Category: Commonwealth

Madden v UDC Finance Limited and others: PC 30 Oct 1997

(New Zealand) The company issued a debenture to secure the funds for the purchase of machinery, but the debenture was not at first dated. It was submitted that the addition of the dates changed the nature of the loan and was ineffective being insufficiently evidenced in writing.
Held: The insertion of the dates was a matter of pure form and was not a material alteration invalidating the charge. The guarantor alleged that since he had not consented to the sale of the equipment he was discharged from his guarantee. That argument failed from a proper construction of the agreement.

Judges:

Lord Browne-Wilkinson, Lord Lloyd of Berwick, Lord Hoffmann, Lord Saville, Mr Justice Gault

Citations:

[1997] UKPC 52

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Applied – Foster v Foster CA 16-Apr-2003
The marriage had been short, there were no children, both parties were working, and each could support themselves providing themselves with accomodation. The wife had successfully appealed a finding of the district judge for an equal distribution. . .
Lists of cited by and citing cases may be incomplete.

Company, Contract

Updated: 06 August 2022; Ref: scu.159265

Vincent v The Queen; Franklyn v the Queen: PC 30 Jun 1993

Jamaica- prosecution must provide copies of statements to defence. The provisions of section 20(1) and (6) of the Jamaican Constitution ‘do no more than codify in writing the requirements of the common law which ensure that an accused person receives a fair trial’.

Judges:

Lord Woolf

Citations:

Gazette 30-Jun-1993, [1993] 1 WLR 862

Jurisdiction:

Commonwealth

Cited by:

Cited – Director of Public Prosecutions and others v Tokai and others PC 12-Jun-1996
(Trinidad and Tobago) The appellant had been charged in 1981 with offences alleged to have been committed shortly before. The proceedings continued until his appeal for one was dismissed in 1988. The wounding charges were proceeded with only in . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Commonwealth, Constitutional

Updated: 06 August 2022; Ref: scu.90170

Walker and Another v Regina; Douglas v The Same; Glanville v Same: PC 4 Nov 1993

The Privy Council lacked jurisdiction to hear appeals against sentence on ground of delay, and until all domestic remedies have been exhausted.

Citations:

Times 04-Nov-1993, Gazette 19-Jan-1994, Independent 11-Nov-1993, [1994] 2 AC 36

Jurisdiction:

Commonwealth

Cited by:

Cited – The Attorney General for St Christopher and Nevis v Rodionov PC 20-Jul-2004
(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Human Rights, Commonwealth, Constitutional

Updated: 06 August 2022; Ref: scu.90245

Vasquez v The Queen; O’Neil v The Queen: PC 26 Oct 1994

(Belize) The burden of proof on provocation in a murder case remained with the prosecution despite the constitution. The Belize Criminal Code imposed no more than an evidential burden on the accused: ‘In their Lordships’ view section 116(a) of the Code, by placing the burden of proof of provocation upon an accused, is in conflict with section 6(3)(a) of the Constitution and must accordingly be modified to conform therewith. Their Lordships consider that section 116(a) should be construed as though the prefatory words of the section read: ‘A person who intentionally causes the death of another person by unlawful harm shall be deemed to be guilty only of manslaughter, and not of murder, if there is such evidence as raised a reasonable doubt as to whether he was deprived of the power of self-control by such extreme provocation given by the other person as is mentioned in section 117;’ and that the prefatory words of section 119 (1) should be construed as though they read: ‘Notwithstanding the existence of such evidence as is referred to in section 116(a) the crime of the accused shall not be deemed to be thereby reduced to manslaughter if it appear, either from the evidence given on his behalf, or from evidence given on the part of the prosecution . . ‘ It follows that the trial judge misdirected the jury on onus of proof and the conviction for murder must be quashed.’ A judge need not be astute to conjure up hypothetical situations in which provocation could conceivably have arisen if the issue is not directly raised in evidence. He should only direct the jury on provocation if there is evidence before the court which, if believed, might be taken by a reasonable jury to support this defence.

Judges:

Lord Jauncey of Tullichettle

Citations:

Gazette 26-Oct-1994, [1994] 1 WLR 1304, [1994] 3 All ER 674

Statutes:

Belize Criminal Code 115 to 119

Jurisdiction:

Commonwealth

Cited by:

Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Michael Yearwood v The Queen PC 26-Jun-2001
PC (Grenada) The defendant appealed against his conviction for murder. He claimed a misdirection on provocation.
Held: The judge’s direction had been over elaborate, and gave too much weight to the old law. . .
Cited – Browne v The Queen PC 6-May-1999
(St Christopher and Nevis) The appellant had been convicted of murder whilst still a youth. He had accordingly been sentenced to be detained ‘during [the Governor-General’s] pleasure; and if so sentenced he shall be liable to be detained in such . .
Lists of cited by and citing cases may be incomplete.

Crime, Commonwealth

Updated: 06 August 2022; Ref: scu.90128

Gomes v The State: PC 25 Feb 2015

Trinidad and Tobago – Appeal against sentence – the sentencing court was said not to have allowed for the time spent by the defendant on remand pending extradition from England.
Held: The appeal failed. The judge had correctly exercised the discretion to be allowed when taking into account time spent awaiting extradition.

Judges:

Lord Mance, Lord Sumption, Lord Reed, Lord Hughes, Sir Brian Leveson

Citations:

[2015] UKPC 8

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Callachand and Another v State of Mauritius PC 4-Nov-2008
(Mauritius) ‘In principle it seems to be clear that where a person is suspected of having committed an offence, is taken into custody and is subsequently convicted, the sentence imposed should be the sentence which is appropriate for the offence. It . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 03 August 2022; Ref: scu.543471

McNicholls v Judicial and Legal Service Commission: PC 17 Feb 2010

(Trinidad and Tobago) The appellant, the Islands’ chief magistrate appealed against a decision to proceed with disciplinary allegations against him. He had refused to give evidence in a prosecution of the then Chief Justice, though his own statement was the origin of the prosecution. He said that the decision to begin the disciplinary proceedings was ultra vires because the procedure should have given him opportunity to comment before the decision was made.
Held: The role of the investigating officer was not limited to the alleged offences passed to him. The appellant cannot have been unaware of the allegations he faced, and had been given opportunity to provide an explanation, and despite the leaking of the allegations a fair trial remained possible. The Board had not acted ultra vires and the appeal failed.

Judges:

Lord Phillips, Lady Hale, Lord Mance, Lord Clarke, Sir Jonathan Parker

Citations:

[2010] UKPC 6

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See also – Sharma v Brown-Antoine, Deputy Director of Public Prosecutions and others PC 30-Nov-2006
(Trinidad and Tobago) Complaint was made as to a decision to begin professional discliplinary proceedings against a senior member of the judiciary.
Held: Although a decision to prosecute was in principle susceptible to judicial review on the . .
Lists of cited by and citing cases may be incomplete.

Constitutional

Updated: 03 August 2022; Ref: scu.401633

O’Connor v Piccott and Another: PC 17 Feb 2010

(Jamaica) The parties agreed for the sale of land. The seller sought specific performance by the buyer. The buyer had said there was a problem of title. The appellant had failed to defend the proceedings, and appealed against judgment in default.
Held: The very long history of events was not properly laid out before the Board. Nevertheless the Board proceeded on the basis that the judgment was entered by default. The appeal court in refusing the appeal had failed to take account of the matters required to support the overriding objective of the court rules, in particular in failing to allow for later contracts entered into. The only way forward was for one court to decide the issues together as between the three interested parties, and the appeal was allowed for this to happen.

