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Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004

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

Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 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

Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd: TCC 22 Jul 2004

Citations: [2004] EWHC 1778 (TCC) Links: Bailii Statutes: Limitation Act 1980 35 Jurisdiction: England and Wales Citing: Appealed to – Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd CA 17-Feb-2005 The defendant appealed an order adding two new claimants. Held: Cases decided under the old RSC were not apposite for matters covered by the … Continue reading Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd: TCC 22 Jul 2004

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

Wilkinson and Another v West Bromwich Building Society: CA 30 Jul 2004

The Society had repossessed and sold the mortgagors’ house in 1990. It knew then that there was a shortfall, but took no further recovery proceedings until 2002. What was the date from which the relevant limitation period began to run? Though the deed provided for payment of monthly instalments, it did not include an express … Continue reading Wilkinson and Another v West Bromwich Building Society: CA 30 Jul 2004

Buckler v J F Finnegan Ltd: CA 21 Jun 2004

The claimant sought damages for personal injuries after ingesting asbestos while employed as a joiner by the defendant. The defendant appealed an order allowing the claim to go ahead despite being out of time. Citations: [2004] EWCA Civ 920 Links: Bailii Statutes: Limitation Act 1980 33 Jurisdiction: England and Wales Citing: Cited – KR and … Continue reading Buckler v J F Finnegan Ltd: CA 21 Jun 2004

Parsons and Another v George and Another: CA 13 Jul 2004

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

Haward and Others v Fawcetts (A Firm) and Another: CA 11 Mar 2004

The court looked at the date from which the limitation period ran in an action for professional negligence: ‘It is clear from the words of the section itself . . that it is concerned with knowledge of facts, as opposed to knowledge of matters of law. In particular, subsection (9) specifically excludes knowledge that the … Continue reading Haward and Others v Fawcetts (A Firm) and Another: CA 11 Mar 2004

Williams v Fanshaw Porter and Hazelhurst: CA 18 Feb 2004

The claimant alleged that her solicitors had concealed from her the fact that they had entered a consent order which dismissed her claim for medical negligence. Held: The solicitor had failed to inform the client that her original claim against a doctor had been struck out although he was aware at the time that it … Continue reading Williams v Fanshaw Porter and Hazelhurst: CA 18 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

Robert Mark Gordon v J B Wheatley and Co (a Firm): CA 24 May 2000

The defendant solicitors had negligently advised the claimant in connection with a mortgage scheme he operated for customers. His case was that the defendants had negligently failed to advise him to register under s3 of the 1986 Act. The claimant had to underwrite his customers’ losses because of his failure to register. The SIB began … Continue reading Robert Mark Gordon v J B Wheatley and Co (a Firm): CA 24 May 2000

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

Simpson v Norwest Holst Southern Ltd: CA 1980

The court considered the effect on limitation of a person taking steps to disguise the identity of a potential defendant. Held: Where the employer’s identity had been ‘hidden’ under mere reference to a corporate group, the date of knowledge only came when the employee learned his employer’s actual name. Citations: [1980] 1 WLR 968 Statutes: … Continue reading Simpson v Norwest Holst Southern Ltd: CA 1980

Gaud v Leeds Health Authority: CA 14 May 1999

A claim against an employer for a failure to give advice which might have mitigated personal injury is not itself a claim for personal injuries, and so is subject to the normal three year limitation period. Citations: Times 14-May-1999 Statutes: Limitation Act 1980 11 Jurisdiction: England and Wales Personal Injury, Limitation Updated: 10 May 2022; … Continue reading Gaud v Leeds Health Authority: CA 14 May 1999

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

HF Pension Trustees Ltd v Ellison and Others: ChD 24 Feb 1999

In an allegation of professional negligence which had lead to a transfer of funds, time ran for limitation purposes from the time of the transfer, and not from the point later when it became apparent that the legal advice may have been negligent. A solicitor had advised that a transfer of pension funds was lawful, … Continue reading HF Pension Trustees Ltd v Ellison and Others: ChD 24 Feb 1999

