Earlier reported cases judgments, 2000

Prior restraint of publication under section 12(3) of the Human Rights Act 1998 requires the applicant to show that it is likely to establish at trial that…

Where relief from forfeiture has been granted but an application for permission to appeal remains pending, execution may be stayed where the proposed appeal…

A freezing order may be made against a co-defendant against whom the claimant has no direct cause of action. The order must be ancillary to a substantive claim…

For an agreement to qualify for exemption from regulation under the Consumer Credit Act 1974, payments must be required within the specified period. A…

Apparent bias is assessed in two stages. The court first ascertains all the circumstances bearing on the allegation. It then asks whether those circumstances…

Under Civil Procedure Rules Part 36 as then framed, an offer expressed to remain open for 21 days was not thereby made irrevocable. Part 36 prescribed the form…

Housing Benefit (General) Regulations 1987, regulation 3(4), makes the sharing of accommodation other than a bathroom, lavatory or communal area a necessary…

Whether an employer must use an independent medical disciplinary procedure is a matter of contract. The employer chooses the procedure, but must construe and…

An approved individual voluntary arrangement may be challenged only under the statutory routes provided by Insolvency Act 1986: directly under section 262 or…

In assessing libel damages, the court may admit confined facts directly relevant to the context in which the defamatory publication was made. The rule against…

The right to education under article 2 of Protocol No. 1 guarantees access to existing educational institutions and an education meeting a minimum standard of…

A private sporting regulator may owe participants a duty to use reasonable care when it controls the safety arrangements for an inherently dangerous activity.…

A safe-third-country certificate cannot rest on the proposition that the Refugee Convention permits a range of reasonable national interpretations. The…

Whether an offence constitutes a crime of violence under the Criminal Injuries Compensation Scheme is a question of ordinary language and fact. The Panel must…

In a libel action, the right under Supreme Court Act 1981 section 69 to have the jury determine whether words are in fact defamatory is a substantive statutory…

A court may order a publisher to identify a confidential source under the Norwich Pharmacal jurisdiction where the publisher became involved in wrongful…

Successive proceedings which raise a matter that could have been raised earlier are not necessarily an abuse of process. The court must make a broad…

Under the former statutory maternity-return regime, giving the prescribed notice elected to exercise the right to return but did not itself complete the…

Information derived from a sample which should have been destroyed cannot lawfully be used to investigate an offence. That prohibition does not, however, make…

Where the police have sufficient information to arrest a particular suspect, an identification parade must ordinarily be held if an eyewitness has identified…

Whether cover for driving other vehicles continues after disposal of the insured vehicle depends on the objective construction of the particular policy, read…

An operation falls within the Manual Handling Operations Regulations 1992 when its performance involves transporting or moving a load, even though the…

Judicial review of decisions affecting fundamental rights requires anxious scrutiny. The greater the interference, the more substantial the objective…

Section 21(b) of the Electricity Act 1989 permits a public electricity supplier to exclude liability for economic loss caused by negligence only where the loss…

A formal police caution is not equivalent to a criminal conviction for the rule against collateral attack on a subsisting judgment. It is not the decision of a…

A statutory discretion is never unfettered. Its lawful scope is determined from the language, context, policy and objects of the enabling Act. A reserve power…

Where events occurring after an appeal make its determination unnecessary, the court cannot seek a preliminary ruling under article 234 of the EC Treaty merely…

Under a time charter, an obligation to prosecute voyages with the utmost despatch ordinarily requires the master to take the shortest and quickest route. A…

For the valuation regime in section 9(1A)(d) of the Leasehold Reform Act 1967, an improvement must be made to an existing house and premises. Building the…

Premises are in a state prejudicial to health under section 79(1)(a) of the Environmental Protection Act 1990 only where some feature of the premises is itself…

Under section 2 of the School Sites Acts 1841-1844, the relevant purposes are those to which the grantor devoted the land, provided they fall within the…

Copyright infringement depends on whether features copied from an original work amount, cumulatively and qualitatively, to the whole or a substantial part of…

The bankruptcy exception applies only where bankruptcy is the principal subject matter of the proceedings. The claimant’s status as trustee in bankruptcy is…

A statutory requirement that a new street be laid out to a specified width does not, without more, create public highway rights over adjoining private land.…

A written monetary settlement offer which is not supported by a payment into court does not acquire the prescribed costs consequences of a Part 36 payment. It…

