The court had to determine whether conditional fee agreement (CFA) legislation, which allowed the recovery of additional liabilities in defamation and privacy cases, was incompatible with ECHR art.10. The claimants had sought damages for invasion of privacy after their phones were hacked by the defendant newspaper publisher. Eight of the claimants had gone to trial, … Continue reading EIGHT REPRESENTATIVE CLAIMANTS & ORS v MGN LTD (2016)
Month: January 2017
ENNISMORE FUND MANAGEMENT LTD v FENRIS CONSULTING LTD (2016)
A hedge fund appealed against a decision of the Court of Appeal of the Cayman Islands that it was not entitled to "claw back" bonus fees it had paid to the respondent fund manager (F). The hedge fund had employed F under a consultancy services agreement which required it to provide investment advice and to … Continue reading ENNISMORE FUND MANAGEMENT LTD v FENRIS CONSULTING LTD (2016)
SUTTON LONDON BOROUGH COUNCIL v (1) MH (2) RH (3) NH (2016)
The local authority applied for a care order under the Children Act 1989 Pt IV in respect of the third respondent 16-year-old boy. The boy was born in South Africa and later moved to Canada. In 2012 he moved to Switzerland with his mother. He was sent to boarding school in Zimbabwe and later attended … Continue reading SUTTON LONDON BOROUGH COUNCIL v (1) MH (2) RH (3) NH (2016)
RE SHERLOCK HOLMES INTERNATIONAL SOCIETY sub nom JOHN AIDIANTZ (Petitioner) v SHERLOCK HOLMES INTERNATIONAL SOCIETY LTD (Respondent) & (1) STEPHEN RILEY (2) JENNIFER DECOTEAU (3) PINDER REAUX & ASSOCIATES (Costs Respondents) (2016)
The court had to determine a claim for breach of warranty of authority brought against the respondent solicitors. The claim arose in the context of a family dispute concerning a company. The claimant (X) had presented a petition in 2014 to wind-up the company on grounds of insolvency. A winding-up order was made in March … Continue reading RE SHERLOCK HOLMES INTERNATIONAL SOCIETY sub nom JOHN AIDIANTZ (Petitioner) v SHERLOCK HOLMES INTERNATIONAL SOCIETY LTD (Respondent) & (1) STEPHEN RILEY (2) JENNIFER DECOTEAU (3) PINDER REAUX & ASSOCIATES (Costs Respondents) (2016)
R v HARVINDER UBBEY (2016)
The appellant (U) appealed against a sentence of 30 months' imprisonment following his conviction for causing death by dangerous driving. The victim was an 89-year-old man who had been crossing the road when U had struck him. U had been driving a new, powerful car. Agreed expert evidence showed that U had been driving at … Continue reading R v HARVINDER UBBEY (2016)
ASDA STORES LTD v BRIERLEY & ORS (2016)
An employer appealed against a decision of the Employment Appeal Tribunal that an employment tribunal did not have the power to impose a stay on proceedings before it to enable equal pay claims brought by the respondent employees to be heard in the High Court. Claims had been brought in the employment tribunal by over … Continue reading ASDA STORES LTD v BRIERLEY & ORS (2016)
MP (SRI LANKA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)
The appellant Sri Lankan national appealed against a refusal ([2014] EWCA Civ 829) of his application for asylum. The respondent secretary of state had accepted that the appellant had been a member of the Liberation Tigers of Tamil Eelam, and that he had been detained and tortured by the Sri Lankan security forces. However, she … Continue reading MP (SRI LANKA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2016)
Law Lessons 4 Life 