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Lord Advocate v Dumbarton District Council: HL 1989

The House was asked whether the Ministry of Defence was entitled to cone off a section of the A814 road without the permission of the roads authority under the Roads (Scotland) Act 1984 or the local planning authority under the Town and Country Planning (Scotland) Act 1972. Held: Before the Acts of Union, Scots law … Continue reading Lord Advocate v Dumbarton District Council: HL 1989

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): SC 9 Dec 2009

The developers wanted to construct their private sewer to the public sewer at a point convenient to them. The water company said a connection at the point proposed would overload the sewer, and refused. The developer claimed that it had the right to make the connection at that point. Held: The authority’s appeal failed. The … Continue reading Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): SC 9 Dec 2009

Regina v Secretary of State for Transport ex parte Factortame Ltd: HL 26 Jul 1990

(Interim Relief Order) Citations: [1990] UKHL 7, [1990] 2 LLR 365, [1990] 2 Lloyd’s Rep 365 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Transport, Ex parte Factortame Ltd HL 18-May-1989 The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The … Continue reading Regina v Secretary of State for Transport ex parte Factortame Ltd: HL 26 Jul 1990

Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5): HL 28 Oct 1999

A member state’s breach of European Law, where the law was clear and the national legislation had the effect of discriminating unlawfully against citizens of other members states, was sufficiently serious to justify an award of damages against that member state for the individuals adversely affected. Judges: Lord Slynn of Hadley, Lord Nicholls of Birkenhead, … Continue reading Regina v Secretary of State for Transport, ex parte Factortame Ltd and others (No 5): HL 28 Oct 1999

British Waterways Board v Severn Trent Water Ltd: CA 23 Mar 2001

The parties disputed discharges from a sewer outfall into the Stourbridge canal which had been constructed by a regional water authority in about 1976, under the previous statutory regime. The relevant outfall was therefore already in use at the transfer date pursuant to a right enjoyed by the regional water authorities under the Public Health … Continue reading British Waterways Board v Severn Trent Water Ltd: CA 23 Mar 2001

Craven (IOT) v White (Stephen); Inland Revenue Commissioners v Bowater Property Developments: HL 1989

In Craven, the taxpayers owned shares in Q Ltd. In early 1976 they began to negotiate with C Ltd for a merger of the two companies and steps were taken to establish an Isle of Man holding company to act as a vehicle for the taxpayers’ shares should the merger materialise. Later in that year … Continue reading Craven (IOT) v White (Stephen); Inland Revenue Commissioners v Bowater Property Developments: HL 1989

Improver Corporation v Remington Consumer Products Ltd: ChD 1989

Protocol Tests For Onbviousness Set Out The invention was based upon the discovery that an arcuate rod with slits, when rotated at high speed, would take the hair off the skin by means of the opening and closing of the slits. The claim was to a rod in the form of an ‘helical spring’ but … Continue reading Improver Corporation v Remington Consumer Products Ltd: ChD 1989

McMonagle v Westminster City Council: HL 1989

The House treated words as surplusage in a statute which contained criminal sanctions in order to avoid the substantial frustration of the object of the Act. Words in an Act are not to be rendered ‘insensible, absurd or ineffective to achieve its evident purpose.’Lord Bridge said: ‘It is a canon of construction that, if it … Continue reading McMonagle v Westminster City Council: HL 1989

Batchelor v Kent County Council: CA 1989

The Council had compulsorily acquired land for highway improvement. It was within an area scheduled for residential development. Outline permission for development of neighbouring land had been granted but the development could not proceed until the road improvements, including the construction of a roundabout, had been carried out. The compulsorily acquired plot was the site … Continue reading Batchelor v Kent County Council: CA 1989

British Waterways Board v London Power Networks Plc, Secretary of State for Trade and Industry: ChD 15 Nov 2002

The landowner objected to the proposal of the second respondent to grant, in favour of the first respondent, a wayleave to lay cables through tunnels owned by the claimant landowner. Held: The tunnel structure was properly seen as land within the Act, and the way-leaves were properly granted. The argument that the meaning of the … Continue reading British Waterways Board v London Power Networks Plc, Secretary of State for Trade and Industry: ChD 15 Nov 2002

National Rivers Authority v Yorkshire Water Services Ltd: HL 21 Nov 1994

The defendant sewerage undertaker received sewage, treated it in filter beds and discharged the treated liquid into the river. One night someone unlawfully discharged a solvent called iso-octanol into the sewer. It passed through the sewage works and entered the river. The question was whether the defendant had caused the consequent pollution. Held: The defence … Continue reading National Rivers Authority v Yorkshire Water Services Ltd: HL 21 Nov 1994

