Request for judicial review of refusal of leave to remain as a student.
Geraldine Andrews QC HHJ
[2011] EWHC 195 (Admin)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.429666 br>
Request for judicial review of refusal of leave to remain as a student.
Geraldine Andrews QC HHJ
[2011] EWHC 195 (Admin)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.429666 br>
Dismissed : Environmental Information Regulations 2004
[2016] UKFTT 2015 – 0236 (GRC)
Bailii
Updated: 17 October 2021; Ref: scu.563328 br>
The claimant an asylum seeker sought damages for false imprisonment when, escaping slavery in England and applying for asylum she had been held in a detention centre.
[2011] EWHC 1792 (Admin)
Bailii
Immigration Act 1971
England and Wales
Updated: 17 October 2021; Ref: scu.441874 br>
21773/02, [2008] ECHR 1157
Bailii
European Convention on Human Rights
Human Rights
Updated: 17 October 2021; Ref: scu.277469 br>
Assessments – whether fair inferences – yes – whether displaced by appellant – in part – penalties – whether correctly raised – yes – appeal upheld in part
[2021] UKFTT 87 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.663662 br>
Sheriff D.J. Cusine
[2006] ScotSC 58
Bailii
Scotland
Updated: 17 October 2021; Ref: scu.253024 br>
[2021] NIFam 15
Bailii
Northern Ireland
Updated: 17 October 2021; Ref: scu.667773 br>
Whether HMRC exercised discretion available to consider a document other than a valid invoice in assessing a claim to input tax deduction – NO, whether satisfactory documentation of export of goods from Community as required by Regulation 29(2) VAT Regulations 1995 and Public Notice 703 to claim zero rate – Yes. Appeal allowed.
[2021] UKFTT 200 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.663749 br>
Blake J endorsed a six step approach which a public authority will need to address in relation to its duty to make adjustments to avoid indirectly discriminating: ‘1. Did the [public authority] have a practice policy or procedure?
2. Did that practice policy or procedure make it impossible or unreasonably difficult for disabled persons to receive any benefit that is, or may be, conferred by the [public authority]?
3. If so, is it under a duty to take such steps as is reasonable in all the circumstances of the case for it to change that practice policy and procedure so it no longer has that effect?
4. Has the [public authority] failed to comply with its duty to take such steps?
5. If so, is the effect of that failure such as to make it unreasonably difficult for [the disabled person] to access such benefit?
6. If so, can the [public authority] show that its failure to comply is justified.?’
Blake J
[2009] EWHC 2356 (Admin), [2010] RTR 5
Bailii
Disability Discrimination Act 1995 49A
England and Wales
Cited by:
Cited – Gill, Regina (on The Application of) v Secretary of State for Justice Admn 26-Feb-2010
Failure to provide programme discriminated
The claimant prisoner who had a learning disability said that he had been unable to complete the offending behaviour programmes because of his disability, that he had been kept in prison for much longer than he should have been as a consequence, and . .
Cited – The Law Society of England and Wales, Regina (on The Application of) v The Lord Chancellor Admn 15-Jun-2010
Costs restriction not made under Act
The respondent had introduced rules which restricted the levels of costs which might be awarded from central funds to a successful defendant in a criminal trial who had take private representation. The amendment was made under powers in the 1985 . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.375607 br>
VALUE ADDED TAX – decision on one issue in the appeals (interest) – amounts paid by HMRC to appellants as bad debt relief under section 36 Value Added Tax Act 1994 – whether interest should be paid on such amounts by HMRC from date of entitlement (rather than date of claim) – section 78 Value Added Tax Act 1994 – error on the part of HMRC – invalid statutory condition was not an error by HMRC – statements in HMRC Notices were errors by HMRC – Found: statements in Notices were not the cause of outcomes required in s78(1) – s78 not satisfied – EU law principles considered – appeal dismissed
[2021] UKFTT 307 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.667933 br>
ECHR Judgment (Merits and Just Satisfaction).
77986/01
Human Rights
Updated: 17 October 2021; Ref: scu.234841 br>
Application for permission to appeal out of time by Appellant following the Respondent’s permission to appeal application being granted in full – Court of Appeal judgment in HMRC v SSE Generation Limited [2021] EWCA Civ 105 considered – Application granted
[2021] UKFTT 321 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.667930 br>
reasonable excuse appeal
[2004] UKVAT V18759
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.213724 br>
[2021] NIFam 31
Bailii
Northern Ireland
Updated: 17 October 2021; Ref: scu.667781 br>
[2006] UKVAT V19866
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.246208 br>
[2004] EWHC 2907 (Admin)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.226920 br>
Action for breach of warranty in company share capital sale contract.
Mr Justice Kerr
[2021] EWHC 2531 (TCC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.668320 br>
[1948] 1 KB 601
England and Wales
Cited by:
Cited – Plevin v Paragon Personal Finance Ltd SC 29-Mar-2017
The court had ordered the respondent to pay the claimant’s costs. These were high because the solicitors had acted under a conditional fee agreement, and disproportionate to the funds at issue. The respondents challenged assignments of the original . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.668241 br>
[2007] ScotHC HCJAC – 28
Bailii
Scotland
Updated: 17 October 2021; Ref: scu.258354 br>
[2020] ScotHC HCJAC – 16
Bailii
Scotland
Updated: 17 October 2021; Ref: scu.667885 br>
The applicant challenged the withdrawal of bail on surrender to the Crown Court.
Held: Applying the case of Thompson, ‘bearing in mind the presumption in favour of granting bail and the high threshold that a defendant should only be remanded in custody if it was ‘necessary’.’ The defendant had been on bail for four months, and had surrendered when required to do so, and no good reason had been put forward by the judge nor by the Crown Prosecution Service to establish one of the statutory grounds as to why bail should be refused. The decision was quashed.
Silber J
[2008] EWHC 3273 (Admin)
Bailii
Bail Act 1976
England and Wales
Citing:
Cited – Regina (on application of Thompson) v Central Criminal Court Admn 6-Oct-2005
Collin J considered the relation between the withholding of bail and human rights law saying: ‘The approach under the Bail Act is entirely consistent with the approach of the European Court as regarded proper under Article 5, namely there must be a . .
Cited – M v Isleworth Crown Court and Another Admn 2-Mar-2005
The court considered an appeal by way of judicial review of a refusal of bail.
Held: There was jurisdiction to consider a claim that bail had been refused in circumstances which showed that that refusal was erroneous in law, but that it was . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.375537 br>
Length of delay is serious and significant – no good reason for delay – in all the circumstances, extension of time not justified – application refused
[2021] UKFTT 146 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.663740 br>
[2021] NIFam 23
Bailii
Northern Ireland
Updated: 17 October 2021; Ref: scu.667777 br>
Challenge to age assessment
Mr Justice Nicol
[2020] EWHC 3531 (Admin)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.657344 br>
[2021] NIFam 18
Bailii
Northern Ireland
Updated: 17 October 2021; Ref: scu.667776 br>
Reference for a preliminary ruling – Common agricultural policy – European Agricultural Fund for Rural Development (EAFRD) funding – National Rural Development Programme 2014-2020 – Regulation (EU) No 1305/2013 – Article 19(1)(a) – Business start-up aid for young farmers – Aid for the development of small farms – Cumulation of aid – Possibility to refuse the cumulation
[2021] EUECJ C-119/20, ECLI:EU:C:2021:817
Bailii
European
Citing:
Opinion – Lauku Atbalsta Dienests (Aides Au Demarrage D’Entreprises Agricoles) (Common Agricultural Policy – Business Start-Up Aid for Young Farmers – Aid for The Development of Small Farms) ECJ 3-Jun-2021
Common agricultural policy (CAP) – Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Article 19(1)(a) – Business start-up aid – Aid for the development of small farms – Aid . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.668608 br>
Reference for a preliminary ruling – Directive 2004/38/EC – Person no longer working in a self-employed capacity – Retention of the status of self-employed person – Right of residence – Legislation of a Member State restricting eligibility for a jobseeker’s allowance to persons who have a right of residence on the territory of that Member State
[2017] EUECJ C-442/16, ECLI:EU:C:2017:1004, [2018] PTSR 1699, [2018] WLR(D) 10
Bailii, WLRD
European
Citing:
Opinion – Gusa v Minister for Social Protection (Special Non-Contributory Cash Benefits – Jobseekera?S Allowance : Opinion) ECJ 26-Jul-2017
Opinion – reference for a preliminary ruling – Regulation (EC) No 883/2004 – Special non-contributory cash benefits – Jobseeker’s allowance – Directive 2004/38/EC – Article 7(3)(b) – EU citizen who has lived and worked as a self-employed person in a . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.668602 br>
Balance of public interest and taxpayers’ interests, Application dismissed.
