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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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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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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It was open for the court, after finding that accidental death was possible, to discount the less likely possibility of suicide, thus finding on the balance of probabilities that accidental death had occurred.
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An award of basic damages for malicious prosecution below the range recommended by the judge and the failure to award aggravated damages were decisions that no reasonable jury could have come to in the circumstances.
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On appeal it was held that the trial judge had been right to refuse a declaration of non-infringement of a patent concerned with a cholesterol synthesis inhibitor, and had also been right to hold that a second related patent was invalid as anticipated by a prior application.
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It was just to make a third party costs order against a non-party whose actions were responsible for effectively depriving a claimant of any realistic opportunity of recovering its costs.
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