The claimants owned a vessel on which the defendants shipped a cargo of orange juice, packed in barrels which were old, frail and leaky. The claimants said they would issue a claused bill of lading stating the defects in the barrels. The defendants could only sell the juice with a clean bill of lading stating … Continue reading Brown Jenkinson and Co Limited v Percy Dalton (London) Limited: CA 1957
Citations: [2001] EWCA Civ 437, [2001] 2 All ER (Comm) 900 Links: Bailii Statutes: Occupiers Liability Act 1957 Jurisdiction: England and Wales Personal Injury, Land Updated: 23 June 2022; Ref: scu.218074
The court considered the question of what was meant by the phrase ‘expenses of management’ Held: The phrase (s75) could be seen ‘as apt to cover the expenses which would normally be deductible in respect of its life assurance business if an assurance company carrying on life assurance business was assessed as a trade.’ Section … Continue reading Sun Life Assurance Society v Davidson: HL 4 Jul 1957
An employer may be civilly responsible for his employee’s breach even though it constitutes a crime, and a skilled employee in general owed a contractual duty of reasonable care to his employer in the performance of his employment. In determining the rights inter se of A and B, the fact that one them is insured … Continue reading Lister v Romford Ice and Cold Storage Co Ltd: HL 1957
ECJ Article 34 of the treaty is no bar to the admissibility of an application for annulment against an isolated provision of a decision as a whole, because an annulling judgment does not anticipate the measures which the high authority may be required to adopt in order to amend its decision, having regard to the … Continue reading Geitling Ruhrkohlen-Verkaufsgesellschaft and Others v ECSC High Authority: ECJ 20 Mar 1957
Sir Owen Dixon CJ said: ‘The general rule of the common law is that a statute changing the law ought not, unless the intention appears with reasonable certainty, to be understood as applying to facts or events that have already occurred in such a way as to confer or impose or otherwise affect rights or … Continue reading Maxwell v Murphy: 1957
The Plaintiff’s house was damaged by roots penetrating from trees on adjoining land. At first instance, Sellers J found that the damage was caused by the trees, but they were not proven to be the property of the defendants. On appeal and after further evidence it was found that the trees had been growing for … Continue reading Davey v Harrow Corporation: CA 1957
A grandchild and his wife shared a 2-bedroom flat with the grandmother tenant. There was communal living and eating and no question of a sub-tenancy. Held: The claim to succession to the tenancy was upheld.Sellers LJ said: ‘The grandmother, as tenant, had control of the premises, and I find it difficult to see how, without … Continue reading Collier v Stoneman: CA 1957
An unpaid vendor’s lien arises the moment the contract is entered into. It is discharged on completion to the extent that the purchase money is paid. Citations: [1959] Ch 523, [1958] 2 All ER 397 Cited by: Approved – London and Cheshire Insurance Co Ltd v Laplagrene Property Co Ltd ChD 1971 . .Cited – … Continue reading Re Birmingham, deceased; Savage v Stannard: 1957
The builder tendered for work, apparently not on the basis that the tender might or might not be accepted but so that the owner could use the tender for what was described as ‘some extraneous or collateral purpose’, for negotiating a claim for compensation for war damage. Held: The builder had done work at the … Continue reading William Lacey (Hounslow) Ltd v Davis: 1957
‘legislative antecedents’ may in some circumstances constitute relevant background for the interpretation of statutes in pari materia. Words in a preamble cannot of themselves restrict the scope of enacting words, where the latter are wider or more general than the former: ‘But where it is in the preamble that the reason for restriction is to … Continue reading Attorney-General v Prince Earnest Augustus of Hanover: HL 1957
The defendant appealed against his conviction under the 1898 Act after he agreed with a woman whom he knew to be a convicted prostitute that she should have the use of a room between the hours of 9 pm and 2 am at a charge of andpound;3 per night. The learned judge Pilcher had directed … Continue reading Regina v Thomas: CCA 1957
