Part of a chose in action is not capable of being validly separately assigned in order to stop a court action. Citations: Times 10-Oct-1996 Jurisdiction: England and Wales Cited by: Appeal from – Investors Compensation Scheme Ltd v West Bromwich Building Society and Others CA 1-Nov-1996 Public policy rendered an assignment of a remedy void, … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society; Etc: ChD 10 Oct 1996
The Tribunal considered the applicability of the 1996 Act to those employed abroad after the repeal of s196: ‘In our view the repeal of section 196 (2) cannot be taken to have had the effect that employees who had or whose employment had a substantial connection with Great Britain should not be entitled to the … Continue reading Financial Times Ltd v Bishop: EAT 25 Nov 2003
Public policy rendered an assignment of a remedy void, where the assignment was an attempt to split it from another remedy. For the purpose of construing a contract the law excludes from the admissible factual background the previous negotiations of the parties. This is due to ‘reasons of practical policy’. What is said in the … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society and Others: CA 1 Nov 1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still … Continue reading Welton, Welton v North Cornwall District Council: CA 17 Jul 1996
Citations: [1996] EWCA Civ 557, [1996] 2 All ER 449 Jurisdiction: England and Wales Cited by: Cited – Hillsdown Holdings plc v Pensions Ombudsman 1997 The court had to answer the question of whether the Pensions Ombudsman could make orders which the court could not. Held: It could not, Knox J said: ‘there is a … Continue reading Miller; KC Independent Trustees Limited v Stapleton and Pensions Ombudsman: CA 30 Jul 1996
Party may contract out of right of set-off. Issue justiciable under Order 14. Citations: Times 01-May-1996, [1996] CLC 1564 Jurisdiction: England and Wales Cited by: Cited – WRM Group Limited (Formerly Known As WRM Logistics Limited) v Wood; Burcher; Wood; Chick and Irving CA 21-Nov-1997 Breach of share sale agreement. . .Cited – BOC Group … Continue reading Coca-Cola Financial Corporation v Finsat International Ltd and Others: CA 1 May 1996
It was claimed that a loan to the employee from a customer of the employer coupled with an exclusive supply agreement by the employee as and when the competing business becomes operative was in breach of an non-compete clause. Held: The injunction was granted. It was not incumbent on an employer to point out to … Continue reading Lancashire Fires Ltd v S A Lyons and Co Ltd: CA 1996
Many businesses, having been ordered to suspend business during the Covid-19 epidemic, sought to claim under business interruption insurance. The claims were rejected by the insurers and the insurers now appealed from a finding that they had been liable under a variety of clauses. Held: The appeal failed.‘ A disease that spreads is not something … Continue reading The Financial Conduct Authority and Others v Arch Insurance (UK) Ltd and Others: SC 15 Jan 2021
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011
The issue was whether ‘data’ within the Data Protection Act 1984 was limited to data in computer-readable form. Held: The offence of the ‘use’ of protected data required something beyond inspection on a computer screen including printout. There is a tension at inter-state level between the need to protect privacy, and the need for free … Continue reading Regina v Brown (Gregory): HL 9 Feb 1996
Europa Tax provisions – Harmonization of laws – Indirect taxes on the raising of capital – Capital duty levied on capital companies – Application to merger transactions effected by increasing the capital of the acquiring company – Imposition within the limits laid down by the Community rules – Preliminary rulings – Interpretation – Effect of … Continue reading Bautiaa and Societe francaise maritime v Directeurs des services fiscaux des Landes and du Finistere: ECJ 13 Feb 1996
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation. Held: The respondent’s rejection of the recommendations in some cases lacked cogency and fell short of the requirement.Carnwath LJ said: ”Discussion: In considering the application of Bradley to … Continue reading Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009
The Compensation scheme extends only for liability arising after December 18 1986. Citations: Times 27-Dec-1996 Statutes: Financial Services Act 1986 54 Jurisdiction: England and Wales Financial Services Updated: 23 July 2022; Ref: scu.86955
Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the company, but Saudi law would not recognise such trusts. The shares had been … Continue reading Akers and Others v Samba Financial Group: SC 1 Feb 2017
The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made. Held: The contract had to be construed as a whole. Under the contract, the sum became … Continue reading Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996
The Pensions Ombudsman may not order trustees of a pension scheme to pay compensation which was ultra vires the scheme. Citations: Times 12-Mar-1996 Statutes: Pensions Act 1993 Jurisdiction: England and Wales Cited by: Cited – Hillsdown Holdings plc v Pensions Ombudsman 1997 The court had to answer the question of whether the Pensions Ombudsman could … Continue reading Westminster City Council v Haywood and Another: ChD 12 Mar 1996
