ECHR Article 10-1 Freedom to impart information Freedom to receive information Award of costs against journalists for destroying evidence in order to protect their sources: inadmissible Facts – The first applicant was a correspondent on and the second applicant the editor of the Irish Times. In 2006 the newspaper published an article containing references to … Continue reading Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this interfered with their constitutioinal and human rights to freedom of thought, freedom of expression and freedom from discrimination. Held: The motive in closing … Continue reading Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla: PC 14 Feb 2001
Contract. Contract for erection of water treatment works. Whether still in force in relation to a new site when planning permission for original site refused. Effect of express term: ‘Should planning permission be refused and the Works moved to an alternative site ….’. Warranty. Warranty that ‘solids removed …. generally 60 – 90% of the … Continue reading JFS (UK) Limited (Previously Johnson Filtration Systems Limited), USF Surface Preparations Limited (Previously Tilghman Wheelabrator Limited) v Dwr Cymru Cyf: TCC 14 Jan 1999
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, three of his officers, were selling confidential information to criminals. He ordered their telephones to … Continue reading Attorney General’s Reference (No 5 of 2002): HL 14 Oct 2004
UTIAC (1) A removal decision under s. 47 of the Immigration, Asylum and Nationality Act 2006 cannot be made in respect of a person until written notice of the decision to refuse to vary that person’s leave to remain has been given to that person. The current practice of the Secretary of State to incorporate … Continue reading Ahmadi (S47 Decision: Validity; Sapkota) Afghanistan: UTIAC 14 May 2012
The Act 23 and 24 Vict. c. 127, enacts, sec. 28-‘In every case in which an attorney or solicitor shall be employed to prosecute or defend any suit, matter, or proceeding in any court of justice, it shall be lawful for the court . . to declare such attorney or solicitor entitled to a charge … Continue reading North v Stewart: HL 14 Jul 1890
The General Police and Improvement (Scotland) Act 1862, by section 162, provides that ‘When any house or building, any part of which projects beyond the regular line of the street, or beyond the front of the house or building on either side thereof, has been taken down in order to be altered, or is to … Continue reading Magistrates of Galashiels v Schulze: HL 14 May 1895
Application for permission to appeal an order that was made by Deputy District Judge Stanton on 8th July 2014 when, in effect, she dismissed the applicant husband’s application for financial provision and directed that he return a Porsche motor car to the respondent wife and imposed a clean break. Moor J [2014] EWHC 4305 (Fam) … Continue reading SR v RS: FD 19 Nov 2014
Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request. Held: The appeal were solely as to the way the lapse of time may be relevant to whether or not it wa … Continue reading Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014
The parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of services pending arbitration. The court now gave its reasons for refusing the injunction. Stuart-Smith J [2014] … Continue reading AB v CD: QBD 3 Jan 2014
IPO The defendant/patentee in this action for revocation submitted that the claimant should be estopped from continuing on the grounds that invalidity had already been put at issue in two previous proceedings. An order for security for costs against the claimant was also requested. The claimant resisted the patentee’s request that the main proceedings should … Continue reading Airscience Technology International Ltd v Wallenius Water Ab (Patent): IPO 16 Apr 2013
The appellant had judgments obtained in Russia against the respondent. It now appealed against a refusal of enforcement of those judgments based upon the ground that there was a complete defence to the recognition and enforcement of the judgments namely public policy, by reason of the ‘finality principle’. Held: Summary judgment was inapplicable. Substantial issues … Continue reading Joint Stock Company (Aeroflot-Russian Airlines) v Berezovsky and Another: CA 16 Jan 2014
okonduUTIAC1408 UTIAC (1) Section 29 of the Tribunals, Courts and Enforcement Act 2007 confers on the Upper Tribunal a discretionary power to order a legal or other representative to pay ‘wasted costs’ incurred by the other party. ‘Wasted costs’ are defined in section 29(5) as costs incurred by a party: ‘(a) as a result of … Continue reading Okondu and Another, Regina (on The Application of) v Secretary of State for The Home Department (Wasted Costs; SRA Referrals; Hamid) IJR: UTIAC 20 Aug 2014
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or . .
