McGill v The Sports and Entertainment Media Group and Others: CA 4 Nov 2016

The claimant football agent had claimed against a footballer client for breach of contract and against the client’s new agent for inducing a breach of contract.

Lloyd Jones LJ, Henderson J
[2016] EWCA Civ 1063, [2016] WLR(D) 571
Bailii, WLRD
England and Wales

Contract, Torts – Other, Damages

Updated: 25 January 2022; Ref: scu.571228

Barkhuysen v Hamilton: QBD 10 Nov 2016

Claims had been made between neighbours in the course of a long running neighbour dispute. In particular a claim was made of malicious prosecution as regards a complaint made to the police.
The claimant had ‘amply made out the third and fourth elements of this tort: the defendant made a false, entirely unfounded, and malicious accusation. That accusation set in train the actions of the police that followed: the claimant’s arrest and detention, the seizure of his property, the intimate sampling and other steps I have identified above. The defendant procured a criminal investigation of the claimant lasting several months.’
However, there was no prosecution for the purposes of the tort. Warby J explained: ‘All of that shows that there was a false arrest and false imprisonment thereafter, which were maliciously procured by the defendant. But in my judgment that is not enough to bring home the claim for damages for malicious prosecution. I accept Mr Samson’s argument that there was no ‘prosecution’ for the purposes of this tort. Ms Marzec submits that the underlying principle of the law of malicious prosecution is that an abuse of the process of the law that causes another injury is actionable; the key feature in considering whether there has been a ‘prosecution’ is whether the actions taken against the claimant were such as to cause him injury. She refers me to Churchill v Siggers (1854) 3 E and B 929, Mohamed Amin v Banerjee [1947] AC 322 at 331 (PC), Roy v Prior [1971] AC 470, 477-9 (HL) and the recent decision of the Supreme Court in Willers v Joyce [2016] UKSC 43. But in none of those cases was a mere arrest held to be actionable in the tort of malicious prosecution. Nor, in my judgment, does any of them stand as authority for any principle that would make a mere arrest so actionable. It is important not to treat passages in judgments, however high their authority, as tantamount to statutory wording.
The pleaded case for the defendant is that a prosecution begins when a person is charged. Mr Samson submits that this is too generous an approach. He argues that the authorities point to the conclusion that the malicious institution of proceedings before a judicial body is actionable in this tort, but not anything short of that. I agree, and add that the established rationale of the tort appears to be that compensation should be available for injury caused by a malicious abuse of the judicial power of the state. All of the cases cited above can be explained on this basis. See also the analysis of Sir Timothy Lloyd in Crawford v Jenkins [2014] EWCA Civ 1035 [2014] EMLR 25 [48]-[50].’ (emphasis added)

Warby J
[2016] EWHC 2858 (QB)
Bailii
England and Wales
Cited by:
See alsoBarkhuysen v Hamilton QBD 23-Dec-2016
. .
CitedCXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .

Lists of cited by and citing cases may be incomplete.

Land, Torts – Other

Updated: 25 January 2022; Ref: scu.571114

Rudall v The Crown Prosecution Service and Another: QBD 14 Nov 2016

The claimant solicitor alleged that the repeated and failed prosecutions of him and the obtaining of search warrants had been an improper attempt to stop him practising.

Phillips J
[2016] EWHC 2884 (QB)
Bailii
Limitation Act 1980 32
England and Wales

Administrative, Limitation, Torts – Other

Updated: 25 January 2022; Ref: scu.571115

Mortgage Agency Services Number One Ltd (T/A Britannia Commercial Lending) v Cripps Harries Llp: ChD 12 Oct 2016

Action in which a lender sought damages for fraud, conspiracy and (originally) inducing breach of contract against a borrower’s solicitors, the defendants, on the basis that two employees of the defendant firm deliberately misled the claimant in a manner which led to its lending to a property owner and developer. There has been a serious shortfall in recovery in respect of the loan and the lender seeks to recover its losses accordingly.

Mann J
[2016] EWHC 2483 (Ch)
Bailii
England and Wales

Torts – Other, Legal Professions

Updated: 24 January 2022; Ref: scu.570344

Creggy v Barnett and Another: CA 11 Oct 2016

Appeal by the defendant, against an order requiring Mr Creggy to pay to the claimants the sum of US$2,305,795.68 including interest as equitable compensation for his breach of fiduciary duty in transferring in 1998 approximately US$1.2m to a Maltese lawyer. The monies came from the Swiss bank accounts of two Liberian companies, Pound Investments Inc and Glacier Investments Inc which, together with other offshore structures, were established by Mr Creggy for the purpose, as the judge found, of tax avoidance.

Sir Terence Etherton MR, Patten, Sales LJJ
[2016] EWCA Civ 1004
Bailii
England and Wales

Equity, Torts – Other

Updated: 24 January 2022; Ref: scu.570109

Boswell v Coaks (No 2): 1894

An English judgment is impeachable in an English court on the ground that the first judgment was obtained by fraud but only by the production and establishment of evidence newly discovered since the trial and not reasonably discoverable before the trial

(1894) 86 LT 365n
England and Wales
Cited by:
CitedTakhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 24 January 2022; Ref: scu.671569

Constantin Medien Ag v Ecclestone and Others: ChD 22 Jul 2013

The claimant wished to allege the payment of a bribe by the defendants inducing the sale of a part of its shareholding in the F1 Group, and now sought advanced disclosure of certain documentation.
Held: The application was dismissed as against the first defendant.

Vos J
[2013] EWHC 2674 (Ch)
Bailii

Torts – Other, Litigation Practice

Updated: 23 January 2022; Ref: scu.569402

Pile v Chief Constable of Merseyside Police: QBD 18 Sep 2020

The claimant ‘brings this appeal to establish the liberty of inebriated English subjects to be allowed to lie undisturbed overnight in their own vomit soaked clothing. Of course, such a right, although perhaps of dubious practical utility, will generally extend to all adults of sound mind who are intoxicated at home. Ms P, however, was not at home. She was at a police station in Liverpool having been arrested for the offence of being drunk and disorderly. She had emptied the contents of her stomach all over herself and was too insensible with drink to have much idea of either where she was or what she was doing there. Rather than leave the vulnerable claimant to marinade overnight in her own bodily fluids, four female police officers removed her outer clothing and provided her with a clean dry outfit to wear. The claimant was so drunk that she later had no recollection of these events.’
Held: Dismissed.

[2020] EWHC 2472 (QB)
Bailii
England and Wales

Police, Torts – Other

Updated: 22 January 2022; Ref: scu.653959

Reynolds v Commissioner of Police for the Metropolis: CA 18 May 1982

The plaintiff had been awarded andpound;12,000 damages for false imprisonment by the Commissiner’s officers. Officers had suspected the existence of a repeat arsonist operating an insurance fraud. The plaintiff’s husband owned one of the properties. That was the sole ground for her arrest. The judge had found no ground for reasonable suspicion of her.
Held: The grounds were not capable of amounting to a proper suspicion. The damages award was higher than might be awarded by others but was within the proper range.

Waller, O’Connor LJJ, Sir George Baker
[1982] EWCA Civ 7, [1982] Crim LR 600
Bailii
England and Wales
Cited by:
See AlsoReynolds v Commissioner of Police of the Metropolis 1985
A search warrant had been obtained under the 1913 Act. The court considered the existence of a tort of obtaining a search warrant maliciously.
Waller LJ discussed the problem facing police officers when a large volume of material were to be . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Damages

Updated: 22 January 2022; Ref: scu.262676

Chic Fashions (West Wales) Ltd v Jones: CA 12 Dec 1967

Lord Denning MR said that a constable equipped with a search warrant: ‘may seize not only the goods which he reasonably to be covered by the warrant, but also any other goods which he believes on reasonable grounds to have been stolen and to be material evidence on a charge of stealing or receiving against the person in possession of them or anyone associated with him.’
Salmon LJ: ‘If the preservation of law and order requires that a policeman shall have the power to arrest a man whom he believes on reasonable grounds to be a thief or a receiver, it is difficult to understand why the policeman should not have the power to seize goods on that man’s premises which the policeman believes on reasonable grounds that he has stolen or received’
Police officers had entered the plaintiff’s shop premises armed with a search warrant authorising them to search for goods stolen from A. They found none of A’s goods there, but did find and seize goods which they believed on reasonable grounds to have been stolen from B, C and D. They had no warrant to seize these goods, and there was no previous decided case which indicated that they were entitled to do so. The plaintiff said they had acted unlawfully.
Held: Diplock LJ said: ‘unless forced to do so by recent binding authority, I decline to accept that a police officer who is unquestionably justified at common law in arresting a person whom he has reasonable grounds to believe is guilty of receiving stolen goods, is not likewise justified in the less draconian act of seizing what he, on reasonable grounds, believes to be the stolen goods in that person’s possession.’

Lord Denning MR, Salmon LJ
[1968] QB 299, [1967] EWCA Civ 4, (1968) 132 JP 175, [1968] 1 All ER 229, [1968] 2 WLR 201
Bailii
England and Wales
Citing:
CitedEntick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .

Cited by:
CitedDirector of the Assets Recovery Agency v Szepietowski and others Admn 29-Sep-2006
The respondent had objected that the appointment of an interim receiver had been based upon information obtained in the course of investigations undertaken in connection with different proceedings and allegations.
Held: The enforcement agency . .
CitedRegina v Inland Revenue Commissioners ex parte Rossminster Ltd HL 13-Dec-1979
The House considered the power of an officer of the Board of Inland Revenue to seize and remove materials found on premises which a warrant obtained on application to the Common Serjeant authorised him to enter and search; but where the source of . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 22 January 2022; Ref: scu.247610

National Mercantile Bank Ltd v Rymill: CA 1881

The plaintiff was the owner of horses the subject of a bill of sale. The grantor of the bill sold the horses privately in the defendant’s auction yard and following the sale, on the grantor’s instructions, the auctioneer delivered the horses to the buyer. It was held that there had been no conversion.
Held: The auctioneer did not claim to transfer the title and did not purport to sell; all the dominion he exercised over the chattels was to redeliver them to the person to whom the man from whom he had received them had told him to redeliver them. On the evidence there had been no sale by the auctioneer. A bailee escapes liability for conversion, not only where he merely redelivers to his bailor, but where he delivers at the bailor’s directions to a third party without knowledge of any adverse claim, though with knowledge that such delivery is in pursuance of a sale or other disposition.

Bramwell LJ, Brett and Cotton LJJ
[1881] 44 LTNS 767
England and Wales
Cited by:
CitedMarcq v Christie, Manson and Woods Ltd CA 23-May-2003
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 . .

Lists of cited by and citing cases may be incomplete.

Agency, Torts – Other

Updated: 22 January 2022; Ref: scu.182754

Montefiori v Montefiori: 1746

A note, given fraudulently, to carry on a marriage treaty, shall be good against the drawer, though given without any consideration.
Lord Mansfield said: ‘no man shall set up his own iniquity as a defence, any more than as a cause of action’.

Lord Mansfield
[1746] EngR 363, (1746-1779) 1 Black W 363, (1746) 96 ER 203
Commonlii
England and Wales
Cited by:
CitedTakhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Family, Torts – Other

Updated: 22 January 2022; Ref: scu.380751

Lazarus Estates Ltd v Beasley: CA 1956

There was a privative clause in the 1954 Act. A landlord’s declaration under the Act that work of a specified value, supporting an increase in rent, had been carried out on leased premises, could not be questioned after 28 days of its service on the tenant.
Held: The validity of the declaration could be challenged as fraudulent in proceedings for arrears of rent.
Lord Denning said: ‘No Court in this land will allow a person to keep an advantage he has obtained by fraud. No judgment of a court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything. The court is careful not to find fraud unless it is distinctly pleaded and proved; but once it is proved it vitiates judgments, contracts and all transactions whatsoever; see, as to deeds, Collins v Blantern (1767) (2 Wils. KB 342), as to judgments, Duchess of Kington’s Case (1776) (1 Leach 146), and, as to contracts, Master v Miller (1791) (4 Term Rep 320). [38] There are however serious problems with the debtors’ case in fraud. While fraud gives rise to an exception, the ability to raise fraud cannot be open-ended. If there was a genuine argument as to fraud the debtors had the same obligation to raise it in the Court of Appeal as they had for all other grounds they have since raised in their attempt to attack the District Court judgment.’ and ‘The Court is careful not to find fraud unless it is distinctly pleaded and proved.’ and
‘No other objections were taken in the county court to the documents, but I do not wish it to be assumed that this court approves of them. The statutory forms require the documents to be ‘signed’ by the landlord, but the only signature on these documents (if such it can be called) was a rubber stamp ‘Lazarus Estates Ltd.’ without anything to verify it. There was no signature of a secretary or of any person at all on behalf of the company. There was nothing to indicate who affixed the rubber stamp. It has been held in this court that a private person can sign a document by impressing a rubber stamp with his own facsimile signature on it: see Goodman v J. Eban Ltd., but it has not yet been held that a company can sign by its printed name affixed with a rubber stamp.’
Lord Parker LJ observed that fraud ‘vitiates all transactions known to the law of however high a degree of solemnity.’

