Practice Areas

Agreeing transatlantic compensation

Roger Pearson looks ahead A case is in the pipe-line which promises to turn into a fascinating transatlantic dispute over inter-activity between our High Court and the US courts. It centres on an award of $2.9 million compensation to widow Julie Hardy in respect of the death of her husband, Stephen, on 15 August 1991 […]

Litigation Recent Decisions 27/09/94

EC: not responsible for Irish agriculture ministry decision Licensing meat imports in EC Emerald Meats Ltd v Commission of the European Commission Cases C-100/90, C-317/90, C-129/91 (1994) (CJEC (Full court)) Summary: Member states are responsible for preparing lists of applicants for meat import licences and not the EC. Irish meat company’s application for annulment of […]

Avis in moves against Truckpoint

Avis Rent-a-Car has issued proceedings against Truckpoint, its former licensee in Southwark in South London, claiming an injunction and damages. Truckpoint is alleged to have continued to hold itself out as an Avis Rent-a-Car licensee after the termination of its licence in June this year.

MPE and Bovis face two separate suits

Lincoln-based Andrew & Co is acting for two plaintiffs, D McMillan and HC Carruthers, in their separate High Court actions against MPE Ltd and Bovis Construction, which arise from the same event. The defendants are represented by Birkett Westhorpe & Long.

Zeffirelli libel action reels on

Despite an apology to Italian film director Franco Zeffirelli in a recent issue of Screen International, the libel proceedings against the magazine look set to continue. Michael Bowler, senior partner of West End firm Harbottle & Lewis, which issued a writ on behalf of Zeffirelli, says the publication issued its statement off its own bat […]

Martin Hill denies insurers are avoiding settlement of claims

Martin Hill The insurance industry will never be popular, but I want to defend it against the charges that it is looking for ways to avoid claims. The problem arises from the extreme financial pressures insurers are under. The over-capacity of the late 1980s and subsequent recession, with its recession-led claims, have resulted in the […]

Litigation Writs 13/09/94

Michael Slater, a prisoner at Longlarton jail, is suing the Metropolitan Police Commissioner for the return of more than u37,000 in banknotes. Slater claims he was owner of a wooden box containing u36,860 in cash at a house in Stoke Newington, London, u700 cash at a London EC1 address and an A-reg Mazda car, which […]

Litigation Recent Decisions 13/09/94

Contracts uberrimae fidei – standard of proof of fraudSun Alliance: proving duty of utmost good faithDiggens & Anor v Sun Alliance and London Insurance Plc (1994) (CA 29.7.94.) (Nourse LJ, Evans LJ, Sir Roger Parker LJ) Summary: Right of insurer to recover all monies paid to insured if claim is proved to be fraudulent. Standard […]

Sting steers Coutts into court over u5m

Roger Pearson looks ahead Pop giant Sting is suing the Queen’s bankers, Coutts & Co for nearly u5 million. The action, scheduled to come on in the Commercial Court later this year, has been launched by the star’s company, Steerpike (Overseas) Ltd. The company says it had a current account at the bank’s Kensington branch […]

Liberals challenge Euro election result

Roger Pearson A case scheduled for November could break new ground in election law. The action has been brought by the Liberal Democrats and follows the defeat of the party’s candidate for Devon and Plymouth in the European elections held in June this year. Their candidate, Adrian Saunders was beaten after a recount by Tory […]

Litigation Disciplinary Tribunals 09/08/94

PETER JOHN GEORGE, 49, admitted 1971, practised on own account in Nottingham, suspended indefinitely and ordered to pay u1,861 costs. Allegations substantiated he breached undertakings to building societies and mortgage lenders in completing conveyancing transactions and forwarding title deeds, delayed or failed to deal with reasonable expedition with clients’ affairs, failed to reply to correspondence […]

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