National Rivers Authority v Yorkshire Water Services Ltd: QBD 19 Nov 1993

‘Causing’ is a question of fact- does not import knowledge or negligence. A water authority could be liable for pollution caused to water even if it was caused by an unknown third party. Times 24-Nov-1993, Independent 19-Nov-1993 Water Act 1989 107(1)(a) England and Wales Citing: Appealed to – National Rivers Authority v Yorkshire Water Services … Continue reading National Rivers Authority v Yorkshire Water Services Ltd: QBD 19 Nov 1993

Maclaine Watson and Co Ltd v International Tin Council: HL 2 Jan 1989

The International Tin Council was a body constituted by an international treaty not incorporated into law in the United Kingdom. The ITC was also created a legal person in the United Kingdom by article 5 1972 Order. Held: As a legal person in the United Kingdom – rather than the states who were its members … Continue reading Maclaine Watson and Co Ltd v International Tin Council: HL 2 Jan 1989

The Manchester Ship Canal Company Ltd and Another v United Utilities Water Plc: SC 2 Jul 2014

The court was asked: ‘whether a sewerage undertaker under the Water Industry Act 1991 has a statutory right to discharge surface water and treated effluent into private watercourses such as the Respondents’ canals without the consent of their owners.’ Held: The appeals of the sewerage company succeeded. Such discharges were in their nature a trespass, … Continue reading The Manchester Ship Canal Company Ltd and Another v United Utilities Water Plc: SC 2 Jul 2014

Waters and others v Welsh Development Agency: HL 29 Apr 2004

Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004

Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989

The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference to the European Court. Held: This was dispute in law, and an English Court did not have power to … Continue reading Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989

Regina v Secretary of State for Transport, ex parte Factortame: ECJ 19 Jun 1990

ECJ It is for the national courts, in application of the principle of cooperation laid down in Article 5 of the EEC Treaty, to ensure the legal protection which persons derive from the direct effect of provisions of Community law. Any provision of a national legal system and any legislative, administrative or judicial practice which … Continue reading Regina v Secretary of State for Transport, ex parte Factortame: ECJ 19 Jun 1990

Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990

The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990

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

Attorney General’s Reference (No 1 of 1994): CACD 31 Jan 1995

‘Causing’ polluting of water may be committed jointly as a result of combining different acts. A lack of maintenance can make a sewage system operator guilty of causing a leak. Citations: Gazette 08-Mar-1995, Independent 31-Jan-1995, Times 26-Jan-1995 Statutes: Water Act 1989 107 Jurisdiction: England and Wales Environment Updated: 13 September 2022; Ref: scu.77966

Wychavon District Council v National Rivers Authority: QBD 16 Sep 1992

The council maintained the sewage system in its district as agent for the statutory authority, the Severn Trent Water Authority. It operated, maintained and repaired the sewers. As sewage authority, it received raw sewage into its sewers. On the occasion in question one of the sewers became blocked. The sewage flowed into the stormwater drainage … Continue reading Wychavon District Council v National Rivers Authority: QBD 16 Sep 1992

National Rivers Authority v Wright Engineering Co Ltd: QBD 19 Nov 1993

Escape following vandalism was not ’caused’ by the company. It was not foreseeable. Although there had been past incidents of vandalism at the defendant’s premises, ‘the vandalism involved was not reasonably foreseeable because it was out of all proportion to the earlier and more minor incidents.’ Though Welsh Water Authority -v- Williams Motors (Cwmdu) Ltd … Continue reading National Rivers Authority v Wright Engineering Co Ltd: QBD 19 Nov 1993

Orakpo v Barclays Insurance Services and Another: CA 1995

The insured sought to claim under his policy. The insurance company declined any payment, saying that part of the claim was fraudulent. Hoffmann LJ said: ‘In my view, the claim also fails on the ground that it was substantially fraudulent. The relevant principle is stated as follows by Malcolm Clark in his book, The Law … Continue reading Orakpo v Barclays Insurance Services and Another: CA 1995

Tesco Stores Ltd v Constable and others: Comc 14 Sep 2007

The defendants provided insurance for the claimant to construct a train tunnel over which the claimant would build a supermarket. The tunnel collapsed, and the railway operator claimed for loss of revenues. The insurers denied responsibility saying the loss was purely economic, and not covered by the policy. Held: ‘since none of the loss for … Continue reading Tesco Stores Ltd v Constable and others: Comc 14 Sep 2007

