Décisions de justice publiées par le cabinet
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High Court (Queen's Bench Division), 29 juillet 2016, n° [2016] EWHC 2006 (QB)
1. On 22nd April 2016 “Ascentis”, an organisation that awards educational qualifications, wrote to NCC Skills Ltd (hereafter “NCC Skills”), an independent training provider, informing them that their recognition as...
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High Court (Commercial Court), 29 juillet 2016, n° [2016] EWHC 1893 (Comm)
1. On 22 July 2005 the first and third Claimants (“C1” and “C3”) entered into a Production Sharing Contract (the “PSC”) with the Defendant (“D”) in respect of two oil...
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High Court (Commercial Court), 29 juillet 2016, n° [2016] EWHC 1991 (Comm)
1. In the judgment which I handed down yesterday ([2016] EWHC 1913 (Comm)) I held that there had been three failures by the claimant bank to disclose material facts when...
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Court of Protection, 29 juillet 2016, n° [2016] EWCOP 40
1. This ‘bulk application’ dated 24 September 2015 is made by The Friendly Trust (‘the trust’). It concerns several subsisting orders appointing its office-holders as property and affairs deputies and...
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Court of Appeal (Civil Division), 29 juillet 2016, n° [2016] EWCA Civ 802
Lord Justice Burnett: 1. This is an appeal from the order of John Bowers QC, sitting as a deputy High Court Judge ([2015] EWHC 888 (Admin)), who dismissed the appellant’s...
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High Court (Commercial Court), 29 juillet 2016, n° [2016] EWHC 1875 (Comm)
1. This action concerns two quite distinct claims, both of which arise out of a contract dated 28 September 2011 (“the Contract”) between the First Claimant (“the Owners”) and the...
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Court of Appeal (Civil Division), 29 juillet 2016, n° [2016] EWCA Civ 797
Lord Justice Lindblom: Introduction 1. This appeal requires us to consider the meaning of the concepts of “damage” and “environmental damage” in Directive 2004/35/EC on environmental liability with regard to...
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High Court (Queen's Bench Division), 29 juillet 2016, n° [2016] EWHC 1972 (QB)
1. In the early hours of the morning of 7 July 2006 Mr Sean Daley, the Claimant, was shot by an unidentified assailant outside his residence in Bishkek, the capital...
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Court of Appeal (Civil Division), 29 juillet 2016, n° [2016] EWCA Civ 793
1. This appeal raises the following issues which may be of general importance: a) The approach to be taken in determining a child’s long-term welfare once the child has become...
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High Court (Administrative Court), 29 juillet 2016, n° [2016] EWHC 1957 (Admin)
1. This is an application for Judicial Review made pursuant to permission granted by HHJ Jeremy Richardson QC on 22 July 2015. There was a dispute before me as to...
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Court of Appeal (Civil Division), 29 juillet 2016, n° [2016] EWCA Civ 791
1. On 9th October 2014 Mr Justice Nicol dismissed an application by Ms Veronica Kucherov for judicial review of two decisions made in August 2013 refusing her entry clearance to...
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Court of Appeal (Civil Division), 29 juillet 2016, n° [2016] EWCA Civ 785
1. The Defendant, now Appellant, the well-known cruise operator (“FOCL”) appeals from the judgment of HHJ Robert Owen QC, dated 22nd January, 2015 (“the judgment”). The Judge held that 16...
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Court of Appeal (Criminal Division), 29 juillet 2016, n° [2016] EWCA Crim 1051
1. On 19June 2014 in the Crown Court at Preston, before Her Honour Judge Lloyd and a jury, the appellant, Robert Murray, was convicted unanimously of rape contrary to s....
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High Court (Administrative Court), 29 juillet 2016, n° [2016] EWHC 1912 (Admin)
1. The Claimant, (“TDT”), is a national of Vietnam. His age is in dispute. This challenge is brought on his behalf by his litigation friend, Tara Topteagarden, (“TT”). She is...
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High Court (Chancery Division), 29 juillet 2016, n° [2016] EWHC 1965 (Ch)
1. This application relates to BHS Limited (In Administration) (“the Company”). BHS stands for British Home Stores. The Company ran the famous national retailing business in the UK whose financial...