Jacobs v Sesame Ltd: CA 30 Oct 2014

Whether the Respondent/Claimant, Mrs Jacobs, can take advantage of the provisions of s.14A of the Limitation Act 1980 in order to pursue a claim in negligence against the Appellant/Defendant which is otherwise time-barred. Judges: Lord Justice Tomlinson Citations: [2014] EWCA Civ 1410 Links: Bailii Jurisdiction: England and Wales Limitation Updated: 07 May 2022; Ref: scu.538188

The Law Society v Sephton and Co and others: ChD 2004

The Law Society claimed in negligence against the defendant firm of accountants who had wrongly certified the accounts of a firm of solicitors. The Society sought to recover the payments it had made from its compensation fund. The defendant pleaded limitation. Held: The court ruled against the Society holding that the cause of action had … Continue reading The Law Society v Sephton and Co and others: ChD 2004

Regina v Secretary of State for Transport, ex parte Factortame (No 7): TCC 27 Nov 2000

Breaches of articles in the European Treaty by the UK government were tortious in nature, and the appropriate limitation period for claiming was governed by section 2 (six years). The government had failed to allow European fishing vessels into its waters, and had made itself liable for damages. Once this became clear, applicants sought to … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 7): TCC 27 Nov 2000

Mortgage Corporation v Lambert and Co (A Firm) and Another: CA 24 Apr 2000

If it was alleged that a lender could should have been aware of an overvaluation of a property so as to start the limitation clock, the owner must satisfy the court that it was reasonable at the time alleged for the lender have become obliged to obtain a retrospective valuation. That burden was not carried … Continue reading Mortgage Corporation v Lambert and Co (A Firm) and Another: CA 24 Apr 2000

In Re A Debtor (No 647-Sd-1999): ChD 10 Apr 2000

A statutory demand by the Inland Revenue, which was based upon a debt which was statute barred, was not supportable and had to be set aside. The demand was based upon the judgement obtained by the Inland Revenue, and not upon the underlying tax debt. The limitation arrangements were different. Citations: Times 10-Apr-2000 Statutes: Limitation … Continue reading In Re A Debtor (No 647-Sd-1999): ChD 10 Apr 2000

E D and F Man (Sugar) Ltd v Haryanto: ChD 24 Nov 1995

Enforcement by judgment on co-ordinate jurisdiction judgment is discretionary: ‘ . . having regard to the decision in Re A Debtor [1977] Ch 310 that s 24(1) of the 1980 Act bars after six years rights of action including proceedings in the form of bankruptcy proceedings, based on an earlier judgment.’ Judges: Patten J Citations: … Continue reading E D and F Man (Sugar) Ltd v Haryanto: ChD 24 Nov 1995

D B Ramsden and Co Ltd v Nurdin and Peacock Plc and Another: ChD 14 Sep 1998

The tenant overpaid rent, including a payment in May 1997 on advice that the payment would be recoverable following litigation establishing that it was an overpayment. The court later held that the payments in question were indeed overpayments. The plaintiff then sought repayment of the sums overpaid (including the payment made in May 1997), on … Continue reading D B Ramsden and Co Ltd v Nurdin and Peacock Plc and Another: ChD 14 Sep 1998

Regina v Her Majesty’s Coroner at Hammersmith ex parte Peach: CA 1980

A coroner was obliged to sit with a jury under the section 13(2) of the 1926 Act where the deceased, who was watching a demonstration, was struck a violent blow on the back of his head from which he died.Bridge LJ said: ‘The key to the nature of that limitation is to be found, I … Continue reading Regina v Her Majesty’s Coroner at Hammersmith ex parte Peach: CA 1980

AIB Group (UK) Plc v Mark Redler and Co Solicitors: SC 5 Nov 2014

Bank not to recover more than its losses The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to be secured by … Continue reading AIB Group (UK) Plc v Mark Redler and Co Solicitors: SC 5 Nov 2014

Otuo v Watchtower Bible and Tract Society of Britain: CA 9 Mar 2017

Appeal against refusal to excuse claim in slander being out of time. The claim was in respect of the claimant being ‘disfellowed’ by the Society. Held: The claim form was in fact issued one day within the period. Appeal allowed. Judges: Sir Geoffrey Charles Vos Ch, Gloster, Sharp LJJ Citations: [2017] EWCA Civ 136 Links: … Continue reading Otuo v Watchtower Bible and Tract Society of Britain: CA 9 Mar 2017

