Upon the trial of a preliminary issue of fact in a clinical negligence action, Mackay J was required to make preliminary factual findings as to what had occurred during a consultation by the claimant patient with the defendant general practitioner about a growth in his groin, which subsequently transpired to be a malignant melanoma. In determining the preliminary issue of fact, Mackay J found that it was more likely than not the case that the defendant asked the claimant why he was concerned a ...
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The appellant insurer appealed against a decision that it was liable on an insurance policy in respect of a floating dock which was lost in the course of a voyage from Vladivostock to Vung Tau in Vietnam.The towage plan for the voyage permitted towage in conditions up to sea force 5 with a maximum wave height of 3.5m. Pontoons were affixed to the dock for the voyage.On the voyage the dock was caught by a tropical storm with waves up to 10 meters which unexpectedly changed direction. One of the p ...
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In this case, the appellant was assessed as having a community care need to be assisted to the commode during the night: she had suffered a stroke and so needed assistance with mobility, and had a small bladded which meant that she needed to urinate frequently. The local authority decided that it would no longer pay for the carer at night since Ms McDonald could sleep with incontinence pads. The majority of the Supreme Court held that this was acceptable. It did not breach her rights under Art 8 ...
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In this case, a school teaching assistant aged 22 allegedly formed a relationship with a boy aged 15 doing work experience at the school. The parents of the boy complained: the police investigated but took no action, but the school held a disciplinary hearing and dismissed G on the basis of gross misconduct, and then referred the matter to the Secretary of State for consideration of whether to take action under legislation relating to the safeguarding of children. This might have meant that G wo ...
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The issue in this case started as one of whether the Upper Tribunal was immune from judicial review. The Upper Tribunal was established under the Tribunals, Courts and Enforcement Act 2007 to hear appeals on points of law from the various chambers of the First-tier Tribunal, with permission of the FTT or the UT; it may also review its own decisions. A further appeal is provided on points of law to the Court of Appeal, but not in relation to “an excluded decision”, which includes a decision on an ...
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The appeal concerned the prosecution of a landlord for offences under the Protection from Eviction Act 1977, section 1(3). There were numerous hostile acts against the two tenants of an HMO, including disconnecting services, family members moving into the property and various intimidating visits demanding the tenants leave the premises. None of the acts complained of were perpetrated directly by Mr Quereshi, but instead involved various family members.To convict Mr Quereshi, there had to be proo ...
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NYK Logistics (UK) Limited (NL), the appellant tenant sought to appeal against the decision of the court below that it had not terminated its lease in April 2009 by exercising a right under a break clause. Ibrend Estates BV (IE), the respondent landlord, argued that at the termination date in April 2009, NL had failed to deliver up “vacant possession” of the premises pursuant to NL’s obligations under the lease. NL had remained on the premises for a period of 6 days after the termination date to ...
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C sold to D1 (a housing association) their reversionary interest in a number of residential tenancies subject to the Rent Act 1977, those tenants (such as D2) now being tenants of D1. On the sale of the reversionary interest the tenants ceased to be regulated tenants under the Rent Act 1977; the question for the Court was what their present status was. C and D2 said they were secure tenants and also housing association tenants, D1 said assured tenants.The case turned on the proper construction o ...
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The proposition that a surveyor owed a duty of care to a mortgagor to prepare his or her valuation report with skill and care did not extend to a purchaser of a buy-to-let property.
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In a Part 8 Claim for professional negligence against a GP a Part 36 Offer was made and accepted following exchange of pre-action correspondence. The question arose as to whether CPR 36.10 applied to costs incurred pre-issue. By contrast to CPR 36.3, CPR 36.10 applied to pre-issue costs as much as to post-issue costs. Where the defendant had delayed for more than 11 months beyond the time for responding to the pre-action protocol letter and the case involved the need for consideration of causati ...
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