Judges:

Lord Saville, Lord Clarke, Sir Jonathan Parker

Citations:

[2010] UKPC 4

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

Cited – Strachan v The Gleaner Company Limited and Stokes PC 25-Jul-2005
PC (Jamacia) The plaintiff challenged an order setting aside a default assessment of damages in his claim for defamation. After the action was lost, two witnesses had come forward who might have allowed a defence . .
Cited – McPhilemy v Times Newspapers Ltd and Others (2) CA 26-May-1999
The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very extensive pleadings in defamation cases should now be . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Litigation Practice

Updated: 03 August 2022; Ref: scu.401634

Pao On and Others v Lau Yiu Long and Others: PC 9 Apr 1979

(Hong Kong) The board was asked whether a contract of guarantee had been obtained by duress.
Held: Lord Scarman said: ‘Duress, whatever form it takes, is a coercion of the will so as to vitiate consent. Their Lordships agree with the observation of Kerr J. in Occidental Worldwide Investment Corporation v. Skibs A/S Avanti [1976] 1 Lloyd’s Rep. 293, 336 that in a contractual situation commercial pressure is not enough. There must be present some factor ‘which could in law be regarded as a coercion of his will so as to vitiate his consent.’ This conception is in line with what was said in this Board’s decision in Barton v. Armstrong [1976] A.C. 104, 121 by Lord Wilberforce and Lord Simon of Glaisdale – observations with which the majority judgment appears to be in agreement. In determining whether there was a coercion of will such that there was no true consent, it is material to inquire whether the person alleged to have been coerced did or did not protest; whether, at the time he was allegedly coerced into making the contract, he did or did not have an alternative course open to him such as an adequate legal remedy; whether he was independently advised; and whether after entering the contract he took steps to avoid it. All these matters are, as was recognised in Maskell v. Horner [1915] 3 K.B. 106, relevant in determining whether he acted voluntarily or not.’
The Board also considered (obiter) whether english law recognises ‘economic duress’ and said: ‘the pressure must be such that the victim’s consent to the contract was not a voluntary act on his part. In their Lordships’ view, there is nothing contrary to principle in recognising economic duress as a factor which may render a contract voidable, provided always that the basis of such recognition is that it must amount to a coercion of will, which vitiates consent. It must be shown that the payment made or the contract entered into was not a voluntary act.’

Judges:

Lord Wilberforces, Viscount Dilhorne, Lord Simon of Glaisdale, Lord Salmon, Lord Scarman

Citations:

[1980] AC 614, [1979] UKPC 2, [1979] UKPC 17

Links:

Bailii, Bailii

Citing:

Cited – Occidental Worldwide Investment Corporation v Skibs A/S Avanti (The Siboen and Sibotre) 1976
The effect of a rescission of a compromise agreement settling the dispute may be to revive the original agreement. As to the liability of a principal for misrepresentations by his agent: ‘If one agent makes a fraudulent statement to another agent, . .
Cited – Skeate v Beale 1841
The tenant resisted a claim for the balance due under a contract, saying that the landlord in persuading him to agree to a rate of payment had subjected him to duress in threatening a distress.
Held: The plea of duress failed. . .

Cited by:

Cited – Jones v Morgan CA 28-Jun-2001
The claimant appealed against an order refusing him enforcement an agreement for the purchase of a one half share in a property. The judge had found the agreement to be unconscionable.
Held: The appeal was dismissed. The judge had wrongly . .
Cited – Universe Tankships Inc of Monrovia v International Transport Workers Federation HL 1-Apr-1981
A ship belonging to the appellants had been blacked by the defendant union. Negotiations to clear the threat resulted in payment by the appellants to a welfare fund of the defendant. The company sought its refund saying that it had been paid under . .
Cited – Progress Bulk Carriers Ltd v Tube City IMS Llc ComC 17-Feb-2012
The claimant sought to set aside an arbitration saying that the arbitrator had misapplied the test for economic duress. . .
Cited – CTN Cash and Carry v Gallaher CA 15-Feb-1993
The buyer paid a sum demanded by the seller who threatened otherwise to withdraw the credit facilities it provided to the buyer. The sum was not in fact due, but the demand had been made honestly. The buyer said the agreement was voidable for . .
Lists of cited by and citing cases may be incomplete.

Contract, Commonwealth

Updated: 30 July 2022; Ref: scu.372847

Barlow v the Queen: PC 8 Jul 2009

(New Zealand) – Appeal against rejection of appeal against conviction for murder – admission of new evidence.

Judges:

Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Neuberger of Abbotsbury, Sir Christopher Rose

Citations:

[2009] UKPC 30

Links:

Bailii

Commonwealth, Crime

Updated: 30 July 2022; Ref: scu.349078

Cabassi v Vila: 12 Dec 1940

High Court of Australia – The claim sought to sidestep the rule giving immuity to witnesses before a court by alleging a conspiracy to give false evidence.
Held: Starke J said: ‘But it does not matter whether the action is framed as an action for defamation or as an action analogous to an action for malicious prosecution or for deceit or, as in this instance, for combining or conspiring together for the purpose of injuring another: the rule of law is that no action lies against witnesses in respect of evidence prepared . . given, adduced or procured by them in the course of legal proceedings. The law protects witnesses and others, not for their benefit, but for a higher interest, namely, the advancement of public justice.’

Judges:

Rich ACJ, Starke, McTiernan and Williams JJ

Citations:

(1940) 64 CLR 130, [1940] HCA 41

Links:

Austlii

Jurisdiction:

England and Wales

Citing:

Cited – Dawkins v Lord Rokeby 1873
dawkins_rokeby1873
Police officers (among others) are immune from any action that may be brought against them on the ground that things said or done by them in the ordinary course of the proceedings were said or done falsely and maliciously and without reasonable and . .
Cited – Munster v Lamb CA 1883
Judges and witness, including police officers are given immunity from suit in defamation in court proceedings.
Fry LJ said: ‘Why should a witness be able to avail himself of his position in the box and to make without fear of civil consequences . .
Cited – Watson v M’Ewan HL 1905
A claim was brought against a medical witness in respect of statements made in preparation of a witness statement and similar statements subsequently made in court. The appellant was a doctor of medicine who had been retained by the respondent in . .

Cited by:

Approved – Marrinan v Vibert CA 2-Jan-1963
A tortious conspiracy was alleged in the conduct of a civil action. The plaintiff appealed against rejection of his claim.
Held: The appeal failed as an attempt to circumvent the immunity of a wirness in defamation by framing a claim in . .
Cited – Singh v Moorlands Primary School and Another CA 25-Jul-2013
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Torts – Other

Updated: 28 July 2022; Ref: scu.567938

Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment and Another (No 2): PC 13 Aug 2003

(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated.
Held: The Board of the Council did have power to grant an interim injunction to preserve the situation pending a final ruling. That power derived from the power of any superior court to supervise its own procedures. The principles to be applied were the general ones applying those from American Cynamid, amended as necessary to accord with the context of public law. However, here the very substantial works were already under way, the claimants were understandably unable to undertake for any damages, and the balance of convenience lay against the applicants, and no order should be made.

Judges:

Lord Walker of Gestingthorpe Sir Martin Nourse Sir Andrew Leggatt

Citations:

[2003] UKPC 63, Times 25-Sep-2003, Gazette 16-Oct-2003, [2004] 2 P and CR 2, [2004] Env LR 16, [2003] 1 WLR 2839

Links:

Bailii, PC, PC

Jurisdiction:

Commonwealth

Citing:

Cited – Thomas Reckley v The Minister of Public Safety and Immigration and others (Petition for a stay of execution) PC 13-Jun-1995
(The Bahamas) If a serious constitutional issue is fairly raised by an appeal as to the constitutionality of the death penalty, then the death penalty must be stayed. . .
Cited – Her Majesty’s Attorney General v Punch Limited and another HL 12-Dec-2002
A former MI5 agent, Mr Shayler, was to be prosecuted under the Official Secrets Act, and an injunction against publication was granted. The respondent published further works by Mr Shayler, and now appealed a finding that it had acted in contempt of . .
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .

Cited by:

See Also – Belize Alliance of Conservation Non-Governmental Organisations v The Department of the Environment Belize Electric Company Limited PC 29-Jan-2004
PC (Belize) Lord Walker said: ‘It is now clear that proceedings for judicial review should not be conducted in the same manner as hard fought commercial litigation. A Respondent authority owes a duty to the court . .
Cited – Tweed v Parades Commission for Northern Ireland HL 13-Dec-2006
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Litigation Practice, Environment

Updated: 28 July 2022; Ref: scu.185741

Belize Alliance of Conservation Non-Governmental Organisations v The Department of the Environment Belize Electric Company Limited: PC 29 Jan 2004

PC (Belize) Lord Walker said: ‘It is now clear that proceedings for judicial review should not be conducted in the same manner as hard fought commercial litigation. A Respondent authority owes a duty to the court to co-operate and to make candid disclosure, by way of affidavit, of the relevant facts and (so far as they are not apparent from contemporaneous documents which have been disclosed) the reasoning behind the decision challenged in the judicial review proceedings’.

Judges:

Lord Walker

Citations:

[2004] UKPC 6, [2004] Env LR 761, [2004] Env LR 38

Links:

Bailii, PC, PC, PC, PC

Jurisdiction:

Commonwealth

Citing:

See Also – Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment and Another (No 2) PC 13-Aug-2003
(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated.
Held: The Board of the Council did have power to grant an interim . .
Cited – Regina v Lancashire County Council ex parte Huddleston CA 1986
The respondent council had failed to allocate a university student grant to the claimant and the principle was directed at the duty of that authority to state clearly the reasons for its refusal and the particular factors that had been taken into . .

Cited by:

Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Judicial Review, Environment

Updated: 28 July 2022; Ref: scu.192647

Regina v Edwards Books and Art Ltd: 18 Dec 1986

Supreme Court of Canada – the limitation of the protected right must be one that ‘it was reasonable for the legislature to impose’, and that the courts were ‘not called upon to substitute judicial opinions for legislative ones as to the place at which to draw a precise line’.
‘a business corporation cannot possess religious beliefs’. And
‘In interpreting and applying the Charter I believe that the courts must be cautious to ensure that it does not simply become an instrument of better situated individuals to roll back legislation which has as its object the improvement of the condition of less advantaged persons’
Legislative drafting is a difficult art and Parliament cannot be held to a standard of perfection.

Judges:

Dickson CJ

Citations:

[1986] 2 SCR 713, (1986) 35 DLR (4th) 1, 30 CCC (3d) 385, 86 CLLC 14, 55 CR (3d) 193

Links:

Canlii

Statutes:

Canadian Charter of Rights and Freedoms to life, liberty and security

Jurisdiction:

Canada

Cited by:

Cited – Bank Mellat v Her Majesty’s Treasury (No 2) SC 19-Jun-2013
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .
Cited – Ali and Bibi, Regina (on The Applications of) v Secretary of State for The Home Department SC 18-Nov-2015
At the claimants alleged that the rules requiring a foreign spouse or partner of a British citizen or a person settled in this country to pass a test of competence in the English language before coming to live here were an unjustifiable interference . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Human Rights

Updated: 26 July 2022; Ref: scu.535119

Green v Half Moon Bay Hotel (Antigua and Barbuda): PC 2 Jun 2009

The claimant appealed on the basis that the appeal court had not given reasons for its decision rejecting his appeal.
Held: There were real grounds to doubt elements of the applicant’s version of events, but in essence the appeal had been about whether any arguable issue of law arose. None had in fact been shown. The claimant had been able to understand why his appeal was rejected, and ‘where an appeal is possible only on a point of law quite brief reasons may be sufficient.’

Judges:

Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury

Citations:

[2009] UKPC 23

Links:

Bailii

Citing:

Applied – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Litigation Practice

Updated: 26 July 2022; Ref: scu.346617

Icebird Ltd v Winegardner: PC 2 Jun 2009

(The Bahamas) The parties disputed the existence of a right of way. The appellant issued proceedings to claim that the right of way had been obstructed. After inordinate delay, it was struck out.
Held: The appeal succeeded. There had been inordinate delay, but the defendant had not been prejudiced, and this was not a case of flagrant disinterest in pursuing the claim. A fair trial remained possible.

Judges:

Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Neuberger of Abbotsbury

Citations:

[2009] UKPC 24

Links:

Bailii

Citing:

Cited – Birkett v James HL 1977
Exercise of Power to Strike Out
The court has an inherent power to strike out an action for want of prosecution, and the House set down the conditions for its exercise. The power is discretionary and exercisable only where (a) there has been inordinate and inexcusable delay and . .
Cited – Grovit and others v Doctor and others HL 24-Apr-1997
The plaintiff began a defamation action against seven defendants. Each had admitted publication but pleaded justification. The claims against the fourth to seventh defendants were dismissed by consent, and the third had gone into liquidation. The . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Land

Updated: 26 July 2022; Ref: scu.346618

Norbrook Laboratories Ltd v Bomac Laboratories Ltd: PC 4 May 2006

(New Zealand) B agreed to license manufacture and distribute N’s veterinary treatment in New Zealand. They agreed for confidentiality of the information disclosed to B. The distributorship was to be ended, and B sought to engage another party to manufacture a similar preparation. In the course of arranging this, it was said to have disclosed essential and confidential. The appeal was against a ruling that the respondent had not broken its agreement with regard to the confidential information.
Held: The appeal succeeded. Though the defendant may have thought the information not confidential, it was in fact – not having been made public.

Judges:

Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Carswell, Lord Mance, Sir Martin Nourse

Citations:

[2006] UKPC 25

Links:

Bailii

Jurisdiction:

Commonwealth

Commonwealth, Intellectual Property

Updated: 26 July 2022; Ref: scu.241472

Boodhoo, Jagram, (suing on behalf of themselves and the Sanatan Dharma Sudhar Sadha) v The Attorney General of Trinidad and Tobago: PC 1 Apr 2004

PC (Trinidad and Tobago) The complainant said that his constitutional rights had been infringed by the court’s delay. Proceedings had begun in 1987 for redress with regard to a land dispute. There was substantial delay in the appeal, and at one point a judge had died after hearing the application but before he had delivered his judgement. Neither party could afford the necessary rehearing, and nor were they offered financial assistance.
Held: The constitution did not give a right to a hearing within any time frame. When the application was framed as a ‘protection of the law’ issue, the court should look first to the quality of the justice provided, and not its time frame. Different considerations applied for the failure to hand down a judgment as opposed to a failure to provide a hearing. A delay in producing a judgment deprived a party of his right to the protection of the law only where the judge ceased to be able to provide it, or the parties were unable to obtain the necessary benefit. A close definition of what delay was required for an infringement would not be fruitful. In this particular case a delay of 12 months was not unacceptable, and nor did the state deny protection by not providing financial assistance where a new trial became necessary.

Judges:

Lord Nicholls of Birkenhead, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2004] UKPC 17, Times 09-Apr-2004, [2004] 1 WLR 1689

Links:

Bailii, PC

Jurisdiction:

England and Wales

Citing:

Cited – Goose v Wilson Sandford and Co and Mainon CA 13-Feb-1998
A judge was properly criticised for failing to write up a judgment when the witness’ evidence was still fresh in his mind. A two year delay required a re-trial.
Peter Gibson LJ explained the potential effect of delay on the formulation and . .
Mentioned – Sookermany v Director of Public Prosecutions 1-May-1996
The Court of Appeal of Trinidad and Tobago dismissed an appeal against refusal of constitutional relief claimed on the ground of undue delay:- ‘As there are admittedly measures available to a trial judge to negative the prejudicial effect on the . .
Cited – Director of Public Prosecutions and others v Tokai and others PC 12-Jun-1996
(Trinidad and Tobago) The appellant had been charged in 1981 with offences alleged to have been committed shortly before. The proceedings continued until his appeal for one was dismissed in 1988. The wounding charges were proceeded with only in . .
Cited – Maharaj v Attorney General of Trinidad and Tobago (No 2) PC 27-Feb-1978
(Trinidad and Tobago) The appellant barrister has been convicted of contempt. The Board had previously found the conviction improper because the basis of the complaint had not been made clear to him. The appellant now sought damages for his . .
Cited – Cobham v Frett PC 18-Dec-2000
(British Virgin Islands) Two issues arose. First, what was the consequence of inordinate delay between a judge hearing a case and giving his decision, and secondly, how was the law of adverse possession to be applied in cases of interrupted or . .

