The applicants sought to suspend licences granted for grey or parallel imports of pharmaceutical products, pending resolution of the issue by the European Court. Licences had been granted for certain products, which the manufacturers considered to be superceded. This was an interim application. It first fell to be decided whether there was a serious issue … Continue reading Regina v Licensing Authority Established By Medicines Act 1968 (Acting By Medicines Control Agency) ex parte Rhone Poulenc Rorer Limited; May and Baker Limited: Admn 23 Dec 1997
Widgery J said: ‘Of course, a newspaper is always published for profit. It is the purpose of a newspaper to make money and build up circulation. You must not go away with the idea that because of that any libel in a newspaper is a libel for which exemplary or punitive damages must be awarded. … Continue reading Manson v Associated Newspapers Ltd: 1965
Proceedings were begun against Mr Smith, a member of the administrative staff of the Canadian High Commission in London, claiming damages under a private tenancy agreement. As the proceedings were commenced, he enjoyed the same immunity under the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952 as the diplomatic staff of an ambassador. … Continue reading CA Empson v Smith: CA 1965
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment. Held: The defendants were liable. Bailment includes as an element an assumption of responsibility by the … Continue reading Morris v C W Martin and Sons Ltd: CA 1965
A company’s mind is not to be assessed on the totality of knowledge of its employees. Malice was not to be established by forensic imagination however eloquently and subtly expressed.Russell LJ said: ‘the law of libel seems to have characteristics of such complication and subtlety that I wonder whether a jury on retiring can readily … Continue reading Broadway Approvals Ltd v Odhams Press Ltd (No 2): CA 1965
The appellant sought damages in respect of injuries suffered by his son who received a severe electrical shock, climbing on a booster transformer on premises occupied by the respondents. The First Division had held that the respondents were not liable and granted decree of absolvitor. Held: The father’s appeal failed. The 1960 Act abolishes the … Continue reading M’Glone v British Railways Board: HL 27 Oct 1965
The plaintiff crashed into a van whilst riding his moped and suffered serious brain damage. An inquiry as to a party’s competence to conduct a case had to focus on his capacity to conduct the proceedings. In this case the plaintiff ‘was not capable of instructing a solicitor properly. He certainly was not capable of … Continue reading Kirby v Leather: CA 1965
The claimant had been severely injured in a road traffic accident. His claim was compromised and embodied in a court order, but later a question was raised as to whether he had had mental capacity at the time to make the compromise he had. Held: The term ‘patient’ in this context had a meaning specific … Continue reading Bailey v Warre: CA 7 Feb 2006
The claimant challenged the validity of an order in council. The order used general enabling words, not expressly stating which power had been used for their creation. Held: The result of those general enabling words was that the order was made under a power conferred by the British Settlements Act 1887 even though that order … Continue reading Buck v Attorney General: ChD 1965
When a person gives a promise or an assurance to another, intending that he should act on it by entering into a contract, and he does act on it by entering into the contract, it is binding.Lord Denning MR said of a collateral warranty: ‘Looking at the cases once more, as we have done so … Continue reading Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd: CA 3 Mar 1965
By an action for declaratory relief, a challenge was offered to the validity of the Order in Council giving effect to the 1961 Act. Held: The appeal failed. As a matter of international comity an English court should not grant declarations which would amount to an unwarranted interference in the affairs of an independent member … Continue reading Buck v Attorney General: CA 2 Jan 1965
The court considered the questions arising from the use of information acquired by an employee during his employment after that employment had ended, and noted that information the future use of which will not be restrained is information not readily separable in the mind of the employee from other information which he is free to … Continue reading Printers and Finishers Limited v Holloway: 1965
References to damages awards in personal injury actions were legitimate in directing a defamation jury on quantum. Judges: Pearson, Willmer and Diplock LJJ Citations: [1965] 2 QB 86 Jurisdiction: England and Wales Citing: Applied – Rookes v Barnard (No 1) HL 21-Jan-1964 The court set down the conditions for the award of exemplary damages. There … Continue reading McCarey v Associated Newspapers Ltd (No 2): CA 1965
