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Categories starting with H

Items starting with H

Hageman v Holmes & Seddons (a firm) (Ch) 21/1/09

The main proceedings related to the construction of a Deed of Covenant drafted by Seddons. The Court held that the Deed of Covenant did not create the fiduciary duty alleged by the Claimant and that accordingly there was no liability on the solicitors. The learned judge went on to consider whe......

Hague v Rexam Glass (Barnsley) Ltd. [2006] EWCA Civ 377 (05 April 2006)

A trial judge had not erred by ruling on a preliminary issue as to diagnosis of hand arm vibration syndrome without hearing oral medical evidence where it was clear to the judge, having heard the claimant's oral evidence, that he did not have any symptoms of the syndrome. ......

Haji-Ioannou & Ors v Frangos & Ors [2006] EWHC 279 (Ch) (24 February 2006)

Failure to commence detailed assessment proceedings in time. Where a party had failed to commence detailed assessment proceedings in time the court had the power to disallow both interest and costs, and it could not be said that where the court disallowed interest it would only be in exceptional c......

Haji-Ioannou v Frangos & Ors [2006] EWCA Civ 1663 (06 December 2006)

While non-compliance with a rule, practice direction or court order was the only jurisdictional requirement for the exercise of the power contained in CPR r.44.14 it would usually be appropriate as a matter of discretion to consider the extent of the misconduct which had occurred in the course of ......

Hall v Holker Estate Co Ltd [2008] EWCA Civ 1422 (17 December 2008)

Defendant Caravan Park Liable for Accident on Football Pitch:The Court of Appeal held that the trial judge had erred in finding that the owners and operators of a caravan park were not liable for an accident that occurred when a portable football goal that should have been pegged to the ground coll......

Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ 333 - 15/03/13

The appellant sought substantial damages under the Data Protection Act 1998 and a sanction under art. 24, Directive 95/46/EC raising the issue of the correct approach to the remedy for distress under s. 13(2). Appeal allowed. Held: Art. 24 is not directly enforceable by an individual in private ......

Halliwells LLP (In Administration) v Ian Dafydd Austin & Ors [2012] Ch D - 25/06/12

A court awarded costs of a summary judgment on an indemnity basis as allegations of unconscionability had only come to light in a party's skeleton arguments, and there had been unparticularised serious allegations of fraud. The question for the court was whether H's conduct took the case out o......

Hamid v Francis Bradshaw Partnership [2013] EWCA Civ 470 - 02/05/13

An engineering firm appealed against a decision on a preliminary issue that the director had employed them in a personal capacity rather than as agent for his company. Where the identity of a contracting party was unclear from a written contract it was legitimate for the court to consider what the ......

Hamilton v O'Kane & Anor [2009] EWCA Civ 931 (04 June 2009)

Motorcyclist and Car Driver Were Equally to Blame for Accident:The Court of Appeal held that the rider of a motorcycle and the driver of a car were equally to blame for an accident that occurred when the car driver emerged from a minor road into collision with the motorcyclist who had been travelli......

Hamish McLeod Prentice v. Richard Allan Sandeman [2011] CSOH 18

The pursuer sought damages for professional negligence arising out of the alleged mishandling of his unfair dismissal claim by his solicitor. At this debate, the defender submitted that the pursuer's action was incompetent, and was moreover irrelevant and lacking in specification. The defender subm......

Hammersmatch Properties (Welwyn) Ltd v Saint-Gobain Ceramics and Plastics Ltd & Anor [2013] EWHC 2227 (TCC) - 24/07/13

Costs judgment following a successful dilapidations claim on the termination of a lease where the damages awarded were marginally more advantageous than a Part 36 offer raising the issue of the application of the 'near miss' rule. Held: The court should resist invitations to speculate......

Hammond Suddards (A Firm) v Jebb, CA (Civ Div) 26/5/2006

The judge had taken into account all relevant factors when awarding interest on indemnity costs and had correctly exercised his discretion in the level of interest awarded. ......