The Government should not be ordered to pay compensation for failing to implement a European Directive which remained ambiguous. A failure to implement a directive into national law may be actionable but there would normally be only small damages. The breach here had not involved a manifest and grave disregard of European law. LMA BT … Continue reading Regina v H M Treasury, ex parte British Telecommunications: ECJ 26 Mar 1996
(Hong Kong) The appellant had placed foreign exchange transactions with the respondents. He claimed that they were acting as his agents, and claimed that they had made undisclosed profits. They claimed to have been acting as principals. He now appealed a finding that he knew that they were so acting. Held: The issue turned on … Continue reading Mak v Wocom Commodities Limited: PC 11 Nov 1996
The court was asked whether a clause in a share sale agreement setting out the payment obligation worked to preclude the purchaser from exercising a right of set-off when the time comes to pay a later instalment of the price. Held: The appeal was dismissed. The right of set-off had effectively been excluded. ‘The meaning … Continue reading BOC Group Plc v Centeon Llc and Centeon Bio-Services Inc: CA 29 Apr 1999
Investors can pursue their claims for pensions miss-selling despite a regulators review. That review was not an arbitration such as to lead to the loss of the right to sue. Citations: Ind Summary 26-Feb-1996, Times 24-Jan-1996 Financial Services, Arbitration Updated: 15 May 2022; Ref: scu.79261
Citations: [1996] EWCA Civ 1009 Statutes: Financial Services Act 1986 187(1) Jurisdiction: England and Wales Citing: Cited – Davis v Radcliffe PC 5-Apr-1990 (Isle of Man) Misfeasance in public office. Held: No duty of care was owed by financial regulators towards investors. . . Cited – Yuen Kun-Yeu v Attorney-General of Hong Kong PC 1987 … Continue reading Tee v Lautro Limited: CA 20 Nov 1996
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility. Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if convicted) to pay a financial penalty. In such a case he will enjoy the constitutional safeguards afforded … Continue reading AB v South West Water Services Ltd: CA 1993
Parliament had made detailed provision in a number of Acts for the discharge of the housing duties by local authorities. These detailed provisions did not contain a power to give a guarantee in connection with a bank loan to a company which the local authority had formed to assist in the acquisition and development of … Continue reading Credit Suisse and Another v Waltham Forest London Borough Council: CA 20 May 1996
A mother applied for financial provision for her twin children under 1989 Act Sch 1. The father asked whether he was their parent within the Schedule. They had been born by artificial insemination. He accepted that he was the donor of the sperm and the biological father, but said that whilst he willingly donated the … Continue reading Re B (Parentage): FD 1996
It was because the purchase and sale of shares by a charitable trust was not an economic activity that the VAT paid on the fees for professional services relating to those transactions were not recoverable; there was no downstream economic activity to which the costs could be linked.The concept of economic activities, within the meaning … Continue reading Wellcome Trust Ltd v Commissioners of Customs and Excise: ECJ 10 Jul 1996
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015
A libel case against a French paper was rightly brought in UK despite the small (250 copies nationally and 5 in the plaintiff’s local area (Yorkshire)) circulation here. The Brussels Convention allows a claim for defamation in UK though the main public was abroad. Lord Jauncey of Tullichettle said: ‘Where English law presumes the publication … Continue reading Shevill and Others v Presse Alliance SA: HL 26 Jul 1996
ECJ (Judgment) 1. The procedure laid down by Directive 90/531 on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors must be observed irrespective of the nationality or seat of the tenderers. The obligation, imposed on contracting entities by Article 4(1) of the directive, to apply procedures which are adapted … Continue reading Commission v Belgium C-87/94: ECJ 25 Apr 1996
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his personal data held by the bank. The Financial Services Authority disclosed some copies of documents relating to the … Continue reading Durant v Financial Services Authority: CA 8 Dec 2003
The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They objected that the policy statement would require them to act beyond their obligations in law. Held: The … Continue reading British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another: Admn 20 Apr 2011
The claimant sought, through judicial review, control over 8 emails sent by them to their lawyers. They claimed legal advice privilege, but the emails contained advice sent by their chartered accountants. The defendant had sought to use them in the course of an investigation of the claimant’s professional conduct. Held: In fact the solicitors had … Continue reading Ford, Regina (on The Application of) v The Financial Services Authority: Admn 11 Oct 2011
The plaintiffs were junior doctors employed by the respondents. Their terms had been collectively negotiated, and incorporated the Regulations. During the period of their employment different regulations had given and then taken way their right to . .