[2021] UKFTT 150 (TC)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.663723 br>
AG’s reference of sentence as lenient
[2021] EWCA Crim 223
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.659654 br>
PENALTY – No appearance by or on behalf of Appellant – Appeal heard under rule 26(2) of VAT Tribunal Rules 1986 – Appellant deregistered for VAT when trading above registration limit – Appellant’s main client VAT exempt not valid reason for appellant not to charge VAT – Appeal dismissed
[2004] UKVAT V18811
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.219798 br>
[2009] EWHC 3589 (Admin)
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.401953 br>
[2021] NIFam 1
Bailii
Northern Ireland
Updated: 17 October 2021; Ref: scu.667760 br>
Reference for a preliminary ruling – Judicial cooperation in civil matters – Lugano II Convention – Jurisdiction, recognition and enforcement in civil and commercial matters – Jurisdiction over consumer contracts – Consumer who transfers his domicile, after the contract has been concluded, to another State bound by the Convention – Pursuit of commercial or professional activities in the State bound by the Convention and in which the consumer is domiciled)
[2021] EUECJ C-296/20_O, ECLI:EU:C:2021:733
Bailii
European
Updated: 17 October 2021; Ref: scu.668605 br>
VAT – ZERO-RATING – sale of hot ‘paninis’ – whether supplies in the course of catering – whether ‘paninis’ heated for the purposes of enabling them to be consumed off the premises – no – ‘paninis’ found to have been grilled in-shop for the purpose of completing baking process commenced elsewhere – supplies held to be zero-rated – appeal allowed
[2006] UKVAT V19902
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.247552 br>
(Judgment) Appeal – Civil service – Staff of the European Central Bank (ECB) – Remuneration – Competition – Equal treatment between internal and external candidates – Classification in step
C-272/20, [2021] EUECJ C-272/20P, ECLI:EU:C:2021
Bailii
European
Updated: 17 October 2021; Ref: scu.668573 br>
The claimant, acting in person at the time, brought a claim that she had been dismissed because of ill health absence that resulted from her disability and could have been avoided by transferring her to an alternative role. The claimant was represented at a preliminary hearing for case management and the final hearing. The parties agreed a list of issues that was convoluted and, in some respects, simply did not work. The claim was dismissed.
The claimant’s appeal was permitted to proceed, limited to the contention that she should have been transferred to a specific alternative role. The tribunal could not properly be criticised for determining the case on the basis of the agreed list of issues. In any event, the tribunal had made factual findings that the role was not suitable for the claimant. Even if the issues had been better set out, the contentions that transferring her to the alternative role would have been a reasonable adjustment, and that the failure to do so prevented her dismissal being justified, would not have been made out.
[2021] UKEAT 2019-000962
Bailii
England and Wales
Updated: 17 October 2021; Ref: scu.667959 br>
Section 27A, Section 20ZA, Schedule 11
[2015] UKFTT RP – CHI – 45UH –
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.626303 br>
Missing Landlord – London : Lease Extension
[2015] UKFTT RP – LON – 00BJ –
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.626271 br>
Service Charge
[2014] UKFTT RP – CAM – 22UC –
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.629979 br>
Whether offshore diver was employee or self employed.
Lewison, Henderson, Baker LJJ
[2018] EWCA Civ 2544, [2019] 1 All ER 717, [2018] STI 2350, [2018] STC 2401, 21 ITL Rep 388
Bailii
Double Taxation Relief (Taxes on Income) (South Africa) Order 2002, Income Tax (Trading and Other Income) Act 2005 15
England and Wales
Citing:
At FTTTx – Fowler v Revenue and Customs (Income Tax/Corporation Tax : Double Taxation) FTTTx 12-Apr-2016
INCOME TAX – preliminary issue – section 15 ITTOIA 2005 – performance of duties of employed diver in UK waters treated as the carrying on of a trade in the UK – appellant resident in South Africa – whether income taxable as employment income under . .
Appeal from – Revenue and Customs v Fowler (Income Tax) UTTC 30-May-2017
INCOME TAX – preliminary issue – section 15 ITTOIA 2005 – performance of duties of employed diver in UK waters treated as the carrying on of a trade in the UK – respondent resident in South Africa – whether income taxable as employment income under . .
Cited by:
Appeal from CA – Fowler v Revenue and Customs SC 20-May-2020
The taxpayer, a diver resident in South Africa had undertaken engagements within UK waters and now disputed his liability to Income Tax using a deeming provision in section 5 of the 2005 Act being self employed.
Held: HMRC’s appeal succeeded. . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.630706 br>
Dismissed
[2018] UKFTT 2017 – 0158 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales
Updated: 16 October 2021; Ref: scu.621459 br>
Dismissed
[2018] UKFTT 2017 – 0264 (GRC)
Bailii
Data Protection Act 1998
England and Wales
Updated: 16 October 2021; Ref: scu.621463 br>
Allowed
[2018] UKFTT 2017 – 0268 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales
Updated: 16 October 2021; Ref: scu.621461 br>
Part Allowed
[2018] UKFTT 2017 – 0188 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales
Updated: 16 October 2021; Ref: scu.621452 br>
Dismissed
[2018] UKFTT 2018 – 0040 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales
Updated: 16 October 2021; Ref: scu.621462 br>
Dismissed
[2018] UKFTT 2017 – 0267 (GRC)
Bailii
Freedom of Information Act 2000
England and Wales
Updated: 16 October 2021; Ref: scu.621457 br>
[2017] UKAITUR IA303812015
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.599122 br>
[2017] UKAITUR IA181192015
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.594134 br>
[2003] UKAITUR HR574122002
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.476971 br>
[2003] UKAITUR CC136032003
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.476904 br>
Appeal by way of case stated against a decision of the Justices as to whether the evidence of the refusal by a driver suspected of drink-driving to take a breath test at the police station is inadmissible, because the suspect has requested to speak to a solicitor, and that request was not granted before the test was administered.
[2009] EWHC 2165 (Admin)
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.373970 br>
Appeal from refusal of summary judgment on claim under guarantee.
[2012] NIQB 47
Bailii
Northern Ireland
Updated: 16 October 2021; Ref: scu.465491 br>
Nourse J said: ‘When considering the extent to which a deeming provision should be applied, the court is entitled and bound to ascertain for what purposes and between what persons the statutory fiction is to be resorted to. It will not always be clear what those purposes are. If the application of the provision would lead to an unjust, anomalous or absurd result then, unless its application would clearly be within the purposes of the fiction, it should not be applied. If, on the other hand, its application would not lead to any such result then, unless that would clearly be outside the purposes of the fiction, it should be applied.’
Nourse J
[1981] 1 WLR 637
England and Wales
Cited by:
Cited – Revenue and Customs v DCC Holdings (UK) Ltd SC 15-Dec-2010
The taxpayer had entered into a ‘repo’ loan to its bank, agreeing to purchase a block of gilt edged securities, and to resell them at a later date at a fixed figure. The profit and figures included an allowance for the interest payments to be made. . .
Cited – Fowler v Revenue and Customs SC 20-May-2020
The taxpayer, a diver resident in South Africa had undertaken engagements within UK waters and now disputed his liability to Income Tax using a deeming provision in section 5 of the 2005 Act being self employed.
