Pedestrian Knocked Over By Speeding Motorist Under The Influence Of Alcohol Guilty Of Contributory Negligence To The Extent of 10%:-The claimant pedestrian claimed damages for personal injury and loss arising out of a road traffic accident in which he had been knocked down by a speeding motorist under the influence of alcohol in the early hours of the morning. The defendant motorist had previously pleaded guilty to a charge of dangerous driving. The issue for Parker J to determine was the extent ...
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A Motorist That Broke Sharply For No Good Reason 40% Responsible For Rear-End Collision That Ensued:-The Court of Appeal held that the trial judge had erred in dismissing the claimant's personal injury claim on grounds that the although the defendant had been driving too close behind the claimant's vehicle, the claimant was wholly responsible for braking for no good reason and thereby causing a rear-end collision. Upon appeal, the Court of Appeal held that the accident could have been avoided if ...
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The Court determined the question of whether for the purposes of English divorcer and connected proceedings a Talaq pronounced by the respondent Husband in Jeddah in Saudi Arabia and placed by Deed of confirmation before the Sharia Court is entitled to be afforded recognition in this jurisdiction. The court answered the question in the affirmative.
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The CA allowed the appeal of three children in respect of a order for their return under the provisions of the Hague Convention to Poland. The matter was remitted for re-hearing for the Judge in the light of the children's objections to return to exercise discretion as to whether this should nevertheless be ordered.
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The CA allowed a Father's appeal against the refusal the court below to order summary return of his child to Australia. The CA held that the court below had not directed itself correctly as to the impact of the Supreme COurt judgment in Re E.The CA criticised utilisation of paragraph 36 of Re E as directions in Hague Convention cases.
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In an important case in respect of family placements during the course of LA involvement the CA upheld the judgment of Black J that a child placed with her grandmother but with no public law order was a 'looked after child' and that therefore the grandmother was entitled to a fostering allowance from the relevant LA.
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The CA allowed an appeal in respect of nullity proceedings. A significant disputed element in the hearing below was a certificate which puported to be a Ugandan marriage certificate. The CA held that given that this was on the face of it authenticated by various Ugandan authorities it should have been presumed to be valid and the burden fall on the party seeking to show it was not valid. The matter was remitted for re-hearing as these issues had not been considered below.
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The Claimant was charged with an offence of battery and bailed to appear at the Epping Magistrates' Court on the 1st September 2010. On that date the Appellant entered a not guilty plea and the advocates completed a case progression form with a view to the future management of the case. Amongst the entries endorsed upon the form by the then Defence advocate was "assault on def by Complainant...only contact made was in self-defence" thereby informing the Court and the Prosecution that the Claiman ...
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The Appellant was on bail to attend the Crown Court for a plea and case management hearing on the 1st March 2011. On the 1st March 2011 the Appellant attended at the Crown Court and met his advocate. The advocate duly informed the usher that the Appellant was in attendance. The Appellant and his advocate then had a conference, which concluded at approximately 11.30 hours. When the case was mentioned in Court, at 12.45 hours, it was discovered that the Appellant had left the Court building. After ...
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On the 16th December 2010 the Appellant was made the subject of a suspended sentence order (the operational period of which was two years) for offences of dwelling-house burglary and criminal damage. On the 7th February 2011 the Appellant committed another offence of dwelling-house burglary. On the 13th May 2011 the Appellant appeared to be sentenced for the offence of dwelling-house burglary committed on the 7th February 2011 and for breach of the suspended sentence order. The Appellant was sen ...
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