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Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003

Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010

Anderson v James Sutherland (Peterhead) Ltd: 1941

The court discussed the authorities on the question of whether a managing director of a company was an employee or contractor. ‘Each of the decisions was given in cases where the context played a vital part in the conclusions arrived at.’ Judges: Lord Carmont Citations: [1941] SC 203 Jurisdiction: Scotland Cited by: Approved – Trussed … Continue reading Anderson v James Sutherland (Peterhead) Ltd: 1941

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

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Feasey v Sun Life Assurance Company of Canada and Another: Steamship Mutual Underwriting Association (Bermuda) Ltd v Feasey: ComC 17 May 2002

The fact that there was more than one insurance policy in place for the same interest would not preclude a claim under one of them. A mutual underwriting group insured members against personal injury and so forth through ‘lineslip’ policies. The insurance company declined to pay out under the Act. Held: The purpose of the … Continue reading Feasey v Sun Life Assurance Company of Canada and Another: Steamship Mutual Underwriting Association (Bermuda) Ltd v Feasey: ComC 17 May 2002

Lewis, Regina (on the application of) v Redcar and Cleveland Borough Council and Another: CA 15 Jan 2009

The claimants sought registration of land as a common, saying that it had been used by the local residents for social activities for many years. The council had licenced the land for use as a golf course for many years. Held: The residents’ appeal failed. In the context of planning applications ‘the test of apparent … Continue reading Lewis, Regina (on the application of) v Redcar and Cleveland Borough Council and Another: CA 15 Jan 2009

Affirmative Finance Ltd v Pearson and Another (Contracts and Options : Agreements for Mortgage or Charge): LRA 16 Sep 2013

LRS Whether there was an effective agreement to create a mortgage or a charge between the Applicant and the Respondents’ predecessor in title – equitable mortgage – construction of standard terms and conditions – s32 LRA 2002 – summary judgment Judge Hargreaves [2013] EWLandRA 2013 – 0171 Bailii Registered Land Act 2002 32 Registered Land … Continue reading Affirmative Finance Ltd v Pearson and Another (Contracts and Options : Agreements for Mortgage or Charge): LRA 16 Sep 2013

U K Housing Alliance (North West) Ltd v Bowyer and Others (Contracts and Options : Contracts for Sale): LRA 18 Mar 2013

LRA The Applicant, now in administration, was in business in 2007 to 2008 buying residential properties from owners in occupation for full market value, payable as to 70 per cent on completion and as to the 30 per cent balance, subject to conditions, at the expiry of ten years. At the same time it entered … Continue reading U K Housing Alliance (North West) Ltd v Bowyer and Others (Contracts and Options : Contracts for Sale): LRA 18 Mar 2013

Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

Wragg and Another v Partco Group Ltd UGC Ltd: CA 1 May 2002

A claim was made against directors of a company involved in a takeover, for failure to make proper disclosure. The case involved also other issues. The defendants appealed against a refusal to strike out the claim. Held: The rules made specific reference to cases in areas of law involving developing jurisprudence. This was one such, … Continue reading Wragg and Another v Partco Group Ltd UGC Ltd: CA 1 May 2002

Hamalainen v Finland: ECHR 16 Jul 2014

ECHR Grand Chamber – Article 8-1 Respect for family life Respect for private life Refusal to give applicant female identity number following sex change unless marriage was transformed into civil partnership: no violation Facts – Under Finnish law marriage is only permitted between persons of opposite sex. However, while same-sex couples are not permitted to … Continue reading Hamalainen v Finland: ECHR 16 Jul 2014

Smith, Regina (on the Application of) v The Land Registry (Peterborough Office): Admn 13 Feb 2009

The applicant sought judicial review of the cancellation of his application for first registration of land by adverse possession. The application had been rejected because a public right of way existed through it, and the claimant had not shown the necessary intention to possess exclusively of others. Held: The claim failed. A public right of … Continue reading Smith, Regina (on the Application of) v The Land Registry (Peterborough Office): Admn 13 Feb 2009

The Chief Land Registrar v Silkstone and Others: CA 14 Jul 2011

The Chief Land Registrar appealed against the dismissal of his appeal against the adjudicator’s decision on the cancellation of a unilateral notice. On the day of the adjudication, the Silkstones had purported to withdraw their case, wanting to take it forward instead in the High Court. The adjudicator had proceeded in any event, ordering the … Continue reading The Chief Land Registrar v Silkstone and Others: CA 14 Jul 2011

Todd v Adams and Chope (Trading as Trelawney Fishing Co) (The ‘Margaretha Maria’): CA 2002

