The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit. Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined … Continue reading Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977
Lilly appealed against a finding that an Actavis drug had not infringed its patents to the limited extent of holding that there would be indirect infringement in four jurisdictions, but they agreed with the Judge that there would be no direct infringement. The appeal raised the issue of the correct approach under UK law (and … Continue reading Actavis UK Ltd and Others v Eli Lilly and Company: CA 25 Jun 2015
The principles set out in Canada Steamship apply to ‘clauses which purport to exempt one party to a contract from liability’. The principles should be applied without ‘mechanistic construction’.Lord Keith of Kinkel said: The tests were guidelines, but ‘guidelines’ but ‘the matter is essentially one of the ascertaining the intention of the contracting parties from … Continue reading Smith v UMB Chrysler (Scotland) Ltd: HL 9 Nov 1977
ECJ 1. The opinions of the committee on common customs tariff nomen- clature constitute an important means of ensuring the uniform application of the common customs tariff by the customs authorities of the member states and as such they may be considered as a valid aid to the interpretation of the tariff. Nevertheless such opinions … Continue reading Rolf H Dittmeyer v Hauptzollamt Hamburg-Waltershof: ECJ 15 Feb 1977
ECJ 1. Article 177 is based on a distinct separation of functions between national courts and tribunals on the one hand and the court of justice on the other, and it does not give the court jurisdiction to take cognizance of the facts of the case, or to criticize the reasons for the reference. Therefore, … Continue reading Tedeschi v Denkavit Commerciale SRL: ECJ 5 Oct 1977
ECJ 1. Whenever community law has created for the institutions of the community powers within its internal system for the purpose of attaining a specific objective, the community has authority to enter into the international commitments necessary for the attainment of that objective even in the absence of an express provision in that connexion. This … Continue reading Opinion Given Pursuant To Article 228(1) Of The EEC Treaty.: ECJ 26 Apr 1977
(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract. Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a term in a contract which the parties have not thought fit to express. In their … Continue reading BP Refinery (Westernport) Pty Ltd v The Shire of Hastings: PC 1977
The defendant had relied on a non-reliance clause in the special conditions of a tender: ‘Messrs. Lalonde Bros and Parham for themselves, for the vendors or landlord whose agents they are give notice that (a) These particulars are prepared for the convenience of an intending purchaser or tenant and although they are believed to be … Continue reading Cremdean Properties Ltd v Nash: CA 1977
The Union said that it had been recognised by the employers even though there was no written agreement. Held: Phillips J said: ‘Recognition’ plainly, we think, implies agreement – which, of course, involves consent. That is to say, it is a mutual process by which the employers recognise the union, which obviously agrees to be … Continue reading National Union of Taylors and Garment Workers v Charles Ingram and Company Ltd: EAT 1977
A United States’ citizen was subject to a deportation decision which was held not amenable to judicial review on the ground of national security. He appealed. Held: Neither a failure to lay rules before Parliament within the allotted time, nor disapproval by negative resolution invalidates them. There was a need for common fairness. The asylum … Continue reading Regina v Home Secretary, ex parte Hosenball: CA 1977
A carrier who contracts with the sender is the first carrier, even if he does not undertake any stage of the carriage himself.The court noted the sometimes great difficulty in finding consistent interpretations of European Law Citations: [1977] 1 Lloyd’s Rep 346, [1997] 1 WLR 625 Statutes: Convention on the Contract for the International Carriage … Continue reading Ulster-Swift v Taunton Meat Haulage: CA 1977
Europa Convention of 27 September 1968 – exclusive jurisdiction – matters relating to tenancies of immovable property – strict interpretation – business carried on in immovable property rented from a third party by the lessor -agreement to run the business – application of article 16 excluded – dispute as to the existence of such an … Continue reading Theodorus Engelbertus Sanders v Ronald van der Putte: ECJ 14 Dec 1977
