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Bloomsburry Family law

Professional negligence

Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871

Employment Tribunals - Practice and procedure - Awards - Applicant awarded compensation for unlawful sex discrimination - Employment Tribunal assessment of 75 per cent chance of applicant remaining in employment until retirement age correct - Award of £65,000 for injury to feelings excessive - Injury to feelings distinct from assessing compensation for psychiatric or similar personal injury - Correct approach in assessing compensation for injury to feelings

Carr v Bower Cotton (A firm) [2002] EWCA Civ 1788

Appellant invested and lost money in fraudulent company - Appellant’s solicitor enabled fraud to occur by transferring funds to fraudulent account - Solicitor had authority from appellant to make transfer - Solicitor received authority from events and conversations - Solicitors’ understanding of instructions not determinative - Where document signed by client immediately following discussion with solicitor as to need for it, solicitor’s contemporary understanding of instructions in document was powerful indication of intended meaning of it

Dexter Ltd (in administrative receivership) v Vlieland-Boddy [2003] EWCA Civ 14

Civil Procedure - Company Law - Company took proceedings against director for misappropriation of funds - Director abandoned defence and company obtained judgment - Company issued proceedings against others allegedly involved in fraudulent scheme and receipt of money - Further proceedings against other defendants not abuse of process - Application by defendants to strike out rightly dismissed

Roe v Sheffield City Council [2003] EWCA Civ 1

Personal Injury - Breach of statutory duty - Highways - Tramways - Claimant injured in car accident caused by tram rails - Judge wrong to hold that Tramways Act 1870, s 25 imposed absolute duty to maintain tram rails level with road surface - Obligation to maintain tramway under Tramways Act 1870, s 28 involved same duty as that imposed on highway authority by Highways Act 1980 s 41 - Standard of maintenance to be measured by considerations of safety - Tramways operator and council as highway authority could be concurrently liable for accident caused by tram rails in road surface

R v SoS for the Home Department, ex p Thangarasa; R v SoS for the Home Department, ex p Yogathas [2002] UKHL 36

Judicial Review - Human Rights - Immigration - Asylum - Tamils from Sri Lanka sought asylum in UK after first seeking asylum in Germany - Secretary of State directed removal to Germany as responsible State under Dublin Convention - Secretary of State entitled to certify under Asylum and Immigration Act 1996, s 2(2) that Germany would not send asylum seeker to another country or territory otherwise than in accordance with Geneva Convention - Secretary of State entitled to certify under Immigration and Asylum Act 1999, s 72(2) that allegation that decision to send asylum seeker back to Germany was in breach of the European Convention on Human Rights was manifestly unfounded

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