Is service of a claim form, a reserved legal activity for the purposes of the Legal Services Act 2007 Citations: [2018] EWCA Civ 2865 Links: Bailii Jurisdiction: England and Wales Legal Professions Updated: 21 January 2023; Ref: scu.632679
Actions to enforce arbitration awards were brought, each in the name of a ship-owning company. At the time of the arbitrations the assets of each company had vested in a trustee in bankruptcy appointed under New York law, but the trustee had persuaded the arbitrators that the companies were the proper claimants and had commenced … Continue reading International Bulk Shipping and Services Ltd v President of India and Another: CA 11 Dec 1995
The knowledge of a solicitor, acting for both the borrower and the lender, of the lay clients intentions as regards the future use of the loan, is not to be imputed to the lender, even though the solicitor acts for both parties, and is the lender’s agent.Morritt LJ discussed section 199: ‘Counsel for the wife … Continue reading Halifax Mortgage Services Ltd (Formerly BNP Mortgages Ltd) v Stepsky and Another: CA 1 Dec 1995
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 Law Society challenged the manner of introduction by the defendant of the proposed Unified Contract for the provision of legal aided services. Judges: Beatson J Citations: [2007] EWHC 1848 (Admin) Links: Bailii Jurisdiction: England and Wales Legal Professions, Legal Aid Updated: 04 December 2022; Ref: scu.259641
The claimant challenged by judicial review the discharge of a legal aid certificate in educational negligence proceedings. Held: A final decision to revoke a legal aid certificate may be challenged by judicial review. Judges: Ouseley J Citations: [2007] EWHC 1786 (Admin) Links: Bailii Statutes: Legal Aid Act 1988 15(2), Civil Legal Aid (General) Regulations 1989 … Continue reading Martin v Legal Services Commission: Admn 27 Jul 2007
An ex parte application was made to quash a decision by the Advertising Standards Authority upholding a complaint that the applicants in that case were in breach of the British Codes of Advertising and Sales Promotion, and an injunction to prevent the respondents from publishing their adjudication. Popplewell J considered the question whether or not … Continue reading Regina v Advertising Standards Authority Limited ex parte Direct Line Financial Services Limited: Admn 8 Aug 1997
The builders had obtained a charging order for the costs awarded to them in extensive litigation, and a third party costs order but without the third party having opportunity to test the bill delivered. They had agreed to sell land to the defendant, but he had required the transfer to be in a different form … Continue reading Nelson v Greening and Sykes (Builders) Ltd: CA 18 Dec 2007
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
Four barristers challenged, by a judicial review, a decision by which the LSB approved an application proposed by the BSB jointly with two other approved regulators, the SRA and IPS, to introduce the Quality Assurance Scheme for Advocates Judges: Sir Brian Leveson P QBD, Bean, Cranston JJ Citations: [2014] EWHC 28 (Admin) Links: Bailii Jurisdiction: … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: Admn 20 Jan 2014
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
The court was asked questions to interpret the terms of interest-bearing notes, which were issued by Eurosail-UK 2007-3BL PLC, a special purpose vehicle formed to hold income-producing assets, consisting of mortgage loans, to be used to meet the liabilities on the Notes, and in particular whether the rspondent had been insolvent when entering into them. … Continue reading BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc and Others: CA 7 Mar 2011
LRA Claimant with legal aid obtains a partial right of way to her property in settlement of a dispute as to her rights of access. Legal Services Commission not entitled to charge over her property under section 10(7) of the Access to Justice Act 1999. Citations: [2007] EWLandRA 2006 – 1672 Links: Bailii Statutes: Access … Continue reading Legal Services Commission v Pugh (Charges and Charging Orders): LRA 21 Dec 2007
Dyson J set out the principles applicable in establishing a pleading of commercial duress: (i) Economic pressure can amount to duress, provided it may be characterised as illegitimate and has constituted a ‘but for’ cause inducing the claimant to enter into the relevant contract or to make a payment. See Mance J in S.L. Huyton … Continue reading DSND Subsea Ltd v Petroleum Geo Services Asa: TCC 28 Jul 2000
