Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Commonwealth - From: 1997 To: 1997

This page lists 49 cases, and was prepared on 20 May 2019.

 
Applicant A and Another v Minister for Immigration and Ethnic Affairs and Another (1997) 2 BHRC 143; [1997] HCA 4
1997

Dawson, McHugh and Gunmow JJ; Brennan CJ and Kirby J (dissenting)
Commonwealth, Immigration, Human Rights
(High Court of Australia) A Chinese asylum seeker was not entitled to refugee status on the basis of well-founded fear of persecution by forcible sterilisation by reason of his membership of a "particular social group", namely all fathers of families who had already produced one child, if returned to China under that country's "One Child Policy" Held: "By including in its operative provisions the requirement that a refugee fear persecution, the convention limits humanitarian scope and does not afford universal protection to asylum seekers. No matter how devastating may be epidemic, natural disaster or famine, a person fleeing them is not a refugee within the terms of the convention. And by incorporating the five convention reasons the convention plainly contemplates that there will even be persons fleeing persecution who will not be able to gain asylum as refugees."
1 Citers


 
Board of Trustees of the National Provident Fund v Shortland Securities Limited [1997] 1 NZLR 1
1997
PC
Lord Hoffmann
Commonwealth, Landlord and Tenant
(New Zealand) Lord Hoffmann: "The expression "ratchet clause" is well understood in New Zealand to mean a particular type of clause, namely a provision such as cl 3.5(c)(i) which prevents the reviewed rent from being lower than the previous rent. This is not the same as a clause giving the landlord an option to initiate review proceedings, even if in practice the economic effect is likely in most (though not necessarily all) cases, to be the same. McGechan J said: "[Brierley's] agreement to provide a lease without a ratchet clause did not require provision of a lease with a mandatory review clause. The two were different and were not spoken of as the same". The Court of Appeal agreed. In view of these concurrent opinions as to the meaning of what is in effect a term of art in New Zealand commercial property transactions, Their Lordships would be very reluctant to take a different view."
1 Cites

1 Citers


 
Ha v State of New South Wales (1997) 189 CLR 465
1997


Commonwealth, Constitutional
(High Court of Australia) The court unanimously considered that 'it would be a perversion of judicial power to maintain in force that which is acknowledged not to be the law'. This would especially be so where 'non-compliance with a properly impugned statute exposes a person to criminal prosecution'. "This Court has no power to overrule cases prospectively. A hallmark of the judicial process has long been the making of binding decisions of rights and obligations arising from the operation of the law upon past events or conduct. The adjudication of existing rights and obligations as distinct from the creation of rights and obligations distinguishes the judicial power from non-judicial power. Prospective overruling is thus inconsistent with judicial power on the simple ground that the new regime that would be ushered in when the overruling took effect would alter existing rights and obligations. If an earlier case is erroneous and it is necessary to overrule it, it would be a perversion of judicial power to maintain in force that which is acknowledged not to be the law."
1 Citers


 
Bow Valley Husky (Bermuda) Ltd v Saint John Shipbuilding Ltd [1997] 3 SCR 1210
1997

