The plaintiff had been riding as a passenger in the open part of a pick up truck which crashed. Held: The passenger contributed significantly (85%) to his own injuries by choosing an unsafe mode of travel. Judges: Simon Brown J Citations: [1989] 1 WLR 702 Statutes: Civil Liability (Contributions) Act 1978 2(1) Jurisdiction: England and … Continue reading Madden v Quirk: QBD 1989
Having authorised an enquiry under section 447, the Secretary of State presented a winding-up petition of the respondent, an authorised dealer in securities. The company had been obliged to cease trade by its regulatory body. The judge held that the public interest did not require the company to be wound up as it had ceased … Continue reading Re Walter L Jacob Ltd: CA 1989
The court asked about the standard of decision making at which a court could intervene: ‘Irrationality, at least in the sense of failing to take account of relevant factors or taking account of irrelevant factors, is a difficult concept in the context of a body which is itself charged with the duty of making a … Continue reading Regina v Panel on Takeovers and Mergers ex parte Guinness Plc: CA 1989
The Court heard a complaint about a German statute providing that an employer need not pay sick pay to a part-time worker. In at least seven member states part-time workers were predominantly women (the percentages ranging from 89% in the Federal Republic to 62% in Italy; only in Denmark, at 54%, was there anything close … Continue reading Ingrid Rinner-Kuehn v Fww Spezial-Gebaudereinigung Gmbh and Co. Kg: ECJ 13 Jul 1989
EAT The court set out the factors to be taken into account when determining whether a stay of employment proceedings pending an action in the high court is appropriate, including a similarity of issues between the two sets of proceedings, the complexity of those issues, the technicality of the evidence and the amount of damages … Continue reading First Castle Electronics Ltd v West: EAT 1989
An expert’s report prepared for the plaintiff was by mistake enclosed along with a letter to the defendant’s solicitors. When informed of the mistake the plaintiff’s solicitors sought its return with an undertaking to make no use of it. The plaintiff’s solicitors subsequently received a revised report which was more favourable to his position, which … Continue reading Webster v James Chapman and Co: 1989
In a case where there is no dispute as to the executor’s entitlement to act in the estate, the right of the executor to decide on the mode of burial is likely to be accorded a high priority. The deceased’s wishes are one of the relevant factors to be taken into consideration. Judges: Vinelott J … Continue reading Re Grandison; Grandison v Nembhard: ChD 10 Jul 1989
The court considered the approach to be taken by an appellate court asked to review a sentence said to be unduly lenient: ‘The first thing to be observed is that it is implicit in the section that this Court may only increase sentences which it concludes were unduly lenient. It cannot, we are confident, have … Continue reading Attorney-General’s Reference (No 4 of 1989): CACD 1990
The father appealed an order refusing him direct contact with the child. The judge had made the order because he considered that the mother’s hostility to contact made it likely that her health would suffer if contact was ordered, and that the children’s health would suffer in turn. Held: The appeal was allowed. Stopping a … Continue reading In Re P (Minors) (Contact): CA 15 May 1996
The issue raised on this appeal and cross-appeal is whether three products manufactured by Actavis would infringe a patent whose proprietor is Lilly, namely European Patent (UK) No 1 313 508, and its corresponding designations in France, Italy and Spain. Held: Eli Lilly’s appeal succeeded. The Actavis products directly infringed the respondent’s patents. The Court … Continue reading Eli Lilly v Actavis UK Ltd and Others: SC 12 Jul 2017
J, the owner of the goods, sued in detinue the defendant W to whom they had been delivered at the request of a third party, P, who had failed to pay for them. W refused to deliver up the goods. Held: The claim was not maintainable. Lord Evershed MR said: ‘I take [the judgment below] … Continue reading Jarvis v Williams: CA 1955
The parents were dependent on drugs. The guardian ad litem proposed that the authority should fund treatment of the parents and child in a residential unit with assessment. The authority proposed a detoxification programme. The authority appealed an order following the guardian’s recommendation. Held: The order was for treatment not assessment and therefore outside the … Continue reading Re D (Jurisdiction: Programme of Assessment or Therapy): CA 12 May 1999
The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used. Held: The appeals failed. The judge had acted properly in that when considering the exercise of his judgment under section 78 of the … Continue reading Adeojo and Another v Regina: CACD 6 Feb 2013
