Month: July 2015

Sisu Capital Fund Ltd and others v Tucker and others; 28 Oct 2005

References: Times 04-Nov-2005, [2005] EWHC 2321 (Ch)
Links: Bailii
The Defendants were accountants who had been sued through their partnership in KPMG. They had been granted a order for their costs. They sought payment for the time they had spent prersonally in preparing their defences.
Held: As professionals there was no reason to distinguish the cost to the defendants of resisting the claims in the time they had spent. However the sums recovered would be restricted in accordance with the principles in Nossen.
Statutes: Civil Procedure Rules
This case cites:

Helena Partnerships Limited v HM Revenue and Customs; UTTC 6 Apr 2011

References: [2011] UKUT B12 (TCC), [2011] UKUT 271 (TCC)
Links: Bailii
Coram: Warren J
UTTC Registered Social Landlord – objects for ‘benefit of the community’ – whether charity – no – availability of relief under s 505 Taxes Act – no
This case is cited by:

  • Appeal From – Helena Partnerships Ltd -v- HM Revenue and Customs CA (Bailii, [2012] EWCA Civ 569, [2012] PTSR 1409, [2012] WLR(D) 142)
    The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a . .

Regina v Hopley: 1860

References: (1860) 2 F&F 202, [1860] EWCC J42, [1860] EngR 191 (B)
Links: Bailii, Commonlii
(Summer Assizes, 1860) The prisoner was indicted for the manslaughter of Reginald Cancellor. The prisoner was a schoolmaster at Eastbourne, and in 1859 the deceased, a boy aged thirteen or fourteen, had been entrusted to his charge. He was a dull boy. At Christmas there were some complaints of chastisement inflicted on him by the prisoner. He returned to school, however, after the holidays, and again at Easter on the 16th April.
Held: A parent or someone to whom the parent has delegated authority may inflict physical hurt on his or her child, provided that it does not go too far, and is for the purpose of correction and not the gratification of passion or rage.
This case is cited by:

  • Cited – Regina -v- Brown (Anthony); Regina -v- Lucas;etc HL (Independent 12-Mar-93, lip, [1994] 1 AC 212, Bailii, [1992] UKHL 7, [1993] 2 WLR 556, [1993] 2 All ER 75)
    The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .

(This list may be incomplete)
Last Update: 02-Nov-15 Ref: 182078

Clark v Malpas; 25 Apr 1862

References: (1862) 4 De GF & J 401, [1862] EngR 604, (1862) 31 Beav 80, (1862) 54 ER 1067
Links: Commonlii
The court found a contract to be an unconscionable bargain where a poor and illiterate man was induced to enter into a transaction of an unusual nature, without proper independent advice, and in great haste; and the resulting transaction has been, not just hard or improvident, but overreaching and oppressive.
This case is cited by:

  • Cited – Portman Building Society -v- Dusangh and Others CA (Bailii, [2000] Lloyd’s LR 19, [2000] EWCA Civ 142, [2000] 2 All ER (Comm) 221)
    The defendant sought to set aside an order for possession under a mortgage.
    Held: Where a case was strong enough on its face in terms of conduct and terms, unconscionable conduct could be inferred if there was no explanation offered to . .
  • Cited – Alec Lobb (Garages) Ltd -v- Total Oil Ltd QBD ([1983] 1 All ER 944, [1983] 1 WLR 87)
    To establish that a contract was unconscionable, a party had to have made an unconscientious use of its superior position or superior bargaining power to the detriment of someone suffering from some special disability or disadvantage. This weakness . .
  • Cited – Strydom -v- Vendside Ltd QBD (Bailii, [2009] EWHC 2130 (QB))
    The claimant sought recovery of a sum paid to the defendant as a commission by his union during his claim for personal injuries at work, relying on a term he sought to have implied into his contract, that the costs position should not be . .

John Pfeiffer Pty Limited v Rogerson; HCA 16 Apr 1999

References: [2000] HCA 36, (2000) 203 CLR 503
Links: Austlii
(High Court of Australia) The double actionability rule should be discarded with regard to claims brought in an Australian court in respect of a civil wrong arising out of acts or omissions that occurred wholly within one or more of the law areas of the Commonwealth of Australia.
This case is cited by:

  • Cited – Harding -v- Wealands CA (Bailii, [2004] EWCA Civ 1735, Times 05-Jan-05, [2005] 1 WLR 1539)
    The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied.
    Held: The general rule in section 11 was not to . .

Abbasi v Revenue and Customs; Excs 13 Nov 2007

References: [2007] UKVAT-Excise E01075
Links: Bailii
Excs Customs and Excise -request for return of vehicle – 18,160 cigarettes- 27.69 litres of beer – 2.7 litres of spirits- failure to disclose when stopped – Iranian cigarettes – alleged purchase outside European Community – not agreed – appellant smuggling – request for review refused – appeal dismissed

Grapevine Storage Services Ltd v Revenue and Customs; Excs 19 Mar 2008

References: [2008] UKVAT-Excise E01100
Links: Bailii
Excs EXCISE – Refusal of application to approve a place of security for the deposit of excise goods – Deemed decision made after expiry of 45 days – Whether appeal against initial decision or review decision – Both officers failed to disclose concerns about another bonded warehouse – Whether those concerns influenced decision – Decision purportedly taken on basis lack of commercial viability – Both officers made mistakes in calculations – Whether decision reasonable – s.92(1) Customs & Excise Management Act 1979 – S.16(4)(c) Finance Act – Appeal allowed
Statutes: Customs & Excise Management Act 1979 92(1)

Hendy v Customs and Excise; Excs 11 Jan 2002

References: [2002] UKVAT-Excise E00212
Links: Bailii
RESTORATION REFUSAL – Vehicle – Appellant disabled – Importing cigarettes and tobacco 5 times guideline – Heavy smoker – Part to be reimbursed by family – Larger quantity allowed through 7 weeks earlier – Little detail recorded but Notice 1 served – Disability not regarded as relevant by Review Officer – Wrong test applied by Review Officer – Need for proportionality – Finance Act 1994 s.16(4) – Further review directed with proper reasons
Statutes: Finance Act 1994 16(4)

Powell v Revenue and Customs; Excs 18 Aug 2005

References: [2005] UKVAT-Excise E00900
Links: Bailii
Excs EXCISE – RESTORATION – Jurisdiction – Whether Tribunal can entertain appeal against review decision directed by Tribunal under FA 1994 s.16(4)(b) – Whether appellant ‘required the review’ within s.16(2) – No – Whether exclusion compatible with Human Rights Convention – No – Held necessary to read in words under HRA 1998, s.3 – Alternatively exclusion incompatible with Community Law
Jurisdiction – Goods disposed of before original decision under CEMA 1979 s.152(b) to refuse restoration – Whether section 152(b) includes power to make payment when restoration in kind not possible – Yes – Power either implied or read in under HRA s.3 – Not covered by CEMA s.6(2) – Tribunal therefore has jurisdiction
Jurisdiction – Payment when restoration not possible – Whether Tribunal has jurisdiction as to amount – Meaning of ‘restored’ in s.152(b) – Yes by implication or under HRA s.3

Lady Beresford v Driver; 31 Jul 1851

References: [1851] EngR 754, (1851) 14 Beav 387, (1851) 51 ER 335
Links: Commonlii
The defendant, the plaintiff’s ex-land agent was ordered to deliver up documents to former principal relating to her estate and its management
This case is cited by:

  • Cited – Fairstar Heavy Transport Nv -v- Adkins and Another CA (Bailii, [2013] EWCA Civ 886)
    The court was asked whether the appellant company was entitled to an order requiring its former Chief Executive Officer, after the termination of his appointment, to give it access to the content of emails relating to its business affairs, and . .

