Addition of parties under CPR Part 19. A company's application to be joined to an action as a Claimant after expiry of the limitation period was dismissed as there had not been a qualifying mistake within the meaning of CPR r.19.5(3)(a) and it was not the case that the whole claim could not be continued without the joinder for the purposes of the test of necessity in CPR r.19.5(3)(b).
|
Conflict of Law. A father's application to stay proceedings concerning his child, that had been brought by the child’s mother (in England) was stayed since those proceedings involved the same cause of action and the same parties as earlier proceedings that the father had issued in Italy. There was no aspect of the doctrine of forum conveniens upon which the court could properly rely.
|
The judge had erred in granting summary judgment in a claim for personal injuries as it was not possible to say that no duty of care was owed until the claim had been advanced and the evidence tested.
|
Proceedings in the high court, which raised the issue of whether a representative of the Citizens' Advice Bureau had had authority to settle an employment claim, and about which the employment tribunal had already made a finding, had not been an abuse of process because on the facts it would not be manifestly unfair to require the representative to defend the proceedings.
|
Appeal from Sheriff Court
During 1994 the respondent raised an action for damages against the appellants in respect of an operation carried out to her foot in 1988. The action went to proof before the sheriff at Airdrie in 2003. During the course of that proof the parties reached agreement that the damages payable to the respondent in the event that liability was established against the appellants should be £35,000, exclusive of interest, which was to run from the date of the sheriff's interlocutor following upon the pro ...
|
Action of Accounting - Debate
Here the pursuer was a partner in a firm of veterinary surgeons until 31 December 2005, when he resigned. He sought to have the defenders account to him for the sums due to him on his resignation, in accordance with the partnership agreement, by production of the firm accounts. The pursuers stated that since termination accounts had been produced, the pursuer should be allowed to lodge a note of objections to the accounts. The objections would relate, first, to the figure at which goodwill was s ...
|
In the exceptional circumstances a case tribunal of the Adjudication Panel for England had been entitled to determine a case, alleging breach by a former local authority councillor of a code of conduct, in the absence of that individual who had presented a medical certificate in support of his contention that he was unfit to attend the hearing.
|
An indication by an individual that he wished to have all future correspondence relating to a noise investigation by a local authority sent to a particular address did not mean that that address was a proper address for the service of a noise abatement notice pursuant to the Environmental Protection Act 1990 s.160, as a noise abatement notice was not a form of communication by letter and did not come within the meaning of the word correspondence.
|
Where a party made an application at a late stage for permission to withdraw an admission, there had to be plausible grounds for supposing that the admission made was false in fact. In the instant case, the evidence relied on by the claimant patentees did not throw doubt on the correctness of the admission that they had made.
|
Where an injunction that prevented the publication of documents and of the legal argument involved in relation to the "cash for honours" investigation had been varied by consent so that only the reporting of the legal argument was restricted the judge had erred in refusing to discharge the injunction in relation to that legal argument.
|
| 1 2 3 4 5 6 7 8 9 10 ... |