C was born with a liver defect. After a failed operation, the parents, both caring health professionals, decided not to put him through major surgery again. The local authority and doctors obtained an order to allow a potentially life saving liver transplant. The parents now appealed. Held: The appeal succeeded.Butler-Sloss LJ said: ‘it is clear … Continue reading In re T (a Minor): CA 24 Oct 1996
A senior Peruvian diplomat was involved in importing a large quantity of cocaine with the aid of diplomatic paraphernalia; he was using, amongst other things, a Peruvian diplomatic pouch. He was identified by the judge as a senior figure in the Peruvian drug industry. He was working in this case with another, who was also … Continue reading Regina v Scamaronie: CACD 1992
(Oral judgment, Millett LJ) The question was whether it is a proper exercise of discretion to refuse to make an order for the production of documents at an interlocutory hearing on the sole ground that they are wanted in order to establish the jurisdiction of the Court. Held: Jurisdiction depended on whether one defendant was … Continue reading Canada Trust Company and others v Stolzenberg and others: CA 28 Apr 1997
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh. Held: Earlier comparable applications had been made under human rights law, but this was under the 1976 Act. The evidence established that the Sikh … Continue reading Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another: Admn 29 Jul 2008
EAT Equal Pay Act – Equal value When an Independent Expert has been appointed by an Employment Tribunal to report on an equal value question, rule 11(4) of Sched 6 to Employment Tribunal Regulations 2004 allows a party to call another expert provided this evidence does not challenge the facts. When an IE did not … Continue reading Middlesbrough Borough Council v Surtees and others: EAT 24 Aug 2007
Mrs Hoogendijk suffered from a high degree of disablement. She lost benefits to which she had been entitled as a consequence of amendments which the Dutch government introduced to remove the discriminatory exclusion of married women from the relevant security scheme while at the same time seeking to keep the costs of the scheme within … Continue reading Hoogendijk v The Netherlands: ECHR 6 Jan 2005
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
The council appealed against what it said was a lenient sentence imposed on a doctor for malpractice. Held: It was relevant to take account of the way criminal courts dealt with appeals against lenient sentences. The test in relation to an appeal would be different depending on whether the appeal is mounted against an excessive … Continue reading Council for the Regulation of Healthcare Professionals v General Medical Council and Dr Solanke: Admn 30 Apr 2004
Supreme Court of Canada Appellant testified at his trial for drug trafficking and, at the close of his defence, brought an application for a stay of proceedings on the basis of entrapment. His testimony indicated that he had persistently refused the approaches of a police informer over the course of six months, and that he … Continue reading Regina v Mack: 15 Dec 1988
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
Solicitors sought to challenge an order disallowing a costs item for the administration of an estate which included a percentage of the estate. Held: Despite advances in time recording, ‘we see no reason to say that it is no longer appropriate for solicitors to make a separate charge based on value, provided always that one … Continue reading Jemma Trust Company Ltd v Liptrott, Forrester, Kippax Beaumont Lewis: CA 24 Oct 2003
The claimant challenged a decision that it was liable for non domestic rates in respect of some commercial units, on the basis that the use by the charity was not itself charitable. Held: ‘there is no reason for limiting the ambit of the phrase in the way contended for by the Appellant. As was pointed … Continue reading Kenya Aid Programme v Sheffield City Council: Admn 22 Jan 2013
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to live with her husband’s brother. Her three children, … Continue reading Nessa v Chief Adjudication Officer: HL 3 Nov 1999
The applicants were partners and staff in Ernst and Young. They sought a stay of disciplinary proceedings brought against them by the accountancy regulators pending resolution of the civil claim against them in respect of closely related issues involving the Equitable Life insurance company. Held: There was at this stage no sufficient burden imposed on … Continue reading Land and others v the Executive Counsel of the Joint Disciplinary Scheme: QBD 15 Oct 2002
The court considered the law as to whether disciplinary procedings should be stayed pending the outcome of civil proceedings. Held: The court was not reviewing the decision not to adjourn the proceedings, but exercising an original jurisdiction whether to grant a stay. That jurisdiction must be used sparingly. The court must balance any prejudice to … Continue reading Regina v Executive Counsel of the JDS, ex parte Hipps: ChD 1996
