Click the case name for better results:

The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others: SC 21 Nov 2012

Law of vicarious liability is on the move Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found some defendants (school management trust) … Continue reading The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others: SC 21 Nov 2012

Lister and Others v Hesley Hall Ltd: HL 3 May 2001

A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001

Mohamud v WM Morrison Supermarkets plc: SC 2 Mar 2016

The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first instance and at the court of appeal. Held: The appeal was allowed.Lord … Continue reading Mohamud v WM Morrison Supermarkets plc: SC 2 Mar 2016

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Child Poverty Action Group, Regina (on the Application of) v Secretary Of State for Work and Pensions: CA 14 Oct 2009

CPAG appealed against a refusal of a declaration that the respondent could use only the 1992 Act to recover overpayment of benefits where there had been neither misrepresentation nor non-disclosure. Held: The appeal succeeded, and the court made a declaration that: ‘where a benefit falling within section 71(11) of the Social Security Administration Act 1992 … Continue reading Child Poverty Action Group, Regina (on the Application of) v Secretary Of State for Work and Pensions: CA 14 Oct 2009

Ronex Properties v. John Laing Construction Ltd: CA 1983

The court considered a claim for contribution between tortfeasors. Donaldson LJ said: ‘The starting point of this submission is that a cause of action for contribution, under the Law Reform (Married Women and Tortfeasors) Act 1935, arises at the earliest when the claimant tortfeasor has been held liable, or has admitted liability to the plaintiff, … Continue reading Ronex Properties v. John Laing Construction Ltd: CA 1983

Golden Ocean Assurance Ltd v Martin (“The Goldean Mariner”): CA 1990

Various defendants were served out of the jurisdiction but with the wrong copies of the writs, receiving a copy addressed to another defendant. One defendant received no writ at all, but only a form of acknowledgment of service. Held: The court unanimously accepted that O.2. r.1 was to be given wide effect. The majority held … Continue reading Golden Ocean Assurance Ltd v Martin (“The Goldean Mariner”): CA 1990

Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017

Metal und Rohstoff AG v Donaldson Lufkin and Jenrette Inc: CA 27 Jan 1989

The claimants sued for negligent advice and secured judgment. The defendant company became insolvent, and so the plaintiff now sued the US parent company alleging conspiracy. The court considered a tort of malicious prosecution of a civil claim, saying the plaintiff must establish that the defendant had instigated ‘without reasonable and probable cause’, but then … Continue reading Metal und Rohstoff AG v Donaldson Lufkin and Jenrette Inc: CA 27 Jan 1989

HM Attorney General v Yaxley-Lennon: QBD 9 Jul 2019

Application by Her Majesty’s Attorney General for an order committing the respondent to prison for contempt of court. Judges: Dame Victoria Sharp, Warby J Citations: [2019] EWHC 1791 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Skipworth’s Case, Onslow v Skipworth; Regina v Castro 1873 The Attorney-General proceeded against the respondent for contempt, … Continue reading HM Attorney General v Yaxley-Lennon: QBD 9 Jul 2019

Axel Kittel v Belgian State; Belgian State v Recolta Recycling SPRL C-440/04: ECJ 6 Jul 2006

ECJ Sixth VAT Directive – Deduction of input tax – ‘Carousel’ fraud – Contract of sale incurably void under domestic law. Citations: C-440/04, [2006] EUECJ C-440/04 Links: Bailii Jurisdiction: European Cited by: See Also – Axel Kittel v Belgian State; Belgian State v Recolta Recycling SPRL ECJ 6-Jul-2006 ECJ Sixth VAT Directive – Deduction of … Continue reading Axel Kittel v Belgian State; Belgian State v Recolta Recycling SPRL C-440/04: ECJ 6 Jul 2006

Forbes v Secretary of State for the Home Department: CA 11 Jul 2006

The defendant had been placed on the sex offenders’ register on conviction for fraudulent evasion of prohibitions on importing goods, by importing indecent photographs of children. He had maintained that he had not known of the exact nature of the content. Held: The objective of the notification requirements was the protection of children, and was … Continue reading Forbes v Secretary of State for the Home Department: CA 11 Jul 2006

