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Stafford Winfield Cook and Partners v Winfield: 1981

Citations: [1981] 1 WLR 458 Statutes: Supreme Courts Act 1981 69(1) Jurisdiction: England and Wales Cited by: Cited – Parsons, Parsons v Provincial Insurance Plc CA 20-Feb-1998 The insurers refused to pay on a fire claim, saying that it was started by the insured, that the proposal was incorrect, and that in extending the value … Continue reading Stafford Winfield Cook and Partners v Winfield: 1981

Universe Tankships Inc of Monrovia v International Transport Workers Federation: HL 1 Apr 1981

A ship belonging to the appellants had been blacked by the defendant union. Negotiations to clear the threat resulted in payment by the appellants to a welfare fund of the defendant. The company sought its refund saying that it had been paid under duress. The Court of Appeal had found it to be a payment … Continue reading Universe Tankships Inc of Monrovia v International Transport Workers Federation: HL 1 Apr 1981

Regina v Justices of Luton Family Proceedings Court; Her Honour Judge Pearce of Luton County Court; Director of Social Services of Bedfordshire County Council ex parte Abdul Rahman and Azra Bi: Admn 16 Dec 1996

In the course of urgent children proceedings, counsel advised solicitors inappropriately to seek judicial review of a court decision. The application was persisted with despite warnings from the respondents that they intended to seek a wasted costs . .

Acts

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

Darragh etc v Chief Constable of Thames Valley Police: CA 16 Oct 1998

In the trial, the complainant sought damages against the police for various alleged acts of malpractice. The judge ordered trial before a jury under the section, but it later became clear that detailed consideration would be required of scientific evidence, and the judge ordered trial by judge without a jury. On appeal the court felt … Continue reading Darragh etc v Chief Constable of Thames Valley Police: CA 16 Oct 1998

Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd: CA 15 May 1997

The defendants appealed against an order that a defamation trial should proced before a judge alone. Held: ‘Where the parties, or one of them, is a public figure, or there are matters of national interest in question, this would suggest the need for a jury trial; but a question relating to a person’s ‘fitness for … Continue reading Right Hon Aitken MP and Preston; Pallister and Guardian Newspapers Ltd: CA 15 May 1997

Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997

The court examined the development of the law in relation to comparative advertising. Jacob J said: ‘Prior to the coming into force of the Trade Marks Act 1994 comparative advertising using a registered trade mark of a competitor was, subject to minor exceptions involving the use of a company name, forbidden by section 4(1) of … Continue reading Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997

Phillips v Commissioner of Police of the Metropolis: CA 20 Mar 2003

In a claim aganst the police, it had become apparent that some parts of the trial would require the examination of detailed documents. The defendant appealed a refusal of its request for the matter to be heard without a jury. Held: The Act and the Rules explicitly acknowledged the possibility of splitting a trial between … Continue reading Phillips v Commissioner of Police of the Metropolis: CA 20 Mar 2003

Parsons, Parsons v Provincial Insurance Plc: CA 20 Feb 1998

The insurers refused to pay on a fire claim, saying that it was started by the insured, that the proposal was incorrect, and that in extending the value insured, the insured had misrepresented the situation. The court considered whether a jury trial was required. Citations: [1998] EWCA Civ 311 Statutes: Supreme Court Act 1981 69(1) … Continue reading Parsons, Parsons v Provincial Insurance Plc: CA 20 Feb 1998

Arab Monetary Fund v Hashim and Others (No 8): ChD 17 Jun 1993

Leave to amend was given to the defendant to add a claim for a contribution. It was not an issue of fact. The statute did not imply any assumption that the defendant would would not maintain a defence. Matters of foreign law were not part of the facts of a case. Judges: Chadwick J Citations: … Continue reading Arab Monetary Fund v Hashim and Others (No 8): ChD 17 Jun 1993

Darragh and Others v Chief Constable of Thames Valley Police: CA 20 Oct 1998

Judge was correct to direct trial by judge only where the assessment of damages would involve assessment of medical evidence. Such evidence required ‘scientific investigation’ displacing need for trial by jury in false imprisonment and like cases. Citations: Times 20-Oct-1998 Statutes: Supreme Court Act 1981 69(1) Jurisdiction: England and Wales Litigation Practice Updated: 10 May … Continue reading Darragh and Others v Chief Constable of Thames Valley Police: CA 20 Oct 1998