The claimant, being in a prolonged dispute with the Authority had requested copies (internal and external) of correspondence and other communications relating to him. The request was resisted on several grounds according to the nature of the documents involved. The issue now was as to the availability of legal professional privilege where the lawyer involved … Continue reading Calland v Information Commissioner and The Financial Services Authority: IT 8 Aug 2008
The parties challenged the refusal and admission to the respective lists of pharmacies allowed to operate in the Todmorden and Freckleton districts. The judge had said that the local PCTs had departed from the appropriate ministerial guidance which emphasised the need for competition. Held: The appeal against the allowance of the entry for the roposed … Continue reading Assura Pharmacy Ltd, Regina (on the Application of) v National Health Service Litigation Authority (Family Health Services Appeal Unit): CA 5 Dec 2008
Underhill J said: ‘where an employee has made a positive choice to operate arrangements which have the effect of depriving the Revenue of payment to which it is entitled, contracts giving effect to those arrangements will be unlawful notwithstanding that the employee may genuinely have believed them to be lawful. The position might be different … Continue reading Daymond v Enterprise South Devon: EAT 6 Jun 2007
Arden LJ considered the principles to be applied when considering whether a party to civil litigation should be allowed to appeal a trial judge’s decision on the basis that a claim, which could have been brought before him but was not, would have succeeded if it had been so brought. She concluded: ‘CPR 52.8 provides … Continue reading Crane (T/A Indigital Satelite Services) v Sky In-Home Ltd and Another: CA 3 Jul 2008
Judges: Lindblom J Citations: [2011] EWHC 2923 (Admin), [2012] 1 WLR 3227 Links: Bailii Statutes: Legal Services Act 2007 14993) Jurisdiction: England and Wales Legal Professions Updated: 17 July 2022; Ref: scu.466306
(Grand Chamber) Principle of judicial protection National legislation not providing for a self-standing action to challenge the compatibility of a national provision with Community law Procedural autonomy Principles of equivalence and effectiveness Interim protection. ‘it is for the national courts to interpret the procedural rules governing actions brought before them, such as the requirement for … Continue reading Unibet (London) Ltd, Unibet (International) Ltd v Justitie-kanslern (Freedom To Provide Services): ECJ 13 Mar 2007
Citations: [2007] EWHC 2466 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Myers v Elman HL 1939 The solicitor had successfully appealed against an order for a contribution to the other party’s legal costs, after his clerk had filed statements in court which he knew to be misleading. The solicitor’s appeal had been … Continue reading Axa Sun Life Services Plc v Cannon and Another: QBD 30 Oct 2007
The appellant company appealed dismissal of their defence to a claim for unfair dismissal that the employment contract was tainted with illegality. The EAT had heard two cases with raised the question of the effect on unfair dismissal claims of illegality. Held: These were not cases in which false representations had been made. That was … Continue reading Enfield Technical Services Ltd v Payne and Another: CA 22 Apr 2008
The claimant appealed against a decision that the conditional fee agreement with her solicitors had been unenforceable because the solicitors had not disclosed to her a conflicting interest in recommending insurers. The issue was whether the CFA was one within Regulation 3A of the 2003 Regulations under which ‘the client is liable to pay his … Continue reading Jones v Wrexham Borough Council: CA 19 Dec 2007
VDT VAT – PLACE OF SUPPLY – the Appellant supplied acting services for the production of a film, Perfect Creature in New Zealand – the Appellant’s acting services related to artistic, cultural and entertainment activities – no requirement that the supplies had to be made before a live audience – the Appellant’s supplies were physically … Continue reading Burrows v Revenue and Customs: VDT 9 Nov 2007
The provisions of article 13, as referred to in article 15(1) of Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector ([2002] OJ L201/37) must be interpreted as ‘expressing the Community legislature’s intention not to exclude from their scope the protection of the right to property … Continue reading Productores de Musica de Espana (Promusicae) v Telefonica de Espana SAU: ECJ 18 Jul 2007
