Jones -v- Borough Council of Calderdale; EAT 11-Nov-1994

The claimant appealed against rejection of her claim for bullying and harassment in her capacity as a housing manager, and of her claim for constructive unfair dismissal. The claim had been rejected at a preliminary hearing as without a reasonable prospect of success on a failure to pay a deposit of £50.00.
Held: The decision appealed was a matter within the Chairman’s discretion, and the evidence suggested that it was an order within the range of proper orders for him to make.

Court: EAT
Date: 11-Nov-1994
Judges: Hull QC HHJ
Links: Bailii,
References: [1994] UKEAT 641_94_1111,

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Filed under Employment

Laurie -v- Holloway; 1994

Appeal against a finding that the contract of employment of Mr Laurie, contained provisions to defraud the revenue and therefore was not one upon which the Tribunal could or should adjudicate.

Date: 01-Jan-1994
Judges: Knox HHJ
Links: Bailii,
References: [1994] ICR 32, [1993] UKEAT 210_92_1901
Cited By:

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Filed under Employment

FDR Ltd -v- Holloway; EAT 26-Apr-1995

Appeal against the decision of the Industrial Tribunal that FDR, Respondents to proceedings brought by Mr Holloway claiming unfair selection for redundancy, should provide discovery of specified documents and further particulars relating to Mr Holloway’s selection for redundancy.

Court: EAT
Date: 26-Apr-1995
Judges: Mummery P H
Links: Bailii,
References: [1995] IRLR 400, [1995] UKEAT 240_95_2604
Cited By:

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Filed under Employment

Commission -v- Greece; ECJ 26-Jun-1997

Judgment – Failure to fulfil obligations – Failure to transpose Directive 92/43/EEC

Court: ECJ
Date: 26-Jun-1997
Links: Bailii,
References: C-329/96, [1997] EUECJ C-329/96

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Filed under European

C -v- Special Educational Needs Tribunal and Others; Admn 3-Nov-1998

Statutory appeal against a decision of the Special Educational Needs Tribunal concerning a statement of Special Educational Needs in respect of C who was 16 years old. C had emotional and behavioural difficulties since he was at primary school. These have resulted in his exclusion from two mainstream secondary schools.

Court: Admn
Date: 03-Nov-1998
Judges: Richards J
Links: Bailii,
References: [1999] Ed CR 625, [1998] EWHC Admin 1029, [1999] ELR 5

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Filed under Education

Maass -v- Musion Events Ltd and Others; ComC 18-May-2015

The parties disputed the details of a reference of their dispute to the London Court of International Arbitration and asto the award made.

Court: ComC
Date: 18-May-2015
Judges: Andrew Smith J
Links: Bailii,
References: [2015] EWHC 1346 (Comm),

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Filed under Arbitration

Morris and Another, Regina (on The Application of) -v- Rhondda Cynon Taf County Borough Council; Admn 18-May-2015

Challenge to change in funding arrangements for nursery education.

Court: Admn
Date: 18-May-2015
Judges: Patterson DBE J
Links: Bailii,
References: [2015] EWHC 1403 (Admin),

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Filed under Education

Orobator -v- HMP Holloway and Another; Admn 20-Jan-2010

Court: Admn
Date: 20-Jan-2010
Judges: Dyson LJ, Tugendhat J
Statutes: Repatriation of Prisoners Act 1984
Links: Bailii,
References: [2010] EWHC 58 (Admin),

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Filed under Prisons

Dr D -v- The Secretary of State for Health; Admn 13-Dec-2005

There had been a series of unsubstantiated allegations against the doctor of sexual abuse of patients. He challenge the issue of an Alert Letter under the 1977 Act when further allegations were made. The complainants were not capable of giving evidence.
Held: The court refused the appellant’s application for judicial review of the issue of an Alert Letter by a Regional Director of Public Health for whom the respondent Secretary of State is responsible.

Court: Admn
Date: 13-Dec-2005
Judges: Mr Justice Calvert-Smith
Statutes: National Health Service Act 1977 17
References: [2005] EWHC 2884 (Admin),
Cited By:

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Filed under Health Professions

Ruoho -v- Finland; ECHR 13-Dec-2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – claim dismissed; Non-pecuniary damage – financial award; Costs and expenses (domestic proceedings) – claim dismissed; Costs and expenses (Convention proceedings) – claim dismissed.

Court: ECHR
Date: 13-Dec-2005
Links: Worldlii, Bailii,
References: 66899/01, [2005] ECHR 852,

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Filed under Human Rights

Sevic Systems AG (Freedom of Establishment); ECJ 13-Dec-2005

Europa Freedom of establishment – Articles 43 EC and 48 EC – Cross-border mergers – Refusal of registration in the national commercial register – Compatibility.

Court: ECJ
Date: 13-Dec-2005
Links: Bailii,
References: C-411/03, [2005] EUECJ C-411/03

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Filed under European

London (1967 Act Decisions); LVT 14-Feb-2000

Court: LVT
Date: 14-Feb-2000
Statutes: Leasehold Reform Act 1967
Links: Bailii,
References: [2000] EWLVT 69,

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Filed under Landlord and Tenant

East Coast Amusement -v- British Transport Board; Re Wonderland” Cleethorps; HL 1965″

Under the section, the benefit of improvements would only be obtained by the tenant if carried out during the current tenancy. Viscount Simonds said: ‘If there is any ambiguity about the extent of (the) derogation (by a statute from common law rights), the principle is clear that it is to be resolved in favour of maintaining common law rights unless they are clearly taken away.’

Court: HL
Date: 01-Jan-1965
Judges: Viscount Simonds
Statutes: Landlord and Tenant Act 1954 34
References: [1965] AC 58,
Cited By:

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Filed under Landlord and Tenant

Adam -v- Shrewsbury, Shrewsbury; CA 28-Jul-2005

The neighbour parties disputed the existence of a right of way over one plot.

Court: CA
Date: 28-Jul-2005
Judges: Lord Justice Ward Lord Justice Clarke Lord Justice Neuberger
Links: Bailii,
References: [2005] EWCA Civ 1006,
Cases Cited:

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Filed under Land

British Railways Board -v- G J Holdings Ltd; 1974

There can be no adverse possession where the squatter’s use of the land was not inconsistent with the use intended by the paper owner.

Date: 01-Jan-1974
References: (1974) 230 EG 973,
Cited By:

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Filed under Land, Limitation

Sutej -v- Governor HMP Holloway; Admn 3-Mar-2005

Court: Admn
Date: 03-Mar-2005
Links: Bailii,
References: [2005] EWHC 465 (Admin),

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Filed under Extradition

Agnew and others -v- Lansforsakringsbolagens; CA 31-Jul-1997

Conflict of laws. Re-insurers sought to invalidate a claim alleging misrepresentation or non-disclosure. Did the duty of disclosure continue after the contract was in place.
Evans LJ, dissenting said: ‘the reference in Article 5(1) to ‘the obligation in question’ ought not to be considered in isolation from the remaining words in Article 5(1), any more, that Article 5 should be interpreted without regard to the fact that it creates a special exception to the general rule of domiciliary jurisdiction in Article 2.’

Court: CA
Date: 31-Jul-1997
Judges: Hobhouse and Schiemann LJJ, Evans LJ
Statutes: Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988
Links: Bailii,
References: [1997] EWCA Civ 2253, [1997] 4 All ER 937
Cited By:

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Filed under Insurance, International

Marks and Spencer Plc -v- BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another; ChD 16-May-2013

‘A lease contains a tenant’s break clause which allows the tenant, subject to its compliance with certain conditions, to terminate the lease on a specified date. Rent is payable by instalments quarterly in advance on the usual quarter days. The specified date for the termination of the lease is in the middle of a quarter. On the quarter day before the specified date, the tenant is obliged to, and does, pay a full quarter’s rent as an instalment of rent. The lease ends on the specified date. Is the tenant entitled to be repaid a part of the quarter’s rent which he has paid, the relevant part being based on a daily apportionment of the quarter’s rent in relation to the part of the quarter which is after the specified date?’

Court: ChD
Date: 16-May-2013
Judges: Morgan J
Links: Bailii,
References: [2013] EWHC 1279 (Ch),

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Filed under Landlord and Tenant

Garage Equipment Maintenance Co Ltd -v- Holloway; EAT 10-Nov-1994

The former employer appealed after having dismissed its former managing director, who had taken up other employment found that his current employers had further reduced the salary paid to the former employee thus increasing the damages claimed.

