A vessel on its way to Iraq carrying a cargo of wheat ran aground. The vessel’s owners entered into a salvage agreement with Tsavliris Salvage (International) [T] which purported to also be on behalf of the cargo’s owners. The vessel was successfully salved and T sought to recover sums from the Grain Board of Iraq [GBI], which they understood was the owner of the cargo. At arbitration, the arbitrator found in favour of T, holding that GBI owned the cargo, was a party to the salvage agreement and ...
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Joinder of Parties: In December 2004, the defendant insurance brokers (the brokers) were instructed to consolidate and renew the professional indemnity insurance for the Erinaceous group except for those carrying on insurance-related business. The brokers engaged a sub-broker at Lloyds. The sub-broker obtained cover for £10 million and a further excess layer of £10 million. The excess layer limited cover to liability arising from the insured’s commercial property management activities only. Exc ...
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Legislative Reforms: The Association of British Insurers (ABI) joined with the Confederation of British Industry (CBI) and Citizens Advice Bureau (CAB) to introduce proposals for reforming personal injury compensation. These proposals include: (a) early notification of claim; (b) removal of work duplication; (c) setting of challenging timescales for insurers, giving them 15 days to decide if they are liable for a motor claim and 30 days for an employers' liability or public liability claim; and ...
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The current practice in some county courts of annulling a bankruptcy order, on the basis of an undertaking from the bankrupt’s solicitor to pay the debts, costs and expenses of the bankruptcy, was not within the jurisdiction of the court.
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In two recent reported decisions parents have sought unsuccessfully to compel their local authority to place their child in residential schools for care reasons as well as educational considerations.In R (H) v London Borough of Barnet [2008] EWHC 1294 (Admin) a mother, who had health needs of her own, considered that her son – a 15 year old boy who had been diagnosed with Asperger’s Syndrome - should be accommodated in a residential school for both his benefit and her own. She sought to challeng ...
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In order to do broad justice to the parties it was necessary where a property was held on trust for two parties in equal shares and one had been occupying the property rent free, for the occupying party to account to the other party for occupation rent until the property was sold.
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The Claimant’s daughter suffered from hypoxic ischemic encephalopathy at birth. The effect was that she could only survive on life support and the outlook was hopeless. Life support was withdrawn the following day. Three years later the NHS Trust admitted liability for the death. The Claimant was awarded damages for psychiatric injury caused through her daughter’s death and the prolonged investigation into that death in the sum of £20,000 and consequential treatment costs as well as bereavement ...
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Under the provisions of the Inheritance (Provision for Family and Dependents) Act 1975 the court awarded a wife the former matrimonial home and a lump sum having held that the will of her deceased husband had failed to make reasonable provision for her.
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The judge upheld the decision of an adjudicator that where parties had executed a written document that only contained some of the express terms of a contract there was no common mistake and no order for rectification was possible. Section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 required a written document to incorporate all the terms the parties had expressly agreed.
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The Claimant had a long history of back and urinary difficulties. He consulted his GP after an increase in back pain. After a difficult night an ambulance crew was summoned who believing the Claimant was suffering from sciatica arranged for another GP to attend who also believed there to be a sciatica problem. A second ambulance crew was called out, but did not take the Claimant to hospital. Subsequently it was discovered that the Claimant was suffering from cauda equina syndrome and that the de ...
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