The claimant sought damages against her employer saying they had failed to meet their duty of care to prevent bullying. Held: The court refused to strike out the claim that ‘[the plaintiff] was so bullied and belittled by her colleagues that she came to the verge of a nervous breakdown and had to resign’. Judges: … Continue reading Veness v Dyson Bell and Co: 25 May 1965
(High Court of Australia) Instead of rescuing the vessel, she had been despatched to recover, the Walumba tug herself came into peril, and was salved by a pilot boat. Held: The pilot boat was to be awarded pounds 10,000 for its services. A clause from the United Kingdom Standard Towage Conditions were held to form … Continue reading The Walumba (Owners) v Australian Coastal Shipping Commission: 1965
The applicant, a German national, claimed against the German consular and embassy officials in Morocco, alleging that they procured the Moroccan authorities to deport him from the country. The circumstances alleged by the applicant were bizarre. Held: He had not furnished sufficient proof in support of his allegations: ‘Whereas, in certain respects, the nationals of … Continue reading X v Federal Republic of Germany: ECHR 25 Sep 1965
The defendant union officials threatened a building contractor with a strike unless he terminated a sub-contract for the supply of labour. They obviously knew that there was a contract, since they wanted it terminated, but did not know its terms and, in particular, how soon it could be terminated. Held: Lord Denning MR said: ‘Even … Continue reading Emerald Construction Co v Lowthian: CA 1965
Land at the St Lawrence river was to be valued for a compulsory purchase. Held: Value does not mean the value of ‘the realized undertaking as it exists in the hands of the undertaker’. It means the price which possible undertakers would give. This should be tested by the imaginary market which would have ruled … Continue reading Cedars Rapids Manufacturing and Power Co v Lacoste: PC 1914
It is for the detaining authority to justify all periods of detention. The court described the common law duty on a prosecutor to disclose material. Lord Denning MR said: ‘The duty of a prosecuting counsel or solicitor, as I have always understood it, is this: if he knows of a credible witness who can speak … Continue reading Dallison v Caffery: CACD 1965
The Corporation declared an area in which the appellants owned some slum houses to be a slum clearance area and made a compulsory purchase order. Compensation was to be assessed under the 1919 Act and the 1959 Act. The appellants were entitled to receive in compensation the value of their land as sites cleared of … Continue reading Davy v Leeds Corporation: HL 1965
The significance of the distinction between occupation and rights was that although the deserted wife was in actual occupation of the former matrimonial home, the quality of her rights was not such as to be capable of amounting to an overriding interest. A purchaser of land and in particular a reversion to a lease, will … Continue reading National Provincial Bank Limited v Ainsworth: HL 1965
The plaintiff alleged a conspiracy to deprive him of his shares and interest in a company. Each side filed affidavit evidence raising issues of fact. With no oral evidence or cross examination on the affidavits, the Master, after a four day hearing, made a striking out order which was upheld on appeal to the Judge … Continue reading Wenlock v Moloney: CA 1965
(Australia) When a policeman who had retired retired through injury sought damages for that injury, the pension he received as a result of his retirement was to be ignored entirely: ‘In recent years, however, the relevance or otherwise to the issue of damages of the fact that an injured person is entitled to a pension … Continue reading Jones v Gleeson: 1965
In cases in which the plaintiff is seeking damages for the defective performance of a building contract, which is a contract for labour and materials, the normal measure of his damages is the cost of carrying out remedial work, or re-instatement. Reasonableness is a part of the primary assessment of damages as well as of … Continue reading East Ham Corporation v Bernard Sunley and Sons Ltd: HL 1965
Treatment of Merchant as War Vessel The House considered when a merchant vessel may be treated on the same footing as a war vessel and be deemed to be engaged on a warlike operation. Held: This depended on the nature of the cargo and the voyage: ‘She was then in the act of proceeding in … Continue reading Yorkshire Dale Steamship Co Ltd v Minister of War Transport: HL 1942
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 . .
