Home > Legal Opinions tagged Court of Appeal

  • Mostyn maligned as Cheshire West anniversary approaches?

    Ben Troke

    Mr Justice Mostyn’s decision in Rochdale MBC v KW and others – that someone not physically or mentally able to leave was not deprived of their liberty – surprised many. In January the Court of Appeal allowed an appeal against his verdict by consent. Mostyn J has now issued another judgment, sticking to his guns […]

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  • court delivers blow to credit hire companies

    Jamie Whaling

    The Court of Appeal has handed down a significant judgment in a test case on basic hire rate evidence. The decision which is set to clarify the view adopted by lower courts is likely to be seen as a decisive, if not quite fatal, blow to credit hire organisations. A pecunious claimant can no longer […]

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  • business rates warning over vacant property refurbishments

    Sarah Parkinson

    Owners of vacant non-domestic premises that are undergoing refurbishment should not automatically assume that their properties will be assessed at a nominal rateable value. The Court of Appeal has held that a property that had been undergoing internal refurbishment was not exempt from business rates. In this instance, on the valuation date, various major building […]

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  • a reasonable approach to investigating gross misconduct

    Emily Spragg

    In Shrestha v Genesis Housing the Court of Appeal confirmed that employers do not have to investigate every line of defence put forward by an employee as long as the investigation is reasonable as a whole. Mr Shrestha put in mileage claims, which were higher in 2011 than usual. On review, the mileages claimed were […]

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  • finding of 'genuine use' ends the Specsavers trade mark saga

    Annabel Sinclair

    The Court of Appeal has concluded that Specsavers’ extensive use of its green shaded logo mark containing the word Specsavers in white also constitutes ‘genuine use’ of its wordless logo mark (two overlapping ovals registered in black and so in respect of all colours). Specsavers’ wordless mark will therefore remain on the register. This is […]

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  • a common sense victory in manual handling case

    Joanne Mulvenna

    In Helen Jean Sloan v Rastrick High School Governors the claimant, a learning support assistant, alleged that she had sustained injuries to her back and shoulder after pushing a seven year old pupil with special needs in a wheelchair during the course of her employment. The Court of Appeal held that it was not reasonably […]

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  • increased sanctions on appeal

    Helen Badger

    The Court of Appeal yesterday handed down judgment on the ability of employers to increase a disciplinary sanction on appeal by an employee. The ability to increase a sanction will hinge on the content of the contract of employment and/or policy documentation. If employers wish to have the right to increase a sanction on appeal, […]

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  • no costs recoverable for small claims in the Court of Appeal

    Gordon Monaghan

    The costs decision in the Court of Appeal case of Akhtar v Boland has decided that the ‘no costs’ rule for small claims cases applies to the costs of any appeal to the Court of Appeal. The Civil Procedure Rules are very clear in stating that in relation to cases which have been allocated to […]

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  • when is a cost budget not a cost budget?

    Nichola Evans

    Many law firms request cost lawyers to complete cost budgets for their clients and indeed sign off those cost budgets. However the Rules state that a cost budget should be signed off by a ‘senior legal representative’. So what is the status of a cost budget when it has been signed off by a cost […]

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  • riot act - consequential losses recoverable

    Melanie Chisnall

    Insurers will be interested to note the recent Court of Appeal decision which now allows consequential losses to be recoverable under the Riot (Damages) Act 1886 s. 2(1) where the damage to property was caused by people who were “riotously and tumultuously assembled” with the Court of Appeal overturning the High Court decision. The judgment […]

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  • courts consider all circumstances in applications for relief from ...

    Katie Scott

    Post Jackson the courts have taken a strict approach to failure to comply with rules, practice directions and orders. However, the case of Chartwell Estate Agents Limited the Court of Appeal reminded us that under the revised CPR r.3.9, courts are to consider all circumstances of a case when considering applications for relief from sanctions […]

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  • UK law has no place in fatal accidents abroad

    Mukesh Kainth

    The decision in the appeal case of Cox v Ergo Versicherung (2012/0225) confirmed that UK law will have no place in the assessment of fatal damages in accidents abroad. The case involved a fatal accident in Germany. The deceased, Major Cox, was run over whilst cycling. The widow of Major Cox returned to the UK […]

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  • administrators’ liability for rent

    Sarah Parkinson

    The Court of Appeal has overturned the rule that administrators are not liable to pay any rent that falls due prior to their appointment, even though they continue to use premises for the purposes of the administration. Game Station Ltd (‘Game’) went into administration on 26 March 2012, without paying the quarter’s rent due on […]

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  • not a "sufficiently close connection” in Morrisons case

    Hannah Rice

    The Court of Appeal has handed down judgment in the case of Ahmed Mohamud v WM Morrison Supermarkets PLC (2014), a damages claim by a customer who was assaulted and injured by a sales assistant at a supermarket petrol kiosk. Morrisons had no reason to think the employee might be violent, but the claimant relied […]

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  • Licence for alterations and releasing a guarantor

    Richard Miller

    The Court of Appeal has upheld a decision from last summer that a licence for alterations entered into without joining in a guarantor or obtaining its consent operated to release that guarantor. This is based on the common law rule that a variation to a principal contract (without the guarantor’s consent) releases the guarantor unless […]

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  • courts start to enforce Mitchell decision

    Katie Scott

    Decisions relating to the compliance with directions are like buses; you wait ages for one and then they all come at once. We waited until the end of November for the Court of Appeal’s decision in Mitchell; however decisions demonstrating the court’s strict approach following the Jackson reforms are now coming in thick and fast, […]

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  • refuse to mediate at your peril

    Kate Andrews

    In a judgment handed down today the Court of Appeal has taken the opportunity to broaden the principles in Halsey, in relation to awarding costs sanctions against a party who did not ‘beat’ a part 36 offer in court, on the basis of a refusal to mediate. In the case of PGF II SA v […]

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  • new evidence - not grounds enough for an appeal

    Katie Scott

    In the case of Ogytogullari v Zaman, the Court of Appeal held that it was not appropriate to admit fresh evidence in an appeal because it was not possible to say that, had that evidence been before the lower court, it would probably have had an important influence on the outcome of the case. This […]

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  • cost budgets – the court’s (some what confused) approach

    Katie Scott

    In the case of Willis v MRJ Rundell & Associates, Coulson J reminded us that, in a post Jackson era, costs budgets are there as a tool for courts to ensure that parties’ costs budgets are proportionate to the quantum of a claim. The claim concerned a £1.6m professional negligence matter which was subsequently reduced […]

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  • cost budgeting – will the courts take a hard or a soft line?

    Nichola Evans

    Last month the High Court ruled that Andrew Mitchell would have his legal spend restricted to court costs only in his defamation case arising from the ‘plebgate’ scandal against The Sun following his solicitor’s failure to file a cost budget within the time limits required. Master McLeod stated: “budgeting is something which all solicitors by […]

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