Viscount Simonds said: ‘For words, and particularly general words, cannot be read in isolation: their colour and content are derived from their context. So it is that I conceive it to be my right and duty to examine every word of a statute in its context, and I use ‘context’ in its widest sense, which … Continue reading Attorney-General v Prince Ernest Augustus of Hanover: 1957
The court considered the doctrine of state immunity. Lord Denning MR said: ‘If the dispute brings into question, for instance, the legislative or international transactions of a foreign government, or the policy of its executive, the court should grant immunity if asked to do so, because it does offend the dignity of a foreign sovereign … Continue reading Rahimtoola v Nizam of Hyderabad: CA 1957
When looking at a new court having a different name, the courts must ask the nature of the jurisdiction exercised, and test the method of appointment of judges for conformity with the constitution. It would be a travesty of the constitution if parliament established new bodies exercising similar functions but with different names and less … Continue reading Attorney General of Australia v The Queen and the Boilermakers’ Society of Australia; Kirby v The Queen and Boilermakers’ Society of Australia: PC 1957
The court considered the different standards of proof required for civil and criminal accusations of assault. Held: Appeal allowed. The onus of proving self-defence as a defence to murder, or a defence of ‘killing se defendendo’, was on the accused. Lord Goddard CJ added: ‘It is a defence of justification, or, to put it in … Continue reading Regina v Lobell: CCA 11 Mar 1957
An agreement transferring responsibility for loading, stowage and discharge of cargo from the shipowners to shippers, charterers and consignees is not invalidated by article III, r. 8. Lord Somervell of Harrow said as to Art III r2: ‘It is, in my opinion, directed and only directed to the manner in which the obligations undertaken are … Continue reading GH Renton and Co Ltd v Palmyra Trading Corporation of Panama: HL 1957
The trustees of a tennis club took possession of tennis courts and a clubhouse under a lease, and sought a new lease under the 1954 Act. The landlord said that they were only licensees and in any event were not entitled to a new lease since they were not a business. The agreement clearly and … Continue reading Addiscombe Garden Estates Ltd v Crabbe: CA 1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final. Held: In its decision the tribunal had made reference to the expert medical report and thereby had … Continue reading Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application: CA 25 Feb 1957
Professional to use Skilled Persons Ordinary Care Negligence was alleged against a doctor. Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test is the standard of the … Continue reading Bolam v Friern Hospital Management Committee: QBD 1957
Four builders’ moveable huts, which had been erected as temporary structures on a site for 18 months, only one of which was moved from one part of the site to the other during that period, were claimed chattels and therefore not rateable. Held: Whether or not the structures had lost their character as chattels was … Continue reading London County Council v Wilkins (Valuation Officer): HL 1957
The Swiss plaintiff had sold 50 machines in England and exhibited them at one exhibition. They claimed in passing off. Held: Such evidence fell ‘far short’ of proof that the word ‘Turmix’ had become distinctive in England of machines of the plaintiff’s manufacture. A more substantial use in England of the mark or get-up in … Continue reading T Oertli AG v EJ Bowman (London) Ltd: CA 1957
The judicial function of dealing with cases justly in an adversarial system requires a first instance judge ‘to hear and determine the issues raised by the parties, not to conduct an investigation or examination on behalf of society at large.’ That does not mean the judge is ‘a mere umpire to answer the question ‘How’s … Continue reading Jones v National Coal Board: CA 17 Apr 1957
The registered proprietor of land argued that he had become owner of a larger plot of land after a transfer plan showed regular boundaries but the markings on the ground showed irregular ones: ‘as we are concerned with a general filed map or plan, the sole question for us is whether, notwithstanding the transfer and … Continue reading Lee v Barrey: CA 1957
The plaintiff was employed under a statutory scheme for the employment of dock labourers. He appealed against a finding that the rules on dismissal contained within the scheme were not the only ones appertaining.
Held: (reversing the majority . .
