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Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another: CA 13 Dec 2004

Liability Orders were made against the appellant in respect of non-domestic rates in respect of two properties. The orders were made in the absence of the appellant or any representative. Application for judicial review was made to re-open the hearing. Held: Though magistrates may have jurisdiction to re-open a criminal case, there was no corresponding … Continue reading Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another: CA 13 Dec 2004

London Borough of Islington v Ladele: EAT 19 Dec 2008

EAT RELIGION OR BELIEF DISCRIMINATION The claimant was a Registrar who, amongst other things, registered marriages. When the Civil Partnerships Act came into force, she refused to participate in registering such partnerships because to do so was inconsistent with her religious beliefs. The council insisted that she should undertake at least some of these duties, … Continue reading London Borough of Islington v Ladele: EAT 19 Dec 2008

Transport for London (Decision Notice): ICO 14 Nov 2011

The complainant requested information about the status of a piece of land, Transport for London’s (TfL) arrangement to clean it and its relevant cleaning policies under the Freedom of Information Act (‘the FOIA’). TfL didn’t respond in 20 working days and then took even longer to provide all the requested information. The complainant referred the … Continue reading Transport for London (Decision Notice): ICO 14 Nov 2011

Port of London Authority v Devere and 7 Others – 0733-0755: LRA 27 Feb 2013

LRA Rivers, Waterways and Foreshore – Trial of a preliminary issue as to whether the Applicant can establish documentary title to part of the bed and foreshore of the River Thames; the ‘ad medium filum’ rule; true construction of the words ‘in front of or immediately adjacent to’; Port of London Act 1908, sections 1, … Continue reading Port of London Authority v Devere and 7 Others – 0733-0755: LRA 27 Feb 2013

Rex v Marsham ex parte Pethick Lawrence: 1912

The magistrate had failed to swear a witness and purported to convict the applicant in that case. The case was reheard on sworn evidence. Held: The court refused to quash the conviction. The magistrate correctly treated the first hearing as ‘a nullity’ because ‘it proceeded on evidence which must have compelled this court to quash … Continue reading Rex v Marsham ex parte Pethick Lawrence: 1912

London Borough of Barnet v Unison and Another: EAT 19 Dec 2013

EAT Redundancy : Collective Consultation and Information – The Appellant is a local authority which was contemplating redundancies of staff and also transfers of some employees to third parties. The Employment Tribunal found that it had breached the consultation and information requirements in section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 … Continue reading London Borough of Barnet v Unison and Another: EAT 19 Dec 2013

British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the railway company obtained benefits over and above their contractual entitlement. The arbitrator stated a special case as to whether the plaintiffs … Continue reading British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912

Port of London Authority v David Frank Devere and 7 Others – 0755: LRA 27 Feb 2013

LRA Rivers, Waterways and Foreshore : Construction of Relevant Legislation – Trial of a preliminary issue as to whether the Applicant can establish documentary title to part of the bed and foreshore of the River Thames; the ‘ad medium filum’ rule; true construction of the words ‘in front of or immediately adjacent to’ [2013] EWLandRA … Continue reading Port of London Authority v David Frank Devere and 7 Others – 0755: LRA 27 Feb 2013

Port of London Authority v David Frank Devere and 7 Others (Rivers, Waterways and Foreshore): LRA 27 Feb 2013

Knuppfer v London Express Newspaper Ltd: HL 3 Apr 1944

The plaintiff complained that the defendant’s article was defamatory in implying that he was an agent of Hitler. He was representative in Great Britain of a political party of Russian emigres known as Mlado Russ or Young Russia. The total membership . .

Dayani v London Borough of Bromley: TCC 25 Nov 1999

The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .

Morris-Garner and Another v One Step (Support) Ltd: SC 18 Apr 2018

The Court was asked in what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have received in return for releasing the defendant from the obligation which he failed to . .

Port of London Authority v Devere and 7 Others: LRA 27 Feb 2013

References: [2013] EWLandRA 2011_0733-0755 Links: Bailii LRA Rivers, Waterways and Foreshore – Trial of a preliminary issue as to whether the Applicant can establish documentary title to part of the bed and foreshore of the River Thames; the ‘ad medium filum’ rule; true construction of the words ‘in front of or immediately adjacent to’; Port … Continue reading Port of London Authority v Devere and 7 Others: LRA 27 Feb 2013

Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others: ComC 7 Nov 2003

One party sought a declaration that arbitrators should have no jurisdiction to determine claims for commission said to be due to the Respondent chartering brokers. Held: Because he has in effect become a statutory assignee of the promisee’s right of action against the promisor and because, by reason of the underlying policy of section 1(4), … Continue reading Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others: ComC 7 Nov 2003

Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004

The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004

Morris v C W Martin and Sons Ltd: CA 1965

The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment. Held: The defendants were liable. Bailment includes as an element an assumption of responsibility by the … Continue reading Morris v C W Martin and Sons Ltd: CA 1965