EAT Unfair dismissal – Exclusions including worker/jurisdiction These two appeals consider the circumstances in which contracts will be considered illegal so as to preclude an employee from taking claims for unfair dismissal. In Payne the Employment Tribunal found that there was no illegal contract; in Grace that there was. `The EAT upheld the Payne decision … Continue reading Enfield Technical Services Ltd v Payne; Grace v BF Components Ltd: EAT 25 Jul 2007
The claimants, a firm of accountants, sued their former clients for unpaid fees. The defendant company counterclaimed for professional negligence. The claimant had expended andpound;5.6m in costs. The claimants now sought a non-party costs order against former directors of the company, which had gone into administration. They said that the company’s counterclaim was built on … Continue reading Chantrey Vellacott v The Convergence Group Plc and others: ChD 31 Jul 2007
(Cayman Islands) The plaintiff had been wrongfully dismissed from his post as a public officer. He appealed against a refusal to award him his pay. Held: The dismissal from a public office being unlawful, it was void and ineffective to remove him from office. He remained entitled to his full salary and other benefits.Lord Bingham … Continue reading McLaughlin v Cayman Islands: PC 23 Jul 2007
The plaintiff sought the unsealing of the wills of the late Queen Mother and of the late Princess Margaret, claiming that these would assist him establishing that he was the illegitimate son of the latter. Held: The application was frivolous. None of the evidence presented remotely constituted evidence of what the claimant asserted. Though section … Continue reading Brown v HM Queen Elizabeth, the Queen Mother, the Executors of the Estate of and others: FD 5 Jul 2007
Judgment – Law Relating To Undertakings – Public contracts Directive 89/665/EEC Review procedures concerning the award of public contracts Limitation period Principle of effectivenessArticle 1 of the Directive required member states to take the measures necessary to ensure that: ‘as regards contracts falling within the scope of Directive 2004/18/EC, decisions taken by the contracting authorities … Continue reading Lammerzahl GmbH v Freie Hansestadt Bremen: ECJ 7 Jun 2007
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal. Held: The practice at preparatory hearings has been the subject of dispute. Lord Nichols said: ‘the … Continue reading H, Regina v (Interlocutory application: Disclosure): HL 28 Feb 2007
The claimant was a director of the employer’s company. He claimed that the relationship of trust and confidence with the company had been undermined so far as to be a repudiatory breach of the contract. Before his complaint of unfair dismissal, he wrote without prejudice to the employers offering to stay a full time employee … Continue reading Independent Research Services Ltd v Catterall: EAT 26 Jun 1992
EAT Redundancy – Collective consultation and information. Serota QC J said: ‘In English v Emery Reimbold and Strick Ltd . . the Court of Appeal gave guidance as to the circumstances in which a Judge might be invited to amplify his reasons and findings where these are considered to be insufficient. The EAT has adopted … Continue reading J K Bansi v Alpha Flight Services: EAT 3 Feb 2004
Citations: [2007] EWHC 2868 (Ch) Links: Bailii Jurisdiction: England and Wales Legal Professions, Litigation Practice Updated: 02 June 2022; Ref: scu.261781
NATS had tendered unsuccessfully for a contract to provide air traffic control services at Gatrwick airport, and challenged the award. GAL denied that the Regulations applied and now sought disapplication of the automatic suspension from the award of contracts pending resolution. Held: The automatic suspension under the Regulations should not be lifted. The issue of … Continue reading NATS (Services) Ltd v Gatwick Airport Ltd and Another: TCC 2 Oct 2014
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility. Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if convicted) to pay a financial penalty. In such a case he will enjoy the constitutional safeguards afforded … Continue reading AB v South West Water Services Ltd: CA 1993
A court which was considering ordering a third party, who was not party to the action, to pay costs in an action, should first be satisfied that it is just to do so in all the circumstances. There is no need to establish any exceptional circumstances. There must be a connection between the incurring of … Continue reading Globe Equities Ltd v Globe Legal Services Ltd and others and Other Actions: CA 5 Mar 1999
