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
The claimant sought damages from her former accountants for failing to protect her from bankruptcy. The receiver had unnecessarily caused great difficulties in making their claim that such an action vested in them. The defendants had subsequently, and brazenly sought to avoid laibility by denying the claimant’s standing to sue them. Held: The claim by … Continue reading Mulkerrins v Pricewaterhouse Coopers: HL 31 Jul 2003
The applicant, a gipsy had occupied land she had bought. Her occupation was in breach of planning control. The inspector found exceptional cirumstances for allowing her to continue to live there. The authority appealed. Held: The inspector had failed to take sufficient account of the unlawfulness fo her occupation. It was important that the concept … Continue reading South Bucks District Council v Secretary of State for Transport, Local Government and the Regions and Linda Porter: CA 19 May 2003
The court looked at an allegation that there had been a total failure of consideration: ‘In my view the hardware did not have any significant value to SWW in itself (except for a minimal second hand value). Equally I am satisfied that the customer contact and workflow SRS did not have any intrinsic value to … Continue reading South West Water Services Ltd v International Computers Ltd: 29 Jun 1999
Citations: [2003] EWHC 448 (Admin), [2004] 1 WLR 579 Links: Bailii Statutes: Water Resources Act 1991 85(1) 85(6) Jurisdiction: England and Wales Environment Updated: 20 November 2022; Ref: scu.184973
One party had been ordered to pay the costs of an unsuccessful attempt to discharge injunctions and strike out the action. The applications failed (badly) and the costs were ordered to be taxed and paid forthwith. Later there was a trial, and the previously unsuccessful party succeeded. That party then sought to appeal the original … Continue reading Koshy v Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh: CA 24 Nov 2003
A ferry plied its way between Dublin and Holyhead, coming into English territorial waters three or four times a day, and for up to three hours on each occasion. The claimants asserted that the construction of the hull infringed its patent. Held: The Act specifically excluded liability where an infringing ship or other item came … Continue reading Stena Rederi Aktiebolag and Another v Irish Ferries Ltd: CA 6 Feb 2003
The applicants had a business processing whelks. After the loss of the Sea Empress, an order was made prohibiting the sale of seafood from the area. They appealed a refusal of compensation for their losses. The respondents would be liable to make recompense if the loss could be said to be ‘damage caused by contamination … Continue reading R J Tilbury and Sons (Devon) Ltd t/A East Devon Shellfish v Alegrete Shipping Co Inc (Owners of the Ship ‘Sea Empress’), Assurance Foreningen Skuld (Gjensidig) and the International Oil Pollution Compensation Fund 1971: CA 7 Feb 2003
The appellant complained that the judge had accepted a case of no case to answer before the close of the claimant’s case and without putting them to their election. The claimant estate agents sought payment of their account. The defendants alleged a fraud by an employee of the claimants who had now left. The claimants … Continue reading Benham Limited v Kythira Investments Ltd and Another: CA 15 Dec 2003
The special relationship between an auditor and a bank, meant that a duty of care could extend even to a second bank with its own auditors. In determining whether there had been an assumption of responsibility, the the relevant factors would include (according to the authorities): ‘(a) the precise relationship between (to use convenient terms) … Continue reading Bank of Credit and Commerce International (Overseas) Limited (In Liquidation); BCCI Holdings (Luxembourg) SA (In Liquidation); Bank of Credit and Commerce International SA (In Liquidation) v Price Waterhouse: CA 13 Feb 1998
The Director appealed dismissal of charges under the Acts against the respondent. There had been a fight in a shopping mall. The mall was private land over which there was a public right of way. The respondent objected when the officer taped off an area of the mall to investigate. Held: The owner of the … Continue reading Director of Public Prosecutions v Morrison: Admn 4 Apr 2003
