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England and Wales decisions
Decisions matching the current search
The High Court struck out a vehicle fire claim for inadequate pleading, holding that the claimant had not sufficiently particularised breach, causation, or negligence.
Defendants extracted and re-utilised substantial parts of RMG's PAF and IDDQD's GBR Database without licence, incorporated protected data into GetAddress, marketed it to third parties, and breached contractual terms; acts exceeded mere consultation and were not covered by any implied or express licence; Mr Smith and Codeberry are jointly liable; claimants entitled to additional damages.
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The agreement was unenforceable because it failed to specify the true reason for the success fee as required by regulation 3(c) of the Damages-Based Agreements Regulations 2013, and because it related to family proceedings, contrary to s58AA(4)(aa) of the Courts and Legal Services Act 1990. Even if enforceable, the claimant did not play a sufficiently significant role in obtaining the compensation to be entitled to the success fee.
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The mooring licence and residential lease, though closely linked, are separate contracts between different parties. The obligation to pay the mooring licence fee is a core term relating to the main subject matter and price of the licence, excluded from assessment for unfairness under Regulation 6(2). The fee and maintenance costs are not recoverable under the service charge provisions of the lease. The terms of the mooring licence are not unfair within the meaning of the Regulations, and the Judge's evaluative findings are upheld.
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Sherman & Anor v Reader Offers Ltd (Rev1) [2024] EWCA Civ 412 (26 April 2024)
The Court of Appeal held that a cruise contract included the detailed itinerary, that major itinerary changes required timely notice and options, and dismissed the appeal.
The High Court held that Belgian proceedings were first seised and stayed the English claim under Article 29 Brussels Recast. It also found service out should not have been granted.
The trial judge erred in law by failing to recognise the detailed itinerary as an essential contractual term and misapplying Regulation 9; ROL was in breach of contract for failing to notify the Shermans of significant pre-departure changes as required by Regulation 12; exclusion clauses did not apply as sea ice conditions were foreseeable and inherent to the risk of the cruise; the appeal is allowed and primary liability for breach of contract is established.
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Hunter & Anor, R. v (Rev1) [2021] EWCA Crim 1785 (26 November 2021)
The Court of Appeal upheld convictions for fraudulent trading and possession of articles for use in fraud arising from ticket touting, rejecting challenges on deception, harm, evidence and fairness.
Gough, R (On the Application Of) v University of Leeds [2021] EWHC 2653 (Admin) (04 October 2021)
Renewed permission for judicial review was refused in a challenge to University of Leeds admissions decisions. The claim was out of time and had adequate alternative remedies.
Royal Borough of Kingston-Upon-Thames v Slater [2021] EWCA Civ 1479 (29 July 2021)
The Court of Appeal dismissed Mr Slater’s appeal against a 9-month committal sentence, holding that any request to suspend or vary it should be made under CPR r 81.10.
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