The court had made an order transferring the insurance business of the company. The question arose as to whether it also had the right to transfer the benefit of contracts of re-insurance, which could at common law, only be transferred by consent of the insurer. Held: The Act contained the power in section 112 to … Continue reading In re the Financial Markets and Services Act 2000; WASA International (UK) Insurance Co Ltd and Another v WASA International Insurance Co Ltd (Sweden): ChD 10 Dec 2002
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998
The bankrupt had received his discharge from the bankruptcy and the debts associated. After the discharge he received a statutory demand from the trustees of a pension fund claiming sums from him alleging his dishonest breach of trust. He replied by saying that he had been discharged. Held: To constitute a ‘fraudulent breach of trust’ … Continue reading Woodland-Ferrari v UCL Group Retirement Benefits Scheme: ChD 5 Jul 2002
The defendants had carried out works of construction on the premises. They subcontracted the design, but not the supervision, of the works to architects. Years later there was a fire, which spread rapidly because of negligence in the design of a wall intended to restrain any fire. The architects said their duty was limited to … Continue reading Bellefield Computer Services and others v E Turner and Sons Limited and others: CA 18 Dec 2002
The parties contracted for the hire of a ship. They were each under a mistaken impression as to its position, and a penalty became payable. The hirer claimed that the equitable doctrine of mutual mistake should forgive him liability. Held: Over the years there had been a conflict caused by Lord Denning’s creation of an … Continue reading Great Peace Shipping Ltd v Tsavliris (International) Ltd: CA 14 Oct 2002
(Edmonton County Court) The claimant sought disclosure under the Act from the FSA of its file relating to his dealings with Barclays Bank. Though the claim generally failed, the court considered how it would have exercised his discretion under section 7(9). He gave a number of reasons why, even if the claimant had otherwise established … Continue reading Durant v Financial Services Authority: CC 24 Oct 2002
The court examined arrangements whereby organisations which were not banks, endorsed credit cards to be issued by banks to their members. Held: The granting of credit was exempt from VAT, and also were exempted negotiations of credit and the provision of intermediary services. It was wrong to seek to characterise the arrangement as the mere … Continue reading Commissioners of Customs and Excise v Institute of Directors, BAA Plc v Commissioners of Customs and Excise: CA 11 Dec 2002
The deceased had been adjudged by his local authority to have deprived himself of his house under the Regulations. Complaint was made that the procedure did not allow an appeal and therefore deprived him of his rights under article 6. Held: The applicant’s human rights were engaged by the decision. When looking at whether judicial … Continue reading The Secretary of State for Health, Dorset County Council v The Personal Representative of Christopher Beeson: CA 18 Dec 2002
(New Zealand) A scheme was created for the construction of a major residential complex. The disappointed investors now claimed damages from the professional supervising ‘statutory’ trustees, after their money was lost. The minimum subscriptions had not been received, but the transaction proceeded. Held: Despite the failings, the claimants had failed to show that the damages … Continue reading Christchurch Pavilion Partnership No 1 and Others v Deloitte and Touche Tohmatsu Trustee Company Limited: PC 4 Feb 2002
The Society sought approval of a scheme of arrangement. The Society had made promises of high returns to some policyholders, which it could not maintain after a decline in interest rates and the stock market. It sought a compromise arrangement. The arrangement had been voted on and accepted by members. Held: The power given by … Continue reading In the Matter of the Equitable Life Assurance Society: In the Matter of the Companies Act 1985: ChD 8 Feb 2002
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 claimant purchased a pension plan relying upon advice from the defendant. Since discovering the error, the plan had in fact prospered. The respondent appealed the judges failure to allow fully for the improvement when assessing damages. Held: Part of the claim required both to assess the loss as at 1995, and to recover later … Continue reading Primavera v Allied Dunbar Assurance Plc: CA 4 Oct 2002
Judges: Vos J Citations: [2010] EWHC 1547 (Ch) Links: Bailii Statutes: Financial Services and Markets Act 2000, Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 Jurisdiction: England and Wales Financial Services Updated: 20 August 2022; Ref: scu.420024
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic. Held: The claimant had courted publicity, and denied an involvement in drugs. The defence of qualified privilege in defamation is not to be equated with the rules in privacy cases. The … Continue reading Campbell v Mirror Group Newspapers plc: CA 14 Oct 2002