An abatement notice was served on the respondent in respect of the stink emanating from their sewage works. The magistrates decided that the workls did not constitute premises within the section, following Parlby. Held: Parlby was not binding, whiuch was limited to the Act under which the decision was made. The definition of a statutory … Continue reading Hounslow London Borough Council v Thames Water Utilities Ltd: Admn 23 May 2003
Judges: Lord Justice William Davis Mr Justice Fraser Mrs Justice May Citations: [2022] EWCA Crim 986 Links: Bailii Statutes: Sexual Offences Act 2003 3 Jurisdiction: England and Wales Criminal Sentencing Updated: 03 November 2022; Ref: scu.682286
The two defendants had been involved in a jet-ski accident on holiday in Europe. The claimant sought a declaration that it was not liable to indemnify its insured under the holiday insurance under which they travelled. The policy excluded liability for damages arising from ownership, or possession of water craft. The defendants alleged that the … Continue reading Bankers Insurance Company Limited v South, Gardner: QBD 7 Mar 2003
The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. The particular noise is loud and characterised by a very rapid onset with a corresponding startle … Continue reading Dennis and Dennis v Ministry of Defence: QBD 16 Apr 2003
The respondent had at the close of the claimant’s case submitted that it had no case to answer. The tribunal agreed and discharged the claim without hearing from the respondent. The employer appealed the EAT’s decision to allow her appeal. Held: Stopping the case was a step which no reasonable tribunal, properly directing itself, would … Continue reading Logan v Commissioners of Customs and Excise: CA 23 Jul 2003
EAT Unfair Dismissal – Reasonableness of dismissal. Judges: The Honourable Mr Justice Burton Citations: [2005] UKEAT 0855 – 04 – 1804, UKEAT/0855/04 Links: Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Colesby v Mountain Spring Water Co Ltd EAT 11-Sep-2003 EAT Practice and Procedure – Application/Claim. . . Lists of cited by and … Continue reading Mountain Spring Water Co Ltd v Colesby: EAT 18 Apr 2005
EAT Practice and Procedure – Application/Claim. Judges: Her Honour Judge A Wakefield Citations: [2003] EAT 0451 – 03 – 1109, [2003] UKEAT 0451 – 03 – 1109, EAT/451/03 Links: Bailii, Bailii, EAT Jurisdiction: England and Wales Cited by: See Also – Mountain Spring Water Co Ltd v Colesby EAT 18-Apr-2005 EAT Unfair Dismissal – Reasonableness … Continue reading Colesby v Mountain Spring Water Co Ltd: EAT 11 Sep 2003
The appellant operated an approved storage facility, holding alcoholic drinks. Drinks were to be exported, and were released on that basis. They were later diverted and sold within the UK market, evading the appropriate duty. The company appealed a finding that it had itself to pay the duty. Held: Chargeability is a matter of domestic … Continue reading Greenalls Management Ltd v Commissioners of Customs and Excise: CA 26 Jun 2003
At the end of the claimant’s case the defendant wished to submit that there was no case for her to answer. The judge then put the defendant to an election as to whether or not she would call any evidence. She appealed. Held: It is not appropriate for a judge to apply the test of … Continue reading Miller (T/A Waterloo Plant) v Cawley: CA 30 Jul 2002
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
The defendant trawlerman was seen with his nets in the water within the six mile limit, and he faced a prosecution. He replied that the only acts undertaken within the limit had been acts of maintenance of his nets. Held: In the breaking open of nets to release debris rocks and fish back into the … Continue reading South Wales Sea Fisheries Committee v Saunders: Admn 27 Nov 2003
The court considered liability under a repairing covenant at the termination of a lease. Judges: Toulmin CMG QC J Citations: [2008] EWHC 2003 (TCC) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Business Environment Bow Lane Ltd v Deanwater Estates Ltd CA 27-Jun-2007 Enforcement of repairing obligations in lease after assignments, and the … Continue reading Business Environment Bow Lane Ltd v Deanwater Estates Ltd: TCC 31 Jul 2008
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