English Courts have no power to enforce foreign public law here. Judges: Simon Brown, Otton, Phillips LJJ Citations: Times 28-Jan-1997, [1997] EWCA Civ 798 Jurisdiction: England and Wales Citing: See Also – Camdex International Ltd v Bank of Zambia and Another CA 3-Apr-1996 Appeal by the Defendant from a judgment on an application for summary … Continue reading Camdex International Ltd v Bank of Zambia and Others (2): CA 28 Jan 1997
‘Pay now sue later’ clauses in agency contracts is not breach of EU treaty. Citations: Times 12-Jan-1996, Lloyd’s List January 10 1996, [1996] 2 Lloyd’s Rep 31, [1996] CLC 327, [1996] 3 CMLR 349, [1997] ECC 47, [1996] 5 Re LR 63 Jurisdiction: England and Wales Citing: Appeal from – Marchant and Eliot Underwriting Ltd … Continue reading Marchant and Eliot Underwriting Ltd v Higgins: CA 12 Jan 1996
An assignment of the benefit of a covenant in a lease held to be sufficiently connected with enjoyment of the property as not to be a bare right of action. The assignment was not void. Scrutton LJ stated that the assignee of a cause of action was not guilty of maintenance or champerty by reason … Continue reading Ellis v Torrington: CA 1920
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties. Held: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits … Continue reading Inntrepreneur Pub Company (CPC) and others v Crehan: HL 19 Jul 2006
The European Commission has exclusive jurisdiction over ECSC treaty disputes. The duty of sincere cooperation imposed the obligation on the national court to mitigate as far as possible in the interests of the Community the risk of a conflicting ruling. ‘As a body which supervises compliance with the Community rules of competition and has specialised … Continue reading H J Banks and Co Ltd v British Coal Corporation: ECJ 13 Apr 1994
cw European Union – competition – Lloyd’s – article 85(1) – RSC Order 14 – cash call on underwriters – unlawful attempt to enforce anti-competitive object of Central Fund – Agency Agreement Bye-law – standard terms – per se illegality – complex agreement – anti-competitive object – incidental restrictions on competition -effect on inter-Member State … Continue reading Marchant and Eliot Underwriting Ltd v Dr Higgins: ComC 24 Oct 1995
The husband and wife separated and the husband sold the property in which the wife was living. He then brought an action for possession of the property against her and now sought summary judgment. Held: Megarry J said: ‘the defendant can obtain leave to defend if . . [she] satisfied the court ‘that there is … Continue reading Miles v Bull: 1969
ComC Summary judgment under RSC Order 14 – claim for royalties – previous decision of the European Commission – claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal Authority’s claim for royalties alleging breaches of article 4 was struck out because the matters complained of had … Continue reading Coal Authority v H J Banks and Company Ltd; H J Banks and Company Ltd v The Coal Authority and Anoher: ComC 20 Dec 1996
No cause of action could be pursued where the European Commission only can decide liability and no decision had yet been made. An action would be dismissed for want of jurisdiction rather than be stayed until the decision was made. Judges: Mance J Citations: Times 10-Aug-1994 Jurisdiction: England and Wales Citing: At ECJ – H … Continue reading H J Banks and Co Ltd and Others v British Coal Corporation: QBD 10 Aug 1994
Appeal by the Defendant from a judgment on an application for summary judgment under RSC Order 14 by the Plaintiffs, Camdex International Ltd judgment was entered for the Plaintiffs in the sum of Kuwaiti Dinars 20,595,557.429. The Plaintiffs pleaded that the Central Bank of Kuwait deposited with the Defendant the sum of Kuwaiti Dinars 15,000,000 … Continue reading Camdex International Ltd v Bank of Zambia and Another: CA 3 Apr 1996
Application by the defendant for leave to appeal and, should leave be granted, an appeal Sir Thomas Bingham MR, Aldous, Phillips LJJ [1996] EWCA Civ 1357 Bailii England and Wales Citing: See Also – Camdex International Ltd v Bank of Zambia and Another CA 3-Apr-1996 Appeal by the Defendant from a judgment on an application … Continue reading Camdex International Ltd v Bank of Zambia and Another: CA 22 May 1996
The plaintiffs sought an injunction to prevent the defendant interfering with the supply of water to the city. He would have done so entirely by actions on his own land. Held: The plaintiffs could have no property in the water until it came on their land and they collected it, and ‘if the owner of … Continue reading Mayor of Bradford v Pickles: HL 29 Jul 1895
Europa Reference for a preliminary ruling: Court of Appeal (England and Wales) (Civil Division) – United Kingdom. ECSC Treaty – Licences to extract raw coal – Discrimination between producers – Special charges – . .
