The Court gave guidance on the proper method of interpreting a term of a motor insurance policy which defines the limitations of use subject to which the policy provides cover. Roskill LJ: ‘Inevitably, where one has a phrase such as ‘social, domestic or pleasure purposes’ used in a policy of insurance . . there will … Continue reading Seddon v Binions: CA 1978
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had taken place post death. The allegations included conspiracy to injure by unlawful means. … Continue reading Powell and Another v Boldaz and others: CA 1 Jul 1997
The claimant appealed against a finding of indebtedness to the bank. He had said at trial that the bank had been charging interest at 25%. The bank denied this, but after trial it became clear that he had been correct. The bank argued for abuse of process, res judicata and estoppel, and requested a strike … Continue reading Sarwar v The Royal Bank of Scotland Plc (Rev 1): ChD 27 Jul 2011
The claimant sought damages from the defendant barristers who had represented her in criminal proceedings. They had not passed on to her the statement made by the judge in chambers that if she pleaded guilty he would not impose a sentence of imprisonment, but sought to persuade her to change her plea. When she did … Continue reading Awoyomi v Radford and Another: QBD 12 Jul 2007
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability … Continue reading Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017
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 indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability? Held: The appeal succeeded (Lord Hughes dissenting). … Continue reading Armes v Nottinghamshire County Council: SC 18 Oct 2017
The parties were each sureties for a debt to their bank from their company. The bank recovered the company’s debt from one surety, who in turn sought a contribution of half from the other. The respondent asserted that the claim was statute barred, because in this case it was a claim under a guarantee for … Continue reading Hampton v Minns: ChD 17 May 2001
The court considered when a set off is available to a party. Lord Denning said: ‘It is available whenever the cross-claim arises out of the same transaction as the claim or out of a transaction that is closely related to the claim.’ and ‘In point of principle, when applying the law of limitation, a distinction … Continue reading Henriksens Rederi A/S v Centrala Handlu Zagranicznego (CHZ) Rolimpex, The Brede: CA 1974
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation. Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning of Article 8(2), notwithstanding the width of the discretion conferred by section 3(5)(a). The claimant should … Continue reading Kent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another: Admn 17 Dec 2003
The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not to be applied by English law. Held: It is necessary for a … Continue reading Iran v The Barakat Galleries Ltd: QBD 29 Mar 2007
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The claimant had 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
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
The claimant solicitors sought contributions from counsel to the damages they had been obliged to pay to their client in negligence. Held: Underhill J said: ‘My task is not to seek to decide definitively whether LL were liable in negligence to Mr and Mrs Fox for the amount of the loss settlement, but simply to … Continue reading Pritchard Joyce and Hinds v Batcup and Another: QBD 17 Jan 2008
The tenants Mr and Mrs Levy did not know their landlord Mrs David’s address and had no means of paying the rent. Held: They had acquired the title by adverse possession against their mesne landlord (Mrs David) – but that nevertheless their statutory tenancy had continued against the freeholder.Sir John Pennycuick said that: ‘I should … Continue reading Jessamine Investment Co v Schwartz: CA 1978
cw Easement – Prescription – Right to light – Greenhouse – Claim for sufficient light to cultivate plants – Whether specially high amount of light – Whether right to extraordinary amount of light capable of being acquired by prescription – Whether right is to light for illumination only or capable of including sun’s warmthThe claimants … Continue reading Allen and Another v Greenwood and Another: CA 16 Oct 1978
The plaintiff appealed the strict application of the limitation laws against his claim. He had been injured whilst working as a grinder. He began one claim which lapsed, and began a second claim outside the limitation period, requesting the court to use its discretion to extend the period so as to allow the second action. … Continue reading Walkley v Precision Forgings Ltd: CA 1978
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal. Held: Her claim was arguable. It was possible that the Commissioner owed to her a similar duty as would … Continue reading Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000
