The pursuers and defenders had entered into a services agreement for the distribution of cash processing services, under the terms and conditions set out in the agreement. The agreement has not been terminated and is due to expire in 2014. "Service fees” as defined in the agreement, were fixed until August 2002, the seventh anniversary of execution. There was a provision in the agreement obliging the defenders to undertake a review of the service fees after the seventh anniversary, wi ...
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This appeal by the Law Society of Scotland under section 21 of the Legal Profession and Legal Aid (Scotland) Act 2007 against a decision by the Scottish Legal Complaints Commission, concerned whether a complaint made against Mr Alastair Dean, solicitor, of the Alastair Dean Law Practice Ltd was “totally without merit”, within the meaning of section 2(4)(a) of the 2007 Act. The appellants contended the respondent should have rejected the complaint, and should not have remitted the com ...
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Petition for winding-up:- A director of UK Bankruptcy (UK) Ltd, a company subject to winding-up proceedings, lodged answers in defence of the petition, in order to forestall disqualification proceedings against him under the Company Directors Disqualification Act 1986. In 2009, the director sought to represent the company in the winding-up process, and a hearing took place on whether he was entitled to do so. At that hearing, the Lord Ordinary considered that on the present law, the director ha ...
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In this action, the pursuers sued the defender for damages for alleged breach of conduct. The pursuers were a firm of independent financial advisors, and the defender is an independent financial advisor who was previously an authorised representative of the pursuers, offering advice and selling financial products to their clients. Acting in that capacity in 2000, the defender provided advice to clients of the firm, who subsequently invested funds in an investment vehicle, which was recommended b ...
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The Appellant was successful in appealing against the decision that he had no interest in a Polish property and that an English property should be sold and proceeds paid to both parties in equal shares. The Judge had failed to make adequate findings about payments made in relation to the Polish property and the matter was remitted for rehearing as to the impact of payments made in relation to the claim as to beneficial interest in the Polish property.
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The Appellant business tenant unsuccessfully appealed against the dismissal of its application for summary judgment to dismiss the opposition of the Landlord of its application for new tenancy. The date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord’s ground of objection. At any summary judgment the question was, looking forward, whether the landlord could show a real prospect of being able to establish the ne ...
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The appellant applied for a position as a consultant orthopaedic and trauma surgeon at the Southend University Hospital NHS Trust. He had stated in his written application and his curriculum vitae that he had an interest in lower limb surgery and had 'a broad surgical ability in lower limb arthoplasty and revision arthoplasty and ... hip resurfacing'. The appellant was interviewed and subsequently offered the post, which he took up on 23 December 2002. He soon expressed an interest in undertakin ...
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HH Judge David Cooke (sitting as a judge of the High Court) dismissed the claimant’s professional negligence claim against the defendant firm of solicitors arising out of a loan document and consequent legal charge secured against her house and in respect of which her signature had been forged onto the documents by her son. It was alleged by the claimant that she had not been by advised by the solicitors as to the consequences of entering into a loan and legal charge agreement, notwithstanding t ...
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Damages Claim In Respect of Alleged Historic Sexual Abuse By Former Teacher Allowed Outside Of Limitation Period
The Court of Appeal dismissed the appeal of the appellant school governors against a decision that it was just and equitable to exercise the discretion pursuant to s. 33 of the Limitation Act 1980 so as to disapply the primary limitation period, in respect of a damages claim brought by the respondent in relation to alleged historic sexual abuse by a former teacher. The Court of Appeal held that the order in which the judge had approached the issues of limitation and liability did not in any way ...
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Local Authority Not Negligent In Failing To Make CICB Application On Child’s Behalf
Mackay J held that a local authority had not been negligent in failing on behalf of a child, subject to an interim care order, to make an application for compensation to the Criminal Injuries Compensation Board before April 1996 in respect of serious injuries sustained as a result of being violently shaken by her father. Mackay J held that it would not be fair, just or reasonable to impose a duty of care on the local authority to promote and maximise the economic position of a child in circumsta ...
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