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Financial Services Act. Applicability of the Act to forex transactions. Meaning of ‘investments’, applicability of regime in respect of ‘authorised persons’ and Securities Fixtures Authority, s43(1) -listed institution – applicability of regime for excepted person. Judges: Thomas J Citations: [1998] CLC 277 Statutes: Financial Services Act 1996 Jurisdiction: England and Wales Financial Services Updated: 05 … Continue reading Ismene Larussa – Chigi v C S First Boston Ltd: ComC 18 Dec 1997
There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs Dalziel made oral complaints to the officer who attended upon them. He later returned and Mr … Continue reading Buckley v Dalziel: QBD 3 May 2007
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
The court had to answer the question of whether the Pensions Ombudsman could make orders which the court could not. Held: It could not, Knox J said: ‘there is a real distinction between ordering compensation for inconvenience and distress caused by maladministration as an adjunct to the power to remedy injustice caused by maladministration which … Continue reading Hillsdown Holdings plc v Pensions Ombudsman: 1997
Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police. Held: The appeal succeeded. There is no implied undertaking as to the use of disclosed documents … Continue reading Mahon and Another v Rahn and Others (1): CA 12 Jun 1997
The defendant’s pension scheme had been set up by deed in 1949. The trustees argued that the firm had an obligation to make substantial additional contributions to ensure it was not underfunded. The defendants argued that it was a money purchase scheme. Held: Contributions were to be made by the employer and by its employees … Continue reading AON Trust Corporation Ltd v KPMG and others: ChD 29 Jul 2004
A bond contained an arbitration clause subject to a further clause giving the claimant an ‘exclusive right at its option to apply to the courts of England to settle any disputes which may arise out of or in connection with these presents’. The defendants started an arbitration challenging the claimant’s assertion that events of default … Continue reading Law Debenture Trust Corporation Plc v Elektrim Finance Bv and others: ChD 1 Jul 2005
The Secretary of State sought a disqualification order. The director argued that one shoul not be made in the absence of some breach of legal duty, some dishonesty should be shown. Held: The answer was a mixture of fact and law. A breach of duty alone was neither necessary nor sufficient. Unfitness by reason of … Continue reading The Secretary of State for Trade and Industry v Goldberg, Mcavoy: ChD 26 Nov 2003
The taxpayer company entered into an arrangement in which shares were purchased by a company based in Ireland and resold. A claim was made for holdover relief. Held: The scheme failed. The restriction imposed did not infringe the right of establishment under European law since the company was not restricted from setting up business. It … Continue reading Foulser and Another v HM Inspector of Taxes: ChD 20 Dec 2005
The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme. Held: Since the calculations employed would have been carried out for others whether or not the instant pension scheme … Continue reading Legal and General Assurance Society Ltd v CCA Stationery Ltd: ChD 12 Dec 2003
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 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
Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014
Local authorities in Denmark sought to recover sums paid to the defendant banks for swap trading, saying that the payments had been outwith their powers. Judges: Tomlinson J Citations: [2009] EWHC 2227 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Westdeutsche Landesbank Girozentrale v Islington London Borough Council HL 22-May-1996 Simple interest only … Continue reading Kommune and Another v DEPFA Acs Bank: ComC 4 Sep 2009
This was a renewed application for leave to apply for judicial review of decisions of the Panel not to adjourn its disciplinary proceedings against Mr Fayed. Judges: Neill LJ, Steyn LJ Citations: [1992] BCC 524 Jurisdiction: England and Wales Cited by: Cited – Regina v Executive Counsel of the JDS, ex parte Hipps ChD 1996 … Continue reading Regina v Panel on Take-overs and Mergers, ex parte Fayed: CA 1992
