The appellant (D) appealed against a sentence of eight years' imprisonment imposed following his guilty plea to rape. D was 56 years old. When aged 28 he had raped the victim as she walked home during the early hours of the morning. Seizing her from behind by putting his arm around her neck, he had … Continue reading R v JIMMI DYER (2016)
LIVERPOOL VICTORIA INSURANCE CO LTD v KHAN & ORS (2016)
An insurance company applied for permission to bring contempt proceedings against the second and third respondents (R2 and R3). R3, a doctor, had examined a driver who had been in an accident in December 2011. His report, dated 17 February 2012, said the driver had symptoms including muscle spasms and continuing pain. The driver's solicitors, … Continue reading LIVERPOOL VICTORIA INSURANCE CO LTD v KHAN & ORS (2016)
LOUNIS v NEWHAM LONDON BOROUGH COUNCIL (2016)
The appellant appealed against a refusal to extend time to allow him to appeal against the respondent local authority's decision that it had discharged its duty to house him. The appellant had made an application for interim accommodation and the local authority had accepted that it had a duty to house him and his family. … Continue reading LOUNIS v NEWHAM LONDON BOROUGH COUNCIL (2016)
IN THE MATTER OF THE BARONETCY OF PRINGLE OF STICHILL (2016)
In a reference under the Judicial Committee Act 1833 s.4, the board was required to advise Her Majesty as to who was entitled to be entered onto the Official Roll of the Baronetage as the Baronet of Pringle of Stichill and whether DNA evidence was admissible to determine the question. The baronetcy, which was governed … Continue reading IN THE MATTER OF THE BARONETCY OF PRINGLE OF STICHILL (2016)
LOWIN v W PORTSMOUTH & CO LTD (2016)
The appellant appealed against a master's order concluding that the costs of a provisional costs assessment were capped under CPR r.47.15(5). The appellant had claimed against the respondent company for damages, but accepted the respondent's Part 36 offer. The appellant made a Part 36 offer for her costs. A judge ordered the respondent to pay … Continue reading LOWIN v W PORTSMOUTH & CO LTD (2016)
CPL LTD v CPL OPCO (TRINIDAD) LTD (2016)
The claimant applied for permission to add an additional defendant to its claim and to re-amend the particulars of claim to make a claim against that party. The claimant was the originator of a cricket league staged in the West Indies. The defendant, a company incorporated in Trinidad and Tobago, had been set up for … Continue reading CPL LTD v CPL OPCO (TRINIDAD) LTD (2016)
JANUS CAPITAL MANAGEMENT LLC v SAFEGUARD WORLD INTERNATIONAL LTD (2016)
The claimant investment management company (J) claimed that the defendant payroll company (S) was in breach of contract. In the alternative, J made claims for breach of fiduciary duty and breach of duty of care. J was based in the US but had employees in several different countries. S provided international payroll processing services to … Continue reading JANUS CAPITAL MANAGEMENT LLC v SAFEGUARD WORLD INTERNATIONAL LTD (2016)
JAPAN MPV MOTORS LTD v REVENUE & CUSTOMS COMMISSIONERS (2016)
Where a car dealership accepted the return of a car from a customer on the ground that it was defective, and agreed to supply a different car at a future time, the date of the original sale was not the point of supply for VAT purposes. VAT was a tax on turnover generated from the … Continue reading JAPAN MPV MOTORS LTD v REVENUE & CUSTOMS COMMISSIONERS (2016)
HURRY NARAIN PURRUNSING v (1) A’COURT & CO (A FIRM) (2) HOUSE OWNERS CONVEYANCERS LTD (2016)
The claimant sought damages for breach of trust against the first defendant solicitors and the second defendant conveyancer. The claim arose out of the purported sale to the claimant of a property by a fraudster who claimed to be, but was not, the registered proprietor of the property. By the time the fraud was discovered, … Continue reading HURRY NARAIN PURRUNSING v (1) A’COURT & CO (A FIRM) (2) HOUSE OWNERS CONVEYANCERS LTD (2016)
EIGHT REPRESENTATIVE CLAIMANTS & ORS v MGN LTD (2016)
The court had to determine whether conditional fee agreement (CFA) legislation, which allowed the recovery of additional liabilities in defamation and privacy cases, was incompatible with ECHR art.10. The claimants had sought damages for invasion of privacy after their phones were hacked by the defendant newspaper publisher. Eight of the claimants had gone to trial, … Continue reading EIGHT REPRESENTATIVE CLAIMANTS & ORS v MGN LTD (2016)
Law Lessons 4 Life 