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Mansfield Vtaran Microsystems Ltd (Contract of Employment – Damages for Breach of Contract : Unfair Dismissal): EAT 14 Sep 2018

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 Agricultural Cattle Insurance Company v Sir John Foster Fitzgerald, Knight: 1851

In an action of debt for calls by a company formed under sta 7 and 8 Vict chapter 110 ; pleas nunquam indebitatus, and that the company was not completely registered : issues thereon : it is not indispensable that the plaintiffs should produce their certificate of registration, but the registering may be proved aliunde … Continue reading The Agricultural Cattle Insurance Company v Sir John Foster Fitzgerald, Knight: 1851

Eaton v The Swansea Waterworks Company: 5 Jun 1851

Case for disturbing a watercourse which of right ought to flow into plaintiff’s close to irrigate it, On the trial it appeared that the watercourse was not ancient, but that the water had flowed in its present muree for more than twenty years, past plaintiff’s close. There was evidence that during that period plaintiff, and … Continue reading Eaton v The Swansea Waterworks Company: 5 Jun 1851

Somerville v Hawkins: 1851

It is necessary for a claimant who wishes to prove malice in an alleged defamation to plead and prove facts which are more consistent with its presence than with its absence. Mawle J said: ‘it is certainly not necessary in order to enable a plaintiff to have the question of malice submitted to the jury, … Continue reading Somerville v Hawkins: 1851

Eaton v The Swansea Waterworks Company; 5 Jun 1851

References: [1851] EngR 559, (1851) 17 QB 267, (1851) 117 ER 1282 Links: Commonlii Ratio: Case for disturbing a watercourse which of right ought to flow into plaintiff’s close to irrigate it, On the trial it appeared that the watercourse was not ancient, but that the water had flowed in its present muree for more … Continue reading Eaton v The Swansea Waterworks Company; 5 Jun 1851

Boyle v Wisman: 1855

After parties were enabled to testify in most civil cases by the 1851, the court recognised that the failure of one of them to deny a fact which it is in his power to deny gives colour to the evidence against him. Judges: Alderson B Citations: (1855) 10 Exch 647 Statutes: Evidence Act 1851 Jurisdiction: … Continue reading Boyle v Wisman: 1855

Regina v Mauricia: CACD 25 Feb 2002

The defendant sought to assert that he was of previous good character. The prosecution knew of convictions abroad, and sought to admit them in rebuttal. The 1984 Act did not deal with foreign convictions. Held: The 1851 Act still applied, and appropriately certified evidence of foreign convictions could be admitted. Police fingerprint evidence was also … Continue reading Regina v Mauricia: CACD 25 Feb 2002

Griffiths v Evans: CA 1953

The parties disputed the terms on which the solicitor had been engaged, and in particular as to the scope of the duty undertaken by and entrusted to the solicitor as regards advising the client. Held: Where there is a dispute between a solicitor and the client about the existence or the terms of an oral … Continue reading Griffiths v Evans: CA 1953

Wiles v Maddison: 1943

It was proved that the defendant had the intention to commit an offence. Viscount Caldecote CJ said ‘A person might, for instance, be convicted of making an offer of an article at too high a price by putting it in his shop window to be sold at an excessive price, although there would be no … Continue reading Wiles v Maddison: 1943

McBride v The Body Shop International Plc: QBD 10 Jul 2007

The claimant sought damages for libel in an internal email written by her manager, accusing her of being a compulsive liar. The email had not been disclosed save in Employment Tribunal proceedings, and the claimant sought permission to use the email and to extend the limitation period saying it had been withheld. Held: There had … Continue reading McBride v The Body Shop International Plc: QBD 10 Jul 2007

Botham and others v TSB Bank Plc: CA 30 Jul 1996

A flat had been repossessed by the bank. The parties disputed whether items were fixtures and charged with the land or not. Held: The judge had correctly analysed and applied the law of fixtures and fittings. The appeal failed save to a limited extent. ‘The tests, in the case of an item which has been … Continue reading Botham and others v TSB Bank Plc: CA 30 Jul 1996

