Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
Citations: [1997] EWCA Civ 2308 Statutes: Supreme Court Act 1981 42(1) Jurisdiction: England and Wales Citing: Cited – Attorney General v Hayward CA 10-Nov-1995 The standard of proof in vexatious litigant proceedings is civil not criminal. Even so, because the fundamental rights of the subject are affected by the making of a civil proceedings order, … Continue reading H M Attorney General v Foley and Foley: CA 21 Aug 1997
An electrical transformer was shipped from Ellesmere Port to Rotterdam and there transferred to a container vessel for carriage to Lumut. Severe weather was encountered, but not such as a commercial person would regard as falling outside the range of what could reasonably be expected in the seas in question at that time of year. … Continue reading Mayban General Assurance Bhd, AMI Insurans Bhd, Malaysian International Insurance Bhd, Syarikat Takaful Malaysia Bhd v Alstom Power Plants Ltd, Alstom T and D Ltd: QBD 11 May 2004
The defendants made up prefabricated portable buildings to the plaintiffs’ design, provided to them only for this purpose. When the contract ended, the defendants then offered their own prefabricated buildings using much of the material, including modifications, claiming that any duty of confidence was discharged once the plaintiffs sold buildings and published brochures which disclosed … Continue reading Terrapin v Builders Supply Co (Hayes): ChD 1967
A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus clear that, while the general principles are those set out in Edwards, each case … Continue reading Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003
When looking at a plea of autrefois acquit, the court had to ask whether there were any exceptional circumstances which would make it not oppressive to grant the prosecution leave to proceed. Barry J said: ‘I feel that I am bound to apply this general rule to the facts of the present case and to … Continue reading Regina v Riebold: QBD 1967
The Board rejected an argument that the disciplinary committee of the GMC were wrong in principle to find the appellant guilty of infamous conduct in a professional respect where he contended that the doctor’s intimate relationship began before the woman became his patient. The tendency of conduct to debase or degrade the standing and reputation … Continue reading Bhattacharya v General Medical Council: PC 1967
(Malaysia) The Malaysian election rules provide in certain circumstances for service by a notice published in the Gazette but such notice was in the event out of time. Held: The respondent’s appeal should be allowed and the petition struck out.Lord Upjohn said: ‘So the whole question is whether the provisions of rule 15 are ‘mandatory’ … Continue reading Devan Nair v Yong Kuan Teik: PC 1967
The taxpayer company was the parent company of a group of subsidiaries, one of which traded as the manufacturer and retailer of shoes. The others either manufactured or sold shoes. The company built a warehouse which was let to a warehousing subsidiary (Jacksons Limited). Parts of the warehouse were used to store shoes from the … Continue reading Saxone Lilley and Skinner (Holdings) Ltd v Commissioner of Inland Revenue: HL 1967
Two ships had collided. A third itself ran aground trying to avoid them, and its ownes sought damages. Held: The unit approach to apportionment of damages was wrong.Lord Morris said of section 1 of the 1911 Act: ‘The section calls for inquiry as to fault, and inquiry as to damage or loss, and inquiry as … Continue reading The Miraflores and The Abadesa: PC 1967
The defendant was a domestic servant. She was charged in two separate prosecutions before justices with theft of property from her employer and from a a guest. The property was found in her room after the guest had left. The prosecution offered no evidence on the alleged theft from the guest who had gone to … Continue reading G (An Infant) v Coltart: 1967
The legislation at issue imposed ‘civil disabilities’ on Members of Parliament against whom allegations of bribery had been sustained, including the loss of their seats in Parliament. The question arose whether they had been punished. Held: Sir Douglas Menzies contrasted discuplinary and criminal proceedings. In the former category no offence was specified and no declaration … Continue reading Kariapper v Wijesinha: PC 1967
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for misrepresentation. The policies were novel and sophisticated contracts and included clauses modifying the duties of … Continue reading HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others: HL 20 Feb 2003
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
Mr Seager had invented a patented carpet grip which he manufactured and marketed under the trade mark Klent. There were protracted negotiations between Mr Seager and Copydex over a proposal for Copydex to market the Klent. One of the issues in the negotiations was the price at which Mr Seager was to supply the product. … Continue reading Seager v Copydex Ltd: CA 1967
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the railway company obtained benefits over and above their contractual entitlement. The arbitrator stated a special case as to whether the plaintiffs … Continue reading British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities. Held: The High Court may look at how an accused person was brought within the jurisdiction when examining a question about that person’s detention. It is axiomatic ‘that … Continue reading Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1): HL 24 Jun 1993
The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR. Held: If the parties (or at least one of them) remain intransigently opposed to … Continue reading Halsey v Milton Keynes General NHS Trust etc: CA 11 May 2004
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences. Held: The magistrate was vested with jurisdiction to consider whether summonses issued by a convicted defendant amounted to an abuse of process, and … Continue reading Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts: Admn 8 Feb 1999
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French. Held: In establishing a system or regime to comply with a Convention obligation, a State may include within the system elements that are not strictly required … Continue reading Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2: ECHR 9 Feb 1967
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007
The defendant stabbed a pregnant woman. The child was born prematurely and died. The attack had been directed at the mother, and the proper offence was manslaughter. Held: The only questions which need to be addressed are (1) whether the act was done intentionally, (2) whether it was unlawful, (3) whether it was also dangerous … Continue reading Attorney-General’s Reference (No 3 of 1994): HL 24 Jul 1997
Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967
Restitutionary Claim against Pofits from Breach The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not first seeking authority to publish. … Continue reading HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening): HL 3 Aug 2000
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
The plaintiff had fallen from a roof whilst working for the defendants, and had claimed damages for breach of statutory duty. The parties disputed whether the plaintiff was an employee or a self-employed independent contractor.
Held: The real . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The Court considered an appeal by the owners of offices, which were in the course of erection, against completion notices under para 8 of Schedule 1 to the 1967 Act. The court held that the test for completion of a new building or an existing hereditament undergoing structural alteration was whether it was ready for … Continue reading Ravenseft Properties Ltd v Newham London Borough Council: CA 1976
The Court considered liability for a domestic rate during a period when a block of flats was being upgraded. Under paragraph 1 of schedule 1 to the General Rate Act 1967, where a relevant hereditament was unoccupied for a continuous period exceeding 3 months the owner should be rated as if the property was occupied. … Continue reading Easiwork Homes Ltd v Redbridge London Borough Council: QBD 1970
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
An existing outline planning permission to develop land to include a parade of 12 shops in central London. In 1968 Pan American Airways Corporation took a sub-lease of the land and got planning permission to develop it as an air terminal for a period of 14 years, terminating (with an extension) on 31 March 1984. … Continue reading Regent Lion Properties Limited v Westminster City Council: CA 1990
The ratepayer complained that an enterprise zone set up near his property had depressed the value of his property which should have been reflected in a reduced rateable value. He appealed a decision that section 20 related only to physical changes affecting the property. Held: The appeal succeeded. The critical factor was that the statutory … Continue reading Clement (VO) v Addis Ltd: HL 1988
By section 34(4) of the 1939 Act, no building which required a means of escape from fire under section 34(1) ‘shall be occupied or let for occupation’ until the local authority had issued a certificate that the building had been provided with a means of escape in accordance with approved plans, but buildings belonging to … Continue reading Tower Hamlets London Borough Council v St Katherine by the Tower Limited: QBD 1982
The ratepayer challenged the rateable value of his business premises. A business park had been erected within an enterprise zone nearby. Because properties in the enterprise zone were subsidised, the rental value of his own premises was reduced. It was said that this should be allowed for in valuing the property under section 20. The … Continue reading Addis Ltd v Clement (VO): CA 1987
A 1201 exemption from taxes didn’t exempt tin miners from rating liability. Citations: Times 20-Jun-1994 Statutes: General Rate Act 1967 Rating Updated: 10 April 2022; Ref: scu.89998
The court was asked: ‘Does a commercial building which is in the course of redevelopment have to be valued for the purposes of rating as if it were still a useable office? ‘ Held: Appeal from decision of CA granted. On the facts found by the UT, the premises were undergoing reconstruction on the material … Continue reading Newbigin (Valuation Officer) v SJ and J Monk (A Firm): SC 1 Mar 2017
The respondent occupied a tugboat with his family as his home. The appellant authority had sought to charge council tax, saying that it was a dwelling. The boat was not a houseboat but a live-aboard seagoing vessel, registered in the Small Ships Register; The question was whether it amounted to a heraditament. Held: The listing … Continue reading Reeves (Listing Officer) v Northrop: Admn 6 Mar 2012
It was said that the Arsenal football stadium was under-valued in local rating list. The House was asked who might be a ‘person aggrieved’ and entitled to complain about the under-valuation of a hereditament in the same area. Held: A person liable to pay rates in the same area was entitled to challenge the valuation … Continue reading Arsenal Football Club Ltd v Ende, Smith: HL 1978
The land-owner appealed by case stated against an assessment to unoccupied, non-domestic rate demands. The land-owner said that they were unoccupied through dilapidations and therefore exempt. They said that the court had wrongly disregarded their evidence that it would be an offence for the properties to be occupied in their condition. Held: The appeal failed. … Continue reading Pall Mall Investments (London) Ltd v Gloucester City Council: Admn 8 Jul 2014
The taxpayer had successfully challenged the entry of his houseboat in the rating list at the Valuation Tribunal, but this had been re-instated at first instance. He said that the boat, as a registered seagoing vessel was not a houseboat, and that he occupied only a tidal fore and aft mooring protected by a pit. … Continue reading Reeves (Listing Officer) v Northrop: CA 17 Apr 2013
The extended definition of ‘listed building’ in section 54(9) applied equally for the purposes of paragraph 2(c) of Schedule 1 of the 1967 Act. No rates were to be payable in respect of a hereditament for any period during which it was included in a . .
