The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
The lender took a charge over a property held by a company which subsequently became void because it was not registered within the required period at Companies House. Held: A voidable charge is a valid charge unless and until set aside: ‘[W]here A’s money is used to pay off the claim of B, who is … Continue reading Burston Finance Ltd v Spierway Ltd: ChD 1974
Courts should be careful before allowing unqualified persons to represent other parties at court. Pleadings and similar documents must be signed by the party or their qualified legal representative. Others signing them may be in contempt of court and committing criminal offences. A McKenzie friend had no right to act as such, only the right … Continue reading Noueiri v Paragon Finance Plc (Practice Note): CA 19 Sep 2001
The court considered the duties of the respondent in administering the Compensation Fund: ‘It seems clear from the current legislation that the history of the fund and the mode of operating it that the solicitors’ profession was never intended or required to assume an open ended liability to meet any unsatisfied loss sustained by any … Continue reading Regina v Law Society ex parte Mortgage Express Limited; Regina v Law Society ex parte Alliance and Leicester Building Society: CA 17 Dec 1996
The parties disputed the effect of a clause aggregating claims for the purposes of limiting an insurer’s liability under professional negligence insurance. Held: the claims of each group of investors arise from acts or omissions in a series of related transactions. The transactions fitted together in that they shared the common underlying objective of the … Continue reading AIG Europe Ltd v Woodman and Others: SC 22 Mar 2017
Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the company, but Saudi law would not recognise such trusts. The shares had been … Continue reading Akers and Others v Samba Financial Group: SC 1 Feb 2017
Appeal against the decision of a Law Society Appeal Adjudicator, upholding a decision of first instance Adjudicator, that, among other matters, Mr Farrelly is not of suitable character to become a solicitor and that his student membership be revoked. He was said to have falsified his curriculum vitae. Judges: Lord Phillips MR Citations: [2001] EWCA … Continue reading Farrelly, Re Solicitor’s Act 1974, No 14 of 2001: CA 7 Nov 2001
The trainee appealed against the decision of the Law Society to cancel his student membership on the basis that he was not a fit and proper person to become a solicitor. He had been convicted of criminal damage, but had not notified the Law Society of that conviction. He was convicted of further offences and … Continue reading Onwuka, Re Solicitors Act 1974 No 3 of 2002: CA 2 Jul 2002
The defendant had been accused of conspiracy to produce pirate copies of films obtained by purchasing copies from cinema owners without the knowledge or consent of the copyright owners. Held: To establish a conspiracy to defraud, it was not necessary to prove a deceit by the defendant of the person who would end up being … Continue reading Scott v Metropolitan Police Commissioner; Regina v Scott: HL 20 Nov 1974
Preliminary Questions – The Brussels Tribunal de premiere instance referred a questions in proceedings relating to the enforceability of contracts between an authors’ royalties collecting society and its members who had assigned their copyrights to the society. It was said that the contracts imposed unfair trading conditions contrary to Article 86. A preliminary point arose … Continue reading Belgische Radio En Televisie v Sv Sabam And Nv Fonior: ECJ 30 Jan 1974
The claimant solicitor sought a judicial review, on the grounds of procedural unfairness, of the decisions of the respondent in upholding complaints against him. The procedure involved several stages, an investigatory stage, an adjudication, an appeal, and a further appeal to the Tribunal. The solicitor complained that the adjudicator had failed to follow up certain … Continue reading White v Office for the Supervision of Solicitors and others: Admn 17 Dec 2001
An application for payment of a successful party’s costs out of the Legal Aid Fund should normally be made at the end of a trial, but it might well be made later when it proved impossible to recover costs against other parties to the action. In this case the delay did prevent it being just … Continue reading In the Matter of an Application for Costs Against Legal Aid Board; Lancashire Fires Ltd v S A Lyons and Co Ltd and Others (No 2): CA 23 Jul 1999
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002
Aspect had claimed the return of funds paid by it to the appellant Higgins under an adjudication award in a construction contract disute. The claimant had been asked to prpare asbestos surveys and reports on maisonettes which Higgins was to acquire and redevlop. Higgins now appealed againt a decision overturning a high court judgment in … Continue reading Aspect Contracts (Asbetos) Ltd v Higgins Construction Plc: SC 17 Jun 2015
The court considered the management of the statutory Solicitors Compensation Fund: ‘Given, however, what I have already said about the statutory purpose of the compensation fund, it seems to me that it is appropriate to say that the clearest case in which a grant will be made, pursuant to an application for compensation, will be … Continue reading Regina v Law Society, ex parte Matthews: 17 Mar 1994