Court: EAT
Date: 10-Nov-1994
Judges: Hull QC HHJ
Statutes: Employment Protection (Consolidation) Act 1978 74(1)
Links: Bailii,
References: [1994] UKEAT 582_94_1011,

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Filed under Employment

McNeeny -v- Secretary of State for Environment and Secretary of State for Transport and South Gloucestershire Council (Successor Avon County Council); CA 31-Jul-1997

Appeal against compulsory purchase order.

Court: CA
Date: 31-Jul-1997
Links: Bailii,
References: [1997] EWCA Civ 2254,

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Filed under Land

Re A (a Minor); CA 31-Jul-1997

After a family break up there had been continued litigation, and a refusal to comply with court orders by the mother. Eventually, the contact between mother an children all but broke down. There were three children. As the two elder children in turn reached majority, they went back to live with their mother, but allegations were made against and not denied by the mother. An order had been made for the mother not to make further applications. On a further application having been made, and failing, the judge having imposed on her a burden of proof, he awarded costs against her. The mother appealed saying that she should not have been asked to meet this evidential burden.
Held: The burden of proof was incorrectly placed upon the mother. It was for her to demonstrate a need for renewed judicial investigation, no more.

Court: CA
Date: 31-Jul-1997
Judges: Lord Justice Hirst, Lord Justice Thorpe
Statutes: Children Act 1989 10(9) 91(14)
Links: Bailii,
References: [1997] EWCA Civ 2252, [1997] EWCA Civ 2252
Cases Cited:

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Filed under Children

Adam -v- Commission; ECJ 4-Feb-1982

1. The consultation provided for by article 24 of the merger treaty, which in particular enables the parliament effectively to participate in the community’s legislative process, is an essential feature of the institutional balance which the treaties seek to achieve. Regular consultation with the parliament before the adoption of a regulation amending the staff regulations of officials constitutes therefore an essential procedural requirement, the disregard of which renders the regulation in question void.
That requirement may be regarded as having been met when the regulation finally adopted conforms to the proposal submitted to the parliament, so long as changes made are of method rather than of substance.
2. Since the economic and social committee and the court of auditors are not shown in the treaties as institutions of the three communities it follows that consultation with the economic and social committee and the court of auditors is not mandatory when a regulation amending the staff regulations of officials is adopted. Although, according to the second paragraph of article 1 of the staff regulations, the economic and social committee and the court of auditors are treated as community institutions for the purposes of the staff regulations that treatment, the object of which is to ensure that the staff regulations are applied to the officials and other servants of those two bodies and to identify the appointing authority for those employees, does not however extend to the application of the provisions of the treaties, such as article 24 of the merger treaty, relating to the adoption of community regulations.
3. Discrimination consists of treating in an identical manner situations which are different or treating in a different manner situations which are identical. The situation of a serving official differs considerably from that of a pensioner, so that there is no discrimination in a case where the community legislature accords to pensioners treatment which is not identical to that applied to serving officials.

Court: ECJ
Date: 04-Feb-1982
Links: Bailii,
References: C-828/79, [1982] EUECJ C-828/79

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Filed under Constitutional, European

Allen -v- Cornwall Council; QBD 20-May-2015

The claimant was injured riding his bicycle, and alleged failure by the respondent highway authority. The court now considered an application for leave to appeal against an order allowing the production of evidence of an expert in cycling skills and safety. The claimant’s report had been served but remained sealed pending the outcome of the application. He said it was in answer to the defendant’s plea of contributory negligence.
Held: Leave to appeal was refused.

Court: QBD
Date: 20-May-2015
Judges: Green J
Statutes: Highways Act 1980 41
Links: Bailii,
References: [2015] EWHC 1461 (QB),
Cases Cited:

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Filed under Litigation Practice

Devine -v- Holloway and Others; PC 13-Mar-1861

New South Wales

Court: PC
Date: 13-Mar-1861
Links: Bailii,
References: [1861] UKPC 9,

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Filed under Commonwealth

Truth (NZ) Ltd -v- Holloway; PC 1960

The publication complained of related to the plaintiff Cabinet Minister (referred to in the article as Phil), in which it was stated that a man had seen one Judd, to whom an import licence had been issued, with the object of getting information from him about import procedure, and that Judd had told him to ‘see Phil and Phil would fix it’.
Held: The Board considered the potential effect of a newspaper repeating a defamatory of another. Lord Denning said: ‘if the words had not been repeated by the newspaper, the damage done by J would be as nothing compared to the damage done by this newspaper when it repeated it. It broadcast the statement to the people at large.’
Lord Denning quoted the judge’s direction ‘If you accept that those words were spoken by Judd, it is not a defence at all that a statement that might be defamatory is put forward by way of report only. It does not help the defendant that the way that it is put is that Judd said ‘See Phil and Phil would fix it’. The case is properly to be dealt with as if the defendant itself said ‘See Phil and Phil would fix it’ And said: ‘Their Lordships see nothing wrong in this direction. It is nothing more nor less than a statement of settled law put cogently to the jury.
Gatley opens his chapter on Republication and Repetition with the quotation
‘Every republication of a libel is a new libel, and each publisher is answerable for his act to the same extent as if the calumny originated with him….’. This case is a good instance of the justice of this rule. If Judd did use the words attributed to him it might be a slander by Judd on Mr Holloway in the way of his office as a Minister of the Crown. But if the words had not been repeated by the newspaper, the damage done by Judd would be nothing compared to the damage done by this newspaper when it repeated it. It broadcast the statement to the people at large.’

Court: PC
Date: 01-Jan-1960
Judges: Lord Denning
References: [1960] 1 WLR 997,
Cited By:

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Filed under Commonwealth, Defamation

Miroshnichenko And Grabovskaya -v- Ukraine; ECHR 13-Dec-2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary damage – Government to pay outstanding judgment debts; Non-pecuniary damage – financial awards.

Court: ECHR
Date: 13-Dec-2005
Links: Worldlii, Bailii,
References: 32551/03 ; 33687/03, [2005] ECHR 849

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Filed under Human Rights

Lane -v- Holloway; CA 30-Jun-1967

In the context of a fight with fists, ordinarily neither party has a cause of action for any injury suffered during the fight. But they do not assume ‘the risk of a savage blow out of all proportion to the occasion. The man who strikes a blow of such severity is liable in damages unless he can prove accident or self-defence’.

Court: CA
Date: 30-Jun-1967
Judges: Lord Denning MR
Links: Bailii,
References: [1967] 3 All ER 129, [1968] 1 QB 379
Cases Cited:
Cited By:

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Filed under Torts - Other

JEB Fasteners Ltd -v- Marks, Bloom & Co; CA 1981

Accountants prepared audited accounts knowing that the company was in financial difficulties, and the the accounts would be relied upon by the plaintiffs.
Held: The accountants owed a duty of care to the plaintiffs. They knew that they would rely upon the accounts. However in this case, the plaintiffs would have proceeded in any event, and so the negligence did not cause any of the damage actually suffered. ‘as long as the misrepresentation plays a real and substantial part, though not by itself as decisive part, in inducing the plaintiff to act, it is a cause of his loss and he relies on it, no matter how strong or how many are the other matters which play their part in inducing him to act . . ‘.

Court: CA
Date: 01-Jan-1981
Judges: Stephenson LJ
References: [1981] 3 All ER 289,
Cited By:

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Filed under Professional Negligence

Regina -v- East Sussex County Council ex parte Beth Tandy; CA 31-Jul-1997

A local education authority may properly take into account the financial resources available to it when setting the norm of standards of service and then apply that norm.

Court: CA
Date: 31-Jul-1997
Statutes: Education Act 1993 298
Links: Times, Bailii,
References: [1997] EWCA Civ 2278,
Cases Cited:
Cited By:

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Filed under Education

Regina -v- Commissioner of Police of the Metropolis and Another Ex Parte Bennett; QBD 10-Nov-1994

The divisional Court has no power to review the execution of a Scottish warrant by the police in England.

Court: QBD
Date: 10-Nov-1994
Statutes: Union with Scotland Act 1706
Links: Times, Ind Summary,
References:

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Filed under Criminal Practice, Judicial Review, Police, Scotland

Regina -v- Stamford Magistrates ex parte Director of Public Prosecutions; Admn 31-Jul-1997

A challenge was made as to whether the magistrates had jurisdiction in an allegation of burglary, or whethe the case should have been comitted to the Crown Court.

