D (the Employer) and C (the Contractor) had been a party to adjudication no. 1 in which C had argued that the contractual liquidated damages provisions were inoperable because the scope and value of the works in each sectional completion could not be ascertained. The adjudicator found against C. Following a second adjudication, which was compromised, C commenced adjudication no 3 in which it sought repayment of monies deducted as liquidated damages. D refused to take part in the adjudication ...
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Free School Transport and Parental Choice of Schools. Where the parents’ preferred school is further away from the child’s home than another school or group of schools that can meet the child’s special educational needs and the LEA decides to name, in Part 4 of the child’s statement of special educational needs, the parents’ preferred school on condition that the parents agree to meet all or part of the transport costs, the LEA must ensure that it identifies, by name, the nearer appropriate sch ...
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“After-the-event” insurance cover. In a group action of 45 claimants against the Bank of Nova Scotia & Ors directions were given in order to protect the claimants ATE cover until the substantive hearing listed for 2008. Although the parties had originally preferred a lead case approach, because of the third party actions brought by the Defendants, the reluctance of any of those third parties to be a lead case, the limitations of the ATE insurance cover to a per case basis and the allegations o ...
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D was in possession of a gas plug, a component part of a firearm. He argued that since the gas plug had been taken from a de-activated weapon it fell within the exemptions under s.8 Firearms (Amendment) Act 1988. Held: The fact that the item had come from a deactivated weapon did not matter. It would be easy to use the part to construct a working weapon, and therefore the exemption did not apply. D was therefore guilty of the offence under s.5 Firearms Act 1968.
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Claimant’s liability for costs incurred by Defendant before permission to apply for JR. In the context of a costs order in judicial review proceedings, which stated that the unsuccessful claimant was to pay "75 per cent of the costs of this claim not to include costs of the permission hearing...", it had been open to the judge in a detailed assessment hearing to order that the claimant was liable for 75 per cent of the costs reasonably incurred by the defendant prior to the grant of permission ...
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HHJ Havery QC held that an adjudicator had no jurisdiction to reach his decision out of time, following his recent decision in Epping Electrical Company Ltd v Briggs & Forrester (Plumbing Services) Limited [2007] EWHC 4 (TCC). HHJ Havery QC also struck down the Government (GC/Works) adjudication rules which applied to the contract in the present case for the same reasons he struck down the CIC Rules in Epping: namely, because those rules permitted an adjudicator to reach his decision out of tim ...
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Where a property had been let with a mixed residential and business use with the protection of the Landlord and Tenant Act 1954 it was not possible for tenant to gain the benefit of the protection of the Rent Act 1977 through unilaterally ceasing the business use at the property.
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In respect of a CJA 1988 receivership, CPR r.69.7(2) did not override the general rule that the Receiver’s remuneration, costs and expenses were taken from the receivership assets.
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Race Discrimination - Contract workers
The Claimant was employed by A to provide patient advocacy services at B’s mental hospital. He was barred by B from access to a ward, allegedly after an incident with a patient. A then suspended him. He claimed that both A and B were guilty of race discrimination. On a preliminary issue the Tribunal held that he was a contract worker of B, within S7 of RRA. On appeal held that the Tribunal had reached a factual finding open to them and had made no error in principle. There have, I think, been ve ...
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A minimum term of 12 years was increased to 15 due to the vulnerability of the victim, formidable culpability and extreme violence used to kill.
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