Whilst the law clearly allowed prosecutions under the Act after no more than two incidents of harassment, nevertheless, prosecutors should look to the reality of whether the acts complained of did in fact amount to a course of conduct under the Act. In this case, but marginally, they did. Prosecutors should look to the purpose … Continue reading Pratt v Director of Public Prosecutions: QBD 21 Jun 2001
In an earlier interim decision relating to an application for revocation, the claims of the patent had been found to be invalid but the patentee was allowed the opportunity to file amendments under s.75 aimed at rectifying the defects found. A request to amend was subsequently filed which was opposed by the claimant for revocation. … Continue reading Linstol UK Limited v Huang (Patent): IPO 21 Nov 2012
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
The respondent mortgagee had obtained an order for possession against the mortgagor freeholder, referred to in the judgment as ‘the Chief’, who had, prior to the mortgage, granted a tenancy to the appellant. Held: The landlord’s retention of a right to use the kitchen made the tenancy a restricted tenancy even though no use was … Continue reading The Mortgage Corporation Ltd v Ubah: CA 21 Mar 1996
The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit. Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined … Continue reading Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977
The officer had entered a fair rent for a caravan. The site owner sought the vacation of the entry. The caravan was fully mobile, but was also connected to mains water and electric and sewage. The connections were easily removed, and the caravan was from time to time moved. Held: Whether a caravan counted as … Continue reading Regina v Rent Officer of Nottinghamshire Registration Area, ex parte Allen: 1985
The court was asked whether the process of distraint against goods for unpaid tax under section 61 of the 1970 Act is an ‘execution’ within section 183 of the 1986 Act which applies where a creditor has issued, but not completed, execution against the goods or land of a company which is subsequently wound up. … Continue reading Brenner v Revenue and Customs; In re Modern Jet Support Centre Ltd: ChD 21 Jul 2005
The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005
Rents – Fair Rent Citations: [2021] UKFTT LON – 00AU – F77 Links: Bailii Statutes: Rent Act 1977 70 Jurisdiction: England and Wales Housing Updated: 30 June 2022; Ref: scu.673343
Defendant’s appeal from an order granting the claimant a possession order in respect of a ground floor flat. The basic question in the proceedings was whether the defendant had a tenancy protected under the Rent Act 1977. Held: The appeal succeeded. Citations: [2001] EWCA Civ 454, [2002] HLR 21, (2001) 82 P and CR DG7 … Continue reading Arogol Company Ltd v Rajah: CA 21 Mar 2001
Challenge to rent for regulated tenany. Judges: Peter Gibson, Chadwick, Keene LJJ Citations: [2001] EWCA Civ 237, [2001] L and TR 37, [2001] 21 EG 168, [2001] 2 EGLR 63, [2001] 6 EGCS 163, (2001) 33 HLR 71 Links: Bailii Statutes: Rent Act 1977 67(1) Jurisdiction: England and Wales Housing Updated: 27 June 2022; Ref: … Continue reading Haysport Properties Ltd, Regina (on the Application of) v Rent Officer of West Sussex Registration Area: CA 31 Jan 2001
The principle to the effect that the court should exercise its discretion to restrain a distress levied by a landlord before the commencement of a winding-up only where there were special circumstances rendering it inequitable that he should be permitted to do so, applies also to a distress levied by the Crown under a statutory … Continue reading Herbert Berry Associates Ltd v Inland Revenue Commissioners; re Herbert BerrySP, Regina (on The Application of) v The Lord Chancellor: HL 1977
Benefits in kind for pensioners. The Court was asked whether a person receiving an invalidity pension in the Netherlands was entitled to reclaim the cost of medical treatment in Germany. Held: The status of ‘worker’ for the purpose of article 22 was not restricted to active as opposed to inactive workers. Such pensioners came within … Continue reading Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland v Pierik: ECJ 31 May 1979
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
When choosing areas for assessment of amenity values and scarcity values an area in which a tenant could reasonably expect to choose from ignoring the amenity area, but not a really large area such as the South East of England. Citations: Times 11-Dec-1998, Gazette 03-Feb-1999 Statutes: Rent Act 1977 70(1) 70(2) Jurisdiction: England and Wales … Continue reading Queensway Housing Association Ltd v Chiltern Thames and Eastern Rent Assessment Committee; Laira Properties Ltd v Same; Cherry Tree Investments v Similar Etc: QBD 11 Dec 1998
Citations: [2003] EWCA Civ 1639 Links: Bailii Statutes: Rent Act 1977 137(2) Jurisdiction: England and Wales Housing Updated: 08 June 2022; Ref: scu.188120
