The plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of drainage (except in one respect) but whose employees had failed to … Continue reading Burnside and Another v Emerson and Others: CA 1968
The plaintiff had been injured in a road accident in Malta. By the law of Malta, non-economic damage (pain and suffering, loss of amenity) was not actionable. Only financial loss was compensatable. The plaintiff brought proceedings in England. The court was asked whether the rule excluding liability for non-economic damage was part of the substantive … Continue reading Boys v Chaplin: CA 1968
The transport of motorway maintenance vehicles and plant to and from sites on the back of a low loader is not sufficiently closely connected with the use of such machines on the motorways, to attract exemption as for such use from the general regulation of transport, including in particular, the need for the use of … Continue reading Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another: HL 8 Jul 1999
The plaintiff was charged with an attempting to commit an offence of taking and driving away a motor vehicle without the consent of the owner. The Justices fined him andpound;10 and ordered that the particulars of the conviction should be endorsed on his licence. Held: There was no jurisdiction to endorse for an offence of … Continue reading Bell v Ingham: QBD 1968
A school sergeant attempted to stop a vehicle which had been fly-tipping on private school land from leaving the land by standing in front of it. When the lorry moved toward him, the driver being determined to leave, he was forced to jump to one side. The front wing of the lorry caught him as … Continue reading Randall v The Motor Insurers Bureau: QBD 1968
The Court described the gap in provision for the recovery of damages for injury where the driver of a vehicle was uninsured: ‘if (a) the defendant was not insured at the time of the accident or (b) his policy of insurance was avoided in the circumstances specified in section 10(3) of the Road Traffic Act … Continue reading Gurtner v Circuit: CA 1968
A trailer used to transport goods between this country and continental Europe as found to be without a plate as required by regulation 3. The defence claimed the trailer was exempted by Schedule 2 of the regulations as it fell within the class of trailers ‘Temporarily in Great Britain a period of 12 months not … Continue reading British Road Services v Wurzal: 1971
The appellant had been convicted of an offence contrary to section 1 of the 1964 Act, of having been found in possession of drugs. Held: (Reid dissenting) The prosecution had only to prove that the accused knew of the existence of the thing and that it was in general not a defence for him to … Continue reading Warner v Metropolitan Police Commissioner: HL 1968
A car crashed as a result of running into a pool of storm-water lying across the road. The pool had been caused by the authority’s failure properly to maintain the drainage system, which had become blocked.
Held: The claim succeeded. Diplock . .
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 defendant driver had been stopped and required to provide a specimen of breath. She failed to do so, and gave no reason. At trial she produced nedical evidence, accepted by the magistrates, that she suffered asthma and a hyperventilation syndrome, but she was convicted after the magistrates concluded that she should have told the … Continue reading Piggott v Director of Public Prosecutions: Admn 8 Feb 2008
The House was asked whether or not a person was ‘driving or attempting to drive’ a motor vehicle when he had been stopped by the police in connection with the illumination of his rear number plate, and the driver got out of the car and started to talk to the police and they, smelling alcohol, … Continue reading Pinner v Everett: HL 1969
The applicant challenged a refusal to confirm a draft order recognising a road used as a path as a byway open to all traffic. Held: The challenge succeeded. The path had been shown under the 1948 Act as a road used as a public path. The council had reclassified it as a bridleway, which did … Continue reading Kind, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs: Admn 27 Jun 2005
The court considered whether a driver had teken a vehicle without the owners consent, and having had that consent for one purpose, continued to use the car beyond that purpose: ‘[n]ot every brief, unauthorised diversion from his proper route by an employed driver in the course of his working day [would] necessarily involve a ‘taking’ … Continue reading McNight v Davies: 1974
The court considered the effect of a reclassification of a road under the 1968 Act. Held: Reclassification as a bridleway left open the possible existence of public vehicular rights since the 1968 Act had left the effect of the proviso in section 32(4)(b) in th e1949 Act unaltered and contained no positive word about extinguishment … Continue reading Regina v Secretary of State for the Environment ex parte Riley: 1990
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The insured had failed to disclose an earlier drink driving conviction on applying for insurance over five years later. The insurers refused cover on an accident. The plaintiff said that the conviction was spent under the 1974 Act. The endorsement remained ‘effective’ on his licence for 11 years should he be convicted again. The court … Continue reading Power v Provincial Insurance: CA 18 Feb 1997
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, … Continue reading Regina v Manning: CACD 24 Jun 1998