The applicant had paid out many claims for mis-selling pensions. They sought to claim under their insurance. The claims met the requirements of the principle insurance, but the insurance companies sought to impose a limit by aggregation. Held: The absence of a training or monitoring system, even though an independent breach of the rules, was … Continue reading Lloyds TSB General Insurance Holdings and others v Lloyds Bank Group Insurance Company Ltd: HL 31 Jul 2003
The Bank’s liquidator action was to be concluded before a disciplinary enquiry, and the enquiry should be stayed accordingly. Citations: Times 12-Jan-1994, [1994] BCC 297 Jurisdiction: England and Wales Cited by: Cited – Regina v Chance, ex parte Smith QBD 1995 The applicant sought to delay disciplinary proceedings by the accountancy body pending the outcome … Continue reading Regina v Institute of Chartered Accounts and Others, Ex Parte Brindle and Others: CA 12 Jan 1994
Complaint was made as to a leaflet PEC 3 issued by the Department in 1996, intended to summarise the changes introduced by the Pensions Act 1995, and their purpose. One answer given was: ‘The Government wanted to remove any worries people had about the safety of their occupational (company) pension following the Maxwell affair.’ The … Continue reading Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: CA 7 Feb 2008
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
The claimants had sought court orders against the hospital to secure continuing life-supporting treatment for their daughter who had been born very severely disabled. The Trust now sought their costs from the various actions. Held: The parents should pay nothing: ‘We are very conscious of the fact that W continues to be treated by the … Continue reading D and D W v Portsmouth Hospital NHS; in re W (A Child): CA 3 May 2006
EAT Whether an Employment Tribunal took a permissible approach to determining that a dismissal was unfair, in circumstances in which it did not clearly set out the terms of section 98 of the Employment Rights Act 1996. Whether on the facts it substituted its own view of the occurrence and quality of misconduct for that … Continue reading Mars UK Ltd T/A Masterfoods v K Parker: EAT 24 Oct 2005
The appellant had been sentenced to life for firearms offences. After a successfully appeal, a retrial was ordered. More than two years had passed, after a previous attempt failed for absent witnesses. Held: Referred to the US decision in Barker and Wingo (1972) 407 US 514, invoking the sixth amendment – ‘In all criminal prosecutions, … Continue reading Bell v Director of Public Prosecutions of Jamaica: PC 1985
The claimant company had failed in its action. The court was asked to make a costs order personally against the principal director of the claimant who had controlled the litigation and funded it. He responded that no impropriety had been shown on his part to allow such an order. Held: ‘It is not a requirement … Continue reading BE Studios Ltd v Smith and Williamson Ltd: ChD 2 Dec 2005
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005
The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory. Held: The differential treatment arose because contractual pension rights fell within a definition in the Act, and not … Continue reading Malcolm v Mackenzie, Allied Dunbar Plc: CA 21 Dec 2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004
Breach of share sale agreement. Judges: Morritt LJ, Buxton LJ Citations: [1997] EWCA Civ 2802, [1998] CLC 189 Jurisdiction: England and Wales Citing: Cited – Continental Illinois National Bank and Trust Company of Chicago v John Paul Papanicolaou (The Fedora) CA 1986 The court considered the effect of a guarantee clause. Held: The provisions of … Continue reading WRM Group Limited (Formerly Known As WRM Logistics Limited) v Wood; Burcher; Wood; Chick and Irving: CA 21 Nov 1997
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources. Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under … Continue reading Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of … Continue reading Regina v J: HL 14 Oct 2004
The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
A regulated firm, Fisher Prew-Smith, ran a scheme whereby elderly homeowners were persuaded to invest money in equity-linked funds by mortgaging their homes on terms that the interest would roll up unless and until the total mortgage debt reached a stated percentage of the then current value of the investors’ home. Investors could retain part … Continue reading Regina v Investors Compensation Scheme Ltd, ex Parte Bowden and Another: HL 18 Jul 1995
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004