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
A valuable Chinese carpet had been taken for cleaning but was lost by the bailee. The bailee said that his liability was limited under the terms of the contract to a particular sum. A fundamental breach is ‘a breach going to the root of the contract’. The claimant pleaded by way of reply that the … Continue reading Levison v Patent Steam Carpet Cleaning Co Ltd: CA 1977
Donaldson J considered the phrase ‘attributable to’ saying: ‘The fundamental problem is whether Mr Walsh’s loss of employment was ‘attributable to’ any provision of the 1972 Act, ie the April 1974 reorganisation. These words have been considered in a number of cases and I do not wish to add to the explanations and definitions which … Continue reading Walsh v Rother District Council: 1978
A claim was made for specific performance of an oral agreement to sell shares. Held: The plaintiff had failed to show that if he issued another writ for the same relief, it would be not be defeated by the doctrine of laches. Payment of the purchase price is neither here nor there if the contract … Continue reading Joyce v Joyce: 2 Jan 1978
Writs had been issued within the limitation period, but then allowed to lapse. Held: Section 2D gave a wide discretion to the court which was not limited to a residual class of case or to exceptional cases.Ormrod LJ said: ‘The appellants contend that the section should be construed or applied not only strictly but, in … Continue reading Firman v Ellis: CA 1978
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
Megarry V-C said that the mere failure to use the expression ‘without prejudice’ is not decisive of whether the letter is such. The question is whether the letters were written in an attempt to compromise actual or pending litigation and, if so, whether it can be inferred from their terms and their whole context that … Continue reading Chocoladefabriken Lindt and Sprungli AG and another v The Nestle Co Ltd: 1978
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
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
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
Exercise of Power to Strike Out The court has an inherent power to strike out an action for want of prosecution, and the House set down the conditions for its exercise. The power is discretionary and exercisable only where (a) there has been inordinate and inexcusable delay and (b) such delay has given rise to … Continue reading Birkett v James: HL 1977
The appellant had bought his television licence when the charge was andpound;12 although the minister had already announced that it would later be increased to andpound;18. The Home Office wrote to those who had purchased their licence before the new charge came into effect demanding the payment of the extra andpound;6 failing which their licence … Continue reading Congreve v Secretary of State for the Home Office: CA 1976
The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public … Continue reading Walton v The Scottish Ministers: SC 17 Oct 2012
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been made redundant, given a redundancy letter setting out the payments due … Continue reading Polkey v A E Dayton Services Limited: HL 19 Nov 1987
Extent of Counsel’s Immunity in Negligence The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings. Held: A barrister’s immunity from suit extended only to such pre-trial work as was intimately connected with the conduct of the case … Continue reading Saif Ali v Sydney Mitchell and Co (a Firm): HL 1978
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
Innocent third Party May still have duty to assist The plaintiffs sought discovery from the defendants of documents received by them innocently in the exercise of their statutory functions. They sought to identify people who had been importing drugs unlawfully manufactured in breach of their patents. Held: Disclosure should be ordered. If someone, even innocently … Continue reading Norwich Pharmacal Co and others v Customs and Excise Commissioners: HL 26 Jun 1973
The Master of the Rolls considered the use of an exemption clause, saying that the Court was to consider first whether the breach was ‘fundamental’. If so, he said, the court itself deprives the party of the benefit of an exemption or limitation . .
This appeal raises a question about the interpretation of article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (‘the Athens Convention’) and its application to the Scots law of limitation of . .
A consignment of whisky was stolen whilst on consignemt from a bonded warehouse under CMR terms for Teheran. In bond, it was worth 7,000 pounds, and on export no excise duty was to be paid. Being stolen in the course of transit, excise duty of . .
The purchaser had failed to complete, notwithstanding the service of a notice to complete. The purchaser a Nigerian company suffered a delay in obtaining funds due to a change in the exchange control regulations. There was no attempt to exclude . .