Alexander v Arts Council of Wales: CA 9 Apr 2001

In a defamation action, where the judge considered that, taken at their highest, the allegations made by the claimant would be insufficient to establish the claim, he could grant summary judgment for the defence. If the judge considered that a finding by a jury that the words alleged were defamatory, would inevitably be set aside … Continue reading Alexander v Arts Council of Wales: CA 9 Apr 2001

Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

Mills v Birchall and Another: CA 18 Apr 2008

The appeal raised the question whether, when a receiver appointed under a bank charge causes an insolvent company to sue, the action is unsuccessful and the successful party is unable to recover costs against the company, the successful party may recover the costs from the receiver under the jurisdiction in section 51 of the Supreme … Continue reading Mills v Birchall and Another: CA 18 Apr 2008

Regina v Common Professional Examination Board ex parte Sally Mealing-Mcleod: Admn 4 Nov 1997

The claimant challenged decisions taken as to the extension of time to allow her to pass the Common Professional Examination to become a member of the Bar. An application had some time before made for an oder under the 1981 Act. There was no taint of vexation in this application. Judges: Sedley J Citations: [1997] … Continue reading Regina v Common Professional Examination Board ex parte Sally Mealing-Mcleod: Admn 4 Nov 1997

Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017

The court was asked whether the misrepresentations made by the appellants in their applications for United Kingdom citizenship made the grant of that citizenship a nullity, rather than rendering them liable to be deprived of that citizenship under sections 40 and 40A of the British Nationality Act 1981. The respondent had now asked that the … Continue reading Hysaj and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Dec 2017

Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995

There is no power for Court of Appeal itself to give leave to appeal after High Court’s refusal of leave on an enforcement notice. The court rejected the applicant’s submission that a High Court judge’s decision refusing permission to appeal under section 289 fell within section 16 of the 1981 Act. The Master of the … Continue reading Huggett v Secretary of State for the Environment Etc; Wendy Fair Markets Ltd v Same; Bello v Etc: CA 1 Mar 1995

Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq: SC 25 Oct 2017

The parties disputed their contract arrangements. It was referred to an arbitration in London, but applying Iraqi law. The respondent failed to meet the award made against it, and the claimant sought to enforce the award here by means of third party debt orders. Issues arose as to who could take the benefit of the … Continue reading Taurus Petroleum Limited v State Oil Marketing Company of The Ministry of Oil, Republic of Iraq: SC 25 Oct 2017

Belhaj and Another v Straw and Others: SC 17 Jan 2017

The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017

Thevarajah v Riordan and Others: SC 16 Dec 2015

The defendants had failed to comply with an ‘unless’ order requiring disclosure, and had been first debarred from defending the cases as to liability. They applied to a second judge who granted relief from sanctions after new solicitors had complied with the order. The claimant challenged the right of the second judge to grant such … Continue reading Thevarajah v Riordan and Others: SC 16 Dec 2015

Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Osborn v The Parole Board: SC 9 Oct 2013

Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013

McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (“The Front Comor”): ComC 21 Mar 2005

Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. Judges: Mr Justice Colman Citations: [2005] EWHC 454 (Comm) Links: Bailii Statutes: EC Regulation 44/2001, Administration … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (“The Front Comor”): ComC 21 Mar 2005

Kuwait Airways Corporation v Iraqi Airways Company: TCC 16 Jul 2008

Application by KAC, Kuwait Airways Corporation, for an order pursuant to Section 51 of the Supreme Court Act 1981, and to CPR part 48.2, that the costs of four actions, namely 1991 folio 69 and 2587, 2000 folio 1137 and 2003 folio 223, all of which had been brought by the claimant, KAC, against Iraqi … Continue reading Kuwait Airways Corporation v Iraqi Airways Company: TCC 16 Jul 2008

