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John Walker and Sons Ltd v Henry Ost and Co Ltd: ChD 1970

The plaintiff whisky distiller claimed in passing-off against the defendant who supplied bottles and labels to a distiller in Ecuador. Held: An injunction was granted. Having cited from Singer v Loog, the court added: ‘I would be slow to decide that if a trader in England sells goods and labels which are true and has … Continue reading John Walker and Sons Ltd v Henry Ost and Co Ltd: ChD 1970

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd: SC 22 Jun 2022

Judges: Lord Hodge, Deputy President Lord Sales Lord Leggatt Lord Burrows Lady Rose Citations: [2022] UKSC 18, [2022] WLR(D) 267 Links: Bailii, WLRD, Bailii – Summary, APW – Issues / Facts, Ashloch – Issues / Facts, Compton – Issues / Facts Statutes: Telecommunications Act 1984 Jurisdiction: England and Wales Utilities, Land Updated: 30 June 2022; … Continue reading Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd: SC 22 Jun 2022

Orange PCS v Alan Roy Bradford (Valuation Officer): CA 17 Feb 2004

The claimant challenged the rating of the land it had used for the erection of a mobile ohone mast. Held: Even though the company had the statutory right to place a mast in this location and without payment, for rating purposes the officer could ask what would be the cost of the company taking a … Continue reading Orange PCS v Alan Roy Bradford (Valuation Officer): CA 17 Feb 2004

Mercury Communications Ltd v Director General of Telecommunications and Another: HL 10 Feb 1995

The Secretary of State’s decision on the grant of a Telecommunications licence was challengeable by Summons and not by Judicial Review. A dispute between Mercury and BT as to charges as set by the Director General is a private not a public dispute. The purpose of the rule of procedural exclusivity was stated to be … Continue reading Mercury Communications Ltd v Director General of Telecommunications and Another: HL 10 Feb 1995

White Horse Distillers Ltd v Gregson Associates Ltd: 1984

Complaint was made that the defendants were assisting traders in Ecuador in passing off their products as those of the plaintiff. Held: ‘He [defence counsel] submitted that there can never be a tort where the English exporter exports nothing but the malt whisky, that being something which is susceptible of being used innocently in the … Continue reading White Horse Distillers Ltd v Gregson Associates Ltd: 1984

Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

Identification of Company’s Directing Mind In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store. Held: ‘In the expression ‘act or default’ in section 23 … Continue reading Tesco Supermarkets Ltd v Nattrass: HL 31 Mar 1971

Regina v Director General of Telecommunications, Ex P Cellcom Ltd and others: QBD 7 Dec 1998

The Director General of Telecommunications can quite properly use his powers and discretion to ensure competition in telecommunications by the granting and withholding of licences. He may take account of economic factors in making such a decision. Section 3 draws a distinction between ‘means’ (namely how the demand is to be met) and ‘ends’ (the … Continue reading Regina v Director General of Telecommunications, Ex P Cellcom Ltd and others: QBD 7 Dec 1998

Wilsons and Clyde Coal Co Ltd v English: HL 19 Jul 1937

The employer had entrusted the task of organising a safe system of work to an employee as a result of whose negligence another employee was injured. The employer could not have been held liable for its own negligence, since it had taken all reasonable care in entrusting the job to a competent employee, nor could … Continue reading Wilsons and Clyde Coal Co Ltd v English: HL 19 Jul 1937

Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v The Competition Commission, the Director-General of Telecommunications: Admn 27 Jun 2003

The applicants sought to challenge a proposed scheme regulating the prices of telephone calls. Held: The principle objection was to termination charges, charges on calls between networks. The present charges were greater than the actual cost, and had the effect of transferring to users of fixed network telephones costs which were properly attributable to mobile … Continue reading Regina on the Application of T-Mobile (Uk) Ltd, Vodafone Ltd, Orange Personal Communication Services Ltd v The Competition Commission, the Director-General of Telecommunications: Admn 27 Jun 2003

Chambers v Director of Public Prosecutions: QBD 27 Jul 2012

The defendant appealed by case stated against his conviction under section 127 of the 2003 Act. Becoming frustrated with its inefficiency he issued a tweet, which was said to have been a threat: ‘Crap! Robin Hood Airport is closed. You’ve got a week and a bit to get your shit together otherwise I am blowing … Continue reading Chambers v Director of Public Prosecutions: QBD 27 Jul 2012

Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997

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

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

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

Director of Public Prosecutions v Collins: HL 19 Jul 2006

The defendant had made a series of racist and abusive calls to the office of his local MP. The prosecutor appealed a refusal to convict under the 1984 (now the 2003) Act. The defendant had argued that the messages had been offensive, but not grossly so. Held: The prosecutor’s appeal succeeded. ‘The purpose of the … Continue reading Director of Public Prosecutions v Collins: HL 19 Jul 2006

