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In Rose, the Administrative Court considered whether a CCG had acted unlawfully in failing to follow guidance issued by NICE.
HHJ Pelling QC has offered some useful guidance on assessing an account of profits for passing off in his recent judgment.
Accountability — April 2014: when can you bring a court claim that has already been the subject of a decision by the FOS?
According to a Court of Appeal decision, only where the claim arises out of a completely different set of facts or where the complainant has rejected the FOS decision.
The decision in Rawlinson & Hunter Trustees SA and Ors v Akers & Anr has highlighted the difficulties in establishing litigation privilege in relation to internal reports.
The case of Clarke v Barclays Bank plc and another has highlighted the importance of notifying the court promptly if an expert retires or withdraws from a case.
In the case of Mehjoo v Harben Barker, the Court of Appeal overturned the earlier decision of the High Court.
On 1 April, the Groceries Code Adjudicator issued two guidance documents relating to GSCOP: dispute escalation and arbitration.
In Rusal, the Administrative Court was asked to find that a decision by the London Metal Exchange to consult on a single preferred option was unfair.
This was one of the issues that the High Court had to deal with in Aodhcon LLP v Bridgeco Ltd in which the claimant entered into a bridging loan.
This was the finding of the Court of Appeal in Da Rocha-Afodu and another v Mortgage Express Ltd.
This was one of the findings of the High Court in Bassano v (1) Toft, (2) Biddulph and (3) Borro Loan Ltd.
An unfair relationship arose between a creditor and debtor. So held the High Court in Link Financial Ltd v Teresa North Wilson.
The court has reaffirmed the danger of using a winding-up petition as a means of debt collection where the underlying debt is disputed and of refusing to mediate.
Insurance intermediaries should ask open and fair questions of customers to ensure they understand their genuine demands.
The judge has found that a variation to the general retainer meant Harben Barker was under a duty to recognise Mr Mehjoo’s non-domicile status and the tax advantages that might bring.
The court has overturned a decision that a tenant, which remained in occupation of commercial premises after its lease had expired, did so on the basis of an implied annual periodic tenancy.
Section 30(1)(c) LTA 1954 — a rare case involving the refusal of a landlord to grant a renewal lease
Horne & Meredith Properties v Cox and another involved the refusal of a landlord to grant a renewal lease because the relationship between the parties had irretrievably broken down.
The new Planning Court, revised planning guidance, restated green belt policy and what constitutes a screening opinion
A new and specialist Planning Court is being created. It will open for business on 6 April 2014, as part of the High Court.
If an owner’s enjoyment of his land is interfered with, should court grant injunction to prevent the interference continuing?
This article arises out of the Supreme Court’s decision in Coventry and others v Lawrence and another.
Can a right to emit sound waves across another person’s land constitute an easement and can it be acquired by prescription?
The Supreme Court has decided ‘yes’ in relation to both of these issues.