Court: Admn
Date: 31-Jul-1997
Statutes: Magistrates' Courts Act 1980 19
Links: Bailii,
References: [1997] EWHC Admin 760,
Cases Cited:

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Filed under Magistrates

Regina -v- Secretary of State for Health Ex Parte Hammersmith and Fulham London Borough Council and Others; QBD 31-Jul-1997

Provision to asylum seekers denied other benefits of board and lodging must be in kind and not in cash

Court: QBD
Date: 31-Jul-1997
Statutes: National Assistance Act 1948 21(1)
Links: Times,
References:
Cited By:

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Filed under Benefits

Union Carbide Corporation -v- BP Chemicals Limited; ChD 31-Jul-1997

The parties disputed the validity of patents concerning the processes for producing polymers.
Held: The patents were upheld. Jacob J explained the nature of invention underlying the right to apply for a patent: ‘Invention can lie in finding out that that which those in the art thought ought not be done, ought to be done. From the point of view of the purpose of patent law it would be odd if there were no patent incentive for those who investigate the prejudices of the prior art.’

Court: ChD
Date: 31-Jul-1997
Judges: Jacob J
Links: Bailii,
References: [1998] RPC 1, [1997] EWHC 373 (Pat)
Cited By:

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Filed under Intellectual Property

John Seifert -v- Pensions Ombudsman and others; CA 31-Jul-1997

The setting aside of part only of an Ombudsman’s determination is not sufficient of itself to justify a full costs order against him. The Ombudsman had not been represented on the appeal. Of the fact that the order had been varied: ‘But that is not a sufficient ground to order him to pay costs. The limited circumstances in which an inferior tribunal, such as magistrates or an arbitrator, should be ordered to pay the costs of an appeal from its decision are well known [W]e do not consider that it is a case for such an order.’

Court: CA
Date: 31-Jul-1997
Judges: Staughton LJ
Links: Times, Bailii,
References: [1997] EWCA Civ 2268, [1997] 4 All ER 947
Cases Cited:
Cited By:

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Filed under Costs

Regina and North Lincolnshire Council ex parte Horticultural and Garden Products Sales (Humberside) Limited; Admn 31-Jul-1997

The applicant extracted peat from land in Doncaster. Planning permission had been granted in 1951. After a boundary change in 1994 part of the site remained in Doncaster and part came within the boundaries of Humberside which was replaced by the respondent council in April 1996. Doncaster published its list of mineral sites in January 1996 which included the land in question and was thought to relate to the whole of the site. Humberside also published its list in January 1996 with a notice requiring applications under paragraph 6 to remedy any omissions to be made within three months. The Humberside list did not include any part of the land and no application was made to remedy the omission. Accordingly, by virtue of paragraphs 9 and 12 of schedule 13 the permission ceased to have effect in relation to that part of the land which fell within Humberside unless the Humberside list could be amended. The council considered that it had no power to amend the list and the applicant therefore brought proceedings for judicial review.
Held: Schedule 13 was clear and the council had no discretion to correct errors in the list otherwise than in accordance with paragraph 6. Accordingly the permission relating to the land falling within Humberside had lapsed.

Court: Admn
Date: 31-Jul-1997
Judges: Lightman J
Links: Bailii,
References: [1997] EWHC Admin 751, (1997) 76 P & CR 363
Cited By:

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Filed under Planning

Tarrant -v- Ramage and Others; QBD 31-Jul-1997

An owner of a ship on active service in a war zone owed duty to give reasonable care and instruction to civilian staff it sent into that war zone, but were not negligent for sending them at all.

Court: QBD
Date: 31-Jul-1997
Links: Times, Gazette,
References:

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Filed under Negligence

Antonelli -v- Secretary of State for Trade and Industry; CA 31-Jul-1997

The Secretary of State had the right to take account of a foreign criminal conviction against property, when assessing the fitness of a Estate Agent to act as such, even though the offence also took place before the Act came into effect. The statute had been introduced to protect the public against the activities of fraudulent or dishonest or violent estate agents.

Court: CA
Date: 31-Jul-1997
Judges: Beldam LJ, Kennedy and Aldous LJJ
Statutes: Estate Agents Act 1979 3(2)(a)
Links: Gazette, Times, Bailii,
References: [1997] EWCA Civ 2282, [1998] QB 948
Cited By:

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Filed under Administrative, Consumer

Dawson -v- Wearmouth; CA 31-Jul-1997

The father was not married to the mother who, without consulting the father, registered the child in the name of her former husband by whom she had previously had two children. The father sought various orders under the Children Act, including a parental responsibility order and a specific issue order to change the child’s surname to his. The circuit judge made a contact and parental responsibility order and directed that the child be known by the father’s surname.
Held: The mother’s appeal succeeded. The court has the power to order the mother of an illegitimate baby to re-register the child’s surname as that of the father. It could be done by means of a specific issue order.

Court: CA
Date: 31-Jul-1997
Judges: Hirst LJ, Thorpe LJ
Statutes: Children Act 1989 13, Births and Deaths Registration Act 1953
Links: Times, Gazette, Bailii,
References: [1997] EWCA Civ 2272, [1997] 2 FLR 629, [1998] 1 All ER 271
Cited By:

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Filed under Children

Regina -v- Director of Public Prosecutions ex parte Treadaway; Admn 31-Jul-1997

The applicant had been convicted of a robbery and served a long prison sentence. After release he was awarded damages against some of the policie officers for assault. The DPP decided not to proceed against the officers by way of criminal proceedings. The applicant’s conviction was later quashed. The prosecutor replied saying he had applied the code.
Held: A prosecutor basing his decision to proceed or not after a civil court has made a finding must examine that civil finding closely. Had he done so here he would have seen the evidence he said was missing. Review was granted.

Court: Admn
Date: 31-Jul-1997
Statutes: Prosecution of Offences Act 1985 10
Links: Times, Bailii,
References: [1997] EWHC Admin 741,
Cases Cited:
Cited By:

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Filed under Criminal Practice

Indata Equipment Supplies Limited (T/a Autofleet) -v- Acl Limited (Handed-Down Judgment of); CA 31-Jul-1997

A broker arranged through a finance house the leasing of cars and computers for clients. In one transaction he gave confidential information about the client and his own trade terms, including his profit margin, to the defendant which used it without authorisation to offer more attractive terms, aiming to cut out the broker from deals with the client. It was held that there was no fiduciary duty or relationship between the broker and the finance house; they were at arm’s length.
Held: The broker’s profit margin and to a lesser degree the invoice price between the defendant and the broker were items of confidential information which had been misused by the defendant to enable it to put forward another deal to the client. A receipt of confidential information of itself does not create trust giving rise to fiduciary relationship.

Court: CA
Date: 31-Jul-1997
Judges: Otton LJ and Owen J
Links: Times, Bailii,
References: [1997] EWCA Civ 2266, [1998] FSR 248
Cited By:

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Filed under Financial Services, Intellectual Property

Dearman -v- Simpletest Ltd; CA 14-Feb-2000

Notes in the White Book were procedural rather than black letter law, and a claim for possession was not to be defeated only because the claimant had failed to join in all the parties listed in the note. Such notes were intended to be of assistance to practitioners, and not to create a compulsory requirement.

Court: CA
Date: 14-Feb-2000
Links: Times,
References:

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Filed under Landlord and Tenant, Litigation Practice

Davis -v- Shaughnessy; PC 1932

The grant by the committee of special leave to appeal is discretionary.

Court: PC
Date: 01-Jan-1932
References: [1932] AC 106,
Cited By:

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Filed under Commonwealth, Constitutional

Commission -v- Aktionsgemeinschaft Recht & Eigentum (State Aid); ECJ 13-Dec-2005

ECJ Appeal – Aid granted by the German authorities for the acquisition of land – Scheme for privatisation of land and restructuring of agriculture in the new Lander.

Court: ECJ
Date: 13-Dec-2005
Links: Bailii,
References: C-78/03, [2005] EUECJ C-78/03

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Filed under European

Watts and others -v- Crooke; PC 1690

Appeal from a Decree in Chancery : The Case in short was this; That Peter Crooke and Elizabeth his Wife, who was Sister of the half Blood to George Watts, claimed to have an equal Share with John Watts and Elizabeth Camfield, who were Brother and Sister of the whole Blood to the Deceased, of his Personal Estate; and a Decree was made in Chancery in Favour of Crooke and his Wife.

Court: PC
Date: 01-Jan-1690
Links: Commonlii,
References: [1690] EngR 31, [1690] Shower PC 108, (1690) 1 ER 74

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Filed under Wills and Probate

Walbrook Trustee (Jersey) Ltd and others -v- Fattal and others; CA 11-Mar-2008

Applications between consortium members as to management of apartment block.