McLachlin J (minority)
Commonwealth, Negligence
(Supreme Court of Canada) Saint John Shipbuilding Limited (SJSL) constructed an oil rig for Bow Valley Husky (Bermuda) Limited (BVHB) which was to conduct drilling operations off the east coast of Canada. A heat trace system was required in order to prepare the rig for winter operations. The purpose of a heat trace system was to prevent the rig's pipes or "mud lines" from freezing. The heat trace system which was installed was supplied by Raychem Canada Limited and Raychem Corporation (Raychem). This system was chosen after consultation with Raychem representatives because it had a self-regulating heater. Raychem's heat trace system used Thermaclad wrap to keep moisture from the insulation and heat trace wire. The specification for the Raychem heat trace system required the installation of a ground fault circuit breaker system, the purpose of which was to cut off the power in the event of an electrical fault, to prevent arcing of the heat trace wire. The ground fault circuit breaker system initially installed by SJSL was unsuitable, and a functioning system was not installed on the rig until after the incident which formed the basis of the case. During the drilling of an exploratory well a fire broke out on the oil rig, causing damage to cables.
In a subsequent litigation, the trial judge held inter alia that SJSL was liable in tort for breach of duty to warn of the inflammability of Thermaclad. He also held that the defendant Raychem was liable in tort for breach of its duty to warn. When the case reached the Supreme Court of Canada, it was held by a majority that SJSL's appeal with regard to the duty to warn should be allowed. The majority of the court held that BVHB was not entitled to claim against SJSL on the basis of the tort duty to warn, by reason of provisions of the contract between them. The majority did not however disagree with what was said by the minority of the court about the duty to warn.
The opinion of the minority was delivered by McLachlin J., who said at: "SJSL argues that in order for a duty to warn to arise, there must be an 'informational imbalance' between the manufacturer or supplier and the party who is owed the warning. SJSL submits that the plaintiff BVHB knew as much about the inflammability of the Thermaclad as it did.
The law may be simply stated. Manufacturers and suppliers are required to warn all those who may reasonably be affected by potentially dangerous products: Lambert v Lastoplex Chemicals Co [1972] S.C.R. 569, and Hollis v Dow Corning Corp. [1995] 4 S.C.R. 634. This duty extends even to those persons who are not party to the contract of sale: Rivtow Marine Ltd v Washington Iron Works [1974] S.C.R. 1189. The potential user must be reasonably foreseeable to the manufacturer or supplier - manufacturers and suppliers (including a builder-supplier like SJSL) do not have the duty to warn the entire world about every danger that can result from improper use of their product.
The plaintiff BVHB was clearly within the class of persons that SJSL and Raychem ought to have known might reasonably be affected by the use of Thermaclad. SJSL was in a contractual relationship with BVHB, and Raychem had directly approached BVHB's predecessor [...] to encourage the use of its products in the construction of the rig.
The defendant SJSL submits that there is an additional requirement for a duty to warn: a knowledge imbalance between the manufacturer or supplier and the consumer. It goes on to argue that since BVHB knew about the inflammability of Thermaclad no duty to warn arose. The Court of Appeal held that knowledge may be a defence, but only where the plaintiff can be viewed as accepting the risk (volenti non fit iniuria).
I agree with the Court of Appeal that knowledge that there may be a risk in some circumstances does not negate a duty to warn. Liability for failure to warn is based not merely on a knowledge imbalance. If that were so every person with knowledge would be under a duty to warn. It is based primarily on the manufacture or supply of products intended for the use of others and the reliance that consumers reasonably place on the manufacturer and supplier. Unless the consumer's knowledge negates reasonable reliance, the manufacturer or supplier remains liable. This occurs where the consumer has so much knowledge that a reasonable person would conclude that the consumer fully appreciated and willingly assumed the risk posed by use of the product, making the maxim volenti non fit iniuria applicable: Lambert, supra.
The evidence establishes that the plaintiff BVHB knew that Thermaclad would burn under some circumstances. The defendants SJSL and Raychem, however, had much more detailed knowledge of the specific inflammability characteristics of the Thermaclad. Raychem gained this knowledge through its own testing as manufacturer. SJSL gained it through its request to Raychem for information on Thermaclad's inflammability. BVHB did not have the degree of knowledge necessary to negate reliance on SJSL and Raychem. SJSL and Raychem did not demonstrate that BVHB accepted the risk of using Thermaclad. It follows that both SJSL and Raychem owed BVHB a duty to warn [...]."
1 Citers


 
Kempe and Another v Ambassador Insurance Company (In Liquidation) (Bermuda) Times, 03 January 1997
3 Jan 1997
PC

Insolvency, Commonwealth
A scheme of arrangement though approved by the court was not itself a court order and could not be extended by the court.
1 Citers


