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Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

Fisher v Bell: QBD 10 Nov 1960

A shopkeeper displayed a flick-knife in his window for sale. A price was also displayed. He was charged with offering it for sale, an offence under the Act. The words ‘offer for sale’ were not defined in the Act, and therefore the magistrates construed them as under the general law of contract, in which case … Continue reading Fisher v Bell: QBD 10 Nov 1960

Hall v London Borough of Hillingdon: UTLC 17 Nov 2015

UTLC COMPENSATION – compulsory purchase – land acquired pursuant to a s.106 Agreement connected with major development of offices and park on reclaimed land – whether special value (if any) to developer to be left out of account under Pointe Gourde – estoppel – planning status – ransom value – hope value – disturbance – … Continue reading Hall v London Borough of Hillingdon: UTLC 17 Nov 2015

Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015

Kendon Packaging Ltd v Greater London Authority: UTLC 1 Jul 2015

UTLC COMPENSATION – compulsory acquisition of land and commercial buildings in connection with the London Olympics 2012 – disturbance – loss of profits – increased costs of replacement premises – value for money – other temporary losses – directors’ time – pre-reference costs – Land Compensation Act 1961 section 5, Rule (6) – Compensation andpound;360,596 … Continue reading Kendon Packaging Ltd v Greater London Authority: UTLC 1 Jul 2015

Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021

Claim included in statement of case covering multiple references filed within time – notice of reference filed after expiry of limitation period – whether claim referred to Tribunal within time – s.1, Land Compensation Act 1961 – s.9, Limitation Act 1980 – rr.7 and 28, Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 Martin Rodger, … Continue reading Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021

G and B Compressor Hire Ltd v The Greater London Authority: UTLC 18 May 2015

UTLC COMPENSATION – Compulsory purchase of 0.49 acre waste transfer station required pursuant to the London 2012 Olympic Park development – disturbance – loss of opportunity to expand business – temporary loss of profits – additional costs of new site not providing value for money – increased costs due to temporary relocation – professional fees … Continue reading G and B Compressor Hire Ltd v The Greater London Authority: UTLC 18 May 2015

Cusack v London Borough of Harrow: SC 19 Jun 2013

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

Harris v Brights Asphalt Contractors Ltd: QBD 1953

The plaintiff was not to be prevented from recovering the costs of private medical treatment.It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would have been earned after death is that they are an element for consideration … Continue reading Harris v Brights Asphalt Contractors Ltd: QBD 1953

Shephard v H West and Son Ltd: HL 27 May 1963

The House looked at how personal injury damages shoud be set in cases of severe injury.Lord Pearce said: ‘[i]f a plaintiff has lost a leg, the court approaches the matter on the basis that he has suffered a serious physical deprivation no matter what his condition or temperament or state of mind may be’. And: … Continue reading Shephard v H West and Son Ltd: HL 27 May 1963

Timec 1209 Llp v Salford City Council: UTLC 5 Nov 2021

COMPULSORY PURCHASE – COMPENSATION – office building acquired as part of comprehensive redevelopment of Salford City Centre – rule 2 value in no scheme world – s.5, Land Compensation Act 1961 – Compensation determined at pounds 5,597,500 [2021] UKUT 269 (LC) Bailii England and Wales Land Updated: 30 November 2021; Ref: scu.669251

Simmons v British Steel plc: HL 29 Apr 2004

The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004

White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

Reyes and Another v Al-Malki and Another: CA 5 Feb 2015

The claimants wished to make employment law claims alleging, inter alia, that they had suffered racial discrimination and harassment, and had been paid less than the national minimum wage aganst the respondents. They had been assessed as having been subject to human trafficking. They appealed against dismissal of their claims under section 31 the 1964 … Continue reading Reyes and Another v Al-Malki and Another: CA 5 Feb 2015

Yearworth and others v North Bristol NHS Trust: CA 4 Feb 2009

The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them providing future samples. They appealed a finding that they they had no losses, based on the suggestion that the … Continue reading Yearworth and others v North Bristol NHS Trust: CA 4 Feb 2009