References: Times 25-May-1965 Coram: Widgery J The claimant sought damages against her employer saying they had failed to meet their duty of care to prevent bullying. Held: The court refused to strike out the claim that ‘[the plaintiff] was so bullied and belittled by her colleagues that she came to the verge of a nervous … Continue reading Veness v Dyson Bell and Co; 25 May 1965
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The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the Japanese occupied Rangoon. The question was, whether compensation was payable for this destruction. … Continue reading Burmah Oil Company (Burma Trading) Limited v Lord Advocate: HL 21 Apr 1964
The 1965 Act was to be construed restrictively, lest ‘what was intended as a reasonable protection for a public authority would become an engine of oppression.’ Judges: Lord President Clyde Citations: 1963 SC 410 Statutes: War Damage Act 1965 Jurisdiction: Scotland Cited by: Appeal from – Burmah Oil Company (Burma Trading) Limited v Lord Advocate … Continue reading Burmah Oil Company Limited (Burma Trading) v Lord Advocate: IHCS 1963
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
A deed granted a right of way 40 ft wide, but the land owner narrowed the area of land over which the easement was enjoyed. The easement dominant owner did not object for many years. Held: The deed was clear, and the original extent of the right remained, but there had been no substantial interference … Continue reading West and Another v Sharp: CA 12 May 1999
In about 1930 a house, no 16, one of two adjacent houses in common ownership was rebuilt. One wall was built close against the adjacent no. 14. Thirty years later no. 14 was demolished by its later owner, the Defendant, leaving the adjoining wall of no.16, which was rough and unpointed, exposed to the weather. … Continue reading Phipps v Pears and others: CA 10 Mar 1964
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered title. Actual occupation of part of the land comprised in a registered disposition protected a right or interest … Continue reading Ferrishurst Ltd v Wallcite Ltd: CA 30 Nov 1998
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
BP sought compensation after its land had been acquired compulsorily. The council said its claim was time barred. BP appealed from the Lands Tribunal, saying an agreement with the Authority had kept its claim alive. Held: The fact of entry did not prevent purchase by agreement, which was usual. The agreement gave rise to a … Continue reading BP Oil UK Ltd v Kent County Council: CA 13 Jun 2003
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The plaintiff council complained of the work done for it by the defendant builder. Held: Steyn LJ said: ‘in the case of a building contract, the prima facie rule is cost of cure, i.e., the cost of remedying the defect: East Ham Corporation v. Bernard Sunley and Sons Ltd. ([1965] 3 All ER 619, [1966] … Continue reading Darlington Borough Council v Wiltshier Northern Ltd: CA 28 Jun 1994
On assessment of value for a compulsory purchase of land for a reservoir, if the site had ‘peculiar natural advantages’ for the supply of water that could be taken into account, but ‘there is no value for which compensation ought to be given on this head if the value is created or enhanced simply by … Continue reading In re Gough and Aspatria, Silloth and District Joint Water Board: 1903
Judges: Lord Justice Clerk (Grant) Citations: [1969] 3 All ER 1621, 1969 SC 14 Jurisdiction: Scotland Citing: Obiter rmarks doubted – McKillen v Barclay Curle and Co Ltd 1967 The Lord Ordinary had awarded the pursuer damages for tuberculosis, on the basis that in the accident he had fractured a rib and this had reactivated … Continue reading M’Kew v Holland and Hannen and Cubitts (Scotland) Ltd: 1969
The council owned land on which it wanted to build a recreational centre. Construction contracts were entered into not by the council but by a finance company, the building contractors being the respondents Wiltshier Northern Ltd. The finance company then assigned to the council its rights under the building contracts, and the council claimed damages … Continue reading Darlington Borough Council v Wiltshier Northern Ltd and Others: CA 29 Jun 1994
Whilst it was settled law that no compensation was payable for temporary disturbance to neighbouring land by building works on land compulsorily purchased, as soon as that disturbance came to produce physical damage, compensation became payable. Judges: Beldam and Ward LJJ and Sir Christopher Slade Citations: Gazette 23-Sep-1998, Times 24-Aug-1998, [1998] EWCA Civ 1273, [1999] … Continue reading Clift and Another v Welsh Office: CA 23 Jul 1998
