Appeal from a decision of the Transport Tribunal Citations: [2003] EWCA Civ 599 Links: Bailii Statutes: Goods and Vehicles (Licensing of Operators) Act 1995 37 Jurisdiction: England and Wales Transport Updated: 20 August 2022; Ref: scu.181307
The CPS sought to enforce a confiscation order made by the Crown Court in proceedings against the claimant’s husband. She successfully established that she had been beneficially entitled to a one-half interest in the matrimonial home, and was therefore entitled to half of the proceeds of its sale. She now appealed against refusal of her … Continue reading Grimes v Crown Prosecution Service: CA 27 Nov 2003
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The court was asked as to the approach which should be taken by a Magistrates Court hearing an appeal from a decision under the 2003 Act. Held: Before a Magistrates’ Court can interfere with the Sub-Committee’s decision, it must be satisfied that the decision of the licensing authority was wrong.Toulson LJ said: ‘It is right … Continue reading Hope and Glory Public House Ltd, Regina (on The Application of) v City of Westminster Magistrates Court and Others: CA 26 Jan 2011
The council appealed an award of costs against it. The respondent had appealed against a refusal by the council to vary a premises licence for a public house with partial success, and the magistrates had awarded the respondent half its costs. Held: The appellant had not acted unlawfully, but had acted conscientously and properly. The … Continue reading Cambridge City Council v Alex Nestling Ltd: QBD 17 May 2006
An English court does not have to refuse an application which sought to apply a foreign copyright law in a claim based on acts committed abroad on the basis that not actionable here. Such restrictions applicable to land actions only: ‘It is, we think, clear from an analysis of the judgments in the Mocambique case … Continue reading Pearce v Ove Arup Partnership Ltd and others: CA 21 Jan 1999
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The boat owners sued the Home Office alleging negligence by the prison officers. Held: Any duty of a borstal officer to use reasonable care to prevent a borstal trainee from escaping from his custody, was … Continue reading Dorset Yacht Co Ltd v Home Office: HL 6 May 1970
Cere Needed Releasing Future Claims A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead to a claim were unknown to either party, and such losses … Continue reading Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index