Judges: Mr Justice Tomlinson Citations: [2003] EWHC 2419 (Comm), [2004] 1 All ER (Comm) 159, [2004] ILPr 5 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Base Metal Trading Ltd v Shamurin ComC 21-Nov-2001 . . Cited – Cordoba Shipping Co Ltd v National State Bank, Elizabeth, New Jersey (The Albaforth) CA 1984 … Continue reading Base Metal Trading Ltd v Shamurin: ComC 22 Oct 2003
The company complained that its auditors had failed to give appropriate warning of the Society’s exposure to risk in awarding larger bonuses than were justified, and that had the true position been known, it xould have put itself up for sale earlier, reducing later substantial losses. The defendant sought to strike out the claims. Held: … Continue reading Equitable Life Assurance Society v Ernst and Young (A Firm): ComC 10 Feb 2003
The claimant had suffered serious injury in a parachuting accident which deprived him of the opportunity of pursuing his chosen career in the police force. The judge found ‘to the extent of virtual certainty’ that he would have applied to join the police when the time was right, probably when he was aged 30, and … Continue reading Herring v Ministry of Defence: CA 10 Apr 2003
Employer liable for employee with criminal record An employee of a firm of solicitors took pawned jewellery to show to a third party possible purchaser. The jewels were misappropriated. Held: The person involved, who was known to have a criminal record for fraud was for all relevant purposes the firm’s employee, and they had vicarious … Continue reading Bakhitar v Keosghgerian and Others: QBD 3 Dec 2003
The question of whether a reasonable time has been exceeded in performance of a contract is ‘a broad consideration, with the benefit of hindsight, and viewed from the time at which one party contends that a reasonable time for performance has been exceeded, of what would, in all the circumstances which are by then known … Continue reading Astea (UK) Ltd v Time Group Ltd: TCC 9 Apr 2003
After an action with regard to a lease contract for a car, orders were made including for costs. The costs orders were now appealed. The claimant recovered nominal damages from the first defendant, and substantial damages from the second. The second in turn recovered substantially against the first. Held: The order made did not distribute … Continue reading Alpha Chauffeurs Ltd v Citygate Dealership Ltd ((T/A Hr Owen) and Another: CA 20 Feb 2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
BP sought compensation after its land had been acquired compulsorily. The council said its claim was time barred. BP appealed from the Lands Tribunal, saying an agreement with the Authority had kept its claim alive. Held: The fact of entry did not prevent purchase by agreement, which was usual. The agreement gave rise to a … Continue reading BP Oil UK Ltd v Kent County Council: CA 13 Jun 2003
The claimant sought damages from her former accountants for failing to protect her from bankruptcy. The receiver had unnecessarily caused great difficulties in making their claim that such an action vested in them. The defendants had subsequently, and brazenly sought to avoid laibility by denying the claimant’s standing to sue them. Held: The claim by … Continue reading Mulkerrins v Pricewaterhouse Coopers: HL 31 Jul 2003
The appellants were widowers whose wives had died at a time when the benefits a widow would have received were denied to widowers. The legislation had since changed but they variously sought compensation for the unpaid sums. Held: The appeal succeeded. By 1995 discrimination as to pensions was no longer supportable. And those appellants pursuing … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 18 Jun 2003
The case had concluded. Offers of settlement had been made and the operative one included an offer on the interest payable. The court came to decide how the interest part of the offer was to be considered when assessing whether the judgment bettered the offer. It was noted that an offer on costs was to … Continue reading Ali Reza-Delta Transport Co Ltd v United Arab Shipping Co Sag: CA 17 Jun 2003
A defendant appealed against an order admitting as evidence, records of ‘without prejudice’ conversations. Held: Written and oral communications, which are made for the purpose of a genuine attempt to compromise a dispute between the parties, may generally not be admitted in evidence. An exception to the rule is where there is shown ‘unambiguous impropriety.’ … Continue reading Berry Trade Ltd and Another v Moussavi and others: CA 22 May 2003
