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Regina v Secretary of State for Transport ex parte Factortame Limited and others: CA 31 Jul 1997

The court was asked to award damages for the failure of the respondent to comply with European Law, on the basis that the provisions of the Act discriminated against nationals of other member states. Judges: The Master Of The Rolls (Lord Woolf) Lord Justice Schiemann Lord Justice Robert Walker Citations: [1997] EWCA Civ 2264 Statutes: … Continue reading Regina v Secretary of State for Transport ex parte Factortame Limited and others: CA 31 Jul 1997

Regina v Bow St Stipendiary Magistrate Ex Parte South Coast Shipping and Others: QBD 18 Nov 1992

A private prosecution was allowed after the Director of Public Prosecutions decided not to prosecute in the case of the deaths in the sinking of the Bowbelle Marchioness. Lloyd LJ discussed what would amount to abuse of process: ‘Manipulation or misuse of the prosecution process I do not doubt Mr Glogg wanted a full scale … Continue reading Regina v Bow St Stipendiary Magistrate Ex Parte South Coast Shipping and Others: QBD 18 Nov 1992

Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989

The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference to the European Court. Held: This was dispute in law, and an English Court did not have power to … Continue reading Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989

Seabord Offshore Ltd v Secretary of State for Transport (The Safe Carrier): HL 25 Mar 1994

The House was asked whether a ship manager was legally responsible for the acts of the ship’s chief engineer under s31(1) of the Merchant Shipping Act 1988, which imposed a duty on the manager to take all reasonable steps to secure that the ship was . .

Seaboard Offshore Ltd v Secretary of State Transport: QBD 24 Mar 1993

A company is not vicariously liable for the failure of the Captain of ship to comply with the section. The section was not framed so as to appear to give rise to criminal liability of an employer for acts of an employee in such circumstances. The owner did not have personal vicarious liability for everything … Continue reading Seaboard Offshore Ltd v Secretary of State Transport: QBD 24 Mar 1993

Ullapool Harbours Trustees v Secretary of Sates for Transport (Scotland): OHCS 13 Apr 1995

The Secretary of State’s power to prevent a ship going to sea overrode the Harbour-master’s rights. Citations: Times 13-Apr-1995 Statutes: Merchant Shipping Act 1988 30A Transport Updated: 10 April 2022; Ref: scu.90047

Regina v St Regis Paper Company Ltd: CACD 4 Nov 2011

The court was asked as to the extent which the appellant, St. Regis Paper Company Limited, could be held criminally liable for intentionally making a false entry in a record required for environmental pollution control in its application to offences requiring proof of mens rea. Moses LJ, Nicola Davies, Gilbert QC JJ [2011] EWCA Crim … Continue reading Regina v St Regis Paper Company Ltd: CACD 4 Nov 2011

Odyssey Re (London) Ltd (Formerly Sphere Drake Insurance Plc) and Another v OIC Run-Off Ltd (Formerly Orion Insurance Co Plc): Admn 15 Feb 2000

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NYK Bulkship (Atlantic) Nv v Cargill International Sa: ComC 1 Feb 2013

The ship (Global Santosh), having been found with illicit drugs, was arrested in error, leading to considerable delays in unloading the cement cargo. The charterparty period off-hire clause (NYPE form) was applied and hire withheld by the head charterers. Construction of the meaning and effect of an off-hire clause contained in a time charter. Held: … Continue reading NYK Bulkship (Atlantic) Nv v Cargill International Sa: ComC 1 Feb 2013

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002

The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under Dutch law was different, with all benefits deducted from any compensation awarded. … Continue reading Roerig v Valiant Trawlers Ltd: CA 28 Jan 2002

Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000

Standard Conract – Wide Exclusions, Apply 1977 Act The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages. Held: Even though Wang had been ready to amend one or two of its … Continue reading Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000

Ultraframe (UK) Ltd v Fielding and others: ChD 27 Jul 2005

The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .