A claim was made to recover monies due under a contract where the plaintiff had failed to realise that the balance was due to her, and by that mistake the action was concealed from her. Held: Pearson J said: ‘But that is not sufficient. Probably provision (c) applies only where the mistake is an essential … Continue reading Phillips-Higgins v Harper: QBD 1954
(High Court of Australia) Contract – Deed of release – Recitals – Limitation – Claims not in contemplation unaffected – Equitable considerations affecting release – General words.Dixon CJ said: ‘No doubt it is possible a priori that the release was framed in general terms in the hope of blotting out, so to speak, all conceivable … Continue reading Grant v John Grant and Sons Pty Ltd: 1 Jun 1954
A joint tortfeasor could escape liability in contribution proceedings if it had been unsuccessfully sued by the injured person in an action brought outside the relevant limitation period. Where a court has to decide between two competing cases, if the arguments are fairly evenly balanced that interpretation should be chosen which involves the least alteration … Continue reading Wimpey (George) Co Ltd v British Overseas Airways Corporation: HL 1954
The court considered the possibility of a claim in breach of contract for damages for both capital loss and loss of profit. Lord Evershed MR said: ‘It seems to me, as a matter of principle, that the full claim of damages in the form in which it is pleaded was not sustainable, in so far … Continue reading Cullinane v British “Rema” Manufacturing Co Ltd: CA 1954
References:  1 QB 292 Coram: Lord Evershed MR, Jenkins LJ The court considered the possibility of a claim in breach of contract for damages for both capital loss and loss of profit. Lord Evershed MR said: ‘It seems to me, as a matter of principle, that the full claim of damages in the form … Continue reading Cullinane v British ‘Rema’ Manufacturing Co Ltd: CA 1954
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D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, and whether his parents could give consent for it. Held: (LL Carnwath and Lloyd-Jones … Continue reading In re D (A Child): SC 26 Sep 2019
A father has a legal right to control and direct the education and bringing up of his children until they attain the age of twenty-one years, even although they are wards of Court, and the Court will not interfere with him in the exercise of his paternal authority, except (1) where by his gross moral … Continue reading In re Agar-Ellis (No 2): CA 24 Jul 1883
The issue was the meaning of ‘in the custody of a parent’ in the Limitation Act 1954. Held: A 15-year-old living away from home and working as an agricultural trainee was not in the custody of a parent for this purpose. ‘Custody’ in the Limitation Act meant the actual exercise of powers of control. The … Continue reading Hewer v Bryant: CA 1969
Citations:  EWHC 641 (Comm) Links: Bailii Statutes: Merchant Shipping Act 1995 Jurisdiction: England and Wales Cited by: Appeal from – CMA CGM Sa v Classica Shipping Co Ltd ‘The CMA Djakarta’ CA 12-Feb-2004 The charterers were held liable to the shippers for the cost of repairing the vessel when containers containing bleach exploded. The … Continue reading CNA CGM S A v Classica Shipping Company Ltd: ComC 27 Mar 2003
The court considered a claim for contribution between tortfeasors. Donaldson LJ said: ‘The starting point of this submission is that a cause of action for contribution, under the Law Reform (Married Women and Tortfeasors) Act 1935, arises at the earliest when the claimant tortfeasor has been held liable, or has admitted liability to the plaintiff, … Continue reading Ronex Properties v. John Laing Construction Ltd: CA 1983
The claimant had been found liable to pay damages for personal injury, and now sought contribution from the defendants. The defendants said that they were out of time since the contribution action had been commenced more than 2 years after the judgment. Held: The appeal succeeded. The judgment had been for damages to be assessed. … Continue reading Aer Lingus v Gildacroft Ltd and Another: CA 17 Jan 2006
Action for damages for personal injuries brought by five claimants in respect of alleged torts of assault and battery and negligence, for which it is said the defendant is liable as representing Her Majesty’s government in the United Kingdom. The injuries in respect of which the claims are made are said to have been deliberately … Continue reading Mutua and Others v The Foreign and Commonwealth Office: QBD 5 Oct 2012
A renewed application for leave to appeal was made as regards a valuation element of the judgment. New expert evidence was sought to be admitted. Held: Leave was refused: ‘the Court of Appeal should be particularly cautious where what is intended is to put in, in effect, further cross-examination of a witness, including an expert, … Continue reading Riyad Bank and others v Ahli United Bank (Uk) Plc: CA 23 Nov 2005
