The Plaintiff owned a house bounded on the west and north by public highways. There were a number of post-adoption trees of which the Plaintiff claimed the property. Having refused to comply with the Defendant’s notice to remove the trees on the ground that they were dangerous and obstructive to traffic, and the Defendants as … Continue reading Stillwell v New Windsor Corporation: 1932
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
Allegation of infringement of patent for airline seats. The claimant sought to challenge the grant of a European Patent. Held: Virgin’s appeal was dismissed. England had surrendered jurisdiction to review or investigate the decision of European Patent Office (EPO) to register a patent Patten, Black, Kitchin LJJ [2013] EWCA Civ 1713, [2013] WLR (D) 511, … Continue reading Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and Others: CA 20 Dec 2013
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Laws pointed out that the law on dedication of had moved forward, saying: ‘Taking the passage cited from Scott LJ in Jones v Bates as a full and convenient description of the common law, it seemed that the material change effected by the statute of 1932 (and carried through to the Act of 1980) did … Continue reading Jaques v Secretary of State for the Environment: 1995
N objected to the reclassification of a public footpath over his farm as a byway open to all traffic, saying that there had been insufficient evidence to establish a dedication at common law. Held: N’s appeal failed. ‘A track can become a highway by reason of the dedication of the right of passage to the … Continue reading Regina v Nicholson and Another, Secretary of State for Environment and others: Admn 20 Dec 1996
The public used a path across the appellant’s land from 1914 to 1940. From 1940 to 1947 the land was requisitioned and there was no evidence of public user. Prior to 1914 and again in 1948 the public right to use the path was questioned by the padlocking of a gate and by the erection … Continue reading De Rothschild v Buckinghamshire County Council: KBD 1957
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those using the rights asserted beyond that the use is as … Continue reading Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999
The 1932 Act did not apply to public rights of navigation over a river. Vinelott J said: ‘ I do not think that any ordinary educated user of the English language would regard a right of navigation as a right of way over land . .’ The extended definition of land in the Act is … Continue reading Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton: ChD 1990
The river Derwent passed through land. Before steps could be taken to re-open the river to public navigation, the court had to decide what rights of way existed over it. Held: The 1932 Act did apply, and public rights of way applied, but no public rights had been created in this particular case. Several cases … Continue reading Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton: CA 1991
The appellants owned land through which flowed the river Derwent. Attempts were to be made to restore the river to navigability. The appellants denied that any public rights existed over the river. Held: The 1932 Act could only give rise to a right of way over a feature of the land; this could not include … Continue reading Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton: HL 5 Dec 1991
The landowner denied that a public right of way had been created over his land. Under the 1932 Act, 20 years user expiring at any time, even before the Act came into force, was capable of giving rise to a deemed dedication of a public highway under it and a period of user ending in … Continue reading Fairey v Southampton City Council: CA 1956
The public right of navigation (PRN) is a right to public use of the river. The river may be used by the public for purposes of exercise and recreation as well as transport and commerce. At common law PRN cannot be lost by lack of use over time. ‘A public right of way on highways … Continue reading Wills Trustees v Cairngorm Canoeing and Sailing School: HL 1976
The court considered whether a pathway had become a public highway. Held: ‘The main question for the Court is whether sufficiency of evidence of an intention not to dedicate necessary to satisfy the proviso requires, as a matter of law, that during the relevant 20 year period the landowner should not only prove that negative … Continue reading Godmanchester Town Council, Regina (on the Application Of) v Secretary of State for the Environment Food and Rural Affairs: CA 19 Dec 2005
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973
S.2 of the Acquisition of Land (Assessment of Compensation) Act 1919 provided for the assessment of compensation in respect of land acquired compulsorily for public purposes according to certain rules. Then by s.7(1): ‘The provisions of the Act or order by which the land is authorised to be acquired, or of any Act incorporated therewith, … Continue reading Ellen Street Estates Limited v Minister for Health: CA 1934
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
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
The defendant complained that the judge had given a direction under s34 even though his counsel had only put matters to witnesses for the prosecution. Held: A positive suggestion put to a witness by or on behalf of a defendant may amount to a fact relied on in his defence for the purpose of section … Continue reading Regina v Webber: HL 22 Jan 2004
The plaintiff had constructed and used two jetties, and dredged a channel down to the Thames for their use. The Council constructed two terminals nearby, the result of which was to cause a build up of silt blocking the channel. Held: The riparian owners had no right to insist upon any particular water depth. Their … Continue reading Tate and Lyle Industries Ltd v Greater London Council: HL 24 Mar 1983
The applicant sought damages from the defendant who had released from custody pending deportation a man convicted of violent sexual crimes and who had then raped her. She appealed against a strike out of her claim. She had been refused information about the decision to release the offender because it was anticipated that her claim … Continue reading K v the Secretary of State for the Home Department: CA 31 May 2002
The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to him, arguing that it had been stolen and that that … Continue reading Costello v Chief Constable of Derbyshire Constabulary: CA 22 Mar 2001
A deed granting access to a common in accordance with the section included access by horseback as well as by foot. The court upheld the Inspector’s decision that the 20-year user of the land relied upon by the applicant for the modification was not ‘as of right’ because a revocable deed by the landowner’s predecessor … Continue reading Regina v Secretary of State for Environment ex parte Billson: Admn 16 Feb 1998
A right of public navigation includes the necessary incidents of such passage including the right to drop an anchor. In principle it is possible to acquire title to part of the bed of a tidal river or to the foreshore through the occupation of a vessel which, at least for some of the time, floats … Continue reading Denaby and Cadeby Main Collieries v Anson: 1911
