Court Structure in UK Law
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Swain v Hillman
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In doing so he or she gives effect to the overriding objectives contained in Part 1. It saves expense; it achieves expedition; it avoids the court's resources being used up on cases where this serves no purpose, and I would add, generally, that it is in the interests of justice. If a claimant has a case which is bound to fail, then it is in the claimant's interests to know as soon as possible that that is the position.
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Rookes v Barnard
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Cases in the second category are those in which the Defendant's conduct has been calculated by him to make a profit for himself which may well exceed the compensation payable to the plaintiff. Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay.
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Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
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In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.
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Dorset Yacht Company Ltd v Home Office
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Donoghue v. Stevenson [1932] A.C. 562 may be regarded as a milestone, and the well-known passage in Lord Atkin's speech should I think be regarded as a statement of principle. It is not to be treated as if it were a statutory definition. But I think that the time has come when we can and should say that it ought to apply unless there is some justification or valid explanation for its exclusion.
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Antaios Compania Naviera S.A. v Salen Rederierna A.B.
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While deprecating the extension of the use of the expression "purposive construction" from the interpretation of statutes to the interpretation of private contracts, I agree with the passage I have cited from the arbitrators' award and I take this opportunity of re-stating that if detailed semantic and syntactical analysis of words in a commercial contract is going to lead to a conclusion that flouts business commonsense, it must be made to yield to business commonsense.
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Rainy Sky SA and Others v Kookmin Bank
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If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.
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Chartbrook Ltd v Persimmon Homes Ltd and another
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What is clear from these cases is that there is not, so to speak, a limit to the amount of red ink or verbal rearrangement or correction which the court is allowed. All that is required is that it should be clear that something has gone wrong with the language and that it should be clear what a reasonable person would have understood the parties to have meant. In my opinion, both of these requirements are satisfied.
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Development of MBA in court administration and management. The experience of NALSAR University of Law, India
Purpose: The purpose of this paper is to share the experience of Centre for Management Studies, NALSAR University of Law in developing the new MBA programme in Court Administration and Management. ...
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ANOTHER TWIST FOR EQUAL VALUE
Following a number of recent decisions in the area of equal pay for work of equal value, it is argued that organisations need to be clearer than ever that their job evaluation systems and pay struc...
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Out of Many, One? Strasbourg's Ibrahim Decision on Article 6
This case comment considers the European Court of Human Rights decision of Ibrahim v United Kingdom on 13 September 2016. Relying on Salduz v Turkey, the applicants claimed, largely unsuccessfully,...
- THE HOUSE OF LORDS: REFLECTIONS ON THE SOCIAL UTILITY OF FINAL APPELLATE COURTS
- Scottish Government Decides That Civil Court Fees Do Not Impede Access To Justice; No Substantive Change To Court Fee Structure
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Corporate Trustees and Cash Managers: can historic miscalculations and underpayments be an Event of Default? The English High Court’s first decision on CMBS Class X Notes
We now have the English High Court’s first judgment concerning the position of Class X Notes in a CMBS structure. The rights of the Class X Notes in the Windermere VII CMBS were considered by the C....... We now have the English High Court’s first judgment concerning the position of Class X Notes in a CMBS structure. The rights of the Class X Notes in the Windermere VII CMBS were considered by the Court in Hayfin Opal Luxco 3 S.A.R.L v Windermere VII CMBS plc ......
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English High Court reaffirms dominant purpose requirement for claims to litigation privilege
In the recent decision of The Financial Reporting Council Limited v Frasers Group Plc, the English High Court held that documents detailing advice received from accountants in respect of a company’......... v Frasers Group Plc1, the English High Court held that documents detailing advice received from accountants in respect of a company’s tax structure were not protected from disclosure by litigation privilege because they were not prepared for the sole or dominant purpose of litigation, ......
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Privy Council Clarifies When Innocent Third Parties are Liable to Victims of Fraud
To what extent must a bank make inquiries as to the commercial purpose of a transaction, particularly a transaction involving an offshore structure? And when is a bank liable to compensate a victim...