References: [2002] 2 Lloyd’s Rep 293, [2002] EWCA Civ 509, [2002] 2 All ER (Comm) 97 Links: Bailii Coram: Mance LJ, Thorpe LJ, Neuberger J Where the correctness of a finding of primary fact or of inference is in issue (on appeal), it cannot be a matter of simple discretion how an appellate court approaches … Continue reading Todd v Adams and Chope (Trading as Trelawney Fishing Co) (The ‘Margaretha Maria’): CA 2002

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Card Protection Plan Ltd v Commissioners of Customs and Excise: HL 6 Feb 2001

The appellants sold a system protecting credit card holders against the consequences of loss or theft. They claimed that it was insurance and exempt from VAT. The commissioners said it was a service and vatable. The card provided a range of services for those who had lost a card, and laid off the costs against … Continue reading Card Protection Plan Ltd v Commissioners of Customs and Excise: HL 6 Feb 2001

Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

British Airways Plc v Ryanair Limited: ChD 25 Oct 2000

The claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood. Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of another’s trade mark in comparitive advertising. In this case the advertisement, though … Continue reading British Airways Plc v Ryanair Limited: ChD 25 Oct 2000

The Rawlplug Co Ltd v Kamvale Properties Ltd: ChD 1969

Megarry J said: ‘to effect registration of a . . caution is an easy matter, and . . to do so will usually effectually inhibit any disposition of the land so long as the registration remains effective. Registration may, therefore, become a weapon of considerable nuisance value’ Judges: Megarry J Citations: (1969) 20 PandCR 32 … Continue reading The Rawlplug Co Ltd v Kamvale Properties Ltd: ChD 1969

Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004

Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal offence under section 193 of the Law of Property Act … Continue reading Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd: CA 3 Oct 2019

Judges: Lord Justice Newey, Lady Justice Asplin and Lady Justice Rose Citations: [2019] EWCA Civ 1610, [2020] 1 CMLR 32, [2019] STI 1650, [2019] STC 2146, [2020] 1 WLR 777, [2020] 2 All ER 756, [2019] BTC 25 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Coal Staff Superannuation Scheme Trustees Ltd v … Continue reading Revenue and Customs v Coal Staff Superannuation Scheme Trustees Ltd: CA 3 Oct 2019

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003

The Secretary of State for Work and Pensions v Gubeladze: CA 7 Nov 2017

Appeal by the Secretary of State for Work against a decision that the respondent is entitled to state pension credit. The issues in this appeal concern the construction of the Directive governing the rights of Union citizens and the validity of certain domestic regulations applying to Latvian nationals working in the UK. Held: The appeal … Continue reading The Secretary of State for Work and Pensions v Gubeladze: CA 7 Nov 2017

Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005

The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, had failed to provide him with reasonable assistance and support, and … Continue reading Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005

Derbyshire County Council v Fallon and Another: ChD 11 Jun 2007

The council appealed against a finding of the Deputy Adjudicator of the Land Registry refusing to alter the filed plan of the defendant’s title. Christopher Nugee QC approved the statement of the deputy adjudicator Mr Michael Mark described a change on the filed plan as producing ‘another general boundary in a more accurate position than … Continue reading Derbyshire County Council v Fallon and Another: ChD 11 Jun 2007

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

James and Others v The United Kingdom: ECHR 21 Feb 1986

The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986

Datec Electronics Holdings Ltd and others v United Parcels Services Ltd: HL 16 May 2007

The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that the value of any one item did not exceed the stated limit. The claimants … Continue reading Datec Electronics Holdings Ltd and others v United Parcels Services Ltd: HL 16 May 2007

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007

The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty. Held: The magistrate had made his decision on the inaccurate material placed before him. … Continue reading Jain and Another v Trent Strategic Health Authority: CA 22 Nov 2007

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

Beyeler v Italy: ECHR 5 Jan 2000

The concept of ‘possessions’ in Art. 1 has an autonomous meaning which is not limited to ownership of physical goods and is independent from the formal classification in domestic law, and requires the examination of the question whether the circumstances of the case, considered as a whole, conferred title to a substantive interest protected by … Continue reading Beyeler v Italy: ECHR 5 Jan 2000

Chiragov And Others v Armenia: ECHR 16 Jun 2015

ECHR Grand Chamber – Article 1 Jurisdiction of states Jurisdiction of Armenia as regards Nagorno-Karabakh and the adjacent occupied territories Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Denial of access to homes to Azerbaijani citizens displaced in the context of the Nagorno-Karabakh conflict: violation Article 13 Effective … Continue reading Chiragov And Others v Armenia: ECHR 16 Jun 2015