Houses were built on defective foundations. The purchasers sued the builders and later the architects who designed them. The defendants argued that the houses were doomed from the start so that the cause of action accrued, not when the physical damage to the houses occurred, but when the plaintiffs became the owners of the houses … Continue reading Ketteman v Hansel Properties Ltd: HL 1987
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
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 was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent duty to leave that option to the jury. Held: The appeal succeeded. The judge should have left a manslaughter … Continue reading Regina v Coutts: HL 19 Jul 2006
The court was asked whether a tenant for years was liable for permissive waste. Held: ‘As to the question, whether the action for permissive waste lies against a tenant for years, all the authorities are collected in the notes to Greene v. Cole, in 2 Saund. 252, where it is stated as clear law, that … Continue reading Harnett v Maitland: 1847
Waste brought against a tenant for term of years for the cutting down of one hundred oaks and allowing the wood to lie unenclosed so that animals have eaten the shoots of the said wood so that they have ceased to grow.Danby It was not the practice in such cases until recently to count in … Continue reading 11. H.6.1: 1432
In issue was a provision in the 1967 Act which stated that, if it appeared to the Secretary of State that it was expedient in the public interest that a corporate body should be wound up, he could present a petition for its winding-up. That power had been exercised by the Inspector of Companies in … Continue reading Re Golden Chemicals Limited: 1976
Appeals concerned with two preliminary issues, directed by the Lands Tribunal, to determine: (i) ‘the proper deferment rate to be applied to vacant possession value’; and (ii) ‘the proper valuation of any ‘hope value”. A further general issue has been raised as to the status of the Tribunal’s decision in relation to future cases in … Continue reading Cadogan and Another v Sportelli and Another: CA 25 Oct 2007
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
Bequest, in trust for such objects of benevolence and liberality as the trustee in his own discretion shall most approve, cannot be supported as a charitable Legacy ; and is therefore a Trust for the next of kin.Ann Cracherade by her Will, dated the 16th of April 1801, and duly executed to pass real estate, … Continue reading Morice v The Bishop of Durham: CA 26 Mar 1804
The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine fears for the surrounding area, and had not acted unlawfully. Held: Where a defence of lawful justification is put … Continue reading Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance: Admn 4 Nov 2003
The motorist was driving at an excessive and dangerous speed. He was seen by detectives from a police motor car. They followed him but thought that he was driving far too fast and dangerously for them to overtake him. They followed him to a holiday camp, and when he stopped there they kept him in … Continue reading Edkins v Knowles: QBD 1973
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013
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
The defendant had charged her home to the claimant and fallen into arrears. There was a sub-charge executed on the same day in favour of the Bank of Scotland (BOS) under which the claimant agreed to repay to BOS the amount it owed to them. Held: The sub-charge did not operate to transfer to BOS … Continue reading Credit and Mercantile Plc v Feliciangela Marks: CA 14 May 2004
The claimant sought damages for defamation. The defendant through their company had accused him acting in such a way as to allow a conflict of interest to arise. They said that he had been invited to act on a proposed purchase but had used the information to put in a higher offer himself. The claimant … Continue reading Ratiu, Karmel, Regent House Properties Ltd v Conway: CA 22 Nov 2005
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
The claimants owned Community and UK trade marks in the name ‘Cipriani’. The defendants operated a restaurant in London using, under the licence of another defendant, the same name. The claimant sought an injunction to prevent further use of the name. The defendants said that they came within the ‘own name’ exception. Held: The appeal … Continue reading Hotel Cipriani Srl and Others v Cipriani (Grosvenor Street) Ltd and Others: CA 24 Feb 2010
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
The parties had contracted for sale and purchase of butane for processing. It was said to have been contaminated. The parties now disputed the effect on damages for breach including on causation, remoteness, mitigation and quantum. Held: The recklessness of the defendant was an intervening act sufficient to affect the chain of causation. Judges: Gross … Continue reading Borealis Ab v Geogas Trading Sa: ComC 9 Nov 2010