Astea (UK) Ltd v Time Group Ltd: TCC 9 Apr 2003

The question of whether a reasonable time has been exceeded in performance of a contract is ‘a broad consideration, with the benefit of hindsight, and viewed from the time at which one party contends that a reasonable time for performance has been exceeded, of what would, in all the circumstances which are by then known … Continue reading Astea (UK) Ltd v Time Group Ltd: TCC 9 Apr 2003

Black, Regina (on The Application of) v Secretary of State for Justice: SC 19 Dec 2017

The Court was asked whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006. Held: However reluctantly, the claimant’s appeal was dismissed. Parliament must be assumed to have intended that the Crown be not bound by … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: SC 19 Dec 2017

Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015

The serving prisoner said that new general restrictions on smoking in public buildings applied also in prisons. were a breach of his human rights. The only spaces where prisoners were allowed now to smoke were their cells, and he would share cells with smokers, suffering second hand inhalation. He suffered health problems. Judges: Singh J … Continue reading Black, Regina (on The Application of) v Secretary of State for Justice: Admn 5 Mar 2015

The Province of Bombay v The Municipal Corporation of The City of Bombay and Another: PC 10 Oct 1946

(Bombay) The Board considered whether the Crown was bound by section 222(1) and section 265 of the City of Bombay Municipal Act 1888, which in effect gave the Municipality power to carry water mains for the purposes of water supply through, across or under any street and ‘into, through or under any land whatsoever within … Continue reading The Province of Bombay v The Municipal Corporation of The City of Bombay and Another: PC 10 Oct 1946

Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association): CA 22 May 1998

The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox. Held: A certifying authority and its inspector were both liable in negligence having certified an … Continue reading Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association): CA 22 May 1998

W L Gore and Associates Gmbh v Geox Spa: PatC 7 Oct 2008

The claimants sought a declaration of non-infringement of four patents relating to waterproof fabrics for shoes. Held: The patents could not be set as invalid for obviousness. Judges: Floyd J Citations: [2008] EWHC 2311 (Pat) Links: Bailii Jurisdiction: England and Wales Citing: Cited – General Tire and Rubber Company v Firestone Tyre and Rubber Company … Continue reading W L Gore and Associates Gmbh v Geox Spa: PatC 7 Oct 2008

Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

Fish and Fish Ltd v Sea Shepherd UK and Another: AdCt 25 Jun 2012

The claimant company was engaged in tuna fish culture off shore to Malta. The defendant ship was owned by a charity which campaigned against breaches of animal preservation conventions. Fish were being transporting live blue fin tuna in towed underwater cages. The defendant ‘attacked’ the cages causing much damage, on the basis that the fish … Continue reading Fish and Fish Ltd v Sea Shepherd UK and Another: AdCt 25 Jun 2012

Watkins v Secretary of State for The Home Departmentand others: CA 20 Jul 2004

The claimant complained that prison officers had abused the system of reading his solicitor’s correspondence whilst he was in prison. The defendant argued that there was no proof of damage. Held: Proof of damage was not necessary in the tort of misfeasance in public office. The prisoner would be awarded andpound;5.00 nominal damages against the … Continue reading Watkins v Secretary of State for The Home Departmentand others: CA 20 Jul 2004

R Cruickshank Limited v The Chief Constable of Kent County Constabulary: CA 13 Dec 2002

The claimant had sought damages from the defendant for unlawful interference with contractual relations, and for misfeasance in public office. It now appealed against an order striking out its claim. It claimed that the police had unlawfully abused their power causing it damage to its goodwill and business. Held: Three Rivers established two forms of … Continue reading R Cruickshank Limited v The Chief Constable of Kent County Constabulary: CA 13 Dec 2002

Livingstone v Rawyards Coal Co: HL 13 Feb 1880

Damages or removal of coal under land User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the houses on the surface. If … Continue reading Livingstone v Rawyards Coal Co: HL 13 Feb 1880

North Eastern Properties Ltd v Coleman and Another: ChD 20 Aug 2009

The parties agreed for the developer to build and the defendants to purchase several apartments. The properties were not completed after a notice to complete and the purchasers purported to rescind the contract. The claimant completed the flats and in turn served notice to complete. The defendant now said that since the agreement included a … Continue reading North Eastern Properties Ltd v Coleman and Another: ChD 20 Aug 2009

