The High Court has jurisdiction by way of judicial review over public bodies, but also over inferior courts, including the county court. The issue in Strickland v Preston County Court and Others [2007] EWCA Civ 1132 was the extent to which a judicial review should be permitted. The factual matrix involved a claim against the local authority and police in relation to the death of the claimant's daughter, but the claim was struck out on the basis that the claim form had not been served in a timely ...
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For convictions for Possession Class A and B Drugs, following guilty pleas, the total sentence of 16 weeks' imprisonment suspended for 18 months, together with an order for 150 hours of unpaid work and a six week curfew order, the sentence of imprisonment was set aside. The requirement of unpaid work and the curfew order, would remain.
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The Defendant partnership admitted liability for failure to advise the Claimants on the effect that a change made to a lease would have on the rent review clause but the Court held that the act of extricating oneself from a predicament by taking reasonable steps did not break the chain of causation.
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Inappropriate to Set Aside Stay where Chances of Success Remote. Keith J. held that it was not appropriate to set aside a stay of proceedings where the proceedings had been delayed over a period of some twelve years, and where the claimant’s chances of success were so remote that the interests of justice demanded that the litigation be brought to an end. The procedural situation in the case was extremely complicated- the case had been automatically stayed when the CPR came into force and the par ...
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The Appellant tenant’s appeal against a decision requiring him to give up possession of a flat to the Respondent was dismissed. A primary consideration in deciding whether a protected tenancy had been created is the purpose for which the premises were let. As the sole purpose was to preserve the parties’ position pending conclusion of possession proceedings the intention of the parties was to limit the occupation to that duration and no secure tenancy had been created.
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In a dispute relating to various patent, design and trade mark rights connected with a type of anti-colic baby bottles, it was held that the patent was invalid for obviousness, the copyright in the logo had been infringed by the UK corporate defendants’ acts of importing, possessing and distributing, and the UK corporate defendants had infringed the claimants’ trade mark and passed off their bottles as those of the claimants. It was appropriate to extend liability for copyright and trade mark i ...
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Equal Pay: In Redcar v Cleveland Borough Council, the Court of Appeal dismissed the contention that equal pay legislation does not apply where the woman is doing higher rated work than a man (as opposed to work rated the same). The Court of Appeal construed section 1(5) of the Equal Pay Act 1970 to make this clear.
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Every defendant is entitled to be tried fairly - courteously and with due regard for the presumption of innocence. D was not tried fairly. There was a failure of due process by reason of the judge's conduct.
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CFA Unenforceable where Material Non-compliance with Regulation. It was held that a Conditional Fee Agreement was not valid and enforceable because there had been material non-compliance with Regulation 4 of the Conditional Fee Agreements Regulations 2000 which requires solicitors to inform the client about the availability of insurance and other methods of financing the costs. The client had transferred to a firm of solicitors who were not on the panel of the insurers who were initially fundin ...
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In analysing the Home Secretary’s approach when rejecting Parole Board recommendation on categorisation or transfer of mandatory life sentence prisoners, either he could accept the Parole Board's advice, save in exceptional circumstances, whether that advice is for or against transfer. Alternatively, he could look carefully and with due attention and with a questioning mind at every piece of advice, positive or negative, from the Board. It is not always the case, in relation to negative advice f ...
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