On the 01 January 2005 the complainant requested, a copy of two reports which were ‘ordered and received: (a) from Dr [name redacted] at the Royal Free Hospital, (b) From Professor [name redacted] /Unigenetics Ltd, at the Coombe Women’s Hospital, Dublin.’ The complainant also asked for additional information relating to the funding by the Legal … Continue reading Legal Services Commission (Decision Notice): ICO 30 Aug 2007
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015
There is no facility to appeal against an interim decision or determination of the Pensions Ombudsman, on a point of law, to the High Court. The appeal is purely statutory, and since no express capacity for such an appeal is provided, none exists. Judges: The Honourable Mr Justice Lightman Citations: Times 07-Dec-1999, Gazette 01-Dec-1999, [1999] … Continue reading Legal and General Assurance Society Ltd v Pensions Ombudsman and Others; Regina v Pensions Ombudsman, ex parte Legal and General Assurance Society Ltd: ChD 3 Nov 1999
MPS had contracted to bring private prosecutions for unlawful reception and display of premier league football matches. It now appealed from a dismissal of the information. Held: The appeal failed. The director laying the information in the name of a private limited company, when acting for reward on behalf of a client in the course … Continue reading Media Protection Services Ltd v Crawford and Another: Admn 16 Aug 2012
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity in the proceedings, saying that the Acts required the UK … Continue reading Aziz v Aziz and others: CA 11 Jul 2007
The claimants sought to challenge the respondent’s decision to introduce the Quality Assurance Scheme for Advocates. Held: Arden LJ and Lord Neuberger of Abbotsbury MR analysed the cases as yielding a ‘manifestly inappropriate’ test. They then applied that test in the different context of a national measure restricting a fundamental freedom.Laws LJ correctly attached importance … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board and Others: CA 7 Oct 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 2 Extradition Article 2-1 Death penalty Extraordinary rendition to CIA of suspected terrorist facing capital charges: violation Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary … Continue reading Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014
The Law Society challenged the new contract proposed for legal aid providers, saying that the Unified Contract reserved too great powers to alter its terms unilaterally, and was in breach of the European Directive on standards for public procurement contracts. Held: The contract was invalid. Where amendments to the tender criteria or to the contract … Continue reading The Law Society, Regina (on the Application of) v Legal Services Commission: CA 29 Nov 2007
The claimant sought damages from her former employers, asserting that workplace bullying and harassment had caused injury to her health. She had had a long term history of depression after being abused as a child, and the evidence was conflicting, but she said that the renewed depression arose after many low level acts of exclusion … Continue reading Helen Green v DB Group Services (UK) Ltd: QBD 1 Aug 2006
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of the orders. Held: The orders should be lifted to the extent compatible with preserving the child’s interests. … Continue reading LM, Re (Reporting Restrictions; Coroner’s Inquest): FD 1 Aug 2007
The complainant requested copies of copies of any legal opinions and other communications held by Her Majesty’s Treasury regarding the compatibility of the Financial Services and Markets Bill with the Human Rights Act. The request was initially refused under sections 35(1)(b) (ministerial communications), 35(3) (refusal to confirm or deny the holding of Law Officers’ advice) … Continue reading HM Treasury (Decision Notice): ICO 22 May 2007
The claimants, practising barristers and members of the Criminal Bar Association sought a declaration that the Quality Assurance Scheme for Advocates approved by the defendant was unlawful. Bean J [2013] EWHC 3289 (Admin) Bailii England and Wales Cited by: See Also – Lumsdon and Others, Regina (on The Application of) v Legal Services Board and … Continue reading Lumsdon and Others v Legal Services Board: Admn 30 Oct 2013
