The plaintiff sold a quantity of resin to the defendant for use in the manufacture of chipboard. The contract contained a reservation of title clause, but both parties contemplated that the resin would be used in the process of production before it had been paid for, as indeed occurred. All those involved in that case … Continue reading Borden (UK) Ltd v Scottish Timber Products Ltd: CA 1979
Austlii (High Court of Australia) Sale of Goods – Sale by buyer obtaining possession with sellers consent – Delivery under sale, pledge or other disposition to third party receiving goods or documents of title in good faith – Delivery – Whether physical delivery required – Sale of Goods Act 1923 (NSW), ss. 5(1) ‘delivery’,28 – … Continue reading Gamer’s Motor Centre (Newcastle) Proprietary Limited v Natwest Wholesale Australia Proprietary Limited: 24 Jul 1987
The company directors operated an elaborate scheme to extract value from Belmont by causing it to buy the shares of a company called Maximum at a considerable overvalue. This was a breach of the fiduciary duties of the directors. They sought to recycle the profit on the sale of Maximum so that it could be … Continue reading Belmont Finance Corporation Ltd v Williams Furniture Ltd: CA 1979
The applicant challenged the court’s refusal to pay its costs after a finding that the seizure of goods by the respondent had been unlawful. The defendant argued that section 144 of the 1979 Act protected it against such an order. Held: Section 144(2) did not protect the Commissioners against an award of costs, on the … Continue reading First Stop Wholesale Ltd, Regina (on The Application of) v Revenue and Customs: Admn 16 Jul 2012
The claimant sought judicial review of the defendant’s decisions to seize and detain alcoholic drinks from his business premises. Held: Goods could not lawfully be detained under section 139(1) for the purpose of ascertaining whether the power to detain them had been conferred by that provision. Singh J [2012] EWHC 1106 (Admin) Bailii Customs and … Continue reading First Stop Wholesale Ltd, Regina (on The Application of) v Revenue and Customs: Admn 27 Mar 2012
The trademark was the name of a spirit-based product called ADVOCAAT. The product had gained a reputation and goodwill for that name in the English market and the defendants were seeking to take advantage of that name by misrepresenting that their . .
‘Appeals . . against orders . . arising out of the detention . . by HMRC of large quantities of alcohol from the warehouse and other premises of First Stop, the respondent to the first two appeals and the appellant in the third. At the time the . .
Claim for judicial review of various seizure notices issued by the defendants. The question was whether a statement in the notices that ‘no evidence of UK duty payment has been provided’ was a sufficient statement of the grounds for seizing the . .
(Hong Kong) The buyer brought an action for damages for breach of a contract for the sale of goods. The measure of damages was the difference between the contract price and the market value of the goods at the relevant date. The evidence called at . .
As at the date of their failure to nominate loading places and silos, the sellers were in default of fulfilment of a contract and it was at that date that they failed to carry out the contract. Thereafter, the buyers were not obliged immediately to . .
References: (1987) 163 CLR 236, [1987] HCA 30 Links: Austlii Coram: Mason CJ Ratio: Austlii (High Court of Australia) Sale of Goods – Sale by buyer obtaining possession with sellers consent – Delivery under sale, pledge or other disposition to third party receiving goods or documents of title in good faith – Delivery – Whether … Continue reading Gamer’s Motor Centre (Newcastle) Proprietary Limited v Natwest Wholesale Australia Proprietary Limited; 24 Jul 1987
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The court was asked as to the application of Section 25(1) of the Sale of Goods Act 1979 when an unpaid supplier of bunkers to a time charterer claims against the owner of the vessel.
Held: The issue was whether as a matter of fact there was a . .