Cited by:

Cited – Campbell v Hamlet (as executrix of Simon Alexander) PC 25-Apr-2005
(Trinidad and Tobago) The appellant was an attorney. A complaint was made that he had been given money to buy land, but neither had the land been conveyed nor the money returned. The complaint began in 1988, but final speeches were not heard until . .
Cited – Bond v Dunster Properties Ltd and Others CA 21-Apr-2011
The defendant appealed against the judge’s findings as to fact delivered some 22 months after the hearing.
Held: The appeal failed. Though such a delay must require the court carefully to investigate the judgment, it did not of itself . .
Lists of cited by and citing cases may be incomplete.

Constitutional

Updated: 26 July 2022; Ref: scu.195698

Carreras Group Limited v The Stamp Commissioner: PC 1 Apr 2004

PC (Jamaica) The transfer of shares in exchange for a debenture with a view to its redemption a fortnight later was not regarded as an exempt transfer in exchange for the debenture but rather as an exchange for money. Elements which have been inserted into a transaction without any business or commercial purpose did not prevent the composite transaction from falling within a charge to tax or bring it within an exemption from tax.

Judges:

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2004] UKPC 16, [2004] STC 1377, [2004] BTC 8077, [2004] STI 990

Links:

Bailii, PC

Jurisdiction:

England and Wales

Cited by:

Cited – Barclays Mercantile Business Finance Ltd v Mawson (HM Inspector of Taxes) HL 25-Nov-2004
The company had paid substantial sums out in establishing a gas pipeline, and claimed those sums against its tax as capital allowances. The transaction involved a sale and leaseback arrangement which the special commissioners had found to be a . .
Cited – UBS Ag and Another v Revenue and Customs SC 9-Mar-2016
UBS AG devised an employee bonus scheme to take advantage of the provisions of Chapter 2 of the 2003 Act, with the sole purpose other than tax avoidance, and such consequential advantages as would flow from tax avoidance. Several pre-ordained steps . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 26 July 2022; Ref: scu.195697

Lewis, Taylor and Mcleod, Brown, Taylor and Shaw v the Attorney General of Jamaica and Another: PC 12 Sep 2000

(Jamaica) When the Privy Council considered a petition for mercy by a person sentenced to death, it could not revisit the decision, but could look only at the procedural fairness of the system. The system should allow properly for representations, and the necessary disclosures to be made. Such a petition should be the last step in the process, and should not be complete until other international bodies had considered applications to them. In this case also the extent of delay was sufficient to constitute unusual and inhuman treatment. The constitutional guarantee of ‘due process of law’ and the right to ‘the protection of the law’ are equivalent.
Dissenting, Lord Hoffmann drew attention to the evils which would follow if the power to overrule previous decisions of the Privy Council were exercised too readily.

Citations:

Times 11-Oct-2000, [2000] UKPC 35, [2001] 2 AC 50, [2000] 3 WLR 1785

Links:

Bailii, PC

Jurisdiction:

England and Wales

Citing:

Cited – Kanda v Government of the Federation of Malaya PC 2-Apr-1962
A police Inspector had been dismissed on a finding of an offence against discipline. . He complained that he had not been allowed to see the report of the Board of Inquiry which contained prejudicial material and which had been relied upon by the . .
Cited – Mitchell v WT Grant Company 13-May-1974
(Supreme Court of the USA) Stewart J said: ‘A basic change in the law upon a ground no firmer than a change in our membership invites the popular misconception that this institution is little different from the two political branches of the . .
Cited – Planned Parenthood of Southeastern Pennsylvania v Casey 29-Jun-1992
(Supreme Court of the USA) The Court discussed the grounds upon which it would depart from precedent and why it would not overrule its equally controversial decision on abortion in Roe v. Wade.
Held: ‘no judicial system could do society’s work . .

Cited by:

Cited – Haroon Khan v The State PC 20-Nov-2003
PC (Trinidad and Tobago) The appellant had been convicted of felony murder. He was one of four engaged in a robbery, where the victim received fatal injuries.
Held: The felony murder rule had been . .
Cited – In re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
Cited – Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor) PC 28-Jun-2005
(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution.
Held: Section 8 of the Constitution, like its analogue article 6 of the European . .
Cited – Purdy, Regina (on the Application of) v Director of Public Prosecutions HL 30-Jul-2009
Need for Certainty in Scope of Offence
The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the . .
Cited – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Cited – Miller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Natural Justice, Commonwealth, Constitutional

Updated: 25 July 2022; Ref: scu.159423

Takitota v the Attorney General and others: PC 18 Mar 2009

(Bahamas) The applicant a tourist had been wrongfully detained in appalling conditions in the Bahamas for over eight years after he lost his documents. He now appealed against an award of $500,000 dollars compensation.
Held: ‘it would not be appropriate to make an award both by way of exemplary damages and for breach of constitutional rights. When the vindicatory function of the latter head of damages has been discharged, with the element of deterrence that a substantial award carries with it, the purpose of exemplary damages has largely been achieved. ‘ The figure for exemplary damages should not be disturbed. The main award was however miscalculated. Where an award represented past losses, it was wrong to discount it for the receipt of a capital sum. The Board would not substitute its own calculation, and therefore remitted the question.

Judges:

Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2009] UKPC 12

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Inniss v The Attorney General of Saint Christopher and Nevis PC 30-Jul-2008
(Saint Christopher and Nevis) . .
Cited – Merson v Cartwright, The Attorney General PC 13-Oct-2005
(Bahamas) The defendant police had appealed the quantum of damages awarded to the claimant for assault and battery and false imprisonment and malicious prosecution, saying that she had been doubly compensated. The claimant now appealed reduction of . .
Cited – Cassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .
Cited – Attorney General of Trinidad and Tobago v Ramanoop PC 23-Mar-2005
(Trinidad and Tobago) A police officer had unjustifiably roughed up, arrested, taken to the police station and locked up Mr Ramanoop, who now sought constitutional redress, including exemplary damages. He did not claim damages for the nominate torts . .
Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Subiah v The Attorney General of Trinidad and Tobago PC 3-Nov-2008
(Trinidad and Tobago) The Board considered the extent of damages for infringement of the claimant’s constitutional rights. He had been on board a bus. He complained when a policeman was allowed not to buy a ticket. The same constable arrested him as . .

Cited by:

Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 July 2022; Ref: scu.322752

National Insurance Corp v Winmark Ltd: PC 16 Mar 2009

(Saint Lucia) The Board considered the relative priorities of a fixed and floating charge over company assets and its obligations to pay national insurance contributions.

Judges:

Lord Hoffmann, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood, Lord Mance

Citations:

[2009] UKPC 8

Links:

Bailii

Jurisdiction:

Commonwealth

Commonwealth, Insolvency

Updated: 23 July 2022; Ref: scu.320880

The Carron Iron Company Proprietors v Maclaren, Dawson, Stainton: PC 23 Jul 1855

If the circumstances of a case are such as would make it the duty of one court in this country to restrain a party from instituting proceedings in another court here, they will also warrant it in imposing on him a similar restraint with regard to proceedings in a foreign court.
The fact of a foreigner having property in this country, enables the Court here to make effectual an injunction issued to him; but, especially in the case of a foreigner who seeks no assistance from the courts here, the issuing of such injunction ought clearly to be shown to be required as conducive to justice.