The association sought a judicial review of a decision not to pay compensation in respect of their or their parents or grandparents’ internment by the Japanese in the Second World War. Payment was not made because those interned were not born in Britain. Held: No legitimate expectation had been created and relied upon. The parliamentary … Continue reading The Association of British Civilian Internees – Far Eastern Region (ABCIFER) v Secretary of State for Defence: CA 3 Apr 2003
PC (The Professional Conduct Committee of the GMC) The appellant, a locum general practitioner, had been charged with failing to examine a patient adequately and take prompt action to refer her to hospital. At the hearing before the Committee he became aware of newspaper reports of a previous finding against him of serious professional misconduct … Continue reading Dr Ramachandran Subramanian v The General Medical Council: PC 5 Dec 2002
The parents were suspected of causing the child non-accidental injury. The court wanted a residential assessment of the family, but the local authority refused, saying it would be too expensive, and would expose the child to continuing risk. The judge made an interim care order and gave an order for a residential assessment. The parents … Continue reading In Re C (A Minor) (Interim Care Order: Residential Assessment): HL 29 Nov 1996
When ordering a local authority to pay the costs of residential assessment of mother and child, the court should allow for these factors. It must be assessment not treatment, in long term interests of the child, to enable court to decide and not unreasonable. As to Re C: ‘ . . it does seem to … Continue reading In Re M (Residential Assessment Directions): FD 23 Sep 1998
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
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the treatment of the mother. Held: The appeal succeeded: ‘the main purpose of the proposed … Continue reading Kent County Council v G and others: HL 24 Nov 2005
The defendant sought damages against the defendant for personal injury from his alleged negligence. Her action was struck out and she recommenced the action. The defendant pleaded that she was out of time. The claimant said that the first action having been struck out, the judge retained his discretion to disapply the limitation period, following … Continue reading Jacqueline Adam v Rasal Ali: CA 21 Feb 2006
The claimant partnership had sought a contribution from the defendants to the damages awarded against it. Held: The section made allowance for non-causative factors when calculating a contribution, but the extent to which they should be allowed for was restricted. Judges: Arden, Keene LJJ Citations: [2005] EWCA Civ 962, Times 19-Sep-2005 Links: Bailii Statutes: Civil … Continue reading Brian Warwicker Partnership v HOK International Ltd: CA 27 Jul 2005
The store introduced a system whereby when a customer paid by credit card, the charges made to them for card handling were expressed as a separate amount on the receipt. The store then said that VAT was payable only on the net amount allocated to the goods purchased. Held: The till slip was insufficent to … Continue reading Revenue and Customs v Debenhams Retail Plc: CA 18 Jul 2005
EAT Practice and Procedure – Postponement or stay – Application for stay of ET proceedings pending GMC professional misconduct hearing refused. No error of law; if so; stay appropriate. Judges: His Honour Judge Clark Citations: UKEAT/0288/04, [2004] UKEAT 0288 – 04 – 0906 Links: Bailii, EAT Statutes: Employment Tribunal Procedure Regulations 2001 10(2)(d), Employment Tribunals … Continue reading P v West Dorset General Hospital NHS Trust: EAT 9 Jun 2004
An elder child had died, and the local authority felt unable to exculpate either the father or the mother. On the birth of this child all three had been brought in for a residential assessment. First one then another extension was sought. The court found that this service had become therapeutic rather than for assessment, … Continue reading In re G (a Child) (Interim Care order: Residential assessment): CA 27 Jan 2004
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
Europa 1. The Court has consistently held that persons other than those to whom a decision is addressed may claim to be concerned within the meaning of the second paragraph of Article 173 only if that decision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in … Continue reading William Cook plc v Commission of the European Communities (Rec 1993,p I-2487) (SV93-201) (Judgment): ECJ 19 May 1993
A complainant before an industrial tribunal will only be allowed to amend her statement in order to add an allegation of victimisation for sex discrimination where this arises naturally from the facts alleged. In this case the new claim was rather more than an amendment and amounted to a substitution of a new claim which … Continue reading Bryant v Housing Corporation: CA 21 May 1998