The issue raised on this appeal and cross-appeal is whether three products manufactured by Actavis would infringe a patent whose proprietor is Lilly, namely European Patent (UK) No 1 313 508, and its corresponding designations in France, Italy and Spain. Held: Eli Lilly’s appeal succeeded. The Actavis products directly infringed the respondent’s patents. The Court … Continue reading Eli Lilly v Actavis UK Ltd and Others: SC 12 Jul 2017
Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he might be required. Held: The closure of the BBC service … Continue reading Nelson v British Broadcasting Corporation: CA 1977
Intention to Establish Adverse Possession of Land A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner. Held: Slade J said: ‘It will be convenient to begin by restating a few basic principles relating to … Continue reading Powell v McFarlane: ChD 1977
ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of … Continue reading Regina v Pierre Bouchereau: ECJ 27 Oct 1977
The mortgagee sought possession in circumstances in which the mortgagor had allowed a life policy, taken as collateral security, to lapse, but where there had been no default under the mortgage itself. The question arose whether the court could exercise the powers conferred by section 36(2) of the Act in a case where no sums … Continue reading Western Bank Ltd v Schindler: CA 1977
The House considered the application of Orders made under the Counter-Inflation Acts 1972 and 1973 to premises let initially to the Minister of Works and then to the Secretary of State for the Environment for occupation by civil servants. Each of the relevant counter-inflation Orders contained definitions of ‘business tenancy’ and ‘business’. Held: In view … Continue reading Town Investments Ltd v Department of the Environment: HL 2 Mar 1977
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The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The court considered the test for ordering deportation of an EU National after completion of his sentence of imprisonment, applying Bouchereau and Nazari: ‘. . in the case of Escauriaza . . the Court . . concluded, accepting a submission from an amicus experienced in these matters, that EEC law simply mirrored the law and … Continue reading Regina v Spura: 3 Jan 1988
The Appellant had recovered damages for injuries which he alleged had been the result of a failure on the part of the Respondents in their statutory duty to maintain one of the gangways in their works in an efficient state. He slipped on a factory floor which had become flooded in an unusually heavy rain … Continue reading Latimer v AEC Limited: HL 25 Jun 1953
The plaintiff left his car with the defendant garage for repair. Whilst there it was substantially damaged by fire. The defendant sought to rely upon their terms which would negative liability, saying that the terms had been incorporated by implication through the course of dealings between the parties. Held: The appeal succeeded.Stamp LJ said: ‘the … Continue reading Hollier v Rambler Motors (AMC) Ltd: CA 19 Nov 1971
Arcadia chartered the Eurus, and had succeeded in their application for an award in arbitration proceedings against Total. The award had been reversed, and they now appealed against that order. The parties disputed whether the amount was an award of damages or technically a debt. Held: A clause allowing recovery of losses ‘due to failure … Continue reading Total Transport Corporation v Arcadia Petroleum Ltd (‘the Eurus’): CA 18 Nov 1997
There was a tenancy for mixed residential and business purposes and, with the landlord’s permission, the tenant sublet one of the residential flats within the premises to the defendant, who enjoyed protection under the Act of 1977. Held: Sub-tenants in residential occupation of what were mixed residential and commercial tenancies, do have protection and security … Continue reading Wellcome Trust Ltd v Hamad; Ebied and Another v Hopkins and Another; Church Commissioners for England v Baines: CA 30 Jul 1997
The court had allowed an appeal against sentence; but later the same day the defendant was brought back because the court thought that he had not been frank in answering questions about another offence. Held: The court set aside its original judgment and directed a rehearing, at which it was held that there was indeed … Continue reading Regina v Cross (Patrick): CACD 1973
The proprietor of the patent requested a review of Opinion 11/09 which found that its patent was not infringed. The request argued that the opinion wrongly concluded that there was no infringement because it had misunderstood how the alleged infringing product worked. Such an argument is however outside the scope of Rule 98(5)(b) which provides … Continue reading Lundberg Son VVS-Produckter Ae and Zgp Limited (Patent): IPO 5 Mar 2010
