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)

NEW TASTY BAKERY LTD v MA ENTERPRISE (UK) LTD (2016)

A claimant was ordered to provide security for costs where its accounts showed that it was in financial difficulties, it owed substantial sums to its director and sole shareholder who could call for repayment at any time, and although it had alleged that an order would stifle its claim it had failed to produce any … Continue reading NEW TASTY BAKERY LTD v MA ENTERPRISE (UK) LTD (2016)