The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time. Held: Proceedings under the 1954 Act were not within the proceedings listed by CPR 19.5 since the … Continue reading Parsons and Another v George and Another: CA 13 Jul 2004
The claimant had been asked to work under cover. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke. Held: There was a direct line of causation between the known faults in the equipment, and the … Continue reading Donachie v The Chief Constable of the Greater Manchester Police: CA 7 Apr 2004
In 2000, the claimant sought damages for sexual abuse from before 1951. The issue was as to whether the limitation law which applied was that as at the date of the incidents, or that which applied as at the date when he would be deemed uner the modern law to have acquired knowledge of the … Continue reading McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others: HL 4 Dec 2003
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating Act, the 1925 Act should not be read to change the common law. Held: … Continue reading Beswick v Beswick: HL 29 Jun 1967
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012
The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors. Held: To have such orders set … Continue reading Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006
The word ‘attributable’ in the Act means ‘capable of being attributed’, rather than ’caused by’. Citations: CA Tr No 60 of 1990 Jurisdiction: England and Wales Citing: Appeal from – Guidera v NEI Projects (India) Ltd 17-Nov-1988 The plaintiff was exposed to asbestos in 1952 and 1953 and later diagnosed with asbestosis. Held: He had … Continue reading Guidera v NEI Projects (India) Ltd: CA 30 Jan 1990
The plaintiff had contracted to purchase software from the respondent. The system failed to perform, and the defendant sought to rely upon its exclusion and limitation of liability clauses. Held: It is for the party claiming that a contract term satisfies the requirement of reasonableness to show that it does. To decide whether term was … Continue reading Watford Electronics Ltd v Sanderson CFL Ltd: CA 23 Feb 2001
The defendant worked as a shop assistant. He had persuaded the manager to accept in payment for goods, two cheques which he knew to be stolen. The CA had decided that since the ownership of the goods was transferred on the sale, no appropriation of property belonging to another had taken place. Held: An appropriation … Continue reading Director of Public Prosecutions v Gomez: HL 3 Dec 1992
The 1954 Act passed on 4 June 1954 but was not to affect any action or proceeding if the cause of action arose before that date. The Lord Ordinary found that the pursuer who sought damages for pneumoconiosis did not begin to suffer from until 1955. But the pursuer contended that the injury had been … Continue reading Brown v North British Steel Foundry Ltd: OHCS 1968
Claim for contribution between co-securities. Wright J reviewed the development of the entitlement to contribution from Justinian’s statement of it, through its application by the custom of the City of London in the time of Queen Elizabeth to the time of his judgment. Judges: Wright J Citations:  2 Ch 514 Cited by: Mentioned – … Continue reading Wolmershausen v Gullick: 1893
The words ‘liable to pay’ in s 3 carried their usual meaning as ‘responsible in law’. Judges: Singleton LJ Citations:  2 QB 501,  2 All ER 915,  3 WLR 553 Jurisdiction: England and Wales Cited by: Appeal from – Wimpey (George) Co Ltd v British Overseas Airways Corporation HL 1954 A joint … Continue reading Littlewood and George Wimpey and Co Ltd v British Overseas Airways Corporation: CA 1953
The father, Lord Nichols, gave property to his sons who then leased it back to him. On the father’s death the revenue claimed duty. Held: Goff LJ: ‘Having thus reviewed the authorities, we return to the question what was given, and we think that a grant of the fee simple, subject to and with the … Continue reading In re Nichols, deceased: CA 2 Jan 1975
The plaintiff was widow and administratrix of the estate of her deceased husband. He had worked from April 1938 to April 1943 for a predecessor to the CEGB. He had been exposed to asbestos dust as a result of his employer’s negligence and breach of duty. In 1981 he began to suffer mesothelioma, a long-delayed … Continue reading Arnold v Central Electricity Generating Board: HL 22 Oct 1987
A workman had been injured through the breaking of a defective part in the machine with which he was working. He brought an action of damages against his employers, and later convened as second defenders the manufacturers of the machine, who had supplied it to his employers, on averments that the accident had been caused … Continue reading Watson v Fram Reinforced Concrete Co (Scotland) Ltd: HL 1960
It is to be presumed from a period of 20 years’ user, and the lack of evidence inconsistent with there having been immemorial user or a lost modern grant, that a right which was within grant has been established. The apparent right should lie in grant, it should be capable of being created by an … Continue reading Bryant v Foot: 1867
