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VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

OPO v MLA and Another: CA 9 Oct 2014

The claimant child sought to prevent publication by his father of an autobiography which, he said, would be likely to cause him psychological harm. The father was well known classical musician who said that he had himself suffered sexual abuse as a child. The claimant’s mother said that he would suffer harm by the publication. … Continue reading OPO v MLA and Another: CA 9 Oct 2014

Anton Durbeck Gmbh v Den Norske Bank Asa: ComC 11 Nov 2005

The defendant bank arrested a ship carrying the claimant’s load of bananas. The cargo deteriorated while under arrest and was lost. It was not insured. The consignee sought damages from the arresting bank on the ground that it wrongfully interfered with the performance of the bill of lading contracts. Held: The applicable law was that … Continue reading Anton Durbeck Gmbh v Den Norske Bank Asa: ComC 11 Nov 2005

Jacobs v Motor Insurers Bureau: CA 27 Oct 2010

The claimant was injured when struck by a car in Spain, driven by an uninsured driver. He claimed here against the MIB. The 2003 Regulations under which he claimed had not been updated for the 2007 EU Regulations. The parties disputed which law would apply to assessment of damages. Held: The appeal succeeded. The Regulations … Continue reading Jacobs v Motor Insurers Bureau: CA 27 Oct 2010

Morin v Bonhams and Brooks Limited Bonhams and Brooks S A M: CA 18 Dec 2003

The claimant had bought a vintage Ferrari motor car through the defendant auctioneers in Monaco but sought rescission after it appeared that the odometer had been altered. The auction conditions purported to exclude any description of the car. He appealed against refusal of a request for leave to serve the defendant outside the jurisdiction.Mance LJ … Continue reading Morin v Bonhams and Brooks Limited Bonhams and Brooks S A M: CA 18 Dec 2003

Atlantic Computing Services (UK) Limited v Burns Express Freight Limited: IHCS 2 Dec 2003

A contract was made for the delivery of goods from England to Scotland. The lorry and goods were damaged by fire on the M25. The defenders appealed an order that the 1856 Act applied to allow recovery in Scotland. Held: The Act precluded application outside Scotland. It was not appropriate to apply the Act by … Continue reading Atlantic Computing Services (UK) Limited v Burns Express Freight Limited: IHCS 2 Dec 2003

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

Edmunds v Simmonds: QBD 4 Oct 2000

The claimant suffered damages in a road traffic accident in Spain caused by the respondent. A Spanish court would have allowed much lower damages. Such damages should normally be assessed in accordance with the law of the country where the accident happened, but the Act allowed other applicable law to be considered. In this case, … Continue reading Edmunds v Simmonds: QBD 4 Oct 2000

Hulse and Others v Chambers and Another: CA 13 Jul 2001

A claimant in England sought damages for personal injuries for an accident which had occurred in Greece. Although the law which decided liability was the law of Greece, the calculation of damages is a procedural issue, and in an English court was to be assessed according to English rules. The assessment of damages remained in … Continue reading Hulse and Others v Chambers and Another: CA 13 Jul 2001

Husayn (Zubaydah) v The Foreign and Commonwealth Office and Others: QBD 19 Feb 2021

Allegation that representatives of the defendant had taken advantage of the claimant’s illegal imprisonment and torture by the CIA, to have questions put to him. The court now looked at which law would apply. Judges: Mr Justice Lane Citations: [2021] EWHC 331 (QB), [2022] 4 WLR 40 Links: Bailii Statutes: Private International Law (Miscellaneous Provisions) … Continue reading Husayn (Zubaydah) v The Foreign and Commonwealth Office and Others: QBD 19 Feb 2021

Harding v Wealands: CA 17 Dec 2004

The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied. Held: The general rule in section 11 was not to be displaced. Roerig implied a bright line between matters of assessment and heads … Continue reading Harding v Wealands: CA 17 Dec 2004

Cox v Ergo Versicherung Ag: CA 25 Jun 2012

The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law. Held: ‘There is no difficulty in identifying the critical issues on this appeal for the … Continue reading Cox v Ergo Versicherung Ag: CA 25 Jun 2012

Smith v Skanska Construction Services Ltd: QBD 29 Jul 2008

The court considered whether the driver of a vehicle involved in a fatal road accident in Thailand was driving within the authority of the UK employers. The driver was not an employee but had authority to use company vehicles for tasks for the company. He had previously been banned from driving such vehicles but that … Continue reading Smith v Skanska Construction Services Ltd: QBD 29 Jul 2008

Ministry of Defence v Iraqi Civilians: SC 12 May 2016

Iraqi citizens claimed to have suffered unlawful detention and/or physical maltreatment from British armed forces in Iraq between 2003 and 2009. The claims were brought in tort in England against the Ministry of Defence, but the torts were governed by Iraqi law. Under the 1984 Act where a claim is brought in England but governed … Continue reading Ministry of Defence v Iraqi Civilians: SC 12 May 2016

Acts

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