Denning LJ, Lord Parker LJ
[1956] 1 QB 702, [1956] 1 All ER 341, [1956] 2 WLR 502
Housing and Repairs Act 1954
England and Wales
Citing:
CitedMaster v Miller 1793
Buller J said: ‘It is a common saying in our law books, that fraud vitiates every thing. I do not quarrel with the phrase, or mean in the smallest degree to impeach the various cases which have been founded on the proof of fraud. But we must . .

Cited by:
CitedHIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
CitedPrest v Petrodel Resources Ltd and Others SC 12-Jun-2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The . .
CitedMoynihan v Moynihan (No 2) FD 1997
The Queen’s Proctor applied to have set aside a decree absolute of divorce obtained by fraud on the part of the petitioner, the by then deceased Lord Moynihan. The particulars set out in the petition were false in a number of material respects; the . .
CitedRapisarda v Colladon (Irregular Divorces) FC 30-Sep-2014
The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction.
CitedHIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
CitedHayward v Zurich Insurance Company Plc SC 27-Jul-2016
The claimant had won a personal injury case and the matter had been settled with a substantial payout by the appellant insurance company. The company now said that the claimant had grossly exaggerated his injury, and indeed wasfiully recovered at . .
CitedTakhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other, Administrative, Company

Updated: 21 January 2022; Ref: scu.219283

Owens v Noble: CA 10 Mar 2010

The respondent had been awarded substantial damages after an accident for which the appellant was responsible. The appellant now said that the claimant had exaggerated his injuries and misled the judge. The defendant argued that the correct approach where fraud was alleged was to commence an action to set aside the judgment.
Held: Permission to appeal was granted, the new evidence admitted, the appeal allowed and the matter remitted for rehearing. Where new evidence, which might show that the judge at first instance had been deliberately misled, was admitted at appeal, a new trial should be ordered only if the fraud was admitted or if the evidence was incontrovertible. If neither applied, then the issue of the fraud should be settled before a decision was made on further progress.

Sedley, Smith, Elias LJJ
[2010] EWCA Civ 224, [2010] WLR (D) 73
Bailii, WLRD, Times
England and Wales
Citing:
CitedLadd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
CitedFlower v Lloyd CA 11-Jun-1877
The plaintiffs tried to restrain the defendant from infringing their patent. They succeeded at first instance but the order was overturned on appeal. An expert went to inspect the process at the defendant’s works. Later, employees gave affidavits . .
FollowedJonesco v Beard HL 1930
The plaintiff was a race horse trainer. He had made two claims against the defendant owner alleging first that the defendant had agreed to give him a share in some horses and second that the plaintiff had sold two horses to him but not been paid for . .
CitedHamilton v Al Fayed CA 21-Dec-2000
The claimant sought an order saying that his counsel had discarded confidential documents which were retrieved from his dustbin by a Mr Pell who then sold them to his opponent who had used them to obtain an unfair advantage.
Lord Phillips MR . .
CitedDe Beauville v Swycher and Co and Another 22-Nov-1999
. .
CitedMulholland v Mitchell HL 1971
The House was asked whether to re-open an assessment of damages where there had been a very marked change in the injured person’s situation shortly after the trial. There was no suggestion of fraud. The Court of Appeal had decided to admit the fresh . .
CitedSkone v Skone and Another HL 1971
The husband appealed, seeking a new trial of a divorce petition following the discovery of fresh evidence consisting of a bundle of love letters from the co-respondent to the wife clearly showing that, contrary to his sworn evidence, he had . .
CitedRoe and Another v Robert McGregor and Sons Ltd; Bills v Roe CA 1968
The plaintiff was driving a van at night. He didn’t see a ‘road closed’ sign erected by the defendant contractors, and proceede down a 30 ft bank injuring himself and his passenger. He said the contractors’ the sign was inadequate and that he had . .
CitedHip Foong Hong v H Neotia and Co PC 15-Jul-1918
An appellate Court has inherent power to set aside a judgment obtained through fraud. Lord Buckmaster described how an appellate court should deal with an allegation that an earlier judgment had been obtained by fraud: ‘Where a new trial is sought . .
CitedSir William Jaffray and others v The Society of Lloyds CA 20-Jun-2007
The appellant sought to re-open a decision of the Court of Appeal saying that fresh evidence had emerged which he said demonstrated that Lloyd’s had misled the court at first instance. . .
InstructiveHamilton v Brodie Brittain Racing Ltd CA 13-Dec-1995
The defendant disputed at trial the authenticity of invoices, but provided no forensic evidence to support his challenge. The trial judge had accepted the invoices as authentic. The defendant subsequently adduced evidence which strongly suggested . .
CitedSohal v Sohal CA 30-Jul-2002
It was alleged that a verdict upholding a will had been obtained by fraud. Permission was sought to appeal.
Held: It is possible to seek to establish that a judgment was obtained by fraud by adducing fresh evidence on an appeal: ‘There is no . .
CitedTaylor v Lawrence CA 4-Feb-2002
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm . .

Cited by:
Main JudgmentOwens v Noble CA 18-Mar-2010
In its principal judgment the court referred the case back to the judge to assess whether one or more of the parties had committed a fraud on the court. The court now explained its answer to submissions made on the draft judgment.
Held: It was . .
CitedSharland v Sharland CA 10-Feb-2014
Appeal against the order of Sir Hugh Bennett dismissing the application of the appellant wife to resume the hearing of her claim for financial provision following her divorce from the respondent.
Held: (Briggs LJ dissenting) The appeal failed. . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 21 January 2022; Ref: scu.403316

McIlkenny v Chief Constable of the West Midlands: CA 1980

The appellant had been convicted of an IRA bombing, causing loss of many lives. The appellant and his other co-accused alleged that their confessions had been induced by police violence. The trial judge ruled that their confessions were voluntary and they were accordingly convicted. The appellant now brought a civil claim against the police for damages for assault based on the alleged violence inflicted in the course of extracting his confession.
Held: Prima facie, re-litigation of an issue which has previously been finally decided by a court of competent jurisdiction is an abuse of process.
The court refused to allow the case to go ahead because the allegations were so serious they could not be believed. Lord Denning MR said: ‘This is such an appalling vista that every sensible person in the land would say: It cannot be right that these actions should go any further’.
The Court of Appeal has no function or power to make a pronouncement of innocence. It may observe that the effect of the material considered in the course of the appeal is demonstrative of innocence but it has no statutory function to make a finding to that effect.
Lord Denning MR said: ‘It has long been recognised that estoppel per rem judicatam or issue estoppel is not an absolute bar to the matter in dispute being tried again. The party concerned can avoid the effect of the previous decision if he can prove the same to have been obtained by fraud or collusion. That was the unanimous opinion of the judges in the Duchess of Kingston’s Case. To which we can add now that the party concerned can avoid the effect of the previous decision if he can show that a new fact has come to light (which he could not have ascertained before by reasonable diligence) which entirely changes the aspect of the case: see Phosphate Sewage Co Ltd v Molleson (1879) 4 App Cas 801, 814 per Earl Cairns LC. This is a much stricter test than we require when we admit fresh evidence on an appeal.’
Reginald Goff LJ said: ‘In my judgment, however, where the issue at the first trial was which of two parties or their witnesses was committing perjury, it is not sufficient merely to aver that the judgment was obtained by perjury since that is no more than to say the decision ought to have gone the other way. There must be sufficient fresh evidence to support the allegation.’

Lord Denning MR, Reginald Goff LJ, Sir George Baker
[1980] QB 283, [1980] 2 All ER 227, [1980] 2 WLR 689
England and Wales
Cited by:
CitedRegina v Connor and another; Regina v Mirza HL 22-Jan-2004
Extension of Inquiries into Jury Room Activities
The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use . .
Appeal fromHunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
CitedAdams, Regina (on The Application of) v Secretary of State for Justice SC 11-May-2011
The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. . .
CitedNunn v Suffolk Constabulary and Another Admn 4-May-2012
The claimant had been convicted of murder and his appeal had failed. He now sought disclosure of the forensic material held by the police to his own legal team.
Held: Permission to apply for review was granted, but the claim failed. ‘It is . .
CitedTakhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Estoppel

Updated: 21 January 2022; Ref: scu.192247

Toubia v Schwenke: 2002

Supreme Court of New South Wales – Court of Appeal
‘In an action for fraud, a plaintiff must prove that he was deceived but need not prove that he was diligent.’ Handley JA continued: ‘Where the action seeks the judicial rescission of a judgment, the plaintiff must prove that he and the court were deceived and he can only do this by showing that he has discovered the truth since the trial. Where this is done, and the fresh facts are material, fraud is established. Lord Buckmaster [in Hip Foong Hong v H Neotia and Co [1918] AC 888] said that if fraud was proved the judgment was vitiated, and he can only have meant that nothing else had to be proved apart from fraud. That means there is no need to prove due diligence as well.’

Handley Ja, Heydon Ja and Hodgson Ja
(2002) 54 NSWLR 46, [2002] NSWCA 34, (2002) 36 MVR 159
Australia
Cited by:
CitedTakhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 21 January 2022; Ref: scu.671564

Gould v Vaggelas: 1984

Brennan J said: ‘A knave does not escape liability because he is dealing with a fool.’

Brennan J
(1984) 58 ALJR 560;, [1984] Aust Torts Reports 80-313, [1984] ASC 55-376, (1984) 56 ALR 31, (1984) 157 CLR 215, [1984] HCA 68
Australia
Cited by:
CitedTakhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 21 January 2022; Ref: scu.671567

McDonald v McDonald: 13 Aug 1965

HCA – Appeal – New Trial – Fresh evidence – Tending to prove verdict obtained by fraud – Principles of grant of new trial on grounds of fraud and discovery of fresh evidence.
the High Court of Australia applied Hip Foong Hong and Jonesco v Beard and rejected the notion that, to set aside a judgment obtained by fraud, it had to be shown that evidence of the fraud could not have been obtained by reasonable diligence before the trial which led to the judgment sought to be set aside.

Barwick CJ(1), Kitto(2), Taylor(3), Menzies(4) and Windeyer(5) Jj
[1965] HCA 45, (1965) 113 CLR 529
Austlii
England and Wales
Citing:
CitedHip Foong Hong v H Neotia and Co PC 15-Jul-1918
An appellate Court has inherent power to set aside a judgment obtained through fraud. Lord Buckmaster described how an appellate court should deal with an allegation that an earlier judgment had been obtained by fraud: ‘Where a new trial is sought . .
CitedJonesco v Beard HL 1930
The plaintiff was a race horse trainer. He had made two claims against the defendant owner alleging first that the defendant had agreed to give him a share in some horses and second that the plaintiff had sold two horses to him but not been paid for . .

Cited by:
CitedTakhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Torts – Other

Updated: 21 January 2022; Ref: scu.671568

Clone Pty Ltd v Players Pty Ltd (In Liquidation) (Receivers and Managers Appointed): 21 Mar 2018

Kiefel Cj, Gageler, Keane, Gordon and Edelman Jj
[2018] HCA 12
Austlii
Australia
Cited by:
CitedTakhar v Gracefield Developments Ltd and Others SC 20-Mar-2019
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Torts – Other

Updated: 21 January 2022; Ref: scu.671562

JD Wetherspoon Plc v Harris and Others: ChD 1 May 2013

The chancellor gave reasons for refusing to strike out the claim. The claimant had alleged dishonest assistance in a breach of an agent’s duty by the defendants in two land transactions.

