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Taefi v Russell [2005] EWCA Civ 901 (25 July 2005)

Civil Evidence and Professional Negligence: The Court held that the trial judge had been entitled to conclude on the basis of the evidence and his assessment of the credibility of the witnesses that there had been no breach of duty by a firm of solicitors in respect of the advice which they had giv......

Tafa v, (1) Matsim Properties Ltd (2) Gilling-Smith (3) Agora Gynaecology & Fertility Centre Ltd, QBD, 23 May 2011

King J held that a commercial tenant (D3) and its company director (D2) were both personally liable in negligence and for breach of statutory duties pursuant to the Construction (Health, Safety and Welfare) Regulations 1996 and the Work at Height Regulations 2005 in respect of personal injuries sus......

Talisman Property Co (UK) Ltd v Norton Rose (A Firm) [2005] EWHC 2793 (Ch) (18 November 2005)

Solicitors: Although the Defendant firm had admittedly served the incorrect notice in respect of the renewal of a tenancy under the Landlord and Tenant Act 1954, as no compensation had been payable to the actual tenant under the mistakenly served notice, no recovery could be made on that basis. The......

Tallington Lakes Limited & Ors v Larking Gowen [2014] EWCA Civ 959 - 09/07/14

In a claim for accountancy fees for preparation of statutory accounts, the firm agreed a fixed fee subject to the accounts and supporting documents of the company being in good order. They were not. The firm raised a fee invoice based on its standard charge out rates on a time basis. The Court of A......

Tamares (Vincent Square) Ltd v Fairpoint Properties (Vincent Square) Ltd [2007] EWHC 828 (Ch) (09 March 2007)

In the light of the special features of the instant case, despite being identified as the "winner" the claimant would be entitled to only 75 per cent of its costs. ......

Tankard v John Fredricks Plastics Ltd [2008] EWCA Civ 1375 (11 December 2008)

Solicitor Has an Interest if a Reasonable Person Thinks it Would Affect Their Advice to the Client: The Court of Appeal held that, for the purposes of Regulation 4 of the Conditional Fee Agreements Regulations 2000, a solicitor had an interest if a reasonable person with knowledge of the relevant f......

Tann v Herrington [2009] EWHC 445 (Ch) (10 March 2009)

A partner whose responsibilities included the notification of potential claims to insurers under the provisions of professional indemnity insurance was required to act with reasonable care and skill judged by an objective standard. The personal belief that a third party claim was spurious was insuf......

Tanya Grand v Param Gill (2011), 27/07/11 EWCA Civ 902

The Claimant, who was a litigant in person applied for costs against her landlord in respect of her time preparing an appeal against an award of damages for breach of a repairing covenant. The Claimant had sought costs of over £15,000 for her time and disbursements. The Court held the amount o......

Tariq Ali v Esure Services Ltd [2011], EWCA Civ 1582, 19/12/11

A single judge sitting in the High Court did have jurisdiction to make a committal order for an alleged contempt of court in proceedings commenced in the county court but subsequently transferred to the High Court.The appellant, who had been the original Claimant appealed against a decision that a ......

Tarn Insurance Services Ltd v Kirby & Ors [2009] EWCA Civ 19 (27 January 2009)

Court Must Consider Whether Unless Order Still Appropriate in all the Circumstances The Court of Appeal held that, when exercising the power under CPR 3.9 to grant relief from sanctions for failure to comply with an Unless Order, the correct test to be applied was whether the order remained ......

Taylor v Burton & Anor [2014] EWCA Civ 21 - 23/01/14

Appeal against, inter alia, an overall costs order, which included amendment costs where the successful party had been granted the amendment and costs of an interim injunction. Held: The general rule is that those who obtain permission to amend are ordered to pay the other parties' costs of......

Taylor v Rive Droite Music Ltd [2006] EWHC 2089 (Ch) (21 July 2006)

As the claimants had shown that there was a real risk that any judgments made in their favour would not be satisfied, freezing orders in varying amounts were made against the defendant. ......