A right of way appurtenant to identified land may be used only for the purposes of that dominant tenement. It cannot be extended to facilitate the cultivation…

The Court of Appeal held that the plain wording of the Administration of Estates Act 1925 governs succession on intestacy even where a nearer heir is…

Proceedings for possession commenced within the 12-year limitation period preserve the paper owner’s ability to obtain and enforce relief in those proceedings.…

For the six-month limit on an equal-pay claim, employment means the contract of employment, whereas work means the job performed. The period under section 2(4)…

A person who possesses an animal and is therefore its keeper may recover under the Animals Act 1971 from another keeper who owns it. The Act contains no…

For sentence-credit purposes under section 67(1A)(b)(i) of the Criminal Justice Act 1967, custody must result from an order committing the defendant to…

An appellate court may reconsider an inference based on inherent probability without undue inhibition, particularly where the trial judge did not see the…

A press conference is a public meeting for statutory qualified privilege where its organisers open it to the public or invite the press so that its proceedings…

The House of Lords has no jurisdiction to entertain an appeal against the Court of Appeal’s refusal of permission to appeal. Although the literal language of…

A partnership may arise before a business begins trading. The question is whether the parties have actually embarked upon the commercial venture which they…

For the purposes of theft, acquiring an indefeasible title by a valid gift can amount to an appropriation of property belonging to another. Appropriation under…

Section 127 of the Insolvency Act 1986 invalidates a post-petition disposition of company property to the ultimate recipient. Where a company pays a creditor…

For jurisdiction under articles 2 and 6 of the Lugano Convention, a person is “sued” when proceedings are initiated, not when originating process is served.…

In a proportionate retrocession, an occurrence limit must be construed in the context of the whole contract, its commercial purpose and the underlying…

Where an employment contract gives an employer discretion to pay bonuses but requires the terms of any bonus scheme to be notified, notification of a specific…

In a sale and leaseback, constructive delivery may occur although the finance company never obtains physical custody and no separate moment of delivery can be…

A byway open to all traffic is identified by the character of the highway, not by a requirement of current actual use. Under section 66(1) of the Wildlife and…

Relief from forfeiture may in principle be available for a finance lease of chattels. Possessory rights under the lease may suffice, although purely…

In determining fairness under Employment Rights Act 1996, an Employment Tribunal must apply objective standards of the hypothetical reasonable employer. It…

Under section 69(8) of the Arbitration Act 1996, an appeal from a court decision on an arbitration appeal requires leave from the High Court or county court…

A cheque or bankers draft materially altered by replacing the true payee is, subject to the exceptions in section 64(1) of the Bills of Exchange Act 1882…

The Law Reform (Contributory Negligence) Act 1945 can apply beyond negligence, including to intentional or reckless conduct. But a deceit defendant cannot…

A local education authority is not liable in damages merely for breach of the statutory educational scheme. Common-law negligence may nevertheless arise when…

False imprisonment is a tort of strict liability. Detention must be justified by lawful authority. Good faith, reasonable care and reliance on a judicial…

A contracting party ordinarily recovers compensatory damages only for loss which it has sustained. The transferred-loss exception permits a promisee to recover…

Absolute witness immunity protects evidence given in court and statements or acts directly involved in giving, or genuinely preparing to give, evidence. It may…

An account of profits may exceptionally be awarded for breach of contract where ordinary remedies are inadequate and the claimant has a legitimate interest in…

Under section 3 of the Homicide Act 1957, a jury considering provocation may take account of a defendant’s relevant characteristics when deciding the degree of…

Under the Sex Discrimination Act 1975, an employer’s failure to investigate or handle a sexual-harassment complaint may cause detriment. It is not unlawful sex…

An adviser’s assumption of responsibility to a customer seeking pension and life assurance advice may extend to intended dependants. This arises where…

A contractor invoking a subcontract term which replaces the subcontractor’s independent arbitration right with joint resolution under the main contract must…

A chief officer of police may owe police officers a duty analogous to an employer’s duty to protect employees from foreseeable physical or psychiatric injury…

A party who deploys without-prejudice material on the merits of an interlocutory application cannot later rely on the without-prejudice rule to exclude the…

Reopening a case on fresh evidence after final judgment at a contested trial is exceptional and requires strong grounds. The same principles apply whether the…