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose from risks which it was no part of … Continue reading BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel): SC 22 Mar 2017
The plaintiff, Major Adam MP, falsely attacked General Scobell in a speech in the House of Commons, thus bringing his charge into the national arena. The Army Council investigated the charge, rejected it and directed their secretary, Sir E Ward, the defendant, to write a letter to General Scobell, which was released to the press, … Continue reading Adam v Ward: HL 1917
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The plaintiff’s husband was killed in a road accident caused by the defendant’s negligence. They were childless. She had deserted him five weeks before his death and thereafter, he learned about her adultery with a fellow employee. He tried to effect reconciliation with her but she refused. Shortly before his death, he had instructed his … Continue reading Davies v Taylor: HL 1974
The court considered the requirement that a proposed beneficiary must establish some positive act on the part of the person creating the trust for that person to be bound by the trust asserted. Megarry J said: ‘(1) If a transaction fails to make any effective disposition of any interest it does nothing. This is so … Continue reading Re Vandervell’s Trusts (No 2): ChD 17 Jul 1973
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
Adopted grandchildren entitled to succession The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will. Held: The claim succeeded. The defendants, the other beneficiaries were not entitled to inherit the part of their father’s estate that derived from … Continue reading Hand and Another v George: ChD 17 Mar 2017
EC has sole jurisdiction over old cartels Several claimants alleged that the defendant airway had been part of a cartel which had overcharged for freight services. The court now heard arguments about whether it had jurisdition to deal with claims which preceded the measures which had brought into force the EU competition rules. The cartel … Continue reading Emerald Supplies Ltd and Others v British Airways Plc: ChD 4 Oct 2017
The plaintiff complained of an alleged slander spoken at a meeting of the Town Council. The council meeting was an occasion attracting qualified privilege. The judge at trial found that the councillor honestly believed that what he had said in the meeting was true but he had become so anxious to have the other councillor … Continue reading Horrocks v Lowe: HL 1974
This appeal raises a question about the interpretation of article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (‘the Athens Convention’) and its application to the Scots law of limitation of . .
Lord Denning MR described the modern practice concerning pleadings: ‘It is sufficient for the pleader to state the material facts. He need not state the legal result. If, for convenience, he does so, he is not bound by, or limited to, what he has . .
The court considered the propriety of a payment made by a charitable company to a director for her loss of office. The charity was to transfer a substantial sum to a new charity headed by the departing director.
Held: The court approved the . .
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
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When considering the resources of a legally aided person against whom a costs order is to be made, the fact that a spouse’s assets are included when calculating eligibility for legal aid does not mean that they should be included for this purpose also. Citations: Times 04-Jan-1999 Statutes: Legal Aid Act 1974 17 Jurisdiction: England … Continue reading Waterford Wedgewood plc and an v David Nagli Ltd (in liquidation) et al: ChD 4 Jan 1999
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The claimants resisted an order to pay the VAT element awarded on the defendant’s legal costs. The revenue had been unable to state clearly whether the defendant would be able to recover VAT, in which case it would not be payable, or the reverse. It had at the same time become clear that costs had … Continue reading Miskin, Miskin v St John Vaughan: SCCO 18 Sep 2002
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
There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs Dalziel made oral complaints to the officer who attended upon them. He later returned and Mr … Continue reading Buckley v Dalziel: QBD 3 May 2007
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994
The deceased had come to live in the UK and obtain citizenship under somebody else’s identity. After his death his wife and children sought clearance to come to live here. Held: Her appeal failed. The residence of her late husband was unlawful, there never was a grant of citizenship to him, and therefore did not … Continue reading Bibi and others v Entry Clearance Officer, Dhaka: CA 18 Jul 2007
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was ambiguous. No order for damages could be made, however where it was … Continue reading Rogers and Another v Freeguard and Another: CA 19 Oct 1998
The tenants of a unit on a large shopping centre found the business losing money, and closed it in contravention of a ‘keep open’ clause in the lease. They now appealed from a mandatory injunction requiring them to keep the store open. Held: Specific performance is an exceptional remedy, as opposed to the common law … Continue reading Co-Operative Insurance Society Ltd v Argyll Stores: HL 21 May 1997