Regina v NS; 20 Dec 2012

References: [2012] 3 SCR 726, 2012 SCC 72
Links: Canlii
Coram: McLachlin CJ and LeBel, Deschamps, Fish, Abella, Rothstein and Cromwell JJ
Canlii Charter of Rights – Freedom of religion – Right to fair hearing – Right to make full answer and defence – Muslim witness at preliminary hearing in sexual assault trial wanting to testify with her face covered by niqab – Whether requiring witness to remove the niqab while testifying would interfere with her religious freedom -Whether permitting her to wear niqab while testifying would create a serious risk to trial fairness – Whether both rights could be accommodated to avoid conflict between them – If not, whether salutary effects of requiring the witness to remove niqab outweigh deleterious effects – Canadian Charter of Rights and Freedoms, ss. 2(a), 7, 11(d).
Criminal law – Evidence – Cross-examination – Muslim witness at preliminary hearing in sexual assault trial wanting to testify with her face covered by niqab – Whether permitting her to wear niqab while testifying would create a serious risk to trial fairness.

Clarke v Law; 12 Nov 1855

References: [1855] EngR 778, (1855) 2 K & J 28, (1855) 69 ER 680
Links: Commonlii
A party to a cause, filing or giving notice to read an affidavit before the evidence is closed, may be cross-examined upon such affidavit at once, without waiting until the evidence is closed.
A party having filed or given notice to read an affidavit is not at liberty to withdraw it.

Cobbett v Ludlam, Executor of Oldfield; 26 Nov 1855

References: [1855] EngR 839, (1855) 11 Exch 446, (1855) 156 ER 906
Links: Commonlii
O, the defendant’s testator, instituted a suit in Chancery for the administration of the estate and effects of C, the plaintiffs testator. An order was made by the Court of Chancery, that the plaintiff be restrained by injunction from interferlng with the estate or effects of C. The plaintiff brought an action against the defendant for an alleged infringement by O of C’s copyright in certain books
Held: First, that the action was in disobedience of the order of the Court of Chancery, since the damages, when recovered, would be assets of C. in the plaintiff’s hands. Secondly, that under the 226th section of the Common Law Procedure Act, 1852, this Court had jurisdiction to stay proceedings in the action, although no writ of injunction had issued.
Statutes: Common Law Procedure Act 1852 226

‘Iza’ Ltd And Makrakhidze v Georgia: ECHR 8 Aug 2011

References: [2011] ECHR 1649
Links: Bailii
This case cites:

  • See Also – Iza Ltd And Makrakhidze -v- Georgia ECHR (28537/02, Worldlii, [2005] ECHR 641, Bailii)
    ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of Art. 13; Violation of P1-1; Remainder inadmissible; Pecuniary damage – financial award; Non-pecuniary damage – financial award; . .

In The Matter Of The Electric Telegraph Company Of Ireland, And In The Matter Of The Joint Stock Companies Winding-Up Acts, 1848 And 1849 Cookney’s Case; 3 Nov 1858

References: [1858] EngR 1072, (1858) 3 De G & J 170, (1858) 44 ER 1233
Links: Commonlii
Shares in a company which was in the course of formation were allotted to an applicant whose application was merely a verbal request to a director to obtain the shares, but who subsequently paid the deposit. On being requested to execute the deed af settlement the allottee refused to do so. The company afterwards obtained an Act of Parliament, and in the register of shareholders made under the Act the name of the allottee, omitting however his first Christian name, was inserted in the register as a shareholder in respect of the same number of shares as had been allotted to him, but which were differently numbered, numbers corresponding to those on the allotment being ascribed in the new register to another shareholder. Held, that no written agreement to take shares was necessary, but that the Appellant had become liable as a contributory, and was not relieved from his liability either by his refusal to execute the deed, by the change in the numbers of the shares ascribed to him, or by the mistake in his name.

The Electric Telegraph Company Of Ireland Cookney’s Case; 19 Jul 1858

References: [1858] EngR 1000, (1858) 26 Beav 6, (1858) 53 ER 798
Links: Commonlii
A. gave to B. a cheque for £50 to obtain fifty shares in a company. B applied for fifty shares, and they were allotted to A, and his name was entered in the books, &c., as a shareholder. It did not appear that anything had been done further than that A. had refused to sign the deed. Held, that not having repudiated the shares, he was a contributory Held, also, that a change iri the company’s books in the the number of the shares first allotted to B. did not relieve him from his liability.

In Re The Electric Telegraph Company Of Ireland ex parte Bunn; 20 Apr 1857

References: [1857] EngR 413, (1857) 24 Beav 137, (1857) 53 ER 309
Links: Commonlii
A party interested being summoned to appear as witness, is not justified in refusing to be sworn before the Chief Clerk, on the ground that he will not be able to have the assistance of counsel before the Chief Clerk, and that he ought, therefore, to be examined before the Judge or the examiner.

Lord Portarlington v Soulby; 10 Dec 1833

References: [1834] 3 My & K 104, [1833] EngR 932, (1833) 6 Sim 356, (1833) 58 ER 628 (A)
Links: Commonlii
The court of appeal recognised its ability to restrain the commencement of proceedings in other courts and jurisdictions as to the same matter. The power was grounded not upon ‘any pretension to the exercise of judicial rights abroad’ but upon the fact that the party being restrained is subject to the in personam jurisdiction of the English court.
This case is cited by:

  • Cited – Turner -v- Grovit and others HL ([2002] ICR 94, House of Lords, Bailii, Gazette 14-Feb-02, [2001] UKHL 65, [2002] 1 WLR 107, [2002] 1 All ER 960 (Note), [2002] 1 All ER (Comm) 320 (Note), [2002] IRLR 358, [2002] ILPr 28, [2002] CLC 463)
    The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English . .

Novello v Toogood; 29 Apr 1823

References: (1823) 1 B and C 554, [1823] EngR 492, (1823) 1 B & C 554, (1823) 107 ER 204
Links: Commonlii
The defendant a British born subject was a music master and teacher of Italian, but was also employed in part as a chorister in the chapel of a foreign ambassador. He rented a large house, subletting parts. He resisted distraint on the premises for non-payment of poor rates.
Held: The appointment as a servant of the foreign ambassador was not sufficient to to protect him from such distraint, at least so far goods were not associated with hs appointment.
This case is cited by:

  • Cited – Regina -v- Jones (Margaret), Regina -v- Milling and others HL (Bailii, [2006] UKHL 16, Times 30-Mar-06, [2006] 2 WLR 772, [2006] 2 CAR 9, [2007] 1 AC 136)
    Each defendant sought to raise by way of defence of their various criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly . .
  • Cited – Aziz -v- Aziz and others Rev 1 CA (Bailii, [2007] EWCA Civ 712, Times 17-Jul-07)
    The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity . .

Sanders, Snow and Cockings v Vanzeller; 2 Feb 1843

References: (1843) 4 QB 260, [1843] EngR 316, (1843) 114 ER 897
Links: Commonlii
Carrier’s lien under bill of lading
This case is cited by:

Re Pauling’s Settlement Trusts (No 2); 1 Jun 1963

References: [1963] 1 All ER 857, [1963] 3 WLR 742, [1963] Ch 576
Coram: Wilberforce J
An application was made for the trustee to be replaced. The trustee complained that he would remain liable in certain events, and sought an indemnity from any new trustee out of the trust fund.
Held: A new trustees would be under ‘the normal duty of preserving an equitable balance, and if at any time it was shown they were inclining one way or the other, it would not be a difficult matter to bring them to account.’ The court asked to what extent a trustee may have a lien over the trust fund for the liabilities to which that trustee may be subject.
This case cites:

  • See Also – Re Pauling’s Settlement Trusts (No.1) CA (Bailii, [1963] EWCA Civ 5, [1964] Ch 303, [1963] 3 All ER 1, [1963] 3 WLR 742)
    Property had been placed in trust for the daughter of the family, fearing that she might fritter it away. The trust was managed by the bank. The judge had found that, having misunderstood the powers of advancement given, the bank was liable to repay . .

This case is cited by:

  • Cited – X -v- A, B, C ChD (Bailii, [2000] EWHC Ch 121)
    Trustees sought guidance from the court as to investment in land which might become a liability because of clean up costs associated with the Act when it came into force. Would the trustees have a lien over other property of the deceased to pay the . .

In re Avtar Singh; 25 Jul 1967

References: Unreported, 25/07/1967
A Commonwealth citizen said he wanted to come to the UK so as to marry a girl here. He had no right at all to be admitted. The statute gave the immigration officers a complete discretion to refuse. The Lord Chief Justice held that they were under no duty to tell him why he was refused admission and were not bound to give him an opportunity of making representations.
This case is cited by:

  • Cited – SL -v- Westminster City Council SC (Bailii, [2013] UKSC 27, [2013] 1 WLR 1445, [2013] PTSR 691, [2013] HLR 30, [2013] 3 All ER 191, [2013] BLGR 423, Bailii Summary)
    The applicant for assistance from the respondent Council under the 1948 Act was a destitute, homeless failed asylum seeker. He had been admitted to hospital for psychiatric care, but the Council had maintained that his condition was part of and . .

Clunies-Ross v Commonwealth; 25 Oct 1984

References: [1984] HCA 65, (1984) 155 CLR 193
Links: Austlii
Coram: Gibbs CJ, Mason, Murphy, Wilson(1), Brennan, Deane and Dawson JJ
Austlii (High Court of Australia) Compulsory Acquisition – Land – Acquisition by Commonwealth – Power to acquire land for public purposes – Whether limited to acquisition of land needed or proposed to be used for public purposes – Earlier sale of other land to Commonwealth – Whether implied term of contract of sale that Commonwealth would not compulsorily acquire balance – The Constitution (63 & 64 Vict. c. 12), s. 51 (xxxi) – Lands Acquisition Act 1955 (Cth), ss. 5, 6, 16(1).
The statutory power to acquire land for a public purpose could not be used to ‘advance or achieve some more remote public purpose, however laudable.’
This case is cited by:

HMRC v Asda Stores Ltd; UTTC 8 May 2013

References: [2013] UKUT 223 (TCC)
Links: Bailii
Coram: Newey J
UTTC IMPORT DUTY – customs value – Articles 29 and 32 of Community Customs Code (Regulation 2913/92).
Statutes: Council Regulation (EEC) No 2913/92 29(3)
This case cites:

  • Appeal from – Asda Stores Ltd -v- Revenue & Customs FTTTx (Bailii, [2012] UKFTT 351 (TC))
    FTTTx IMPORT DUTY – customs value – clothing imported together with hangers etc -hangers supplied to overseas supplier of clothing by separate overseas hanger supplier nominated by UK importer – price for hangers . .
  • Cited – Hauptzollamt Itzehoe -v- HJ Repenning Gmbh ECJ (R-183/85, Bailii, [1986] EUECJ R-183/85)
    ECJ Article 3(1) of Council Regulation No 1224/80 on the valuation of goods for customs purposes must be interpreted as meaning that where goods bought free of defects are damaged before being released for free . .

This case is cited by:

  • At UTTC – Asda Stores Ltd -v- Revenue and Customs CA (Bailii, [2014] EWCA Civ 317)
    The appellant imported clothing manufactured outside the EU, along with hangers supplied by a third party. The manufacturers were re-imbursed the cost of acquiring the hangers, but the appellants had agreed an inflated price with the hanger . .

British Columbia v Zastowny; 8 Feb 2008

References: [2008] 1 SCR 27, (2008), 290 DLR (4th) 21, [2008] 4 WWR 381, (2008) 76 BCLR (4th) 1
Links: Canlii
Coram: McLachlin CJ and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ
Canlii (Supreme Court of Canada) Damages – Past and future wage loss – Periods of incarceration – Plaintiff seeking damages for injuries suffered as consequence of sexual assaults – Whether plaintiff entitled to compensation for wage loss while he was incarcerated – Whether plaintiff can be compensated for time spent in prison after he became eligible for parole – Whether recovery for past wage loss while incarcerated barred by application of ex turpi causa non oritur actio doctrine or novus actus interveniens doctrine – Whether Court of Appeal erred in reducing award for loss of future earnings.
Canlii In 1988, Z was twice sexually assaulted by a prison official while imprisoned for a break and enter committed to support a crack cocaine addiction. After his release from prison, Z became addicted to heroin and a repeat offender. He was in prison for 12 of the next 15 years. In 2003, Z commenced an action seeking damages for the sexual assaults. A psychologist testified that the assaults caused Z to start using heroin and exacerbated his substance abuse and criminality. Z was awarded general and aggravated damages, the cost of future counselling, and compensation for past and future wage losses. The award for past wage losses included compensation for time spent in prison. The Court of Appeal reduced the award for past wage loss in order to compensate Z only for the time spent in prison after eligibility for parole and it reduced Z’s future wage loss by 30 percent to reflect his high risk of recidivism.
Held: The appeal should be allowed and the cross-appeal should be dismissed.
This case is cited by:

  • Cited – Gray -v- Thames Trains and Others HL (Bailii, [2009] UKHL 33, Times, [2009] PIQR P22, (2009) 108 BMLR 205, [2009] 4 All ER 81, [2009] 3 WLR 167)
    The claimant had been severely injured in a rail crash caused by the defendant’s negligence. Under this condition, the claimant had gone on to kill another person, and he had been detained under section 41. He now sought damages for his loss of . .

