The High Court could exercise its inherent jurisdiction in proceedings concerning the custody of a child, who had been adopted in Nepal and was a British national resident in Dubai. The English court was the sole court which could remedy the non-recognisability of adoption at all under UAE law, and the fact that the Nepalese … Continue reading QS v RS (2015)
Category: Cases
JAMES TURNBULL (VALUATION OFFICER) v (1) GOODWYN SCHOOL (2) ANNEMOUNT SCHOOL (3) GOWER HOUSE SCHOOL (2016)
The comparable rental evidence presented by a valuation officer was insufficient to establish that there was a local rental market in small independent primary schools or to determine the rateable values of three such schools. Their respective rateable values would be determined using the contractor's basis. The appellant valuation officer appealed against determinations by the … Continue reading JAMES TURNBULL (VALUATION OFFICER) v (1) GOODWYN SCHOOL (2) ANNEMOUNT SCHOOL (3) GOWER HOUSE SCHOOL (2016)
CAROLE SLOPER v LLOYDS BANK PLC (2016)
In a claim against a bank by a former employee for damages for mesothelioma, the employee's recollection that branches where she had worked 30 to 40 years earlier had had asbestos suspended ceilings was not supported by the objective evidence of contemporaneous documentation. The claimant (S) claimed damages for mesothelioma, which she claimed to have … Continue reading CAROLE SLOPER v LLOYDS BANK PLC (2016)
E BUYER UK LTD v REVENUE & CUSTOMS COMMISSIONERS : REVENUE & CUSTOMS COMMISSIONERS v CITIBANK NA (2016)
In proceedings concerning missing trader intra-community fraud where HMRC alleged in its statement of case that the taxpayer "knew or should have known" that its transactions formed part of an overall scheme to defraud the Revenue, that amounted to an allegation of dishonest conduct. HMRC was therefore required to provide proper particulars of what the … Continue reading E BUYER UK LTD v REVENUE & CUSTOMS COMMISSIONERS : REVENUE & CUSTOMS COMMISSIONERS v CITIBANK NA (2016)
DUNNETT INVESTMENTS LTD v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2) EAST DORSET DISTRICT COUNCIL (2016)
A planning condition which stated that the property could be used for "no other purpose whatsoever, without express planning consent from the Local Planning Authority first being obtained" was sufficiently clear to exclude the operation of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013. The applicant (D) applied to quash a … Continue reading DUNNETT INVESTMENTS LTD v (1) SECRETARY OF STATE FOR COMMUNITIES & LOCAL GOVERNMENT (2) EAST DORSET DISTRICT COUNCIL (2016)
MONDE PETROLEUM SA v WESTERNZAGROS LTD (2016)
An application for specific disclosure made five weeks before a trial which sought a search of a server containing two billion documents was too late, unlikely to uncover anything of relevance, and would be a disproportionately costly exercise. The claimant applied for specific disclosure from the defendant in respect of a claim which was listed … Continue reading MONDE PETROLEUM SA v WESTERNZAGROS LTD (2016)
RXS v YJ LOVELL (BUILDING) LTD & ORS (2016)
Where the second defendant had settled the claimant's claim for damages for exposure to asbestos leading to mesothelioma, the court granted permission for the second defendant to bring an additional claim for contribution against the first defendant, rather than issuing fresh proceedings. The second defendant applied to make an additional claim against the first defendant … Continue reading RXS v YJ LOVELL (BUILDING) LTD & ORS (2016)
SIDO JOHN v CENTRAL MANCHESTER & MANCHESTER CHILDREN’S UNIVERSITY HOSPITALS NHS FOUNDATION TRUST (2016)
The costs of a claimant awarded damages for clinical negligence were reduced by 5% where there had been a very late and significant reduction in his claim for loss of earnings. He was also required to bear the cost of a claim that he had not pursued at trial arising out of the same action. … Continue reading SIDO JOHN v CENTRAL MANCHESTER & MANCHESTER CHILDREN’S UNIVERSITY HOSPITALS NHS FOUNDATION TRUST (2016)
R v NIX (2016)
In a trial involving sexual offences committed by a father against his two daughters, a judge had been entitled to allow into evidence the father's previous conviction for sexual assault against his step-daughter. The father's convictions were not rendered unsafe by the judge's summing up, despite its defects. The appellant appealed against his conviction for … Continue reading R v NIX (2016)
SWINDON BOROUGH COUNCIL v WEBB (T/A PROTECTIVE COATINGS) (2016)
A recorder, in releasing a contemnor eight days into his four-month sentence, had erred in failing to give proper consideration to the question of whether he had received sufficient punishment for his breaches of an order or whether the interests of justice would best be served by permitting his early discharge. The appellant local … Continue reading SWINDON BOROUGH COUNCIL v WEBB (T/A PROTECTIVE COATINGS) (2016)
Law Lessons 4 Life 