Judges:

Lord Cranworth LC

Citations:

[1855] EngR 700, (1855) 5 HLC 416, (1855) 10 ER 961, (1855) HL Cas 416, [1855] UKPC 1

Links:

Commonlii, Bailii

Cited by:

Cited – In re Nortel Companies and Others SC 24-Jul-2013
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency.
Held: Liabilities which arose from financial support directions or contribution notices . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Company, Jurisdiction

Updated: 23 July 2022; Ref: scu.292622

Cosnahan v Grice: PC 12 Jul 1862

Isle of Man – The Board emphasised the burden of proof in claims to have received a donatio mortis causa: ‘Cases of this kind demand the strictest scrutiny. So many opportunities, and such strong temptations, present themselves to unscrupulous persons to pretend these death bed donations, that there is always danger of having an entirely fabricated case set up. And, without any imputation a fraudulent contrivance, it is so easy to mistake the meaning of a person languishing in a mortal illness, and, by a slight change of words, to convert their expressions of intended benefit into an actual gift of property, that no case of this description ought to prevail, unless it is supported by evidence of the clearest and most unequivocal character.’

Citations:

[1862] EngR 910, (1862) 15 Moo PC 215, (1862) 15 ER 476, [1862] UKPC 12

Links:

Commonlii, Bailii

Cited by:

Cited – King v The Chiltern Dog Rescue and Another CA 9-Jun-2015
This is an appeal by charities who are entitled to inherit under a will against a decision that (a) the deceased transferred her house to her nephew by a donatio mortis causa, alternatively (b) the nephew is entitled to recover 75,000 pounds against . .
Cited – King v Dubrey and Others ChD 1-Jul-2014
The claimant said that before her death, the now deceased testator had handed the deeds of the house to him saying that she was giving the house to him. He said it was a donatio mortis causa gift. . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Commonwealth

Updated: 23 July 2022; Ref: scu.287076

Radanath Doss And Others v Gisborne And Co: PC 19 Jan 1871

ER (Fort William (Bengal)) A usufructuary mortgage, to run over a certain number of years, was executed in 1828 by a member of a joint Hindoo family, with the consent of the other members, to R., who afterwards sold the mortgaged estate to H. and H, whose Agent R. was. H. and If. subsequently, in 1811 and 2851, conveyed the estate tn, G. and Co., as an absolute purchaser in fee. In a suit for redemption of the mortgage brought in 1864 G and Co. set up as a defence their title as bona fide Purchasers without notice, and, having been in possession more than twelve years, pleaded the Limitation of suits Act, NO. XIV of 1859, sect. 6, as a bar to the suit. Held : First, that the onus was on G and Co. to establish by clear and satiefactory evidence the termination of the mortgage and the absolute sale by the mortgagees to R . the root of their title; and, in the absence of such proof, that the transaction in 1841 and 1851 was merely an assignment of the mortgage and, Secondly in the circumstances that G and Co were not Purchasers within the true construction of section 5 of Act No XIV of 1859, to entitle them to the benefit of the twelve years’ limitation as a bar to the suit for redemption.

Citations:

[1871] EngR 1, (1871) 14 Moo Ind App 1, (1871) 20 ER 687, [1871] UKPC 2

Links:

Commonlii, Bailii

Jurisdiction:

England and Wales

Land, Commonwealth

Updated: 22 July 2022; Ref: scu.280182

Allan J Panozza and Co Pty Ltd v Allied Interstate (Qld) Pty Ltd: 1976

(New South Wales) A statutory limitation on damages deemed to be incorporated into a contract of carriage is ‘an express limitation upon the substantive liabilities.’

Judges:

Street CJ

Citations:

[1976] 2 NSWLR 192

Jurisdiction:

Australia

Cited by:

Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 21 July 2022; Ref: scu.242985

Attorney General of the Cayman Islands v Cleaver and others: PC 6 Jun 2006

(The Cayman Islands) The Attorney General sought to intervene after the Court of Appeal had decided that court approval of an insolvency practitioner’s fees was not required.
Held: On a matter of public concern such as this where the court had made a decision inconsistent with a stautory scheme, the Attorney General had sufficient standing to appeal. His appeal succeeded.

Citations:

[2006] UKPC 28, Times 29-Jun-2006

Links:

Bailii

Jurisdiction:

Commonwealth

Litigation Practice

Updated: 21 July 2022; Ref: scu.242919

Berger and Light Diffusers Pty v Pollock: 1974

Citations:

[1974] CLY 3612

Jurisdiction:

England and Wales

Cited by:

Applied – Pan 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 . .
Lists of cited by and citing cases may be incomplete.

Insurance, Commonwealth

Updated: 21 July 2022; Ref: scu.194950

Sammut and others v Manzi and others: PC 4 Dec 2008

(the Bahamas) The court was asked to construe a will.
Lord Phillips said: ‘The starting point when construing any will is to attempt to deduce the intention of the testator by giving the words of the will the meaning that they naturally bear, having regard to the contents of the will as a whole. Sometimes it is legitimate to have regard to extrinsic evidence in order to show that words used had a special meaning to the testator, but it has not been suggested that this is such a case.
Extrinsic evidence of the testator’s intention may also be admissible to resolve uncertainty or ambiguity . .
There were placed before their Lordships no less than 17 decided cases, some of which involved decisions on wording that bore some similarity with that used in the present case. Little assistance in construing a will is likely to be gained by consideration of how other judges have interpreted similar wording in other cases. Counsel rightly recognised that the starting point must be to look at the natural meaning of the wording of the will to be construed without reference to other decisions or to prima facie principles of construction.’

Judges:

Lord Phillips of Worth Matravers, Lord Hope of Craighead, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell

Citations:

[2008] UKPC 58, [2009] 1 WLR 1834, [2009] 2 All ER 234

Links:

Bailii

Jurisdiction:

Commonwealth

Cited by:

Cited – Jump and Another v Lister and Another ChD 12-Aug-2016
Omnibus Survivorship Clauses
Wills for two people hade been drafted with survivorship clauses which provided for others according to the order in which they died, but in the event, having died together it had been impossible to say which died first. The parties disputed the . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Wills and Probate

Updated: 21 July 2022; Ref: scu.279093

Vancouver General Hospital v McDaniel: PC 27 Jul 1934

British Columbia A hospital owes a duty to establish adequate procedures to safeguard patients from cross-infection. Howeber it was a good defence to show that the defendants had acted in accordance with a general practice.
Lord Alness said: ‘A defendant charged with negligence can clear [himself] if he shows that he has acted in accord with a general and approved practice.’

Judges:

Lord Alness

Citations:

[1934] 56 LT 56, [1934] UKPC 60

Links:

Bailii

Cited by:

Cited – Bralsford v Conoco Ltd CA 14-Feb-1997
The employers appealed against a finding of negligence causing the plaintiff personal injury. The plaintiff lorry driver for the defendants, had his boot lace caught as he was on top of the tanker. He fell, but was left suspended. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Commonwealth

Updated: 19 July 2022; Ref: scu.277722

Subiah v The Attorney General of Trinidad and Tobago: PC 3 Nov 2008

(Trinidad and Tobago) The Board considered the extent of damages for infringement of the claimant’s constitutional rights. He had been on board a bus. He complained when a policeman was allowed not to buy a ticket. The same constable arrested him as he got off the bus. False charges were laid and he spent a night in the cells and was abused by the officer and others. Charges were dropped only several months later. He sought aggravated and or exemplary damages.
Held: Lord Bingham noted that when deciding whether to award vindicatory damages, the answer ‘is likely to be influenced by the quantum of the compensatory award, as also by the gravity of the constitutional violation in question to the extent that this is not already reflected in the compensatory award’.

Judges:

Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Carswell, Lord Brown of Eaton-under-Heywood, Lord Mance

Citations:

[2008] UKPC 47

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Inniss v The Attorney General of Saint Christopher and Nevis PC 30-Jul-2008
(Saint Christopher and Nevis) . .
Cited – Attorney General of Trinidad and Tobago v Ramanoop PC 23-Mar-2005
(Trinidad and Tobago) A police officer had unjustifiably roughed up, arrested, taken to the police station and locked up Mr Ramanoop, who now sought constitutional redress, including exemplary damages. He did not claim damages for the nominate torts . .
Cited – Merson v Cartwright, The Attorney General PC 13-Oct-2005
(Bahamas) The defendant police had appealed the quantum of damages awarded to the claimant for assault and battery and false imprisonment and malicious prosecution, saying that she had been doubly compensated. The claimant now appealed reduction of . .
Cited – Brown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
Cited – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .

Cited by:

Cited – Takitota v the Attorney General and others PC 18-Mar-2009
(Bahamas) The applicant a tourist had been wrongfully detained in appalling conditions in the Bahamas for over eight years after he lost his documents. He now appealed against an award of $500,000 dollars compensation.
Held: ‘it would not be . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Takitota v The Attorney General and Others PC 18-Mar-2009
Bahamas – The claimant appeald as to the amount of compensation awarded to him for his unlawful detention for over eight years, in appalling prison conditions. The Court of Appeal categorised his treatment not only as ‘less than humane’ but as a . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Damages, Constitutional

Updated: 19 July 2022; Ref: scu.277532

Hosking and Hosking v Simon Runting and Another: 25 Mar 2004

(Court of Appeal of New Zealand) A photographer was commissioned to take photographs of the children of a well known television personality. He took pictures of Mr Hosking’s eighteen month old twins being pushed down a street by their mother. Mr and Mrs Hosking sought injunctions to prevent publication of the photograph relying on a cause of action for breach of confidence and for breach of privacy.
Held: The court identified two distinct versions of the tort of breach of confidence in English law: ‘One is the long-standing cause of action under which remedies are available in respect of use or disclosure where the information has been communicated in confidence. Subject to possible ‘trivia’ exceptions and to public interest (iniquity) defences, those remedies are available irrespective of the ‘offensiveness’ of the disclosure. The second gives a right of action in respect of publication of personal information of which the subject has a reasonable expectation of privacy irrespective of any burden of confidence.’
The taking of photographs in a public street must be taken to be one of the ordinary incidents of living in a free community, and there was no cause of action in tort for breach of privacy based upon the publication of photographs taken in a public place and the action for breach of confidence required there to be established a reasonable expectation of privacy in respect of matters whose publication would be considered highly offensive to an objective reasonable person.

Judges:

Gault P, Keith J, Blanchard J, Tipping J, Anderson J

Citations:

[2004] NZCA 34, [2005] 1 NZLR 1, (2004) 7 HRNZ 301

Links:

Worldlii

Jurisdiction:

England and Wales

Citing:

Applied – Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd 15-Nov-2001
(High Court of Australia) The activities of a company which processed possum meat for export (‘what the processing of possums looks,and sounds like’) were not such as to attract the quality of being confidential for the purpose of the law protecting . .

Cited by:

Criticised – Associated Newspapers Ltd v Prince of Wales CA 21-Dec-2006
The defendant newspaper appealed summary judgment against it for breach of confidence and copyright infringement having published the claimant’s journals which he said were private.
Held: Upheld, although the judge had given insufficient . .
Cited – Murray v Express Newspapers Plc and Another ChD 7-Aug-2007
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence.
Held: The . .
Cited – Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers CA 7-May-2008
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim . .
Cited – Weller and Others v Associated Newspapers Ltd CA 20-Nov-2015
The three children of a musician complained of the publication of photographs taken of them in a public place in California. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 19 July 2022; Ref: scu.247606

Wright v Davidson: 7 Feb 1992

(British Columbia Court of Appeal) The court rejected a claim for damages for a suicide after the deceased claimant had suffered injury in a road collision because the conscious decision of the deceased to take her own life had occurred without any ‘disabling mental illness’ indicative of ‘an incapacity in her faculty of volition’; ‘she made a conscious decision, there being no evidence of disabling mental illness to lead to the conclusion that she had an incapacity in her faculty of volition.’

Citations:

(1992) 88 DLR (4th) 698, 1992 CanLII 1020 (BC BA), [1992] 3 WWR 611, (1992), 64 BCLR (2d) 113

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – Corr v IBC Vehicles Ltd CA 31-Mar-2006
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant . .
Approved – Corr v IBC Vehicles Ltd HL 27-Feb-2008
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Negligence, Damages

Updated: 19 July 2022; Ref: scu.240046

Canterbury Pipe Lines v The Christchurch Drainage Board: 1979

(New Zealand Court of Appeal) ‘In Hatrick the term ‘fairness’ was avoided in the judgments, Richmond J saying that he resisted it partly because of its vagueness and partly because it might be regarded as equivalent to natural justice. . . . In our opinion it should be held in the light of these authorities that in certifying or acting under Clause 13 here the Engineer, though not bound to act judicially in the ordinary sense, was bound to act fairly and impartially. Duties expressed in terms of fairness are being recognised in other fields of law also, such as immigration. Fairness is a broad and even elastic concept, but it is not altogether the worse for that. In relation to persons bound to act judicially fairness requires compliance with the rules of natural justice. In other cases this is not necessarily so.’

Judges:

Cooke J

Citations:

(1979) 16 BLR 76

Jurisdiction:

England and Wales

Citing:

Cited – Sutcliffe v Thackrah and Others HL 1974
In acting under clause 66 of the ICE conditions, the Engineer was in the intermediate position of a quasi-arbitrator. The House described in terms of ‘fairness’ the duty of an architect when acting not as an arbitrator or quasi-arbitrator but in the . .

Cited by:

Cited – Amec Civil Engineering Ltd v Secretary of State for Transport CA 17-Mar-2005
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no . .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 19 July 2022; Ref: scu.224305

Re Baronetcy of Pringle of Stichill: PC 20 Jun 2016

Her Majesty requires the Board to advise as to (i) who is now entitled to be entered on the Official Roll of the Baronetage as the Baronet of Pringle of Stichill and (ii) whether the evidence resulting from the obtaining of a DNA sample from Sir Steuart Robert Pringle in late 2009 or early 2010 should be admitted in order to determine the first question.

Judges:

Lord Neuberger, Lady Hale, Lord Mance, Lord Clarke,Lord Reed, Lord Hughes, Lord Hodge

Citations:

[2016] UKPC 16, [2016] WLR(D) 314, 2016 SLT 723, 2016 GWD 20-360, [2016] WTLR 1117, [2016] 1 WLR 2870, [2017] 1 All ER 106

Links:

Bailii

Statutes:

Judicial Committee Act 1833 4

Jurisdiction:

Scotland

Wills and Probate

Updated: 19 July 2022; Ref: scu.565714

Melwood Units Pty Limited v The Commissioner of Main Roads: PC 23 May 1978

(Queensland) The Board considered the compensation payable on the compulsory purchase of land for the purpose of an expressway between Brisbane and Combabah. At the date of compulsory acquisition the project had reached the stage where it was reasonable to assume that a strip of the appellant’s land would be acquired for the expressway. The Land Appeal Court assessed compensation on the basis that the value of the land was to be arrived at by adjusting the price paid by the appellant for it in the light of the proposal. The Full Court of the Supreme Court of Queensland took the view that the question of the status and effect of the expressway proposal raised issues of fact upon the valuation but no question of law.
Held: A failure to properly apply the Point Gourde principle did disclose a question of law. The Pointe Gourde principle is part of the ‘common law deriving as a matter of principle from the nature of compensation for resumption or compulsory acquisition.’ The principle operates both with respect to the consequential enhancement and adverse effect of a scheme for public works upon resumed land. A resuming authority cannot by its project of resumption destroy the potential for the highest and best use of the land and then resume land severing it from part of the previous holding, on the basis that the destroyed potential never existed. The principle remains applicable where planning permission is refused for development for the highest and best use of the whole of the land, because of the apprehended use of part of the land for a public purpose.
Lord Russell of Killowen said: ‘Under the principle in Point (sic) Gourde Quarrying and Transport Co Ltd v Sub-Intendent of Crown Lands [1947] A.C. 565 the landowner cannot claim compensation to the extent to which the value of his land is enhanced by the very scheme of which the resumption forms an integral part: that principle in their Lordships’ opinion operates also in reverse. A resuming authority cannot by its project of resumption destroy the potential of the [land to be resumed] and then resume and sever on the basis that the destroyed potential had never existed.’
(Queensland)

Judges:

Lord Russell of Killowen

Citations:

[1979] AC 426, [1978] UKPC 10

Links:

Bailii

Jurisdiction:

Australia

Cited by:

Cited – Homes and Communities Agency v JS Bloor (Wilmslow) Ltd SC 22-Feb-2017
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development.
Held: The tribunal’s application of these difficult provisions to the complex facts of this case . .
Lists of cited by and citing cases may be incomplete.

