The question of ownership of a company is to be decided according to law of country where the company is incorporated. Conflict of laws rules are to be used to look to the issue in the case not the cause of action.Staughton LJ said: ‘In any case which involves a foreign element it may prove … Continue reading Macmillan Inc v Bishopsgate Investment Trust Plc and Others (No 3): CA 2 Nov 1995
The claimants appealed the award of only nominal damages after they succeeded in their claim against their solicitors for negligence in their conduct of the defence of a mortgage possession action. Held: The appeal failed. The judge was correct to find that the claimants would not have received continuing support for the business. ‘There is … Continue reading Veitch and Another v Avery: CA 12 Jul 2007
The claimants operated football leagues, and asked the defendant solicitors to act in negotiating the sale of television rights to ONdigital. The broadcasts went ahead, but no guarantees were taken for the contract. The claimants alleged professional negligence, and claimed many millions of pounds. The defendant denied negligence and said that if negligence was found, … Continue reading The Football League Ltd v Edge Ellison (A Firm): ChD 23 Jun 2006
The claimants sought damages, alleging that a breach of contract by the defendant had resulted in their being unable to earn further profits elsewhere. The defendant said the damages claimed were too remote. The bank had, by error, disclosed to one customer the mark up being taken by the claimant company which had acted as … Continue reading Jackson and Another v Royal Bank of Scotland: HL 27 Jan 2005
The company complained that its auditors had failed to give appropriate warning of the Society’s exposure to risk in awarding larger bonuses than were justified, and that had the true position been known, it xould have put itself up for sale earlier, reducing later substantial losses. The defendant sought to strike out the claims. Held: … Continue reading Equitable Life Assurance Society v Ernst and Young (A Firm): ComC 10 Feb 2003
Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of costs should not be made against a solicitor who had acted for a client in a defamation action which was lost, … Continue reading Tolstoy-Miloslavsky v Aldington: CA 27 Dec 1995
There could be no Fatal Accidents Acts damages for a loss of ‘moonlighting’ earnings dependency. Citations: Independent 02-Jan-1996, Times 28-Dec-1995, [1996] RTR 396 Statutes: Fatal Accidents Act 1976 Jurisdiction: England and Wales Cited by: Cited – Hewison v Meridian Shipping Services Pte Ltd, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd QBD 30-Nov-2001 The applicant … Continue reading Hunter v Butler: CA 28 Dec 1995
A ‘keep open’ clause in a commercial lease can be enforced by an order specific performance but only in rare cases. It would normally be unreasonable.Millett LJ said: ‘The competing arguments in the present case, and the difference in the views of the members of this court, reflect a controversy which has persisted since the … Continue reading Co-Operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd: CA 29 Dec 1995
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The court was asked what is the correct approach to the making of an interim payment in a heavy personal injury claim where the damages, when finally assessed, are likely to include one or more periodical payments orders pursuant to section 2 of the Damages Act 1996. The Act, as amended provided for the court … Continue reading Cobham Hire Services Ltd v Eeles: CA 13 Mar 2009
There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs Dalziel made oral complaints to the officer who attended upon them. He later returned and Mr … Continue reading Buckley v Dalziel: QBD 3 May 2007
ComC European Union – ECSC Treaty article 4(b) and article 63(1) – direct effect – rights to individuals – cause of action – striking out – discrimination by purchasers – exhaustive – article 86 EC – cause of action -striking out – ECSC Treaty article 63(1) – Commission recommendation – future recommendation – cause of … Continue reading Doublerange Ltd and Others v National Power plc and Others and British Coal Corporation (third party); Harris and Others v National Power plc and Another: ComC 9 Oct 1996
The test to be applied to the question of summary disposal under s.8 of the 1996 Act is the same as that under CPR Part 24. Judges: Early J Citations: [2000] EMLR 681 Statutes: Defamation Act 1996 8, Civil Procedure Rules 24 Jurisdiction: England and Wales Cited by: Cited – Downtex v Flatley CA 2-Oct-2003 … Continue reading James Gilbert Ltd v MGN Ltd: 2000
