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Locations of Courts ⇑. The jurisdiction of most English courts can be exercised by a judge of the appropriate seniority with very little formality. Therefore, whilst most courts have regular court-houses where cases are usually heard, cases can be heard at any convenient location.
The list of common ground and issues will be used by the parties and the court as a case management tool as the case progresses to determine various matters, including: • the scope of disclosure and the factual and expert evidence (Commercial Court Guide, paras D2.1(c), D5.4 and E1.2) • whether issues should be determined summarily ...
The Guide sets out how and when this is to be drawn up, as a list of issues of fact and law for trial and a matrix of common ground, and made available for case management purposes at the first CMC (D.5.1-5.2). The parties are required to turn their mind to this promptly at close of pleadings (C6.1). 12.
May 13, 2023 · The common law system is distinguished by the doctrine of “stare decisis”, translated from Latin as “stand by what has been decided”, or binding precedent. It is a principle of practice, built up through the common law since its inception in medieval times and is made up from both custom and judge-made law (Lawson, C.M, 1982).
- The Facts
- The Clarity of The Argument
- Pleading The Defence of Reasonable Practicability
- The Judge’S Findings on Reasonable Practicability
- The Alternative Argument Under Regulation 5
- Commentary
The claimant was injured when falling on ice having got out of a company vehicle and walked along an access road. He failed at trial but appealed on the ground that the judge failed to consider properly Regulation 12 of the Workplace Regulations.
The judge was critical of the manner in which the case had been presented. A2. The issues below, and the judgment 1. This was a case where the complexity of actual or potential issues and sub-issues plainly called for steps to be taken by the parties to agree a list of issues. It is unfortunate that in the present case no agreed list of issues was ...
The judge then discussed the claimant’s complaint that there had been no notice that the defendant was going to rely upon the defence of reasonable practicability set out in paragraph 12(3) of the Regulations. C2. Absence of notice and opportunity to respond 1. Grounds 1 to 3 complain in various respects that Mr Burrows had no notice that Northumbr...
The appellate judge found that there were factual grounds upon which it was open to the trial judge to find that the defendant had taken all reasonably practicable steps. 1. I have dealt in section C2 above with the question as to what Northumbrian Water had to plead. Turning to the burden of proof, as noted in section C1 above it is common ground ...
The claimant complained that the judge had failed to consider an alternative argument under Regulation 5 of the Regulations. The appellate judge considered this issue afresh and determined that there was no breach . The argument under Regulation 5 was bound to fail.
Most of the recorded complaints in relation to written submissions are about their being over-long. Here we have a complaint of lack of clarity.A Schedule of Issues would clearly have helped at trial and upon appeal.It is still prudent for a defendant to plead, specifically, the defence of reasonable practicability.Jul 18, 2018 · Between you and me: Rights in common and the Land Register. The recent Scottish Lands Tribunal case related to the accuracy of the Land Register, under s82 of the Land Registration (Scotland) Act 2012. A dispute arose about the rights in residential property which had been split into two flats. 18 July 2018. Home.
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