Land, Damages, Commonwealth

Updated: 19 July 2022; Ref: scu.443340

Edmunds v Armstrong Funeral Home Ltd: 1931

(Canada – Court of Appeal of the Alberta Supreme Court) A widower claimed damages for the unlawful carrying out of an autopsy on the body of the claimant’s deceased wife. The claim was dismissed by the judge at first instance on the ground that it disclosed no cause of action.
Held: The Court allowed the appeal: ‘If then, as seems clearly established, the plaintiff had the right to the custody and control of the remains of his deceased wife any unauthorised interference with that right, such as is alleged, was an invasion of his right and would give a cause of action.’

Judges:

Harvey CJA

Citations:

[1931] DLR 676

Jurisdiction:

Canada

Cited by:

Cited – AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust QBD 26-Mar-2004
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Lists of cited by and citing cases may be incomplete.

Commonwealth, Wills and Probate

Updated: 18 July 2022; Ref: scu.195015

Director of Public Prosecutions of the Virgin Islands v Penn: PC 8 May 2008

(British Virgin Islands) The Board considered a case about a failure to comply with the statutory provisions for the empanelling of jurors to try a criminal case. Lord Mance said: ‘The modern tendency is no longer to seek to identify or distinguish between mandatory and directory acts, but the Board’s judgment in the Montreal Street Railway case [1917] AC 170 underlines the need for careful examination of the relevant legislation, to ascertain the purpose of statutory procedures for the empanelling of an array and whether an intention should be attributed to the legislature that non-compliance with such procedures should render a jury trial a nullity, irrespective whether it may have occasioned potential unfairness or prejudice.’

Citations:

[2008] UKPC 29

Links:

Bailii

Citing:

Cited – The Montreal Street Railway Company and Another v Roch Normandin PC 23-Jan-1917
(Quebec) . .

Cited by:

Cited – TTM v London Borough of Hackney and Others CA 14-Jan-2011
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the . .
Cited – TTM v London Borough of Hackney and Others CA 14-Jan-2011
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Criminal Practice

Updated: 14 July 2022; Ref: scu.267721

Panday v Virgil: PC 9 Apr 2008

(Trinidad and Tobago) The defendant’s appeal against conviction had succeeded on the basis of apparent bias in the tribunal. He now appealed the order remitting the case to be reheard, saying that a fair trial was no longer possible.
Held: The appeal failed. Provided that unfairness did not affect the way in which the prosecution had arisen or the facts on which it was based or the ability now to hold fair trial, there was no abuse in remitting the case.
‘It will readily be seen that the factor common to all these cases, indeed the central consideration underlying the entire principle, is that the various situations in question all involved the defendant standing trial when, but for an abuse of executive power, he would never have been before the court at all. In the wrongful extradition cases the defendant ought properly not to have been within the jurisdiction; only a violation of the rule of law had brought him here. Similarly, in the entrapment cases, the defendant only committed the offence because the enforcement officer wrongly incited him to do so. True, in both situations, a fair trial could take place, but, given that there should have been no trial at all, the imperative consideration became the vindication of the rule of law.’

Judges:

Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood and Lord Neuberger of Abbotsbury

Citations:

Times 11-Apr-2008, [2008] UKPC 24

Links:

Bailii

Citing:

Cited – Sharma v Brown-Antoine, Deputy Director of Public Prosecutions and others PC 30-Nov-2006
(Trinidad and Tobago) Complaint was made as to a decision to begin professional discliplinary proceedings against a senior member of the judiciary.
Held: Although a decision to prosecute was in principle susceptible to judicial review on the . .
Cited – Regina v Looseley (orse Loosely); Attorney General’s Reference No 3 of 2000 HL 25-Oct-2001
Police Entrapment is no defence to Criminal Act
The defendant complained of his conviction for supplying controlled drugs, saying that the undercover police officer had requested him to make the supply.
Held: It was an abuse of process for the police to go so far as to incite a crime.
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Cited – Alexander Benedetto v The Queen (No and William Labrador v The Queen (No 2) PC 20-Oct-2003
PC British Virgin Islands . .

Cited by:

Cited – Maxwell, Regina v SC 20-Jul-2011
The defendant had had his conviction for murder set aside after a finding of gross prosecutorial misconduct by the police. The Court was now asked as to the propriety of the order for a retrial. The police involved in the case had misled the CPS, . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Criminal Practice, Limitation

Updated: 14 July 2022; Ref: scu.266535

Zeller v British Caymanian Insurance Company Ltd: PC 16 Jan 2008

(Cayman Islands) The Board considered the effect of a misdeclaration on a proposal for medical insurance.
Lord Bingham considered a statement which was said to be ‘complete and correct to the best of my knowledge and belief’. Lord Bingham stated: ‘It is unnecessary to rehearse these authorities in detail, since it is clear in the Board’s opinion that the basis of this contract, as it affected Mr Zeller, was that the statements made by Mr Zeller in the application form were true to the best of his knowledge and belief. This was expressly stated three times in the form, and the incompleteness of the statement at the very end of the form seems likely, having regard also to the absence of punctuation, to be attributable to a typographical error. It was not stated in the form, as is often done, that the applicant’s warranty that his answers were true to the best of his knowledge and belief was to be the basis of the contract, but that was plainly to be understood. Ms Corbett drew attention to the parenthesis in condition (b) at the end of the form (see para 7 above: ‘if such statements are fraudulent or material to the acceptance of this application’), but this immediately follows a warranty of correctness to the best of the applicant’s knowledge and belief. It cannot, consistently with the rest of the form, be read as entitling the insurer to cancel the policy if a material fact is not disclosed despite the applicant answering the insurer’s questions fully to the best of his knowledge and belief. Thus the judge was right to regard the real question as being whether Mr Zeller, if he honestly believed he was answering the questions truthfully, was guilty of non-disclosure, and Ms Corbett was correct to tie her submissions, as she expressly did, to the questions Mr Zeller answered. This approach is entirely consistent with that of the Court of Appeal of England and Wales in Economides v Commercial Assurance Co Plc [1998] QB 587, 598, 599, where the duty of the applicant was held to be one of honesty.’

Judges:

Lord Bingham

Citations:

[2008] UKPC 4, [2008] Lloyd’s LR IR 545

Links:

Bailii

Cited by:

Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd CA 4-Oct-2013
The housing association was to develop an estate of social housing, supported by an insurance guarantee. The insurance proposal contained a clause stating that the information in the proposal was to form the basis of the policy, and that the policy . .
Cited – Genesis Housing Association Ltd v Liberty Syndicate Management Ltd TCC 8-Nov-2012
Insurers had rejected a claim under the policy, saying that the proposal form had included a basis of insurance declaration warranted by the proposer, and that since it had named a main contractor different to the one named, there was no liability . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Insurance

Updated: 13 July 2022; Ref: scu.263864

Kruber v Grzesiak: 1963

The plaintiff had issued a writ claiming damages for personal injuries caused by negligent driving more than three years after the accident, and now wanted to amend the writ by adding a claim for trespass to the person based on the same facts. The court asked whether the applicable limitation Act covered an allegation of unintentional trespass to the person.
Held: Adams J said: ‘I would see no sufficient reason for excluding an action for trespass to the person] from the description of an action for damages for breach of duty, especially when it is provided that the duty may be one existing independently of any contract or any provision made by or under a statute. After all, do not all torts arise from breach of duty – the tort of trespass to the person arising from the breach of a general duty not to inflict direct and immediate injury to the person of another either intentionally or negligently in the absence of lawful excuse? The substance of the matter appears to be that section 5(6) is intended to provide a special limitation period of three years for actions in which damages for personal injuries are claimed. No doubt, as was pointed out in argument, this intention might have been achieved by the use of other and perhaps simpler and more direct language, but that does not seem to be a sufficient reason for not giving to the language chosen its full meaning.’

