MOHAMMED KHAWAJA v (1) PARESH POPAT (2) ANJU POPAT (2016)

A company director had breached a freezing injunction by procuring the company's breach of a requirement not to deal with assets and by failing to comply with a requirement to provide information. He was in contempt of court and it was irrelevant that he claimed not to have intended to breach the injunction. The judge … Continue reading MOHAMMED KHAWAJA v (1) PARESH POPAT (2) ANJU POPAT (2016)

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MOHAMED ALI HARRATH v (1) STAND FOR PEACE LTD (2) SAMUEL WESTROP (2016)

The law as to what might properly play a part in the assessment of damages for a defamatory allegation was clear. There were defined categories, such as facts proved in partial justification, which were recognised as legitimate bases for reducing damages. The mere fact that something had been mentioned in an article complained of as … Continue reading MOHAMED ALI HARRATH v (1) STAND FOR PEACE LTD (2) SAMUEL WESTROP (2016)

R (on the application of AMIN SINO) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)

In assessing costs under CPR r.44.2, courts could and ought to take into account the fact that lawyers practising in publicly-funded work might not be able to recover remuneration at inter partes rates where they were successful, and that there was a real risk that publicly-funded practices would be unsustainable and access to justice compromised. … Continue reading R (on the application of AMIN SINO) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)

NEW TASTY BAKERY LTD v MA ENTERPRISE (UK) LTD (2016)

A claimant was ordered to provide security for costs where its accounts showed that it was in financial difficulties, it owed substantial sums to its director and sole shareholder who could call for repayment at any time, and although it had alleged that an order would stifle its claim it had failed to produce any … Continue reading NEW TASTY BAKERY LTD v MA ENTERPRISE (UK) LTD (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)

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)

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)