Background: The case concerned a June 9, 2026 administrative demolition order under section 221 of Israel’s Planning and Building Law, 1965, covering an approximately 85-square-meter structure in Rosh HaAyin. The order followed unpermitted renovation and reinforcement work and a determination that the structure was dangerous. The Magistrates’ Court in Petah Tikva rejected Nissim’s application to cancel…
Held: Justice David Mintz dismissed the appeal without requesting a response from the committee. A ruling on a stay is a procedural decision at the core of the lower court’s discretion, and appellate intervention is reserved for exceptional cases. This was not such a case. Section 254H of the Planning and Building Law establishes that demolition ordinarily will not be stayed…
Background: Brian Kerr and his late brother, David Kerr, purchased an investment property in Dublin in 1996. They were registered as joint tenants, but the plaintiffs allege that their solicitors had been instructed to arrange ownership as tenants in common so that each purchaser’s share could pass under his will. After David Kerr died in 2017,…
Held: Mr Justice Barry O’Donnell refused to strike out the proceedings under Order 19, rule 28 or the High Court’s inherent jurisdiction. A strike-out application is not a procedure for summarily resolving disputed facts or law and may succeed only where the defendant establishes that the claim is bound to fail or has no reasonable chance of success. The evidence did…
Background: Forthwell was the tenant of premises housing Glasgow’s Rogano Restaurant and Bar. Its wholly owned subsidiary, Lynnet Leisure (Rogano) Ltd, occupied the premises under a licence and operated the restaurant. Flooding, water ingress and a fire damaged the premises in 2020 and 2021. Forthwell alleged that its landlord, Pontegadea, failed to perform repairing obligations under…
Held: The Supreme Court unanimously dismissed Forthwell’s appeal. A contracting party generally may recover only losses that it has itself suffered. Forthwell expressly sought Lynnet’s consequential losses rather than loss to its own contractual performance interest, and it accepted that its claims did not satisfy either the narrow Albazero exception or the proposed broader performance-interest ground.
Background: Blue Sky Cruises, a French company, had operated the Cayman Islands-registered vessel L’Albatros since 2014. French customs inspected the vessel in Martinique in January 2016 and later alleged abuse of the temporary-admission regime amounting to importation without declaration.
Held: The Court of Cassation partially quashed the appellate judgment only insofar as it rejected Blue Sky Cruises’ requests for discharge from the TICPE assessments and cancellation of the collection notice as it related to TICPE. The court remanded those issues to the Rennes Court of Appeal; the remaining assessments were unaffected.
Background: Mr L was sentenced for 34 offences against five members of his whānau: two sons, a daughter, a stepson, and his former partner. A District Court jury had found him guilty of sexual violation, attempted sexual violation, indecent acts against children and a young person, strangulation, injuring with intent to injure, threats to kill or…
Held: Downs J held that preventive detention was necessary to protect the public. Although Mr L’s violent offences were serious, they were not “qualifying violent offences” under the preventive-detention provisions. The statutory prerequisite was nevertheless met because his sexual offences were qualifying offences and the Court was satisfied that he was likely to commit another qualifying sexual offence if released at…
Background: Adam Leslie Troost retained Coleman Greig Lawyers Pty Ltd in complex family-law proceedings involving parenting issues and an asset pool estimated at $88 million to $117 million. The firm rendered 15 invoices totaling approximately $1.57 million. Troost later sought assessment of selected charges totaling $852,000.39, including charges for work performed by Wendy Cousens, an employee…
Held: Richardson J refused leave to appeal. The Court held that Troost had not identified an error of principle, a matter of public importance, or a reasonably clear injustice warranting appellate review. The fact that the disputed amount was said to be only slightly below the statutory threshold did not independently justify leave, nor did the fact that the substantive arguments…
Background: Karen Shelstad sold her apartment complex in 2017 as part of her retirement planning. Ronald Hill, an insurance producer who represented himself as a financial adviser, recommended that she invest $1.4 million in Future Income Payments LLC (FIP) and use the anticipated monthly payments to fund an indexed universal life policy. Hill initially proposed a…
Held: The Idaho Supreme Court held that Pacific Life was entitled to a directed verdict. Shelstad sought only economic losses from the failed FIP investment, and Pacific Life owed no negligence duty to prevent those losses because no exception to Idaho's economic loss rule applied. The insurer-insured relationship did not establish the required special relationship on these facts: Pacific Life did…
Background: Kurt Fevella and Bob McDermott tied in the August 8, 2026 Republican primary for Hawaiʻi State Senate District 20. McDermott was selected as the winner in an August 15 tiebreaker using a lau hala basket method. Fevella petitioned for a writ of mandamus to invalidate that result, arguing that the tiebreaker method required rulemaking and…
Held: The Supreme Court denied the mandamus petition. Mandamus is unavailable when the petitioner has another adequate remedy, and Hawaiʻi's primary-election-contest statute supplied that remedy. Fevella did not file an election contest by the August 24 deadline, and the court concluded he could have proactively sought information after learning of the tie and timely pursued that statutory route.
Background: Nevone Stinson appealed from proceedings in the Delaware Superior Court, where the matter was assigned Criminal ID No. 2411012071 (N).
Held: The Delaware Supreme Court dismissed the appeal under Supreme Court Rules 3(b)(2) and 29(b). Because Stinson did not respond to the notice to show cause, the court deemed dismissal unopposed.
Background: Blade Funding entered into three merchant agreements with North Carolina-based Build Retail and its principal, James Wesley Cashwell. Blade advanced money in exchange for specified portions of Build Retail’s future receivables at discounted purchase prices. After the merchant defendants stopped performing, the parties resolved Blade’s contract claims through a written settlement. The settlement established a…
Held: The Second Department affirmed. The caption error did not affect a substantial right and caused no demonstrated prejudice, so CPLR 2001 and 5019(a) permitted the court to disregard it. New York also had jurisdiction under General Obligations Law § 5-1402 because the agreements selected New York law, submitted the parties to New York courts, and covered transactions exceeding $1 million.…
Background: The Department of Environmental Quality and Coastal Resources Commission challenged objections by the North Carolina Rules Review Commission to readopted coastal-management provisions. The dispute concerned whether policy language functioned as rules, whether the provisions were clear enough to give regulated parties notice, and whether the agencies had statutory authority to adopt them.
Held: The Court of Appeals affirmed in part, reversed in part, and remanded. It held that specifically challenged provisions using open-ended terms such as significant impacts did not provide adequate objective guidance and were unclear. The Rules Review Commission abandoned objections it failed to develop on appeal, but the trial court also erred by treating fourteen objections as beyond the Commission’s…
Background: Highland Police Officer Michael Yonkman was investigating a suspected shoplifting on February 17, 2023, when the suspect drove a Ford Escape in reverse and pinned him against another parked vehicle. Yonkman had parked his department-issued cruiser near the Escape, left its engine running, and approached the suspect on foot. Only about sixty seconds passed between…
Held: The Indiana Court of Appeals reversed and ordered partial summary judgment for Yonkman on both disputed issues. First, Judge DeBoer explained that Indiana Trial Rule 6(A) extends a filing period when its final day falls on a legal holiday defined by statute. Indiana Code section 1-1-9-1 designates the third Monday in February as a legal holiday “for all purposes.” Because…