The parents were unmarried. The mother had registered the child under her former partner’s surname. The father sought an order that his name be used instead. The mother’s apeal against an order to that effect had succeeded. Held: The father’s appeal succeeded. When considering changing a child’s name by means of a specific issue order, … Continue reading Dawson v Wearmouth: HL 4 Feb 1999
The plaintiff sued a friend of hers for wrongly advising her that a car she was thinking of buying was in good condition. Held: An agent, even a volunteer, owed a duty of care appropriate for those circumstances. The measurement was objective, not subjective. The defendant knew he was to be relied upon, and the … Continue reading Chaudry v Prabhakar: CA 1988
The applicant lost her flat and had been refused emergency housing for herself and her child. She had a very troubled history with severe emotional trauma, and was disorganised. He application was refused on the ground of her having become intentionally homeless. The authority refused to extend her time to request a review. She now … Continue reading C v London Borough of Lewisham: CA 4 Jul 2003
Acquisition of Habitual Residence Habitual residence can in principle be lost and another habitual residence acquired on the same day. Held: The provisions giving the courts of a member state jurisdiction also apply where there is an alternative jurisdiction in a non-member state such as the United States. The Regulation also deals with how child … Continue reading A v A and another (Children) (Children: Habitual Residence) (Reunite International Child Abduction Centre intervening): SC 9 Sep 2013
The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005
The authority had carried out an inquiry into its handling of an application for a care order. It sought to restrain republication of the report. Held: There were competing requirements under the Convention. Any jurisdiction to restrain publication must be exercised in such circumstances only to protect the children involved. The scope to act for … Continue reading In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003
Two children were born in Norway to a British mother (M) and Norwegian father (F). Having lived in Norway, M brought them to England to stay, but without F’s knowledge or consent. M replied to his application for their return that the children would be at risk if returned, alleging psychological abuse by F. She … Continue reading Re E (Children) (Abduction: Custody Appeal): SC 10 Jun 2011
The court considered the authorities bearing on the question of whether or not a claim under a quantum meruit can successfully be made for work done in anticipation of a contract which does not materialise. Strauss J concluded: ‘I have found it impossible to formulate a clear general principle which satisfactorily governs the different factual … Continue reading Countrywide Communications Limited v ICL Pathway Ltd: 1996
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers said that these damages were too remote. Held: The employer’s appeal was dismissed.Lord Bingham said: ‘Mr … Continue reading Corr v IBC Vehicles Ltd: HL 27 Feb 2008
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
Europa 1. Procedure – preliminary ruling – jurisdiction of the court of justice – limits (EEC treaty, article 177) 2. Policy of the EEC – rules on competition between undertakings – agreements which may affect trade between member state – concept (EEC treaty, article 85) 3. Policy of the EEC – rules on competition between … Continue reading Franz Volk v S P R L Ets J Vervaecke (Judgment): ECJ 9 Jul 1969
The parents of a baby born to a HIV positive mother were strongly opposed to the testing of the child for HIV and to any form of medical intervention. Held: There is a presumption that the united view of the parents of a child as to the treatment of the child correctly identified the best … Continue reading In Re C (A Child) (HIV Test): FD 14 Sep 1999
A British consortium looked for assistance in providing a hydro-electric project on the Pergau river. One interested government department advised that it was not economical and an abuse of the overseas aid programme, but the respondent decided to approve support. The applicants, a pressure group involved in giving advice and assistance on issues of aid, … Continue reading Regina v Secretary of State for Foreign and Commonwealth Affairs ex parte World Development Movement Ltd: QBD 1995
The deceased died in a motor accident, aged 44. The parties, his mother and father, disputed control over his remains, and requested an order from the court. Held: The court has such an inherent jurisdiction. Since the claimants had an equal right as his parents to apply for letters of administration, that court could not, … Continue reading Hartshorne v Gardner: ChD 14 Mar 2008
The claimant said his property had the benefit of covenants in a building scheme so as to allow him to object to the building of an additional house on a neighbouring plot in breach of a covenant to build only one house on the plot. Most but not all of the 66 houses were subject … Continue reading Small v Oliver and Saunders (Developments) Ltd: ChD 25 May 2006
