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Items starting with A

A & Anor v A Company & Anor, QB, 26/10/12

It was not appropriate to adjourn a trial date in the absence of good medical evidence. It was held that though illness could be a ground for an adjournment but there had to be a good evidential basis for so doing. However, the applicant's doctor had failed to conduct further investigations ......

A & Ors, R (on the application of) v East Sussex County Council [2005] EWHC 585 (Admin) (11 April 2005)

Costs following Judicial Review proceedings: The court determined costs following two separate family and judicial review proceedings involving two sets of related, but separately represented, claimants which concerned the treatment of two disabled claimants by the other claimants, their mother and......

A (A Child), Re [2013] EWCA Civ 43 - 06/02/13

The Court of Appeal refused a local authority's application for wasted costs against solicitors acting for the parents in care proceedings as, despite poor litigation conduct, none of the identified errors had been causative of costs being wasted by opposing parties. ......

A v B (2007), Lawtel, QBD, 3/4/07

A v B Hospitals NHS Trust, High Ct (Admin) 10/11/2006

Where damages had been awarded for clinical negligence the appropriate award for the cost of future care was, in the circumstances, a lump sum payment, as periodical payments linked to the retail price index were likely to result in a substantial shortfall in the provision for the future care. ......

A v Hoare [2008] UKHL 6 (30 January 2008)

Correct Approach to Limitation in Sexual Abuse Cases: The Lords allowed the appeals of six appellants who had been victims of sexual abuse during childhood and whose claims had been adjudged to be statute barred. It was held that the test under section 14 of the Limitation Act 1980 was an entirely ......

A v Hoare, CA (Civ Div) 12/4/2006

A v The Archbishop of Birmingham [2005] EWHC 1361 (QB) (30 June 2005)

Sexual abuse: The Court assessed the Claimant's damages following the admission of liability by the Defendants. The case involved sexual abuse of a child by a Catholic priest over a period of 10 years, as a result of which the Claimant had suffered severe mental health problems. ......

A. v. N. [2008] CSOH 165

Debate:- In this action the pursuer sought damages for a period of sexual abuse from when she was a child until the age of thirty by the defender. The abuse ended in 1997 and the pursuer's loss was known in 1998. The triennium expired in 2001 with this action raised three years later. At debate t......

AB & Ors v Department of Trade & Industry S/A British Coal Corp & Ors, CA (Civ Div) 19/10/2006

An arrangement for compensation for vibration white finger, involving close supervision by the courts, included the power of the supervising judge to make a financial award where there were delays in dealing with the claims. ......

AB & Ors v Department of Trade & Industry S/A British Coal Corporation, CA (Civ Div) 21/12/2005

When awarding costs the judge had erred in not granting an adjournment to enable further evidence to be brought that could have helped in the assessment of those costs. ......

Accident Exchange Ltd v Nathan John George-Broom & 6 Ors [2012] EWHC 207 (Admin)

An application to bring contempt proceedings against 7 individuals who it was claimed had given false information about car hire rates was granted.The evidence against the respondents was ostensibly strong. There appeared to be a basis for saying that the respondents in their individual cases had t......

Actavis UK Ltd v. Eli Lilly & Co Ltd, CA, 13/1/10

Adams & Ors v Allen & Overy & Ors (Ch) (Foskett J) - 11/07/13

A claim in connection with the drafting of a sales agreement for the sale of land that was likely to be granted planning permission depended on expert evidence. The expert of one party indicated he was no longer prepared to continue and that was a good reason for the party not to proceed with him a......

Adams v Law Society of England & Wales & Ors [2012] EWHC 980 (QB) - 17/4/12

The report of a Law Society investigation into a solicitors' practice following complaints from several client did not disclose errors or indications of bad faith on the part of the Law Society. There was no real prospect of successfully contending that there had been misfeasance in public office. ......

Adams v. Bracknell Forest Borough Council [2004] UKHL 29 (17 June 2004)

There was no reason why the normal expectation that a person suffering from a significant injury would be curious about its origins should not also apply to dyslexics. Therefore, on the facts of the instant case, the claimant's date of constructive knowledge was well before three years before issue......

Adobe Systems Inc v (1) Netcom Distributors Ltd (2) Mussarat Fatima Kosar Bhattic (3) Mahmud Ahmed Bhatti [2012], Ch D - 28/05/12

The costs of cross-application for summary judgment would be reserved pending the outcome of mediation as costs would be one of the central issues to be decided at mediationThe costs of the summary judgment applications would be reserved to be determined at a CMC after the mediation. One of the iss......

Adorian v. Commissioner of Police for the Metropolis, QBD, 25/11/10

The Degree Of Force Applied By Police Officers To Individual Resisting Arrest Was Reasonable Despite Severe Injuries Being Sustained:HHJ O'Brien QC (sitting as a deputy judge of the High Court) held that the degree of force applied by police officers to the Claimant, who had resisted arrest, was re......

Aerospace Publishing Ltd & Anor v Thames Water Utilities Ltd [2007] EWCA Civ 3 (11 January 2007)

Cost of Reinstatement. Where a publishing company's archive of historic aviation material had been damaged by flooding and the company intended to reinstate the archive and it was reasonable to do so, the correct measure of damages was the cost of reinstatement. ......

Afouzar v First Centre West Buses Limited [2014] EWHC 3426 (QB) - 23/10/14

HHJ Coe QC considered a claim by a pedestrian who had run into the path of an oncoming bus causing him significant injuries, including a head injury. The issue being determined was whether the bus driver had been negligent. The Judge considered that ignoring the 'red man' at the pedestrian ......

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