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)
RE H (A CHILD) (2016)
ADMINISTRATION OF JUSTICE - FAMILY LAW - SENTENCING CHILDREN'S WELFARE : CIVIL CONTEMPT : COMMITTAL FOR CONTEMPT : NON-COMPLIANCE : PROHIBITED STEPS ORDERS : SUSPENDED SENTENCES A 12-month custodial sentence for contempt of court, suspended for 12 months, was not excessive for a mother who had repeatedly breached a prohibited steps order. She had been … Continue reading RE H (A CHILD) (2016)
(1) GLOBE MOTORS INC (2) GLOBE MOTORS PORTUGAL-MATERIAL ELECTRICO PARA A INDUSTRIA AUTOMOVEL LDA (3) SAFRAN USA INC v (1) TRW LUCAS VARITY ELECTRIC STEERING LTD (2) TRW LTD (2016)
CONTRACTS - INDUSTRY BREACH OF CONTRACT : CARS : CONTRACT TERMS : ENGINEERING : EXCLUSIVE SUPPLY AGREEMENTS : INTERPRETATION : LONG-TERM CONTRACTS : MANUFACTURING : MOTOR INDUSTRY : VARIATION : VEHICLE COMPONENTS A supplier of electric power assisted steering systems to car manufacturers was not in breach of an exclusive supply agreement when it sourced … Continue reading (1) GLOBE MOTORS INC (2) GLOBE MOTORS PORTUGAL-MATERIAL ELECTRICO PARA A INDUSTRIA AUTOMOVEL LDA (3) SAFRAN USA INC v (1) TRW LUCAS VARITY ELECTRIC STEERING LTD (2) TRW LTD (2016)
SHIPOWNERS’ MUTUAL PROTECTION & INDEMNITY ASSOCIATION (LUXEMBOURG) v CONTAINERSHIPS DENIZCILIK NAKLIYAT VE TICARET AS (2016)
INSURANCE - CIVIL PROCEDURE - SHIPPING ANTI-SUIT INJUNCTIONS : MARINE CARGO INSURANCE : PROTECTION AND INDEMNITY CLUBS : SERVICE OUT OF JURISDICTION : TIME CHARTERS The court maintained an anti-suit injunction restraining proceedings brought in Turkey against a Protection and Indemnity Club by a charterer pursuant to a right of direct action conferred by Turkish … Continue reading SHIPOWNERS’ MUTUAL PROTECTION & INDEMNITY ASSOCIATION (LUXEMBOURG) v CONTAINERSHIPS DENIZCILIK NAKLIYAT VE TICARET AS (2016)
MAYOR’S OFFICE FOR POLICING & CRIME v MITSUI SUMITOMO INSURANCE CO (EUROPE) LTD & ORS (2016)
POLICE - DAMAGES COMPENSATION : CONSEQUENTIAL LOSS : DAMAGE TO PROPERTY : POLICE AUTHORITIES : RIOT : TUMULTUOUS ASSEMBLY : RIOT (DAMAGES) ACT 1886 s.2(1) The Riot (Damages) Act 1886 s.2(1) provided compensation only for physical damage to property and not for consequential losses such as loss of profits or rent. The appellant police authority … Continue reading MAYOR’S OFFICE FOR POLICING & CRIME v MITSUI SUMITOMO INSURANCE CO (EUROPE) LTD & ORS (2016)
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R (on the application of (1) FR (ALBANIA) (2) KL (ALBANIA)) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)
The court set aside decisions of the secretary of state certifying the claims for refugee status of two asylum seekers as "clearly unfounded" under the Nationality, Immigration and Asylum Act 2002 s.94(3). The claims did not admit of only one answer before a First-tier Tribunal properly directing itself as to the law and the evidence, … Continue reading R (on the application of (1) FR (ALBANIA) (2) KL (ALBANIA)) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)
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