Ashby v White: KBD 1703

Mr Ashby a burgess of the borough of Aylesbury was deprived of his right to vote by the misfeasance of a returning officer. Held: The majority rejected the claim.Lord Holt CJ (dissenting) An action would lie: ‘If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and … Continue reading Ashby v White: KBD 1703

Fraser and Another v Canterbury Diocesan Board of Finance and Another: Chd 14 May 2003

The claimants sought to assert that land acquired under the 1841 Act reverted to them on its ceasing to be used for the purposes of a school. Lewison J summarised the evidence: ‘An analysis of the school registers for 1931 to 1947 shows that the children came from a variety of housing stock. Some came … Continue reading Fraser and Another v Canterbury Diocesan Board of Finance and Another: Chd 14 May 2003

Fraser and Another v Canterbury Diocesan Board of Finance and others: HL 27 Oct 2005

Land had been acquired by a deed under the 1841 Act, but had in 1995 ceased to be used as a school ‘for the education of children and adults of the labouring manufacturing and other poorer classes . . And for no other purpose ‘. Under the Act, the land would revert to the claimants … Continue reading Fraser and Another v Canterbury Diocesan Board of Finance and others: HL 27 Oct 2005

Khader v Aziz and Another: QBD 31 Jul 2009

The defendant sought to strike out a claim in defamation. Acting on behalf of his client the solicitor defendant was said to have called a journalist and defamed the claimant. The words were denied. Held: Assuming (which was denied) that the allegations made by the claimant were true as to what had happened, the claimant … Continue reading Khader v Aziz and Another: QBD 31 Jul 2009

Dr Qureshi v The General Medical Council: PC 14 Jul 2003

PC (The Committee on Professional Performance of the GMC) A complaint had been made against the doctor with regard to certain areas of his practice. The committee had ordered him to undergo assessments also of other areas of his practice. Held: Krippendorf should not be read to restrict the Committee to ordering assessments only in … Continue reading Dr Qureshi v The General Medical Council: PC 14 Jul 2003

Mellors v The United Kingdom: ECHR 17 Jul 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe complainant sought to pursue an appeal against his conviction for rape, but the delay of over three years in hearing the appeal led to this complaint. Held: The failure to … Continue reading Mellors v The United Kingdom: ECHR 17 Jul 2003

Radanath Doss And Others v Gisborne And Co: PC 19 Jan 1871

ER (Fort William (Bengal)) A usufructuary mortgage, to run over a certain number of years, was executed in 1828 by a member of a joint Hindoo family, with the consent of the other members, to R., who afterwards sold the mortgaged estate to H. and H, whose Agent R. was. H. and If. subsequently, in … Continue reading Radanath Doss And Others v Gisborne And Co: PC 19 Jan 1871

Sadler v The General Medical Council: PC 15 Jul 2003

(The Committee on Professional Performance of the GMC) The distinction drawn in Krippendorf between a practitioner’s current competence and past performance was not to be taken too far. The purpose of the assessment was not to punish the practitioner, but to protect the public. The standard of proof was accordingly the civil standard of balance … Continue reading Sadler v The General Medical Council: PC 15 Jul 2003

Edwards and Lewis v The United Kingdom: ECHR 22 Jul 2003

(Commission) The claimants said that the procedures used to secure their convictions amounted to entrapment, and that UK criminal procedures did not give sufficient protection so as to provide a fair trial. One was arrested with heroin, and the other in the company of an undercover officer in possession of forged currency. Each was later … Continue reading Edwards and Lewis v The United Kingdom: ECHR 22 Jul 2003

Perry v The United Kingdom: ECHR 17 Jul 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8 ; Non-pecuniary damage – financial awardThe claimant had been arrested, then released to attend an identification parade. Several attempts failed, then with senior officer’s consent he was video taped on his next visit to the police station. The tape was used to identify him, and … Continue reading Perry v The United Kingdom: ECHR 17 Jul 2003

