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Most recent case entries
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By Law Brief Publishing on 25/07/2014 11:23 AM
An interesting procedural decision relating to costs. Since roughly the start of 2014, costs have been awarded more frequently in Extradition Cases before Westminster Magistrates Court following the Senior District Judge encouraging the CPS to apply under section 60 of the Extradition Act 2003. This appeal dealt with the powers of the Court to deal with costs on appeal and Mr Justice King decided that in unsuccessful appeals there is jurisdiction to vary costs.
By Law Brief Publishing on 25/07/2014 11:22 AM
The Claimant was charged with an offence of possession of a controlled drug and driving while unfit through drugs. He was bailed to attend the Ealing Magistrates' Court on the 17th May 2013. The Claimant attended on that day together with a legal representative for whom he was paying himself. The hearing on 17th May 2013 was entirely abortive since no Prosecution papers were available. The Claimant applied for costs against the Prosecution pursuant to the Prosecution of Offences Act 1985, s.19. ...
By Law Brief Publishing on 24/07/2014 12:46 PM
The appellant landlord successfully appealed against the decision of the then London Rent Assessment Panel (LVT) that it was limited in the amount it could recover through the service charge for major emergency repair work (replacement of supporting beams); due to the landlord's failure to make good the defect at an earlier date and therefore potentially lower cost. On appeal the Tribunal held that a "historic neglect" defence to a claim for service charges could only succeed where it was sho ...
By Law Brief Publishing on 24/07/2014 12:44 PM
Disponent Owners chartered the mv "Bulk Uruguay" to Charterers on a sub-time charter. The head charter between Disponent Owners and Head Owners required the former to obtain permission from the latter on each occasion before transiting the Gulf of Aden, an area notorious for piracy. Disponent Owners purported to refuse an order from Charterers to transit the Gulf, despite their being no equivalent permission requirement in the sub-time charter. Charterers alleged anticipatory repudiatory breach. ...
By Law Brief Publishing on 22/07/2014 1:31 PM
The FCA has entered an agreement with Wonga which will see it pay compensation of more than £2.6m to around 45,000 customers for unfair and misleading debt collection practices.
By Law Brief Publishing on 22/07/2014 1:27 PM
The Court allowed an appeal on the grounds of judicial bias, the Judge having expressed at a previous case management hearing that serious allegations made by a Mother with significant learning disabilities against a Father were 'a pack of lies'.
By Law Brief Publishing on 22/07/2014 1:26 PM
The Court of Appeal (CA) held that it was not permissible for the court to make orders requiring three non-party family members (one a minor) of a Mother who had taken her child without permission out of the jurisdiction to lodge their passports with the court. The CA further allowed the appeal against orders endorsed with an unenforceable penal notice requiring a minor to attend court with further information and against findings made as to that child's candour.
By Law Brief Publishing on 22/07/2014 1:25 PM
A must read extradition case dealing with the provisions in section 36 of the Extradition Act 2003 for removal within 10 day period. The CPS/NCA had taken to applying for extensions of time before a master in the High Court (ex parte) when it became clear Requested Persons were applying to Westminster Magistrates Court for discharge under section 36(8) following a failure to remove them in time. This circumvented the Requested Person's application which invariable was not heard before the High C ...
By Law Brief Publishing on 22/07/2014 1:18 PM
This case concerned the construction under a sub-contract with Bluewater by Mercon of a Soft Yoke Mooring System in the Caspian Sea. The sub-contract works were delayed and disputes developed between the parties which led to Bluewater issuing a contractual notice of default followed by a notice of termination. Many issues are covered in the Judgment, including whether Bluewater was correct able to terminate the contract and claim liquidated damages for delay (LDs). On termination, the termina ...
By Euan A. Dow on 18/07/2014 10:52 AM
Note of appeal against conviction:- On 8 October 2013, following a trial on indictment at Paisley Sheriff Court, the appellant was convicted of a charge of assault and robbery whilst on bail. He appealed against his conviction on the following grounds:- (1) that the sheriff erred in repelling an objection made on behalf of the appellant to allow the Crown to lead evidence of a dock identification of the appellant and to the admission of evidence of an identification of the appellant from images ...
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