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In re Nortel Companies and Others: SC 24 Jul 2013

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

Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009

The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation. Held: The respondent’s rejection of the recommendations in some cases lacked cogency and fell short of the requirement.Carnwath LJ said: ”Discussion: In considering the application of Bradley to … Continue reading Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009

Harlow and Jones v Panex (International) Ltd: ChD 1967

The sellers claimed under a sale contract against buyers who had refused to accept goods. By reason of the buyer’s non-acceptance of the goods, the sellers had incurred storage charges to their own suppliers with whom they had entered into an agreement which effectively made recovery of the storage charges contingent upon recovery of the … Continue reading Harlow and Jones v Panex (International) Ltd: ChD 1967

Gartside v Inland Revenue Commissioners: HL 13 Dec 1967

Before his death, the deceased had advanced sums to his sons. The House was asked whether they were liable to Estate Duty. Held: Lord Reid said: ‘no object of a discretionary trust has, as such, any legal right to or in the capital’, although he may possess limited equitable rights against the trustee; ‘mere expectancy … Continue reading Gartside v Inland Revenue Commissioners: HL 13 Dec 1967

Terrapin v Builders Supply Co (Hayes): ChD 1967

The defendants made up prefabricated portable buildings to the plaintiffs’ design, provided to them only for this purpose. When the contract ended, the defendants then offered their own prefabricated buildings using much of the material, including modifications, claiming that any duty of confidence was discharged once the plaintiffs sold buildings and published brochures which disclosed … Continue reading Terrapin v Builders Supply Co (Hayes): ChD 1967

Saxone Lilley and Skinner (Holdings) Ltd v Commissioner of Inland Revenue: HL 1967

The taxpayer company was the parent company of a group of subsidiaries, one of which traded as the manufacturer and retailer of shoes. The others either manufactured or sold shoes. The company built a warehouse which was let to a warehousing subsidiary (Jacksons Limited). Parts of the warehouse were used to store shoes from the … Continue reading Saxone Lilley and Skinner (Holdings) Ltd v Commissioner of Inland Revenue: HL 1967

Mitchell v Harris Engineering Co Ltd: CA 1967

The plaintiff was seeking to claim against his employers for personal injuries. There was correspondence with them before action that did not lead to a settlement. When the writ was issued a junior clerk made a mistake and issued it in the very similar name of an associated company of the employers. The defendant challenged … Continue reading Mitchell v Harris Engineering Co Ltd: CA 1967

Snook v London and West Riding Investments Ltd: CA 1967

Sham requires common intent to create other result The court considered a claim by a hire-purchase company for the return of a vehicle. The bailee said the agreement was a sham. Held: The word ‘sham’ should only be used to describe an act or document where the parties have a common intention that the act … Continue reading Snook v London and West Riding Investments Ltd: CA 1967

Acts

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

Re Bamford Publishers Ltd: ChD 2 Jun 1977

The Secretary of State sought the winding up of a company. The court considered the discretion to accept undertakings as to the company’s future conduct: ‘Quite clearly the Company has been engaged in a disreputable system of trading. The Company has offered a series of undertakings which are designed to secure that its future trading … Continue reading Re Bamford Publishers Ltd: ChD 2 Jun 1977

Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008

The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008

Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017

Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was revealed. Held: The accountants’ appeal succeeded. As a general rule ‘collateral benefits are those whose … Continue reading Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017

Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994

An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind. An acknowledgement of non-reliance clause has become a common part of modern commercial contracts. An entire agreement clause limits the terms of the parties’ agreement to their written agreement and … Continue reading Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994

R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant sought an order for its transfer, and an order was so made. Before it was perfected … Continue reading R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009

The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say … Continue reading Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009

Marley v Rawlings and Another: SC 22 Jan 2014

A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties disputed whether the will have been validly executed, and … Continue reading Marley v Rawlings and Another: SC 22 Jan 2014

Vestergaard Frandsen Sa ( Mvf3 Aps) and Others v Bestnet Europe Ltd and Others: CA 20 Apr 2011

