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11 Mar 2010, 4:10 pm by NL
After reviewing the precedent cases (Johnson v Gore Wood & Co (a firm) [2002] 2 AC 1, Stuart v Goldberg Linde (a firm) [2008] 1 WLR 823 ) and noting that it would be "wrong to hold that because a matter could have been raised in earlier proceedings it should have been, so as to render the raising of it in later proceedings necessarily abusive" (Lord Bingham in Johnson), and the Art 6 entitlement to access to justice for an arguable case, the Court of Appeal… [read post]
11 Mar 2010, 4:10 pm by NL
After reviewing the precedent cases (Johnson v Gore Wood & Co (a firm) [2002] 2 AC 1, Stuart v Goldberg Linde (a firm) [2008] 1 WLR 823 ) and noting that it would be "wrong to hold that because a matter could have been raised in earlier proceedings it should have been, so as to render the raising of it in later proceedings necessarily abusive" (Lord Bingham in Johnson), and the Art 6 entitlement to access to justice for an arguable case, the Court of Appeal… [read post]
27 Sep 2010, 11:43 pm by J
Wilson v Lesley Place (RTM) Company Ltd [2010] UKUT 342 (LC) I confess to being a bit bitter about this case. [read post]
5 Jul 2008, 10:57 am
"Rule 803(8) exempts from the hearsay rule "[r]ecords, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report. [read post]
27 Dec 2010, 3:27 am
Overturning disability retirement decisionsGuidal v Trustees of the NYC Fire Department Article 1-B Fund, 275 AD2d 458The Guidal decision by the Appellate Division demonstrates the difficult test that a claimant faces in attempting to have a court overturn a decision by the trustees of a pension fund denying his or her application for accidental disability retirement benefits.William Guidal, a New York City firefighter, applied for accidental disability retirement benefits. [read post]