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Freezing Order without notice
Fourie v Le Roux & Ors, HL (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell) 24/1/2007; Times, January 25, 2007
It was very difficult to visualise a case where the grant of a freezing order, made without notice, could be said to have been properly made in the absence of any formulation of the case for substantive relief that the applicant for the order intended to institute.
Challenge to validity of a person’s title to land
Prospere v Prospere & Anr, PC (StL) (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Mance) 17/1/2007
A challenge to the validity of a person's title to land was held to be res judicata and not capable of being re-litigated.
Summary Judgment
Lead Technical Services Ltd v CMC Medical Ltd, CA (Civ Div) 30/1/2007
On the evidence available to him a judge had erred in awarding summary judgment enforcing an adjudicator's decision as there was a real prospect of showing that the adjudicator had acted without jurisdiction.
Antisocial Behaviour Order
Rabess v Commissioner of Police for the Metropolis, High Ct, 29/1/2007
A judge had been entitled to make an anti-social behaviour order against the appellant pursuant to the Crime and Disorder Act 1998 s.1(1)(a); however, the terms of the order were not specific enough and required amendment.
Construction of undertakings in settlement agreement
Independiente Ltd & Ors v Music Trading Online (HK) Ltd, CA (Civ Div) 26/1/2007
Where a settlement involved the defendants making an undertaking to the court not to carry out certain acts, the correct construction of the settlement agreement was that they had also given the undertakings to the claimants. The claimants were therefore entitled to bring proceedings for damages for breach of contract based on the defendants' alleged breaches of the undertakings.
Time Limits: Care Standards Tribunal
Chief Inspector of Schools in England v Care Standards Tribunal, High Ct (Admin) 26/1/2007
The Care Standards Tribunal had erred in law in extending the 28-day time limit for lodging an appeal against a decision of the Chief Inspector of Schools to cancel an individual's status as registered provider of childcare.
Limitation Act 1980 S. 14(2)
McCoubrey v Ministry of Defence, CA (Civ Div) 24/1/2007
The proper approach to the question raised by the Limitation Act 1980 s.14(2) in relation to a claimant seeking to bring a personal injury claim outside the three-year period specified in s.11(4)(a) was to consider the reaction to the injury, as opposed to its possible consequences, of a reasonable person in the objective circumstances of the actual claimant, while disregarding his actual personal attributes.
Albon v Naza Motor Trading Sdn Bhd & Anr, High Ct (Ch D) 23/1/2007
The words "in respect of a contract" in the CPR r.6.20(5) did not require that the claim arose under a contract; they required only that the claim related to or was connected with the contract.
Harassment: Possession Order suspended with conditions
Sheffield City Council v Shaw, CA (Civ Div) 12/1/2007
A judge had not erred in law when he suspended with conditions, rather than make outright, a possession order in respect of a property occupied by an offender who had conducted a long-term campaign of harassment against his victims, as he was entitled to find on the basis of the evidence, that the offender had a genuine chance of reforming himself.
Suitability of Interim Remedies as Final Orders not decided
Ali & Ors v Rauf & Ors, High Ct (Ch D) 21/12/2006
Although the court declined to grant the interim remedies sought by members of a charity committee, their suitability as final orders after any trial was not decided.
Jurisdiction: Presence of Assets
Fonu v Demirel & Anr, High Ct (Ch D) 21/12/2006
The presence of assets in the jurisdiction was not a pre-condition to the exercise of jurisdiction under CPR r.6.20(9).
Confidentiality Assurances not absolute
Wakefield v Channel Four Television Corporation & Ors, High Ct, 21/12/2006
Assurances of confidentiality of medical records given to patients by the General Medical Council when it was investigating serious criticisms of a doctor could not be regarded as absolute, since, as well as being subject to the Civil Procedure Rules 1998 and their implementation by the court, the assurances might be subject to overriding requirements that other considerations be given priority, the matter being determined by where the interests of justice lay.
No duty to mention offer of acceptance of money in Court in context of subsequent offer
Thames Trains Ltd & Anr v Adams, High Ct, 20/12/2006
In the circumstances, a solicitor was not under a duty to mention an offer of acceptance of money in court when the opponent began negotiating a higher offer in ignorance of the earlier offer of acceptance.
Summary Judgment
English & Americal Insurance Co Ltd v AXA Re SA, High Ct (Comm) 20/12/2006
Summary judgment was granted to an insurer against a reinsurer on grounds that the insurer's settlement with the assured was, in law, the settlement of a claim that fell within the risks covered by the reinsurance contracts. The insurer was able to rely on purported "without prejudice" letters from the reinsurer as evidence that the reinsurer had no defence to a claim up to the sum specified therein.
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