(Bombay) The Board considered whether the Crown was bound by section 222(1) and section 265 of the City of Bombay Municipal Act 1888, which in effect gave the Municipality power to carry water mains for the purposes of water supply through, across or under any street and ‘into, through or under any land whatsoever within … Continue reading The Province of Bombay v The Municipal Corporation of The City of Bombay and Another: PC 10 Oct 1946
(West Africa) The judge had failed to give a direction on provocation in a murder case where the issue properly arose. Lord Goddard said: ‘But if on the whole of the evidence there arises a question whether or not the offence might be manslaughter only, on the ground of provocation as well as on any … Continue reading Kwaku Mensah v The King: PC 1946
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 Secretary of State sought the winding up of the company. Directors offered undertakings as to their future behaviour. Held: The Court should be slow to accept such undertakings unless the Secretary consented. The company was solvent, but the basic trading model was not attractive, and allegations of fraud had been made. No great sum … Continue reading In the Matter of the Supporting Link; In the Matter of the Insolvency Act 1986: ChD 19 Mar 2004
The claimants sought to prevent the respondents from starting an evening newspaper entitled ‘THE MAIL’ as an infringement of their registered mark, and as passing off. In turn the defendant challenged the validity of the mark. Held: The word ‘Mail’ has not acquired a descriptive meaning, and nor is there any requirement in the law … Continue reading Associated Newspapers Limited, Daily Mail and General Trust Plc v Express Newspapers (an Unlimited Company, Incorrectly Sued As Express Newspapers Limited): ChD 11 Jun 2003
The complainant engaged in a lengthy correspondence with the Crown Prosecution Service (CPS) from February 2005 to September 2007 as part of a complaint he was pursuing. The correspondence contained a large number of requests, made under the Freedom of Information Act 2000 (the Act), to which the CPS provided a variety of responses. The … Continue reading Crown Prosecution Service (Decision Notice): ICO 3 Aug 2009
(Canada) the Board was asked whether a corporation was the occupant of an armaments factory so as to be liable to pay an occupation tax, and whether it was carrying on a business in the factory so as to be liable to pay a business tax. The answer to both questions depended on whether the … Continue reading City of Montreal v Montreal Locomotive Works Limited and Another: PC 24 Oct 1946
The defendants argued that they were not liable as guarantors under an Authorised Guarantee Agreement for a lease when the assignee tenant had become insolvent. Held: The guarantors were liable provided that the extent of the claim did not exceed their original liability. Judges: Lindsay J Citations: [2007] EWHC 775 (Ch) Links: Bailii Statutes: Landlord … Continue reading The Prudential Assurance Company Ltd v Ayres and Grew: ChD 3 Apr 2007
Promissory Estoppel Created The plaintiff leased a block a flats to the defendant in 1939, at an annual rental of pounds 2500. High Trees had difficulty in filling the flats because of the war, and the parties agreed in writing in 1940 to reduce the rental to a half. No time period for the reduction … Continue reading Central London Property Trust Ltd v High Trees House Ltd: KBD 18 Jul 1946
Ceylon – the joint effect of the Order in Council of 1946 and the Act of 1947 was intended to and did have the result of giving to the Ceylon Parliament the full legislative powers of a sovereign independent State. Citations: [1964] All ER 900, [1963] UKPC 34 Links: Bailii Statutes: Ceylon Independence Act 1947 … Continue reading Ibralebbe Alias Rasa Wattan Another v The Queen: PC 6 Nov 1963
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004
The defendant appealed against his conviction for murder, saying that he should have been only convicted of manslaughter, applying the new test for diminished responsibility as provided under the 1957 Act as amended, and particularly whether the judge should have given directions as to the meaning of ‘substantially’ in the context of his acknowledged impairment. … Continue reading Golds, Regina v: SC 30 Nov 2016
UTTC Procedure – appeal out of time – whether First-tier Tribunal applied the correct approach in considering whether appellant had a reasonable excuse – discretion at large – all relevant factors and circumstances to be taken into account, including merits of the case – no requirement for exceptional circumstances. Citations: [2013] UKUT 161 (TCC), [2013] … Continue reading Dominic O’Flaherty v HMRC: UTTC 4 Apr 2013
In 1955, the deceased defendant was convicted of murder, and later hanged. The court considerd a post mortem appeal by the CRCC and her family. It was suggested that she should have been found guilty of manslaughter having been provoked by the victim. Held: There was no dispute that Mrs Ellis had taken the gun … Continue reading Ruth Ellis v Regina: CACD 8 Dec 2003
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003
The House was asked whether the taxpayer association was established for ‘Charitable purposes only’ so as to benefit from tax exemptions. The association promoted sporting activities among members of the Glasgow police. Held: Though the purposes included charitable objects, they also included objects which were not charitable. Lord Normand: ‘what the Respondents must show in … Continue reading Inland Revenue Commissioners v Glasgow Police Athletic Association: HL 9 Mar 1953
