Where it had been concluded that an offender's matrimonial home represented the proceeds of crime, any money raised by way of mortgage against the property must itself be the proceeds of crime. The mere fact that there was legitimate and bona fide documentation backing the mortgage did not mean that the sum borrowed was any less the proceeds of crime.
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Claims in election leaflet neither false nor malicious: A Conservative Party candidate’s claim for malicious falsehood against a Liberal Democrat rival failed as the words complained of, which formed part of an election leaflet, were not substantially inaccurate and the Liberal Democrat candidate had not been malicious. Further, although the words could be said to have been calculated to cause the Claimant financial loss, the Claimant had failed to establish that they had in fact caused such los ...
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A mother's appeal against a residence order made in favour of paternal grandparents in relation to an 8 year old child who had resided with the mother since the separation of his parents was allowed. The CA holding that, nter alia, the judge had not grappled with the fundamental principle that a child has a right to be brought up by a natural parent unless their welfare positively demands an alternative. In a fraught case with a history of extreme hostility between the parents the CA quoted Phi ...
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Judge Could Not Unilaterally Order Defendant to Make a Payment In: The Court of Appeal held that, although delays complying with court orders could not be tolerated, a judge had acted in excess of his case management powers by ordering, of his own motion, that a defendant pay a large sum of money into court on the basis that he had failed to respond timeously to earlier court directions. The Defendant submitted that it would have such difficulty in raising the requisite sums that the judge’s imp ...
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In a claim against insurance brokers for negligence and breach of contract for failing to obtain the policy it was supposed to, one of the insurance brokers’ defences was that the client had suffered no loss because the policy obtained could be rectified. Another defence was based on the construction of the policy. The insurance brokers sought to join the excess layer underwriters to the claim. Underwriters opposed their joinder on the basis that the claims were so weak that in the terms of CPR ...
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The claimant owned property which was damaged by an explosion caused by a gas leak. The leak was from a gas booster manufactured by the defendant. The defendant had been notified of three previous incidents in other premises involving boosters of the same design where the casing had cracked. After the third incident the defendant issued new product information notices advising regular inspection to ensure that the bearings supporting the shaft in the booster were in good condition. However, ...
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The trial judge had been correct to conclude that a common intention constructive trust had been created with a husband a wife owning a property in equal shares. This was notwithstanding the fact that as a result of the husband’s innocent misrepresentation the couple entered into an agreement surrendering the wife’s sole beneficial interest.
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T was a Czech national who had been resident in the United Kingdom for some time. He had been served with a notice of prosecution when he left the Czech Republic. His extradition was sought pursuant in relation to an allegation of swindling. The arrest warrant was vague. Further requests for information were sent to the Czech prosecuting authority and answers were given in a document signed by a Czech judge. T submitted he was wanted for questioning, not prosecution. HELD: The Czech judge's answ ...
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Costs Judge Gave Inadequate Reasons For Selecting 20% Margin Above Costs Estimate: Morgan J. held that a costs judge had given inadequate reasons for selecting a 20% margin over a costs estimate as the limit on the costs recoverable in a situation where he had been required to determine upon detailed assessment the reliance that had been placed on that estimate. The costs judge had failed to address two relevant considerations: (i) what level of costs would have caused the client to change solic ...
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The solicitors advice as to the prospects of success on the construction of the territorial extent of a non-compete clause was while more optimistic than some more cautious solicitors might have given, within the range of opinions that could properly be given. There was no breach of duty in not advising explicitly that arbitrators might not agree with that construction. Similarly the advice as to the appropriate level of compensation under the agreement and that the initial offer did not reflect ...
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