The question of whether a reasonable time has been exceeded in performance of a contract is ‘a broad consideration, with the benefit of hindsight, and viewed from the time at which one party contends that a reasonable time for performance has been exceeded, of what would, in all the circumstances which are by then known … Continue reading Astea (UK) Ltd v Time Group Ltd: TCC 9 Apr 2003
The plaintiff’s car was struck by a company car driven by the defendant in the course of her employment and she sought damages. Her action, against the employer, was struck out as late under the 1980 Act. She then commenced an action against the driver defendant. Held: The plaintiff was allowed to seek the exercise … Continue reading Shapland v Palmer: CA 23 Mar 1999
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave. Held: The law had not changed, and section 89 could not be used to argue for a suspension of the order for possession. Citations: [2006] EWCA Civ … Continue reading Boyland and Son Ltd v Rand: CA 20 Dec 2006
The defendant appealed dismissal of his defence to an action in defamation. Held: The court proceeded in his absence, discerning two grounds of appeal from the papers. He had suggested that he awaited pro bono representation but was by profession a barrister, and the court did not accept that he could not present his case … Continue reading Steinberg v Pritchard Englefield (A Firm) and Another: CA 3 Mar 2005
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
The deceased had been born in Jamaica, but had lived in the UK for many years. The parties, before a grant in the estate of the deceased, disputed whether he should be buried in England or returned to Jamaica for burial. Held: Having considered the factors as set out in Hartshorne, an order was to … Continue reading Anstey v Mundle and Another: ChD 25 Feb 2016
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
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 claimants appealed refusal of an order restricting comparative advertising materials for the defendant’s competing veterinary medicine. The claimant said that the rule against prior restraint applicable to defamation and other tort proceedings did not apply to trade mark infringement. Held: The rule against prior restraint applied to actions involving reputation, but did not apply … Continue reading Boehringer Ingelheim Ltd and others v Vetplus Ltd: CA 20 Jun 2007
The court should be reluctant to attach qualified privilege to ‘reportage’ in circumstances where Parliament, in enacting section 15 and Schedules 1 and 2 of the Defamation Act 1996, had not chosen to do so. Judges: Gray J Citations: [2002] All ER (D) 11 Statutes: Defamation Act 1996 Jurisdiction: England and Wales Cited by: Cited … Continue reading English and Another v Hastie Publishing Ltd: 31 Jan 2002
Bayley J said: Upon the great point, viz. whether it is a good defence to an action for slander for a defendant to show he heard it from another, and at that time named the author, I am of the opinion that it is not’ and ‘the law will not permit a man to recover … Continue reading McPherson v Daniels: 1829
CONTRACT OF EMPLOYMENT – Damages for breach of contract UNFAIR DISMISSAL – Constructive dismissal UNFAIR DISMISSAL – Compensation UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Polkey deduction The Appellant contended that the Employment Judge made a perverse finding regarding the Appellant’s conduct prior to dismissal (but which the Respondent only discovered after dismissal). The … Continue reading Mansfield Vtaran Microsystems Ltd (Contract of Employment – Damages for Breach of Contract : Unfair Dismissal): EAT 14 Sep 2018
The claimants brought a claim in passing-off first obtaining an interim injunction but then failing at trial. The defendants then claimed under the undertaking in damages given. The claimants now sought to say that the injunction could have been justified on the separate ground that the defendants were in breach of copyright. The defendants said, … Continue reading Hodgkinson and Corby Ltd and Another v Wards Mobility Services Ltd: ChD 6 Nov 1996
Cotton cloth was sold. The buyer was to use it to fulfil his own contract with a sub-buyer. The cloth was not of the contractual quality but the buyer was able to perform the sub-contract by delivering the same cloth. The sub-buyers paid the full price. Held: The normal measure of damages applied namely the … Continue reading Slater v Hoyle and Smith Ltd: 1920
The claimant sought damages from the revenue for their failure properly to process his claim for a sub-contractor’s certificate which had led to losses. Held: The revenue owed no common law duty of care to the claimant and nor were damages claimable under the section, and the claim failed. The Act imposed no statutory time … Continue reading Neil Martin Ltd v Revenue and Customs Commissioners: 28 Sep 2006