Mr Zabrovsky’s son, Arie Ben Eliezer, a Palestinian citizen, was detained under emergency powers regulations. He was issued with an order requiring him to leave Palestine. He was then transported to a military detention camp in Eritrea. At the time, Eritrea was ‘held’ by the British under the control of a Chief Administrator. Proclamation No … Continue reading Zabrovsky v The General Officer Commanding Palestine: PC 4 Dec 1946
PC (Trinidad and Tobago) The appellant defendant was an attorney-at-law, and the respondent a senior magistrate who was said to have accused the claimant of having given a bribe. The appellant challenged the finding of slander, saying that he had not said what was alleged. Held: The appeal failed. It was essentially an appeal on … Continue reading Kwasi Bekoe v Horace Broomes: PC 31 Oct 2005
Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse possession of his own land. Held: ‘anyone who has possession of land can maintain an … Continue reading Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003
The claimants sought damages for sickness they claimed arose from exposure to radiation when erecting radio transmitter masts. The risk had been recognised, and a safety assessment undertaken and adjustments made to the transmitter power before work began, to reduce the levels below those recommended by the NRPB. The judge did not find evidence of … Continue reading Davis and Another v Balfour Kilpatrick Ltd and others: CA 23 May 2002
(Bengal) The appellant sought to claim a substantial inheritance. From many years before it had been thought that he had been buried after dying of syphilis. He claimed he had been resuscitated, taken away and brought up by sanyasi. His identity appeared to be subsequently accepted. The committee could not reverse a finding of fact … Continue reading Srimati Bibhabati Devi v Kumar Ramendra Narayan Roy and Others: PC 30 Jul 1946
Romer J discussed the test to be applied under section 11: ‘[Counsel] submitted to me the following propositions with regard to this section: (1) In all applications for registration of a trade mark the onus is on the applicant to satisfy the Registrar (or the Court) that there is no reasonable probability of confusion. (2) … Continue reading Re Jellinek’s Application: 1946
High Court of Australia – Courts and Judges – Bias – Prejudgment of issues and of credibility of witness – Refusal to withdraw.The defendant barrister resisted an application to strike his name off the roll. B, at the time a law student and later an applicant for admission to the roll as a barrister, had … Continue reading Livesey v New South Wales Bar Association: 20 May 1983
A motorcyclist crashed into the rear of a lorry stationary on the carriageway. The plaintff said that the parking of the lorry was a nuisance, and that if it had not been so parked, there would have been no accident. Held: The appeal failed. The accident was due wholly to the negligence of the motorcyclist. … Continue reading Dymond v Pearce: CA 13 Jan 1972
The complainants requested recorded information from the public authority about the SATs results of its Year 5 pupils. They also requested some of its policies. The Commissioner has determined that some information has been correctly withheld by virtue of section 40(2). This information consists of the names of children and letters relating to their teaching … Continue reading Bedgrove Junior School (Decision Notice): ICO 30 Jul 2009
labour exploitation – human trafficking – modern slavery – domestic servitude – minimum wage – domestic worker – employee rights -Immigration and Nationality Directorate – terms and conditions – wage deductions – special hearing arrangements – civil procedure – National Minimum Wage Act 1998 – family worker exemption – UK Visa – ECHR Art. 6 … Continue reading Ajayi v Abu and Another (Labour Exploitation : Human Trafficking : Modern Slavery): QBD 31 Jul 2017
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
Rylands does not apply to Statutory Works The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture. Held: The rule in Rylands v Fletcher continues to exist as a remedy … Continue reading Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater. Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is natural or man-made (the ‘hazard’ being an unstable mound of earth which was present on … Continue reading Leakey v The National Trust for Places of Historic Interest or Natural Beauty: CA 31 Jul 1979
Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
The defendants were to face trial on charges of making funds available to Iraq in breach of the 2000 Order. They said that the 2000 Order was ultra vires and ineffective, not having been made ‘forthwith’ after the UN resolution it was based upon, but some ten years later. Held: The appeal failed. The comparison … Continue reading Forsyth, Regina v, Regina v Mabey: SC 23 Feb 2011
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
Ceylon [1946] UKPC 7, [1946] AC 271 Bailii Commonwealth, Litigation Practice Updated: 29 December 2021; Ref: scu.544867
Diplomatic Protection Lost to Public Domain The claimant challenged the use of a Marine Protected Area Order to exclude the Chagossians from their homelands on their British Indian Overseas Territory. They had sought to have admitted and used in cross examination of witnesses leaked diplomatic material which they said would show that the decision to … Continue reading Bancoult, Regina (on The Application of) (No 3) v Secretary of State for Foreign and Commonwealth Affairs: SC 8 Feb 2018