The court considered an an application to strike out a claim for damages for the loss of profits which the claimant said he would have made if the bank had complied with its agreement to provide him with funds for a property development. Held: Even on the assumption that the bank knew of the purpose … Continue reading Mulvenna v Royal Bank of Scotland Plc: CA 25 Jul 2003
The court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants. Held: The test to be applied under section 14(2) was ‘partly subjective’and ‘section 14(2) was designed principally to provide for cases of late diagnosis … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 10 Jun 2003
The employee claimed damages after injury at work using scaffolding equipment supplied by his employers which was upset by the violent act of a fellow employee. Held: The equipment when used properly was safe. It only became dangerous if deliberately misused. The employer could not be vicariously liable for the deliberate wrongful act of a … Continue reading Horton v Taplin Contracts Limited: CA 8 Nov 2002
The claimant said his solicitors had failed to protect his interests in a partnership agreement into which he subsequently entered. The agreement contained less favourable terms than those which should have been agreed and he claimed damages accordingly. Alternatively he claimed damages on the basis that the solicitors’ breach of duty had caused him to … Continue reading Anthony McCarroll v Statham Gill Davies (A Firm): CA 1 Apr 2003
The claimant sought damages for breach of a company share sale agreement. The seller had given a warranty that it was not involved in any undisclosed litigation. An anti-trust investigation had been begun in the US. Held: In this case the seller could not demonstrate that it had complied with its own obligations under the … Continue reading Laminates Acquisition Co v BTR Australia Ltd: ComC 31 Oct 2003
A copyright infringement case had been settled, but the court was to quantify and apportion costs. Some andpound;700,000 having been spent when the damages amounted to andpound;10,000. Held: Denne did not oust the court’s jurisdiction to hear an appeal. It is not open to the appellant to complain that the judge set out to do … Continue reading BCT Software Solutions Ltd v C Brewer and Sons Ltd: CA 11 Jul 2003
The claimant and defendant had each operated using a the name ‘HotSpot’ for a name for its lottery. The respondent had registered the name as a trade mark. The claimant began to use the name first and claimed in passing off, and the respondent claimed infringement of its mark. Held: The law of passing off … Continue reading Inter Lotto (Uk) Ltd v Camelot Group Plc: CA 30 Jul 2003
The defendant appealed an award of damages to the claimant after a road accident. He had been constructing a boat, and had reduced earnings during this period. Held: This was a classic case for a Smith v Manchester-type award, rather than the selection of a multiplicand even on an ‘educated guess’ basis. The claimant had … Continue reading Willemse v Hesp: CA 11 Jul 2003
The case concerned the meaning of the phrase ‘compensation for earnings lost’ as it applied to self employed persons. Held: The fact that a person’s accounts described fees as turnover, did not prevent them being still earnings within the Act. Judges: Lord Justice Brooke Lady Justice Hale Mr Justice Wilson Citations: [2003] EWCA Civ 729, … Continue reading Geoffrey Chatwin v Janice Lowther: CA 21 May 2003
One director discovered that his co-director had withdrawn substantial sums from the company. Judges: Schiemann LJ, Potter Lj, Arden LJ Citations: [2003] EWCA Civ 810, [2004] 1 WLR 783, [2004] 1 WLR 783, [2004] BCC 27, [2003] OPLR 343, [2004] WTLR 629, [2003] WTLR 1413, [2003] Pens LR 179, [2003] 4 All ER 733, [2003] … Continue reading Clark v Cutland: CA 18 Jun 2003
The claimants sought damages for psychiatric injury for stress and anxiety in being engaged on the behalf of the respondent in the course of combat. Held: The defendant had no duty to maintain a safe system of work for military personnel during combat operations. The term ‘combat’ must be given a wide meaning. The immunity … Continue reading Bell, Multiple claimants v Ministry of Defence (1) and (2): QBD 21 May 2003
The claimant had obtained an award of damges in the US, and had had orders made for its enforcement here. The appellants contended that the award, containing an element of ‘multiplied damages’ offended the rules which would allow its enforcement here. Held: Since the original judgment the US court had restated its decision and clarified … Continue reading Eliades, Panix Promotions Ltd, Panix of the US Inc v Lewis: CA 8 Dec 2003