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

South Wales Electricity Plc v The Director General of Electricity Supply: ChD 22 Oct 1999

An electricity company which also operated also as a water supplier did not have the power to issue coin operated meters which were capable of metering and charging for both electricity and water supplies. The words allowing the company to install such meters were quite restrictive. Judges: The Honourable Mrs Justice Arden Citations: Times 28-Oct-1999, … Continue reading South Wales Electricity Plc v The Director General of Electricity Supply: ChD 22 Oct 1999

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

Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

French and others v Chief Constable of Sussex Police: CA 28 Mar 2006

The claimants sought damages for psychiatric injury. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force. Held: The claim failed: ‘these claimants have no real prospect of establishing that it was reasonably foreseeable that the corporate failings would cause them psychiatric … Continue reading French and others v Chief Constable of Sussex Police: CA 28 Mar 2006

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others: CA 12 Dec 2006

The claimants appealed refusal of a judicial review of the defendant’s decision to enter into the war in Iraq. The claimants were parents of troops who had died in the war. They said that the legal advice given to the government was incorrect. Held: Human Rights law requires a proper investigation into deaths, but that … Continue reading Gentle and Clarke, Regina (on the Application Of) v Prime Minister and others: CA 12 Dec 2006

Francis Day and Hunter Limited v 20th Century Fox Corporation Limited: PC 12 Oct 1939

(Ontario) Copyright protection was asserted on in connection with the title to a film (‘The Man Who Broke the Bank at Monte Carlo’). Held: It was not a literary work capable of attracting copyright protection. As a rule, such titles do not involve literary composition, and will not be sufficiently substantial to justify claims of … Continue reading Francis Day and Hunter Limited v 20th Century Fox Corporation Limited: PC 12 Oct 1939

IPC Media Ltd v Highbury-Leisure Publishing Ltd: ChD 21 Dec 2004

The claimant magazine publisher alleged breach of copyright by the defendant in their magazine, as to the cover page designs used. It was not clear just which cover was said to have been copied. Held: The first step in a copyright action is for the claimant to identify what work or works he relies on. … Continue reading IPC Media Ltd v Highbury-Leisure Publishing Ltd: ChD 21 Dec 2004

Inveresk Plc v Tullis Russell Papermakers Ltd: SC 5 May 2010

The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that TR had caused additional losses by failing to maintain … Continue reading Inveresk Plc v Tullis Russell Papermakers Ltd: SC 5 May 2010

Crown Estate Commissioners v Roberts and Another: ChD 13 Jun 2008

The defendant claimed ownership as Lord Marcher of St Davids of historical rights in foreshores in Pembrokeshire. The claimants sought removal of his cautions against first registration. Held: Lewison J explored the history of manorial holdings and how the Welsh land holding systems had been incorporated under English law. The claimant had established a right … Continue reading Crown Estate Commissioners v Roberts and Another: ChD 13 Jun 2008

Norwich Union Insurance Ltd v Meisels and Another: QBD 9 Nov 2006

The claimants sought payment for water damage under their policies. The insurer alleged non-disclosure. The judge had found the claimants to be honest, and criticised the defendants witnesses. The claimants had been involved in companies which had been in insolvent liquidation, but the proposal from did not raise the issue. Was the non-disclosure material? Held: … Continue reading Norwich Union Insurance Ltd v Meisels and Another: QBD 9 Nov 2006

Stokes v Cambridge Corporation: LT 1961

The tribunal considered case concerned 5.1 ha of land with an assumption of planning permission for industrial development under Planning legislation. There was only one possible access over adjoining land in different ownership. Held: When determining the value of land compulsorily acquired by the Corporation, the Tribunal allowed for the fact that the landowner would … Continue reading Stokes v Cambridge Corporation: LT 1961

Associated Newspapers Ltd v Burstein: CA 22 Jun 2007

The newspaper appealed an award of damages for defamation after its theatre critic’s review of an opera written by the claimant. The author said the article made him appear to sympathise with terrorism. Held: The appeal succeeded. Keene LJ said: ‘It is unusual for this court to overturn a judge who has ruled that a … Continue reading Associated Newspapers Ltd v Burstein: CA 22 Jun 2007