FSMT TRIBUNAL – Jurisdiction – Matter referred – Decision to fine Applicant for market abuse and breaches of Principles 2 and 3 – Decision referred to Tribunal – Authority’s statement of case contends that Tribunal should determine as appropriate action the withdrawal of Applicant’s approval or the prohibition of the Applicant – Whether Authority’s contention … Continue reading Jabre (Decision on Jurisdiction) v Financial Services Authority: FSMT 10 Jul 2006
FSMT Fit and proper person – Sections 61 and 186 Financial Services and Markets Act 2000 – Mortgage broker – Alleged failure to detect fraud – Reference allowed Citations: [2002] UKFSM FSM034 Links: Bailii Financial Services Updated: 15 July 2022; Ref: scu.268211
FSMT REGULATED ACTIVITIES – Permission – Refusal of application – Threshold Conditions 4 and 5 – Numerous previous complaints – Failure to disclose previous warning – Whether Tribunal satisfied as to Applicant’s suitability – No – Reference dismissed Citations: [2002] UKFSM FSM033 Links: Bailii Financial Services Updated: 15 July 2022; Ref: scu.268213
FSMT REGULATED ACTIVITIES – performance of – prohibition order – whether Applicant a fit and proper person to perform functions in relation to regulated activities carried on by an authorised person – no – whether the Authority had power to make a prohibition order – yes – reference determined in favour of the Authority – … Continue reading Elliot v Financial Services Authority: FSMT 16 Mar 2006
FSMT APPLICATION FOR PERMISSION – non-investment insurance activities – application refused on grounds that controlling shareholder whose approval as Director (CF1) was included in application was not fit and proper (Threshold Condition 5) and because in consequence the company would not have the requisite resources (Threshold Condition 4) – Tribunal finding that director not fit … Continue reading NDI Insurance Brokers Ltd v Financial Services Authority: FSMT 15 Jan 2006
EAT Practice and Procedure – Preliminary issuesThe Employment Tribunal was wrong to conclude that an ET1 could constitute a written grievance for the purpose of satisfying section 32 of the Employment Act 2002. Judges: The Honourable Mr Justice Wilkie Citations: [2007] UKEAT 0023 – 07 – 2702, UKEAT/0023/07/RN Links: Bailii, EATn Statutes: Employment Act 2002 … Continue reading Gibbs (T/A Jarlands Financial Services) v Harris: EAT 27 Feb 2007
The Agency rejected a request to provide statistics on certain children, saying that the numbers were so small that individuals might be identified. Held: Since the whole purpose of 2002 Act is the release of information, it should be construed in as liberal a manner as possible. The table setting out the census ward data, … Continue reading Common Services Agency v Scottish Information Commissioner: IHCS 1 Dec 2006
Europa On a proper construction of Article 13B(d)(5) of the Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes transactions in securities means transactions liable to create, alter or extinguish parties’ rights and obligations in respect of securities; it does not mean the supply of a mere … Continue reading CSC Financial Services v Commissioners of Customs and Excise: ECJ 13 Dec 2001
The respondents appealed an order for possession under a legal charge which they argued was an extortionate credit bargain, and had been improperly executed and was unenforceable. The appellants were ‘non-status borrowers’. Held: A concession letter was not intended to over-ride other clear descriptions of the appellant’s obligations. The judge had compared the interest rate … Continue reading Broadwick Financial Services Limited v Spencer, Spencer: CA 30 Jan 2002
Citations: [2002] EWHC 3147 (Ch) Links: Bailii Statutes: Financial Services Act 2002 Jurisdiction: England and Wales Financial Services Updated: 28 June 2022; Ref: scu.263735
The appellants were barristers against whom wasted costs orders had been made. They appealed. They had made allegations of fraud in pleadings, but without being able to provide evidence to support the allegation. This was itself a breach of the Bar Council Code of Practice. Held: A barrister must not draft a pleading containing an … Continue reading Medcalf v Mardell, Weatherill and Another: HL 27 Jun 2002
Citations: [2002] EWCA Civ 1294 Links: Bailii Jurisdiction: England and Wales Financial Services, Contract Updated: 23 June 2022; Ref: scu.217365
Judges: Aldous LJ Citations: [2002] EWCA Civ 394 Links: Bailii Jurisdiction: England and Wales Land, Contract Updated: 23 June 2022; Ref: scu.216879
The claimants were a minority of a lending syndicate. A change to the terms of the syndication agreement had been proposed which they considered would prejudice them. Risks of the loan arrangement would be transferred to them. Held: The change should proceed. It was necessary before any change was made that it should be demonstrated … Continue reading Redwood Master Fund Ltd and Others v TD Bank Europe Ltd and Others: ChD 11 Dec 2002
Citations: [2002] EWCA Civ 1794 Links: Bailii Jurisdiction: England and Wales Contract, Financial Services Updated: 21 June 2022; Ref: scu.217884
