Click the case name for better results:

General Assembly of Free Church of Scotland v Overtoun: HL 1904

Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether any of them are or are not based on a just interpretation … Continue reading General Assembly of Free Church of Scotland v Overtoun: HL 1904

Bank of Scotland Plc v King and others: ChD 23 Nov 2007

The parties contracted to buy and sell a property. The lending bank sought possession, saying that it had advanced the money which had been spent acquirng the property. The defendant purchasers said that completion had not taken place, the full price had not been paid, possession had not been given, and the parties had agreed … Continue reading Bank of Scotland Plc v King and others: ChD 23 Nov 2007

Buchler and another (as joint liquidators of Leyland DAF Limited) v Talbot and another (as joint administrative receivers of Leyland DAF Limited) and Stichting Ofasec and others: HL 4 Mar 2004

The liquidator sought to recover his expenses from assets charged under a floating charge in priority to the chargee. Held: Barleycorn was decided in error. The liquidators costs incurred in an insolvent winding up were not to be charged against the assets subject to the floating charge: ‘The winding up of a company is a … Continue reading Buchler and another (as joint liquidators of Leyland DAF Limited) v Talbot and another (as joint administrative receivers of Leyland DAF Limited) and Stichting Ofasec and others: HL 4 Mar 2004

BMBF (No 24) Limited v the Commissioners of Inland Revenue: CA 6 Nov 2003

The taxpayer, a non-resident, operated a sale and lease back scheme of machinery to be used in its business within the UK. There had been a chain of leases. Held: The court had first to identify the ‘relevant lease’. It was the head lease which was the lease of the machinery on which the expemse … Continue reading BMBF (No 24) Limited v the Commissioners of Inland Revenue: CA 6 Nov 2003

Inland Revenue v Earl of Buchan: HL 3 Dec 1908

The Succession Duty Act 1851, sec. 15, enacts-‘Where the title to any succession shall be accelerated by the surrender or extinction of any prior interests, then the duty thereon shall be payable at the same time and in the same manner as such duty would have been payable if no such acceleration had taken place.’ … Continue reading Inland Revenue v Earl of Buchan: HL 3 Dec 1908

Acts

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

Chowood v Lyall (No 2): CA 1930

The transferees of land registered themselves as first registered proprietors of land including two narrow strips of woodland. The court had found that the strips in fact belonged to a neighbour who had acquired title by adverse possession. Held: A landowner may have sufficient standing to sue the registered proprietor of land for trespass even … Continue reading Chowood v Lyall (No 2): CA 1930

Cormack v Cope: 5 Aug 1974

(High Court of Australia) There was an alleged constitutional irregularity in the law-making process. Held: Ordinarily the court’s interference to ensure due observance of the constitution in connection with the making of laws is effected by a post-enactment declaration that what purports to be an Act is void. This is a sufficient means of ensuring … Continue reading Cormack v Cope: 5 Aug 1974

Miller’s Trustees v Miller: 1958

The issue was whether the rule of conditio si institutus sine liberis decesserit operated and, if so, whether two nephews who predeceased the date of a codicil which the testator made to his trust disposition and settlement were to be regarded as institutes instead of the persons whom he had instituted by his original settlement, … Continue reading Miller’s Trustees v Miller: 1958

Regina (on the Application of Cawser) v Secretary of State for the Home Department: CA 5 Nov 2003

The claimant was serving a prison sentence for serious sexual offences. He would not be released until he had completed a sex offenders programme, but one was not made available, delaying his release. Held: ‘The Secretary of State is not under an absolute duty to devise and provide courses for all who want them and, … Continue reading Regina (on the Application of Cawser) v Secretary of State for the Home Department: CA 5 Nov 2003

Wisniewski v Central Manchester Health Authority: CA 1997

The court considered the effect of a party failing to bring evidence in support of its case, as regards the court drawing inferences: ‘(1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a witness who might be expected to have material evidence to give on … Continue reading Wisniewski v Central Manchester Health Authority: CA 1997

F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973

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

Revenue and Customs v William Grant and Sons Distillers Ltd: HL 28 Mar 2007

The Revenue appealed findings as to the calculation of profits for corporation tax. The companies had sought to deduct sums from profits for depreciation of unsold stock in accordance with current accounting standards. Held: ‘the profit and loss account is concerned with revenue and expenses. A fall in the value of stock to below cost, … Continue reading Revenue and Customs v William Grant and Sons Distillers Ltd: HL 28 Mar 2007

Karagozlu v Commissioner of Police of the Metropolis: CA 12 Dec 2006

The claimant made a claim for misfeasance in public office. The defendant argued that such a claim required proof of special damage. The claimant said that the deprivation of liberty amounted to such damage. Whilst serving a prison sentence the police had advised the prison service to move him from an open prison to secure … Continue reading Karagozlu v Commissioner of Police of the Metropolis: CA 12 Dec 2006