Mrs. Nessa arrived at Heathrow aged 55 having lived all her life in Bangladesh. Her husband, Mr. Mobarak Ali, had lived in the United Kingdom from 1962 until he died in 1975 and when she arrived here, Mrs. Nessa had a right of abode. She hoped to live with her husband’s brother. Her three children, … Continue reading Nessa v Chief Adjudication Officer: HL 3 Nov 1999
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death. Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether the copyright should be enforced the relevant issues would be ones arising from the work itself, … Continue reading Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000
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 was injured working for the defendants on a semi-submersible platform. He fell from a ladder which was not secured properly. He alleged a breach of the Regulations. The defendant denied any breach and asserted that the claimant had contributed to the accident by his negligence. Held: The employee’s appeal succeeded. The aim in … Continue reading Robb v Salamis (M and I) Ltd: HL 13 Dec 2006
LT LEASEHOLD ENFRANCHISEMENT . . preliminary issues – deferment rate – determination of deferment rate – Arbib v Earl Cadogan considered – deferment rate of 4.75% applied to houses and 5% applied to flats – guidance on this ( hope value – whether hope of releasing share of marriage value relevant in collective enfranchisement – … Continue reading Cadogan and Another v Sportelli and Another: LT 15 Sep 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
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006
The court objected to the insistence on leaving the burden throughout a prosecution on the defendant on the ground that ‘the discharge of an evidential burden proves nothing – it merely raises an issue’. The House emphasised the special nature of the provisions, saying there was little doubt that the occasions upon which a statute … Continue reading Regina v Hunt (Richard): HL 1987
The claimants asserted a right of light either by prescription or under lost modern grant. The defendants argued that alterations in the windows arrangements meant that any prescription period was restarted. Held: ‘the Defendant is not correct to submit that any significant alteration in a window during the running of the 20 year period, means … Continue reading CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012
General Rate Act, 1967, s.115(1) – Meaning of hereditament – Non-contiguous properties in single occupation – structurally and geographically separated – Functional connection insufficient to justify finding single hereditament Citations: [2003] EWLands RA – 10 – 2002 Links: Bailii Rating Updated: 30 June 2022; Ref: scu.225736
The defendants appealed convictions for having staged motor accidents to support false insurance claims. They said that the insurance companies had contributed to the costs of the investigation by the police. Held: It might have been most unwise and possibly unlawful for the police to solicit contributions to their costs from the victims of crime, … Continue reading Hounsham and Others, Regina v: CACD 26 May 2005
The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have … Continue reading Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004
The claimant alleged infringement of its copyright in a software system which dealt with airline reservations. It was not said that any code had been copied, but merely that an express requirement of the defendant ordering the system was that it should appear similar to the claimant’s system; it should have its look and feel. … Continue reading Navitaire Inc v Easyjet Airline Co and Another: ChD 30 Jul 2004
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s administrators to assist it identifying who might else be liable. Held: The claimant could rely upon the … Continue reading First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004
The claimant sought a declaration as to the ownership of an aircraft. Saying he had bought it in good faith from E H and S, who in turn similarly claimed to have bought it from Ebbs. The defendant had obtained a judgment that he was owner as against Mr Ebbs after the sale to E … Continue reading Wiltshire v Powell and others: CA 7 May 2004
The water company appealed an award of damages after it had been found to have laid a water main under the claimant’s land without his knowledge or consent. The court had awarded restitutionary damages. Held: The judge fell into error in awarding the exercise the judge sought to perform by awarding the additional sum of … Continue reading Severn Trent Water Ltd v Barnes: CA 13 May 2004
The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear. Held: In making the decision, the judge had incorrectly said that her evidence was uncontested. The errors began with discussions in … Continue reading Lobban, Regina v: CACD 7 May 2004
The student had been unlawfully excluded from school. The school had not complied with the procedural requirements imposed by the Act. Held: Though the 1996 Act placed the responsibilty for exclusion upon the local authority, the head and school must also follow the rules. The duty on the local authority was a fallback duty. The … Continue reading Ali v The Head Teacher and Governors of Lord Grey School: CA 29 Mar 2004