Value added tax – Input tax – Supply of goods and services – Deductibility of items claimed as input tax – Supply of professional legal services – Solicitors instructed Counsel briefed. Taxpayer the subject of company law proceedings – Petition to wind-up the company and for relief under Article 452 of the Companies [Northern Ireland] … Continue reading City of Belfast Warehousing Ltd v Revenue and Customs: VDT 12 Jun 2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause. Held: a dispute whether the contract can be set aside or rescinded for alleged … Continue reading Fiona Trust and Holding Corporation and others v Privalov and others: CA 24 Jan 2007
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
The court asked how to apply the concept in European law of ‘The reasonably well-informed and diligent tenderer’. The pursuer had had a contract for the delivery of healthcare services, but had lost it when it was retendered. Held: When an unsuccessful tenderer for a public contract challenges that award, the issue as to whether … Continue reading Healthcare at Home Ltd v The Common Services Agency: SC 30 Jul 2014
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
The defendant subcontracted some of its work under a building contract to the plaintiff at a price which left him in financial difficulty and there was a risk that the work would not be completed by the plaintiff. The defendant agreed to make additional payments to the plaintiff in return for his promise to carry … Continue reading Williams v Roffey Brothers and Nicholls (Contractors) Ltd: CA 23 Nov 1989
The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
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PROCEDURE – costs – whether the Tribunal has power to order a payment in respect of pro bono costs – s 194, Legal Services Act 2007; s 29, Tribunals, courts and Enforcement Act 2007 – held: no such power in the Tribunal – application refused . .
‘ whether to exercise the statutory power conferred on me by Schedule 3 ss1(2)(b) to the Legal Services Act 2007, to allow Michael Shrimpton rights of audience in these habeas corpus proceedings. ‘ Judges: Mr Justice Fordham Citations: [2022] EWHC 2684 (Admin) Links: Bailii Jurisdiction: England and Wales Legal Professions Updated: 28 October 2022; Ref: … Continue reading Malik v Governor of HM Prison Hindley (No 2): Admn 24 Oct 2022
The Law Society said that the 2007 Act would involve the transfer of it employees working within the Legal Complaints Service to the new office for Legal Complaints and that the TUPE regulations would apply. Judges: Akenhead J Citations: [2010] EWHC 352 (QB), [2010] IRLR 407 Links: Bailii Statutes: Legal Services Act 2007, Transfer of … Continue reading Law Society of England and Wales v Secretary of State for Justice and Another: QBD 26 Feb 2010
Judges: Sharp J Citations: [2012] EWHC 2843 (QB) Links: Bailii Statutes: Legal Services Act 2007 28(3) Jurisdiction: England and Wales Legal Professions, Human Rights Updated: 21 June 2022; Ref: scu.465476
LANDLORD AND TENANT – FTT PROCEDURE – whether applicant entitled to appoint a lay representative to conduct tribunal proceedings on its behalf – whether ‘conduct of litigation’ before the FTT a reserved legal activity – whether lay representative an exempt person – s.22, Tribunals, Courts and Enforcement Act 2007 – ss. 13, 14, 18 Legal … Continue reading Buttercup Buildings Ltd v Avon Estates (London) Ltd and Others: UTLC 10 Dec 2020
Claim for judicial review of a decision made by the Lord Chancellor refusing to make orders designating the claimant as an approved regulator and licensing authority under the Legal Services Act 2007 in relation to five specified legal activities. Citations: [2019] EWHC 461 (Admin) Links: Bailii Statutes: Legal Services Act 2007 Jurisdiction: England and Wales … Continue reading The Institute of Chartered Accountants In England and Wales, Regina (on The Application of) v The Lord Chancellor and Secretary of State for Justice: Admn 5 Mar 2019
The court was asked whether disciplinary proceedings against a number of barristers were invalid on the ground that some of the individuals who heard those proceedings or appeals therefrom were disqualified from sitting. Held: The appeals failed. ‘ The architects of the new scheme in 2006 were creating a pool of barristers, lay representatives and … Continue reading Mehey and Others, Regina (on The Application of) v Visitors To The Inns of Court and Others: CA 16 Dec 2014