Lewis v Avidan Ltd (T/A High Meadow Nursing Home): CA 13 Apr 2005

A nurse claimed damages after slipping on a patch of water in the nursing home where she worked. The defendant argued that the pipe which had broken was not equipment so as to make it liable. Held: The nurse’s appeal failed. The mere fact of an entirely unexpected and unpredictable flood does not mean that … Continue reading Lewis v Avidan Ltd (T/A High Meadow Nursing Home): CA 13 Apr 2005

Exel Logistics Ltd v Curran and others: CA 30 Sep 2004

The claimants sought damages for personal injuries after a crash in a Land Rover maintained by the defendants. The defendants appealed findings of negligence in failing properly to inflate the rear tyres, in continuing despite the danger, and poor overtaking. A further fault was identified in that dirt in the front wheel had led to … Continue reading Exel Logistics Ltd v Curran and others: CA 30 Sep 2004

Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017

Astle and others v Cheshire County Council and Omnisure Property Management Ltd: EAT 20 May 2004

EAT Issue whether Employment Tribunal asked itself the right question and/or was perverse in failing to find that the principal reason for the Council’s changed arrangements was to thwart TUPE and hence that the ECM point should have been injected into the (otherwise correctly applied) Spijkers test. Appeal dismissed. Judges: The Honourable Mr Justice Burton … Continue reading Astle and others v Cheshire County Council and Omnisure Property Management Ltd: EAT 20 May 2004

Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004

The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights … Continue reading Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004

McKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd): ChD 14 Jan 2003

The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing the value until the result was available. Held: The starting point for measuring damages was the difference … Continue reading McKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd): ChD 14 Jan 2003

In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice): HL 3 Apr 2003

The applicant challenged an order for his extradition to the US. He had been convicted in his absence having absconded from bail. Held: He had been arrested and held on the basis that he was a convicted person, but the procedure should have allowed that having been convicted in his absence, in contumacy, he should … Continue reading In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice): HL 3 Apr 2003

Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003

Land had been purchased compulsorily, but the respondent unlawfully returned to possession in 1966, and now claimed title by adverse possession. The Council executed a vesting deed poll in 1988. The Council asserted that he could not be in adverse possession of his own land. Held: ‘anyone who has possession of land can maintain an … Continue reading Rhondda Cynon Taff Borough Council v Watkins: CA 12 Feb 2003

Spain v Council (Rec 1992,p I-5191) (Judgment): ECJ 13 Oct 1992

Eiropa 1. The requirement of relative stability in the allocation among the Member States of the catches available to the Community, in the event of limitation of fishing activities under Article 4(1) of Regulation No 170/83, must be understood as meaning that in that distribution each Member State is to retain a fixed percentage. The … Continue reading Spain v Council (Rec 1992,p I-5191) (Judgment): ECJ 13 Oct 1992

Gibbs and others v Rea: PC 29 Jan 1998

(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided and searched by the police. Nothing incriminating was found. He claimed damages saying the search warrrant had … Continue reading Gibbs and others v Rea: PC 29 Jan 1998

I v Director of Public Prosecutions etc: HL 8 Mar 2001

A group of youths carried petrol bombs in public, anticipating a confrontation with another group. They did not brandish them or actually threaten anybody. On dispersal by the police the bombs were dropped. On being charged with affray it was held that the carrying of such equipment in public even without overt threats or acts … Continue reading I v Director of Public Prosecutions etc: HL 8 Mar 2001

Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000

Castle v Director of Public Prosecutions: Admn 12 Mar 1998

Appeal by case stated from conviction of possession of firearms (air rifles) within five years of release from prison. The court was asked as to whether they were ‘lethal’ Held: The appeal failed: ‘ the Justices were entitled to reach the conclusions they did on the evidence before them. They were entitled to do that … Continue reading Castle v Director of Public Prosecutions: Admn 12 Mar 1998

Ensign Tankers (Leasing) Ltd v Stokes (Inspector of Taxes): HL 6 May 1992

The appellants entered into partnerships with a film production company. By doing so they intended to make available to themselves first year allowances on the capital expenditure incurred. Loan agreements protected them from any eventual loss. Held: Money which had been spent mainly for trading had the benefit of the tax allowances whatever the motive … Continue reading Ensign Tankers (Leasing) Ltd v Stokes (Inspector of Taxes): HL 6 May 1992

A v A (Children: Shared Residence Order): CA 3 Feb 1994

A shared residence order may be still made if it is needed, but it remains an unusual order. Connell J discussed the guidance given as to shared residence orderButler-Sloss LJ said: ‘Miss Moulder, representing the father, accepts that the conventional order still is that there would be residence to one parent with contact to the … Continue reading A v A (Children: Shared Residence Order): CA 3 Feb 1994