The tenant claimed Rent Act protection for his tenancy. He had been rehoused and began his tenancy in 1970 with the ground floor used as a shop, and the first floor as living accomodation. He later abandoned the business use. He appealed a finding that he did not have protection under the 1977 Act. Held: … Continue reading Tan and Another v Sitkowski: CA 1 Feb 2007
IPO (Patent) This decision is concerned with claims to computer programs for carrying out patentable methods; sometimes called ‘program on a carrier’ claims. For many years, such claims have been allowed under the Patents Act. However, following the Aerotel and Macrossan case in the Court of Appeal, the Office issued a practice notice which gave … Continue reading Astron Clinica Limited, Cyan Holdings Plc Surfkitchen Inc, Inrotis Technologies Limited, Software 2000 Ltd: IPO 4 Jul 2007
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015
The court considered the construction of a restrictive covenant after the disappearance of the covenantee. The covenant required no additional building without the consent of the covenantee, such consent not to be unreasonably withheld. The term ‘vendor’ had been defined without including her successors in title. Held: The court considered the construction of the clause … Continue reading Margerison v Bates and Another: ChD 30 May 2008
Leave to apply was pursued under the provisions of a Tomlin order. The parties had disputed the extent to which parts of the order should be exhibited to the court. Held: The Tomlin order should be amended to add terms necessary to give effect to the parties’ intentions. Citations: [2006] EWHC 904 (Ch) Links: Bailii … Continue reading Donington Park Leisure Ltd v Wheatcroft and Son Ltd: ChD 7 Apr 2006
The bank, based in Switzerland sought tax credits for the activities of its London branch. Held: Although the argument under s243 directly failed, the claim under section 788(3) had to succeed. The Swiss company was entitled to the same tax credits as would have been available to a UK corporation. Judges: Etherton J Citations: Times … Continue reading UBS Ag v HM Revenue and Customs: ChD 7 Feb 2006
Eastern Africa – The two defendants, parties to a valid polygamous marriage, appealed against a conviction of conspiracy to obstruct, prevent, pervert or defeat the course of justice by hiding a wall clock they knew was required for the purpose of an inquiry into a criminal offence. Held: The rule that a husband and wife … Continue reading Laila Jhina Mawji and Another v The Queen: PC 4 Dec 1956
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
Lord Cairns said: ‘A reason for the dismissal of an employee is a set of facts known to the employer, or it may be of beliefs held by him, which cause him to dismiss the employee. If at the time of his dismissal the employer gives a reason for it, that is no doubt evidence, … Continue reading Abernethy v Mott Hay and Anderson: CA 1974
Requirements for Enforcing Consumer Loan Agreement The claimant challenged the validity of a loan agreement with his bank as a regulated consumer credit agreement. After default, the lender failed to satisfy a request for a copy of the agreement under section 77. The bank said that though it could not enforce the agreement, it remained … Continue reading McGuffick v The Royal Bank of Scotland Plc: ComC 6 Oct 2009
The defendants had agreed to the return of defective spheres of solder which they had manufactured for the plaintiffs. By mistake, as well as returning the defective solder in one box, the plaintiffs returned twenty-one boxes of capacitors which were as the judge said ‘finished goods which could not, by any stretch of imagination, be … Continue reading AVX v EGM Solders Ltd: QBD 1 Jul 1982
The court looked at how it should construe the Canada Steamship guidelines with regard to an exemption clause absolving one party of responsibility for negligence. There was a express reference to negligence by the words ‘save harmless and keep . . indemnified against all claims or demands whatsoever.’ Held: Buckley LJ said: ‘It is however … Continue reading Gillespie Bros and Co Ltd v Roy Bowles Transport Ltd: CA 1973
A point was raised for the first time on appeal. Held: Though an appellate court could exclude a pure question of law which had not been raised at first instance from being raised on appeal, the usual practice was to allow it to be taken where the other party had had an opportunity of meeting … Continue reading Pittalis v Grant: CA 1989