Rudall v The Crown Prosecution Service and Another: QBD 14 Nov 2016

The claimant solicitor alleged that the repeated and failed prosecutions of him and the obtaining of search warrants had been an improper attempt to stop him practising. Phillips J [2016] EWHC 2884 (QB) Bailii Limitation Act 1980 32 England and Wales Administrative, Limitation, Torts – Other Updated: 25 January 2022; Ref: scu.571115

Rowe v Kingston-Upon-Hull City Council and Another: CA 24 Jul 2003

The claimant sought damages for a breach of duty by his teachers which had happened before 1991. He argued that 3(1) of the HRA should affect the construction of section 14(1) of the 1980 Act. [2003] EWCA Civ 1281, [2003] ELR 771 Bailii Limitation Act 1980 14 33, Human Rights Act 1980 14(1) England and … Continue reading Rowe v Kingston-Upon-Hull City Council and Another: CA 24 Jul 2003

Duke of Brunswick v Harmer: QBD 2 Nov 1849

On 19 September 1830 an article was published in the Weekly Dispatch. The limitation period for libel was six years. The article defamed the Duke of Brunswick. Seventeen years after its publication an agent of the Duke purchased a back number containing the article from the Weekly Dispatch’s office. Another copy was obtained from the … Continue reading Duke of Brunswick v Harmer: QBD 2 Nov 1849

County Leasing Asset Management Ltd and Others v Hawkes: CA 4 Dec 2015

The court was asked as to the principles applicable to the court’s discretion, when making an order for the restoration to the register of a dissolved company, to order that the running of time for the bringing of claims by the company for the purposes of the Limitation Act 1980 should be suspended during all … Continue reading County Leasing Asset Management Ltd and Others v Hawkes: CA 4 Dec 2015

Parissis v Blair Court St Johns Wood Management Ltd: UTLC 11 Nov 2014

UTLC LANDLORD AND TENANT – service charges – application by tenant under section 27A of the Landlord and Tenant Act 1985 for a determination of the service charges payable in respect of periods more than six years prior to the date of application – preliminary decision of LVT finding appellant time barred on basis of … Continue reading Parissis v Blair Court St Johns Wood Management Ltd: UTLC 11 Nov 2014

Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021

Claim included in statement of case covering multiple references filed within time – notice of reference filed after expiry of limitation period – whether claim referred to Tribunal within time – s.1, Land Compensation Act 1961 – s.9, Limitation Act 1980 – rr.7 and 28, Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 Martin Rodger, … Continue reading Five Oaks Land Ltd v London Borough of Redbridge (Compensation – Limitation): UTLC 2 Dec 2021

Russo and Others v Clarke and Another (Easements and Profits A Prendre : Easements of Parking): LRA 3 Feb 2014

LRA Easements of right of way and right to park; Doctrine of Lost Modern Grant, Prescription Act 1832 ss. 2, 4; requirement for a suit or action; deviation of a right of way; section 15(1) of the Limitation Act 1980; permissive use; [2014] EWLandRA 2012 – 0600 Bailii Prescription Act 1832 2 4, Limitation Act … Continue reading Russo and Others v Clarke and Another (Easements and Profits A Prendre : Easements of Parking): LRA 3 Feb 2014

Yorkshire Bank Finance Ltd v Mulhall and Another: CA 24 Oct 2008

The bank had obtained a judgement against the defendant, and took a charging order. Nothing happened for more than twelve years, and the defendant now argued that the order and debt was discharged. Held: The enforcement of the charging order by normal means is not barred by section 20(1), and unlike the position under a … Continue reading Yorkshire Bank Finance Ltd v Mulhall and Another: CA 24 Oct 2008

Reed Elsevier Uk Ltd (T/A Lexisnexis) and Another v Bewry: CA 30 Oct 2014

Appeal from a decision granting the claimant’s application made pursuant to section 32A of the Limitation Act 1980 to disapply the limitation period in his proceedings for libel and dismissing the defendants’ application to strike out the claimant’s claim under CPR rule 3.4(2). Held: The defendant’s appeal succeeded. The judge had incorrectly assessed the reasons … Continue reading Reed Elsevier Uk Ltd (T/A Lexisnexis) and Another v Bewry: CA 30 Oct 2014