In Re Living Images Ltd: ChD 7 Aug 1995

Director must have intended fraudulent preference for creditor to be disqualified. Trading whilst insolvent amounts to trading with creditors’ money. Citations: Times 07-Aug-1995, [1996] 1 BCLC 348 Jurisdiction: England and Wales Cited by: Cited – The Secretary of State for Trade and Industry v Goldberg, Mcavoy ChD 26-Nov-2003 The Secretary of State sought a disqualification … Continue reading In Re Living Images Ltd: ChD 7 Aug 1995

Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006

A Brazilian mother came to the Netherlands in 1994 and set up home with a Dutch national but not applying for a residence permit. In 1996 they had a daughter who became a Dutch national. In 1997 they split up and the daughter remained with her father. It was eventually confirmed by the Dutch courts … Continue reading Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006

Director of Assets Recovery Agency and Others, Regina (on the Application of) v Green and others: Admn 16 Dec 2005

The defendant challenged the making of civil orders for recovery of what were alleged to be the proceeds of crime. They complained that no specific offence had been made out. The court was asked, as a preliminary issue: ‘Whether a claim for civil recovery can be determined on the basis of conduct in relation to … Continue reading Director of Assets Recovery Agency and Others, Regina (on the Application of) v Green and others: Admn 16 Dec 2005

Welsh Development Agency v Export Finance Co Ltd: CA 1992

The court was asked whether a transaction relating to goods between an exporter and the defendant, as a financier, associated with sales by the exporter to third-party purchasers, amounted to a true sale by the exporter to the defendant or was merely a loan by the defendant to the exporter secured on the goods or … Continue reading Welsh Development Agency v Export Finance Co Ltd: CA 1992

Boultif v Switzerland: ECHR 2 Aug 2001

The applicant complained under Article 8 that the Swiss authorities had not renewed his residence permit, after which he had been separated from his wife, a Swiss citizen and who could not be expected to follow him to Algeria. Switzerland argued that his conviction for an offence of violence was sufficient justification for interfering with … Continue reading Boultif v Switzerland: ECHR 2 Aug 2001

El Ajou v Dollar Land Holdings Ltd: CA 2 Dec 1993

The court was asked whether, for the purposes of establishing a company’s liability under the knowing receipt head of constructive trust, the knowledge of one of its directors can be treated as having been the knowledge of the company. Held: The company was fixed with the knowledge of its part-time chairman and a non-executive director, … Continue reading El Ajou v Dollar Land Holdings Ltd: CA 2 Dec 1993

Ultracell (UK) Ltd v Revenue and Customs: VDT 24 Mar 2006

VALUE ADDED TAX – input tax – Appellant alleged to be unknowing participant in carousel fraud – single consignment of 2500 mobile phones bought in UK and sold to Spanish trader – whether carousel established – yes – relevance in light of ECJ judgment in Optigen, Bond House – Appellant’s input tax claim rejected while … Continue reading Ultracell (UK) Ltd v Revenue and Customs: VDT 24 Mar 2006

Armstrong v Times Newspapers Ltd: QBD 30 Jun 2006

The claimant, a professional cyclist, sought damages in defamation, saying that the defendant newspaper had implied that he had taken performance enhancing drugs. The case was to be heard by judge alone. The court considered how to deal with the task of identifying the meanings involved. Held: ‘the over-arching question is what overall impression The … Continue reading Armstrong v Times Newspapers Ltd: QBD 30 Jun 2006

Regina v Bedlington Magistrates’ Court, ex parte Wilkinson: Admn 21 Oct 1999

In addition to assessment of his solicitor’s bill of costs, the acquitted defendant claimed pounds 3,971.50 as ‘the costs of a specialist graphics contractor’ who had been instructed and paid directly by the defendant. Held: Moses J stated: ‘It does not follow that, because a solicitor has claimed costs and disbursements, that will necessarily rule … Continue reading Regina v Bedlington Magistrates’ Court, ex parte Wilkinson: Admn 21 Oct 1999

Zurich Professional Ltd v Karim and Others: QBD 15 Dec 2006

Contract for professional indemnity insurance for a firm of solicitors: ‘The Claimant insurers seek declarations that the claims which have arisen under that policy ‘arise from dishonesty or fraudulent acts or omissions committed or condoned by the insured’ so as to mean that they are not obliged to indemnify the insured in respect of the … Continue reading Zurich Professional Ltd v Karim and Others: QBD 15 Dec 2006

Brooke and Others, Regina (on the Application of) v The Parole Board and Another: CA 1 Feb 2008

