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Gard Marine and Energy Ltd v China National Chartering Co Ltd and Others: ComC 30 Jul 2013

The vessel ‘Ocean Victory’ grounded in 2006 entering a port in a storm. Held: In the first action, that the intermediate charterers were liable to the demise charterers for breach of the safe port warranty in the time charter, and likewise, in the third-party proceedings, that the charterers were liable to the intermediate charterers for … Continue reading Gard Marine and Energy Ltd v China National Chartering Co Ltd and Others: ComC 30 Jul 2013

Tyco Fire and Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd: CA 2 Apr 2008

Judges: Rix LJ Citations: [2008] EWCA Civ 286, [2008] 2 All ER (Comm) 584, [2008] Lloyd’s Rep IR 617, 118 Con LR 25, [2008] BLR 285, [2008] 1 CLC 625, [2008] 14 EG 100 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Tyco Fire and Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars … Continue reading Tyco Fire and Integrated Solutions (UK) Ltd v Rolls-Royce Motor Cars Ltd: CA 2 Apr 2008

Friends Of the Earth and Others, Regina (On the Application of) v Secretary Of State for Energy and Climate Change: CA 30 Jul 2009

The claimant challenged the implementation of the Act by the respondent, saying that they had failed to implement the actions required of it by the Act. Held: It was for the government not the courts to decide policy issues on expenditure, and to set appropriate budgets. The Minister had been free to take into account … Continue reading Friends Of the Earth and Others, Regina (On the Application of) v Secretary Of State for Energy and Climate Change: CA 30 Jul 2009

Oxonica Energy Ltd v Neuftec Ltd: CA 9 Jul 2009

The parties had entered into a patent and know-how licensing agreement, the interpretation of which was now disputed. Citations: [2009] EWCA Civ 668 Links: Bailii Jurisdiction: England and Wales Citing: Cited – 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 … Continue reading Oxonica Energy Ltd v Neuftec Ltd: CA 9 Jul 2009

Commission v Greece C-250/07: ECJ 17 Dec 2008

ECJ Law Relating To Undertakings – Opinion – The action was brought by the European Commission against Greece regarding a public procurement contract in relation to a power station on the island of Crete. The Commission argued that the contracting authority, by failing, firstly, to publish a call for tenders and, secondly, to give reasons … Continue reading Commission v Greece C-250/07: ECJ 17 Dec 2008

Adams and Another v Scottish and Southern Energy Plc and Another: TCC 22 Jul 2008

The claimant sought damages from an electrical engineers after their house burned down. They said that wiring supplying electric to the house was faulty and had caused the fire. Five boisterous bullocks had bumped into a pole supporting the wire, and the fire broke out. The arrangements to support the cable had been reduced by … Continue reading Adams and Another v Scottish and Southern Energy Plc and Another: TCC 22 Jul 2008

Bocardo Sa v Star Energy UK Onshore Ltd and Another: ChD 24 Jul 2008

The defendant had obtained a licence under the Act to extract oil from beneath its land. To do so, it had to drill at a deep level under the claimant’s land. It did so without the claimant’s permission. The claimant sought damages in trespass. Held: The intrusion was a trespass. Damages were awarded based on … Continue reading Bocardo Sa v Star Energy UK Onshore Ltd and Another: ChD 24 Jul 2008

Al-Rawas v Pegasus Energy Ltd and others: QBD 8 Apr 2008

Judgment determining the damages to be recovered by the defendants under the claimant’s cross-undertakings given in respect of damages in an order for search and seizure, and in a freezing order. Judges: Jack J Citations: [2008] EWHC 617 (QB), [2009] 1 All ER 346, [2009] 1 All ER (Comm) 393 Links: Bailii Jurisdiction: England and … Continue reading Al-Rawas v Pegasus Energy Ltd and others: QBD 8 Apr 2008

Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina. Held: The issue of such a warrant was a serious step. The court gave guidance on the practice to be followed, but it was not correct for the … Continue reading Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005

Halliburton Energy Services, Inc v Smith International (North Sea) Ltd and others: PatC 21 Jul 2005