In each of three cases, the former defendants sought leave to bring claims for contempt of court in respect of what it said were fraudulent claims by the respondents. The defendants argued that a party had first to go to the Attorney General. Held: ‘Notwithstanding the language of Rules 32.14 and 31.23 and, in particular, … Continue reading Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010
Following the decision of Mr Justice Jacob in Morris v Wiltshire and Woodspring District Council (No.1) (Review Case No.3 of 1998) that it was permissible for a litigant in person to have leave to withdraw a bill and to amend it, the claimant, as he has now become, did that in this case. The matter … Continue reading Morris v Wiltshire and Woodspring District Council (No 2): SCCO 30 Nov 2001
The claimant wished to construct a new runway on its own land, and it was necessary to carry out works, namely, that trees on nearby land should be lopped or felled so that they would not constitute an obstruction to the flight path. The claimant had been granted a licence by the National Trust to … Continue reading Manchester Airport Plc v Dutton; Longmire; Stoddard; Maile and Persons Unknown: CA 4 Mar 1999
The defendant, a structural engineer, was retained by the plaintiffs in a claim against insurers for the costs of remedying subsidence of the plaintiffs’ house. He advised total underpinning for pounds 77,000, but later while preparing a joint report with the insurers’ expert witness, he was persuaded to agree that infilling with polystyrene, at a … Continue reading Stanton and Another v Callaghan and Others: CA 8 Jul 1998
A judgment of a court of competent jurisdiction may be final and binding, even though a right of appeal to a superior court remains open. Lord Herschell stated on the question of finality or conclusiveness of a foreign judgment: ‘in order to establish that such a judgment has been pronounced it must be shown that … Continue reading Nouvion v Freeman: HL 1889
The court was asked as to whether the expression ‘in the possession of’ in RSC Ord.48 extended to documents not physically held by the judgment debtor but to sight of which he has a clear and enforceable right. Held: The expression did so extend. However he did not have such a right in this case. … Continue reading Mubarak v Mubarik: 2003
Appeal from an Order on the Defendants’ Summons pursuant to RSC Ord.82 r3A. The Judge held that the words complained of in this libel action were not capable of bearing any defamatory meaning of the Plaintiffs or any of them and dismissed the action. Citations: [1998] EWCA Civ 263 Links: Bailii Jurisdiction: England and Wales … Continue reading Morford and Others v Rigby and Others: CA 17 Feb 1998
An application was made for a new tenancy within the four month period prescribed by section 29(3) of the LTA. The applicants named in error in the application were ‘Signet Group plc’ and not ‘Ernest Jones Ltd’. Hammerson had not been misled and was in no reasonable doubt as to the identity of the person … Continue reading Signet Group Plc v Hammerson UK Properties Plc: CA 9 Dec 1997
The children had been taken into care, and freed for adoption. The mother appealed saying the blame for non-accidental injury was misplaced. The court had not thought her responsible for the non-accidental injuries, but she had been unwilling to separate from the assumed perpetrator. Held: The mother had now taken the step of breaking free. … Continue reading In re K (Children) (Non-accidental injuries: Perpetrator: New Evidence): CA 27 Aug 2004
Judges: Leggatt, Morris, Phillips LJJ Citations: [1997] EWCA Civ 1586, [1997] 1 WLR 1256 Links: Bailii Jurisdiction: England and Wales Citing: Criticised in part – Sofroniou v Szgetti 25-Jul-1990 (Federal Court of Australia) The court has a discretion to enforce a breach of an order by committal despite the absence of a formal penal notice. … Continue reading Davy International Ltd and others v Tazzyman and others and Davy International Ltd and others v Durnig and others: CA 1 May 1997
A sale of a second hand Rolls Royce had gone wrong. The plaintiff was claiming damages of 23,250 pounds. The plaintiff sought Order 14 summary judgment. That was refused, and the Master gave leave to defend without any conditions. The plaintiff appealed to the High Court which again refused summary judgment, only gave leave to … Continue reading M V Yorke Motors v Edwards: HL 1982
