Category: Commonwealth

Commonwealth Life Assurance Society Limited v Brain: 1935

(High Court of Australia) Dixon J said: ‘that no responsibility was incurred by one who confines himself to bringing before some proper authority information which he does not believe, even although in the hope that a prosecution will be instituted, if it is actually instituted as the result of an independent discretion on the part of that authority . . but, if the discretion is misled by false information, or is otherwise practised upon in order to procure the laying of the charge, those who thus brought about the prosecution are responsible’.

Judges:

Dixon J

Citations:

[1935] 53 CLR 343

Jurisdiction:

Australia

Cited by:

Cited – The Ministry of Justice (Sued As The Home Office) v Scott CA 20-Nov-2009
The claimant had been falsely accused of assault by five prison officers. The defendant appealed against a refusal to strike out a claim of of malicious prosecution.
Held: Proceedings for malicious prosecution cannot be regarded as being . .
Cited – Commissioner of Police of The Metropolis v Copeland CA 22-Jul-2014
The defendant appealed against the award of damages for assault, false imprisonment and malicious prosection, saying that the question posed for the jury were misdirections, and that the jury’s decision was perverse. The claimant was attending the . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Torts – Other

Updated: 09 November 2022; Ref: scu.381289

United Project Consultants Pte Ltd v Leong Kwok Onn: 16 Aug 2005

(Supreme Court of Singapore – Court of Appeal) A taxpayer sought to recover from his accountant an administrative penalty under a statutory provision dealing with the innocent submission of an incorrect tax return.
Held: In determining whether to impose a duty of care in cases of pure economic loss, the courts have ‘consistently adopted a restrictive approach.’

Judges:

Chao Hick Tin JA, Tay Yong Kwang J, Yong Pung How CJ

Citations:

[2005] 4 SLR 214, [2005] SGCA 38

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Moore Stephens (A Firm) v Stone Rolls Ltd (in liquidation) HL 30-Jul-2009
The appellants had audited the books of the respondent company, but had failed to identify substantial frauds by an employee of the respondent. The auditors appealed a finding of professional negligence, relying on the maxim ex turpi causa non . .
Cited – Les Laboratoires Servier and Another v Apotex Inc and Others SC 29-Oct-2014
Ex turpi causa explained
The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Torts – Other

Updated: 09 November 2022; Ref: scu.373980

Mehrban Khan v Makhna: 1930

It is open to a later encumbrancer of land who has a right to redeem a prior charge, to come to court and establish that a term in that prior charge relating to the right to redeem is an unconscionable term and if that is established the term will be of no effect for all purposes.

Judges:

Lord Tomlin

Citations:

(1930) 57 Ind App 168

Jurisdiction:

England and Wales

Cited by:

Cited – Brighton and Hove City Council v Audus ChD 26-Feb-2009
The claimant was the proprietor of a fourth legal charge on a title. It sought a declaration that a second charge in favour of the defendant was void as a clog on the proprietor’s equity of redemption. An advance secured by a first charge, also in . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Land

Updated: 09 November 2022; Ref: scu.304587

Taitt v The State: PC 8 Nov 2012

(Trinidad and Tobago) The defendant sought leave to appeal against his conviction for murder, with the death penalty mandatory sentence. He was of severely low intelligence.
Held: The appeal against conviction would not be allowed. Settled law showed that he was not unable to assist and contribute to his defence. However the question of whether the execution of a person with such low intelligence amounted to cruel and unusual punishment, had not yet been settled in Carribbean jurisdictions, and had been doubted in the US. Leave would be given to appeal on this aspect.

Citations:

[2012] UKPC 38

Links:

Bailii

Citing:

Cited – Regina v Berry CACD 1978
Although a person was highly abnormal, it did not mean that he was incapable of doing those things set out in Pritchard as the requirements to be fit to be tried. Lord Lane CJ set aside a finding that the defendant was unfit to stand trial, saying: . .
Cited – Rex v Pritchard 21-Mar-1836
A person, deaf and dumb, was to be tried for a capital felony the Judge ordered a Jury to be impanneled, to try whether he was mute by the visitation of God, the jury found that he was so. The jury were then sworn to try whether he was able to . .
Cited – Regina v Robertson CACD 1968
The evidence suggested that the defendant had a complete understanding of the legal proceedings in which he was involved but, also that, through mental illness, he had suffered delusions which may have effected his ability ‘properly’ to conduct his . .
Cited – Hamilton and Another v The Queen PC 16-Aug-2012
(Jamaica) The Board emphasised the need for the use of procedures designed to speed criminal appeals. . .
Cited – Brown v The State PC 7-Feb-2012
(Trinidad and Tobago) The Board expressed its concern at the fact that reports as to the appellant’s ability to instruct counsel were produced ex post facto and without any explanation as to why medical evidence on the issue of fitness had not been . .
Cited – John M, Regina v CACD 14-Nov-2003
The trial judge had directed the jury, determining fitness to plead, with an extended formulation of the test, including the appellant’s ability to give evidence, if he wished, in his own defence. This facility had been described to mean that ‘the . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 06 November 2022; Ref: scu.465694