A claim was made for a method of design in which certain calculations were to be carried out recursively, modifying the results each time until a particular criterion was satisfied. Though the method was susceptible of solution by computer, but the claim was not limited in this way. Nor was the claim limited to the … Continue reading Halliburton Energy Services, Inc v Smith International (North Sea) Ltd and others: PatC 21 Jul 2005

Langage Energy Park Ltd v EP Langage Ltd: ChD 4 Mar 2022

‘The principal issue in this trial is whether the Claimant, by written notice, triggered contingent obligations of the Defendant in a contract made in writing dated 8 January 2008 (‘the Contract’). The Contract relates to the development of the Langage Energy Centre (a gas-fired power station) by the Defendant and the adjoining Langage Energy Park … Continue reading Langage Energy Park Ltd v EP Langage Ltd: ChD 4 Mar 2022

Department for Business Enterprise and Regulatory Reform (Decision Notice): ICO 28 Jan 2008

The complainant made a request to the Department of Trade and Industry (DTI) for the advice given by civil servants to the Energy Minister in relation to the decision to grant permission for a wind farm to be built at Cefn Croes, Ceredigion, West Wales. DTI refused to disclose the information, relying on the exemption … Continue reading Department for Business Enterprise and Regulatory Reform (Decision Notice): ICO 28 Jan 2008

Uk Atomic Energy Authority (Decision Notice): ICO 16 Jun 2008

The complainant requested information held by the UKAEA in connection with its meetings with its PR firm. UKAEA refused to disclose the information held stating it was exempt under section 40, 41 and 43 of the Act. During the course of the Commissioner’s investigation UKAEA disclosed the information withheld under sections 40 and 43 but … Continue reading Uk Atomic Energy Authority (Decision Notice): ICO 16 Jun 2008

Conor Medsystems Inc v Angiotech Pharmaceuticals Inc and others: HL 9 Jul 2008

The respondents had applied for and obtained an order to revoke the appellant’s patent of a stent for obvousness. Though the parties had settled, the public law element required the intervention of the Comptroller General. The House was asked about how to identify the concept embodied in the invention which may constitute the ‘inventive step’ … Continue reading Conor Medsystems Inc v Angiotech Pharmaceuticals Inc and others: HL 9 Jul 2008

Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and others: ChD 25 Jan 2008

The claimants sought an injunction in nuisance, saying that the defendants had agreed to use all reasonable endeavours to avoid causing a nuisance to them in demolition works on their neighbouring land. Held: The injunction should be granted. It was a matter of fact and degree as to whether all proper and reasonable steps were … Continue reading Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and others: ChD 25 Jan 2008

The Department for Energy and Climate Change v Breyer Group Plc and Others: CA 28 Apr 2015

The companies had challenged canges by the Department to the schemes providing support for solar energy installations by way of the Feed-in-Tariff. They claimed substantial sums after the tariffs were reduced. Lord Dyson MR, Richards, Ryder LJJ [2015] EWCA Civ 408 Bailii Energy Act 2008, Feed-in Tariffs (Specified Maximum Capacity and Functions) Order 2010 England … Continue reading The Department for Energy and Climate Change v Breyer Group Plc and Others: CA 28 Apr 2015

Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business Energy and Industrial Strategy and Others: Admn 25 Nov 2021

The Company seeks two declarations from the court: i) That it has ‘begun’ the development for which the Order granted consent within the meaning of section 155 of the Planning Act 2008 during the period required by virtue of section 154 of the Planning Act 2008 (i.e. by 8 June 2020); and, if so ii) … Continue reading Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business Energy and Industrial Strategy and Others: Admn 25 Nov 2021

Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others: Admn 13 Nov 2008

The claimant sought judicial review of the lawfulness of search warrants given to the Commissioners and executed at their various offices. The Revenue had suspect the dishonest implementation of a tax avoidance scheme. The claimants said that there were no sufficient ground for the request for and issue of the warrants. The investigation had been … Continue reading Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others: Admn 13 Nov 2008

Secretary of State for Energy and Climate Change v Friends of The Earth and Others: CA 25 Jan 2012