The claimants sought the committal of the fourth defendant for contempt having broken his undertaking to the court to provide details of his means. Held: The terms of the undertaking were not ambiguous and could not be read in the way suggested by the defendant. The undertaking had itself been given to support the defendant’s … Continue reading Marketmaker Technology (Beijing) Co Ltd and Others v CMC Group Plc and Others: QBD 24 Jun 2009
The plaintiffs had obtained leave to serve a writ out of the jurisdiction under Order 11, r 1(e) of the RSC on the ground that the claim was for breach of a contract within the jurisdiction. The breach alleged was of a CIF contract, and the allegation was that the contract was broken by reason … Continue reading Parker v Schuller: CA 1901
Creditors sought to treat the International Tin Council as an ‘association’ for the purposes of a provision under the Companies Act 1985 allowing for unregistered companies to be wound up. Held: The decision in Re a Company was binding. The presentation of a petition based upon an arbitration award was not enforcement of the award. … Continue reading Re International Tin Council: CA 1989
Coulson J considered RSC Order 52 to decide whether he had jurisdiction to hear a complaint of contempt of court arising from statements filed in County Court proceedings and said to be false. Held: He did have jurisdiction: ‘At the outset of the trial, I raised with the parties my concern as to jurisdiction. This … Continue reading Walton v Kirk: QBD 3 Apr 2009
The claimant complained of an irregularly obtained judgment. The defendant had obtained an amendment to a writ of sequestration in the course of a bitterly fought dispute bewteen the defendant and the owner of the claimant. The judge had found the irregularity proved, but declined to set the order aside. The claimant now said that … Continue reading Tombstone Ltd v Raja and Another; Raja v Van Hoogstraten and others (No 9): CA 17 Dec 2008
The Court of Appeal emphasised that an order that prescribes unpleasant consequences unless a particular act is done is an order that ‘requires a person to do an act’ within the meaning of RSC Ord. 42,r.2. (2) Rule 2(1) requires that (subject to important exceptions mentioned in paragraph 7 below) such an order must make … Continue reading Practice Note: CA 1986
A new claim was not deemed to have been made until the pleading was actually amended for limitation purposes, and should not be allowed after the limitation period had expired. The date of the application for leave to amend was not at issue. The court will normally require the claimant to bring fresh proceedings, in … Continue reading Welsh Development Agency v Redpath Dorman Long Ltd: CA 4 Apr 1994
The plaintiff had failed to comply with an ‘unless’ order. Held: It was a clear requirement that the party should be known to have been aware of the content of an unless order. The order as drafted was fatally irregular and should be set aside. Citations: [1996] EWCA Civ 881 Jurisdiction: England and Wales Citing: … Continue reading Frederic J Whyte and Partners (a Firm) v IAF Properties Limited: CA 5 Nov 1996
The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that TR had caused additional losses by failing to maintain … Continue reading Inveresk Plc v Tullis Russell Papermakers Ltd: SC 5 May 2010
The claimant sought to allege fraud by its former president, and began proceedings to recover payments it said were fraudulent, including against a defendant Taylor in Switzerland, who now said that no letter before action or other explanation beyond the pleadings had been given before proceedings began as required under the protocol, nor had any … Continue reading Zambia v Meer Care and Desai (A Firm) and others: CA 9 Jul 2008
The defendant tenant appealed against judgment saying that the proceedings in the County Court had not been correctly served. Though the documents had been sent to his address under the lease, he had been out of the jurisdiction when the claim was sent. His appeal against judgment in default had been rejected as untimely. Held: … Continue reading Kamali v City and Country Properties Ltd: CA 24 Jul 2006
(The Bahamas) The respondent sought the extradition of the appellant to face drugs charges. The appellant said that if extradited, he would not receive a fair trial, having been declared publicly by the US President to be a drugs ‘kingpin’. Held: It was wrong to suggest that the role of the Supreme Court on an … Continue reading Samuel Knowles, Junior v United States of America and Another: PC 24 Jul 2006
