(Hong Kong) The buyer brought an action for damages for breach of a contract for the sale of goods. The measure of damages was the difference between the contract price and the market value of the goods at the relevant date. The evidence called at trial was all directed to the market value of the … Continue reading Tai Hing Cotton Mill Limited v Kamsing Knitting Factory (A Firm): PC 27 Jul 1977
The court considered whether to order a defamation trial to be heard by judge alone, rather than before a jury. Held: The criterion that the trial requires a prolonged examination of documents is basic and must be strictly satisfied, and it is not enough merely to show that the trial will be long and complicated. … Continue reading Rothermere v Times Newspapers Ltd: CA 1973
Mrs D had been treated at hospital, and sought release of her records to establish whether she had any basis for a claim in negligence. The court considered whether an application under section 31 of the 1970 Act for pre-action discovery had been properly made. Given the delay, the court was asked whether a claim … Continue reading Dunning v United Liverpool Hospitals’ Board of Governors: CA 1973
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s administrators to assist it identifying who might else be liable. Held: The claimant could rely upon the … Continue reading First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004
ECJ Customs duties – charges having an effect equivalent to – meaning – phyto-sanitary examination – charges – imposition – prohibition (EEC Treaty, article 13 (2)) Pecuniary charges, whatever their amount, imposed for reasons of phyto-sanitary examination of products when they cross the frontier, which are determined according to criteria of their own, which criteria … Continue reading Rewe Zentralfinanz v Landwirtschaftskammer Westphalen-Lippe: ECJ 11 Oct 1973
The House considered a claim for public interest immunity. Held: Lord Simon of Glaisdale said: ‘the public interest which demands that the evidence be withheld has to be weighed against the public interest in the administration of justice that courts should have the fullest possible access to all relevant material . . but once the … Continue reading Regina v Lewes Justices ex parte Secretary of State for the Home Department; Rogers v Home Secretary: HL 1972
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
In order to satisfy the requirements for obtaining statutory relief under the 1970 Act, the mortgagor had to be able to show that he was likely to be able to pay within the reasonable period referred to not only the arrears of instalments but also the principal sum due under the mortgage. Sir John Pennycuick … Continue reading Halifax Building Society v Clark: ChD 1973
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later trial of others. The plaintiff sought damages in defamation. Held: The documents which … Continue reading Taylor and Others v Director of The Serious Fraud Office and Others: HL 29 Oct 1998
The House considered the bringing of contempt proceedings by the Attorney General. Held: The Attorney General must prove to the criminal standard of proof that the respondent had committed an act or omission calculated to interfere with or prejudice the due administration of justice; conduct is calculated to interfere with or prejudice the due administration … Continue reading Attorney-General v Times Newspapers Ltd: HL 1973
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The court considered the combined effect of both sections. Griffiths LJ said: ‘It is the intention of both sections to give a measure of relief to those people who find themselves in temporary financial difficulties, unable to meet their commitments . .
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The starting point for assessing the period of time over which a court should order the repayment of arrears under a mortgage, when considering the need for a possession order, is the remaining balance of mortgage term. Judges: Evans, Waite LJJ, Sir John May Citations: Gazette 17-Jan-1996, Independent 14-Dec-1995, Times 08-Dec-1995, [1995] EWCA Civ 11, … Continue reading Cheltenham and Gloucester Building Society Plc v Norgan: CA 5 Dec 1995
This appeal raises a short but important point of principle of great practical significance in relation to the standard form of suspended possession order used in mortgage cases and granted on a daily basis in hundreds of County Courts up and down the land. The appellant had fallen into arrears in the mortgage secured in … Continue reading Zinda v Bank of Scotland Plc: CA 23 Jun 2011
The District Judge is to exercise his discretion informally on suspending possession, and need not apply the rules of evidence rigidly. He may consider that the defendant has sufficent means to support a clearance of the arrears over a reasonable period of time and thus to suspend the rder for possession, without taking direct evidence … Continue reading Cheltenham and Gloucester Building Society v Grant: CA 23 May 1994
Appeal by Mr Parker against the judgment dismissing Mr Parker’s appeal against the Order of Master Bell refusing a stay on possession by Santander (UK) PLC of the appellant’s dwelling house. Held: A promissory note was equivalent to cash, but only if backed by assets to pay on it. The application was quite without merit. … Continue reading Santander (UK) Plc v Parker: CANI 16 Jun 2015
The applicant’s property was charged to the defendant. At the time it was not occupied. The mortgage fell into arrears, and after serving notice at the property, the bank took posssession and sold the property at auction. The claimants said the bank should have taken possession only after court proceedings. Held: A lender taking possession … Continue reading Ropaigealach v Barclays Bank plc: CA 6 Jan 1999
The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial. Held: The appeal failed. … Continue reading Regina v Cotter and Others: CACD 10 May 2002
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that … Continue reading George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004