Court: CA
Date: 11-Mar-2008
Links: Bailii,
References: [2008] EWCA Civ 427,
Cases Cited:
Cited By:

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Filed under Landlord and Tenant

Trimble -v- Goldberg; PC 1906

The parties entered into a partnership to acquire ‘stands of land’ for conversion into a township and subsequent re-sale. The land was acquired, along with shares in a company owning other stands in the same locality. One of the partners then bought that company’s other stands himself, having been shown them while in Johannesburg for the purpose of finalising the terms of the partnership’s acquisition.
Held: The partner was not liable to account because ‘the purchase was not within the scope of the partnership’, even though he found out about the land while on partnership business and his personal purchase was an identical type of investment to that of the partnership. A breach of contract arising as a result of breach of a term of good faith not to purchase property for a partner’s own purposes sounds in damages.
The parties entered into partnership to acquire ‘stands of land’ for conversion into a township and subsequent re-sale. The land was acquired, along with shares in a company owning other stands in the same locality. One of the partners then bought that company’s other stands himself, having been shown them while in Johannesburg for the purpose of finalising the terms of the partnership’s acquisition.
Held: The partner was not liable to account because ‘the purchase was not within the scope of the partnership’, even though he found out about the land while on partnership business and his personal purchase was an identical type of investment to that of the partnership.

Court: PC
Date: 01-Jan-1906
Judges: Lord Macnaghten
References: [1906] AC 494,
Cited By:

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Filed under Company

Smedley -v- Chumley & Hawke Ltd; CA 1981

Damage to a recently constructed restaurant built on a concrete raft on piles over a river could be cured only by putting in further piles so that the structure of the walls and roof of the restaurant were stable and safe upon foundations made structurally stable.
Held: The landlord was liable under its repairing covenant.

Court: CA
Date: 01-Jan-1981
References: (1981) 44 P & CR 50,
Cited By:

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Filed under Landlord and Tenant

Ninemia Maritime Corporation -v- Trave Schiffahrtsgellschaft MbH; 1983

A claimant seeking an asset freezing order needs to identify ‘solid evidence of dissipation’.

Date: 01-Jan-1983
References: [1983] 2 Lloyd's Reports 600
Cited By:

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Filed under Litigation Practice

Hunter -v- Fox; HL 8-Apr-1964

Court: HL
Date: 08-Apr-1964
Judges: Lord Reid
Links: Bailii,
References: [1964] UKHL 8, 1964 SLT 20, 1964 190 EG 205, 1964 SC (HL) 95

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Filed under Land, Scotland

Holloway and Another -v- Chancery Mead Ltd; TCC 30-Jul-2007

The claimant had purchased a newly built house from the defendant. A dispute about the standard to which it was built was referred through the NHBC policy to a dispute resolution service. Resistance by builder to appointment of arbitrator.

Court: TCC
Date: 30-Jul-2007
Links: Bailii,
References: [2007] EWHC 2495 (TCC),

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Filed under Contract, Land

Fattal and Another -v- The Keepers and Governors of the Possessions Revenues and Goods of the Free Grammar School of John Lyon; CA 30-Nov-2004

Court: CA
Date: 30-Nov-2004
Judges: Sir Martin Nourse Lord Justice Buxton Lord Justice Sedley
Statutes: Leasehold Reform Act 1967
Links: Bailii,
References: [2004] EWCA Civ 1530,

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Filed under Landlord and Tenant

Ufflemann -v- The Stecher Lithographic Company and Others; PC 9-Nov-1914

Canada

Court: PC
Date: 09-Nov-1914
Links: Bailii,
References: [1914] UKPC 91,

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Filed under Commonwealth

Statul roman -v- Vararu; ECJ 7-May-2015

ECJ Order – Preliminary ruling – Charter of Fundamental Rights of the European Union – Principles of equal treatment and non-discrimination in matters of social security – Calculation of the amount of allowances for dependent children – Lack of implementation of the right of Union – Manifest lack of jurisdiction of the Court

Court: ECJ
Date: 07-May-2015
Links: Bailii,
References: C-496/14, [2015] EUECJ C-496/14_CO, ECLI: EU: C: 2015: 312

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Filed under European

Adam Roberts -v- Information Commissioner (Dismissed :Freedom of Information Act 2000) EA/2012/0245; FTTGRC 25-Oct-2013

Freedom of Information Act 2000, and the engagement of the exemption under Section 36(2) and the application of the public interest test.

Court: FTTGRC
Date: 25-Oct-2013
Statutes: Freedom of Information Act 2000 36(2)
Links: Bailii,
References: [2013] UKFTT EA_2012_0245 (GRC

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Filed under Information

Fitzwilliam (Countess) and Others -v- Inland Revenue Commissioners; HL 9-Jul-1993

An Inheritance Tax avoidance scheme was valid. When testing whether a series of pre-ordained steps could be viewed as one artificial whole, it was not open to the Commissioners to pick and to choose which steps were to be counted. The exercise became artificial when some were excluded at the option of the commissioners. Pre-planning of steps alone not sufficient to attract Ramsay interpretation

Court: HL
Date: 09-Jul-1993
Statutes: Finance Act 1975 Schedule 5
Links: Times, Gazette, Ind Summary,
References:

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Filed under Inheritance Tax, Taxes Management

Ebrahimi -v- Westbourne Galleries Ltd and Others (on Appeal from In Re Westbourne Galleries Ltd); HL 3-May-1972

A company had operated effectively as a partnership between two and then three directors. No dividends had been paid, but the directors had received salaries. One director was removed and sought an order for the other to purchase his shares, or alternatively for the company to be wound up on the just and equitable ground. The company had promised to begin to pay dividends.
Held: In the case of a small company the rights and obligations of a company went beyond bare company law requirements. The applicant had been excluded from being involved in the management of the company against his reasonable expectations. Since he was unable effectively to dispose of his interest, the company should be wound up. The term ‘quasi-partnership’ is dangerously misleading. Equitable considerations can come to be applied where the association has personal characteristics and rests on a relationship of trust and confidence, and all members are expected to take an active part and share transfers are restricted.
Lord Wilberforce said: ‘A limited company is more than a mere legal entity, with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se which are not necessarily submerged in the company structure. That structure is defined by the Companies Act and by the articles of association by which shareholders agree to be bound. In most companies and in most contexts, this definition is sufficient and exhaustive, equally so whether the company is large or small. The ‘just and equitable’ provision does not, as the respondents suggest, entitle one party to disregard the obligation he assumes by entering a company, nor the court to dispense him from it. It does, as equity always does, enable the court to subject the exercise of legal rights to equitable considerations; considerations, that is, of a personal character arising between one individual and another, which may make it unjust, or inequitable, to insist on legal rights, or to exercise them in a particular way.’

Court: HL
Date: 03-May-1972
Judges: Lord Wilberforce, Viscount Dilhorne, Lord Pearson, Lord Cross of Chelsea and Lord Salmon
Statutes: Companies Act 1948 220 222(f)
Links: lip,
References: [1975] 235 EG 901, [1973] AC 360
Cases Cited:
Cited By:

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Filed under Company, Equity

Ogwo -v- Taylor; CA 1987

The plaintiff fireman was injured attending a fire. He sought damages from the owner whose negligence had caused it. The court at first instance (Nash J) found the land owner negligent but not liable to the plaintiff on the ground that the injuries he sustained were not a reasonably foreseeable consequence of the defendant’s negligence.
Held: The paintiff’s appeal succeeded.

Court: CA
Date: 01-Jan-1987
Judges: Dillon, Stephen Brown, Neill LJJ
References: [1987] 2 WLR 988, [1987] 1 All ER 668, (1987) 84 LSG 1882
Cited By:
  • Ogwo -v- Taylor, HL, Appeal from, ([1987] 3 All ER 961, Bailii, [1987] UKHL 7, [1987] 3 WLR 1145, [1988] AC 431)

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Filed under Negligence

Flannigan -v- British Dyewood Co Ltd; SCS 1969

It is an essential element of the plea of volenti that the pursuer, against whom the plea is taken, knows of the risk to which he exposes himself: ‘the pursuer against whom it is pleaded must be sciens as well as volenti’.
The courts will be able to decide whether or not a person should be treated as a rescuer.

Court: SCS
Date: 01-Jan-1969
Judges: Lord Guthrie
References: [1969] SLT 223,
Cited By:
  • Ogwo -v- Taylor, HL, Approved, ([1987] 3 All ER 961, Bailii, [1987] UKHL 7, [1987] 3 WLR 1145, [1988] AC 431)

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Filed under Negligence, Scotland

Adamson -v- B & L Cleaning Services Ltd; EAT 11-Nov-1994

Appeal against finding that a dismissal was fair.

