There was insufficient evidence that assurances which had been made by one person to another whilst they were living together for a period of 15 years were intended or understood to to create a promise of an interest in the property. Thus no constructive trust or proprietary estoppel arose.
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Local Authority Liable for Defective Inspection of a Highway The appellant local authority appealed against a decision that it was liable for failing to secure that a public highway was not dangerous to traffic, in accordance with the Highways Act 1980. The trial judge found that an inspection that had been carried out from a vehicle that was travelling at 25mph was insufficient because the speed was too fast to allow a proper inspection to be performed. The Court of Appeal held that the trial ...
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Judge Right to Conclude that Mesothelioma Case against Appellant had been Proven The appellant company appealed against a decision that they were liable to the widow of an employee who contracted mesothelioma as a result of exposure to asbestos during 24 years working as a welder. He had been employed by the company for part of 1966-67; other companies who had employed him no longer existed or where unidentifiable. The appellants contended, inter alia, that there was no evidence that his work h ...
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The Court of Appeal allowed in part Multiplex’s appeal against the decision of Jackson J in a preliminary issue hearing of one of a number of disputes arising out of the steelwork sub-contract. The preliminary issue was whether (as Multiplex argued) Cleveland Bridge (CB) was responsible for carrying out temporary works to support the roof of the stadium under the fixed price Supplement Agreement (entered into between the parties after disputes arose under the steelwork sub-contract), or whether ...
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Ms Murphy, the licensee of a public house, appealed by way of case stated against a decision of the Crown Court to uphold her conviction for offences contrary to the CDPA 1988 s.297, in connection with her screening of live premier league football matches. The matches took place in the United Kingdom and were filmed and originally transmitted from the UK. Ms Murphy subscribed to a licensed Greek broadcaster because it charged less than the licensed UK broadcaster. It was held that the UK was ...
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The court granted a declaration that the inventions claimed in three out of four of the defendant’s patents in issue were not essential to the third generation mobile telecoms standard in Europe.
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The CA allowed the appeal of a foster mother against the refusal to grant her leave to apply for adoption of a child placed with her on a short-term basis. Guidance was given on the legal principle to be applied in the exercise of the court's discretion under s.46(6) which was whether the proposed application had a real prospect of success.
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CA laid down sentencing principles for those involved in the production of cannabis: 1. Those at the lowest level tending plants ("gardeners") - 3 years. 2. "Managers" taking a greater role, including sale - 3 to 7 years 3. "Organisers" - 6 to 7 years rising according to criminality.
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In deciding whether to quash an acquittal, the CA had to form its own view as to whether the acquitted person’s subsequent guilty plea to perjury at his trial constituted compelling evidence that he had committed the offence charged.
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The appellant (A) appealed against a decision dismissing its Part 20 claim against the respondents (R, company X's past and current directors and auditors) for contribution or indemnity under the Civil Liability (Contribution) Act 1978. An employee of Company X had defrauded it of large sums by procuring the transfer of the sums to one of A’s accounts. A’s claim for a contribution or an indemnity from them under the 1978 Act was made on the basis that R's breaches of duty had caused the unauthor ...
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