(High Court of Australia) ‘It seems to us that, in a case where there is no qualified privilege to report or repeat the defamatory statements of others, the whole cohesion of the law of defamation would be destroyed, if it were permissible merely to plead and prove that the defamatory statement was made by another; … Continue reading Uren v John Fairfax and Sons Pty Ltd: 2 Jun 1966
The plaintiffs were patients of the defendant dentist who had carried out unnecessary treatment on them; they claimed damages for trespass and sought aggravated damages. Held: There was no reason in principle why awards of aggravated damages should not be made for feelings of anger or indignation in cases of trespass to the person where … Continue reading Appleton and others v Garrett: 1996
The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach. Held: Where a claimant’s losses arose before the dismissal actually occurred, she might have a separate claim for damages, but that claim was only … Continue reading GAB Robins (UK) Ltd v Triggs: CA 30 Jan 2008
The employee claimed damages after injury at work using scaffolding equipment supplied by his employers which was upset by the violent act of a fellow employee. Held: The equipment when used properly was safe. It only became dangerous if deliberately misused. The employer could not be vicariously liable for the deliberate wrongful act of a … Continue reading Horton v Taplin Contracts Limited: CA 8 Nov 2002
The claimant said that he had left valuable jewelry with the defendant for sale. The defendant said at first they had been stolen, but then returned jewelry which the claimant denied was what had been left. The defendant appealed a finding that he had converted the jewelry left. The judge found that both parties had … Continue reading Zabihi v Janzemini and Others: CA 30 Jul 2009
The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership. Held: The application for the amendment being made more han two years after the grant, the amendment could not be allowed. s.37(5) bars the making of a new claim out of time. … Continue reading Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006
The claimant and defendant had each operated using a the name ‘HotSpot’ for a name for its lottery. The respondent had registered the name as a trade mark. The claimant began to use the name first and claimed in passing off, and the respondent claimed infringement of its mark. Held: The law of passing off … Continue reading Inter Lotto (Uk) Ltd v Camelot Group Plc: CA 30 Jul 2003
One director discovered that his co-director had withdrawn substantial sums from the company. Judges: Schiemann LJ, Potter Lj, Arden LJ Citations: [2003] EWCA Civ 810, [2004] 1 WLR 783, [2004] 1 WLR 783, [2004] BCC 27, [2003] OPLR 343, [2004] WTLR 629, [2003] WTLR 1413, [2003] Pens LR 179, [2003] 4 All ER 733, [2003] … Continue reading Clark v Cutland: CA 18 Jun 2003
There was a claim for damages in respect of psychiatric injury said to result from a breach of the implied term of trust and confidence, which was asserted to be recoverable notwithstanding Johnson, on the basis that the acts of the employer complained of could be severed from the employer’s conduct leading to the dismissal, … Continue reading Eastwood v Magnox Electric plc: CA 2002
A court need not first decide liability before applying grant of limitation of liability decree under the Act. That different Conventions were applied by UK and South Africa did not stop the establishment of a limitation fund for payment of damages allowing a ship release. Citations: Times 07-Aug-1998, [1998] EWCA Civ 1077, [1998] 2 Lloyd’s … Continue reading Bouygues Offshore SA v Caspian Shipping Company, and others: CA 24 Jun 1998
(New Zealand) A company was sold with a warranty that the sales figures would meet projected earnings. The purchaser successfully complained after the event that the figures were false and misleading. They appealed an order increasing the damages on the basis that the earnings figures had been manipulated. The order stood. The proper measure of … Continue reading Lion Nathan Limited and others v C C Bottlers Limited and others: PC 14 May 1996
Even if a case is quite unsuitable for automatic directions, the plaintiff has an obligation to apply instead for specific manual directions to stand in their stead. It would be wrong to allow a plaintiff to escape from the discipline of the automatic directions timetable simply by issuing an application seeking an order that the … Continue reading Cockeril v Tambrands Limited: CA 21 May 1998