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The authority resisted an application by the tenant to buy the property let as a council dwelling saying that the tenant was using it for mixed residential and business purposes. The tenant said that the business use had finished, and that the tenancy had become secure. Held: The court noted the change in definitions of … Continue reading Webb and Barrett v London Borough of Barnet: CA 1988
In the general run of actions for negligence against professional men it is not enough to show that another expert would have given a different answer. The issue is whether the defendant acted in accordance with practices which are regarded as acceptable by a respectable body of opinion in his profession. Where the complaint relates … Continue reading Zubaida v Hargreaves: CA 1995
An agent valuing a commercial property and estimating the return to be obtained without qualification, was responsible in damages where the clients would not have proceeded on properly qualified advice. The process of valuation does not admit of precise conclusions, and thus that the conclusions of competent and careful valuers may differ, perhaps by a … Continue reading Merivale Moore Plc; Merivale Moore Construction Limited v Strutt and Parker (a Firm): CA 22 Apr 1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break clause. In construing an Act, regard must be had to the whole of … Continue reading Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited: CA 18 Mar 1999
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered title. Actual occupation of part of the land comprised in a registered disposition protected a right or interest … Continue reading Ferrishurst Ltd v Wallcite Ltd: CA 30 Nov 1998
The plaintiff lived with her husband in a house in a housing estate of which he was a tenant. Part of the land of the estate, in the ownership of the defendant housing authority, was crossed by footpaths, over which the public had acquired the right of way. The plaintiff was walking on one of … Continue reading McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994
The deceased and the claimant lived together for about 10 years in an apparently stable and loving relationship. They had a son together. They also co-owned a house (by way of joint tenancy) in which they lived. In April 2013 the claimant was referred by his GP for a mental health assessment after describing feelings … Continue reading Chadwick v Collinson and Others: ChD 24 Sep 2014
The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act. Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to preserve certain classes of offender from capital punishment for killings carried out by reason of diminished responsibility … Continue reading D v L and Others: ChD 16 Apr 2003
Dr Crippen notoriously survived his wife. Between the date of his conviction for her murder and the carrying out of the death sentence passed on him, Dr Crippen made a will naming Ethel Le Neve as the sole executrix and universal beneficiary. Ethel Le Neve was passed over on a motion for the grant of … Continue reading In the Estate of Cunigunda Crippen deceased: 1911
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
A husband had accidentally shot and killed his wife’s lover after threatening him with a shotgun. Held: The court confirmed the decision at first instance. He was not liable to be indemnified by his insurers for the losses claimed against him by the deceased’s estate as a result of the shooting. It is not every … Continue reading Gray v Barr: CA 1971
The plaintiff sought damages after being hit when, on her way into work taking a short cut across a stockyard, she was hit. Held: Havers J, having referred to the employer’s duty in respect of access where the place of work abuts a highway, said: ‘A different position may arise if – as in the … Continue reading Ashdown v Samuel Williams and Sons Ltd: QBD 1956
Two chimney sweeps were overcome by fumes, and died in the basement of the Manchester Assembly Rooms. Whilst occupied working in flues (against advice), a boiler had been lit. Held: (Majority – Pearson LJ dissenting) The land-owner’s appeal succeeded.Lord Denning MR said: ‘the warnings which were given to the sweeps were enough to enable them … Continue reading Roles v Nathan: CA 15 May 1963
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed. Held: The appeal was dismissed. The onus of proof remained, correctly, on the prosecution to prove that the libel was false. The prosecution also had to show that … Continue reading George Worme Grenada Today Limited v The Commissioner of Police: PC 29 Jan 2004
(Jersey) The defendant appealed his conviction for murder, claiming a misdirection on the law of provocation. A chronic alcoholic, he had admitted killing his girlfriend with an axe. Nine law lords convened to seek to reconcile conflicting decisions of the House as to provocation. Held: The defence of provocation has two ingredients. The first, subjective … Continue reading Her Majestys Attorney General for Jersey v Holley: PC 15 Jun 2005