The court was asked whether bankers have complied with the re-delivery requirements of repo transactions in relation to cargoes of metal by delivering endorsed warehouse receipts to their counterparty, notwithstanding that (i) there is uncertainty as to the existence of the metal and (if it exists) the bankers’ title to it, and (ii) the warehouse … Continue reading Mercuria Energy Trading Pte Ltd and Another v Citibank Na and Another: ComC 22 May 2015
The claimant sought payment for some boilers. The defendant argued that they were not of a satisfactory quality. The boilers were bought to be installed in new dwellings, but could not be shown to meet the standards advertised. Held: The goods having been sold in the course of a business, there was a term as … Continue reading Jewson Ltd v Kelly: QBD 2 Aug 2002
The parties bought and sold a boat. It proved defective. The pursuer sought to rely on the 1979 Act to imply a covenant for fitness. The defender denied that the pursuer thought it a business purchase. Held: A purchaser can rely on implied covenants against a vendor in business despite the vendor’s non-disclosure. A private … Continue reading Boyter v Thomson: HL 15 Jun 1995
Delivery under section 24 requires a voluntary act by the person in possession because by section 61(1) of the 1979 Act, unless the context or subject matter otherwise requires, `delivery’ means `voluntary transfer from one person to another’. Judges: Clarke J Citations: [1994] 1 WLR 1334, [1993] 2 Lloyds Rep 268, [1994] 1 All ER … Continue reading Forsythe International (UK) Limited v Silver Shipping Co Limited and Others: 1993
A dealer will be bound by the implied condition in section 14(3) that a vehicle sold will be reasonably fit for the purpose as a vehicle to drive along the road. Judges: Lord Denning MR Citations: [1965] 1 WLR 1013 Statutes: Sale of Goods Act 1979 14(3) Cited by: Cited – Stewart v Perth and … Continue reading Bartlett v Sidney Marcus Ltd: 1965
A hire agreement provided that after the payment of substantial sums over the period of hire, the hirers could exercise an option to purchase the equipment for fifty pounds. They purported to sell the equipment before the end of the lease, but the question arose of whether they could give good title. Held: However likely … Continue reading Close Asset Finance Ltd v Care Graphics Machinery Ltd: QBD 21 Mar 2000
The parties, suppliers of goods and charterers, disputed the ownership of bunkers at the point of sale. Held: Lord Diplock said: ‘My Lords I agree with Lord Justice Kerr that cl.3 [which set out that Owners were to pay for bunkers on redelivery] and the latter half of cl.4 [which set out the means of … Continue reading The Span Terza: HL 10 Jan 1984
The court considered the requirements for notice in section 28(1). Neill J said: ‘2. the Court is concerned with actual notice and not with constructive notice.3. In deciding whether a person . . had actual notice: (a) the Court will apply an objective test and look at all the circumstances; (b) if by an objective … Continue reading Feuer Leather Corporation v Frank Jonstone and Sons: 1981
LD sold 7kmt sugar to R, C and FFO Banjul at $257.43 per mt. Shipment was ‘per m.v. Dawn currently discharging at Banjul’. An associate of R had already sold 5kmt to B at $290 per mt, for which the sugar was bought. LD knew of the resale and insisted that R buy the full … Continue reading Louis Dreyfus Trading Ltd v Reliance Trading Ltd: 2004
A car had been delivered to the buyer three weeks before the purported rejection. In the interval the purchaser had driven it 140 miles. Held: The nature of the particular defect, discovered ex post facto, and the speed with which it might have been discovered, are irrelevant to the concept of reasonable time in s35 … Continue reading Bernstein v Pamson Motors (Golders Green) Ltd: QBD 1987
Judges: Lord Keith of Kinkel, Lord Griffiths, Lord Jauncey of Tullichettle, Lord Slynn of Hadley and Lord Steyn Citations: [1996] UKHL 59, 1996 SLT 912, 1997 SC (HL) 8, [1997] AC 473, [1996] CLC 1236, [1996] 2 Lloyd’s Rep 353, 1996 SCLR 863, [1996] 3 All ER 398, [1996] 3 WLR 190, (1996) 15 Tr … Continue reading Slater v Finning Ltd: HL 4 Jul 1996
The company appealed a finding that it was in breach of the 1979 Act. The deceased had bought boilers from the appellant. They were said not to be satisfactory, in that they were not as energy efficient as they had been described to be. Held: The purchaser himself had skills to assess what he bought … Continue reading Jewson Limited v Boyhan as Personal Representative of the Estate of Thomas Michael Kelly: CA 28 Jul 2003
Owners who were claiming under a bailment must accept the terms of a sub-bailment to which it had agreed. This result is both principled and just. A sub-bailee can only be said for these purposes to have voluntarily taken into his possession the goods of another if he has sufficient notice that a person other … Continue reading Owners of Cargo On K H Enterprise v Owners of Pioneer Container: PC 29 Mar 1994