Mintblue Propertiesltd, Re: Re: Car Park of Former E-Mag Factory: UTLC 7 Apr 2016

UTLC Compensation – planning permission – compulsory acquisition of land required for new highway – appeal against certificate of appropriate alternative development restricting residential development to 100% affordable housing – development plan – material consideration of extant planning permission on balance of site – Land Compensation Act 1961, s18 – appeal allowed [2016] UKUT 172 … Continue reading Mintblue Propertiesltd, Re: Re: Car Park of Former E-Mag Factory: UTLC 7 Apr 2016

Dingle v Associated Newspapers: HL 1964

The plaintiff complained of an article written in the Daily Mail which included the reporting of a report of a Parliamentary select committee. The reporting of the select committee’s report was privileged under the Parliamentary Papers Act 1840. At trial the judge held that the part of the article which reported on the proceedings in … Continue reading Dingle v Associated Newspapers: HL 1964

Societe Generale, London Branch v Geys: SC 19 Dec 2012

The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form of an express and immediate dismissal automatically terminate the contract?’ Held: Mr … Continue reading Societe Generale, London Branch v Geys: SC 19 Dec 2012

Waters and others v Welsh Development Agency: HL 29 Apr 2004

Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004

Mansfield and Another v Weetabix Limited and Another: CA 26 Mar 1997

A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs’ shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting in a hypoglycaemic state in which the brain was starved of glucose and so was … Continue reading Mansfield and Another v Weetabix Limited and Another: CA 26 Mar 1997

Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978

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

Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co: CA 21 May 1998

The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because undisclosed covenants variously restricted future development of the land. Held: The standard solicitor’s undertaking to … Continue reading Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co: CA 21 May 1998

Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947

Under a wartime agreement in 1941 the UK government agreed to lease to the US Government land in Trinidad on which the US could establish a naval base. To do this the Crown acquired the Pointe Gourde land for its limestone quarry which would be used to provide materials to construct the air base. It … Continue reading Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendant of Crown Lands: PC 29 Jul 1947

FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019

Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019

OT Africa Line Ltd v Magic Sportswear Corporation and others: CA 13 Jun 2005

The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. Proceedings were also begun in England, and the original Canadian claimant now appealed a … Continue reading OT Africa Line Ltd v Magic Sportswear Corporation and others: CA 13 Jun 2005

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

Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009

Compulsory Purchase Compensation – Land As it Is The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as equal to certainty. Held: The appeal succeeded. The land should not … Continue reading Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009

Laroche v Spirit of Adventure (UK) Ltd: CA 21 Jan 2009

Hot Air balloon was an aircraft: damages limited The claimant was injured flying in the defendant’s hot air balloon. The defendant said that the journey was covered by the 1967 Regulations and the damages limited accordingly. The claimant appealed against a decision that the balloon was an aircraft. Held: The appeal was dismissed. There was … Continue reading Laroche v Spirit of Adventure (UK) Ltd: CA 21 Jan 2009

McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

Anson v Revenue and Customs: SC 1 Jul 2015

Interpretation of Double Taxation Agreements This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not domiciled here. He was liable to UK … Continue reading Anson v Revenue and Customs: SC 1 Jul 2015

Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997

The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997

Pickett v British Rail Engineering: HL 2 Nov 1978

Lost Earnings claim Continues after Death The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives appealed. Held: The House assumed that, because the claimant had brought … Continue reading Pickett v British Rail Engineering: HL 2 Nov 1978

Purnell v Purnell: 1961

Cairns J considered a request for the variation of a post-nuptial trust and said: ‘Now it is well established by authority that the variation may be such as to confer a benefit on a stranger to the settlement provided it also confers a benefit on . .

Secretary of State for Environment v Fletcher Estates (Harlescott) Limited and Secretary of State for Environment v Newell; Longmore and Longmore (the Executors of J V Longmore): CA 11 Jun 1998

Land was to be valued at the date of the proposal to acquire it compulsorily allowing a discount for any damage to the value incurred by the long expectation of that particular proposal and its consequences and not by reference to another proposal . .