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately explained. The court could look to parliamentary reports to identify the mischief sought to be rectified, … Continue reading Dunnachie v Kingston Upon Hull City Council: CA 11 Feb 2004
The tenancy was granted as a protected tenancy under the 1977 Act. Before the grant L mentioned, but not in writing, that she might need the flat in the future for a member of her family. She now sought possession for a tenancy for her son. At first instance, the court found in her favour … Continue reading Fernandes v Pavardin: CA 1982
A father entered into a written contract with his daughter by which he transferred to her his car hire business in return for her agreement to pay him a pension and discharge certain expenses. In their discussions it had been agreed between them that these expenses should include the father’s gas, electricity and coal bills … Continue reading Joscelyne v Nissen: CA 1970
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018
The court considered the treatment of losses in a London branch of the non-resident Bank. Had the company been resident it could have set off the losses. It claimed that the refusal was an unlawful discrimination. Judges: Sedley, Arden, Moses LJJ Citations: [2007] EWCA Civ 119 Links: Bailii Statutes: UK-Switzerland Double Taxation Convention of 8 … Continue reading HM Revenue and Customs v UBS Ag: CA 21 Feb 2007
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady. Held: It was highly arguable that a finding that disciplinary proceedings had been commenced … Continue reading Associated Society of Locomotive Engineers and Firemen v Brady: EAT 31 Mar 2006
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the rules of good husbandry and personally to reside in the farmhouses. They … Continue reading National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 1997
The defendant bank arrested a ship carrying the claimant’s load of bananas. The cargo deteriorated while under arrest and was lost. It was not insured. The consignee sought damages from the arresting bank on the ground that it wrongfully interfered with the performance of the bill of lading contracts. Held: The applicable law was that … Continue reading Anton Durbeck Gmbh v Den Norske Bank Asa: ComC 11 Nov 2005
The Court considered a recommendation for the deportation of an Algerian national after the completion of his sentence. Held: Rix LJ referred to both the Nazari and the Bouchereau tests, and said: ‘The Appellant is not of course an EU national, but we refer to Bouchereau because English authority (see below) has said that the … Continue reading Benabbas, Regina v: CACD 12 Aug 2005
For all practical purposes the tests for deportation of an EU national after completion of a sentence of imprisonment are the same in Nazari and Bouchereau: ‘Thus under EEC Law a valid recommendation for deportation can only be made if at least two conditions are fulfilled: first, that there exists a genuine and sufficiently serious … Continue reading Regina v Escauriaza: CACD 2 Jan 1988
The court looked at the inference that a statute’s draughtsman could be assumed when using a phrase to rely on a known interpretation of that phrase.Viscount Buckmaster said: ‘It has long been a well established principle to be applied in the consideration of Acts of Parliament that where a word of doubtful meaning has received … Continue reading Barras v Aberdeen Steam Trawling and Fishing Co: HL 17 Mar 1933
The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976
Conviction withoiut required Consent was Unsafe Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained. Held: The appellant’s arguments were well-founded and his conviction on count 5 could not be regarded as safe: ‘as a matter of … Continue reading Lalchan, Regina v: CACD 27 May 2022
Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide dunnage, failure to secure the coils and/or stacking them so that the bottom layers were excessively compressed. The House was asked to depart from an interpretation of the rules which had stood and been applied for more … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (“The Jordan II”): HL 25 Nov 2004
Proceedings had been brought by a third party in which the patent had been revoked. The Defendant in the first proceedings now sought release from an enquiry as to damages after being found, before the revocation, to have infringed the patent. Held: (Lord Justice Neuberger dissenting) The defendant was bound by the order for an … Continue reading Coflexip S A and Another v Stolt Offshore Ms Ltd and others: CA 27 Feb 2004