Various cargo owners sought damages against the owners of the ship which had suffered an explosion with the loss of the cargo. The defendants asserted limitation. Some claimants had agreed an extension of time. Proceedings were then issued but served only eventually made with letters claimed to be equivocal. The question was what constituted service. … Continue reading Asia Pacific (Hk) Ltd. and others v Hanjin Shipping Co Ltd (Hanjin Pennsylvania): ComC 7 Nov 2005
The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly defamatory and untrue. The defendants said that the articles were protected by qualified privilege, since the claimant was … Continue reading George Galloway MP v Telegraph Group Ltd: QBD 2 Dec 2004
The claimant was a football player’s agent. The licensing scheme required disputes, including disciplinary procedures, to be referred to arbitration. He denied that the rule had been incorporated in the contract. He also complained that the Association had agreed to postpone disciplinary proceedings pending the result of other litigation between the parties. Held: The appeal … Continue reading Stretford v The Football Association Ltd and Another: CA 21 Mar 2007
The accused had been charged with the murder of an infant who had been given into their care by the child’s mother after payment of a fee. They appealed after admission of evidence that several other infants had been received by the accused persons from other mothers and that their bodies were found buried in … Continue reading Makin v Attorney-General for New South Wales: PC 12 Dec 1893
It was possible to amend pleadings outside of the limitation period, where the alteration to identify the correct party was genuine and the mistake had not mislead any party. In this case there was no reasonable doubt about who had been intended to be sued. The overriding objective and rule 17.4(3) could either be applied … Continue reading Gregson v Channel Four Television Corporation: CA 11 Jul 2000
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
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
It was alleged that a Mr Guerin had committed a fraud on the arms manufacturer Ferrari. Held: The constructive trust provision in RSC Order 11, r 1(1)(t) applied only if all the acts necessary to impose liability were committed in England, and that accordingly it applied to knowing participation by acts in a fraudulent breach … Continue reading ISC Technologies Limited v Radcliffe: 7 Dec 1990
The court considered the meaning of the word ‘sale’ in the phrase ‘sale or purchase’ in Order 14A RSC. Nourse J said: ‘The authorities establish that in legislative usage and in the absence of a special context the word ‘sale’ denotes an exchange of property for cash and not for other property.’ Judges: Nourse J … Continue reading In Re Westminster Property Group plc: 1984
Defamatory statements causing pecuniary loss may give rise to an action in tort only. The boundaries set by the tort of defamation are not to be side-stepped by allowing a claim in contract that would not succeed in defamation. A claimant cannot, by an action in conspiracy, recover damages for injury to reputation if the … Continue reading Lonrho Plc and Others v Fayed and Others (No 5): CA 27 Jul 1993
The Court was asked whether what was said to be a sale was in truth a sale. The court looked at the ordinary meaning of the word sale and then asked whether the context requires an extension of that meaning: ‘[Counsel] accepted that in ordinary legislative usage and in the absence of a special context … Continue reading In Re Westminster Property Group PLC: CA 1985
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
An agency had to be proved in a search to identify an entity which the law recognised (a) existed and (b) was legally responsible for the acts in issue in the proceedings. The House was asked whether the fact that an issue had already been determined in proceedings in West Germany meant that the same … Continue reading Carl Zeiss Stiftung v Rayner and Keeler Ltd (No 2): HL 1966
Relatives of a child who was in local authority care disagreed with the authority’s plans for her future. Held: They could not challenge them by seeking a determination on the merits in wardship.Lord Scarman referred to Liverpool v A and said: ‘Authoritative speeches were delivered by Lord Wilberforce and Lord Roskill which it was reasonable … Continue reading In re W (a Minor) (Wardship: Jurisdiction): HL 1985
