Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
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
The claimants sought damages for psychiatric injury. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. Held: The claim failed: ‘these claimants have no real prospect of establishing that it was reasonably foreseeable that the corporate failings would cause them psychiatric … Continue reading French and others v Chief Constable of Sussex Police: CA 28 Mar 2006
The court considered the effect on sentencing for road traffic cases after the increase in sentence maxima for causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs, and the effect on the guidelines in Cooksley. Held: The guidelines in Cooksley should be revisited so that … Continue reading Richardson and Others, Regina v: CACD 18 Dec 2006
The court rejected the defendant’s argument that the prosecutor should have put in evidence the results of the roadside breath test. Mitting J referred to the case of Badkin: ‘But nothing in the judgment of Glidewell LJ leads to the conclusion that in every case the prosecution must obtain from the manufacturers an analysis of … Continue reading Murphy v Director of Public Prosecutions: Admn 20 Jun 2006
It is not necessary for a party to seek permission to rely upon an expert’s report, when disclosed by another party, even though the court has not given anyone specific permission to do so. Judges: His Honour Peter Coulson QC Citations: [2006] EWHC 43 (TCC) Links: Bailii Jurisdiction: England and Wales Cited by: See Also … Continue reading Gurney Consulting Engineers (A Firm) v Gleeds Health and Safety Ltd Gleeds Management Services Ltd: QBD 25 Jan 2006
The appellant broke his neck slipping from a wall in a swimming pool in Lanzarote. The wall was not coated with fully non-slip paint. At first instance the failure to use such paint was held negligent for the purpose of the contract between them and the appellant, and a breach of contract. A physical barrier … Continue reading Clough v First Choice Holidays and Flights Ltd: CA 25 Jan 2006
ICO The complainant requested figures for the number of speeding tickets issued at camera sites 265 and 266 on Marlow Road in High Wycombe. The public authority refused to provide this information citing section 31 (Law Enforcement Exemption) as the basis for its refusal. In correspondence with the Commissioner, the public authority also cited section … Continue reading Thames Valley Police (Decision Notice): ICO 10 Aug 2006
The defendant applied to set aside an order giving leave to serve abroad in a contractual claim where the contract contained a non-exclusive jurisdiction clause. Held: summarised the effect of such a clause, as the law emerged from extensive citations of authority: ‘The fact that the parties have freely negotiated a contract providing for the … Continue reading Antec International Ltd v Biosafety USA Inc: QBD 27 Jan 2006
The claimant had committed an act of serious negligence, jeopardising the safety of his colleagues. He was removed from his post as a scenic carpenter but offered an alternative post of maintenance carpenter on a trial basis, which was unacceptable to him. He resigned and successfully claimed constructive dismissal. Held: The imposition of a punishment … Continue reading British Broadcasting Corporation v Beckett: EAT 1983
The defendants appealed convictions and sentence (6 and 4 years) for conspiracy to sell red diesel as ‘DERV’ and for money laundering of the proceeds of the crime. The sums involved exceeded andpound;1.4m. They said that documents should not have been admitted as real evidence. Held: ‘although it might in theory have been possible to … Continue reading Owens and Another, Regina v: CACD 6 Sep 2006
The council sought a confirmatory faculty after having laid flat headstones in the cemetry fearing that they were a health and safety risk. Held: A confirmatory faculty in respect of past actions was refused. A conditional faculty was granted for the future. The council was obliged to restore the gravestones where their actions did not … Continue reading In re Welford Road Cemetry, Leicester: ConC 23 Jan 2006
The victim died on a farm when his dumper truck overturned burying him in its load. Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of injury arose out of the state of affairs at the … Continue reading Chargot Limited (T/A Contract Services) and Others, Regina v: HL 10 Dec 2008
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 offence of causing death by driving while unlicensed, disqualified or uninsured, is committed if the driver is unlicensed, disqualified or uninsured and if the driving is a cause of death in the sense that it was ‘more than negligible or de minimis’. It was not an element of the offence that the defendant’s driving … Continue reading Williams, Regina v: CACD 2 Nov 2010