The appellant had contracted to purchase maintenance from the defendant of aircraft it had also purchased from them. They sought damages for negligence, saying the defendants had failed to prevent a known risk of corrosion. The defendants argued that its contract excluded liability, and under the Act, that clause was not subjected to a test … Continue reading Amiri Flight Authority v BAE Systems Plc: CA 17 Oct 2003
A lease of a freight shed exonerated the lessor from ‘any claim . . for . . damage . . to . . Goods . . being . . in the said shed’ and requiring the lessee to indemnify the lessor ‘from and against all claims’. The negligent use of an oxy-acetylene torch by an … Continue reading Canada Steamship Lines Ltd v The King: PC 21 Jan 1952
The appellants operated a system of placing their vending machines in clubs for the sale of cigarettes. They took as consideration a share of the profits of the cigarettes sold, and, in return, maintained the machines. They claimed that the machines were not placed pursuant to a licence to occupy land, a licence of immovable … Continue reading Commissioners of Customs and Excise v Sinclair Collis Limited: HL 7 Jun 2001
The Society had taken possession of a property in 1989. It located the defendants many years later and sought payment of the excess after deduction of the proceeds of sale, and for interest. The borrowers claimed the debt was expired by limitation under s20. The Society said that the debt was a judgment debt which … Continue reading West Bromwich Building Society v Wilkinson: HL 30 Jun 2005
(Saint Vincent and The Grenadines) A writ was issued, but little progress was made. The respondent applied for a declaration that the action had been abandoned and was incapable of being revived. Held: The provision was one local to the home country. It was to be interpreted broadly, but words may only be implied in … Continue reading Lewis v Henry St Hillaire and others: PC 22 May 1996
The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the respondent had failed to take account of the length of time … Continue reading B v Secretary of State for Home Department: CA 18 May 2000
The claimant held patents in respect of certain CD cassette boxes. It alleged infringement. Robert Walker LJ considered the meaning of ‘makes’ in the context of such proceedings. First, the word ‘makes’ must be given a meaning which, as a matter of ordinary language, it can reasonably bear. Secondly, it is not a term of … Continue reading Cartonneries De Thulin SA v CTP White Knight Ltd: CA 25 May 2000
The court was asked whether a clause in a share sale agreement setting out the payment obligation worked to preclude the purchaser from exercising a right of set-off when the time comes to pay a later instalment of the price. Held: The appeal was dismissed. The right of set-off had effectively been excluded. ‘The meaning … Continue reading BOC Group Plc v Centeon Llc and Centeon Bio-Services Inc: CA 29 Apr 1999
Premises on a racecourse were let to the defendants in part as a public house, and to occupy the other part themselves. The court was asked whether this was a letting of ‘a house or a part of a house let as a separate dwelling . . and every such house or part of a … Continue reading Epsom Grand Stand Association Ltd v Clarke: CA 1919
The respondent had made an order with regard to the calculation of fair rents. The claimant challenged the order. Held: There were social and economic arguments, and a very difficult balancing exercise had to be carried out in the light of the judgments that the Secretary of State made as to the effects, on the … Continue reading Ex parte Motion Spath Holme Limited: Admn 16 Mar 1999
The defendant company sought to rely upon an exemption clause. Held: Applying standard rules for contract interpretation, the exemption clause was to be construed against the one proposing it. At best the clause was ambiguous, and the defendants claim for exemption failed. The clause did not satisfy the first two tests set down in the … Continue reading Stent Foundations Ltd v M J Gleeson Group Plc: TCC 9 Aug 2000
The House considered whether a sub-tenant could claim protection under the 1968 Act. This depended on the interpretation of the word ‘premises’ in the context of a sub-tenancy of a cottage on a farm let under an agricultural tenancy. Held: (majority) ‘premises’ in section 18(5) include any premises which, as a matter of fact, applying … Continue reading Maunsell v Olins: HL 1975
The tenant had, in the tenancy agreement itself, purported to contract ‘not in any event to serve a counter-notice under Section 24(1)’ of the 1948 Act. Held: A head tenant under an agricultural tenancy has the right to challenge any notice to quit by serving a counter-notice, and any agreement purporting to exclude or curtail … Continue reading Johnson v Moreton: HL 1980