Held: HMRC’s appeal succeeded. . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.428304 br>
The company had entered into an agreement to purchase gilts, and at the same time to resell them at a future date for a fixed sum. In effect they provided a loan against the gilts. It sought to offset the profit against its trading losses.
Held: (Rimer LJ dissenting) The Revenue’s appeal succeeded.
Rix, Moses, Rimer LLJ
[2009] EWCA Civ 1165, [2010] STC 80, [2009] BTC 724, [2009] STI 2933
Bailii
Finance Act 1996 84(1), Income and Corporation Taxes Act 1988 730A 737A
England and Wales
Citing:
At Special Commissioners – DCC Holdings (UK) Ltd v Revenue and Customs SCIT 8-May-2007
Gilt repo – purchase and resale of gilts – interest paid to interim holder not required to be paid to original holder but recognised in repurchase price – application of paragraph 15 Schedule 9 FA 96 – related transaction – effect of section 737A to . .
Appeal from – DCC Holdings (UK) Ltd v HM Revenue and Customs ChD 17-Oct-2008
The court considered the taxation of ‘repo’ transactions. The revenue had charged to tax, an element of interest paid on a block og gilts purchased by the taxpayer company under a resale agreement at a price which allowed for the interest payments . .
Cited by:
Appeal from – Revenue and Customs v DCC Holdings (UK) Ltd SC 15-Dec-2010
The taxpayer had entered into a ‘repo’ loan to its bank, agreeing to purchase a block of gilt edged securities, and to resell them at a later date at a fixed figure. The profit and figures included an allowance for the interest payments to be made. . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.377828 br>
A purchaser of short-dated gilts pregnant with interest would not be to escape liability to tax on the whole of the interest payment, even if he had paid an extra sum expressed to be for the accrued interest.
[1980] STC 650
England and Wales
Cited by:
Cited – Revenue and Customs v DCC Holdings (UK) Ltd SC 15-Dec-2010
The taxpayer had entered into a ‘repo’ loan to its bank, agreeing to purchase a block of gilt edged securities, and to resell them at a later date at a fixed figure. The profit and figures included an allowance for the interest payments to be made. . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.428303 br>
[1685] EngR 1941, (1685) 2 Keb 451, (1685) 84 ER 283 (D)
Commonlii
England and Wales
Updated: 16 October 2021; Ref: scu.398716 br>
[2009] EWHC 2161 (Admin)
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.374375 br>
The Revenue was unable to charge to income tax a holder of gilts who, by a well-timed sale just before payment of a half-yearly instalment of interest, in effect turned his accrued income into a capital gain. Rowlatt J said that: ‘The result is that nobody on the super tax level, who has not more money than appreciation of income tax law, will ever buy a security that is full of dividend, because in doing so he is buying super tax; and that a man on the super tax level, if he wants to sell a security, had better sell when it is full of dividend, because then he is selling super tax.’
Rowlatt J
[1926] 1 KB 131
Cited by:
Cited – Revenue and Customs v DCC Holdings (UK) Ltd SC 15-Dec-2010
The taxpayer had entered into a ‘repo’ loan to its bank, agreeing to purchase a block of gilt edged securities, and to resell them at a later date at a fixed figure. The profit and figures included an allowance for the interest payments to be made. . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.428302 br>
[2009] EWHC 1842 (Admin), [2009] IRLR 1007, [2009] ACD 70
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.372682 br>
[1653] EngR 436, (1653) Cro Eliz 289, (1653) 78 ER 543 (A)
Commonlii
England and Wales
Updated: 16 October 2021; Ref: scu.412743 br>
The claimant sought damages from the defendant company after her son was taken captive and assumed to have been killed by rebels in Angola while working for the defendant.
[2007] EWCA Civ 994
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.276333 br>
W’s renewed application for permission to appeal against orders for ancillary relief made in favour of her husband
[2008] EWCA Civ 399
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.278238 br>
The court considered whether a stateless Palestinian, a former habitual resident of the West Bank, who is likely to be refused re-entry by the Israelis, has a well founded fear of persecution for a Convention reason.
Rix LJ, Scott Baker LJ, Jacob LJ
[2008] EWCA Civ 1149, [2009] Imm AR 3
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.277109 br>
Appeal from sentence of two years imprisonment – false allegation of rape.
Lord Judge LCJ
[2008] EWCA Crim 2301, [2009] 1 Cr App Rep (S) 106
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.343046 br>
Longmore LJ
[2008] EWCA Civ 1017
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.276767 br>
Lord Justice Moses
[2009] EWCA Civ 401, [2009] BTC 206, [2009] STI 1692, [2009] STC 1397
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.346186 br>
[1958] ScotCS CSOH – 5, 1958 SLT 12, 1958 SC 105
Bailii
Scotland
Citing:
Cited – Baxter v Baxter PC 1947
The House considered whether a wife who insisted that her husband always used a condom was thereby guilty of a wilful refusal to consummate the marriage within the meaning of section 7(1)(a).
Held: She was not, for a marriage may be . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.279450 br>
The local authority sought a declaration as to the capacity of a young woman to make decisions as to where she should live and whether she should have sexual relations.
[2008] EWHC 636 (Fam)
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.266402 br>
The testator bequeathed several legacies, and, among others, to SW, 14,000 pounds and to the latter gentleman’s family 6000 pounds. SW. had six children, all living at the date of the testamentary instrument, and at the death of the testator, and no other issue. Held, that such six children were, as joint tenants, exclusively entitled to the legacy of 6000 pounds.
[1843] EngR 1210, (1843) 3 Hare 65, (1843) 67 ER 298
Commonlii
England and Wales
Updated: 16 October 2021; Ref: scu.306904 br>
[1866] EngR 114, (1866) 35 Beav 587, (1866) 55 ER 1024
Commonlii
England and Wales
Updated: 16 October 2021; Ref: scu.280825 br>
The joint owners of plantations in Java, which they worked in the co-partnership, kept an account with certain merchants and agents at Bombay, to whom they became largely indebted in respect of money advanced and paid for the use.
Held: The account was not a mercantile account within the meaning of the exception in the statute of limitations.
A plea of the statute of limitations is not double.
Averments in a plea of the statute of limitation negativing facts that would defeat the plea, but which are not stated in the bill, are surplusage, but do not vitiate the plea.
A plea of the statute of limitations need not negative the usual general allegation that the defendant has, in his custody, documents relating to the matters contained in the bill.
[1837] EngR 510, (1837) 8 Sim 335, (1837) 59 ER 133
Commonlii
England and Wales
Updated: 16 October 2021; Ref: scu.313627 br>
Where a surplus to be distributed is an uncertain sum, the Master ought to report the shares in aliquot parts, not in money. The only way of administering a charity is under general direction to trustees; in case of misbehaviour there must be a new information, but the court will not keep the information and execute under it from time to time.
Lord Thurlow LC
[1791] EngR 1334, (1791) 1 Ves Jun 295, (1791) 30 ER 351 (B)
Commonlii
England and Wales
Cited by:
Cited – Lehtimaki and Others v Cooper SC 29-Jul-2020
Charitable Company- Directors’ Status and Duties
A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.362849 br>
Lord Justice Longmore
[2009] EWCA Civ 83
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.301646 br>
Age assessment
[2009] EWHC 1993 (Admin)
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.372678 br>
Six employees asked for an interim injunction to prevent their employers terminating their contracts of employment in the context of an industrial dispute. Their union had been threatening to take industrial action. The plaintiffs asserted that they should be regarded as individuals, separate from their union but the respondents asserted that the facts and circumstances showed that, in threatening to take industrial action, the union was acting as their agent. The issue for the court was whether or not interim injunction should be granted not whether or not the union was acting as agent of the plaintiffs.
Held:
Stephenson LJ said: ‘The argument that this second master of the men is also in some respects their agent will need evidence to support it’
Geoffrey Lane LJ said: ‘It is not possible, for instance, to say how far, if at all, the union may have been acting as agent for individual members, in dealing with the employers.’