The applicants had a business processing whelks. After the loss of the Sea Empress, an order was made prohibiting the sale of seafood from the area. They appealed a refusal of compensation for their losses. The respondents would be liable to make recompense if the loss could be said to be ‘damage caused by contamination … Continue reading R J Tilbury and Sons (Devon) Ltd t/A East Devon Shellfish v Alegrete Shipping Co Inc (Owners of the Ship ‘Sea Empress’), Assurance Foreningen Skuld (Gjensidig) and the International Oil Pollution Compensation Fund 1971: CA 7 Feb 2003
Judges: Waller LJ Citations: [2003] EWCA Civ 106 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Bim Kemi Ab v Blackburn Chemicals Ltd ComC 30-Jan-2002 . . See also – Bim Kemi Ab v Blackburn Chemicals Ltd CA 24-Jun-2003 It had been argued by the claimant in written submissions (although not maintained orally) … Continue reading Bim Kemi Ab v Blackburn Chemicals Ltd: CA 13 Feb 2003
The issue arose as to the liability of a firm for the acts of a partner who had made statements to the claimant regarding the rate of return on a proposed investment amounting to some 6,000 per cent per annum. Held: The following propositions of law held: ‘(i) The principles of vicarious liability of partners … Continue reading Cochlan v Ruberella Limited: CA 21 Jul 2003
The applicant was a discretionary life prisoner compulsorily detained in a mental hospital. His tariff had now expired. If not detained under the 1983 Act he would now be entitled to a review. He argued that there should be a joint hearing. Held: There is no necessary breach of the requirement of a speedy hearing … Continue reading P, Regina (on the Application of) v Secretary of State for the Home Department: Admn 11 Dec 2003
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003
Money had been loaned for the purchase of three ships,and mortgages over the ships had been given given. The borrowers were in default, and the lender sought to arrest the vessels. The defendant argued that the way the arrest had been undertaken caused additional losses. Held: The Bank’s actions constituted a breach of the obligation … Continue reading Den Norske Bank Asa v Acemex Management Company Ltd: CA 7 Nov 2003
The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it. Held: The nature of the activity to be carried out, the discharge of pyrotechnics as part of a dramatic entertainment, … Continue reading Bottomley v Todmorden Cricket Club: CA 7 Nov 2003
Assessment of damages after offer of amends. Held: the Court’s award of damages serves as ‘an outward and visible sign of vindication’ Judges: Eady J Citations: [2003] EWHC 137 (QB), [2004] EMLR 3 Links: Bailii Statutes: Defamation Act 1996 3 Jurisdiction: England and Wales Cited by: Cited – Dhir v Saddler QBD 6-Dec-2017 Slander damages … Continue reading Cleese v Clark and Another: QBD 6 Feb 2003
The claimant sought damages alleging that she had been injured by the defendants’ negligence in conducting her birth. The parties sought determination of whether the court should restrict the number of expert witnesses. Held: Nothing in the rules set a specific limit of one such witness. Where the question was substantial and complex, the overriding … Continue reading ES v Chesterfield and North Derbyshire Royal Hospital NHS Trust: CA 25 Jul 2003
Citations: [2003] EWCA Civ 1342 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Charles Church Developments Ltd v Stent Foundations Ltd and Another TCC 5-Dec-2006 The land owner sought damages for negligence against its builder and a sub-contractor. Having left the issue too late to complete the pre-action protocol, it issued proceedings, but … Continue reading Hemmingway and Another v Smith Roddam (A Firm) and others: CA 18 Sep 2003
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather furniture) meeting UK fire safety standards, and with which the claimant gave assistance. The defendants did not renew the … Continue reading Tigana Ltd v Decoro Ltd: QBD 3 Feb 2003
The claimants sought damages for professional negligence, in having failed to pursue a claim for professional negligence against a previous firm of solicitors who had acted for the claimant. Judges: The Honourable Mr Justice Eady Citations: [2003] EWHC 1091 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Swain v Hillman CA 21-Oct-1999 Strike … Continue reading William Browning, Maureen Browning v Messrs Brachers (A Firm): QBD 15 May 2003
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the perjury. Held: The court had to balance the competing needs of fairness and expedition. There was nothing … Continue reading Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003