A lease of a freight shed exonerated the lessor from ‘any claim . . for . . damage . . to . . Goods . . being . . in the said shed’ and requiring the lessee to indemnify the lessor ‘from and against all claims’. The negligent use of an oxy-acetylene torch by an … Continue reading Canada Steamship Lines Ltd v The King: PC 21 Jan 1952
The claimant appealed against a decision to strike out her claim for want of prosecution, and a failure to pay a sum ordered as security for costs. She had put jewelry with the defendants for safe keeping, and alleged it had been stolen. The lock on her safety deposit box had changed. During complex procedures, … Continue reading Nasser v United Bank of Kuwait: CA 21 Dec 2001
Income tax – Schedule D, Cases III and VI – Payments of interest and ground rent incurred when property was being developed – Whether capitalised or paid out of profits or gains brought into charge to tax – Income Tax Act 1952 (15 and 16 Geo. 6 and 1 Eliz. 2, c. 10), j. 170.The … Continue reading Fitzleet Estates Ltd v Cherry: HL 9 Nov 1977
The respondent had determined a fair rent under the 1977 Act, on the grounds that LRAC had adopted an impermissible approach to the question of whether any ‘scarcity’ deduction fell to be made and to its assessment of that deduction as 30%. Judges: Mr Justice Ouseley Citations: [2002] EWHC 835 (Admin) Links: Bailii Statutes: Rent … Continue reading Yeoman’s Row Management Ltd v Chairman of the London Rent Assessment Committee: Admn 19 Apr 2002
Europa The wording of the second subparagraph of article 40(3) of the Treaty does not refer in clear terms to the relationship between different industrial or trade sectors in the sphere of processed agricultural products . This does not alter the fact that the prohibition of discrimination laid down in the aforesaid provision is merely … Continue reading Ruckdeschel and Others v Hauptzollamt Hamburg-St Annen: ECJ 19 Oct 1977
When a court sets a new rent on an application for a new lease under the 1954 Act, the valuation date is, in practice, the date upon which it sets the new rent, taking effect from the date when the new lease is to be executed, although striclty according to the words of the section, … Continue reading Lovely and Orchard Services v Daejan Investments (Grove Hall) Ltd: QBD 1977
An injunction was sought to restrain publication of confidential information about a well-known pop group, starring Tom Jones and Engelbert Humperdinck. As the group’s press agent, the defendant’s role had been to see that the group received favourable publicity. However, after parting company, amicably, with the group, the defendant disclosed ‘no doubt, for a very … Continue reading Woodward v Hutchins: CA 1977
Valuers acting competently and professionally may reach widely varying conclusions as to value. There is a permissible margin of error, the ‘bracket’. What can properly be expected from a competent valuer using reasonable care and skill is that his valuation falls within this bracket. A valuation that falls outside the permissible margin of error calls … Continue reading Singer and Friedlander Ltd v Wood: 1977
United States Supreme Court – Title 19 U.S.C. ss 482 and implementing postal regulations authorize customs officials to inspect incoming international mail when they have a ‘reasonable cause to suspect’ that the mail contains illegally imported merchandise, although the regulations prohibit the reading of correspondence absent a search warrant. Acting pursuant to the statute and … Continue reading United States v Ramsey: 6 Jun 1977
Donaldson LJ said: ‘I have on occasion found it a useful test notionally to write into the contract under consideration a declaratory clause expressing the fact that the parties are not subject to the obligations which would flow from the clause which it is urged should be implied. I think it is useful in this … Continue reading Bournemouth and Boscombe FC Limited v Manchester United FC Limited: CA 21 May 1980
Planning permission had been granted for an office block, together with 8 flats as part of the same building. The building was largely erected, with the residential part incomplete. There was an application to change the existing permitted use of the residential part of the block to office use. That application was refused. The resulting … Continue reading Clyde and Co v Secretary of State for the Environment: CA 1977
The court considered the meaning of the word ‘refer’ in the section. Held: Words such as ‘deliver’ or ‘present’ ordinarily require that the transfer shall be completed. Words like ‘send’ or ‘despatch’ do not. The argument on the word ‘referred’, suggest that its meaning is imprecise, and that it is much coloured, as meaning either … Continue reading Nash v Ryan Plant International Limited: 1977
The defendants had, in the course of building operations, caused nuisance and damage to the plaintiff’s building. The dispute was very lengthy, the costs of repair increased accordingly, and the parties now disputed the date at which damages fell to be assessed. Held: It was not apparent why a tortfeasor must take his victim as … Continue reading Dodd Properties (Kent) Ltd v Canterbury City Council: CA 21 Dec 1979