The Court was asked whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006. Held: However reluctantly, the claimant’s appeal was dismissed. Parliament must be assumed to have intended that the Crown be not bound by … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: SC 19 Dec 2017
The plaintiff sued when his horse slipped on tramlines in the road and fell. Stone setts or paving between the rails of a tramway in Grafton Street, Dublin, had become slippery owing to the grit or roughness of setts being worn away. In that state, the paving between the rails was dangerous and a nuisance, … Continue reading Dublin United Tramways Co Ltd v Martin Fitzgerald: HL 1903
The second defendant insurers appealed against a refusal by the court to allow it to withdraw an admission of liability in respect of a road traffic accident. The insurer said that the fact that it now saw the accident as fraudulent was an exceptional circumstance such as to allow the change. Held: The appeal failed. … Continue reading Dar v Vonsak and Another: QBD 17 Dec 2012
The defendant faced with an allegation of failng to provide a specimen of breath, argued that the consumption of alcohol since he had been driving could amount to a reasonable excuse. Held: The court considered what would amount to a reasonable excuse for a driver failing to provide a specimen of breath: ‘A state of … Continue reading Regina v Lennard: CACD 1973
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming lessons. She said that the duty of care was non-delegable. Held: Her appeal succeeded. For a … Continue reading Woodland v Essex County Council: SC 23 Oct 2013
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested. Held: The club occupied strictly onlt the stadium itself and implied rights of access. … Continue reading Greater Manchester Police v Wigan Athletic AFC Ltd: ChD 21 Dec 2007
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
A parent had complained about the closure of a hospital unit which led to his daughter not receiving treatment. The Commissioner in her report commented adversely on the doctors involved. Both doctors and the parent sought judicial review of the report. Held: The appeal succeeded, and a review was granted. The Commissioner’s functions were limited … Continue reading Nicholas Cavanagh Raymond Bhatt Frank Redmond v The Health Service Commissioner: CA 15 Dec 2005
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005
The court considered the liability of employers for stress injury to several employees. Held: Though the principles of awarding damages for stress related psychiatric injury are the same as those for physical injury, the issues have still troubled the courts. The 16 issues identified in Hatton were not exhaustive. One of the appeals at issue … Continue reading Hartman v South Essex Mental Health and Community Care NHS Trust etc: CA 19 Jan 2005
A pregnant barmaid suffered nervous shock causing her to give premature birth as a result of the tortfeasor’s horse van bursting into her bar at the Bonner Arms in Bethnal Green from the roadway. The defendant pleaded that the damages claimed were too remote. Held: In principle ‘terror wrongfully induced and inducing physical mischief gives … Continue reading Dulieu v White and Sons: KBD 1901
The employer was prosecuted under the 1961 Act. Held: the burden of proving that it was not reasonably practicable to make and keep a place of work safe rested upon the defendant employer. If an exception was to be established, it was for the party claiming the exception to establish it. (Majority) Where a linguistic … Continue reading Nimmo v Alexander Cowan and Sons Ltd: HL 1967
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
The defendant was charged with offences for having been in possession of a document or record containing information of a kind ‘likely to be useful to a person committing or preparing an act of terrorism’. It was thought he was associated with a terrorist plan to attack the government of Libya. The defendant argued that … Continue reading Regina v F: CACD 16 Feb 2007
A motorist was suspected of driving under the influence of alcohol and was required to provide a specimen of breath. He claimed that he had consumed alcohol only a few minutes earlier and the constable had to wait until 20 minutes had elapsed before administering a breath test. Meanwhile the appellant consumed more alcohol supplied … Continue reading Dibble v Ingleton: 1972
REACH – Article 11 of Regulation (EC) No 1907/2006 – Article 3(3) of Implementing Regulation (EU) 2016/9 – Requirement for joint submission of data – Joint submission with possibility of a complete opt-out – Administrative practice of ECHA requiring an agreement on the terms for making a joint submission with the lead registrant for a … Continue reading BASF and Reach and Colours v ECHA (Research and Technological Development – Requirement for Joint Submission of Data – Judgment): ECFI 3 Oct 2019
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