Judges: Lord Justice Stuart-Smith Lord Justice Ward And Lord Justice Hutchison Citations: [1996] EWCA Civ 1286 Jurisdiction: England and Wales Citing: Cited – 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 … Continue reading Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (Formerly STC Submarine Systems Ltd): CA 20 Dec 1996
Where damages were to be awarded for breach of warranty on sale of goodwill, an assessment according to a price earnings ratio was appropriate only if used in the contract or agreed as appropriate by the experts. In the context of a notice clause in a Share Sale Agreement requiring notice to set out ‘such … Continue reading Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (Formerly STC Submarine Systems Ltd): CA 22 Jun 1998
When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of Simon Brown LJ in that case should no longer be considered good law. (The same applies … Continue reading Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998
A company director entering into an unapproved contract with his own company was liable to the company for the loss as at the time that loss was realised, not at the time of the breach. Where directors had entered into contracts with their company in contravention of the Act, the damages were to be assessed … Continue reading Duckwari Plc v Offerventure Ltd and Another: In Re Duckwari Plc (no 2): CA 8 May 1998
EAT CONTRACT OF EMPLOYMENT – Damages for breach of contract The Tribunal awarded to the unfairly dismissed Claimant compensation for failure to pay any money to her during a 4 week notice period. The award was made under sections 86 to 88 of the ERA 1996. However the statutory minimum period of notice under section … Continue reading Milson v Hope: EAT 7 Mar 2013
The parties disputed their mutual obligations under aircraft leasing agreements. The insolvent airline said that in signing to accept the condition of the aircraft on delivery, it had not created an estoppel against itself when the aircraft later proved faulty. Held: The appeal failed, though the result was upheld on different grounds. Aircraft necessarily or … Continue reading Olympic Airlines Sa v ACG Acquisition XX Llc: CA 17 Apr 2013
The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006
Police, when using force to enter premises, must still give their reasons for effecting their entry, to the occupant, unless this was impossible or undesirable. Buxton LJ said: ‘This paragraph strictly speaking did not apply in the present case, because no search was contemplated. It is, however, a strong indication of the importance and relevance … Continue reading O’Loughlin v Chief Constable of Essex: CA 12 Dec 1997
Judges: Bedlam LJ, Potter LJ, Sir John Balcombe Citations: Times 02-Jan-1998, Gazette 21-Jan-1998, [1997] EWCA Civ 2899, [1997] IRLR 140, [1998] ICR 258 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 74 Jurisdiction: England and Wales Citing: Appeal from – Digital Equipment Co Ltd v Clements EAT 11-Dec-1996 An excess redundancy payment is to be … Continue reading Digital Equipment Co Ltd v Clements (No 2): CA 4 Dec 1997
The court was asked whether a copyright owner has a proprietary claim to money derived from infringement of the copyright. Held: He did not. No such argument could be shown to have suceeded before. Judges: Newey J Citations: [2013] WLR(D) 42, [2013] EWHC 159 (Ch) Links: Bailii, WLRD Statutes: Copyright, Designs and Patents Act 1988 … Continue reading Twentieth Century Fox Film Corp and Others v Harris and Others: ChD 5 Feb 2013
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
Judges: Hobhouse, Pill, Mummery LJJ Citations: [1997] EWCA Civ 2571, [1997] FSR 178 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Hodgkinson and Corby Ltd and Another v Wards Mobility Services Ltd ChD 3-Aug-1994 Proof of the deception of some purchasers is an essential pre-requisite of the tort of passing off. . . … Continue reading Hodgkinson and Corby Ltd (T/a Raymar) v Wards Mobility Services Ltd: CA 27 Oct 1997
The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. Citations: [1997] EWCA Civ 2179 Jurisdiction: England and Wales Citing: Appeal from – Abraham and Another v Thompson and Others ChD 12-May-1997 The court may issue a stay of proceedings pending … Continue reading Abraham and Another v Thompson and Another: CA 24 Jul 1997
The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it. Held: Where A becomes liable to B as a joint tortfeasor with C in the tort of … Continue reading Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department: CA 23 Jul 1997
EAT UNLAWFUL DEDUCTION FROM WAGESThe Claimants claimed that the Respondent had wrongly evaluated their jobs under the applicable job evaluation scheme. They contended that properly evaluated they would have been awarded higher scores entitling them to a higher Grade, (Grade 7 or 8). They brought claims for deduction from wages under the Employment Rights Act … Continue reading Kingston Upon Hull City Council v Schofield and Others: EAT 6 Nov 2012
Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police. Held: The appeal succeeded. There is no implied undertaking as to the use of disclosed documents … Continue reading Mahon and Another v Rahn and Others (1): CA 12 Jun 1997
Assessment of damages after offer of amends. Held: the Court’s award of damages serves as ‘an outward and visible sign of vindication’ Judges: Eady J Citations: [2003] EWHC 137 (QB), [2004] EMLR 3 Links: Bailii Statutes: Defamation Act 1996 3 Jurisdiction: England and Wales Cited by: Cited – Dhir v Saddler QBD 6-Dec-2017 Slander damages … Continue reading Cleese v Clark and Another: QBD 6 Feb 2003
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value, since the claimant would have proceeded anyway. Held: The court had to bear in mind the distinction between the loss of chance directly through the … Continue reading Dixon v Clement Jones Solicitors (A Firm): CA 8 Jul 2004
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997
The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ notice was given. Held: The agent’s appeal failed. The UK had chosen to implement both the allowed … Continue reading Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd: HL 4 Jul 2007
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise. Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common … Continue reading Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather furniture) meeting UK fire safety standards, and with which the claimant gave assistance. The defendants did not renew the … Continue reading Tigana Ltd v Decoro Ltd: QBD 3 Feb 2003
Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation 17 and applied for an injunction to prevent the defendant from moving its assets abroad. The … Continue reading Page v Combined Shipping and Trading Co Ltd: CA 24 May 1996
The applicants sought damages as commercial agents following the termination of their exclusive agency for the sale of the respondents goods in the UK. The defendants claimed the contract was governed exclusively by Californian law. The European Court had decided that the compensation could not be excluded by contract. The court had to assess damages. … Continue reading Ingmar GB Ltd v Eaton Leonard Inc: QBD 31 Jul 2001
Citations: [1996] EWCA Civ 1235, [1999] 1 LI Rep 747 Jurisdiction: England and Wales Cited by: Cited – Great Future International Limited and Others v Sealand Housing Corporation (in Liquidation) and Others ChD 3-Dec-2002 The claimants were to be awarded damages, having been fraudulently induced to purchase shares. The defendant claimed that the increase in … Continue reading Standard Chartered Bank v Pakistan National Shipping Corporation and Another: CA 17 Dec 1996
The plaintiffs claimed damages for patent infringement. Some of the lost profits for which the plaintiff company claimed damages were suffered by subsidiary companies in which it held all the shares. Held: When a shareholder has a cause of action but his company has none, he can recover damages measured by the reduction in value … Continue reading Gerber Garment Technology Inc v Lectra Systems Limited Lectra Systemes SA: CA 18 Dec 1996
An out of time claim for defamation was allowed after late disclosures by the defendant bank in the case. Citations: Times 24-Mar-1997, [1996] EWCA Civ 1277 Jurisdiction: England and Wales Citing: Appeal from – Lloyd’s Bank Plc v Rogers and Another QBD 11-Apr-1996 Claim may be added outside limitation period where based on same facts. … Continue reading Lloyds Bank Plc v Rogers and Another: CA 20 Dec 1996
Citations: [1996] EWCA Civ 1132, [1997] 2 All ER 395 Jurisdiction: England and Wales Citing: Cited – Walkley v Precision Forgings Ltd HL 1979 The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, … Continue reading Forward v Hendricks: CA 6 Dec 1996
The plaintiff claimed damages for acute stress after failing to rescue his two daughters in an accident caused by the defendant. After the accident, he became involved in family proceedings concerning custody of other children. Medical reports used in the children proceedings suggesting an improvement in his condition had not been disclosed to the court … Continue reading Vernon v Bosley (3): CA 19 Dec 1996
Articles in consecutive issues of The Sunday Mirror accused the plaintiff of pimping for the KGB, organising sex with prostitutes for visiting British businessmen and then blackmailing them. The defendants pleaded justification. The plaintiff conceded in evidence that he was a persistent womaniser, but denied procuring prostitutes, though a tape of a conversation with a … Continue reading Jones v Pollard, Mirror Group Newspapers Limited and Bailey: CA 12 Dec 1996