KLB v British Columbia; 2 Oct 2003

References: [2003] SCC 51, [2003] SCJ No 51, [2003] 2 SCR 403
Links: Canlii
Coram: McLachlin CJ and Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel and Deschamps JJ
Canlii (Supreme Court of Canada) Torts – Liability – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Whether government negligent – Whether government vicariously liable for torts of foster parents – Whether government liable for breach of non-delegable duty – Whether government liable for breach of fiduciary duty.
Limitation of actions – Torts – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Whether tort actions barred by Limitation Act – Limitation Act, R.S.B.C. 1996, c. 266, ss. 3(2), 7(1)(a)(i).
Torts – Damages – Intentional torts – Abuse of children by foster parents – Whether government can be held liable for harm children suffered in foster care – Proper basis for assessing damages for child abuse by parent or foster parent.
The court considered the difficulty of setting down a unifying principle of the idea of a non-delegable duty: ‘It may be that there is no single common law concept of non-delegable duty. Instead, the phrase seems to have been used to describe a number of situations in which special, non-delegable duties arise. If this is correct, then rather than seeking to state the doctrine in terms of a single principle, we should look to the different situations in which such duties have been found – an approach consonant with the traditional methods of the common law. In Lewis (Guardian ad litem of) v. British Columbia, 1997 CanLII 304 (SCC), [1997] 3 S.C.R. 1145, at para. 20, Cory J. suggested that these different situations comprise a ‘spectrum of liability’, and that ‘[w]ithin that spectrum there are a variety of legal obligations which may, depending on the circumstances, lead to a principal’s liability for the negligence of an independent contractor.’
This case is cited by:

  • Cited – Woodland -v- The Swimming Teachers’ Association and Others QBD (Bailii, [2011] EWHC 2631 (QB), [2012] PIQR P3, [2012] ELR 76)
    The court was asked as to the vicarious or other liability of a school where a pupil suffered injury at a swimming lesson with a non-employee during school time, and in particular whether it had a non-delegable duty to ensure the welfare of children . .

Cavanagh v London Transport Executive; 23 Oct 1956

References: Times 23-Oct-1956
Coram: Devlin J
The deceased stepped onto the road just behind a taxi cab which was stationary or just drawing up. He neither saw nor heard an approaching number bus and walked directly into its path. He suffered a fractured skull. There was evidence that his mental processes became grossly abnormal. Some sixteen months after the accident he committed suicide.
Held: The court was satisfied that ‘an irrational state of mind arising from his head injuries was a cause, if not the main cause, of his suicide.’ The judge ‘would, if necessary, hold that the plaintiff (the widow of the deceased) had discharged the burden of causation upon her and that the financial worry did not amount to a novus actus. But if, looked at independently of its origins it would amount to a novus actus, he was satisfied that the deceased’s financial position in January, 1955, could be traced back to the accident.’
This case is cited by:

  • Cited – Corr -v- IBC Vehicles Ltd CA (Bailii, [2006] EWCA Civ 331, Times 21-Apr-06, [2006] ICR 1138, [2007] QB 46, [2006] 2 All ER 929, [2006] 3 WLR 395)
    The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant . .

Lewis v British Columbia; 11 Dec 1997

References: [1997] 3 SCR 1145, 43 BCLR (3d) 154, 1997 CanLII 304 (SCC), 153 DLR (4th) 594, [1998] 5 WWR 732
Links: Canlii, Canlii
Coram: Sopinka, Cory, McLachlin, Iacobucci and Major JJ
(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.’
This case is cited by:

  • Cited – Woodland -v- Essex County Council SC (Bailii, [2013] UKSC 66, WLRD, [2013] 3 WLR 1227, [2013] WLR(D) 403, Bailii Summary, UKSC 2012/0093, SC Summary, SC)
    The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .

Regina v The Board of Works For The Strand District; 7 Nov 1863

References: [1863] EngR 911, (1863) 4 B & S 526, (1863) 122 ER 556
Links: Commonlii
Order for expenses. Auditors of District Board. An Act of 30 Car. 2, ‘for making part of the parish of St. Martin in the Fields a new parish, to be called the parish of St. Anne within the Liberty of Westminster, enacted that all that precinct included within the bounds hereafter expressed, that is to say, all the houses, tenements, lands and grounds beginning at &c. with all the east side of Soho Street to the sign of &c., being the corner at the north end of the said Soho Street abutting upon the king’s highway or great road,’ now Oxford Street, ‘with all the houses and grounds abutting on and upon the said road leading from the said sign of’ &c., should be a new parish. Before the passing of The Metropolitan Local Management Act, 18 & 19 Vict. c. 120, and after the passing of it down to the making of the order after mentioned, the vestry of the parish of St. Marylebone paved the whole of Oxford Street.

Vocalspruce Ltd v HMRC; UTTC 19 Jun 2013

References: [2013] UKUT 276 (TCC)
Links: Bailii
Coram: Proudman J
UTTC Corporation Tax- whether the profit on loan notes is subject to the charge to corporation tax under the loan relationship rules. Construction of s. 84(2)(a) of and paragraph 12 of Schedule 9 to the Finance Act 1996. Profits realised on loan notes which the company had agreed to appropriate to share premium account on the issue of shares for the loan notes were not amounts required to be transferred to its share premium account within the meaning of s. 84(2)(a); the profit appropriated to share premium account was not excluded from the scope of s. 84(2)(a) by paragraph 12 of Schedule 9. Appeal and Cross-appeal dismissed.

Ramsay v HMRC; UTTC 8 May 2013

References: [2013] UKUT 226 (TCC)
Links: Bailii
UTTC CAPITAL GAINS TAX – s 162 TCGA – roll-over relief on transfer of a business as a going concern to a company in exchange for shares – whether activities of appellant in relation to a property divided into let flats amounted to a business – whether approach of First-tier Tribunal was correct in law

Braybrook v The Basildon and Thurrock University NHS Trust; 7 Oct 2004

References: [2004] EWHC 3352
Coram: Sumner J
Sumner J gave guidance on the withdrawal of an admission under the CPR: ‘From the cases and the CPR I draw the following principals:
1. In exercising its discretion, the court will consider all the circumstances of the case and seek to give effect to the overriding objective.
2. Among the matters to be considered will be:
(a) The reasons and justifications for the Application which must be made in good faith;
(b) The balance of the prejudice to the parties and whether a party has been the author of any prejudice they might suffer;
(c) The prospect of success of any issue arising from the withdrawal of an admission;
(d) The public interest in avoiding possible satellite litigation, disproportionate use of court resources and the impact of any strategic manoeuvoring.
3. The nearer any Application is to a final hearing, the less chance of success it will have, even if the party making the Application can establish clear prejudice. This may be decisive if the application is made shortly before the hearing.’
Statutes: Civil Procedure Rules 14
This case is cited by:

  • Cited – Kingsway Hall Hotel Ltd -v- Red Sky IT (Hounslow) Ltd TCC (Bailii, [2010] EWHC 965 (TCC))
    The claimant said that the software supplied to it was not fit for purpose. The defendant said that the company had relied on its own inspections of what was a standard package, and had not made known its desire to use it in a specific context. The . .
  • Approved – Sowerby -v- Charlton CA (Bailii, [2005] EWCA Civ 1610, Times 05-Jan-06, [2006] 1 WLR 586)
    Before proceedings, in without prejudice discussions, the defendant made certain admissions. They were withdrawn before proceedings commenced. The claimant said that they could not be withdrawn.
    Held: Until proceedings began the Civil . .
  • Cited – Berg -v- Blackburn Rovers Football Club & Athletic Plc ChD (Bailii, [2013] EWHC 1070 (Ch), [2013] IRLR 537)
    The claimant sought damages after termination of his contract of employment as manager of the defendant football club. The Club now sought leave to withdraw an admission of liability as to payment in respect of a minimum period of notice.