The channel of a public navigable river is a King’s highway. Judges: Lord Denman CJ Citations: [1838] 8 Ad and E 314 Cited by: Cited – Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton HL 5-Dec-1991 The appellants owned land through which flowed the river Derwent. Attempts were to be made to restore the … Continue reading Williams v Wilcox: 1838
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The analogy between public rights of navigation and public rights of way over land is not complete. Judges: Farwell J Citations: [1901] 2 Ch 671 Cited by: Cited – Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton HL 5-Dec-1991 The appellants owned land through which flowed the river Derwent. Attempts were to be made … Continue reading Simpson v Attorney General: 1901
Where land is dedicated as a public street, what is dedicated is the soil of the way itself and the subjacent soil to the extent necessary for its maintenance. Judges: Eve J Citations: [1913] 1 Ch 118 Cited by: Cited – Attorney-General (ex relatione Yorkshire Derwent Trust Ltd) v Brotherton HL 5-Dec-1991 The appellants owned … Continue reading Schweder v Worthing Gas Light and Coke Co (No. 2): 1913
The House relied upon analogies to compare public rights of navigation over watercourses and rights of way over land, but recognised the differences in language which would be used and the incidents of the rights. Judges: Lord Blackburn, Lord Hatherley Citations: (1877) 2 App Cas 839 Jurisdiction: England and Wales Cited by: Cited – Attorney-General … Continue reading Orr Ewing v Colquhoun: HL 1877
Lord Lindley said: ‘the doctrine once a highway always a highway is, I believe, applicable to rivers as to roads’ Judges: Lord Lindley Citations: [1904] AC 476 Jurisdiction: England and Wales Cited by: Cited – Rowland v The Environment Agency ChD 19-Dec-2002 Public rights of Navigation have since time immemorial at common law existed over … Continue reading Simpson v Attorney General: HL 1904
Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater. Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is natural or man-made (the ‘hazard’ being an unstable mound of earth which was present on … Continue reading Leakey v The National Trust for Places of Historic Interest or Natural Beauty: CA 31 Jul 1979
A trust of land for its use for the purposes of public recreation such as playing fields, parks, and gymnasiums, is charitable. Clauson J construed the late Mr Hadden’s will as establishing a trust for the supply of healthy recreation carried on mainly or chiefly in the open air and, in particular, by means of … Continue reading Re Hadden: ChD 1931
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements. Held: A landlord’s duty to allow quiet enjoyment does not extend to a positive duty to require an improvement in the sound-proofing of a building, well beyond standards which … Continue reading Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council: HL 21 Oct 1999
A Local Authority is liable for any damage to adjacent property caused by the roots of a tree growing on the verge of a public highway. Held: Pre-adoption trees vest in the highway authority for all purposes. Stuart-Smith, Morritt L, Sir John Balcombe Times 26-Jun-1997, [1997] EWCA Civ 1901, (1997) 96 LGR 27 Bailii Highways … Continue reading Hurst and Another v Hampshire County Council: CA 19 Jun 1997
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
A motorist was convicted of an offence of driving a vehicle on a road without due care and attention contrary to section 3 of the 1960 Act. The question for the High Court was whether the road was a road to which the public had access. The road, a private road, provided a link between … Continue reading Cheyne v MacNeill: HCJ 1973
The court considered the contnuation of public rights of way against the new system of the ending of certain unrecorded rights. Held: he appeal failed. ‘As a matter of plain language, section 67(2)(b) does not, in our judgment, require the list to be fully compliant with section 36(6). The requirement to which it refers is … Continue reading Fortune and Others v Wiltshire Council and Another: CA 20 Mar 2012
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed possession, and succeeded, even though she had sought to withdraw her … Continue reading Hammersmith and Fulham London Borough Council v Monk: HL 5 Dec 1991
Nature of Confidentiality in Information The appellant plaintiff company had employed the defendant as sales manager. The contract of employment made no provision restricting use of confidential information. He left to set up in competition. The company now sought to prevent him using confidential information for this purpose. Held: The information and the advantage flowing … Continue reading Faccenda Chicken Ltd v Fowler: CA 1986
Complex financial instruments insured the indebtedness of Lehman Brothers. On that company’s insolvency a claim was made. It was said that provisions in the documents offended the rule against the anti-deprivation rule. The courts below had upheld the agreements. Held: The appeal failed. The agreement was valid and enforceable. The anti-deprivation rule as such was … Continue reading Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another: SC 27 Jul 2011
The court considered the availability of qualified privilege for reporting of statements made in parliament and the actionable meaning of the article, which comprised in part those statements and in part other factual material representing the newspaper’s own investigative findings. Challenge to the so-called ‘repetition rule’ which generally applies to reported speech in defamation proceedings. … Continue reading Curistan v Times Newspapers Ltd: CA 30 Apr 2008
Parish Councils are Hybrid Public Authorities The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention right. Held: … Continue reading Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not defended a claim of negligence in their management of safety at the match at Hillsborough … Continue reading Alcock and Others v Chief Constable of South Yorkshire Police: HL 28 Nov 1991
Professional to use Skilled Persons Ordinary Care Negligence was alleged against a doctor. Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test is the standard of the … Continue reading Bolam v Friern Hospital Management Committee: QBD 1957
The house was asked about whether continuous use of an apparent right of way by the public would create a public right of way after 20 years, and also whether a non overt act by a landowner was sufficient to prove his intention not to dedicate the land as a public right of way. Held: … Continue reading Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: HL 20 Jun 2007
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be transferred only if the claimant’s brother paid all the Inheritance Tax. It was transferred … Continue reading Roberts v Gill and Co Solicitors and Others: SC 19 May 2010
Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their dispute, the … Continue reading Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020
A public right of navigation over a river is ‘similar to a right of highway on land not covered by water.’ Before 1885, public rights of navigation did not exist over tributaries of the Thames where there was no prescriptive user. . .
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