 
Tainui Maori Trust Board, Treaty Tribes Coalition And, Te Runanga O Ngati Porou V. Treaty of Waitangi Fisheries Commission, Urban Maori Authorities, The Attorney General, The Honourable Minister of Fisheries and The Honourable Minister of Maori Affairs, [1997] UKPC 70
16 Jan 1997
PC

Commonwealth

[ Bailii ]
 
Hai-Viet v The Queen (Hong Kong) [1997] UKPC 3
20 Jan 1997
PC
Lord Browne-Wilkinson, Lord Griffiths, Lord Lloyd of Berwick, Lord Steyn, Lord Hoffmann
Commonwealth, Crime
The defendant appealed against his conviction for murder, saying that the court should have left to the jury the possibilty of conviction for manslaughter.
[ Bailii ]
 
Haydon and Others v Lo and Lo (A Firm) and Another Times, 23 January 1997; [1997] UKPC 2; [1997] 1 WLR 198
23 Jan 1997
PC
Lord Goff of Chieveley, Lord Griffiths, Lord Lloyd of Berwick, Lord Hope of Craighead, Sir Christopher Slade
Insurance, Commonwealth
(Hong Kong) A claim was made under a professional indemnity policy. The solicitors' clerk had through a series of frauds embezzled some HK$50m. The insurers said that this was one claim, and that their liability was limited to the maximum under the policy. The question was whether this was 'one claim' or a series of claims. Held: The phrase referred to the claim as directed against the firm by the client who had lost out, and not to the several acts of appropriation by the clerk. "it is the underlying facts which are determinative, and . . the formulation of the claim by the third party cannot be decisive of an insurer's liability, whether for the purpose of calculating the deductible, or for any other purpose. "
(Hong Kong)
1 Cites

[ Bailii ]
 
Wharf Properties Ltd V. Commissioner of Inland Revenue Co (Hong Kong) [1997] UKPC 71
27 Jan 1997
PC

Commonwealth

[ Bailii ]
 
Wharf Properties Limited v Commissioner of Inland Revenue (Hong Kong) [1997] UKPC 4
27 Jan 1997
PC

Commonwealth

[ Bailii ]

 
 Union Eagle Limited v Golden Achievement Limited; PC 3-Feb-1997 - Times, 07 February 1997; [1997] UKPC 5; [1997] 2 WLR 341; [1997] AC 514; [1997] 2 All ER 215
 
CFAO (Gambia) Limited v Alhagy Amadou Taal [1997] UKPC 6
6 Feb 1997
PC

Commonwealth
(the Gambia)
[ Bailii ]

 
 Sunflower Services Limited v Unisys New Zealand Limited; PC 11-Feb-1997 - [1997] UKPC 7
 
Director of Public Prosecutions v Dharmarajen Sabapathee (Mauritius) [1997] UKPC 8
17 Feb 1997
PC

Commonwealth

[ Bailii ]

 
 Banque Worms v Owners of the Ship Or Vessel Maule and others; PC 24-Feb-1997 - [1997] UKPC 9
 
Lim v Peter Andrew Mclean and others [1997] UKPC 10
4 Mar 1997
PC

Commonwealth
(New Zealand)
[ Bailii ]
 
Williams v The Queen [1997] UKPC 11
13 Mar 1997
PC

Commonwealth
(Jamaica)
[ Bailii ]
 
Ford v China Light and Power Company Limited and others [1997] UKPC 17
14 Apr 1997
PC

Commonwealth
(Hong Kong) The Board refused to hear the application on its merits.
[ Bailii ]
 
Michel and others v Lennard Augier and others [1997] UKPC 16
16 Apr 1997
PC
Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Nolan, Lord Nicholls of Birkenhead, Lord Clyde
Land, Commonwealth
(Saint Lucia) The claimants sought vehicular access to their land. It was full enclosed by other land, and they sought an easement of necessity as provided by the Civil Code. The provisions came from the Napoleonic Code. The proposed route was economically preferable, but the other was the shortest, which was the factor chosen by the code. Held: The appeal was dismissed. There were no facts put forward to ground a rejection of the findings of the two courts below. Since those others over whose land the alternate roadway might go were not parties to the case, no order could be made in that respect.
[ Bailii ]
 