Newbury District Council v Secretary of State for the Environment: HL 1980

Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980

Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010

Fawcett Properties Ltd v Buckingham County Council: HL 1960

A grant of planning permission was subject to an agricultural occupancy condition: ‘The occupation of the houses shall be limited to persons whose employment or latest employment is or was employment in agriculture as defined by section 119(1) of the Town and Country Planning Act, 1947, or in forestry or in any industry mainly dependent … Continue reading Fawcett Properties Ltd v Buckingham County Council: HL 1960

Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007

The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007

Jogee and Ruddock (Jamaica) v The Queen: SC 18 Feb 2016

Joint Enterprise Murder (and in Privy Council) The two defendants appealed against their convictions (one in Jamaica) for murder, under the law of joint enterprise. Each had been an accessory when their accomplice killed a victim with a knife. The judge in Jogee had directed the jury that he would be guilty of murder as … Continue reading Jogee and Ruddock (Jamaica) v The Queen: SC 18 Feb 2016

Post Office v Estuary Radio Ltd: CA 1968

On the proper inerpretation of the legislation, the extent of application of the legislative regime is determined by reference to the concept of the UK’s territorial waters as defined from time to time by the Crown. When the exercise of the Royal Prerogative directly effects an extension or contraction of the jurisdiction without the constitutional … Continue reading Post Office v Estuary Radio Ltd: CA 1968

London Residuary Body v Lambeth London Borough Council: HL 1990

Planning battles had raged over the use of the former GLC County Hall. The question was whether it was desirable and appropriate to retain use of part of the building for London Government offices and centred on the ‘competing needs’ test. Held: County Hall in London was not an office use, but was a Local … Continue reading London Residuary Body v Lambeth London Borough Council: HL 1990

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990

Forsikringsaktieselskapt Vesta v Butcher: HL 1988

A contract of insurance and a facultative reinsurance, under which part of the original risk was reinsured, contained warranties in identical terms. Held: The warranty in the reinsurance policy, which was governed by English law, should be construed so that it had the same effect as the warranty in the insurance which was governed by … Continue reading Forsikringsaktieselskapt Vesta v Butcher: HL 1988

Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him. Held: The question amounted to asking whether the coroner’s decision on the resumption should have been affected … Continue reading Hurst, Regina (on the Application of) v Commissioner of Police of the Metropolis v London Northern District Coroner: HL 28 Mar 2007

Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005

The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, had failed to provide him with reasonable assistance and support, and … Continue reading Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005

Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994

The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994

JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005

W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981

The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981

Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987

The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the use of plastic baton rounds for the first time in England and Wales and … Continue reading Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987

Regina v RL and JF: CACD 28 Aug 2008

Club, not members, prosecutable for breach The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have been prosecuted under the 1978 Act, and that a prosecution would not … Continue reading Regina v RL and JF: CACD 28 Aug 2008

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same: HL 28 Feb 2002

The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal planning application, no determination had been made. Held: The procedure of making a determination had important consequences. … Continue reading Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same: HL 28 Feb 2002

Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999

Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999

Mott, Regina (on The Application of) v Environment Agency: SC 14 Feb 2018

The Court considered the legality under the European Convention on Human Rights of licensing conditions imposed by the Environment Agency restricting certain forms of salmon-fishing in the Severn Estuary. The claimant operated a licensed putcher rank salmon fishing business. Held: The Agency’s appeal failed. The judge’s reasoning was correct. He had not find it necessary … Continue reading Mott, Regina (on The Application of) v Environment Agency: SC 14 Feb 2018

Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004

The claimant sought a declaration that the 1981 Act, as amended, interfered with the peaceful enjoyment of its possession, namely a stretch of canal which had been declared a Site of Special Scientific Interest, with the effect that it was unusable. It had come to be a habitat for wildlife, and the order prevented the … Continue reading Trailer and Marina (Leven) Ltd, Regina (ex parte) v Secretary of State for the Environment, Food and Rural Affairs and Another: CA 15 Dec 2004

McCann v Crown Prosecution Service: Admn 21 Aug 2015

Appeal by case stated against conviction for obstructing a police officer in the execution of his duty. The appellant had been protesting. She, correctly, thought the land to be a rivate highway. The police officer had thought it a public hghway and had acted accordingly under the 1980 Act. Held: The appeal failed. The inspector’s … Continue reading McCann v Crown Prosecution Service: Admn 21 Aug 2015