Judges:

Adams J

Citations:

[1963] VR 621

Jurisdiction:

Australia

Cited by:

Adopted – Letang v Cooper CA 15-Jun-1964
The plaintiff, injured in an accident, pleaded trespass to the person, which was not a breach of duty within the proviso to the section, in order to achieve the advantages of a six-year limitation period.
Held: Trespass is strictly speaking . .
Cited – A 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 . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Limitation, Torts – Other

Updated: 12 July 2022; Ref: scu.266153

Seymour v The Queen: PC 5 Nov 2007

(Bermuda) The appellant was arrested after going to hospital complaining that a bag of heroin he had swallowed had burst. He had been intending to leave the country for Miami where the drug would be sold. He appealed against his conviction for possessiong controlled drugs with intent to supply them, saying that the Act required any supply intended to be within the jurisdiction.
Held: The appeal succeeded. Analysing the legislation, the plain effect was to restrict the commission of the offence to circumstances where any envisaged supply would be within the jurisdiction.

Judges:

Lord Hoffmann, Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury

Citations:

[2007] UKPC 59, [2008] 2 WLR 355, [2008] 1 AC 713

Links:

Bailii

Cited by:

Cited – Regina v Hussain, S CACD 28-Jan-2010
The defendant appealed against conviction for possession of controlled substances with intent to supply. He said that he had imported the substances (Class C controlled drugs and counterfeit medecines) but had intended to supply them overseas only. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 12 July 2022; Ref: scu.261490

United Shoe Machinery Company of Canada v Brunet: PC 23 Mar 1909

(Quebec) The defendant Company leased machinery under a condition that it should not be used in conjunction with machinery made by any other manufacturer.
Held: The condition was not in restraint of trade.

Citations:

[1909] AC 330, [1909] UKPC 10

Links:

Bailii

Cited by:

Cited – Esso Petroleum Co Ltd v Harper’s Garage (Stourport) Ltd HL 1968
Agreement in Restraint of Trade Unenforceable
The defendant ran two garages under solus agreements with the plaintiffs who complained when the defendants began to purchase petrol from cheaper alternative sources. The House was asked whether the solus agreements were be regarded in law as an . .
Lists of cited by and citing cases may be incomplete.

Contract, Commonwealth

Updated: 12 July 2022; Ref: scu.259690

Hussien 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 by words or conduct he makes it clear that he will, if necessary, use force to prevent the individual from going where he may want to go.’
In order to have a reasonable suspicion the officer need not have evidence amounting to a prima facie case: ‘Suspicion in its ordinary meaning is a state of conjecture or surmise where proof is lacking: ‘I suspect but I cannot prove’. Suspicion arises at or near the starting point of an investigation, of which the obtaining of prima facie proof is the end. When such proof has been obtained, the police case is complete; it is ready for trial and passes on to its next stage. It is indeed desirable as a general rule that an arrest should not be made until the case is complete. But if arrest before that is forbidden, it could seriously hamper the police’ and ‘There is another distinction between reasonable suspicion and prima facie proof. Prima facie proof consists of admissible evidence. Suspicion can take account matters that could not be put in evidence at all.’

Judges:

Lord Devlin

Citations:

[1970] AC 942, [1969] UKPC 26, [1970] 2 WLR 441, [1969] 3 All ER 1626

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – O’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 . .
Cited – Murray 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 . .
Cited – Commissioner 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 . .
Cited – Armstrong v Chief Constable of West Yorkshire Police CA 5-Dec-2008
The Chief Constable appealed against a finding that the claimant had been arrested for rape without reasonable grounds. A description of the rapist had been given which the claimant met in several respects, but from which he clearly differed in . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Commonwealth

Updated: 11 July 2022; Ref: scu.258665

Gujadhur and others v Gujadhur and Another: PC 26 Jul 2007

(Mauritius) In a family company, some shares were held as nominees. When called to retransfer them, they said the agreement was statute-barred.
Held: The requirements of the refere procedure were satisfied and that a mandatory order should be granted.

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2007] UKPC 54

Links:

Bailii

Citing:

Cited – Films Rover International Ltd v Cannon Film Sales Ltd 1987
The grant of an interlocutory injunction, whether prohibitory or mandatory, depends on what is sometimes called the balance of convenience but is more accurately an assessment of whether granting or withholding the injunction at that stage is more . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Company

Updated: 11 July 2022; Ref: scu.258517

Jersey Fishermen’s Association Ltd and others v States of Guernsey: PC 2 May 2007

Guernsey. The Board considered the limits of the power of the States of Guernsey to legislate by Ordinance.

Judges:

Lord Scott of Foscote, Lord Phillips of Worth Matravers, Lord Rodger of Earlsferry, Lord Brown of Eaton-under-Heywood, Lord Mance

Citations:

[2007] UKPC 30, [2007] Eu LR 670

Links:

Bailii

Cited by:

Cited – Barclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others SC 22-Oct-2014
Constitutional Status of Chanel Islands considered
The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Constitutional

Updated: 10 July 2022; Ref: scu.251626

Western Broadcasting Services v Seaga: PC 29 Mar 2007

(Jamaica) The Claimant was the former Prime Minister of Jamaica. The Defendant was a radio broadcaster which had transmitted a programme said to be defamatory of him. The parties agree a settlement on terms including publication of ‘an apology acceptable to the Claimant to be drafted by the Claimant’s Attorneys-at-Law for broadcasting on Hot 102 and CVM Television. The Attorneys-at-Law to decide on the number of times the apology would be published on each medium’. A dispute arose as to whether this agreement had effected a binding settlement of the action. held: It had not. The agreement had two lacunae which had not been agreed and were impossible to fill, namely the terms of the apology and the number of times it was to be broadcast. ‘There may be cases in which the matter remaining to be negotiated is of such subsidiary importance as not to negative the intention of the parties to be bound by the more significant terms to which they have agreed: Chitty para.2-127. Their Lordships do not consider that the present case could be so regarded. They are altogether unable to accept the view expressed by the Court of Appeal that the terms of the apology were ‘merely peripheral’ and could not be considered an essential part of the agreement. In their opinion, the content and publication of the apology in a case such as the present are crucial, and failure to settle this essential term leaves the agreement incomplete for uncertainty.’

Judges:

Lord Bingham of Cornl, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2007] UKPC 19, [2007] EMLR 18

Links:

Bailii

Cited by:

Applied – McLaughlin and Others v Newall QBD 31-Jul-2009
The claimant asked the court to strike out the defence that the claimant had compromised his claim by agreement. The defendant had written letters critical of the claimants who were governors of a school which had disciplined his daughter a teacher . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Defamation

Updated: 10 July 2022; Ref: scu.251026

Bissonauth v The Sugar Fund Insurance Board: PC 19 Mar 2007

(Mauritius) The claimant said that his dismissal was automatically unfair under local statute. He had become involved in a fight after a road traffic incident and had been convicted. In the meantime his employers had promoted him, but then dismissed him on the basis of his conviction. The incident had no connection with his work. The appeal concerned whether he was entitled to an opportunity to answer any proposed dismissal.
Held: The dismissal was unfair and the appeal succeeded. The section appeared to require the employer to allow the employee an opportunity to answer any charges. The criminal hearing itself was not such an opportunity. The ‘provision is not only expressed in what appears to be very wide and general terms, but is intended to give an employee who may be facing dismissal an important substantive right, namely to make out a case to his employer as to why he should not be dismissed. ‘

Judges:

Lord Hope of Craighead, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Mance, Lord Neuberger of Abbotsbury

Citations:

[2007] UKPC 17

Links:

Bailii

Commonwealth, Employment

Updated: 10 July 2022; Ref: scu.250050