Statutory Duty Not Extended by Common Law The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down. Held: The claim failed. The duty could not be extended to include … Continue reading Gorringe v Calderdale Metropolitan Borough Council: HL 1 Apr 2004
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
Approximation of Laws – Opinion – Failure of a Member State to fulfill obligations – Directive 2007/46 / EC – Liability of national authorities – Measures relating to the conformity of vehicles with technical requirements – Balancing the conformity gap and safety risks – Obligations of the manufacturer – Penalties – Directive 2006/40 / EC … Continue reading Commission v Germany -C-668/16: ECJ 11 Apr 2018
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
Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996
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
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
The complainant made requests for over 50 pieces of information to the member organisations of Derbyshire Safety Camera Partnership (‘DSCP’). The requests were made over a total of 19 occasions and were all related to an alleged road traffic offence. The complainant received relevant information and advice in relation to his requests, until he made … Continue reading Derbyshire Constabulary (Decision Notice): ICO 15 Feb 2007
ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of ‘road transport’ – Maximum weekly working … Continue reading Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1): ECJ 5 Oct 2004
ECJ Judgment – Reference for a preliminary ruling – Articles 49 TFEU and 51 TFEU – Freedom of establishment – Directive 2006/123/EC – Scope – Services in the internal market – Directive 2009/40/EC – Access to vehicle roadworthiness testing activities – Exercise by a private body – Activities connected with the exercise of official authority … Continue reading Grupo Itevelesa And Others v OCA Inspeccion Tecnica de Vehiculos SA: ECJ 15 Oct 2015
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for ten years from 42%, when he first consulted the doctor to 25%. The House … Continue reading Gregg v Scott: HL 27 Jan 2005
The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates. Held: The court dismissed the application: ‘First, the fact that there is, in accordance with my … Continue reading Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road. Held: The statutory duty on a highway authority to keep a road in repair did not include an absolute duty to remove all ice. The … Continue reading Goodes v East Sussex County Council: HL 16 Jun 2000
Safety of Stairs within Undergrounds Care of duty The Claimant sued the London Underground company because their relative Mr Ovu died after falling down stairs on a fire escape. It was late at night and he wandered on his own on a cold night, outdoors, onto the stairs. The staircase was in good condition. The … Continue reading Ovu v London Underground Ltd (Duty of Care): QBD 13 Oct 2021
The court considered allegations of contempt of court by protesters disobeying court injunctions. Held: The allegations were variously proved, and indeed were largely uncontested. Sentences of imprisonment were imposed ranging up to 6 months: ‘By deliberately defying the M25 Order, these defendants broke the social contract under which in a democratic society the public can … Continue reading National Highways Ltd v Heyatawin and Others: QBD 17 Nov 2021
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
Railway workers duties outside scope for damages A railway worker’s widow sought compensation after her husband was killed by a train. Held: He had been involved in routine maintenance and oiling at the time of the accident and was not ‘relaying or repairing’ tracks. She was not entitled to compensation.Lord Porter said that the word … Continue reading London and North Eastern Railway Company v Berriman: HL 1946
The plaintiffs were steel dressers who, in the course of their employment, had inhaled quantities of noxious dust which had caused them to suffer from pneumoconiosis. They issued proceedings on 1 October 1956 but were unable to show any breach of duty by their employers which contributed to their condition after 1 October 1950. The … Continue reading Cartledge v E Jopling and Sons Ltd: HL 1963
amnesty_ahmedEAT2009 EAT RACE DISCRIMINATION – Direct discriminationRACE DISCRIMINATION – Indirect discriminationRACE DISCRIMINATION – Protected by s. 41UNFAIR DISMISSAL – Constructive dismissalClaimant, of (northern) Sudanese ethnic origin, applied for promotion to role of ‘Sudan researcher’ for Amnesty International – Not appointed because Amnesty believed that the appointment of a person of her ethnic origin would compromise … Continue reading Amnesty International v Ahmed: EAT 13 Aug 2009
No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case had otherwise been effectively settled. Held: With considerable misgivings, the court agreed to hear the appeal. … Continue reading Rolls-Royce plc v Unite the Union: CA 14 May 2009