Section 79 of the Law of Property Act 1925 creates a rebuttable presumption that a covenant relating to land is made on behalf of successors in title. A…

Advocates in England, whether barristers or solicitor advocates, no longer have immunity from claims by clients for negligence in conducting civil proceedings.…

A contractual discretion, however widely expressed, must be exercised consistently with the instrument that confers it. An individualised term may be implied…

An application to reopen an extortionate credit bargain under section 139 of the Consumer Credit Act 1974 is a statutory cause of action. Relief involving…

Under section 36(1) of the Limitation Act 1980, a statutory limitation period may be applied by analogy to equitable compensation where the equitable right and…

A person or body owing a duty requiring professional judgment must exercise the relevant skill with reasonable care. The Bolam approach may apply where the…

In proportional reinsurance, the scope and nature of cover are presumed to correspond with the underlying insurance unless clear words indicate otherwise.…

A foreign state is immune from proceedings concerning acts performed in the exercise of sovereign authority. Characterisation depends on the nature and…

On an application to stay English proceedings for forum non conveniens, the defendant must identify an available foreign forum which is clearly or distinctly…

Under the The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989, a debtor has two statutory opportunities to halt distress…

In a boundary dispute, an agreement fixing a boundary may be inferred from the parties’ conduct. It is unnecessary to identify a conventional offer and…

On a remission following an appellate decision, the lower court must implement the appellate court’s findings and determine their legal consequences. It must…

A payment into court may properly be ordered as a case-management condition where a party has failed to plead an effective defence or counterclaim and the…

For an Annex II development which may have significant environmental effects, the competent authority must consider before granting consent whether an…

Under article 1A(2) of the Geneva Convention relating to the Status of Refugees 1951, serious harm inflicted by non-state agents constitutes persecution only…

Settlement terms between a claimant and one contributor are not generally protected by without-prejudice privilege from disclosure to another party seeking…

An accountant instructed to prepare a solicitor’s statutory accounts report may owe the Law Society, as trustee of the Compensation Fund, a duty to exercise…

The High Court may invoke the common law doctrine of necessity to determine the best interests of an adult who lacks decision-making capacity where a serious…

Compensation for land injuriously affected under section 10 of the Compulsory Purchase Act 1965 requires damage which, without statutory authority, would have…

Evidence relevant to a later criminal charge is not inadmissible merely because it shows or tends to show that the accused committed an earlier offence of…

Section 21(1A) of the National Assistance Act 1948 excludes assistance only where destitution is the sole cause of the need for care and attention. A person…

After the introduction of the Civil Procedure Rules, a claimant whose earlier action was struck out for inordinate and inexcusable delay cannot assume that a…

A provision in a directive has direct effect only if it is unconditional and sufficiently precise. In employment cases, its content must be determinable from…

Where transport is provided for a group expected to return drunk and boisterous, reasonable care may require more than a safe vehicle and competent driver. If…

In a private-law contact application, the child’s welfare is paramount. Contact commonly benefits a child, but it exists for the child’s welfare rather than as…

For the purposes of Civil Liability (Contribution) Act 1978, “same damage” means a single indivisible injury for which there is no rational basis for…

Under the United Kingdom–United States extradition treaty, the requirement that a convicted person must have received at least four months’ imprisonment or…

The duty under section 41(1) of the Highways Act 1980 is an absolute duty to maintain the physical fabric of a highway so that it is reasonably passable for…

Liability for knowing receipt requires a recipient's state of knowledge to make it unconscionable to retain the benefit received. Dishonesty is a separate…

A general power to regulate the exercise of a statutory right of appeal does not authorise subordinate legislation which, through an irrebuttable deeming rule…

An appellate tribunal may substitute its own decision for that of an employment tribunal where, on the facts found, only one answer is legally possible and no…

After the prescribed period for serving a claim form has expired, the court may extend time only if the conditions in rule 7.6(3) of the Civil Procedure Rules…

A tribunal’s proceedings attract absolute privilege where its authority, function, procedure and determinations make it equivalent to a court of justice. The…

For vicarious liability under the Race Relations Act 1976, whether conduct occurred in the course of employment is judged in the ordinary sense of those words…

Copyright in the typographical arrangement of a published edition protects the edition as a whole, rather than the arrangement of each article within it.…

An employment tribunal’s contract jurisdiction under Articles 3 and 7 of the Industrial Tribunals (Extension of Jurisdiction) Order 1994 arises only where…

