Results.
5 judgments found.
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| November 2024 |
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Whether a High Court may lift a stay after arbitration termination and grant leave to appeal with a stay pending appeal.
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Arbitration law — lifting stay of proceedings after arbitration termination — leave to appeal against interlocutory Ruling — stay pending appeal; procedural compliance with leave-to-appeal rules; commercial efficacy and overriding objective.
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26 November 2024 |
| July 2024 |
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Court held statute (Insolvency Act) prevails over CPR; receiver appointment required notice, so enforcement suspended.
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Appointment of receiver — Order 28 r.29 & r.30 CPR — s.78(1) Insolvency Act — conflict between statute and subsidiary rules — requirement of notice to company — service of statutory demand — procedural compliance with sworn statements — s.79 notification by receiver.
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5 July 2024 |
| June 2024 |
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A late application for security for costs was dismissed where claimant rebutted jurisdictional and asset concerns and delay made the order oppressive.
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Security for costs — Order 32 CPR — residence and central management — assets and enforceability of costs — delay in bringing application — prospects of success — oppressive/stifling effect.
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19 June 2024 |
| February 2024 |
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Claimant awarded outstanding loan sums with interest; no cogent evidence of fraud; attachment of the family-home interest denied.
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Commercial law — loan recovery; alleged fraud in creation of surety charge — requirement of cogent evidence for fraud; distinction between default and breach; attachment of beneficial interest in family home; exemplary damages not available for contract default; garnishee as alternative remedy.
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24 February 2024 |
| January 2024 |
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Court discharged the 1st accused under section 247 CP & EC after the State conceded it had no evidence and could not proceed.
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Criminal law — discharge of accused under section 247 CP & EC where prosecutor unable or unwilling to proceed — inapplicability of section 270 at substantive High Court trial — discontinuance power of DPP under section 77/section 99 — protection against prosecution without credible evidence.
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9 January 2024 |