A term of fitness for purpose was inapplicable where there was an abnormal uncommunicated use: ‘if the buyer’s purpose is insufficiently communicated, the buyer cannot reasonably rely on the seller’s skill and judgment to ensure that the goods answer that purpose.’ Judges: Lord Steyn Citations: Times 10-Jul-1996 Statutes: Sale of Goods Act 1979 14(3) Jurisdiction: … Continue reading James Slater and Hamish Slater (A Firm) and Others v Fleming Ltd: HL 10 Jul 1996
A seedsman sought to rely upon an exclusion clause preventing any claim by a purchaser by way of set off against its sales invoices. The House was asked whether a contractual term was ‘fair and reasonable’ within the meaning of section 55 of the Sale of Goods Act 1979. Held: Where a tribunal applies a … Continue reading George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd: HL 1983
The claimant sought damages from an auctioneer who had failed to accept his bid, and withdrawn the items from the sale. Held: In an auction without reserve the auctioneer was not entitled to withdraw an item on the basis that the highest or only bid was too low. To do so was to put himself … Continue reading Barry v Davies (T/A Heathcote Ball and Co) and Others: CA 27 Jul 2000
The parties contracted for the supply of material to be used in the manufacture of drinks. The material was to be supplied according to a recognised British Standard. Held: The use of the British Standard of itself was not sufficient to imply any warranty of satisfactory quality or fitness for purpose upon which a purchaser … Continue reading Messer UK Ltd and Another v Britvic Soft Drinks Ltd and others: CA 30 Apr 2002
The oil owners had contracted for its transport with OWBM aboard Res Cogitans under standard terms which would allow the captain to use the oil for navigation before transfer of the title in the oil. The court was now asked whether the agreement amounted to a sale governed by 1979 Act allowing for a claim … Continue reading PST Energy 7 Shipping Llc Product Shipping and Trading SA v OW Bunker Malta Ltd and Others: CA 22 Oct 2015
The defendant challenged a decision that the English court had jurisdiction to hear a claim in contract saying that the appropriate court was in Cyprus. The cargo was taken by ship from Liverpool to Limassol. An English court would only have jurisdiction of the cargo was ‘delivered’ in England. Held: The cargo was delivered on … Continue reading Scottish and Newcastle International Limited v Othon Ghalanos Ltd: HL 20 Feb 2008
Right oReject Survived Attempted Repair The claimant agreed to purchase a yacht from the defendants with a keel to the manufacturer’s standard specifications. The keel actually installed was rather heavier. After correspondence, the claimant rejected the yacht and required the return of the the purchase price. The respondent said the exercise of a right of … Continue reading Clegg v Olle Andersson (T/A Nordic Marine): CA 11 Mar 2003
ComC Shipping – registration of ships – – no statutory power to expunge the register – inherent – sale of ship to company in which seller held interest – fiduciary duty – breach – voidable contract – classification as ‘goods’ – Sale of Goods Act 1979 – goods – passing of voidable title – good … Continue reading Tekem Sea Abyss Ltd v Brandston Ltd; ‘The Ocean Enterprise’: AdCt 9 Jan 1997
The plaintiff appealed against rejection of his claim that the car he had bought from the defendant was not of merchantable quality. The goods were a Range Rover bought for a sum in excess of pounds 14,000. Held: The appeal was allowed. Goods which were defective on delivery were not to be taken to be … Continue reading Rogers v Parish (Scarborough) Ltd: CA 1987
The claimant had purchased a new bicycle from the defendants who also maintained it. Several months later, the steerer tube broke causing an accident and severe injury. The cycle had been finally assembled by the defendant after importation, but that element was already put together. Held: The claim failed. The expert evidence had been difficult, … Continue reading Love v Halfords Ltd: QBD 8 Apr 2014
A ship was caught in harbour when an air raid broke out. The master took the ship to sea where it suffered damage. Held: The shipowners were protected by a war risks clause in the charterparty agreement. As to waiver by election, Lord Goff of Chieveley said: ‘In the present case, we are concerned with … Continue reading Motor Oil Hellas (Corinth) Refineries SA v Shipping Corporation of India (The Kanchenjunga): HL 1990
Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed. Held: The owner’s appeal failed. It did not fall within the scope of the 1979 Act, and therefore the … Continue reading PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another: SC 11 May 2016
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
The defendant auctioneer sold a painting to the plaintiff which turned out to be a forgery. The plaintiff appealed against a finding that it had not relied upon the attribution, saying that there had been a breach of the requirement that the paintig . .