Stephenson LJ, Geoffrey Lane LJ
[1975] IRLR 90
England and Wales
Cited by:
Cited – The Highland Council v TGWU and Unison EAT 3-Jun-2008
EAT EQUAL PAY ACT: Equal value
Equal Pay claims. Whether letters sent to local authority employers by unions prior to coming into force of the statutory grievance procedures met the requirements of regulation . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.276941 br>
The court considered the taxation of ‘repo’ transactions. The revenue had charged to tax, an element of interest paid on a block og gilts purchased by the taxpayer company under a resale agreement at a price which allowed for the interest payments to be made.
Held: The revenue’s appeal succeeded.
Norris J
[2008] EWHC 2429 (Ch), [2009] STC 77, [2008] STI 2319, [2008] BTC 755
Bailii
Income and Corporation Taxes Act 1988 730A, Finance Act 1996 84(1)
England and Wales
Citing:
Appeal from – DCC Holdings (UK) Ltd v Revenue and Customs SCIT 8-May-2007
Gilt repo – purchase and resale of gilts – interest paid to interim holder not required to be paid to original holder but recognised in repurchase price – application of paragraph 15 Schedule 9 FA 96 – related transaction – effect of section 737A to . .
Cited by:
Appeal from – Revenue and Customs v DCC Holdings (UK) Ltd CA 10-Nov-2009
The company had entered into an agreement to purchase gilts, and at the same time to resell them at a future date for a fixed sum. In effect they provided a loan against the gilts. It sought to offset the profit against its trading losses.
In Chancery – Revenue and Customs v DCC Holdings (UK) Ltd SC 15-Dec-2010
The taxpayer had entered into a ‘repo’ loan to its bank, agreeing to purchase a block of gilt edged securities, and to resell them at a later date at a fixed figure. The profit and figures included an allowance for the interest payments to be made. . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.277023 br>
[1846] EngR 629 (A), (1846) 5 Hare 257
Commonlii
England and Wales
Updated: 16 October 2021; Ref: scu.302524 br>
The court considered what damages might be paid for inconvenience and distress.
Purchas LJ, Staughton LJ, Waller LJ
[1988] EWCA Civ 8, [1990] 2 All ER 815
Bailii
England and Wales
Cited by:
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Cited – Watts and Co v Morrow CA 30-Jul-1991
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his . .
Cited – Watts and Co v Morrow CA 30-Jul-1991
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his . .
Cited – Downs and Another v Chappell and Another CA 3-Apr-1996
The plaintiffs had suceeded in variously establishing claims in deceit and negligence, but now appealed against the finding that no damages had flowed from the wrongs. They had been sold a business on the basis of incorrect figures.
Held: . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.252501 br>
Conviction for publishing an obscene libel (abortion manual) overturned.
(1878) 3 QBD 607
England and Wales
Citing:
Appeal from – Bradlaugh v The Queen 1877
Charles Bradlaugh and Mrs Annie Besant were prosecuted for publishing a treatise on contraceptive methods entitled the Fruits of Philosophy which had originally been published in the United States of America in 1832. They were prosecuted for . .
Cited by:
Appealed to – Bradlaugh v The Queen 1877
Charles Bradlaugh and Mrs Annie Besant were prosecuted for publishing a treatise on contraceptive methods entitled the Fruits of Philosophy which had originally been published in the United States of America in 1832. They were prosecuted for . .
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – In Re Besant ChD 18-May-1878
Mrs Besant had been prosecuted for publishing an obscene libel in the form of a book on abortion.
Held: The publication of the book was in itself sufficient grounds for removing Mrs Besant’s seven year old daughter from her mother’s custody. . .
Cited – Sutherland v Stopes HL 1925
Dr Marie Stopes failed in her attempt to reverse the verdict against her in libel proceedings she had brought in relation to a book which criticised what it called her ‘monstrous campaign of birth control’ and opined, looking back to the events of . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.223707 br>
The applicant had claimed asylum on entry and was temporarily admitted. Though his claim for asylum was later refused, those admitted in this way were granted indefinite leave to remain. He had claimed and received benefits at first, but then these were refused under regulations made under the 1999 Act. The regulations had disentitled to benefit those who required leave to remain in the UK but did not have it. The claimant said that at the time he was here with an immigration officer’s written authority.
Held: The claimant’s appeal was allowed. Musisi’s case in Bugdaycay was the correct result, but the reason Musisi failed was because he was not a refugee within the Convention. It could not be argued that something more was required than the immigration officer’s written authority.
Lord Brown of Eaton-under-Heywood said: ‘The term ‘refugee’ in article 32(1) of the Refugee Convention can only mean someone already determined to have satisfied the article 1 definition of that term (as for example in article 23 although in contrast to its meaning in article 33). Were it otherwise there would be no question of removing asylum seekers to safe third countries and a number of international treaties, such as the two Dublin Conventions (for determining the EU state responsible for examining applications lodged in one member state) would be unworkable.’
Lord Bingham of Cornhill, Lord Hutton, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood
[2005] UKHL 64, Times 01-Nov-2005, [2006] 1 AC 564, [2006] 1 All ER 1, [2006] INLR 88, [2005] 3 WLR 955, [2006] Imm AR 48
Bailii, House of Lords
Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000, Immigration Act 1971, Immigration and Asylum Act 1999, Geneva Convention relating to the Status of Refugees (1951)
England and Wales
Citing:
Appeal from – Szoma v Secretary of State for Work and Pensions CA 30-Jul-2003
The applicant, a foreign national had been given temporary admission to the UK. He received income support. But this ceased after his asylum application was rejected, and he remained resident.
Held: The legislation now made specific reference . .
Cited – Murat Kaya v Haringey London Borough Council and Another CA 14-Jun-2001
The grant of temporary admission to the UK pending an decision on his asylum status, did not create a full ‘lawful presence’ in the UK. A person seeking to qualify for housing assistance had to be lawfully present within the UK, and temporary . .
Cited – Regina v Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
Cited – Regina v Secretary of State for the Home Department, Ex parte Singh QBD 8-Jun-1987
The Refugee Convention had ‘indirectly’ been incorporated under English law. The court considered whether a person allowed entry by an immigration officer was lawfully here irrespective of other considerations. As to the case of Musis in the . .
Cited – Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department HL 10-Feb-1983
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal . .
Cited – Regina v Secretary of State for Home Department ex parte Kaya Admn 21-May-1998
. .
Cited – Taikato v Regina 16-Oct-1996
(High Court of Australia) The court was asked whether an individual carrying a formaldehyde spray possessed it ‘for a lawful purpose’.
Held: She did not do so even though it was a purpose not prohibited by law, namely self defence: ”Lawful . .
Cited by:
Cited – Kola and Another v Secretary of State for Work and Pensions HL 28-Nov-2007
The claimant said that the 1987 Regulations were invalid, in making invalid any claim for benefits by an asylum seeker who had not made his application exactly upon entry to the UK.
Held: The appeals were allowed. Section 11 of the 1971 Act is . .
Cited – YA, Regina (On the Application of) v Secretary Of State for Health CA 30-Mar-2009
The applicant was a failed asylum seeker who sought judicial review of a decision of an NHS Trust not to provide him with free care. The court was asked for guidance as to whether a health trust had a discretion to provide free health care to a . .
Applied – Tesfamichael v Secretary of State for the Home Department Admn 19-Dec-2008
The claimant sought judicial review of the decision to return her to Eritea despite a decision of the Asylum and Immigration Tribunal that she should be given leave to remain as a refugee.
Held: The application succeeded, and ordered the . .
Cited – ST Eritrea, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Mar-2012
The Tribunal had confirmed the appellant’s refugee status, but the respondent had ordered nevertheless that she be returned. The judge’s order setting aside that decision had been overturned in the Court of Appeal.
Held: The claimant’s appeal . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.231608 br>
Default Surcharge: late receipt of return; time of posting not established; appeal refused.
