The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963
Judges: Phillips J Citations: (1975) 31 P and CR 120 Jurisdiction: England and Wales Citing: Cited – Re Poyser and Mills’ Arbitration 1963 The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons … Continue reading Hope v Secretary of State for the Environment: 1975
Lord Dilhorne said of the words ‘to be settled in London’: ‘At first sight those words appear to me to mean no more and no less than that the contributions to be made have to be determined in London and paid there, and that implies determined in accordance with English law.’ The phrase ‘to be … Continue reading Union of India v Aaby’s Rederi A/S, The Evje: HL 1975
The court was asked as to the effect of a telex sent by the buyers to the sellers, notifying them that if a notice of appropriation was not received by the following day, then the buyers would treat the sellers as being in default, under clause 26 of the GAFTA Form 100. In fact the … Continue reading Alfred C Toepfer v Peter Cremer: CA 1975
Ormrod LJ said: ‘But it must be a matter entirely for the judge to look at all the facts and the financial situation of each party and taking into account the fact that they made this agreement which to my mind is a very important piece of conduct under section 25 of the Matrimonial Causes … Continue reading Brockwell v Brockwell: CA 5 Nov 1975
The issue was whether an English court was able to award damages in Sterling only.
Held: The House distinguished clearly between the substance of the debtor’s obligations and the effect of English procedural law when a debt in a foreign . .
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The plaintiff sought to enforce a Chinese award following an arbitration in which the arbitration rules current at the time when the dispute arose rather than the old rules current at the time of agreement had been applied. Held: The court enforced a foreign award although a defence within the Arbitration Act 1975 and the … Continue reading China Agribusiness Development Corporation v Balli Trading: 1998
The insurance company claimant had insured a cargo under a voyage charter made by the defendant as charterer with the claimant as time charterer and disponent owner of the vessel. The charter had an arbitration clause. The cargo was damaged in a fire and steps taken to extinguish it. The insurers began proceedings in Brazil … Continue reading Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997
Judges: Teare J Citations: [2009] EWHC 1975 (Comm), [2010] 1 Lloyds Rep 183, [2009] 2 CLC 446 Links: Bailii Statutes: Arbitration Act 1996 68 69 70 Jurisdiction: England and Wales Cited by: See Also – Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria ComC 7-Oct-2010 The courts do not approach arbitration … Continue reading Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd Of Nigeria: ComC 31 Jul 2009
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
An order allowing demolition of a listed building was possible even though the building itself remained viable. The function of the courts was to validate the decision making process, not the merits of the decision.Lord Bridge analysed the effect of the requirement to show ‘substantial prejudice’, saying: ‘Whatever may be the position in any other … Continue reading Save Britain’s Heritage v Number 1 Poultry Ltd: HL 28 Feb 1991
AIC had used the 1920 Act to register a judgment obtained in Nigeria against the Nigerian Government. The underlying matter was a commercial transaction. Nigeria applied to set the registration aside, saying that registration was an adjudicative act and that Nigeria was protected by state immunity by reason of section 1 of the 1978 Act. … Continue reading AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria: QBD 13 Jun 2003
A sum was held to be due from that company in US dollars under a lease and another agreement which were both governed by the law of Pennsylvania. Held: The sum provable in the liquidation of the company was to be converted at the rates of exchange prevailing at the respective dates when the several … Continue reading In re United Railways of Havana and Regla Warehouses Ltd; Tomkinson v First Pennsylvania Banking and Trust Co: HL 1960
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011
A contract of insurance provided an indemnity for ‘all sums which the insured shall become legally liable to pay as compensation in respect of loss of property’. The claim was by the Post Office against a contractor, Potters, for damaging one of their cables which in consequence the Post Office had to repair. Before the … Continue reading Post Office v Norwich Union Fire Insurance Society Ltd: CA 1967
The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that original price. Held: The tenant’s appeal was … Continue reading Martin v Medina Housing Association Ltd: CA 31 Mar 2006
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014
The claimant, now in liquidation, sought to have set aside for economic duress the mediated settlement of its dispute with the defendant. The defendant sought disclosure of legal and similar advice given to the claimant. Held: Paragon Finance overruled the whole of the decision in Hayes v. Dowding and that the commentary in Phipson more … Continue reading Farm Assist Ltd v Secretary of State for Environment Food and Rural Affairs: TCC 12 Dec 2008