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
The claimant ha been involved in the management of a company operating a ferry in Egypt. The claimant had been acquitted in Egypt of criminal liability, but then convicted in his absence on appeal, after submissions made on his behalf were discounted because of his absence. After sentence to imprisonment, the Egyptian court requested the … Continue reading Ismail, Regina (on The Application of) v Secretary of State for The Home Department: SC 6 Jul 2016
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005
A public authority, and the Prison Service in particular, is free, within the limits of rationality, to decide on any policy as to how to exercise its discretions; it is entitled to change its policy from time to time for the future, and a person whose case falls within the scope of the policy is … Continue reading In Re Findlay, in re Hogben: HL 1985
Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
The wife joined in a charge on the family home to secure her husband’s business borrowings. The husband was found to have misrepresented to her the effect of the deed, and the bank had been aware that she might be reluctant to sign the deed. Held: The charge was not to be enforced. The bank … Continue reading Barclays Bank Plc v O’Brien and Another: HL 21 Oct 1993
EAT Practice and Procedure : Amendment – Amendment of an ET claim to add a new cause of action – ACAS Early Conciliation (Section 18A Employment Tribunals Act 1996 (as amended)) At a Preliminary Hearing, the Claimant applied to amend to add a new claim (victimisation), which post-dated the ET1. The Respondent objected solely on … Continue reading Science Warehouse Ltd v Mills: EAT 9 Oct 2015
Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009
The claimant sought a declaration that restrictive covenants imposed in 1896 affecting its land were no longer effective. Held: The declaration was granted. Under the 1881 Act (as opposed to the 1925 Act) covenants were not automatically attached to the land. Here there was no implied or explicit annexation of the covenants. The covenants were … Continue reading Seymour Road (Southampton) Ltd v Williams and Others: ChD 29 Jan 2010
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in the first place. Held: The new landlord was not liable for the … Continue reading Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006
F appealed against the removal of his parental responsibility for his son. M and F were not married, but F had been named on the birth certificate. He had later been convicted of sexual assaults against two daughters of M by an earlier relationship. Held: ‘where a judge applies the concept of the paramountcy of … Continue reading Re D (A Child): CA 26 Mar 2014
The plaintiff appealed against rejection of his claim that the car he had bought from the defendant was not of merchantable quality. The goods were a Range Rover bought for a sum in excess of pounds 14,000. Held: The appeal was allowed. Goods which were defective on delivery were not to be taken to be … Continue reading Rogers v Parish (Scarborough) Ltd: CA 1987
The court was asked whether Moir would be entitled to legal aid to bring a derivative action on behalf of a company against its majority shareholder. Held: A minority shareholder bringing a derivative action on behalf of a company could obtain the authority of the court to sue as if he were a trustee suing … Continue reading Wallersteiner v Moir (No 2): CA 1975
The court was asked whether K, a 13-year-old girl, should attend the hearing of an application by her local authority to keep her in secure accommodation for three months. She wanted to be at the hearing, but the local authority opposed her attendance on welfare grounds. Held: The child should be allowed to attend: ‘the … Continue reading In re K (A Child): FD 16 May 2011
Fairness of SIAC procedures Each defendant was to be deported for fear of involvement in terrorist activities, but feared that if returned to their home countries, they would be tortured. The respondent had obtained re-assurances from the destination governments that this would not happen. Held: Though in each case, SIAC had considered special materials, the … Continue reading RB (Algeria) and Another v Secretary of State for the Home Department; OO (Jordan) v Same; MT (Algeria) v Same: HL 18 Feb 2009
Wind Farm Permission Took Proper Account Sustainable Shetland challenged the grant of permission for a wind farm saying that the respondents had failed properly to take account of their obligations under the Birds Directive, in respect of the whimbrel, a protected migratory bird. Held: The appeal failed. It was clear that the Ministers had properly … Continue reading Sustainable Shetland v The Scottish Ministers and Another (Scotland): SC 9 Feb 2015