The claimants manufactured insecticidal fabrics. They claimed that the defendants had produced their own product using confidential information obtained from their former employees now working for the defendant. The courts had granted injunctions regarding some products of the defendants, but not for later products employing largely independently developed products. Judges: Jacob, Jackson LJJ, Sir John … Continue reading Vestergaard Frandsen Sa ( Mvf3 Aps) and Others v Bestnet Europe Ltd and Others: CA 20 Apr 2011

Carlisle and Cumbria United Independent Supporters’ Society Ltd v CUFC Holdings Ltd and Others: CA 5 May 2010

The claimant supporters’ club had brought an action to prevent a substantial shareholder in the first defendant company from selling off land owned by the club for no consideration. The parties had reached a settlement after a protracted claim seeking to prevent a director of a holding company from assigning land belong to the Football … Continue reading Carlisle and Cumbria United Independent Supporters’ Society Ltd v CUFC Holdings Ltd and Others: CA 5 May 2010

Hotel Cipriani Srl and Others v Cipriani (Grosvenor Street) Ltd and Others: CA 24 Feb 2010

The claimants owned Community and UK trade marks in the name ‘Cipriani’. The defendants operated a restaurant in London using, under the licence of another defendant, the same name. The claimant sought an injunction to prevent further use of the name. The defendants said that they came within the ‘own name’ exception. Held: The appeal … Continue reading Hotel Cipriani Srl and Others v Cipriani (Grosvenor Street) Ltd and Others: CA 24 Feb 2010

UBS Ag and Another v Revenue and Customs: SC 9 Mar 2016

UBS AG devised an employee bonus scheme to take advantage of the provisions of Chapter 2 of the 2003 Act, with the sole purpose other than tax avoidance, and such consequential advantages as would flow from tax avoidance. Several pre-ordained steps were taken according to a detailed timetable. Once the structure of the scheme had … Continue reading UBS Ag and Another v Revenue and Customs: SC 9 Mar 2016

F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973

The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed. Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her … Continue reading Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

Hounsham and Others, Regina v: CACD 26 May 2005

The defendants appealed convictions for having staged motor accidents to support false insurance claims. They said that the insurance companies had contributed to the costs of the investigation by the police. Held: It might have been most unwise and possibly unlawful for the police to solicit contributions to their costs from the victims of crime, … Continue reading Hounsham and Others, Regina v: CACD 26 May 2005

Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004

The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have … Continue reading Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004

In re Sutherland, dec’d; Winter v Inland Revenue Commissioners: HL 1963

The concept of a contingent liability was considered. Held: In Scots law, a contingent liability is a liability which, by reason of something done by the person bound, may or may not arise depending on the happening of a future event. Lord Guest said: ‘The purpose of section 7(5) . . is to value the … Continue reading In re Sutherland, dec’d; Winter v Inland Revenue Commissioners: HL 1963

First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004

The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s administrators to assist it identifying who might else be liable. Held: The claimant could rely upon the … Continue reading First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004

WHA Ltd and Another v Customs and Excise: CA 14 May 2004

Judges: Lord Justice Waller Lord Justice Latham Lord Justice Neuberger Citations: [2004] EWCA Civ 559, [2004] STC 1081, [2004] BVC 485, [2004] BTC 5425,, [2004] STI 1202 Links: Bailii Jurisdiction: England and Wales Citing: At ChD – WHA Ltd and Another v Customs and Excise ChD 28-Feb-2003 The taxpayer appealed against a finding that it … Continue reading WHA Ltd and Another v Customs and Excise: CA 14 May 2004

Severn Trent Water Ltd v Barnes: CA 13 May 2004

The water company appealed an award of damages after it had been found to have laid a water main under the claimant’s land without his knowledge or consent. The court had awarded restitutionary damages. Held: The judge fell into error in awarding the exercise the judge sought to perform by awarding the additional sum of … Continue reading Severn Trent Water Ltd v Barnes: CA 13 May 2004

Secretary of State for Trade and Industry v Frid: HL 13 May 2004

The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004

European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

Floods of Queensferry Ltd, David Charles Flood v Shand Constructions Ltd, Morrison Shand Constructions Ltd, Morrison Construction Ltd: TCC 17 Dec 1999