The claimant owned land over which sewage and other water had spilled from the appellant’s sewage works. His claim having been dismissed under Rylands v Fletcher, and there being no statutory means of obtaining compensation, the judge was asked to say that his human rights had been infringed insofar as his right to peaceful enjoyment … Continue reading Thames Water Utilities Limited v Marcic: CA 7 Feb 2002
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
Lord Macmillan said: ‘Where the sufferer from a breach of contract finds himself in consequence of that breach placed in position of embarrassment the measures which he may be driven to adopt in order to extricate himself ought not to be weighed in nice scales at the instance of the party whose breach of contract … Continue reading Banco de Portugal v Waterlow and Sons Ltd: HL 28 Apr 1932
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
Judges: Lord Abernethy Citations: [2003] ScotCS 216 Links: Bailii Jurisdiction: Scotland Citing: See Also – Hamilton and Stebbings Inc v Allied Domecq Plc OHCS 30-Mar-2001 As a result of section 10(1) of the 1985 Act, there was no need to enter into the field of Hedley Byrne type ‘special relationships’ and whether a duty of … Continue reading John Stewart Hamilton and others v Allied Domecq Plc: OHCS 1 Aug 2003
ECJ (Judgment) Community trade mark – Three-dimensional mark – Shape of a bottle – Absolute grounds for refusal – Distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94. Citations: T-305/02, [2003] EUECJ T-305/02 Links: Bailii Jurisdiction: European Intellectual Property Updated: 08 June 2022; Ref: scu.189906
The defendant challenged the claimant’s right to possession under a legal charge. She appealed a finding that she had not established the undue influence of her husband, a solicitor. Held: A lender who received a voidable security was entitled to invoke the right of subrogation in the same way, and to the same extent, as … Continue reading UCB Group Ltd v Hedworth: CA 4 Dec 2003
The claimant had contracted to purchase lead from some of the defendants. There were delays in payment but when funds were made available they should have been repaid. An incorrect bill of lading was presented. The bill certified that the goods had been loaded, but they had not. Held: An inspector certifying the goods should … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003
The employment tribunal, in delivering its judgment had cited a decision which was not among those referred to by the parties, but it did not give an opportunity to them to comment on it before delivering its decision. Held: Such an ommission was a defect in procedure, and potentially a serious one. However in this … Continue reading Stanley Cole (Wainfleet) Ltd v Sheridan: CA 25 Jul 2003
Land was sold at auction. The particulars appeared to included valuable milk quota. The vendor was unable to complete, but no completion notice was served. The judge had held that the correct measure of damages was the difference (in financial terms) between what would have happened had a completion notice been served by Mr Williams … Continue reading Douglas Williams and others v Glyn Owen and Co: CA 11 Jun 2003
The applicant appealed striking out of her employment claims against the respondent. She had been made bankrupt after lodging her appeal to the EAT, and the EAT had held that she lacked standing to pursue her claim. Held: Employment claims are in their essential nature personal and not proprietary, and did not vest in the … Continue reading Grady v HM Prison Service: CA 11 Apr 2003
The taxpayer appealed against a rating assessment on a barge permanently moored at a riverbank. He claimed that as a chattel, it should not be rated. Held: The vessel was a chattel, but its occupation could be an occupation of the riverbed. The licences were stated to be non-exclusive, but the law of rating looks … Continue reading Cinderella Rockerfellas Ltd v Rudd (Valuation Officer): CA 11 Apr 2003
Documents had been prepared by the respondent to support a request for legal advice in anticipation of the Bingham enquiry into the collapse of BCCI. Held: Legal advice privilege attached to the communications between a client and the solicitor where proceedings were not contemplated, but did not attach to supporting documents. Privilege stemmed from the … Continue reading Three Rivers District Council and others v The Governor and Co of the Bank of England (No 5): CA 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
