Sponging the blot on the law – Hardwicke Chambers

Posted December 11th, 2014 in bailment, mortgages, news, repossession, warrants by sally

‘Having your home repossessed by your mortgagee is not, one imagines, a happy experience, and not one which would incline you to act charitably towards your bank. Few are the defaulting borrowers who treat their houses to a spring clean on their final day before the order for possession is executed, apologising to the bailiffs that they don’t seem able to put their hands on any tea bags. Or indeed the kettle. It’s all been packed, you see. A commoner experience is to find that at least some belongings have been left behind. A bin bag here, a wonky shelving unit there. There’s nothing like losing your home to make you reassess the stuff which surrounds you, and decide whether now might be a good time to de-clutter your life. And why go to the expense of hiring a skip when you can leave your mortgagee with the cost of doing it for you?’

Full story

Hardwicke Chambers, 11th December 2014

Source: www.hardwicke.co.uk

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2) – WLR Daily

Posted May 4th, 2012 in bailment, charterparties, indemnities, law reports, remuneration by tracey

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2): [2012] UKSC 17;  [2012] WLR (D)  132

“Following the valid withdrawal, under a time charter, of a vessel with cargo onboard because of non-payment of hire, the shipowners were entitled to be paid the market rate of hire for the period from the notice of withdrawal until the charterers had removed their cargo.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

TRM Copy Centres Ltd v Lanwall Services Ltd – Times Law Reports

Posted June 24th, 2009 in bailment, consumer credit, contracts, law reports by sally

TRM Copy Centres Ltd v Lanwall Services Ltd

House of Lords

“The essence of hire was that the hirer acquired the use and possession of goods from the provider in return for a rent, whether payable in cash or kind.”

The Times, 24th June 2009

Source: www.timesonline.co.uk

TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd – WLR Daily

Posted June 18th, 2009 in bailment, consumer credit, contracts, law reports by sally

TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd [2009] UKHL35; [2009] WLR (D) 190

“An agreement between the provider of photocopiers and the retailer in whose premises the photocopiers were located was not a consumer hire agreement within the meaning of s 15 of the Consumer Credit Act 1974 if there was no obligation on the part of the retailer to make any payment in cash or kind for the hire of the photocopiers.”

Source: www.lawreport.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Yearworth and Others v North Bristol NHS Trust – Times Law Reports

Posted February 10th, 2009 in bailment, human tissue, law reports, negligence, psychiatric damage by sally

Yearworth and Others v North Bristol NHS Trust

Court of Appeal

“A sample of sperm from a person undergoing chemotherapy, which a hospital stored in case he became infertile after the treatment, was that person’s property and its loss or damage was capable of establishing a claim in negligence.”

The Times, 10th February 2009

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Yearworth and others v North Bristol NHS Trust – WLR Daily

Posted February 6th, 2009 in bailment, human tissue, law reports, negligence, psychiatric damage by sally

Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37; [2009] WLR (D) 34

“The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an action for negligence. Moreover, where the circumstances showed there was a bailment of the sperm to the hospital unit storing it, a cause of action for bailment could arise for its loss or damage sounding in damages for psychiatric injury and/or mental distress.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Cancer sperm men win court battle – BBC News

Posted February 4th, 2009 in bailment, human tissue, negligence, news, psychiatric damage by sally

“Six male cancer patients have been told they can claim damages after a hospital freezer broke down and destroyed their frozen sperm.”

Full story

BBC News, 4th February 2009

Source: www.bbc.co.uk

TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd – WLR Daily

Posted April 18th, 2008 in bailment, consumer credit, contracts, law reports by sally

TRM Copy Centres (UK) Ltd and ors v Lanwall Services Ltd [2008] EWCA Civ 382; [2008] WLR (D) 113

“The practice of placing machines on premises mainly for the use of persons other than the owner of the premises, who was paid a commission on its use, would not generally be a form of bailment by way of hire; it was necessary to look at the essential nature and commercial purpose of the agreement.”

WLR Daily, 17th April 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.