Sir Terence Etherton
[2013] EWHC 1088 (Ch), [2013] WLR(D) 159, [2013] 1 WLR 3296
Bailii, WLRD
England and Wales

Agency, Torts – Other

Updated: 20 January 2022; Ref: scu.491843

Goldtrail Travel Ltd v Aydin and Others: CA 21 Jan 2016

Application for stay of execution of judgment pending appeal

Patten LJ
[2016] EWCA Civ 20
Bailii
England and Wales
Citing:
Appeal fromGoldtrail Travel Ltd v Aydin and Others ChD 22-May-2014
Claim by company liquidators against former directors alleging misappropriation of company assets, and dishonest assistance. . .

Cited by:
At CAGoldtrail Travel Ltd v Onur Air Tasimacilik As SC 2-Aug-2017
At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Company

Updated: 19 January 2022; Ref: scu.566839

Herring v Boyle: CExC 1834

A mother went to fetch her 10-year-old son from school on 24 December 1833 to take him home for the Christmas holidays. The headmaster refused to allow her to take her son home because she had not paid the last term’s fees, and he kept the boy at school over the holidays.
Held: Her action for false imprisonment brought on behalf of the boy failed.
Bolland B said: ‘as far as we know, the boy may have been willing to stay; he does not appear to have been cognisant of any restraint, and there was no evidence of any act whatsoever done by the defendant in his presence. I think that we cannot construe the refusal to the mother in the boy’s absence, and without his being cognisant of any restraint, to be an imprisonment of him against his will.’

Bolland B, Baron Gurney
(1834) 1 Cr M and R 377, [1834] EngR 139, (1834) 149 ER 1126, [1834] EngR 140, (1834) 6 Car and P 496, (1834) 172 ER 1335
Commonlii, Commonlii
England and Wales
Cited by:
ExtraordinaryMurray v Ministry of Defence HL 25-May-1988
The plaintiff complained that she had been wrongfully arrested by a soldier, since he had not given a proper reason for her detention.
Held: The House accepted the existence of an implied power in a statute which would be necessary to ensure . .

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 19 January 2022; Ref: scu.259573

Rowland v Divall: CA 1923

A car dealer had bought a car to which the seller had no title.
Held: The dealer succeeded in his claim to recover the purchase price on the ground of total failure of consideration. The vendor had gone through the motions of performance of his contract by handing over a car, but in the eyes of the law that was no performance because the car was stolen. In the case of a theft the title acquired by the thief or later possessor is frail, and of likely limited value, but nonetheless remains a title to which the law can afford protection.
Atkin LJ said: ‘It seems to me that in this case there has been a total failure of consideration, that is to say that the buyer has not got any part of that for which he paid the purchase money. He paid the money in order that he might get the property, and he has not got it. It is true that the seller delivered to him the de facto possession, but the seller had not got the right to possession and consequently could not give it to the buyer. . There can be no sale at all of goods which the seller has no right to sell. The whole object of a sale is to transfer property from one person to another . . can it make any difference that the buyer had used the car before he found out that there was a breach of the condition? To my mind it makes no difference at all. The buyer accepted the car in the representation of the seller that he had a right to sell it, and in as much as the seller had no such right he is not entitled to say that the buyer has enjoyed a benefit under the contract. In fact the buyer has not received any part of that which he contracted to receive, namely the property and right to possession – and that being so there has been a total failure of consideration.’

Atkin LJ
[1923] 2 KB 500, [1923] All ER 270, (1923) 129 LT 757
England and Wales
Cited by:
CitedCostello v Chief Constable of Derbyshire Constabulary CA 22-Mar-2001
The police seized a car from Mr Costello, believing that it was stolen. The seizure was lawful at the time, by virtue of section 19 of PACE. The police never brought any criminal proceedings against Mr Costello, but they refused to return the car to . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Contract

Updated: 19 January 2022; Ref: scu.194107

Hayward v Zurich Insurance Company Plc: SC 27 Jul 2016

The claimant had won a personal injury case and the matter had been settled with a substantial payout by the appellant insurance company. The company now said that the claimant had grossly exaggerated his injury, and indeed wasfiully recovered at the time of the settlement. It had however known something of the deceit, and the CA had said that having proceeded with that knowledge they could not now resile from the agreement.
Held: The insurer’s appeal succeeded, and the settlement was set aside. They had not at the time known the full extent of the exaggeration by the claimant A claimant basing his claim in deceit in an alleged misrepresentation, had to demonstrate that the defendant had made a misrepresentation where the falsity wen to the misrepresenytation, and was intended to lead, and had in fact lead, the claimant to accrue a detriment. In law, he did ned to establish that he had in fact believed the misrepresentation. The representee’s state of mind might remain relevant to the issue of inducement.
Toulson L said: ‘To establish the tort of deceit it must be shown that the defendant dishonestly made a material false representation which was intended to, and did, induce the representee to act to its detriment. The elements essential for liability can be broken down under three headings: (a) the making of a materially false representation (the defendant’s conduct element); (b) the defendant’s accompanying state of mind (the fault element); and (c) the impact on the representee (the causation element). Where liability is established, it remains for the claimant to establish (d) the amount of any resulting loss (the quantum element).’

Lord Neuberger, President, Lady Hale, Deputy President, Lord Clarke, Lord Reed, Lord Toulson
[2016] 3 WLR 637, [2016] UKSC 48, [2016] 4 All ER 628, [2016] 2 All ER (Comm) 755, [2016] WLR(D) 423, [2017] AC 142, UKSC 2015/0099
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Vid, SC 2016 Jun 16 am, SC 2016 Jun 16 pm
England and Wales
Citing:
CitedLadd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Appeal fromHayward v Zurich Insurance Company Plc CA 31-Mar-2015
The claimant sought damages alleging his back had been injured at work. The insurers accepted liability but said that the claimant had exaggerated the extent of his injury. The claim was settled, but later a neighbour of the claimants said that the . .
CitedFairclough Homes Ltd v Summers SC 27-Jun-2012
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against . .
CitedEdgington v Fitzmaurice CA 7-Mar-1885
False Prospectus – Issuers liable in Deceit
The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off . .
CitedSmith v Kay HL 1859
A party who has practised deception with a view to a particular end, which has been attained by it, cannot be allowed to deny its materiality.
Lord Cranworth rejected what he described as ‘a very desperate argument’ that a representation could . .
CitedPan Atlantic Insurance Co Ltd and Another v Pine Top Insurance Co Ltd HL 27-Jul-1994
The plaintiff had written long term (tail) insurance. The defendant came to re-insure it. On a dispute there were shown greater losses than had been disclosed, and that this had been known to the Plaintiff.
Held: ‘material circumstance’ which . .
CitedBriess v Woolley HL 1954
A fraudulent misrepresentation made in the course of pre-contractual discussions by a shareholder in a company. He was subsequently authorised by the other shareholders to continue the negotiations as their agent, and in due course a contract was . .
CitedBarton v Armstrong PC 5-Dec-1973
(New South Wales) The appellant had executed a deed on behalf of a company to sell shares to the respondent in the context of a long running boardroom battle. He said that the deed had been obtained by duress and was voidable. The respondent was . .
CitedGipps v Gipps 1978
(Court of Appeal of New South Wales) In order to defeat a claim in misrepresentation, it is necessary for the false belief to be ‘wholly dissipated’ for knowledge to defeat misrepresentation. Huttley JA said: ‘Any other rule would be an affront to . .
CitedGould v Vaggelas 6-Nov-1984
A deceit was alleged.
Wilson J said: ‘The representation need not be the sole inducement in sustaining the loss. If it plays some part, even if only a minor part, in contributing to the course of action taken a causal connection will exist.’ . .
CitedDowns v Chappell; Downs v Stephenson Smart (a Firm) CA 1996
The plaintiff purchased a book shop. He claimed that in doing so he had relied upon the accounts prepared and signed off by the respective defendants.
Held: The judge had been wrong by testing what would have been the true figures as against . .
CitedStandard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4) HL 6-Nov-2002
Fraudulent Misrepresentation by Company Director
Fraudulent bills of lading had been issued in order to rely upon letters of credit issued by the bank. The director signing the bills sought to avoid personal liability, saying it was the Act of the company. The defendant company also appealed on . .
CitedRoss River Ltd and Another v Cambridge City Football Club Ltd ChD 19-Sep-2007
The club sought to rescind agreements for leasing its ground, saying that the developers had made a secret payment to its chairman.
Briggs J said: ‘First and foremost, in a case where fraudulent material misrepresentations have been . .
CitedAustralian Steel and Mining Corpn Pty Ltd v Corben 1974
Complaint was made that a statement (as to the identity of a purchaser to whom Mr Corben, who had decided to sell, was to give an option to purchase) was a ‘but for’ cause of the agreement. Mr Corben would not have persevered with the deal if he had . .
CitedBP Exploration Operating Co Ltd v Chevron Transport (Scotland) HL 18-Oct-2001
A ship owned by the defenders caused substantial damage whilst moored at the claimant’s docks. The claim was made against different members of the defendants as they asserted and denied responsibility. The last company asserted that the claim was . .
CitedSharland v Sharland SC 14-Oct-2015
The Court considered the impact of fraud upon a financial settlement agreed between divorcing parties where that agreement is later embodied in a court order? Does ‘fraud unravel all’, as is normally the case when agreements are embodied in court . .
CitedArkwright v Newbold CA 1881
Cotton LJ discussed the tort of deceit and said: ‘In my opinion, it would not be right in an action of deceit to give a plaintiff relief on the ground that a particular statement, according to the construction put on it by the court, is false, when . .
CitedBetjemann v Betjemann CA 1895
A father and his two sons had carried on the business as partners from 1856 to 1886; the father died in 1886 but the sons continued the business until 1893 when one of the sons died. The deceased son’s executor brought an action against the . .
CitedStrover v Harrington 1988
A property was at first wrongly described by the agents as having mains drainage. Correcting information was sent to the buyer’s solicitors by the Agents, but the solicitors did not pass on the correction to their client. The mistake was later . .
CitedLazarus Estates Ltd v Beasley CA 1956
There was a privative clause in the 1954 Act. A landlord’s declaration under the Act that work of a specified value, supporting an increase in rent, had been carried out on leased premises, could not be questioned after 28 days of its service on the . .
CitedHIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
CitedKyle Bay Ltd (T/A Astons Nightclub) v Underwriters CA 7-Feb-2007
The claimant had been insured under a business interruption insurance policy issued by the respondent defendaants. A claim had arisen, and had been settled, but the caimant said that the parties had mistaken the basis of the policy and had settled . .
CitedRedgrave v Hurd CA 1881
The plaintiff, an elderly solicitor wishing to retire, advertised for someone to enter into partnership with him and to buy his house. The defendant responded to the advertisement and negotiations followed, in which the plaintiff stated that the . .
CitedSmith v Chadwick HL 18-Feb-1884
Unclear Words Insufficient as Representation
A purchaser claimed to have entered into the contract in reliance on the truth of a misrepresentation by the seller. The plaintiff claimed damages for deceit through having been induced to buy shares in an iron company by false representations in a . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other

Updated: 19 January 2022; Ref: scu.567606

Smith v Chadwick: HL 18 Feb 1884

Unclear Words Insufficient as Representation

A purchaser claimed to have entered into the contract in reliance on the truth of a misrepresentation by the seller. The plaintiff claimed damages for deceit through having been induced to buy shares in an iron company by false representations in a prospectus as to the output of the iron works.
Held: His claim failed because the critical words of the prospectus were ambiguous, and the plaintiff had failed to show that he understood them in a sense which was false.
An inference of inducement can be made or rebutted on evidence. Lord Blackburn, said: ‘I think if it is proved that the defendants with a view to induce the plaintiff to enter a contract made a statement to the plaintiff of such a nature as would be likely to induce a person to enter into a contract, and it is proved that the plaintiff did enter into the contract, it is a fair inference of fact that he was induced to do so by the statement.’
. . and ‘In Pasley v Freeman, 2 Smith’s Leading Cases 66, 73, 86 (8th ed), Buller J says: ‘The foundation of this action is fraud and deceit in the defendant and damage to the plaintiffs. And the question is whether an action thus founded can be sustained in a court of law. Fraud without damage, or damage without fraud, gives no cause of action, but where these two concur an action lies, per Croke J, 3 Bulst 95.’
Whatever difficulties there may be as to defining what is fraud and deceit, I think no one will venture to dispute that the plaintiff cannot recover unless he proves damage. In an ordinary action of deceit the plaintiff alleges that false and fraudulent representations were made by the defendant to the plaintiff in order to induce him, the plaintiff, to act upon them. I think that if he did act upon these representations, he shews damage; if he did not, he shews none.’
Lord Selborne LC said: ‘My Lords, I conceive that in an action of deceit, like the present, it is the duty of the plaintiff to establish two things; first, actual fraud, which is to be judged by the nature and character of the representations made, considered with reference to the object for which they were made, the knowledge or means of knowledge of the person making them, and the intention which the law justly imputes to every man to produce those consequences which are the natural result of his acts: and, secondly, he must establish that this fraud was an inducing cause to the contract; for which purpose it must be material, and it must have produced in his mind an erroneous belief, influencing his conduct.’