The claimant prisoner complained that the Parole Board was insufficiently independent of government to provide a fair hearing. The court at first instance had found that the relationship between the Parole Board and the sponsoring Department put the Secretary in a position of apparent influence over the approach of the Parole Board in its curial … Continue reading Brooke and Others, Regina (on the Application of) v The Parole Board and Another: CA 1 Feb 2008

Cinpres Gas Injection Limited v Melea Limited: ChD 23 Nov 2006

The claimant sought to pursue its licence claim after its claim to a proprietary interest in the patent had been dismissed. Held: The claim misunderstood the way section 37 worked. To have a claim to a license the license the claimant had to show some proprietary interest. The grant of a licence was not to … Continue reading Cinpres Gas Injection Limited v Melea Limited: ChD 23 Nov 2006

Roberts and Another v Gable and others: CA 12 Jul 2007

The claimants appealed a finding of qualified privilege in their claim of defamation by the defendant author and magazine which was said to have accused them of theft and threats of violence against other members of the BNP. Held: The appeal failed. ‘the journalist has a good defence to a claim for libel if what … Continue reading Roberts and Another v Gable and others: CA 12 Jul 2007

Fiona Trust Holding Corp and others v Privalov and others: ComC 21 May 2007

Allegations were made of different varieties of fraud. Applications were made for freezing orders. Judges: David Steel J Citations: [2007] EWHC 1217 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975 Interim Injunctions in Patents CasesThe plaintiffs brought proceedings for infringement of their patent. The proceedings … Continue reading Fiona Trust Holding Corp and others v Privalov and others: ComC 21 May 2007

Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018

Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018

Nova Productions Ltd v Mazooma Games Ltd and others: CA 14 Mar 2007

The defendant appealed against a finding of copyright infringement in a computer game. Held: The appeal failed. The court must identify the artistic work relied upon and then decide whether it has been reproduced by copying of the work as a whole or of any substantial part of it. ”Graphic work’ is defined as including … Continue reading Nova Productions Ltd v Mazooma Games Ltd and others: CA 14 Mar 2007

Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008

The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the instigation of the government of Saudi Arabia, with a threat of ceasing co-operation in security arrangements. Held: The rule of … Continue reading Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008

Australia and New Zealand Banking Group Ltd v Compagnie Noga D’Importation Et D’Exportation Sa and Another: ComC 21 Feb 2007

Non-payment of bills of exchange – construction of settlement agreement. It was said that the compromise agreement ws unenforceable as being against public policy in restraining one party. Held: The restraint ‘does not affect the course of legal proceedings, let alone criminal proceedings. The contrast has to be made between the purported compromise of a … Continue reading Australia and New Zealand Banking Group Ltd v Compagnie Noga D’Importation Et D’Exportation Sa and Another: ComC 21 Feb 2007

Total Network Sl v Customs and Excise Commissioners: CA 31 Jan 2007

The defendants suspected a carousel VAT fraud. The defendants appealed a finding that there was a viable cause of action alleging a ‘conspiracy where the unlawful means alleged is a common law offence of cheating the public revenue’. The defendants argued (inter alia) that the attempted recovery was void under the Billl of Rights. Held: … Continue reading Total Network Sl v Customs and Excise Commissioners: CA 31 Jan 2007

Fiona Trust Holding Corporation and others v Privalov and others: ComC 19 Jan 2007

Citations: [2007] EWHC 39 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Fiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006 The parties disputed whether their claim should be arbitrated. Held: A claim as to whether the contract itself had been made was not one which could be … Continue reading Fiona Trust Holding Corporation and others v Privalov and others: ComC 19 Jan 2007

Aerospace Publishing Ltd and Another v Thames Water Utilities Ltd: CA 11 Jan 2007

A substantial private archive of valuable books had been damaged when the defendant’s water mains burst. The court was asked to assess the value. Held: The water company’s appeal failed save to a small extent. The articles were of substantial value but were neither readily marketable nor uniquely valuable. Though the judge’s decision was open … Continue reading Aerospace Publishing Ltd and Another v Thames Water Utilities Ltd: CA 11 Jan 2007

Dadourian Group International Inc and others v Simms and others: CA 20 Dec 2006

The court considered the exercise by the court of its discretion to release a party who has obtained a freezing order from his undertaking not to use information obtained from the party against whom the freezing order is made in contempt proceedings against that party. Held: There was no general principle which required there to … Continue reading Dadourian Group International Inc and others v Simms and others: CA 20 Dec 2006

Pattni v Ali and Another: PC 20 Nov 2006

(Isle of Man (Staff of Government Division)) The Board considered the possibility of extra-territorial jurisdiction over property. Held: It should generally be expected that an order having the effect of transferring a real right of ownership will apply only in relation to property situated in the territory of the state where the order is made. … Continue reading Pattni v Ali and Another: PC 20 Nov 2006

Regina v Haringey Magistrates’ Court ex parte Amvrosiou: Admn 13 Jun 1996

When the appellant appeared at the Magistrates’ Court to answer a charge of driving whilst uninsured, a preliminary point was taken on her behalf that the prosecution had not been commenced within 6 months of the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings had become available. In response … Continue reading Regina v Haringey Magistrates’ Court ex parte Amvrosiou: Admn 13 Jun 1996

Thompson and Another, Regina v: CACD 22 Nov 2006

The prosecution sought leave to appeal the quashing of an indictment. Held: Section 53 of the 2003 Act could not be used for this purpose. The defendants had successfully challenged the adequacy of the Crown’s case before trial. The defendants had not therefore been arraigned, and the dismissal did not amount to a formal acquittal … Continue reading Thompson and Another, Regina v: CACD 22 Nov 2006

Abou Rahmah and others v Abacha and others: CA 8 Nov 2006

The appellants were victims of a fraud conducted via the respondent bank by one of their clients. They appealed from a decision that the bank was not liable to the victims either in the equitable tort of knowing or dishonest assistance in a breach of trust, or in restitution for money had and received.Arden LJ … Continue reading Abou Rahmah and others v Abacha and others: CA 8 Nov 2006

Distiller’s Co (Biochemicals) Ltd v Thompson: PC 19 Jan 1971

(Australia) There had been a negligent failure in New South Wales to warn a pregnant woman of the dangers of taking the drug thalidimide. Held: When looking at jurisdiction to hear a complaint of a tort, the court should look to where in substance the tort was committed. Lord Pearson said: ‘It is not the … Continue reading Distiller’s Co (Biochemicals) Ltd v Thompson: PC 19 Jan 1971

Fiona Trust and Holding Corp and others v Privalov and others: ComC 20 Oct 2006

The parties disputed whether their claim should be arbitrated. Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The arbitrator does not have jurisdiction to decide this issue; the court alone does. Nor … Continue reading Fiona Trust and Holding Corp and others v Privalov and others: ComC 20 Oct 2006

Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 12 Oct 2006

The claimants sought that the defendant should issue a request to the US authorities for their release from detention at Guantanamo Bay. Held: The courts would not be able to intervene by judicial review, and would be reluctant to intervene in the respondent’s conduct of foreign relations, but the claimants now asserted severe infringement of … Continue reading Al Rawi and Others, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 12 Oct 2006

Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

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

Levey, Regina v: CACD 27 Jul 2006

The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were responsible for the death. Held: A prosecutor in a criminal a case has a broader duty … Continue reading Levey, Regina v: CACD 27 Jul 2006

Martinie v France: ECHR 12 Apr 2006

The Grand Chamber said: ‘The Court reiterates that the public character of proceedings before the judicial bodies referred to in art 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, superior and inferior, can be maintained. By rendering … Continue reading Martinie v France: ECHR 12 Apr 2006

Advanced Industrial Technology Corporation Ltd v Bond Street Jewellers Ltd: CA 4 Jul 2006

The claimant left a valuable necklace with the defendant jewellers for sale. The jewellers fell into financial difficulties, and the director gave the necklace as security for a loan to the company. The jeweller failed to maintain payments on the loan and went into insolvency. Action was now brought against the director personally. Held: The … Continue reading Advanced Industrial Technology Corporation Ltd v Bond Street Jewellers Ltd: CA 4 Jul 2006

Hirst v Secretary of State for the Home Department: CA 6 Jul 2006

The prisoner had been released on licence but then recalled. He complained that the procedure infringed his human rights. He had been convicted of manslaughter, and was seen to be a long term danger. The court awarded him compensation saying that the parole board had unduly delayed in informing him of the reasons for his … Continue reading Hirst v Secretary of State for the Home Department: CA 6 Jul 2006

Malik v Central Criminal Court and Another: Admn 27 Jun 2006

Application for judicial review of refusal to hear bail application in public. The bail application before the magistrates had been held in public, but not that to the crown court, as was normal practice. The issue on such an application is not the merits of the refusal of bail, but the process by which the … Continue reading Malik v Central Criminal Court and Another: Admn 27 Jun 2006

