Click the case name for better results:

Central Electricity Generating Board v Halifax Corporation: HL 1963

Under the 1947 Act, the assets of electricity undertakings were transferred to to electricity boards. Property held by local authorities as authorised undertakers should, on vesting day, vest in the relevant board. A question arose as to whether certain monies had been held by the local authority and the question was referred to the minister, … Continue reading Central Electricity Generating Board v Halifax Corporation: HL 1963

Ridge v Baldwin (No 1): HL 14 Mar 1963

No Condemnation Without Opportunity For Defence Ridge, a Chief Constable, had been wrongfully dismissed without being given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his behaviour. He now accepted that he should leave, but sought to … Continue reading Ridge v Baldwin (No 1): HL 14 Mar 1963

Re Pauling’s Settlement Trusts (No.1): CA 29 May 1963

Property had been placed in trust for the daughter of the family, fearing that she might fritter it away. The trust was managed by the bank. The judge had found that, having misunderstood the powers of advancement given, the bank was liable to repay part of the funds to the trust fund. Both parties appealed. … Continue reading Re Pauling’s Settlement Trusts (No.1): CA 29 May 1963

Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963

Cartledge v E Jopling and Sons Ltd: HL 1963

The plaintiffs were steel dressers who, in the course of their employment, had inhaled quantities of noxious dust which had caused them to suffer from pneumoconiosis. They issued proceedings on 1 October 1956 but were unable to show any breach of duty by their employers which contributed to their condition after 1 October 1950. The … Continue reading Cartledge v E Jopling and Sons Ltd: HL 1963

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Hannigan v Hannigan: CA 18 May 2000

The widow appealed against strike out of her claim under the 1975 Act. It had been filed with several mistakes and only just in time. Held: Her appeal succeeded. Though the defects were real and to be deplored, the paperwork contained all the necessary information: ‘The ‘quirky’ petition was filed at the Stafford County Court … Continue reading Hannigan v Hannigan: CA 18 May 2000

Faircharm Investments Ltd v Citibank International Plc: CA 6 Feb 1998

An irregular judgment had been entered. A claim was made after the proceeds of a life policy secured under a mortgage had been wrongly paid out after the mortgage was redeemed by a third party. Held: The appeal was dismissed. The so-called default judgment should stand as a judgment for damages in the amount of … Continue reading Faircharm Investments Ltd v Citibank International Plc: CA 6 Feb 1998

Walkley v Precision Forgings Ltd: HL 1979

The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, would be dismissed for want of prosecution. Held: He could not do so. He was not prejudiced by the primary limitation period since he … Continue reading Walkley v Precision Forgings Ltd: HL 1979

Knipe v British Railways Board: CA 1972

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

Ronex Properties v. John Laing Construction Ltd: CA 1983

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

Harkness v Bell’s Asbestos and Engineering Limited: CA 1966

The plaintiff’s solicitors had applied to a district registrar for leave of the court for the purposes of the Limitation Act 1963 when they ought to have made the application to a judge in chambers. The district registrar ordered that Section 2(1) of the Limitation Act 1939 should not afford a defence to the proposed … Continue reading Harkness v Bell’s Asbestos and Engineering Limited: CA 1966

Charlesworth and Others v Focusmulti Ltd and Others: CA 15 Mar 1993

Judgment had been entered by the plaintiff in default of defence, but before the time limit for filing a defence had expired. Such a judgment was fatally flawed, and could not be cured. The judgment had to be set aside without any consideration of the merits. Judges: Russell LJ and Hollis J Citations: Ind Summary … Continue reading Charlesworth and Others v Focusmulti Ltd and Others: CA 15 Mar 1993

Newton v Cammell Laird and Co (Shipbuilders and Engineers) Ltd: CA 1969

The court considered when the limitation period in a personal injury claim would start to run, where the plaintiff might be unaware of the damage: ‘You have to ask yourself: At what date was it reasonable for him – for the sick man himself – to have taken advice and found out that his illness … Continue reading Newton v Cammell Laird and Co (Shipbuilders and Engineers) Ltd: CA 1969

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Marks and Spencer Group Plc and Another v Freshfields Bruckhaus Deringer: CA 3 Jun 2004

The defendant firm of solicitors sought leave to appeal against an injunction requiring them not to act for a client in making a bid to take over the business of the claimant, a former client of the firm. Held: Leave was refused. The appeal had no prospect of success. The principle against a firm of … Continue reading Marks and Spencer Group Plc and Another v Freshfields Bruckhaus Deringer: CA 3 Jun 2004

