The plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of drainage (except in one respect) but whose employees had failed to … Continue reading Burnside and Another v Emerson and Others: CA 1968
A transcript of a Criminal Judge’s summing up is admissible in civil proceedings as a court record of that trial. Citations: Ind Summary 05-Jun-1995, Times 12-May-1995 Statutes: Civil Evidence Act 1968 4(1) Litigation Practice, Evidence Updated: 15 May 2022; Ref: scu.78581
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
Facts of Spent Conviction Admissible at Common Law The claimants sought licenses to manage houses in multiple occupation, but were refused, the council relying on spent convictions. The claimants sought summarily to strike out those parts of the pleadings referring to the spent convictions. Held: For the reasons they gave, the tribunal panel were correct … Continue reading Hussain and Others v The London Borough of Waltham Forest: CA 19 Nov 2020
