This case concerned pipelines drilled into an oil and gas reserve under property belonging to the claimant company (which was owned by Mohammed Al Fayed). The defendant had been granted a petroleum production licence under the Petroleum (Production) Act 1934. This permitted the defendant to drill down and extract the petroleum. The pipelines crossed the boundary of the claimant’s property at around 800 feet below the surface and terminated at between 2,300 and 2,800 feet. The Court held that the ...
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The appellant tenant successfully appealed a possession order made in relation to a protected tenancy as the trial judge had misdirected himself as to the correct approach on the issue of reasonableness which required the judge to consider the effect on both parties if an order was made and also if it was not made.
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A sentence of 21 months' imprisonment imposed on an offender for causing death by dangerous driving was arguably unduly lenient but was not altered, as although she had been using her mobile phone to call, send, receive and read text messages during her journey she had not used her phone at the time of the collision or immediately before it.
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The court had to determine whether the owner of a barge which had been moored to mooring rings on the tidal part of the River Thames, had acquired title by way of adverse possession to the river bed for the footprint of the barge. In this case the title had not been registered and the vessel rested on the bed at low tide. It was held that adverse possession did not require physical contact with the river bed at all times It was not required that a squatter has to build on the land and in this ca ...
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Expenses in respect of professional services incurred after the date of a representation order were in principle capable of being "out-of-pocket expenses" and therefore recoverable out of central funds under a defendant's costs order. The court gave guidance as to the circumstances a determining officer should consider in determining whether to reimburse a defendant for such expenses.
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When considering whether a company facing a wind-up petition had a genuine and serious cross-claim against the petitioning creditor the Judge had not erred in law by requiring that the company should have previously asserted, litigated or issued proceedings for the cross-claim, but he had quite legitimately taken into account as a relevant circumstance the fact that the company had not done so.
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Leading and junior Counsel successfully challenged a first instance finding that that they should have advised as to the potential expiry of a limitation period because although the lower court had identified the correct legal test in its application the judge had instead applied his own view as to what the solicitor should have done rather than determining what any reasonably competent solicitor would have done. On analysis a reasonably competent solicitor would not have considered it necessar ...
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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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