Where two drivers drove in tandem at excessive speeds a duty of care was owed by the second driver not just to the leading driver but also to those that might reasonably be affected by the second driver's actions.
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Choice of law. As a result of an FSA requirement to review past business, Sun Life incurred significant losses and expenses. Sun Life sought an indemnity under its Financial Institution Professional Liability Policy with Travelers. Travelers declined liability on the basis of breach of warranty in that relevant officers knew as a realistic possibility that the FSA's investigations could give rise to a loss exceeding US$25,000,000; and failure to comply with the notification clause. The court did ...
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Against a background of allegations by the parents in care proceedings that they were victims of miscarraiges of justice in previous care proceedings; Munby J set aside an order for reporting restrictions in respect of care proceedings substituting an order allowing the media to attend the forthcoming hearing and to report the names of the parents and child.
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Preliminary Proof - Prescription
The defender is sued as representing the Ministry of Defence. The pursuer raised two actions against the defender. The proof in the conjoined actions is set down for 30 January 2007. A preliminary proof was held on the question of time-bar in relation to one of the actions only. The action was time-barred in terms of section 17(2) of the Prescription and Limitation (Scotland) Act 1973. On behalf of the pursuer it was submitted that the court should exercise its discretion under section 19(A) to ...
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Under the New Roads and Street Works Act 1991 s.82 if a statutory undertaker caused or required damage to apparatus belonging to another person in the course of street repairs, whoever it was that actually did the work that constituted the damage, the statutory undertaker had to pay for the making good of that damage unless it could establish negligence or misconduct by the other person under s.82(4) of the Act.
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Reinsurers declined liability on the basis of non-compliance with a Notification of Loss / Claims Co-operation clause. Reinsurers provided cover for two separate excess of loss layers over the retention for securities’ liabilities on the underlying D&O policy. Where the clause required notification of “loss or losses” that would not be construed to mean “alleged loss or losses”. For the same reasoning in Royal & Sun Alliance Plc v Dornoch [2005] 1 LLR IR 544, the “loss or losses” referred to the ...
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The CA held that a sentence of 12 months' imprisonment for contempt of court for several serious breaches of a non-molestation order was excessive should be decreased to eight months.
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Claim Form sufficiently raised a cause of action under s.137 TULR(C)A 1992 and should have been accepted.
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Criminal Appeal Against Conviction
The appellant was convicted at Paisley Sheriff Court on 12 November 2004 by a unanimous verdict of the jury of assault to severe injury and breach of bail conditions, and on 14 December 2004 he was sentenced to 3 years imprisonment, 3 months of which were attributable to the bail aggravation. Leave to appeal against conviction was granted on appeal to the second sift judges on 25 May 2005. The single ground of appeal was:- "that there was a miscarriage of justice in respect that the jury, having ...
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An application for revocation of a patent was granted, because the patent was invalid for added matter, lack of novelty and obviousness. The patent claimed the use of botulinum toxins in medicines for relieving pain related to muscle activity.
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