| - Bar Standards Board v S [2008] July
Defended Barrister accused of dishonesty. Internal Chambers dispute. Acquittal. - Snopek v Urang Ltd [2008] EWHC 1213 (Ch), Lawtel 23rd May
(Insolvency; construction dispute; appeal against bankruptcy order; interaction of bankrputcy jurisdiction and CPR Part 23.11; abuse of process; circumvention of rule in Heath v Tang). - Law Society v Sheikh [2008] June, SDT
(Disciplinary proceedings; solicitor; abuse of process; breach of natural justice; contention that Law Society's scheme of investigation and adjudication unlawful without a procedural code) - Solicitors Regulation Authority v O [2008] Lawtel, 16th June
(SDT findings under s. 43 of the Solicitors Act 1974 against a Barrister who set up and capitalised a firm of solicitors; whether he was "employed or remunerated" by the firm; SDT purported to convict Barrister; appeal to Divisional Court; SDT Order quashed). - Patel v GMS Norwich Ltd [2008] 14th January, Court of Appeal
(conveyancing; purchaser paid too little to vendor as vendor's solicitor mistakenly asked for too little to effect completion, mistakenly accepted the lower sum and mistakenly paid the correct, larger sum to the vendor out of other client funds; vendor sued in damages for balance of purchase price, but had already received it, by mistake, from his negligent solicitor; defence of "no loss;" vendor then repaid the overpayment to his negligent solicitor having retained it for 5 months in order to contrive a loss; whether vendor could recover that loss ?) - Law Society v. V [2007] October
(One of the longest cases ever in the Solicitors Disciplinary Tribunal, 15 day trial, Defence of Senior Partner of firm accused of fraud, dishonesty and money laundering, acquittal on dishonesty charges, striking-off avoided) - SR v Kent County Council [2007] ELR 648, Lawtel, 21st September
(Education, racist bullying, child withdrawn from school, LEA offered same school or school distant from home, whether discharge of LEA duty under s. 19 of the Education Act 1996) - Goodchild v Bradbury & Hillier [2007] WTLR 463, Court of Appeal
(Gift of land; presumption of undue influence; whether rebutted by donor's confession that not placed under any pressure; whether third party transferee of land had constructive notice.) - Dr T.S Goel v R. Pick (Trustee in Bankruptcy) [2007] 1 All ER 982 ; [2006] Lawtel 12th April, Ch D; [2006] RTR; [2006] The Times; [2006] BPIR 827.
(Insolvency; assignment of choses in action; disposition of property; number plates; preferences; purported transfer of vehicle registration mark; ownership of mark; s.340 Insolvency Act 1986; Retention of Registration Marks Regulations (1993)) - GE Capital Bank Ltd v Rushton & Jenking [2006] 1 WLR 899, [2005] EWCA Civ 1556, [2005] Lawtel, 15th December, [2005] The Times, 21st December, Court of Appeal.
(Consumer Law; Sale of Goods; Hire Purchase Act 1964; title to goods; protection of private purchasers; meaning of "carrying on a business;" single commercial venture; bona fide purchaser without notice) - J and B v Governors of H School, [2005] Lawtel, 2nd September, Court of Appeal.
(school exclusion, fights and serious injury; bullying of assailant;Governors reinstated excluded child; victim (the bully) sought JR of that decision; Governors capitulated; excluded child arguing that in its discretion court should not order a re-hearing by Governors as alternative remedy and hardship to him as a third party; absence of reasons of Judge below.) - R (Energy Financing Team Ltd) v Serious Fraud Office, GML International Ltd (Interested Party) [2005] All ER 285, Lawtel 8th August.
(Foreign proceedings, international fraud, mutual assistance, SFO, search warrants far wider than overseas request, judicial review, specificity of warrant, s.2 Criminal Justice Act 1987, ECHR, formal Guidance from Divisional Court) - P v The General Council of the Bar [2005] Lawtel
(The case which established that it is unlawful for a Bar Disciplinary Tribunal to include serving members of the PCC- acted pro bono as Junior Counsel at trial) - BJ and MB v Governors of H School [2005] All ER (D) 274 (July)
(school exclusion, fights and serious injury; bullying of assailant; Governors reinstated excluded child; victim (the bully) sought JR of that decision; Governors capitulated; excluded child arguing that in its discretion court should not order a re-hearing by Governors as alternative remedy and hardship to him as a third party - Shah v Lamberts Solicitors [2004] All ER (D) 66 (Mann J 6.10.04)
(Insolvency, costs, IA 1986, s. 366, lien for unpaid fees) - M v Worcestershire CC [2004] Lawtel 27th April
(SEN, breach of s. 19(1) Education Act 1996, assurances of provision broken) - Di Placito v Slater [2004] 1 WLR 1605 CA, The Times 29th Jan, [2003] Lawtel 22nd December, New Law 23.12.03.