Halton International Inc Another v Guernroy Ltd: CA 27 Jun 2006

The parties had been involved in investing in an airline to secure its future, but it was now said that one party had broken the shareholders’ or voting agreement in not allowing further investments on a pari passu basis. The defendants argued that the claim was out of time unless the claimant could bring the … Continue reading Halton International Inc Another v Guernroy Ltd: CA 27 Jun 2006

McGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others: CA 9 Jun 2006

The insurance company was to be wound up. It operated internationally but was registered in Australia. The Australian liquidator now sought an order for the transfer of assets held here to Australia. Held: It was inevitable that cross border insolvency arrangements would cause difficulty, and particularly so for insurance companies. Such a transfer would prejudice … Continue reading McGrath and Honey v McMahon and Others, Re HIH Casualty and General Insurance Ltd and others: CA 9 Jun 2006

Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

Commissioners of Customs and Excise, Attorney General v Federation of Technological Industries and Others: ECJ 11 May 2006

ECJ (Taxation) C-197/03 Sixth VAT Directive – Articles 21(3) and 22(8) – National measures to combat fraud – Joint and several liability for the payment of VAT – Provision of security for VAT payable by another trader. Citations: [2006] EUECJ C-384/04, [2006] 3 CMLR 11 Links: Bailii Jurisdiction: European Cited by: Cited – Total Network … Continue reading Commissioners of Customs and Excise, Attorney General v Federation of Technological Industries and Others: ECJ 11 May 2006

Zambia v Meer Care and Desai (A Firm) and others: CA 7 Mar 2006

The appellant sought a stay of the action brought against them. The cliamants sought the return of goernment funds said to have been misappropriated. Judges: Sir Anthony Clarke MR, May, Jacob LJJ Citations: [2006] EWCA Civ 390 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Zambia, Attorney General of Zambia for and on … Continue reading Zambia v Meer Care and Desai (A Firm) and others: CA 7 Mar 2006

Southern Railway of Peru Ltd v Owen: HL 21 Jun 1956

When drawing up accounts where the company faces contingent laibilities and provision has to be made, the principles upon which such provisions are made does not depend upon (Lord Radcliffe) ‘any exact analysis of the legal form of the relevant obligation’ but upon estimates of what in practice is likely to happen.The House noted the … Continue reading Southern Railway of Peru Ltd v Owen: HL 21 Jun 1956

Estate Acquisition and Development Ltd v Wiltshire and Another: CA 4 May 2006

The defendants appealed a decision that they had no sufficient reason for not attending court on the day of the trial. Held: The fact that the defendants had a continuing commercial relationship with the claimants was not enough to justify an inference that they should be aware of proceedings served at a former address. In … Continue reading Estate Acquisition and Development Ltd v Wiltshire and Another: CA 4 May 2006

Constantinides v The Law Society: Admn 7 Apr 2006

The appplicant appealed against a decision to strike him from the roll of solicitors for dishonesty which he denied. He had drawn documents under which his client invested substantial sums abroad, and lost. She had claimed in negligence. The respondent intervened in his practice. He was found to have condoned fraud if not anything worse. … Continue reading Constantinides v The Law Society: Admn 7 Apr 2006

Dadourian Group Int Inc v Simms and others (No 1): CA 11 Apr 2006

The court was asked to consider how it should exercise its discretion to order a world-wide asset freezing order. Held: It dismissed the appeal in this case, but took the opportunity to provide eight guidelines for the way in which the discretion should be exercised.Arden LJ: ‘Guideline 1: The principle applying to the grant of … Continue reading Dadourian Group Int Inc v Simms and others (No 1): CA 11 Apr 2006

Inzani v Revenue and Customs: SCIT 29 Mar 2006

NATIONAL INSURANCE CONTRIBUTIONS – section 121C Social Security Administration Act 1992 – personal liability notice – liability of director for company’s contributions – fraud or neglect on the part of a director COSTS – Regulation 21(1), Special Commissioners (Jurisdiction and Procedure) Regulations 1994 – Appellant withdrawing two grounds of appeal shortly before hearing – Whether … Continue reading Inzani v Revenue and Customs: SCIT 29 Mar 2006