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
House owners had used vehicular access across a common to get to their houses for many years. The commons owner required them to purchase the right, and they replied that they had acquired the right by lost modern grant and/or by prescription. Held: The use of a right of way over a common by vehicles … Continue reading Roland Brandwood and others v Bakewell Management Ltd: CA 30 Jan 2003
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003
A trustee in bankruptcy had had vested in him the legal title to an action for damages for the loss to personal reputation and status of the bankrupt. Held: A declaration that he had no interest in a claim for damages against a former insolvency practitioner, was not a judgment in rem, making him a … Continue reading Mulkerrins v Pricewaterhousecoopers (A Firm): CA 12 Jan 2001
A coalmine owner claimed statutory compensation against a water undertaking which had, under its statutory authority, prevented him mining his coal over a period during which the price of coal had risen. The House was asked whether the coal should be valued as at the beginning of the period or at its value during the … Continue reading Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co: HL 1903
In a private prosecution, Mr Hart complained that the defendant had allowed untreated sewage to be discharged into controlled waters. The defendant pleaded guilty, but now appealed the fine of andpound;200,000. Held: The sentence was imposed on the basis that the discharge was substantial, and the effect on the environment disastrous. The defendant had many … Continue reading Hart v Anglian Water Services Ltd: CACD 31 Jul 2003
The context was used showed that ‘premises’ mean land with buildings. Land still vacant on which the owner proposed in the future to erect buildings did not qualify as premises within section 79 of the 1853 Act. Judges: Ridley J Citations: [1907] 1 KB 285 Statutes: East London Waterworks Act 1853 Jurisdiction: England and Wales … Continue reading Metropolitan Water Board v Paine: 1907
A wrongdoer must take his victim as he finds him, and be answerable for the consequences which actually flow from his wrongful act. Lord Collins said: ‘In my opinion the wrongdoer must take his victim talem qualem, and if the position of the latter is aggravated because he is without the means of mitigating it, … Continue reading Clippens Oil Co v Edinburgh and District Water Trustees: HL 1907
Water had leaked from a main and disturbed paving stones in the highway. The water board had had no knowledge of or reason to suspect any danger to the public at the place in question. Held: Affirming the Court of Appeal, since the board was acting under statutory authority in maintaining the main, they were … Continue reading Longhurst v Metropolitan Water Board: HL 1948
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
A police officer does not have an unfettered right to restrict movements on private land. Ashworth J said: ‘In the judgment of this court it would be difficult . . to reduce within specific limits the general terms in which the duties of police constables have been expressed. In most cases it is probably more … Continue reading Regina v Waterfield and Lynn: 1963
The water company sued its former engineer. Anticipating the action, documents were prepared for the company’s solicitor’s advice, though one (a shorthand transcript of a conversation between a chimney sweep employed by the company and the company’s current engineer) was not so used. Inspections was sought of the documents. Held: If a party seeks to … Continue reading Southwark and Vauxhall Water Company v Quick: CA 1878
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers. Held: The council’s appeal succeeded. The risk of injury arose, not from any danger due to the … Continue reading Tomlinson v Congleton Borough Council and others: HL 31 Jul 2003
ECJ Failure of a Member State to fulfil its obligations – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Article 5(4) and (5), paragraphs A(1), (2), (4) and (6) of Annex II and paragraph 1(2) and (3) and paragraph 2 of Annex III – Capacity of storage vessels … Continue reading Commission v Netherlands: ECJ 2 Oct 2003
