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Justin Althaus Case List




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John F Hunt Demolition Ltd v ASME Engineering Ltd

Unreported

Summary:

The judgment in this case covered two interesting points:
1.A claimant who settles with a third party to whom he had no liability in law can in principle recover the amount of that settlement from a defendant, provided that the settlement was reasonable on the facts.  But if the amount of the settlement exceeded what was reasonable and was therefore an unreasonable settlement, the claimant cannot recover some lesser amount which would have represented a reasonable settlement: he recovers nothing.
2.  The combined effect of the insurance provisions in the JCT 1998 Contract with Contractor's Design and the DOM/2 Contract is that a sub-contractor owes an employer no duty of care in relation to fire damage negligently caused to the existing structures


Bajwa v Furini

[2004] 1 WLR 1971 (CA)

Summary:

For the purposes of s35 Limitation Act 1980, the principle that amendments take effect at the date when a judgment was given, and not at the date when a formal order was made, did not apply if specific amendments had not been approved but left for agreement or determination at a later date.


McKinnon & Anor v E Surv Ltd (formerly known as GA Valuation & Survey Ltd)

LTL 14/1/2003; (2003) 20 EG 149

Summary:

Where a surveyor’s report negligently failed to advise further investigations to ascertain whether past structural movement had ceased or was continuing, the correct measure of damages was the difference between the purchase price and the open-market value of the property in its true condition at the valuation date in light of all the evidence available to the court at the date of assessment.


Progressive Computer Recruitment Ltd v Bridger Ltd

LTL 18/9/00 (CA)

Summary:

In a standard form contract for the placement of an IT consultant the client was not bound by acknowledgments as to the satisfactory quality of the consultant's work included on his signed weekly time sheets.


Bland v Ingram's Estates Ltd & Ors

LTL 21/12/2000;[2001] 2 WLR 1638; [2002] 1 All ER 221; [2001] EGCS 7; Times, January 18, 2001"

Summary:

An equitable chargee of a lease that had been forfeited for non-payment of rent had the right to relief against forfeiture in the shoes of the tenant.


Club Surfaces Ltd v Barkodorian (T/A Polymeric Coating Systems)

LTL 1/6/2000 (unreported elsewhere)

Summary:

There had been no breach of duty by the defendant in the formulation and mixture of chemicals for the laying of two synthetic sports surfaces, either when he was acting as the agent of the supplier of the chemicals or when acting as a consultant to the claimant.


Arbuthnot Latham Bank Ltd (1) Nordbanken London Branch (2) v Trafalgar Holdings Ltd (1) Peter John Ashton (2) Pauline Hilda Ashton: Chishty Coveney & Co (3) v Ibrahim Khan Raja

LTL 18/12/97; [1998] 1 WLR 1426; [1998] 2 All ER 181; [1998] CLC 615; Times, December 29, 1997

Summary:

Appeal and leave to appeal in relation to the striking out of proceedings where there had been delay by the plaintiff rendering the claim statute barred in circumstances where the plaintiff could issue fresh proceedings which were not statute barred.


Arbuthnot Latham Bank Ltd & Anor v Trafalgar Holdings Ltd & Ors

LTL 18/12/97; [1998] 1 WLR 1426; [1998] 2 All ER 181; [1998] CLC 615; Times, December 29, 1997

Summary:

Appeal and leave to appeal in relation to the striking out of proceedings where there had been delay by the plaintiff rendering the claim statute barred in circumstances where the plaintiff could issue fresh proceedings which were not statute barred.