Results.
7 judgments found.
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| February 2022 |
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A renewed interlocutory injunction cannot be brought to the Supreme Court while the Court of Appeal is seised without prior leave.
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Procedure — Appellate jurisdiction — Supreme Court’s restricted role post-2016 — Effect of Court of Appeal Act s.13 — Interlocutory injunctions — Renewed applications not permitted in Supreme Court while appeal pending in Court of Appeal without leave — Single judge cannot sit as appellate court over Court of Appeal — Requirement to specify terms of injunction.
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23 February 2022 |
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Leave refused: issues were private/interlocutory and did not raise points of public importance; application dismissed with costs.
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Leave to appeal — Section 13 Court of Appeal Act — limited to points of general public importance; appellate procedural non-compliance (Order X Rule 9) — interlocutory; appellate contradiction — capable of clarification; measure of damages in wrongful dismissal — notice-period principle; application dismissed with costs.
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23 February 2022 |
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Leave to appeal refused: alleged smuggling did not render the contract illegal and proposed appeal raised only factual issues.
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Leave to appeal — Section 13 Court of Appeal Act — Illegality in contract — alleged smuggling of funds does not invalidate contract absent illegal purpose — appellate review limited to questions of law, not re‑appraisal of factual findings.
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22 February 2022 |
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A Rule 10 interested party may challenge a consent winding‑up judgment; directors retain residual powers and the flawed liquidation must be re-opened.
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Companies law — winding up — Rule 10 notice confers interested-party locus to be heard; consent judgments and third‑party rights; residual powers of directors in liquidation; provisional liquidator appointment; judicial supervision and procedural fairness; liquidator’s fiduciary duties; joinder of liquidator.
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17 February 2022 |
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Sworn evidence of a child aged 14+ need not be corroborated by law; corroboration remains practice in sexual offences.
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Juveniles Act s122 — sworn evidence by child witnesses; corroboration statutory only for under-14s; sexual offences — corroboration a rule of practice; odd coincidences as corroboration; circumstantial evidence; identification.
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10 February 2022 |
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Counsel’s holiday and procedural error did not constitute good cause to extend time to reopen the appeal.
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Civil procedure — Extension of time — Rule 12(1) Supreme Court Rules — Requirement of good cause and sufficient material — Counsel’s omission or mistake does not ordinarily justify extension — Reopening appeal — Promptness and explanation for delay.
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8 February 2022 |
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Whether circumstantial evidence and adverse credibility findings can safely sustain a murder conviction.
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Criminal law — Circumstantial evidence — staged approach to infer facts — sufficiency to exclude hypotheses of innocence; Credibility — effect of inconsistencies and lies; Safety of conviction; Last-seen evidence; Forensic and CCTV evidence.
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1 February 2022 |