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
References: [1978] 1 WLR 1170, [1979] 1 All ER 175 Coram: Megarry V-C A claim was made for specific performance of an oral agreement to sell shares. Held: The plaintiff had failed to show that if he issued another writ for the same relief, it would be not be defeated by the doctrine of laches. … Continue reading Joyce v Joyce; 2 Jan 1978
References: [1954] 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
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
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 Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994
The claimant insurer had insured a garage in respect of a car it used for loan to customers when their own car was being repaired. There was a collision on the customer driving home from work. The defendant insurer was the driver’s own insurer. The parties disputed responsibility allocation as between them and the nature … Continue reading AXA Insurance UK Ltd v EUI Ltd (T/A Elephant Insurance): QBD 14 May 2020
Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
The Court quashed a deprivation order made against a defendant who had been conditionally discharged: ‘On March 28, 1983 at the Crown Court in Manchester, the appellant pleaded guilty to three counts of handling stolen goods and was sentenced to a conditional discharge for 12 months in respect of each count. The learned trial judge … Continue reading Regina v Savage: 1983
EAT Equal Pay Act : Damages or Compensation – Equal Pay. Jurisdiction. Statutory limitation. Claimants alleged that their previous NHS Trust employers breached their rights under the Equal Pay Act 1970. Trusts dissolved and their liabilities under or in connection with the Claimants’ contracts of employment transferred to the respondents by Staff Transfer Orders (under … Continue reading Foley v NHS Greater Glasgow and Clyde and Otherss: EAT 15 Aug 2012
The reddendum in the lease provided for a rent review: ‘there will be a rent review for each of the review periods’. The express machinery for such review could only be initiated by the landlord, but in refusing to initiate a review the landlord was frustrating the provisions of the contract that there should be … Continue reading Royal Bank of Scotland v Jennings, Pezaro and Circuitpoint (Brewery Road) Limited: CA 24 Oct 1996
Damages or removal of coal under land User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the houses on the surface. If … Continue reading Livingstone v Rawyards Coal Co: HL 13 Feb 1880
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the door of the court to accept an offer. The claimant was not advised as to … Continue reading Moy v Pettman Smith (a firm) and another: HL 3 Feb 2005
Grand Chamber – The applicant alleged that he had been deprived of his right of access to a court as a result of the immunity from jurisdiction upheld by the domestic courts.This was a claim for unfair dismissal, brought before the French courts by the head of the accounts department of the Kuwaiti embassy in … Continue reading Sabeh El Leil v France: ECHR 29 Jun 2011
The applicants were relatives of persons who had been killed in the NATO air-raid on Belgrade in 1999. The raid was said to be an act of war in violation of international law. It had been launched from bases in Italy. The Corte de Cassazione had held that by a rule of substantive law the … Continue reading Markovic and Others v Italy: ECHR 14 Dec 2006
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
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
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
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 immunity. Held: A claim in libel was defeated by a claim of sovereign immunity. … Continue reading Holland v Lampen-Wolfe: HL 20 Jul 2000
The court was asked whether, when a claim was issued towards the very end of a limitation period, but was then not served, and the claim was struck out, CPR Part 7.5(1) gave a further four months in which it could be resurrected at the discretion of a judge under section 33 of the 1980 … Continue reading Aktas v Adepta: CA 22 Oct 2010
Trustees in bankruptcy of bankrupt husbands successfully appealed for the removal of provisos delaying the operation of orders for sale made under s30 in respect of each husband’s matrimonial home for the benefit of that husband’s wife who had been declared by the judge at first instance to be an equal owner with the husband … Continue reading Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks: CA 1991
ECHR Article 6 Criminal proceedings Article 6-1 Access to court Decision to strike out civil claims alleging torture on account of immunity invoked by defendant State (the Kingdom of Saudi Arabia) and its officials: no violation Facts – The applicants alleged that they had been subjected to torture while in custody in the Kingdom of … Continue reading Jones And Others v The United Kingdom: ECHR 14 Jan 2014
