Limitation
A claim against solicitors and actuarial advisers in respect of advice and documentation prepared for a pension scheme provided in the period 1992 to 1995 was commenced by a single claim form. Following issue of the claim form the solicitors agreed to a stay of the claim, but the actuarial advisers refused to agree a stay. The claimant served on the actuarial advisers only a claim form and particulars of claim setting out the claim as against them. Later, and after the 15 year long stop for s. 1 ...
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Ex turpi causa
A claim against an insolvency practitioner for allegedly failing to advise as to the possible criminal consequences of operating the same business under a new name under s. 216 of the Insolvency Act 1986 was not wholly subject to the ex turpi causa doctrine. The rule in Gray v Thames Trains that damages following a conviction are irrecoverable because they are caused by the sentence is limited only to the damages caused by the sentence rather than the conviction generally. The issue of whether o ...
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In assessing damages for a loss of business tenancy arising out of their solicitors’ negligence the relevant amount was based on the market value of the fixed assets and immediate consequential losses. These did not extend to possible profits the business might have produced if the tenancy had been retained nor losses from another business operated at the premises.
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A claim against insurance brokers for an alleged failure to notify insurers of the need to suspend a condition on a jewellery clause was dismissed because the letter of instruction was never sent and the documents produced to the court had been fabricated.
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Lawyers liability
The Claimant’s claim that he was advised to settle claims for possession and a sum due under a guarantee at an under-value were summarily dismissed because the advice given on the prospects of a central plank to his defence was correct and the silk had recognised the merits of the other arguments in advising properly. The allegation that the advice changed significantly was not borne out by the attendance notes. The allegation that the Claimant was faced with an ultimatum to accept a settlement ...
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Open and Closed Judgments, Public Interest Immunity and Redacted Court Judgments
The background to this claim is the detention of the applicant, who had been a UK resident, on terrorism charges in the US, potentially capital in nature; he was at Guantanamo Bay, Cuba, but had spent time in various locations, during which time he had apparently made confessions. In the course of proceedings on the criminal charges he sought to withdraw the confessions on the basis that they were induced by torture. He alleged that his detention had been facilitated by the UK’s security service ...
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Police Officer Negligently Drove Police Car Too Close To Motorcycle To Allow Motorcyclist To Safely Dismount
The Court of Appeal held that whilst it was reasonable for a police officer to use a police vehicle as a means of hindering a suspect’s escape, such vehicle should not be used in a manner or to an extent which would create a risk as to the suspect’s safety. The instant case was not one which could justify taking a risk of injuring the suspect. In circumstances where it was reasonably foreseeable that the suspect motorcyclist would dismount his motorcycle, the Court of Appeal held that the police ...
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Redacted paragraphs in terror suspect judgment publishedAn appeal against the redaction of paragraphs in a judgment that contained a summary of reports relating to the treatment of a detained suspected terrorist made by the US government to the UK government succeeded as there was a clear public interest in publication of the paragraphs; they did not reveal information of interest to terrorists or otherwise contrary to national security; and the information they contained was essentially already ...
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Injunction restraining publication not continued where no threat to publish and failure to follow correct procedures in applicationAn injunction prohibiting publication of information relating to a Serious Case Review of very violent offences committed by two eleven year old boys was not continued as the applicant had failed to properly identify the specific private and/or confidential information or show that there was any threat to publish that information. Further there had been “lamentable o ...
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Injunction restraining publication not continued where only limited threat to publish and claim unlikely to succeedAn injunction was not continued where there was a threat to publish only one of four categories of information the publication of which was sought to be restrained (the fact of a relationship). In relation to that category of information, there was no evidence of a breach of confidence; the applicant had spoken to the press on the subject; there might be a defence of publication bei ...
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