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority appealed a finding that it was liable, arguing that the claims were time barred and that it had … Continue reading Anns and Others v Merton London Borough Council: HL 12 May 1977
Anns v Merton Overruled The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval under the building bye-laws. The Council approved them. The Council was … Continue reading Murphy v Brentwood District Council: HL 26 Jul 1990
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
Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. He was acquitted. Later he was charged with perjury said to arise from his … Continue reading Director of Public Prosecutions v Humphrys: HL 1977
There was a dispute about the legitimacy of an heir to the title. New evidence had been discovered after the trial. Held: The House considered whether a new trial of an action might be ordered after discovery of new evidence: ‘The law knows, and we all know, that sometimes fresh material may be found, which … Continue reading The Ampthill Peerage Case: HL 1977
The bank had brought possession proceedings against the defendant under two legal charges securing personal guarantees. The proceedings had been abandoned, but the court now was asked whether costs for the defendant should be on the standard or indemnity basis. The defendant argued that the proceedings had been brought for a collateral purpose and were … Continue reading The Co-Operative Bank Plc v Phillips: ChD 21 Aug 2014
LRA A lease created by the owner of a rentcharge pursuant to section 121 of the Law of Property Act 1925 is not registrable as a lease at HM Land Registry but is a mortgage which can only be protected on the register by a notice at least where the rentcharge is to end in … Continue reading Roberts and Others v Keegan (Rentcharges : Nature and Extent): LRA 1 Oct 2014
The husband was a serving soldier who had had various postings abroad. The wife returned home, where she discovered that she was pregnant. He followed her home, but she left him, and applied for maintenance. The justices found that she had deserted him, and that her behaviour was ‘gross and obvious misconduct’ and reduced her … Continue reading Robinson v Robinson (Practice Note): CA 2 Jan 1982
The claimants sought damages from the defendant. He had been employed to manage their horse-racing activities, and it was alleged that he had made secret profits. The defendant denied any dishonesty, saying all matters were known to the deceased principal of the claimants. Held: The defendant had withheld disclosure of his possible personal interests in … Continue reading Newgate Stud Company, Newgate Stud Farm Llc v Penfold, Penfold Bloodstock Limited: ChD 21 Dec 2004
Appeal against strike out of statement of claim. The plaintiffs had negotiated with the defendants for the purchase of several properties. Though formal contracts were never exchanged, the plaintiffs said that they had the benefit of a unilateral contract to enter into a binding written contract. Buckley, Orr, Goff LJJ [1977] EWCA Civ 5, [1978] … Continue reading Dahlia Ltd v Four Millbank Nominees Ltd and Another: CA 24 Nov 1977
Intention to Establish Adverse Possession of Land A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner. Held: Slade J said: ‘It will be convenient to begin by restating a few basic principles relating to … Continue reading Powell v McFarlane: ChD 1977
The husband remained in the home after the divorce and paid all mortgage instalments. Held: An occupation rent was payable.Stamp LJ said: ‘a beneficiary entitled to an equal share in equity of property of which he is a trustee, and which he himself occupies, is to be charged with at least an occupation rent so … Continue reading Suttill v Graham: CA 1977
Lord Denning MR said: ‘In Jefford v Gee . . we said that, in personal injury cases, when a lump sum is awarded for pain and suffering and loss of amenities, interest should run ‘ from the date of service of the ‘writ to the date of trial’. At that time inflation did not stare … Continue reading Cookson v Knowles: CA 1977
ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of … Continue reading Regina v Pierre Bouchereau: ECJ 27 Oct 1977
Exercise of Power to Strike Out The court has an inherent power to strike out an action for want of prosecution, and the House set down the conditions for its exercise. The power is discretionary and exercisable only where (a) there has been inordinate and inexcusable delay and (b) such delay has given rise to … Continue reading Birkett v James: HL 1977
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
A contract was made for the sale of a plot of land adjoining a house belonging to the plaintiff (the vendor) but occupied by his tenants, under which the defendant (the purchaser) undertook to build a house on the plot and also to erect a wall to a certain specification on the plot so as … Continue reading Radford v De Froberville: 2 Jan 1977