Arcadia chartered the Eurus, and had succeeded in their application for an award in arbitration proceedings against Total. The award had been reversed, and they now appealed against that order. The parties disputed whether the amount was an award of damages or technically a debt. Held: A clause allowing recovery of losses ‘due to failure … Continue reading Total Transport Corporation v Arcadia Petroleum Ltd (‘the Eurus’): CA 18 Nov 1997
Defamation – Large Damages Awards MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in law for awarding exemplary damages, either generally or in the particular … Continue reading John v MGN Ltd: CA 12 Dec 1995
The claimants sought damages for damage to property alleging breach of statutory duty. The defendant said that the regulations were made under European not English law, and that the Secretary of State did not have power to make regulations under the 1974 Act which would give rise to a right to damages. The regulations had … Continue reading Vibixa Ltd, Polestar Jowetts Ltd v Komori UK Ltd and Another, Spectral Technology Ltd: CA 9 May 2006
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when their losses could be minimalised. They appealed a judgment limiting the claim … Continue reading Equitable Life Assurance Society v Ernst and Young: CA 25 Jul 2003
The applicant was sentenced to 18 months’ imprisonment for handling stolen currency notes from travellers at an airport. The police retained cash from his house, which he claimed. He applied for its return. The police not having opposed the application, now sought judicial review of the award of his costs. Held: Lord Denning would have … Continue reading Regina v Uxbridge Justices, ex parte Commissioner of Police of the Metropolis: CA 1981
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by keeping secret that he himself was a pervert, unfit to have any child in his care. … Continue reading Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993
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
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
The court considered the correct approach to the award of statutory interest. Held: Hildyard J said: ‘As to (1), it seems to me that the Court’s overall approach in the authorities cited to me is to distinguish between (a) cases relating to money lost in or in relation to the conduct of a business where … Continue reading Challinor and 20 Others v Juliet Bellis and Co and Egan: ChD 19 Mar 2013
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011
The Tribunal discussed compensation on compulsory purchase, and how the extent of the underlying scheme was to be identified: ‘Before the 1939 war it is broadly, perhaps entirely, true to say that the application of the common law rule was comparatively simple in so far as discovering what ‘the scheme underlying the acquisition’ was. There … Continue reading Kaye v Basingstoke Corporation: LT 1968
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
A contract of insurance provided an indemnity for ‘all sums which the insured shall become legally liable to pay as compensation in respect of loss of property’. The claim was by the Post Office against a contractor, Potters, for damaging one of their cables which in consequence the Post Office had to repair. Before the … Continue reading Post Office v Norwich Union Fire Insurance Society Ltd: CA 1967
The landlord asserted that a tenancy should not be renewed and claimed to have held the freehold for more than 5 years. Held: The Landlord had only become the reversioner to the lease after accepting a surrender of the head lease. The Act referred to the landlord having purchased his interest. That had not happened, … Continue reading HL Bolton (Engineering) Co Ltd v TJ Graham and Sons Ltd: CA 1957
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011
Law of vicarious liability is on the move Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found some defendants (school management trust) … Continue reading The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others: SC 21 Nov 2012
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
The plaintiff contracted to buy oil for his hotel from Esso. Members of the defendant trades union blocked the deliveries of oil by Esso to the Hotel because of a trade dispute they had with the management of the hotel. The hotel sued for an injunction and damages on the ground, amongst others, that the … Continue reading Torquay Hotel v Cousins: CA 17 Dec 1968