The applicant had been convicted of murder and sentenced to life imprisonment. He had twice previously been released on licence and had his licence revoked. His tarriff had expired The period between reviews of his detention had been two years, but a new system of 15 month intervals was being introduced. He complained that the … Continue reading Murray v The Parole Board Secretary of State for the Home Department: CA 6 Nov 2003
The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release. Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of … Continue reading Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003
The claimant instructed the defendant firm to act in advising in support of an investment in Russia. The investment was declared invalid in the courts of Russia, and the claimant said that the defendant should have forewarned them of the problem, avoiding expense and loss of profit. The defendants denied instructions to act in this … Continue reading Normans Bay Limited (Formerly Illingworth Morris Limited) v Coudert Brothers (A Firm): QBD 19 Feb 2003
A contribution to a damages award was sought. The two year period under section 10 had expired between the anniversary of the date on which an agreement to settle the victim’s claim had been made and the anniversary of the consent order which had given effect to the agreement. The court had to decide whether … Continue reading Knight v Rochdale Healthcare NHS Trust, the National Health Service Litigation Authority, The Secretary of State for Health: QBD 23 Jul 2003
The two defendants had been involved in a jet-ski accident on holiday in Europe. The claimant sought a declaration that it was not liable to indemnify its insured under the holiday insurance under which they travelled. The policy excluded liability for damages arising from ownership, or possession of water craft. The defendants alleged that the … Continue reading Bankers Insurance Company Limited v South, Gardner: QBD 7 Mar 2003
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when their losses could be minimalised. They appealed a judgment limiting the claim … Continue reading Equitable Life Assurance Society v Ernst and Young: CA 25 Jul 2003
The claimant sought damages against its former directors for negligence and breach of fiduciary duty. The defendants asked that the claims be struck out. Held: It was no longer good law that directors might leave the conduct of the company’s business to competent management. Though section 727 might give relief to directors who had been … Continue reading Equitable Life Assurance Society v Bowley and others: ComC 17 Oct 2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages. Held: The tort of malicious procurement of a search warrant required it to be established both that there was no reasonable or probable cause for requesting the search warrant and that there … Continue reading Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003
The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages. Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private … Continue reading Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003
The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle … Continue reading Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003
Citations: [2003] EWCA Civ 160 Links: Bailii Statutes: Land Compensation Act 1961 5(4) Jurisdiction: England and Wales Land, Damages Updated: 25 October 2022; Ref: scu.181109
The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His widow sought to pursue an action, but it was claimed that this was out of time. … Continue reading Barry Young (Deceased) v Western Power Distribution (South West) Plc: CA 18 Jul 2003
Judges: Lord Justice Mummery Lord Justice Sedley The Vice-Chancellor Citations: [2003] EWCA Civ 1073 Links: Bailii Statutes: Channel Tunnel Rail Link Act 1996 Jurisdiction: England and Wales Cited by: See Also – Christos and Another v Secretary of State for the Environment, Transport and the Regions LT 11-Nov-2003 LT COMPULSORY PURCHASE – Compensation – dwellinghouse … Continue reading The Secretary of State for Transport v Christos, Christos: CA 25 Jul 2003
Citations: [2003] EWHC 9026 (Costs) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Robert Alfred Hurst v Ian Leeming ChD 14-Mar-2003 . . See Also – Hurst v Leeming (9026) ChD 9-May-2002 The claimant solicitor, had instructed the defendant, a barrister, to represent him in a civil claim. He sought had damages for … Continue reading Hurst v Leeming: SCCO 9 May 2003
