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12 Jul 2008, 10:18 pm
I’ve not got time to do a detailed report, but the appeal succeeded, largely on the basis that there was an express trust, not a constructive trust, and that the claimant did not come to equity with clean hands. [read post]
8 Jun 2019, 1:22 am
As Mr Justice Vaisey said in Re Chapman’s Settlement Trusts [1959] 1 WLR 372, 275: “I again wish to stress the importance of these cases being heard in open court. [read post]
10 Apr 2016, 5:47 am
Macleod, R (on the application of) v The Governors of the Peabody Trust [2016] EWHC 737 (Admin) Ever since R (Weaver) v London and Quadrant Housing Trust [2010] 1 WLR 363 (our report) there has been an ongoing issue as to whether housing associations (or specific housing associations) were public bodies both for the purposes of the Human Rights Act and public law/judicial review. [read post]
21 Mar 2019, 8:15 am
In An NHS Trust v Y [2018] UKSC 46; [2018] 3 WLR 751, a leap-frog appeal from the judgment of O’Farrell J in the Queen’s Bench Division: [2017] EWHC 2866 (QB), 4 WLR 222, the single issue in the appeal was whether a court order must always be obtained before clinically assisted nutrition and hydration (“CANH”), which is keeping a person with a prolonged disorder of consciousness (“PDOC”) alive, can be withdrawn, or… [read post]
1 May 2022, 11:47 pm
I believe that the decision to adopt the Proposed Investment Policy is sufficiently ‘momentous’ to justify the Court giving its blessing to that decision and I therefore make the declaration that is sought in the adjusted wording of declaration 9 in the draft Order. [read post]
22 Jan 2018, 4:11 pm
In Brightside v RSM UK Audit [2017] 1 WLR 1943, Andrew Baker J held the view that CPR r6.14 fixes the date for all CPR purposes, including the date of service in Scotland. [read post]
29 Jun 2008, 2:48 pm
Belated, I know, but this is the first chance I have had to really look at the judgment in Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin). [read post]
29 Jun 2008, 2:48 pm
Belated, I know, but this is the first chance I have had to really look at the judgment in Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin). [read post]
25 Mar 2009, 1:26 pm
L&Q maintained that the application did not meet the criterea for a PCO as set out in R(Corner House Research) v SSTI [2005] 1 WLR 2600 at para 74. [read post]
27 May 2010, 12:57 am
AC v Berkshire West Primary Care Trust [2010] EWHC 1162 (Admin) (25 May 2010) – Read Judgment An NHS Trust acted rationally in refusing to provide breast enlargement surgery to a transsexual, the High Court has ruled, even though there was credible medical evidence that the surgery would have been beneficial. [read post]
29 Jan 2023, 10:15 pm
Introduction A series of cases have established that QOCS makes it virtually impossible for Ds to recover costs from C when a claim settles; Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137, Ho v Adelekun [2021] UKSC 43, [2021] WLR 5132 and (very recently) University Hospitals of Derby & Burton NHS Foundation Trust v Harrison [2022] EWCA Civ 1660. [read post]
9 Jul 2014, 1:19 pm
Tennet (unreported), 6 June 1984; Court of Appeal (Civil Division) Transcript No. 242 of 1984 and Citibank Trust Ltd. v. [read post]
5 Dec 2011, 2:48 am
Personally, I’ve never found Lyus at all convincing, and Lloyd LJ notes that there have been no subsequent cases in which a constructive trust has been found. [read post]
5 Dec 2011, 2:48 am
Personally, I’ve never found Lyus at all convincing, and Lloyd LJ notes that there have been no subsequent cases in which a constructive trust has been found. [read post]
6 Nov 2010, 4:53 am
I note, however, that an English judgment holding that the award is not valid could prove significant in relation to such proceedings, if French courts recognise any principle similar to the English principle of issue estoppel (as to which see The Sennar (No. 2) [1985] 1 WLR 490). [read post]
27 Mar 2013, 7:33 am
Perhaps, therefore, it is time to review the rule in Halsey v Milton Keynes General NMS Trust [2004] EWCA Civ 576, [2004] 1 WLR 3002, for which I am partly responsible, where at [9] in the judgment of the Court (Laws and Dyson LJJ and myself), Dyson LJ said:“It seems to us that to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court. [read post]
27 Mar 2013, 7:33 am
Perhaps, therefore, it is time to review the rule in Halsey v Milton Keynes General NMS Trust [2004] EWCA Civ 576, [2004] 1 WLR 3002, for which I am partly responsible, where at [9] in the judgment of the Court (Laws and Dyson LJJ and myself), Dyson LJ said:“It seems to us that to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court. [read post]
3 Nov 2010, 3:10 am
Her case was that, although Mr Burtenshaw was the registered proprietor of the property, she had an interest (described as being under a common intention constructive trust). [read post]
3 Nov 2010, 3:10 am
Her case was that, although Mr Burtenshaw was the registered proprietor of the property, she had an interest (described as being under a common intention constructive trust). [read post]
14 Nov 2009, 1:59 am
Secondly, the Upper Tribunal (Lands Chamber) (aka the Lands Tribunal) has given judgment in Circle Thirty Three Housing Trust Ltd v Segovia LRX/66/2008 (link is to a .pdf) [Also on Bailii]. [read post]