In an action for damages and false imprisonment, the defendant police officers sought to have introduced the claimant’s previous criminal record, which was expired under the 1974 Act. Held: The judge had been correct not to follow practice in criminal cases on such questions. The purpose of the Act in civil proceedings was to allow … Continue reading Thomas v Commissioner of Police for Metropolis: CA 28 Nov 1996
There was a two-storey end of terrace house in North London owned by Mr Sadiq and his neighbours, Mr and Mrs Louis. The appellant had commenced substantial works to his house, which caused damage to the party wall. The appellant had not complied with his obligations under the 1939 Act. Held: The works carried out … Continue reading Louis and Another v Sadiq: CA 12 Nov 1996
Race discrimination which took place after a dismissal was not unlawful within the section, since that first required the context of employment, and after the dismissal, the applicant was no longer in that employment. The natural meaning of the phrase ’employed by him’ in section 4 (2) was confined to persons employed at the time … Continue reading Post Office v Adekeye: CA 13 Nov 1996
The plaintiff claimed damages from the seller of land and from their solicitors for misrepresentation in the replies to enquiries before contract. He appealed a striking out of his claim. Held: A lawyer’s disclaimer placed on his Replies to Enquiries before Contract were to be examined carefully to see if they constituted an unfair term. … Continue reading First National Commercial Bank Plc v Loxleys (a Firm): CA 6 Nov 1996
The county court judge had allowed damages to the claimant, who owned a property which suffered from persistent water penetration, general damages for breach of the 1972 Act, the sum of andpound;1,500 a year for the four years during which the problems lasted, making a total of andpound;6,000 in all. The judge made it clear … Continue reading Bayoumi v Protim Services Limited: CA 6 Nov 1996
Damages awarded against a surveyor for a negligent survey which had missed certain defects, were not to be reduced for repairs later carried out by the landlord at his own expense. The trial judge decided to award damages reflecting the difference between the value of the property without the defects and its value with them … Continue reading Gardner v Marsh and Parsons (a Firm), Dyson: CA 2 Dec 1996
The defendant neighbour had carried out construction works on a joint structure involving its demolition. He had not complied with the requirements of the 1917 Act. Held: A neighbour doing work on a party wall without complying with the requirements of the Act was creating a nuisance, and he made himself liable for special damages, … Continue reading Louis v Sadiq: CA 22 Nov 1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996
The plaintiffs sought damages. Alleging passing off by the defendants. An injunction had been granted, and the appellants now sought to appeal release from that injunction. An order for costs estimated at andpound;350,000 had been made. Held: Leave to appeal would be granted only on the appellants giving security for costs in the sum of … Continue reading British Diabetic Association v Diabetic Society; Bennett and Atkin: CA 31 Oct 1996
The plaintiff was a member of a scheme providing permanent health insurance benefits. The issue was whether the insurance monies received by the plaintiff were to be treated as sick pay (and therefore deductible from the damages) or insurance monies falling within the insurance exception. Held: ‘In my view it is quite wrong to treat … Continue reading Wells v Wells; Thomas v Brighton Health Authority; Page v Sheerness Steel Company Limited: CA 23 Oct 1996
The distinction normally made between primary and secondary victims claiming damages for shock in witnessing a terrible event does not apply to employees who were obliged by their contract to be present. Citations: Times 06-Nov-1996, [1996] EWHC CA 173 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Frost and Others v Chief Constable … Continue reading Frost and Others v Chief Constable of South Yorkshire and Others: CA 31 Oct 1996
Bench sold vinyl film to Fasson for decals to identify sea-borne bulk containers. A term required the film to be legible condition for at least five years. Fasson sold them to container manufacturers who supplied the containers marked with the decals to shipping lines. Some became illegible. Fasson brought an action for breach of warranty. … Continue reading Bence Graphics International Ltd v Fasson UK Ltd: CA 24 Oct 1996