(application of CPR to modification of undertaking; relevant test) - Di Placito v Slater [2003] NLP 20th March, Lawtel 24th March
(Probate action; strike out for breach of undertaking, abuse of process, extension of time) - Hill Samuel Personal Finance v Grundy [2002] CL Aug
(CPR Part 51.19, automatic stay, strike out) - Louden v Bury School Organisation Committee [2002] Lawtel 19th December
(Constitutionality/illegality; bias of Chairman; evidence ignored; conduct of SOCs) - Boulton & Andrew v Leeds School Organisation Committee [2003] ELR 67, [2002] The Times, 22.10.02
(Final hearing) - Boulton & Andrew v Leeds School Organisation Committee [2002] EWCA 20th June, Lawtel, CA
(school closure, right of objectors to appear before SOC, scope of SOC´s duty to hear objections orally, natural justice, locus/whether pupils can be the applicants; abuse of process;) - London Borough of Islington v Michaelides [2001] Crim LR 843, [2001] LTL 15/6/01, Divisional Ct
(Planning, breach of Enforcement Notice, autrefois acquit inapplicable where previous acquittal secured by improperly obtained certificate of lawful development) - Thornberry v Coleman [2001] All ER (D) 357, [2001] LTL 28/9/01, CA
(Slander by officer of Local Government, exemplary and aggravated damages, whether slander of Company Director is slander of the Company ) - Reg v Kingston Upon Hull MBC ex parte Rhodes [2001] ELR 230
(s. 13 Education Act 1996, breach of statutory duty, judicial review) - Reg v Kirklees MBC ex parte Beaumont [2001] ELR 204
(Local Government, bias, non-pecuniary interest, leading case on circumstances in which a Councillor must recuse himself from a Council vote) - Birmingham Midshires v Sabherwal [2000] 80 P & CR 256, CA
(Overreaching, ECHR Article 8, undue influence, subrogation) - Ocwen UK v Travis [2000] Current Law, Aug
(strike out/limitation period for extortionate credit bargain claim) - Reg v Sheffield CC ex parte McCloskey [2000] ELR 85
(school admissions) - Leheny v Allied Irish Bank [1999] BPIR
(Appeal against Bankruptcy Order, equitable set-off, sale at undervalue by mortgagee, s. 267 Insolvency Act 1985) - Reg v Rotherham MBC ex parte Tomlinson & Ors [1999] ELR 500, [2000] ELR 76, CA
(s. 411(5) Education Act 1996, lawfulness of catchment areas, Greenwich decision, out-catchment applicants) - Reg v Sheffield CC ex parte Hague and others [1999] ELR 242 & 511, CA
(A leading case on school admissions, Section 411 Education Act 1996, conduct of appeals, whether Appeal Committees can take into account anterior unlawfulness of policy) - Hurstanger Ltd v Wood & Wood [1999] CL June
(following FNB v Ann and Hustanger Ltd v Ricketts above, strike out/limitation period for extortionate credit bargain claim) - Abbey National plc v Tufts [1999] 2 FLR 399, CA; [1999] EGCS 24
(mortgage fraud, LPA Section 199, reasonable inquiries, application of Quennell v Maltby test) - Reg v London Borough of Redbridge ex parte Benning & ors [1999] 6 Ed CR 959
(School admissions, s. 411 Education Act 1996, catchment areas and ECHR) - Barclays Bank v Clifton [1998] BPIR 566
(personal insolvency; mortgage fraud; agency; setting aside statutory demand, nature of appeal to single Judge of the Chancery Division.) - Hill Samuel Personal Finance v Grundy [1997] All ER (D) 81, CA
(Unless Orders / Hytec Information criteria) - Reg v Rotherham MBC ex parte Clark & others [1998] 2 ELR 152, CA
(education; leading modern case on school admissions; judicial review of school admissions policy based on catchment areas rather than parental preference; s. 411 Education Act 1996) - Hurstanger Ltd v Ricketts [1998] CCLR 5, [1997] 1 CLY 962
(following FNB v Ann above, strike out/limitation period for extortionate credit bargain claim/issue estoppel/abuse of process) - Popat v Shonchhatra [1997] 1 WLR 1367, CA, [1997] 3 All ER 799
(division of post-dissolution partnership profits) - First National Bank v Ann [1998] CCLR 1, [1997] 1 CLY 963, February,
(limitation period for extortionate credit bargain claim) - Re Jayham Ltd [1995] 2 BCLC 455
(Restoration to Companies Register/s.653 Companies Act 1985) - S v W [1995] 1 FLR 862, CA
(a leading case on s. 11 of the Limitation Act 1980; action for damages for childhood sexual abuse/limitation) - Jones v Jones [1993] 2 FLR 377, CA
(Committal) - Abbey National B.S. v Cann [1991] 1 AC 56, HL, [1989] 2 FLR 265 CA
(a leading case on overriding interests, LRA s. 70(1)(g); equitable subordination) - Doble v Haymills [1988] The Times, 5th July, CA, [1988] Sol Jo 1063
(writ extension)
|
|
|
