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Bloomsburry Family law


Laing Homes Ltd v Secretary of State for Transport, Local Government and the Regions [2002] EWHC 1967 (Admin)

Planning Law - Applications for residential development of greenfield sites as urban extensions - Both applications called in - Secretary of State decided that permission should be granted for first site on basis of housing need - Claimant complained that Secretary of State’s decision determined its application because need justified release of only one of sites - Secretary of State not obliged to undertake comparative assessment - Comparative assessment not required by PPG3 - Claimant could be person aggrieved by decision - No unfairness in way Secretary of State dealt with matter - Challenge to decision dismissed - Town and Country Planning Act 1990, s 288

Wright v Law Society

Solicitors — Human Rights — Law Society resolved to intervene in solicitors’ practice — Applicant partners obtained interim relief restraining intervention on without notice application — Court refused to continue interim relief — Court had no power to devise less draconian intervention regime — Law Society had good grounds for suspecting dishonesty — Intervention did not contravene human rights since Law Society acted in the public interest and subject to conditions provided for by law — Solicitors Act 1974 sched 1 — European Convention on Human Rights First Protocol Art 1

A v Bottrill [2002] UKPC 44

Negligence - Personal Injury - Remedies - Damages - New Zealand - Exemplary damages - Under common law of New Zealand court’s jurisdiction to award exemplary damages in negligence cases not confined to cases where defendant intended to cause harm or was consciously reckless as to risks involved - Test for exemplary damages was outrageous conduct by wrongdoer - Claimant entitled to new trial on basis of new evidence of gross negligence by defendant