[2004] UKVAT V18738
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.213702 br>
The trademark was the name of a spirit-based product called ADVOCAAT. The product had gained a reputation and goodwill for that name in the English market and the defendants were seeking to take advantage of that name by misrepresenting that their wine-based product was of the same type as ADVOCAAT. The court considered the law on comparative advertising as prohibited by the law against passing off in its extended form where the goodwill is alleged to reside in a class of producers of a product sharing a common name or get up.
Held: Whether the name denoted a product made from ingredients from a particular locality or whether the goodwill in the name was the result of the product being made from particular ingredients regardless of their provenance, since it was the reputation that the product itself had gained in the market by reason of its recognisable and distinctive qualities which had generated the relevant goodwill. In The remedy is intended to prevent unfair trading practices.
Lord Fraser formulated the action of passing off as it applied to goods: ‘It is essential for the Plaintiff in a passing off action to show at least the following facts:
(1) That his business consists of, or includes, selling in England a class of goods to which the particular trade name applies;
(2) That the class of goods is clearly defined, and that in the minds of the public, or a section of the public, in England, the trade name distinguishes that class from other similar goods;
(3) That because of the reputation of the goods, there is a goodwill attached to the name;
(4) That he, the Plaintiff, as a member of the class of those who sell the goods, is the owner of goodwill in England which is of substantial value;
(5) That he has suffered, or is really likely to suffer, substantial damage to his property in the goodwill by reason of the Defendant selling goods which are falsely described by the trade name to which the goodwill is attached.’
Lord Diplock said: ‘in an economic system which has relied on competition to keep down prices and to improve products there may be practical reasons why it should have been the policy of the common law not to run the risk of hampering competition by providing civil remedies to everyone competing in the market who has suffered damage to his business or goodwill in consequence of inaccurate statements of whatever kind that may be made by rival traders about their own wares. The market in which the action for passing off originated was no place for the mealy mouthed; advertisements are not on affidavit; exaggerated claims by a trader about the quality of his wares, assertions that they are better than those of his rivals even though he knows this to be untrue, have been permitted by the common law as venial ‘puffing’ which gives no cause of action to a competitor even though he can show that he has suffered actual damage in his business as a result.’
and ‘Nevertheless the increasing recognition by Parliament of the need for more rigorous standards of commercial honesty is a factor which should not be overlooked by a judge confronted by the choice whether or not to extend by analogy to circumstances in which it has not previously been applied a principle which has been applied in previous cases where the circumstances although different had some features in common with those of the case which he has to decide. Where over a period of years there can be discerned a steady trend in legislation which reflects the view of successive Parliaments as to what the public interest demands in a particular field of law, development of the common law in that part of the same field which has been left to it ought to proceed upon a parallel rather than a diverging course.’
The goodwill of a manufacturer’s business may well be injured by someone else who sells goods which are correctly described as being made by that manufacturer but being of an inferior class or quality are misrepresented as goods of his manufacture of a superior class or quality.
Lord Diplock identified the elements necessary to establish passing off: ‘(1) a misrepresentation; (2) made by a trader in the course of trade; (3) to prospective customers or ultimate consumers of goods or services supplied by him/her; (4) which is calculated to injure the business or goodwill of another trader (in the sense that it is a reasonably foreseeable consequence); and (5) which causes actual damage to a business or good will of the trader bringing the action or will probably do so.’
Lord Diplock, Lord Fraser, Viscount Dilhorne, Lord Salmon and Lord Scarman
1A IPR 666, [1979] FSR 397, [1979] AC 731, [1980] RPC 31, [1979] 3 WLR 68, [1979] 2 All ER 927
England and Wales
Citing:
Cited – Perry v Truefitt CA 8-Dec-1842
The court considered the nature of the tort of passing off. ‘I think that the principle on which both the courts of law and of equity proceed, in granting relief and protection in cases of this sort, is very well understood. A man is not to sell his . .
Cited – Spalding (A G ) and Brothers v A W Gamage Ltd HL 1915
The House considered the requirements for the tort of passing off. The judge has the sole responsibility for deciding whether anybody has been misled. He will hear evidence, but must not surrender his assessment to others.
Lord Parker said: . .
Dicta Approved – Star Industrial Company Limited v Yap Kwee Kor trading as New Star Industrial Company PC 26-Jan-1976
(Singapore) The plaintiff Hong Kong company had manufactured toothbrushes and exported them to Singapore, for re-export to Malaysia and Indonesia, but with some local sales as well. Their characteristic get-up included the words ‘ACE BRAND’ and a . .
Cited by:
Cited – Cadbury-Schweppes Pty Ltd And Others v Pub Squash Co Pty Ltd PC 13-Oct-1980
(New South Wales) The plaintiff had launched and advertised a soft drink. A year later, the defendant launched a similar product using similar names, styles and advertising, but then registered trade marks. The plaintiff sought damages, and for the . .
Cited – British Airways Plc v Ryanair Limited ChD 25-Oct-2000
The claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood.
Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of . .
Cited – British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others CA 23-Jul-1998
Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop . .
Cited – Fletcher Challenge Ltd v Fletcher Challenge Pty Ltd 1982
(Supreme Court of New South Wales) The plaintiff company was formed from three companies well-known in New Zealand. The defendant company were formed anticipating being sold to the plaintiffs at a substantial profit. Defence Counsel told the judge . .
Cited – Chocosuisse, Kraft Jacobs Suchard (Schweiz) Ag, Chocoladefabriken Lindt and Sprungli (Schweiz) Ag v Cadbury Limited PatC 29-Oct-1997
The plaintiffs brought actions in passing off against the defendant company in respect of their chocolate products. They objected to the use of the terms ‘Swiss Chocolate’ applied to chocolates not made in Switzerland.
Held: The claimant had . .
Cited – Chocosuisse, Kraft Jacobs Suchard (Schweiz) Ag, Chocoladefabriken Lindt and Sprungli (Schweiz) Ag v Cadbury Limited PatC 29-Oct-1997
The plaintiffs brought actions in passing off against the defendant company in respect of their chocolate products. They objected to the use of the terms ‘Swiss Chocolate’ applied to chocolates not made in Switzerland.
Held: The claimant had . .
Cited – Anheuser-Busch Inc v Budejovicky Bodvar Narodni Podnik; Budejovicky Bodvar Narodni Podnik v Anheuser-Busch CA 7-Feb-2000
The registration of two trade marks (‘Budweiser’) with the identical names was against the Act since it would appear to encourage the very confusion the Act sought to avoid. Nevertheless, where there was genuine honest concurrent use, that use might . .
Cited – Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
Cited – Starbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.221001 br>
The deceased had after remarriage made a will which excluded from benefit entirely his first wife and children by her. Claims under the 1975 Act were put to one side while the court decided on the validity of the will, but then dismissed. The court now considered a request for permission to appeal the award of costs.
Held: The court had already exercised its discretion on this issue. The costs had totalled nearly andpound;300,000, of which most was spent on preparations for the Inheritance claim. The substantive judgment itself was not being challenged. The judge had erred in his approach and not appreciated the significance of a concession made by the appellants, and incorrectly identified the winners of the action, and the order was adjusted accordingly.
Peter Gibson LJ discussed the issue of the validity of the attestation of the will: Wright v. Sanderson (1884) 9 PD 149 … demonstrates . . the strength of the presumption of due execution when there is an attestation clause and the testator and witnesses sign. In that case the testator had written a holograph codicil to his will and included an attestation clause. He asked two witnesses to ‘sign this paper’ which they did. Their evidence, given 4 to 5 years later, was that they did not see the attestation clause nor did they see the testator sign. One witness said that she did not know what she was signing; the other said that she did not know what she was doing. Although the trial judge, Sir James Hannen P, did not doubt their honesty, he felt that he could not rely on their evidence to rebut the presumption arising from the regularity of the codicil on its face as regards all the formalities of signature and attestation when no suspicion of fraud arose. This court dismissed an appeal to it, the Earl of Selborne LC observing (9 PD at p161), ‘I do not know how many wills, really well executed and duly attested, might not be brought into peril if, upon the sort of evidence which we have here, after a lapse of several years, probate were refused.’
