Where a property had been let with a mixed residential and business use with the protection of the Landlord and Tenant Act 1954 it was not possible for tenant to gain the benefit of the protection of the Rent Act 1977 through unilaterally ceasing the business use at the property.
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The claimant C applied for judicial review of the General Commissioners decision to refuse permission to extend time for lodging an appeal out of time against an assessment of outstanding PAYE payments and national insurance contributions. The General Commissioners of Income Tax erred in law in applying a reasonable excuse test as to whether an applicant should be granted permission to lodge an appeal out of time instead of carrying out a balancing exercise having regard to the prejudice that wo ...
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Belching could amount to a special reason not to disqualify a person from driving.
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Clinical Negligence. In the last few minutes before the Claimant's birth by emergency Caesarean section he was subject to significant oxygen deprivation. Regular breathing was not established until 25 minutes after birth and the Claimant suffered irreversible brain damage. The Court found that the delivery of the Claimant should have been commenced earlier and that had this been the case he would not have suffered the consequences he did.
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Criminal
The Minuter in this case being Douglas Fleming. On 12 July 2005 he was served with an indictment at the instance of Her Majesty's Advocate charging him and his co-accused, James Cameron, with offences in relation to the importation and supply of controlled drugs. The Minuter had previously been indicted in respect of substantially the same charges but with a different co-accused, Finbar Brady. The Minuter and his then co-accused went to trial on that earlier indictment, before a jury, at Glasgow ...
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A winding-up petition was an action for the purposes of s.61 of the Solicitors Act 1974. The fact that an agreement between a firm of solicitors and their client was not referred to anywhere as a contentious business agreement was not determinative of the issue as to whether it was in fact such an agreement. If an agreement fulfilled the criteria for a contentious business agreement then it would be one, regardless of whether the parties referred to it as such.
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The appellant charterers appealed against a majority arbitration award holding that the damages payable by them to the respondent shipowners for late redelivery of a vessel under a time charterparty included the owners’ loss of profit on a subsequent fixture. The charter had been extended and towards the end of the time period the shipowners had fixed a new time charter to commence after redelivery. Notice of redelivery had been given for a period ending on 2 May 2004. The vessel was redelivered ...
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Clinical Negligence – Wrongful Birth. The claimant, a 40-year-old woman, received £1,200,000 for the wrongful birth of her daughter as a result of a hospital's failure to detect chromosomal abnormalities on an amniocentesis.
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Proceeds of Crime Act 2002
In the petition the allegation made against the respondents was that certain property held by them was recoverable property , and is accordingly recoverable by the petitioners. The petitioners' averments in support of that allegation were, however, the subject of detailed criticism by counsel for the third respondent; in particular he argued that the facts averred by the petitioners did not justify the inference that the property in question had been obtained through unlawful conduct ...
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Enforcement: Circular Transactions. Reinsurers and associated companies had entered into contracts whose primary purpose was to facilitate the movement of monies in order to obtain tax advantages for a client. Although the structure of the circular transactions was realistic the timing of the transactions was such that there was no real risk transfer. In another transaction reinsurers devised a treaty layer of cover where there was no prospect of any claims. As a result of the self-reporting, ...
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