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John Bryant Case List




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Poole v Chartis Insurance

[2011] EWHC 3987 (QB)


Summary:

It was inappropriate to determine as a preliminary issue whether an insurance company could rely on exclusion clauses in a personal accident insurance policy on assumed facts as to the deceased's state of mind at the time of a fatal car crash; to do so would inhibit the trial judge in determining whether the deceased's acts had been voluntary.


Vekaria v Jackson

[2009] EWHC 1514 (Ch)


Summary:

A litigant was granted leave to commence proceedings in deceit against the trustee in bankruptcy where the bankrupt, had, by alleged perjury, secured a judgment debt against her. Although the bankrupt had the benefit of judgment estoppel the alleged cause of action in deceit was complete before the commencement of the bankruptcy and thus was a bankruptcy debt pursuant to the Insolvency Act 1986 s.382(1)(a).


Chinnock v Hocaoglu

[2008] EWCA Civ 1175; Lawtel


Summary:

Whether or not sums payable under Special Condition 26 of a contract for the sale of land, for which sums the purchaser was to "be responsible", had to be paid on completion with the effect that, if they were not so paid, the vendor might treat the contract as repudiated.


Kinlan & Anor v Crimmin & Anor

LTL 20/4/2006 (unreported elsewhere)

Summary:

An agreement between two shareholders of a company whereby the company bought back all the shares of one of the shareholders had not complied with the Companies Act 1985 s. 159(3) as the agreement had not provided for full payment on the acquisition of the shares. However, the agreement was not set aside as the shareholder whose shares had been purchased had changed his position in a fundamental respect in good faith in reliance on his assumption that the agreement was valid.


Essa v Laing Ltd

[2004] ICR 747; [2004] IRLR 313; Times, January 29, 2004; Independent, January 23, 2004

Summary:

In order to be entitled to compensation for unlawful racial discrimination under the Race Relations Act 1976 s. 56 it was not necessary for the claimant who had been discriminated against to show that the particular type of loss was reasonably foreseeable.


Brewer & Anor v Rosenberg

LTL 18/5/99 (unreported elsewhere)

Summary:

Order for committal following breach of an injunction suspended to allow the defendant to prepare for trial.


Timmings v Hayre

LTL 15/12/98 (unreported elsewhere)

Summary:

In a case where there was insufficient evidence, the judge had to take into account all of the available evidence and doing the best that he could make an assessment of the income that the plaintiff was likely to have earned but for the assault.