The claimants had sought damages for poisoning from organophosphates used in sheep dipping. Evidence linking the injuries to the use of the chemicals had not been found, and the actions struck out as an abuse of process. The group litigation had been struck out but it was not agreed what had happened to the individual … Continue reading Herbert George Snell and others v Robert Young and Co Limited and others: CA 21 Nov 2002
LMA An Industrial tribunal does not have the jurisdiction to entertain Francovich state liability for damages actions – these must be heard by the ordinary courts. Citations: [1997] IRLR 21, [1996] EWCA Civ 617 Jurisdiction: England and Wales Cited by: Appeal from – Mann and others v Secretary of State for Employment HL 8-Jul-1999 When … Continue reading Mann and Others v Secretary of State for Employment: CA 30 Sep 1996
Judges: Simon Brown LJ Citations: [1996] EWCA Civ 618, [1997] 1 All ER 655, [1997] EMLR 117 Links: Bailii Statutes: Defamation Act 1952 Jurisdiction: England and Wales Citing: Appeal from – Tsikata v Newspaper Publishing Plc QBD 28-Oct-1994 Qualified privilege reporting statutory proceedings stays despite doubts on findings. Jonathan Sumption QC said: ‘Historically, qualified privilege … Continue reading Tsikata v Newspaper Publishing Plc: CA 30 Sep 1996
The claimant sought damages after a car skidded on the road, and she was injured. She said the respondent was in breach of their statutory duty in having failed to clear the road. The authority said it had taken the appropriate steps to clear up the spillage, and that the accident was a result of … Continue reading De Bretton v Hampshire County Council: CA 9 Oct 1996
Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts. Citations: Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289 Links: Bailii Statutes: Race Relations Act 1976 … Continue reading Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996
The council purchased software from the defendants to calculate council taxes. Mistakes in the software undercalculated the amounts required to be recovered causing the council substantial losses. The company sought to rely upon a clause in the contract limiting the extent of their liability. Held: The clause was unreasonable in the light of the very … Continue reading St Albans City and District Council v International Computers Ltd: CA 14 Aug 1996
The claimant sought damages for the consequences of having been suspended from work as a teacher. He later recovered damages for unfair dismissal, and the court had struck out his claim for damages over and above those already awarded. Held: There is no absolute bar against a claim for damages not covered by the Employment … Continue reading McCabe v Cornwall County Council, The Governing Body of Mounts Bay School: CA 23 Dec 2002
The court considered the possible affront to jurors in a defamation action when asked to decide some elements of an action, but not others. Judges: Gray J Citations: [2002] EWHC 2726 (QB), [2002] QB 321 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Loutchansky v Times Newspapers Ltd and others CA 23-Jan-2001 The … Continue reading Loutchansky v Times Newspapers Ltd and others: QBD 12 Dec 2002
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still … Continue reading Welton, Welton v North Cornwall District Council: CA 17 Jul 1996
The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996
No issue estoppel on land value arose from a previous Secretary’s finding on Lands Tribunal. Citations: Times 03-Jun-1996, [1996] 3 All ER 693 Statutes: Land Compensation Act 1961 18 Jurisdiction: England and Wales Cited by: Cited – Forrester v The Secretary Of State For The Environment And South Buckinghamshire District Council Admn 14-Mar-1997 The applicant … Continue reading Porter and Another v Secretary of State for Transport: CA 3 Jun 1996
The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages. Held: The contention was … Continue reading Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996
A strictly mathematical approach to calculating ancillary relief can be inappropriate in large sum cases. The statutory jurisdiction has to provide for all applications for ancillary financial relief, from the poverty stricken to the multi-millionaire. Held: The court to reconcile existing practice wit the statute. Reasonable requirements are more extensive than needs. What a person … Continue reading Dart v Dart: CA 2 Jul 1996
A Bank was to assume that undue influence existed where they knew that an employee was giving security for his employer’s debt to the bank. An unlimited guarantee given by an employee to his employer’s bank was set aside as unconscionable. The circumstances in which the doctrine of unconscionable bargains would apply were similar to … Continue reading Credit Lyonnais Bank Nederland NV v Burch: CA 1 Jul 1996
