Court Report

Articles

Logix Aero v Siam Aero: Court of Appeal confirms fraud breaks causation chain in email interception claims

Email interception fraud does not create contractual liability where the breach merely enabled, rather than caused, the loss.

Gardner v DPP: Privy Council rules constitutional motions cannot bypass criminal appeals in closed cases

Constitutional challenge to jury selection cannot substitute for criminal appeal process where adequate redress remains available.

Hosein v Attorney General of Trinidad and Tobago: Privy Council dismisses constitutional claim over 17-year delay

A state employee retrenched in 2003 fails to obtain constitutional relief after the Board finds his 17-year delay in bringing proceedings to be inordinate and...

Fenech and Dunne v FCA: unsuitable pension transfer advice and the limits of the "transfer in isolation" model

Upper Tribunal finds majority of advice suitable despite systemic compliance failings and dishonesty findings.

O'Boyle v Wallis: costs liability of CPR 19.12 representatives clarified

Personal representatives and estate representatives are not the same — and costs orders against them should not be treated identically.

Dentons v SRA: Court of Appeal rules seriousness threshold applies to Principle 7 AML breaches

A breach of anti-money laundering regulations does not automatically constitute a disciplinary violation under SRA Principle 7.

A & B v C & D: High Court rules public policy has no place in parental order authorisation decisions

Public policy considerations are legally irrelevant to the authorisation of surrogacy payments under paramount welfare.

Trans Trade RK SA v Sebat Shipping: when an invalid NOR leaves laytime stranded

An invalid notice of readiness cannot trigger laytime, even once cargo operations begin.