Lord Blackburn, Lord Selborne LC
(1884) 9 App Cas 187, (1883-1884) 9 App Cas 187, [1884] UKLawRpAC 4
Commonlii
England and Wales
Cited by:
CitedAssicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
CitedSpice Girls Ltd v Aprilia World Service Bv ChD 24-Feb-2000
Disclosure Duties on those entering into contract
The claimants worked together as a five girl pop group. The defendants had signed a sponsorship agreement, but now resisted payment saying that one of the five, Geri, had given notice to leave the group, substantially changing what had been . .
CitedSt Paul Fire and Marine Insurance Co (UK) Ltd v McConnell Dowell Constructors Ltd CA 1995
The court discussed the general principles as to the meaning of ‘inducement’ in the context of insurance contract.
Held: If the three underwriters who gave evidence had been told the truth, on no view would they have underwritten the insurance . .
CitedMundi v Lincoln Assurance Ltd ChD 24-Nov-2005
The defendant life insurance company sought to avoid payment alleging non-disclosure. At first they suggested first one then a second and then a third reason for non payment as each previous reason looked like failing. They relied now on . .
CitedHayward v Zurich Insurance Company Plc SC 27-Jul-2016
The claimant had won a personal injury case and the matter had been settled with a substantial payout by the appellant insurance company. The company now said that the claimant had grossly exaggerated his injury, and indeed wasfiully recovered at . .

Lists of cited by and citing cases may be incomplete.

Contract, Insurance, Torts – Other

Updated: 19 January 2022; Ref: scu.187266

Spice Girls Ltd v Aprilia World Service Bv: ChD 24 Feb 2000

Disclosure Duties on those entering into contract

The claimants worked together as a five girl pop group. The defendants had signed a sponsorship agreement, but now resisted payment saying that one of the five, Geri, had given notice to leave the group, substantially changing what had been promised. The girls acknowledged that Geri had said she would leave, but insisted that no real intention to leave had existed.
Held: Generally, a person who is about to enter into an agreement is under no duty to disclose material facts which he knows but which the other party does not know. Here the group knew that the other party was relying upon a representation, and could not discharge the requirement to show that they did not know of its falsity, and were liable in damages to the defendant.

Arden J DBE
[2000] EWHC Ch 140
Bailii
England and Wales
Citing:
CitedRoyscot Trust Ltd v Rogerson 1991
Doyle -v- Olby (Ironmongers) Ltd was an appropriate way of assessing damages for an action under the Act, and damages are calculated on the basis of fraud.
A client misled into an investment is entitled to the measure of damages he would . .
CitedEdgington v Fitzmaurice CA 7-Mar-1885
False Prospectus – Issuers liable in Deceit
The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off . .
CitedEsso Petroleum Company Ltd v Mardon CA 6-Feb-1976
Statements had been made by employees of Esso in the course of pre-contractual negotiations with Mr Mardon, the prospective tenant of a petrol station. The statements related to the potential throughput of the station. Mr Mardon was persuaded by the . .
CitedSmelter Corporation v O’Driscoll 1977
(Ireland) In an action for misrepresentation, it did not matter that the representation was made by an agent who did not know that the representation was untrue. . .
CitedSchneider v Heath 1813
A ship was sold ‘to be taken with all faults’. In fact the vendor knew that she was unseaworthy. The particulars of sale stated that her hull was ‘nearly as good as when launched’. In fact the hull was rotten and the captain took her to a place . .
CitedReynell v Sprye 1852
. .
CitedWalters v Morgan 1861
A person may make a representation by conduct if he fails to correct an impression given by his conduct. . .
CitedWith v O’Flanagan CA 1936
When negotiating to enter into a contract, a person may have a duty to disclose material facts which come to his notice before the conclusion of a contract if they falsify a representation previously made by him. A representation as to the profits . .
CitedNottingham Patent Brick Co v Butler 1886
A solicitor stated that he was not aware that property was subject to any restrictions, but his failure to add that he had not read the relevant deeds made his statement a misrepresentation. . .
CitedTrail v Baring CA 1864
(Orse Traill v Baring) The court considered a misrepresentation by conduct before contract. Turner LJ said: ‘I take it to be quite clear, that if a person makes a representation by which he induces another to take a particular course, and the . .
CitedBrown v Raphael 1958
This was a sale of an absolute reversion in a trust fund. The particulars stated that: ‘Estate duty will be payable on the death of the annuitant who is believed to have no aggregable estate’ and the name of the solicitors who prepared the . .
CitedInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
CitedHorsfall v Thomas 1852
It is a necessary requirement for an action in misrepresentation, that the misrepresentation induced the other party to enter into the contract. . .
CitedSmith v London and House Property Corporation CA 1884
Bowen LJ said: ‘In considering whether there was a misrepresentation, I will first deal with the argument that the particulars only contain a statement of opinion about the tenant. It is material to observe that it is often fallaciously assumed that . .
CitedSmith v Chadwick HL 18-Feb-1884
Unclear Words Insufficient as Representation
A purchaser claimed to have entered into the contract in reliance on the truth of a misrepresentation by the seller. The plaintiff claimed damages for deceit through having been induced to buy shares in an iron company by false representations in a . .

Cited by:
See AlsoSpice Girls Ltd v Aprilla World Service BV ChD 5-Apr-2000
It was possible through conduct to make representations which could induce the other party to enter into a contract. Here the contract was entered into at a time when one of the group had decided to leave, but in the period before the contract had . .
See alsoSpice Girls Ltd v Aprilla World Service BV (No 3) ChD 20-Jul-2000
After trials and hearings as to the facts, as to damages, and as to costs, and where the parties had previously been shown draft judgments, and been invited to comment, the applicants sought to appeal, on the grounds that losses which had been . .
See AlsoSpice Girls Limited v Aprilia World Service Bv CA 24-Jan-2002
When considering the statutory right to rescind for innocent misrepresentation, the representation should be interpreted to bear the meaning in which it would reasonably be understood by the claimant, the natural and ordinary meaning which would be . .

Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Leading Case

Updated: 19 January 2022; Ref: scu.135788

Quartz Hill Consolidated Gold Mining Co v Eyre: CA 26 Jun 1883

The court considered whether an action lay without proof of special damage for maliciously presenting a winding up petition.
Held: There was. Though there was no general cause of action for maliciously bringing civil proceedings without reasonable and probable cause, an action for malicious prosecution could, however, be brought in specific cases. The absence of any reasonable cause or foundation of suspicion may be evidence of malice on the part of a prosecutor.
Brett MR said: ‘It seems to me that an action can be maintained for maliciously procuring an adjudication under the Bankruptcy Act 1869, because by the petition, which is the first process, the credit of the person against whom it is presented is injured before he can shew that the accusation made against him is false; he is injured in his fair fame, even although he does not suffer a pecuniary loss . . he is openly charged with insolvency before he can defend himself. It is not like an action charging a merchant with fraud, where the evil done by bringing the action is remedied at the same time that the mischief is published, namely, at the trial.
The present case, therefore, is reduced to this question, namely, is a petition to wind up a company more like an action charging fraud or more like a bankruptcy petition? In my opinion it is more like a bankruptcy petition, and the very touchstone of this point is that the petition to wind-up is by force of law made public before the company can defend itself against the imputations made against it; for the petitioner is bound to publicly advertise the petition seven days before it is to be heard and adjudicated upon.’
Bowen LJ said that: ‘the very institution of [insolvency] proceedings’ ‘strike home at a man’s credit’. An action for malicious prosecution was available, but ‘No mere bringing of an action, although it is brought maliciously and without reasonable or probable cause, will give rise to an action for malicious prosecution. In no action, at all events in none of the ordinary kind, not even in those based on fraud where there are scandalous allegations in the pleadings, is damage to a man’s fair fame the necessary and natural consequence of bringing the action.’ As to the costs incurred in defending a civil action, he said: ‘The bringing of an ordinary action does not as a natural or necessary consequence involve any injury to a man’s property, for this reason, that the only costs which the law recognises, and for which it will compensate him, are the costs properly incurred in the action itself. For those the successful defendant will have been already compensated, so far as the law chooses to compensate him. If the judge refuses to give him costs, it is because he does not deserve them: if he deserves them, he will get them in the original action: if he does not deserve them, he ought not to get them in a subsequent action. Therefore the broad cannon is true that in the present day, and according to the present law, the bringing of an ordinary action, however maliciously, and however great the want of reasonable and probable cause, will not support a subsequent action for malicious prosecution.’

Bowen LJ, Brett MR
(1883) 11 QBD 674, (1882-1883) 11 QBD 674, [1883] UKLawRpKQB 126
Commonlii
England and Wales
Citing:
CitedSavill v Roberts CCP 1790
. .

Cited by:
CitedGibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
CitedWatkins v Secretary of State for The Home Departmentand others CA 20-Jul-2004
The claimant complained that prison officers had abused the system of reading his solicitor’s correspondence whilst he was in prison. The defendant argued that there was no proof of damage.
Held: Proof of damage was not necessary in the tort . .
CitedMohammed Amin v Jogendra Kumar Bannerjee PC 1947
The Board considered an action for malicious prosecution. Sir John Beaumont said: ‘The foundation of the action lies in abuse of the process of the court by wrongfully setting the law in motion, and it is designed to discourage the perversion of the . .
CitedGregory v Portsmouth City Council CA 5-Nov-1997
The plaintiff councillor had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution.
Held: The categories of malicious prosecution are closed, and it was . .
CitedLand Securities Plc and Others v Fladgate Fielder (A Firm) CA 18-Dec-2009
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to . .
CitedGregory v Portsmouth City Council HL 10-Feb-2000
Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a . .
CitedCrawford Adjusters and Others v Sagicor General Insurance (Cayman) Ltd and Another PC 13-Jun-2013
(Cayman Islands) A hurricane had damaged property insured by the respondent company. The company employed the appellant as loss adjustor, but came to suspect advance payments recommended by him, and eventually claimed damages for deceit and . .
CitedWilliamson v The Attorney General of Trinidad and Tobago PC 3-Sep-2014
(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal . .
CitedWillers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Insolvency

Updated: 18 January 2022; Ref: scu.184705

Pierson v Post: CA 1805

Post and his hounds were pursuing a fox on waste ground in Long Island when Pierson intercepted and killed it. Post sued, claiming ownership of the fox, and won at trial. The court was asked: ‘Whether a person who, with his own hounds, starts and hunts a fox on waste and uninhabited ground, and is on the point of seizing his prey, acquires such an interest in the animal, as to have a right of action against another, who in view of the huntsman and his dogs in full pursuit, and with knowledge of the chase, shall kill and carry him away?’
Held: (Livingston J dissenting) On appeal, the judgment was reversed by the New York Supreme Court, the majority view being given by Justice Tompkins. Mere pursuit gave Post no legal right to the fox, but that he became the property of Pierson, who intercepted and killed him.

Tompkins J, Livingston J
(1805) 3 Caines 175
Bailii
United States
Cited by:
CitedBorwick Development Solutions Ltd v Clear Water Fisheries Ltd CA 1-May-2020
Only Limited Ownership of pond fish
BDS owned land with closed fishing ponds. They sold the land to the respondents, but then claimed that the fish, of substantial value, were not included in the contract. The court as asked whether the captive fish were animals ferae naturae or . .

