The court exercised its discretion and declined to make a civil restraint order in respect of litigant who had repeatedly issued claims without merit because, in the circumstances, the point at which it would be right to make the order had not been reached.
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Preliminary Proof - Timebar
This was a preliminary proof on time-bar, under sections 17 and 19A of the Prescription and Limitation (Scotland) Act 1973. The pursuer was placed in Smyllum Orphanage, in Smyllum Park, Lanark, run by the second defenders. She was resident there between June 1966 and December 1970 (according to her case on Record, or between 1965 and 1969 (as the pursuer insisted in evidence). In this action she complained that whilst at the orphanage she was subjected to systematic and regular abuse. The pursue ...
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Suspended order for committal. A suspended order for committal for contempt of court was properly made and was not open to challenge.
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CPR r.6.9 – Power to dispense with service of claim form. In the circumstances the exercise of the power to dispense with service of the claim form under CPR r.6.9 had not achieved its intended effect of giving English proceedings priority over Swiss proceedings under the Lugano Convention Art.21, and even if it had been effective it would have been inappropriate to have used the power for that purpose.
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Summary judgment for recovery order under Proceeds of Crime Act 2002. Where at a summary judgment stage it was not possible to say that a defendant was bound to be disbelieved on his contention that the source of his money was loans from friends and not unlawful conduct, there was clearly a triable issue and the Director of the Assets Recovery Agency should not have been granted summary judgment on her claim for a recovery order under the Proceeds of Crime Act 2002 s.243.
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Jurisdiction issues. A French company had failed to show that there was a good arguable case that the English court had jurisdiction under the Geneva Convention on the Contract for the International Carriage of Goods by Road (CMR) Art.31 or under the Brussels Convention 1968 Art.2 or Art.5(1) to deal with proceedings brought in respect of the theft of a consignment of mobile phones.
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Service out of the jurisdiction. It should not be open to a party seeking to justify service out of the jurisdiction in contravention of a foreign jurisdiction clause to rely as grounds for strong cause or reasons the risk of inconsistent decisions of different courts when he ought to have appreciated the existence of that risk at the time when he entered into the exclusive jurisdiction clause.
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Arbitration. An arbitrator's conduct in contacting witnesses directly but failing to inform the parties to the arbitration that he had done so and failing to keep or disclose a record of what they said constituted a failure to properly conduct the proceedings. In the circumstances that failure caused substantial injustice.
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Professional negligence claim – Law Society cause of action. The Law Society's cause of action in negligence against accountants in respect of negligent reports on a solicitor's practice accrued when it first received a claim on the Solicitors' Compensation Fund from a client whose money was misappropriated by the solicitor, because until such a claim was actually made no loss or damage had been sustained by the fund.
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This case was an action for payment relating to a firm of solicitors seeking payment of professional fees due in respect of professional services that they carried out for the defenders who formerly carried on business as contractors. The court here had a hearing on Notes of Objections relating to the taxation of three accounts of expenses following the action.
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