There was an issue whether or not the purchase by the plaintiff of a second-hand car was made ‘in the course of a business’ so as to preclude the plaintiff from relying upon the provisions of the 1977 Act.
Held: Speaking of Lord Keith’s . .
The court considered the effect of the default clause in a standard form of contract which is widely used in the grain trade. On 10 June 2010 the respondents, Nidera BV, whom I shall call ‘the buyers’, entered into a contract with the appellants, . .
The defendant, who carried on the business of a fisherman, sold his vessel Jelle to the plaintiff with a view to having a new boat built to his requirements. In the event he bought a replacement vessel which he continued to use for his business. The . .
The House was asked as to the extent to which a consignor can claim damages against a carrier in circumstances where the consignor did not retain either property or risk. To the general principle that a person cannot recover substantial damages for . .
The claimant bought an Audi car from new. He sought to reject it, but now appealed a finding that there was nothing wrong with it. He had said that it pulled to the left. The defendant’s tests showed no such tendency. His own independent test . .
. .
Bench sold vinyl film to Fasson for decals to identify sea-borne bulk containers. A term required the film to be legible condition for at least five years. Fasson sold them to container manufacturers who supplied the containers marked with the . .
The claimant sought the return of money paid by him for a painting. He said it had been sold to his agent as by ‘Van Dyck’ but subsequently proved not to be so. He had employed an agent to acquire the painting, but the agent had not disclosed to him . .
. .
Whether right to reject a car was lost after several attempts at repair. . .
VALUE ADDED TAX – output tax – tax point – goods sold by mail order – payment made when order for goods placed – customers allowed 14 days in which to return goods for refund or replacement if not satisfied – whether goods sold ‘on approval’ and tax . .
The appellants had bought a seed drill from the respondents. It had been repossessed but sold as near new. A fault was noticed after two days use, and it was returned. The defendants repaired it without agreeing this with the appellant, and then . .
The claimants manufactured and sold storage tanks. They sought substantial damages after chemical materials purchased from the defendants to help bond the tanks failed. . .
. .
Two consignments were destroyed by a fire in the defendaers warehouse. The defender asserted that the pursuer had no title to the goods because under the ‘CIP’ contract, title had passed already to the consignee.
Held: The 1979 Act provided . .
Britvic purchased bulk CO2 for the carbonation of various soft and alcoholic drinks from a supplier. The CO2 was manufactured by others. As a result of a breakdown of the manufacturing process, the CO2 contained a concentration of benzene which, . .
The buyers sought repayment of the sum paid by them for agricultural machinery purchased from the respondent. The machinery was bought after a repossession, but returned when a vibration was found. The defendants repaired the machine, but would not . .
The parties disputed the effect of a clause in an option agreement, and as to whether it contained an agreement to negotiate and was therefore not binding.
Held: Chadwick LJ said: ‘First, each case must be decided on its own facts and on the . .
. .