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, to testify should their identities be disclosed. He now said that … Continue reading Regina v Davis: HL 18 Jun 2008
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 of the 1996 Act. The judge had acted on the basis that a … Continue reading Greater Manchester Police v Wigan Athletic AFC Ltd: CA 19 Dec 2008
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work. Held: Employers have a duty to take reasonable care for the safety of their employees. There are no special controls on claims for psychiatric (or physical) injury or illness arising from the stress of doing … Continue reading Sutherland v Hatton; Barber v Somerset County Council and similar: CA 5 Feb 2002
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not defended a claim of negligence in their management of safety at the match at Hillsborough … Continue reading Alcock and Others v Chief Constable of South Yorkshire Police: HL 28 Nov 1991
The claimant was seriously injured in a professional boxing match governed by rules established by the defendant’s rules. Ringside medical facilities were available, but did not provide immediate resuscitation. By the time he received resuscitation in hospital he had sustained permanent brain damage which such treatment would have prevented. Held: A body which had responsibility … Continue reading Michael Alexander Watson v British Boxing Board of Control Ltd, World Boxing Organisation Incorporated: CA 19 Dec 2000
The appellants said that the 2004 Act infringed their rights under articles 8 11 and 14 and Art 1 of protocol 1. Held: Article 8 protected the right to private and family life. Its purpose was to protect individuals from unjustified intrusion by state agents into the private sphere within which they expected to be … Continue reading Countryside Alliance and others, Regina (on the Application of) v Attorney General and Another: HL 28 Nov 2007
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had happened. She saw and comforted her injured husband … Continue reading McLoughlin v O’Brian: HL 6 May 1982
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time to time. Held: (Majority) A claim in contract or tort for damages for psychiatric injury is a claim … Continue reading Page v Smith: HL 12 May 1995
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the condition. The claimants appealed dismissal of their claim. Held: It is for a claimant to prove that … Continue reading Fairchild v Glenhaven Funeral Services Ltd and Others: HL 20 Jun 2002
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for which a prosecution was authorised was framed so as to breach the accused’s human rights was to … Continue reading Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999
The claimant, displaced from the Chagos Archipelago, challenged a decision by the respondent to create a no-take Marine Protected Area arround the island which would make life there impossible if he and others returned. The respondent renewed his objection to the use of leaked materials, saying that this would be a breach of the Official … Continue reading Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 11 Jun 2013
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against refusal of a strike out of the claim. The Court of Appeal said that it was … Continue reading Fairclough Homes Ltd v Summers: SC 27 Jun 2012
The claimant teacher said that she suffered personal injury from stress after the board of governors improperly failed to protect her from from false complaints. The Council now appealed against an award of substantial damages. Held: The Council’s appeal failed. It should have exercised the statutory discretion available to it, to replace the school’s governing … Continue reading Connor v Surrey County Council: CA 18 Mar 2010
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
Exercise of Ministerial Discretion The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when compared with prices paid to producers in other regions. The Minister … Continue reading Padfield v Minister of Agriculture, Fisheries and Food: HL 14 Feb 1968
The claimants sought damages alleging fraud in a company share purchase. They said that their lawyer had secretly been working for the sellers. The claim form had been issued, but the claimant had delayed in requesting permission for its service . .
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
The claimant rights holders sought an order to require the defendant broadband internet provider to deny access to its users to websites which were said to facilitate the distribution of infringing copies of their films. An earlier judgment had . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References: [1983] 1 AC 410, [1982] 2 All ER 298, [1982] UKHL 3, [1982] 2 WLR 982 Links: Bailii Coram: Lord Wilberforce, Lord Bridge, Lord Scarman Ratio: The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at … Continue reading McLoughlin v OBrian: HL 6 May 1982
