Results.
15 judgments found.
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| January 2021 |
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Whether a consultant who failed to secure agreed fiscal incentives had performed the mandate to earn the contractual flat fee.
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Contract interpretation — letter of mandate — scope of obligations tied to clause requiring fiscal incentives — payment clause construed as dependent on full performance; extrinsic correspondence and conduct considered but did not vary written mandate; failure to secure statutory incentives defeats entitlement to flat fee.
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29 January 2021 |
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Fixed‑term employees who accept shorter renewal contracts and interviews cannot later claim redundancy or breach absent contractual incorporation of manuals.
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Employment law — fixed‑term renewable contracts — effluxion of time vs wrongful termination — incorporation of employee/operations manuals into contract — redundancy and entitlement to redundancy/early retirement for fixed‑term non‑pensionable employees — retrospective application of statutory redundancy provisions.
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28 January 2021 |
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Whether a verbal engagement amounted to employment; court held appellant was an independent contractor and dismissed the appeal.
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Employment law — contract of employment v independent contractor — degree and extent of control — oral contracts and statutory record-keeping — onus of proof and credibility of witnesses.
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28 January 2021 |
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The court granted the appellant a seven‑day extension to seek leave to appeal because the judgment copy was provided late.
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Application for extension of time — Order XIII Rule 3(1) Court of Appeal Rules — leave to appeal to Supreme Court — Section 13 Court of Appeal Act — late provision of judgment copy — sufficiency of reasons — discretion to extend time.
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27 January 2021 |
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Late delivery of the written judgment justified a seven‑day extension to file for leave to appeal to the Supreme Court.
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Extension of time — Order XIII Rule 3(1) — sufficiency of reasons — late provision of written judgment — leave to appeal — Section 13 thresholds — premature merit assessment
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27 January 2021 |
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Sitting tenancy without an offer and VIP classification do not entitle an occupant to purchase a government house.
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Administrative law; government housing — Civil Service Home Ownership Scheme — eligibility requires sitting tenancy plus offer; VIP classification excludes sale; necessity of offer and acceptance; appellate review of factual evaluation.
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26 January 2021 |
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Administrator ordered to render account and distribute estate; paternity established on balance of probabilities without DNA test.
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Intestate succession — Administrator’s duty to produce inventory and render account (Intestate Succession Act s.19) — Paternity in civil claims proved on balance of probabilities; birth records and witness evidence admissible — DNA testing requires formal application and may not be insisted upon informally — Court bound by record; party’s absence or voluntary departure from court affects right to contest evidence.
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22 January 2021 |
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Administrator's sale upheld; fraud unproven; sale (not loan) enforced; damages and costs against purchaser quashed.
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Property law — administrator's sale under Intestate Succession Act s.19(2) — bona fide purchaser — fraud allegation standard of proof — contract of sale versus loan — time of the essence and notice to complete — registration of assignments out of time — awards of damages and costs.
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20 January 2021 |
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Conviction overturned where circumstantial phone evidence admitted alternative reasonable inferences, entitling appellant to benefit of doubt.
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Criminal law — Circumstantial evidence and inferences — Phone found in stolen vehicle — Dock identification reliability — Benefit of doubt where alternative reasonable inferences exist.
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19 January 2021 |
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Court dismissed incompetent contempt motion for multiple procedural defects, including failure to obtain leave and improper record filing.
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Contempt proceedings — leave to commence required (Order 52 White Book) — affidavit verifying facts — compliance with Supreme Court Rules (records and heads of argument) — amendment/withdrawal and re-filing of defective records — misdescription of parties and locus standi.
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18 January 2021 |
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Stay pending determination requires plausible prospects and special grounds; third‑party fraud allegations alone do not suffice.
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Civil procedure — Stay of execution pending determination of main cause (Order 47/1 RSC) — Discretionary power to preview prospects of success — Consent judgments — Allegations of fraud/mistake relating to third party do not necessarily vitiate consent orders — Loss of land not adequately atoned by damages.
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13 January 2021 |
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Whether registration of a tribunal's refusal of leave for derivative claims bars a parallel derivative suit as res judicata.
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Arbitration award — derivative actions — requirement of leave/permission to continue — refusal of leave by tribunal; registration of arbitral award — res judicata and abuse of process; nominal defendant’s right to challenge derivative proceedings; privies and issue estoppel; costs to successful respondents.
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13 January 2021 |
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Registered arbitral refusal of leave to pursue derivative claims barred parallel domestic derivative litigation as abuse and res judicata.
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Arbitration — refusal of leave to pursue derivative claims — registration of arbitral award as domestic judgment — res judicata and multiplicity of actions; Derivative actions — role of nominal defendant — standing and procedural challenges; Privity — corporate control and application of issue estoppel; Costs — entitlement of all successful respondents where action dismissed.
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13 January 2021 |
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Whether a limitation defence can be enforced where a consent judgment reserved the issue despite no formal plea.
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Limitation Act 1939 s.2(1)(a) — six-year bar for actions on simple contract; Consent judgment — binds parties and may reserve preliminary issues for determination; Amendment of pleadings — Order 20 r.3 RSC; Pleading limitation — Order 18 r.8(1) RSC; Limitation defence may be raised by plea, preliminary issue, or strike-out as abuse/frivolous/vexatious.
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12 January 2021 |
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Unilateral reduction of severance multipliers without express employee consent invalidated the changes; appeal dismissed.
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Employment law — Variation of terms — Unilateral reduction of severance/ex‑gratia multipliers — Requirement of express consent — Implied/acquiesced consent caution — Inclusion of allowances in terminal benefit calculations — Circulars cannot downgrade fundamental conditions without employee consent.
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12 January 2021 |