MOHAMMED KHAWAJA v (1) PARESH POPAT (2) ANJU POPAT (2016)

A company director had breached a freezing injunction by procuring the company's breach of a requirement not to deal with assets and by failing to comply with a requirement to provide information. He was in contempt of court and it was irrelevant that he claimed not to have intended to breach the injunction. The judge … Continue reading MOHAMMED KHAWAJA v (1) PARESH POPAT (2) ANJU POPAT (2016)

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WALID YOUSIF v COMMISSIONER OF POLICE OF THE METROPOLIS (2016)

The judge below had been correct to conclude that the appellant's treatment while in police custody did not give rise to a breach of ECHR art.3 or art.8. The strip search and cell move (while unclothed) to which he had been subjected had resulted from his own failure to engage with officers at the police … Continue reading WALID YOUSIF v COMMISSIONER OF POLICE OF THE METROPOLIS (2016)

HAMISH MACDONALD v MYERSCOUGH COLLEGE (2016)

A college which provided training to students intending to become tree surgeons was liable in negligence, by reason of inadequate supervision, to a student who had fallen from a tree during a training exercise. However, the student should bear 65% of the responsibility for the accident, having inexplicably released a safety device which would have … Continue reading HAMISH MACDONALD v MYERSCOUGH COLLEGE (2016)

COMMODITIES RESEARCH UNIT INTERNATIONAL (HOLDINGS) LTD AND ORS v KING & WOOD MALLESONS LLP (FORMERLY KNOWN AS SJ BERWIN LLP) (2016)

A firm of solicitors advising a group of companies regarding the termination of the employment of a chief executive officer had not been asked to advise and had not breached its duty by not advising on the interpretation of an incentive plan clause. However, it had been in breach of its duty of care by … Continue reading COMMODITIES RESEARCH UNIT INTERNATIONAL (HOLDINGS) LTD AND ORS v KING & WOOD MALLESONS LLP (FORMERLY KNOWN AS SJ BERWIN LLP) (2016)

IN THE MATTER OF BRIAN HERBERT COOKE sub nom BRIAN HERBERT COOKE v DUNBAR ASSETS PLC (2016)

A district judge had been plainly right to conclude that a creditor who had presented a bankruptcy petition had not unreasonably refused an offer by the debtor to compound for the relevant debt. The offer, which related to the debtor's half-share of the equity in the matrimonial home, extended to less than a quarter of … Continue reading IN THE MATTER OF BRIAN HERBERT COOKE sub nom BRIAN HERBERT COOKE v DUNBAR ASSETS PLC (2016)

MOHAMED ALI HARRATH v (1) STAND FOR PEACE LTD (2) SAMUEL WESTROP (2016)

The law as to what might properly play a part in the assessment of damages for a defamatory allegation was clear. There were defined categories, such as facts proved in partial justification, which were recognised as legitimate bases for reducing damages. The mere fact that something had been mentioned in an article complained of as … Continue reading MOHAMED ALI HARRATH v (1) STAND FOR PEACE LTD (2) SAMUEL WESTROP (2016)

R (on the application of AMIN SINO) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)

In assessing costs under CPR r.44.2, courts could and ought to take into account the fact that lawyers practising in publicly-funded work might not be able to recover remuneration at inter partes rates where they were successful, and that there was a real risk that publicly-funded practices would be unsustainable and access to justice compromised. … Continue reading R (on the application of AMIN SINO) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)