The company found itself unable to fund the pension scheme it had committed itself to. If it sought to pay the money due, the company would have to go into liquidation. It did not meet the minimum funding requirements of the Act. The company proposed a scheme of compromise with the trustees. Held: There was … Continue reading Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group plc and Others: ChD 17 Jun 2002
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
(Jamaica) The appellants faced both civil and criminal proceedings. They sought a stay of the civil proceedings pending the disposal of the civil proceedings. They appealeed a saying that the rule in Smith v Selwyn applied. Held: The rule is no longer part of the common law, and nor was it part of the law … Continue reading Panton and others v Financial Institutions Services Ltd: PC 15 Dec 2003
The respondent sought to transpose the Directive into UK law. The Applicant objected saying that the Directive was invalid. Held: The Directive had been made under Article 95 EC, concerning the internal market. Insofar as the Directive regulated the composition of tobacco products, and their packaging and labelling as Low Tar etc, it was valid. … Continue reading Regina v Secretary of State for Health ex parte British American Tobacco (Investments) Ltd and Imperial Tobacco Ltd: ECJ 10 Dec 2002
The Ombudsman appealed a finding that it had no jurisdiction over the respondents in their provision of administrative support for pensions schemes. Held: A person who took an ‘act of administration concerned with the scheme’ was not necessarily a person ‘concerned with the administration of the scheme’. There are important distinctions between the kinds of … Continue reading Britannic Asset Management Ltd and Others, Regina (on the Application of) v Pensions Ombudsman: CA 14 Oct 2002
A firm of accountants had agreed to provide their services as experts in a case on the basis that they would be paid by taking part of any damages awarded. The respondent claimed that such an agreement was champertous and unlawful. Held: The tort of champerty as such had been abolished, but the rule remained … Continue reading Regina (Factortame Ltd and Others) v Secretary of State for Transport, Local Government and the Regions (No 8): CA 3 Jul 2002
The claimants were the children of the deceased, seeking damages following the death of their mother. At the time of the death they were not living with their father but moved to live with him after the death. They claimed damages for the services provided by the father and his new wife. Held: The new … Continue reading ATH and another (Executors of the Estate of M, decd) v MS: CA 11 Jun 2002
The applicant said that its land had been misappropriated, and sought rectification of the register against the respondent who was a successor in title having bought the land from the wrongdoer. Held: On registration, section 69 operated to vest only the legal title in the prior registered proprietor. The transfer being of no effect in … Continue reading Malory Enterprises Ltd v Cheshire Homes (UK) Ltd and others: CA 22 Feb 2002
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
The claimant appealed dismissal of his claim for damages for breach of trust. The respondent had administered his pension, a ‘small self-administered scheme’. The regulations required a pensioner trustee who took on specific duties. He had been persuaded by a crook to appoint the defendant to act, knowing that it was intended to draw from … Continue reading Allan v Rea Brothers Trustees Limited: CA 8 Feb 2002
The company had a final salary pension scheme. The respondents were variously trustees of the scheme, and representative employees. To calculate benefits, it was necessary to determine the ‘total remuneration from the Employers’. The employees asserted that this phrase included non-cash and fluctuating benefits. The company said that it related to core salary. Held: The … Continue reading Redrow Plc v Pedley and Lewis: ChD 12 Feb 2002
The claimant had won her case, but been deprived of her costs. She claimed for conversion after she had purchased a car without knowledge of it having been on hire purchase, and after it was seized by the finance company. The judge had considered that she should have been suspicious. Held: The judge had found … Continue reading Hall v Rover Financial Services (GB) Ltd (t/a Land Rover Financial Services): CA 10 Oct 2002
A lease finance provider sent invoice instructions to the claimant company, but these were accompanied by oral instructions requiring the execution of the equipment leases first. The leases were not signed. The defendant issued a cheque but cancelled it. Held: A contract had not been made and the defendant was not liable. The requirement that … Continue reading Eurodata Systems plc v Michael Gershon (Finance) plc: QBD 26 Apr 2002
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 considered the legislative history of attempts to prevent asset stripping. A liability to pay money was incurred by a company (and payment was in fact made by the company) in order to facilitate the purchase of shares in it. Held: Financial assistance was given in breach of s 151 when the claimant company … Continue reading Chaston v SWP Group plc: CA 2002
