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Most recent case entries
Select Your Region: Scotland  England and Wales  UK  Northern Ireland  Europe  All
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By Law Brief Publishing on 20/10/2014 12:46 PM
The Claimant, a former Lance Corporal in the Royal Logistics Corps, sustained a non-freezing cold injury to his feet whilst on military exercise in February 2009. As a result of the injury, his feet were permanently sensitised to the effects of cold weather. His personal injury claim against the MOD included a substantial future loss of earnings' claim. The Defendant admitted liability on a 75:25 apportionment basis, and proceedings were heard before Andrew Edis QC (as he then was; now Edis J) s ...
By Law Brief Publishing on 17/10/2014 9:39 AM
Following a fire the Claimant wrote to insurers purporting to enclose a claim form, but none was enclosed. Six days later a sealed claim form was sent. All of insurers' business was transferred to another insurer by court order nine days later and on that day the Claimant sent the claim form with the particulars of claim to the transferee insurer by which time the service for the claim form had expired. That the transferee insurers had not received any details of the claim form was insufficient ...
By Law Brief Publishing on 17/10/2014 9:38 AM
The Court ordered the return of a 15 year old girl to her Mother's care in Mexico against her wishes on the basis that the child's desire to remain the the UK was due to her concerns about her education in Mexico and better arrangements for this had now been made by her Mother. There were concerns about the Father's ability to provide proper care for the child arising out of his response to the child witnessing domestic violence between the paternal uncle and aunt.
By Law Brief Publishing on 17/10/2014 9:37 AM
Failure to make allowances for completion of community requirements when re-sentencing. On the 3rd December 2013 at Bradford Crown Court, having earlier pleaded guilty, the Appellant was sentenced by His Honour Judge Thomas Queen's Counsel to four years' imprisonment for offences of supplying controlled drugs of Class A. There was no challenge to that sentence. However, a suspended sentence order (imposed for an offence of possession of a controlled drug of Class B with intent to supply) comp ...
By Law Brief Publishing on 16/10/2014 10:51 AM
Considering the relevance of the impact of a sentence of imprisonment upon others. With the leave of the single Judge the Appellant appealed against the sentence of 30 months' imprisonment imposed for an offence of being concerned in the supply of a controlled drug of Class A, namely cocaine. Central to the mitigation advanced on behalf of the Appellant was his caring responsibilities. The Appellant's partner (for whom he received a carer's allowance) had mental health issues and had been ...
By Law Brief Publishing on 15/10/2014 10:11 AM
patents, validity, partial validity, patent claims
Where P's patent relating to video game controllers had been found to be partially invalid, it was appropriate, exceptionally, to allow the patent to remain in a state of partial invalidity. The previous judgment (at [2014] EWHC 1959 (Pat)  was that claims 1 and 3 were invalid but claim 2 valid. The normal course would be to amend claim 1 so as to include claim 2 and then delete claim 3. However, deleting claim 3 would alter the co ...
By Law Brief Update on 14/10/2014 9:41 AM
property, costs, possession proceedings, abuse of process, individual voluntary arrangement
The Claimant bank obtained a legal charge over the Defendant's properties under a personal guarantee. The Defendant failed to repay the sums demanded and entered into an individual voluntary arrangement (IVA). The Claimant issued possession proceedings against the Defendant, but subsequently discontinued the same. The issues to be determined were (i) whether the Claimant should pay the Defendant's costs on the indemnity basis because the proceedings were an abuse of process or for a collate ...
By Law Brief Publishing on 14/10/2014 9:17 AM
patents, stay, validity, parallel proceedings, European Patent Office
An application for a stay of English invalidity proceedings pending determination of parallel proceedings in the EPO was refused. P's patent related to sustained release dosage forms of a drug used to treat Parkinson's disease. The default position was that the English proceedings should be stayed, but A had shown on balance that a stay should be refused because the English proceedings would be resolved sooner, even if the EPO proceedings were expedited, and this would provide some commercial ce ...
By Law Brief Publishing on 14/10/2014 9:15 AM
shipping & maritime, damages, charterers’ repudiation
The vessel was a cruise liner, time chartered to the Defendants by the Claimant Owners in 2004. The Defendants repudiated the time charter in 2007, two years before the contractual redelivery date. The Claimants accepted the repudiation, sold the vessel for USD 23,765,000, and sued for lost profits for the remaining term of the charter. As a result of the economic crisis, however, had the Vessel been redelivered in 2009, she would only have been sold for USD 7,000,000. The Defendants argued that ...
By Stephen Moore on 10/10/2014 10:54 AM
We welcome again Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, as he continues his critical review of current case law.
Introduction We welcome again Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, as he continues his critical review of current case law. This case raised interesting points as to an alleged fraudulent execution of a mortgage and an issue that often arises on lenders taking possession of property where the borrower has left chattels. What rights do the respective parties have in respect of the chattels? As a general point a lender in possession becomes an ...
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