To similar effect was Lord Penzance in Wright v. Rogers (1869) LR 1 PD 678 at p682. In this case the survivor of the attesting witnesses of a will, which was signed by the testator and the witnesses at the foot of an attestation clause, gave evidence a year later that the will was not signed by him in the presence of the testator. Lord Penzance said at p682 that the question was whether the court was able to rely on the witness’s memory. He continued:
‘The Court ought to have in all cases the strongest evidence before it believes that a will, with a perfect attestation clause, and signed by the testator, was not duly executed, otherwise the greatest uncertainty would prevail in the proving of wills. The presumption of law is largely in favour of the due execution of a will, and in that light a perfect attestation clause is a most important element of proof. Where both the witnesses, however, swear that the will was not duly executed, and there is no evidence the other way, there is no footing for the Court to affirm that the will was duly executed.
It is not in dispute that if the witnesses are dead, the presumption of due execution will prevail. Evidence that the witnesses have no recollection of having witnessed the deceased sign will not be enough to rebut the presumption. Positive evidence that the witness did not see the testator sign may not be enough to rebut the presumption unless the court is satisfied that it has ‘the strongest evidence’, in Lord Penzance’s words. The same approach should, in our judgment, be adopted towards evidence that the witness did not intend to attest that he saw the deceased sign when the will contains the signatures of the deceased and the witness and an attestation clause. That is because of the same policy reason, that otherwise the greatest uncertainty would arise in the proving of wills. In general, if a witness has the capacity to understand, he should be taken to have done what the attestation clause and the signatures of the testator and the witness indicated, viz. that the testator has signed in their presence and they have signed in his presence. In the absence of the strongest evidence, the intention of the witness to attest is inferred from the presence of the testator’s signature on the will (particularly where, as in the present case, it is expressly stated that in witness of the will, the testator has signed), the attestation clause and, underneath that clause, the signature of the witness.’
Waller LJ VP, Rix LJ, Moore-Bick LJ
[2006] EWCA Civ 1784
Bailii
Inheritance (Provision for Family and Dependants) Act 1975
England and Wales
Citing:
See Also – Sherrington v Sherrington ChD 13-Jul-2004
The deceased had divorced and remarried. His children challenged the will made after his second marriage.
Held: There was cogent evidence that the will was not properly executed and that the will went against his wishes as expressed to others. . .
See Also – Daliah Dorit Sherrington and others v Sherrington CA 22-Mar-2005
. .
See Also – Sherrington v Sherrington CA 22-Mar-2005
The deceased, a solicitor of long standing, was said to have signed his will without having read it, and had two witnesses sign the document without them knowing what they were attesting. He had remarried, and the will was challenged by his . .
Cited – Cie Noga d’Importation et d’Exportation SA v Australia and New Zealand Banking Group Ltd 2002
Where one party appeals a judgment on its merits, the respondent is then entitled to seek to support it, even without needing further permission, on further grounds. . .
Cited by:
Cited – NG v SG FD 9-Dec-2011
The court considered what to do when it was said that a party to ancillary relief proceedings on divorce had failed to make proper disclosure of his assets. H appealed against an award of a capital sum in such proceedimngs.
Held:
Held: . .
Cited – Ahluwalia v Singh and Others ChD 6-Sep-2011
The claimant challenged the validity of the will, saying that it had not been validly attested, the two witnesses not being present at the same time despite the attestation clause saying they had been.
Held: The challenge succeeded. . .
Cited – Wilson v Lassman ChD 7-Mar-2017
Claim for revocation of grant of probate on grounds that the will was not validly executed. It had been signed but before the witnesses attended.
Held: The will of the deceased was properly executed and attested in compliance with statute and . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.247626 br>
Dr Marie Stopes failed in her attempt to reverse the verdict against her in libel proceedings she had brought in relation to a book which criticised what it called her ‘monstrous campaign of birth control’ and opined, looking back to the events of 1877, that Bradlaugh had been ‘condemned to jail for a less serious crime’ than that which she had allegedly committed. The court discussed the crime of publishing an obscene libel, and explained the decision in Bradlaugh.
Viscount Finlay said: ‘The conviction of Bradlaugh proceeded on the ground that his book describing and recommending methods of birth control was an obscene libel. The obscenity was simply in describing and recommending such methods of control.’ and ‘[T]here remain two sentences of the libel which were relied on as expressions of opinion and libellous. The first was contained in the words ‘the ordinary decent instincts of the poor are against these practices.’ This, it is said, was libellous. The plaintiff’s contention on this point, when analyzed, comes to this, that these words involve the expression of an opinion that there was something reprehensible in these practices which revolted the instincts of the poor. It appears to me that it is impossible to hold that the bounds of fair comment are exceeded by the expression of an opinion honestly held that such practices are revolting to the healthy instincts of human nature. There is an old and widespread aversion to such methods on this ground. This sentiment was voiced by the historian of the Decline and Fall of the Roman Empire when in his fortieth chapter he referred to such practices as ‘detestable precautions.” and ‘The work for the publication of which Bradlaugh was sentenced was, as I have pointed out, confined to the inculcation of methods of birth control. The plaintiff has done what Bradlaugh did, but she has done something more. We were referred in the course of the argument to certain passages in the books published by the plaintiff of such a nature that they were not read aloud. These books have a very large circulation, and for my part I cannot doubt that they are calculated to have a most deplorable effect upon the young of both sexes. It would be absurd to say that the epithet ‘monstrous’ as applied to such a ‘campaign’ passes the bounds of fair criticism, or that it was not fair comment to use language implying that such passages as those to which I have referred aggravate the criminality of the obscene libel.’
Viscount Finlay treated the defence of fair comment as a variety of qualified privilege, saying: ‘The defendant who raises this defence does not take upon himself the burden of showing that the comments are true. If the facts are truly stated with regard to a matter of public interest, the defendant will succeed in his defence to an action of libel if the jury are satisfied that the comments are fairly and honestly made. To raise this defence there must, of course, be a basis of fact on which the comment is made.’
At common law, in a civil action, ‘a justification need not be to the whole, but may be to a part. If a man says that a certain neighbour of his was guilty of manslaughter and was also a thief, it is perfectly open to take a plea in justification of either charge only’
Viscount Finlay, Viscount Cave LC, Lord Shaw of Dunfermline, Lord Wrenbury (dissenting), Lord Carson
[1925] AC 47, [1924] All ER 19
Scotland
Citing:
Cited – Bradlaugh v The Queen 1877
Charles Bradlaugh and Mrs Annie Besant were prosecuted for publishing a treatise on contraceptive methods entitled the Fruits of Philosophy which had originally been published in the United States of America in 1832. They were prosecuted for . .
Cited – Bradlaugh v The Queen CA 1878
Conviction for publishing an obscene libel (abortion manual) overturned. . .
Cited by:
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – Spiller and Another v Joseph and Others SC 1-Dec-2010
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal.
Held: The defendants’ appeal succeeded, and the fair . .
Cited – Rothschild v Associated Newspapers Ltd QBD 10-Feb-2012
rothschild_anQBD2012
The claimant said that an article published by the defendant was defamatory. He said that the article implied that in his business associations he had put others at risk to their reputations.
Held: The action failed. The words were indeed . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.223706 br>
Lord Brandon of Oakbrook: ‘There is no such thing as a cause of action in damages for late payment of damages. The only remedy which the law affords for delay in paying damages is the discretionary award of interest pursuant to statute.’
Lord Brandon of Oakbrook
[1988] AC 395
Commonwealth
Cited by:
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.252498 br>
The court considered the law of public nuisance to be the nuisance to ‘all the King’s liege subjects’ living in Twickenham and travelling and passing the King’s highway was impregnating the air with ‘noisome and offensive stinks and smells’. Each defendant, on undertaking to avoid repetition, was fined 6s 8d.
