Detailed comparison with personal injury awards not appropriate: When determining damages for libel it was not appropriate to make detailed comparisons with personal injury awards, although they could be used as a general test for reasonableness, as could previous awards made by judges (as opposed to juries). Defendants means were irrelevant.
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Single-meaning and repetition rules disapplied where part of article protected by statutory qualified privilege: Where part of the article complained of was protected by statutory qualified privilege, the meaning of the remainder of the article had to be determined without application of the repetition rule; an exception to the single-meaning rule was required.
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The solicitors had acted for financial advisers in a claim against a pensions scheme company on the basis that the latter had induced one of the financial adviser’s clients to switch from a commission based scheme to a non-commission based scheme. Solicitors and Counsel had advised that the evidence of the third party’s financial director would be highly relevant to show that the client would have stayed with the commission based scheme but for the pensions scheme company’s actions. The financia ...
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In advance of the trial of a preliminary issue to determine whether the court should grant declarations concerning the essentiality of certain patents, Nokia applied for disclosure of certain documents said to be commercially confidential, and the court determined the terms on which documentary disclosure would be made. It was held that Nokia’s solicitors would give an undertaking to retain the documents at their premises except to the extent that they were required for applications to court or ...
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The owners of a coal mine unsuccessfully attempted to mine through a roadway that bisected a panel being mined leading to a roof collapse. Insurers sought to avoid liability on the basis that this mining amounted to a material change in risk that had not been disclosed. The Court found that although there had been material non disclosure, by granting an extension with full knowledge of the potential for avoidance for non-disclosure underwriters had affirmed the contract. Insurers were not entitl ...
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A general practitioner was found to have failed to carry out a medical examination with due care on a patient suffering from symptoms of meningococcal septicaemia. Although the notes of examination recorded symptoms suggestive of a common cold. in light of the corroborating evidence as to the claimant’s symptoms at the time of examination from her relatives, the notes did not represent a complete account of those symptoms.
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Solicitors: The Claimants were shareholders in a company whose value was mainly represented by debts owed to it by customers. In selling their shares the purchaser wished to retain part of the purchase price pending determination of the recoverability of the debts. The parties put in place a mechanism to achieve this which involved the Claimants providing a warranty that the debts would be recovered within a limited period of time and a warranty to pay a sum equivalent to that. During negotiatio ...
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Abuse of Process: Where the assured had issued proceedings on the eve of the expiry of the limitation period and there had been an expectation that negotiations would follow the close of pleadings there was no basis for a finding that the assured had no intention of progressing a claim and thus the failure to fix a case management conference could not amount to an abuse of process. Where the extent of the delay meant that a trial of the action was unlikely to take place until twelve years after ...
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The tribunal had been entitled to suspend a solicitor indefinitely where in the course of complaint proceedings he had made numerous allegations against the Law Society and the judiciary of corruption and perversion of the course of justice.
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Reports by Charity Commission protected by traditional qualified privilege: The publication by the Charity Commission on its website of the results of an inquiry it had carried out under s.8 of the Charities Act 1993 into a charity was published on an occasion of traditional qualified privilege and there was no need to consider Reynolds privilege.
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