Director of Public Prosecutions v Collins: Admn 23 Jun 2005

The defendant had, over a period of time, telephoned his MP’s office using racially abusive epithets. He was originally charged under the 1984 Act, but then under the 2003 Act. The magistrates found the remarks offensive, but not so grossly offensive as to constitute an offence under the Act. The prosecutor appealed. Held: The appeal … Continue reading Director of Public Prosecutions v Collins: Admn 23 Jun 2005

St Leger-Davey and Another v First Secretary of State and others: CA 1 Dec 2004

The applicants challenged permission granted to erect mobile phone masts, saying that the operators should have made application to the County Court. Held: the provisions referred to allowed the company to follow a county court procedure where they wanted to impose a mast. The provisions did not impose any obligation on the company to follow … Continue reading St Leger-Davey and Another v First Secretary of State and others: CA 1 Dec 2004

Anheuser-Busch v Budejovicky Budvar, narodni podnik: ECJ 16 Nov 2004

Agreement establishing the World Trade Organisation – Articles 2(1), 16(1) and 70 of the TRIPs Agreement – Trade marks – Scope of the proprietor’s exclusive right to the trade mark – Alleged use of the sign as a trade name. Citations: C-245/02, [2004] EUECJ C-245/02, [2004] I-10989 Links: Bailii Jurisdiction: European Citing: See Also – … Continue reading Anheuser-Busch v Budejovicky Budvar, narodni podnik: ECJ 16 Nov 2004

Navitaire Inc v Easyjet Airline Co and Another: ChD 30 Jul 2004

The claimant alleged infringement of its copyright in a software system which dealt with airline reservations. It was not said that any code had been copied, but merely that an express requirement of the defendant ordering the system was that it should appear similar to the claimant’s system; it should have its look and feel. … Continue reading Navitaire Inc v Easyjet Airline Co and Another: ChD 30 Jul 2004

Sarah Lloyd Jones and others v T Mobile (Uk) Ltd: CA 31 Jul 2003

The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land. Held: Appeal lay here from the County Court on a preliminary decision on the law to the Court of appeal … Continue reading Sarah Lloyd Jones and others v T Mobile (Uk) Ltd: CA 31 Jul 2003

CIA Security International v Signalson and Securitel: ECJ 30 Apr 1996

1. Under the procedure provided for by Article 177 of the Treaty, it is for the national court to assess the scope of national provisions and the manner in which they are to be applied. Since the national court is best placed to assess, in view of the particularities of the case, the need for … Continue reading CIA Security International v Signalson and Securitel: ECJ 30 Apr 1996

Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004

Sykes v Harry and Trustee of Estate of Harry, a Bankrupt: CA 1 Feb 2001

The tenant appealed dismissal of his claim for damages. He had suffered serious injury after inhaling carbon monoxide fumes from a defective gas fire. The fire had not been maintained and a fall of soot eventually prevented the escape of fumes. Held: The appeal succeeded, and the defendant was 80% liable for the injury. Where … Continue reading Sykes v Harry and Trustee of Estate of Harry, a Bankrupt: CA 1 Feb 2001

Benham v United Kingdom: ECHR 8 Feb 1995

Legal Aid was wrongfully refused where a tax or fine defaulter was liable to imprisonment, and the lack of a proper means enquiry, made imprisonment of poll tax defaulter unlawful. A poll tax defaulter had been wrongly committed to prison by magistrates. The question was whether or not they had acted in excess of jurisdiction. … Continue reading Benham v United Kingdom: ECHR 8 Feb 1995

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

Regina v Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another: Admn 25 Oct 2000

Once rights by way of licences had been granted to a party by virtue of a statute, an amendment to those licences required the Secretary to be explicit with Parliament when altering the licences. The Act provided clear rules for making amendments to licences. The Secretary purported to amend the licences to comply with a … Continue reading Regina v Secretary of State for Trade and Industry ex parte Orange Personal Communications Ltd and Another: Admn 25 Oct 2000

Secretary of State for Culture, Media and Sport v BT Pension Scheme Trustees Ltd and Others: CA 16 Jul 2014

This appeal concerns the extent of a statutory guarantee given by the Secretary of State under section 68 of the Telecommunications Act 1984 upon the privatisation in 1984 of the British Telecommunications Corporation, a statutory corporation, by way of the flotation of the newly formed British Telecommunications plc. It concerns, in particular, the application of … Continue reading Secretary of State for Culture, Media and Sport v BT Pension Scheme Trustees Ltd and Others: CA 16 Jul 2014

Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs: CA 31 Mar 2010

The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the chief manager and owner suffered a severe head injury, and … Continue reading Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs: CA 31 Mar 2010

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

Braganza v BP Shipping Ltd: SC 18 Mar 2015

The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the circumstances: ‘This case raises two inter-linked questions of principle, one general and one particular. … Continue reading Braganza v BP Shipping Ltd: SC 18 Mar 2015

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

Yeboah v Crofton: CA 31 May 2002

The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order. Held: The EAT must be careful not to take disagreements as to findings on facts as faults in law. No appeal on a question of law should … Continue reading Yeboah v Crofton: CA 31 May 2002

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index