Citations: [2014] EWCA Civ 1541 Links: Bailii Statutes: Civil Liability (Contribution) Act 1978, Limitation Act 1980 10 Jurisdiction: England and Wales Limitation Updated: 28 July 2022; Ref: scu.539387
The claimant sued various of those who had represented him in a claim against the Ministry of Defence. He believed that he had had to accept an inadequate sum in settlement after being at risk of losing the claim for non-prosecution. The defendant solicitors sought contribution from the solicitors who had taken over the case … Continue reading Luke v Kingsley Smith and Company and Others: QBD 23 Jun 2003
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed. Held: The defendant’s appeal succeeded. The court examined the history of the conditional discharge provided by counsel, and … Continue reading Clarke v Regina: CACD 12 Jun 2009
The court discussed whether a terrace of cottages was within the curtilage of an old factory which was a listed building. At first instance, Skinner J had held that they were, and that permission could not be granted for their demolition. The Council appealed. Held: The appeal failed. Stephenson LJ said: ‘The terrace has not … Continue reading Attorney-General ex relater Sutcliffe and Others v Calderdale Borough Council: CA 1982
The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who had carried out the test. The third party said that the claim was out of … Continue reading Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006
The landowner appealed against an enforcement notice issued with respect to a chain link fence erected along the driveway of his grade II listed building. He said the drive was not part of the curtilage of the building. Held: The inspector had been wrong to place significance on what he thought was the owners intentions … Continue reading Lowe v First Secretary of State and Another: Admn 6 Feb 2003
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006
Purchasers of a company sought to claim in negligence against the respondent actuaries in respect of a valuation of the company’s pension funds. Held: There was a paucity of authority as to when a duty of care was assumed. The words used and the subjective view of the information provider were not determinative, but in … Continue reading Precis (521) Plc v William M Mercer Ltd: CA 15 Feb 2005
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had … Continue reading Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004
Judges: Rose J Citations: [2015] EWHC 1676 (Ch), [2015] WLR(D) 262, [2015] 1 WLR 4881 Links: Bailii, WLRD Statutes: Civil Liability (Contribution) Act 1978 1(4) Jurisdiction: England and Wales Damages, Limitation Updated: 21 June 2022; Ref: scu.549253
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
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty. Held: ‘ . . . in building Little Heck Bridge on … Continue reading Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003
The claimant sought damages for conversion from the respondent auctioneers as bailees. The painting had been registered as stolen. It failed to achieve its reserve and had been returned. Held: It was for a bailee to prove that he had acted in good faith. That meant that he was not aware that the person for … Continue reading Marcq v Christe Manson and Woods (t/a Christies): QBD 29 Oct 2002
There were two foreign defendants who were each liable to the plaintiff. Held: The English court had jurisdiction to allocate the damages between them. Execution should not be stayed because the plaintiff should be allowed to retain the opportunity to commence that part of the proceedings, ie execution, in such jurisdiction as he thought fit. … Continue reading Arab Monetary Fund v Hashim and Others (Number 9): ChD 29 Jul 1994
Canlii (Supreme Court of Canada) Conflict of laws – Torts – Traffic accident – Injured parties not resident in province where accident occurred – Actions instituted in home provinces of injured parties – Whether lex fori or lex loci delicti should apply – If substantive law that of jurisdiction where accident occurred, whether limitation period … Continue reading Tolofson v Jensen: 1994
The court considered a defence to an assertion of adverse possession, that the plaintiff had given notice of his intention to recover the land: ‘no one, either lawyer or non-lawyer, would think that a householder ceases to be in possession of his house simply by reason of receiving a demand that he should quit. On … Continue reading Mount Carmel Investments Limited v Peter Thurlow Limited: CA 1988