There is a presumption against adding terms to a contract. The presumption is stronger where the contract is in writing and represents an apparently complete bargain between the parties. Sir Thomas Bingham MR set out Lord Simon’s formulation, and described it as a summary which distilled ‘the essence of much learning on implied terms’ but … Continue reading Philips Electronique v British Sky Broadcasting Ltd: CA 1995
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 court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
The solicitors appealed against the assessment of their costs. The judge had found that they had estimated their costs and applied a 15% margin of error. Held: the judge should have given reasons for his judgment to allow the parties to assess the prospects of an appeal. There had been unusual developments, but the estimates … Continue reading Reynolds v Stone Rowe Brewer (A Firm): QBD 18 Mar 2008
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
An injunction was not granted to restrain the publication of a decision of the ASA pending the result of a challenge by way of Judicial Review. There is a general principle in our law that the expression of opinion and the conveyance of information will not be restrained by the courts save on pressing grounds. … Continue reading Regina v Advertising Standards Authority Ltd Ex Parte Vernons Organisation Ltd: QBD 9 Dec 1992
This appeal is about an elaborate scheme designed and marketed by KPMG relating to demonstrator cars used by retail distributors for test drives and other internal purposes. In the ordinary course, a car distributor will buy new cars for use as demonstrators, paying VAT on the full amount of the sale price. This will in … Continue reading Revenue and Customs v Pendragon Plc and Others: SC 10 Jun 2015
The taxpayer, a well known film actor, agreed to work through a company for three years being paid andpound;50 per week. The shares were transferred to his wife and accountant. His father in law set up a andpound;100 settlement for the benefit of his children of which his wife and accountant were the trustees. The … Continue reading Crossland v Hawkins: CA 1961
The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality. Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017
The question was whether the status of a natural stream could be changed to that of a sewer by the unlawful discharge for a long period of sewage into the stream. The claimant asserted that a right by way of an easement could be acquired despite the fact that that act involved continued polluting of … Continue reading George Legge and Son Ltd v Wenlock Corporation: HL 1938
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. Held: (Smith LJ dissenting) The defendants appeals succeeded. The claimants had three possible claims, none of which on their own would amount to … Continue reading Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006
VAT – Default Surcharges – Section 59(7) and 71 VAT Act 1994 – INCOME TAX — late filing and late payment penalties – paragraphs 23 and 16 of Schedules 55 and 56 to the Finance Act 2009 – forty-one penalties between 2007 and 2017 – issue: reasonable excuse – CEC v Steptoe, Perrin v HMRC … Continue reading Robin St John Sellers v Revenue and Customs (VAT – Default Surcharges): FTTTx 26 Jan 2021
ECHR Article 9-1 Manifest religion or belief Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible with their religious beliefs: violation; no violations Article 14 Discrimination Disciplinary measures against employees for wearing religious symbols (cross) at work or refusing to perform duties they considered incompatible … Continue reading Eweida And Others v The United Kingdom: ECHR 15 Jan 2013
The claimant sought to set aside an arbitration saying that the arbitrator had misapplied the test for economic duress. Judges: Cooke HHJ Citations: [2012] EWHC 273 (Comm) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria ComC 7-Oct-2010 The courts do not approach … Continue reading Progress Bulk Carriers Ltd v Tube City IMS Llc: ComC 17 Feb 2012
The court considered a covenant said to be in restraint of trade. The employee was a 25 year old computer programmer who had worked entirely upon a computerised booking system for the travel industry. Held: The employer had failed to identify just which parts of the substantial software range was confidential. The court set out … Continue reading FSS Travel and Leisure Systems Limited v Johnson and Chauntry Corporation Limited: CA 19 Nov 1997