In deciding whether a duty of care is established the court must go to the ‘battery of tests which the House of Lords has taught us to use’, namely: ‘. . the ‘purpose’ test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the ‘assumption of responsibility’ test (Henderson v Merrett Syndicates Ltd); the … Continue reading McLoughlin v Jones; McLoughlin v Grovers (a Firm): CA 2002
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
The Court found the probationer police constable to have been unlawfully induced to resign, but the court could not order his reinstatement. A power must be exercised by the precise person or body stated in the statute. Though courts may review the way in which decisions are reached, they will respect the margin of appreciation … Continue reading Chief Constable of the North Wales Police v Evans: HL 1982
The claimants sought damages for defamation and breach of contract. The claimants had purchased a business from the defendant, which contract included a clause requiring the defendant to say nothing damaging about the business. The defendant asserted qualified privilege. The defendant was alleged to have told suppliers, by means of anonymous letters, that they were … Continue reading Downtex v Flatley: CA 2 Oct 2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
Documents had been prepared by the respondent to support a request for legal advice in anticipation of the Bingham enquiry into the collapse of BCCI. Held: Legal advice privilege attached to the communications between a client and the solicitor where proceedings were not contemplated, but did not attach to supporting documents. Privilege stemmed from the … Continue reading Three Rivers District Council and others v The Governor and Co of the Bank of England (No 5): CA 3 Apr 2003
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
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably have thought necessary. ‘In a great many cases proof of a cold-blooded cost-benefit … Continue reading Kiam v MGN Ltd: CA 28 Jan 2002
A company procuring insurance purchases for credit card protection was as exempt from VAT as was the insurer. A provision which restricted the ability to claim such exemption to those registered as insurers under national was invalid under European Law: ‘it is for the national court to determine . . whether the transactions . . … Continue reading Card Protection Plan Ltd v Commissioners of Customs and Excise: ECJ 25 Feb 1999
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal. Held: Her claim was arguable. It was possible that the Commissioner owed to her a similar duty as would … Continue reading Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000
The defendant’s lawyers wrote to a financial services regulatory body investigating the possible fraudulent conduct of the plaintiff’s stockbroking firm. The letter was passed to the Serious Fraud Office who later brought criminal proceedings against the plaintiffs and the letter was disclosed to them. After their acquittal they brought a claim for libel based on … Continue reading Mahon, Kent v Dr Rahn, Biedermann, Haab-Biedermann, Rahn, and Bodmer (a Partnership) (No 2): CA 8 Jun 2000
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct. Held: An aggrieved objector to local government spending should pursue his rights under the Act and … Continue reading Lloyd v McMahon: HL 12 Mar 1987
The Ombudsman had sought to rule on a complaint against the applicants. They said the Ombudsman had no jurisdiction. Held: For jurisdiction the Ombudsman had to rely upon his statutory powers. Those allowed him to rule on those who were, or acted as administrators of a pension scheme; those who ran it. ‘It is of … Continue reading Britannic Asset Management Ltd and Others, Regina (on the Application of) v Pensions Ombudsman: Admn 21 Mar 2002
The court was asked as to the duties of inspectors appointed under the 1948 Act. Sachs LJ said: ‘The inspectors’ function is in essence to conduct an investigation designed to discover whether there are facts which may result in others taking action; it is no part of their function to take a decision as to … Continue reading in re Pergamon Press Ltd: CA 1971
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track. Held: The appeal succeeded. Magistrates refusing to state a case should give brief reasons … Continue reading Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997
A retirement annuity or personal pension was part of a bankrupt’s estate before the recent Act, and vested immediately in the trustee on the bankruptcy. As such there was no need to make application to the court under s310 for an income payment order before those assets could be made available to the creditors. Acts … Continue reading Dennison v Krasner, Lesser, Lawrence: CA 6 Apr 2000