ELECTRONIC COMMUNICATIONS CODE – NEW AGREEMENT OR MODIFICATION – water tower – consideration and compensation – assumption of vacant possession – relative merits of market transactions and Tribunal decisions as comparables – recovery of professional fees incurred before order conferring Code right – paras 24, 34, Schedule 3A, Communications Act 2003 Citations: [2022] UKUT 8 … Continue reading EE Ltd and Another v Affinity Water Ltd (Electronic Communications Code – New Agreement or Modification – Water Tower – Consideration and Compensation): UTLC 17 Jan 2022
The defendant had been accused of storing unlicensed pesticides. He sought to argue that the European Regulations had been implemented in the UK in an unduly restrictive form. He entered a plea of guilty on a ruling that it was not open to him to challenge the regulations. Held: The Regulations, which sought to control … Continue reading Regina v Searby and Another: CACD 7 Jul 2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to impose such a duty. The appellants sought to distinguish X v Bedfordshire in different ways. Held: … Continue reading JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal: CA 31 Jul 2003
PRACTICE AND PROCEDURE – Case management PRACTICE AND PROCEDURE – Disclosure Though this appeal was in form an appeal against a ruling by Employment Judge Crosfill on 13 December 2017, in substance the issue was a question of construction of a case management ruling by Employment Judge Sage on 21 April 2016, following a case … Continue reading Dobson v Pricewaterhousecoopers Llp: EAT 20 Mar 2018
The tenant company had defaulted under the lease, and the landlord had retaken possession. The landlord discarded the tenant’s possessions, and the tenant now sued, saying that the landlords as involuntary bailees owed duties to the proper owner. Held: In the context of commercial goods, the purpose of which is to earn profit, the assessment … Continue reading Robot Arenas Ltd and Another v Waterfield and Another: QBD 8 Feb 2010
The claimant’s stolen painting was put up for sale by the defendant. On being withdrawn, they returned it to the person who had brought it in. The claimant sought damages. Held: There was no reported case in which a court has had to consider the liability of an auctioneer who had simply put goods up … Continue reading Marcq v Christie, Manson and Woods Ltd: CA 23 May 2003
Rylands does not apply to Statutory Works The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture. Held: The rule in Rylands v Fletcher continues to exist as a remedy … Continue reading Transco plc v Stockport Metropolitan Borough Council: HL 19 Nov 2003
A water main belonging to a waterworks company, which had been authorized by Parliament to lay the main, burst. There had been no negligence on the part of the waterworks company. The claimants’ premises were flooded but the waterworks company was held to have no liability. The owner of land is, as an exception to … Continue reading Green v Chelsea Waterworks Co: 1894
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought payment of the cost of the credit agreement. Held: A negligent driver … Continue reading Lagden v O’Connor: HL 4 Dec 2003
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
Powergen sold a property to Edison. Powergen had paid rates under a separate statutory rating regime, and paid an additional thirteen million pounds under an apportionment. Edison later complained that in being rated itself, the authorities had collected rates twice for the same property. It challenged the legality of the order under which the rates … Continue reading Regina v Central Valuation Officer and another ex parte Edison First Power Limited: HL 10 Apr 2003
More Night Flights No Infringement of Family Life The claimants complained that the respondent had acted to infringe their rights. They were residents living locally to Heathrow Airport. They claimed the respondent had increased the number of night flights, causing increased noise, but without allowing them an opportunity to challenge the increase. Held: The claimants … Continue reading Hatton and Others v The United Kingdom: ECHR 8 Jul 2003
The court was asked ‘Where a claimant has picked up one or more costs orders in its favour on the way to a trial, but fails very badly at the trial (for example due to exaggeration), can the costs judge assess those costs at nil on the footing that they were not, as it turned … Continue reading Business Environment Bow Lane Ltd v Deanwater Estates Ltd: ChD 31 Jul 2009
