(Court of Appeal of Alberta) The court set out a number of propositions as to the intention required for inducing a breach of contract. These included inferred intention and recklessness. The Court of Appeal held as follows: ‘In order to find liability [for inference with contractual relations], a plaintiff must demonstrate that the defendant had … Continue reading 369413 Alberta Ltd v Pocklington: 21 Nov 2000
ECJ (opinion) External relations – Coordination of social security systems – Envisaged agreement on the amendment of Annex VI (Social Security) and Protocol 37 to the EEA Agreement – Extension of the system under Regulation (EC) No 883/2004 to the European Economic Area – Council Decision 2011/407/EU on the position to be taken by the … Continue reading United Kingdom of Great Britain and Northern Ireland v Council of The European Union C-431/11: ECJ 21 Mar 2013
ECJ Opinion – Appeal – Agreements, decisions and concerted practices – European market in copper and copper alloy fittings – Article 81 EC and Article 53 of the EEA Agreement – Fixing prices, discounts and rebates, introduction of mechanisms for coordinating price increases, allocating customers and exchanging commercial information – Concept of undertaking – Single, … Continue reading European Commission v Aalberts Industries Nv: ECJ 28 Feb 2013
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Rights of the defence – Proof of the infringement – Single and continuous infringement – Fines – Gravity and duration of … Continue reading Toshiba v Commission (Competition): ECFI 12 Jul 2011
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Rights of the defence – Proof of the infringement – Duration of the infringement – Fines – Starting amount – Reference … Continue reading Mitsubishi Electric v Commission: ECFI 12 Jul 2011
ECFI Competition – Agreements, decisions and concerted practices – Market in gas insulated switchgear projects – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Market-sharing – Proof of the infringement – Whether liable for the infringement – Duration of the infringement – Fines – Mitigating circumstances – … Continue reading Fuji Electric v Commission: ECFI 12 Jul 2011
ECJ Competition – Agreements, decisions and concerted practices – World market in aluminium fluoride – Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement – Action for annulment – Period allowed for commencing proceedings – Out of time – Inadmissibility – Price-fixing and market-sharing – Evidence of the infringement … Continue reading Fluorsid Spa v European Commission: ECFI 18 Jun 2013
ECJ (Competition) Appeal – Cartels – European monochloroacetic acid – Rules relating to the accountability of anticompetitive practices of a subsidiary to its parent – the presumption of innocence and personality of penalties – Defence rights – Duty motivation. Citations: C-521/09, [2011] EUECJ C-521/09 Links: Bailii Jurisdiction: European Cited by: See Also – Elf Aquitaine … Continue reading Elf Aquitaine v Commission: ECJ 17 Feb 2011
Taxation of costs Citations: [2013] EUECJ C-521/09 Links: Bailii Jurisdiction: European Citing: See Also – Elf Aquitaine v Commission ECJ 17-Feb-2011 ECJ (Competition) Appeal – Cartels – European monochloroacetic acid – Rules relating to the accountability of anticompetitive practices of a subsidiary to its parent – the presumption of innocence and personality . . See … Continue reading Elf Aquitaine v Commission: ECJ 1 Oct 2013
ECJ Appeal – Agreements, decisions and concerted practices – Articles 81 EC and 53 of the EEA Agreement – Monochloroacetic acid market – Rules on the imputability of anti-competitive practices by a subsidiary to its parent company – Presumption of the effective exercise of a determining influence – Rights of the defense – Obligation to … Continue reading Elf Aquitaine v Commission: ECJ 29 Sep 2011
ECJ Judgment – References for a preliminary ruling – Regional support scheme providing for the issuance of tradable green certificates for facilities situated in the region concerned producing electricity from renewable energy sources – Obligation for electricity suppliers to surrender annually to the competent authority a certain quota of certificates – Refusal to take account … Continue reading Essent Belgium v Vlaamse Reguleringsinstantie voor de Elektriciteits – en Gasmarkt: ECJ 11 Sep 2014
ECJ Competition – Agreements, decisions and concerted practices – Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Coordination of price increases and exchange of sensitive business information – Attributability of unlawful conduct … Continue reading Laufen Austria Ag v European Commission: ECFI 16 Sep 2013
The claimants alleged professional negligence in advice given by the defendant on a share purchase, saying that it should have been structured to reduce Capital Gains Tax. The defendants denied negligence and said the claim was statute barred. Held: The defence in fact was that the claimant had both brought the claim too early because … Continue reading Pegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another: ChD 11 Nov 2008
ECHR Article 7-1 Nullum crimen sine lege Interpretation of offence of tax evasion derived by reference to other areas of law: no violation Article 6 Civil proceedingsCriminal proceedings Article 6-1 Impartial tribunalIndependent tribunalAlleged lack of impartiality of trial judge who had already taken procedural decisions adverse to defence and had sat in trial of co-accused: … Continue reading Khodorkovskiy and Lebedev v Russia: ECHR 25 Jul 2013