Compania Naviera Vascongado v Steamship ‘Cristina’: HL 1938

References: [1938] AC 485
Coram: Lord Atkin
A state-owned ship that was used for public purposes could not be made the subject of proceedings in rem. Lord Atkin described the absolute immunity of a sovereign of a foreign state within this jurisdiction: ‘The foundation for the application to set aside the writ and arrest of the ship is to be found in two propositions of international law engrafted into our domestic law which seem to me to be well established and to be beyond dispute. The first is that the courts of a country will not implead a foreign sovereign, that is, they will not by their process make him against his will a party to legal proceedings whether the proceedings involve process against his person or seek to recover from him specific property or damages.
The second is that they will not by their process, whether the sovereign is a party to the proceedings or not, seize or detain property which is his or of which he is in possession or control. There has been some difference in the practice of nations as to possible limitations of this second principle as to whether it extends to property only used for the commercial purposes of the sovereign or to personal private property. In this country it is in my opinion well settled that it applies to both.’
This doctrine derives from the maxim par in parem non habet imperium, but also from ideas as comity or reciprocity, the practicability of enforcement, or the respect for the dignity of other states.
This case is cited by:

  • Cited – Jones -v- Ministry of Interior for the Kingdom of Saudi Arabia and others HL (Bailii, Bailii, [2006] UKHL 26, [2007] 1 AC 270, [2007] 1 All ER 113, [2006] 2 WLR 1424)
    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 . .
  • Cited – Holland -v- Lampen-Wolfe HL (Gazette 17-Aug-00, House of Lords, Times 27-Jul-00, Gazette 03-Aug-00, Bailii, [2000] 1 WLR 1573, [2000] UKHL 40, [2000] 3 All ER 833)
    The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
  • Cited – Aziz -v- Aziz and others Rev 1 CA (Bailii, [2007] EWCA Civ 712, Times 17-Jul-07)
    The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity . .
  • Cited – NML Capital Ltd -v- Argentina SC (Bailii, [2011] UKSC 31, Bailii Summary, SC Summary, SC, UKSC 2010/0040)
    The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .

Explainaway Ltd, Quartfed Ltd Parastream Limited v HM Revenue and Customs; UTTC 19 Oct 2012

References: [2012] UKUT 362 (TCC), FTC/72 & 79/2011
Links: Bailii
CORPORATION TAX – scheme to avoid tax on chargeable gains – whether derivative transactions gave rise to chargeable gains and losses – whether loss arising on disposal of shares in group company was an allowable loss – ICTA, s 128, and TCGA, ss 2 and 143 – application of Ramsay principle

HM Revenue and Customs v SDM European Transport Ltd; UTTC 20 May 2013

References: [2013] UKUT 251 (TCC)
Links: Bailii
UTTC Excise duty – whether spirits delivered to declared destinations – did First-tier Tribunal wrongly consider that it could not reach a decision that implied dishonesty on part of Appellant? – held no – did First-tier Tribunal wrongly hold that HMRC had burden of proof? – held no – whether First-tier Tribunal made findings of fact that were not open to it or otherwise err in its approach to the evidence? – held that First-tier Tribunal failed to give adequate reasons for conclusion that all journeys took place as described in face of contradictory evidence – appeal allowed in part – case remitted.

Hubbard v Middlebridge Scimitar Ltd; 27 Jul 1990

References: [1990] EWHC 1 (QB)
Links: Bailii
Coram: Otton J
The plaintiff had contracted to sell a vintage Bentley racing car ‘Old Number One’ for £10 million pounds. The buyer came to suspect its authenticity and refused to complete. The plaintiff sought specific performance.
Held: During the course of its life any such car would have alterations and replacements made, and by 1930, only one or two parts of the original would remain. Included was a radiator on which had been inscribed a list of the car’s racing successes. Even so, there was a continuous history of the car through the various events and repairs. The claim succeeded. Adopting the criteria suggested the car was the Old Number One: ‘The plaintiff has faithfully, sympathetically and accurately restored it to its last known racing form, i.e. the form it was in Brooklands in 1932 when it crashed. There has been no break in its historic continuity from the time when it first emerged from the racing shop in 1929 until today.’
This case is cited by:

  • Cited – Lloyd -v- Svenby QBD (Bailii, [2006] EWHC 315 (QB))
    The two claimants sought title to a car registration plate and to a chassis number. They were to be applied to historic racing cars.
    Held: The power to assign registration marks lay with the Secretary of State. Any legal rights rested not with . .

Freeman And Another, Assignees of William Broadbent v Cooke; 1 Jul 1848

References: (1848) 2 Exch 554, 6 Dow & L 187, [1843-60] All ER Rep 185, [1848] EngR 687, (1848) 154 ER 652
Links: Commonlii
Where a party creates a belief in another’s mind, and causes the other to act upon that belief, he will not in subsequent court proceedings be heard to deny that belief: ‘a party who negigently of culpably stands by and allows another to contract on the faith of a fact which he can contradict, cannot afterwards dispoute that fact in an action against the party who he has himself assisted in deceiving.’
This case is cited by:

  • Applied – Smith -v- Hughes QBD ((1871) LR 6 QB 597, Hamlyn)
    If a party so conducts himself as to allow another to to believe that he was assenting to the terms proposed by the other, and acting upon that belief, and the other enters into the contract, the man so conducting himself is as bound as if he had . .

(This list may be incomplete)
Last Update: 03-Mar-16 Ref: 188458

Addie (Robert) and Sons (Collieries) Ltd v Dumbreck: HL 1928

References: [1929] AC 358, HL(Sc), 1928 SC 547
No occupier is under any duty to potential trespassers, whether adults or children, to do anything to protect them from danger on his land, however likely it may be that they will come and run into danger and however lethal the danger may be.
This case cites:

  • Appeal from – Robert Addie & Sons (Collieries) Ltd -v- Dumbreck SCS (1928 SC 547)
    A boy trespassed on land and was injured on machinery there. The local working-classes resorted to the field regularly ‘(1) as an open space; (2) as a playground; (3) as a means of access to chapel and railway station; and (4) – as regards the less . .

This case is cited by:

  • Limited – British Railways Board -v- Herrington HL (lip, [1972] AC 877, [1972] 2 WLR 537, [1971] 1 All ER 749, Bailii, [1972] UKHL 1)
    The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
    Held: Whilst a land-owner owes no general duty of care to a . .

MS and Others (Family Reunion: ‘In Order To Seek Asylum’) Somalia: AIT 15 Sep 2009

References: [2009] UKAIT 00041
Links: Bailii
AIT The family reunion provisions of para 352A et seq do not extend to the family members of those whose own status derives only from those Rules. In those circumstances, a claimant cannot show that the sponsor left his country of former habitual residence ‘in order to seek asylum’ as required by the Rules.

BT Plc v HM Revenue and Customs; UTTC 3 Aug 2012

References: [2012] UKUT 278 (TCC)
Links: Bailii
Coram: Warren J P, Hellier TJ
UTTC VAT Bad debt relief – Insolvency Condition, Property Condition – whether valid under EU law – No; whether repayment claim resulted in a windfall contrary to EU law – need for reference – Yes; Time limit for making claims – whether time-barred as a result of overriding provisions of EU law.

