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In My Opinion

A Clerk’s View of the Bar Today

On 12 June 2014 the Institute of Barristers’ Clerks held its annual dinner. Guests included two Justices of The Supreme Court, The Rt Hon Lord Reed, The Rt Hon Lord Toulson, the... read more

In the Thicket

On 28 October 2013 a trial began in Court 12 of the Central Criminal Court concerning the conduct of certain members of the British press. Two days later, the Privy Council approved a... read more

Law and Morality: the eternal debate

Last autumn two senior judges gave speeches concerning the relationship between law and morality, thus reigniting the embers of a debate which has flared up repeatedly over the last two... read more

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BV Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc.

Contract – Misrepresentation. The defendant company was entitled to rescission of a revised contract (which had required it to pay more for the supply of a dried egg product) by reason of fraudulent misrepresentation by the claimant company. Consequently, the original contract between the...

Camway Contracts Ltd v Chapman Lang Ltd

Building contract – Adjudication. The adjudicator, in considering that the defendant employer's defence of set-off was outside the scope of an adjudication relating to the payment of VAT, had failed to rule substantively on a material issue on which he should have ruled. Accordingly, the...

Re B-P (children) (adoption or fostering)

Family proceedings – Orders in family proceedings. The recorder had not given any weight at all to the evident potential benefits of adoption for three children, then aged 4, 3 and 18 months, whether together or separately, in terms of commitment, security and permanence. Accordingly, the Court...

Seatreiver International Holdings Ltd v Daly and others

Confidential information – Injunction against disclosure of information. The claimants had made out a case for the grant of a limited springboard injunction, and a springboard injunction lasting for 12 months was a proper and proportionate order to make. However, the Chancery Division, held that...

Warren v The State (Pitcairn Islands)

Human rights – Right to a fair hearing. The appellant's applications, pursuant to s 25 of the Pitcairn Constitution, alleging breach of his rights in relation to his trial and conviction for possessing child pornography, were an abuse of process. Accordingly, the Privy Council dismissed the...

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