Taylor Walton (A Firm) v Laing [2007] EWCA Civ 1146 (15 November 2007)

Where the foundation of a professional negligence action rested on a challenge of the findings of fact in an earlier case between the protagonist and a third party in which the defendant had participated as a witness and as solicitor for one of the parties then it should be struck out as an abuse ......

Telles v South West Strategic Health Authority [2008] EWHC 292 (QB) (26 February 2008)

The Claimant was diagnosed at birth with pulmonary valve atresia. An infusion was performer to improve the oxygen levels. A further operation was carried out to insert a shunt between the left subclavian artery and the left pulmonary artery thereby passing the closed or near closed pulmonary valve.......

Terence Connelly v Whitbread Plc [2012] CSIH 51 - 8th June 2012

The appellant was injured in playing on a carpet indoor tennis-court due to the type of shoe he was wearing. He sought but was denied damages from the owner of the leisure facility and in 2009 appealed to the Sherriff Principal. In this second appeal, the court of Sessions held that at first ins......

Terence Patrick Ewing v. Times Newspapers Limited [2010] CSIH 67

The pursuer and reclaimer had sued for "unlimited damages/solatium including actio iniuriarum" in respect of an article published by the defender and respondent on 11 February 2007 in the Sunday Times Scotland edition, and on two related websites. The court recounted that the pursuer and reclaimer......

Terry v Tower Hamlets LBC, High Ct, 15/12/2005

Indemnity Costs and Delay. The claimant, in a successful action that should have been commenced in the county court, was not prohibited on the grounds of jurisdiction from recovering the costs he ordinarily would have been awarded, where the actions of the defendant had caused delay in the proceedi......

Tesco Stores Ltd & Anr v Pollard & Anr, CA (Civ Div) 12/4/2006

Consumer Protection Act 1987. The test as to whether a product had a defect under the Consumer Protection Act 1987 was what persons generally were entitled to expect. In the instant case a consumer was generally entitled to expect that a bottle of dishwasher powder that had a child resistant clo......

Teviotdale v Norwich Union Insurance Limited ? Dumfries Sheriff Court, 23 June 2009

Following a Proof in a Small Calim action, the Sheriff found in favour of the Pursuer and granted Decree for just under £1,000. He was addressed in the question of expenses and found the Defenders liable to the Pursuer in expenses as assessed in the Summary Cause Scale on the basis that there......

TFL Management Services Ltd v Lloyds Bank Plc [2013] EWCA Civ 1415 - 14/11/13

Appeal against strike-out raising the issue of whether an unsuccessful claimant may recover costs against a third party who benefits from the final judgment on the ground of unjust enrichment. The respondent sought summary judgment. Appeal allowed. Application for summary judgment refused. Held:......

Thames Chambers Solicitors v Miah (Rev 1) [2013] EWHC 1245 (QB) - 16/05/13

Appeal against a wasted costs order against solicitors instructed by a bankrupt claimant granted on the ground that they conducted litigation in the absence of consent by the trustee in bankruptcy. Held: A wasted costs order application may be made orally in the course of any hearing (CPD (CPR P......

Thames Trains Ltd & Anor v Adams [2006] EWHC 3291 (QB) (20 December 2006)

Where solicitors were negotiating a compromise and one party made an offer to compromise at a greater figure than that which had previously been offered by the other party but through mistake had not yet been received by the present offeror, there was no duty to advise of the earlier offer. Consequ......

The Bank of Ireland & Anor v Philip Pank Partnership [2014] EWHC 284 (TCC) - 12/02/14

The issue was whether a failure to include a full Statement of Truth in a costs budget breached CPR 3.13. Held: There is nothing in the rules or practice directions which requires any and every failure to comply with the formal requirements for budgets as rendering the budget a ity. Although the......

The Chief Constable Northern Constabulary ?v- A ? Inverness Sheriff Court, 25 May 2010

This appeal to the Sheriff Principal related to a summary application seeking a Sexual Offences Prevention Order against the Defender/Appellant in terms of s104 of the Sexual Offences Act 2003. At an earlier hearing in August 2009, the Defender had not appeared and the Sheriff had decided that......

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