Category: General Litigation

There Was No Reason for Predictive Costs to Operate as a Cap on What Was Properly Recoverable Under a CPR Pt 44 Assessment.

Posted on 04/10/12 by AAH No Comments

LETTS v ROYAL SUN ALLIANCE PLC (2012) ~ Sen Cts Costs Office (Mackay J, Senior Costs Judge Hurst, Colin Jaque) 03/04/2012  A costs officer had acted perfectly legitimately in assessing the costs of the successful claimant in a case involving a low velocity rear end shunt, even though the costs far exceeded the damages accepted [...]

Read more

The Starting Point of an Order for Costs Was That Costs Should Follow the Event.

Posted on 03/21/12 by AAH No Comments

COMMENTS : This case reaffirms the basic principle that winner should get his legal fees from the looser subject to appottionment for winners dishonest conduct. It also highlights again the importance of making sure that offers made during the life time of the case comply with Pt36 of CPR. Here they were not and N [...]

Read more

Relief From Sanctions Will Not Be Granted Where There Is Undeniable and Lamentable Failure to Comply With the Order of the Court

Posted on 03/19/12 by AAH No Comments

There was no error in a judge’s decision refusing relief from sanctions and ordering outright possession against tenants who had not complied with a court order in possession proceedings, which had been brought as a result of their antisocial behaviour. The appellant tenants (B) appealed against a decision refusing relief from sanctions and upholding an [...]

Read more

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
h_logo_colourmatch

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 [...]

Read more

The solicitors’ Lengthy Time on Police Bail Was Not in Breach of European Convention on Human Rights 1950 art.8.

Posted on 01/17/12 by AAH No Comments
lawclaim C

(1) PETULA FITZPATRICK (2) BRUCE WILKEY (3) THOMAS, BOYD & WHITE (A FIRM) v COMMISSIONER OF POLICE OF THE METROPOLIS (2012) QBD (Admin) (Globe J) 11/1/2012 The first and second claimant solicitors (F and W) claimed damages for assault, battery and false imprisonment from the defendant police force, and a declaration that their human rights [...]

Read more

Private Photos Are Capable of Protection Under art.8 of the European Convention on Human Rights 1950

Posted on 01/10/12 by AAH No Comments
hafezis address edited

 AMP v PERSONS UNKNOWN (2011) An individual was granted an anonymity order under CPR r.39.2(4) and an interim injunction to prevent transmission, storage and indexing of photographic images taken from her mobile phone and uploaded to a website as BitTorrent files. She had a reasonable expectation of privacy in relation to those images capable of [...]

Read more
Lawclaim.net is ranked 9.6 out of 10. Based on 84 user reviews.