What makes a claim a ‘new claim’ as defined in section 35(2) of the Limitation Act 1980 is not the newness of the case according to the type or quantum of the remedy claimed, but the newness of the cause of action that it involves. A cause of action is a set of facts that … Continue reading Aldi Stores Ltd v Holmes Buildings Plc: CA 1 Dec 2003
The claimant’s premises had been destroyed by fire. They sought damages from the designers for negligence. Judges: The Vice-Chancellor Sir Andrew Morritt Lord Justice Buxton Lord Justice Laws Citations: [2003] EWCA Civ 1790 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Blatch v Archer 1774 Lord Mansfield said: ‘It is certainly a maxim that … Continue reading Six Continents Retail Ltd v Carford Catering Ltd, R Bristoll Ltd: CA 5 Nov 2003
The claimants shipped goods to Chile through the defendant shipping line. The goods were lost. The shippers rights of suit under the contract of carriage had been transferred to a third party. Held: The shippers as the bank’s principals couldn’t be the holders of the bills endorsed to the banks, and the rights of suit … Continue reading P and O Nedlloyd B v Dampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation: CA 12 Feb 2003
The dutch based claimant sought damages for wrongful termination of what it said was a long-term contract. The claimant in Austria claimed the price of goods sold and delivered pursuant to a number of one-off contracts to which the defendant (claimant in Holland) responded by setting off a counterclaim for breach of the long-term contract. … Continue reading Gantner Electronic GmbH v Basch Exploitatie Maatschappij BV: ECJ 8 May 2003
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages. Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue … Continue reading Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003
Gage J considered a holiday disappointment claim saying: ‘In my opinion the claimant is entitled to a sum representing diminution in value of the holiday. In assessing this sum I take into account that this was on any view a very expensive holiday. As such, the claimant and her party were entitled to expect very … Continue reading Kepple-Palmer v Exus Travel: QBD 2003
The court refused an application for further documents to be disclosed, the application being made on the day before the hearing of the appeal. Judges: Schiemann, Tuckey, Longmore LJJ Citations: [2003] EWCA Civ 1475 Links: Bailii Jurisdiction: England and Wales Citing: Main Judgment – Sinclair Roche and Temperley (A Firm) v Somatra Ltd (Damages) CA … Continue reading Sinclair Roche and Temperley (A Firm) v Somatra Ltd (Documents): CA 23 Oct 2003
The defendants wanted to defend their patent against a possible infringement. There were negotiations, following which the defendants wrote claiming damages or licence fees. The claimant asserted that the letter constituted a threat. The defendant argued justification. Held: The court has to determine in all the circumstances not only whether a threat was made but … Continue reading Cintec International Ltd v John Humphries Parkes (T/A Dell Explosives) and Another: ChD 2 Oct 2003
The landlord had signed agreements tieing him to sales of beers. After falling into debt, he challnged the prices he had been obliged to pay as contravening the Treaty. The European Court had held that there was a possible claim under the Treaty. Held: The UK market in beer did not operate to exclude competition … Continue reading Crehan v Inntrepreneur Pub Company (Cpc), Brewman Group Limited: ChD 26 Jun 2003
Canlii (Supreme Court of Canada) Torts – Liability – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Whether government negligent – Whether government vicariously liable for torts of foster parents – Whether government liable for breach of non-delegable duty … Continue reading KLB v British Columbia: 2 Oct 2003
The claimant said that the defendant had infriged its rights by the use of its logo on their publications. Judges: Proudman J Citations: [2011] EWHC 1489 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Ladbroke (Football) Ltd v William Hill (Football) Ltd HL 1964 What is substantial copyingThe plaintiff alleged copying of their … Continue reading Future Publishing Ltd v The Edge Interactive Media Inc and Others: ChD 13 Jun 2011
Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete implementation of the Treaty. LMA Brasserie de Pecheur – Claim by a French brewery … Continue reading Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996