Bullard v The Queen: PC 1957

The question was whether there was evidence on which the jury could have found a verdict of manslaughter on grounds of provocation rather than the verdict of murder which had been returned.
Held: There is naturally a tendency for an appellate court to substitute its view of the facts for a possible view which might have been entertained by a properly directed jury. However, it had ‘long been settled law that if on the evidence, whether of the prosecution or of the defence, there is any evidence of provocation fit to be left to a jury, and whether or not this issue has been specifically raised at the trial by counsel for the defence and whether or not the accused has said in terms that he was provoked, it is the duty of the judge, after a proper direction, to leave it open to the jury to return a verdict of manslaughter if they are not satisfied beyond reasonable doubt that the killing was unprovoked.’
and ‘Every man on trial for murder has the right to have the issue of manslaughter left to the jury if there is any evidence upon which such a verdict can be given. To deprive him of this right must of necessity constitute a grave miscarriage of justice and it is idle to speculate what verdict the jury would have reached.’
‘But there is no magic formula and provided that on a reading of the summing up as a whole the jury are left in no doubt where the onus lies no complaint can properly be made.’

Judges:

Lord Tucker

Citations:

[1957] AC 635, (1958) 42 Cr App R 1, [1957] 3 WLR 656

Jurisdiction:

Commonwealth

Citing:

Approved – Regina v Hopper CCA 1914
Lord Reading CJ said: ‘We do not assent to the suggestion that as the defence throughout the trial was accident, the judge was justified in not putting the question as to manslaughter. Whatever the line of defence adopted by counsel at the trial of . .

Cited by:

Cited – Ian Cauldero and Nigill Francois v The State PC 28-Sep-1999
PC (Trinidad and Tobago) The defendants appealed their convictions for murder. They complained at to the judge’s direction as to a statement and as to intent, where they had said that the gun had been wrestled . .
Cited – Regina v Rossiter CACD 1992
The defendant was charged with a murder. The very manner of the killing suggested that he was at the time of the killing in a state of uncontrolled frenzy. However, Russell LJ said: ‘We take the law to be that wherever there is material which is . .
Cited – Van Dongen and Another, Regina v CACD 5-Jul-2005
The defendant brothers appealed convictions for murder. They had pleaded self defence. The injuries on the deceased suggested a substantial number of wounds were inflicted when he was in a curled up defensive post.
Held: The provocation . .
Cited – Regina v Coutts HL 19-Jul-2006
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent . .
Approved – Regina v Porritt CCA 1961
Ashworth J said: ‘As has already been said, the issue of manslaughter was not raised at the trial, but there is ample authority for the view that notwithstanding the fact that a particular issue is not raised by the defence, it is incumbent upon the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 05 November 2022; Ref: scu.211363

Hamilton and Another v The Queen: PC 16 Aug 2012

(Jamaica) The Board emphasised the need for the use of procedures designed to speed criminal appeals.

Citations:

[2012] UKPC 31, [2012] 1 WLR 2875

Links:

Bailii

Cited by:

Cited – Taitt v The State PC 8-Nov-2012
(Trinidad and Tobago) The defendant sought leave to appeal against his conviction for murder, with the death penalty mandatory sentence. He was of severely low intelligence.
Held: The appeal against conviction would not be allowed. Settled law . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Crime

Updated: 04 November 2022; Ref: scu.463663

The Presidential Insurance Company Ltd v Resha St Hill: PC 16 Aug 2012

(Trinidad and Tobago) The Board considered that when interpreting a statute certain requirements had to be met before external materials could be used. The scope for enquiry into extraneous records, following Pepper v Hart [1993] AC 593, is broadly limited to situations where the legislation is ambiguous, the material relied upon is a ministerial or similar statement, which is made at the time of the relative Bill’s passage through Parliament and is clear in its terms.

