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13 Oct 2011, 4:45 am by Kevin Healey
This week, I want to begin looking at how courts apply the fortuity doctrine in certain circumstances.As illustrated in Sentinel Management Co. v. [read post]
27 Feb 2013, 11:51 pm by Anna Gelpern
I am just back from joining 250+ other obsessed (and some paid) persons at the second Second Circuit hearing on the pari passu clause in NML v. [read post]
26 May 2010, 12:37 pm
"This is a cautionary tale, which all unmarried couples who are contemplating the purchase of residential property as their home, and all solicitors who advise them, should study. [read post]
4 Apr 2011, 2:29 am by sally
European Commission v Italian Republic (Case C-565/08); [2011] WLR (D) 118 “Mandatory national provisions obliging lawyers to comply with maximum tariffs, in all cases where there was no conditional fee agreement or no special agreement between lawyer and client, were not contrary to articles 43EC and 49EC of the EC Treaty. [read post]
12 May 2008, 3:05 pm
, so here is an all-American caffeine-and sugar-free post, with the judgment (given a few weeks ago now, but very appropriate now given my transatlantic holidaying) of the US Supreme Court in the case of Baze v Rees (Kentucky Dept. of Corrections). [read post]
18 Jul 2011, 2:28 am by sally
Silkstone and another v Tatnall and another [2011] EWCA Civ 801; [2011] WLR (D) 230 “While a party to a reference before a Land Registry adjudicator under section 73(7) of the Land Registration Act 2002 could not be prevented from withdrawing his case, the adjudicator had a discretion as to whether, in all the circumstances, he should make an order terminating the reference, and on what terms, or continue to determine the substantive matters raised by the reference.”… [read post]
4 Jan 2010, 2:48 am by sally
Hammonds LLP (a Firm) v Jones Court of Appeal “‘All partners’ in the context of a clause in a partnership deed dealing with accounts, meant partners at any time during the accounting year to which the particular accounts related, whether or not, by the relevant time, they were still partners in the firm. [read post]
13 Feb 2009, 1:42 am
Compensation for an invention of   ‘outstanding benefit’ was to be determined in accordance with all available evidence, as per [...] [read post]
25 Oct 2007, 2:30 am
Fresh hearing not required Way v Poole Borough Council and Another Court of Appeal “The fact that a finding was made that a matter had to be remitted to the Special Educational Needs and Disability Tribunal on one discrete issue, did not mean that there should be a complete fresh hearing of all the issues which had been before the original tribunal. [read post]
28 Feb 2023, 2:16 pm by Unreported Opinions
Read the opinion The post DEVIN BATTLEY and LINDBERGH PARK OWNERS ASSOCIATION v. [read post]
21 Nov 2013, 8:19 pm by Simon Gibbs
The recent case of Vitol Bahrain EC v Nasdec General Trading LLC and others [2013] All ER (D) 38 (Nov) provides an interesting insight into how the courts may interpret proportionality under the new test. [read post]