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Hastings & Hastings v Johnsons Estates Ltd & Another: claim for return of deposits successful

A claim by 15 purchasers of off-plan apartments for the return of deposits paid to the developer succeeded where there had been an unreasonable delay (35 months at the date of termination) by the developer in completing the development. Judgment was also obtained against the developer's solicitors for releasing deposits held as stakeholder when not entitled to do...

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Judgment handed down in high profile case of Johnson v Le Roux Fourie

The judge held that general damages of £80,000 should be awarded to Penny Johnson in this clinical negligence claim which has been covered extensively by the press over the last few days.  Loss of earnings were also awarded but well below the level claimed.  A full summary of the case and the judgment can be found on Lawtel.

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Dreamspace Litigation: Events Company Liable

In a judgment handed down on 16th May the High Court has found a Liverpool events company to blame for the Dreamspace tragedy (Furmedge & Others v Chester-le-Street District Council & Others [2011]EWHC 1226). Foskett J has found Brouhaha International Limited 55% to blame for the incident which saw a large, tent like, inflatable art structure designed...

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R (Omoregbee) v Secretary of State for Justice & Governor of Hewell Prison: immigration status of prisoners

In R.(Gregory Omoregbee) v Secretary of State for Justice & Governor of Hewell Prison [13/4/2011 – reported on Lawtel] the Court of Appeal have now clarified, following a string of judicial review claims brought by foreign national prisoners regarding their transfer to open conditions (Category D prisons) that the reference to "paramount" in the Prison...

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Curtis v Curtis & SRMHC: Permission to Appeal Granted


The Court of Appeal (Mummery LJ) has granted SRMHC permission to appeal against a judgment in an undue influence case heard in the Chancery Division in Cardiff.  The case had unusual facts and attracted considerable publicity.

Mr. Curtis made a...

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R (Burke) v Independent Police Complaints Commission (Defendant) & Commissioner of Police for the Metropolis (Interested Party)

Judgment in the above case was handed down last week.  The Judge held that the IPCC was entitled to refuse to extend time for appealing against a determination by a police commissioner that a complaint against police officers was unfounded where the complainant had allowed 16 months to expire after the decision letter had been sent before making inquiries as...

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Causes and effects: The Supreme Court decision in Sienkiewicz and Willmore

On 9th March the Supreme Court handed down its judgments in two linked mesothelioma appeals: Grief (UK) Ltd v Sienkiewicz and Knowsley MBC v Willmore [2011] UKSC 10.  In doing so it made a number of important findings on the law of causation in tort generally as well as the special Fairchild rule applicable in mesothelioma cases.  It also doomed...

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Proportionality and Possession Proceedings

The Supreme Court has unanimously ruled in the conjoined appeals of London Borough of Hounslow v Powell; Leeds City Council v Hall;Birmingham City Council v Frisby  [2011] UKSC 8 that a court must have the power to consider the proportionality of making possession orders under the homelessness and introductory tenancy schemes of the Housing Act 1996.  In...

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