The court granted permission to appeal against a conviction for murder on grounds that related to the judge’s summing up in respect of provocation: ‘Although Holley is a decision of the Privy Council and Morgan Smith a decision of the House of Lords, neither side has suggested that the law of England and Wales is … Continue reading Mohammed, Regina v: CACD 13 Jul 2005
The plaintiff, a boy, was injured when playing on a derelict boat left on council land. The council appealed an award of damages against it. Held: A local authority may be liable for injury caused by a derelict boat not removed from their land which attracted children, but not for an injury arising from unforeseeable … Continue reading Regina v London Borough of Sutton, ex parte Jolley: CA 19 Jun 1998
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003
Where adjoining fields are separated by a hedge and a ditch, who owns the ditch? Held: The old presumption as to the location of a boundary based on the layout of hedges and ditches is irrelevant where the conveyance was by reference to an OS plan. The Ordnance Survey does not fix private boundaries. The … Continue reading Alan Wibberley Building Ltd v Insley: CA 12 Nov 1997
The bank appealed summary judgement against it for conversion of cheques. The cheques had been obtained by a fraud. Held: The court considered the question of neglience under section 4: ‘The section 4 qualified duty does not require an assumption of negligence, just because a bank bears the burden of showing that it took reasonable … Continue reading Architects of Wine Ltd v Barclays Bank Plc: CA 20 Mar 2007
The defendant brothers appealed convictions for murder. They had pleaded self defence. The injuries on the deceased suggested a substantial number of wounds were inflicted when he was in a curled up defensive post. Held: The provocation direction was requested, and there was evbidence to support it as a possibility. It could have been given … Continue reading Van Dongen and Another, Regina v: CACD 5 Jul 2005
Europa Brussels Convention – Proceedings to establish a fund to limit liability in respect of the use of a ship – Action for damages – Article 21 – Lis pendens – Identical parties – Court first seised – Identical subject-matter and cause of action – None – Article 25 – ‘Judgment’ – Article 27(2) – … Continue reading Maersk Olie and A/S v Firma M De Haan (Brussels Convention): ECJ 14 Oct 2004
The defendant appealed against his conviction for murder. At trial he had pleaded provocation, but not that he suffered abnormality of mind. Subsequent evidence of his state of mind led to this referral. The court now received fresh evidence to support a defence of diminished responsibility where the issue had not been raised at trial. … Continue reading Regina v Campbell: CACD 25 Oct 1996
Between to new houses was a steep bank. Who owned it? Before the transfer there had been different plans and much correspondence. Held: Where there was doubt as to the extent of land transferred, the court could look to the physical boundaries and characteristics of the property. The Land Registry plan showed the boundary at … Continue reading Geoffrey Allan Chadwick, Sylvia Joyce Chadwick, Edward James Chadwick v Abbotswood Properties Ltd, Gordon Leonard Hauser, Pamela Ann Hauser, Rectory Pump Ltd: ChD 18 May 2004
The appellant’s application for full registration as a qualified medical practitioner had been refused by the GMC after a five-year maximum period of limited registration. His application for full registration in accordance with section 25 of the Medical Act 1983 was refused by the GMC. He then applied to the Review Board for Overseas Qualified … Continue reading Khan v General Medical Council: CA 11 Apr 1994
The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party debt orders. Issues arose as to who could take the benefit of the … Continue reading Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq: SC 25 Oct 2017
The defendant had been convicted of manslaughter on an indictment for murder. The jury was directed under the new law to the effect that the reference to ‘substantially impaired’ required the jury to conclude that the impairment was more than minimal. The judge when sentencing said that notwithstanding the finding of diminished responsibility, the defendant’s … Continue reading Regina v Aslam: CACD 1 Dec 2011
The defendant, operator of a holiday park, appealed against a finding of liability for the accident causing the claimant’s injury. The claimant, in a wheelchair, had ascended one part of the room by a ramp, but then tried to return to the lower level mistakenly believing a further ramp existed. It did not and she … Continue reading Clark v Bourne Leisure Ltd: CA 30 Jun 2011
A claim was lodged against a former president as well as the current secretary of the European Commission of Human Rights. The former president, Sir Humphrey Waldock, was under the 1960 Order entitled to ‘the like immunity from legal process as is accorded to an envoy of a foreign sovereign power’. Held: With reference to … Continue reading Zoernsch v Waldock: CA 1964
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not proceed to claim against the discharged bankrupts, but now sought recovery from their insurers. Held: … Continue reading Law Society of England and Wales and others v Shah and others: ChD 30 Nov 2007
The defendant appealed against his conviction for murder, saying that he should have been only convicted of manslaughter, applying the new test for diminished responsibility as provided under the 1957 Act as amended, and particularly whether the judge should have given directions as to the meaning of ‘substantially’ in the context of his acknowledged impairment. … Continue reading Golds, Regina v: SC 30 Nov 2016
The defendant appealed against his conviction for murder saying that at the time of the offence he suffered a paranoid psychotic illness which would have substantially impaired his mental responsibility for his acts. He was not regarded as insane as defined by the M’Naghton rules. He had been advised that he might have a defence … Continue reading Regina v Weekes: CACD 18 Feb 1999
The defendant, then 22 had a history of disturbed childhood, sexual abuse and outpatient mental health treatment together with one instance when he was sectioned following a suicide attempt. On the undisputed psychiatric evidence he suffered from a schizotypal disorder as well as an emotionally unstable personality disorder. He was obsessed with witchcraft and Satanist … Continue reading Brennan v Regina: CACD 21 Nov 2014
The defendant appealed against his conviction for murder, saying that he should have been allowed to rely on a plea of diminished responsibility given the changes to section 2 of the 1957 Act introduced in 2009. He said that his alcoholism should have been treated as explaining his loss of self control and amounting to … Continue reading Dowds v Regina: CACzD 22 Feb 2012
Lord Lane set out the directions to be given to a jury on the defence of diminished responsibility: ‘Where a defendant suffers from an abnormality of mind arising from arrested or retarded development or inherent causes or induced by disease or injury and has also taken drink before the killing, the abnormality of mind and … Continue reading Regina v Gittens: CACD 1984
An investment company made an abortive attempt to take over another. It sought to set off against its Corporation Tax, the costs of the professional advice incurred. Held: The expenses were deductible. Judges: Lord Justice Chadwick Vice-Chancellor, The Vice-Chancellor Lord Justice Carnwath Citations: [2004] EWCA Civ 541, Times 27-May-2004, Gazette 03-Jun-2004, [2004] BTC 190, [2004] … Continue reading Atkinson (HM Inspector of Taxes) v Camas Plc: CA 6 May 2004
The defendant had killed his wife. There was evidence that from time to time he had suffered recurrent episodes of reactive depression. Two psychiatrists gave evidence that this was a mental abnormality which to some extent impaired his mental responsibility. Neither was prepared to say that the impairment was substantial. The first said that the … Continue reading Regina v Lloyd: CCA 1967
The court considered the appropriate directions to a jury in diminished responsibility defence to murder charge.Watkins LJ said: ‘In R v Lloyd . . directions as to the word ‘substantial’, to the effect that (1) the jury should approach the word in a broad commonsense way or (2) the word meant ‘more than some trivial … Continue reading Regina v Egan: CACD 1992
The Minister confirmed a compulsory purchase order despite it having been made without any supporting evidence. Held: The order was set aside. The Minister had erred in not following his Inspector’s conclusion that a compulsory purchase order was not ‘reasonably necessary’ under section 43(2) of the 1957 Act, when there was no material on which … Continue reading Coleen Properties Ltd v Minister of Housing and Local Government: CA 26 Jan 1971
There had been a dispute as to the correct boundary between two properties in North Yorkshire. The land had been in common ownership until 1973. The 1973 conveyance showed the boundary in a position which the claimants said was determinative. The defendants said that the position of the boundary was different and was along the … Continue reading Stephenson and Another v Johnson and Another: CA 12 Jul 2000
The defendant had planned and executed the killing of his wife’s lover, a cousin, having given him a home. He threatened that he would kill him, and prepared to do so, trying to get keys to gain access to the victim’s home, and when that failed arranging a meeting to carry out his plan, equipping … Continue reading Regina v Ramchurn: CACD 2 Feb 2010
The authority complained that during the course of the trial, the judge had repeatedly intervened during oral evidence. Held: A judge must be careful not to repeatedly intervene during oral evidence as opposed to counsel making submissions. The risk was not whether a reasonable observer would see bias, but that the judge would have descended … Continue reading London Borough of Southwark v Kofi-Adu: CA 23 Mar 2006