Lord Loreburn LC said: ‘But what the appellants say is this: Permit us to prove that these burns are sewers, and if we can prove that they are sewers, surely it cannot be an offence to pour sewage matter into the sewers. My Lords, that is merely asking leave to prove that they have . … Continue reading Airdrie Magistrates v Lanark County Council: 1910
The claimant’s cause of action for lung fibrosis did not arise at the time he was exposed to asbestos between August 1952 and May 1953 because at that stage he had not suffered physical injury by May 1953. Basing himself on the evidence of Dr Rudd the court held that for a long time after … Continue reading Keenen v Miller Insulation and Engineering Ltd: 8 Dec 1987
The plaintiff was injured in 1948, but it later became more serious, and in 1970, having obtained leave under the 1963 Act, he issued proceedings. The defendants argued that his claim was statute-barred under section 2(1). The defendant appealed. Held: The appeal failed. Relying on section 15 of the 1963 Act and despite the absence … Continue reading Knipe v British Railways Board: CA 1972
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 police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in the fall. The doctrine of ex turpi no oritur actio … Continue reading Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001
Plaintiffs who lived in Russia sought damages for defamation against an American magazine with a small distribution in England. Both plaintiffs had real connections with and reputations in England. A judgment in Russia would do nothing to repair the reputations in England, and accordingly the proper place to sue was in England. Under English law … Continue reading Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for misrepresentation. The policies were novel and sophisticated contracts and included clauses modifying the duties of … Continue reading HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others: HL 20 Feb 2003
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019
Registered land was bought with an advance from the plaintiff. The transfer and charge were registered one month later, but in the meantime, the buyer’s parents moved in. When the buyer defaulted, his mother resisted possession proceedings, saying that she had an overriding interest through her occupation at the time when the charge was registered. … Continue reading Abbey National Building Society v Cann: HL 29 Mar 1990
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not … Continue reading C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003
The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make their insured and themselves liable to very substantial unanticipated claims for damages for pleural plaques which would not previousl or otherwise have amounted to personal injury. Pleural plaques are physical changes in the pleura, detectable radiologically as … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010
There was a contact for the carriage by sea of three reactors. The contract applied the Hage-Visby rules. Held: The contract applied the rules as they would apply in the country of shipment if they were applied mandatorily. The contact should be read so as to reflect the clearly expressed intention of the parties. The … Continue reading Parsons Corporation and others v C V Scheepvaartonderneming ‘The Happy Ranger’: CA 17 May 2002
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
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
Intention to Establish Adverse Possession of Land A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner. Held: Slade J said: ‘It will be convenient to begin by restating a few basic principles relating to … Continue reading Powell v McFarlane: ChD 1977
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983
Use of ‘Without Prejudice Save as to Costs” A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the client, the respondent. The claim was compromised but without disclosing the … Continue reading Rush and Tompkins Ltd v Greater London Council and Another: HL 1988
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had overstayed the expiration of a grazing tenancy, and been asked to leave but had not been dispossessed. … Continue reading J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002
Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill. Held: The specific terms added prevailed over the standard terms printed on the bill of lading. The bill was … Continue reading Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003
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
The claimant had been injured in a swimming pool during a lesson. The lesson was conducted by outside independent contractors. The claimant appealed against a finding that his argument that they had a non-delegable duty of care was bound to fail. Held: The claimant’s appeal was dismissed (Laws LJ dissenting). Tominson LJ said: ‘I do … Continue reading Woodland v Essex County Council: CA 9 Mar 2012