Austlii (Supreme Court of New South Wales) CORPORATIONS – winding up – liquidator’s examination – circumstances in which liquidator entitled to ask questions relating to legal advice given to company in liquidation – EVIDENCE – liquidator’s examinations – whether evidence given at is governed by Evidence Act 1995 (NSW) – EVIDENCE – legal professional privilege … Continue reading Re Doran Constructions Pty Ltd (in liq): 27 Mar 2002
A court which was considering ordering a third party, who was not party to the action, to pay costs in an action, should first be satisfied that it is just to do so in all the circumstances. There is no need to establish any exceptional circumstances. There must be a connection between the incurring of … Continue reading Globe Equities Ltd v Globe Legal Services Ltd and others and Other Actions: CA 5 Mar 1999
The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being authorised, and had made prohibited statements to attract such deposits. Could a civil court make such a finding which would be equivalent to a finding of guilt of a criminal offence? … Continue reading Financial Services Authority v Rourke: ChD 19 Oct 2001
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
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
The claimant had been negligently advised to swap to a personal pension plan. He was to receive damages in respect of that loss, but, in the meantime, the pension company, of which he had become a member de-mutualised, and he became entitled to shares in the new company. The adviser sought to reduce the damages … Continue reading Needler Financial Services Ltd v Taber: ChD 31 Jul 2001
The Hon Mr Justice Lightman [2002] EWHC 2997 (Admin) Bailii Financial Services and Market Act 2000 England and Wales Financial Services Updated: 20 January 2022; Ref: scu.178815
The Claimant, who had acquired a Range Rover fro a hire-purchaser, had, the County Court Judge held, obtained good title to the car and so was awarded pounds 38,000 damages against the Defendant finance company who had seized the Range Rover car because it had previously been let out by them to a company called … Continue reading Hall v Rover Financial Services Ltd (Gb) (T/A Land Rover Financial Services): SCCO 10 Oct 2002
The bodies sought exemption from certain elements of VAT as ‘non-profit’ making or ‘voluntary’ bodies. Their activities included trading activities, but they did not set out to make a profit overall. Held: For certain exemptions, the term ‘non-profit-making’ refers to financial advantages for the members of an organisation, and not to end of year surpluses. … Continue reading Kennemer Golf and Country Club v Staatssecretaris van Financien, Zoological Society of London v Commissioners of Customs and Excise Case: ECJ 21 Mar 2002
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
The applicant was a retired local government worker. His pension was determined by his final salary. He worked many hours overtime. Was that overtime to be included when calculating his pension? The regulations included all payments, but not non-contractual overtime. Held: The regulations were not clear. The contract provided overtime rates, so the ombudsman had … Continue reading The Mayor and Burgesses of the London Borough of Newham v Skingle and the Pensions Ombudsman: ChD 23 May 2002
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 applicants were former mental patients who had been admitted to hospital compulsorily under section 3. On their release they were to be given support under section 117. The authorities sought to charge for these services, and appealed a decision that the services should be free. Held: Section 117 imposed a clear and free standing … Continue reading Regina v Manchester City Council, ex parte Stennett etc: HL 25 Jul 2002
Order for Journalist to Disclose Sources The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have originated in the hospital. Held: An order requiring disclosure … Continue reading Ashworth Security Hospital v MGN Limited: HL 27 Jun 2002
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm of solicitors representing the opposing party, … Continue reading Taylor v Lawrence: CA 4 Feb 2002
The defendant had been arrested under an extradition warrant issued under the Act. The police had searched his premises, and found further evidence which was used to support the application for extradition. He challenged the collection and admission of the evidence which was outside the scope of the 1984 Act. Held: The 1984 Act did … Continue reading Regina v Commissioner of Police for The Metropolis, ex parte Rottman: HL 16 May 2002
An MP had asked the Agency under the 2002 Act for details of all incidents of childhood leukaemia for both sexes by year from 1990 to 2003 for all the DG (Dumfries and Galloway) postal area by census ward. The Agency replied by saying that the release of the information would put at risk the … Continue reading Common Services Agency v Scottish Information Commissioner: HL 9 Jul 2008
