The Respondent sought an order that APSA be substituted as a defendant in place of APMSD in the proceedings against APMSD, relying on section 35(5)(b) and (6)(a) of the LA. These provisions allow a new party to be substituted for a party whose name was given in any claim made in the original action in mistake. APSA contended that, in so far as English law permitted such substitution after the expiry of the time-limit, it was inconsistent with Article 11. The High Court made a preliminary referen ...
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Reclaiming Motion:- In the action the petitioners sought a recovery order under the Proceeds of Crime Act 2002. The first respondent was Lee Smith and the second respondent was his wife. In August 2006 the first respondent died and the second respondent opposed the petition for recovery as a party litigant. The petitioners sought recovery of four properties in Glasgow, including the former matrimonial home, the contents of three bank accounts held by the interim administrator and an insurance po ...
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Procedure Roll:- In this action the pursuer sought declarator that a lease between the parties, relating to subjects in Crieff, was validly terminated by the pursuer on 22 January 2009 and for an order ordaining the defenders to remove. It was the pursuers case that the defender had not adequately maintained the subjects in accordance with its obligations under the lease and on 23 November 2007 they served a notice on the defenders enclosing an interim schedule of dilapidations and calling for t ...
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Crown Appeal Against Sentence:- On 29 May 2008 the first respondent, a building contractor, was constructing houses in Dundee when one of its employees, Andrezej Freitag, fell from the third to the second storey of a block under construction and sustained injuries from which he died. The first respondent was indicted to Dundee Sheriff Court and pled to contravention of sections 2(1) and 33(1)(a) of the Health and Safety at Work etc. Act 1974 namely that they failed to ensure the health, saf ...
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The underlying private law action brought by the six claimants in this case is for damages for improper detention and mistreatment as part of the “war on terror”, phrased in conventional torts such as false imprisonment, trespass to the person and misfeasance in public office, and public law breaches such as breach of the Human Rights Act 1998 on the basis that the treatment was torture or inhuman or degrading treatment. They had been held at Guantanamo Bay. Various government departments were s ...
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In a claim relating to pension switching advice the Court of Appeal considered how s. 32 (1) (b) of the Limitation Act 1980 applied where there were multiple losses arising from a single unlawful act and one of those losses was deliberately concealed. On the facts, the Court held that the claimants’ suffered both a concealed loss and another unconcealed loss at the same time and thus the cause of action could be completed by reference to the unconcealed loss. Lord Justice Rix went on to consider ...
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A claims management company passed its cases to Consumer Credit Litigation Solicitors, the trading name for a sole solicitor’s practice. Those claims were brought against a large number of finance companies and high street banks. Costs orders were made against the Claimants in a large number of claims. The consequence was that a large number of Claimants sought to discontinue their proceedings, but attempted to recover some or all of their costs from the Defendant banks. Those applications were ...
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Where a client is given positive legal advice as to the prospects of his claim it would be expected that the client relied on that advice in continuing his claim and the evidential burden of disproving a causative effect should shift to the law firm to disprove it. The advice given by the law firm was overly optimistic on facts of the case particularly in the context of an arbitration and the difficulty of challenging a decision of arbitrators on the construction of a clause by way of appeal. Ac ...
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The Defendant law firm had provided the family business with corporate advice for many years. The business needed to raise capital. One of the main shareholders was very unwell and thus consideration was given as to how a capital raising process might be of benefit to that shareholder’s estate for inheritance tax purposes. It was believed that business property relief would attract to shares held in the business and thus reduce the potential inheritance tax liability that would arise on the equi ...
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An insurance broker was under a duty to satisfy itself that its client understood the obligation of disclosure to insurers. That would usually require a specific oral or written exchange on the subject at the time of placement and again on any subsequent renewal, particularly if the client representative changed. In the absence of such an exchange the insurance broker’s duty to elicit material information for disclosure had to be performed more rigorously. However the claim failed on causation: ...
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