The Claimant subsequently claimed rent arrears and service charge arrears alleging the break notices were not effective. The court held that the Claimant could not resile from the ...
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Exceptional case of recovering costs as part of damages awarded. It would only be in an exceptional case that costs, ordered to be paid by the claimant to the defendant in the course of a negligence claim by the former against the latter, could be recovered by the claimant from the defendant as part of the damages awarded to the claimant against the defendant in the same claim.
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Representation order was refused. An issue arose as to whether it had been open to the deputy district judge to conclude that D was not at risk of a custodial sentence. Held: The application would be dismissed. Given the intention of various statutory schemes to keep young offenders out of custody, the chance that D would receive a sentence of detention was so remote that it was open to the deputy district judge to conclude that such risk could be discounted for all practical purposes. Although ...
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D was an immature boy of 14, of previous good character. He was accused of putting his finger into the vagina of C, an eight-year-old girl, who was a friend of his sister’s and whom he knew well. C complained when D asked if he could do it a second time. She also claimed that he had ’snogged’ her. He came before the youth court charged with offences contrary to s.6 and 7 SOA 2003. The Crown suggested to the court that the offences with which he was charged were grave offences under s.91(1) of th ...
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D was facing trial and learned that the complainant had been arrested for a serious offence. By the time the day of trial arrived the CPS had not served details of that matter, so D was not in a position to make a bad character application. An application to adjourn was made, not opposed by the Crown. The justices ordered the trial to proceed and S was convicted. Held: The magistrates’ court decision to refuse the adjournment and accordingly deprive D of his right to disclosure under the CPIA 19 ...
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D applied for permission to cross-examine C in relation to her previous convictions, on the ground that the matters went to her credibility, pursuant to s.100 of the CJA 2003. The judge refused the application. D was convicted. On appeal, the court considered whether the previous convictions were relevant to C’s propensity to behave in the manner alleged by D. The appeal would be allowed. Whilst, in the case of D’s bad character, propensity to commit offences of the kind with which he was charge ...
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Exceptional case of recovering costs as part of damages awarded. It would only be in an exceptional case that costs, ordered to be paid by the claimant to the defendant in the course of a negligence claim by the former against the latter, could be recovered by the claimant from the defendant as part of the damages awarded to the claimant against the defendant in the same claim.
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Adults with Incapacity (Scotland) Act 2000
This was an application for an Intervention Order in the affairs of an adult, brought by his three adult children. The adult was 81 years old, and suffered from Alzheimer's Disease and unable to communicate. The adult's wife passed away on 2 February 2005. In August 2000, she had executed a will, appointing the three applicants as her executors. She had made no provision in the will in his favour, leaving her entire estate to be distributed equally amongst the three applicants. The application h ...
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Civil Proof on Causation
Kyle McKenzie (12) suffered from cerebral palsy which was caused by events at his birth in 1994. The proof here related solely to the timing of the events that caused that condition the defenders having lodged a Minute of Admission of Liability in the terms:- "...the defenders hereby admit liability to make reparation to the pursuer, as guardian for Kyle McKenzie, for any loss, injury and damage sustained by Kyle McKenzie as a result of his not being born by 2140 hours on 25 February 1994". The ...
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This case was an action for payment relating to a firm of solicitors seeking payment of professional fees due in respect of professional services that they carried out for the defenders who formerly carried on business as contractors. The court here had a hearing on Notes of Objections relating to the taxation of three accounts of expenses following the action.
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