Fulton Shipping Inc of Panama v Globalia Business Travel Sau: CA 21 Dec 2015

The charter of the ship ‘New Flameno’ was repudiated two years early. The owners sold it, making rather more profit than they would have if sold after the end of the term. The court was now asked how the profit should affect the loss claim on the repudiation. The arbitrator had set off the profit … Continue reading Fulton Shipping Inc of Panama v Globalia Business Travel Sau: CA 21 Dec 2015

Globalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama: SC 28 Jun 2017

The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price than would have been obtained had the charter continued for … Continue reading Globalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama: SC 28 Jun 2017

Staniforth v Lyall And Others: 27 Nov 1830

Defendants chartered a ship to New Zealand, where they were to load her, or by an agent there to give Plaintiff, the owner, notice that they abandoned the adventure; in which case they were to pay him 5001. The ship went to New Zealand, but found neither agent nor cargo there, and the captain made … Continue reading Staniforth v Lyall And Others: 27 Nov 1830

Borealis Ab v Geogas Trading Sa: ComC 9 Nov 2010

The parties had contracted for sale and purchase of butane for processing. It was said to have been contaminated. The parties now disputed the effect on damages for breach including on causation, remoteness, mitigation and quantum. Held: The recklessness of the defendant was an intervening act sufficient to affect the chain of causation. Judges: Gross … Continue reading Borealis Ab v Geogas Trading Sa: ComC 9 Nov 2010

Scott v Scott: HL 5 May 1913

Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913

J J Coughlan Ltd v Ruparelia and others: CA 21 Jul 2003

The defendant firm of solicitors had acted in a matter involving a fraud. One partner was involved in the fraud. The claimants sought to recover from the partnership. Held: ‘The issue is not how the transaction ought properly to be described, or whether, without distortion of language, it can be given the label of a … Continue reading J J Coughlan Ltd v Ruparelia and others: CA 21 Jul 2003

Westminster City Council v Ocean Leisure Limited: CA 21 Jul 2004

The claimant company owned property next to land which had been acquired to build a new bridge across the Thames. It sought compensation for disturbance to its business from the works. Held: The state of the law was complicated and unsatisfactory. Compensation was in fact payable, though by a circuitous route. There was no special … Continue reading Westminster City Council v Ocean Leisure Limited: CA 21 Jul 2004

Regina v West: 1964

The justices had purported to hear and determine an information of accessory after the fact of a larceny. Held: The action was a nullity; and thus the defendant’s acquittal was also a nullity. The justices had therefore not exhausted their jurisdiction and had not barred themselves from acting in their other and quite distinct capacity … Continue reading Regina v West: 1964

Smith v Scott: ChD 1973

It is not open to the court to reshape the law relating to the rights and liabilities of landowners by applying the principle of Donoghue v Stevenson [1932] AC 562 and thus saying that a landowner owed a duty of care to his neighbour when selecting his tenants. Where land is let by a landlord … Continue reading Smith v Scott: ChD 1973

Bannister v Clarke: 1920

The act of the justices in purporting to commit the appellant for trial on five informations was a nullity and thus did not deprive the justices of jurisdiction to hear those informations summarily at a subsequent date. Judges: Earl of Reading CJ Citations: [1920] JP 598 Citing: Followed – Rex v Marsham ex parte Pethick … Continue reading Bannister v Clarke: 1920

The Trustees of Clyde Navigation v Laird and Sons: HL 1883

The court was asked whether the Clyde Navigation Consolidation Act 1858 required dues to be paid on logs which were chained together and floated down the River Clyde. The evidence was that these dues had been levied and paid without protest for a quarter of a century. Held: Lord Watson said: ‘When there are ambiguous … Continue reading The Trustees of Clyde Navigation v Laird and Sons: HL 1883

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

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

Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016

The agricultural landlord sold part of his land subject to the respondent’s tenancy to the appellant. Before the transfer was registered, notices to quit were served by both the landlord and his buyer. The tenant challenged both notices in the County court, against whose finding and order that the notices were invalid, both defendants now … Continue reading Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

Bradburn v Great Western Rail Co: CEC 1874

The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant. Held: He was entitled to full damages as well as the payment from the insurer.Baron Piggott said: ‘I think that there would be no … Continue reading Bradburn v Great Western Rail Co: CEC 1874

Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001

Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence. Held: Undue influence is an equitable protection created to undo the effect of excess influence of one person over the will of another, though it should not always be presumed to arise from the existence … Continue reading Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc: HL 11 Oct 2001

Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council: CA 25 May 1990

The club had enjoyed a concession from the council to operate pleasure flights from the airport operated by the council. They were invited to bid for a new concession subject to strict tender rules. They submitted the highest bid on time, but the council staff did not open the bid until after the time, and … Continue reading Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council: CA 25 May 1990

Robins v Kordowski and Another: QBD 22 Jul 2011

The claimant solicitor said he had been defamed on the first defendant’s website (‘Solicitors from Hell’) by the second defendant. The first defendant now applied to set aside judgment entered by default. The claimant additionally sought summary disposal under section 8 of the 1996 Act. The second defendant had settled admitting his claims were unjustified. … Continue reading Robins v Kordowski and Another: QBD 22 Jul 2011

