D was sentenced to an IPP with a tariff period of 1 year 295 days. At the time of his parole hearing he had not been provided with an opportunity to complete relevant courses so as to be able to demonstrate that he did not pose a risk to the public. It was argued that despite the fact he could not satisfy the test for statutory release, his continued detention was unlawful. Held: The court would issue a declaration that D was unlawfully imprisoned. That declaration would be stayed pending an app ...
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D was sentenced to an IPP with a tariff period of 1 year 295 days. At the time of his parole hearing he had not been provided with an opportunity to complete relevant courses so as to be able to demonstrate that he did not pose a risk to the public. It was argued that despite the fact he could not satisfy the test for statutory release, his continued detention was unlawful. Held: The court would issue a declaration that D was unlawfully imprisoned. That declaration would be stayed pending an app ...
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Unsigned Conditional Fee Agreement Unenforceable. Cardiff County Court held that a conditional fee agreement between a client and her solicitors because the solicitors had failed to sign it. Therefore, no costs referable to it were recoverable from the other party. A solicitor’s signature on a CFA was important, and not a mere trivial formality. The signature provided the client with protection against the possibility that an unscrupulous solicitor might seek to enforce his right to be paid rea ...
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The Commissioner of Police could delegate his powers in relation to the authorisation of demonstrations in the vicinity of Parliament. However in this case the conditions lacked clarity and were therefore unlawful.
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The Commissioner of Police could delegate his powers in relation to the authorisation of demonstrations in the vicinity of Parliament. However in this case the conditions lacked clarity and were therefore unlawful.
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Abuse of Civil Proceedings not a Cause of Action in itself. On the slightly unusual facts of the case, the Claimant, a litigant-in-person, brought a claim against the Defendant alleging breach of lease, harassment, libel and defamation and abuse of procedure. Tugendhat J. held that the claims for breach of lease and libel were stature barred. Abuse of civil proceedings was not a cause of action known to the law. The Court had power to reflect any abuse of civil proceedings in its determination ...
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A transfer of a property by a husband to his wife in matrimonial ancillary relief proceedings prior to the husband’s declaration of bankruptcy amounted to a transaction at an undervalue under the Insolvency Act 1986 s.339.
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An insurer owed no duty to a third party who was liable for replacement car hire costs, while vehicle repairs were carried out for the insurer's client, to process the insured's claim timely or to ensure that a garage carried out the repairs within a reasonable time.
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The court was required to determine costs in circumstances where the claimant had been granted a final injunction for minor copyright infringement through breach of the contractual terms of a limited software licence, but by the time proceedings had commenced the defendant had ceased all infringing use of the software, and so the judgment had been of no substantive commercial value. It was held that because there had been no clear successful party the general rule that costs follow the event w ...
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The Appellant appealed the decision that he was an assured shorthold tenant rather than an assured tenant. The Appellant had been given a rent book with the words "assured tenancy" on the cover. The Court of Appeal held that the use of the words on the cover of the rent book did not amount to a notice within paragraphs 1 or 2 of Schedule 2A, Housing Act 1988 and the tenancy was an assured shorthold tenancy.
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