The Secretary had issued a consultation on the payments for solar energy feed-in-tarriffs, with a view to the new rate being brought in in April 2012. As the consultation ended, he proposed to reduce rates from December 2011. He now appealed against a finding that this was unlawful. Held: Permission to appeal was granted, but … Continue reading Secretary of State for Energy and Climate Change v Friends of The Earth and Others: CA 25 Jan 2012

Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008

Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008

889457 Alberta Inc v Katanga Mining Ltd and others: ComC 5 Nov 2008

The parties had set out on a joint venture with deeds providing for control of the shareholdings in each other. The claimant asserted a breach of the deed and sought a remedy. The first defendant company, incorporated in Bermuda argued that the court should decline jurisdiction infavour of the courts in Congo. The second and … Continue reading 889457 Alberta Inc v Katanga Mining Ltd and others: ComC 5 Nov 2008

Star Energy Weald Basin Ltd and Another v Bocardo Sa: SC 28 Jul 2010

The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now appealed against an order reducing … Continue reading Star Energy Weald Basin Ltd and Another v Bocardo Sa: SC 28 Jul 2010

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

Walker v Northumberland County Council: QBD 16 Nov 1994

The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994

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

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

Rhodia International Holdings Ltd. Rhodia UK Ltd v Huntsman International Llc: ComC 21 Feb 2007

The parties contracted for the sale of a chemical surfactants business.The claimant had contracted to use reasonable endeavours to obtain the consent of a third party for the assignment a a contract to supply energy to the business. The defendant said that the commitment to use reasonable endeavours was equivalent to a duty to use … Continue reading Rhodia International Holdings Ltd. Rhodia UK Ltd v Huntsman International Llc: ComC 21 Feb 2007

Barker v Corus (UK) Plc: HL 3 May 2006

The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others … Continue reading Barker v Corus (UK) Plc: HL 3 May 2006

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Regina v Secretary of State for the Home Department and Another, Ex Parte Finninvest Spa and Others: QBD 23 Oct 1996

The referral of an approach from the Italian authorities for help to the Serious Fraud Office was not wrong. Where assistance is being given to an authority abroad in relation to an on-going investigation both the letter of request and the draft warrant are likely of necessity to be drawn in wide terms. The 1990 … Continue reading Regina v Secretary of State for the Home Department and Another, Ex Parte Finninvest Spa and Others: QBD 23 Oct 1996

Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002

There was to be an investigation by the SFO into allegations that some in the pharmaceutical industry were dishonestly increasing the price charged for drugs supplied to the NHS. On 27th March 2002 District Judge Nicholas Evans received written application for warrants. Held: The court considered the statutory requirements applicable to such warrants, and the … Continue reading Kent Pharmaceuticals Ltd and others v Serious Fraud Office: Admn 2002

Prince Radu of Hohenzollern v Houston and Another: QBD 7 Mar 2006

The claimant resided in Romania, and sought damages for libel. The magazine had obtained an order for security for costs. An offer had been made to cover the sum ordered, and no stifling could now happen. Held: Any order for security costs in such a situation should be limited to a sum to represent the … Continue reading Prince Radu of Hohenzollern v Houston and Another: QBD 7 Mar 2006

Badische Anilin und Soda Fabrik v Hickson: HL 1906

A British patent was not infringed by a sale of goods where the property in the goods had already passed before they arrived in this country. Lord Loreburn LC said: ‘A contract to sell unascertained goods is not a complete sale, but a promise to sell. There must be added to it some act which … Continue reading Badische Anilin und Soda Fabrik v Hickson: HL 1906

Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007

The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007

Badische Anilin und Soda Fabrik v Johnson: HL 1898

A manufacturer in Switzerland who sold and delivered in that country to an English trader goods manufactured according to an invention the subject of English letters patent had not thereby infringed the rights of the holder of the patent by using or vending the patent in England. In British patent law a product is not … Continue reading Badische Anilin und Soda Fabrik v Johnson: HL 1898

Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019

Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the claimants in the successful action were not insured, and Travelers, the defendant’s insurers resisted … Continue reading Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019

