Planning. Temporary planning permission was unlikely to be granted on appeal by a gypsy community which had located caravans in an area of outstanding beauty notwithstanding a new circular which placed a duty on the local authority to consider the accommodation needs of gypsies and provide suitable land to cater for such needs.
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Commercial Action - Action for Payment - Debate
The pursuers claimed that they overpaid the defenders for goods supplied between August 2001 and January 2005 through an incorrectly applied discount and they sought repayment of it. At debate counsel for the defenders submitted that the remedy sought and the legal basis upon which it was sought required that the defenders be sued in the country of their domicile, namely, England. Counsel for the pursuers argued that the first issue to be decided was to resolve the dispute as to entitlement to t ...
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Commercial Action - Action for Payment - Debate
The pursuers claimed that they overpaid the defenders for goods supplied between August 2001 and January 2005 through an incorrectly applied discount and they sought repayment of it. At debate counsel for the defenders submitted that the remedy sought and the legal basis upon which it was sought required that the defenders be sued in the country of their domicile, namely, England. Counsel for the pursuers argued that the first issue to be decided was to resolve the dispute as to entitlement to t ...
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Scope of Duty. The failure to advise in respect of a time limit for bringing a complaint in the employment tribunal for unfair dismissal was not within the scope of the solicitors’ instructions and the claim failed.
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Ostensible Authority. The issue for the court was whether the Defendant was bound by an insurance contract signed by an agent supposedly on its behalf, but without authority to do so, on the grounds that either the agent had ostensible authority to act or, if not, that the Defendant had ratified the contract. The case concerned an 85% reinsurance treaty in relation to the 2002 Block Quota Share Treaty (quota share treaty) that was an agreement made by Risk Insurance and Reinsurance Solutions ( ...
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Brokers. In proceedings against the brokers for a failure to procure suitable insurance on a shipbuilders' all risks policy, the Court rejected the brokers' arguments that whilst the ship-builder was not expressly identified as a co-assured as instructed, cover extended by way of the "additional assured" clause or on the basis that the shipowner was an undisclosed principal. The "additional assured" clause anticipated the possible nomination of the same. There had been none. The issue of wheth ...
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A majority of the Supreme Court held inter alia that the military commission established by the US Government to try Hamdan, a Guantanamo detainee violated the Geneva Conventions.
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The court exercised its discretion and declined to make a civil restraint order in respect of litigant who had repeatedly issued claims without merit because, in the circumstances, the point at which it would be right to make the order had not been reached.
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The issues raised in this case were whether the defendant reinsurer was bound by a reinsurance treaty signed by an agent supposedly on its behalf, but without authority to do so, on the grounds either that the agent had ostensible authority to do so or, if not, on the grounds that that the defendant reinsurer ratified the contract. Held: the Claimant’s claim was dismissed since the Judge concluded that the defendant had not represented to the claimant that its alleged agent had such authority, a ...
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Appeal to Sheriff Principal - Family Law (Scotland
The Sheriff found that the terms of a Minute of Agreement between the parties dated 1 July 2003 and registered 8 July 2003 as to financial provision were not fair and reasonable at the time it was entered into by reason of the defender's failure to divulge his re-dress payment of ú16,059.53 from London Life Limited which formed part of the matrimonial property at the relevant date. She found the pursuer entitled to an order in terms of section 16(1)(b) of the Family Law (Scotland) Act 1985 setti ...
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