It was a necessary part of the system of statutory transfers of insurance obligations under the Act, that the rights should be transferred before exhaustion of any policy excess, and notwithstanding the insolvency. The rights (inchoate at this stage) are transferred on insolvency even where there is an, as yet unreached, excess in the policy … Continue reading Centre Reinsurance International Co and Another v Curzon Insurance Ltd: ChD 12 Feb 2004
The applicant was sentenced to two years’ imprisonment for theft. He had a previous convictions and was thought to have a persistent tendency to crime, and was placed at the government’s disposal for 10 years on that ground. This was subject to appeal, and was classified not as a security measure but as a penalty … Continue reading Van Droogenbroeck v Belgium: ECHR 24 Jun 1982
Appeal against mortgagee possession order. Held: S 36 relief is in practice to be limited to a restricted range of cases – ‘for, if the mortgagor was already in difficulties with his instalments, the chances of his being able to pay off the whole principal as well in a reasonable time must be considered fairly … Continue reading Habib Bank Ltd v Gulabhai Naginbas Tailor: CA 25 May 1982
The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings. Held: The documents were disclosed under an obligation to use them for the instant case only. That rule was imposed because ‘Discovery constitutes a very serious invasion of the privacy and … Continue reading Home Office v Hariette Harman: HL 11 Feb 1982
Remission of Sentence is a Privilege not a Right The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time limits. Held: The forfeiture … Continue reading O’Reilly v Mackman: HL 1982
Omnibus Survivorship Clauses Wills for two people hade been drafted with survivorship clauses which provided for others according to the order in which they died, but in the event, having died together it had been impossible to say which died first. The parties disputed the effect of an omnibus survivorship clause. Held: ‘the question is … Continue reading Jump and Another v Lister and Another: ChD 12 Aug 2016
The appellant challenged the introduction in evidence of a previous inconsistent statement lodged on his behalf by counsel on a Plea and Case Management Form at a directions hearing. Held: The appeal was allowed. An advocate plainly has implied actual authority to do what is normally incidental, in the ordinary course of his profession, to … Continue reading Newell, Regina v: CACD 30 Mar 2012
The case involved an appeal from the Land’s Tribunal arbitration award setting compensation for land to be acquired. The question was whether the value should have been that acceptable to a willing seller, or to a ‘a company regulated and subsidised . .
Mr and Mrs Rawlings had made wills in substantially similar format, but, mistakenly, they each executed the will intended for the other. After Mr Rawling died, the family disputed whether he had made a will. Mrs Rawling applied for rectification of . .
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Application for award of provisional damages. Lord Brailsford  ScotCS CSOH – 160 Bailii Administration of Justice Act 1982 12 Scotland Updated: 23 December 2021; Ref: scu.539158
The defendant appealed saying that the court clerk had signed the indictment in the wrong place. Held: The signature had been intended to validate the indictment. The appeal failed. Citations: (1989) 90 Cr App R 450 Statutes: Administration of Justice (Miscellaneous Provisions) Act 1933 1 2, Indictment (Rules) 1971 (1971 No 1253) 4(1) Jurisdiction: England … Continue reading Regina v Laming: CACD 1989
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000
English proceedings were issued to claim against a partnership. Simultaneously proceedings were issued in Greece, but the Greek proceedings were served on the London parties first. The plaintiffs in Greece asked the English court to issue a stay of the English proceedings, they having issued first in Greece. The stay was granted. There had been … Continue reading Phillips and Another v Robin James Symes and Robin Symes Ltd: ChD 9 Jul 2001
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
A party had purported to sue having taken an assignment of a dishonoured letter of credit, in the context of the abolition of maintenance and champerty as crimes and torts in the 1967 Act. Held: The assignment was struck down as champertous, creating: ‘the possibility, and indeed the likelihood, of a profit being made, [by … Continue reading Trendtex Trading Corporation v Credit Suisse: HL 1981
The plaintiff supplied petrol to the defendant but had not been paid. Anticipating the defendant winding up, the plaintiff got judgment and a charging order nisi. The defendant appealed against that order being made absolute, saying that this gave the plaintiff an unfair advantage in the winding up. The defendant appealed against the re-instatement of … Continue reading Roberts Petroleum Ltd v Bernard Kenny Ltd: HL 2 Jan 1983
Application to rectify the will under the 1982 Act. Held: The application succeeded. Henderson J said: ‘this case falls comfortably within the scope of clerical error within the meaning of section 20(1)(a). It appears to me plain that David was always meant to be included in the class of Beneficiaries for the purposes of the … Continue reading Bimson, Re The Estate of: ChD 26 Jul 2010
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 appellant appealed against a finding of contempt of court at common law as regards a report in Punch published when he had been its editor. Held: The appeal succeeded. The A-G had failed to establish the mens rea of contempt in the appellant.The issue boiled down to whether an injunction could bind a third … Continue reading Steen v Her Majesty’s Attorney General; Attorney-General v Punch Ltd and Another: CA 23 Mar 2001