The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source. Held: The appeal failed. Given that over 200 people may have been the source, the claimant’s argument based on the burden on fellow … Continue reading Mersey Care NHS Trust v Ackroyd: CA 21 Feb 2007
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006
Property was transferred into a divorcing husband’s name, and his new partner signed a form disclaiming any rights as against the lender. After possession proceedings, she later asserted that her consent had been obtained by the undue influence of her partner and that her equitable interest was an overriding one. The applicant applied to amend … Continue reading Alliance and Leicester Plc v Slayford and Another: CA 12 Oct 2000
CS Arbitration – Award – Application to set aside award on the grounds of serious irregularity – Arbitration Act 1996 s. 68(2)(g) – whether inadvertent failure to disclose relevant documents resulted in award being procured in a way contrary to public policy – whether respondents suffered substantial injustice. Arbitration – Disclosure – Arbitration under Rules … Continue reading Profilati Italia S R L v Painewebber Incorporated, Painewebber International Futures Limited: ComC 12 Sep 2001
The court considered the meaning of the word ‘sale’ in the phrase ‘sale or purchase’ in Order 14A RSC. Nourse J said: ‘The authorities establish that in legislative usage and in the absence of a special context the word ‘sale’ denotes an exchange of property for cash and not for other property.’ Judges: Nourse J … Continue reading In Re Westminster Property Group plc: 1984
The trustees sought approval of the transfer of the funds within a scheme by way of a rescue. The transfer was opposed on behalf of its members, as being without their necessary consent. It was held that consent was not required where both schemes were intended to benefit employees in the same employment, and that … Continue reading Merchant Navy Ratings Pension Fund Trustees Ltd v Chambers and Another: ChD 29 Mar 2001
The claimants sought damages from mortgagees who had sold their charged properties as receivers. They said they had failed to sell at a proper value. They asked whether the express appointment in the mortgage of receivers as agents of the mortgagor leads to the assumption by receivers who accept such appointment of responsibilities and duties … Continue reading Silven Properties Limited, Chart Enterprises Incorporated v Royal Bank of Scotland Plc, Vooght, Harris: CA 21 Oct 2003
Female teachers carried out the work of principal teachers but had not been appointed to the promoted post and were paid less than they would have received had they been so appointed. They claimed equal pay with male comparators who were appointed principal teachers. Like work was established and it was agreed that disparity in … Continue reading Strathclyde Regional Council v Wallace: HL 1988
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report failed to allow for established guidance on the topic, leading to the … Continue reading HB v PB: FD 9 Jul 2013
The contract was for the hire of an ornamental brougham to a prostitute which was supplied with knowledge that it would be used ‘as part of her display’. She returned it in a damaged condition, and refused to make any payments under the contract as agreed under a forfeiture clause. Held: The jury having found … Continue reading Pearce v Brooks: 1866
The court considered the law relating to post employment restrictive covenants. Gloster J said: ‘(1) Covenants in Restraint of Trade are prima-facie unlawful and accordingly are ‘to be treated with suspicion’ see per Laddie J in Countrywide Assured Financial Services Limited v Smart ChD 7 May 2004. It is for the covenantee to identify a … Continue reading Brake Brothers Limited v Ungless: QBD 2004
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
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
Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007
The defendant solicitors had acted for the lenders and borrower in a mortgage transaction. The claimant sought repayment of the entire loan, alleging breach of fiduciary duty, in having preferred the interests of one client over those of another. The betrayal of trust inherent in a breach of duty must be a deliberate act. They … Continue reading Birmingham Midshires Building Society v Infields (A Firm): TCC 20 May 1999