Morton – Norwich Products v Intercen (No 2): ChD 1981

The plaintiffs had alleged patent infringement and now sought to recover the costs of the action it had had to take for discovery as against HM Customs and Excise, which they said had been necessary to discover the extent of the concealed fraud alleged against the defendants. As a result of the concealment the plaintiffs … Continue reading Morton – Norwich Products v Intercen (No 2): ChD 1981

Regina v Lewes Crown Court ex parte Hill: 1991

Bingham LJ said: ‘The Police and Criminal Evidence Act governs a field in which there are two very obvious public interests. There is, first of all, a public interest in the effective investigation and prosecution of crime. Secondly, there is a public interest in protecting the personal and property rights of citizens against infringement and … Continue reading Regina v Lewes Crown Court ex parte Hill: 1991

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Regina v Southwark Crown Court and Another, Ex Parte Sorsky and Defries: QBD 21 Jul 1995

A search warrant should be issued on behalf of a foreign court only after a fullest consideration of the law, but it could be used to allow removal of material as evidence of foreign offences. The court heard an application to a Crown Court judge under the 1990 International Co-operation Act. The United States authorities … Continue reading Regina v Southwark Crown Court and Another, Ex Parte Sorsky and Defries: QBD 21 Jul 1995

Commission v Greece C-250/07: ECJ 4 Jun 2009

(Law Relating To Undertakings) Failure of a Member State to fulfil obligations Directive 93/38/EEC Public contracts in the water, energy, transport and telecommunications sectors Award of a contract without a prior call for competition Conditions Communication of the reasons for the rejection of a tender Time-limits Citations: [2009] EUECJ C-250/07 Links: Bailii Jurisdiction: European Citing: … Continue reading Commission v Greece C-250/07: ECJ 4 Jun 2009

Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others: Admn 19 Feb 2013

The claimant sought an order quashing a search warrant, and for damages. The officer had said that he had evidence that the claimants were storing an distributing from the premises large quantities of counterfeit goods and drugs. Held: The warrants were unlawful, in that the magistrates had applied the wrong test for their issue, in … Continue reading Global Cash and Carry Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court and Others: Admn 19 Feb 2013

Tulip Trading Ltd v Bitcoin Association for BSV and Others: ChD 5 Jan 2022

Security required for Bitcoin claim Two applications for security for costs. The claimant claimed against fifteen overseas residents requiring a re-write of cryotocurrency systems so that he could recover sums he said were due to him in respect of Bitcoin assets which he said have been deleted after presumably being copied by hackers. The defendants … Continue reading Tulip Trading Ltd v Bitcoin Association for BSV and Others: ChD 5 Jan 2022

Celltech R and D Ltd v Medimmune Inc: Patc 18 Jun 2004

With the consent of the parties, the court tried two questions of US patent law – file wrapper estoppel and argument estoppel, neither of which exists under our domestic law – without needing to receive expert evidence of US law. Laddie J [2004] EWHC 1522 (Pat) Bailii England and Wales Cited by: Cited – Oxonica … Continue reading Celltech R and D Ltd v Medimmune Inc: Patc 18 Jun 2004

Woolard, Re A Patent Application: PatC 12 Apr 2002

The question was what was meant by ‘application’ in section 2(3): the request, or the document. It was crucial, because if it meant the document it would have counted as prior art, and would have been novelty-destroying; but if it meant the request, it would not have done because the request had been withdrawn and … Continue reading Woolard, Re A Patent Application: PatC 12 Apr 2002

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997

Bernstein of Leigh (Baron) v Skyviews and General Ltd: QBD 9 Feb 1977

The plaintiff complained that the defendant had flown over his and neighbouring properties and taken aerial photographs, and said that this was a gross invasion of his privacy, and that the defendant had invaded his airspace to do so. The plaintiff relied on the maxim: Cujus est solum ejus est usque ad coelum et ad … Continue reading Bernstein of Leigh (Baron) v Skyviews and General Ltd: QBD 9 Feb 1977

The Law Society, Regina (on the Application of) v Legal Services Commission: CA 29 Nov 2007