(1757) 1 Burr 333, [1757] EngR 85, (1757) 1 Burr 333, (1757) 97 ER 338 (B)
Commonlii
England and Wales
Cited by:
Cited – Regina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.231618 br>
The tenant wished to assign the lease. The lease contained the ‘usual covenant’ not to assign without consent, that consent not to be unreasonably withheld. The landlord had refused a request from the tenant to assign the lease because she was ‘not satisfied with the area proposed to be used’.
Held: The tenant succeeded. Where the covenant states that the landlord must not unreasonably refuse that consent, the court has to have regard to the landlord’s actual state of mind at the relevant time.
Lord Denning MR said: ‘it is not right to say that this is an objective question, as counsel said. This matter cannot be considered without regard to the state of mind of the landlord herself as to her reasons for refusing consent. How otherwise can a lessee hope to see whether he can assign unless he knows the landlord’s reasons for objection’
Section 191 (3) of the County Courts Act 1959 gave the county court power to grant relief against forfeiture following peaceable re-entry. The landlord argued that the county court had no power at all to grant relief against forfeiture after a peaceable re-entry. This court, not surprisingly in view of section 191 (3), rejected that argument.
Pullin J, Lord Denning MR, Slade LJ, Cumming-Bruce LJ
[1963] 2 All ER 13, [1963] 2 QB 786
County Courts Act 1959 191(3)
England and Wales
Cited by:
Cited – Thatcher v CH Pearce and Sons (Contractors) Ltd 1968
(Bristol Assizes) The tenant was the tenant of a scrap yard. He had paid his rent promptly, until he was sent to prison. Thereafter he failed to pay the rent; and had no access to legal advice. The landlord peaceably re-entered for non-payment of . .
Cited – Vision Golf Ltd v Weightmans (A Firm) ChD 26-Jul-2005
A lease had been forfeited. The defendant firm of solicitors had negligently failed to apply for relief. They argued that that failure had in fact caused no loss to the claimants, since they would have lost the lease anyway.
Held: The ‘but . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.234851 br>
A partner in a banking firm died. The surviving partners continued to trade without making any changes. They later fell into bankruptcy. Creditors of the bank at the date of the death still traded with the bank with varying changes in their banking accounts.
Held: The fact that they continued to trade with the continuing partners did not discharge the estate of the deceased partner. Grant MR said: ‘I apprehend by the general mercantile law, a partnership contract is several as well as joint. That may probably be the reason why courts of equity have considered joint contracts of this sort, that is joint in form, as standing on a different footing from others.’
Grant MR
[1816] 1 Mer 572, [1814-23] All ER Rep 1, [1816] 35 ER 781
Worldlii
England and Wales
Cited by:
Cited – City Discount v McLean CCP 16-Jun-1874
The plaintiffs, a discount company, were in the habit of discounting bills for S. In consideration that the plaintiffs would advance money to a certain amount to S on the deposit of a lease of S’s premises, the defendant guaranteed any part of the . .
See Also – Baring v Noble 9-Mar-1831
The creditor of a partnership, in which one of the partners dies, and the surviving partners afterwards become bankrupt, has a right to resort to the assets of the deceased partner for payment, without regard to the state of the account as between . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.229249 br>
The plaintiffs, a discount company, were in the habit of discounting bills for S. In consideration that the plaintiffs would advance money to a certain amount to S on the deposit of a lease of S’s premises, the defendant guaranteed any part of the money so advanced that might remain due after the realisation of the leasehold security, the guarantee to last for a period not exceeding two years. Advances were made to S by the plaintiffs in accordance with the guarantee, and a great number of other transactions by way of further advance upon the discount of bills by the plaintiffs for S. took place in the usual course of business between them. Within two years from the date of the guarantee, S failed, owing to the plaintiffs an amount exceeding the sum guaranteed. A long debtor and creditor account was kept by the plaintiffs of their transactions with S during such time, including the advances made under the guarantee. The aggregate of the items on both sides of the account very largely exceeded the amount of the sum guaranteed. In this account the practice was to credit S with the amount of the bills discounted, less discount and commission, and debit him with the amount of the bills if they were dishonoured. Many of the bills discounted were renewed at maturity, and the same system of crediting and debiting applied to the renewals. The account was balanced on several occasions before S failed, and shewed balances against S of much less amount than the sums advanced under the guarantee, but these balances were arrived at by crediting S with the amount of outstanding bills, many of which were not paid at maturity, and were included in the ultimate balance against S. Bills were discounted with the plaintiffs by S to cover advances made under the guarantee, and were from time to time renewed but never were paid. Bills, discounted by S with the plaintiffs after the advances under the guarantee, had been paid to an amount exceeding the sum guaranteed, but it did not appear that in point of fact the balance really due from S to the plaintiffs after the date of the guarantee was ever less than the sum guaranteed. In an action on the guarantee to recover the moneys advanced under it.
Held: Under the circumstances of the case, it could not have been the intention of the plaintiffs and S, by the mode in which the account between them was kept, that the advance under the guarantee should be considered as satisfied by the items of credit therein, and consequently that the action was maintainable.
The rule in Clayton’s Case that payments are credited against the first item shown debited can be displaced by evidence of a contrary intention.
(1874) LR 9 CP 692, [1874] UKLawRpCP 60
Commonlii
England and Wales
Citing:
Cited – Devaynes v Noble; Baring v Noble, Clayton’s Case CA 1816
A partner in a banking firm died. The surviving partners continued to trade without making any changes. They later fell into bankruptcy. Creditors of the bank at the date of the death still traded with the bank with varying changes in their banking . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.229292 br>
Abridgement of time in Court proceedings to enforce decision of Adjudicator.
An adjudicator was appointed to decide a dispute pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996. Before doing so he decided that the scheme in Part I of the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations, 1998 applied. On 12 February 1999 he made a decision that the defendant should pay the plaintiff approximately pounds 16,000 and that the decision should be complied with peremptorily. Although requested to do so the defendant did not pay so on 8 March the plaintiff issued and served a writ for the amount due plus fixed costs and on 10 March issued and served a summons to abridge the time for acknowledging service of the writ and for taking other steps, including in relation to any application for summary judgment. The summons was returnable at 2 pm on 12 March. At 11 am on 12 March the defendant paid the amount claimed and the fixed costs stated on the writ. The plaintiff sought an assessment of costs that it had incurred. Held, any automatic stay of the action applicable under RSC Order 6, rule 2(1)(b) should be lifted, that the plaintiff was justified in issuing the summons to abridge time and was entitled to the costs in connection with it but not to any costs relating to the writ. The costs were assessed summarily.
[1999] EWHC Technology 248
Bailii
England and Wales
Updated: 16 October 2021; Ref: scu.201774 br>
The courts look more favourably on applications by gratuitous trustees than on those by paid trustees. In a company winding up the liquidator may be liable to the company for negligence on his part in making a compromise.
[1929] 1 Ch 151
Cited by:
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.252499 br>
Charles Bradlaugh and Mrs Annie Besant were prosecuted for publishing a treatise on contraceptive methods entitled the Fruits of Philosophy which had originally been published in the United States of America in 1832. They were prosecuted for publishing an obscene libel.
Held: They were convicted.
(1877) 2 QBD 569
England and Wales
Citing:
Appealed to – Bradlaugh v The Queen CA 1878
Conviction for publishing an obscene libel (abortion manual) overturned. . .
Cited by:
Appeal from – Bradlaugh v The Queen CA 1878
Conviction for publishing an obscene libel (abortion manual) overturned. . .
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Cited – Sutherland v Stopes HL 1925
Dr Marie Stopes failed in her attempt to reverse the verdict against her in libel proceedings she had brought in relation to a book which criticised what it called her ‘monstrous campaign of birth control’ and opined, looking back to the events of . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.223708 br>
[1930] 1 Ch. 102
Cited by:
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.252500 br>
The Appellant’s husband, fell while going down the back stairs of a public house called ‘The Golfer’s Arm’ at Great Yarmouth. He was found lying on the floor of the vestibule at the bottom of the stairs and died later. She appealed against rejection of her claim and appeal.