Lists of cited by and citing cases may be incomplete.

Animals, Torts – Other

Updated: 18 January 2022; Ref: scu.650628

Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016

The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked whether discrimination because of, or on grounds of, immigration status amounts to discrimination because of, or on grounds of, nationality. The subsidiary question is whether the employers’ conduct amounted to indirect discrimination against persons who shared that nationality.
Held: The appeals failed: ‘This is not because these appellants do not deserve a remedy for all the grievous harms they have suffered. It is because the present law, although it can redress some of those harms, cannot redress them all. Parliament may well wish to address its mind to whether the remedy provided by section 8 of the Modern Slavery Act 2015 is too restrictive in its scope and whether an employment tribunal should have jurisdiction to grant some recompense for the ill-treatment meted out to workers such as these, along with the other remedies which it does have power to grant.’
The reasons for the abuse they suffered related to the immigration vulnerability as migrant workers, and not to their race.

Lady Hale, Deputy President, Lord Wilson, Lord Reed, Lord Hughes, Lord Toulson
[2016] UKSC 31, [2016] WLR(D) 319, [2016] IRLR 719, [2016] 1 WLR 2653, [2016] ICR 756, UKSC 2014/0105
Bailii, Bailii Summary, WLRD, SC, SC Summary
Equality Act 2010 13(1), Modern Slavery Act 2015
England and Wales
Citing:
At EATAkwiwu and Another v Onu EAT 1-May-2013
EAT Race Discrimination : Direct
Indirect
Post Employment
UNLAWFUL DEDUCTION FROM WAGES
NATIONAL MINIMUM WAGE
WORKING TIME REGULATIONS
The Claimant was a Nigerian woman who had . .
At CAOnu v Akwiwu and Another CA 13-Mar-2014
Two claimants, Nigerian women, came illegally to work as domestics. They suffered severe abuse by their employers. Whilst each received substantial awards, they appealed now from rejection of their claims for discrimination based upon the advantage . .
CitedMorris, Regina (on the Application of) v Westminster City Council and Another Admn 7-Oct-2004
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter . .
CitedAttorney General’s Reference (No 4 of 2004) CACD 22-Apr-2005
The defendant was accused of having racially abused the complainant by referring to him as an ‘immigrant doctor’ before the assault. The trial judge had held that the word ‘immigrant’ was so wide in its possible application as not to be capable of . .
CitedRogers, Regina v HL 28-Feb-2007
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime.
Held: (Baroness Hale of Richmond) ‘The mischiefs . .
CitedSchnorbus v Land Hessen ECJ 7-Dec-2000
ECJ Equal treatment for men and women – Rules on access to practical legal training in Land Hesse – Priority for applicants who have completed military or civilian service
Jacobs AG said: ‘The discrimination . .
CitedRogers, Regina v HL 28-Feb-2007
The House was asked whether the use of the phrases ‘bloody foreigners’ and ‘get back to your own country’ counted to make a disturbance created by the defendant a racially aggravated crime.
Held: (Baroness Hale of Richmond) ‘The mischiefs . .
CitedBressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise ECJ 13-Apr-2010
ECJ Citizenship of the Union Articles 18 and 21 TFEU Directive 2004/38/EC Article 24(1) Freedom to reside Principle of non-discrimination Access to higher education Nationals of a Member State moving to another . .
CitedPatmalniece v Secretary of State for Work and Pensions SC 16-Mar-2011
The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK.
Held: The appeal failed (Majority). The conditions imposed by the Regulations . .
CitedBull and Another v Hall and Another SC 27-Nov-2013
The court was asked ‘Is it lawful for a Christian hotel keeper, who sincerely believes that sexual relations outside marriage are sinful, to refuse a double-bedded room to a same sex couple?’ The defendants (Mr and Mrs Bull) appealed against a . .
CitedHounga v Allen and Another SC 30-Jul-2014
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging . .

Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Torts – Other

Updated: 18 January 2022; Ref: scu.565832

Ghadami v Bloomfield and Others: ChD 17 Jun 2016

Proceedings against 19 defendants for damages of up to andpound;36,000,000 for conspiracy, interference with a contract or business, inducing or procuring a breach of contract and causing loss by unlawful means. The court now explained how the court had dealt with a letter received from one party, and replied to allegations of bias.

Norris J
[2016] EWHC 1448 (Ch)
Bailii
England and Wales
Citing:
See AlsoGhadami v Bloomfield and Others CA 14-Jul-2015
. .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 18 January 2022; Ref: scu.565852

AXD v The Home Office: QBD 13 May 2016

Trial of the claim for damages by AXD (‘the Claimant’), a Somali refugee, for unlawful immigration detention, based on the common law tort of false imprisonment and the statutory tort under section 8 of the Human Rights Act 1998 in respect of alleged breaches of Articles 3 and/or 8 of the ECHR.

Jay J
[2016] EWHC 1133 (QB)
Bailii
England and Wales

Torts – Other

Updated: 16 January 2022; Ref: scu.564183

AM, Regina (on The Application of) v Secretary of State for The Home Department: CA 26 Apr 2012

AM claimed that she had been illegally detained, purportedly pursuant to paragraph 16(2) of the 1971 Act as an illegal immigrant pending removal.

Rix, Moses LJJ, Briggs J
[2012] EWCA Civ 521
Bailii
Immigration Act 1971 16(2)
England and Wales
Cited by:
CitedKV (Sri Lanka) v Secretary of State for The Home Department SC 6-Mar-2019
The claimant said that he had been tortured in Sri Lanka. The SSHD said the injuries were falsifications, inflicted at the claimant’s request.
Held: KV’s appeal succeeded, and the case was remitted for a fresh determination. The Istanbul . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Immigration

Updated: 16 January 2022; Ref: scu.453000

Lakatamia Shipping Co Ltd v Su and Others: ComC 8 Jul 2021

Alleged cause of action in unlawful means conspiracy as to whether the Defendants including the Second Defendant Toshiko Morimoto (‘Madam Su’) conspired together to injure Lakatamia by unlawful means, namely by the dissipation of two assets of Madam Su’s son,

The Hon Mr Justice Bryan
[2021] EWHC 1907 (Comm)
Bailii
England and Wales
Citing:
See AlsoLakatamia Shipping Co Ltd v Nobu Su and Others ComC 13-Feb-2014
. .
See AlsoLakatamia Shipping Company Ltd v Su and Others CA 14-May-2014
The claimant had obtained a freezing order in standard form against the defendant company. The Director of the company had similar sole positions in three other companies. The claimant obtained a similar order against the assets of the other . .
See AlsoLakatamia Shipping Company Ltd v Su CA 16-Sep-2019
Application for bail after committal for contempt on finding of guilt of numerous breaches of court orders relating to the case. . .
See AlsoLakatamia v Su CA 24-Sep-2019
Application for an extension of time for appeal against a committal order. The grounds for the committal were multiple breaches of freezing orders, orders requiring disclosure of assets and orders requiring the defendant not to leave the . .

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 16 January 2022; Ref: scu.667415

Amougou Mbarga, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Apr 2012

The Claimant seeks a declaration that his detention by the Secretary of State for the Home Department [‘SSHD’] was unlawful from 22 October 2010 to 5 March 2012, in addition seeking damaging and costs.

[2012] EWHC 1081 (Admin)
Bailii
England and Wales

Immigration, Prisons, Torts – Other

Updated: 16 January 2022; Ref: scu.453013

Lim and Others v Ong and Others: ChD 1 Nov 2021

The claimants make allegations of fraud against the defendants arising out of their business dealings. Against that background, Zacaroli J made both without notice freezing and disclosure orders against the defendants and, against F, a further order referred to as the quia timet injunction. The effect of the quia timet injunction was to restrain F from disposing of the assets of three specified companies, of which he was and is a director. That was in light of a concern that, unless otherwise restrained, he might take steps to dispose of such assets at an undervalue.

Mr Justice Adam Johnson
[2021] EWHC 3414 (Ch)
Bailii
England and Wales

Torts – Other

Updated: 15 January 2022; Ref: scu.670660

Govia Thameslink Railway Ltd v The Associated Society of Locomotive Engineers and Firemen: QBD 22 Apr 2016

Application by rail operator to restrain the defendant union from encouraging its members not to operae driver-only tains.
Held: There was an arguable case, and the balance of convenience lay in granting the order.

Langstaff J
[2016] EWHC 985 (QB)
Bailii
Trade Union and Labour Relations (Consolidation) Act 1992
England and Wales

Employment, Torts – Other

Updated: 14 January 2022; Ref: scu.563187

Kamoka and Others v The Security Service and Others: QBD 15 Apr 2016

Judgment on Defendant’s application for a strike out of the claims: ‘The essence of the claim advanced by the Claimants is that there has been a suppression of evidence, a breach of the ‘duty of candour’, and that had evidence not been suppressed, the proceedings in SIAC, and the Control Order proceedings, could not have been mounted.’

Irwin J
[2016] EWHC 769 (QB)
Bailii
England and Wales

Torts – Other

Updated: 14 January 2022; Ref: scu.562794

Jain and Another v Trent Strategic Health Authority: QBD 4 Dec 2006

Sir Douglas Brown
[2006] EWHC 3019 (QB)
Bailii
Registered Homes Act 1974 30
England and Wales
Cited by:
Appeal fromJain and Another v Trent Strategic Health Authority CA 22-Nov-2007
The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the 1984 Act. The authority appealed a finding that it owed such a duty.
Held: The . .
See AlsoTrent Strategic Health Authority v Jain and Another HL 21-Jan-2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by . .
See AlsoJain and another v The United Kingdom ECHR 16-Sep-2009
. .
See AlsoJain and another v The United Kingdom ECHR 9-Mar-2010
The applicants ran a Registered Nursing Home. The health authority, having concerns about its elderly residents, brought an ex parte application under section 30 of the Registered Homes Act 1984 for an order cancelling the Certificate of . .

Lists of cited by and citing cases may be incomplete.

Health Professions, Negligence, Torts – Other

Updated: 12 January 2022; Ref: scu.347109

Tarakhil v The Home Office: QBD 21 Oct 2015

The claimant, Zia Ul Haque Tarakhil claims damages for false imprisonment and wrongful detention and for the psychiatric consequences of that detention and aggravated damages for the high handed way that he was detained and in which his claim has been dealt with throughout by the defendant.

HH Judge Anthony Thornton QC
[2015] EWHC 2845 (QB)
Bailii
England and Wales

Torts – Other, Immigration

Updated: 12 January 2022; Ref: scu.554091

Houchin v Lincolnshire Probation Trust: QBD 9 Apr 2013

The defendant sought to have the claim struck out. The prisoner said that the defendant’s probation officer had through misfeasance in public office arranged for his transfer back to secure conditions from open ones. The parole board panel had found ‘It was clear to the panel that the decision to return Mr Houchin to closed conditions, both as recorded by . . and on any other basis not then considered, was flawed, unreasonable, ill-motivated and invalid in a public law sense.’ The Secretary of state had rejected the finding, and the defendant had found no evidence to support the allegations against the officer.
Held: The claim was struck out. There was no reason for the officer to dislike the claimant, nor to seek to defend the Service as alleged. Others had reached similar conclusions to his own. The claimant had no prospect of succeeding.

Supperstone J
[2013] EWHC 794 (QB)
Bailii
England and Wales
Citing:
CitedRacz v Home Office HL 17-Dec-1993
The Home Office can be liable for the actions of prison officers which amounted to an official misfeasance. The principles of vicarious liability apply as much to misfeasance in public office as to other torts involving malice, knowledge or . .
CitedThree Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
CitedHughes and others (By Their Litigation Friend) v Richards (Trading As Colin Richards and Co ) CA 9-Mar-2004
Parents and their children claimed against a tax adviser for negligence in relation to setting up an offshore trust. The defendant applied to strike out the children’s claim on the basis that the defendant owed them no duty of care and only the . .
CitedWatkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
CitedKaragozlu v Commissioner of Police of the Metropolis CA 12-Dec-2006
The claimant made a claim for misfeasance in public office. The defendant argued that such a claim required proof of special damage. The claimant said that the deprivation of liberty amounted to such damage. Whilst serving a prison sentence the . .

