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Most recent case entries
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By admincc on 17/04/2014 2:38 PM
In this post Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, continues his critical review of current case law. This case raised an interesting issue as to whether the "Bowerman" duty to report to client lenders matters relevant to the valuation of the property (Mortgage Express v Bowerman [1996] 1 PNLR 62) was ousted by the terms of the Council of Mortgage Lenders (CML) Handbook. E.Surv Ltd sought a contribution from solicitors Goldsmith Williams in respec ...
By Law Brief Publishing on 17/04/2014 2:16 PM
Claimant ordered to pay costs on indemnity basis as sanction for taking 'futile and time-wasting procedural points'. The Claimant (C) wrote to the Defendant (D) asking for confirmation that it would file its costs budget 'on' 28 February. D agreed saying costs budgets should be filed 'by' 28 February. C filed its costs budget on 27 February and D filed its costs budget on 28 February. C argued that 28 February was only six clear days before the CMC, not seven as required by CPR r.3.13, and th ...
By Law Brief Publishing on 17/04/2014 2:13 PM
The court granted a widow a declaration that it was lawful for the sperm of her late husband to be stored for a period of up to 55 years despite his non-compliance with parts of the 2009 regulations.
By Law Brief Publishing on 17/04/2014 2:12 PM
For the purposes of determining whether four schemes were collective investment schemes within the definition in s. 235 of the Financial Services and Markets Act 2000 the question of whether a property was 'managed as a whole' was whether the elements of individual management arising either from attention of the management to the interests of individual investors as opposed to the whole or by participation of investors themselves in the management of the property was substantial. On the facts, t ...
By Law Brief Publishing on 17/04/2014 2:11 PM
The Financial Conduct Authority (FCA) fined Forex Capital Markets Limited £3.2 million and imposed a public censure on it and FXCM Securities Limited for breaches of Principles 6 and 11 and rules relating to best execution. The FCA found that between August 2006 and December 2010 the UK entity did not pass on favourable price movements to its customers in relation to rolling spot forex contracts between the time the order was placed and it was executed.
By Law Brief Publishing on 17/04/2014 2:10 PM
The Financial Conduct Authority (FCA) issued a public censure and withdrew various approvals and prohibited Mr Eber following a finding that he lacked integrity. The FCA's investigation was in respect of his involvement in the sale of bonds issued by SLS Capital S.A, while he was Chief Executive of CIB Partners Limited, an adviser to SLS, between September 2007 and September 2010.
By Euan A. Dow on 17/04/2014 12:38 PM
On 24 May 2011, at the High Court in Dundee, the appellant pled guilty to four charges involving the repeated rape of his two sisters from 1971 to 1979 when he was aged between 13 and 21. The sentencing judge selected a sentence in cumulo of 10 years for the rape offences and 5 years concurrent on the incest charges. The sentences were discounted on account of the pleas prior to the trial diet, to 9 years and 4 1/2 years to be served concurrently with each other. Leave to appeal against the sent ...
By Euan A. Dow on 17/04/2014 12:32 PM
Criminal appeal against conviction by stated case:- On 3 September 2013, at Aberdeen Sheriff Court, the appellant was convicted after trial on summary complaint of having offensive weapons in his possession without a reasonable excuse, contrary to section 47(1) of the Criminal Law (Consolidation) (Scotland) Act 1995. The circumstances of the offence were that on returning to Aberdeen from a weeks’ holiday in Cyprus, where he had purchased the items concerned, the appellant had his suitcase searc ...
By Law Brief Publishing on 14/04/2014 12:24 PM
Application to set aside default judgment refused on basis that the 16-month delay was not trivial and there was no good reason for it. The Claimant (C) obtained default judgment in February 2012. The Defendant (D) advised C that they would apply to set aside, although no action was taken until May 2013 when C attempted to enforce judgment. At the application to set aside the Master accepted that D's limitation defence had a real prospect of success. However, no reason had been provided for t ...
By Law Brief Publishing on 14/04/2014 12:23 PM
An applicant who was in breach of an unless order as a result of their disclosure being 46 minutes late was granted relief from sanctions. An order had been made that unless the Applicant provided disclosure by 17 January 2014 their defence and counterclaim would be struck out. The order did not specify a time of day for compliance, although the Commercial Court Guide provided that in the absence of any specific provision in an order, the latest time for compliance was 16:30. The Applicant ...
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