Case Summaries: 4 May 1998
Monday 04 May 1998
Bills of exchange
Novaknit Hellas SA v Kumar International Ltd & ors; CA (Millett, Waller, Chadwick LJJ) 3 Apr 1998.
Bills of exchange which were expressed to be payable "on 60 days from shipment" and "on 60 days from first presentation of documents" were bills of exchange within the meaning of s 3 of the Bills of Exchange Act 1882, since the provisions as to the date of maturity were sufficiently certain for the purposes of s 11 of the Act.
Max Mallin (Kosky Seal & Co, Harrow) for the plaintiff; Robert Denman (Slater Links, Bury) for the defendants.
Portman Building Society v Bond & anor; Ch D (Michael Crystal QC, sitting as a deputy judge) 3 Apr 1998.
A judge had power to rule on a question of admissibility of expert evidence on a pre-trial review and it was desirable, where practicable, for a dispute as to the admissibility of solicitors' expert evidence in a solicitors' negligence case to be resolved before trial, if the proposed parameters of the evidence were sufficiently defined.
Hugh Tomlinson (Clarke Willmott & Clarke, Bristol) for the building society; Stephen Acton (Wansbroughs Willey Hargrave) for the defendants.
R v Legal Aid Board (Merseyside) Area Office, ex p Eccleston; QBD (Sedley J) 3 Apr 1998.
The Legal Aid Board had power under reg 61(2)(d) of the Civil Legal Aid (General) Regulations 1989 to give prior authorisation for an assisted person's reasonable travel expenses in attending a meeting with an expert.
Peter Duffy QC, Tim Eicke (E. Rex Makin & Co) for the applicant; Javan Herberg (Legal Aid Board) for the respondent.
George Fischer Holding Ltd v Multi Design Consultants Ltd (Roofdec Ltd & ors, third parties); George Fischer Holding Ltd v Davis Langdon & Everest (Roofdec Ltd & anor, third parties); QBD, Official Referees' Business (Judge Hicks QC) 6 Apr 1998.
Where a remedial scheme intended to be implemented after trial of an action for breach of contract for defective work was subsequently rejected by the court, professional fees incurred in respect of designing the scheme could not be recovered as damages, since the cost of such preparatory work was part of the total cost of the scheme in question and stood or fell with the remainder of that cost.
Howard Palmer (Masons) for George Fischer Ltd; Bruce Mauleverer QC, Charles Manzoni (Rowe & Maw) for Multi Design Consultants Ltd; Peter Coulson (Park Nelson) for Davis Langdon & Everest.
- 2 The man who filmed the Freddie Gray video has been arrested at gunpoint
- 4 How the language you speak changes your view of the world
General Election 2015: Fishing is on Nigel Farage's mind as he casts a line to the disaffected of Grimsby
The man who filmed the Freddie Gray video has been arrested at gunpoint
Indonesia executions: Death row British grandmother Lindsay Sandiford will refuse to wear a blindfold when she faces firing squad
Oxygen-starved 'dead zones' with no marine life up to 100-miles long discovered in the Atlantic Ocean
Russian warships accused of 'chasing away' Swedish vessel to prevent Baltic States from achieving energy independence
Over 50,000 families shipped out of London boroughs in the past three years due to welfare cuts and soaring rents
EU asylum policy is 'a direct threat to our civilisation', says Nigel Farage
The Rothschild Libel: Why has it taken 200 years for an anti-Semitic slur that emerged from the Battle of Waterloo to be dismissed?
General Election 2015: SNP and its activists 'openly racist' towards the English, Farage says
General Election 2015: UK will be 'run for the wealthy and powerful' if Tories retain power, Labour warns
Schools forced to act as 'miniature welfare states' with teachers buying underwear and even haircuts for poor pupils
£28000 - £45000 per annum: Recruitment Genius: A Senior Digital Marketing Cons...
£16640 - £18500 per annum: Recruitment Genius: An Assistant Stores Keeper is r...
£16000 - £18500 per annum: Recruitment Genius: This is an excellent opportunit...
£17000 - £30000 per annum: Recruitment Genius: Developer required to join a bu...