Dominic Bright

Commercial, construction and property law

[Dominic Bright @LondonComBar]

"Where explanatory notes have 'accompanied a Bill in its passage through Parliament', [they are] capable of shedding light on what Parliament intended [but if not] there is less reason to see them as a guide to Parliament's intentions." https://t.co/0SImJe3SSy @ [67]

[Dominic Bright @LondonComBar]

"If legislation is open to competing interpretations, it is relevant for the court to assess the likely consequences of adopting each for the law generally and to weigh up whether those consequences are more likely to be beneficial or adverse." https://t.co/6LLzSr4aJ6 @ [54]

[Dominic Bright @LondonComBar]

"The appellants' 35 grounds of appeal and 80 pages of skeleton argument ... illustrate powerfully the truth of the old adage that less is more and its converse ... more is less." https://t.co/R03u5k5URF @ [176]

[Dominic Bright @LondonComBar]

"An estoppel by convention arises where the parties share an assumption as to facts or law, which one of the parties had relied on, and which it would be unjust for the other party to go back on." https://t.co/ZkXFbOHLP3 @ [50]

[Dominic Bright @LondonComBar]

"There is, however, a danger for an appellate court to be drawn too closely into forensic dissection of a judgment to the exclusion of all else." https://t.co/ghQuQ8UjZ7 @ [82]

[Dominic Bright @LondonComBar]

"the media and the public [have] access to information about the work done in courts and tribunals so that not only individual decisions but also the operation of the courts and tribunals more generally can be subjected to appropriate scrutiny" https://t.co/JDYTZehosk @ [2]

[Dominic Bright @LondonComBar]

"the burden of establishing that a [restructuring] plan is fair, so as to justify the exercise of the Court's discretion to sanction a plan notwithstanding the presence of a dissenting class or classes, rests squarely on the plan company" https://t.co/zZnqsfRg6s @ [183]

[Dominic Bright @LondonComBar]

"A statement made by a minister is relevant only if ... the legislative provision [is] ambiguous, obscure or ... lead[s] to absurdity ... [it forms] one or more statements by a Minister or other promoter of the Bill; and ... clear and unequivocal" https://t.co/KJWnyoqsYd @ [12]

[Dominic Bright @LondonComBar]

"lengthy periods of inactivity by claimants are contrary to the rationale of the PAP and should be discouraged. The renewal of the stay should never be treated as a rubber-stamping exercise and an indefinite stay would rarely, if ever, be justified" https://t.co/9pTqIXWYAs @ [74]

[Dominic Bright @LondonComBar]

"a party cannot impugn the evidence of its own witness unless that witness is deemed to be hostile, although by reference to other evidence in the case they might submit that he was mistaken." https://t.co/plUHZn5Fm8 @ [56]

[Dominic Bright @LondonComBar]

"To describe a person in a sporting context as being reckless is to apply a higher and more stringent test. In such a context, a finding properly made that a player was reckless, will encompass a finding of negligence." https://t.co/pvQhB72gtX @ [24]

[Dominic Bright @LondonComBar]

"It is axiomatic that a judge must consider the totality of the evidence. ... It is equally axiomatic that a judge must not treat the evidence in compartments but must consider each piece in the context of the rest of the evidence" https://t.co/AxsE2RsCqV @ [40]-[41]

[Dominic Bright @LondonComBar]

"[When] the court is dealing with policy-making at the national level in the macro-political field by a Minister accountable to Parliament ... a relatively 'light touch' or 'low intensity of review' is required" https://t.co/MF4ALxkiQb @ [49]

[Dominic Bright @LondonComBar]

"Arbitration, per se, is not an inherently speedier mechanism for resolving disputes than litigation." https://t.co/slGbdWMsEJ @ [71]

[Dominic Bright @LondonComBar]

"[Unfair] prejudice can, but need not, be financial in character. A disregard of the rights of a member, as such, without any financial consequences may amount to prejudice" https://t.co/26OKrEa9IL @ [58]

[Dominic Bright @LondonComBar]

"Parliament has, as it so often does, laid down an imperative requirement without specifying what the consequences are of a failure to comply." https://t.co/fDyIhe8fwt @ [45]

[Dominic Bright @LondonComBar]

"Judicial review is not a regime where a claimant is entitled to wait, dotting every available "I" and crossing every possible "t", before making a claim ... [Do not] delay issuing proceedings in the hope that something might turn up on disclosure." https://t.co/sna784jkrx @ [43]

[Dominic Bright @LondonComBar]

"absent some reason why not, when a claimant has been ordered to pay the costs and [Qualified One-Way Costs Shifting] applies, a non-party cost order against the credit hire company is likely" https://t.co/nRGTHpOsW6 @ [74]

[Dominic Bright @LondonComBar]

"even if Article 6 [fair trial] or Article 8 [private and family life] were engaged ... the ECHR is not concerned with the merits of the decision but the fairness of the process." https://t.co/cFUUdxBZ7n @ [157]

[Dominic Bright @LondonComBar]

"The purpose of extradition arrangements is to secure the return of an individual to another State to stand trial for an alleged criminal offence or to serve a sentence imposed under the laws of that State." https://t.co/dlmcYPAB0H @ [31]