The House considered the application of Orders made under the Counter-Inflation Acts 1972 and 1973 to premises let initially to the Minister of Works and then to the Secretary of State for the Environment for occupation by civil servants. Each of the relevant counter-inflation Orders contained definitions of ‘business tenancy’ and ‘business’. Held: In view … Continue reading Town Investments Ltd v Department of the Environment: HL 2 Mar 1977
The liability to account for profits on breach of the self-dealing rule and the fair-dealing rule does not arise from a breach of duty at all. In his judgment such liability is the consequence of an equitable disability rather than of a breach of duty, such as a breach of trust by a trustee or, … Continue reading Tito v Wadell (No 2): ChD 1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order. Held: The wide wording of the statute did not mean that the courts had, in effect, limitless powers to grant interlocutory … Continue reading Gouriet v Union of Post Office Workers: HL 26 Jul 1977
Common Law – Public Nuisance – Extent The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a joke. The envelope had leaked causing a terrorist … Continue reading Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005
The father opposed adoption of a child by the mother and her new husband. The House was asked whether his opposition was unreasonable. Held: Lord Wilberforce said: ‘What, in my understanding, is required is for the court to ask whether the decision, actually made by the father in his individual circumstances, is, by an objective … Continue reading In re D (An Infant) (Adoption: Parent’s Consent): HL 1977
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
A specially constituted CACD heard sentencing appeals for defendants serving life terms for very grave crimes, and in particular, the judicial assessment of the minimum term to be served by the appellants for the purposes of punishment and retribution before the possibility of their release may be considered. It was argued that a whole life … Continue reading Oakes and Others v Regina: CACD 21 Nov 2012
The activities of a long established cricket club had been found to be a legal nuisance, because of the number of cricket balls landing in the gardens of neighbouring houses. An injunction had been granted to local householders who complained of cricket balls landing in their gardens. The defendant appealed. Held: A factor to be … Continue reading Miller v Jackson: CA 6 Apr 1977
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’). Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance was addressed would have understood the author to be using the words to mean. Notice, however, that … Continue reading Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc: HL 21 Oct 2004
The court considered the circumstances giving rise to a plea of res judicata, and proposed a test of privity in cases which did not fall into any recognised category. ‘Second, it seems to me that the sub-stratum of the doctrine is that a man ought not to be allowed to litigate a second time what … Continue reading Gleeson v J Wippell and Co Ltd: ChD 1977
Transactions were entered into under which loans were made to enable the borrower to acquire and develop certain properties were held to be unenforceable under the 1927 Act. The effect was to enrich the borrower, who had fallen into arrears of payments of interest and moneys due but was successful in his defence that all … Continue reading Orakpo v Manson Investments Ltd: HL 1977
The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006. Held: The secretary of state’s appeal failed. The fact that the guidance differentiated between NHS service and private medical care indicated that … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008
Massey worked as Crown Life’s manager under 2 contracts, one a contract of employment, the other a contract of general agency. Tax and other contributions were deducted from wages paid under the former, while commission was paid under the agency contract. Under the agency contract Massey could work for other insurance brokers. Later, with Crown … Continue reading Massey v Crown Life Insurance Company: CA 4 Nov 1977
Land was bought for development, but the purchaser later discovered a sewage pipe which very substantially limited its development potential. The existence of the pipe had not been disclosed on the sale, being unknown to the seller. Held: Under the National Conditions of Sale, it is the purchaser who takes the risk of there being … Continue reading William Sindall Plc v Cambridgeshire County Council: CA 21 May 1993
The court considered consolidated appeals relating to the use of Order 17 Rule 11. Hirst, Morritt, Brooke LJJ [1998] 1 WLR 1379, [1998] 3 All ER 97, [1998] EWCA Civ 882 Bailii County Court Rules Order 17 Rule 11 England and Wales Citing: Cited – Bannister v SGB Plc and others and 19 Other Appeals … Continue reading Cockerill v Tambrands Ltd; Prolaw Ltd v Adams; Jackson v Pinchbeck: CA 21 May 1998
The section in the 1881 Act does not apply to a quasi-easement because ‘When land is under one ownership one cannot speak in any intelligible sense of rights, or privileges, or easements being exercised over one part for the benefit of another. . .