The claimant’s house was regularly flooded by waters including also foul sewage from the respondent’s neighbouring premises. He sought damages and an injunction. The defendants sought to restrict the claimant to his statutory rights. Held: The damages were restricted to the statutory ones. The defendant was regulated under the 1991 Act by the Director-General, who … Continue reading Marcic v Thames Water Utilities Limited: HL 4 Dec 2003
The Action Group had obtained a declaration that, where an overpayment of benefits had arisen due to a miscalculation by the officers of the Department, any process of recovering the overpayment must be by the Act, and that the Department could not use the law of unjust enrichment. The Department Appealed. Held: The appeal failed. … Continue reading The Child Poverty Action Group v Secretary of State for Work and Pensions: SC 8 Dec 2010
Qualifying Property Rental – Stamp Duty Relief SDLT – higher threshold interest 15% rate – relief for a qualifying property rental business – intention that a non-qualifying individual be permitted to occupy a dwelling on the land (paragraph 5(2), Schedule 4A, FA 2003) – whether a non-qualifying individual was permitted to occupy the dwelling during … Continue reading Waterside Escapes Ltd v Revenue and Customs: FTTTx 13 Oct 2020
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
The plaintiffs sought damages and an injunction after the defendant company allowed chlorinated chemicals into the plaintiff’s borehole which made unfit the water the plaintiff itself supplied. Held: The appeal was allowed. Liability under Rylands for escape of materials from land is dependant upon proof of the foreseeability of damage of the relevant type. Here, … Continue reading Cambridge Water Company v Eastern Counties Leather Plc: HL 9 Dec 1993
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003
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
The claimant had decided to go for a midnight swim, but was injured diving and hitting a submerged bed. The landowner appealed a finding that it was 25% liable. The claimant asserted that the defendant knew that swimmers were common. Held: The Act imposed liability if four conditions were met: the premises were dangerous, the … Continue reading Donoghue v Folkestone Properties Limited: CA 27 Feb 2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now private. She appealed an order declaring the continued public rights. Held: The applicant … Continue reading Rowland v The Environment Agency: CA 19 Dec 2003
The claimants complained of odours and mosquitoes affecting their properties from the activities of the defendants in the conduct of their adjoining Sewage Treatment plant. The issue was as to the rights of non title holders to damages in nuisance and related causes. Held: Damages in nuisance are for injury to the property and not … Continue reading Dobson and others v Thames Water Utilities Ltd and Another: CA 29 Jan 2009
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
(New Zealand) Solicitors resisted requests to disclose papers in breach of legal professional privilege from their professional body investigating allegations of professional misconduct against them.
Held: The appeal was allowed. The . .
When an accused person is committed under the first paragraph of section 10 and surrendered to a foreign government he is surrendered for trial. Before that course is taken the magistrate has to be satisfied that a prima facie case is made out. When . .
The principle for valuation of properties for rating was to estimate ‘the rent at which the hereditaments might reasonably be expected to let from year to year’. But in applying that principle, so simple in appearance, to certain classes of . .
(Judgment) Article 6 (1) of the Directive was designed to establish the point in time at which the excise duty becomes actually chargeable, but not to determine the person from whom the duty should be claimed. Any production, processing, holding or . .
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
The claimant’s land was subject to a compulsory purchase order to make land available for a scheme to make possible a much larger and more valuable scheme. He asserted that the compensation should be calculated in accordance with the value of the . .
