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)

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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)

MARY PATRICIA MUTCH v JAMES MUTCH (2016)

A judge had been wrong to find that he did not have the power to extend a spousal maintenance period. The original order had not excluded the wife's right to apply for such an extension, and on the evidence the application to extend had been made prior to the payment term ending. The wife appealed … Continue reading MARY PATRICIA MUTCH v JAMES MUTCH (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)

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)