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Categories starting with R

Items starting with R

R (Hill) v Institute of Chartered Accountants in England & Wales (Admin) - 26/6/12

In proceeding to hear part of the cross-examination of the accountant in the temporary absence of a panel member, the disciplinary tribunal had breached the rules of natural justice and fairness. However the accountant had waived the right to object and was bound by that waiver. ......

R (on the application of Association of Personal Injury Lawyers) v Secretary of State for Justice [2013] All ER (D) 11 (Mar)

This case revolved around ss.56 - 60 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which bans the payment of referral fees in personal injury cases after 1 April 2013. One of the effects of this ban is that the recoverable fixed costs in small value personal injury claims is red......

R (on the application of Colman) v General Medical Council 6/7/10

The claimant challenged decisions of the Professional Conduct Committee (PCC) of the General Medical Council (GMC) that the applicant was guilty of serious professional misconduct and his name be erased from the medical register. The claimant sought judicial review of the decision. The issue was wh......

R (on the application of Hide & Ors) v Staffordshire CC (Admin) 26/10/07

Despite the Court concluding that the solicitor advocate had conducted the proceedings unreasonably and negligently and that they were doomed to failure no order for wasted costs would be made where the consequences would be the possibility of the solicitor advocate being made bankrupt. ......

R (on the application of McDonald) (Appellant) v Royal Borough of Kensington and Chelsea (Respondents), [2011] UKSC 33

Background This appeal concerns the question of whether the Royal Borough acted unlawfully in seeking to amend Ms McDonald's care package by substituting her night time carer with provision of incontinence pads or absorbent sheets when Ms McDonald was not in fact incontinent. Th......

R (on the application of Prudential plc & Anr) v Special Commissioner of Income Tax & Anr [2013] UKSC 1 - 23rd January 2013

The issue was whether legal advice privilege extends to legal advice given by professionals other than professional lawyers. The appellants submitted that it was entitled to refuse to comply with a notice under s.20, Taxes Management 1970 to disclose documents in connection with its tax affairs on ......

R (on the Application of the Director of Public Prosecutions) v Sheffield Crown Court and Others [2014] EWHC 2014 (Admin) - 20/06/14

Misusing an order for costs in an attempt to discipline the Director of Public Prosecutions. Peter Barry Goodison, the driver of a bus, was prosecuted for an offence of causing death by careless driving. Mr Goodison was tried at the Crown Court at Sheffield and was acquitted. After the acquittal......

R v CICA Panel, High Ct, 18/11/2005

R v CICAP, High Ct (Admin) 14/02/2007

CICA Claim. In a claim for compensation under the 1990 Criminal Injuries Compensation Scheme, Sowden v Lodge (2004) EWCA Civ 1370, (2005) 1 WLR 2129 clearly placed upon the defendant the burden of proving that the apparent cost of the claimant's reasonable requirements should be reduced because of......

R v Denbighshire Local Health Board & Anr, High Ct (QBD, Admin) 17/2/2006

Costs of judicial review. The court made no order for costs where a claim for judicial review had been settled except as to costs, as the claim would not have, in the circumstances, proceeded beyond the permission stage and, if proceedings had been taken, permission would have been refused as there......

R v H, CA (Crim Div) 22/5/2006

Health and Safety at Work etc. Act 1974. A defendant to a charge under the Health and Safety at Work etc. Act 1974 s.2, s.3 or s.4, in asking the jury to consider whether it had established that it had done all that was reasonably practicable, could not be prevented from adducing evidence in sup......

R v McKenzie [2013] EWCA Crim 1544 - 21/08/13

The Defendant had claimed to be a passenger in a car involved in a road traffic accident in January 2009 and sought compensation for whiplash. The insurance company paid him £33,000 in compensation however it later emerged that the collision had not occurred and the Defendant was found guilty ......

R v Secretary of State for Health, CA (Civ Div) 11/10/2005

National Health Service (Injury Benefits) Regulations 1995: The definition of "average remuneration" when calculating permanent injury benefit was most appropriately to be found under reg.2(1)(b)(iii) of the National Health Service (Injury Benefits) Regulations 1995. ......

