News – Page 255
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News
Pre-litigation offers and part 36
How should pre-litigation offers to settle be treated in the light of part 36 of the Civil Procedure Rules (CPR) and Trustees of Stokes Pension Fund v Western Power Distribution Power Distribution (South West) plc [2005] EWCA Civ 854, [2005] 1 WLR 3595 (Stokes)? This was the question before Lord ...
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Unsafe conviction
Juror - Bias - Defendants conceiving of idea for ‘Lapland New Forest’ attraction R v Mears and another: CA (Crim Div) (Lord Justice Moore-Bick, Mr Justice Butterfield, Mr Justice Irwin): 10 November 2011 ...
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Vicarious liability
Roman Catholic church - Liability for tortious acts of priest GE v English Province of Our Lady of Charity and another: QB (Mr Justice Macduff): 8 November 2011 The claimant ...
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A worrying precedent
The Court of Appeal will soon be asked to decide how far an employer has to go in order to comply with its duty to inform an employee that they have a legal right. The case of R v R Plant Hire (Peterborough) Ltd v Bailey has worrying implications for ...
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Summary Judgment
Solicitor - Undertaking - Claimant company seeking to finance purchase of ship Global Marine Drillships Ltd v Landmark Solicitors LLP and others: Chancery Division (Mr Justice Henderson): 24 October 2011 ...
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Damage limitation
In Co-operative Group (CWS) Ltd v Pritchard [2011] EWCA Civ 329, [2011] All ER(D) 312 (Mar), the Court of Appeal considered whether contributory negligence could be raised as a defence to a claim for damages for the torts of assault and battery.
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Bankruptcy
Trustee in bankruptcy - Costs - Claimant trustee in bankruptcy commencing proceedings on behalf of estate Hunt (as trustee in bankruptcy of Janan George Harb) v Harb and another: Court of Appeal, Civil Division (Lord Neuberger, Lords Justice ...
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Fiduciary duty revisited: I’m unlawful - strike me down!
American comedian Bob Newhart (famous for his monologue sketches) imagined Sir Walter Raleigh as a salesman phoning base about his discovery of tobacco. The response to Sir Walter was not, however, encouraging: ‘I think you’re gonna have rather a tough time selling people on sticking burning leaves in their mouths… ...
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Extradition
Extradition hearing - European Arrest Warrant - Extradition Act 2003 Assange v Swedish Judicial Authority: QBD (Divisional Court) (Sir John Thomas (president), Mr Justice Ouseley): 2 November 2011 The appellant ...
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Immigration
Asylum seeker - Asylum support - Claimant's asylum application and appeal being refused R (on the application of VC and others) v Newcastle City Council; R (on the application of K) v Newcastle City Council: Queen's Bench Division, Divisional ...
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Arbitration
Award - Appeal - Challenge to award on ground of serious irregularity Micoperi SrL v Shipowners' Mutual Protection & Indemnity Association (Luxembourg): Queen's Bench Division, Commercial Court (Mr Justice Burton): 21 October 2011 ...
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Jurisdiction
Practice - Service out of the jurisdiction - Action or contract governed by English law Saad Investments Company Ltd v Al-Sanea: Queen's Bench Division, Commercial Court (Mr Justice Walker): 14 October 2011 ...
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Jurisdiction
Claim form - Service - Service out of the jurisdiction SSL International plc and another v TTK LIG Ltd and others: Court of Appeal, Civil Division (Lords Justice Mummery, Arden and Stanley Burnton): 19 October 2011 ...