Under the construction adjudication rules, adjudicators are able only to consider "a dispute" (unless the parties agree otherwise). Whitney Town Council sought a declaration disputing the jurisdiction of an adjudicator who, it said, had decided a number of disputes in one adjudication. The adjudication arose when Beam submitted its final account, and was denied access to the site by Witney. Beam commenced an adjudication alleging that Witney had committed a fundamental breach of contract and the ...
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The TCC considered whether an insurance company was liable to an employer in a construction project to renovate the Hackney Empire under a bond securing the performance of the obligations of the contractor. The claimant had made a payment under a side agreement of sums in respect of potential claims which the contractor had. The contractor failed to substantiate its claims, and went into administration. The claimant sought to recover the money paid under the side agreement under the bond. The in ...
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The National Trust had the benefit of restrictive covenants preventing development on the Applicant's land. The application was to modify the covenants under s.84(aa) and (c) of the Law of Property Act 1925. Similar applications were refused in 1979 and 1991 so the National Trust sought to have the fresh application struck out as an abuse of process.The Tribunal refused a strike out on two grounds. Firstly that the locality, setting, housing demand and planning policy had changed since the previ ...
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SL appealed as to the proper interpretation and scope of s.21(1)(a) National Assistance Act 1948 (1948 Act), and submitted that WCC owed him a duty to provide residential accommodation. WCC claimed that the assistance provided could not properly be described as care and attention within the 1948 Act, and that the care was otherwise available than through the provision of accommodation SL had claimed asylum based on his fear of persecution in Iran on account of his homosexuality. In 2009, upon le ...
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The Appellant ("W") was the freehold owner and occupier of land registered under two separate titles; one of which included a house. W entered into an agreement with the Respondent ("K") whereby she agreed to sell him both registered titles below market value. A condition of sale was that W would live in the house for as long as she wanted and K provided an assurance to that effect. The arrangement was not recorded in the sale agreement. K subsequently defaulted on the mortgage and receivers wer ...
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Swift J awarded the claimant general damages for pain, suffering and loss of amenity in the sum of £235,000 in respect of personal injuries sustained as a result of the defendant's negligent management of his mother's labour and his subsequent birth. In particular, the claimant had sustained very severe brain damage which had a consequential profound effect on his everyday life. However, as the claimant lacked any significant degree of insight into his condition, Swift J held that his injuries w ...
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David Pittaway QC, sitting as a Deputy Judge of the High Court, dismissed the claimant's claim for damages under the Animal's Act 1971 in respect of serious head injuries sustained by her when she was thrown from a trap that was being pulled by the defendant's horse. For reasons unknown, the horse had become startled by an unknown stimulus. Mr. Pittaway QC held that the predisposition of a horse to react to an unknown stimulus by running away was a characteristic of an animal and as it was a nor ...
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Thirlwall J held that the defendant householder was not liable in common law negligence or under section 2 of the Occupiers' Liability Act 1957 in respect of personal injuries sustained by the adult claimant (aged 18) who had dived into his private swimming pool and was thereby rendered tetraplegic. Thirlwall J held that the swimming pool had been competently and properly designed and built and was well maintained and accordingly the risk that arose from diving into the swimming pool was caused ...
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Boots' application to transfer trade mark infringement proceedings from the Patents County Court to the High Court was granted. The claimants were a group of companies one of which ran Superdrug in the UK. The Community trade mark in suit SOLAIT was used for sun screen and related products at substantial levels in several European countries, and B's SOLEI product was on the market in a number of different European countries. Factors pointing in favour of transfer included the substantial size of ...
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R obtained a declaration of non-infringement of A's European patent relating to a drug used to treat gastric acid-related disease. Claim 1 of the patent was in Swiss form and was directed to the use of magnesium esomeprazole with an optical purity of greater than 99.8% for the manufacture of a medicament for the inhibition of gastric acid secretion. The manufacture of R's product began with the compound at the specified level of optical purity but the finished product no longer contained esomepr ...
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