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
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
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
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
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
The plaintiff in a personal injury claim sought assessment of his damages by a jury. The judge held at first instance that this was a matter for his discretion under the Act, and exercised it in favour of the plaintiff. Held: The defendant’s appeal suceeded. The Act in section 69(3) introduced a bias against jury … Continue reading H v Ministry of Defence: CA 1991