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
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 2001
The council appealed against a finding that it had failed in its duty to keep the highway safe leading to an accident in which the claimant was severely injured. The road was narrow, and a significant drop had developed by the edge of the road. The claimant drove into the drop, then crashed after swerving … Continue reading West Sussex County Council v Russell: CA 12 Feb 2010
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. The insurers now appealed against Held: The appeal succeeded. It is … Continue reading Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019
The defendant appealed against her conviction for aggravated vehicle taking. She was found near the scene of a road traffic accident involving a stolen car, and her fingerprint on an inside rear window. She submitted that the officers had asked as to her involvement at a time when she was already a suspect, and that … Continue reading Hughes v Director of Public Prosecutions: Admn 12 Oct 2009
An operator accused of permitting contraventions of the drivers hours need only be shown to have failed to take reasonable steps to prevent contraventions by his drivers. A willful failure to inspect tachograph charts can amount to prima facie evidence. Citations: Times 19-Mar-1999, Gazette 21-Apr-1999, [1999] 1 WLR 629, [1999] UKHL 14, [1999] 3 All … Continue reading Vehicle Inspectorate v Nuttall: HL 18 Mar 1999
The court considered the nature of the 1949 Act: ‘The object of the statute is this: it is to have all our ancient highways mapped out, put on record and made conclusive, so that people can know what their rights are. Our old highways came into existence before 1835. They were created in the days … Continue reading Regina v Secretary of State for the Environment ex parte Hood: CA 1975
The defendant appealed aganst his conviction for conspiracy to engage in moneylaundering. At trial he pleaded guilty subject to a qualification that he had not known that the money was the proceeds of crime, though he may have suspected that it would be. Held: (Baroness Hale of Richmond dissenting) The appeal succeeded: ‘the Crown’s principal … Continue reading Saik, Regina v: HL 3 May 2006
(The Bahamas) The US government sought the extradition of the appellant from the Bahamas on drugs charges. The warrants were found to be void, and the defendant released unconditionally, when the nmagistrate rejected evidence from an admitted co-conspirator. It was then said thet the respondent had no right of appeal against a grant of habeas … Continue reading Gibson v United States of America: PC 23 Jul 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no forewarning, the defence requested the prosecution to prove service of the certificate of analysis. … Continue reading Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest: Admn 8 Jun 2006
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
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 plaintiff had been injured in an accident and had sued and recovered damages for his injuries in France. Later, his condition deteriorated. In France he would have been able to revive his action to claim further damages, but he sought a similar right from an English Court, claiming a right to do so under … Continue reading Henderson v Jaouen and Another: CA 1 Feb 2002
The defendants appealed convictions for operating vehicles without tachographs. The issue arose upon the combined weight of vehicle and trailer exceeding the maximum. Held: The legislation seems to be directed at providing maximum driving periods for heavy vehicles, including relatively light vehicles which exceed certain weights when a ‘trailer’ is added. In the case of … Continue reading Pritchard and Another v Crown Prosecution Service: Admn 28 Jul 2003
The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was 60% to blame. Held: Courts have consistently required drivers to recognise … Continue reading Eagle v Chambers: CA 24 Jul 2003
A transport examiner investigating compliance with the drivers hours regulations was allowed to remove records from an office for examination, and a company refusing him to be allowed to do that committed an offence. Where removal was necessary, whether because of the number of documents or the absence of adequate copying facilities, an examiner must … Continue reading Cantabrica Coach Holdings Limited v Vehicle Inspectorate (on Appeal From a Divisional Court of the Queen’s Bench Division): HL 22 Nov 2001
Citations: [1998] EWHC Admin 778 Links: Bailii Statutes: Transport Act 1968 97(1)(a)(i) Road Traffic Updated: 27 May 2022; Ref: scu.138899
A van was stopped carrying a delivery of coal. The insurance was for social domestic and pleasure purposes only. The owner appealed a conviction for using it without insurance. Held: ‘using’ when the description of the offence in connection includes alternatives of causing and permitting is to have a restricted meaning. There was not evidence … Continue reading Jones v Director of Public Prosecutions: Admn 26 Mar 1998
Citations: [1996] EWHC Admin 357 Links: Bailii Statutes: Transport Act 1968 60 Road Traffic Updated: 25 May 2022; Ref: scu.136905
Where drivers drove away from their home and main centre of work to pick up a vehicle which would require them to record their activities on the tachograph, they were obliged in addition to record the time travelling as another period of work. This was not a situation where a driver had begun driving immediately … Continue reading Criminal Proceedings Against Skills Motor Coaches Ltd and Others: ECJ 18 Jan 2001
