The court discussed when it was appropriate for the Court of Appeal to substitute other lesser convictions, after the main conviction had been declared unsafe. Held: After studying the authorities at length, the court felt that the various convictions should be quashed, but that in some cases there was a possibility of substituting verdicts of … Continue reading Regina v Graham, Kansal, etc: CACD 25 Oct 1996
A gratuitous bailee assumes a duty to take reasonable care of the chattel: ‘This standard, although high, may be a less exacting standard than that which the common law requires of a bailee for reward [but] the line between the two standards is a very fine line, difficult to discern and impossible to define.’‘When, a … Continue reading Port Swettenham Authority v T W Wu and Co (M) Sdn Bhd: PC 19 Jun 1978
There had been a theft by Cuban sellers of one cargo of sugar, property in which had already passed to the buyers, and non-delivery of a second combined with trickery whereby the intended buyers were nonetheless induced to pay its price. The first cargo was on a vessel which was discharging at its Chilean discharge … Continue reading Empresa Exportadora de Azucar v Industria Azucarera Nacional S.A, The Playa Larga: CA 1983
The defendant made dishonest representations in a document which might, at a later stage, have led to a hire purchase agreement. Held: Obtaining a hire purchase agreement can amount to the obtaining of services. Halai held that a mortgage advance cannot be described as a service. A hire purchase agreement is distinguishable. A hire purchase … Continue reading Regina v Widdowson: CACD 1986
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care with accompanying vicarious liability? Held: The appeal succeeded (Lord Hughes dissenting). … Continue reading Armes v Nottinghamshire County Council: SC 18 Oct 2017
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US. Held: Provided some substantial element (here the deception) took place within the UK, and provided there was no offence to international comity, the court here could hear such … Continue reading Smith (Wallace Duncan), Regina v (No 4): CACD 17 Mar 2004
The defendant appealed from his conviction for making off without payment from two hotels he had stayed at. Citations: [2001] EWCA Crim 295, [2001] 1 WLR 1172 Links: Bailii Statutes: Theft Act 1978 3(1) Jurisdiction: England and Wales Crime Updated: 30 May 2022; Ref: scu.158746
The defendant appealed his conviction for aggravated burglary, saying that the force used had been only after the theft. Held: The events were one continuing act. The court should aks ‘whether force used after the theft was complete could be seen as immediately before or at the time. The court said it was a continuing … Continue reading Regina v Hale: CACD 1978
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 defendant went to his solicitor, who was also an agent of a building society, to raise a mortgage to purchase a house. The defendant gave false details in the form which was intended to induce the building society to make an advance. He signed the document. He was charged with dishonestly attempting to obtain … Continue reading Regina v Halai: CACD 15 Jul 1982
The defendant had been convicted of a mortgage fraud, but sought leave to appeal out of time in the light of Preddy. Held: ‘In the light of Graham and upon our reading of section 1 of the 1978 Act we consider that the wording of subsection (2) was, prior to the 18 December 1996, in … Continue reading Regina v Cooke: CACD 24 Jan 1997
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds … Continue reading Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988
Jury Directions: Common Element in Several Charges The defendant was accused of fraudulently inducing the investment of money. inducing four people to acquire shares in a company by making misleading statements. The particulars given in the count identified five statements allegedly made by him in the knowledge that they were misleading, deceptive, or false. The … Continue reading Regina v Brown (K): CACD 1984
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 appellants were said to have made false mortgage applications. They appealed convictions for dishonestly obtaining property by deception. Held: A chose in action created by an electronic bank transfer was not property which was capable of being ‘obtained’ by deception under the Theft Act. The transfer of funds was carried out by the debiting … Continue reading Regina v Preddy; Regina v Slade; Regina v Dhillon (Conjoined Appeals): HL 10 Jul 1996
Cancellation of Hire Finance Contract The claimant had bought a PC with a finance agreement with the respondent. He rejected it a day later, but the respondent refused to cancel the credit agreement. The respondent had threatened to report his non-payment to credit reference companies, which in due course caused the appellant more difficulties. He … Continue reading Durkin v DSG Retail Ltd and Another: SC 26 Mar 2014
A trailer full of whisky had been stolen. Four fifths of its retail value was excise duty. Because it was to have been exported, duty had not been paid. On the theft the owners had had to pay the duty. The owners sued the carriers for the loss, but . .
A consignment of whisky was stolen whilst on consignemt from a bonded warehouse under CMR terms for Teheran. In bond, it was worth 7,000 pounds, and on export no excise duty was to be paid. Being stolen in the course of transit, excise duty of . .
The defendant appealed conviction on charges of obtaining services by deception under the section. He had obtained a credit card dishonestly and operated bank accounts dishonestly over a period of time.
Held: His acts could constitute the . .
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Partners Liable for Dishonest Act of Solicitor A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners. Held: The acts complained of were so close to the activities which a solicitor would normally undertake, that … Continue reading Dubai Aluminium Company Limited v Salaam and Others: HL 5 Dec 2002
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for ten years from 42%, when he first consulted the doctor to 25%. The House … Continue reading Gregg v Scott: HL 27 Jan 2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .