Consolidation of Proceedings in UK Law
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Vertex Data Science Ltd v Powergen Retail Ltd
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However that may be, it is not immediately obvious to me that it would be unjust for Vertex to be confined to such remedy in damages as is determined to be the extent of the bargain which it struck. That was an extraordinary case on the facts where the contractor, Mowlem, sought indefinitely to delay completion of the high profile Millennium Bath Spa project, a project which was intended and expected to confer significant benefits upon the local economy.
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Madoff Securities International Ltd ((in Liquidation)) v Stephen Raven and Others
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In fulfilling this personal fiduciary responsibility, a director is entitled to rely upon the judgment, information and advice of a fellow director whose integrity skill and competence he has no reason to suspect: see Dovey v Cory [1901] AC 477 at 486, 492. He may legitimately defer to those views where he is persuaded that his fellow directors' views are advanced in what they perceive to be the best interests of the company, even if he is not himself persuaded.
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Secretary of State for Health and Others v Servier Laboratories Ltd and Others
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There are three further points which encourage me to accept Servier's proposal at this stage. First, as Ms Manley emphasised more than once in her written evidence, Servier is not saying that its disclosure should necessarily be confined to the documents on the Commission's file, but only that in the interests of proportionality this exercise should be undertaken first.
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Ismail Kamoka and Others v The Security Service and Others
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That restatement of principle recognises that the doctrine is a flexible one which is not dependent upon identity of parties or issues and in an appropriate case is equally applicable whether the previous proceedings were criminal or civil. Accordingly, I reject any suggestion by Mr de la Mare QC that Hunter-type abuse cannot arise where the earlier proceedings were civil and there is no identity or privity between the parties.
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Yagnesh Mohanlal Devani v Republic of Kenya
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Putting the matter this way could be mildly confusing. Lord Lane identified the test in Galbraith as the one to be used by judges in criminal trials when they have to decide whether to accede to a submission of "no case to answer" at the end of the prosecution case. Under section 84(1) the DJ has to do the opposite: viz. decide whether there is a case to answer.
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Northern Regional Health Authority v Derek Crouch Construction Company Ltd
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Arbitration is usually no more and no less than litigation in the private sector. The arbitrator is called upon to find the facts, apply the law and grant relief to one or other or both of the parties. It enables, and in appropriate cases requires, him to vary them and so create new rights, obligations and liabilities in the parties.
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Asia Pacific Uk Ltd v Hanjin Shipping Company Ltd
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That question must – as is common ground—be judged objectively, that is to say by looking at what was done and said by and as between the parties in order to determine whether it amounts to service. Whether service has been effected cannot depend upon the views, possibly idiosyncratic or even bizarre, of individual litigants or their advisors.
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Acquisition of Land (Assessment of Compensation) Act 1919
... ... acquired compulsorily for public purposes and the costs in proceedings thereon ... [19th August 1919] ... Be it enacted by the King's most ... Consolidation of proceedings on claims for compensation in respect of various interests ... ...
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Arbitration Act 1996
... ... sections 9 to 11 (stay of legal proceedings, &c.), and ... 35: Consolidation of proceedings and concurrent hearings ... ...
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Land Compensation Act 1961
... ... in land; with corrections and improvements made under the Consolidation of Enactments (Procedure) Act, 1949 ... it enacted by the Queen's most ... to any proceedings on a question referred to the Lands Tribunal ... under section one of this ... ...
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Rules of the Supreme Court (Revision) 1965
... ... power under section 99 of the Supreme Court of Judicature (Consolidation) Act 1925(a) to make, amend or revoke rules regulating the practice and ... 3. Time ... COMMENCEMENT AND PROGRESS OF PROCEEDINGS ... 4. Assignment, transfer and consolidation of proceedings ... 5 ... ...
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Precedents
... ... /Directions Hearing Order No [ Sequential number in these proceedings ] (ADAPT TEMPLATE FOR PLO OR CAP, AS APPROPRIATE) ... 1. THE PARTIES ... 296 Consolidation of proceedings ... ...
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Andrea Marco Steingruber, Consent in International Arbitration, Oxford International Arbitration Series, Oxford University Press (2012)
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ratione temporis , and finally it discuses consolidation of arbitration. The author examines different ways of avoiding duplication of proceedings. He outlines the distinction between commercial and investment ... ... -
Legislation
... ... 1 (1) Employment Protection (Consolidation) Act 1978, s. 55 (5) European Assembly Elections Act 1978 ... 21-33 Matrimonial Homes Act 1967 Matrimonial Proceedings (Polygamous Marriages) Act 1972 Mental Health Act 1959 Public ... ...
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LEGISLATION
... ... s.8 Data Protection Act 1984 Domicile and Matrimonial Proceedings Act 1973, s.16( 1) E.E.C. Directive 681151 Directive 75/117 ... X LEGISLATION Social Welfare (Consolidation) Act 1981 (Ireland) s.35 s.142 s.301A Social Welfare (No. 2) Act ... ...
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Swedish Court of Appeal Upholds Conflicting Award in Parallel BIT Arbitration Proceedings
... ... stage of proceedings before an arbitral tribunal. Perhaps more importantly, it reinforces the desirability of working towards the consolidation of proceedings brought under different BITs whenever possible to avoid conflicting awards being issued. It is thus a decision of great relevance ... ...
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Arbitration: Still A Valued Means Of Resolving Disputes?
... ... one hand, if the advantages of arbitration are fully utilised, proceedings can be streamlined by the tribunal resulting in costs savings. However, ... Consolidation Of Proceedings ... Commercial disputes often involve multiple parties, not ... ...
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International Arbitration - 'One-Stopness' In Arbitration Stops One Party Stopping Play
... ... Fili Shipping Company & others - sub-proceedings in the ongoing Fiona Trust proceedings) ( see link to law now dated ... choice of rules may have an impact on the likelihood of a consolidation of proceedings ... This article was written for Law-Now, CMS Cameron ... ...
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Which Covid-19 Commercial Rent Dispute Body Should I Use? Key Terms Compared
... ... The statutory scheme differs from traditional arbitration ... proceedings under the Arbitration Act in a number of respects. Of ... particular note ... Consolidation ... Departing from the default position under the Arbitration Act, ... ...