The appellant argued that, since the Crown had had no power to make laws for the colony of Ceylon which offended against fundamental principles, at independence it could not hand over to Ceylon a higher power than it possessed itself. Held: The power of the King in Council to make prerogative orders in respect of … Continue reading Campbell v Hall: 1774
When commencing proceedings under the Act, the papers were defective. The secretary of state had failed to give appropriate notice, and thus prevented him from making representations as to the allegations. The allegations involved the manipulation of cheques to create artificial balances. Held: In this case the Secretary of State’s papers contained irrelevant matters and … Continue reading The Secretary of State for Trade and Industry v Swan and Othes: ChD 22 Jul 2003
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death. Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether the copyright should be enforced the relevant issues would be ones arising from the work itself, … Continue reading Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000
Application by Her Majesty’s Attorney General for an order committing the respondent to prison for contempt of court. Judges: Dame Victoria Sharp, Warby J Citations: [2019] EWHC 1791 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Skipworth’s Case, Onslow v Skipworth; Regina v Castro 1873 The Attorney-General proceeded against the respondent for contempt, … Continue reading HM Attorney General v Yaxley-Lennon: QBD 9 Jul 2019
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The claimant was a tenant of agricultural land. He sought repairs, and served a notice on the executors of the now deceased landlord, but only later were letters of administration granted to the defendants. The judge had found the service of the notice good, because he had no notice of whom the notice could be … Continue reading Lodgepower Ltd v Taylor: CA 22 Oct 2004
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
Injunctions had been granted against the Trades Unions to prevent them undertaking stike action. Proceedings for contempt were brought against the union after blacking had continued, despite the fact that the union through its national and local officers had advised its shop stewards to obey the court order, which advice had been rejected. The House … Continue reading Heaton’s Transport (St Helen’s) Ltd v Transport and General Workers’ Union: HL 1972
The High Court had found the plaintiff to be a charity, and ordered the Attorney-General to be joined in. The A-G appealed that order saying that the plaintiff was not a charity within the 1993 Act. The charity sought to spread the Vaishnava religion in London. Held: Charities Act jurisdiction is restricted to charities registered … Continue reading Gaudiya Mission and others v Brahmachary: CA 30 Jul 1997
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
(Australia) Criminal Law – Jury – Impartiality – Murder trial – Juror giving flowers to victim’s mother – Whether juror or jury to be discharged Appropriate test – Reasonable apprehension of lack of impartiality or real danger of lack of impartiality. Evidence – Criminal trial – Accomplice inculpating accused – Whether accomplice warning necessary – … Continue reading Webb and Hay v The Queen: 30 Jun 1994
Reference to Parliamentary Papers behind Statute 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 cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
The parties entered into a contract for the demolition and building of offices. They sought to refer differences to arbitration. The issue as to whether the long or short prescription period operated so as to time bar some parts of the claim. Held: Time began to run only from the time of the issue of … Continue reading Scottish Equitable Plc v Miller Construction Ltd: IHCS 31 Aug 2001
Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003
Ministers May Act through Civil Servants The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an official within the Ministry of Works and Planning. … Continue reading Carltona Ltd v Commissioners of Works: CA 1943
The Solicitor General sought the committal of the respondent for alleged contempt of court. There had been repeated litigation between the respondent and her former husband as to whether the children should live in Spain with the father or in Wales with the mother. An order, with penal notice attached requiring the respondent to return … Continue reading Jones, Re (Alleged Contempt of Court): FD 21 Aug 2013
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
The company had obtained legal advice but had taken it from their accountants. The Revenue sought its disclosure, and the company said that as legal advice it was protected by legal professional privilege. Held: The material was not protected. The privilege given under the Act by virtue of the Morgan Grenfell decision was limited to … Continue reading Prudential Plc and Another, Regina (on the Application of) v Special Commissioner of Income Tax and Another: Admn 14 Oct 2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of his case in the US. The remaining issue was as to … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009
Massey worked as Crown Life’s manager under 2 contracts, one a contract of employment, the other a contract of general agency. Tax and other contributions were deducted from wages paid under the former, while commission was paid under the agency contract. Under the agency contract Massey could work for other insurance brokers. Later, with Crown … Continue reading Massey v Crown Life Insurance Company: CA 4 Nov 1977
The defendants considered publication of alleged financial irregularities by the claimant, who sought to restrain publication. The defendants argued that under the Act, prior restraint should not be used unless a later court would be likely to restrict publication. The court below held the test is not that of the balance of probabilities but rather … Continue reading Cream Holdings Limited and others v Banerjee and The Liverpool Daily Post and Echo Limited: CA 13 Feb 2003
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
The appellant challenged a confiscation order made on his conviction of VAT fraud. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the . .