The court always leans against a conclusion which will leave parties who clearly intended to contract without a legally binding contract, and that this is the more so where they have acted as though they were bound. The court strains to supply . .
Where goods were subject to a financing arrangement involving a sale and leaseback with a finance company, the goods were to be treated as constructively delivered to the finance company on the sale. Delivery required a voluntary act by the person . .
The claimant, Capacious Investments Ltd, brought proceedings against Tang’s estate for damages for the loss of use and occupation, and also an account of profits and damages for loss and damage incurred, for example by encumbering the property with leases. It obtained an account of profits and an award of compensatory damages as a result … Continue reading Personal Representatives of Tang Man Sit v Capacious Investments Ltd: PC 18 Dec 1995
English buyers, Harry and Garry, had under contracts of sale received a quantity of sarees which they found defective and in respect of which they had not yet accepted the relevant bills of exchange, by reference to which, it appeared, the Indian sellers, the Jariwallas, had however already succeeded in raising some monies in India. … Continue reading Harry and Garry Ltd v Jariwalla: CA 1988
Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula. Held: There was reliance as to the suitability of the ingredients only.Lord Diplock said: ‘Unless the Sale of Goods Act 1893 is to be allowed to fossilise the law and to restrict the freedom of choice of … Continue reading Christopher Hill Ltd v Ashington Piggeries Ltd: HL 1972
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
Two men were charged with theft from a company which they wholly owned and controlled. The court considered the actions of company directors in dishonestly appropriating the property of the company, and whether since the title to the goods was transferred, the goods had remained the property of the company. Held: The actions of the … Continue reading Attorney-General’s Reference (No. 2 of 1982): CACD 1984
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
The claimants sought damages for defamation. The claimed that the article had caused very substantial losses (andpound;230 million) to them by affecting their market capitalisation value. The defendant sought to strike out that part of the claim. Held: The possible market capitalisation of the claimants was far too uncertain a basis for calculating damages. The … Continue reading Collins Stewart Ltd and Another v The Financial Times Ltd: QBD 20 Oct 2004
Planning permission had been granted subject to conditions, but no reasons had been given for the imposition of those conditions. The Order required the local planning authority to state its reasons in writing if it decided to grant planning permission subject to conditions. It was argued that the lack of reasons meant that the conditions … Continue reading Brayhead (Ascot) Ltd v Berkshire County Council: CA 1964
A patent infingement claim was met by the assertion that the material covered had been disclosed before the patent had been obtained. The court was asked as to the test of whether the information in a claim had been disclosed. Aldous J said: ‘Mr. Thorley submitted that if a product had been made available to … Continue reading PLG Research Ltd and Another v Ardon International Ltd and Others: ChD 25 Nov 1994
Temporary approval pending appeal was preferred The company challenged refusal of fit and proper approval for registration as wholesaler of duty paid alcohol. Held: The appeals were allowed in part. HMRC, having once concluded that the applicant was not fit and proper was not free to approve them pending their appeal. Better was a temporary … Continue reading ABC Ltd and Another v HM Revenue and Customs: CA 7 Jul 2017
The wholesalers sought approval from the respondent for the wholesale supply of duty-paid alcohol. Approval was refused, but the parties sought a means of allowing a temporary approval pending determination by the FTT. The two questions considered were: (1) What power does HMRC have to permit a person to carry on trading pending the determination … Continue reading OWD Ltd (T/A Birmingham Cash and Carry) and Another v Revenue and Customs: SC 19 Jun 2019
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
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties. Issue I: does EU law require the tax credit to be set by reference to the overseas tax actually paid, as … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
Rylands does not apply to Statutory Works The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture. Held: The rule in Rylands v Fletcher continues to exist as a remedy … Continue reading Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages. Held: The defendant was bound ‘sic uit suo ut non laedat alienum’. ‘The defendants, treating them as the owners … Continue reading Rylands v Fletcher: HL 1868
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
Standard Conract – Wide Exclusions, Apply 1977 Act The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages. Held: Even though Wang had been ready to amend one or two of its … Continue reading Pegler Ltd v Wang (UK) Ltd: TCC 25 Feb 2000
