Results.
6 judgments found.
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| November 1999 |
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Where a claim pleads an unspecified "bank rate" for interest, the court will apply the Judgment Act rate (5%).
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Interest — rate to apply where claim pleaded as "bank rate" without specification — commercial versus investment rates — pleading requirements for interest — application of Judgment Act rate (Courts Act s.65) as convenient guide
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23 November 1999 |
| August 1999 |
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An interlocutory injunction preventing the appellant from remaining in the matrimonial home was justified by threats of violence.
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Interlocutory injunction — matrimonial home — alleged domestic violence and threats — adequacy of damages — injunction duration tied to pending divorce proceedings — equity looks to substance not form — American Cyanamid principles applied.
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26 August 1999 |
| July 1999 |
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Applicant's challenge that key prosecution witnesses were "tainted" and that the summing‑up was inadequate was rejected.
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Criminal law — murder — credibility of eye‑witnesses — alleged "tainted" witnesses — adequacy of summing‑up and directions to jury — appellate review of jury verdict
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27 July 1999 |
| February 1999 |
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Bail for serious offences is discretionary; prosecution non-objection is not decisive and prolonged remand alone is not exceptional.
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Criminal law — Bail — Constitutional right to bail not absolute — Serious offences (murder) require exceptional circumstances for bail — Prosecution's non-objection not dispositive — Committal to High Court a legitimate factor — Subsequent bail applications require material change.
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24 February 1999 |
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24 February 1999 |
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No binding sale existed; appellant awarded repayment of the redemption sum with 5% statutory interest, specific performance denied.
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Contract law — agreement to agree; no binding sale where essential term (price) not agreed — Specific performance refused — equitable clean hands — restitution of redemption payment — statutory interest under s.65 Courts Act — contractual interest must be pleaded
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22 February 1999 |