R and R Fazzolari Pty Limited v Parramatta City Council etc; 2 Apr 2009

References: [2009] HCA 12
Links: Austlii
Coram: French CJ
(High Court of Australia) French CJ said: ‘Private property rights, although subject to compulsory acquisition by statute, have long been hedged about by the common law with protections. These protections are not absolute but take the form of interpretative approaches where statutes are said to affect such rights . . The attribution by Blackstone, of caution to the legislature in exercising its power over private property, is reflected in what has been called a presumption, in the interpretation of statutes, against an intention to interfere with vested property rights . . The terminology of ‘presumption’ is linked to that of ‘legislative intention’. As a practical matter it means that, where a statute is capable of more than one construction, that construction will be chosen which interferes least with private property rights’
This case is cited by:

Marks and Spencer Plc v HM Revenue and Customs; UTTC 21 Jun 2010

References: [2010] UKUT 213 (TCC), [2010] STC 2470
Links: Bailii
Coram: Warren J P, Sadler J
UTTC EUROPEAN LAW – group relief for losses of non-resident subsidiaries – whether there are no possibilities for those losses to be taken into account at the date of the group relief claim – date of valid claim where series of group relief claims – whether valid group relief claim can be made out of time – application of principle of effectiveness – method of quantifying losses for which group relief claim can be made
This case cites:

  • At FTTTx – Marks and Spencer plc -v- Revenue & Customs FTTTx (Bailii, [2009] UKFTT 00005 (TC), [2009] SFTD 1, [2009] UKFTT 64 (TC))
    FTTTx EUROPEAN LAW – group relief for losses of non-resident subsidiaries – whether there are no possibilities for those losses to be taken into account at the date of the group relief claim – no at the date of . .

This case is cited by:

  • At UTTC – Revenue and Customs -v- Marks and Spencer Plc SC (Bailii, [2013] UKSC 30, [2013] WLR(D) 191, [2013] STI 1899, [2013] 3 All ER 835, [2013] BTC 162, [2013] 1 WLR 1586, [2013] STC 1262, [2013] 3 CMLR 36, WLRD, UKSC 2011/0241, SC Summary, SC)
    The company wished to assign losses in its European subsidiaries against its profits. Since the losses were first claimed, the subsidiaries had gone into insolvent liquidation.
    Held: Lord Hope said: ‘I would answer the first issue by rejecting . .
  • Appeal from – HM Revenue and Customs -v- Marks and Spencer Plc CA (Bailii, [2011] EWCA Civ 1156, [2011] STI 2843, [2011] BTC 589, [2012] STC 231, [2011] NPC 103)
    The taxpayers claimed relief for losses incurred within their European subsidiaries. The claim having been referred to the ECJ, Moses LJ summarised the issues outstanding: ‘(i) Is the test that the ECJ established to identify those circumstances in . .

W M Morrison Supermarkets Plc v HM Revenue and Customs; UTTC 23 May 2013

References: [2013] UKUT 247 (TCC)
Links: Bailii
UTTC VAT – supply of disposable barbecues – whether VAT chargeable at a reduced rate on the charcoal element of the supply – reduced rate of VAT on solid fuel pursuant to Schedule 7A Group 1 Item 1(a) VATA 1994 – Commission v France Case C-94/09 considered – interaction with Card Protection Plan v C & E Case C-349/96 considered – significance of charcoal being a concrete and specific aspect of the supply – appeal dismissed.

Thompson v Australian Capital Television Pty Ltd; 10 Dec 1996

References: (1996) 141 ALR 1, (1996) 186 CLR 574, (1996) 71 ALJR 131, [1997] Aust Torts Reports 81-412, (1996) 20 Leg Rep 24
Links: Austlii
Coram: Dawson, Toohey, Gaudron, Gummow JJ
High Court of Australia – Torts – Joint tortfeasors – Release – Effect of release of one joint tortfeasor on other joint tortfeasors – Effect on common law of s 11 of the Law Reform (Miscellaneous Provisions) Act 1955 (ACT) – Whether cause of action against joint tortfeasors one and indivisible.
Defamation – Defences – Innocent dissemination – Whether available to television station which retransmits unchanged to different area a program produced by another – Whether television station a subordinate publisher.

GR Solutions Ltd v HMRC; UTTC 19 Jun 2013

References: [2013] UKUT 278 (TCC)
Links: Bailii
UTTC NATIONAL INSURANCE CONTRIBUTIONS – Income Tax (Earnings and Pensions) Act 2003, s 114 – whether car purchased outright by employee who then sold interest in it to employer was during the co-ownership period ‘made available’ to the employee – held yes – Vasili applied – appeal dismissed.’
Statutes: Income Tax (Earnings and Pensions) Act 2003 114

Brooke v Garrod; 20 Jul 1857

References: [1857] EngR 783, (1857) 3 K & J 608, (1857) 69 ER 1252
Links: Commonlii
This case cites:

  • See Also – Brooke -v- Garrod ((1857) 3 K & J 608, (1857) 2 De G & J 62, [1857] EngR 4 (B), Commonlii)
    The testator directed his trustees to offer all his real estate to his brother at the price of £2,500, but if he should not, within one calendar month after the death, signify his desire to accept the real estate at that price, or should not, . .

Bosch v Perpetual Trustee Co: 1938

References: [1938] AC 463
If a Court finds that the testator has been guilty in all the circumstances of a breach of moral obligation owed by a father towards his child, by leaving the child in straitened financial circumstances, the Court must ensure that adequate provision is made for the child out of the estate, having regard to his need for maintenance and support.
This case is cited by:

  • Cited – Goodchild and Another -v- Goodchild CA (Times 12-May-97, Bailii, [1997] EWCA Civ 1611, [1997] 3 All ER 63, [1997] 1 WLR 1216)
    The deceased and his wife made wills in virtually identical form. The husband changed his will after their divorce, but his son and other wife claimed that the couple had intended the wills to be part of a larger arrangement of their affairs, . .

(This list may be incomplete)
Last Update: 19-Nov-15 Ref: 214598

AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003

References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091
Links: Bailii
Coram: The President
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration.
Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to family life was proportionate and necessary.
Statutes: Family Law Act 1986 55A, Human Fertilisation and Embryology Act 1990 28 29
This case cites:

