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My previous blog post on the decision of C v D – see – http://www.interalialegal.com/2011/01/when-is-an-expressed-reference-to-a-part-36-offer-not-a-valid-part-36-offer/ has now been overturned on appeal. The essence of the Court of Appeal’s decision [2011] EWCA Civ 646, is below. On 27 May 2011, the Court of Appeal heard the defendant’s appeal (Rix, Rimer and Stanley Burnton LJJ). The three [...]
Posted by Darren Sylvester on Friday, June 3, 2011 at 6:18 am
Filed under In The News, latest law updates, Support For Law Students · Tagged construction of the term 21 days, Court of Appeal, Gibbon, Lord Justice Rix, lpased offers, Moore-Bick LJ, Part 36 offers, time limited offers, withdrawal of a Part 36 offer
My previous post on Uren v Corporate Leisure (UK) and ors [2010] EWHC 46 (QB) is below http://www.interalialegal.com/2010/02/an-update-on-the-law-of-negligence/ Mr Uren has now appealed to the Court of Appeal against the decision of Field J – see Robert Lee Uren v (1) Corporate Leisure (UK) Ltd and (2) Ministry of Defence [2011] EWCA Civ 66. The appellant [...]
Posted by Darren Sylvester on Tuesday, March 1, 2011 at 7:22 am
Filed under Exams, latest law updates, Support For Law Students, Tutoring · Tagged Compensation Act 2006, contractor, Court of Appeal, duty to warn, non-delegable duty, RAF base, reasonably safe, risk assessments, Uren v Corporation Leisure (UK) and ors [2010] EWHC 46 (QB)
The Court of Appeal’s judgment in Esdale v Dover District Council [2010] EWCA Civ 409 highlights the significance of a local authority’s policy when considering a claim under s.2(2) of the Occupiers’ Liability Act 1957. In short, the claimant was injured when she tripped and fell on a pathway that led up to a block [...]
Posted by Darren Sylvester on Wednesday, July 7, 2010 at 6:30 am
Filed under Exams, latest law updates, Support For Law Students, Tutoring · Tagged .2(2) of the Occupier’s Liability Act 1957, breach of the duty of care, Court of Appeal, Esdale v Dover District Council [2010] EWCA Civ 409, inspection, local authority's policy, owner and occupier, standard of safety, visual assessment
In Kernot v Jones [2010] EWCA Civ 578, the Court of Appeal held that Leonard Kernott was entitled to a 50% share of the home he lived in for eight years with his former girlfriend, Patricia Jones, despite the fact that he had neither paid for nor lived in it since 1993. It was Patricia [...]
Posted by Darren Sylvester on Thursday, June 3, 2010 at 10:48 pm
Filed under Exams, In The News, latest law updates, Tutoring · Tagged "cautionary tale", Cohabitants law, Court of Appeal, fair and just, home, human emotional relationships, joint beneficial interests, Kernott v Jones [2010] EWCA Civ 578, Law reform, Lord Justice Ward, residential property, Stack v Dowden [2007] All ER 929, unmarried couples, Ward LJ