Procedure – RSC Order 20 r.5 – amendment with leave – mistake – mistake as to identity of person intending to sue – mistake as to name of that party – distinction – Procedure- RSC Order 20 r.5(3) – amendment with leave – discretion – RSC Order 6 r.8(1) – validity of writ – 4 … Continue reading Industrie Chimiche, Italia Centrale and Another v Alexander G Tsavliris and Sons Etc: ComC 19 Jul 1995
The plaintiff had obtained a Mareva injunction, later discharged by agreement. The defendant sought an inquiry as to damages on the cross-undertaking given when the injunction was granted, alleging that it had suffered substantial loss. The hearing of that application was expected to last some 5 days and the plaintiff applied under s726 for an … Continue reading C T Bowring and Co (Insurance) Ltd v Corsi and Partners Ltd: CA 28 Jun 1994
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
The plaintiff had obtained a worldwide Mareva injunction, giving an undertaking for damages. On its discharge, the defendants sought to make a counterclaim. The defendant company and its subsidiaries sought to counterclaim for their damages suffered as a result of the injunction. The Irish court had ordered an enquiry as to the damages. The counterclaim … Continue reading Balkanbank v Naser Taher and Others: QBD 13 Feb 1995
The House heard an action for damages for deceit or fraudulent misrepresentation. Held: The court set out the requirements for fraud, saying that fraud is proved when it is shown that a false representation has been made knowingly or without belief in its truth or recklessly without caring whether it be true or false.Lord Herschell … Continue reading Derry v Peek: HL 1 Jul 1889
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social workers. Held: The names of the social workers had been withheld originally to protect the … Continue reading British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y: FD 24 Nov 2005
It is an abuse of the process of the court to make a statutory demand or present a winding-up petition based on a claim to which there is a triable defence. Where a statutory demand is made but disputed on reasonable grounds, the creditor may find himself liable to indemnity costs on its dismissal.Hoffmann J … Continue reading In re a Company (No 0012209 of 1991): ChD 1992
Rylands does not apply to Statutory Works The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture. Held: The rule in Rylands v Fletcher continues to exist as a remedy … Continue reading Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater. Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is natural or man-made (the ‘hazard’ being an unstable mound of earth which was present on … Continue reading Leakey v The National Trust for Places of Historic Interest or Natural Beauty: CA 31 Jul 1979
Tugendhat J [2004] EWHC 1981 (QB) Bailii Defamation Act 1952, Civil Evidence Act 1968 5 England and Wales Citing: Cited – McManus and others v Beckham CA 4-Jul-2002 The claimant sought damages from the defendant who was a pop star, and had vociferously, publicly, and wrongly accused the claimant of selling pictures with fake autographs … Continue reading S v Suren and Another: QBD 10 Sep 2004
Forbes J considered the principles to be applied when considering the award of interest on damages between the date of the loss and the judgment: ‘Despite the way in which Lord Herschell LC in London, Chatham and Dover Railway Co v South Eastern Railway Co [1893] AC 429 at 437 stated the principle governing the … Continue reading Tate and Lyle Food Distribution Ltd v Greater London Council: 1981
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
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
The court considered the interpretation of the 1882 Act, which was said to be a codifying Act. Held: An Act is to be ascertained in the first instance from the natural meaning of its language and is not to be qualified by considerations deriving from the antecedent law.Lord Watson said: ‘The decision of the Queen’s … Continue reading Bank of England v Vagliano Brothers: HL 5 Mar 1891
The court considered the effect of a ship being taken by pirates at sea on the obligations in the charterparty contract. The insurers said that a claim for ‘average accident’ must include an element of physical damage – absent in this case. Held: The appeal failed. ‘Average accident’ need not include physical damage, but nor … Continue reading Cosco Bulk Carrier Co Ltd and Another v M/V ‘Saldanha’ C/P Dated 25/06/08: ComC 11 Jun 2010
The applicant challenged her conviction for contempt of court in that whilst a juror, she researched the case before her on the internet, discovering that the defendant had faced an earlier allegation broadly similar. She now said that the conviction orose from failure to follow a direction, not an order. The court set the question … Continue reading Dallas v The United Kingdom: ECHR 11 Nov 2013