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
A testatrix revoked her earlier will and, by an oversight and contrary to the testatrix’s instructions, her solicitor had failed to repeat in her later will, provisions of the earlier will exercising a testamentary power of appointment. The clerical error was due to an error in the process of recording the testator’s instructions, not in … Continue reading Wordingham v Royal Exchange Trust Co Ltd and Another: ChD 6 May 1992
No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in preparing to present the Bank’s case, and the Bank now appealed an order granting such access, … Continue reading Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004
A married couple had purported to make mirror wills, but by mistake had each executed the will of the other. Rectification was now sought. Held: The will did not comply with the 1837 Act and should not be admitted to probate. The testator had not intended to sign the document he had in fact signed. … Continue reading Marley v Rawlings and Another: ChD 3 Feb 2011
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 court considered how to apply the rule that an extradition may only be for trial on matters committed before the extradition if they have been the basis of the request to a defendant’s commission of contempt of court after conviction. After being subject to proceedings anticipating a prosecution for large scale financial fraud, the … Continue reading Regina v O’Brien: SC 2 Apr 2014
S6 of the 1986 Act proceedings had been stayed pending criminal proceedings in which the defendant was eventually convicted of conspiracy to defraud, sentenced to imprisonment and given a two year disqualification order under s2 by the trial judge, at the invitation of the defendants own counsel. The Secretary of State then applied to restore … Continue reading In Re Cedarwood Productions Ltd; In Re Inter City Print and Finishing Ltd; Secretary of State for Trade and Industry v Rayna and Another: ChD 3 Apr 2001
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself. Held: When asking whether material circumstances in a case might give rise to a reasonable apprehension of bias, the test was whether objectively … Continue reading In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association: CA 21 Dec 2000
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
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 appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She claimed that the dismissal was unfair, not having been given opportunity to … Continue reading Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a prisoner also wrongly accused of the same crime, in the percentage deduction made for their … Continue reading O’Brien and others v Independent Assessor: HL 14 Mar 2007
Crown Privilege for Documents held by the Polie The plaintiff probationary police constable had been investigated, prosecuted and cleared of an allegation of theft. He now claimed damages for malicious prosecution, and in the course of the action, sought disclosure of five documents, but these were withheld on the ground of Crown privilege. The House … Continue reading Conway v Rimmer: HL 28 Feb 1968
Having committed an offence whilst on licence, the judge had sentenced the defendant to a term of imprisonment to follow completion of the original sentence. The order drawn up by the clerk recorded that it should be served concurrently. He served . .
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 . .
In a case where a contemnor not only fails wilfully and contumaciously to comply with an order of the court but makes it clear that he will continue to defy the court’s authority if the order should be affirmed on appeal, the court must have a . .
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
The burden of proof which falls on a disappointed beneficiary who seeks rectification of the will, saying that the will did not give effect to a testator’s intentions, is an exacting one.
Chadwick J said: ‘Although the standard of proof . .
The defendant was to be charged with offences associated with terrorism. He had sought stay of the trial as an abuse of process saying that he had been tortured by English US and Pakistani authorities. The judge made an order as to what parts of the . .
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had . .
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the . .
A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties . .
The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution.
Application by Her Majesty’s Attorney General for an order committing the respondent to prison for contempt of court. . .
The parties were involved in an international investment dispute arbitration. An injunction had been sought to prevent repatriation of assets to Bolivia.
Held: The international system of arbitration was not subject to any national law and did . .
The appellant had been sentenced to life for firearms offences. After a successfully appeal, a retrial was ordered. More than two years had passed, after a previous attempt failed for absent witnesses.
Held: Referred to the US decision in . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The appellant company sought to recover assets which, it said, had been acquired by a former partner in breach of his obligations under the partnership agreement, but which had been taken in the names of some of the respondents. There had been an . .
The defendant appealed against an order made on the claimant’s assertion that there were due to it substantial underpayments of royalties over many years. The issues were as to the construction of licensing agreements particularly in the context of . .
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 . .