Williams and others v the Queen (Jamaica) [1997] UKPC 14
16 Apr 1997
PC

Commonwealth

[ Bailii ]

 
 Attorney General v Danhai Williams and others; PC 12-May-1997 - [1997] UKPC 22
 
Gordon v the Attorney General for Jamaica [1997] UKPC 21
12 May 1997
PC

Commonwealth
(Jamaica)
[ Bailii ]
 
Russell v the Attorney General for the State of Saint Vincent and the Grenadines and others [1997] UKPC 23
15 May 1997
PC

Commonwealth, Elections
(Saint Vincent and the Grenadines)
[ Bailii ]
 
Barber v the Minister of the Environment and others [1997] UKPC 25
9 Jun 1997
PC

Commonwealth
(Bermuda)
[ Bailii ]
 
Halstead v The Attorney General of Antigua and Barbuda and others [1997] UKPC 26
11 Jun 1997
PC

Commonwealth
(Antigua and Barbuda)
[ Bailii ]
 
Maguire v Makaronis (1997) 188 CLR 449; [1997] HCA 23; (1997) 144 ALR 729; (1997) 71 ALJR 781
25 Jun 1997

Brennan CJ, Gaudron, McHugh, Gummow, Kirby JJ
Commonwealth, Equity, Legal Professions, Damages
High Court of Australia - Equity - Fiduciary duties - Solicitor and client relationship - Mortgage by clients in favour of solicitors - Ascertainment of particular fiduciary duties.
Equity - Equitable remedies - Rescission - Relevance of causal connection between breach of fiduciary duty and execution of mortgage - Scope of equity for rescission - Whether clients required to "do equity" by honouring contractual obligation to pay principal and interest secured by mortgage - Rate of interest payable on principal sum outstanding under mortgage.
Legal practitioners - Solicitor and client relationship - Mortgage by clients in favour of solicitors - Fiduciary duties - Equitable remedies.
"In Australia, the measure of compensation in respect of losses sustained by reason of breach of duty by a trustee or other fiduciary is determined by equitable principles and . . these do not necessarily reflect the rules for assessment of damages in tort or contract."
1 Citers

[ Austlii ]
 
Sze To Chun Keung v Kung Kwok Wai David and Lam Chak Man Estate Limited [1997] 1 WLR 1232; [1997] UKPC 35
27 Jun 1997
PC
Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Hoffmann, Lord Hutton
Commonwealth, Land, Limitation
(Hong Kong) The respondents were registered owners of land occupied by the appellant who claim title by adverse possession after entry in 1955. Subsequently the claim resided with the Crown. Held: "on the facts as pleaded, the land has been continuously in adverse possession since 1955 and that the plaintiffs' title was extinguished in about 1975. To all outward appearances, there was no change in possession throughout the period and the licensing arrangements between the defendant and a third party, the Crown, did not affect the adverse nature of the possession as against the plaintiffs. At the time when proceedings were commenced, the defendant had been in possession on his own account for only two years. But this does not matter: the Limitation Ordinance is not concerned with whether the defendant has acquired a title but with whether the plaintiffs' right of action has been barred. For this purpose, all that matters is that there should have been continuous adverse possession for the period of limitation. The rights inter se of the successive persons who may have been in possession adversely to the plaintiffs since they were dispossessed are for this purpose irrelevant."
1 Cites

1 Citers

[ Bailii ]
 
Ying v Governor In Council and others [1997] UKPC 36
27 Jun 1997
PC

Commonwealth
(Hong Kong)
[ Bailii ]
 
