Archive: February, 2012

Late Disclosure Will Be Allowed if It Helps the Court to Arrive at a Just and Fair Decision

Posted on 02/29/12 by AAH No Comments
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Comments; This is how it should and ought to be. Many of my opponents blow hot and cold about late disclosure. But there is a fundamental premise that a trial judge should have all the available evidence to enable him/her to reach just and fair decision. GRUPO HOTELERO URVASCO SA v CAREY VALUE ADDED SL [...]

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Greater Duty on Police Cars Driving at Speed Through City Centers.

Posted on 02/24/12 by AAH No Comments
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REBECCA ANN SMITH v CHIEF CONSTABLE OF NOTTINGHAMSHIRE (2012) [2012] EWCA Civ 161 CA (Civ Div) (Ward LJ, Lloyd LJ, Kitchin LJ) 23/02/2012 A judge had erred in finding that a police officer whose car had struck a pedestrian was keeping a proper lookout and in finding that the pedestrian had shown a reckless disregard [...]

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Unless a Client Is Colluding & Cheating He Can Settle His Claim for Costs With His Opponent.

Posted on 02/23/12 by AAH No Comments
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In Khan the court held that a client was entitled to settle his claim for lawyers fees on his own by serving notice of acting. KHANS SOLICITORS v (1) CHAMA CHIFUNTWE (2) SECRETARY OF STATE FOR THE HOME DEPARTMENT (2012) A compromise as to costs reached between the secretary of state and the claimant himself [...]

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Employer’s Liability Dispute Finally Resolved in Client’s Favour

Posted on 02/22/12 by AAH No Comments

Mr S came to us back in May 2009 when he was working as a concierge in a local hotel for the previous three years. Over this time he was the sole concierge and was required to bring luggage from the street up the steps in to the reception area and thereafter to the appropriate [...]

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Human Rights Act 1998 S.7 Does Not Remove Immunity of Judges From Suit

Posted on 02/22/12 by AAH No Comments
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 FORRESTER KETLEY & CO v DAVID BRENT (2012), In KETLEY the Court of Appeal held  that a judge had been entitled to find that a defendant who had failed to comply with a mandatory order to vacate his property was in contempt of court, and to have imposed a suspended sentence. The defendant’s attempt to issue [...]

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Intervention by Court of Appeal on Apportionment of Liabilty

Posted on 02/21/12 by AAH No Comments
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  The appellant coach company (T) appealed against a decision of the lower court (to the Court of Appeal) it was 70 per cent liable for a road traffic accident in which the respondent motorcyclist (W) was injured. The driver (X) of one of T’s coaches had been driving along a minor road and stopped at [...]

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