The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. They said the defenders should have issued a variation to allow them to claim … Continue reading AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003
The defendant appealed convictions for sexual assault against four young girls. Held: The admissibility of ‘similar fact’ evidence depends upon the degree of its relevance. If only suggests propensity it is inadmissible. If it goes further and can be shown to be relevant to, and probative of, a particular issue in the case, then it … Continue reading Regina v Venn: CACD 1 Feb 2003
The solicitor had agreed a resolution of a complaint, but failed to implement it. The case was returned to the Law Society who imposed a andpound;5,000 penalty. He complained that the OSS had no jurisdiction to entertain the renewed complaint because it related to conduct occurring after the termination of his retainer, and that the … Continue reading Haycocks v The Law Society: CA 17 Jun 2003
The parties entered into a charterparty. The court was now asked how that might be determined under its terms. Judges: The Honourable Mr Justice Morison Citations: [2003] EWHC 16 (Comm) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Golden Strait Corporation v Nippon Yusen Kubishika Kaisha; ‘the Golden Victory’ TCC 15-Feb-2005 The … Continue reading Nippon Yusen Kubishiki Kaisha v Golden Strait Corporation: ComC 17 Jan 2003
The council sought to recover from the defendant damages for the late completion of roadworks. Held: ‘The statutory provisions are long and complex. At times I have been inclined to wonder whether they are the product of a demented computer.’ The rules which required the notices to be given within the procedures to start and … Continue reading Transco Plc v Leicestershire County Council: CA 4 Nov 2003
The claimant sought damages for personal injury namely stress suffered in the course of her work as a care manager. She said that she had been overworked, and suffered depression when a proposal for reducing the work load remained unimplemented. The court at first instance held that the system of working imposed upon the claimant … Continue reading Pratley v Surrey County Council: CA 25 Jul 2003
The court was asked whether, following a TUPE transfer, a contractual term with regard to the making of enhanced redundancy payments had been preserved. Held: Elias J said: ‘The fundamental question is this: is the employee’s conduct, by continuing to work, only referable to his having accepted the new terms imposed by the employer? That … Continue reading Solectron Scotland Ltd v Roper and others: EAT 31 Jul 2003
The claimant sued various of those who had represented him in a claim against the Ministry of Defence. He believed that he had had to accept an inadequate sum in settlement after being at risk of losing the claim for non-prosecution. The defendant solicitors sought contribution from the solicitors who had taken over the case … Continue reading Luke v Kingsley Smith and Company and Others: QBD 23 Jun 2003
(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated. Held: The Board of the Council did have power to grant an interim injunction to preserve the situation pending a final ruling. That power derived from the power of any … Continue reading Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment and Another (No 2): PC 13 Aug 2003
Europa Reference for a preliminary ruling – Public contracts – Directive 89/665/EEC – Review procedures concerning the award of public contracts – Power of the body responsible for review procedures to consider infringements of its own motion – Directive 93/36/EEC- Procedures for the award of public supply contracts – Selection criteria – Award criteria Citations: … Continue reading Gesellschaft fur Abfallentsorgungs-Technik GmbH (GAT) v Osterreichische Autobahnen und Schnellstrassen AG (OSAG): ECJ 19 Jun 2003
The claimants objected to a forced transfer of an unused justices on-line for the benefit of the licencee applicants. The licensees had first been refused a licence for certain premises, but then requested and were given transfer of an obsolete licence for nearby premises. The claimants, neighbours, asserted an infringement of their human rights. Held: … Continue reading Bushell and Others, Regina (on the Application of) v Newcastle Licensing Justices and others: Admn 31 Jul 2003
The claimants were to be married. They sold the rights to publish photographs of their wedding, but various of the defendants took and published unauthorised pictures. Held: The claimants had gone to lengths to ensure the commercial value of their celebration, and it could attract the protection given in law to confidential matters. What matters … Continue reading Douglas etc v Hello! Ltd etc: ChD 11 Apr 2003