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The claimant sought to challenge the way the defendant had reached its decision to add flouride to the water supply, in having failed to comply with the requirements for consultation. Held: The claim failed. The Regulations as enacted differed from the draft, and did not require the Authroitys to act only on approval by a … Continue reading Milner, Regina (on The Application of) v South Central Strategic Health Authority: Admn 11 Feb 2011
He whose dirt it is must keep it that it may not trespass. The defendant was liable where he failed to maintain the partition wall in his privy so that the filth ran into the plaintiff’s cellar. Citations: (1704) 2 Ld Raym 1089, [1704] Holt KB 500, [1704] 2 Ld Raym 1089, [1704] 6 Mod … Continue reading Tenant v Goldwin: 1704
Non-property assets do not pass on bankruptcy An action was brought on a contract for hiring and service, where the plaintiff was to serve for seven years, and the defendant to pay weekly wages during that time; and the breach was a dismissal during the seven years. The plaintiff, after this breach, and before the … Continue reading Beckham v Drake: HL 11 Jul 1849
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant information required by the prescribed form except. The difference was in the absence of a statement … Continue reading Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department: CA 21 May 1999
Damage done by rats is not normally an act of God. Citations: (1750) 1 Wils 281 Jurisdiction: England and Wales Cited by: Cited – Transco plc v Stockport Metropolitan Borough Council HL 19-Nov-2003 Rylands does not apply to Statutory Works The claimant laid a large gas main through an embankment. A large water supply pipe … Continue reading Dale v Hall: 1750
Res judicata (more properly estoppel per rem judicatam) is a form of estoppel which gives effect to the policy of the law that the parties to a judicial decision should not afterwards be allowed to re-litigate the same question, even though the decision may be wrong. If it is wrong, it must be challenged by … Continue reading Crown Estates Commissioners v Dorset County Council: 1990
The plaintiff brought an action for nuisance against the local authority for having discharged insufficiently treated effluent into the river Derwent. Held: The plaintiffs: ‘have a perfectly good cause of action for nuisance, if they can show that the defendants created or continued the cause of the trouble; and it must be remembered that a … Continue reading Pride of Derby and Derbyshire Angling Association Ltd v British Celanese Ltd: CA 1953
The court discussed the meaning of the word ‘fishing’. Citations: [1979] 1 WLR 629 Jurisdiction: England and Wales Cited by: Cited – South Wales Sea Fisheries Committee v Saunders Admn 27-Nov-2003 The defendant trawlerman was seen with his nets in the water within the six mile limit, and he faced a prosecution. He replied that … Continue reading Alexander v Tonkin: 1979
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
The defendant had submitted after the close of the claimant’s case that it had no case to answer. The judge did not put the defendant to its election as to whether to call evidence, but instead decided to accede to the submission. The claimant now appealed that order, the defendant denied that an appeal lay. … Continue reading Neina Graham v Chorley Borough Council: CA 21 Feb 2006
A registered shareholder who is absolute beneficial owner can vote as he pleases, subject only to rather imprecise constraints imposed by company law. It is essential to the exception to the rule in Foss v Harbottle that the alleged wrongdoing is incapable of lawful ratification. Citations: [1988] Ch 114, [1987] 3 All ER 909, (1987) … Continue reading Smith v Croft (No 2): 1987
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances in the appearance of the sides of playing cards, and the manipulation of … Continue reading Ivey v Genting Casinos (UK) Ltd (T/A Crockfords): SC 25 Oct 2017
The public right of navigation (PRN) is a right to public use of the river. The river may be used by the public for purposes of exercise and recreation as well as transport and commerce. At common law PRN cannot be lost by lack of use over time. ‘A public right of way on highways … Continue reading Wills Trustees v Cairngorm Canoeing and Sailing School: HL 1976
Mr Robinson’s houses were damaged by water overflowing from the council’s public sewers. The sewers were adequate until new houses were built. He claimed damages in respect of the council’s failure to build a new sewer of sufficient dimensions to carry off the increased volume of sewage. Held: The court dismissed his claim. The 1875 … Continue reading Robinson v Workington Corporation: CA 1897
The court rejected a claim for nuisance where a claim was available under the 1875 Act. Judges: Scrutton LJ Citations: [1924] 1 KB 260 Statutes: Public Health Act 1875 Jurisdiction: England and Wales Cited by: Cited – Marcic v Thames Water Utilities Limited HL 4-Dec-2003 The claimant’s house was regularly flooded by waters including also … Continue reading Hesketh v Birmingham Corporation: 1924
The claimant had made a large personal injury claim (pounds 617,000) but was forced to reduce it to all but nothing when video evidence was provided shortly before trial. She accepted a payment in of pounds 2,500 and other benefits worth just over pounds 20,000. The defendants agreed to pay her costs on the standard … Continue reading Booth v Britannia Hotels Ltd: CA 26 Mar 2002