The defendant had been found to owe money to the bank. In order to avoid damaging his career he agreed to execute a charge to secure the judgment. He now sought release from that order, and to withdraw his admission of the debt. He had acted in person, but had since been advised that he … Continue reading Kojima v HSBC Bank Plc: ChD 22 Mar 2011
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights. Held: The damages were restricted to the statutory ones. The defendant was regulated under the 1991 Act by the Director-General, who … Continue reading Marcic v Thames Water Utilities Limited: HL 4 Dec 2003
The claimants sought damages from their former solicitors. They set out to purchase a football club, expending substantial sums for the purpose, relying on the defendants’ promised provision of service in finding and arranging the funding. They said that the defendants made no progress, the opportunity was lost, and their money wasted. After a dilatory … Continue reading Parker and Another v SJ Berwin and Co and Another: QBD 17 Dec 2008
The defendant had been convicted of offences under the 1979 Act, but then conditionally discharged. He had appealed against a confiscation order. The prosecutor now appealed against an order quashing the confiscation. Held: The appeal was allowed. The answer lay in the important distinction between situations where the court was exercising a discretion, and where … Continue reading Varma, Regina v: SC 10 Oct 2012
The defenders owned a substantial grouse moor in Scotland. There had been difficulties with grouse stocks, and steps taken over years to allow stocks to recover. They had responded to enquiries from one Mr Erskine with misleading figures. Mr Erskine formed a company, the appellant, to take a lease. The company now appealed rejection of … Continue reading Cramaso Llp v Ogilvie-Grant, Earl of Seafield and Others: SC 12 Feb 2014
The claimant sought damages after an explosion at the defender’s nearby premises damaged its shop. The defender said that the claim was out of time, and now appealed against a decision that time had not begun to run under the 1973 Act. Held: (Lord Hodge and Lord Toulson dissenting) The appeal was allowed. The natural … Continue reading David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others: SC 30 Jul 2014
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
In each case, the applicant sought to argue that documents which had actually been received on a certain date should not be deemed to have been served on a different day because of the rule.
Held: The coming into force of the Human Rights Act . .
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
May LJ proposed a test of ‘reasonable possibility’ for when a claimant should be allowed to extend the time for lodging a claim before the employment Tribunal: ‘[W]e think that one can say that to construe the words ‘reasonably practicable’ as the . .
An administrator de son tort, who was also a beneficiary, held the estate property on trust, and so could not establish adverse possession against the estate during the period of trusteeship. He held a sufficient interest in the assets already. A . .
The landlord resisted renewal of the business tenancy saying that he intended to occupy the premises himself. The Court was asked whether the landlord could show the necessary intention under section 30(1)(g) where it intended to occupy the premises . .
A party may, at any rate in a compromise agreement supported by valuable consideration, agree to release claims or rights of which he is unaware and of which he could not be aware, even claims which could not on the facts known to the parties have . .
The plaintiff suffered injury walking a gangway onto a moored ship. Her solicitors failed to identify the owner of the ship, misspelling the name and failing to search in the General Register of Shipping and Seamen. The eventual claim was made . .
The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers.
Held: . .
The claimants sought leave to bring cases in negligence in respect of their working conditions in coal mines between 1954 and 1994 which, they said resulted in osteoarthritis of the knee. The claims were well outside the standard limitation period. . .
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car.
Held: The incidents occurred in the course of peace-keeping duties. It was . .
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and . .
References: Unreported, 8 December 1987 Coram: Piers Ashworth QC The claimant’s cause of action for lung fibrosis did not arise at the time he was exposed to asbestos between August 1952 and May 1953 because at that stage he had not suffered physical injury by May 1953. Basing himself on the evidence of Dr Rudd … Continue reading Keenen v Miller Insulation and Engineering Ltd; 8 Dec 1987