ECJ Judgment – Failure of a Member State to fulfil obligations – Freedom of establishment – Free movement of capital – Articles 49 TFEU and 63 TFEU – Articles 31 and 40 of the EEA Agreement – National tax legislation – Attribution of gains to participators in close companies – Different treatment of resident and … Continue reading Commission v United Kingdom: ECJ 13 Nov 2014
ECJ Appeals – Competition – Agreements, decisions and concerted practices – Article 81 EC and Article 53 of the EEA Agreement – International removal services market in Belgium – Direct and indirect price-fixing, market-sharing and manipulation of the procedures for the submission of tenders – Single and continuous infringement – Imputability – Guidelines on the … Continue reading Team Relocations Nv v European Commission: ECJ 11 Jul 2013
The plaintiffs claimed damages for patent infringement. Some of the lost profits for which the plaintiff company claimed damages were suffered by subsidiary companies in which it held all the shares. Held: When a shareholder has a cause of action but his company has none, he can recover damages measured by the reduction in value … Continue reading Gerber Garment Technology Inc v Lectra Systems Limited Lectra Systemes SA: CA 18 Dec 1996
The landowner appealed against the compensation awarded for the compulsory acquisition of his land for use as a road. The owners had been compensated only for its agricultural value, but said that it should have allowed for its value for minerals extraction. Held: The appeal failed. Carnwath LJ said: ‘The planning assumptions in the 1961 … Continue reading Roberts and Another v South Gloucestershire Council: CA 7 Nov 2002
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was negligently fired by the gun … Continue reading Mulcahy v Ministry of Defence: CA 21 Feb 1996
ECJ Direct taxation – Freedom of establishment – Free movement of capital – EEA Agreement – Articles 31 and 40 – Directive 2009/133/EC – Scope – Exchange of shares between a company established in a Member State and a company established in a third State party to the EEA Agreement – Refusal of a tax … Continue reading Veronsaajien oikeudenvalvontayksikko v A Oy: ECJ 19 Jul 2012
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017
The Ocean Victory went aground in a storm in Kashima port. The court was now asked (i) what, as a matter of law, was the correct test for an abnormal occurrence; (ii) in particular, was the judge correct to hold that the combination of two weather conditions on the casualty date (namely the phenomenon of … Continue reading Gard Marine and Energy Ltd v China National Chartering Co Ltd: CA 22 Jan 2015
W sought to plead as a Barder event the fact that certain shares had subsequently been sold by H at a substantially higher value than had been anticipated on the making of the financial relief order on the parties’ divorce. Alternatively, she argued, the case as being one of mistake. She sought to have re-opened … Continue reading Walkden v Walkden: CA 25 Jun 2009
The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner. Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was precisely the same as that which would have been paid to a heterosexual man. There was … Continue reading Walker v Innospec Ltd and Others: SC 12 Jul 2017
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
Joint Enterprise Murder (and in Privy Council) The two defendants appealed against their convictions (one in Jamaica) for murder, under the law of joint enterprise. Each had been an accessory when their accomplice killed a victim with a knife. The judge in Jogee had directed the jury that he would be guilty of murder as … Continue reading Jogee and Ruddock (Jamaica) v The Queen: SC 18 Feb 2016
A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that diesel flowed into the drum until … Continue reading Empress Car Company (Abertillery) Ltd v National Rivers Authority: HL 22 Jan 1998
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003
Bank not to recover more than its losses The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to be secured by … Continue reading AIB Group (UK) Plc v Mark Redler and Co Solicitors: SC 5 Nov 2014
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and received a copy of the report, and relying on it, had bought the house. … Continue reading Smith v Eric S Bush, a firm etc: HL 20 Apr 1989
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was anti-competitive, and that the individual exemption from the EC Treaty obligations which … Continue reading Crehan v Inntrepreneur Pub Company (CPC): CA 21 May 2004
Strike out – Realistic Not Fanciful Chance Needed The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear words. The judge … Continue reading Swain v Hillman: CA 21 Oct 1999
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
Judgment – Competition – Agreements, decisions and concerted practices – Global market for cathode ray tubes for television sets and computer monitors – Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Agreements and concerted practices on pricing, market sharing, capacity and production – Single and continuous infringement … Continue reading LG Electronics v Commission: ECFI 9 Sep 2015
An order for ancillary relief had been made by consent. Later the House of Lords issued a judgment which changed the law which had been the basis of the decision to accept the settlement. The wife now sought to set aside the consent order, and appealed refusal to allow this. Held: The four tests in … Continue reading S v S (Ancillary Relief: Consent Order): FD 4 Mar 2002
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