The claimant had lost a libel action and been bankrupted. The defendant sought to recover his costs from those who had financially supported the claimant. He now appealed a dismissal of his request for contributions. Held: An order for the payment of costs by a n’oure funder’ on-party will always be exceptional. ‘Exceptional’ means as … Continue reading Hamilton v Al Fayed and Others (No 2): CA 17 May 2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the defence that the disclosures had been made by him in the public or … Continue reading Regina v Shayler: HL 21 Mar 2002
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 House considered when adoption law would allow an adoption without the consent of the birth parent where there had been some continuing contact between that parent and the child. Held: (Baroness Hale dissenting) The appeal against the adoption was dismissed. The judge’s opinion had been expressed strongly but he had expressed the law accurately, … Continue reading Down Lisburn Health and Social Services Trust and Another v H and Another: HL 12 Jul 2006
The claimant sought damages from his former solicitors for failing to act to avoid his case being struck out. The second action was itself delayed, and the defendants asserted that the cause of action occurred not when his claim was actually struck . .
References: [2002] NSWSC 215, 168 FLR 116, (2002) 194 ALR 101, 20 ACLC 909 Links: Austlii Coram: Campbell J Austlii (Supreme Court of New South Wales) CORPORATIONS – winding up – liquidator’s examination – circumstances in which liquidator entitled to ask questions relating to legal advice given to company in liquidation – EVIDENCE – liquidator’s … Continue reading Re Doran Constructions Pty Ltd (in liq); 27 Mar 2002
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Banking and financial services – conflict of laws – contract – anti-suit injunction – unfair contract terms – defendants signed foreign exchange margin trading agreement in greece – proceedings in greece and england – agreement contained english jurisdiction clause but defendants acted as consumers – defendants entitled to bring proceedings in greece despite jurisdiction clause … Continue reading Standard Bank London Ltd v Apostolakis and Another: ComC 9 Feb 2001
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene. Held: On a challenge to an individual contract, the court would be able to see the term in the particular context and be better able to see its fairness or … Continue reading Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008
Claim alleging misselling of interest rate hedging products. The court considered the defendants strike out application, and applications for leave to amend pleadings. Held: it will normally be appropriate for summary judgment to be pursued on a limitation point by an application made under CPR 24.2 and preferably after the claimant has had an opportunity … Continue reading Boyse (International) Ltd v Natwest Markets Plc and Another: ChD 27 May 2020
The Society appealed dismissal for limitation of its claim against the defendant firm of accountants arising from alleged fraud in approval of a solicitor’s accounts. Held: The liability did not arise until the Society decided to make compensation to those who had been affected by the solicitor’s default. The claims in negligence were not time … Continue reading The Law Society v Sephton and Co and others: CA 13 Dec 2004
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 builders had obtained a charging order for the costs awarded to them in extensive litigation, and a third party costs order but without the third party having opportunity to test the bill delivered. They had agreed to sell land to the defendant, but he had required the transfer to be in a different form … Continue reading Nelson v Greening and Sykes (Builders) Ltd: CA 18 Dec 2007
In a marriage settlement, the first defendant, a solicitor, advised the persons who were acting as trustees, though not yet formally appointed as such. He suggested a series improper of investments for the trust funds. The money was to be lent on speculative building, and the margin was unsatisfactory. The money was lost. Lord Herschell … Continue reading Mara v Browne: CA 17 Dec 1895
The defendants had purchased their property from the local authority with the support of a loan from the claimants. The defendants fell into arrears but now sought to resist possession on the basis that the claimant, in securitising their portfolio of mortgages, had lost the right to possession. The assignments had been left uncompleted. Held: … Continue reading Paragon Finance Plc v Pender and Another: CA 27 Jun 2005
The Orchestra apealed a finding that it was not entitled to exemption from VAT as a supply by an eligible body of a cultural performance. The taxpayer’s board was voluntary, but the management was employed. Held: The appeal failed. In order to decide whether the condition allowing exemption was satisfied, the court had to identify … Continue reading Bournemouth Symphony Orchestra v Revenue and Customs: CA 9 Oct 2006
The company sought to enforce its loan agreement and charge over the defendants’ property. The defendants appealed saying that the agreement was unenforceable under the Act, since a commission had been paid to the introducing broker, and his fee had been added to the loan amount. The agreement was a fixed sum credit agreement regulated … Continue reading Wilson and Another v Hurstanger Ltd: CA 4 Apr 2007
