Monday 19 January 1998
Lloyds Bank plc v Wojcik & anor; CA (Evans LJ, Wilson J) 19 Dec 1997.
A defendant who had not served a counterclaim or set-off with his original defence to particulars of claim might amend his defence by adding a set- off and counterclaim after the expiry of the limitation period.
Sebastian Neville-Clarke (D.J. Freeman) for the first defendant; Anthony Mann QC (Hammon Suddards) for the plaintiff.
Ager v Ager; CA (Simon Brown LJ, Hale J) 19 Dec 1997.
Where the Court of Appeal made an order for costs not to be enforced without leave of the court against a legally aided party, the party seeking to enforce the order should apply not to the Court of Appeal but to the court from whose order the appeal had been brought.
Simon Oliver (Dzimitrowicz York, Croydon) for the appellant; Matthew Rudd (Dolman & Pritchard, Cobham) for the respondent.
MCC Proceeds Inc v Lehman Brothers International (Europe); CA (Hobhouse, Pill, Mummery LJJ) 19 Dec 1997.
A person was only entitled to sue in conversion if he had actual possession or the immediate legal right to possession of the goods at the time of the conversion. Accordingly, where a nominee agreement had created a trust of shares for the benefit of the plaintiff company, and the defendant was a bona fide purchaser for value of the legal estate in the shares from the trustee, without notice of any breach of trust or of any claim by the plaintiff, the plaintiff could not maintain an action in conversion against the defendant.
Patrick Neill QC, Murray Rosen QC, Paul Smith (Herbert Smith) for the plaintiff; Charles Aldous QC, Robert Hildyard QC (Freshfields) for the defendant.
- 1 Home Office says Nigerian asylum-seeker can’t be a lesbian as she’s got children
- 2 What happens to your body when you give up sugar?
- 3 Drugs Live cannabis trial: Hash is less harmful than any other drug, expert claims
- 4 Turkish Airlines flight TK 726 crash-lands on Nepal runway amid dense fog
- 5 Apple and Google users being spied on for a decade because of 'Freak' security flaw
The City of the Monkey God: Archaeologists claim to have found city lost for 1,000 years in remote Honduran jungle
Turkish Airlines flight TK 726 crash-lands on Nepal runway amid dense fog
Japanese island overrun with cats after population explodes
London property boom built on dirty money
Becky Watts: Stepbrother and his girlfriend named locally as two arrested on suspicion of murder
Durham Free School: 'Creationism taught at' free school facing closure
Nearly 100,000 of Britain's poorest children go hungry after parents' benefits are cut
Ukip would cut billions from Scottish budget to fund English tax cuts
End of the licence fee: BBC to back radical overhaul of how it is funded
Ukraine crisis: Top Chinese diplomat backs Putin and says West should 'abandon zero-sum mentality'
Boris Nemtsov shot dead: Outspoken Putin critic who had expressed fears for his life is killed near the Kremlin
£25000 - £35000 per annum: Recruitment Genius: This firm are focussed on assis...
£7 per hour: Recruitment Genius: A vacancy has arisen for a General Processor ...
£18000 - £22000 per annum: Recruitment Genius: A great opportunity has arisen ...
£14000 - £16000 per annum: Recruitment Genius: Full time and Part time positio...