Civil Evidence – Decision not to issue letter of request: A decision not to order the issue of a letter of request under CPR r.34.13 was fundamentally flawed because without the letter of request the claimant would be denied the opportunity of relying on crucial evidence and would be denied justice.
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Power to order adjournment, remission or quash decision and remit matter where inadequate reasons for tribunal’s decision: Where a tribunal failed to give adequate reasons for its decision to find that a councillor had breached local government codes of conduct, the appellate court had jurisdiction to either order an adjournment, followed by remission to the tribunal, or to quash the decision and then remit the matter.
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Interim Injunction for Nuisance: The claimant company had a reasonably good prospect of establishing at trial that the defendants' use of a highway had been unreasonable and an interim injunction was granted.
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Limitation Act 1980, Ss. 11 & 14: The court held that the claim form had been issued within three years of the claimant's date of knowledge for the purposes of Ss. 11 and 14 of the Limitation Act 1980, where the claimant had been misinformed at the date of his accident, without any fault on his part, about the identity of his employer and had only discovered it later.
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Amending Particulars of Claim: The Claimant was permitted to make amendments to the particulars of claim where the amendments did not add new causes of action, but were founded on the same legal and factual basis as the existing claim and the amendments raised matters which were arguable at trial.
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Interim relief: The claimant was held entitled to the continuation of interim relief until trial, subject to fortifying her cross-undertaking in damages.
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Amending Particulars of Claim: The claimant was permitted to amend its particulars of claim where the company's claim for recovery of money had and received, as formulated in the proposed amended particulars of claim, was sufficiently clear to enable the defendants to understand the nature of the case and plead to it.
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Mental Health Act 1983, s.139(2) – Requirement to obtain leave to commence proceedings: Failure to obtain the leave of the High Court under s. 139(2) of the Mental Health Act 1983 before commencing civil proceedings was held to have rendered those proceedings a nullity.
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Admission of late evidence: Where the appellants had sought to adduce late evidence in the form of a witness statement in support of their defence to the claim, the court held that the evidence could be adduced, as it had not raised any new issues and the trial judge was entitled to have all the evidence available on the issue in dispute.
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This petition has been raised by Narden Services Limited for rectification of the register of members of Inverness Retail and Business Park Limited. The case considers confidentiality based on legal professional privilege which is a fundamental human right and the subordinate rules of court.
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