Lange v Australian Broadcasting Corporation (1997) 189 CLR 520
8 Jul 1997

DAWSON, TOOHEY, GAUDRON, McHUGH, GUMMOW AND KIRBY JJ
Commonwealth, Defamation
(High Court of Australia) The court propounded a test of reasonableness of conduct in respect of the publication of political information. Generally publication will not be reasonable unless the maker of the statement had reasonable grounds for believing the defamatory imputation was true.
1 Citers

[ Austlii ]
 
New Zealand Forest Products Limited v the New Zealand Insurance Company Limited [1997] UKPC 37; [1997] 1 WLR 1237
21 Jul 1997
PC
Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Clyde, Lord Hutton, Justice Henry
Commonwealth, Insurance, Damages, Costs
(New Zealand) Proceedings had been instituted in five causes of action against a company and its director, whose costs were both covered by an insurance policy, and in the case of one of the causes of action against a third person not so covered. All the defendants were represented by the same lawyers. It was common ground that costs not relating in any way to the insured director's defence would not be covered, while costs exclusively related to the insured director's defence would be covered. The issue which arose was as to defence costs which related at one and the same time to the defence both of the claim against the insured director and of the claim against the uninsured third person. The courts below took the view that there should be an apportionment. Held: The relevant insurance. This covered "all loss . . which such officer has become legally obligated to pay on account of any claim made against him . . for a wrongful act". Since this wording would cover the whole costs incurred in the defence where the insured officer was the sole defendant, the Board saw no reason why it should not cover them all, where some of them related also to the defence of an uninsured co-defendant.
1 Citers

[ Bailii ]
 
Commissioner of Inland Revenue v Cosmotron Manufacturing Company Limited [1997] UKPC 42
28 Jul 1997
PC
Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Nolan, Lord Hoffmann, Lord Clyde
Commonwealth, Income Tax
(Hong Kong) The taxpayer company was winding down its business. As it closed it made substantial redundancy payments to its employees. The Commissioners rejected a suggestion that such payments could be set off against income, saying that the payments had not been made, as required by the statute, "for the purpose of producing such profits; " Held: The test was indistinguishable form that applicable under UK law. "The severance payments were properly accepted by the Board of Review, by Findlay J (dissenting) and by the majority of the Court of Appeal as representing expenditure both for the purpose of producing profits and in the production of profits. The obligation to make them was contingent, like many of the employer's other contractual or statutory obligations, but was nonetheless incurred as a necessary condition of retaining the services of the employees concerned."
Income and Corporation Taxes Act 1988 74
1 Cites

[ Bailii ]
 
Njie and others v Amadou Cora (the Gambia) [1997] UKPC 41
28 Jul 1997
PC

Commonwealth

[ Bailii ]
 
Culmer v The Queen [1997] UKPC 43; [1997] 1 WLR 1296
29 Jul 1997
PC

Commonwealth, Crime
(Bahamas) Section 325 prevailed as the leading provision in the Code relating to the defence of provocation in The Bahamas.
Penal Code of The Bahamas 1987 325
1 Citers

[ Bailii ]
 
Bermuda Cablevision Limited and others v Colica Trust Company Limited Times, 31 October 1997; [1997] UKPC 44
6 Oct 1997
PC
Lord Browne-Wilkinson Lord Lloyd of Berwick Lord Steyn Lord Cooke of Thorndon Lord Clyde
Company, Commonwealth
(Bermuda) An alternative remedy to winding up is available to a shareholder where oppressive conduct is alleged, though the main thrust is that the conduct is unlawful.
Companies Act 1985 459 - Companies Act 1981 (Bermuda) 111
1 Cites

[ Bailii ]
 
Sears v The Attorney-General [1997] UKPC 46
7 Oct 1997
PC
Lord Browne-Wilkinson, Lord Jauncey of Tullichettle, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Steyn
Commonwealth
New Zealand
[ Bailii ]
 
Shane Campbell De Morgan And, Dale De Morgan V. The Director-General of Social Welfare and Victor Frederick Sears V. The Attorney General Reasons (New Zealand) [1997] UKPC 72
7 Oct 1997
PC

