Collision action limitation periods & counterclaimsL’s ship collided with G’s in the Suez Canel, whereupon G’s sank. Both parties wished to make claims against each other. The limitation period for such a claim is provided as being 2 years by section 190(3) of the Merchant Shipping Act 1995. Following a mutually agreed extension of time, G issued proceedings. L in turn issued a counterclaim, but G took the point that L’s counterclaim was out of time.The court found that the limitation period in ...
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Extension of time for service of a claim formIn the usual way H had 6 months to serve a claim form out of the jurisdiction on B. 1 week before the end of this period, H applied ex parte for an extension of time which was granted. H then duly served the claim form on B. B applied to set aside the order extending time, an application which would have significant ramifications for H given that limitation had expired.B succeeded on its application. The core factor influencing the Court’s decision wa ...
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Despite a clear judgment of the Divisional Court dismissing the claim on the merits ([2008] Mental Health Law Reports 150), the Court of Appeal was persuaded to reconsider the question of whether it was a breach of Arts 8 and/or 14 of the ECHR to ban smoking in a secure hospital setting.Under the Health Act 2006, all enclosed public premises in England have to be free of cigarette smoke unless exemptions are granted by regulation. The Smoke-free (Exemption & Vehicles) Regulations 2007 (SI 2007/7 ...
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Service by fax on a Defendant’s solicitors was ineffective service unless the Claimant had been told that the solicitors were authorised to accept service under CPR 6.7. The mere mention of a fax number in solicitors’ letterhead was not sufficient.
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Where a party required further investigations to determine whether or not a claim for professional negligence could be properly particularised and the solicitors for the Claimants had acted responsibly in their investigations then it was appropriate to extend the time for service of the claim form even though in the intervening period some of the causes of action might have become statute barred.
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Where a Claimant knows that his cause of action is vested in a third party then his issue of a claim is an abuse of process even where he hopes and expects to obtain a valid assignment of the cause of action and the purpose of issue was to avoid the cause of action becoming statute barred.
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In October 2007, Mr Varley, a registered osteopath, was convicted and sentenced in respect of an offence of incitement to supply a Class B drug. The facts supporting the conviction were that the Mr Varley had incited his osteopathy patients to join him in creating amphetamine for sale as slimming pills to members of the public. In January 2008, the Professional Conduct Committee (PCC) suspended him from the Register of Osteopaths (the Register) for a period of six months. In February 2008, Mr Va ...
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Parties to ancillary relief proceedings were not entitled to invoke the privilege against self-incrimination in order to withhold the disclosure of financial information and such information was to be treated as being obtained under compulsion and would be inadmissible as evidence for the purpose of other proceedings, but statements made in "without prejudice" discussions were admissible in subsequent criminal proceedings.
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The appropriate remedy for abuse of confiscation proceedings would normally be a stay of proceedings, but an abuse of process argument could not be founded on the basis that the consequences of the proper application of the legislative structure could produce an "oppressive" result.
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Police’s Failure to Use Siren had Contributed to Accident: The Court of Appeal held that a police force were 40% responsible for an accident in which a police car had collided with another car at a junction. The police officer’s failure to use a siren had affected the speed at which it was safe for his police car to travel and had exacerbated the danger that there might be another car about to enter the junction. Although the judge had been correct to find that the driver should have looked agai ...
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