A party sought leave to appeal out of time in reliance on an intervening decision of the House of Lords.
Held: A change in the understanding of the law would not suffice in the absence of special circumstances. . .
The question of a proprietary estoppel as between landlord and tenant arose. An agreement had been reached subject to contract for the grant of a lease, with an option to purchase. The tenant was allowed into possession before the documentation was . .
The patentees had two patents relating to parts of oil rigs, coming into play to clean drill bits of cuttings on retraction. The defendants sold re-conditioned frames for this process.
Held: Where the apparent exercise of a right of repair . .
A right of withdrawal had been granted to a shipowner under a time charterparty if the charterer failed to make a punctual monthly payment of hire.
Held: If the monthly hire had not been punctually paid, the right of withdrawal remained even . .
One plaintiff was the exclusive licensee of a registered design. The defendant sold articles alleged to infringe the design right. The registered owner had a statutory right to sue for infringement. But the question was whether the licensee could . .
The principle to the effect that the court should exercise its discretion to restrain a distress levied by a landlord before the commencement of a winding-up only where there were special circumstances rendering it inequitable that he should be . .
References: [1977] 1 WLR 1262 Coram: Oliver J A contract was made for the sale of a plot of land adjoining a house belonging to the plaintiff (the vendor) but occupied by his tenants, under which the defendant (the purchaser) undertook to build a house on the plot and also to erect a wall to … Continue reading Radford v De Froberville; 2 Jan 1977
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
The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995
A provision in a tenancy agreement that the tenancy would cease upon the bankruptcy of the tenant, continued and became part of the terms of a statutory tenancy following the contractual one. The provision was not inconsistent with the idea of the statutory tenancy, and the term was implied into the statutory tenancy. Judges: Stuart-Smith … Continue reading Cadogan Estates Ltd v McMahon: CA 9 Jun 1999
The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to the claimant, who now sought possession through forfeiture. The defendant sought relief … Continue reading Broadway Investments Hackney Ltd v Grant: CA 20 Dec 2006
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005
The council laid complaints against the defenedant that it had not properly re-instated road surfaces after completing works. It now appealed, by way of case stated, against the court’s acceptance of the defendant’s argument that the large number of individual complaints would lead to a risk of a substantially greater punishment than parliament had intended, … Continue reading Hertfordshire County Council v National Grid Gas Plc: Admn 2 Nov 2007
When asked to consider whether a person cohabiting with a tenant before his death, and seeking a statutory tenancy after his death, the court stressed the importance of a ‘sufficient state of permanence and stability’ having been reached in the relationship so as to constitute a family. Cohabitation for two years still enabled the woman … Continue reading Chios Property Investment Ltd v Lopez: 1987
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
The builders had obtained a charging order for the costs awarded to them in extensive litigation, and a third party costs order but without the third party having opportunity to test the bill delivered. They had agreed to sell land to the defendant, but he had required the transfer to be in a different form … Continue reading Nelson v Greening and Sykes (Builders) Ltd: CA 18 Dec 2007
The court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants. Held: The test to be applied under section 14(2) was ‘partly subjective’and ‘section 14(2) was designed principally to provide for cases of late diagnosis … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 10 Jun 2003
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had decided that the court should abstain from making an order ex parte requiring immediate answers to interrogatories or disclosure … Continue reading Rank Film Distributors v Video Information Centre: HL 1 Mar 1981
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind. An acknowledgement of non-reliance clause has become a common part of modern commercial contracts. An entire agreement clause limits the terms of the parties’ agreement to their written agreement and … Continue reading Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim. Held: (Smith LJ dissenting) The defendants appeals succeeded. The claimants had three possible claims, none of which on their own would amount to … Continue reading Rothwell v Chemical and Insulating Co Ltd and Another: CA 26 Jan 2006
If ‘suitable alternative accommodation’ was offered in exchange for a protected tenancy, the court need look only for some security for the tenant, not that he should receive equal protection. Where the landlord persuades the Rent Act protected tenants to surrender their old tenancy before taking a new tenancy, the lessees would not have been … Continue reading Laimond Properties Limited v Al-Shakarchi: CA 10 Feb 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