A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue under a deed of covenant entered into … Continue reading Alfred Mcalpine Construction Limited v Panatown Limited: HL 17 Feb 2000
A silversmith hired a coach and coachman from the defendants in order to show his wares to customers around London. But the coachman entered into a conspiracy with others to steal the silver. Held The Court dismissed the claim for damages against the defendant who grounded himself on the basis that the coachman’s activities had … Continue reading Cheshire v Bailey: CA 1905
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had occurred, and was now asked whether without prejudice communications made during the mediation … Continue reading Brown v Rice and Another: ChD 14 Mar 2007
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now pursue an argument of necessity. Held: The only cause suggested for suspicion of the claimant was … Continue reading Commissioner of Police of the Metropolis v Raissi: CA 12 Nov 2008
A proposed ring road had been cancelled. The landowners applied for certificates of appropriate alternative development. The Minister confirmed the negative certificates which had been issued by the local planning authority. It was contended that the question whether planning permission might reasonably have been expected to be granted should be considered not as at the … Continue reading Jelson v Minister of Housing and Local Government: CA 1969
Basingstoke was to be expanded to receive overspill population from London and the corporation contracted to purchase about 550 acres from a landowner on terms that the price would be assessed as though the land had been compulsorily acquired under the 1952 Act. About 383 of the 550 acres were, in the town development plan, … Continue reading Camrose v Basingstoke Corporation: CA 1966
The water board obtained a compulsory purchase order to buy agricultural land adjoining a reservoir. The land was subject to protected tenancies under the 1948 Act. Held: (Majority) Because the land subject to notices to treat was required for a use other than agriculture the tenancies were no longer protected. The Point Gourde principle did … Continue reading Rugby Joint Water Board v Shaw-Fox: HL 1973
The question was whether the actions of the deceased had broken the chain of causation when he intervened in an attempt to save property. ‘This rule of the ‘reasonable and probable consequence’ is a key that opens several locks; for it not only fixes the nature and the measure of the duty to take care, … Continue reading Steel v Glasgow Iron and Steel Co Ltd: 1944
LT COMPENSATION – injurious affection – Compulsory Purchase Act 1965 s 10 – preliminary issue – motorway service area – junction alterations affecting trade – whether damage suffered as result of ‘works’ – whether particular damage suffered – held claim for compensation may lie. Citations: [2006] EWLands LCA – 122 – 2005 Links: Bailii Statutes: … Continue reading Moto Hospitality Ltd v Highways Agency: LT 28 Jul 2006
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance. Held: Such an order would question the legitimacy of the actions of a foreign sovereign state, and to … Continue reading Regina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another: CA 6 Nov 2002
The plaintiff claimed damages from the buyer for his failure to accept shares contracted to be taken on a particular date. Two months after that date the sellers began to re-sell the shares on a rising market. Held: Damages for breach of contract such as a contract of sale are normally to be assessed as … Continue reading Jamal v Moolla Dawood, Sons and Co: PC 3 Nov 1915
Judges: Lord Osborne and Lady Cosgrove And Lord Philip Citations: [2005] ScotCS CSIH – 73, 2006 SC 178, [2005] CSIH 73 Links: Bailii, ScotC Citing: Cited – Ocean Leisure Ltd v Westminster City Council LT 31-Dec-2003 LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue … Continue reading Logan v Scottish Water: OHCS 1 Nov 2005
LT COMPENSATION – injurious affection – hoardings erected in street during construction works outside shop premises – preliminary issue – whether claim under Compulsory Purchase Act 1965 s 10 valid – held claimant entitled to compensation for any diminution in rental value. Citations: [2003] EWLands LCA – 30 – 2003, [2004] R and VR 145 … Continue reading Ocean Leisure Ltd v Westminster City Council: LT 31 Dec 2003
