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Bloomsburry Family law


R v Jones

Criminal Procedure - Conspiracy to defraud - Compensation orders - Judge passed sentence of community service - Adjournment for Crown to make application for compensation order - At adjourned hearing judge made compensation orders - Compensation orders unlawful - Courts had common law power to postpone all or part of sentence - Judge had to spell out purpose of postponement of all or part of sentence at time of postponement - Judge had failed to specify reason for postponement - Powers of Criminal Courts (Sentencing) Act 2000, ss 130, 155- Criminal Justice Act 1988, s 72A(7) and (9)

Hariri v SoS for the Home Department

Judicial Review - Public and Administrative Law - Human Rights - Immigration - Refusal to complete military service - Political opposition - Real risk of breaches of human rights based on non-personal circumstances - Real risk of ill treatment - One function of real risk test was consistent pattern of gross and systematic violations of fundamental human rights - European Convention on The Protection of Human Rights and Fundamental Freedoms 1953, Art 3

Sharratt v London Central Bus Co (The Accident Group Test Cases) (No 2)

Civil Procedure - Insurance - Contract - Personal Injury - Solicitors - Costs only proceedings - Conditional fee agreements (CFAs) - After the event (ATE) insurance - Referral fee - Indemnity principle - Test cases - The Accident Group (TAG) scheme - Recoverability of insurance premium and other costs and disbursements - Sum payable by claimant under TAG scheme not to be regarded wholly as premium within Access to Justice Act 1999, s 29 and not recoverable in full - Fee payable to Accident Investigators not recoverable since it was referral fee and not disbursement - No breach of indemnity principle for solicitor under TAG scheme to agree not to pursue client for any disbursements in excess of those which could be recovered from paying party

Owo-Samson v Barclays Bank plc [2003] EWCA Civ 714

Costs order was made against appellant in favour of respondent - Appellant failed to pay - Charging order over appellant’s home was granted to respondent - Bankruptcy order was made - Appellant applied for annulment of bankruptcy order based on evidence that respondent had undervalued property - Registrar refused to annul order - Registrar had failed to consider whether value of appellant’s security was equal to or greater than debt

Brotherton v Aseguradora Colseguros SA [2003] EWCA Civ 705

Reinsurance - Avoidance - Non-disclosure - Defence - Striking out - Reinsurance of banker’s blanket bond and professional indemnity insurance covering losses caused by dishonest or fraudulent acts of bank’s employees - Allegations of impropriety made against bank president and other senior officials leading to criminal and disciplinary investigations - Allegations of impropriety could be material even if subsequently shown to be unfounded - Materiality of particular circumstance to be judged when risk had been placed and by reference to impact it would then have had on mind of prudent insurer