Sargsyan v Azerbaijan: ECHR 16 Jun 2015

ECHR Article 1 Jurisdiction of states Jurisdiction of Azerbaijan as regards a disputed area near Nagorno-Karabakh on the territory of Azerbaijan Article 8 Article 8-1 Respect for family life Respect for home Respect for private life Impossibility for an Armenian citizen displaced in the context of the Nagorno-Karabakh conflict to gain access to his home … Continue reading Sargsyan v Azerbaijan: ECHR 16 Jun 2015

National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005

American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975

Secretary of State for the Environment Transport and the Regions v Baylis (Gloucester) Ltd; Bennett Construction (UK) Ltd v Baylis (Gloucester) Ltd: ChD 16 May 2000

Land once conveyed for the purposes of becoming a highway, became dedicated for that purpose even though no steps were ever taken for its use for that purpose. The registration of a company as proprietor by the Land Registry did not displace the dedication since the interest was an over-riding one under the Act.The dispute … Continue reading Secretary of State for the Environment Transport and the Regions v Baylis (Gloucester) Ltd; Bennett Construction (UK) Ltd v Baylis (Gloucester) Ltd: ChD 16 May 2000

Polo Woods Foundation v Shelton-Agar and Another: ChD 17 Jun 2009

The court considered whether the claimant had established a profit a prendre against the defendant neighbour’s land in the form of a right of pasturage, acquired either by lost modern grant or by prescription. Held: The appeal succeeded, but the case was remitted for retrial. Four conditions must be complied with for there to be … Continue reading Polo Woods Foundation v Shelton-Agar and Another: ChD 17 Jun 2009

Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Fortune and Others v Wiltshire Council and Another: CA 20 Mar 2012

The court considered the contnuation of public rights of way against the new system of the ending of certain unrecorded rights. Held: he appeal failed. ‘As a matter of plain language, section 67(2)(b) does not, in our judgment, require the list to be fully compliant with section 36(6). The requirement to which it refers is … Continue reading Fortune and Others v Wiltshire Council and Another: CA 20 Mar 2012

Zarb and Another v Parry and Another: CA 15 Nov 2011

The parties disputed the position of the boundary between their neighbouring properties. The appellant Z had succeeded in establishing that the the boundary was as they decribed on paper, but the respondents had succeeded in their claim for adverse posession. The appellants said that the occupation having been by consent, it could not be counted … Continue reading Zarb and Another v Parry and Another: CA 15 Nov 2011

Osborne, Osborne v Lawton, Noyes, Sandford-Fawcett ): LRA 8 Mar 2011

LRA Adverse possession under paragraph 5(4) of Schedule 6 to the Land Registration Act 2002. Disputed land fenced in as part of the garden of the house being bought by the Applicants. Reasonableness of Applicants’ belief that the disputed land was part of the property which they bought. [2011] EWLandRA 2010 – 1066 Bailii Land … Continue reading Osborne, Osborne v Lawton, Noyes, Sandford-Fawcett ): LRA 8 Mar 2011

Davies v John Wood Property Plc: LRA 16 Feb 2010

LRA Application for adverse possession made under Schedule 6 but determined also on the basis that the Applicant had acquired a possessory title prior to the coming into force of the Land Registration Act 2002 and prior to the first registration of any title to the land. On facts, the Respondent is found to be … Continue reading Davies v John Wood Property Plc: LRA 16 Feb 2010

Laughton, Laughton v Naylor, Hawkins (Easements and Profits A Prendre : Reservation, Express): LRA 26 Mar 2010

LRA Unregistered legal easement created 2000 – s70(1)(a) LRA 1925 -s27(1)(2)(d), s29(1)(2)(a)(ii), paragraph 3 Schedule 3, paragraphs 9 and 10 Schedule 12 LRA 2002, application for summary judgment under Rule 32A Adjudicator to HM Land Registry (Practice and Procedure) Rules 2003 (as amended) Sara Hargreaves DA [2010] EWLandRA 2009 – 0239 Bailii Registered Land Updated: … Continue reading Laughton, Laughton v Naylor, Hawkins (Easements and Profits A Prendre : Reservation, Express): LRA 26 Mar 2010

Magmatic Ltd v PMS International Ltd: PatC 11 Jul 2013

The claimant manufactured and sold the ‘Trunki’ a child’s ride on suitcase. The defendant imported and sold a similar product. Claims were now made alleging infringement of (i) Community Registered Design, (ii) design rights in a number of designs relating to the Trunki; (iii) the copyright in the artwork for the packaging of the Trunki; … Continue reading Magmatic Ltd v PMS International Ltd: PatC 11 Jul 2013

Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021

Foetus has no Established Human Rights The Claimants sought a declaration that section 1(1)(d) of the Abortion Act 1967, as amended, is incompatible with the European Convention on Human Rights (‘ECHR’), as well as some other remedies. The claimant had Down’s Syndrome, and complained the readiness to abort foetuses with identified Down’s genes – more … Continue reading Crowter and Others, Regina (On the Application Of) v Secretary of State for Health And Social Care: Admn 23 Sep 2021

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

Owusu v Jackson: ECJ 1 Mar 2005

ECJ Brussels Convention – Territorial scope of the Brussels Convention – Article 2 – Jurisdiction – Accident which occurred in a non – Contracting State – Personal injury – Action brought in a Contracting State against a person domiciled in that State and other defendants domiciled in a non – Contracting State – Forum non … Continue reading Owusu v Jackson: ECJ 1 Mar 2005

Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008

The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008

ST Eritrea, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Mar 2012

The Tribunal had confirmed the appellant’s refugee status, but the respondent had ordered nevertheless that she be returned. The judge’s order setting aside that decision had been overturned in the Court of Appeal. Held: The claimant’s appeal failed. The Convention set two standards of protection for refugees. Article 33 prevented the return of anyone to … Continue reading ST Eritrea, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Mar 2012

WXY v Gewanter and Another: QBD 30 May 2012

The claimant had obtained an injunction to restrain publication of what was private information. The third defendant now applied to set aside the judgment, saying that their application for an adjournment had been wrongly refused. He said that he had been intimidated into not attending. Held: The defendant’s evidence was inconclusive and, though his delay … Continue reading WXY v Gewanter and Another: QBD 30 May 2012

Piglowska v Piglowski: HL 24 Jun 1999

No Presumption of House for both Parties When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be reluctant to allow repeated appeals … Continue reading Piglowska v Piglowski: HL 24 Jun 1999

Coventry and Others v Lawrence and Another: SC 26 Feb 2014

C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance. Held: The neighbour’s appeal succeeded. C, but not the freeholder were liable in nuisance. In the … Continue reading Coventry and Others v Lawrence and Another: SC 26 Feb 2014

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: HL 20 Jun 2007

The house was asked about whether continuous use of an apparent right of way by the public would create a public right of way after 20 years, and also whether a non overt act by a landowner was sufficient to prove his intention not to dedicate the land as a public right of way. Held: … Continue reading Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs: HL 20 Jun 2007

Gillett v Holt and Another: CA 23 Mar 2000

Repeated Assurances Created Equitable Estoppel Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The need for some detriment was clear. There was no need … Continue reading Gillett v Holt and Another: CA 23 Mar 2000

Regina v Soneji and Bullen: HL 21 Jul 2005

The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005

Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

Bolitho v City and Hackney Health Authority: HL 24 Jul 1997

The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain damage. Held: In cases of diagnosis and treatment there are cases where, despite a body … Continue reading Bolitho v City and Hackney Health Authority: HL 24 Jul 1997

PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016

Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed. Held: The owner’s appeal failed. It did not fall within the scope of the 1979 Act, and therefore the … Continue reading PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016

Thorner v Major and others: HL 25 Mar 2009

The deceased had made a will including a gift to the claimant, but had then revoked the will. The claimant asserted that an estoppel had been created in his favour over a farm, and that the defendant administrators of the promisor’s estate held it under bare trust for him. Held: The claimant’s appeal succeeded. A … Continue reading Thorner v Major and others: HL 25 Mar 2009

Associated Newspapers Limited, Daily Mail and General Trust Plc v Express Newspapers (an Unlimited Company, Incorrectly Sued As Express Newspapers Limited): ChD 11 Jun 2003

The claimants sought to prevent the respondents from starting an evening newspaper entitled ‘THE MAIL’ as an infringement of their registered mark, and as passing off. In turn the defendant challenged the validity of the mark.
Held: The word . .

Sisu Capital Fund Ltd and others v Tucker and others; 28 Oct 2005

References: Times 04-Nov-2005, [2005] EWHC 2321 (Ch) Links: Bailii The Defendants were accountants who had been sued through their partnership in KPMG. They had been granted a order for their costs. They sought payment for the time they had spent prersonally in preparing their defences. Held: As professionals there was no reason to distinguish the … Continue reading Sisu Capital Fund Ltd and others v Tucker and others; 28 Oct 2005

Henderson v Henderson; 20 Jul 1843

References: (1843) 3 Hare 100, [1843] EngR 917, (1843) 67 ER 313 Links: Commonlii Coram: Sir James Wigram VC The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying … Continue reading Henderson v Henderson; 20 Jul 1843

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index