Décisions de justice publiées par le cabinet
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High Court (Commercial Court), 4 mars 2022, n° [2022] EWHC 730 (Comm)
JUDGE PELLING: 1. This is an application by the claimant Michael Wilson and Partners, hereafter “MWP,” for an order under paragraph 21 of Practice Direction 51U, requiring two of the...
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High Court (Commercial Court), 4 mars 2022, n° [2022] EWHC 431 (Comm)
The Hon Mr Justice Butcher: 1. This is a claim made by the Claimant (‘Quadra’) against the Defendant underwriters under a contract of marine cargo open cover insurance. It arises...
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Court of Appeal (Civil Division), 4 mars 2022, n° [2022] EWCA Civ 249
This judgment was handed down remotely by circulation to the parties’ representatives by email, and release to BAILII. The date and time for hand down is deemed to be 10.30...
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High Court (Queen's Bench Division), 4 mars 2022, n° [2022] EWHC 464 (QB)
Mr. Nigel Cooper Q.C. sitting as a Deputy High Court Judge: 1. In this action, the Claimant (“Instagroup”) seeks to enforce personal guarantees given by the First and Second Defendants...
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High Court (Business List), 4 mars 2022, n° [2022] EWHC 432 (Ch)
THE HON. MR JUSTICE FANCOURT Mr Justice Fancourt : Introduction 1. The principal issue in this trial is whether the Claimant, by written notice, triggered contingent obligations of the Defendant...
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High Court (Commercial Court), 4 mars 2022, n° [2022] EWHC 452 (Comm)
1. The Claimants are incorporated in the Marshall Islands, and are ultimately beneficially owned by investment funds managed by Oaktree Capital Management LP (“Oaktree CM”), a Delaware limited partnership with...
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High Court (Commercial Court), 4 mars 2022, n° [2022] EWHC 729 (Comm)
1. JUDGE PELLING: The issue that I now have to determine concerns what should be done in relation to an application made by application notice, dated 22 February 2022, issued...
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High Court (Commercial Court), 4 mars 2022, n° [2022] EWHC 731 (Comm)
JUDGE PELLING: 1. This is an application for permission to appeal. The test is whether there is a realistic prospect of success. I am satisfied there is no realistic prospect...
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High Court (Commercial Court), 4 mars 2022, n° [2022] EWHC 727 (Comm)
1. JUDGE PELLING: This is a without notice application by the claimant (“MWP”), in which the various other defendants are not interested but have made brief submissions, for an order...
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High Court (Business List), 4 mars 2022, n° [2022] EWHC 1234 (Ch)
MASTER PESTER: Introduction 1. I have before me an application dated 15 December 2021 by the defendant, “Mrs Jones”, for permission to amend her defence. 2. There are two claimants...
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High Court (Administrative Court), 4 mars 2022, n° [2022] EWHC 450 (Admin)
Mr Justice Eyre: 1. On 19th March 2021 the Defendant approved the Interested Party’s Outline Business Case to build the new Velindre Cancer Centre on a site at the Northern...
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Family Court, 4 mars 2022, n° [2022] EWFC 34
Mrs Justice Theis DBE: Introduction 1. The court is concerned with applications for a declaration of parentage and a parental order in relation to Z, now age 18 months. He...
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High Court (Commercial Court), 3 mars 2022, n° [2022] EWHC 467 (Comm)
Mr Justice Jacobs: A: The appeal and the issues in outline 1. Mur Shipping BV (“the Owners” or “MUR”) concluded a Contract of Affreightment (“COA”) with RTI Ltd (“the Charterers”...
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Upper Tribunal (Administrative Appeals Chamber), 3 mars 2022, n° [2022] UKUT 62 (AAC)
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 2 October 2019 under case numbers PEN/2019/0283 and PEN/2019/0284 was made...
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High Court (Commercial Court), 3 mars 2022, n° [2022] EWHC 461 (Comm)
Mr Justice Jacobs: A:Introduction and factual background 1. This judgment concerns two applications in proceedings started in December 2019 but which have not, for reasons which will become apparent, progressed...