The appellant wished to challenge the decision made by the respondent to declare a ‘no-take’ Marine Protected Area’ covering their former home islands of Chagos. They sought to have entered in evidence of an improper motive in the Minister making the decision. That evidence came from an unauthorised leak of diplomatic material. Held: The appeal … Continue reading Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 23 May 2014
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941
Local Council may not Sue in Defamation Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which supported the decision to lay down the … Continue reading Derbyshire County Council v Times Newspapers Ltd and Others: HL 18 Feb 1993
The plaintiffs as representatives of the Indian Tribes of Canada sought declarations that the 1982 Act which provided for the independence of Canada was invalid. They appealed the strike out of their claims, saying that they had not been consulted as required, and that the Act would prejudice their interests. It was said that a … Continue reading Manuel and Others v HM Attorney General: CA 30 Jul 1982
The claimant complained that the UK Armed forces had taken part in his unlawful rendition from Iraq by the US government. He had been detaiined in Iraq and transferred to US Forces. The government became aware that he was to be removed to Afghanistan, but were not notified. He remained detained by US Forces. An … Continue reading Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah: SC 31 Oct 2012
The claimant, chair of a political party, the English Democrats, said that a blog written and published on the Internet by the defendant was defamatory and contained malicious falsehoods. The blog was said to associate the claimant’s party with racism, saying that a BNP member had joined. The court now looked at whether the article … Continue reading Tilbrook v Parr: QBD 13 Jul 2012
R Ltd were in serious financial difficulties. The company’s overdraft with the appellant bank was almost twice its permitted limit. The company sought a loan of 1 million pounds from a financier, who was willing to lend the company that sum provided the company found the money necessary to pay the ordinary share dividend, a … Continue reading Barclays Bank Ltd v Quistclose Investments Ltd; etc: HL 31 Oct 1968
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain. Held: Much of the damage claimed was for economic loss. The number of people who would be brought within the … Continue reading D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others: QBD 31 Mar 2009
The claimants had operated the ‘History’ and associated variant TV channels and trade marks. The claimed that the defendant’s ‘Discovery History’ channels were in breach. The defendants challenged the validity of the trade marks. The court now considered the value of the claimant’s survey evidence. Held: The claimant had failed to produce evidence of sufficient … Continue reading A and E Television Networks Llc and Another v Discovery Communications Europe Ltd: ChD 1 Feb 2013
The plaintiffs sought damages and an injunction after the defendant company allowed chlorinated chemicals into the plaintiff’s borehole which made unfit the water the plaintiff itself supplied. Held: The appeal was allowed. Liability under Rylands for escape of materials from land is dependant upon proof of the foreseeability of damage of the relevant type. Here, … Continue reading Cambridge Water Company v Eastern Counties Leather Plc: HL 9 Dec 1993
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
Employers Liability for Worker’s Negligence A worker was injured by a negligently driven crane. The crane and Board’s driver were hired out to stevedores for loading work. The stevedores controlled the crane’s operations, but did not direct how the driver controlled the crane. The hire contract made the driver the employee of the defendant stevedores. … Continue reading Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd: HL 1946
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts below held, such a claimant must also establish a business with customers within the … Continue reading Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015
The plaintiff was employed by the Ministry of Defence, inspecting a weapons factory. A shell exploded injuring her. No negligence was alleged. The company worked as agent for the ministry. Held: The respondents were not liable, since there had been no escape from the land which was a pre-requisite to liability under Rylands -v- Fletcher. … Continue reading Read v J Lyons and Co Ltd: HL 1946
The claimant, displaced from the Chagos Archipelago, challenged a decision by the respondent to create a no-take Marine Protected Area arround the island which would make life there impossible if he and others returned. The respondent renewed his objection to the use of leaked materials, saying that this would be a breach of the Official … Continue reading Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 11 Jun 2013
The Treasury appealed against an order quashing its own 2006 Orders, giving effect to the obligations on the United Kingdom as a member of the United Nations to ensure that the assets of an individual designated by the UN were to be subject to . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 (if deportation order executed); Not necessary to examine Art. 3; Lack of jurisdiction (injunction to State) . .
References: [2013] UKUT 161 (TCC), [2013] STC 1946 Links: Bailii UTTC Procedure – appeal out of time – whether First-tier Tribunal applied the correct approach in considering whether appellant had a reasonable excuse – discretion at large – all relevant factors and circumstances to be taken into account, including merits of the case – no … Continue reading Dominic O’Flaherty v HMRC; UTTC 4 Apr 2013
References: (1983) 151 CLR 288, (1983) 47 ALR 45, (1983) 57 ALJR 420 Coram: Mason(1), Murphy(1), Brennan(1), Deane(1) and Dawson(1) JJ. High Court of Australia – Courts and Judges – Bias – Prejudgment of issues and of credibility of witness – Refusal to withdraw.The defendant barrister resisted an application to strike his name off the … Continue reading Livesey v New South Wales Bar Association; 20 May 1983
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
A defendant is deemed to have surrendered to court custody when attending as directed; a surety was not estreated when he failed to attend at a later hearing after an adjournment.Sir Thomas Bingham MR (dissenting) said that there is nothing in the process of arraignment which in law requires, or in fact amounts to, a … Continue reading Regina v Central Criminal Court Ex Parte Guney: CA 2 Feb 1995
An arraignment was valid despite non attendance at court, and the surety’s duties were not terminated. Arraignment in absence if defendant is not a surrender to custody for bail. Judges: Ralph Gibson LJ Citations: Gazette 23-Mar-1994, Independent 10-Feb-1994, Times 01-Feb-1994, [1994] 1 WLR 438 Statutes: Bail Act 1946 3,
The defendant was given bail supported by sureties for his attendance. The appellant signed for andpound;1m for his attendance. There was a preparatory hearing at a new court building without cells or a dock. The defendant was present. The surety . .
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision for the four sites, and that it was wrong to inlcude two properties separately. Held: … Continue reading Stancliffe Stone Company Ltd v Peak District National Park Authority: QBD 22 Jun 2004
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
The Court was asked whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006. Held: However reluctantly, the claimant’s appeal was dismissed. Parliament must be assumed to have intended that the Crown be not bound by … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: SC 19 Dec 2017
Income Tax, Schedule D – Balancing charge – Succession by Crown – Whether cessation provisions apply – Income Tax Act, 1918 (8 and 9 Geo. V, c. 40), Schedule D, Cases I and II, Rule 11 ; Finance Act, 1926 (16 and 17 Geo. V, c. 22), Section 32. The Respondent Company carried on an … Continue reading Madras Electric Supply Corp Ltd v Boarland House of Lords: HL 11 Mar 1955
The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells with smokers, suffering second hand inhalation. He suffered health problems. Judges: Singh J … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
VAT – INPUT TAX – HMRC denied input tax claims totalling pounds 8,327,278.00 in respect of 49 transactions of mobile phones and CPUs – Was there a VAT Loss? – Yes – Was the loss fraudulent? – Yes – Were the Appellant’s transactions connected with the fraud? – Yes – Did the Appellant know or … Continue reading Mavisat Ltd v Revenue and Customs: FTTTx 29 Mar 2012
By this claim for judicial review, the Claimant, a prisoner returned from Thailand, challenges the decision of the Secretary of State for Justice (‘the Defendant’) of 3 April 2020 refusing to treat him as a ‘transferred life prisoner’ and accordingly declining to refer his case to the High Court, in accordance with s.273(1) of the … Continue reading Neville, Regina (on The Application of) v Secretary of State for Justice: Admn 20 Apr 2021
Full Decision – No Action Citations: [2012] DRS 11946 Links: Bailii Jurisdiction: England and Wales Intellectual Property Updated: 09 November 2022; Ref: scu.466630
Citations: [2009] EWHC 3590 (Admin) Links: Bailii Statutes: Solicitors Act 1974 49(1)(b) Jurisdiction: England and Wales Legal Professions Updated: 27 October 2022; Ref: scu.401946
The father sought judicial review of an anti-social behaviour order (ASBO) made in respect of his son. Held: Although the child’s best interests remained a primary consideration when making such an order, they were not the primary consideration. Where it was not alleged that the behaviour did not justify an order and application for judicial … Continue reading A (A Child), Regina (on the Application of) v Leeds Magistrate’s Court and Another: Admn 19 Mar 2004
The appellants challenged convictions under regulations imposing toll charges. They challenged the validity of the charges. Held: The first challenge was that the people collecting the charges had not been properly appointed, being private contractors. The regulations had been complied with. Second the orders themselves were said not to have been published as required, having … Continue reading Smith and Miller and Mcmorrine and Robbie the Pict v Procurator Fiscal, Dingwall: HCJ 16 Dec 1999
