Staged premium - ATE: In the circumstances of the case, a staged premium in the sum of £1,890 paid in connection with after-the-event insurance obtained in relation to a fast track road traffic accident personal injury case was held to be reasonable, proportionate and recoverable.
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Expert evidence – GMC proceedings: Fairness required that those who advise a tribunal on issues of fact, whether as experts or assessors, should do so openly, in the presence of the parties and in circumstances in which the parties have an opportunity to make submissions on that advice before the tribunal makes its decision.
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Recall of Sist:
The Pursuers are seeking to recall a sist on a cause which has been sisted since 1988. The defenders are opposing the motion and have lodged their own decree of absolvitor. The defender submit that the court ought to grant decree of absolvitor as a result of the inordinate delay the prejudice to the Defenders which the delay has caused and the substantial risk to a fair consideration of the issues of fact in the case which such delay has caused. The Defenders also submit that the allowance of fu ...
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Defective claim form – detailed assessment of costs: Although a claim form seeking the detailed assessment of bills of costs issued by a solicitor had contained defects, the claim form as served had been sufficient to commence the proceedings, since its effect had been to convey to the solicitor the message that the client had wanted the bills to be assessed within the statutory period. Accordingly, the costs judge had erred in refusing to make an order for detailed assessment of the bills on th ...
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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.
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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.
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’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 ...
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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.
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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.
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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.
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