Even though no underlying offence was suspected, the owner of tachograph records was required to hand them over to the inspector for inspection off the premises if necessary. An offer to allow inspection, but only at the record keeper’s offices was not a sufficient compliance with a requirement to hand them over. The express power … Continue reading Cantabrica Coach Holdings Ltd v Vehicle Inspectorate: Admn 31 Mar 2000
Tachograph sheets become ‘recording equipment’ after their use, and must be retained as such for inspection. Citations: Times 10-Jun-1997 Statutes: Transport Act 1968 97 Road Traffic Updated: 18 May 2022; Ref: scu.78427
(Hong Kong) Application was made for the defendant’s extradition from Hong Kong to the USA. The question was whether a conspiracy entered into outside Hong Kong with the intention of committing the criminal offence of trafficking in drugs in Hong Kong was justiciable in Hong Kong although no overt act in pursuance of that conspiracy … Continue reading Somchai Liangsiriprasert v Government of the United States of America: PC 1991
The ‘Permissible maximum weight’ of a vehicle train is the aggregate marked gross weight of the van and the trailer. Citations: Times 11-Apr-1994 Statutes: Transport Act 1968 97(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 11 May 2022; Ref: scu.89307
Sir Patrick Russell considered the effect of section 11 of the 1968 Act, saying: ‘The closing words of that section ‘unless the contrary is proved’ provides in my judgment, the clearest possible mandate to a defendant in a road traffic accident case to attack his earlier conviction provided he has some good force for so … Continue reading McCauley v Vine: 1999
Where an employee commits an offence under the tachograph regulations by making false entries, such an offence should not be taken less serious than the same offence committed by an employer. Employees were likely also to be driven by financial motives, and the danger was the danger faced by other road users faced by tired … Continue reading Regina v Saunders; Regina v Hockings; Regina v Williams: CACD 20 Feb 2001
The plaintiff sued in England for a traffic accident which had happened in Malta. The law of Malta would have denied certain elements of damages which would be available in this jurisdiction. Held: Liability in respect of the road accident in which only English parties were involved was governed by English law. The House was … Continue reading Boys v Chaplin: HL 1969
Blackmail was alleged under section 21 of the 1968 Act, the letter making the unwarranted demand with menaces having been posted from England to an intended victim in Germany. Held: The appeal was dismissed. To allow an English court to have jurisdiction where elements of the offence occurred abroad, the last act constituting the actus … Continue reading Treacy v Director of Public Prosecutions: HL 1970
In the offence of fraudulent trading, ‘creditors’ are those to whom money was owed, including future creditors, not just those who can presently sue. Deceptions practised in UK, but having their effect abroad are prosecutable here. The only feature of the circumstances which had occurred outside England was the transfer of funds to the bank’s … Continue reading Regina v Smith (Wallace Duncan) (No 1): CACD 13 Nov 1995
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 court should not normally order that a passenger who had been convicted of aggravated taking without consent should also be subject to a extended driving test after the conclusion of the ban in the same way that a driver might. Citations: Times 23-Jun-2000 Statutes: Theft Act 1968 Criminal Sentencing, Road Traffic Updated: 09 April … Continue reading Regina v Wiggins: CACD 23 Jun 2000
Motor vehicle does not become goods vehicle solely because combined weight with trailer exceeded 3,500 kilograms. Citations: Times 11-Dec-1997 Statutes: Transport Act 1968 Road Traffic Updated: 09 April 2022; Ref: scu.84196
Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
A ‘harmful event’ occurred where the physical damage was suffered and not at the time and place of a later financial loss. Europa The term ‘place where the harmful event occurred’ in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters does not, … Continue reading Marinari v Lloyd’s Bank: ECJ 19 Sep 1995
Europa Where the place of the happening of the event which may give rise to liability in tort, delict or quasi-delict and the place where that event results in damage are not identical, the expression ‘place where the harmful event occurred’, in article 5(3) of the convention of 27 September 1968 on jurisdiction and the … Continue reading Handelskwekerij GJ Bier Bv v Mines De Potasse D’Alsace Sa: ECJ 30 Nov 1976
The appellant complained that the local council had failed to maintain a highway. The road was a single track rural highway. The Crown Court allowed for the present-day character of the highway, and the appellant objected. The complainant sought to hold a highway authority responsible for making verges reasonably available for the use of walkers, … Continue reading Kind v Newcastle-Upon-Tyne Council: Admn 31 Jul 2001
Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
A lorry used for delivering skips was not used for refuse collection and was subject to the tachograph regime. The providing of skips for rubbish was a purely commercial enterprise not carried out for a public authority. Times 11-Jul-1996, [1997] RTR 102 Transport Act 1968 97(1)(a)(iii) England and Wales Cited by: Cited – Vehicle Inspectorate … Continue reading Swain v McCaul and Others: QBD 11 Jul 1996
