Results.
6 judgments found.
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| April 1993 |
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Application to set aside interlocutory default judgment granted due to unfairness from procedural irregularity and waiver by the respondent.
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Civil procedure — setting aside interlocutory default judgment — extension of time for challenge to ex parte orders — change of legal representation — waiver of irregularity — requirement to show meritorious defence.
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29 April 1993 |
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Section 65A permits a claimant to sue an insurer directly without first proving the insured's liability.
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Road Traffic Act s65A — statutory right of third party to sue insurer directly — interpretation of "any person having a claim" — distinction from UK Third Parties (Rights against Insurers) Act 1930 — non-joinder not fatal; pleadings must disclose cause of action.
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27 April 1993 |
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Summary judgment for most of claim; defendant may contest a disputed invoice only if that sum is paid into court.
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Civil procedure — Order 14 summary judgment — defendant may raise bona fide defences despite offering to pay by instalments or issuing post‑dated cheques; quotation error and alleged poor workmanship can constitute triable issues; conditional leave to defend subject to payment into court.
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13 April 1993 |
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Administrators must account and distribute the intestate estate; pension death benefits to nominated beneficiaries are excluded and prior disbursements are offsets.
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Succession and intestate distribution — administrators' duty to account — pension death benefits nominated to beneficiaries — characterization of death benefits as not part of estate — fair distribution under Wills and Inheritance Act — advances treated as offsets against shares.
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8 April 1993 |
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Default judgment set aside due to excessive endorsed costs and unliquidated tortious claim; defendant to serve defence within fourteen days.
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Civil procedure — Default judgment — Notice of intention to defend — duty to lodge notice with court; process‑server employed by plaintiff insufficient; irregularity where endorsed costs exceed statutory fourteen‑day costs; tortious claim for inducing breach yields unliquidated damages and cannot support final default judgment; setting aside default judgment where real disputes and accounting enquiries exist.
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6 April 1993 |
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Whether an insurer can be struck off where passenger cover is non‑compulsory turns on the actual policy terms, not section 62 alone.
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Road Traffic Act — section 62/62A — compulsory third‑party insurance excludes passenger cover for vehicles not habitually carrying passengers for hire or reward; scope of insurer liability depends on policy terms; strike‑out inappropriate where policy not produced; contributions by passengers do not alone establish hire or reward.
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5 April 1993 |