CPR r.69.7(2) – Remuneration of Receiver: It was held that CPR r.69.7(2) is confined to remuneration of a receiver, and the language of that rule cannot be expanded to include expenses of the receiver. In this case, the judge exercised his discretion under the rule and ordered Customs to pay remuneration of a receiver appointed under s.77(8) of the Criminal Justice Act 1988.
|
Specifying agreement in writing not precluding prior informal agreement on same terms: The mere fact that two parties proposed in a letter that their agreement should be contained in a formal contract to be drawn and signed in the future did not preclude the conclusion that they had already informally contractually committed themselves on exactly the same terms.
|
’Leapfrog’ appeals procedure: The House of Lords’ refusal to entertain an appeal on a particular issue from the High Court under the ‘leapfrog’ procedure, pursuant to s.12 of the Administration of Justice Act 1969, did not preclude the appellant from appealing to the Court of Appeal on that particular issue, where the High Court judge had granted the appellant contingent permission to appeal to the Court of Appeal in relation to that issue. The 1969 Act should be construed so as to allow for the ...
|
Supply of Machinery (Safety) Regs 1992 & Health & Safety at Work etc Act 1974 – not purpose to confer civil right of action: It could not be inferred from the terms of the Supply of Machinery (Safety) Regulations 1992 and the scheme of the Health and Safety at Work etc Act 1974 that one of the purposes of the Regulations was to confer a right of civil action. If it had been intended to confer such a right, the Regulations would have clearly declared that they were being made under the 1974 Act.
|
Judicature (Civil Procedure Code) Law (Jamacia): The Supreme Court of Jamaica was not deprived of jurisdiction to set aside a judgment in default of defence under s.258 of the Judicature (Civil Procedure Code) Law (Jamaica), even though damages had been subsequently assessed and a final judgment had been entered. Further, it was held that where an order to set aside a default judgment had been made without jurisdiction, a judge of a co-ordinate jurisdiction had no power to set it aside.
|
Appeal of decision to adjourn appeal hearing: It was held that there was no basis on which an appeal could possibly succeed against a judge's order adjourning an appeal for a limited period to enable the appellant to be heard, but refusing an adjournment for a substantial period on medical grounds.
|
Offer to settle money claim: An offer to settle a money claim should usually be treated as having the same effect as a payment into court, provided the offer is expressed in clear terms, stated to be open for acceptance for at least 21 days, where it is a genuine offer, where the Defendant is ‘good for the money’ when the offer is made and provided the offer is otherwise in accordance with the substance of a ‘Calderbank’ offer.
|
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.
|
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.
|
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.
|
| 1 2 3 4 |