Hampshire Police v Taylor [2013] EWCA Civ 496 - 09/05/13

The Claimant was a police officer who was ordered to clear plants out of a cannabis factory. She suffered personal injury when she cut her thumb opening a window in the cannabis factory. The only risk which had been considered was of irritation to the skin as a consequence of contact between skin a......

Hands v Morrison Construction Services Ltd, High Ct (Ch D) 16/6/2006

A pre-action disclosure order was made where it would offer a real prospect of achieving the objective of more focused proceedings. ......

Hannigan v Lanarkshire Acute Hospitals NHS Trust [2012] CSOH 152 - 21st September 2012

An action seeking reparation for loss and damage suffered as a consequence of alleged negligence of a consultant and registrar in gynaecology while carrying out a total abdominal hysterectomy (removal of the uterus) and left salpingo-oophorectomy (removal of the left ovary). The issues were whether......

Harcus Sinclair (a firm) v Buttonwood Legal Capital Ltd & Ors [2013] EWHC 2974 (Ch) - 09/10/13

An application for costs against solicitors of unsuccessful defendants following a finding that a funding agreement had been validity terminated, raising the issue of whether the solicitors were a party to the action, and if not, whether the court should exercise its discretion to make an order aga......

Harding v Pub Estate Company Ltd [2005] EWCA Civ 553 (11 May 2005)

Negligence: Stress at Work & Circumstances putting Employer on notice as to risk of injury: It was critical for a judge in a claim for personal injury caused by stress at work to find the circumstances that put the employers on notice that if they did not take action it was reasonably foreseeable t......

Harding v. Wealands [2006] UKHL 32 (5 July 2006)

The English court dealing with a personal injury claim in respect of a road traffic accident that occurred in New South Wales had to apply English law to the assessment of damages as a matter of procedure to be regulated by the law of the forum under the Private International Law (Miscellaneous Pro......

Hardy v Tesco Stores Plc, High Ct, 10/1/2006

Harland & Wolff Plc & Anor v McIntyre [2006] EWCA Civ 287 (28 March 2006)

Fatal Accident Claim. A termination of service payment made to the deceased's estate under a provident fund scheme did not prevent the deceased's widow from recovering Fatal Accidents Act damages in respect of her husband's expectation of receiving retirement benefits from that fund. ......

Harounoff & Anr v Baker [2012] All ER (D) 20 (May) (QB) - 2/5/12

The claim was brought by barristers against a former client who had set up two websites on which two articles were published making criticisms of their conduct of his case and alleging that they were corrupt. The barristers were entitled to summary judgment in a libel claim where false allegations ......

Harris & Anor v Moat Housing Group-South Ltd [2007] EWHC 3092 (QB) (20 December 2007)

Additional Solicitor must be Included on Bill for Detailed Assessment: Held that where a party sought to recover costs in respect of two separate firms of solicitors, both sets of costs should be included on the bill for detailed assessment. CPR 47.6 clearly provided that detailed assessment procee......

Harrison & Anor v Black Horse Ltd [2013] EWHC B28 (Costs) - 20/12/13

Application for relief from sanctions for failing to serve notice of a Court of Appeal conditional fee agreement in order to recover success fees. Held: The purpose of the requirement that a party discloses its funding arrangements is so that the other party may know that it may face a liability......

Harrison & Anor v Black Horse Ltd [2013] EWHC B5 (Costs) - 07/03/13

Application for an order for payment on account of costs under CPR 44.3(8) based on a consent order made in the Supreme Court. Application opposed on the ground that the Senior Courts Costs Office had no jurisdiction: costs were ordered to be paid by the Supreme Court, to which the CPRs do not appl......

Harrison & Ors v Technical Sign Co Ltd & Ors [2013] EWCA Civ 1569 - 04/12/13

The Court of Appeal allows appeal against a finding that the relationship between a firm of surveyors and the owners of a shop was not sufficiently proximate to give rise duty of care to those injured by a falling sign. The Appellant, a firm of surveyors, appealed against a decision that the Res......

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