Burnden Holdings (UK) Ltd v Fielding and Another: ChD 5 Sep 2014

The company sought to recover from the defendants, two former directors. Held: The claim was statute barred.Hodge QC dealt with the claimant’s reliance on section 32: ‘That leaves the claimant’s reliance upon section 32. There the difficulties that the claimant faces are that there are no facts sufficiently asserted to give rise, in my judgment, … Continue reading Burnden Holdings (UK) Ltd v Fielding and Another: ChD 5 Sep 2014

Sutherland Shire Council v Heyman: 4 Jul 1985

(High Court of Australia) The court considered a possible extension of the law of negligence. Brennan J said: ‘the law should develop novel categories of negligence incrementally and by analogy with established categories. ‘Dean J said: ‘The requirement of proximity is directed to the relationship between the parties in so far as it is relevant … Continue reading Sutherland Shire Council v Heyman: 4 Jul 1985

OT Computers Ltd v Infineon Technologies Ag and Another: CA 14 Apr 2021

‘This appeal is concerned with the words ‘until the plaintiff has discovered the . . concealment . . or could with reasonable diligence have discovered it’ in section 32(1) of the Limitation Act 1980. Specifically, how does that section apply when the defendant deliberately conceals a relevant fact so that (1) it cannot reasonably be … Continue reading OT Computers Ltd v Infineon Technologies Ag and Another: CA 14 Apr 2021

Mercer Ltd and Another v Ballinger and Another: CA 17 Jul 2014

The court was asked as to the circumstances in which the court could allow an amendment of pleadings so as to allow an additional claim where the action would otherwise be outside the limitation period. Dyson L MR, Tomlinson, Briggs LJJ [2014] EWCA Civ 996, [2014] WLR(D) 335 Bailii, WLRD Limitation Act 1980 35 England … Continue reading Mercer Ltd and Another v Ballinger and Another: CA 17 Jul 2014

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

IGE USA Investments Ltd and Others v Revenue and Customs: CA 14 Apr 2021

Whether the six-year limitation period for claims founded on the tort of deceit, under section 2 of the Limitation Act 1980 (‘LA 1980’ or ‘the 1980 Act’), at least arguably applies ‘by analogy’, pursuant to section 36(1) of the 1980 Act, to a claim for equitable rescission of a contract for fraudulent misrepresentation. Lord Justice … Continue reading IGE USA Investments Ltd and Others v Revenue and Customs: CA 14 Apr 2021

J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002

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

Topplan Estates Ltd v David Townley: CA 27 Oct 2004

The registered proprietor of land appealed a finding that the defendant had established adverse possession of their land. The claimant had occupied it as part of his farm. Originally there had been a grazing tenancy. The tenancy was terminated, and the land sold, but he did not vacate the land. The new owner granted a … Continue reading Topplan Estates Ltd v David Townley: CA 27 Oct 2004

Collins v Secretary of State for Business Innovation and Skills and Others: CA 23 May 2014

The claimant appealed against rejection of his claim for personal injury which had been rejected on basis that it was out of time. He had contracted cancer in 2002, but had recovered. He later came to attribute this to exposure to asbestos at work in the docks up to 1967. He made his claim in … Continue reading Collins v Secretary of State for Business Innovation and Skills and Others: CA 23 May 2014

Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014

The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the 2002 Order. That Order was now said to be ineffective. Held: … Continue reading Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014

Evans v Amicus Healthcare Ltd and others: CA 25 Jun 2004

The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use. Held: The judge worked within a strict statutory framework. His task was to calculate the application of that law, … Continue reading Evans v Amicus Healthcare Ltd and others: CA 25 Jun 2004

Ministry of Defence v AB and Others: SC 14 Mar 2012

The respondent Ministry had, in 1958, conducted experimental atmospheric explosions of atomic weapons. The claimants had been obliged as servicemen to observe the explosions, and appealed against dismissal of their claims for radiation sickness under the 1980 Act. They said that they had only acquired the knowledge to found an action in 2007 on the … Continue reading Ministry of Defence v AB and Others: SC 14 Mar 2012

Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

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

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

Photo Production Ltd v Securicor Transport Ltd: HL 14 Feb 1980

Interpretation of Exclusion Clauses The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the factory. It was an unresolved issue whether the employee intended to … Continue reading Photo Production Ltd v Securicor Transport Ltd: HL 14 Feb 1980

Dairy Containers Ltd v Tasman Orient Line Cv: PC 20 May 2004

PC (New Zealand) The appeal concerned the correct interpretation of a damage limitation clause in a contract for the carriage of goods by sea. Held: Clause 6(B)(b)(i) must be construed in the context of the contract as a whole. The general rule is that if a party, otherwise liable, is to exclude or limit his … Continue reading Dairy Containers Ltd v Tasman Orient Line Cv: PC 20 May 2004

Lamont-Perkins v Royal Society for The Prevention of Cruelty To Animals (RSPCA): Admn 24 Apr 2012

The defendant had been convicted of animal cruelty. She appealed to the Crown Court, and now appealed against rulings made by the judge as to the time limits for a prosecution under the 2006 Act in the Magistrates Court. She said that the RSPCA conducting a private prosecution was not a ‘prosecutor’ able to take … Continue reading Lamont-Perkins v Royal Society for The Prevention of Cruelty To Animals (RSPCA): Admn 24 Apr 2012

Phillips and Others v Vaughan: LRA 4 Mar 2016

LRA Application to close registered title by documentary title owners/ first registration of possessory title based on adverse possession/ Whether factual and mental elements of adverse possession established/ Whether the occupation was with consent/ Whether witness statements made by their apparent author/ whether a witness offered an inducement to give evidence/ Whether a further adjournment … Continue reading Phillips and Others v Vaughan: LRA 4 Mar 2016

Practice Statement (Judicial Precedent): HL 1966

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

Williams v Central Bank of Nigeria: SC 19 Feb 2014

Bank not liable for fraud of customer The appellant sought to make the bank liable for a fraud committed by the Bank’s customer, the appellant saying that the Bank knew or ought to have known of the fraud. The court was asked whether a party liable only as a dishonest assistant was a trustee, and … Continue reading Williams v Central Bank of Nigeria: SC 19 Feb 2014

Watkins and Another v Jones Maidment Wilson (A Firm): CA 4 Mar 2008

The claimants alleged professional negligence by the defendant solicitors in advising them to agree to a postponment of a completion. The defendants raised as a preliminary issue the question of limitation. The claimant said that the limitation period did not commence until the damage became more than contingent. Held: The claimant’s appeal failed. Arden LJ … Continue reading Watkins and Another v Jones Maidment Wilson (A Firm): CA 4 Mar 2008

Turcu v News Group Newspapers Ltd: QBD 4 May 2005

Chilling effect of defamation costs structures Eady J said: ‘The claimant in these proceedings is seeking damages against News Group Newspapers Ltd, as publishers of The News of the World, in respect of articles appearing in the editions of that newspaper dated 3 November 2002 . . He issued his claim form under an assumed … Continue reading Turcu v News Group Newspapers Ltd: QBD 4 May 2005

OMV Petrom Sa v Glencore International Ag: ComC 7 Feb 2014

The claimant sought to have struck out as abuse of process parts of the defence, saying that the factual issues raised had already been resolved in arbitration proceedings, but as against a different oarty. The defendant replied that the arbitration had been confidential to the parties to it. Held: The application was refused. Independently of … Continue reading OMV Petrom Sa v Glencore International Ag: ComC 7 Feb 2014

David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others: SC 30 Jul 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

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

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

McDonnell and Another v Walker: CA 24 Nov 2009

The defendant appealed against the disapplication of section 11 of the 1980 Act under section 33. Held: The appeal succeeded. The defendant had not contributed significantly to the delay: ‘the defendant received claims quite different in magnitude from anything notified to them before, almost seven years to the day after the accident, and where there … Continue reading McDonnell and Another v Walker: CA 24 Nov 2009

Adams v Bracknell Forest Borough Council: HL 17 Jun 2004

A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the depression, panic and lack of self-esteem which he suffered. He consulted his doctor about … Continue reading Adams v Bracknell Forest Borough Council: HL 17 Jun 2004