Commissioner of Police of the Metropolis v Lennon: CA 20 Feb 2004

The claimant police officer considered being transferred to Northern Ireland. He asked and was incorrectly told that his housing allowance would not be affected by taking time off work. Held: The break between employments had affected his entitlements. The finding of a duty of care and its breach involved no new extension of the law. … Continue reading Commissioner of Police of the Metropolis v Lennon: CA 20 Feb 2004

McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others: HL 4 Dec 2003

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

Hatton v Messrs Chafes (A Firm): CA 13 Mar 2003

The defendant firm appealed against a refusal to strike out the claimant’s claim for professional negligence, asserting that the judge should have considered the limitation issue in the light of Khan v Falvey. Held: By the time that the negligence arose, the first claim was worthless. The claimant knew of the negligence of his solicitors … Continue reading Hatton v Messrs Chafes (A Firm): CA 13 Mar 2003

Kastor Navigation Co Ltd and Another v AGF M A T and others (“Kastor Too”): ComC 4 Dec 2002

The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the vessel was beyond repair when she sank, and was therefore a constructive total loss (‘CTL’). They said the cause of the loss … Continue reading Kastor Navigation Co Ltd and Another v AGF M A T and others (“Kastor Too”): ComC 4 Dec 2002

Chief Constable of Avon and Somerset Constabulary v Fleming: QBD 1987

The defendant was stopped pushing a motor-cycle along the road. It had been adapted for scrambling, and the registration plates lights and speedometer had been removed. He argued that it was no longer a motor vehicle ‘adapted or intended for use on a public road’. The prosecutor appealed against the magistrates finding that they had … Continue reading Chief Constable of Avon and Somerset Constabulary v Fleming: QBD 1987

Smith v Central Asbestos Co Ltd; Central Asbestos Co Ltd v Dodd: HL 1973

The House considered at what point an injured person was to be deemed to have become aware of his injury so as to start the limitation period. Held: A majority rejected the proposition that knowledge of ‘material facts’ for section 1(3) purposes included knowledge that the defendant’s conduct entitled the plaintiff to a legal remedy.Lord … Continue reading Smith v Central Asbestos Co Ltd; Central Asbestos Co Ltd v Dodd: HL 1973

Swansea City Council v Glass: CA 1992

The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more than six years after the work had been concluded. The authority argued … Continue reading Swansea City Council v Glass: CA 1992

Legal Services Commission v Rasool: CA 5 Mar 2008

The defendant had in 1993 obtained legal aid. Work was done but the certificate was then revoked. The Commission sought repayment of the sums paid on account to his solicitors. He replied that the claim was out of time. The Commission argued that time did not run until the sum was fixed. Held: The Commission’s … Continue reading Legal Services Commission v Rasool: CA 5 Mar 2008

Legal Services Commission v Henthorn: CA 30 Nov 2011

The Commission sought to recover what it said were payments made on account to the respondent barrister, but only after many years had passed. The Commission argued that time only began to run once it requested repayment. Held: The appeal succeeded. In general, time would run from the earlier date: ‘Save where it is the … Continue reading Legal Services Commission v Henthorn: CA 30 Nov 2011

Legal Services Commission v Henthorn: QBD 4 Feb 2011

The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the claims were defeated by limitation and laches and were an abuse of process because … Continue reading Legal Services Commission v Henthorn: QBD 4 Feb 2011

The Law Society of England and Wales v Schubert Murphy (A Firm): CA 25 Aug 2017

The solicitors had made use of the online facility provided by the appellant Law Society to verify the bona fides of a firm of solicitors acting for a third party to a transaction. Relying upon the information, they suffered losses, and claimed in negligence. The Law Society now appealed against a refusal of its request … Continue reading The Law Society of England and Wales v Schubert Murphy (A Firm): CA 25 Aug 2017

Arnold v Central Electricity Generating Board: HL 22 Oct 1987

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

Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

Leivers v Barber Walker and Co Ltd: CA 1943

Goddard LJ (dissenting) said that section 2(1)(d) of the 1939 Act changed the former position altogether, leaving the provision for limitation as regards specialties to apply only to deeds and other documents under seal (or to claims other than for the recovery of money). Judges: Goddard LJ Citations: [1943] KB 385 Statutes: Limitation Act 1939 … Continue reading Leivers v Barber Walker and Co Ltd: CA 1943

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Glamorgan County Council v Carter: QBD 1962

A caravan owner appealed against an enforcement notice on the basis that no planning permission was required because the parking of caravans was the purpose for which the land had been last used. Held: Factually that was correct. Prima facie it afforded a statutory defence. But the user amounted to a criminal or quasi criminal … Continue reading Glamorgan County Council v Carter: QBD 1962

Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

The deceased was a prisoner known to be at risk of committing suicide. Whilst in police custody he hanged himself in his prison cell. The Commissioner accepted that he was in breach of his duty of care to the deceased, but not that that breach was caustive of the death by suicide. Held: Police and … Continue reading Commissioner of Police for the Metropolis v Reeves (Joint Administratix of The Estate of Martin Lynch, Deceased): HL 15 Jul 1999

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

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

Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961

Foreseeability Standard to Establish Negligence Complaint was made that oil had been discharged into Sydney Harbour causing damage. The court differentiated damage by fire from other types of physical damage to property for the purposes of liability in tort, saying ‘We have come back to the plain common sense stated by Lord Russell of Killowen … Continue reading Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1): PC 18 Jan 1961

Cartledge v E Jopling and Sons Ltd: CA 1962

The court gave guidance on when an injury passes from being de minimis to being sufficiently significant to found a cause of action: ‘there is from the beginning some injury occurring from day to day, as each of the minute particles which enter the lung tissue causes some microscopic injury and permanent scarring, but a … Continue reading Cartledge v E Jopling and Sons Ltd: CA 1962

Sheeran and Others v Chokri and Others: ChD 6 Apr 2022

Insufficient Evidence to say Song was Copied S sought a declaration that he had not copied the defendant’s song with his own. The court examined the musical details of both songs. Held: The song was not copied. The defendant had not shown that the claimant knew anything of the defendant’s song ‘Oh Why’. The fact … Continue reading Sheeran and Others v Chokri and Others: ChD 6 Apr 2022

Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005

The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, had failed to provide him with reasonable assistance and support, and … Continue reading Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005

Spectrum Investment Co Ltd v Holmes: ChD 1981

The plaintiff company acquired the registered freehold title of a house in 1957. The house was already demised on a long lease. The leaseholder had sublet to the defendant, who, by continuous non-payment of rent, had, by 1963, acquired a prescriptive title against her. In 1968 the defendant sought registration as proprietor of the leasehold … Continue reading Spectrum Investment Co Ltd v Holmes: ChD 1981

Poole Borough Council v GN and Another: SC 6 Jun 2019

This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019

Anns and Others v Merton London Borough Council: HL 12 May 1977

The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority appealed a finding that it was liable, arguing that the claims were time barred and that it had … Continue reading Anns and Others v Merton London Borough Council: HL 12 May 1977

Donoghue (or M’Alister) v Stevenson: HL 26 May 1932

Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932

Banca Nazionale Del Lavoro Spa v Playboy Club London Ltd and Others: SC 26 Jul 2018

The Playboy casino required a reference for a customer, but asked for this through a third party. The bank was not aware of the agency but gave a good reference for a customer who had never deposited any money with them and nor to whom it had issued cheques. Playboy sought damages under the reference. … Continue reading Banca Nazionale Del Lavoro Spa v Playboy Club London Ltd and Others: SC 26 Jul 2018

Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994

Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

Roberts v Parole Board: HL 7 Jul 2005

Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005

West Bromwich Albion Football Club Ltd v El-Safty: QBD 14 Dec 2005

The claimant sought damages from the defendant surgeon alleging negligent care of a footballer. The defendant argued that he had no duty to the club as employer of his patient who was being treated through his BUPA membership. It would have created a conflict of interest if he had accepted a contractual obligation to the … Continue reading West Bromwich Albion Football Club Ltd v El-Safty: QBD 14 Dec 2005

Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007

The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty. Held: The magistrate had made his decision on the inaccurate material placed before him. … Continue reading Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007

James McNaughton Paper Group Ltd v Hicks Anderson and Co: CA 31 Jul 1990

When considering the liability of an auditor in negligence, the fact and nature of any communications direct between the auditor and the potential investor must be allowed for. The court set out a non-exhaustive list of factors to be taken into account in determining whether the threefold test and the assumption of responsibility test for … Continue reading James McNaughton Paper Group Ltd v Hicks Anderson and Co: CA 31 Jul 1990

Scozzari And Giunta v Italy: ECHR 13 Jul 2000

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (locus standi); No violation of Art. 8 with regard to suspension of parental rights and taking into care; Violation of Art. 8 with regard to limitations on access; Violation of Art. 8 with regard to placement of children; No violation of Art. 8 with regard to … Continue reading Scozzari And Giunta v Italy: ECHR 13 Jul 2000

AXA General Insurance Ltd and Others v Lord Advocate and Others: SCS 8 Jan 2010

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

BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel): SC 22 Mar 2017

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

Glaister and Others v Appelby-In-Westmorland Town Council: CA 9 Dec 2009

The claimant was injured when at a horse fair. A loose horse kicked him causing injury. They claimed in negligence against the council for licensing the fair without ensuring that public liability insurance. The Council now appealed agaiinst a finding that they were liable, saying that this had been a wrongful extension of the law … Continue reading Glaister and Others v Appelby-In-Westmorland Town Council: CA 9 Dec 2009