A valuable cargo was stolen whilst being transported. Part of the journey was by road, and part by air. The carriers sought to limit their liability, because of the provisions of the Act and Convention. It was argued that that did not apply, because part of the journey had been by air, and part only … Continue reading Quantum Corporation Inc and Others v Plane Trucking Ltd and Another: CA 27 Mar 2002
The claimant sought declarations that the government of Australia was not being conducted in accordance with the 1900 Act as it should be. Held: Though the Act was an English Act, the Courts of England now have no jurisdiction over Australia: ‘when HM the Queen is exercising her functions under the Constitution, she is acting … Continue reading Fitzgibbon v HM Attorney General: ChD 9 Feb 2005
Scott J accepted Kirby as authority for the application of section 10 to works on land acquired by agreement. In an application for a declaration that land is not restricted by a covenant, the onus is on the plaintiff to prove that it is not so affected. It is not on the defendant to prove … Continue reading Re 6, 8, 10 and 12 Elm Avenue, New Milton; Ex parte New Forest District Council: ChD 1984
Defendant’s appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no public element or public dimension involved in the circumstances of the arrest. Held: … Continue reading Humberside Police v McQuade: CA 12 Jul 2001
Damages claim for the damage and diminution in value of two valuable cars damaged whilst in the possession of the Defendants Judges: Charles Hollander QC Sitting as a Deputy Judge of the High Court Citations: [2022] EWHC 1437 (Comm) Links: Bailii Statutes: Carriage of Goods by Road Act 1965 Jurisdiction: England and Wales Transport, Damages … Continue reading Knapfield v Cars Holdings Ltd Company (No 05481676) and Others: ComC 13 Jun 2022
The appellant challenged an order for costs after dismissal of her application for judicial review of the respondent’s planning decision. The claimant had been granted legal aid at about the time of the bringing in of the new legal aid scheme. The two regimes differed as to the limits applied to sums recoverable from the … Continue reading Sonia Burkett, Regina (on the Application of) v London Borough of Hammersmith and Fulham: CA 15 Oct 2004
The parties put forward alternative explanations for the loss of a mail packet. Richards LJ said: ‘Nor do I see any inconsistency between my approach and the observations of Lord Brandon in The Popi M. The conclusion that employee theft was the probable cause of the loss is not based on a process of elimination … Continue reading Datec Electronic Holdings Ltd and Another v United Parcels Service Ltd: CA 29 Nov 2005
Land had been compulsorily acquired for a road. The plaintiff was granted on appeal under section 18 of the 1961 Act a certificate of appropriate alternative development in respect of the land acquired, namely that the land acquired would have been suitable for residential development. Held: On a valuation on a compulsory purchase of land, … Continue reading Porter v Secretary of State for Transport: CA 1996
The claimant had been employed as a solicitor by the respondent at locations across Europe, and came to claim in England that they had wrongly implicated him in unlawful activity. The company sought to issue proceedings in Spain. Held: The Brussels Convention was based upon trust and respect between contracting states. The Convention did not … Continue reading Turner v Grovit: ECJ 27 Apr 2004
Land adjoining a harbour at Vizagapatam which at that time was malarial was to be valued for compulsory purchase. The land contained a spring of clean water. The only potential purchaser of the special adaptability of the land as a water supply was the harbour authority. The High Court valued the land as partly waste … Continue reading Raja Vyricherla Narayana Gajapathiraju v Revenue Divisional Officer, Vizagapatam: PC 23 Feb 1939
EAT Disability Discrimination – Less favourable treatment. The appellant brought proceedings against the Respondents alleging that they had failed to make adjustments to her workplace and conditions so as to accommodate her disability, that they had treated her less favourably for reasons relating to her disability; and in the second case presented in 2000 that … Continue reading Meikle v Nottinghamshire County Council: EAT 19 Aug 2003
Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time. Held: The applicant was entitled to reasonable notice, but all the circumstances of the present case pointed toward the inference … Continue reading Parker v Parker: ChD 24 Jul 2003
Sub-bailees had lost Spanish tax seals which vouched for the respective tax having been paid whilst whisky was being transported from Scotland to Spain. The seals themselves were made of paper and had no intrinsic value. The importers claimed for the tax which would have to be paid again. The carriers appealed. Held: No carrier … Continue reading Sandeman Coprimar Sa v Transitos Y Transportes Integrales S L , Bradford Cargo Terminal Limited, Spain Tir Centro Transportes Internacionales S A , Interserve International Freight Plc, Joda Freight: CA 11 Feb 2003
The claimant sought damages after being assaulted by a doorman employed by the defendant. Held: The responsibility of the nightclub owner for the actions of his aggressive doorman was not extinguished by the separation in time and place from what had happened in the nightclub, and that vicarious liability was therefore established. The owner had … Continue reading Mattis v Pollock (T/A Flamingo’s Nightclub): QBD 24 Oct 2002
The claimant company owned property next to land which had been acquired to build a new bridge across the Thames. It sought compensation for disturbance to its business from the works. Held: The state of the law was complicated and unsatisfactory. Compensation was in fact payable, though by a circuitous route. There was no special … Continue reading Westminster City Council v Ocean Leisure Limited: CA 21 Jul 2004
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have been formally detained. Held: The appeal succeeded. His detention had not been … Continue reading In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998
Income tax – Schedule D, Cases III and VI – Payments of interest and ground rent incurred when property was being developed – Whether capitalised or paid out of profits or gains brought into charge to tax – Income Tax Act 1952 (15 and 16 Geo. 6 and 1 Eliz. 2, c. 10), j. 170.The … Continue reading Fitzleet Estates Ltd v Cherry: HL 9 Nov 1977
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal. Held: Her claim was arguable. It was possible that the Commissioner owed to her a similar duty as would … Continue reading Waters v Commissioner of Police for the Metropolis: HL 27 Jul 2000
The claimants suffered vibration white finger working for the defendants with percussive tools over many years to 1987, but then continued in other employments which also involved vibrating tools and which caused further damage. The claimants made claims in negligence against the defendants, in which the judge found that, in the light of their knowledge … Continue reading Allen and Others v British Rail Engineering Ltd and Another: CA 23 Feb 2001
If a foreign made law was in breach of clearly established international law, then an English court should not recognise it. To do otherwise would be contrary to public policy. An interference with goods pursuant to such a law was actionable in damages. The Iraqi government passed a resolution dissolving the claimant corporation after invading … Continue reading Kuwait Airways Corporation v Iraqi Airways Company (Conjoined Appeals 4 and 5): CA 10 Nov 2000
The defendant solicitors acted for the plaintiff in the purchase of land, but failed to undertake a commons search which would have revealed an entry which would prevent the client pursuing his development. The defect was discovered only when purchasers from their clients later undertook a commons search. In fact the registration was erroneous, but … Continue reading G and K Ladenbau (UK) Ltd v Crawley and De Reya: QBD 25 Apr 1977
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
The company sought damages to its business on a motorway service station when works closed an access road. Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect of the permanent stopping-up orders. Judges: Lord Justice Carnwath Citations: [2007] EWCA Civ 764, [2007] … Continue reading Moto Hospitality Ltd v Secretary of State for Transport: CA 26 Jul 2007
The compensation which was payable for disturbance, when works were carried out on land acquired compulsorily, did not extend to the damage caused by noise dust and vibration arising from the works. Where however damage could be brought within the section, it did not cease to be recoverable because the interruption was only temporary. Lord … Continue reading Wildtree Hotels Ltd and others v Harrow London Borough Council: HL 22 Jun 2000