Allegations were made of different varieties of fraud. Applications were made for freezing orders. Judges: David Steel J Citations: [2007] EWHC 1217 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975 Interim Injunctions in Patents CasesThe plaintiffs brought proceedings for infringement of their patent. The proceedings … Continue reading Fiona Trust Holding Corp and others v Privalov and others: ComC 21 May 2007
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance. Held: Such an order would question the legitimacy of the actions of a foreign sovereign state, and to … Continue reading Regina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 6 Nov 2002
The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. It was in effect part of a building scheme. The tribunal had found … Continue reading Shephard and others v Turner and Another: CA 23 Jan 2006
EAT Equal Pay Act – Material factor defence – In an equal pay claim involving a presumption of direct discrimination the genuine material factor defence requires justification by objective criteria.The claimant appealed dismissal of her action for equal pay, saying that the ‘material factor’ defence used to justify a different payment had been incorrectly applied. … Continue reading Sharp v Caledonia Group Services Ltd: EAT 1 Nov 2005
Application for leave to appeal against refusal to grant witness orders to attend arbitration. The respondent had argued that the request was too vague and broad. Held: Moore-Bick LJ said: ‘In order to answer the question raised in this case I think it is necessary to return to first principles with such assistance as may … Continue reading Tajik Aluminium Plant (Tadaz) v Hydro Aluminium As and others: CA 24 Oct 2005
The shipowner appealed the award against them of an injunction requiring them not to act inconsistently with a time charterparty. The company said that such a form of order was improper. Held: The existence of the contract to do what was required did not prevent an injunction being granted to achieve the same result. Scaptrade … Continue reading Lady Navigation Inc v Lauritzencool Ab and Another: CA 17 May 2005
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest was a matter of law or of procedure. Held: The issue of currency … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003
The court was asked to approve a settlement reached under the IFLA arbitration scheme. Held: The order was approved, but the court took the opportunity to give guidance. Judges: Sir James Munby P Citations: [2014] EWHC 7 (Fam) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Dean v Dean FD 1978 The wife said … Continue reading S v S: FD 14 Jan 2014
(Cayman Islands) whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration in New York on 10 June 1958 (the ‘New York Convention’), as implemented in the Cayman Islands by the Foreign Arbitral Awards Enforcement Act 1975 (1997 Revision) (‘the 1975 Act’), requires … Continue reading Gol Linhas Aereas Sa v Matlinpatterson Global Opportunities Partners (Cayman) and Others: PC 19 May 2022
The basic requirement for an issue estoppel to arise was that ‘the earlier determination relied on as raising an issue estoppel shall have been fundamental to the decision first arrived at’. The Board did not accept that an issue estoppel is impossible if the first decision could not be appealed. Judges: May LJ, Balcombe LJ … Continue reading Re State of Norway’s Application (No 2): CA 1988
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
The husband had left the wife for another woman. The parties had entered into a deed of separation under which the husband had paid two lump sums and agreed to make weekly payments of 20 pounds for the life of the wife. The deed included a covenant by the wife that she would not institute … Continue reading Hyman v Hyman: HL 1929
In the course of a settlement of divorce proceedings, a wife agreed to withdraw her claim for maintenance. She sought to re-open it. Held: the principle of Hyman v. Hyman applied, notwithstanding that the agreement between the parties had been approved by the court, under section 5 of the 1963 Act. Sir Gordon Willmer said: … Continue reading Wright v Wright: 1970
Insolvency, at least per se, does not amount to a special circumstance exempting an employer from consulting employees on redundancy. Morritt J noted the distinction in the Directive between contemplated and projected redundancies and section 99 to an employer ‘proposing to dismiss’ and said: ‘The Union contends that both those sections should be construed to … Continue reading In Re Hartlebury Printers Ltd: 1992
A London insurance brokerage company had been ordered to produce documents pursuant to a letter of request issued by a Californian court in proceedings brought by manufacturers of asbestos against their insurers. The 1975 Act empowered the court to make orders for the production of documents for use as evidence in proceedings abroad pursuant to … Continue reading In re Asbestos Insurance Coverage: HL 1985
The House was asked as to the effect of section 1(3) of the 1930 Act on policies including ‘pay or be paid’ clauses. Held: The central question was whether the condition of prior payment was rendered of no effect by section 1(3) of the Act of 1930. It is well established that an indemnity is … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (The ‘Fant’): HL 14 Jun 1990
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia. Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials involved personally. The court had been correct to reject the claim against the state. Despite other developments, … Continue reading Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another: CA 28 Oct 2004