ECJ (Judgment) Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU and Article 53 of the EEA Agreement – Worldwide market for liquid crystal display (LCD) panels – Price-fixing – Fines – Guidelines on the method of setting fines (2006) – Point 13 – Determination of value of sales – Joint … Continue reading LG Display And LG Display Taiwan v Commission: ECJ 23 Apr 2015
ECJ Judgment – Failure of a Member State to fulfil obligations – Tax legislation -Deferral of taxation of capital gains realised on the sale of certain capital assets – Recovery of the tax – Freedom of establishment – Article 49 TFEU – Article 31 of the EEA Agreement – Difference in treatment between permanent establishments … Continue reading Commission v Germany: ECJ 16 Apr 2015
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose from risks which it was no part of … Continue reading BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel): SC 22 Mar 2017
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
A surveyor’s negligent valuation had led to the plaintiff obtaining what turned out to be inadequate security for his loan. A cause of action against a valuer for his negligent valuation arises when a relevant and measurable loss is first recorded. Earlier decisions of the house had settled the liability for damages and the amount … Continue reading Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2): HL 27 Nov 1997
The plaintiff company had contracted to make and export to the defendant an aluminium extrusion press. The defendant re-assured the plaintiff that it would be lawful for him to import the plant, but asked that the plant be described falsely on the invoice as ‘parts for rolling mill’. Payment was made by promissory notes. After … Continue reading Fielding and Platt Ltd v Selim Najjar: CA 17 Jan 1969
Judge Wrong to Accept Appeal of Fact The charterers had sought to appeal the arbitrators’ findings on foreseeability and remoteness. The judge had set aside the arbitration award. Though he certified that a point of law existed which was of general public importance, he had refused leave to appeal. Held: The court granted leave. The … Continue reading Geogas SA v Trammo Gas Ltd (The Baleares): CA 26 Nov 1990
ECJ (Judgment) Failure of a Member State to fulfil obligations – Article 49 TFEU – Article 31 of the EEA Agreement – Corporation tax – Groups of companies – Group relief – Transfer of losses sustained by a non-resident subsidiary – Conditions – Date to be used for determining whether the losses of the non-resident … Continue reading Commission v United Kingdom: ECJ 3 Feb 2015
Misfeasance in Public Office – Recklessness The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI. Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also where he acted with knowledge of, or … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, and that the ship was fit to charter. Held: ‘authority over many decades and reason support the … Continue reading Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd: CA 20 Dec 1961
Loss of agent’s share for breach within LLP The court was asked whether the principle that a fiduciary (in particular, an agent) who acts in breach of his fiduciary duties can lose his right to remuneration, is capable of applying to profit share of a partner in a partnership or a member of a limited … Continue reading Hosking v Marathon Asset Management Llp: ChD 5 Oct 2016
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act could become criminal. The prosecutor appealed the decision of … Continue reading Regina v Johnstone: HL 22 May 2003
Fairness on Division of Family Capital The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital. Held: The 1973 Act gives only limited guidance on … Continue reading Miller v Miller; McFarlane v McFarlane: HL 24 May 2006
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
ECJ (Opinion) Appeal – Competition – Agreements, decisions and concerted practices – Article 81(1) EC and Article 53(1) EEA – Concept of an undertaking – Imputation of the infringement of the cartel rules by a trading company to a foundation which controls, directly or indirectly, all of the shares in that company, but is not … Continue reading European Commission v Stichting Administratiekantoor Portielje And Gosselin Group Nv: ECJ 29 Nov 2012
No appeal on facts from award The defendant ship owners sought to strike out the claimant’s appeal against an arbitration award to the extent that that appeal consisted of an appeal against the factual findings. The claimant argued that the parties had agreed that such an appeal would be possible, and that they had been … Continue reading Guangzhou Dockyards Co Ltd v Ene Aegiali I: ComC 5 Nov 2010
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006
(Grand Chamber) A Cambodian vessel, The Winner, trafficked drugs on the high seas (Cape Verde). It was detected and boarded by the French authorities, detaining the crew on board and took them on the vessel to France for trial. France was, but Cambodia was not, party to the relevant international drug trafficking conventions, which did … Continue reading Medvedyev And Others v France: ECHR 29 Mar 2010
The appellant solicitor acted in a land transaction. The land was mortgaged to the respondent bank. She wrote to the bank stating her client’s intention to repay the whole loan. The letter was negligently mistaken and the bankers allowed the . .
This is a continuation of the list of significant recent cases on our front page. As a most recent case pushes its way to the top, the last on teh front page falls into here. Newest significant cases.
ECJ Judgment – Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Article 53 of the EEA Agreement – Worldwide market for liquid crystal display (LCD) panels – Price-fixing – . .