R v Secretary of State for Health, CA (Civ Div) 11/10/2005

The definition of "average remuneration" when calculating permanent injury benefit was most appropriately to be found under reg.2(1)(b)(iii) of the National Health Service (Injury Benefits) Regulations 1995. ......

R v Secretary of State for Work & Pensions, High Ct (Admin) 13/7/2006

A homeless person did not have a status within the meaning of the European Convention on Human Rights 1950 Art.14 and the cessation of payments of a disability premium whilst he was without accommodation was not unlawful. ......

R v Swindon NHS PCT & Anr, CA (Civ Div) 12/4/2006

Health & PCT policy refusing funding for treatment with an unlicensed drug. The policy of a primary care trust to refuse funding for treatment with an unlicensed drug save where exceptional personal or clinical circumstances could be shown was irrational, as the policy could not be rationally ex......

R v Trafford Healthcare NHS Trust, High Ct (Admin) 22/9/2006

Unlawful decision to close two inpatient wards. The decision of the defendant NHS trust to close two inpatient wards in a hospital that it ran was unlawful as the decision had been reached without any public consultation in breach of the Health and Social Care Act 2001 s.11. ......

R v. Thames Magistrates Court, QBD, 12/8/10

Ouseley J held that a judge had not erred in refusing to reconsider his decision not to grant a further adjournment of an appeal hearing against a revocation of a premises licence and the consequent dismissal of the appeal. The medical evidence relied upon in support of the adjournment application,......

Rachel Davis v. (1) John Catto & (2) CIS General Insurance Limited and Stephen Skinner [2010] CSOH 93

In March 2006, the first defender was driving his vehicle at speed on the A832, lost control of the car and was involved in an accident after the vehicle overturned. The pursuer sustained serious injuries as a result of the accident. The loss of control occurred at a time when the first defender ha......

Radu v Houston & Anor [2006] EWCA Civ 1575 (22 November 2006)

Where a court, despite granting permission to appeal, had made an unless order, with the effect that if security for costs was not put up by the claimant the action would be struck out before any appeal came on for hearing, the order was inappropriate. If a default judgment had been entered pursuan......

Raggett v The Society of Jesus Trust 1929 for Roman Catholic Purposes & Anor [2009] EWHC 909 (QB) (05 May 2009)

Sexual Abuse Victim Able to Pursue Claim to Substantive Trial:Swift J. held that the Claimant, a victim of sexual abuse by a teacher at a school he attended in the 1970s, was able to pursue his claim to trial in spite of the fact that it was statute barred by section 11 of the Limitation Act 1980. ......

Raggett v. Preston Catholic College Governors & Anor, [2010] EWCA Civ 1002, 27/8/10

The Court of Appeal dismissed the appeal of the appellant school governors against a decision that it was just and equitable to exercise the discretion pursuant to s. 33 of the Limitation Act 1980 so as to disapply the primary limitation period, in respect of a damages claim brought by the responde......

Raja v Van Hoogstraten & Ors [2006] EWHC 1315 (Ch) (12 June 2006)

By murdering the opposing party, who was a vital witness to the litigation, the defendant had rendered a fair trial no longer possible and had denied himself the right to proceed with his defence and counterclaim. ......

Raja v Van Hoogstraten & Ors [2007] EWHC 1743 (Ch) (26 July 2007)

The intervenor claimed damages from the Claimant estate and its solicitors for trespass and conversion by sequestrators in respect of enforcement of a writ of sequestration which had extended to its assets which had subsequently been set aside. ......

Raleys Solicitors v Barnaby [2014] EWCA Civ 686 - 21/05/14

The Claimant pursued a claim under the DTI compensation scheme for compensation for exposure to vibration and for vibration white finger. His claim included a claim for loss of services. On advice from his solicitors he abandoned that claim. He subsequently brought a claim for professional negligen......

Rangos v Secretary of State of Business Innovation and Skill & Anor (2012), Ch D - 24/04/12

Costs to be paid for detailed assessment when Claimant only beat offer by a small marginThe appellant appealed against a Costs Master's Order requiring him to pay the costs of detailed assessment having won the underlying proceedings. After a long and costly costs proceeding the Master awarded the ......

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