Von Hatzfeldt-Wildensburg v Alexander: ChD 26 Jul 1911

A purchaser wrote offering to purchase a house, saying acceptance was subject to her solicitor approving title, covenants, lease and form of contract. Held: It was not a complete contract capable of enforcement: ‘It appears to be well settled by the authorities that if the documents or letters relied on as constituting a contract contemplate … Continue reading Von Hatzfeldt-Wildensburg v Alexander: ChD 26 Jul 1911

Bath and North East Somerset Council v HM Attorney General, The Treasury Solicitor (Bona Vacantia): ChD 31 Jul 2002

Land was conveyed to the Council’s predecessor on condition that it be left available for use for sports and similar recreations, and left as an open space. It was now sought to develop the land as a home for a football club. The Council sought determination of whether the trusts were charitable, or whether it … Continue reading Bath and North East Somerset Council v HM Attorney General, The Treasury Solicitor (Bona Vacantia): ChD 31 Jul 2002

Lagden v O’Connor: HL 4 Dec 2003

The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought payment of the cost of the credit agreement. Held: A negligent driver … Continue reading Lagden v O’Connor: HL 4 Dec 2003

British Railways Board v Herrington: HL 16 Feb 1972

Land-owner’s Possible Duty to Trespassers The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser. Held: Whilst a land-owner owes no general duty of care to a trespasser, the creation by … Continue reading British Railways Board v Herrington: HL 16 Feb 1972

Fulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain: ComC 21 May 2014

The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after the full term of the charter. The arbitrator set off that … Continue reading Fulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain: ComC 21 May 2014

Jebsen v East and West India Dock Co: CCP 25 Feb 1875

Delay caused by a charterer in discharging cargo caused the shipowner to lose passengers whom he had contracted to carry but he was able to take the same passengers in another of his vessels. Held: The shipowners’ damages were not to be reduced on that account.In an action for breach of a contract for the … Continue reading Jebsen v East and West India Dock Co: CCP 25 Feb 1875

Prime Sight Ltd v Lavarello: PC 9 Jul 2013

(Gibraltar) Parties to a contract for the sale of land including the appellant company declared a purchase price which both knew to be false. Faced with insolvency proceedings, the appellant sought to challenge a claim for the full amount. Held: The company’s appeal succeeded. Parties are free to contract on their own terms and the … Continue reading Prime Sight Ltd v Lavarello: PC 9 Jul 2013

Mark v Mark: HL 30 Jun 2005

The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her presence here had come to be a criminal offence under the 1971 Act. Held: The authorities … Continue reading Mark v Mark: HL 30 Jun 2005

Parry v Cleaver: CA 9 May 1967

The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been purchased by contributions made by the plaintiff in the civilan scheme as to … Continue reading Parry v Cleaver: CA 9 May 1967

Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd: CA 20 Dec 1961

The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, and that the ship was fit to charter. Held: ‘authority over many decades and reason support the … Continue reading Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd: CA 20 Dec 1961

Bacciottini and Another v Gotelee and Goldsmith (A Firm): CA 18 Mar 2016

A property subject to a planning condition was purchased by the appellant under the advice of the respondent, who failed to notify him of the existence of a planning condition. The judge had awarded the claimant pounds 250 being the cost of the successful application for the removal of the condition. The claimant sought pounds … Continue reading Bacciottini and Another v Gotelee and Goldsmith (A Firm): CA 18 Mar 2016

Ruxley Electronics and Construction Ltd v Forsyth: HL 29 Jun 1995

Damages on Construction not as Agreed The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner against a builder at the cost … Continue reading Ruxley Electronics and Construction Ltd v Forsyth: HL 29 Jun 1995

Thompson v Bee and Another: CA 20 Nov 2009

The parties disputed the extent and nature of the use allowed for an unregistered but express right of way. The track had been obtained by use for agriculture. The dominant owner appealed against a finding that it was limited to agricultural use, and that use as an access for a new residential development was beyond … Continue reading Thompson v Bee and Another: CA 20 Nov 2009

Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

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

Dimond v Lovell: HL 12 May 2000

A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled. Held: The arrangement was a consumer credit … Continue reading Dimond v Lovell: HL 12 May 2000

Shergill and Others v Khaira and Others: SC 11 Jun 2014

The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. Held: The appeal was allowed. The matter was justiciable and should … Continue reading Shergill and Others v Khaira and Others: SC 11 Jun 2014

Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be transferred only if the claimant’s brother paid all the Inheritance Tax. It was transferred … Continue reading Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

Myers v Elman: HL 1939

The solicitor had successfully appealed against an order for a contribution to the other party’s legal costs, after his clerk had filed statements in court which he knew to be misleading. The solicitor’s appeal had been successful. Held: The Court of Appeal’s decision was reversed. The plaintiff was not asking the court to exercise its … Continue reading Myers v Elman: HL 1939

Gilmour v Coats: HL 1949

Prayers Alone did not make Convent Charitable A trust to apply the income of a fund for all or any of the purposes of a community of Roman Catholic Carmelite nuns living in seclusion and spending their lives in prayer, contemplation and penance, was not charitable because it could not be shown that it conferred … Continue reading Gilmour v Coats: HL 1949

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 . .

Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others: Comm 7 Nov 2003