Practice Areas

Flying club faces negligence charges

Roger Pearson looks ahead Claims resulting from a widely publicised mid air crash between two light aircraft over a busy motor way junction are expected to reach the High Court later this year. In one case – Brewin v Redhill Flying Club Ltd and another – the dependant of the pilot of one of the […]

Litigation Recent Decisions 30/08/94

Interest on overdue tax R v Inland Revenue Commissioners, Ex Parte Barker And Another (1994) (QBD (Latham J) 22.6.94.) Summary: Date on which interest on unpaid tax begins to accrue is not altered by subsequent events. Application for judicial review of assessment to tax charging interest from the date of an original assessment notwithstanding later […]

Paul Bowden counsels against public comment on current litigation

The recent media coverage of the Gloucester investigations and the “baby Abbie” case questions the limits of trial and pre-trial reporting and the increasing difficulty of identifying the line between fair public comment and contempt. This is not an issue just for the press, the police and the prospective witness. There is great public appetite […]

Review on displayed goods

Judicial review is sought of the decision of Torquay justices to dismiss charges of wilful obstruction by two Torquay shopkeepers who displayed goods on the pavement. Magistrates decided that because the goods intruded into just five per cent of the 15m wide street, it did not constitute an obstruction under the 1980 Highways Act.

Litigation Writs 08/11/94

Dr John Clare, of Cowley, Middlesex, is suing Patrick Hunter for aggravated damages following an alleged wrongful assault in August this year. Writ issued by Dr Clare in person. C2224 The British Coal Corporation is being sued for over u2 million for alleged breach of contract. Currall Lewis and Martin, of Handsworth, Birmingham, claim the […]

Litigation Recent Decisions 06/12/94

Lloyd’s syndicate: arbitration results confidential Insurance company sub nom v Lloyd’s syndicate [1994] (Ch.Div) (Colman J) Summary: When parties agree to go to arbitration over a dispute concerning an insurance contract, this agreement contains an implied term which imposes on both parties to it a duty to keep confidential from third parties the award, the […]

Contempt review after 'trial by media'

Roger Pearson looks ahead High Court moves are imminent which could tighten contempt procedures. Leave is requested to seek judicial review of the Attorney General’s decision not to take action for contempt against a number of national newspapers following sensational coverage of the trial of the Taylor sisters. The sisters, Michelle and Lisa, were convicted […]

Alleged Dolphin defects

The House of Lords is to decide whether Darlington Borough Council can sue Wiltshire Northern over alleged defects, amounting to u2 million, in the Dolphin Centre development at Darlington. The Law Lords Appeal Committee has allowed the council to lodge objections to moves by Wiltshires to challenge an Appeal Court ruling on 28 June paving […]

Green light for spoiling tactics?

Roger Pearson reports on a decision that could open the floodgates for election sound-alikes Two High Court judges sitting as an election court refused to outlaw the actions of a retired headmaster who stood in European elections as the Literal Democrat candidate. The unsuccessful Liberal Democrat, Adrian Sanders, who had challenged his opponent’s candidacy, declared: […]

Political punch up

Boxer Terry Marsh is shaping up for a legal bout with the local Labour Party in Basildon, Essex. Marsh is heading for the High Court with accusations that the party is in breach of contract and has infringed his rights as a member of the Nethermayne branch.