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now appealed saying that the consent had been given following inaccurate legal advice. Held: The appeals were allowed. The fact that … Continue reading Mackle, Regina v: SC 29 Jan 2014
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after the full term of the charter. The arbitrator set off that … Continue reading Fulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain: ComC 21 May 2014
Statement of Facts – The company’s goods had been detained by Customs and Excise. A court later ordered their return, but found the detention to have been with reasonable cause. The Revenue had successfully argued that costs could not be awarded against them under a statutory immunity. 16788/13 – Communicated Case, [2013] ECHR 1284, [2014] … Continue reading Eastenders Cash And Carry Plc And Others v The United Kingdom: ECHR 27 Nov 2013
The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the terms of the tenancy to add collection of water rates, the council had failed to comply … Continue reading Rochdale Borough Council v Dixon: CA 20 Oct 2011
The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and proportionate. Held: The present procedure does not involve the criminal courts and the absence of any criminal … Continue reading Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
The parties contracted for the supply and installation of pressure vessels by Geldof (G) for a building constructed by Simon Carves (SC). The contract contained a clause denying the remedy of set-off. G sued for the sale price, and SC now sought an equitable set off of damages for repudiation. The judge had put the … Continue reading Geldof Metaalconstructie Nv v Simon Carves Ltd: CA 11 Jun 2010
Fairness on Division of Family Capital The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital. Held: The 1973 Act gives only limited guidance on … Continue reading Miller v Miller; McFarlane v McFarlane: HL 24 May 2006
Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop registration: ‘a jurisdiction to grant injunctive relief where a defendant is equipped with or is intending … Continue reading British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others: CA 23 Jul 1998
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011
Soldier’s right not to attend religious service (The Bahamas) Parties challenged the removal of the right of service members to be excused attendance of the religious elements of force parades. Held: The Muslim petty officer had been hindered in the exercise of his constitutional right to freedom of conscience when he was obliged, on pain … Continue reading Commodore Royal Bahamas Defence Force and Others v Laramore: PC 8 May 2017
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users. Held: Amstrad could only be liable as a joint tortfeasor. If they were not a joint tortfeasor they would be under no tortious liability. … Continue reading CBS Songs Ltd v Amstrad Consumer Electronics Plc: HL 12 May 1988
(Singapore) The plaintiff Hong Kong company had manufactured toothbrushes and exported them to Singapore, for re-export to Malaysia and Indonesia, but with some local sales as well. Their characteristic get-up included the words ‘ACE BRAND’ and a letter device. They stopped when the Singapore government imposed import duty on toothbrushes. Since then the plaintiff had … Continue reading Star Industrial Company Limited v Yap Kwee Kor trading as New Star Industrial Company: PC 26 Jan 1976
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts below held, such a claimant must also establish a business with customers within the … Continue reading Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015
The parties had contracted for the construction of an estate of houses and flats to be followed by the interim purchase by the defendants. The defendants argued that the slump in land prices frustrated the contract and that they should not be called on to purchase the properrties at the price stated because they would … Continue reading Gold Group Properties Ltd v BDW Trading Ltd: TCC 3 Mar 2010
Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014
The defendants had wrongfully appointed receivers of the claimant, who then came into the business and terminated contracts undertaken by the business. The claimant asserted that their actions amounted to a wrongful interference in their contracts and otherwise. The receivers having done the acts normally associated with a receivership. Held: The tort of unlawful interference … Continue reading OBG Ltd OBG (Plant and Transport Hire) Ltd v Raymond International Ltd; OBG Ltd v Allen: CA 9 Feb 2005
Alcoholic drinks had been seized by the respondents pending further enquiries with a view to a possible forfeiture, then held and returned but only under court order. The company had complained that the detention of the goods was unlawful. The Revenue appealed against an order upholding that complaint. Held: The appeal succeeded. Section 139 allowed … Continue reading Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs: SC 11 Jun 2014