The court upheld a decision that the defendant was the ruler of Bahawalpur State which had been an independent state prior to the passing of the Indian Independence Act 1947 and the accession of that State to the Dominion of Pakistan. It was decisive that the British government had stated in a letter first that … Continue reading Sayce v Ameer Ruler Sadig Mohommed Abbasi Bahawalpur State: CA 1952
The curtilage of a building is a small area around it. An assessment of whether a separate structure was within the curtilage which did not consider the distance between the various buildings must be incorrect in that it had omitted an essential consideration. A stable block lying some distance from a listed building should only … Continue reading Skerritts of Nottingham Limited v Secretary of State for Environment, Transport and Regions, Harrow London Borough Council: Admn 22 Mar 1999
The defendants sought to enter into evidence one part of a document, but the plaintiffs sought to have the remainder protected through legal professional privilege. Held: The entirety of the document was privileged, but by disclosing part, the plaintiffs had waived privilege in relation to the whole document. Templeman LJ said: ‘In Minter v Priest … Continue reading Great Atlantic Insurance v Home Insurance: CA 1981
B was appointed by NMCC as ‘Chief Executive to the MCC’. Held: He was not to be ’employed in assisting’ a JC within the meaning of the Regulations. On appointment as Chief Executive, B ceased to be a JC, and became an employee of the Committee, with an extensive written job description. Hutchison J accepted … Continue reading Bowden v Northamptonshire Magistrates Court Committee and Another: CA 16 Feb 1993
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015
The claimant made claims against two defendants. It had compromised the claim against one defendant, taking an assignment of that party’s claim against the remaining defendant and continued against that second defendant. Held: It could not be said that no liability remained (Lister), and the settlement was bona fide, though it had avoided a limitation … Continue reading Abbey National Bank plc v Matthews and Son (a Firm), David Gouldman and Co (a firm): ChD 21 Feb 2003
Police’s Complete Immunity was Too Wide (Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, which the police investigated and in respect … Continue reading Osman v The United Kingdom: ECHR 28 Oct 1998
Citations: [2018] EWHC 729 (TCC), [2018] WLR(D) 202 Links: Bailii Statutes: Liability (Contribution) Act 1978, Limitation Act 1980 10(1) 10(3) 10(4) Jurisdiction: England and Wales Limitation Updated: 25 April 2022; Ref: scu.620121
(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice through long delay. The Board was concerned as to its jurisdiction. Held: No appeal lay against … Continue reading The Attorney General for St Christopher and Nevis v Rodionov: PC 20 Jul 2004
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
The claimant, Spire, claimed an indemnity or contribution from the defendantin respect of damages and costs which it, Spire, has paid to Mr Jellett in settlement of a personal injuries claim brought by Mr Jellett against both Spire and Mr Brooke Morris J [2016] EWHC 2828 (QB) Bailii Civil Liability (Contribution) Act 1978 England and … Continue reading Spire Healthcare Ltd v Brooke: QBD 11 Nov 2016
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of … Continue reading Ashingdane v The United Kingdom: ECHR 28 May 1985
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
The claimant alleged that the defendant, her stepfather, had sexually and otherwise assaulted her when she was a child. He had pleaded guilty to one charge in 1978, and now said that the claim was out of time. The claimant sought the extension of time for the claim on a just and equitable basis under … Continue reading RAR v GGC: QBD 10 Aug 2012
Ms Gillick had made an application based on sex discrimination in the first place against an agency which had contracted out her services to various divisions of BP Chemicals Ltd. The Respondents were the Company which had done that and in their Notice of Appearance they disputed that there had been an employment relationship between … Continue reading Gillick v BP Chemicals: EAT 1993
A tenant complained to the landlord about his failure to repair. He ceased paying rent, and the landlord eventually distrained for rent by direct action. Held: The tenant was unable to claim a legal set-off because there was no context of legal proceedings upon which such a claim must depend, but nevertheless he was able … Continue reading Fuller v Happy Shopper Markets Ltd and Another: ChD 6 Mar 2001
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
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