Ministry of Housing and Local Government v Sharp: CA 1970

Mr Sharp was the local land registrar with statutory duty to maintain the local registry, issuing certificates in response to search requests. A clerk who had been seconded by another Council to assist him negligently issued an inaccurate certificate to a prospective purchaser of land, omitting any reference to a claim to reimbursement of compensation … Continue reading Ministry of Housing and Local Government v Sharp: CA 1970

Rediffusion (Hong Kong) Ltd v Attorney-General of Hong Kong: PC 1970

(Hong Kong) The plaintiffs sought a declaration that it would not be lawful for the Legislative Council of Hong Kong to pass a particular Bill, together with an injunction to restrain the members of the council from passing it. Held: The Board had jurisdiction to entertain the claim, but, by a majority, the action should … Continue reading Rediffusion (Hong Kong) Ltd v Attorney-General of Hong Kong: PC 1970

Regina v Home Secretary ex parte Gunn: CA 2000

A challenge under article 5 to decisions about a prisoner’s treatment were misconceived in the context of the Secretary of State’s refusal to transfer a prisoner to open conditions with a view to improving his prospects of release: ‘[Article 5(4)] is not to do with how persons are treated while they were detained or where … Continue reading Regina v Home Secretary ex parte Gunn: CA 2000

Regina v Hockey: CACD 2007

The court may restrain confiscation proceedings as an abuse of process in circumstances where the Crown had acted contrary to an understanding that, if repayment was made, it would not seek a confiscation order. Citations: [2007] EWCA Crim 1577 Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Cited by: Cited – Berr, Regina … Continue reading Regina v Hockey: CACD 2007

Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004

The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004

Hornsey Local Board v Monarch Investment Building Society: CA 1889

The local authority had incurred expense in paving a street. They were entitled to apportion those expenses amongst the owners of the properties fronting onto that street and summarily to recover from the respective owners the amounts so apportioned. In addition statute provided that such expenses should be charged on the premises in respect of … Continue reading Hornsey Local Board v Monarch Investment Building Society: CA 1889

Johnson v Gore Wood and Co: HL 14 Dec 2000

Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000

Watkins v Home Office and others: HL 29 Mar 2006

The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006

London Borough of Southwark and Another v Transport for London: SC 5 Dec 2018

Question as to the meaning of the GLA Roads and Side Roads (Transfer of Property etc) Order 2000. When the highway was transferred was only the working surfaces, the road surface and the airspace and subsoil necessary for the operation, maintenance and repair of the road , or the full extent of the land; all … Continue reading London Borough of Southwark and Another v Transport for London: SC 5 Dec 2018

Finchley Electric Light Company v Finchley Urban Council: CA 11 Feb 1903

Under s. 149 of the Public Health Act, 1875, which provides for the vesting in the urban authority of the streets within their district, the question how much above and below the surface of the street vests in the urban authority is determined by reference to what is necessary for the user of the street … Continue reading Finchley Electric Light Company v Finchley Urban Council: CA 11 Feb 1903

Tunbridge Wells (Mayor Of) v Baird: HL 4 May 1896

The Public Health Act 1875, which by s. 149 vests certain streets in the urban authority, does not vest the subsoil. Therefore where a local Act authorized the urban authority to erect and maintain ‘in any street or public place, or on land belonging to them or under their control,’ lavatories for the use of … Continue reading Tunbridge Wells (Mayor Of) v Baird: HL 4 May 1896

Secretary of State for Employment v ASLEF (No 2): CA 1972

Railway employees had been instructed by their unions to ‘work to rule’ and more specifically to ban overtime, Sunday and rest day working. ‘Working to rule’ meant giving an unreasonably literal construction to certain requirements of the railway rule book (such as satisfying oneself that the engine is in order) and ignoring others, such as … Continue reading Secretary of State for Employment v ASLEF (No 2): CA 1972

FHR European Ventures Llp and Others v Cedar Capital Partners Llc: SC 16 Jul 2014

Approprietary remedy against Fraudulent Agent The Court was asked whether a bribe or secret commission received by an agent is held by the agent on trust for his principal, or whether the principal merely has a claim for equitable compensation in a sum equal to the value of the bribe or commission. Held: The appeal … Continue reading FHR European Ventures Llp and Others v Cedar Capital Partners Llc: SC 16 Jul 2014

Pickin v British Railways Board: HL 30 Jan 1974

Courts Not to Investigate Parliament’s Actions It was alleged that the respondent had misled Parliament to secure the passing of a private Act. The claimant said that the land taken from him under the Act was no longer required, and that he should be entitled to have it returned. Held: When an enactment is passed … Continue reading Pickin v British Railways Board: HL 30 Jan 1974