It is a universal rule that the plaintiff cannot recover more than he has lost and that realities must be considered rather than technicalities. The damages to be awarded for personal injury including loss of earnings should reflect the fact that tax would have been payable on those earnings in a case where the damages … Continue reading British Transport Commission v Gourley: HL 1955
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job. Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. Hamblen J [2009] EWHC 1253 (QB) Bailii England and Wales Citing: Cited – Fowkes And Another, … Continue reading Cheltenham Borough Council v Laird: QBD 15 Jun 2009
The defendant sought certiorari of a refusal of an adjournment of his hearing by the respondent. His defence team had requested an adjournment for a psychiatric report. The court had said such a report would not go as to mens rea. Held: The divisional court did have power to review a decision of the court … Continue reading Regina v District Court Martial Sitting at RAF Lyneham (ex parte SAC Wayne Robert James Stoodley): Admn 20 May 1998
Offence of conduct with prejudice to good order did not require blameworthiness to be shown. The standard work is incorrect. Case of R v Miller demonstrates the error. Citations: Times 09-Apr-1998 Statutes: Air Force Act 1955 69 Crime, Armed Forces Updated: 09 April 2022; Ref: scu.86555
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. In this case however the summing up was so … Continue reading Regina v Derek William Bentley (Deceased): CACD 30 Jul 1998
The appellants had imported Playstation computer games. They appealed refusal of a rebate of 50 million euros paid in VAT before a reclassification of the equipment so as to make it exempt from VAT. Held: ‘The effect of the annulment of a Community act under Articles 230 and 231 EC Treaty is to render that … Continue reading Sony Computer Entertainment Europe Ltd v Customs and Excise: ChD 27 Jul 2005
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The plaintiff had been a technical sergeant in the United States Air Force; his pay had been $450 per month and after his injuries caused by the negligence of the defendants’ driver he received only a ‘veteran’s benefit’ of $217 per month Held: He must ‘give credit for all sums which he receives in diminution … Continue reading Browning v War Office: CA 1962
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 trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal. Held: The practice at preparatory hearings has been the subject of dispute. Lord Nichols said: ‘the … Continue reading H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007
The appellant was waiting for a train when his bag was stolen. After a search, the thief tried to deter the appellant from calling the police by suggesting that the bag contained items the appellant should not be carrying. From the bag the appellant produced a curved martial arts sword, in its sheath. He testified … Continue reading Wang, Regina v: HL 10 Feb 2005
A petitioner for a decree of nullity of an English marriage in the English courts on the grounds of lack of consent to the marriage, having failed to obtain such decree, obtained a declaration from the Belgian court that the English marriage, was void ab initio on the ground that the marriage was merely a … Continue reading Vervaeke v Smith: HL 1983
The claimant alleged undue influence. As a young singer he had entered into a management agreement with the defendant which he said were prejudicial and unfair. The defendant argued that the ‘doctrine of restitutio in integrum applied only to the rescission of contracts for misrepresentation or mistake, and did not apply to equitable relief where … Continue reading O’Sullivan v Management Agency and Music Limited: CA 1985
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been purchased by contributions made by the plaintiff in the civilan scheme as to … Continue reading Parry v Cleaver: CA 9 May 1967
The parties had agreed to share any winnings from their Bingo activities. One sought to reject the contract as an unenforceable gaming contract. Held: The contention was rejected. It had been suggested that there had been no intention to create legally binding obligations. A promise given in purely social circumstances might not normally be found … Continue reading Robertson v Anderson: IHCS 5 Dec 2002
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
Corts Martial System Complant with Human Rights The applicants were each convicted by courts martial of offences under civil law. They claimed that the courts martial were not independent tribunals because of the position of the president of the court, and that it was wrong to try a serviceman by court martial an offence committed … Continue reading Regina v Boyd, Hastie, Spear (Courts Martial Appeal Court), Regina v Saunby, Clarkson, English, Williams, Dodds, and others: HL 18 Jul 2002