Money had been loaned for the purchase of three ships,and mortgages over the ships had been given given. The borrowers were in default, and the lender sought to arrest the vessels. The defendant argued that the way the arrest had been undertaken caused additional losses. Held: The Bank’s actions constituted a breach of the obligation … Continue reading Den Norske Bank Asa v Acemex Management Company Ltd: CA 7 Nov 2003
The application related to method of storing data in a computer. The method relied on de-duplication of the data such that only one copy of the data is stored. If an attempt is made to store a further copy of the same data then instead of storing that same data again, a pointer to the … Continue reading Quantum Corporation (Patent): IPO 14 Nov 2012
The plaintiffs contracted for the delivery and installation of equipment by the defendant. After delays and defects the claimants sought damages. The defendants said that the contract provided that any liabiity for consequential losses was to be limited to the value of the contract. Held: The appeal failed. The cases had already settled the meaning … Continue reading British Sugar Plc v NEI Power Projects Limited and Anr: CA 8 Oct 1997
A homosexual partner of a deceased tenant was not a member of that tenant’s family so as to entitle him to inherit the Rent Act tenancy on the death of his partner. Citations: Times 31-Jul-1997, [1997] EWCA Civ 2169, [2000] L and TR 44 Links: Bailii Statutes: Rent Act 1977 Sch 1 2(2) Jurisdiction: England … Continue reading Fitzpatrick v Sterling Housing Association: CA 23 Jul 1997
IPO Patent applications GB0621068.6 and GB0621069.4 relate to methods where parthenogenesis is used to activate a human oocyte (i.e. stimulation of a human oocyte, without fertilisation by a sperm cell) to produce a parthenogenetically-activated oocyte or ‘parthenote’. GB0621068.6 concerns the production of human stem cells from such parthenotes, whilst GB0621069.4 concerns human synthetic corneas and … Continue reading International Stem Cell Corporation (Patent): IPO 16 Aug 2012
The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which appeared to be fabrications. Held: Where a party was in breach of court … Continue reading Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999
Judges: Miss Joanna Smith QC Sitting as a Deputy Judge of the High Court Citations: [2018] EWHC 1873 (Ch) Links: Bailii Statutes: Rent Act 1977 13, Housing Act 1988 38 Jurisdiction: England and Wales Housing Updated: 31 October 2022; Ref: scu.682212
ICO This decision concerned whether the patent in suit should be restored following a failure to pay the renewal fee. In December 2000 and January 2001respectively two patent applications were filed for the same invention – a British (GB) application and a European (EP) application, the latter designating amongst other countries, GB and claiming priority … Continue reading Orkli (UK) Limited (Patent): IPO 30 Sep 2009
IPO The application is concerned with games such as poker in which a combination of cards makes up a winning hand, or slot machine symbols making a winning row. In the card variant, certain cards have associated with them other, different, cards; for example the seven of hearts could be associated with the ace of … Continue reading IGT (Patent) O/198/07: IPO 16 Jul 2007
IPO Excluded fields (refused) – In a gaming machine, different results were classified into sets producing the same outcome, all results producing the same outcome being in the same set; the results were numbered and stored in a memory with the outcomes; and a processor randomly selected one of the outcomes and one of the … Continue reading IGT (Patent) O/077/07: IPO 15 Mar 2007
IPO The Hearing Officer found that the proprietor, represented by the General Manager (the Directing Mind), had effectively taken reasonable care to see that the sixteenth year renewal fee was paid by issuing standing instructions that renewal fees should be paid automatically on any overseas patent which was licenced, even if its Japanese parent patent … Continue reading Sumitomo Rubber Industries Limited (Patent): IPO 14 Nov 2003
The company appealed against a finding that they were in breach of their contract of employment in not including the claimant in those considered for an enhanced redundancy package. Held: The appeal failed. Tribunals should be cautious before appearing to extend the terms of the implied duty of trust and confidence between employer and employee.Pill … Continue reading Transco Plc v O’Brien: CA 7 Mar 2002
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages. Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue … Continue reading Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003
The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
ECJ The Court of Justice considered a reference for a preliminary ruling, pursuant to article 1977 of the Treaty, as having been validly brought before it so long as the reference has not been withdrawn by the court from which it emanates or has not been quashed on appeal by a superior court. The direct … Continue reading Amministrazione Delle Finanze Dello Stato v Simmenthal SpA (No 2): ECJ 9 Mar 1978