Grau v Commission (Staff Regulations) French Text: ECFI 6 Apr 2006

ECJ Investigation by the European Anti-Fraud Office (OLAF) concerning the management and funding of the Institute for European-Latin American Relations (IRELA) – Potential conflict of interest on the part of an investigator – Removal from the investigating body – Impact on the conduct of the investigation and the content of the report of the investigation … Continue reading Grau v Commission (Staff Regulations) French Text: ECFI 6 Apr 2006

Government of Canada v Aronson; Director of Public Prosecutions v Aronson: HL 20 Jul 1989

The Canadian Government asked for the arrest of the defendant and for his return to Canada to face 78 allegations in Canada. The magistrate had determined that there was sufficient evidence in 66 cases. The detainee said that 69 offences were not ‘relevant offences’ within the Act. Held: The allegations did not disclose relevant offences, … Continue reading Government of Canada v Aronson; Director of Public Prosecutions v Aronson: HL 20 Jul 1989

Wrexham Association Football Club Ltd v Crucialmove Ltd: CA 14 Mar 2006

There is no longer an absolute bar against obtaining summary judgment when fraud is alleged, but the fact that a claim is based on fraud is a relevant factor. The risk of a finding of dishonesty may itself be a strong reason for allowing a case to proceed to trial, even where the case looks … Continue reading Wrexham Association Football Club Ltd v Crucialmove Ltd: CA 14 Mar 2006

Conlon and Another v Simms: ChD 9 Mar 2006

Partners in a solicitors practice fell out after one was struck off by the Law Society. The remaining partners claimed damages alleging that they had been drawn into the partnership after misrepresentations by the defendant about it, and sought to plead the findings by the Solicitors Disciplinary Tribunal of dishonesty in the defendant. The SDT … Continue reading Conlon and Another v Simms: ChD 9 Mar 2006

Henry v British Broadcasting Corporation: QBD 9 Mar 2006

The claimant said that the defendant had accused her of falsifying hospital waiting statistics. The defendant pleaded justification. Held: There were stark differences in the evidence given by different witnesses. Nevertheless the evidence that there had been wrongdoing was sufficient. Though not all the imputations had been proved to be true, in the light of … Continue reading Henry v British Broadcasting Corporation: QBD 9 Mar 2006

Haward and others v Fawcetts: HL 1 Mar 2006

The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006

Gurney Consulting Engineers (A Firm) v Gleeds Health and Safety Ltd Gleeds Management Services Ltd: QBD 25 Jan 2006

It is not necessary for a party to seek permission to rely upon an expert’s report, when disclosed by another party, even though the court has not given anyone specific permission to do so. Judges: His Honour Peter Coulson QC Citations: [2006] EWHC 43 (TCC) Links: Bailii Jurisdiction: England and Wales Cited by: See Also … Continue reading Gurney Consulting Engineers (A Firm) v Gleeds Health and Safety Ltd Gleeds Management Services Ltd: QBD 25 Jan 2006

Revenue and Customs v IDT Card Services Ireland Ltd: CA 27 Jan 2006

Under the Marleasing principle, or principle of conforming interpretation, the domestic court of a member state must interpret its national law so far as possible in the light of the wording and purpose of the Directive in question. However this duty is limited and runs ‘so far as is possible’; any reading down must ‘go … Continue reading Revenue and Customs v IDT Card Services Ireland Ltd: CA 27 Jan 2006

Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006

The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse. Held: The power was validly exercised. Provided the recovery of the sums for which the security was given … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006

Optigen Ltd, Fulcrum Electronics Ltd, Bond House Systems Ltd v Commissioners of Customs and Excise: ECJ 12 Jan 2006

ECJ Sixth VAT Directive – Article 2(1), Article 4(1) and (2) and Article 5(1) – Deduction of input tax – Economic activity – Taxable person acting as such – Supply of goods – Transaction forming part of a chain of supply involving a defaulting trader or a trader using an unauthorised VAT number – Carousel … Continue reading Optigen Ltd, Fulcrum Electronics Ltd, Bond House Systems Ltd v Commissioners of Customs and Excise: ECJ 12 Jan 2006

Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

Wates Construction Ltd v HGP Greentree Allchurch Evans Ltd: TCC 10 Oct 2005

A unit constructed by the claimant had collapsed under a weight of rainwater. It had been constructed according to a design provided by the defendants. The claimants had discontinued the action on the morning of the trial, and the defendants now sought costs on an indemnity basis. Held: An order for indemnity costs may only … Continue reading Wates Construction Ltd v HGP Greentree Allchurch Evans Ltd: TCC 10 Oct 2005