Sigurthor Arnarsson v Iceland: ECHR 15 Jul 2003

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – Convention proceedingsThe applicant had been acquitted of the criminal charge against him at first instance. This decision was reversed on appeal by the Supreme Court after an oral hearing at which it … Continue reading Sigurthor Arnarsson v Iceland: ECHR 15 Jul 2003

Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

The police had obtained an ex parte order for the production of files from a firm of solicitors relating to financial transactions of one of their clients. The police believed that the client had been provided with money to purchase property by an alleged drug trafficker. The solicitors relied on the exemption in section 27(4)(ii) … Continue reading Regina v Central Criminal Court ex parte Francis and Francis: HL 1989

George Stephenson v Henry Theophilus Higginson: 18 Jun 1852

Ecclesiastical Court – Proctor – Registrar – Evidence – Practice – Statute, construction. of. Citations: [1852] EngR 750, (1851-52) 3 HLC 638, (1852) 10 ER 252 Links: Commonlii Jurisdiction: England and Wales Ecclesiastical Updated: 06 June 2022; Ref: scu.295873

Liennard v Slough Borough Council: QBD 15 Mar 2002

The claimant sought damages from the respondents who had been responsible for his education, for having failed to diagnose his learning difficulties. The school had recognised that he was underachieving, but diagnosis as to the reason was not easy. Held: Though the school had acted properly, it had failed to call in specialist help and … Continue reading Liennard v Slough Borough Council: QBD 15 Mar 2002

Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Lord Ashburton v Pape: CA 1913

Pape’s bankruptcy discharge was opposed by Lord Ashburton. He subpoenaed Brooks, a clerk to Lord Ashburton’s solicitor and obtained privileged letters written by Lord Ashburton to Mr Nocton, which Pape proposed to use. Pape and Brooks had colluded. But, it was accepted, there was no direct confidential relation between Pape and Lord Ashburton. Held: Lord … Continue reading Lord Ashburton v Pape: CA 1913

Regina v Derwentside Justices, Ex parte Heaviside: 1996

Establishing whether previous convictions listed were those of the defendant. Citations: [1996] RTR 384 Cited by: Cited – Regina v Mauricia CACD 25-Feb-2002 The defendant sought to assert that he was of previous good character. The prosecution knew of convictions abroad, and sought to admit them in rebuttal. The 1984 Act did not deal with … Continue reading Regina v Derwentside Justices, Ex parte Heaviside: 1996

Smith v ADVFN Plc and others: QBD 25 Jul 2008

The claimant had brought multiple actions in defamation against anonymous posters on an online forum. The claimant sought to lift the stay which had been imposed because of the number of actions. The claimant had not yet paid outstanding costs orders. Held: It was arguable that many of the postings made to the forum should … Continue reading Smith v ADVFN Plc and others: QBD 25 Jul 2008

Aziz v Republic of Yemen: CA 17 Jun 2005

The claimant had made a claim for unfair dismissal. The defendant state had filed a defence instead of claiming state immunity. It then sought to assert such immunity. The claimant said the state had waived its immunity. Held: Section 2(7) of the 1978 Act does not have the effect that only a submission by the … Continue reading Aziz v Republic of Yemen: CA 17 Jun 2005

Baccus SRL v Servicio Nacional Del Trigo: CA 1956

The defendant organisation carried on business from Spain and was sued in England for damages for breach of a commercial contract. An appearance was entered by their solicitors in London and a consent order made for security for the organisation’s costs. These steps were taken on the instructions of the head of the organisation, Mr … Continue reading Baccus SRL v Servicio Nacional Del Trigo: CA 1956

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

Telnikoff v Matusevitch: CA 1991

The court considered the element of malice in a defamation defence: ‘If a piece of evidence is equally consistent with malice and the absence of malice, it cannot as a matter of law provide evidence on which the jury could find malice. The judge would be bound so to direct the jury. If there are … Continue reading Telnikoff v Matusevitch: CA 1991

