highcourt

Jul

2021

'Seriously Incompetent' Company Director Receives Four-Year Disqualification

Written by Leanne Schneide...

Many company directors admirably soldier on when their companies are experiencing cash flow difficulties, but it is the mark of a competent director to know when to seek professional insolvency advice. A director who left that decision far too late...

Jun

2021

Commercial Leases and Opting Out of Security of Tenure – Test Case Ruling

Written by Sydney Mitchell

Commercial landlords and tenants may contract out of the security of tenure provisions of the Landlord and Tenant Act 1954, but only if certain conditions are met. One of those conditions came under close analysis by the Court of Appeal in a ruling...

Jun

2021

High Court Rejects Divorcee's Bid to Annul Ex-Husband's Bankruptcy

Written by Teresa Mannion

It is sadly true that bankruptcy proceedings are sometimes used by perfectly solvent individuals for purposes other than seeking to satisfy their creditors or manage their debts. However, as a High Court case showed, alleging such conduct is one...

Jun

2021

High Court Identifies Glaring Flaws in Public Contract Tendering Exercise

Written by Roy Colaba

Those who compete for public contracts have a legally enforceable right to expect a transparent and even-handed tendering process. In a case concerning the award of a number of regional road-surfacing contracts, however, the High Court found that...

May

2021

Waiver of Contractual Rights by Conduct – Instructive High Court Ruling

Written by Roy Colaba

Strict contractual rights, no matter how clearly defined, may be impliedly waived by conduct. That principle came under High Court analysis in a dispute concerning stalled plans for the construction of a space age engine testing centre. Trustees of...

May

2021

High Court Tackles Mother's Implacable Hostility to Paternal Child Contact

Written by Emma Gray

The vast majority of mothers recognise that their children thrive best when they have a positive relationship with both their parents – but there are sadly those who are implacably opposed to paternal contact. A High Court case, however, strikingly...

May

2021

Child Maintenance – Court weighs up lifestyle expectations and resources

Written by Teresa Mannion

Sensible people accept that they have a moral responsibility financially to maintain their children, whether or not they are born in wedlock. As a High Court case showed, the extent of such responsibilities largely depends on needs, reasonable...

Apr

2021

Contract Adjudicator's Award Survives High Court Jurisdiction Challenge

Written by Roy Colaba

There would be very little point in submitting disputes to contract adjudicators if their decisions were not binding and treated as final. As a High Court ruling emphasised, however, their jurisdiction is not unlimited and, save where otherwise...

Mar

2021

Bankruptcy Order made against Alzheimer's sufferer overturned

Written by Leanne Schneide...

Judges will not tolerate any watering down of the powerful protection given to elderly, infirm or otherwise vulnerable people who lack the mental capacity to conduct litigation. The High Court made that point in overturning a bankruptcy order made...

Mar

2021

COVID-19 – High Court authorises vaccination of elderly dementia sufferer

Written by Tracy Creed

Should vulnerable people who lack the mental capacity to make important decisions for themselves be vaccinated against COVID-19 even in the face of objections from their loved ones? The High Court confronted that uniquely difficult issue in the case...

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highcourt

'Seriously Incompetent' Company Director Receives Four-Year Disqualification

Commercial Leases and Opting Out of Security of Tenure – Test Case Ruling

High Court Rejects Divorcee's Bid to Annul Ex-Husband's Bankruptcy

High Court Identifies Glaring Flaws in Public Contract Tendering Exercise

Waiver of Contractual Rights by Conduct – Instructive High Court Ruling

High Court Tackles Mother's Implacable Hostility to Paternal Child Contact

Child Maintenance – Court weighs up lifestyle expectations and resources

Contract Adjudicator's Award Survives High Court Jurisdiction Challenge

Bankruptcy Order made against Alzheimer's sufferer overturned

COVID-19 – High Court authorises vaccination of elderly dementia sufferer

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