The test whether a duty of care existed under the had to be determined having regard to the circumstances prevailing at the time that it was alleged that the breach of duty had resulted in injury to the claimant.
 All ER (D) 382 (Feb) | Thu, 27/02/2003
Where Mr and Mrs A had IVF treatment, and it later transpired that, due to an error, Mr B's sperm, not Mr A's sperm, had been used to inseminate eggs from Mrs A, the court ruled that Mr A did not come within the presumptions under s28 of the and that...
 All ER (D) 374 (Feb) | Wed, 26/02/2003
A material circumstance for the purposes of disclosure to an insurer was one which would influence the judgment of a prudent insurer in fixing the premium or determining whether he would take the risk. Accordingly, the concept of materiality was...
 All ER (D) 371 (Feb) | Wed, 26/02/2003
Equitable principles compelled the conclusion that a ship mortgagee, when deciding whether to enforce his security by arresting the vessel, had to do so in good faith for the purpose of obtaining repayment of the loan. He did not, however, owe the...
 All ER (D) 360 (Feb) | Wed, 26/02/2003
Since the primary obligation in para32.7 of CPR Pt47 PD was on the receiving party to provide to the paying party a statement of reasons for the percentage uplift in the receiving party's legal costs under a conditional fee agreement, it was for the...
 All ER (D) 339 (Feb) | Tue, 25/02/2003
Where a claimant obtained a settlement in privately funded proceedings pursuant to the on the basis of a judgment over which the Legal Services Commission had a charge pursuant to s16(6) of the although the Act did not expressly provide for a transfer...
 All ER (D) 353 (Feb) | Tue, 25/02/2003
Having regard to art6(2) of the European Convention on Human Rights the onus of proof provision in s5(2) of the imposed a legal burden on an accused who was charged with an offence contrary to s5(1)(b) of that Act which prima facie interfered with the...
 All ER (D) 335 (Feb) | Mon, 24/02/2003
R (on the application of Grundy & Co Excavations Ltd and another) v Halton Division Magistrates Court and another
In a prosecution under s17 of the where it was common ground that no licence had been issued for felling trees under s9(1), it was for the accused to prove on the balance of probabilities that no licence was required; the only mental state which the...
 All ER (D) 322 (Feb) | Mon, 24/02/2003
The applicant's appeal against the employment tribunal's preliminary issue decisions that it had no jurisdiction to hear the applicant's complaints was allowed as the applicant was within the scope of ss4 and 12 of the .
 All ER (D) 306 (Feb) | Fri, 21/02/2003
Breach of the peace did not amount to an offence for the purposes of the and the provisions of that Act did not therefore apply where a person had been arrested and detained for a breach of the peace.
 All ER (D) 316 (Feb) | Fri, 21/02/2003