Sentences with phrase «claim at first instance»

The JOLs succeeded on their s. 145 claim at first instance, with Clifford J ordering the Appellant to repay over US$ 8 million in redemption proceeds to the liquidation estate.

Mr Glushkov and Mr Berezovsky were successful in striking out the claim at first instance as the court held that to enforce the Russian Judgment in England would be a plain breach of the principle of finality.

Not exact matches

Any claims in respect of FilmOn must be notified at the time of such claim allegedly arising, or as soon as reasonably practicable thereafter, in writing, addressed in the first instance by email to the contact details provided in the «Contact Us» section of this website.

At first instance, their claim failed, so they appealed to the Court of Appeal

The claim had been dismissed at first instance following the judge's misinterpretation of the information requirements under the Consumer Contract Regulations 2013

Erste Group Bank AG v JSC VMZ «Red October» [2014] BPIR 81 (Comm Ct); [2015] 1 CLC 706 (CA)(with Richard Snowden QC and Richard Morgan QC): substantial jurisdiction challenge at first instance and on appeal in relation to conspiracy claims brought by an Austrian bank against Russian state - owned entities.

Estafnous v London & Leeds Business Centres Ltd [2009] EWHC 1308; [2011] EWCA Civ 1157 Acted for the defendant, both at the first instance and in Court of Appeal, in the successful defence of a claim brought by an estate agent for a commission payment of # 2 million.

AC0135666 was then decided at first instance, which gave insurers some reassurance that the striking out of obviously fraudulent claims was not a mere aspiration.

While Mr Justice Beatson, at first instance, determined that the claim was statute - barred, he held that Shore had first suffered loss not in 1997, but in 1999, when his pension rights were demonstrably less valuable (applying principles reiterated in Sephton).

The Court of Appeal agreed with the first instance judge that the claim was time - barred but held that his cause of action accrued when he acted on the alleged negligent advice in 1997; an earlier date than that found at first instance (it also agreed that the claimant could not successfully overcome the limitation defence by relying on the provisions of s 14A of the Limitation Act 1980).

At first instance, the Claimants had succeeded in their breach of contract claim in which they argued successfully that the contract had been improperly terminated by the Defendant.

At first instance, the motion judge held that the parties had released claims «existing to the present time».

Holmes v Evans (2012)(Court of Appeal)(claim to a prescriptive right of way over leased land; effect of procedural decisions at first instance)

In that case, at first instance and on appeal the court held that the party who had terminated a contract for a bad reason and ceased performing leading the other party to terminate for repudiation could not then claim damages when it, subsequently, discovered other grounds which, if it had known about them, would have entitled it to terminate.

Beuthling v. Hayes was a claim by a party who had been convicted at first instance, had the conviction overturned and a new trial ordered, and against whom the charges were ultimately dropped.

At first instance the court applied the «sensible prosecuting authority» test that had developed since Conn, and dismissed the claim.

At first instance, the Employment Tribunal («the ET») rejected the claim.

At first instance, the District Judge rejected Profindo's claims and also upheld Abani's counterclaim against Profindo for a shortfall in the quantity of cement delivered.

At first instance the Employment Tribunal («the ET») dismissed the claim.

The Federal Court of Appeal affirmed that plaintiffs» claims in negligence and breach of confidence were properly certified at first instance.

It is disconcerting that the Court of Appeal in the case of Wood - v - TUI Travel 2017 (not a Hill Dickinson case) dismissed an appeal where the judge at first instance held that section 4 (2) of the Supply of Goods and Services Act 1982 (the Act) could be used against TUI in respect of a claim of contaminated hotel food in order to hold TUI strictly liable.

Their claims had originally been rejected at first instance by Mr Justice Tugendhat -LRB-[2005] EWHC 480 (QB), [2005] All ER (D) 402 (Mar)-RRB-.

On appeal, the order was set aside as the husband could not be considered an «insurer against all hazards», however the appeal court also considered that the wife's financial predicament could be attributed to «misfortune rather than mismanagement» and invited written submissions as to the «territory between the extremes» of an outright dismissal of the wife's claim and the substantial sum awarded at first instance.

As to the latter, Hasham v Zenab [1960] AC 316, [1960] 2 WLR 374 shows that specific performance might be decreed even where no claim for breach of contract had (yet) arisen and the Court of Appeal in P&O Nedlloyd held that it was therefore wrong in principle to regard specific performance — as Mr Justice Colman had done at first instance — as being no more than an equitable remedy for an existing breach of contract.

The employment judge at first instance found that the employer had reasonably believed that the contract became illegal with the expiry of the passport, and so the claimant could not enforce her claim for breach of contract.

At first instance, Mr Justice Jay struck out all of the claims, on the Commissioner's application, pursuant to CPR r 3.4.

Both Mr Justice Arnold at first instance and the Court of Appeal refused VTB permission to amend its claim and held that England was not the appropriate forum.

If I could claim to have fully considered the sum of your collective contributions concerning stare decisis as emphasizing the need for judges at first instance to be fully informed of the applicable law and to follow it, then I would have expanded my speculative musings to suggest that notoriety of a lower court decision is what gives it the potential to muscle its way into gaining equal consideration alongside authoritative higher court rulings when the issue before the court is novel.

The Court of Appeal reversed the decision of the judge at first instance so as to dismiss the claim of a young man, who had injured himself in reckless late night horseplay on the council's land.

Procedure at first instance The procedure to be followed is set out in Corner House: (i) the PCO should be sought on the face of the initiating claim form.

He was instructed at first instance and on appeal in the Court of Appeal in the Claims Direct Test Cases [2003] Lloyd's Law Reports 67 and subsequently in The Accident Group Test Cases [2004] 3 All ER 325.

Shri Nariman then argued that after having expressly consented to the shifting of the seat of arbitration from Kuala Lumpur to Amsterdam in the first instance and effectively taken part in the proceedings held at London till 31.3.2005, respondent No. 1 is estopped from claiming that the seat of arbitration continues to be at Kuala Lumpur.