The Law Society challenged the new contract proposed for legal aid providers, saying that the Unified Contract reserved too great powers to alter its terms unilaterally, and was in breach of the European Directive on standards for public procurement contracts. Held: The contract was invalid. Where amendments to the tender criteria or to the contract … Continue reading The Law Society, Regina (on the Application of) v Legal Services Commission: CA 29 Nov 2007

Powell v McFarlane: ChD 1977

Intention to Establish Adverse Possession of Land A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner. Held: Slade J said: ‘It will be convenient to begin by restating a few basic principles relating to … Continue reading Powell v McFarlane: ChD 1977

J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002

The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had overstayed the expiration of a grazing tenancy, and been asked to leave but had not been dispossessed. … Continue reading J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002

Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2): SC 11 Dec 2013

The court considered the consequences of a finding that the UK was in breach of the Aarhus Convention, as regards the ‘prohibitively expensive’ cost of proceedings. The Agency had given permission for the change of fuel for a cement works to shredded tyres, and the applicants had mounted a sustained challenge. The applicants had not … Continue reading Edwards and Another, Regina (on The Application of) v Environment Agency and Others (No 2): SC 11 Dec 2013

Benedetti v Sawiris and Others: SC 17 Jul 2013

The claimant appealed against reduction of the sum awarded on his claim for a quantum meruit after helping to facilitate a very substantial business deal for the defendants. Held: The correct approach to the amount to be paid by way of a quantum meruit where there is no valid and subsisting contract between the parties, … Continue reading Benedetti v Sawiris and Others: SC 17 Jul 2013

Peck v The United Kingdom: ECHR 28 Jan 2003

peck_ukECHR2003 The claimant had been filmed by CCTV. He had, after attempting suicide, left home with a knife, been arrested by the police and disarmed, but then sent home without charge. The CCTV film was used on several occasions to advertise the effectiveness of the CCTV system, of the police and otherwise. Only in later … Continue reading Peck v The United Kingdom: ECHR 28 Jan 2003

Kensington International Ltd v Republic of Congo: CA 7 Nov 2007

The defendants appealed against orders requiring them to disclose documents in an action regarding the payment of bribes, saying that the requirement effectively required them to incriminate themselves. Held: The appeal failed. The public interest required that those alleged to be in the possession of property belonging to a third party should be allowed to … Continue reading Kensington International Ltd v Republic of Congo: CA 7 Nov 2007

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

Bonnington Castings Ltd v Wardlaw: HL 1 Mar 1956

The injury of which the employee complained came from two sources, a pneumatic hammer, in respect of which the employers were not in breach of the relevant Regulations; and swing grinders, in respect of which they were in breach. Held: It had been wrong to formulate the question in terms of which was the most … Continue reading Bonnington Castings Ltd v Wardlaw: HL 1 Mar 1956

McGhee v National Coal Board: HL 1973

The claimant who was used to emptying pipe kilns at a brickworks was sent to empty brick kilns where the working conditions were much hotter and dustier. His employers failed, in breach of their duty, to provide him with washing facilities after his work, and he cycled home caked with sweat and dust. He suffered … Continue reading McGhee v National Coal Board: HL 1973

Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001

Cere Needed Releasing Future Claims A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead to a claim were unknown to either party, and such losses … Continue reading Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001

White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006

The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred. Held: The claim was in restitution, and the limitation period began to run from the date when the claimants discovered their mistake. The appellants had submitted that section 33 of … Continue reading Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another: HL 25 Oct 2006

Apis-Hristovich v Lakorda AD (Approximation Of Laws): ECJ 5 Mar 2009

apishristovichECJ2009 Europa Directive 96/9/EC Legal protection of databases – Sui generis right – Obtaining, verification or presentation of the contents of a database – Extraction – Substantial part of the contents of a database – Database containing official legal data.APIS had collected a database of legal materials. They alleged unlawful extraction and re-utilisation by the … Continue reading Apis-Hristovich v Lakorda AD (Approximation Of Laws): ECJ 5 Mar 2009

Bank Mellat v HM Treasury: QBD 11 Jun 2010

The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of the shares, the figure was 20% and soon to be reduced to 15%. It said … Continue reading Bank Mellat v HM Treasury: QBD 11 Jun 2010

Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’): HL 1984

A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them. Held: Though he deprecated extending the use of the expression ‘purposive construction’ from the interpretation of statutes to the interpretation of private contracts, Lord … Continue reading Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’): HL 1984

McCartney and Unite The Union and Another v Nortel Networks UK Ltd (In Administration): ChD 22 Apr 2010

The administrators gave employees of the company notice of termination of their employment. Then administrators refused consent under para 43(6) to actions against the company in the Northern Ireland Industrial Tribunal for protective awards, unfair dismissal, breach of contract and otherwise. The claims were issued anyway, and the administrators argued that they were a nullity, … Continue reading McCartney and Unite The Union and Another v Nortel Networks UK Ltd (In Administration): ChD 22 Apr 2010

Liverpool City Council v Irwin: HL 31 Mar 1976

The House found it to be an implied term of a tenancy agreement that the lessor was to be responsible for repairing and lighting the common parts of the building of which the premises formed part. In analysing the different types of contract case in which a term might be implied the House preferred to … Continue reading Liverpool City Council v Irwin: HL 31 Mar 1976

Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Brent London Borough Council and Others v Risk Management Partners Ltd: SC 9 Feb 2011

The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. The authority argued that the arrangement was exempt under the judgment in Teckal which allowed … Continue reading Brent London Borough Council and Others v Risk Management Partners Ltd: SC 9 Feb 2011

Mitsui Construction Co Ltd v Attorney General of Hong Kong: PC 1986

Lord Bridge said that poor drafting in a contract itself provides: ‘no reason to depart from the fundamental rule of construction of contractual documents that the intention of the parties must be ascertained from the language that they have used interpreted in the light of the relevant factual situation in which the contract was made. … Continue reading Mitsui Construction Co Ltd v Attorney General of Hong Kong: PC 1986

Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002

The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the condition. The claimants appealed dismissal of their claim. Held: It is for a claimant to prove that … Continue reading Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002

Tam Wing Chuen v Bank of Credit and Commerce Hong Kong Ltd: PC 1996

The Board considered a banking transaction and the application of a chargeback by the bank, under which a loan was made only after a deposit by a third party against which it was secured, and particularly in the context of the insolvency of the bank itself. Held: Lord Mustill discussed the need to construe a … Continue reading Tam Wing Chuen v Bank of Credit and Commerce Hong Kong Ltd: PC 1996

Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009

Compulsory Purchase Compensation – Land As it Is The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as equal to certainty. Held: The appeal succeeded. The land should not … Continue reading Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009

Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore: SC 9 Mar 2011

The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on epidemiological evidence. The defendants in each case argued that the Fairchild exception should not have been applied … Continue reading Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore: SC 9 Mar 2011

Aerotel Ltd v Telco Holdings Ltd and others, In re Patent Application GB 0314464.9 in the name of Neal Macrossan Rev 1: CA 27 Oct 2006

In each case it was said that the requested patent concerned an invention consisting of a computer program, and was not therefore an invention and was unpatentable. In one case a patent had been revoked on being challenged, and in the other, the appeal was against refusal. Held: Jacob LJ said: ‘the court must approach … Continue reading Aerotel Ltd v Telco Holdings Ltd and others, In re Patent Application GB 0314464.9 in the name of Neal Macrossan Rev 1: CA 27 Oct 2006

Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another: Admn 5 Dec 2014

The claimant appealed against refusal of permission to erect a six turbine wind farm. The inspector had recommended the plan, but the defendant had decided against it. Held: The claim failed. The planning inspector’s report is the starting-point for the Secretary of State’s deliberations. However, it is his statutory function to make a planning judgment … Continue reading Wind Prospect Developments Ltd v Secretary of State for Communities and Local Government and Another: Admn 5 Dec 2014

Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974

55 houses had been built by the defendant, knowingly in breach of a restrictive covenant, imposed for the benefit of an estate, and in the face of objections by the claimant. Held: The restrictive covenant not to develop other than in accordance with an agreed lay-out plan was valid. It remained, or had not been … Continue reading Wrotham Park Estate Ltd v Parkside Homes Ltd: ChD 1974