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Court of Appeal (Civil Division), 25 février 2022, n° [2022] EWCA Civ 236
LORD JUSTICE WARBY: 1. This is an application for relief from sanctions following the dismissal of an appeal for non-compliance with an unless order. If relief is granted, the appellant...
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Court of Appeal (Civil Division), 25 février 2022, n° [2022] EWCA Civ 201
LORD JUSTICE COULSON : 1. Introduction 1. A non-lawyer would look at the procedural tangle that this case finds itself in, and be horrified at the muddle, and the time...
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High Court (Commercial Court), 25 février 2022, n° [2022] EWHC 1711 (Comm)
(Remote Hearing) MRS JUSTICE COCKERILL: 1 Despite Mr Hossain’s very clear and reassuring and skilful arguments, I am going to grant permission to appeal in relation to grounds 2 to...
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Court of Appeal (Civil Division), 25 février 2022, n° [2022] EWCA Civ 232
Lord Justice Newey and Sir Launcelot Henderson : I.Introduction and background 1. This appeal raises issues about the period of limitation applicable to a claim brought in the High Court...
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High Court (Family Division), 25 février 2022, n° [2022] EWHC 396 (Fam)
Mr Justice Peel : 1. The child who is the subject of these 1980 Hague Convention proceedings is 7 years old; I shall refer to him as “Z”. The application...
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Employment Appeal Tribunal, 25 février 2022, n° [2022] EAT 36
SUMMARY UNFAIR DISMISSAL For the purposes of the law of unfair dismissal, section 95(1)(a) Employment Rights Act 1996 provides that the concept of dismissal includes a case in which the...
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High Court (Planning Court), 25 février 2022, n° [2022] EWHC 390 (Admin)
Mr. Justice Holgate: Introduction 1. On 12 November 2018 the defendant, Canterbury City Council (“CCC”) granted outline planning permission (“the OPP”) on land at Cockering Farm, Thanington, a site lying...
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Employment Appeal Tribunal, 25 février 2022, n° [2022] EAT 32
(1) the ET’s finding that the allegations as a whole were made in good faith could not be reconciled with the finding that she had exaggerated and distorted matters and...
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Upper Tribunal (Administrative Appeals Chamber), 25 février 2022, n° [2022] UKUT 57 (AAC)
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 5 November 2020 under number SC322/19/02588 was made in error of...
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Upper Tribunal (Lands Chamber), 25 février 2022, n° [2022] UKUT 50 (LC)
Introduction 1. The issue in this appeal is whether a former office building occupied by “property guardians” was a house in multiple occupation (HMO), applying the standard test in section...
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High Court (Administrative Court), 25 février 2022, n° [2022] EWHC 404 (Admin)
MR TIM SMITH (sitting as a Deputy High Court Judge): Introduction. 1. This claim concerns a challenge to the grant of planning permission by the Defendant. The planning permission in...
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First-tier Tribunal (Tax Chamber), 25 février 2022, n° [2022] UKFTT 148 (TC)
Introduction 1. With the consent of the parties, the form of the hearing was a video hearing using the Tribunal video platform/etc. A face-to-face hearing was not held because it...
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High Court (Commercial Court), 25 février 2022, n° [2022] EWHC 409 (Comm)
Mrs Justice Cockerill: (A) INTRODUCTION (B) BACKGROUND (i) Factual Background (1) The Policy (2) COVID-19 Pandemic and Associated Restrictions (3) The Claim under the Policy (ii) Legal Background (1) FCA...
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Court of Appeal (Civil Division), 25 février 2022, n° [2022] EWCA Civ 233
LORD JUSTICE COULSON : Background Matters 1. On 16 February 2022, I heard the oral application for permission to appeal against the orders of Mr Justice Cavanagh (“the judge”) dated...
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Court of Appeal (Civil Division), 25 février 2022, n° [2022] EWCA Civ 229
Covid 19 Protocol: This judgment was handed down remotely by circulation to the parties' representatives by email and release to Bailii. The date for hand-down is deemed to be on...