Pursuant to a construction contract D had agreed to carry out preliminary ground work on C's site. D delayed carrying out the works. D rendered a number of invoices some of which were paid but a number of which were not. D issued a statutory demand in respect of the outstanding invoices. C contended it had incurred additional financing charges as a result of D’s delays which it was entitled to recover from D and which, once offset, reduced D's claim to nil (and meant that C was owed money). C ...
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The court ruled that a change in surname and an order under s.91(14) Children Act 1989 were both in the best interests of children where their father had pursued an abusive course of behaviour towards the mother and made threats within the proceedings to abduct the children.
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Race Discrimination Against Parliamentary Candidates: In Labour Party v Ashan, the House of Lords held that a political party in selecting candidates is not conferring an 'authorisation or qualification' thereby enabling someone to be engaged in a profession. Accordingly section 12 of the Race Relations Act 1976 did not apply to the selection of parliamentary candidates who considered that a failure to select was on grounds of race. However the House of Lords held that the Labour Party was an 'a ...
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The court dismissed a mother's appeal against a judge's refusal to make an order for post adoption contact under s.26 Adoption and Children Act 2000. The guardian had strongly supported twice yearly contact and the LA's care plan was for once yearly. The court held that the judge had been entitled to prefer the evidence of the LA.
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Award of Indemnity Costs. An application for indemnity costs against the respondent bank was granted as it had conducted its litigation in an unreasonable and unsatisfactory manner by pursuing allegations in a counterclaim that were deeply flawed from the start and had little prospect of success. It was said that where a court was considering whether a losing party’s conduct was such as to justify an indemnity costs order against that party, the minimum nature of that conduct required to engage ...
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The refusal of a prosecution adjournment was a ruling to which s.58 CJA 2003 applied.
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One of the areas of the law where the Human Rights Act 1998 and the incorporation of the European Convention has had a significant impact is prison disciplinary proceedings, which are such that an independent and impartial tribunal is required if there is the possibility of extra days' detention being added to the sentence as the punishment. The main change nevertheless involved the need to take a case through to the European Court of Human Rights because of the conservative view taken by the do ...
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Despite the Court concluding that the solicitor advocate had conducted the proceedings unreasonably and negligently and that they were doomed to failure no order for wasted costs would be made where the consequences would be the possibility of the solicitor advocate being made bankrupt.
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The court dimissed a wife's application for leave to appeal an ancillary relief order out of time on the grounds that the consent order had provided for payment to her of a lump sum on the basis that the market value of the FMH was £1.25m and the property subsequently sold for £1.6m.
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Section 38(1) of the Landlord and Tenant Act 1954 rendered void an agreement between the lessee of premises and the potential purchaser that the lessee would surrender its lease prior to the premises being purchased.
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