  • Cited – U -v- W (Attorney-General Intervening) FD (Gazette 19-Mar-97, Times 04-Mar-97, [1998] Fam 29, [1997] 2 FLR 282)
    The restriction on the freedom to provide human fertility treatment to licensees of the Authority was not a breach of the EU treaty. There is a particular need for certainty in provisions affecting the status of a child. There is a mental element . .
  • Cited – Pepper (Inspector of Taxes) -v- Hart HL (lip, [1992] 3 WLR 1032, [1993] AC 593, [1993] 1 All ER 42, Bailii, [1992] UKHL 3)
    The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
  • Cited – Marckx -v- Belgium ECHR (6833/74, (1979) 2 EHRR 330, Bailii, [1979] ECHR 2)
    The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. . .
  • Cited – Kroon And Others -v- The Netherlands ECHR (18535/91, (1995) 19 EHRR 263, Bailii, [1994] ECHR 35, ECHR, , Bailii, [1995] 2 FCR 28)
    Neither marriage nor living together were necessarily a requirement for establishing family ties, exceptionally other factors may . . serve to demonstrate that a relationship has sufficient constancy to create de facto ‘family ties’. The . .
  • Cited – Re B (Parentage) FD ([1996] 2 FLR 15)
    A mother applied for financial provision for her twin children under 1989 Act Sch 1. The father asked whether he was their parent within the Schedule. They had been born by artificial insemination. He accepted that he was the donor of the sperm and . .
  • Cited – Regina -v- Human Fertilisation and Embryology Authority ex parte DB CA (Times 07-Feb-97, Bailii, [1997] EWCA Civ 946, [1997] 2 WLR 806, Bailii, [1997] EWCA Civ 3092, [1999] Fam 151, Bailii, [1997] EWCA Civ 4003)
    At the applicant’s request samples of sperm were taken from her husband hours prior to his death, when he was in a coma.
    Held: Sperm cannot lawfully be taken from a comatose man in order later to allow his surviving wife to be artificially . .
  • Cited – McMichael -v- United Kingdom ECHR (Times 02-Mar-95, (1995) 20 EHRR 205, Bailii, 16424/90, ECHR, , Bailii, [1995] ECHR 8)
    In the course of care proceedings, medical and social services’ reports were disclosed to the courts, but not to the parents involved.
    Held: The courts’ failure to show reports to the parents in care proceedings was a breach of the Convention. . .
  • Cited – Re H; Re G (Adoption: Consultation of Unmarried Fathers) CA ([2001] 1 FLR 646)
    Not every natural father has a right to respect for his family life with regard to every child of whom he may be the father (see also McMichael v United Kingdom (1995) 20 EHRR 205). The application of Art 8(1) will depend upon the facts of each . .
  • Cited – Re S (Freeing for Adoption) CA ([2002] 2 FLR 681, [2002] EWCA Civ 798)
    If parliament always foresaw what possibilities might arise, courts would never have anything to interpret. . .
  • Cited – Mrs U -v- Centre for Reproductive Medicine CA ([2002] EWCA Civ 565)
    The 1990 Act lays great emphasis upon consent. Scientific techniques developed since the first IVF baby open up the possibility of creating human life in quite new ways bringing huge practical and ethical difficulties. These have to be balanced . .
  • Cited – Mikulic -v- Croatia ECHR (53176/99, Bailii, [2002] ECHR 27, Bailii, ECHR 2002-I)
    Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 8; Violation of Art. 13 with regard to the complaint under Article 6-1; Not necessary to examine Art. 13 with regard to the . .
  • Cited – Re R (A Child) CA (Bailii, [2003] EWCA Civ 182)
    . .
  • Cited – Regina (Rose and Another) -v- Secretary of State for Health and the Human Fertilisation and Embryology Authority Admn (Times 22-Aug-02, Bailii, Gazette 10-Oct-02, [2002] EWHC 1593 (Admin))
    Applications were made, challenging the refusal of the Secretary of State for Health, and the Human Fertilisation and Embryology Authority, to institute a system where a child born by artificial insemination could make enquiries as to his or her . .
  • Cited – Johansen -v- Norway ECHR (17383/90, (1997) 23 EHRR 33, Bailii, [1996] ECHR 31, ECHR, , Bailii)
    The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes.
    Held: Particular weight should be attached to the best interests of the child, which may override those of the . .
  • See also – Leeds Teaching Hospitals NHS Trust -v- Mr & Mrs A, YA, ZA, Mr & Mrs B T Authority QBD ([2003] 1 FLR 412)
    At a fertility clinic, eggs were fertilised with the sperm from the wrong father. It was noticed only because after the birth of the twins, the colour of their skin was different from the mother and putative father.
    Held: Difficult issues of . .

This case is cited by:

HLB Kidsons (A Firm) v Lloyds Underwriters (Policy No 621/Pkid00101) and others; Comc 22 Nov 2007

References: [2007] EWHC 2699 (Comm)
Links: Bailii
Coram: Gloster J
This case cites:

This case is cited by:

Re Doran Constructions Pty Ltd (in liq); 27 Mar 2002

References: [2002] NSWSC 215, 168 FLR 116, (2002) 194 ALR 101, 20 ACLC 909
Links: Austlii
Coram: Campbell J
Austlii (Supreme Court of New South Wales) CORPORATIONS – winding up – liquidator’s examination – circumstances in which liquidator entitled to ask questions relating to legal advice given to company in liquidation – EVIDENCE – liquidator’s examinations – whether evidence given at is governed by Evidence Act 1995 (NSW) – EVIDENCE – legal professional privilege – circumstances in which joint retainer of solicitor exists – EVIDENCE – procedure to adopt when deciding whether legal professional privilege does not exist – EVIDENCE – waiver of client legal privilege – disclosure of substance of advice – disclosure made knowingly and voluntarily – disclosure by agent or employee authorised to make it – disclosure made under compulsion of law
This case is cited by:

Laythoarp v Bryant; 16 Jan 1835

References: , [1835] EngR 383, (1835) 1 Bing NC 421, (1835) 131 ER 1179
Links: Commonlii
Plaintiff put up to sale by auction a lease of premises, which he occupied as assignee of the lease, stipulation not to produce any title prior to the lease. In an action against a purchaser for not completing his purchase, in which action Plaintiff declared he was possessed of the lease, Held, the Defendant having rejected the abstract, that Plaintiff was bound to prove the execution of the lease by calling the attesting witness, and that it was not sufficient to prove the assignment to Plaintiff.
This case is cited by:

  • Appeal from – Laythoarp -v- Bryant ([1836] 3 Scott 238, Commonlii, [1836] EngR 652, (1836) 2 Bing NC 735, (1836) 132 ER 283)
    The Defendant purchased certain leasehold premises at an auction, and signed a memorandum of the purchase on the back of a paper containing the particulars of the premises, the name of the owner, and the conditions of sale: Held, that the Defendant . .

Taylor v Chief Constable of Chester; 28 Oct 1986

References: [1986] 1 WLR 1479, Times 28-Oct-1986
Evidence as to the content of a video recording might be admissible even though the tape itself was not made available.
This case is cited by:

  • Cited – Attorney General’s Reference (No 2 of 2002) CACD (Times 17-Oct-02, Bailii, [2002] EWCA Crim 2373, [2003] 1 Cr App R 321, [2003] Crim LR 192)
    The defendants had been seen on video. The prosecution sought to admit, in addition to the video evidence itself, evidence from police officers as to the identity of persons claimed to be shown on the tape. The officers evidence was offered but not . .

Vehicle Control Services v HM Revenue and Customs; UTTC 2 May 2012

References: [2012] UKUT 131 (TCC)
Links: Bailii
Coram: Berner, Aleksander TJJ
UTTC VALUE ADDED TAX – supply of parking control services – whether parking charges collected and retained by operator were consideration for a supply – whether outside the scope of VAT as damages for trespass or damages for breach of a contract between the operator and the motorist – whether additional consideration payable by landowner for provision of parking control services – appeal dismissed

University of Wollongong v Merwally; 22 Nov 1984

References: (1984) 158 CLR 447
Links: Austlii
Coram: Deane J
(High Court of Australia) Deane J said: ‘A parliament may legislate that, for the purposes of the law which it controls, past facts or past laws are to be deemed and treated as having been different to what they were. It cannot however objectively expunge the past or alter the facts of history.’
This case is cited by:

  • Cited – Kleinwort Benson Ltd -v- Lincoln City Council etc HL (Gazette 18-Nov-98, Gazette 10-Feb-99, Times 30-Oct-98, House of Lords, Bailii, [1998] UKHL 38, [1999] 2 AC 349, [1998] 4 All ER 513, [1998] 3 WLR 1095, [1998] Lloyds Rep Bank 387)
    Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were . .
  • Cited – Hazell -v- Hammersmith and Fulham London Borough Council HL ([1992] 2 AC 1, [1991] 2 WLR 372, [1991] 1 All ER 545)
    The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .

Nettleton v Burrell; 19 Nov 1844

References: [1844] EngR 988 (A), (1844) 7 Man & G 35
Links: Commonlii
Where a revising barrister having assented to the substance of a special case agreed upon between the parties thereto, but died without having finally settled the terms in which the statement should be made, the court refused to allow the case to be entered. Whether, supposing the assent of the revising barrister to have been given to the special case in its terms, the court would allow the case to be entered without his signature after his death, quaere.

Voaden v Champion, ‘The Baltic Surveyor’: 2001

References: [2001] 1 Lloyd’s Rep 739
Coram: Colman J
This case is cited by:

  • Appeal from – Voaden -v- Champion ( ‘Baltic Surveyor’ ) CA (Bailii, [2002] EWCA Civ 89, [2002] 1 Lloyd’s Rep 623)
    The ‘Baltic Surveyor’ was lost at its moorings in a storm. A neighbouring ship had been negligently secured, and freed itself and sank the Baltic Surveyor. The owner appealed findings as to the value of the boat, and securing pontoon. She asserted . .

S v Mthembu; 10 Apr 2008

References: 379/07, [2008] ZASCA 51, [2008] 3 All SA 159 (SCA), [2008] 4 All SA 517 (SCA), 2008 (2) SACR 407 (SCA)
Links: Saflii
Coram: Cameron, Maya et Cachalia JJA
Saflii (South Africa: Supreme Court of Appeal) The evidence of an accomplice extracted through torture, (including real evidence derived from it), is inadmissible, even where the accomplice testifies years after the torture. The link was inextricable.
This case is cited by:

  • Cited – Her Majesty’s Advocate -v- P SC (Bailii, [2011] UKSC 44, Bailii Summary, 2012 SC (UKSC) 108)
    (Scotland) The appellant had been interviewed by police without being offered access to a solicitor. He complained that the interview and information obtained only through it had been used to found the prosecution.
    Held: The admission of the . .

HM Revenue and Customs v Hanson (As Trustee of The William Hanson 1957 Settlement); UTTC 17 May 2013

References: [2013] UKUT 224 (TCC)
Links: Bailii
Coram: Warren J
UTTTC INHERITANCE TAX – deemed transfer on death – deceased’s estate included a farmhouse – whether the farmhouse was agricultural property within section 115(2) Inheritance Tax Act 1984 – nature of the nexus required between a farmhouse and the agricultural land or pasture etc. in the definition – whether such nexus was occupation and ownership or only occupation -held, the nexus is only occupation – Special Commissioner’s decision in Rosser v IRC [2003] STC (SCD) 311 not followed – appeal from Tax Chamber dismissed.

Parkin v Thorold; 2 Jun 1851

References: [1851] EngR 542, (1851) 2 Sim NS 1, (1851) 61 ER 239
Links: Commonlii
A purchase was to be completed on the 25th October. Before that, day arrived the purchaser, at the vendor’s request, extended the time to the 5th of November. The title, however was not completed on that day. Held, that the purchaser was at liberty to abandon the contract.
This case is cited by:

  • Appeal from – Parkin -v- Thorold CA ((1852) 22 LJ Ch 170, [1852] EngR 535, Commonlii, (1852) 16 Beav 59, (1852) 51 ER 698)
    The parties had exchanged contracts to complete on a day. The vendor requested a postponment and the buyer agreed. On the new day fixed, the title was still complete. The vendor now appealed against refusal of his request for an order for specific . .

Dublin Port and Docks Board v Bank of Ireland; 22 Jul 1976

References: [1976] IR 118
Links: Bailii
Coram: Griffin J
(Supreme Court of Ireland) The court discussed a bank’s obligation to process cheques issued by its customers: ‘a banker should pay his customers’ cheques in the order in which they are presented, subject to the interest of the customer being taken into account’.
This case is cited by:

  • Cited – Office of Fair Trading -v- Abbey National Plc & seven Others ComC (Bailii, [2008] EWHC 875 (Comm), Times 29-Apr-08, Gazette 08-May-05)
    The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .

Owners of the ‘Boy Andrew’ v Owners of the ‘St Rognvald’: HL 1947

References: 1947 SC (HL) 70
Coram: Viscount Simon
The House should not alter the apportionment of responsibility for an accident assessed by the judge save in exceptional circumstances.
This case is cited by:

  • Cited – Robb -v- Salamis (M & I) Ltd HL (Bailii, [2006] UKHL 56, Times 22-Dec-06, 2007 SC (HL) 71, [2007] 2 All ER 97, [2007] ICR 175)
    The claimant was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had . .

Regina v Secretary of State for Education ex parte Talmud Torah Machzikei Hadass; 12 Apr 1985

References: Times 12-Apr-1985
Coram: Woolf J
The school challenged a decision of the respondent Secretary of State to the effect that it was not providing suitable education with the threatened loss of its accreditation. The teaching was based upon a narrow bible-centred fundamentalism.
Held: Woolf J said: ‘education is ‘suitable’ if it primarily equips a child for life within the community of which he is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child’s options in later years to adopt some other form of life if he wishes to do so.’ However: ‘the Secretary of State is entitled to regard a particular form of education as being too narrow but the requirements he lays down must not go beyond that which is necessary in his opinion to make the education suitable and he should be sensitive to the traditions of the minority sect and only interfere with them so far as this is necessary to make the school suitable.’

In re AA; COP 23 Aug 2012

Links: Judiciary
Coram: Mostyn J
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric care under the 1983 Act. She had had two previous children by caesarian section, and the doctors identified a clear risk of uterine rupture if she now attempted a natural birth. Given her mental condition, they feared a lack of co-operation on her part, and her psychiatrist said that in her present condition she lacked the mental capacity to make the decision for herself. Her doctors requested the court to make an order that the birth be a caesarian under conditions of control which would best guarantee the patient’s health and successful delivery.
Held: (ex tempore) The medical evidence was clear, from her psychiatrist as to capacity and from her gynaecoligist as to the best method of delivery, and both indicated the need for intervention. The order was made accordingly.
The court noted the interest of the local social services in their concern for the care of the child who might be born, and reminded them of the need for appropriate caution and due procedure in any ensuing proceedings.
Statutes: Mental Health Act 1983 3, Mental Capacity Act 2005
This case is cited by:

  • Cited – In re P (A Child) Misc (Bailii, [2013] EW Misc 20 (CC))
    Chelmsford County Court – The court heard an application by the local authority for an order freeing a child for adoption. The mother suffered a continuing mental health condition but that was presently under control.
    Held: The threshold . .
  • Cited – In re P (A Child) FD (Bailii, [2013] EWHC 4048 (Fam))
    A local authority applied for a reporting restriction order. The Italian mother when pregnant suffered mental illness. She ceased treatment to protect her unborn child and became psychotic and delusional and was detained in a mental hospital. She . .
  • Cited – Re P FD (Bailii, [2013] EWHC 4037 (Fam))
    A local council applied for a reporting restriction order in the context of a case as to which there had been substantial public discussion and conflict.
    Held: As to the child involved: ‘the arguments in favour of the continuing anonymisation . .