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
The claimant alleged that the defendant, her stepfather, had sexually and otherwise assaulted her when she was a child. He had pleaded guilty to one charge in 1978, and now said that the claim was out of time. The claimant sought the extension of time for the claim on a just and equitable basis under … Continue reading RAR v GGC: QBD 10 Aug 2012
Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009
Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
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
A motorist was convicted of an offence of driving a vehicle on a road without due care and attention contrary to section 3 of the 1960 Act. The question for the High Court was whether the road was a road to which the public had access. The road, a private road, provided a link between … Continue reading Cheyne v MacNeill: HCJ 1973
The court was asked to decide from whom DNA samples could lawfully be taken by the Police,and for how long they should be kept. The first respondent now said that a declaration of incompatibility of section 64(1A) could not be avoided. Held: (Majority: Lord Dyson, Lord Phillips, Lady Hale, Lord Judge and Lord Kerr. Dissenting: … Continue reading GC v The Commissioner of Police of The Metropolis: SC 18 May 2011
Impacted snow and ice had built up on a steep, narrow, made-up footpath from Monday to Thursday during a short wintry spell. The plaintiff slipped and broke her ankle. The highway authority operated a system of priorities. Their resources were fully taken up with sanding and gritting roads, but on the Wednesday evening one of … Continue reading Haydon v Kent County Council: CA 1978
TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required licensing. Held: The system was not unlawful. The fare was calculated by a … Continue reading Transport for London v Uber London Ltd: Admn 16 Oct 2015
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
Uninsured Driver Not Guilty of Causing Death The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convicted of causing his death whilst uninsured. At trial he succeeded in arguing that he had not caused the death, but … Continue reading Hughes, Regina v: SC 31 Jul 2013
Restraint on Interference with Burden of Proof The defendant had been convicted for possessing drugs found on him in a bag when he was arrested. He denied knowing of them. He was convicted having failed to prove, on a balance of probabilities, that he had not known of the drugs. The case was heard before … Continue reading Regina v Lambert: HL 5 Jul 2001
The court asked what reduction if any should be made to a plaintiff’s damages where injuries were caused not only by the defendant’s negligent driving but also by the failure of the plaintiff to wear a seat belt. It had been submitted that, since the defendant was not responsible for the failure of the plaintiff … Continue reading Froom v Butcher: CA 21 Jul 1975
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
Child not entirely free of responsibility The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence. Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson dissenting). Her contribution was assessed at 50%. The court rejected … Continue reading Jackson v Murray and Another: SC 18 Feb 2015
The defendants appealed against their convictions for publishing racially inflammatory material. They skipped bail during the trial, were convicted in their absence, and returned after being refused asylum in the US. The convictions related to materials published on their website which was hosted in the USA. It included materials calculated to create hatred of Jewish … Continue reading Sheppard and Another, Regina v: CACD 29 Jan 2010
highhalden1859 The court considered the liability of the parish for injury arising from a failure to repair the road. The road was ‘an old soft road formed of Weald of Kent clay, and had never been repaired with hard substances’. The evidence was that in wet weather and in the winter months it was ‘very … Continue reading Regina v Inhabitants of High Halden: 1859
The claimant, a private investigator had contracted with the News of the World owned by the defendant but since closed. He had committed criminal offences in providing information for the paper, had been convicted and had served his sentence. He said that he had an agreement with the defendant that they would indemnify him against … Continue reading Mulcaire v News Group Newspapers Ltd: ChD 21 Dec 2011
A lease had been forfeited. The defendant firm of solicitors had negligently failed to apply for relief. They argued that that failure had in fact caused no loss to the claimants, since they would have lost the lease anyway.
Held: The ‘but . .
Extent and consequences of duties of ‘equal treatment’ or ‘fairness’, said to have been owed by the Office of Fair Trading to those subject to investigation under the Competition Act 1998. The respondent had entered negotiations with several parties . .
The defendant had parked his care on a driveway. He left to go drinking. On his return, a neighbour had parked across the foot of the drive obstructing all but pedestrian access. The defendant reversed his car within the driveway but so as to damage . .
A lease had been forfeited. The defendant firm of solicitors had negligently failed to apply for relief. They argued that that failure had in fact caused no loss to the claimants, since they would have lost the lease anyway.
Held: The ‘but . .