Lists of cited by and citing cases may be incomplete.

Prisons, Torts – Other

Updated: 12 January 2022; Ref: scu.472249

RAR v GGC: QBD 10 Aug 2012

The claimant alleged that the defendant, her stepfather, had sexually and otherwise assaulted her when she was a child. He had pleaded guilty to one charge in 1978, and now said that the claim was out of time. The claimant sought the extension of time for the claim on a just and equitable basis under section 33.
Held: The claim should be allowed to proceed. The abuse had given rise to psychological issue for the claimant which contributed to the delay. The defendant’s prosecution had caused him to reconsider his actions allowing the detailed defence he had in fact filed. The evidence of both parties remained cogent.
The defendant was unable to deny his conviction. He had been legally represented and had admitted the offence, and his plea now that it was entered under duress was ineffective. The issue was governed by section 11(2) of the 1968 Act.
The claim succeeded.The court awarded a total of andpound;470,034 damages including aggravated damages and interest.

Nicola Davies J
[2012] EWHC 2338 (QB)
Bailii
Limitation Act 1980 33, Civil Evidence Act 1968 11(2)
England and Wales
Citing:
Reversed by HoareStubbings v Webb and Another HL 10-Feb-1993
Sexual Assault is not an Act of Negligence
In claims for damages for child abuse at a children’s home made out of the six year time limit time were effectively time barred, with no discretion for the court to extend that limit. The damage occurred at the time when the child left the home. A . .
CitedA v Hoare HL 30-Jan-2008
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend . .
AppliedMcCauley v Vine 1999
Sir Patrick Russell considered the effect of section 11 of the 1968 Act, saying: ‘The closing words of that section ‘unless the contrary is proved’ provides in my judgment, the clearest possible mandate to a defendant in a road traffic accident case . .
CitedMcCauley v Vine 1999
Sir Patrick Russell considered the effect of section 11 of the 1968 Act, saying: ‘The closing words of that section ‘unless the contrary is proved’ provides in my judgment, the clearest possible mandate to a defendant in a road traffic accident case . .
CitedABB and Others v Milton Keynes Council QBD 21-Oct-2011
The claimants, now adults, each claimed that as children, the defendant had known of the prolonged and serious sexual abuse they had suffered at the hands of their father when children, and that it had failed to protect them from it. . .
CitedAT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .
CitedBJM v Eyre and Others QBD 12-Nov-2010
The claimant (in respect of whom an anonymity order had been made) claimed damages against the four defendants for personal injuries and financial loss arising from sexual and physical abuse of the claimant which took place between 2001 and 2003. . .
CitedEB v Haughton QBD 17-Feb-2011
The claimant alleged sexual assualt on her by the defendant when she was a child. . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other, Limitation, Evidence, Damages

Updated: 12 January 2022; Ref: scu.463642

Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012

The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was to be asked to act in a conveyancing matter. The solicitors told the police that they would inform the client of the approach, and if the client wished to proceed they would either seek consent to the transaction from the Serious Organised Crime Agency (SOCA), or, if the client objected, they would withdraw. The police officer said that the client should not be informed of their interest. Receiving instructions, the solicitor acted as requested, obtaining the SOCA consent, and notifying the police officer but not the client. Fuether notifications and conversations were held, and the client was coming under threat of violence. The officers sought arrest warrants against the solicitors, an arrest was made and search warrants executed. After many months on bail no action had been taken against the the claimants.
Held: All the claims failed. The court set out what must be established to justify the arrests – a genuine supsicion, a basis for that suspicion, sufficicient to a reasonable man, a genuine belief that an arrest was necessary, and a basis for that belief sufficient for a reasonable man in possession of the facts and the law.
Though there had been errors by the police there was intelligence to support the warrants, and the officer’s belief was genuine.
Here the first claimant had attended a former client at prison without informing his current representatives, and had made less than full disclosures to SOCA, even though acting in accordance with her understanding of the Guidance to the profession.
The officer’s belief was genuine and would have appeared proper to the reasonable man.
As to the arrests the officere belief in the nececssity fore the arrests was genuine and his actions would appear necessray to the reasonable man.

Globe J
[2012] EWHC 12 (QB)
Bailii
Criminal Justice and Police Act 2001 50, Constables Protection Act 1750 6, Criminal Justice and Police Act 2001 50 52 59
England and Wales
Citing:
CitedShields v Merseyside Police CA 17-Nov-2010
The claimant appealed against rejection of her claim for assault and false imprisonment. The officer arresting her wrongly believed that she had already been arrested, and it was said that he could not have gone through the steps necessary for an . .
CitedBritish Basic Slag Limited v Registrar of Restrictive Trading Agreements CA 1963
The court considered the meaning of section 6 of the 1956 Act. It was argued that the trial Judge had erred in holding that an arrangement within the meaning of the expression exists when, by communications between the parties, ‘each has . .
CitedAssociated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
CitedHussien v Chong Fook Kam PC 7-Oct-1969
(Malaysia) The Board considered the propriety of an arrest by the police. Lord Devlin said: ‘An arrest occurs when a police officer states in terms that he is arresting or when he uses force to restrain the individual concerned. It occurs also when . .
CitedHolgate-Mohammed v Duke HL 1984
A police officer had purported to arrest the plaintiff under the 1967 Act, suspecting her of theft. After interview she was released several hours later without charge. She sought damages alleging wrongful arrest. The judge had found that he had . .
CitedHayes v Merseyside Police CA 29-Jul-2011
The claimant had been arrested after a complaint of harassment. The officer then contacted the complainant who then withdrew his complaint. The officer went to visit the complainant to discuss it further. On his return the claimant was released from . .
CitedO’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
CitedCumming and others v Chief Constable of Northumbria Police CA 17-Dec-2003
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each . .
CitedRegina v Lewes Crown Court ex parte Hill 1991
Bingham LJ said: ‘The Police and Criminal Evidence Act governs a field in which there are two very obvious public interests. There is, first of all, a public interest in the effective investigation and prosecution of crime. Secondly, there is a . .
CitedRegina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others QBD 1-Oct-1997
Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely . .
CitedGibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
CitedRegina v Chesterfield Justices and Others, Ex Parte Bramley QBD 10-Nov-1999
When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles . .
CitedKeegan and Others v Chief Constable of Merseyside CA 3-Jul-2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
Held: The tort of malicious procurement of a search warrant required it to be established . .
CitedBell v The Chief Constable of Greater Manchester Police CA 19-Jul-2005
The claimant had sued over the way he was treated by the respondent in a fraud investigation. The court had dismissed his claims for wrongful arrest and false imprisonment. A prosecution had been commenced but dropped. The judge had held the arrest . .
CitedEnergy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
CitedKeegan v United Kingdom ECHR 18-Jul-2006
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate.
CitedBates and Another v Chief Constable of the Avon and Somerset Police and Another Admn 8-May-2009
The claimant had had computers seized by the defendant under searches despite his assertion that they contained legally privileged material. The claimant had been discredited as an expert witness in cases relating to the possession of indecent . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Police, Legal Professions, Human Rights

Updated: 12 January 2022; Ref: scu.450312

Coulson v Newsgroup Newspapers Ltd: QBD 21 Dec 2011

The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant had later refused to do so, saying that it was not obliged to pay fees in respect of unlawful conduct.
Held: The claim failed. Applying the principle of ex turpi cause non oritur actio, the contract did not give an indemnity to the claimant in respect of the costs of preparing to defend the criminal proceedings, which in any event, as yet, had not commenced.

Supperstone J
[2011] EWHC 3482 (QB)
Bailii
England and Wales
Citing:
MentionedClouston and Company Limited v Corry PC 1-Dec-1905
(New Zealand) . .
MentionedLaws v London Chronicle (Indicator Newspapers) Ltd CA 1959
Lord Evershed MR discussed the justification for summary dismissal: ‘It follows that the question must be whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of service. One . .
MentionedSinclair v Neighbour CA 1967
The manager of a betting shop took andpound;15 from the shop till for the purpose of gambling; he knew that he would not have been given permission to do so if he had asked. He put an IOU in the till and repaid the money next day. He was summarily . .
MentionedLewis v Motorworld Garages Ltd CA 1985
The court considered the circumstances under which an employee might resign and successfully claim constructive dismissal.
Glidewell LJ said: ‘This breach of this implied obligation of trust and confidence may consist of a series of action on . .
CitedInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
CitedNeary and Neary v Dean of Westminster 9-Jun-1999
Financial wrong-doing short of dishonesty can be a basis for summary dismissal. Gross misconduct sufficient to justify dismissal must in the particular circumstances so undermine the trust and confidence of an employer that he should no longer be . .
CitedMaga v The Trustees of The Birmingham Archdiocese of The Roman Catholic Church CA 16-Mar-2010
The claimant appealed against rejection of his claim for damages after alleging sexual abuse by a catholic priest. The judge had found the church not vicariously liable for the injuries, and that the archdiocese had not been under a duty further to . .
CitedBrink’s Global Services Inc and Others v Igrox Ltd and Another CA 27-Oct-2010
There was a sufficiently close connection between an employee’s theft of silver from a customer’s container and the purpose of his employment to make it fair and just that his employer be held vicariously liable for his actions. Moore-Bick LJ said: . .
CitedRegina v Brentwood Justices ex parte Jones QBD 1979
Proceedings had begun by arrest without warrant. Lord Widgery CJ said: ‘that the proceedings commenced when the suspect was taken to the police station pursuant to such arrest, and when he was formally charged in the presence of a station officer, . .
CitedRegina v Elliott CACD 1985
The defendant was faced with a charge under the 1882 Act. The prosecution required that the consent of the Attorney-General be given before proceedings commenced. The consent was only given after he had been charged, but before the trial.
CitedHick v Raymond and Reid HL 1893
The House was asked whether the consignee of a cargo was in breach of a contractual obligation to discharge the relevant vessel within a reasonable time, that is to say, a single obligation to do something within a reasonable time, rather than an . .
CitedSafeway Stores Ltd and Others v Twigger and Others CA 21-Dec-2010
The court was asked whether, when a company had been fined for anti-competitive practices, the company could then recover the penalties from the directors and senior employees involved.
Held: The undertaking was not entitled to recover the . .
CitedCadder v Her Majesty’s Advocate SC 26-Oct-2010
Statement without lawyer access was inadmissible
The accused complained that he had been convicted for assault and breach of the peace on the basis of a statement made by him during an interview with the police where, under the 1995 Act, he had been denied access to a lawyer.
Held: The . .
CitedMaga v The Trustees of The Birmingham Archdiocese of The Roman Catholic Church QBD 22-Apr-2009
There was a sufficiently close connection between the employment of a priest at the church and the abuse which he inflicted on the claimant to render it fair and just to impose vicarious liability for the abuse on his employer, the Archdiocese. . .
CitedAskey v Golden Wine Co Ltd 1948
Denning J said: ‘It is, I think, a principle of our law that the punishment inflicted by a criminal court is personal to the offender, and that the civil courts will not entertain an action by the offender to recover an indemnity against the . .
CitedSalduz v Turkey ECHR 27-Nov-2008
(Grand Chamber) The applicant had been taken into custody before he was interrogated during his detention by police officers of the anti-terrorism branch of the Izmir Security Directorate.
Held: There had been a violation of art 6(3)(c) of the . .
CitedHale, Regina (On the Application of) v North Sefton Justices Admn 14-Jan-2002
The court considered the words ‘in the proceedings’ in Regulation 7 of the 1986 Regulations. One issue was whether claims for attendance on the claimant prior to charge are for expenses incurred by the claimant ‘in the proceedings’. The court . .
CitedCorbett v Barking Havering and Brentwood Health Authority CA 1991
The Claimant was a child who would have been dependant on his deceased young mother only until adulthood. When the trial took place the infant Plaintiff was 11.5 with a dependency until the age of 18. As the multiplier calculated as at the date of . .

Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 12 January 2022; Ref: scu.450158

Howarth v Commissioner of Police of The Metropolis: QBD 3 Nov 2011

The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to be in possession of any materials for causing damage. The claimant said that the officer had no proper grounds of suspicion to justify the search.
Held: The claim failed.
McCombe J said: ‘The rights of expression and of assembly protected by the Convention are indeed precious in a democratic society. However, there is a significant danger of the law becoming ‘over precious’, in a rather different sense, about minimal intrusions into privacy and alleged indirect infringements of the rights of privacy, assembly and expression which are the price today of participation in numerous lawful activities conducted in large groups of people. I do not forget that many such activities, such as travel and attendance at sporting and entertainment events are not rights protected by the Convention. I also note the point made by the European Court in Gillan that persons attending private events and those travelling by air can be taken to consent to such searches. Expression and assembly, like those other lawful activities, are nonetheless encouraged and fostered, rather than hindered, by sensible and good natured controls by the authorities and the sensible and good natured acceptance of such controls by members of the public.’

Hallett LJ, McCombe J
[2011] EWHC 2818 (QB)
Bailii
European Convention on Human Rights 8 10 11, Police and Criminal Evidence Act 1984 1(3)
England and Wales
Citing:
CitedA (A juvenile) v The Queen 1978
Spitting on a police officer’s coat was held to be such a minor ‘damage’ to the coat as not to be criminal damage within the meaning of the 1971 Act at all. Though spitting on a raincoat which was likely to be cleaned easily with a damp cloth did . .
CitedCastorina v Chief Constable of Surrey CA 10-Jun-1988
Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) . .
CitedO’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
CitedCommissioner of Police of the Metropolis v Raissi CA 12-Nov-2008
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now . .
CitedCumming and others v Chief Constable of Northumbria Police CA 17-Dec-2003
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each . .
CitedKay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
CitedGillan and Quinton v The United Kingdom ECHR 12-Jan-2010
The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed.
Held: The powers given to the . .
CitedTabernacle v Secretary of State for Defence CA 5-Feb-2009
The claimant sought judicial review to test the validity of the bye-laws which prohibited them from camping on public land to support their demonstration.
Held: The bye-laws violated the claimant’s right to freedom of assembly and of . .
CitedGillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another HL 8-Mar-2006
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about . .
CitedThe Sunday Times v The United Kingdom (No 2) ECHR 26-Nov-1991
Any prior restraint on freedom of expression calls for the most careful scrutiny. ‘Freedom of expression constitutes one of the essential foundations of a democratic society subject to paragraph (2) of Article 10. It is applicable not only to . .
CitedLaporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
CitedHashman and Harrup v The United Kingdom ECHR 25-Nov-1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, . .

Cited by:
CitedMarshall v Crown Prosecution Service Admn 17-Jun-2015
A car was seen speeding. Husband and wife each said that they did not know who was driving it in response to notices requiring that information. Mrs M now appealed against her conviction under section 172. . .

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 12 January 2022; Ref: scu.448160

Coward v Harraden: QBD 2 Dec 2011

Parties had fought each other in wide ranging litigation. The claimant found covert surveillance devices in his home, and discovered evidence that the defendant may have information as to who had placed them. Earlier orders had been made for the disclosure of some information. The party opposing the claimant in the ongoing litigation then applied for these proceedings to be anonymised, and the claimant for the so far private applications to be published. The parties agreed on a way forward and now sought a consent order restricting publication, and as to costs.
Held: The court discussed the status of interim orders made at private hearings. Under CPR interim applications may be heard in private where made without notice and where it would be unjust to the respondent to allow publicity where he has not had opportunity to respond. The claimant said that the arrangement had been agreed to only when it became clear that the costs of this incidental litigation had become disproportionate. Though the interveners had in effect been successful in that the orders had remained private, considerations of open justice had been sufficient to justify the claimant’s attempts to bring the issue back before the courts. The litigation had been substantial, and the amounts involved reflected that, but the correct order was to make no order as to costs.

Tugendhat J
[2011] EWHC 3092 (QB)
Bailii
Civil Procedure Rules 44
England and Wales
Citing:
CitedEntick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
CitedHodgson and others v Imperial Tobacco Limited Gallagher Limited etc CA 12-Feb-1998
A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing . .
CitedHome Office v Lownds (Practice Note) CA 21-Mar-2002
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate.
Held: In such . .
CitedBinyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Costs

Updated: 12 January 2022; Ref: scu.449398

Lindsay v O’Loughnane: QBD 18 Mar 2010

The claimant had purchased Euros through a foreign exchange dealer. The dealer company became insolvent, causing losses to the claimant, who sought to recover from the company’s managing director, the defendant, saying that he was aware of the insolvency but had continued to trade using the claimant’s money to pay creditors rather than placing it in a client account.
Held: The claim succeeded. The Act was not to be used to evade liability for fraud, and ‘ the defendant did impliedly represent (i) that the business of FX Solutions was being carried out properly and legitimately, in other words that the company was not insolvent and (ii) that the claimant’s monies would be held on trust until used to buy foreign exchange for the claimant. On any view those representations were false to the knowledge of the defendant and were accordingly fraudulent, since by the time they were made on 5 June 2008, the defendant knew that FX Solutions was insolvent and that the monies paid by the claimant would not be held on trust but would be used to pay other creditors with a view to keeping the company afloat as long as possible by ‘robbing Peter to pay Paul’.

Flaux J
[2010] EWHC 529 (QB), [2012] BCC 153
Bailii
Statute of Frauds (Amendment) Act 1828 6
England and Wales
Citing:
CitedDerry v Peek HL 1-Jul-1889
The House heard an action for damages for deceit or fraudulent misrepresentation.
Held: The court set out the requirements for fraud, saying that fraud is proved when it is shown that a false representation has been made knowingly or without . .
CitedHornal v Neuberger Products Ltd CA 1956
Proof Standard for Misrepresentation
The court was asked what was the standard of proof required to establish the tort of misrepresentation, and it contrasted the different standards of proof applicable in civil and criminal cases.
Held: The standard was the balance of . .
CitedAIC Ltd v ITS Testing Services (UK) Ltd (‘the Kriti Palm’) CA 28-Nov-2006
The defendant appealed a finding of deceit. Having issued its certificate as to the quality of a cargo of gasoline, it then failed to disclose to the party who had paid it to produce the certificate, information it had which cast doubt on the . .
CitedDadourian Group International Inc and others v Simms and others CA 13-Mar-2009
Arden LJ summarised the approach to be taken by a court faced with an allegation of fraud: ‘Their Lordships affirmed the decision in Re H and provided an explanation of what Lord Nicholls’ judgment meant. Baroness Hale (with whom the other Law Lords . .
CitedContex Drouzhba Ltd v Wiseman and Another CA 20-Nov-2007
The defendant was a director of a company. He signed a letter for the company promising to pay for goods ordered. The representation was found to have been made fraudulently because he knew the company was insolvent, and unable to pay. He now . .
CitedDadourian Group International Inc and others v Simms and others ChD 10-Apr-2008
Warren J said: ‘As to that, the judge directed himself in law . . as follows: ‘it is a question of fact whether a representee has been induced to enter into a transaction by a material misrepresentation intended by the representor to be relied upon . .
CitedLyde v Barnard CExC 1836
The question before the court was whether a misrepresentation, that a particular fund in which Lord Edward Thynne had a life interest was charged with only three annuities, was a representation relating to Lord Edward’s credit or ability within the . .
CitedBriess v Woolley HL 1954
A fraudulent misrepresentation made in the course of pre-contractual discussions by a shareholder in a company. He was subsequently authorised by the other shareholders to continue the negotiations as their agent, and in due course a contract was . .
CitedStandard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4) HL 6-Nov-2002
Fraudulent Misrepresentation by Company Director
Fraudulent bills of lading had been issued in order to rely upon letters of credit issued by the bank. The director signing the bills sought to avoid personal liability, saying it was the Act of the company. The defendant company also appealed on . .
CitedPasley v Freeman 1789
Tort of Deceit Set Out
The court considered the tort of deceit. A representation by one person that another person was creditworthy was actionable if made fraudulently. A false affirmation made by the defendant with intent to defraud the plaintiff, whereby the plaintiff . .
CitedTrustor Ab v Smallbone and Another (No 2) ChD 30-Mar-2001
Directors of one company fraudulently diverted substantial sums to another company owned by one of them. The defrauded company sought return of the funds, from the company and from the second director on the basis that the corporate veil should be . .
CitedBen Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
CitedContex Drouzhba Ltd v Wiseman and Another CA 20-Nov-2007
The defendant was a director of a company. He signed a letter for the company promising to pay for goods ordered. The representation was found to have been made fraudulently because he knew the company was insolvent, and unable to pay. He now . .
CitedClaymore Services Ltd v Nautilus Properties Ltd TCC 20-Mar-2007
In order to reflect the principle that interest should reflect the status of the successful party and the rate at which they would be able to borrow commercially, the court may consider awarding a higher rate of interest than 1% over Bank of England . .

Cited by:
CitedGolden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another ComC 21-Jan-2011
The defendants sought to set aside orders allowing the claimants to serve proceedings alleging repudiation of a charterparty in turn allowing a claim against the defendants under a guarantee. The defendant said the guarantee was unenforceable under . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Company

Updated: 12 January 2022; Ref: scu.403367

Ajinomoto Sweeteners Europe Sas v Asda Stores Ltd: QBD 15 Jul 2009

The claimant said that the defendant’s characterisation of its own products as ‘Good for You’ by reference to a description saying that it did not include the claimant’s product as a component, was a malicious falsehood. The defendant sold other products which did include Aspartame. The court was asked to determine the meanings.
Held: The court interpreted its task in a malicious falsehood case, as opposed to a claim in defamation, not to be to decide on one meaning only.
Tugendhat J said: ‘the reason for the rule in defamation is to protect freedom of expression on the one hand, and the right to reputation on the other hand, striking a balance between the two. The rule is a control mechanism.’ The Claimant could have sued in defamation, but chose to sue in malicious falsehood. Where such a choice exists, it is in the interests of legal consistency, and of freedom of expression, that the same rule of interpretation should apply to both torts. Therefore the single meaning rule applies to the malicious falsehood alleged in the present case. The court accordingly settled on the meanings of the words complained of, rejecting the alleged implied meaning of ‘That aspartame is harmful or unhealthy.’

Tugendhat J
[2009] EWHC 1717 (QB), [2009] 3 WLR 1149, [2009] FSR 29, [2010] 1 QB 204
Bailii
European Convention on Human Rights 10
England and Wales
Citing:
CitedVodafone Group Plc v Orange Personal Communications Services Ltd ChD 1997
The court examined the development of the law in relation to comparative advertising. Jacob J said: ‘Prior to the coming into force of the Trade Marks Act 1994 comparative advertising using a registered trade mark of a competitor was, subject to . .
CitedBonnick v Morris, The Gleaner Company Ltd and Allen PC 17-Jun-2002
(Jamaica) The appellant sought damages from the respondent journalists in defamation. They had claimed qualified privilege. The words alleged to be defamatory were ambiguous.
Held: The publishers were protected by Reynolds privilege. The court . .
CitedGrubb v Bristol United Press Ltd CA 1963
Pearce LJ discussed the importance of the use of extrinsic facts in determining meaning in defamation cases, saying: ‘any innuendo (that is, any allegation that the words were used in a defamatory sense other than their ordinary meaning) cannot rely . .
CitedJones v Skelton PC 1963
(New South Wales) Lord Morris of Borth-y-Gest discussed how words subject to a claim in defamation should be read: ‘In deciding whether words are capable of conveying a defamatory meaning the court will reject those meanings which can only emerge as . .
CitedJeynes v News Magazines Ltd and Another CA 31-Jan-2008
Whether Statement defamatory at common law
The claimant appealed against a striking out of her claim for defamation on finding that the words did not have the defamatory meaning complained of, namely that she was transgendered or transsexual.
Held: The appeal failed.
Sir Anthony . .
CitedCharterhouse Clinical Research Unit Ltd v Richmond Pharmacology Ltd QBD 2003
Morland J said: ‘it is the duty of the courts to keep claims alleging trade libels within their proper bounds, particularly having regard to s.12(4) of the Human Rights Act 1998 and Article 10 of the Convention.’ . .
CitedCharleston and Another v News Group Newspapers Ltd and Another HL 31-Mar-1995
The plaintiffs were actors playing Harold and Madge Bishop in the Australian soap series ‘Neighbours’. They sued on a tabloid newspaper article which showed their faces superimposed on the near-naked bodies of models apparently engaged in sexual . .
CitedThe Capital and Counties Bank Limited v George Henty and Sons HL 1882
The defendant wrote to their customers saying ‘Henty and Sons hereby give notice that they will not receive in payment cheques drawn on any of the branches of the Capital and Counties Bank.’ The contents of the circular became known and there was a . .
CitedMacMillan Magazines Ltd v RCN Publishing 1998
Neuberger J approved the statement of Jacob J as to comparative marketing. . .
CitedSlim v Daily Telegraph Ltd CA 1968
Courts to Settle upon a single meaning if disputed
The ‘single meaning’ rule adopted in the law of defamation is in one sense highly artificial, given the range of meanings the impugned words sometimes bear. The law of defamation ‘has passed beyond redemption by the courts’. Where in a libel action . .
See AlsoAjinomoto Sweeteners Europe Sas v Asda Stores Ltd QBD 8-Apr-2009
The claimant alleged malicious falsehood against the defendant, which had advertised a campaign to remove ‘nasties’ from the food it sold, including a component, aspartame, supplied by the claimant. They pointed to its approval by many authorities, . .

