Case Analysis : V Westminster City Council

The case was brought forward to the NSW Supreme Court in 2001 whereby Judge Hulme ordered both Respondents as negligent. This decision was reversed by the Supreme Court of Appeal whereby the judgement was granted in favour of the Respondents. This case affirms the previous decision.

-The Reasoning: the face that the appellant did not like the fee indicated does not preclude the finding of a binding contract. Appellant intended to negotiate, but never did so. Appellant

be described. Jurisdictional requirements for this case as well as the reasons why it was heard at

The Court ruled in favor of the appellant, and the decision is described as follows:

Legal citation of the case: Regina v Bilal Skaf; Regina v Mohammed Skaf [2006] NSWSC 394, 28 July 2006 AND amendment to this decision with the appeal: R v Skaf & Skaf [2008] NSWCCA 303, 17 December 2008

In conclusion, this case could have been started for monetary reasons, but the initial decision appeared to be made based on the case being controversial in many areas beyond monetary considerations.

1) What were the legal issues in this case? What did the appeals court decide?

The conditional fee arrangement was introduced by the Access to Justice Act (AJA) 1999, as an attempt to transfer legal funding from the treasury to the private sector. This occurred as a result of an increasing and ridiculous growth in the cost of legal aid, namely from a few hundred million to well over 2.1 billion pounds from the 1980s to 2000. Moreover, it was not because demand was growing. Rather, number of cases relying on legal aid had decreased. Due to the need to control budget, Conditional fee arrangements are used to fund many civil cases which legal aid now excludes, and the issues brought about by conditional fee arrangements have been debated over the last decade. The conditional fee arrangements are sometime known as ‘no

Clegg case is the most recent and instructive dissertation on this vexed issue. The presiding judge, Justice Hoeben, referred to the previous case of Kilpatrick. There Foster J indicated that the obligations of the Tribunal are clearly satisfied if, in approaching the question of excessiveness, it has regard to matters in paragraphs (a) and following, in

Prior to the St. Albans and District Council v International Computers Ltd case there were many questions related to the sale and use of software which caused disputes in court. This case note provides an examination of the defendants appeal against an earlier decision made by Mr Justice Scott Baker who awarded the council substantial damages due to a supply of a computer program which showed unsuitable for the client 's intended use. This was based on the defendant breaching the contract by supplying a faulty software which was to be used in order to maintain a database of the population figures, financial information, the calculation and collection of the community charge. Due to this error in the software the population in the area was significantly overstated. The council then set its community charge in accordance with that incorrect figure thus causing them to suffer a substantial loss of revenue £1.3 million. The lost revenue was then recouped by setting a higher community charge the following year. Therefore St Albans commenced proceedings against International Computers Ltd for breach of express terms of the contract as well as terms implied by the Sale of Goods Act 19791, claiming they 're entitlement to recover the total loss of revenue caused by the faulty software.

(b) R v Secretary of State for Transport, ex p Factortame Ltd (No.1) [1990] AC 85 and (No.2) [1991] 1 AC 603

case can go t the Supreme Court.This paper will also identify the merits of a case that can lead to

To critically evaluate the impact of the cases R v Bugmy and R v Munda on the existing case law.

Factual use or availability for use for business and private purposes method (Buckley & Young Ltd v CIR , 1978)

Cambridge Water Co v Eastern Counties Leather PLC, 2 WLR 53 (House of Lords 1994).