Court: EAT
Date: 11-Nov-1994
Judges: Pill J
Links: Bailii,
References: [1994] UKEAT 712_93_1111,

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Filed under Employment

Robertson And Another, Assignees of Milburn, Hallowell, And Walmlsey, Bankrupts, -v- Sir Thos Henry Liddell, Bart; 28-May-1808

The departure of a trader from his dwellinghouse, with intent to delay his creditors, is an act of bankruptcy, though no creditor be thereby in fact delayed. And the words in the stat. 1 Jac 1 e15 s2 following this and other acts of bankruptcy committed, viz. ‘to the intent or whereby his creditors shall or may be defeated or delayed,” &e. are to be read ‘to the intent his creditors shall, or whereby, (or that thereby) they may be defeated,’ &e. But the lying in prison six months upon an arrest is made a substantive act of bankruptcy independent of any intent of the trader. So in the case of an act of bankruptcy by the trader’s beginning to keep house, the denial of a creditor is usually given in evidence, not to shew the fact of the creditor’s being, delayed, but as evidence to explain the equivocal act of the trader’s keeping in his house, and to shew that he began to keep house with intent to delay his creditors.

Date: 28-May-1808
Links: Commonlii,
References: [1808] EngR 211, (1808) 9 East 487, (1808) 103 ER 659

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Filed under Insolvency

Regina -v- Tharakan; CACD 10-Nov-1994

The Judge is to direct a jury staying overnight in a hotel not to deliberate on the case outside the jury room.

Court: CACD
Date: 10-Nov-1994
Links: Gazette, Times,
References:

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Filed under Criminal Practice

Regina -v- Jordan; CACD 10-Nov-1994

Guidelines on sentencing for alcohol and death related driving offences were of no relevance where drugs were involved on the part of the driver.

Court: CACD
Date: 10-Nov-1994
Links: Ind Summary, Times,
References: [1994] CLY 1196,

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Filed under Criminal Sentencing, Road Traffic

Adam -v- Fisher; 1914

There were two possible reasons why a newspaper might be treated differently from another organisation in defamation proceedings, in that discovery of the source of information will not be ordered. First, it might be expected that it was the purpose of such an interrogatory to sue the informant, which would be improper, and second that it would be against the public interest.

Date: 01-Jan-1914
Judges: Buckley J
References: [1914] 39 TLR 288,
Cases Cited:
Cited By:

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Filed under Defamation, Litigation Practice

The Sultan of Johore -v- Abubakar Tunka Aris Bendahar and Others; PC 22-Apr-1952

Singapore

Court: PC
Date: 22-Apr-1952
Links: Bailii,
References: [1952] UKPC 6,

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Filed under Commonwealth

The Attorney General of Ceylon -v- Valliyammai Atchi, Executrix of The Last Will and Testament of K. M. N. S. P. Natchiappa Chettiar, Deceased; PC 19-May-1952

Ceylon

Court: PC
Date: 19-May-1952
Links: Bailii,
References: [1952] UKPC 12,

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Filed under Commonwealth

Martin Yaffe International Ltd -v- Revenue & Customs; VDT 14-Jul-2005

VDT VALUE ADDED TAX – import VAT – Simplified Import VAT Accounting (‘SIVA’) – trader authorised to defer payment with nil security – default in accounting for domestic VAT – whether sufficient without more to justify revocation of nil security requirement – criteria to be considered – whether trader representing risk to the revenue – appeal allowed and further review directed – Community Customs Code, arts 224 to 227 – VAT Act 1994 s 16 – CEMA 1979 s 45 – Customs Duties (Deferred Payment) Regs 1976, reg 4 as adapted by VAT Regs 1995, reg 121A – Finance Act 1994, s 16

Court: VDT
Date: 14-Jul-2005
Links: Bailii,
References: [2005] UKVAT-Customs C00197,

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Filed under VAT

Hartley -v- British Railways Board; CA 2-Feb-1981

A railway servant was responsible for manning a station building. He left it unattended without telling his employers that he was doing so and he left a coal fire burning inside in an open stove. The stove was piled high with coal and a burning coal fell from it and set fire to the building. When the fire brigade were called by the railway authorities, they inquired whether the building was occupied and were told that it was. Consequently, on arrival at the scene, the plaintiff fireman was sent in to search the building for the servant believed to be still inside and in the course of the search he sustained the injuries which were the subject of the claim.
Held: The appeal succeeded. The employee’s negligence was responsible for the fire, but they founded their attribution of liability to the employers on the additional element of negligence on the part of the servant in failing to inform his employers that he was leaving the building unattended at a time when he was supposed to be on duty there. It was this failure, as the Court of Appeal held, which led foreseeably to the unnecessary search of the building by the plaintiff fireman and hence to his injury.

Court: CA
Date: 02-Feb-1981
References: Times, 02-Feb-1981,
Cited By:
  • Ogwo -v- Taylor, HL, Cited, ([1987] 3 All ER 961, Bailii, [1987] UKHL 7, [1987] 3 WLR 1145, [1988] AC 431)

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Filed under Negligence

Adam -v- Commission; ECJ 1-Jul-1982

ECJ Where in a building loan agreement entered into between an official of the european communities and the commission the amount of the loan is expressed in belgian francs and where the monthly repayments are made in the currency of the country where the property to be financed is situated, the amounts in foreign currency transferred in order to repay loan must be converted into belgian francs on the basis of the parity ruling on the date of the transfer, it is consonant, on the one hand, with the provisions of the agreement, which does not provide for a fixed parity throughout the performance thereof but for the various parities which might apply successively and, on the other hand, with the fact that the beneficiary of the loan is an official, for the exchange rate to be the rate fixed as a reference parity in article 63 of the staff regulations and for the monthly transfers to be made in accordance with the provisions of article 17 of annex vii thereto.
in the performance of a loan agreement concluded before the entry into force of regulations nos 3085/78 and 3086/78 amending inter alia the provisions of article 63 of the staff regulations and of article 17 of annex vii thereto, the commission is therefore correct to apply to the monthly repayments falling due after the entry into force of the regulations in question the exchange rate resulting from application of the updated parities and of the new version of article 17.

Court: ECJ
Date: 01-Jul-1982
Links: Bailii,
References: C-1205/79, [1982] EUECJ C-1205/79

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Filed under European

Regina -v- Coutts; HL 19-Jul-2006

The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury.
Held: The appeal succeeded. The judge should have left a manslaughter verdict to the jury. His failure to do so, although fully understandable in the circumstances, was a material irregularity. ‘The public interest in the administration of justice is, in my opinion, best served if in any trial on indictment the trial judge leaves to the jury, subject to any appropriate caution or warning, but irrespective of the wishes of trial counsel, any obvious alternative offence which there is evidence to support. ‘
Lord Rodger: ‘These authorities help to identify the attitude which an appeal court must adopt in a case such as this, despite any justifiable feeling of distaste for the appellant’s approach. If the court concludes that there was a material misdirection which rendered the jury’s verdict unsafe, then it must give effect to that conclusion and quash the conviction. An unsafe verdict cannot stand just because the appellant was partly to blame for its being unsafe. ‘

Court: HL
Date: 19-Jul-2006
Judges: Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Lord Mance
Statutes: Criminal Law Act 1967 6(2) 6(3)
Links: Bailii,
References: [2006] UKHL 39, [2006] 1 WLR 2154, Times, 24-Jul-2006, [2007] 1 CAR 60, [2006] 4 All ER 353, [2006] Crim LR 1065, [2007] 1 Cr App R 6
Cases Cited:
Cited By:

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Filed under Criminal Practice

Larsen -v- Sylvester; HL 1908

A vessel was delayed by congestion for 9 days whilst waiting to load; she then loaded within the 84 hours allowed as laytime. The charterparty contained an exceptions clause which stated: ‘the parties hereto mutually exempt each other from all liability arising from floods . . and any other unavoidable accidents and hindrances of what kind soever beyond their control preventing or delaying the working, leading or shipping the said cargo occurring on or after the date of this charter until the actual completion of loading’.
Held: The ejusdem generis rule remains sound ‘both in law and as a matter of literary criticism’. However the inclusion of the words ‘of any other description’ at the end of a list precluded its application to this statute.

Court: HL
Date: 01-Jan-1908
References: [1908] AC 295, (1908) 96 LT 94
Cited By:

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Filed under Contract, Transport

In re Shields; HL 6-Feb-2003

(Northern Ireland) The chief constable appealed against a decision that the directions he had given, that officers with poor attendance records for sickness should not be considered for promotion.
Held: The Chief Constable had, following the Act, found a serious management problem. The directions were designed to encourage good attendance, and were within his powers, and valid. The scheme of the Act was that the Secretary of State would make Regulations which would be supplemented by such directions.