The plaintiff employed the defendant barrister to pursue her claim for ancillary relief in divorce. She sought to recover damages for his alleged negligence. Held: A barrister’s immunity from suit for negligence in advocacy extends to settlements made under court approval and once there has been any intervention of the court.Butler-Sloss LJ said: ‘Although it … Continue reading Kelley v Corston: CA 20 Aug 1997
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009
A notice to repair had been served by the landlord on the tenant. The tenant wrote offering to buy the premises and proposed deferring the commencement of repairs until the landlord responded. The landlord replied by letter asking the price. It was held that those letters had the effect of suspending the notice. The tenant’s … Continue reading Hughes v Metropolitan Railway Co: HL 1877
Promissory Estoppel Created The plaintiff leased a block a flats to the defendant in 1939, at an annual rental of pounds 2500. High Trees had difficulty in filling the flats because of the war, and the parties agreed in writing in 1940 to reduce the rental to a half. No time period for the reduction … Continue reading Central London Property Trust Ltd v High Trees House Ltd: KBD 18 Jul 1946
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by keeping secret that he himself was a pervert, unfit to have any child in his care. … Continue reading Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993
EAT JURISDICTIONAL POINTS – Fraud and illegalityContract of employment – illegality in performance.An employee who knows that his assertion to be self employed is unsustainable and yet claims to the Revenue to be self employed misrepresents his own understanding of the position and acts in bad faith; it is contrary to public policy to lend … Continue reading Connolly v Whitestone Solicitors: EAT 24 Jun 2011
The court was asked whether the respondents, a firm of solicitors and a barrister, are in respect of acting on behalf of Aaron Phillips in certain criminal proceedings entitled to fees payable under the Litigators’ Graduated Fee Scheme (GFS) or under the Very High Costs Cases (VHCC) scheme. The issue involves a point of interpretation … Continue reading The Lord Chancellor v Alexander Johnson and Co Solicitors and Another: QBD 29 Jul 2011
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
A contract of guarantee was made, but based upon a term of fundamental importance which was mistaken as to the existence of certain machines. Held: The court must first look to the nature of the purported agreement. Steyn J said: ‘Logically, before one can turn to the rules as to mistake, whether at common law … Continue reading Associated Japanese Bank (International) Ltd v Credit du Nord SA: 1988
The Claimant applied for judicial review of the decision of Winchester City Council to authorise variations to a contract with a developer to build a new mixed retail, residential and transport centre in the heart of Winchester city centre. As a councillor, he sought to challenge the decision to authorise variations of a contract between … Continue reading Gottlieb, Regina (on The Application of) v Winchester City Council: Admn 11 Feb 2015
A state-owned ship that was used for public purposes could not be made the subject of proceedings in rem. Lord Atkin described the absolute immunity of a sovereign of a foreign state within this jurisdiction: ‘The foundation for the application to set aside the writ and arrest of the ship is to be found in … Continue reading Compania Naviera Vascongado v Steamship “Cristina”: HL 1938
A reinsurance contract which contained a clause which provided that no settlement or compromise of a claim could be made or liability admitted by the insured without the prior approval of the reinsurers. The court considered how the discretion to approve a settlement must be exercised. Held: What was proscribed in all of them was … Continue reading Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd: CA 3 Jul 2001
The claimant had been found to have been unfailry dismissed by respondent, on the termination of her employment as an assistant Clerk to the Justices. The EAT had upheld her claim, but had at first rejected her claim for long-term and retirement compensation under the 1978 Regulations. On remittal of the case, they had found … Continue reading Secretary of State for Justice v Slee: CA 24 Jan 2011
Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples. Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed … Continue reading Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014