The applicant claimed unfair dismissal. The employer replied that the employee had resigned. Held: The employer’s appeal was dismissed. The resignation had taken place in a heated moment, and it was not conclusive. An employer may not be able to rely upon a resignation made by an employee which had obviously been made in the … Continue reading Kwik-Fit (GB) Ltd v Lineham: EAT 5 Feb 1992
The tenant took a lease for under 7 years, accepting repairing and other obligations. The question was how those obligations fitted the landlord’s implied obligations under section 32, and the effect of the section on decorating covenants. The landlord argued that the decoration was not repair, that the statutory implied obligations were to be subtracted … Continue reading Irvine v Moran: 1991
In a claim for infringement of a patent, where variations on a patent were to be considered, the court should look to the three tests set down in Improver (‘the Protocal questions’), and the claim should be interpreted in a purposive and contextual way. The court should ask if the variation was material, would the … Continue reading Wheatley, Bortec Limited v Drillsafe Limited, Force Group Services Plc, Foster, Foster, Carter, Davies: CA 25 Jul 2000
A woman school technician was subjected to a campaign of sexual harassment by two fellow male non-managerial technicians. She sought a transfer. Held: The real question was whether the sexual harassment was to the detriment of the applicant within section 6(2)(b). The claim of sex discrimination succeeded.Lord McDonald said: ‘It was argued on behalf of … Continue reading Porcelli v Strathclyde Regional Council: EAT 1985
The carrier who contracts with the sender is the first carrier, even if he does not undertake any stage of the carriage himself. Judges: Donaldson J Citations: [1975] 2 Lloyd’s Rep 502 Statutes: Convention on the Contract for the International Carriage of Goods by Road 31.1 Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Ulster-Swift v Taunton Meat Haulage: 1975
The claimant sought to bring a claim against the administrators of a partnership alleging a duty of care to creditors. Held: Such an administrator owed no greater duty to creditors than would a director. That duty was no different whether the duty was also a fiduciary duty or one at common law. His position was … Continue reading Oldham and others v Georgina Kyrris and Another: CA 4 Nov 2003
The defendant had when at the police station refused to leave his cell to attend for interview. At trial, the judge said that the jury could take account of this as a failure to mention when questioned, something which he now wished to rely upon. Held: No questioning had taken place, and the inference could … Continue reading Regina v Johnson; Regina v Hind: CACD 11 Apr 2005
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
Kerr LJ summarised the aim of the Directives underlying the 1977 Regulations as being to achieve a uniform classification of non-life insurance businesses and of insured risks for the purposes of the supervision of insurers with a view to ensuring their solvency and proper administration. He continued: ‘The wording of the Regulations appears to me … Continue reading Phoenix General Insurance Co of Greece SA v Halvanon Insurance Co Ltd: CA 1987
DONALDSON LJ: Mr. Phillips appeals by case stated against his conviction and a fine of andpound;5 imposed by Mr Loy, the Leeds Stipendiary Magistrates, in September 1978 for failure to comply with a School Attendance Order. It is not the conviction or the fine which irks Mr. Phillips. His irritation, and perhaps even anger, is … Continue reading Phillips v Brown: QBD 20 Jun 1980
The employees were sewing machinists employed in the employers’ upholstery factory. Because of a downturn in work, the employers decided to transfer them to their bedding factory, which was very nearby. The work at the bedding factory would be less skilled but was essentially of the same character. The intention was that the transfer would … Continue reading Millbrook Furnishing Industries Ltd v McIntosh: EAT 1981
A woman had been dismissed from employment for deliberate misconduct and had lost her tied accommodation. The council concluded that she had become intentionally homeless because she must have known that the consequence of her misconduct could be dismissal and the inevitable loss of her tied accommodation. Held: The council’s approach was correct. What is … Continue reading Regina v Thanet District Council, ex parte Reeve: QBD 1981
