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
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
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
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
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
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 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 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
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
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 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
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 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 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
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 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
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
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
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
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 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
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
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
(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 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
Plaintiffs who lived in Russia sought damages for defamation against an American magazine with a small distribution in England. Both plaintiffs had real connections with and reputations in England. A judgment in Russia would do nothing to repair the reputations in England, and accordingly the proper place to sue was in England. Under English law … Continue reading Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
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 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
Several lone parents challenged the benefits cap, saying that it was discriminatory. Held: (Hale, Kerr LL dissenting) The parents’ appeals failed. The legislation had a clear impact on lone parents and their children. The intention was to encourage claimants back into work. It was said that thus contradicted the other policy of providing no free … Continue reading DA and Others, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 May 2019
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day the academic year begins. The claimant came as a child with her mother some … Continue reading Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills: SC 29 Jul 2015
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on their families. They said the removals would be discriminatory. Held: To justify … Continue reading AL (Serbia) v Secretary of State for the Home Department; Rudi v Same: HL 25 Jun 2008
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
An agreement between the parties for assignment or novation of a credit agreement, contained a ‘take out’ agreement (‘TOA’). The defendant began proceedings in California to rescind the agreement, and the claimants obtained summary judgement under the TOA and an injunction to prevent the defendants proceeding in California. The defendants appealed. There were allegations of … Continue reading National Westminster Bank v Utrecht-America Finance Company: CA 10 May 2001
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
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant had later refused to do so, saying that it was not obliged to pay … Continue reading Coulson v Newsgroup Newspapers Ltd: QBD 21 Dec 2011
The claimant had sought and been granted an injunction to prevent the defendant publicising matters which had passed between them and which were he said private. Held: The jurisdiction to grant such injunctions was now established. Publication would cause damage to the claimant’s private life, damages would not be an adequate remedy, and the defendant … Continue reading AMM v HXW: QBD 7 Oct 2010
The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. It had come to be a habitat for wildlife, and the order prevented the … Continue reading Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004
This appeal concerns the question whether an area of land in Bath known as the Recreation Ground, commonly called ‘the Rec’, is still subject to a restrictive covenant imposed in a conveyance of the Rec dated 6 April 1922 (‘the 1922 conveyance’). That turns on the question whether there is anyone who can now claim … Continue reading Bath Rugby Ltd v Greenwood and Others: CA 21 Dec 2021
The revenue wished to refuse a claim to set off input tax for two transactions involving the alleged purchase of software. They said the transactions were a sham. Held: The revenue’s appeal failed. Briggs J said: ‘the critical question whether a transaction which, as documented, appears to attract certain VAT consequences is to be deprived … Continue reading Revenue and Customs v Dempster (T/A Boulevard): ChD 24 Jan 2008
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road when leaving. That use was recognised as lawful under planning law. … Continue reading Cusack v London Borough of Harrow: SC 19 Jun 2013
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road. Held: The statutory duty on a highway authority to keep a road in repair did not include an absolute duty to remove all ice. The … Continue reading Goodes v East Sussex County Council: HL 16 Jun 2000
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job. Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. Hamblen J [2009] EWHC 1253 (QB) Bailii England and Wales Citing: Cited – Fowkes And Another, … Continue reading Cheltenham Borough Council v Laird: QBD 15 Jun 2009
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 claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system. Held: The decision as to whether to impose an IPP senence and whether a prisoner was ready for release on … Continue reading Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2): SC 3 Jul 2013
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012
The question was whether the deceased had lost his domicile of birth and acquired one of choice when living and working in the UK for 43 years. He had retained land in Cyprus, but lived here. Held: He had retained his domicile of birth: ‘marriage by a man with a domicile of origin in one … Continue reading Agulian and Another v Cyganik: CA 24 Feb 2006
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 Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
Court to seek and Apply Parliamentary Intention The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act. Held: The challenge failed. The court was to give effect to the intentions of … Continue reading Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance): HL 13 Mar 2003
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 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
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008
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 claimant worked as personal assistant to a well known public relations company. She alleged that the defendant had intercepted telephone message given by and left for her. The court was asked first as to whether the information amounted to ‘technical or commercial information’ within the definition of ‘intellectual property’ in section 72(5) of the … Continue reading Phillips v Mulcaire: SC 24 May 2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they were practising Christians and viewed the guest house as their home, and that … Continue reading Bull and Bull v Hall and Preddy: CA 10 Feb 2012
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled. Held: The result was to leave the … Continue reading Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
The parties had contracted for the sale of land. The purchaser secured the rescinding of the contract for innocent misrepresentation. A notice of a relevant planning application had not been passed on by the seller’s solicitors. The seller appealed saying that the judge had been wrong to find that condition 7.1.3 of the Standard Conditions … Continue reading Cleaver and Others v Schyde Investments Ltd: CA 29 Jul 2011
The trustees had contracted to sell shares in a private company held within the estate. A family member now claimed that they were held in trust after a settlement of a possible challenge to the will based in lack of testamentary capacity and undue influence. The trustees requested the court to determine the trusts on … Continue reading Jones and others v Firkin-Flood: ChD 17 Oct 2008
Directors Liability for Actions Ouside the Company Regal negotiated for the purchase of two cinemas in Hastings. There were five directors on the board, including Mr Gulliver, the chairman. Regal incorporated a subsidiary, Hastings Amalgamated Cinemas Ltd, with a share capital of 5,000 pounds. There were six directors on its board, who included the five … Continue reading Regal (Hastings) Ltd v Gulliver: HL 20 Feb 1942
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011
