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Taylor v Davies: PC 19 Dec 1919

(Ontario) An assignee for the benefit of creditors conveyed mortgaged property to the mortgagee in satisfaction of part of the debt due to him. The mortgagee was also one of the inspectors required by the Canadian legislation to supervise the conduct of assignments for the benefit of creditors. Twelve years after the conveyance creditors commenced … Continue reading Taylor v Davies: PC 19 Dec 1919

Alcom Ltd v Republic of Colombia: HL 1984

A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in 1978. It is highly unlikely that Parliament intended to require United Kingdom courts to act contrary … Continue reading Alcom Ltd v Republic of Colombia: HL 1984

Sfeir and Co v National Insurance Co of New Zealand: 1964

The court was asked as to the enforceability of a Ghanaian judgment on a marine insurance contract under the 1920 Act. Held: Mocatta J accepted that ‘an implied submission or agreement to submit can satisfy the words of [section 9(2)(b)]’. But it was not enough that it should be reasonable to find the implied submission … Continue reading Sfeir and Co v National Insurance Co of New Zealand: 1964

Lehtimaki and Others v Cooper: SC 29 Jul 2020

Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020

Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987

The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the use of plastic baton rounds for the first time in England and Wales and … Continue reading Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987

Owens Bank Ltd v Bracco and Another (No2): HL 17 Jun 1992

The bank had obtained judgment in St Vincent to recover a loan. It now sought to register the judgment here for enforcement. The defendant wanted to argue that the judgment had been obtained by fraud, and to resist registration of the judgment. The bank said that to raise the objection, the defendant had first to … Continue reading Owens Bank Ltd v Bracco and Another (No2): HL 17 Jun 1992

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Ropaigealach v Barclays Bank plc: CA 6 Jan 1999

The applicant’s property was charged to the defendant. At the time it was not occupied. The mortgage fell into arrears, and after serving notice at the property, the bank took posssession and sold the property at auction. The claimants said the bank should have taken possession only after court proceedings. Held: A lender taking possession … Continue reading Ropaigealach v Barclays Bank plc: CA 6 Jan 1999

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria: QBD 13 Jun 2003

AIC had used the 1920 Act to register a judgment obtained in Nigeria against the Nigerian Government. The underlying matter was a commercial transaction. Nigeria applied to set the registration aside, saying that registration was an adjudicative act and that Nigeria was protected by state immunity by reason of section 1 of the 1978 Act. … Continue reading AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria: QBD 13 Jun 2003

AIC Ltd v Federal Government of Nigeria: QBD 13 Jun 2003

The court was asked: ‘i. whether a judgment against a State may be registered under section 9 of the Administration of Justice Act 1920 and enforced in this country; andii. whether moneys in a bank account of a central bank that is a separate legal entity, belonging beneficially to the government of its state, are … Continue reading AIC Ltd v Federal Government of Nigeria: QBD 13 Jun 2003

SerVaas Incorporated v Rafidian Bank and Others: SC 17 Aug 2012

The appellant had contracted to construct a factory in Iraq. On the imposition of sanctions, the respondent bank’s assets were frozen. The appellant sought to recover the sums due to it, and obtained judgment in France. After the fall of Hussain, arrangements were put in place to begin to pay the respondent’s creditors, and debt … Continue reading SerVaas Incorporated v Rafidian Bank and Others: SC 17 Aug 2012

Strategic Technologies Pte Ltd v Procurement Bureau of The Republic of China Ministry of National Defence: CA 30 Nov 2020

‘A claimant obtains a money judgment in the courts of a Commonwealth state which it then seeks to enforce by a common law action on the judgment in a second Commonwealth state. The issue arising on this appeal is whether the judgment thus obtained in the second Commonwealth state (‘a judgment on a judgment’) can … Continue reading Strategic Technologies Pte Ltd v Procurement Bureau of The Republic of China Ministry of National Defence: CA 30 Nov 2020

JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

Times Newspapers Ltd and others v Regina: CACD 30 Jul 2007

The newspaper and other media companies appealed from an order restricting the reporting of parts of the evidence given in a trial for an offence under the 1989 Act. The objected that the order did not serve, as required, to protect any proceedings, and that it should not be a permanent ban. Held: The order … Continue reading Times Newspapers Ltd and others v Regina: CACD 30 Jul 2007

Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005

Frear v Frear and Another: CA 2 Dec 2008

Claim for interest in land The claimant asserted an interest in the house in his mother’s estate and claimed against the personal representatives. He had lived in the house with his mother. He had previously assisted in the purchase of an earlier family home after being injured, but the house had been transferred into his … Continue reading Frear v Frear and Another: CA 2 Dec 2008