The defendant Danish shipowner challenged the jurisdiction of the court on the basis that the proceedings had not been validly served on it in Denmark and the claimant shippers applied for service to be validated or dispensed with. The shipowner had issued bills of lading to the claimants, who were Ethiopian shippers who exported … Continue reading ASEFA YESUF IMPORT & EXPORT AND ORS (2016)
SYLVIE AYA AGOUMAN v LEIGH DAY (A FIRM) (2016)
The claimant brought an action in professional negligence against the defendant solicitors for recovery of her share of a settlement sum in group litigation. The solicitors had acted for a group of claimants from the Ivory Coast in relation to the discharge of chemical waste from a tanker. The litigation was settled in September … Continue reading SYLVIE AYA AGOUMAN v LEIGH DAY (A FIRM) (2016)
R (on the application of TERESA TAINTON) (Claimant) v HM SENIOR CORONER FOR PRESTON & WEST LANCASHIRE (Defendant) & LANCASHIRE CARE NHS TRUST (Interested Party) (2016)
The claimant applied for judicial review of the defendant coroner's inquest into her son's death. The deceased had died of oesophageal cancer while in custody. An inquest was held at which the NHS trust responsible for his medical care, the interested party, admitted to shortcomings in his medical care. The coroner decided to withdraw … Continue reading R (on the application of TERESA TAINTON) (Claimant) v HM SENIOR CORONER FOR PRESTON & WEST LANCASHIRE (Defendant) & LANCASHIRE CARE NHS TRUST (Interested Party) (2016)
BALVINDER SINGH v (1) SALINDER SINGH (2) SUKHJIND KAUR (3) GLASS EXPRESS MIDLANDS LTD (4) GEM BLINDS LTD (2016)
The claimant applied for a declaration that he was the beneficial owner of 50% of the shares in the third defendant company (Glass) and 45% of the shares in the fourth defendant company (Blinds). The claimant's case was that he and the first defendant had incorporated the companies on the basis of each having … Continue reading BALVINDER SINGH v (1) SALINDER SINGH (2) SUKHJIND KAUR (3) GLASS EXPRESS MIDLANDS LTD (4) GEM BLINDS LTD (2016)
TRIDENT MAINTAIN LTD v FALCON INVESTMENT LTD (2016)
The claimant contractor applied for summary judgment to enforce an adjudicator's decision in its favour and the defendant applied for a stay of execution. The parties had entered into a building contract. Disputes arose concerning in particular the value of an interim payment application. The claimant referred the matter to adjudication and the adjudicator … Continue reading TRIDENT MAINTAIN LTD v FALCON INVESTMENT LTD (2016)
MOAZZAM BEGG v HM TREASURY (2016)
The appellant appealed against a decision ([2015] EWHC 1851 (Admin), [2015] 1 W.L.R. 4424) refusing his application for a protective costs order. In February 2014, the appellant had been charged with seven terrorism offences. In March 2014, he was made subject to a designation order under the Terrorist Asset-Freezing etc. Act 2010 s.2(1). In … Continue reading MOAZZAM BEGG v HM TREASURY (2016)
R (ON THE APPLICATION OF XY) (Claimant) v MAIDSTONE BOROUGH COUNCIL (Defendant) & THOMAS SMITH (Interested Party) (2016)
The claimant applied for judicial review of the defendant local authority's decision to grant planning permission to the interested party for the change of use of land. The application site formed part of a wider site which had been granted planning permission for the retention of a mobile home, a touring caravan and a … Continue reading R (ON THE APPLICATION OF XY) (Claimant) v MAIDSTONE BOROUGH COUNCIL (Defendant) & THOMAS SMITH (Interested Party) (2016)
TOBIAS BOWEN v (1) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2) UNITED STATES OF AMERICA (2016)
The appellant (B) appealed against the respondent secretary of state's decision to order his extradition to the US. He sought permission to appeal on the ground that his extradition would breach ECHR art.5. The US government had requested B's extradition to New York in respect of allegations of sexual offences. New York law provided … Continue reading TOBIAS BOWEN v (1) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2) UNITED STATES OF AMERICA (2016)
OZLEM KUPELI & ORS v (1) KIBRIS TURK HAVA YOLLARI SIRKETI (T/A CYPRUS TURKISH AIRLINES) (2) ATLASJET HAVACILIK ANONIM SIRKETI (2016)
The court was required to determine issues in relation to costs following a claim for damages brought by the claimant passengers against the defendant airline. The passengers had sought to recover damages for breach of contract or compensation following the airline's failure to provide them with replacement flights after another airline's operator's certificate was … Continue reading OZLEM KUPELI & ORS v (1) KIBRIS TURK HAVA YOLLARI SIRKETI (T/A CYPRUS TURKISH AIRLINES) (2) ATLASJET HAVACILIK ANONIM SIRKETI (2016)
ZUMAX NIGERIA LTD v FIRST CITY MONUMENT BANK PLC (2016)
A Nigerian bank appealed against the dismissal ([2014] EWHC 2075 (Ch)) of its applications for an extension of time in which to challenge the jurisdiction of the English court and for relief from sanctions. The company, which was incorporated in Nigeria, claimed that between 2000 and 2002 monies had been transferred from its London … Continue reading ZUMAX NIGERIA LTD v FIRST CITY MONUMENT BANK PLC (2016)
Law Lessons 4 Life 