Pegler Ltd v Wang (Uk) Ltd and Another: CA 18 Jun 2001

Costs had been awarded against the third party, the parent company of the defendant. Leave to appeal was sought. Held: It was arguable that the judge had not taken into account properly the interest of the company in protecting the interests of creditors and not just itself. Leave was given. Judges: Kay LJ, Keene LJ … Continue reading Pegler Ltd v Wang (Uk) Ltd and Another: CA 18 Jun 2001

Fitzhugh Gates (A Firm) v Claudia Louise Elaine Borden Sherman: CA 1 Jul 2003

The firm of solicitors challenged a wasted costs order. The order had been made on the basis that they had persisted with a case which the court had told them was misconceived, and had acted despite a conflict of interest. The order had been made under unusual circumstances on appeal from the original costs order. … Continue reading Fitzhugh Gates (A Firm) v Claudia Louise Elaine Borden Sherman: CA 1 Jul 2003

Safeway Stores Plc v Albert Tate: CA 18 Dec 2000

The respondent, a neighbour of the claimant, had fallen into dispute with the claimant, and issued a leaflet and signs alleging fraud. The claimants obtained an injunction, and in the absence of a substantive defence, judgement. He claimed that the judgement had deprived him of his right to a jury trial because the case involved … Continue reading Safeway Stores Plc v Albert Tate: CA 18 Dec 2000

Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013

The appellants resisted disclosure to the revenue of advice it had received. It claimed legal advice privilege (LAP), though the advice was from its accountants. Held: (Lords Sumption and Clarke dissenting) LAP applies to all communications passing between a client and its lawyers, acting in their professional capacity, in connection with the provision of legal … Continue reading Prudential Plc and Another, Regina (on The Application of) v Special Commissioner of Income Tax and Another: SC 23 Jan 2013

Fryer v Royal Institution of Chartered Surveyors: CA 16 May 2000

A barrister giving an opinion for the purposes of assessing the potential for a success in a case for the purposes of applying for Legal Aid, need not specify in percentage terms the prospects of success. Decisions about wasted costs orders are in the nature of summary proceedings, and an appellate court should be reluctant … Continue reading Fryer v Royal Institution of Chartered Surveyors: CA 16 May 2000

Murphy, and Murphy v Young and Co’s Brewery Plc, Sun Alliance and London Insurance Plc: CA 20 Nov 1996

When an unsuccessful party has had its legal costs funded under legal expenses insurance, should the insurer be held liable to pay the successful party’s costs? The insurer had not instigated the litigation, nor controlled it, and could not be accused of ‘wanton and officious intermeddling’. The insurance was general and did not relate to … Continue reading Murphy, and Murphy v Young and Co’s Brewery Plc, Sun Alliance and London Insurance Plc: CA 20 Nov 1996

Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015

A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015

Lehtimaki and Others v Cooper: SC 29 Jul 2020

Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

Regina v St Helen’s Justices Ex Parte Jones; Regina v Ealing Justices Ex Parte Saleem; etc: QBD 15 Dec 1998

Where orders for committal for non-payment of fines were defective because the Magistrates had failed for example to have considered alternatives, a divisional court did not have power to re-sentence but only to remit the case back to the magistrates. Citations: Times 15-Dec-1998 Statutes: Supreme Court Act 1981 43(3) Jurisdiction: England and Wales Criminal Sentencing … Continue reading Regina v St Helen’s Justices Ex Parte Jones; Regina v Ealing Justices Ex Parte Saleem; etc: QBD 15 Dec 1998

Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others: SC 20 Apr 2016

The Court considered the quantification of damages to be awarded to a business suffering under riots under the 1886 Act, and in particular whether such recoverable losses included compensation for consequential losses, including loss of profits and loss of rent, under section 2 of the 1886 Act, and if so on what basis. Held: MOPC’s … Continue reading The Mayor’s Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd and Others: SC 20 Apr 2016

John Mander Pension Trustees Ltd v Revenue and Customs: SC 29 Jul 2015

The pension scheme had been approved, but that approval later withdraw. HMRC issued assessment for the years in which it had been approved. The taxpayer argued that such assessments applied to the date with effect from which the approval is withdraw, HMRC contended that it was in the year in which withdrawal was notified. The … Continue reading John Mander Pension Trustees Ltd v Revenue and Customs: SC 29 Jul 2015

Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004

Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014

Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request. Held: The appeal were solely as to the way the lapse of time may be relevant to whether or not it wa … Continue reading Adamson and Others v Paddico (267) Ltd: SC 5 Feb 2014

HM Attorney-General v Ebert: Admn 21 Sep 2001

The defendant had instituted over 80 fruitless actions over years. He had been made subject to a vexatious litigant order, but the Attorney General now requested additional injunctive relief. This was a very extreme instance of extreme litigation. He had since applied for permission over 150 times to begin different kinds of proceedings. He had … Continue reading HM Attorney-General v Ebert: Admn 21 Sep 2001

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance): HL 13 Mar 2003

Court to seek and Apply Parliamentary Intention The appellant challenged the practice of permitting cell nuclear replacement (CNR), saying it was either outside the scope of the Act, or was for a purpose which could not be licensed under the Act. Held: The challenge failed. The court was to give effect to the intentions of … Continue reading Regina v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance): HL 13 Mar 2003

Steele Ford and Newton v Crown Prosecution Service (No.2): HL 1993

The House considered the court’s jurisdiction to award costs out of central funds. Held: In this case there was no such power, but: ‘still more important, in the present context, is the special constitutional convention which jealously safeguards the exclusive control exercised by Parliament over both the levying and expenditure of the public revenue. It … Continue reading Steele Ford and Newton v Crown Prosecution Service (No.2): HL 1993

Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It was said by the defendant’s advisers to be an abuse of the … Continue reading Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd: Admn 10 Nov 1994

Haile v London Borough of Waltham Forest: SC 20 May 2015

‘The question in this case is whether the appellant falls within the scope of section 193 of the Housing Act 1996 as amended, which applies, by virtue of subsection (1), where the local housing authority are satisfied that ‘an applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that … Continue reading Haile v London Borough of Waltham Forest: SC 20 May 2015

A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009

B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it was vitiated by bias, and in breach of his right to freedom of … Continue reading A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009

Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Societe Generale, London Branch v Geys: SC 19 Dec 2012

The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form of an express and immediate dismissal automatically terminate the contract?’ Held: Mr … Continue reading Societe Generale, London Branch v Geys: SC 19 Dec 2012

Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others: SC 13 May 2015

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

Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012

The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a prosecution. Held: The appeal failed (Lord Mance and Lady Hale dissenting). There had indeed been … Continue reading Gujra, Regina (on The Application of) v Crown Prosecution Service: SC 14 Nov 2012

C (A Minor) v Director of Public Prosecutions: HL 17 Mar 1995

The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside. Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good law, but a child is not capable at law without the requisite … Continue reading C (A Minor) v Director of Public Prosecutions: HL 17 Mar 1995

McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

Revenue and Customs v Forde and McHugh Ltd: SC 26 Feb 2014

The Court heard a number of appeals concerned with the interpretation of the phrase in section 6(1) of the Social Security Contributions and Benefits Act 1992, ‘[w]here in any tax week earnings are paid to or for the benefit of an earner’ It was asked as to the meaning of ‘earnings’ in that phrase The … Continue reading Revenue and Customs v Forde and McHugh Ltd: SC 26 Feb 2014

Jaggard v Sawyer and Another: CA 18 Jul 1994

Recovery of damages after Refusal of Injunction The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way. Held: The appeal failed. A court may substitute damages for … Continue reading Jaggard v Sawyer and Another: CA 18 Jul 1994

Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018

Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018

O’Brien and others v Independent Assessor: HL 14 Mar 2007

The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a prisoner also wrongly accused of the same crime, in the percentage deduction made for their … Continue reading O’Brien and others v Independent Assessor: HL 14 Mar 2007

Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986

References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986

West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (‘The Front Comor’): ComC 21 Mar 2005

References: [2005] EWHC 454 (Comm) Links: Bailii Coram: Mr Justice Colman Appeal against anti-suit order. The court ordered that since the question of whether an anti-suit injunction could be made to restrain proceedings abroad had been decided in Through Transport, that issue could go straight to the House of Lords. Statutes: EC Regulation 44/2001, Administration … Continue reading West Tankers Inc v Ras Riunione Adriatica Di Sicurta Spa and Another (‘The Front Comor’): ComC 21 Mar 2005