Held: The word ‘occupier’ has a different meaning according to the subject matter in which it is employed. Lord Pearson used the phrase ‘control associated with and arising from presence in and use of activity in the premises.
There can be more than one occupier of the same premises for the purpose of the 1957 Act.
Lord Denning defined an occupier for the purposes of the Act by examples the second of which was:- ‘Secondly, where an owner let floors or flats in a building to tenants, but did not demise the common staircase or roof or some other parts, he was regarded as having retained control of all parts not demised by him. Accordingly he was held to be under a duty in respect of those retained parts to all persons coming lawfully on to the premises… But the old cases still apply so as to show that the Landlord is responsible for all parts not demised by him, on the ground that he is regarded as being sufficiently in control of them to impose on him a duty of care to all persons coming lawfully on to the premises.’ and ‘the structure was reasonably safe including the handrail and that the system of lighting was efficient, but I doubt whether they were bound to see that the lights were properly switched on or the rugs laid safely on the floor.’
Viscount Dilhorne, Lord Denning, Lord Morris of Borth-y-Gest, Lord Pearce, Lord Pearson
[1966] AC 552, [1966] UKHL 1, [1965] 3 WLR 142
Bailii
Occupiers Liability Act 1957, Law Reform (Miscellaneous Provisions) Act 1934
England and Wales
Cited by:
Cited – Harris v Birkenhead Corporation CA 12-Nov-1975
A four year old child had fallen from a second-story window in a derelict house owned by the defendant, and suffered serious injury. The house and others had been purchased by compulsion for intended clearance. The Corporation appealed against a . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.242622 br>
A testatrix bequeathed pounds 14,000 on trust to pay the income to the incumbent of the church at H. for the time being so long as he permitted the sittings to be occupied free : in case payment for sittings was ever demanded, she directed the pounds 14,000 to fall into her residue.
Held: first, that the testatrix had not expressed a general intention to devote the pounds 14,000 to charitable purposes, so that in case of failure of the trust for the benefit of the incumbent the fund would be applied cy-pres ; secondly, that the direction that the fund should fall into the residue, being a direction that the fund should go as the law would otherwise carry it, did not offend the rule against perpetuities.
(1888) 38 Ch D 213, [1888] UKLawRpCh 33
Commonlii
England and Wales
Cited by:
Cited – Lehtimaki and Others v Cooper SC 29-Jul-2020
Charitable Company- Directors’ Status and Duties
A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.653190 br>
The accused, who was alleged to have been driving a motor car, had been walking beside it as it ran down a slight incline, and had steered it by placing his hand on the wheel. The car had run out of petrol.
Held: The question turned on whether the defendant was ‘in a substantial sense controlling the movement and direction of the car,’ and held that this test was satisfied.
1969 JC 1
England and Wales
Cited by:
Cited – Regina v MacDonagh CA 1974
The Road Traffic Acts do not define the word ‘drive’ and in its simplest meaning it refers to a person using the driver’s controls for the purpose of directing the movement of the vehicle. It matters not that the vehicle is not moving under its own . .
Cited – Hoy v McFadyen HCJ 2000
The accused was charged with driving whilst disqualified. He had been in the driver’s seat and had started the engine. On turning off the engine the car lurched forward slightly. The handbrake was defective and would not hold the car on a slope. To . .
Cited – Director of Public Prosecutions v Alderton Admn 25-Nov-2003
The defendant had been found sat in his car. He had been spinning its wheels, but not moving. The prosecutor appealed against dismissal of a charge of attempting to drive whilst under the influence of alcohol.
Held: The appeal succeeded. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.189934 br>
The plaintiffs brought actions in passing off against the defendant company in respect of their chocolate products. They objected to the use of the terms ‘Swiss Chocolate’ applied to chocolates not made in Switzerland.
Held: The claimant had to show that the descriptive term ‘Swiss Chocolate’ had acquired a distinctive meaning. A name is protectable in a passing off action if the plaintiff can show that the words sued upon had the protectable meaning alleged.
Laddie J
Times 25-Nov-1997, [1997] EWHC Patents 360
Bailii
England and Wales
Citing:
Cited – Perry v Truefitt CA 8-Dec-1842
The court considered the nature of the tort of passing off. ‘I think that the principle on which both the courts of law and of equity proceed, in granting relief and protection in cases of this sort, is very well understood. A man is not to sell his . .
Cited – Spalding (A G ) and Brothers v A W Gamage Ltd HL 1915
The House considered the requirements for the tort of passing off. The judge has the sole responsibility for deciding whether anybody has been misled. He will hear evidence, but must not surrender his assessment to others.
Lord Parker said: . .
Cited – Erven Warnink Besloten Vennootschap v J Townend and Sons (Hull) Limited (‘Advocaat’) HL 1979
The trademark was the name of a spirit-based product called ADVOCAAT. The product had gained a reputation and goodwill for that name in the English market and the defendants were seeking to take advantage of that name by misrepresenting that their . .
Cited – Erven Warnink Besloten Vennootschap v J Townend and Sons (Hull) Limited (‘Advocaat’) HL 1979
The trademark was the name of a spirit-based product called ADVOCAAT. The product had gained a reputation and goodwill for that name in the English market and the defendants were seeking to take advantage of that name by misrepresenting that their . .
Cited – Dent v Turpin 1861
. .
Cited – Taittinger and Others v Allbev Ltd and Another CA 30-Jun-1993
An injunction was granted to restrain the labelling of a sparkling fruit (Elderflower Champagne) non-alcoholic drink made in Surrey to include the word ‘champagne’. The trial judge had held that all the necessary ingredients for a successful passing . .
Cited – Vine Products Ltd v Mackenzie and Co Ltd (the Sherry Case) ChD 1969
Assorted sherry producers and shippers to write to producers and importers of ‘British Sherry’ asking them to stop using the word ‘sherry’ other than in relation to wines emanating from the Jerez district of Spain. Those producers and importers to . .
Cited – Southorn v Reynolds 1865
. .
Cited – Bollinger v Costa Brava Wine Co Ltd 1960
Intruders into the market brought into England a wine somewhat similar to Champagne. It had been produced in the Costa Brava district of Spain. They marketed it under the name ‘Spanish Champagne’. The French growers and shippers brought an action to . .
Cited – Harrods Ltd v Harrodian School CA 3-Apr-1996
No passing off was to be found to have been shown without the public believing that the plaintiff was responsible for the defendant’s services or goods. It was not enough to show only that the defendant was somehow ‘behind’ the defendant. Millet LJ . .
Cited – CIVC v Wineworths 1991
(New Zealand High Court) . .
Cited – Ford v Foster 1871
. .
Cited – Neutrogena Coroporation v Golden Ltd CA 1996
The court discussd the ‘substantial proportion of the public’ test applied in passing off. The purpose of this evidence was to provide real evidence from ordinary members of the public wholly untainted by any artificiality. . .
Cited – Newman v Pinto CA 1887
Bowen LJ said: ‘A lie may be told by a box just as well as by the mouth of an individual.’ . .
Cited by:
Appeal from – Chocosuisse Union Des Fabricants Suisse De Chocolat et Al v Cadbury Ltd CA 25-Feb-1999
A trade association formed to protect a trading style or name, but which did not itself trade in the goods, had no trade which was capable of being damaged and accordingly had no locus standi to found an action for passing off against the use of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 16 October 2021; Ref: scu.163056 br>
(Judgment) Appeal – Inadmissibility – Non-contractual liability – European Ombudsman’s manner of dealing with a complaint concerning an internal competition for establishment
C-234/02, [2004] EUECJ C-234/02P
Bailii
European
Updated: 16 October 2021; Ref: scu.195050 br>
Amendment of particulars of claim – new head of claim – limitation
Lord Justice Mummery Sir Martin Nourse Lord Justice Kay
[2004] EWCA Civ 412
Bailii
Limitation Act 1980 35
England and Wales
Updated: 16 October 2021; Ref: scu.195092 br>