Hughes v Risbridger and Another: QBD 9 Dec 2009

The defendants, employees of British Airways, sought summary judgement against the claimant in his claim for defamation in several emails. They had discussed the detention of the claimant under suspicion of theft at the airport, and claimed qualified privilege. The defendants said that the claimant had not pleaded sufficient malice to displace that privilege. Held: … Continue reading Hughes v Risbridger and Another: QBD 9 Dec 2009

Patel v Mehtab: QBD 1980

The question was whether the premises in question were in such a state as to be prejudicial to health, being injurious, or likely to cause injury, to health. The defects included dampness. Evidence was given by a self-employed public health advisor, who had previously been a senior public health inspector. He had inspected the premises … Continue reading Patel v Mehtab: QBD 1980

Bank of England v Vagliano Brothers: HL 5 Mar 1891

The court considered the interpretation of the 1882 Act, which was said to be a codifying Act. Held: An Act is to be ascertained in the first instance from the natural meaning of its language and is not to be qualified by considerations deriving from the antecedent law.Lord Watson said: ‘The decision of the Queen’s … Continue reading Bank of England v Vagliano Brothers: HL 5 Mar 1891

Sen v Headley: CA 28 Feb 1991

D, who was in hospital and near death, said to R (his former partner): ‘The house is yours, Margaret. You have the keys. They are in your bag. The deeds are in the steel box.’ After D’s death R discovered that D had put had put into her bag the only key to a steel … Continue reading Sen v Headley: CA 28 Feb 1991

Vizcaya Partners Ltd v Picard and Another: PC 3 Feb 2016

No Contractual Obligation to Try Case in New York (Gibraltar) The appellant had invested in a fraudulent Ponzi scheme run by Bernard Madoff. They were repaid sums before the fund collapsed, and the trustees now sought repayment by way of enforcement of an order obtained in New York. Held: The appeal was allowed. There was … Continue reading Vizcaya Partners Ltd v Picard and Another: PC 3 Feb 2016

Turner v Metro-Goldwyn-Mayer Pictures Ltd (MGM): HL 1950

A letter was published which criticised a film critic’s review of the week’s films. Held: A person (including a corporation) whose character or conduct has been attacked is entitled to answer the attack, and the answer will be protected by qualified privilege provided that it is proportional and fairly relevant to the attack and the … Continue reading Turner v Metro-Goldwyn-Mayer Pictures Ltd (MGM): HL 1950

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

Jones and others v Firkin-Flood: ChD 17 Oct 2008

The trustees had contracted to sell shares in a private company held within the estate. A family member now claimed that they were held in trust after a settlement of a possible challenge to the will based in lack of testamentary capacity and undue influence. The trustees requested the court to determine the trusts on … Continue reading Jones and others v Firkin-Flood: ChD 17 Oct 2008

Sieff v Fox: ChD 23 Jun 2005

The advisers to trustees wrongly advised the trustees about the tax consequences of exercising a power of appointment in a certain way. As a result a large unforeseen Capital Gains Tax liability arose. The trustees sought to set aside the appointment in reliance on the rule in Hastings-Bass. It was also sought to avoid the … Continue reading Sieff v Fox: ChD 23 Jun 2005

Tchenguiz and Others v Imerman: CA 29 Jul 2010

Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order restraining her use of the information obtained, saying that ‘the law which protects Mr Imerman’s confidential information and … Continue reading Tchenguiz and Others v Imerman: CA 29 Jul 2010

Tower Hamlets v Barrett and Another: CA 19 Jul 2005

The defendant tenants appealed an order for them to surrender possession of land which they claimed had been acquired by adverse possession. The buildings, including one which shared a party wall with the building owned by the defendants had been demolished in 1960, and the land enclosed. By former tenants. The land was registered in … Continue reading Tower Hamlets v Barrett and Another: CA 19 Jul 2005

Seray-Wurie v The Charity Commission of England and Wales: QBD 23 Apr 2008

The defendant sought an order to strike out the claimant’s allegations of defamation and other torts. The defendants claimed qualified privilege in that the statements complained of were contained in a report prepared by it in fulfilment of its . .

Willers v Joyce and Another (Re: Gubay (Deceased) No 1): SC 20 Jul 2016

Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .