Lord M’Laren said: ‘in a town, as well as in the country, there are physical features which may be productive of injury to careless persons or to young children against which it is impossible to guard by protective measures. The situation of a town on the banks of a river is a familiar feature; and … Continue reading Stevenson v Glasgow Corporation: 1908
A testator directed his trustees to hold a certain sum and to pay to a beneficiary during his lifetime ‘either the whole or only a portion of the annual revenue thereof, and that subject to such conditions and restrictions, all as my trustees in their sole and absolute discretion think fit’; and on the beneficiary’s … Continue reading Train v Buchanan’s Trustee (Clapperton): HL 25 May 1908
An action of damages against the landlord for the loss and inconvenience suffered by the inhabitants of a house, which is let to a tenant, through its insanitary condition, is based upon the contract of lease, and consequently the wife and children of the tenant, as they are not parties to that contract, have no … Continue reading Camerons v Youngs: HL 27 Feb 1908
The Faculty of Procurators in Glasgow, incorporated by Royal Charter in 1796, granted annuities to the widows and children of deceased Members of the Faculty. In 1833 it obtained an Act of Parliament for the better establishing and securing a fund for this purpose, and a society called ‘The Society of Contributors to the Widows’ … Continue reading Colquhoun v Glasgow Faculty of Procurators’ Widows’ Fund Society: HL 17 Mar 1908
The plaintiff journalist had contributed a weekly column for children to The Jewish Chronicle under the name ‘Aunt Naomi’. She had no contract of employment. The Chriicle sometimes made suggestions for the column, but generally she was left to her own devices. The proprietors changedafter which, for a while, the plaintiff continued with the column. … Continue reading Landa v Greenberg: ChD 1908
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The Council sought to prosecute the company for the sale of cigarettes to under age children. Judges: Mitting J Citations: [2010] EWHC 3089 (Admin), (2010) 175 JP 11, [2011] 1 WLR 1570 Links: Bailii Statutes: Children Act 1908 Jurisdiction: England and Wales Crime Updated: 03 November 2022; Ref: scu.427013
Child sexual abuse was alleged by 150 claimants against staff members of a community home with teachers supplied by the defendants. The court had asked whether they had vicarious liability for the acts of their staff, and now whether the board of trustees of the school itself had liability, and whether in the transfer to … Continue reading Various Claimants v The Catholic Child Welfare Society and Others: CA 26 Oct 2010
At the trial of a man for indecent assault upon a child of tender years the child gave evidence as an unsworn witness under section 30 of the Children Act 1908. His mother and a constable also gave evidence as to statements the child had made on being confronted with the accused shortly after the … Continue reading Director of Public Prosecutions v Christie: HL 7 Apr 1914
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an obstruction leading to the claimant’s property being flooded. It was checked regularly, but … Continue reading Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001
The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers. Held: (Millett LJ dissenting) The conveyance to the solicitor left the solicitor holding the property as bare trustee for … Continue reading Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
B died having made a will leaving a fund to pay income to A who owed her money but had been made bankrupt before the death. The debt to B remained unpaid. Held: The liability to pay the debt and the right to receive the legacy had never tested in the same person, and therefore … Continue reading Cherry v Boultbee: HL 22 Nov 1839
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007
The applicant asserted that the 2004 Act was invalid having been passed under the procedure in the 1949 Act, reducing the period by which the House of Lords could delay legislation; the 1949 Act was invalid, being delegated legislation, had used the powers under the 1911 Act to amend themselves. If the 1949 Act was … Continue reading Regina on the Application of Jackson and others v HM Attorney General: CA 16 Feb 2005
To protect her estate from Inheritance Tax, the deceased gave land to her solicitor, but then took back a lease. The solicitor then conveyed the land on freehold on to members of her family. Held: The lease-back by the nominee was not void as a grant of a lease to herself. Lord Hoffmann said: ‘whether … Continue reading Ingram and Another v Commissioners of Inland Revenue: HL 10 Dec 1998
(High Court of Australia) In 1908 the deceased had transferred and conveyed a piece of land to each of her three sons; on the same date as, but subsequently to, the execution of the transfers and conveyances there had been executed by the deceased and each of her sons a lease back for a term … Continue reading Lang v Webb: 1912
Lord Atkinson said: ‘The duty the owner of premises owes to the persons to whom he gives permission to enter upon them must . . be measured, by his knowledge, actual or imputed, of the habits, capacities and propensities of those persons.’ and ‘The authorities from Lynch v Nurdin [1841] EngR 52; (1841) 1 QB … Continue reading Cooke v Midland Great Western Railway of Ireland: HL 1909
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003
A young woman aged 17 suffered from autism, attention deficit hyperactivity disorder and severe learning difficulties, as well as epilepsy. She had been looked after at home for nearly 16 years but was then accommodated by the local authority under section 20 of the Children Act 1989 in a private care home. In proceedings brought … Continue reading RK v BCC and Others: CA 20 Dec 2011
The plaintiff was employed by the defendant for over four years to write weekly articles in the Sunday Times and other papers owned by the defendant. She wrote under the name ‘Mary Delane’, which was chosen for her by the defendant. Following termination of the plaintiff’s employment, the defendant continued to publish articles by ‘Mary … Continue reading Forbes v Kemsley Newspapers Ltd: ChD 1951
The defendant had been taken on by the plaintiff to conduct and play in an orchestra. The orchestra played in a radio show called Ignorance is Bliss, broadcast by the BBC. In this show the plaintiff used the name ‘Dr Crock’ as the leader of ‘Dr Crock and his Crackpots’. The defendant sought to replace … Continue reading Hines v Winnick: ChD 1947
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
The Honourable Mr Justice Macdonald [2019] EWHC 1019 (Fam) Bailii Child Abduction and Custody Act 1985, 1908 Hague Convention on the Civil Aspects of International Child Abduction England and Wales Children Updated: 07 January 2022; Ref: scu.639747
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
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006
A father brought an action for damages for the death of his son who had eaten poisonous berries growing in one of the defenders’ public parks. The plants were easily accessible from a children’s play area and it was said that the defender had a duty to warn children against the danger or to prevent … Continue reading Glasgow Corporation v Taylor: HL 18 Nov 1921
The plaintiff’s husband was killed in a road accident caused by the defendant’s negligence. They were childless. She had deserted him five weeks before his death and thereafter, he learned about her adultery with a fellow employee. He tried to effect reconciliation with her but she refused. Shortly before his death, he had instructed his … Continue reading Davies v Taylor: HL 1974
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005
The court was asked whether it was possible to assign as a chose in action a cause of action in tort for damages for personal injury, and if so under what circumstances it was possible. Held: The appeal was dismissed. The claimant did not have an interest in the injured party’s claim of a kind … Continue reading Simpson v Norfolk and Norwich University Hospital NHS Trust: CA 12 Oct 2011
The bank had been put into administrative receivership, and the court was now asked as to how distributions were to be made, and in particular as to the application of the equitable rule in Cherry v Boultbee in the rule against double proof as it applies in situations involving guarantees and other sureties. Held: The … Continue reading In re Kaupthing Singer and Friedlander Ltd: SC 19 Oct 2011
Distinction between reputation and goodwill The claimant had practised independently as an employment solicitor. For a period, she was a partner with the defendant firm practising under the name ‘Bhayani Bracewell’. Having departed the firm, she now objected to the continued use of her name, alleging passing off, and requesting revocation of the associated trade … Continue reading Bhayani and Another v Taylor Bracewell Llp: IPEC 22 Dec 2016
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being retained instead for medical research. They now appealed an order striking out their claim on the baiss that it disclosed no … Continue reading Dobson and Dobson v North Tyneside Health Authority and Newcastle Health Authority: CA 26 Jun 1996
The West Burn flowed in a channel considerably below the surrounding ground which drained into it and in particular was below the level of Inverkip Road. In 1908, in order to form a playground for children, the natural channel of the West Burn was . .
References: [2004] NZCA 34, [2005] 1 NZLR 1, (2004) 7 HRNZ 301 Links: Worldlii Coram: Gault P, Keith J, Blanchard J, Tipping J, Anderson J (Court of Appeal of New Zealand) A photographer was commissioned to take photographs of the children of a well known television personality. He took pictures of Mr Hosking’s eighteen month … Continue reading Hosking and Hosking v Simon Runting and Another; 25 Mar 2004