The claimant alleged that it had entered into a sub-contract relying upon misrepresentations made by the defendant, SCL that it was the main contractor, and that it was still trading. The defendant company operated through associated companies for which it was an agent, but itself was treated as dormant, even though it still put its … Continue reading Floods of Queensferry Ltd, David Charles Flood v Shand Constructions Ltd, Morrison Shand Constructions Ltd, Morrison Construction Ltd: TCC 17 Dec 1999

Watford Electronics Ltd v Sanderson CFL Ltd: CA 23 Feb 2001

The plaintiff had contracted to purchase software from the respondent. The system failed to perform, and the defendant sought to rely upon its exclusion and limitation of liability clauses. Held: It is for the party claiming that a contract term satisfies the requirement of reasonableness to show that it does. To decide whether term was … Continue reading Watford Electronics Ltd v Sanderson CFL Ltd: CA 23 Feb 2001

Giles v Thompson, Devlin v Baslington (Conjoined Appeals): HL 1 Jun 1993

Car hire companies who pursued actions in motorists’ names to recover the costs of hiring a replacement vehicle after an accident, from negligent drivers, were not acting in a champertous and unlawful manner. Lord Mustill said: ‘there exists in practical terms a gap in the remedies available to the motorist, from which the errant driver, … Continue reading Giles v Thompson, Devlin v Baslington (Conjoined Appeals): HL 1 Jun 1993

Trendtex Trading Corporation v Credit Suisse: HL 1981

A party had purported to sue having taken an assignment of a dishonoured letter of credit, in the context of the abolition of maintenance and champerty as crimes and torts in the 1967 Act. Held: The assignment was struck down as champertous, creating: ‘the possibility, and indeed the likelihood, of a profit being made, [by … Continue reading Trendtex Trading Corporation v Credit Suisse: HL 1981

John v James: ChD 1991

The plaintiff, (Elton John) asserted fiduciary duties against his manager, publisher and associated companies under agreements for the exploitation of compositions, accompanied by the assignment of the copyright in the compositions. Held: Such fiduciary duties did exist, even though the copyrights were assigned outright to the Defendant, and the Defendant had its own interest in … Continue reading John v James: ChD 1991

Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001

The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the tie agreement was unlawful, because the company sold beer to non-tied … Continue reading Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001

Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015

Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds … Continue reading Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

Nestle v National Westminster Bank: CA 6 May 1992

The claimant said that the defendant bank as trustee of her late father’s estate had been negligent in its investment of trust assets. Held: The claimant had failed to establish either a breach of trust or any loss flowing from it, though there was not much for the bank to be proud of in its … Continue reading Nestle v National Westminster Bank: CA 6 May 1992

Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

Trendtex Trading Corporation v Credit Suisse: CA 1980

A stay was sought against a bank which had financed a contract and was supporting litigation arising out of it. Held: Although the liability in crime and tort had been abolished, Section 14(2) of the 1967 Act preserved the law as to the cases in which a contract is to be treated as contrary to … Continue reading Trendtex Trading Corporation v Credit Suisse: CA 1980

Coco v A N Clark (Engineers) Ltd: ChD 1968

Requirememts to prove breach of confidence A claim was made for breach of confidence in respect of technical information whose value was commercial. Held: Megarry J set out three elements which will normally be required if, apart from contract, a case of breach of confidence is to succeed. In this case the information was found … Continue reading Coco v A N Clark (Engineers) Ltd: ChD 1968

Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012

The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012

Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993

The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities. Held: The High Court may look at how an accused person was brought within the jurisdiction when examining a question about that person’s detention. It is axiomatic ‘that … Continue reading Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993

Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

British Broadcasting Corporation v Harpercollins Publishers Ltd and Another: ChD 4 Oct 2010

The claimant sought an injunction and damages to prevent the defendant publishing a book identifying himself as ‘the Stig’ saying that this broke his undertaking of confidentialty as to his identity, a necessary part of the character in the TV programme Top Gear. Held: The claimant was refused an injunction. The driver had worked for … Continue reading British Broadcasting Corporation v Harpercollins Publishers Ltd and Another: ChD 4 Oct 2010

Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008

The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008

Phillips v Mulcaire: SC 24 May 2012

The claimant worked as personal assistant to a well known public relations company. She alleged that the defendant had intercepted telephone message given by and left for her. The court was asked first as to whether the information amounted to ‘technical or commercial information’ within the definition of ‘intellectual property’ in section 72(5) of the … Continue reading Phillips v Mulcaire: SC 24 May 2012

Total Network Sl v Revenue and Customs: HL 12 Mar 2008

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

Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011

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

Sibthorpe and Morris v London Borough of Southwark: CA 25 Jan 2011

The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the solicitors are to act for her. Held: The defendant’s appeal failed. The Conditional … Continue reading Sibthorpe and Morris v London Borough of Southwark: CA 25 Jan 2011

British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others: CA 23 Jul 1998

Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop registration: ‘a jurisdiction to grant injunctive relief where a defendant is equipped with or is intending … Continue reading British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others: CA 23 Jul 1998

Simpson v Norfolk and Norwich University Hospital NHS Trust: CA 12 Oct 2011

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

Senior-Milne, Regina (On the Application of) v The Parliamentary and Health Service Ombudsman: Admn 8 Sep 2009

The claimant was concerned that the Financial Service Authority had failed properly to supervise the de-mutualisation of the Scottish Widows insurance company, and had not identified a failure to disclose very substantial potential liabilities. He now complained that the respondent had said she had no jurisdiction to investigate. Held: The respondent’s view that the FSA … Continue reading Senior-Milne, Regina (On the Application of) v The Parliamentary and Health Service Ombudsman: Admn 8 Sep 2009

Rehman v Chamberlain and Another: ChD 6 Sep 2011

The claimant asserted as against the liquidator, a floating and registered charge over the company’s assets. The liquidator said that it had been granted within the twelve months prior to the onset of the insolvency, was caught by section 245(3)(b), and requested rectification of the register. The claimants relied on an opinion from senior counsel. … Continue reading Rehman v Chamberlain and Another: ChD 6 Sep 2011

National Trust for Places of Historic Interest v Birden: ChD 31 Jul 2009

The parties had entered into an old-form share farm agreement in 1994. The tenant later became a farm business tenant on other land. The claimant sought a share of the Single Payment Scheme calculated with reference to the period in which the defendant had been their tenant, seeking to imply a term into the agreement … Continue reading National Trust for Places of Historic Interest v Birden: ChD 31 Jul 2009

Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008

The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance companies and as to whether the compensation under the Acts counted as damages under the policies. The syndicate said … Continue reading Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008

Elida Gibbs Ltd v Commissioners Of Customs And Excise: ECJ 24 Oct 1996

ECJ Where (a) a manufacturer issues a money-off coupon, which is redeemable at the amount stated on the coupon by or at the expense of the manufacturer in favour of the retailer, (b) the coupon, which is distributed to a potential customer in the course of a sales promotion campaign, may be accepted by the … Continue reading Elida Gibbs Ltd v Commissioners Of Customs And Excise: ECJ 24 Oct 1996

Massey v Crown Life Insurance Company: CA 4 Nov 1977

Massey worked as Crown Life’s manager under 2 contracts, one a contract of employment, the other a contract of general agency. Tax and other contributions were deducted from wages paid under the former, while commission was paid under the agency contract. Under the agency contract Massey could work for other insurance brokers. Later, with Crown … Continue reading Massey v Crown Life Insurance Company: CA 4 Nov 1977

Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Progress Property Company Ltd v Moorgarth Group Ltd: SC 8 Dec 2010

The appellants appealed against rejection of their claim that there had been an unlawful distribution of capital when the appellant had sold the share capital of a subsidary at an undervalue to the respondent purchaser. The valuation had miscalculated the existence of an indemnity against liability to repair leasehold properties. Held: The appeal failed. The … Continue reading Progress Property Company Ltd v Moorgarth Group Ltd: SC 8 Dec 2010

Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993

A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, changes over time, and the requirements are flexible and closely conditioned by the legal and … Continue reading Regina v Secretary of State for the Home Department ex parte Doody and Others: HL 25 Jun 1993

Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm): HL 20 Jul 2000

Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers. Held: The immunity from suit for negligence enjoyed by advocates acting in both criminal and civil proceedings is no longer appropriate or in the public interest and is removed: ‘The standard … Continue reading Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm): HL 20 Jul 2000