TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC (2016)

The language of an exclusion clause made between commercially equal parties was clear in excluding liability for consequential losses in the form of "spread costs". Freedom of contract meant the court had been wrong to impose a restricted construction on the clause where the parties had agreed that neither should be liable to the other … Continue reading TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC (2016)

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LSREF III WIGHT LTD v GATELEY LLP (2016)

  The alleged transactional loss sustained by a lender that had advanced money to a company for a first legal charge over a property on the basis of negligent legal advice was calculated as at the trial date, not the transaction date, in circumstances where the loss had not been crystallised by realisation of the … Continue reading LSREF III WIGHT LTD v GATELEY LLP (2016)

RE N (CHILDREN) (2016)

The court considered the proper approach to determining applications to transfer care proceedings to foreign courts under Regulation 2201/2003 art.15. The issues of whether a court was "better placed" to hear proceedings and whether transfer was in the "best interests" of the child were separate questions which had to be addressed separately. If a foreign … Continue reading RE N (CHILDREN) (2016)

LYNN SHELLFISH LTD & ORS v LOOSE & ANOR (2016)

The extent of an exclusive prescriptive right to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of Norfolk, was to be determined, on its western, seaward boundary, by reference to the lowest astronomical tide. The right did not extend to sandbanks which … Continue reading LYNN SHELLFISH LTD & ORS v LOOSE & ANOR (2016)

QS v RS (2015)

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)

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)