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Moreton, R (on the application of) v Medical Defence Union Ltd. [2006] EWHC 1948 (Admin) (26 July 2006)

The Medical Defence Union was not amenable to judicial review. It could neither be said to be a "public body" nor did it exercise a "public function" in a respect that affected the claimant. ......

Morgan Stanley & Co International Plc v China Haisheng Juice Holdings Co Ltd [2009] EWHC 2409 (Comm) (05 October 2009)

A dispute arose in respect of an ISDA swap arrangement entered in to between the parties with an exclusive English law and forum jurisdiction clause. The swap agreement had gone against the Defendant. The Defendant had brought proceedings in China against the Morgan Stanley affiliate as well as the......

Morris Amusements Limited v. Glasgow City Council and Others [2009] CSOH 84

Debate:- In this action the pursuers, the proprietors of a building in Glasgow, sought damages from the defenders. In 1999 the gable wall of that building was damaged in the course of demolition works which were in progress on an adjacent building, that decision to demolish it on public safety gr......

Mortgage Agency Services Number One Ltd v Edward Symmons LLP [2013] EWCA Civ 1590 - 22/10/13

The question of whether the break costs of interest rate swaps were recoverable by a lender from surveyors following alleged negligent valuations of commercial properties against which the properties were secured should be determined at trial with the benefit of expert evidence on the hedging of lo......

Mortgage Business Plc v Oliver and Co [2013] EWHC 3240 (QB) (unreported)

Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, continues his critical review of current case law. Introduction Without doubt confidentiality is at the corner stone of a solicitors practice. In Miers v Evans (1839 3 Jur 170), Patteson J held: '…......

Mortgage Express v Abensons Solicitors [2012] EWHC 1000 (Ch) - 20/4/12

A mortgage lender who advanced loans for the purchase of a property where the purchaser later transpired to be a director and shareholder of the vendor brought proceedings against the solicitors engaged in the transaction based on claims in contract and negligence. Permission to amend the pleadings......

Mortgage Express v Iqbal Hafeez Solicitors (Ch) 10/10/11

A mortgage lender was entitled to the return of mortgage moneys that a firm of solicitors had paid to fraudsters in breach of the terms of its instructions. The claim was advanced on the basis of breach of trust, breach of contract and in tort. The conduct of the principal indicated that he had lit......

Mountford v Newlands School & Anr, CA (Civ Div) 24/1/2007

Vicarious Liability. A school was vicariously liable in circumstances where a member of staff had selected a boy, who was well over the age group for the match, to play on a junior rugby team and that boy's superior size, weight and maturity had contributed to an opposing player being injured. ......

Mousa & Ors, R (on the application of) v Secretary of State for Defence [2013] EWHC 2941 (Admin) - 02/10/13

Judgment concerning costs in judicial review proceedings where the claimant was funded by the Legal Aid Agency under a high costs case plan and both parties had won on two distinct issues. The costs of the issue the claimant lost were substantially greater than those of the issue it won, raising th......

Mr. Ben Brouwers v. Mr. Raymond David Tartaglia [2007] CSOH 115

Here the pursuer sought damages from the defender in respect of a road accident which occurred on 4 September 2003. In the accident the pursuer sustained leg injuries when his motor cycle ran into the rear of the defender's car which was allegedly reversing round a sharp bend on the A82. It was acc......

Mr. Ben Brouwers v. Mr. Raymond David Tartaglia [2007] CSOH 115

Here the pursuer sought damages from the defender in respect of a road accident which occurred on 4 September 2003. In the accident the pursuer sustained leg injuries when his motor cycle ran into the rear of the defender's car which was allegedly reversing round a sharp bend on the A82. It was acc......

MRK1 Limited v. (1) Mohammed Zahir Sakur and Suneia Momade and (2) the firm of Sara Properties [2011] CSOH 34

In this action, the pursuers sought implementation of missives, which the parties had entered into in 2008, for the purchase of subjects at Dens Road Market, Dundee. The pursuers sought payment of the purchase price from the defenders, totalling the sum of £1,550,000. The defenders denied thei......

Mrs Ivy Niven for Judicial Review of a Decision of the Lord Advocate dated 8th May 2008 [2009] CSOH 110

In this petition for judicial review the petitioner sought to challenge the decision of the Lord Advocate, dated 8 May 2008, refusing a request that a fatal accident inquiry be held into the circumstances surrounding the death of the petitioner's daughter. On 19 December 1995 Richard Karling was ......

Mrs Joyce Robson v. Grampian Country Chickens (Rearing) Limited [2008] CSOH 100

Reparation:- Between March 1999 and April 2004 the pursuer was employed by the defenders at their premises in Inverurie. In this action the pursuer sought damages for personal injuries which she said she suffered as a result of being exposed to formaldehyde and other chemicals during her work in ......

Mrs Lynn McGovern v. Glasgow City Council [2009] CSOH 148

On 8 January 2007 the pursuer stepped off a pavement on Great Western Road, Glasgow into a pothole on the road, fell down and suffered an injury to her leg. The case was brought on the basis that the defenders had a duty to take reasonable care to maintain the road in a safe condition for persons w......

Mrs Rosemary Catherine McCusker v. David Cunningham & Alan Cameron Glen [2008] CSOH 32

Proof:- On 18 May 2001 members of the Glasgow University Geological Association were travelling, in two minibuses, northwards on the A9 in Perthshire. The front minibus collided head-on with an ex-military Land Rover driven by the first defender. In the minibus the pursuer was seriously injured a......

Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2012] EWHC 3417 (TCC) - 30th November 2012

The continued failure by counsel to meet TCC deadlines contained in the TCC Guide will be met with a tougher response, and is more likely to lead to adjourned hearings and wasted costs orders. If all parties want to keep the trial date, then an application that is left until the PTR will inevitably......

Mulcahy v Castles Solicitors & Anor [2013] EWCA Civ 1686 - 18/12/13

The judge had been correct to reject a claim of negligence against a firm of solicitors in the context of an alleged failure to provide counsel in the ancillary relief matrimonial proceedings as part of the client's updated income figures. The appeal was dismissed as the information would not h......

Murphy v. Smith News Trading Ltd & Anor, QBD, 16/3/10

Mr. Pittaway QC (sitting as a Judge of the High Court) held that the Defendant lorry driver was not negligent in travelling at excessive speed through a junction, in circumstances where the other Defendant had been held liable for the collision in crossing the said junction through a red light. The......

Murray v NHS Lanarkshire Health Board [2012] CSOH 123 - 26th July 2012

Medical Negligence/Standard of Care/Treatment Options/Clinical Judgement Other than in extreme cases, the stage at which it is necessary to consider other treatment options following a course of conservative treatment is within the bounds of clinical judgement. The pursuer averred that ......

Mutua and others v Foreign and Commonwealth Office [2012] EWHC 2678 (QB)

The Claimants were all deliberately injured while in detention in Kenya between 1954 and 1959, before Kenyan independence in 1963. The claimants suffered physical injuries of the most serious kind. The injuries were inflicted by officers of the Kenyan police and armed forces. The Claimants claimed ......

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