The plaintiffs objected to the transport of wood from the defendant’s neighbouring land by lorry along an accessway to the plaintiff’s land. They said the defendants had no right of vehicular access. The defendants asserted a public vehicular highway. Held: The court rejected the argument that a public right of way may only exist from … Continue reading Brand and Another v Philip Lund (Consultants) Ltd: ChD 18 Jul 1989
The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003
The regulations appeared to deem that the deceased had held a half share in the house when in fact she owned only a one sixth share. The result was that she had been disallowed Income Support. Held: The regulations applied where two or more people were interested in the same capital asset. Since the property … Continue reading Hourigan on Behalf of her Mother Mary Hourigan (Deceased) v Secretary of State for Work and Pensions: CA 19 Dec 2002
The defendants applied for the defence statements of co-defendants to be disclosed. A co-defendant was to give evidence for the Crown, and they sought to have it excluded as unreliable. Held: The 1996 Act created a duty of secondary disclosure, where a defence statement might be of assistance to the co-defendants. Actual disclosure remained for … Continue reading Regina v Cairns; Regina v Zaldi, Regina v Chaudary: CACD 22 Nov 2002
Law upon res judicata – action estoppel and issue estoppel and the underlying policy interest whereby there is finality in litigation and litigants are not vexed twice on the same matter.(May LJ) ‘the authorities taken as a whole tend to encourage elaborate technical submissions which many percipient non-lawyers would scarcely understand. Cause of action estoppel … Continue reading Specialist Group International Ltd v Deakin and Another: CA 23 May 2001
To exclude a child from school for as long as his parents refused to let him be beaten ‘cannot be described as reasonable and in any event falls outside the State’s power of regulation in article 2’. The Convention protects only religions and philosophies which are ‘worthy of respect in a ‘democratic society’ and are … Continue reading Campbell and Cosans v The United Kingdom: ECHR 25 Feb 1982
At trial in the magistrates court, the prosecution had failed to bring evidence that the computer used to analyse the defendant’s breath alcohol was in proper working condition. The defendant submitted no case to answer, and the magistrates allowed the prosecutor to re-open his case to put the evidence. The defendant appealed. Held: The appeal … Continue reading Christopher James Jolly v Director of Public Prosections: Admn 31 Mar 2000
The petitioners complained that the Secretary of State for Transport was guilty of maladministration in confirming Road Orders without seeking an assurance from Norfolk County Council that the Balchins would be given adequate compensation for the effect of the road on their home. They now challenged the Ombudsman’s report which had rejected their complaint. Held: … Continue reading Regina v Parliamentary Commissioner for Administration ex parte Balchin: Admn 25 Oct 1996
The claimant said that the 1987 Regulations were invalid, in making invalid any claim for benefits by an asylum seeker who had not made his application exactly upon entry to the UK. Held: The appeals were allowed. Section 11 of the 1971 Act is a highly technical provision which for the purposes of immigration control … Continue reading Kola and Another v Secretary of State for Work and Pensions: HL 28 Nov 2007
(Grenada) The petitioner sought to appeal to the Board from Grenada. The powers conferred on the Board by the Acts of 1833 and 1844, and other later instruments, have superceded the old prerogative power formerly exercised by the King in Council. The 1967 Order was made under powers conferred by the Judicial Committee Act 1844 … Continue reading Mitchell v Director of Public Prosecutions of Grenada: PC 1986
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
The plaintiff’s solicitors had applied to a district registrar for leave of the court for the purposes of the Limitation Act 1963 when they ought to have made the application to a judge in chambers. The district registrar ordered that Section 2(1) of the Limitation Act 1939 should not afford a defence to the proposed … Continue reading Harkness v Bell’s Asbestos and Engineering Limited: CA 1966
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The complainant asked the Olympic Delivery Authority (the ODA) for copies of internal audit reports. The relevant reports were entitled ‘Report on General IT Controls’ and – Olympic Security Governance and Strategy Review’. The ODA applied section 36(2)(b)(i) and (ii) to withhold both reports. During the Commissioner’s investigation, the ODA decided to disclose a redacted … Continue reading Olympic Delivery Authority (Decision Notice): ICO 22 Sep 2009