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected ( res iudicata ); Violation of Art. 5-1 (placement in private clinic from 1977 to 1979); No separate issue under Arts. 5-4 and 5-5; No violation of Art. 5 (stay in private clinic in 1981); Violation of Art. 8 (placement in private clinic from 1977 … Continue reading Storck v Germany: ECHR 16 Jun 2005
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was argued that a term was to be implied requiring resignation of a director when … Continue reading Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009
The buyer bought 30lbs of cabbage seed, but the seed was not correct, and the crop was worthless. The seed cost pounds 192, but the farmer lost pounds 61,000. The seed supplier appealed the award of the larger amount and interest, saying that their contract limited their liability to the cost of the seed. Held: … Continue reading George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd: CA 29 Sep 1982
The court was asked as to the interpretation of the phrase ‘deals . . On the other’s written standard terms of business’. Judges: Longmore, Henderson LJJ Citations: [2017] EWCA Civ 845 Links: Bailii Statutes: Unfair Contract Terms Act 1977 3 Jurisdiction: England and Wales Contract, Consumer Updated: 27 March 2022; Ref: scu.588315
The plaintiff had obtained a worldwide Mareva injunction, giving an undertaking for damages. On its discharge, the defendants sought to make a counterclaim. The defendant company and its subsidiaries sought to counterclaim for their damages suffered as a result of the injunction. The Irish court had ordered an enquiry as to the damages. The counterclaim … Continue reading Balkanbank v Naser Taher and Others: QBD 13 Feb 1995
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
The applicant had devised a new and better algorithm for finding square roots. Having embodied the method in a read only chip which could be installed within a computer which could then apply the algorithm, he sought to patent it. Held: Allowing the appeal and finding that it was not patentable the court found the … Continue reading Gale’s Application: CA 1991
The claimant sought damages from the first defendant for breach of copyright. An ex parte search order had been executed, with the defendant asserting his privilege against self-incrimination. As computer disks were examined, potentially unlawful images of children were found. The searching officer asked the court for directions as to what to do. Held: The … Continue reading C Plc and W v P and Secretary of State for the Home Office and the Attorney General: ChD 26 May 2006
Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
The parties contracted for the sale of land for development. The contract allowed for the costs of environmental remediation, but disputed the true figure set by the eventual builder and retained. The court now heard argument about whether the sum retained by the sub-purchaser was held on trust for the claimant under the terms of … Continue reading Davies and Others v Jones and Another: CA 9 Nov 2009
The defendant challenged a decision that the English court had jurisdiction to hear a claim in contract saying that the appropriate court was in Cyprus. The cargo was taken by ship from Liverpool to Limassol. An English court would only have jurisdiction of the cargo was ‘delivered’ in England. Held: The cargo was delivered on … Continue reading Scottish and Newcastle International Limited v Othon Ghalanos Ltd: HL 20 Feb 2008
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983
The fob contract has become a flexible instrument and it does not necessarily follow that the buyer is an original party to the contract of carriage. The effect of article III, r. 2 of the Hague-Visby Rules was not to override freedom of contract to reallocate responsibility for the functions described in that rule: ‘The … Continue reading Pyrene Co Ltd v Scindia Navigation Co Ltd: QBD 1954
The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a conditional release. He said that that was discriminatory. Held: (Lord Hughes dissenting) The appeal failed. The … Continue reading Secretary of State for Justice v MM: SC 28 Nov 2018
The CACD heard several appeals together, giving guidance as to the general principles to be applied in deciding on recommendations for deportation under the Act. Lawton LJ said that ‘no court should make an order recommending deportation without making full enquiry into all the circumstances’, and gave guidance, according to the seriousness of the offence … Continue reading Regina v Nazari: CACD 1980
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