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978
A notice to repair had been served by the landlord on the tenant. The tenant wrote offering to buy the premises and proposed deferring the commencement of repairs until the landlord responded. The landlord replied by letter asking the price. It was held that those letters had the effect of suspending the notice. The tenant’s … Continue reading Hughes v Metropolitan Railway Co: HL 1877
The plaintiff builders had been chasing payment of their undisputed invoice. Knowing that the builders were in financial difficulties, the defendant offered rather less, saying that if it was not accepted, she would pay nothing. She made the payment in full and final satisfaction of the debt. Held: The claim for the balance succeeded. The … Continue reading D and C Builders Ltd v Rees: CA 1966
Agreement for payment by joint debtor not contract The claimant appealed against refusal of an order to set aside a statutory demand. He said that he had compromised a claim by the creditors. He argued for an extension to the Rule in Pinnel’s case, so that where a debtor agrees to pay part of a … Continue reading Collier v P and M J Wright (Holdings) Ltd: CA 14 Dec 2007
(Iraq Sanctions) The court was asked as to the manner in which Security Council Resolutions relating to the arms trade are implemented in the domestic law of the United Kingdom under the United Nations Act 1946. Held: Laws LJ, rejecting an argument that an Inco Europe amending interpretation in relation to a provision creating a … Continue reading Regina v PD and EB: CACD 8 Sep 2011
Citations: [2004] EWCA Civ 310 Links: Bailii Statutes: Crime and Disorder Act 1988 1C Jurisdiction: England and Wales Housing, Local Government Updated: 11 September 2022; Ref: scu.194686
The claimant appealed refusal to award damages after an alleged failure to give a proper reference, saying that the decision in Fadipe could not stand with the later decision in Rhys-Harper. She said that she had suffered victimisation after making a protected disclosure, but after having left the company. The company said that the Act … Continue reading Woodward v Abbey National Plc: CA 22 Jun 2006
In 1952, the Minister wrote a leter confirming the planning permissions for four quarries now owned by the claimants. In 1996, two of the quarries were separately included in a list of dormant sites, and in 19999 the applicant began to apply for renewed planning permission for the two sites. In 2005, the applicants began … Continue reading Stancliffe Stone Company Ltd v Peak District National Park Authority: CA 17 Jun 2005
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 2001
The parties contracted for the sale and purchase of land with vacant possession. It was subject to a lease which the seller said had been surrendered, and it refused to accept any requisitions of objections. After exchange it appeared that the tenant was bankrupt, and the surrender ineffective in law. Upon discovery of this the … Continue reading Area Estates Ltd v Weir: CA 20 Jul 2010
Law of vicarious liability is on the move Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found some defendants (school management trust) … Continue reading The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others: SC 21 Nov 2012
The claimant suffered physical and serious sexual abuse whilst a child at a children’s home run by the defendant. A parish priest committed some of the abuse, and she claimed that the defendants were vicariously liable. They denied such liability. Held: The Diocesan Trust could be vicariously liable for acts of sexual abuse committed by … Continue reading JGE v The Portsmouth Roman Catholic Diocesan Trust: CA 12 Jul 2012
Severe flood damage had been caused to a factory, where air-conditioning was being installed, by the negligence of a fitter’s mate; the fitter and his mate had been supplied on a labour only basis by the third defendant to the second defendant to whom some of the work had been sub-contracted. Held: Both the second … Continue reading Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others: CA 10 Oct 2005
The parties disputed the admissibility in a dispute about the effect of a settlement agreement of evidence of without prejudice exchanges between the parties before it was signed. Judges: Justice Andrew Smith Citations: [2009] EWHC 1946 (Comm) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Oceanbulk Shipping and Trading Sa v TMT … Continue reading Oceanbulk Shipping and Trading Sa v TMT Asia Ltd and Others: ComC 29 Jul 2009