The implied obligation after employment protects only Class 3 information: specific trade secrets, or equivalent information of such high confidentiality that…

In professional negligence, limitation begins when actual, legally relevant loss is sustained. A contingent liability may constitute actual loss where it is a…

A consistent course of dealing may incorporate the parties’ usual contractual terms into an orally concluded commercial sale. The inquiry is objective: whether…

An employee's statutory claim for sex discrimination is not defeated merely because the employer has performed an otherwise lawful employment contract…

In national-security deportation cases, a threat need not arise from conduct targeted at the United Kingdom or its citizens. Supporting terrorism against…

Once a judge sends a draft reserved judgment to the parties under the procedure for handed-down judgments, the process of delivering judgment has begun. A…

A settlement with one alleged wrongdoer does not automatically extinguish claims against another. Its effect depends on the proper construction of the…

Damages for deceit may compensate a claimant for losing the opportunity to enter a more favourable transaction. There is no absolute requirement that the…

A beneficiary may trace trust money used with other money to acquire a single asset and elect either a proportionate beneficial share or, where available, a…

Misfeasance in public office is an intentional tort founded on subjective bad faith in the exercise of public power. It covers targeted conduct intended to…

A statutory compensation scheme may confer an enforceable entitlement to payment once its stated conditions have been satisfied. Where the scheme specifies no…

On the grant of an unexercised option, a fixed cash payment does not lose value as consideration merely because the grantor incurs expenditure towards a third…

An occupier’s liability for physical injury extends to injury within a reasonably foreseeable description of risk. The precise mechanism and severity of the…

A court may vary or revoke an order after judgment but before it is sealed or otherwise perfected. That power survives under the Civil Procedure Rules 1998…

Under regulation 51(a) of the Civil Legal Aid (General) Regulations 1989, a certificate may be amended retrospectively where an extension was applied for…

On a transfer governed by the Transfer of Undertakings (Protection of Employment) Regulations 1981, an employer’s accrued tortious liability to an employee…

The Warsaw and Guadalajara Conventions regulate the nature and standard of liability, but do not generally confine cargo claims to persons named as consignor…

Before 2 May 2000, an appeal from a county court district judge lay to a circuit judge even where the district judge had, by consent, tried a multi-track claim…

An accident-hire agreement provides credit where hire charges, otherwise payable during or at the end of the hire, are deferred until completion of a damages…

A contract must be construed as a whole. Each provision is read in the context supplied by the other provisions to ascertain the meaning of the parties’ legal…

Entitlement to industrial injuries benefit for personal injury caused by accident requires an identifiable event or incident, personal injury and a causal…

In a transnational libel claim, a claimant seeking service out must show that England is clearly the forum in which the case may most suitably be tried in the…

Oppression in the execution of a possession warrant is fact-sensitive and is not confined to misconduct by the landlord. It may arise from a combination of the…

An agreed apportionment of responsibility for a workplace accident may be relevant to the causation of later financial loss. Ordinarily, a disciplinary penalty…

A partnership agreement governing payment for a deceased partner’s interest must be construed from its language in the circumstances in which it was made.…

Information received for two purposes falls within section 82 of the Banking Act 1987 where one is a significant Banking Act purpose. Dual purpose does not…

Agreement to instruct a single joint expert does not prevent a party from obtaining evidence from another expert. The court retains a discretion under the…

An employer is not generally liable in tort for failing to volunteer pension advice intended to prevent economic loss. Where the alleged duty is not inherent…

A payment from the statutory insolvency fund following the Secretary of State’s decision under section 167 of the Employment Rights Act 1996 is treated as a…

A student’s contract with a statutory university without a Visitor is justiciable where the claim concerns compliance with contractual rules. Courts will not…

Section 10 of the Contempt of Court Act 1981 requires a two-stage inquiry before a journalist can be ordered to disclose a confidential source. The court must…

A bank cannot debit a customer's account for an unauthorised payment to the customer's creditor unless the payment was required by due process of law or the…

A former secure tenant who remains in exclusive occupation after a possession order has taken effect is a tolerated trespasser. Although the former tenancy and…

Section 271(1) does not automatically bar a bankruptcy order merely because the petition debt has been paid from the debtor’s own property after presentation…

