The court refused to grant a certificate of inadequacy under the Drug Trafficking Act 1994 s.17 in respect of a confiscation order imposed after the applicant was convicted of importing cocaine. Instead of providing an honest account of the profit he made from his criminal activities, he simply ignored the evidence that he had made … Continue reading PRICE v CROWN PROSECUTION SERVICE (2016)
Month: September 2016
LSREF III WIGHT LTD v MILLVALLEY LTD (2016)
A restructured swap agreement had mistakenly referred to the wrong version of the International Swaps and Derivatives Association master agreement, but the drafting had not gone so wrong that the court could correct it. However, the agreement would be rectified as the parties had had a continuing common intention about which version of the master … Continue reading LSREF III WIGHT LTD v MILLVALLEY LTD (2016)
R (on the application of ANDREW JEDWELL) (Claimant) v DENBIGHSHIRE COUNTY COUNCIL (Defendant) & (1) DH JONES (2) DR JONES (Interested Parties) (2016)
The court set out guidance on the giving of reasons in cases where a local planning authority had issued a negative screening opinion under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 ruling out the need for an environmental impact assessment in determining a planning application. The court was required … Continue reading R (on the application of ANDREW JEDWELL) (Claimant) v DENBIGHSHIRE COUNTY COUNCIL (Defendant) & (1) DH JONES (2) DR JONES (Interested Parties) (2016)
R (on the application of FREEMONT (DENBIGH) LTD) (Claimant) v WELSH MINISTERS (Defendants) & DENBIGHSHIRE COUNTY COUNCIL (Interested Party) : FREEMONT (DENBIGH) LTD v (1) WELSH MINISTERS (2) DENBIGHSHIRE COUNTY COUNCIL (2016)
The Welsh Ministers had rightly confirmed (i) notices issued by a local authority under the Planning (Listed Buildings and Conservation Areas) Act 1990 s.55 entitling it to recover its expenses of carrying out works to preserve listed buildings; (ii) a compulsory purchase order authorising the local authority to acquire the site of the listed buildings. … Continue reading R (on the application of FREEMONT (DENBIGH) LTD) (Claimant) v WELSH MINISTERS (Defendants) & DENBIGHSHIRE COUNTY COUNCIL (Interested Party) : FREEMONT (DENBIGH) LTD v (1) WELSH MINISTERS (2) DENBIGHSHIRE COUNTY COUNCIL (2016)
MONARCH AIRLINES LTD v YAQAB (2016)
A permanent anti-harassment injunction was granted against an airline's former cabin attendant who had launched a campaign of intimidation against the company's employees following the failure of his unfair dismissal claim. The applicant airline company applied for a permanent anti-harassment injunction against the respondent former employee. The respondent had worked for the airline as a … Continue reading MONARCH AIRLINES LTD v YAQAB (2016)
R v M (2016)
An offender who, with another, had prevented a rape victim from calling the police for fear that police involvement would result in loss of their tenancy, had his prison sentence of six years for false imprisonment and a concurrent three years for assault reduced to match that of the co-accused, namely four-and-a-half and two years … Continue reading R v M (2016)
SECRETARY OF STATE FOR BUSINESS, INNOVATION & SKILLS v HARRISS & ORS (2016)
A company director, who had agreed to a four-year disqualification, would be permitted to act as director on an interim basis until the full hearing of his application for permission to continue to act as director. He had an arguable case that it was necessary for him to act as director, and appropriate arrangements to … Continue reading SECRETARY OF STATE FOR BUSINESS, INNOVATION & SKILLS v HARRISS & ORS (2016)
(1) ANTONIO CALIENDO (2) BARNABY HOLDINGS LLC v (1) MISHCON DE REYA (A Firm) (2) MISHCON DE REYA LLP (2016)
The fact that a professional negligence claim had been brought on a factual premise which was fundamentally false and which the claimants knew to be false was sufficient to take the case out of the norm, justifying an order that the defendants' costs should be awarded on the indemnity basis. The court was required to … Continue reading (1) ANTONIO CALIENDO (2) BARNABY HOLDINGS LLC v (1) MISHCON DE REYA (A Firm) (2) MISHCON DE REYA LLP (2016)
R v GARFIELD RICARDO STEWART (2016)
CRIMINAL EVIDENCE - SENTENCING - CRIMINAL PROCEDUREADMISSIBILITY : BAD CHARACTER : FIREARMS OFFENCES : GANGS : JURY DIRECTIONS : POSSESSION OF FIREARMS WITH INTENT : SENTENCE LENGTH : YOUNG OFFENDERS : CRIMINAL JUSTICE ACT 2003 s.98, s.101(1)(d) A recorder had properly directed the jury that gang-related evidence, admitted under the Criminal Justice Act 2003 s.98, … Continue reading R v GARFIELD RICARDO STEWART (2016)
FLOREAT MERCHANT BANK LTD v VS ONE AS (2016)
CIVIL PROCEDUREDISCLOSURE : STRIKING OUT : TRIAL DIRECTIONS A claim, defence and counter claim were struck out two weeks before a trial date where the parties had failed to progress the case or comply with directions. Two previous trial dates had been vacated, and while the defendant was largely culpable for failing to provide disclosure, … Continue reading FLOREAT MERCHANT BANK LTD v VS ONE AS (2016)
Law Lessons 4 Life 