Bookbinder v Tebbitt: 1989

The defendant charged the plaintiff with improperly spending andpound;50,000 on over-printing on local authority stationery the message ‘Support Nuclear Free Zones’. Held: An attempt to plead as justification that the plaintiff had squandered public funds in a number of other unrelated matters was struck out: ‘The clear impression which I have formed of these words. … Continue reading Bookbinder v Tebbitt: 1989

The Secretary of State for Trade and Industry v Jonkler and Another: ChD 10 Feb 2006

The applicant had given an undertaking to the court to secure discontinuance of company director disqualification procedings. He now sought a variation of the undertaking. Held: The claimant had given an undertaking, but in the light of new evidence proceedings against her her co-directors had been discontinued. A variation should be allowed only where some … Continue reading The Secretary of State for Trade and Industry v Jonkler and Another: ChD 10 Feb 2006

Mainstream Properties Ltd v Young and others: CA 13 Jul 2005

The claimant appealed refusal of his claim for inducing a breach of contract against the sixth defendant. It said that an intention to disturb a contract could be inferred. Held: A mere recklessness as to whether contractual rights were disturbed was insufficient to found the tort of interference with contractual relations. Judges: Sedley LJ, Arden … Continue reading Mainstream Properties Ltd v Young and others: CA 13 Jul 2005

HM Revenue and Customs v Egleton and others: ChD 19 Sep 2006

The claimants had applied for the winding up of a company for very substantial sums of VAT due to it. Anticipating that hearing, it now sought restraining orders against the director defendants, alleging that there had been a carousel or missing trader fraud. The defendants said that the interim frezing orders made had been without … Continue reading HM Revenue and Customs v Egleton and others: ChD 19 Sep 2006

Sheikh v The Law Society: ChD 1 Jul 2005

The claimant challenged the intervention by the Law Society in her solicitors practice. Held: Though there were some breaches of the solicitors’ accounts rules there was insufficient basis for the Society to have behaved in the way it had and the intervention was withdrawn. The judge expressed unhappiness that the consequences of the intervention were … Continue reading Sheikh v The Law Society: ChD 1 Jul 2005

Sekhon, etc v Regina: CACD 16 Dec 2002

The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002

Regina v Soneji and Bullen: HL 21 Jul 2005

The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005

Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004

The parties had been involved in protracted litigation where a freezing order had been made to support a claim which was eventually dismissed. The claimant sought to have set aside an earlier order made ordering him to pay costs on failing to have the order discharged. Held: The order had been made under the former … Continue reading Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004

Moreno v The Motor Insurers’ Bureau: SC 3 Aug 2016

The claimant had been severely injured when hit by a car in Greece. The car’s driver was uninsured. The Court was now asked whether the scope of her claim to damages was to be determined in accordance with English or Greek law. The implementation of the European Regulations with UK law predated the Sixth Directive. … Continue reading Moreno v The Motor Insurers’ Bureau: SC 3 Aug 2016

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

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

Jameel and Another v Times Newspapers Limited: CA 21 Jul 2004

The defendant had published a newspaper article linking the claimant to terrorist activity. The defendants argued that no full accusation was made, but only that the claimant was under investigation for such behaviour, and that the article had qualified privilege. Held: ‘The repetition rule, in essence, prevents a defendant from hiding behind the fact that … Continue reading Jameel and Another v Times Newspapers Limited: CA 21 Jul 2004

Simm and Others v Anglo-American Telegraph Co: CA 1879

A firm which had acted through nominees sought to raise an estoppel as to its status on the company registers. Held: The nominees acquired a ‘title by estoppel’ against the company following the issue by the company of a share certificate to the nominees. But that ‘title’ had been lost by the time the action … Continue reading Simm and Others v Anglo-American Telegraph Co: CA 1879

Regina v Supreme Court Taxing Office Ex Parte John Singh and Co: QBD 3 May 1995

A Taxing Master’s refusal of a certificate for point of principle on taxation is reviewable. Henry LJ: ‘Counsel for the Taxing Master conceded that such a jurisdiction existed but submitted that it should be restricted to cases where there had been a real injustice. I agree with both that concession and, in general terms, with … Continue reading Regina v Supreme Court Taxing Office Ex Parte John Singh and Co: QBD 3 May 1995