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Court of Appeal (Criminal Division), 28 juillet 2016, n° [2016] EWCA Crim 1434
NOTE – THE RETRIAL IN THIS CASE HAS NOW TAKEN PLACE. ACCORDINGLY THIS JUDGMENT IS NO LONGER SUBJECT TO REPORTING RESTRICTIONS PURSUANT TO S.4(2) CONTEMPT OF COURT ACT 1981. IT...
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United Kingdom Supreme Court, 28 juillet 2016, n° [2016] UKSC 51
LADY HALE, LORD REED AND LORD HODGE: (with whom Lord Wilson and Lord Hughes agree) The background to Part 4 of the 2014 Act 1. This appeal concerns the question...
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Court of Appeal (Civil Division), 28 juillet 2016, n° [2016] EWCA Civ 801
1. This is an appeal by the appellant, T, against the order of Dingemans J. dismissing her claim for judicial review of the decision of the Secretary of State to...
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Court of Appeal (Civil Division), 28 juillet 2016, n° [2016] EWCA Civ 796
Lord Justice Lindblom: Introduction 1. In this appeal we must interpret a planning condition that requires the preparation of a scheme for surface water drainage in a development of housing....
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High Court (Queen's Bench Division), 28 juillet 2016, n° [2016] EWHC 1926 (QB)
1. In this action an individual who faces criminal charges sues the Crown Prosecution Service for libel, misfeasance in public office, and breach of the Human Rights Act, in respect...
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Court of Appeal (Civil Division), 28 juillet 2016, n° [2016] EWCA Civ 786
1. This is the judgment of the Court. 2. This is an appeal by Mr Grenville Hampshire against an order of HH Judge Cooke (sitting as a judge of the...
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High Court (Administrative Court), 28 juillet 2016, n° [2016] EWHC 2150 (Admin)
1. HIS HONOUR JUDGE MCKENNA: In this claim, Mr Stephen Andrews seeks judicial review of a decision by the Health Service Commissioner for England, referred to in the claim form...
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Court of Appeal (Criminal Division), 28 juillet 2016, n° [2016] EWCA Crim 1048
Lord Justice Simon: 1. On 27 February 2015 at Bristol Crown Court, the appellants Denham and Stansfield each pleaded guilty to a number of sexual offences. 2. On 22 April...
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High Court (Commercial Court), 28 juillet 2016, n° [2016] EWHC 1956 (Comm)
1. The Second to Fifth Claimants (“the Owners”) are Liberian one ship companies which at the material time owned the vessels “ROFOS”, “XIFIAS”, “HELI”, and “PANTHER” respectively. The First Claimant...
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High Court (Queen's Bench Division), 28 juillet 2016, n° [2016] EWHC 1951 (QB)
1. This is an application by the Defendant, Flash Entertainment FZ LLC, to challenge service of proceedings on it in Abu Dhabi by the Claimant, Bill Kenwright Limited, on the...
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High Court (Chancery Division), 28 juillet 2016, n° [2016] EWHC 1919 (Ch)
1. I have before me two applications. The first in time is an application for judgment in default of filing a Defence pursuant to CPR 12.3(2)(a). The second is an...
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Court of Appeal (Civil Division), 28 juillet 2016, n° [2016] EWCA Civ 804
1. These are the court’s reasons for the order made on 7th July 2016 dismissing the appeal. 2. This is an appeal against the making of a secure accommodation order...
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High Court (Chancery Division), 28 juillet 2016, n° [2016] EWHC 1954 (Ch)
1. I have before me an application by the defendants, Worcestershire County Council and South Worcestershire Clinical Commissioning Group, for these proceedings to be struck out. Facts and issues 2....
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High Court (Administrative Court), 28 juillet 2016, n° [2016] EWHC 1898 (Admin)
Lord Justice Hamblen: Introduction 1. This is the judgment of the Court. 2. This case concerns the power of the Secretary of State for the Home Department (“the Secretary of...
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High Court (Commercial Court), 28 juillet 2016, n° [2016] EWHC 1913 (Comm)
Mr Justice Males : This application 1. This is an application by the first and fourth defendants, Mr Ilya Yurov and his wife Nataliya, to set aside a freezing order...