Results.
9 judgments found.
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| July 2011 |
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Interim injunction granted in defamation claim where defendants’ justification and fair-comment defences lacked realistic prospects of success.
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Defamation—interim injunction; Bonnard v Perryman rule against prior restraint where defendants plead justification/fair comment; statutory defences—justification (s.6) and fair comment (s.7) require particularized, reasonably supported facts; interlocutory test—serious question to be tried, adequacy of damages, balance of convenience; injunction granted where defences lack realistic prospect of success
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31 July 2011 |
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Whether UN reimbursements under the MOU vest in the Government or give troops a direct entitlement to withheld allowances.
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Interpretation of Memorandum of Understanding — meaning of "reimbursement"; whether UN reimbursements vest in State or individual troops; legal effect of consent judgments and unopposed decisions; entitlement to withheld peacekeeping allowances
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25 July 2011 |
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Whether a fatal shot in a struggle over a firearm during poaching constitutes murder or manslaughter.
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Criminal law — Poaching incident — Causation under Section 207(e) — Malice aforethought under Section 204 — Distinction between murder and manslaughter — Fatal firearm discharge during a struggle — Identification parade and ballistic evidence
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24 July 2011 |
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Winding-up order set aside due to procedural irregularities; directors/members may seek review without prior leave.
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Company law — Winding-up — Procedural defects (service, advertisement) — Curability under Companies (Winding‑Up) Rules 2004 (Rule 51, Rule 6(4)) — Directors/members may apply under s.296(1) — Review permissible — Premature taxation of costs (Order 62)
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21 July 2011 |
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Plaintiff failed to prove fraudulent misrepresentation; clear written sale enforced and claims dismissed with costs.
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Contract law — fraudulent misrepresentation and rescission — Misrepresentation Act s.2 inapplicable where fraud alleged; standard of proof for civil fraud elevated; written agreement enforced over extrinsic evidence; proof of title required under Lands and Deeds Registry Act
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20 July 2011 |
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Interim attachment under Order 26(1) must be sought before judgment and requires proof of intent to frustrate execution.
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Civil procedure — Interim attachment (Order 26 r.1 High Court Act) — remedy is pre-judgment — requires proof of intent to obstruct execution and prior call to furnish security — effect of receivership requires evidence
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19 July 2011 |
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An intervening purchaser was not a necessary party; duty to investigate a caveat bars joinder, remedy lies against the seller.
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Civil procedure — Joinder/Intervention — Order 15 r6(2)(b) and (3) — Whether a purchaser with separate contractual claim should be added as party — Caveat and purchaser’s duty to investigate encumbrances — Remedy against seller, not property
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17 July 2011 |
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Applicant failed to demonstrate real risk of asset dissipation or make full and frank disclosure; Mareva injunction discharged.
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Mareva injunctions — prerequisites for grant — need for specific evidence of risk of dissipation; full and frank disclosure in ex parte applications; Order 29 r.1A permits cross-examination of assets affidavits but does not authorise ordering their filing; foreign corporate status alone insufficient
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12 July 2011 |
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Winding-up petition dismissed for unreasonable delay and failure to establish a prima facie case; appeal leave conditional on security.
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Companies Act — Winding-up petition — Unreasonable delay and failure to prosecute — Prima facie case required under s.271(3)(b) — Court may order security for costs under s.271(3)(a) — Petition dismissed with costs; conditional leave to appeal
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12 July 2011 |