An employer’s duties under regulation 4(1)(b) of the Manual Handling Operation Regulations 1992 are separate. A failure to assess a manual-handling operation…

A partner’s dishonest assistance in a breach of fiduciary duty is a wrongful act within section 10 of the Partnership Act 1890. The provision is not confined…

In a reinstatement claim under a fire insurance policy, the insured must prove that the claimed demolition and rebuilding work was necessitated by the insured…

Under the statutory broadcasting-standards regime, a company may complain that its own privacy was unwarrantably infringed. This conclusion reflects the…

Rights under a retirement annuity contract or personal pension arrangement which exist when bankruptcy commences are property forming part of the bankrupt’s…

For the purposes of section 12 of the Disability Discrimination Act 1995, an end user may be a principal even where an intermediary stands between it and the…

A tortfeasor whose breach makes a material contribution to a cumulative industrial disease is liable only for the disability caused by that contribution…

Where listed social security benefits must be disregarded when damages for personal injury are assessed, they must also be disregarded when interest on those…

A discretionary criminal injuries compensation scheme for service personnel must be interpreted and administered according to the public authority’s current…

A company is within the charge to corporation tax when it is liable to that tax. It need not possess a current source of income. Under section 12(2)(a) of the…

A wheel clamp placed on a trespassing vehicle is itself a trespass to the vehicle unless the owner consented to, or willingly assumed, the risk of clamping.…

Victimisation under section 2(1) of the Race Relations Act 1976 requires less favourable treatment and a causal connection between that treatment and a…

Under the Police Pensions Regulations 1987, the ordinary duties of a police officer are the duties of the office of constable. They include operational duties…

Section 191(1) of the Housing Act 1996 does not require the accommodation lost to be the accommodation occupied when the deliberate conduct occurred. The…

Higher foreign tax does not, by itself, justify an exceptional enhancement of a multiplier or a lower discount rate for future loss of earnings. The court must…

The 3% discount rate prescribed judicially for future pecuniary loss remained applicable until the Lord Chancellor prescribed a rate under Damages Act 1996. A…

Acceptance of a repudiatory breach discharges future contractual performance, but preserves rights and obligations already unconditionally acquired through…

A large tidal estuary adjoining the open sea is not a “watercourse” for the purposes of section 259(1)(a) of the Public Health Act 1936. An abatement notice…

A mandatory sentence of life imprisonment may lawfully require imprisonment for the prisoner’s natural life where retribution and deterrence demand it. A…

When an accused is found unfit to plead, an inquiry under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 determines whether the accused committed…

A Pallant v Morgan equity may arise from a pre-acquisition arrangement or understanding under which one party is to acquire property and the other is to…

Damages for negligence are compensatory and are assessed by reference to the claimant’s net loss. Financial benefits received because of the injury are…

The Court of Appeal may revise guidelines for damages for pain, suffering and loss of amenity when existing awards no longer provide fair, reasonable and just…

Article 9 parliamentary privilege generally prevents a court from receiving evidence, questions or submissions which challenge the truth or propriety of…

A statutory discrimination complaint seeking pecuniary compensation is a cause of action within section 1(1) of the Law Reform (Miscellaneous Provisions) Act…

A developing claim for psychiatric injury should not be struck out where the assumed facts leave its legal viability uncertain. The categories of primary and…

When an employee has an internal appeal against dismissal, the effective date of termination is not determined automatically by the first dismissal…

Under section 31(2)(b)(i) of the Children Act 1989, “care given to the child” normally means care given by parents or other primary carers. Where care is…

Deceit requires a false representation made knowingly, with an intention that the claimant should act upon it, and actual reliance causing loss. A fraudulent…

Where a local authority has taken a child into care, it does not enjoy a blanket immunity from a common law negligence claim concerning the child’s care…

A barrister’s pupillage may constitute a binding contract between the pupil and the members of chambers. The parties’ intention to create legal relations is…

A court may correct an obvious drafting error by adding, omitting or substituting words only when it is abundantly sure of the provision’s intended purpose…

Proprietary estoppel requires the court to assess assurance, reliance, detriment and unconscionability together. A testamentary assurance need not contain a…

A partnership may arise informally from the parties’ conduct where they collaborate on developing and exploiting a commercial venture with a view to sharing…

Regulation 6(1) of the Provision and Use of Work Equipment Regulations 1992 imposes an absolute and continuing duty. An employer must ensure that work…