The defendant had failed himself to repair his property, and the Local Authority carried out the work itself under the 1957 Act. It sought to recover the associated costs from the defendant, but he said that their claim was time barred, being more than six years after the work had been concluded. The authority argued … Continue reading Swansea City Council v Glass: CA 1992
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
The plaintiff suffered injury at work and claimed damages. He had received a lump sum under insurance provided by the defendant’s parent company for the benefit of employees injured at work. Did the lump sum payment fall to be deducted from the damages? Held: The payment did not come within the insurance exception, since the … Continue reading McCamley v Cammell Laird Shipbuilders Limited: CA 1990
The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986
The dominant position held by a Landlord for the provision of space for services and his imposition of a differential charge was insufficient to justify a claim of abuse of position. The provision of catering services to airlines at Heathrow Airport was of a local character necessitated by ‘the need for flexibility and the need … Continue reading Heathrow Airport v Forte (UK) Ltd and Others: ChD 11 Feb 1998
An application was made for a declaration that a proposed sterilisation of an adult woman who could not give consent would be lawful. Held: It would not.Lord Donaldson of Lymington MR: ‘Just as the law and the courts rightly pay great, but not decisive, regard to accepted professional wisdom in relation to the duty of … Continue reading F v West Berkshire Health Authority: CA 3 Feb 1989
ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites. The Court referred to the Directive as ‘a policy framework’ . . which need not necessarily describe in … Continue reading Commune de Braine-le-Chateau and Michel Tillieut and Others v Region Wallonee: ECJ 1 Apr 2004
The applicants had been charged with offences, but later acquitted. On arrest they had had DNA samples and fingerprints taken, and the details added to the national DNA database. The police refused to remove the records after the acquittals. Held: The appeals failed. The refusal to remove the records was not an infringement of a … Continue reading Regina (on the application of S) v Chief Constable of South Yorkshire Police, Regina (Marper) v Same: CA 12 Sep 2002
The claimants had wanted to make a peaceful anti-monarchist demonstration during the wedding of the Duke and Duchess of Cambridge. They complained that the actions of the respondent police infringed their human rights by preventing that demonstration. Held: The appeal failed.The fundamental principle underlying article 5 is the need to protect the individual from arbitrary … Continue reading Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis: SC 15 Feb 2017
Lord Moulton said that the danger of departing from the ordinary meaning of unambiguous provisions is that ‘it may degrade into mere judicial criticism of the propriety of the acts of the Legislature’.Lord Haldane LC after stating that speculation on the motives of the Legislature was a topic which Judges cannot profitably or properly enter … Continue reading Vacher and Sons Ltd v London Society of Compositors: HL 18 Nov 1912
The defendant had contracted to build a ship for the plaintiff. When part built and paid for, the defendants demanded further payments over and above that agreed to finish the contract. The plaintiffs paid without protest, and took delivery, but some time later sued, alleging that the additional payments had been made under duress. Held: … Continue reading North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd (The Atlantic Baron): 1978
Sir Nicolas Browne-Wilkinson VC reviewed the cases about constructive trust claims summarising the result as follows: ‘That decision [Lyus] was approved by the Court of Appeal in Ashburn Anstalt v Arnold . . The Court of Appeal put what I hope is the quietus to the heresy that a mere licence creates an interest in … Continue reading IDC Group Ltd and others v Clark and others: CA 25 Jun 1991
The defendant appealed his conviction for murder, saying that his defence of provocation should have been left for the jury. Held: Not following Luc, it was open to admit relevant evidence on the defendant’s capacity for self-control. Having said it was admissible, what would have been its effect? The court could not decide that, and … Continue reading Regina v Parker: CACD 25 Feb 1997
The plaintiff sued for brain damage suffered at birth by use of forceps at the alleged professional negligence of his doctor. The Court of Appeal had reversed the judge’s finding in his favour. Held: In this case most of the evidence at issue was that of expert witnesses, and the court might therefore be more … Continue reading Whitehouse v Jordan: HL 17 Dec 1980
The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The authority, relying on Gorringe, said it was fulfilling a purely statutory duty. Held: Courts had not previously … Continue reading Carty v London Borough of Croydon: CA 27 Jan 2005