Court: HL
Date: 06-Feb-2003
Judges: Lord Bingham of Cornhill, Lord Browne-Wilkinson, Lord Nicholls of Birkenhead, Lord Hope of Craighead, Lord Hutton
Statutes: Police (Northern Ireland) Act 1998 22 25
Links: House of Lords, Bailii,
References: Times, 07-Feb-2003, [2003] UKHL 3
Cases Cited:

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Filed under Northern Ireland, Police

Minister of Health -v- The King ex parte Yaffe; 1931

Lord Thankerton said: ‘In this case, as in similar cases that have come before the Courts, Parliament has delegated its legislative function to a Minister of the Crown, but in this case Parliament has retained no specific control over the exercise of the function by the Minister, such as a condition that the order should be laid before Parliament and might be annulled by a resolution of either House within a limited period. In my opinion the true principle of construction of such delegation by Parliament of its legislative function is that it only confers a limited power on the Minister, and that, unless Parliament expressly excludes the jurisdiction of the Court, the Court has the right and duty to decide whether the Minister has acted within the limits of his delegated power.’
and: ‘Where, however, the power delegated to the Minister is a discretionary power, the exercise of that power within the limits of the discretion will not be open to challenge in a Court of law.’

Date: 01-Jan-1931
Judges: Lord Thankerton
References: [1931] AC 494,
Cited By:

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Filed under Constitutional

Point of Ayr Collieries Ltd -v- Lloyd George; CA 1943

The court considered a challenge to the appropriation of a colliery. The minister was given power under the 1939 Regulations: ‘if it appeared to him that in the interests of the public safety, the defence of the Realm, or the efficient prosecution of the war it was necessary to take control ‘ of property.
Held: The argument was rejected. There was no jurisdiction to interfere with the exercise of an executive power within his delegated authority.
Lord Greene MR said: ‘It is a settled principle, in dealing with documents of this kind, that the rule of omnia rite esse acta is to be applied, and, therefore, when it is stated by the Ministry in the proper way that it appears to the Minister of Fuel and Power that certain things are so, it is to be taken that that is an accurate statement unless and until the contrary is proved.’ and ‘If one thing is settled beyond the possibility of dispute, it is that, in construing regulations of this character expressed in this particular form of language, it is for the competent authority . . to decide as to whether or not a case for the exercise authority to judge of the adequacy of the evidence before it. It is for the competent authority to judge whether or not it is desirable or necessary to make further investigations before taking action. It is for the competent authority to decide whether the situation requires an immediate step, or whether some delay may be allowed for further investigation and perhaps negotiation . . One thing is certain and that is that those matters are not within the competence of this Court. It is the competent authority that is selected to come to the decision. and, if that decision is come to in good faith, this Court has no power to interfere provided, of course, that the action is one within the four corners of the authority . .’

Court: CA
Date: 01-Jan-1943
Judges: Lord Greene MR
Statutes: Defence (General) Regulations 1939
References: [1943] 2 All ER 546,

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Filed under Constitutional

Ortscheit -v- Eurim-Pharm; ECJ 10-Nov-1994

ECJ The national prohibition of advertising for medicinal products which despite the general requirement of authorization are not authorized in a country, but may be imported from another Member State of the European Community in response to an individual order if they have been lawfully put into circulation in that Member State, is, inasmuch as it affects only imported products, a measure having equivalent effect to a quantitative restriction within the meaning of Article 30 of the EEC Treaty.
That prohibition is however justified under Article 36 on grounds pertaining to the protection of the health and life of humans because it is necessary for the effectiveness of the national authorization scheme, which Member States are entitled to maintain in the absence of a procedure for Community authorization or mutual recognition of national authorizations.

Court: ECJ
Date: 10-Nov-1994
Statutes: EEC Treaty 30 36
Links: Bailii,
References: C-320/93, [1994] EUECJ C-320/93, [1994] ECR I-5243

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Filed under European, Media

Oren, Tiny Love Limited -v- Red Box Toy Factory Limited, Red Box Toy (UK) Limited, Index Limited, Martin Yaffe International Limited, Argos Distributors Limited; PatC 1-Feb-1999

One plaintiff was the exclusive licensee of a registered design. The defendant sold articles alleged to infringe the design right. The registered owner had a statutory right to sue for infringement. But the question was whether the licensee could also sue. An exclusive licensee has some statutory rights of action (67(1) of the 1977 Act), but the exclusive licensee of a registered design has no such right. The licensee claimed that the defendant was intentionally causing him loss by the unlawful means of infringing the rights of the registered owner.
Held: The court considered the tort of interfering with contractual relations, which requires an intention to interfere, and expressly followed the approach of Peter Gibson LJ in Millar saying that the unlawful conduct must ‘in some real sense be ‘aimed at’ the contract.’
Jacob J: ‘It is true that the exploitation of the licence may not have been so successful commercially by reason of the infringement, but the contractual relations and their performance remain completely unaffected.’ and ‘the right to sue under intellectual property rights created and governed by statute [is] inherently governed by the statute concerned. Parliament in various intellectual property statutes has, in some cases, created a right to sue and in others not. In the case of the 1988 Act it expressly re-conferred the right on a copyright exclusive licensee, conferred the right on an exclusive licensee under the new form of property called an unregistered design right (see section 234) but did not create an independent right to sue on a registered design exclusive licensee. It is not for the courts to invent that which Parliament did not create.’

Court: PatC
Date: 01-Feb-1999
Judges: Jacob J
Statutes: Copyright Designs and Patents Act 1988, Patents Act 1977 67(1)
Links: Bailii,
References: [1999] EWHC Patents 255, [1999] FSR 785
Cases Cited:
Cited By:

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Filed under Intellectual Property

Merrington -v- Ironbridge Metal Works Ltd; QBD 1952

The plaintiff fireman was injured when fighting a fire at a factory where the defendants had allowed large quantities of fine dust containing aluminium and carbon particles to accumulate. The plaintiff was injured by a dust explosion caused by the defendants allowing their premises to be in a condition which created ‘exceptional and serious risks’ of fire and explosion.
Held: The court rejected the defence of volenti. The injury was suffered by a fireman who was under a duty to go to the scene of the fire and could not therefore be described as ‘volens’.
Hallett J said: ‘This may be a convenient moment to say emphatically that I do not accept the submission of leading counsel for the plaintiff that, if a fireman sustains injury as the result of performing his duty at a fire, he ipso facto becomes entitled to recover compensation from any person whose carelessness has caused the fire in question.’ and ‘a real assent to the assumption of risk without compensation must be shown by the circumstances . . If, however, a man acts under the compulsion of a duty, such consent should rarely, if ever, be inferred, because a man cannot be said to be ‘willing’ unless he is in a position to choose freely.’

Court: QBD
Date: 01-Jan-1952
Judges: Hallett J
References: [1952] 2 All ER 1101, (1953) 117 JP 23
Cited By:
  • Ogwo -v- Taylor, HL, Cited, ([1987] 3 All ER 961, Bailii, [1987] UKHL 7, [1987] 3 WLR 1145, [1988] AC 431)

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Filed under Negligence

Rendell -v- Went (Inspector of Taxes); HL 5-May-1964

The taxpayer was a senior employee. Involved in a traffic accident, he faced possible imprisonment if convicted. His company volunteered to pay his defence. The House was now asked whether the sum paid was chargeable to income tax.
Held: The appeal was hopeless. Where there is in fact a benefit and, therefore, a perquisite the Act provides that the measure of the perquisite shall be the expense incurred by the company in providing it.

Court: HL
Date: 05-May-1964
Judges: Lord Reid, Viscount Radcliffe, Lord Guest, Lord Hodson, Lord Upjohn
Statutes: Income Tax 1952 161(1)
Links: Bailii,
References: [1964] UKHL 5, [1964] 1 WLR 650, [1964] 2 All ER 464

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Filed under Income Tax

Re Endacott; CA 12-Oct-1959

The will had left the residue to a parish council for the purpose of providing some useful memorial to myself, subject to the proviso that if my wife outlives me they must during the lifetime of my wife pay to my wife the interest which may accrue on the capital when properly invested by them’. The gift was challenged as bad in law. The Council appealed saying that the purpose was the reason for the gift, not a trust affecting the gift.
Held: Non-charitable purpose trusts are anomalous.