The claimants had succeeded in a claim of distress occasioned by breach of confidence and breach of the Data Protection Act by the taking and selling of photographs from their wedding. Held: As to losses, for the magazine who had bought the rights, the issue was decided by reference to the fee they would have … Continue reading Douglas and others v Hello! Ltd etc: ChD 7 Nov 2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003
The applicant had been obliged under statute to have her claim for maintenance for her child pursued thorugh the Child Support Agency. She said that through the delay and otherwise, her claim had been lost. Held: The statute debarred the claimant pursuing her own remedies, and her human rights were therefore engaged. The inability to … Continue reading Regina (Kehoe) v Secretary of State for Work and Pensions: QBD 16 May 2003
The court looked at the calculation of damages after an offer of amends under the Act by the defendant. Held: Such calculations have to be linked to the very different circumstances of each case. Comparisons with awards after jury trial were unhepful: ‘I am not concerned with hypothesising as to what a particular group of … Continue reading Cleese v Clark: QBD 2003
(Commission) The claimants said that the procedures used to secure their convictions amounted to entrapment, and that UK criminal procedures did not give sufficient protection so as to provide a fair trial. One was arrested with heroin, and the other in the company of an undercover officer in possession of forged currency. Each was later … Continue reading Edwards and Lewis v The United Kingdom: ECHR 22 Jul 2003
The claimant was injured climbing without ropes (‘bouldering’) at defendant’s activity centre. The defendant appealed against a finding of 25% responsibility in having failed to warn climbers that the existence of thick foam would not remove all risk and might give a false sense of security. Held: It was not sustainable to say that the … Continue reading Portsmouth Youth Activities Committee (A Charity) v Poppleton: CA 12 Jun 2008
The parties agreed for a lease to be granted of a new building. Part had been intended to be excluded for shops, but permission was not obtained, the shops area was included and leased back. When the tenants sought to determine the lease, the landlord said that vacant possession of the whole was required. Held: … Continue reading JIS (1974) Ltd v MCP Investment Nominees I Ltd: CA 9 Apr 2003
The court was asked to rule on two remaining pre-trial issues in this defamation claim. ‘namely, (1) an issue of meaning and (2) questions on the admissibility and relevance of eleven witness statements served on the Claimants’ behalf, and accompanied by Civil Evidence Act notices in May of this year.’ Judges: Eady J Citations: [2003] … Continue reading Jameel, Abdul Latif Jameel Company Ltd v Wall St Journal Europe SPRL: QBD 7 Oct 2003
The defendant sought an order dismissing the defamation claim brought against it, saying that the rule that a defamation claim might be brought without proof of damage to reputation could not survive the introduction of the 1998 Act. Judges: Eady J Citations: [2003] EWHC 2945 (QB), [2004] 2 All ER 92 Links: Bailii Statutes: Human … Continue reading Jameel and Another v The Wall Street Journal Europe Sprl: QBD 5 Dec 2003
The defendant appealed reversal on appeal of the award of damages aganst them. The pursuer had been working within the hull of a ship, and the plank on which he was standing had snapped, causing him to fall. The plank should have been of sufficient strength to hold his weight. The pursuer’s memory of the … Continue reading Thomson v Kvaerner Govan Limited: HL 31 Jul 2003
(Supreme Court of Norway) A request was made for a declaratory judgment finding that a tobacco manufacturer was liable for damages on a strict liability basis with respect to an injured party who after over 40 years of cigarette smoking developed lung cancer and died. Held: ‘The parties have in their arguments before the Supreme … Continue reading Lund v JL Tiedemanns Tobaksfabrik A.S: 31 Oct 2003
Objection was made to the use of an expert witness who had formerly been a senior employee of the defendant. Held: The court set out criteria for testing the independence of a proposed expert witness: ‘i) It is always desirable that an expert should have no actual or apparent interest in the outcome of the … Continue reading Armchair Passenger Transport Ltd v Helical Bar Plc and Another: QBD 28 Feb 2003