Strike out – Realistic Not Fanciful Chance Needed The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear words. The judge … Continue reading Swain v Hillman: CA 21 Oct 1999
Abuse of Process and Re-litigation The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not … Continue reading C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
The agent required the contractual counterparty to pay a bribe of pounds 70,000 to an offshore account. Held: The bribe was held to be recoverable by the principal whether the principal rescinded or affirmed the contract because it was a secret profit. ‘The remedy is not confined to cases where the agent has taken a … Continue reading Logicrose Ltd v Southend United Football Club Ltd: CA 5 Feb 1988
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983
The parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of services pending arbitration. The court now gave its reasons for refusing the injunction. Stuart-Smith J [2014] … Continue reading AB v CD: QBD 3 Jan 2014
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause. Held: a dispute whether the contract can be set aside or rescinded for alleged … Continue reading Fiona Trust and Holding Corporation and others v Privalov and others: CA 24 Jan 2007
The FSA appealed against an order refusing its request for inquiries and production of accounting records by the defendant accountants to satisfy a request issued by the US Securities and Exchange Commission. Held: The FSA had properly assessed the request, considering the seriousness of the allegations, and the strong public interest in mutual assistance. Such … Continue reading Financial Services Authority (FSA) and Others v AMRO International Sa and Another: CA 24 Feb 2010
One container loaded with cigarettes was allegedly hi-jacked in Belgium en route between Switzerland and The Netherlands in September 2011, while another allegedly lost 756 of its original 1386 cartons while parked overnight contrary to express instructions near Copenhagen en route between Hungary and Vallensbaek, Denmark. The consignors claimed against English main contractors who undertook … Continue reading British American Tobacco Denmark A/S v Kazemier Bv: SC 28 Oct 2015
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
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 in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011
Contract Damages; What follows the Breach Naturaly The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying that the damages were too remote. Held: The case … Continue reading Hadley v Baxendale: Exc 23 Feb 1854
The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies. Held: The question remained whether the arbitrator had exceeded its powers, not whether they had been wrongly exercised. An error of law … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: HL 30 Jun 2005
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to quit an agricultural tenancy. Held: The notice had … Continue reading Mason v Boscawen: ChD 18 Dec 2008
H and W separated and in 1976, without any pressure H and at the instigation of W, signed a deed of separation negotiated through solicitors. H agreed to purchase a house for W, to confer on her capital benefits worth approximately andpound;100,000, to pay her andpound;16,000 a year and to make periodical payments for the … Continue reading Edgar v Edgar: CA 23 Jul 1980
The owners of a ship sought to rescind charters saying that they had been procured by bribery. Held: A claim to rescind a contract by reason of bribery fell within the scope of an arbitration clause under which the parties had agreed to refer to arbitration ‘any dispute arising under this charter’. The issue of … Continue reading Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov: HL 17 Oct 2007
Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for them by the employer. The drivers were convicted and the lorries impounded. The … Continue reading O’Leary International Ltd v North Wales Police: Admn 31 May 2012
Agreement to Negotiate is Unworkable as a Contract The buyers and sellers of a company agreed orally for the sellers to deal with the buyers exclusively and to terminate any negotiations between them and any other competing buyer. The sellers later decided not to proceed with their negotiations with the buyers and went on to … Continue reading Walford v Miles: HL 1992
LRA Costs : Parties Without Representation – Litigants in person – entitlement to costs and expenses; Litigants in Person (Costs and Expenses) Act 1975, s 1(1), (2); Civil Procedure Rules: CPR 2.3(3), 48.6(1) – . .
An arbitration award is perfected in the place where the arbitrator signs it, irrespective of where the arbitration to place. If the award is signed in a country party to the 1958 convention, being and forcible as a conventional Ward under the . .
Three Leases of the Peter Jones site to T’s predecessor in 1934 contained covenants by T to redevelop the site in two phases, the second of which related to the MackMurdo and Simon’s Street buildings and was to be completed by December 25 1987. In . .
References: (1843) 3 Hare 100, [1843] EngR 917, (1843) 67 ER 313 Links: Commonlii Coram: Sir James Wigram VC The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying … Continue reading Henderson v Henderson; 20 Jul 1843