Court: CA
Date: 12-Oct-1959
Judges: Lord Evershed MR, Sellers, Harman LJJ
Links: Bailii,
References: [1960] Ch 232, [1959] EWCA Civ 5, [1959] 3 All ER 562, [1959] 3 WLR 799
Cited By:

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Filed under Charity, Trusts, Wills and Probate

Salmon -v- Seafarer Restaurants Ltd, (British Gas Corporation 3rd Party); QBD 1983

The defendant fish fryer had gone home for the night leaving a burner alight under a pan of fat. The plaintiff fireman was injured attending the consequent fire. He had been ordered onto the roof via a ladder which collapsed when the heat of the fire melted seals on gas rings leading to an escape of gas. He was thrown from the roof and badly injured. The defendants denied any breach of a duty of care to him.
Held: Even though the plaintiff had been given special training on the dangers of fires, the occupier’s duty in causing fire on his premises toward a fireman attending that fire included the ordinary risks and dangers of a fireman’s occupation and was not limited to a requirement to protect the fireman only against special, exceptional, or additional risks; that the fireman’s special skills and training were relevant in determining liability but, where it was foreseeable that a fireman exercising those skills would be injured through the negligence of the occupier, the occupier was in breach of his duty of care; that as the fire had been caused by the defendants’ negligence and since it was foreseeable that the plaintiff would be required to attend the fire and would be at risk of the type of injuries he received from the explosion which was caused by the negligence, the defendants were liable for the those injuries and damages were recoverable by the plaintiff.
Woolf J said: ‘Where it can be foreseen that the fire which is negligently started is of the type which could, first of all, require firemen to attend to extinguish that fire, and where, because of the very nature of the fire, when they attend they will be at risk even though they exercise all the skill of their calling, there seems no reason why a fireman should be at any disadvantage when the question of compensation for his injuries arises.’

Court: QBD
Date: 01-Jan-1983
Judges: Woolf J
References: [1983] 1 WLR 1264, (1983) 80 LSG 2523, [1983] 3 All ER 729
Cited By:
  • Ogwo -v- Taylor, HL, Cited, ([1987] 3 All ER 961, Bailii, [1987] UKHL 7, [1987] 3 WLR 1145, [1988] AC 431)

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Filed under Negligence

McEldowney -v- Forde; HL 18-Jun-1969

The House was asked whether the Magistrates had properlydismissed a charge of membership of an unlawful organisation, namely a Republican club. The Magistrates had found that an unlawful club would only be such if it supported the absorption of Northern Ireland into the Irish Republic. The Regulations were challanged as ultra vires to the Act.
Held: The Regulation was not ultra vires (majority). In the regulation in question the expediency was stated in the Regulation and in the absence of any charge of bad faith, expediency was presumed provided that the exercise of the power was capable of being related to the specified purposes.

Court: HL
Date: 18-Jun-1969
Judges: Lord Hodson, Lord Guest, Lord Pearce, Lord Pearson, Lord Diplock
Statutes: Civil Authorities (Special Powers) Act (Northern Ireland) 1922 1, Criminal Law and Procedure (Ireland) Act 1887
Links: Bailii,
References: [1969] UKHL 6, [1971] 1 AC 632, [1970] NI 11, [1969] 2 All ER 1039
Cases Cited:

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Filed under Constitutional, Northern Ireland

Financial Techniques (Planning Services) Ltd -v- Hughes; CA 1981

A genuine dispute as to wages owed will not necessarily amount to a repudiatory breach of contract on the part of the employer.

Court: CA
Date: 01-Jan-1981
Judges: Templeman LJ
References: [1981] IRLR 32,
Cited By:

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Filed under Employment

Coventry Building Society -v- Holloway; Nom 12-Feb-2008

Court: Nom
Date: 12-Feb-2008
Links: Bailii,
References: [2008] DRS 5303,

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Filed under Intellectual Property

The Regent Taxi and Transport Company, Limited -v- La Congregation Des Petits Freres De Marie Dit Freres Maristes; PC 25-Jan-1932

Canada

Court: PC
Date: 25-Jan-1932
Links: Bailii,
References: [1932] UKPC 4,

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Filed under Commonwealth

The Attorney General of Quebec -v- The Attorney General of Canada and Others; PC 9-Feb-1932

Canada – reference as to the jurisdiction of Parliament to regulate and control radio communications

Court: PC
Date: 09-Feb-1932
Links: Bailii,
References: [1932] UKPC 7, Appeal No. 84 of 1931

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Filed under Commonwealth, Media

The Attorney General of Quebec -v- The Attorney General of Canada; PC 9-Feb-1932

Canada

Court: PC
Date: 09-Feb-1932
Links: Bailii,
References: [1932] UKPC 6, Appeal No. 135 of 1929

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Filed under Commonwealth, Insolvency, Taxes - Other

Pohjanmaki -v- Council; ECJ 18-May-2015

ECJ Judgment – Public service – Officials – Promotion – Consideration of comparative merits – Respective roles of the appointing authority and the CCP – Absence of staff reports – Consultation of staff reports Failure by the members of the CCP – Compatibility with Rapporteur the CCP and former assessor – Manifest error of assessment – Seniority in grade – level of responsibilities exercised – Duty of care

Court: ECJ
Date: 18-May-2015
Links: Bailii,
References: F-44/14, [2015] EUECJ F-44/14

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Filed under European

Kadiyala Venkata Subamma and Another -v- Katreddi Ramayya, Since Deceased, and Others; PC 12-Jan-1932

Madras

Court: PC
Date: 12-Jan-1932
Links: Bailii,
References: [1932] UKPC 2,

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Filed under Commonwealth

Jardine and Another -v- The Attorney General of Newfoundland and Another; PC 12-Jan-1932

(Newfoundland)

Court: PC
Date: 12-Jan-1932
Links: Bailii,
References: [1932] UKPC 1,

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Filed under Commonwealth

Granette & Starorezn Distilleries -v- OHMI – Bacardi; ECFI 19-May-2015

ECJ Judgment – Community trade mark – Opposition proceedings – Application for figurative mark 42 VODKA VODKA Jemna VYRABENA JEDINECNOU technologii 42% vol. – Earlier international figurative mark 42 BELOW – Relative ground for refusal – Likelihood of confusion – Article 8, paragraph 1 b) of Regulation (EC) No 207/2009

Court: ECFI
Date: 19-May-2015
Links: Bailii,
References: T-607/13, [2015] EUECJ T-607/13

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Filed under European, Intellectual Property

Fogg and Ledgard -v- The Secretary of State for Defence, John Short; Admn 13-Dec-2005

The applicants sought judicial review of a decision of the respondent not to name the wreck of the merchant ship SS STORAA as a protected site under the 1986 Act. It had been a merchant ship forming part of a convoy, and was sunk by enemy action in the Second World War.
Held: The review was granted. It was clear that some merchant ships were not to be protected in this way, but in this case the merchant officers were subject to naval discipline. The description by the respondent of the gunners serving on the vessal as passengers was bizarre. The cargo included armoured tanks, and anti-aircraft devices. ‘a vessel, not being one of Her Majesty’s vessels, nor belonging to Her Majesty, but being a red ensign vessel (Merchant Shipping Act 1894, section 73(4)) belonging to a British subject, in convoy under one of Her Majesty’s ships, is whilst travelling in convoy: (1) obliged to obey the Commanding Officer of Her Majesty’s vessel in relation to matters relating to the navigation or security of the convoy;
(2) obliged to take such precautions for avoiding the enemy as may be directed by such Commanding Officer; and
(3) is subject to compulsion to obey by force or arms without liability for loss of life or property which may result from forceful compulsion.’ the STORAA was not, when it sank, simply carrying cargo. It was voyaging under compulsion in dangerous waters, laden with cargo, in a convoy under the protection of a naval vessel, and was armed so as to be able to engage in conflict with the enemy. It was also carrying Royal Naval personnel, namely members of the armed forces having the duty to protect the vessel and the convoy. The context of the Act requires attention to be paid to the fact that a merchant vessel was armed, so as to engage the enemy, and was required by law to obey all directions given by a Commanding Officer of the armed forces, not simply to protect itself but in matters ‘relating . . to the security of the Convoy’. A merchant vessel in convoy cannot act as it sees fit to protect itself and its cargo. By joining the convoy each vessel is bound to act in the interest of the other vessels and, to that extent, is required to act jointly.