EAT Contract of Employment – Damages for breach of contract. Judges: The Honourable Mr Justice Wall Citations: [2003] EAT 1164 – 02 – 3004, [2003] UKEAT 1164 – 02 – 3004, EAT/1164/02 Links: Bailii, Bailii, EAT Jurisdiction: England and Wales Employment Updated: 05 July 2022; Ref: scu.191485
The court considered the case of Glenister and similar and said: ‘I accept the submission that these cases are not in point to the issue as regards future asbestos claims. There is no element of discretion as regards such claims. If the ingredients of the tort of negligence . . are established, the claimants are … Continue reading In re T and N Ltd and Others, Re Insolvency Act 1986: ChD 14 Dec 2005
A policemen sued in defamation. The newspaper pleaded Reynolds qualified privilege. Held: The plea was struck out. There has developed tendency of defendants to plead qualified privilege since the Reynolds decision in ‘rather waffly generalities’, and such defences required close scrutiny.Eady J said: ‘Specifically in the context of the right to jury trial, judgment should … Continue reading Miller v Associated Newspapers Ltd: QBD 11 Nov 2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 7-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses award – Convention proceedingsThe complainant alleged that, having been convicted for acts which only later became a crime, his convention rights had been infringed. He had been accused of … Continue reading Veeber v Estonia (No 2): ECHR 21 Jan 2003
A covenant prevented new building other than for a garage. The owner proposed a three-car garage extension, but with a play-room above, for the applicant’s own use. The relevant property of the objector was not her own house, but consisted of a driveway, and a plot of land on which she hoped to be allowed … Continue reading Skupinski, Re Law of Property Act 1925: LT 30 Nov 2004
LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue – whether claim under Compulsory Purchase Act 1965 s 10 valid – held claimant entitled to compensation for any diminution in rental value. Citations: [2003] EWLands LCA – 30 – 2003, [2004] R and VR 145 … Continue reading Ocean Leisure Ltd v Westminster City Council: LT 31 Dec 2003
The Court considered its own power to intervene in a defamation case to look at the meanings found by the judge hearing the case. The established principles ‘do not, however, prevent this court from intervening in an appropriate case, where it is satisfied that the judge has clearly gone wrong as a matter of approach … Continue reading Patterson v ICN Photonics Ltd: CA 13 Mar 2003
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any animals found. Held: The court did not have the necessary jurisdiction. It had … Continue reading Worcestershire County Council v Tongue and others: ChD 6 Aug 2003
The claimant sought damages for breach of trust against the defendant solicitors, who had acted as trustees under deeds of trust. They claimed for losses incurred by way of penalties for the late payment of capital gains tax. The defendants said that there should be offset the sums earned by the unpaid tax by way … Continue reading Hulbert and Others v Avens and Another: ChD 30 Jan 2003
ECJ Fisheries – Fisheries agreement with Argentina – Community financial aid – Reduction – Actions for annulment – Actions for damages Citations: T-126/01, [2003] EUECJ T-126/01 Links: Bailii Jurisdiction: European Agriculture Updated: 21 June 2022; Ref: scu.213858
ECJ Fisheries – Fisheries agreement with Argentina – Community financial aid – Reduction – Actions for annulment – Actions for damages Judges: K Lenaerts, P Citations: T-119/01, [2003] EUECJ T-119/01 Links: Bailii Jurisdiction: European Agriculture Updated: 21 June 2022; Ref: scu.213857
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation. Held: The court should start by asking what gave rise to the act complained of. In this case it was the sexual orientation of the first claimant. Discrimination for sexual orientation does not come … Continue reading MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003
Peer sought declarations that they were the owners, or licensees, of the UK copyright in musical works composed by Cuban nationals, relying on assignments in writing by the composers and in some instances by their heirs. The defendants claimed under other titles. In Cuba laws had been passed to to recover copyrights assigned abroad. Held: … Continue reading Peer International Corporation Southern Music Publishing Company Inc Peermusic (UK) Limited v Termidor Music Publishers Limited Termidor Musikverlag Gmbh and Co Kg -And-Editoria Musical De Cuba: CA 30 Jul 2003
