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Items starting with B

B & Anor v Secretary of State for the Home Department & Anor [2012] EWHC 3770 (Admin) - 20th December 2012

A judgment reiterating the duties of advocates and lawyers, highlighting the importance of professional competence and the observance of the duty owed to the court to act in the interests of justice, particularly in the context of asylum and immigration cases: 'This is an area of the law where ......

Bacciottini & Anr v Gotelee & Goldsmith 2014 EWHC 3527 (Ch) - 24/10/14

A law firm's liability for failure to carry out property searches was limited to the cost of an application to remove a condition attached to a grant of planning permission since the success of that application had mitigated the purchaser's loss. ......

Badger v MOD, High Ct, 16/12/2005

Contributory Negligence. A wife's claim for damages, following the death of her husband through exposure to asbestos was reduced by 20 per cent, as her husband had contributed to his own death by refusing to give up smoking, which also caused the lung cancer that killed him. ......

Baillie & Ors v Bromhead & Co & Ors [2014] EWHC 2149 (Ch) - 02/07/14

A patent attorney had not given negligent advice to two inventors about an international application for their invention or about buying a US patent which their invention would infringe. ......

Baker v Quantum Clothing Group & Ors [2009] EWCA Civ 499 (22 May 2009)

Employer Liable For Noise-Induced Hearing Loss:The Court of Appeal held that section 29 of the Factories Act 1961 materially added to the employer's common law duty; the obligation under section 29 to ensure that a place of work was safe was absolute, subject to the defence of reasonable practicabi......

Ball v. Secretary of State For Energy and Climate Change, QBD, 10/02/12

Assessment Of Damages For Pain, Suffering And Loss of Amenity For Mesothelioma:-Swift J was required to assess damages for pain, suffering and loss of amenity in respect of the 92 year old Claimant who had contracted mesothelioma following exposure to asbestos dust during the course of his former e......

Balmoral Group Ltd. v Borealis (UK) Ltd & Ors [2006] EWHC 2531 (Comm) (17 October 2006)

The court was not persuaded that the combination of difficulties in the case were such that a claimant continuing with its claim was so unreasonable that costs should be awarded on indemnity basis. ......

Barker v Corus (UK) Plc, HL (Lord Hoffman, Lord Scott of Foscoite, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond) 3/5/2006; Times, May 4, 2006

Several liability of employers for negligent exposure to asbestos. Where employers were liable on the basis that they had negligently exposed an employee to asbestos and thereby created a material risk of mesothelioma which had eventuated, it would be fair that they should be severally liable only......

Barker v Lancashire County Council [2013] EWCA Civ 582 - 23/05/13

The Claimant was injured in a trip on the highway. The point which the Court of Appeal had to decide was whether - as contended by the Claimant - if a local authority were in breach of duty in relation to a wider part of the highway which contained the particular defect which caused the Claimant......

Barlow v Perks [2007] EWHC 90087 (Costs) (19 October 2007)

CFA Unenforceable where Material Non-compliance with Regulation. It was held that a Conditional Fee Agreement was not valid and enforceable because there had been material non-compliance with Regulation 4 of the Conditional Fee Agreements Regulations 2000 which requires solicitors to inform the cl......

Barnaby v Raleys Solicitors [2013] Leeds County Court - 25/07/13

The claimant sought damages from a firm of solicitors for alleged negligent advice. It was alleged that the firm wrongly advised the claimant, who had settled claims for general damages and handicap on the labour market, to abandon a claim for services under a tariff based compensation scheme for t......

Barndeal Ltd & Anor v Richmond-Upon-Thames [2005] EWHC 1377 (QB) (30 June 2005)

Application for costs against non-parties: Where an application for costs to be paid by non-parties was not made until after judgment had been given, and without prior notice, it was held that the Court did not have sufficient evidence of the allegations made against the non-parties and it would ha......

Barros Mattos Junior v & Ors [2005] EWHC 1323 (Ch) (24 June 2005)

Amending Particulars of Claim: The Claimant was permitted to make amendments to the particulars of claim where the amendments did not add new causes of action, but were founded on the same legal and factual basis as the existing claim and the amendments raised matters which were arguable at trial. ......

Bates & Anr v Mishcon de Reya (CA) 24/3/06

Causation: A property acquisition fell through because conditions attached to the mortgage offer could not be met before the date for exchange leading to the loss of deposit and the refusal by the vendor to sell. Having accepted that a breach had arisen by not checking whether the mortgage conditio......

Batty v Danaher (Practising As Jack Danaher & Co) [2005] EWHC 2763 (QB) (20 December 2005)

Correspondence was overlooked by the solicitor retained to advised the Claimant in respect of his rights and obligations under a consultant service agreement. The defence allegations that the consultant's employment would have been terminated in any event failed. The actions of the consultant h......

Baxter Healthcare UK Ltd v Fresenius Kabi (IPEC, unreported) - 17/09/14

Where a patent claim had been resolved without a trial and no letter before action had been sent by C before issue, the Court could only speculate as to whether proceedings would have been issued had the letter before action been sent. The Court considered that a letter before action was virtually ......

BE Studios Ltd. v Smith & Williamson Ltd. [2005] EWHC 2730 (Ch) (02 December 2005)

Non-Party Costs Order. It was not a requirement for the making of a non-party costs order against a director, who had funded and controlled litigation consequent on a claim brought by his company at his instance, that impropriety had to be shown in the way that the claim was prosecuted. ......

Beary v Pall Mall Investments (A Firm) [2005] EWCA Civ 415 (19 April 2005)

Financial Services: The principle in Chester v Afshar should not be applied generally in claims for negligent financial advice. ......

Beasley (A Child) v Alexander [2012] EWHC 2197 (QB) - 27/07/2012

D performed a U-turn from stationary traffic into the path of C, a following motorcyclist who was intending to overtake him. D was liable because he had failed to ensure that his way was clear before making his manoeuvre. Even though C was travelling too fast, he would not have had time to avoid a ......

Beasley (By his Litigation Friend Cadell Beasley) v Alexander [2012] EWHC 2715 (QB) - 09/10/12

The Claimant sought an order for costs against the Defendant following a finding that the road accident in which he had been injured had been caused by the Defendant's negligence. There had been a split trial, with liability determined first. Damages were still to be decided. It was held that t......

Beaumont & O'Neill v Ferrer [2014] EWHC 2398 (QB)

The Claimants had been passengers in the Defendant's taxi. It was alleged that they had sought to get out of the taxi and leave the scene without paying. Three of the Claimants' friends had run from the scene and the Defendant started moving his taxi to prevent the Claimants from escaping. ......

Bee v Jenson [2007] EWCA Civ 923 (13 September 2007)

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