The curtilage of a building is a question of fact and degree. It need not always be small, and smallness is not an independent criterion when determining the…

Victimisation under the Race Relations Act 1976 requires an objective comparison. The comparator is identified by the circumstances in which the treatment was…

A statutory offence is presumed to require mens rea unless Parliament excludes it expressly or by necessary implication. A necessary implication must be…

An occupier may owe a measured duty to address a natural hazard on its land which threatens a neighbour, including a hazard involving loss of support. The duty…

Negative declarations are discretionary relief. Their availability depends on their usefulness in achieving justice, with careful scrutiny of procedural…

Evidence of the contents of a communication intercepted in the course of transmission through a public telecommunications system by a person specified in…

The special jurisdiction governing matters relating to insurance under the Lugano Convention does not extend to reinsurance. A claim to avoid a reinsurance…

Once a woman establishes that her work is of equal value to that of an identified male comparator, the Equal Pay Act 1970 requires a term-by-term comparison of…

A statutory power requiring information may impliedly exclude the privilege against self-incrimination where allowing the privilege would frustrate an…

A statutory prohibition making a periodic secure tenancy incapable of assignment prevents one joint tenant from transferring or releasing her interest to the…

When determining appropriate alternative development under section 17(4) of the Land Compensation Act 1961, the planning authority must assume that the…

A facially neutral employment requirement constitutes indirect sex discrimination under article 119 of the EC Treaty where it has a considerably greater…

In construing a commercial contract, the court must ascertain the meaning which a reasonable businessperson would give its language in context. Detailed…

An insurance notification clause which is not a condition precedent may nevertheless be an innominate term. A breach does not automatically defeat liability…

The moratorium imposed by the Insolvency Act 1986, sections 10(1)(c) and 11(3)(d), is not confined to civil proceedings concerning debts or property. The…

Fair dealing for reporting current events is assessed objectively from the publication’s context and likely impact. Relevant factors include motive, extent and…

Authorisation under section 38(4)(a) of the Landlord and Tenant Act 1954 is directed to informed consent to the loss of statutory security of tenure, not to…

An ambulance service which accepts an emergency call for an identified patient may owe that patient a common-law duty to attend within a reasonable time. The…

Under the Unfair Terms in Consumer Contracts Regulations 1994, a standard default term is not exempt from fairness assessment merely because it forms part of…

Where a Treaty right contains no specific rule on compensation, the national legal order determines the available damages remedy. Community law does not…

Under the Hague Convention, a court may possess rights of custody when proceedings concerning custody have invoked its jurisdiction. The pending application…

Under section 1(3) of the Equal Pay Act 1970, less favourable treatment of an opposite-sex employee performing like work raises a rebuttable presumption of sex…

Before staying court proceedings under section 9 of the Arbitration Act 1996, the court should ordinarily be satisfied that an arbitration agreement exists and…

Under section 67(1A)(c) of the Criminal Justice Act 1967, time spent on remand in local authority accommodation reduces a custodial sentence automatically only…

A periodic head tenancy ends in accordance with its terms when a valid notice to quit expires. The notice also determines a derivative sub-tenancy, whether it…

When a parent prefers an out-of-area special school for a child with a statement of special educational needs, the responsible local education authority may…

Under the Drug Trafficking Offences Act 1986, a third party must receive a reasonable opportunity in High Court enforcement proceedings to make representations…

The tort of malicious prosecution does not extend to domestic disciplinary proceedings instituted by a local authority against a councillor. Such an extension…

For homelessness referrals under the Housing Act 1996, local connection must be assessed at the date of the review, or at the date of the initial decision if…

The court has inherent jurisdiction to stay a second action until an unpaid costs order from an earlier action based on substantially the same cause has been…

An Employment Tribunal may regulate how a party or representative conducts a hearing, including by excluding irrelevant evidence and stopping prolix or…

Where a policy gives a policy-holder a guaranteed annuity rate and an option to take an alternative annuity, the contractual annuity increased by any Related…

On a without-notice application for a freezing, search or other interim order, the claimant and its legal advisers owe an overlapping duty of full, fair and…

Under an insurance condition requiring immediate notification of an event likely to give rise to a claim, likely means at least a 50 per cent chance of a…

Qualified privilege in a defamation claim is determined from all the circumstances existing at the time of publication. The court asks whether the public was…