A winding-up petition was an action for the purposes of s.61 of the Solicitors Act 1974. The fact that an agreement between a firm of solicitors and their client was not referred to anywhere as a contentious business agreement was not determinative of the issue as to whether it was in fact such an agreement. If an agreement fulfilled the criteria for a contentious business agreement then it would be one, regardless of whether the parties referred to it as such.
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The appellant charterers appealed against a majority arbitration award holding that the damages payable by them to the respondent shipowners for late redelivery of a vessel under a time charterparty included the owners’ loss of profit on a subsequent fixture. The charter had been extended and towards the end of the time period the shipowners had fixed a new time charter to commence after redelivery. Notice of redelivery had been given for a period ending on 2 May 2004. The vessel was redelivered ...
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The pursuers purchased property comprising a tenement block in Dundee. A dispute arose as to what exactly comprised the subjects purchased by the pursuers and in particular whether the ground floor and basement premises were included within the sale. The court considered the missives concluded between the parties and the proper construction of these. The defenders lodged a counterclaim and the court examined questions of relevancy of the counterclaim.
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Reclaiming motion
The defenders appealed against an interlocutor of the Lord Ordinary dated 16 December 2005 whereby he awarded to the pursuer damages of £5,150, with interest for an injury sustained by him in the course of his employment by the defenders. The Lord Ordinary held that the accident was caused by the defenders' breach of their statutory duty under Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998. He declined to make any reduction of the pursuer's award in respect of contr ...
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Proof
The pursuers had craves for declarator, interdict and damages in respect of a in-filled land fill site adjacent to their property that caused water to flood their land and access roadway. The defenders averred that there was no natural drainage from the pursuers' field onto the defender's land, the two areas being almost level, before infilling. The defenders attributed the pursuers' flooding problems to the construction by them of an access road close to the boundary between the two properties ...
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The Court enforced an adjudicator’s decision notwithstanding (a) the referral notice was served one day late and (b) the adjudicator communicated his decision 12 hours after expiry of the time available for reaching the decision. Judge Coulson emphasized the importance of compliance with adjudication timetables because “the essence of adjudication is speed”; but on a “sensible and commercial” construction of the relevant clause of the contract between the parties found that the referral notice ...
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Confidentiality Assurances not absolute. Assurances of confidentiality of medical records given to patients by the General Medical Council when it was investigating serious criticisms of a doctor could not be regarded as absolute, since, as well as being subject to the Civil Procedure Rules 1998 and their implementation by the court, the assurances might be subject to overriding requirements that other considerations be given priority, the matter being determined by where the interests of justi ...
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Road Traffic Accident. Where a replacement vehicle had been supplied to an insured driver through a company nominated by his insurers, after his car had been damaged in a road traffic accident, there was nothing in the principles of subrogation or in the hire agreement which prevented the driver from recovering the full cost of hiring the replacement vehicle given that the rate of hire was reasonable.
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An appeal was dismissed against the grant of summary judgment against the newspapers for breach of confidence and copyright infringement in respect of the Prince’s private journals. The journals were obviously confidential and private. It was significant that the copies of the journals had been passed to the newspapers by an employee of the Prince in breach of her contract of employment. The public interest in disclosure of the journals’ contents did not outweigh the public interest in employe ...
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Confidentiality Assurances not absolute. Assurances of confidentiality of medical records given to patients by the General Medical Council when it was investigating serious criticisms of a doctor could not be regarded as absolute, since, as well as being subject to the Civil Procedure Rules 1998 and their implementation by the court, the assurances might be subject to overriding requirements that other considerations be given priority, the matter being determined by where the interests of justic ...
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