The worker had been driving his tractor, when the ground underneath him collapsed through coal workings. He died when it fell on him. There were old but themselves secure workings near the surface, but subsequent deeper workings had undermined those near the surface. Held: The action was dismissed. The case had been pleaded in negligence … Continue reading Angus v National Coal Board: SCS 9 Feb 1955
The court considered the award of damages after building works by the defendant in breach of a restrictive covenant. Held: The complexity of the financing and other factors relevant to the calculation of the developer’s profit mean that the Court is unlikely to be able to perform this exercise without expert assistance and evidence from … Continue reading Amec Developments Ltd v Jurys Hotel Management (UK) Ltd: ChD 17 Nov 2000
VAT – default surcharge – company believing it had been told that it had 5 additional business days to pay VAT – bank error further delaying receipt of VAT by Commissioners – section 59(7) VAT Act 1994 – reasonable excuse – reasonable expectation of receipt on time. Citations: [2006] UKVAT V19464 Links: Bailii Jurisdiction: England … Continue reading Alto Digital Networks Ltd v Revenue and Customs: VDT 21 Feb 2006
Value Added Tax – VATA Schedule 1 para 1 – Registration by Commissioners of Appellants as a partnership – whether partnership constituted on basis of facts and circumstances – Appeals of each Appellant refused. Citations: [2006] UKVAT V19465 Links: Bailii Jurisdiction: England and Wales VAT Updated: 17 July 2022; Ref: scu.239005
The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not to be applied by English law. Held: It is necessary for a … Continue reading Iran v The Barakat Galleries Ltd: QBD 29 Mar 2007
The appellant challenged a refusal to set aside a statutory demand, in respect of his director’s loan account with the respondent company, saying the court should have accepted other accounts to set off against that debt. Held: A statutory demand may be set aside if ‘the debtor appears to have a counterclaim, set-off or cross … Continue reading Bryce Ashworth v Newnote Ltd: CA 27 Jul 2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
The defendant appealed against his conviction under the Act, saying that the proceedings had been issued late. The issue was the calculation of the date when proceedings were begun. Held: There was no justification for reading the wording of the two Acts differently despite the extended time limit allowed by the 1967 Act. The time … Continue reading Rockall v Department for Environment, Food and Rural Affairs: Admn 22 Mar 2007
The claimants lived adjacent to an old coal tip, which caught fire spontaneously and burned for three years. They claimed in nuisance. The defendant argued that the risk of spontaneous ombustion was not reasonable, and that the use was safe. Held: ‘the creation of a state of affairs on land which, at the time, carries … Continue reading Anthony and others v The Coal Authority: QBD 28 Jul 2005
The bankrupt had been entitled to a valuable vehicle registration mark ‘AMR 1T’. He sold it to a creditor, the claimant to clear that debt. The trustee now said that the purported assignment was ineffective. Held: ‘VRMs are assigned to vehicles, not to registered owners or other individuals. The Secretary of State has power to … Continue reading Goel v Pick: ChD 12 Apr 2006
The claimant was held as a suspected terrorist by the US government in Guantanamo Bay. He had Australian citizenship but qualified also for British citizenship. He had sought that citizenship and protection. The secretary of state appealed an order recognising his citizenship as of right, relying upon a provision allowing him to deprive someone of … Continue reading Secretary of State for the Home Department v Hicks: CA 12 Apr 2006
The hearing was an adjourned second hearing. The appeal on sex discrimination had been dismissed, and the balance of the claim for constructive unfair dismissal was adjourned. At that adjourned hearing the claimant now sought to re-open the claims already remitted. Held: The EAT adopted the practice in Emery Reimbold. The earlier remission of the … Continue reading Burns v Royal Mail Group Plc (No 2) (Formerly Consignia Plc), Humphrey: EAT 14 Jan 2004
The defendant raised as a preliminary point the question of whether the claimant, an Iraqi, was an enemy alien, and therefore debarred from bringing proceedings to recover. Held: Under modern law it could not be a requirement that a state of war had been formally declared. The force used against Iraq was used according to … Continue reading Amin v Brown: ChD 27 Jul 2005
The 2004 Act had been passed without the approval of the House of Lords and under the provisions of the 1911 Act as amended by the 1949 Act. The 1949 Act had used the provisions of the 1911 Act to amend the 1911 Act. The claimant said this meant that the 1949 Act was void, … Continue reading Jackson and Others, Regina (on the Application of) v Her Majesty’s Attorney General: Admn 28 Jan 2005
