BT: charges for use of lines No declaratory relief when no cause of action Summary: Court will not grant declaratory relief where there is no dispute or cause of action between the parties. Defendants’ appeal against refusal by the Commercial Court to strike out the plaintiffs’ claim for declarations as to licensing charges for use […]
Although he was expected to give judgment in the case in the on-going dispute among founder members of pop group The Cure by the end of last term, Mr Justice Chadwick did not manage to get round to it. Date for the judgement has been set for 16 September.
At a recent conference, separate panels of English and German lawyers solved a case study. The audience was impressed by the English solicitors’ Anton Piller order and broad discovery – until it emerged that it would cost ten times more to bring the case to trial here than in Germany. As Lord Woolf prepares for […]
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 […]
Roger Pearson
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 […]
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 […]
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.
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 […]
Roger Pearson
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 […]
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 […]