Judges:

Lord Phillips, Lady Hale, Lord Mance, Lord Dyson, Lord Wilson

Citations:

[2012] UKPC 33

Links:

Bailii

Cited by:

Cited – Transport for London v Uber London Ltd Admn 16-Oct-2015
TFL sought a declaration as to the legality of the Uber taxi system. Otherwise unlicensed drivers took fares with fees calculated by means of a smartphone app. The Licensed Taxi drivers said that the app operated as a meter and therefore required . .
Lists of cited by and citing cases may be incomplete.

Commonwealth

Updated: 04 November 2022; Ref: scu.463664

Luximon Row Sadasew v Mullar Row Bajee: PC 21 May 1831

(Bombay) In a suit for the division of the property of an undivided Hindoo family, the whole of the property of each individual is presumed to belong to the common stock, and it lies upon the party who wishes to except any of it from the division, to prove that it comes within one of thc exceptions recognized by the Hindoo law.

Citations:

[1831] UKPC 3

Links:

Bailii

Jurisdiction:

Commonwealth

Commonwealth

Updated: 04 November 2022; Ref: scu.463141

Wm Nedham, Esq v J Simpson, W Taylor, S Taylor, and W Chrystie: PC 19 Aug 1831

Jamaica – Costs given to appellants from the judgments of a colonial court of Error, confirmng, upon a bill of exceptions, the judgments of a Court of Common Law, on the ground that the points of law involved in the appeals had previously been determined, in two previous appeals against the same respondenta, and that they, by not consenting to an amicable compromise, had put the appelIants
to unnecessary expense

Citations:

[1831] UKPC 4

Links:

Bailii

Commonwealth, Costs

Updated: 04 November 2022; Ref: scu.463142

Dookee v State of Mauritius: PC 28 Mar 2012

(Mauritius) The court had passed a determinate sentence of five years’ imprisonment. The appellant had spent 14 months in custody on remand. There was detailed information before the Board about the differences in the conditions of custody on remand and as a convicted prisoner. In those circumstances the Board considered that credit should ordinarily be given to the extent of 80 to 100% for time spent on remand, 80% being the suggested default position.

Citations:

[2012] UKPC 21

Links:

Bailii

Cited by:

Cited – Brown v The Queen PC 9-Feb-2016
Court of Appeal of Jamaica – Appeal against conviction for murder – challenge as to capacity to plead.
Held: The appeal against conviction failed, but the appeal against sentence succeeded. . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Criminal Sentencing

Updated: 03 November 2022; Ref: scu.461740

Cukurova Finance International Ltd and Others v Alfa Telecom Turkey Ltd: PC 23 May 2012

(British Virgin Islands) Interlocutory issue as to who should manage the affairs of the Turkcell mobile telephone business pending the Board’s final adjudication (after a hearing which should take place this autumn) on the rights and wrongs of what happened in April and May 2007 and on the question whether, if Alfa is otherwise entitled to forfeit the charged shares, any and if so what relief can and should be given to CTI and CTH against such forfeiture.

Judges:

Lord Walker, Lord Mance, Lord Sumption

Citations:

[2012] UKPC 20, [2015] 2 WLR 875

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

See Also – Cukurova Finance International Ltd and Another v Alfa Telecom Turkey Ltd PC 5-May-2009
(British Virgin Islands) Shares in two companies incorporated under the BVI Business Companies Act 2004, Cukurova Finance International Ltd and Cukurova Telecoms Holdings Ltd were provided as security under two sets of equitable mortgages, one set . .

Cited by:

See Also – Cukurova Finance International Ltd and Another v Alfa Telecom Turkey Ltd PC 30-Jan-2013
(British Virgin Islands) The claimant sought to recover shareholdings given in charge.
Held: There was an event of default, which entitled ATT to accelerate the loan and to appropriate – or forfeit – the charged shares, but that relief against . .
See Also – Cukurova Finance International Ltd and Another v Alfa Telecom Turkey Ltd PC 9-Jul-2013
British Virgin Islands . .
See Also – Cukurova Finance International Ltd and Another v Alfa Telecom Turkey Ltd PC 29-Jul-2013
(British Virgin Islands) . .
See Also – Cukurova Holding As v Sonera Holding Bv PC 13-May-2014
(British Virgin Islands) The appellant sought to have set aside the Final Decision of an arbitrator. . .
Cited – Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis SC 4-Nov-2015
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, . .
Lists of cited by and citing cases may be incomplete.

Commonwealth

Updated: 31 October 2022; Ref: scu.459647