The plaintiff company had contracted to make and export to the defendant an aluminium extrusion press. The defendant re-assured the plaintiff that it would be lawful for him to import the plant, but asked that the plant be described falsely on the invoice as ‘parts for rolling mill’. Payment was made by promissory notes. After … Continue reading Fielding and Platt Ltd v Selim Najjar: CA 17 Jan 1969
A police doctor’s statement in a contemporary medical report that her findings were consistent with the claimant’s allegation had not been included in the evidence before the CICB when it rejected her claim for compensation. Held: The decision was quashed. What happened was held to be a breach of the rules of natural justice and … Continue reading Regina v Criminal Injuries Compensation Board Ex Parte A: HL 11 Mar 1999
The husband and wife had made mutual wills in the US with an express agreement not to make later alterations or dispositions without the agreement of the other or at all after the first death. The wife survived, but having lost the first will made a further one, and created a trust. The claimant now … Continue reading The Thomas and Agnes Carvel Foundation v Carvel and Another: ChD 11 Jun 2007
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006
Remission of Sentence is a Privilege not a Right The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time limits. Held: The forfeiture … Continue reading O’Reilly v Mackman: HL 1982
The House sought to reconcile section 31 of the 1981 Act, with RSC Order 53 r4 as to the time within which judicial review proceedings must be brought. Held: Whenever there was a failure to act promptly or within three months there was ‘undue delay’ within the meaning of section 31(6). Lord Goff said: ‘as … Continue reading Regina v Dairy Produce Quota Tribunal for England and Wales, Ex parte Caswell: HL 17 May 1990
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005
The deceased and his wife made wills in virtually identical form. The husband changed his will after their divorce, but his son and other wife claimed that the couple had intended the wills to be part of a larger arrangement of their affairs, creating a trust from which he should not resile, and an exceptional … Continue reading Goodchild and Another v Goodchild: CA 2 May 1997
The defendant had acquired a vehicle in lieu of payment of a debt. The vehicle was subject to an HP agreement with the claimant, who now sought possession of it. The defendant argued that it had the protection of section 27, there having been a disposition of the vehicle. The claimant now sought summary judgment. … Continue reading VFS Financial Services Ltd v JF Plant Tyres Ltd: QBD 26 Feb 2013
Fair Comment Crticism of Newspaper Publisher The plaintiff alleged that the headline to an article written by the defendant which criticised the behaviour of the Beaverbrook Press, and which read ‘Lower than Kemsley’ was defamatory. The defendant pleaded fair comment. The plaintiff appealed. An application on the RSC Order 19 rule 27 and RSC order … Continue reading Kemsley v Foot: HL 25 Feb 1952
Four brothers and sisters had been adopted after the parents had been found to have abused them. The parents now had expert evidence that the injuries may have been the result of scurvy, and sought leave to appeal. Held: Leave was refused. Cases involving the reversal of adoptions in the past had been brought far … Continue reading Webster (the Parents) v Norfolk County Council and others: CA 11 Feb 2009
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997
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The House was asked whether, in a taxing statute applying to the whole of the United Kingdom and allowing for deductions from and allowances against the income of land vested in trustees for charitable purposes, the words ‘charitable purposes’ . .
The applicant challenged the respondent’s policy on restoration of vehicles confiscated on being found to be used for commercial smuggling. Vehicles would only be returned exceptionally. The applicant had written to the respondents who considered . .
Before proceedings, the plaintiff widow accepted the defendants’ offer to settle her and her infant son’s Fatal Accidents Acts claim ‘subject to the approval of the court’. A summons was then issued for the court to approve that settlement. The . .
