AccessMyLibrary provides FREE access to over 30 million articles from top publications available through your library.
Create a link to this page
Copy and paste this link tag into your Web page or blog:
AIC and ITS both claim victory in cargo case.
(From Lloyds List)
Byline: Judge overturns deceit charge but court also backs original ruling, writes Roger Pearson
BOTH sides were claiming victory in the long-running battle between AIC and ITS Testing Services (UK) after judgment was handed down by the Appeal Court in London resulting from an incident more than 10 years ago when ITS used the wrong test on a cargo of gasoline.
The court overturned a High Court ruling that ITS had been guilty of deceit over its handling of subsequent test results that showed the cargo failed to meet the standards specified in the contract.
Lord Justice Rix said there had been 'more muddle and fallibility than fraud' in ITS' actions.
The court did, however, by a two-to-one majority, back the High Court judge's ruling that ITS had deliberately concealed the test results until 2004.
The case will now be returned to the High Court, where a judge will have to rule on how it should be disposed of in the light of the appeal findings.
- Disabled woman wins reprieve from house eviction.(News)
- Newspaper article from: Daily Post (Liverpool, England) May 10, 2006 700+ words
...lives a misery has been reprieved from eviction. Lord Justice Neuberger said Anita McMullen's son, Daniel...judge, sitting at London's Appeal Court with Lord Justice Rix and Lord Justice Auld, dismissed Ms McMullen's challenge to a...
- COMMERCIAL & CHANCERY: Set in our ways?
- Magazine article from: The Lawyer September 21, 2009 700+ words
...impartiality. For example, in the Laker Airways v FLS Aerospace & Another (1999) decision, Mr Justice Rix (now Lord Justice Rix) concluded that the fact both counsel and arbitrator came from the same chambers presented no difficulties...
- Landmark ruling makes pre-nuptial agreements 'legal'.(News)
- Newspaper article from: The Daily Mail (London, England) July 3, 2009 700+ words
...Nicolas and I entered into as intelligent adults before our marriage should be honoured.' Lord Justice Thorpe, sitting with Lord Justice Rix and Lord Justice Wilson, said that the courts should now take account of premarital deals on splitting a...
- Landmark ruling makes prenuptial agreements 'legal'.(News)
- Newspaper article from: The Daily Mail (London, England) July 3, 2009 700+ words
...Nicolas and I entered into as intelligent adults before our marriage should be honoured.' Lord Justice Thorpe, sitting with Lord Justice Rix and Lord Justice Wilson, said that the courts should now take account of premarital deals on splitting a...
- Co-op wins right to pursue ICL.(News)(Brief Article)
- Magazine article from: Grocer Watson, Elaine January 17, 2004 700+ words
...the case and had shown a "consistent preference" for ICL's evidence. Appeal Court judges Lord Justice Tuckey, Lord Justice Rix and Lord Justice Jonathan Parker said: "Reluctant as we are to reach these conclusions and mindful as we have...
- Granatino decision sees English, Welsh courts flirt with prenups.
- Magazine article from: The Lawyer July 6, 2009 700+ words
...judicial development." It is this ruling that Lord Justice Thorpe, sitting as presiding judge in the Granatino...Thorpe LJ's views by his fellow appeal judges Lord Justice Rix and Lord Justice Wilson. Mishcon de Reya family partner David Lister...
- [pounds sterling]44,500 bill for helping a friend.
- Newspaper article from: The Evening Standard (London, England) May 18, 2005 700+ words
...duty of care", he could not be held responsible. But today Lady Justice Smith, who heard the case with Lord Justice Rix and Lord Justice Sedley, said it was not "reasonable" for Mr Butler to have believed the rafter was secure. She said...
- Negligent solicitor has to pay.(News)
- Newspaper article from: The Journal (Newcastle, England) July 24, 2003 700+ words
...claim had to be discontinued in December 1999. Lord Justice Rix, sitting with Lord Justice Simon Brown and Lord Justice Chadwick at the...Judge Langan QC in November last year. But Lord Justice Rix yesterday reversed that decision and awarded...