Cited by:
Appeal FromAjinomoto Sweeteners Europe Sas v Asda Stores Ltd CA 2-Jun-2010
The claimant sold a sweetener ingredient. The defendant shop advertised its own health foods range with the label ‘no hidden nasties’ and in a situation which, the claimant said, suggested that its ingredient was a ‘nasty’, and it claimed under . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Defamation, Human Rights

Updated: 12 January 2022; Ref: scu.347760

Robot Arenas Ltd and Another v Waterfield and Another: QBD 8 Feb 2010

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 of what the Claimant has lost and of the damages that would be reasonable as between the Claimant and the Defendant must take into account the commercial usefulness of the goods to the Claimant. If the reality is that what was destroyed was commercially useless to the Claimant, that cannot be ignored in the assessment of damages.
The defendants had not discharged the burden on them of proving abandonment. Liability was not strict, and it had to be shown that the defendants knew or ought to have known that the goods belonged to a third party. That could not be shown in this particular case, and the claim failed.

Edelman QC J
[2010] EWHC 115 (QB)
Bailii
Torts (Interference with Goods) Act 1977
England and Wales
Citing:
CitedAVX v EGM Solders Ltd QBD 1-Jul-1982
The defendants had agreed to the return of defective spheres of solder which they had manufactured for the plaintiffs. By mistake, as well as returning the defective solder in one box, the plaintiffs returned twenty-one boxes of capacitors which . .
CitedMarcq v Christie, Manson and Woods Ltd CA 23-May-2003
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 . .
CitedThe Harmonides 1903
The measure of damages for the loss of a profitable ship is to include its economic value: ‘So that the real test, where there is no market is, as counsel on both sides agree, what is the value to the owners as a going concern, at the time the . .
CitedVoaden v Champion ( ‘Baltic Surveyor’ ) CA 31-Jan-2002
The ‘Baltic Surveyor’ was lost at its moorings in a storm. A neighbouring ship had been negligently secured, and freed itself and sank the Baltic Surveyor. The owner appealed findings as to the value of the boat, and securing pontoon. She asserted . .
CitedThe Harmonides 1903
The measure of damages for the loss of a profitable ship is to include its economic value: ‘So that the real test, where there is no market is, as counsel on both sides agree, what is the value to the owners as a going concern, at the time the . .
CitedSealce Shipping Company Limited v Oceanvoice Limited CA 1991
The parties contracted for the sale of a ship, including a spare propeller. When the ship was delivered there was no spare propeller. It was common ground that there was no market for second-hand propellers. So the only way of providing a spare . .
CitedDominion Mosaics Limited v Trafalgar Trucking Co Limited CA 1990
The claimant’s building was destroyed by fire as a result of the defendant’s negligence. It was impracticable to rebuild and so, to keep its business going the claimant bought a 36 year lease of another building with 20% more floor space. In the . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Agency, Torts – Other

Updated: 12 January 2022; Ref: scu.401924

Armstrong v Strain: QBD 1951

The necessary knowledge for the tort of deceit could not be found by adding the innocent mind of a principal, who knew facts which showed what his agent said to be untrue but did not know what the agent was saying, to the innocent mind of the agent who did not know that what he was saying was untrue.
Devlin J said: ‘A man may be said to know a fact when once he has been told it and pigeon-holed it somewhere in his brain where it is more or less accessible in case of need. In another sense of the word a man knows a fact only when he is fully conscious of it. For an action of deceit there must be knowledge in the narrower sense, and conscious knowledge of falsity must always amount to wickedness and dishonesty. When Judges say, therefore, that wickedness and dishonesty must be present, they are not requiring a new ingredient for the tort of deceit so much as describing the sort of knowledge which is necessary.’

Devlin J
(1951) 1 TLR 856
England and Wales
Citing:
Appealed toArmstrong v Strain CA 1952
(Upheld) . .

Cited by:
Appeal fromArmstrong v Strain CA 1952
(Upheld) . .
CitedChagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 12 January 2022; Ref: scu.186640

Consolidated Co v Curtis and Son: QBD 10 Nov 1891

An auctioneer who sold and delivered goods the subject of a bill of sale. An auctioneer who sells and delivers is liable in conversion because he is acting as more than a mere broker or intermediary.
Held: It is not easy to draw the line at the precise point where a dealing with goods by an intermediary becomes a conversion. The difficulty is diminished by remembering that in trover the original possession was by a fiction deemed to be lawful . . and some act had therefore to be shown constituting a conversion by the defendant of the chattel to his own use, some act incompatible with a recognition on his part of the continuous right of the true owner to the dominion over it. All acts which are consistent with the duty of a mere finder such as the safeguarding by warehousing or asportation for the like purpose, may well be looked upon as entirely compatible with the right of the true owner, and, therefore, as not constituting a conversion by the defendant. The test may be whether there is an intent to interfere in any manner with the title of or ownership in the chattel, not merely with the possession. The difficulty is rather in drawing the true inference from facts in particular cases than in grasping the principle. There can be no conversion by a mere bargain and sale without a transfer of possession. The act, unless in market overt, is merely void, and does not change the property or the possession: Lancashire Wagon Co. v Fitzhugh A fortiori, mere intervention as broker or intermediary in a sale by others is not a conversion.

Collins J
(1892) 1 QB 495, [1891] UKLawRpKQB 183
Commonlii
England and Wales
Citing:
CitedHollins v Fowler HL 1875
One who deals with goods at the request of the person who has the actual custody of them, in the bona fide belief that the custodier is the true owner, or has the authority of the true owner, should be excused for what he does if the act is of such . .

Cited by:
CitedMarcq v Christie, Manson and Woods Ltd CA 23-May-2003
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 . .
CitedWillis v British Car Auctions CA 1978
A car on hire purchase was sold and delivered by auctioneers on the instructions of the hirer. The main issue was whether the auctioneers’ liability was affected by the fact that the car had been sold under their provisional bid procedure.
Torts – Other, Agency

Updated: 12 January 2022; Ref: scu.182756

Middleton and Another v Person or Persons Unknown: QBD 28 Sep 2016

Continued Injunction against hacked materials

Application for continuation of an injunction to prevent the disclosure of private materials said to have been obtained by hacking the first claimant’s icloud account.

Whipple J
[2016] EWHC 2354 (QB)
Bailii
England and Wales
Cited by:
CitedCameron v Liverpool Victoria Insurance Co Ltd SC 20-Feb-2019
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. . .

Lists of cited by and citing cases may be incomplete.

Media, Torts – Other

Updated: 10 January 2022; Ref: scu.569656

Brett Wilson Llp v Person(s) Unknown, Responsible for The Operation and Publication of The Website www.solicitorsfromhelluk.com: QBD 16 Sep 2015

The claimant solicitors sought remedies against the unknown publishers of the respondent website which was said to publish material defamatory of them, and to ampunt to harassment.
Held: The alleged defamatory meanings were not challenged by the defendants. The pleaded allegations made out a case for the grant of injunctions against the defendants. The court assessed damages at andpound;10,000.

Warby J
[2015] EWHC 2628 (QB)
Bailii
Defamation Act 2013 10
England and Wales
Citing:
CitedBonnard v Perryman QBD 1891
The libel in issue was a very damaging one. Unless it could be justified at the trial it was one in which a jury would give the plaintiff ‘very serious damages’. The court was asked to grant an interlocutory injunction to restrain publication.
CitedLaw Society and others v Kordowski QBD 7-Dec-2011
Claim for injunctions requiring the Defendant, the publisher of the ‘Solicitors from Hell’ website (‘the Website’), to cease publication of the Website in its entirety and to restrain him from publishing any similar website. . .
CitedBloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others ChD 23-May-2003
The publishers had gone to great lengths to keep advance copies of a forthcoming book in the Harry Potter series secret. They became aware that some had been stolen from the printers and sought injunctions against the defendants and another unnamed . .
CitedStone and Another v WXY (Person or Persons Unknown) QBD 12-Nov-2012
The claimants sought an injunction against persons unknown to restrain them from harassing them in the period up to and at their forthcoming wedding by the taking of photographs. . .
CitedKerner v WX and Another QBD 29-Jan-2015
Application for continuation of anti-harassment injunction against persons unknown. . .
CitedNovartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty and Others QBD 27-Oct-2014
The claimant sought permanent worldwide injunctions against the defendants to restrain them from harrassing their staff. The companies were involved in medical research involving animal experiments.
Held: On the written evidence put before the . .
CitedSloutsker v Romanova QBD 5-Mar-2015
The claimant sued for libel in respect of the publication in this jurisdiction of allegations of fabricating evidence, conspiracy to murder, and the bribery and corruption of the prosecutor and judges in criminal proceedings. The defendant now . .
CitedQRS v Beach and Another QBD 22-May-2015
The court considered the appropriate procedure on an application for committal for contempt of court where the defendant had been served, but had taken no steps to respond or appear at court. . .
CitedLoutchansky v The Times Newspapers Ltd and Others (Nos 2 to 5) CA 5-Dec-2001
Two actions for defamation were brought by the claimant against the defendant. The publication reported in detail allegations made against the claimant of criminal activities including money-laundering on a vast scale. They admitted the defamatory . .
CitedThe Bussey Law Firm Pc and Another v Page QBD 6-Mar-2015
The claimant US law firm claimed in defamation after receiving an abusive review on an internet service maintained by Google. The defendant denied responsibility for the posting which had been made through his account, and said that had he been told . .
CitedHussein and Others v Hamilton Franks and Co Ltd and Another QBD 17-Jan-2013
The claimants sought damages in respect of comments made by the defendants on their website, alleging fraud. No defence or acknowledgement had been filed. The claimants sought summary judgment. A judgment by default was not available because they . .
CitedRobins v Kordowski and Another QBD 22-Jul-2011
robins_kordQBD11
The claimant solicitor said he had been defamed on the first defendant’s website (‘Solicitors from Hell’) by the second defendant. The first defendant now applied to set aside judgment entered by default. The claimant additionally sought summary . .
CitedFarrall v Kordowski QBD 2011
A posting on a website criticised the competence and integrity of a solicitor. The posting was thought to have been live for about a month. On an application under ss 8 and 9 of the 1996 Act in a claim which was undefended Lloyd-Jones J awarded . .

Cited by:
CitedCameron v Liverpool Victoria Insurance Co Ltd SC 20-Feb-2019
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Defamation

Updated: 10 January 2022; Ref: scu.552378

NPV v QEL and Another: QBD 28 Mar 2018

non-disclosure and harassment injunction

[2018] EWHC 703 (QB)
Bailii
England and Wales
Cited by:
CitedCameron v Liverpool Victoria Insurance Co Ltd SC 20-Feb-2019
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. . .

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 10 January 2022; Ref: scu.608379

Abdel-Khalek v Ali: CA 10 Feb 2016

This appeal concerns a claim in damages for alleged negligent misstatement which failed in the court below. The Claimant says that on the basis of the Judge’s primary findings of fact the claim should have succeeded

Tomlinson, Sales LJJ
[2016] EWCA Civ 80
Bailii
England and Wales

Torts – Other

Updated: 10 January 2022; Ref: scu.559739