A witness had been warned to attend court, but had not served with an order and did not attend. The defendant appealed against his conviction saying that her evidence should not have been read to the jury. He had faced allegations of sexual abuse of his wife’s younger sisters. Two gave evidence, but the third … Continue reading Regina v EED: CACD 28 May 2010
The father sought leave to appeal against care orders made in respect of his three children. The family were Pakistani Pathan muslims. There had been disputes and violence within the extended family. One family member sought protection but was now alleged herself to be responsible for threats and violence. After a fire, the children were … Continue reading AM v Local Authority and Another; Re B-M (Care Orders): CA 16 Mar 2009
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database. Held: (Unanimous) The retention was unlawful. Though other member states retained some DNA samples in certain conditions, the UK was … Continue reading Marper v United Kingdom; S v United Kingdom: ECHR 4 Dec 2008
The defendant was conducting a public enquiry into the culture, ethics and practices of national newspapers. The claimant and others objected to the admission of anonymous evidence from journalists afraid of career blight. The claimants complained of the lack of fairness, lack of openness and breach of Convention rights. Held: The request for judicial review … Continue reading Associated Newspapers Ltd, Regina (on The Application of) v Rt Hon Lord Justice Leveson: Admn 20 Jan 2012
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009
No presumption for Mother on Relocation The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence. Held: The move was a serious interference … Continue reading Payne v Payne; P v P: CA 13 Feb 2001
Adverse Comments by Judge Need not be Show of Bias In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The … Continue reading Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999
Each claimant said that they had been wrongfully arrested, the arresting police officers having either failed to ask whether the arrest was necessary (Farrelly), or mistakenly concluding so. Held: The Order now contained in regulation 26(5) an exhaustive list of the possible reasons for an arrest, and the Code of Practice required the officer to … Continue reading Alexander, Farrelly and Others, Re Judicial Review: QBNI 5 Mar 2009
Care proceedings statement disclosed to MI5 The court had decided to permit the Local Authority to disclose the mother’s statement made to them in care proceedings to the Police imposing certain additional restrictions. The Police now applied for permission to disclose the statement further to the Security Service. There was concern that the father of … Continue reading The Commissioner of Police of the Metropolis v A local Authority, X, Y and Z (Disclosure To The Security Service): FD 6 Oct 2016
A child was found to have bruising consistent with physical abuse. Either or both parents might have caused it, but the judge felt it likely that only one had, that he was unable to decide which, and that they were not so serious that he had to say that the other must have known. Held: … Continue reading In re S-B (Children) (Care proceedings: Standard of proof): SC 14 Dec 2009
Contempt sentence to reflect existing punishment The wife appealed against a sentence of imprisonment imposed for a second contempt of court. She said that the behaviour complained of had already been dealt with in criminal proceedings. Held: The sentence was reduced. The second court should be fully informed of the factors and circumstances reflected in … Continue reading Slade v Slade: CA 17 Jul 2009
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible … Continue reading Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004
Evidence allowed – Care Application after Abuse Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still been been found. Held: A care order could … Continue reading In re H and R (Minors) (Child Sexual Abuse: Standard of Proof): HL 14 Dec 1995
A substantial historic estate had been divided. A development of one property was by way of leasehold timeshare properties enjoying rights over the surrounding large grounds with sporting facilities. A second development was created but wit freehold . .
The claimant alleged discrimination in the failure to select him as a candidate. As a Pakistani, he was excluded by a decision not to select such a candidate for this constituency after allegations (later shown false) had been made against that . .
The appellant solicitor acted in a land transaction. The land was mortgaged to the respondent bank. She wrote to the bank stating her client’s intention to repay the whole loan. The letter was negligently mistaken and the bankers allowed the . .
The financial claims on divorce had been settled by a compromise recorded in a court order. The order included periodical payments to the former wife. After she suffered financial losses, she sought an increase, and the former husband sought an . .
References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091 Links: Bailii Coram: The President An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003