Case Updates

Credit rating agency – definition of credit ratings – “red flag” report itself did not constitute credit rating – distinction between assessment of some (but not all) elements of credit risk and...
September 2017
Striking out – statement of claim – failure to plead particulars and disclose reasonable cause of action – whether action properly struck out In an action in the District Court against D, a broker...
September 2017
Case management – proceedings in Competition Tribunal – first case management conference – necessary directions to enable matter to proceed to substantive hearing fairly, expeditiously and...
September 2017
Dangerous drugs – trafficking – conviction on charge of trafficking – appellate court satisfied that precise quantity of drugs in defendant’s possession were for trafficking while rest should be...
September 2017
Costs – public interest litigation – unsuccessful appeal against dismissal of application for protective costs order – whether no order as to costs of application below appropriate In judicial...
September 2017
Dealing with property known or believed to represent proceeds of indictable offence – suspended sentence of imprisonment – review of sentence – subject to exceptional circumstances, offence attracted...
September 2017
Jurisdiction – District Court – characterisation of claims in bailment – transfer of admiralty action from High Court to District Court – nature of discretion involved when transfer of action from...
September 2017
Dealing with property known or believed to represent proceeds of indictable offence – criminal liability for acts of another – prosecution case not presented in clear manner – failure to allege...
August 2017
Loss of earnings – loss of earning capacity – future medical expenses – approach to be taken by plaintiff in establishing entitlement to award of damages On 18 June 2009, P, then aged 34, was...
August 2017
Maritime claims – limitation decree – extension of deadline under decree for additional claimants to file claims against limitation fund – whether claims time-barred under s. 7(1) – whether claim “...
August 2017
Parentage – declaration sought under s. 6(1) that respondent natural father of applicant – respondent absent and no scientific evidence – immigration status of applicant at issue – degree of...
August 2017
Appeal – leave to appeal out of time – claim against third parties to contribute to damages suffered by injured plaintiff – whether extension of time to be granted P was a general worker engaged...
August 2017
Insider dealing – s. 271(3) defence that purpose of dealing did not include securing profit by “using relevant information” – “using” in s. 271(3) did not cover withholding or non-...
August 2017
Wasted costs order – defence counsel ordered to pay wasted costs personally for his conduct during trial – principles involved in making wasted costs order – court’s approach D appeared in the...
August 2017
Employees’ benefits – civil servant – whether Government entitled to deduct from pension benefits of civil servant in settlement of debt upon discharge from bankruptcy In February 1999, B, a...
July 2017
Costs – taxation – Department of Justice, as receiving party in taxation of costs in criminal appeal, should provide information on seniority of Government counsel involved in appeal The question...
July 2017
Fresh evidence – appeal proceedings – refusal to admit evidence on appeal – no reasonable explanation advanced for failure to adduce such evidence at first instance – court not satisfied admitting...
July 2017
Parties – person assisting claimant in Labour Tribunal proceedings found guilty of insulting behaviour – proper parties to appeal – person committed for contempt and Secretary for Justice as...
July 2017
Prosecution’s duty of disclosure – suggestions as to improvement of system for ensuring that proper disclosure made D faced a count of conspiracy to throw corrosive fluid, namely sulphuric acid,...
July 2017
Scheme of arrangement – liquidation – scheme proposed expeditious distribution of large surplus and avoided litigation over legal issues – determining classes of creditors: in insolvency commonality...
July 2017