Binod Sutradhar v Natural Environment Research Council: CA 20 Feb 2004

The defendant council had carried out research into a water supply in India in the 1980s. The claimant drank the water, and claimed damages for having consumed arsenic in it. Held: There is a close link between the tests in law for proximity and foreseeability. The report was a short term pilot report, and could … Continue reading Binod Sutradhar v Natural Environment Research Council: CA 20 Feb 2004

Bradford and Bingley Plc v Rashid: HL 12 Jul 2006

Disapplication of Without Prejudice Rules The House was asked whether a letter sent during without prejudice negotiations which acknowledged a debt was admissible to restart the limitation period. An advice centre, acting for the borrower had written, in answer to a claim by the lender for the sum still due after the sale of the … Continue reading Bradford and Bingley Plc v Rashid: HL 12 Jul 2006

Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

St Marylebone Property Co Ltd v Fairweather: HL 16 Apr 1962

To defeat a defence of adverse possession, the plaintiff must succeed in an action which itself had been commenced within the twelve year period. A squatter does not succeed to the title that he has disturbed: by sufficiently long adverse possession he obtains a title of his own, but ‘his possession only defeats the rights … Continue reading St Marylebone Property Co Ltd v Fairweather: HL 16 Apr 1962

Mayor and Burgesses of London Borough of Lambeth v George Bigden and Others: CA 1 Dec 2000

A block of flats had been occupied over several years by a succession of squatters. The present occupiers appealed an order for possession, and the authority appealed refusal of possession for other flats. The occupiers asserted possessory title. Held: The earlier occupiers had sought licences from the authority, and had submitted petitions. The letters and … Continue reading Mayor and Burgesses of London Borough of Lambeth v George Bigden and Others: CA 1 Dec 2000

A v British Broadcasting Corporation (Scotland): SC 8 May 2014

Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014

Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It was said by the defendant’s advisers to be an abuse of the … Continue reading Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth: CA 12 Apr 2006

Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the National Lottery. They complained that the Limitation Act gave the court … Continue reading A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth: CA 12 Apr 2006

Nouri v Marvi and Others: CA 14 Oct 2010

The claimant was the registered owner of a leasehold flat, allowing the defendant to live in the flat while he was out abroad. The defendant first re-mortgaged the property in the claimant’s name, forging the claimant’s signature on the mortgage deed, and then, on 2 April 2001, sold the flat to himself, posing as the … Continue reading Nouri v Marvi and Others: CA 14 Oct 2010

Law Society v Sephton and Co (a Firm) and Others: HL 10 May 2006

A firm of solicitors had a member involved in a substantial fraud. The defendant firm of accountants certified the firm’s accounts. There were later many calls upon the compensation fund operated by the claimants, who sought recovery in turn from the accountants. The accountants pleaded limitation. Held: The Law Society faced a contingent liability on … Continue reading Law Society v Sephton and Co (a Firm) and Others: HL 10 May 2006

Cramaso Llp v Ogilvie-Grant, Earl of Seafield and Others: SC 12 Feb 2014

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

Alchemy Estates Ltd v Astor and Another: ChD 5 Nov 2008

The parties disputed the effect of a contract between them for the sale of a leasehold property. After exchange the solicitors failed to obtain the landlord’s consent to the proposed assignment as required by the lease. In the meantime the proposed assignees set out to enfranchise the lease under the 1967 Act as envisaged by … Continue reading Alchemy Estates Ltd v Astor and Another: ChD 5 Nov 2008

Schubert Murphy (A Firm) v The Law Society: QBD 17 Dec 2014

The claimant solicitors’ firm had acted in a purchase, but the vendors were represented by fraudsters presenting themselves as solicitors, registering with the defendant in names of retired solicitors, and who made off with the money intended for the redemption of the vendor’s mortgage. The defendants had shown the name as registered on the Roll. … Continue reading Schubert Murphy (A Firm) v The Law Society: QBD 17 Dec 2014

Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011

The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She claimed that the dismissal was unfair, not having been given opportunity to … Continue reading Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011

Bank of Credit and Commerce International (Overseas) Limited (In Liquidation); BCCI Holdings (Luxembourg) SA (In Liquidation); Bank of Credit and Commerce International SA (In Liquidation) v Price Waterhouse: CA 13 Feb 1998

The special relationship between an auditor and a bank, meant that a duty of care could extend even to a second bank with its own auditors. In determining whether there had been an assumption of responsibility, the the relevant factors would include . .