The 2004 Act had been passed without the approval of the House of Lords and under the provisions of the 1911 Act as amended by the 1949 Act. The 1949 Act had used the provisions of the 1911 Act to amend the 1911 Act. The claimant said this meant that the 1949 Act was void, … Continue reading Jackson and Others, Regina (on the Application of) v Her Majesty’s Attorney General: Admn 28 Jan 2005
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the … Continue reading Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004
The freeholder sought possession of his premises occupied by the defendant over many years. The tenant said that he had the protection of the 1954 Act as a tenant at will. The landlord said that the occupation was not protected. The formal tenancy had been terminated before the 1954 Act came in, but the tenant … Continue reading Wheeler v Mercer: HL 31 Oct 1956
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The evidence established that cauda equina syndrome was a random and inherent risk of the surgery, … Continue reading Chester v Afshar: HL 14 Oct 2004
The trustees of a 1948 settlement had advanced funds in 1957 by way of a new settlement, the terms of which did not comply with the rule against perpetuities. Not all the terms of the 1957 settlement would infringe the rule against perpetuities, but the effect of the rule was extensive. For example a child … Continue reading in Re: Abrahams’ Will Trust: ChD 1969
The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose. Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management ensuring that it was supplied with proper information and acted quickly. In this case the … Continue reading Norman, Regina v: CACD 31 Jul 2008
The mother resisted an order requiring her to return to Saudi Arabia her child, saying that his human rights would be breached in Saudi. Held: The court could apply the convention only as regards actions which would take place in a convention country. Speed was essential in dealing with international child abduction cases. Whilst there … Continue reading In re J (a child) (Child returned abroad: Convention Rights, Human Rights): CA 2 Apr 2004
The appellant had contracted to purchase maintenance from the defendant of aircraft it had also purchased from them. They sought damages for negligence, saying the defendants had failed to prevent a known risk of corrosion. The defendants argued that its contract excluded liability, and under the Act, that clause was not subjected to a test … Continue reading Amiri Flight Authority v BAE Systems Plc: CA 17 Oct 2003
The plaintiffs had bought a cottage subjecty to a tenancy to the defendant. They sought possession saying that she held under a tenancy at will. It was a renancy for her life but described as a tenancy at will. The judge had held that the other terms were quite inconsistent with a tenancy at will. … Continue reading Binions v Evans: CA 27 Jan 1972
There had been a dispute between shareholders, and the defendant was called upon to value the company. He issued a tender for valuers to value the properties. Complaint was made that the tender was negligent in its description of the basis for valuation. Held: Part of the skills of a chartered accountant, especially one who … Continue reading Goldstein v Levy Gee ( A Firm): ChD 1 Jul 2003
The court considered the direction to be given as to the existence of provocation so as to reduce a charge of murder to one of manslaughter. The reasonable man in the definition should be one with the defendant’s mental condition. ‘The judge should state what the question is using the very terms of the section. … Continue reading Regina (Director of Public Prosecutions) v Camplin: HL 1978
Where a claimant suffered mesothelioma, contracted whilst working with asbestos, but the disease may have been contracted from inhalation at different times, and with different employers, his claim must fail since it was not possible to identify which employer was in fact responsible so as to allow the court to apportion liability. The disease arose … Continue reading Fairchild v Glenhaven Funeral Services Ltd and Others, Dyson and Another v Leeds City Counci: CA 11 Dec 2001
When considering if premises fell within the section, and were ‘in such a state as to be prejudicial to health’, the court must consider some feature of the premises which was in itself prejudicial. An arrangement of rooms which was unsatisfactory and might be considered insanitary did not fall within the provision. The risk of … Continue reading Birmingham City Council v Oakley: HL 29 Nov 2000
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985
The test of professional negligence is the standard of the ordinary skilled man exercising and professing to have that special skill. Lord Scarman said: ‘a doctor who professes to exercise a special skill must exercise the ordinary skill must exercise the ordinary skill of his specialty. Differences of opinion and practice exist, and will always … Continue reading Maynard v West Midlands Regional Health Authority: HL 1985