Commonwealth

[ Bailii ]
 
Electrotec Services Limited v Issa Nicholas (Grenada) Limited [1997] UKPC 50; [1998] 1 WLR 202
27 Oct 1997
PC
Lord Hoffmann
Commonwealth, Costs, Constitutional
(Grenada) The Court of Appeal of Grenada in granting leave to appeal to the Judicial Committee had imposed a condition requiring security of £500. The respondent then applied to the Judicial Committee for an order under its inherent jurisdiction that the appellant pay into court the sum of £130,000 as security for costs, Held: the Committee refused to make such an order. Rule 2 of the 1982 Rules which provides that an appeal shall be either with the leave of the court appealed from or with special leave granted by Her Majesty in Council. "It follows that notwithstanding that the case may be one in which an appeal lies as of right, the leave of the Court of Appeal must be obtained. Such leave is not, however, a matter of discretion for that court." and "It would therefore appear that the function of the Court of Appeal upon an application for leave is to satisfy itself that the case is one in which, under the Constitution of Grenada, a right of appeal exists and, if so satisfied, to consider the exercise of the power to impose conditions conferred by article 5. Leave is granted "in the first instance" subject to compliance with those conditions and final leave is granted when the conditions have been complied with."
West Indies Associated States (Appeals to Privy Council) (Grenada) Order 1967 (SI 1967/224) 5 - Judicial Committee (General Appellate Jurisdiction) Rules Order 1982 (SI 1982/1676) 2
1 Citers

[ Bailii ]
 
Madden v UDC Finance Limited and others [1997] UKPC 52
30 Oct 1997
PC
Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Hoffmann, Lord Saville, Mr Justice Gault
Commonwealth, Company, Contract
(New Zealand) The company issued a debenture to secure the funds for the purchase of machinery, but the debenture was not at first dated. It was submitted that the addition of the dates changed the nature of the loan and was ineffective being insufficiently evidenced in writing. Held: The insertion of the dates was a matter of pure form and was not a material alteration invalidating the charge. The guarantor alleged that since he had not consented to the sale of the equipment he was discharged from his guarantee. That argument failed from a proper construction of the agreement.
1 Citers

[ Bailii ]
 
Wallace v United Grain Growers Ltd [1997] 3 SCR 701; [1997] 152 DLR (4th) 1
30 Oct 1997

Lamer CJ and La Forest, L'Heureux-Dube, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ
Commonwealth, Employment, Damages
SCC (Supreme Court of Canada) Bankruptcy - Property of bankrupt - Salary, wages or other remuneration - Undischarged bankrupt bringing action for wrongful dismissal - Whether damages for wrongful dismissal included in “salary, wages or other remuneration” - Bankruptcy Act, R.S.C., 1985, c. B 3, s. 68(1).
Civil procedure - Wrongful dismissal - Undischarged bankrupt seeking damages for wrongful dismissal - Whether undischarged bankrupt can bring action for wrongful dismissal in his own name.
Employment law - Wrongful dismissal - Employee summarily discharged seeking damages for wrongful dismissal - Trial judge awarding employee damages based on 24 month notice period and aggravated damages - Whether Court of Appeal erred in reducing reasonable notice period to 15 months - Whether Court of Appeal erred in overturning aggravated damages award - Whether action can be brought for "bad faith discharge" - Whether employee entitled to punitive damages.
1 Citers

[ SCC ]
 
BNZ Finance Limited v Harry Graham Holland, Commissioner of Inland Revenue and others [1997] UKPC 51
30 Oct 1997
PC

Commonwealth
(New Zealand)
[ Bailii ]
 
Kempe Jr and others v Ambassador Insurance Company [1997] UKPC 55
19 Nov 1997
PC

Commonwealth, Insolvency
(Bermuda)
1 Cites

[ Bailii ]
 
