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20 Nov 2011, 6:20 am
The White Book, Woodfall and one county court case (Hillbrow (Richmond) Ltd v Alogaily 2005) say that a default judgment isn't good enough. [read post]
20 Nov 2011, 6:20 am
The White Book, Woodfall and one county court case (Hillbrow (Richmond) Ltd v Alogaily 2005) say that a default judgment isn't good enough. [read post]
15 Nov 2011, 1:00 am
It relied on the decision in Prudential Assurance Co Ltd v London Residuary Body [1992] 2 AC 386 as authority for the proposition that a term of uncertain duration cannot create a lease and that consequently, the entire occupancy agreement was void (including cl.6). [read post]
10 Nov 2011, 1:42 am
Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 32What happens to a lease for an uncertain term? [read post]
10 Nov 2011, 1:42 am
Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 32What happens to a lease for an uncertain term? [read post]
29 Oct 2011, 8:22 am
Saxon Weald Homes Ltd v Chadwick [2011] EWCA Civ 1202Mr Chadwick had been given an AST by Saxon Weald as a ‘probationary tenancy’ on 11 August 2008. [read post]
29 Oct 2011, 8:22 am
Saxon Weald Homes Ltd v Chadwick [2011] EWCA Civ 1202Mr Chadwick had been given an AST by Saxon Weald as a ‘probationary tenancy’ on 11 August 2008. [read post]
26 Oct 2011, 5:09 am
Commissioner of Police of the Metropolis & Anor v Times Newspapers Ltd & Anor [2011] EWHC 2705 (QB) Mr Justice Tugendhat has held that, with restrictions, The Times Newspapers Ltd (TNL) should be allowed to use information from leaked documents in its defence to a libel claim brought by the Metropolitan Police Service and the Serious Organised Crime Agency (SOCA). [read post]
25 Oct 2011, 2:08 pm
Commissioner of Police of the Metropolis & Anor v Times Newspapers Ltd & Anor [2011] EWHC 2705 (QB) (24 October 2011) – Read judgment. [read post]
25 Oct 2011, 10:45 am
Standard works (Kennedy's CIF Contracts) and decisions [Johnson v Taylor Bros (1920) AC 144, 155] recognise the following as features of CIF contractsCIF contracts relate to carriage of goods by sea. [read post]
22 Oct 2011, 6:38 am
Indeed, as Lord Hoffmann himself said in BCCI v Ali [2002] 1 AC 251 at 269, the primary source for understanding what the parties meant is their language interpreted in accordance with conventional usage. [read post]
16 Oct 2011, 5:14 am
It has been forcefully argued that the decision of the Court of Appeal is inconsistent with the decision of the House of Lords in Jameel v Wall Street Journal ([2007] 1 AC 359). [read post]
16 Oct 2011, 5:14 am
This is only the second time that the highest court has considered the application of the “responsible publication in the public interest”, first established by the House of Lords in Reynolds v Times Newspapers ([2001] 2 AC 127) nearly 12 years ago. [read post]
10 Oct 2011, 7:49 am
Charles Terence Estates Ltd v Cornwall Council [2011] EWHC 2542 (QB) (subnom oh dear, oh dear)Forgive the length of this note, but this seems to be a significant case with potentially far-reaching ramifications. [read post]
10 Oct 2011, 7:49 am
Charles Terence Estates Ltd v Cornwall Council [2011] EWHC 2542 (QB) (subnom oh dear, oh dear)Forgive the length of this note, but this seems to be a significant case with potentially far-reaching ramifications. [read post]
8 Oct 2011, 8:53 pm
In Heyman v Darwins [(1942) AC 356], the House of Lords stated:"Where proceedings at law are instituted by one of the parties to a contract containing an arbitration clause and the other party, founding on the clause, applies for a stay, the first thing to be ascertained is the precise nature of the dispute which has arisen The next question is whether the dispute is one which falls within the terms of the arbitration clause. [read blog]
8 Oct 2011, 8:53 pm
In Heyman v Darwins [(1942) AC 356], the House of Lords stated:"Where proceedings at law are instituted by one of the parties to a contract containing an arbitration clause and the other party, founding on the clause, applies for a stay, the first thing to be ascertained is the precise nature of the dispute which has arisen The next question is whether the dispute is one which falls within the terms of the arbitration clause. [read post]
7 Oct 2011, 1:08 pm
Bando Chemical Industries, Ltd., 9 F.3d 823 (10th Cir.1993). [read post]
7 Oct 2011, 8:47 am
It would seem “quite wrong” for this court to interpret Article 6 of the Convention as laying down an absolute exclusionary rule of evidence that goes any wider than Strasbourg has already clearly decided to be the case: this was the application of the “Ullah principle” - Lord Bingham’s well known aphorism in (Ullah) v Special Adjudicator [2004] 2 AC 323 at para 20. [read post]
5 Oct 2011, 2:55 am
“It has long been established that at common law a person cannot avoid liability for fraudulent statements by inserting a clause in the contract that the other party is not to rely upon them: S Pearson & Son Ltd v Dublin Corpn [1907] AC 351. [read post]