Court: Admn
Date: 13-Dec-2005
Judges: Mr Justice Newman
Statutes: Protection of Military Remails Act 1986, Naval Discipline Act 1957 132(1), Ministers of the Crown (Emergency Appointments) Act 1939 1(1), Naval Discipline Act 1866 30
Links: Bailii,
References: [2005] EWHC 2888 (Admin), Times, 13-Jan-2006
Cases Cited:
Cited By:

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Filed under Armed Forces

Royal Holloway University of London (Decision Notice); ICO 10-Dec-2012

ICO The complainant has asked Royal Holloway University of Londonfor information about the membership of a University Redundancy Sub-Committee. The Commissioner’s decision is that the University did not deal with the request for information in accordance with the FOIA as it failed to provide a response to the request within the statutory time frame of 20 working days. As a response has now been provided the Commissioner requires no steps to be taken.
Section of Act/EIR & Finding: FOI 10 – Complaint Upheld

Court: ICO
Date: 10-Dec-2012
Links: Bailii,
References: [2012] UKICO FS50454315,

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Mitchell and Holloway -v- The United Kingdom; ECHR 17-Dec-2002

The applicant had become involved in civil proceedings which extended over ten years. They complained of an infringement of their human rights through the delay.
Held: The court had to take account of the complexity of the matter. This had been complex in fact and law, and one party had been obstructive. Nevertheless, some four years had passed between the action being ready for trial, and a date being made available by the respondent. That delay could not be excused by saying the party might have taken alternative steps. The failure to provide resources had denied the applicant’s right to a hearing within a reasonable time.

Court: ECHR
Date: 17-Dec-2002
Statutes: European Convention on Human Rights 6.1
Links: Worldlii, Bailii,
References: Times, 28-Dec-2002, 44808/98, [2002] ECHR 812, [2002] ECHR 818

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Filed under Human Rights, Litigation Practice

Guenter Henck -v- Hauptzollamt Emden. (Common Customs Tariff ); ECJ 23-Mar-1972

ECJ 1. In the interest of legal certainty and of administration the characteristics and objective properties of products generally supply the decisive criterion for their classification in the common customs tariff.
2. Products processed from maize and sorghum may be classified under tariff headings 11.01 and 11.02 if after processing they still contain the essential constituents of the basic product in proportions approximating to those of the product in its natural state.
3. Heading 23.07 refers to products which have been finally processed or are the result of a mixture of different substances and which are only suitable for feeding animals and not to agglomerated products the basic materials or materials of which come, as such, under a specific heading, even if they contain a binder not generally exceeding 3 per cent by weight.

Court: ECJ
Date: 23-Mar-1972
Links: Bailii,
References: R-36/71, [1972] EUECJ R-36/71

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Filed under Customs and Excise, European

Ghafoor -v- Regina; CACD 19-Jul-2002

The defendant had been involved in very substanial riots in Bradford.
Held: His sentence was reduced from four-and-a-half years to 18 months. The was 17 at the time of the offence, the Court saying that there was no good reason to depart from the maximum of 2 years generally available for a 17 year old.

Court: CACD
Date: 19-Jul-2002
Links: Bailii,
References: [2002] EWCA Crim 1857,
Cited By:

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Filed under Criminal Sentencing

Dona Maria Abeyesekera Hamini and Others -v- Daniel Tillekeratne; PC 26-Feb-1897

Ceylon – The Board considered the validity of a retrospective Order in Council.

Court: PC
Date: 26-Feb-1897
Links: Bailii,
References: [1897] AC 277, [1897] UKPC 6
Cited By:

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Filed under Commonwealth, Constitutional

Crossley -v- Rawlinson; 1981

A lorry driver stopped when the tarpaulin covering the lorry caught fire. A nearby AA patrolman ran to put it out, but tripped in a pothole and fell. He now claimed for personal injury.
Held: It was forseable that somebody might put themselves at risk to douse the fire, but not that they might be hurt on the way. The negligence which caused the fire did not cause the injury.

Date: 01-Jan-1981
Judges: R M Tucker QC
References: [1981] 3 All ER 674 DC,

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Filed under Negligence, Personal Injury

Beattie -v- Scott; 1990

The court emphasised that, when a case comes to trial, ‘the interests of the accused person demand that the Crown should prove its case against him without any assistance whatever on his part’.

Date: 01-Jan-1990
Judges: Lord Justice General Hope
References: 1990 SCCR 296,
Cited By:

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Filed under Criminal Practice, Scotland

Battlespring Ltd -v- Gates; CA 1983

The tenant had occupied the house for 35 years. She resisted an application by her landlord to rehouse her. She had brought up her family there and did want to leave.
Held: The landlord’s appeal was dismissed. The landlord’s interest which was purely financial had to be balanced against the wishes of the elderly lady tenant. The judge had made proper allowance for both interests and his decision was not to be disturbed. ‘Reasonableness’ is regarded as a matter for the trial judge and, in the context of secure tenancies, reasonable means having regard to both the interest of the parties and to the interest of the public.

Court: CA
Date: 01-Jan-1983
Judges: Watkins LJ
Statutes: Rent Act 1977 98
References: [1983] EGLR 103, [1983] EG 355, (1984) 11 HLR 6
Cases Cited:
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Filed under Housing

Andrew Master Homes Ltd v Cruikshank and Fairweather; CA 1981

The method of assessing loss caused by a negligent patent agent was considered.
Held: As a negligence action and not an infringement action, the logical method for assessing damages was to evaluate the market price of the right to pursue the application, on the assumption that (as was conceded in that case on appeal) it would have been accepted without amendment by the Patent Office. In making the evaluation, the court would take into account the prior art, the likelihood of opposition or revocation proceedings and the possibility of competitors modifying their product to avoid infringement.
Buckley LJ said: ‘When a new device is introduced to the market its commercial use may well have experimental value from the point of view of the inventor or patentee for some time thereafter; but if the use of the apparatus is by no means experimental from the point of view of the customer I doubt whether it can be properly described as for the purpose of trial or experiment only’. And
‘In my judgment damages are not nominal, because the purchaser might well have been willing to pay something for a patent, which though vulnerable to attack and avoidance, nevertheless might prove some deterrent to competitors and some convenience to the patent owner. However, the patent would have been so vulnerable to attack on the grounds of invalidity and could have been so easily avoided that it is improbable that a purchaser would have been prepared to pay a large amount.’ and
‘In assessing damages it must be borne in mind that this is not an infringement action. What the plaintiff company suffered in consequence of the defendants’ negligence or breach of contract was the loss of whatever benefits might have accrued to the company if the application had been accepted by the patent office, as it is conceded it would have been if it had been put in order by 7 July 1967. As I have already pointed out, it does not follow from that concession either that the plaintiff company would certainly have obtained a grant of a patent, or that, if the company had obtained the grant of a patent, that patent could have successfully withstood revocation proceedings. Nor can we be sure what the claims of such a patent would have been, nor whether a competitor could easily have avoided infringing such claims. One method-and it seems to me to be the logical method-of arriving at an assessment of damages might be to attempt to quantify the price at which the plaintiff company could have disposed in the open market as between willing vendor and willing purchaser of its right to pursue its application on the assumption that it had been accepted by the Patent Office without amendment, for it was of this right that the company was deprived by the defendants’ negligence or breach of contract. Such a quantification cannot be an easy matter, for it necessarily involves forming a view of what the opinion of the supposed purchaser would be upon the various unknown factors which I have indicated, as well as of the value which the supposed purchaser would put upon the potential profitability of any patent he might succeed in obtaining.’
Templeman LJ said: ‘I agree also with my Lord that the appropriate method of assessing damages is to attempt to quantify the price at which the plaintiff company could have disposed in the open market as between willing vendor and willing purchaser of its right to pursue its application on the assumption that the application would have been accepted by the Patent Office without amendment. In my judgment it must however be assumed that the purchaser would have been prudent enough to make prior inquiries which would have revealed the Hotchkiss patent and that the purchaser would have bought the benefit of the application by the plaintiff company in the knowledge, or at least suspicion, that any patent granted in respect of Mr Andrew’s machine would be vulnerable to opposition proceedings or revocation proceedings and in any event could be avoided with ease by the use of fixed spacers.’

Court: CA
Date: 01-Jan-1981
Judges: Buckley LJ, Templeman LJ, Brightman LJ
References: [1981] RPC 389,
Cited By:

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Filed under Damages, Intellectual Property

The Topps Company Inc -v- Tom Hannah (Agencies) ltd; OHCS 14-Feb-2000

When asking whether one kind of sweet, contained in a distinctive toy-like packaging constituted a passing off in respect of another, the court should recognise that though an adult might make many fine distinctions between the two, the view that mattered was that of a child who might buy the sweets. It was correct here for the judge to attempt to look at the packaging through the eyes of a child.

Court: OHCS
Date: 14-Feb-2000
Links: Times,
References:

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Filed under Intellectual Property