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal. Held: The Court of Appeal should reach its own view based on the unadorned words … Continue reading Regina v Pendleton: HL 13 Dec 2001
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997
The claimants had sponsored tennis players to wear their logo. The respondents organised tennis tournaments whose intended rules would prevent the display of the claimant’s logos. The claimants said that the restriction interfered with their rights to trade within Europe. Held: The rules were potentially a breach of the claimants rights to trade, and an … Continue reading Adidas-Salomon Ag v Drape and others: ChD 7 Jun 2006
Lewison LJ said: ‘Appellate courts have been repeatedly warned, by recent cases at the highest level, not to interfere with findings of fact by trial judges, unless compelled to do so. This applies not only to findings of primary fact, but also to the evaluation of those facts and to inferences to be drawn from … Continue reading Fage UK Ltd and Another v Chobani UK Ltd and Another: CA 28 Jan 2014
The claimant advanced funds to the respondent for him to invest in a bank of which the claimant had insider knowledge. In fact the defendant did not invest the funds, the knowledge was incorrect. The defendant however did not return the sums advanced, saying he need not return it because the contract was for an … Continue reading Patel v Mirza: SC 20 Jul 2016
The landlord granted the tenant a licence to make alterations to the property, but imposed conditions on the use to be made of the resulting premises. The tenant objected. Held: The landlord was entitled when granting consent to take into account possible adverse effects on his own business interests and was therefore able to impose … Continue reading Sargeant, and Sargeant v Macepark (Whittlebury) Limited: ChD 8 Jun 2004
The claimant brought defamation proceedings after she had found and returned a valuable necklace belonging to the first respondent. The claim had been dismissed as an abuse of process. Held: The claimant’s appeal failed: ‘there is such a formidable range of problems with the appellant’s claims that the judge was cumulatively correct to strike them … Continue reading Khader v Aziz and Others: CA 23 Jun 2010
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not proceed to claim against the discharged bankrupts, but now sought recovery from their insurers. Held: … Continue reading Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
The ship owners wrongfully repudiated a charterparty in March 1973, 14 months after its inception. The charterers did not hire a substitute but claimed damages for the loss of profits they would have made between January and April 1974, during which period there was a substantial rise in market rates. Held: The standard measure in … Continue reading Koch Marine Inc v D’Amica Societa Di Navigazione ARL (The Elena d’Amico): QBD 1980
The applicants were detained at Rampton. The form of detention denied the access to space in which they would be able to smoke cigarettes to comply with the law. Held: The claim failed. The legislative objectives were sufficiently serious to support as rational the imposition of the rules. Having a mental illness is not a … Continue reading G, Regina (on the Application of) v Nottinghamshire Healthcare NHS Trust: Admn 20 May 2008
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first instance and at the court of appeal. Held: The appeal was allowed.Lord … Continue reading Mohamud v WM Morrison Supermarkets plc: SC 2 Mar 2016
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The claimant’s appeal succeeded at the Court of Appeal. Held: The Minister’s appeal failed. … Continue reading Cox v Ministry of Justice: SC 2 Mar 2016
Need to Show Damage Increased by 2013 Act The claimant alleged defamation by three publishers. The articles were held to have defamatory meaning, but the papers argued that the defamations did not reach the threshold of seriousness in section 1(1) of the 2013 Act. Held: The appeal succeeded. Section 1 of the 2013 Act not … Continue reading Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019
Judges: Sir Andrew Morritt Ch, Smith, Aikens LJJ Citations: [2009] EWCA Civ 156 Links: Bailii Statutes: Solicitors Act 1974 22 Jurisdiction: England and Wales Citing: Approved – City Alliance Ltd v Oxford Forecasting Services Ltd CA 16-Nov-2000 The parties disputed the construction of a clause in the contract between them. Held: Chadwick LJ said: ‘It … Continue reading Lediaev v Vallen: CA 5 Mar 2009
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 was asked whether an agreement by the defendant solicitors under a personal injury litigation funding scheme, to discharge a client’s ‘remaining liability’ under a loan agreement applies on its true construction where the loan agreement is unenforceable by virtue of the Consumer Credit Act 1974. Held: In the context of the panel solicitor’s … Continue reading Conister Trust Ltd v John Hardman and Co: CA 21 Jul 2008
An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid. Held: The court should not rely on evidence given by the Ombudsman to a parliamentary select committee committee: ‘to allow the evidence of a witness to … Continue reading Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 21 Feb 2007
The claimant gypsies had bought and moved onto land in Norfolk and stayed there in breach of planning enforcement notices. The inspector upheld the notices, but advised the Council of the difficulties in finding sites and had stayed enforcement for a year. The claimants now said that it was unlawful of the council to use … Continue reading Lisa Smith, Regina (on the Application of) v South Norfolk Council: Admn 10 Nov 2006
The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had … Continue reading L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006
The claimant had been dismissed shortly after becoming unable to work. She sought payment of her normal salary during the period of notice saying this was established good practice. Held: ‘We are put in the invidious position of being bound by a Court of Appeal decision which seems to the majority to conflict with a … Continue reading Langley and Another v Burso: EAT 3 Mar 2006
The solicitor appealed being struck off. He had given a character reference in circumstances where he did not have justification for the assessment. Held: ‘The appellant knew that Barclays Bank trusted him to provide a truthful reference. Instead, it received a fiction, on which it acted, which had no basis in fact. ‘ and ‘Neither … Continue reading Baxendale-Walker v The Law Society: Admn 30 Mar 2006
The taxpayer had been represented in proceedings throughout by tax law experts, Tenon Media, who were not legally admitted, but had a right to conduct litigation under the 1990 Act. The Inspector objected to paying costs as if the representatives were admitted. Held: Someone acting through the licensed access schemes was not a litigant in … Continue reading Andre Agassi v S Robinson (H M Inspector of Taxes) (No 2): CA 2 Dec 2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
The appellant challenged intervention proceedings brought against his solicitors practice by the respondent. Following disciplinary proceedings, the Society had obtained summary judgment rejecting the application, and awarding costs. The solicitor said that whilst an appeal was outstanding in the disciplinary proceedings, it was wrong to grant summary judgment. Held: A successful appeal need not mean … Continue reading Simms and others v The Law Society: CA 12 Jul 2005
The claimant challenged the intervention by the Law Society in her solicitors practice. Held: Though there were some breaches of the solicitors’ accounts rules there was insufficient basis for the Society to have behaved in the way it had and the intervention was withdrawn. The judge expressed unhappiness that the consequences of the intervention were … Continue reading Sheikh v The Law Society: ChD 1 Jul 2005
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation. Held: The court should start by asking what gave rise to the act complained of. In this case it was the sexual orientation of the first claimant. Discrimination for sexual orientation does not come … Continue reading MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School: HL 19 Jun 2003
Peer sought declarations that they were the owners, or licensees, of the UK copyright in musical works composed by Cuban nationals, relying on assignments in writing by the composers and in some instances by their heirs. The defendants claimed under other titles. In Cuba laws had been passed to to recover copyrights assigned abroad. Held: … Continue reading Peer International Corporation Southern Music Publishing Company Inc Peermusic (UK) Limited v Termidor Music Publishers Limited Termidor Musikverlag Gmbh and Co Kg -And-Editoria Musical De Cuba: CA 30 Jul 2003
(New Zealand) (Attorney General of New Zealand intervening) The defendant MP had made a statement in Parliament which attracted parliamentary privilege. In a subsequent newspaper interview, he said ‘he did not resile from his claim’. He defended the action for defamation claiming the privilege. Held: The original statement had privilege but the repetition outside parliament … Continue reading Jennings v Buchanan: PC 14 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 was a social work student. He attended a work experience placement, and challenged the report given by the defendants on that placement, saying it was discriminatory and defamatory. He appealed a strike out of his claim. Held: The occasion was one of qualified privilege. The claimant had to establish malice to defeat that … Continue reading Meade v Pugh and Another: QBD 5 Mar 2004
The defendant challenged the claimant’s right to possession under a legal charge. She appealed a finding that she had not established the undue influence of her husband, a solicitor. Held: A lender who received a voidable security was entitled to invoke the right of subrogation in the same way, and to the same extent, as … Continue reading UCB Group Ltd v Hedworth: CA 4 Dec 2003
The claimant had made complaints against the defendant solicitor to the Office for the Supervision of Solicitors. In answer the defendant made assertions about the claimant’s mental health, and she now sought to bring action iin defamation on those statements. The defendant said the statements were protected by absolute privilege. Held: Given the status and … Continue reading Gray v Avadis: QBD 30 Jul 2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription. Held: The use of a right of way over a common by vehicles … Continue reading Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003
Some twenty years after the events, the claimant still sought compensation following the alleged negligence of his former solicitor. He now sought it from the Law Society’s compensation fund. The Law Society said the nature of his claim was outside the provisions for the compensation fund, since it was not a matter arising from dishonesty … Continue reading Regina v Law Society ex parte Birkett: Admn 30 Jul 1999