Countrywide Banking Corporation Limited v Brian Norman Dean As Liquidator of C B Sizzlers Limited [1997] UKPC 57
24 Nov 1997
PC

Commonwealth
(New Zealand)
[ Bailii ]
 
Daley v The Queen [1997] UKPC 58; [1998] 1 WLR 494
8 Dec 1997
PC

Commonwealth, Crime
(Jamaica) Whether murder was a capital murder under Jamaican legislation. The board explained the effect of s2(2) of the Act. Where two or more persons are found guilty of any of the categories of murder referred to in subsection (1) – except that referred to in paragraph (e), which refers to murder committed pursuant to an arrangement whereby money passes as consideration for causing or assisting in causing a person's death – one or other of three additional tests must be satisfied before any of them can be found guilty of capital murder. These are (1) that the person by his own act caused the death of the person murdered; (2) that the person inflicted or attempted to inflict grievous bodily harm on the person murdered; and (3) that the person himself used violence on the person murdered in the course or furtherance of an attack on that person. It is necessary for the trial judge in a case where two or more persons are accused of capital murder, except that of the kind mentioned in paragraph (e) of section 1(1), to give a direction about the application to the case of section 2(2).
Offences against the Person Act 1864 2(2)
1 Citers

[ Bailii ]
 
Nippon Credit Bank Limited v Air New Zealand Limited [1997] UKPC 60
8 Dec 1997
PC

Commonwealth, Banking
(New Zealand)
[ Bailii ]
 
Lewis v British Columbia [1997] 3 SCR 1145; 43 BCLR (3d) 154; 1997 CanLII 304 (SCC); 153 DLR (4th) 594; [1998] 5 WWR 732
11 Dec 1997

Sopinka, Cory, McLachlin, Iacobucci and Major JJ
Vicarious Liability, Commonwealth, Negligence
(Supreme Court of Canada) Torts - Negligence - Highways - Crown liability - Provincial ministry engaging independent contractor to remove rocks from cliff face - Contractor performing work negligently, leaving rocks protruding from cliff face - Driver fatally injured when one of rocks fell from cliff face and crashed through his windshield - Whether provincial ministry absolved from liability for contractor’s negligence.
Cory J said that a common law duty of care "does not usually demand compliance with a specific obligation. It is only when an act is undertaken by a party that a general duty arises to perform the act with reasonable care."
1 Citers

[ Canlii ] - [ Canlii ]
 
Delroy Ricketts v The Queen [1997] UKPC 62
15 Dec 1997
PC

Commonwealth
(Jamaica) Special leave was granted to the defendant to appeal his conviction for murder. Counsel had been late for his trial, and the jury empanelled. When counsel arrived he said the defendant had not understood the judge. A trial took place as to whether he was mute of malice. He was found so, and counsel applied to withdraw saying he had been unable to get instructions. The trial took place without counsel. When the defendant made incoherent noisy outbursts, he was gagged. Held: It could not be said that the defendant had not had opportunity to instruct counsel. The defendant having been found mute of malice the judge was entitled in his discretion to proceed. As to an alleged failure in the direction on identification evidence, it was the substance of the direction which mattered. The criticisms together did not justify setting aside the conviction.
1 Cites

[ Bailii ]
 
Trevor Nathaniel Fisher v The Minister of Public Safety and Immigration and Others Times, 26 December 1997; [1997] UKPC 1; [1998] AC 673; [1997] UKPC 64
16 Dec 1997
PC

Human Rights, Commonwealth, Criminal Sentencing
(The Bahamas) The extent of a delay before a trial is not relevant when considering whether a subsequent delay in carrying out an execution is cruel and inhuman punishment
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ Bailii ]
 
Morales v Stella Young [1997] UKPC 66
18 Dec 1997
PC

Commonwealth
(Trinidad and Tobago)
[ Bailii ]
 
Williams v The Queen (Jamaica) [1997] UKPC 67
18 Dec 1997
PC

Commonwealth

[ Bailii ]
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.