The judgment, handed down by Lord Justice May in the Court of Appeal last week (19 February), ruled that
an earlier judgment ordering CBUK to pay # 4.2 m in damages to Wembley Stadium's main contractor Multiplex should be reduced to # 1.8 m.
Not exact matches
The development is as a result of the May 4, 2018
judgment of the Court of Appeal, Lagos Division, dismantling the restraining
orders of the Lagos Division of the Federal High Court
earlier obtained by the federal lawmaker.
It could be argued that the ECJ had not been able to properly establish the scope of Article 101 TFEU by declaratory
judgment, in accordance with the principles of civil law on which the EU legal
order is supposedly based, as there was no
earlier case in which it could «clarify» this.
«There were already costs
orders in place for the claimants, and the effect of the costs
judgment was to negate the
earlier orders.
In
order to upset an
earlier judgment, the fraud must be material, and the plaintiff (victim) must prove that 1) she suffered substantial harm as a result, and 2) she could not have detected the fraud at the time it occurred by using reasonable care.
Partly relying on the
earlier judgment, the court
ordered the use of the software.
For example, our members recently used the strictness of fiduciary obligations to secure
early summary
judgment for the claimant, and trust and tracing
orders over property, in LS Systems Ltd v Scott, a misappropriations case against a former managing director.
Now,
earlier in the
judgment, the AG also considers albeit more or less obiter (the CJEU is certain not to entertain it) what may in fact be the more important (for it tends to be less sub judice at the CJEU) part of her Opinion: whether the Mareva
orders actually constitute a «
judgment» for the purposes of the Regulation.