Europa The wording of the second subparagraph of article 40(3) of the Treaty does not refer in clear terms to the relationship between different industrial or trade sectors in the sphere of processed agricultural products . This does not alter the fact that the prohibition of discrimination laid down in the aforesaid provision is merely … Continue reading Ruckdeschel and Others v Hauptzollamt Hamburg-St Annen: ECJ 19 Oct 1977
The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge. Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of an equitable mortgage by deposit of deeds had been … Continue reading United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996
There should be no legal aid for a company’s nominee to bring what were, in effect, company proceedings. Parliament had deliberately excluded such assistance, and it should not be circumvented by the company assigning its rights in action to a nominee. Citations: Ind Summary 22-Feb-1993 Statutes: Legal Aid Act 1974 Jurisdiction: England and Wales Legal … Continue reading Advanced Technology Structures Ltd v Cray Technology Ltd: CA 22 Feb 1993
The court considered the application of rules relating to the discovery of documents to material held on computer: ‘the database of a computer, so far as it contained information capable of being retrieved and converted into readable form, and whether stored in the computer itself or in back-up files, was a document’ and ‘. . … Continue reading Derby and Co Ltd And Others v Weldon And Others (No 9): ChD 25 Jul 1990
The defendant sought legal aid to defend an action to abate a statutory nuisance under the 1936 Act. Held: Such an action was criminal in nature. The action had been brought under section 99, but the imposition of a penalty under s94 was a criminal sentence. ‘On analysis, the position seem to be that proceedings … Continue reading Regina v Inner London Crown Court ex parte Bentham: QBD 1989
The employee was a whistleblower, but her manager in response bullied her and dismissed her on the grounds of alleged poor performance. J suffered stress and was away from work and unable to defend herself. The decision maker, acting honestly dismissed her. The Court of Appeal allowed the appeal holding that that a tribunal required … Continue reading Royal Mail Group Ltd v Jhuti: SC 27 Nov 2019
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The Society had intervened in the applicant’s legal practice. He complained that the intervention was disproportionate, and by removing his right to enjoyment of his possession, infringed his human rights. The Society appealed the finding that an infringement had occurred. Held: The jurisdiction granted by the Act was a draconian jurisdiction. That was necessary for … Continue reading Holder v Law Society: CA 24 Jan 2003
The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005
The subject matter of statutes is so varied that generalised maxims are not a reliable guide. An arbitrator can dismiss a claim for inordinate and inexcusable delay, even where this had arisen before the Act which created the power.Lord Mustill said: ‘Precisely how the single question of fairness will be answered in respect of a … Continue reading L’Office Cherifien Des Phosphates and Another v Yamashita-Shinnihon Steamship Co Ltd: HL 19 Jan 1994
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
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 claimant company sought a final injunction to prevent others occupying its land in Leeds. It was a quia timet injunction anticipating future acts of occupation by caravans, fly-tipping and use of the land for illegal raves. Held: The injunction was granted.Marcus Smith J extracted the following propositions: (1) A distinction is drawn between final … Continue reading Vastint Leeds Bv v Persons Unknown: ChD 24 Sep 2018
The company appealed from rejection of its contention that its former employee should be restrained from employment by a competitor under a clause in her former employment contract. The court particularly considered the severability of a section requiring the former employee to take no interest in a competing company. Held: The court should set aside … Continue reading Tillman v Egon Zehnder Ltd: SC 3 Jul 2019
The claimant alleged defamation and malicious falsehood in an article published and written by the defendants. She complained that she was said to have fabricated an interview with the second defendant for her book. An interview of sorts had now been accepted to have taken place. Held: To be counted as defamatory an allegation must … Continue reading Thornton v Telegraph Media Group Ltd: QBD 26 Jul 2011
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
The claimant instructed solicitors in injunction proceedings which they conducted negligently. The solicitors had put the case in the hands of an incompetent junior clerk. She sued acting in person, and succeeded but now appealed the only limited form of damages awarded. Held: She was entitled to repayment of the legal costs paid by her … Continue reading Heywood v Wellers: CA 1976
An horrific rape had taken place. The defendant was arrested on a separate matter, tried and acquitted. He was tried under a false ID. His DNA sample should have been destroyed but wasn’t. Had his identity been known, his DNA could have been kept because of other convictions. He was arrested for the rape after … Continue reading Attorney General’s Reference No. 3 of 1999: HL 14 Dec 2000