Four children complained that, for years before they were taken into care by the local authority, its social services department was well aware that they were living in filthy conditions and suffering ‘appalling’ neglect in the home of their parents. Suspicions of abuse had arisen in 1987, but they were given effective support only in … Continue reading Z And Others v The United Kingdom: ECHR 10 May 2001
It was alleged that at the company’s annual genneral meeting the proposed defendant had assaulted the company’s chairman. The company prosecuted him. The magistrate dismissed the charge saying that the company had no standing to conduct such a prosecution, there being no public benefit in the company undertaking the prosecution. Held: The company had a … Continue reading Regina (Gladstone plc) v Manchester City Magistrates Court: QBD 18 Nov 2004
The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued that disclosure beyong ‘gist’ reports would threaten the system of categorisation, which was … Continue reading Lord, Regina (on the Application of) v Secretary of State for the Home Department: Admn 1 Sep 2003
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 deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship. Held: The object of section 844 of the German regulations was to restore the claimant to the financial position … Continue reading Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by keeping secret that he himself was a pervert, unfit to have any child in his care. … Continue reading Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993
MMI were members of the London Stock Exchange, and accordingly held one share in that non-profit making institution. The share was valueless. Anticipating losing their membership and so the share, and also the demutualisation, the share was to be transferred to a third party. At that point it would become worth andpound;3 million. Because the … Continue reading Money Markets International Stockbrokers Ltd v London Stock Exchange Ltd and Another: ChD 10 Jul 2001
One way of deciding whether a person is self employed is to ask whether he can be said to be running a business of his own. Different tests may have to be combined to produce an overall answer.Cooke J said: ‘The fundamental test to be applied is this: ‘Is the person who has engaged himself … Continue reading Market Investigations v Minister of Social Security: 1969
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008
Local residents sought to challenge the proposed determination of a planning application which involved a private finance initiative. One of the grounds was that the use of a negotiated tendering procedure for the purposes of the PFI was contrary to the Public Services Contracts Regulations 1993. Held: That ground was rejected, but Richards J added: … Continue reading Regina on the Application of Kathro and Others and Llantwit Fardre Community Council v Rhondda Cynon Taff County Borough Council: Admn 6 Jul 2001
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
A reinsurance contract which contained a clause which provided that no settlement or compromise of a claim could be made or liability admitted by the insured without the prior approval of the reinsurers. The court considered how the discretion to approve a settlement must be exercised. Held: What was proscribed in all of them was … Continue reading Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd: CA 3 Jul 2001
EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirementsA grievance for the purposes of the now repealed section 32 Employment Act 2002 could be constituted by a letter incorporating the particulars of complaint in a previously lodged ET1 in other proceedings. Gibbs t/a Jarlands Financial Services v Harris UKEAT/0023/07 distinguished. The inclusion of other issues … Continue reading Raithatha v Leicester City Council: EAT 7 Oct 2010
The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the judgement debt. The applicant company is a limited liability company registered in … Continue reading Hammond Suddard, Solicitors v Agrichem International Holdings Limited: CA 18 Dec 2001
The court was asked as to the set-off, in a company administration, of future debts owed by the company to its creditors and by those creditors to the company, and whether the effect of those provisions was that, after the future debts were discounted to a present value for the purpose of set-off, leaving a … Continue reading In re Kaupthing Singer and Friedlander Ltd: CA 11 May 2010
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
Applications for directions by the administrators of twenty companies in two groups, all raising the same common questions as to the effect of the Financial Support Direction regime created by the Pensions Act 2004 upon companies in administration or insolvent liquidation.Briggs J said that Lord Hoffmann’s speech in Toshoku established as ‘a general rule’ that: … Continue reading Bloom and Others v The Pensions Regulator (Nortel, Re): ChD 10 Dec 2010
