The authority appealed an order that the claimants could proceed with claims for damages for child abuse said to have been suffered in care in 1970.
May LJ, Keene LJ, Smith LJ
[2008] EWCA Civ 783
England and Wales
Updated: 17 July 2022; Ref: scu.270575
The claimant was a victim of the Ladbroke Grove rail crash. He later committed and was convicted of a manslaughter and detained under the 1983 Act. He said that the accident had caused a major personality change. The defendant relied on the defence of ex turpi causa non oritur actio.
Held: The claimant’s appeal succeeded. Where, as in this case the claim, was not founded on an illegal act, the question was whether the relevant loss was so inextricably bound up with or closely connected to the claimant’s illegal or criminal conduct that the court could not permit him to recover without appearing to condone that conduct. The claim here was for loss of earnings alone. That claim was not so intimately connected as to be defeated. Where there was any connection the 1945 Act could be applied properly to prevent any claim based on the claimant’s contribution.
Sir Anthony Clarke MR, Tuckey LJ, Smit LJ
[2008] EWCA Civ 713, Times 09-Jul-2008, [2009] 2 WLR 351
Mental Health Act 1983 37, Law Reform (Contributory Negligence) Act 1945
England and Wales
Cited – Holman v Johnson 5-Jul-1775
ex turpi causa non oritur actio
A claim was made for the price of goods which the plaintiff sold to the defendant in Dunkirk, knowing that the defendant’s purpose was to smuggle the goods into England. The plaintiff was met with a defence of illegality.
Held: The defence . .
Cited – Bowmakers Ltd v Barnet Instruments Ltd CA 1945
An action was brought for the wrongful conversion of machine tools delivered under hire purchase agreements which contravened wartime statutory orders. The plaintiff established its legal title to the goods at issue without relying upon the illegal . .
Cited – Tinsley v Milligan HL 28-Jun-1993
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the . .
Cited – 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 . .
Cited – Hewison v Meridian Shipping Pte, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd CA 11-Dec-2002
The claimant was awarded damages for injuries suffered in his work as a seaman. The respondents claimed that he should not receive damages, since he had made false declarations as to his health in order to obtain employment, hiding his epilepsy . .
Cited – Vellino v Chief Constable of Greater Manchester Police CA 31-Jul-2001
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in . .
Appeal from – Gray v Thames Trains Ltd and Another QBD 6-Jul-2007
The claimant had been injured in an accident for which the defendants were responsible. He developed a personality disorder which led to him committing manslaughter and being detained under section 37. The defendants denied being liable beyond the . .
Appeal from – Gray v Thames Trains and Others HL 17-Jun-2009
The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.270370
Land had been sold by administrative receivers appointed under a charge. The owner said that the lands had been sold at an undervalue.
Held: The action failed. The claimant could not show any breach of duty or that the assessments made were not reasonable. ‘It is now clearly established that a receiver appointed by a mortgagee to sell mortgaged property in order to recover or reduce the mortgage debt is effectively in the same position as the mortgagee and owes a duty in equity to all those interested in the equity of redemption to obtain a proper price for the property. He is not however a trustee of his power of sale for the mortgagor and accordingly can choose the time of sale even if that turns out to be disadvantageous to the debtor who could have recovered more had the property been sold later. ‘
Patten J
[2008] EWHC 1273 (Ch)
England and Wales
Cited – Raja v Austin Gray (A Firm) CA 19-Dec-2002
A mortgagee is at all times free to consult his own interests alone as to whether and when to exercise his power of sale. The relationship and duties owed by the receiver are equitable only. Peter Gibson LJ said: ‘(1) A mortgagee with the power of . .
Cited – Cuckmere Brick Co Ltd v Mutual Finance Ltd CA 1971
A mortgagee selling as mortagee in possession must ‘take reasonable care to obtain the true value of the property at the moment he chooses to sell it’ and obtain the best price for the property reasonably obtainable on the open market. However, . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.269727
[2007] EWHC 948 (QB)
England and Wales
Updated: 15 July 2022; Ref: scu.251794
Claim for damages for giving inaccurate and untrue references.
Silber J
[2006] EWHC 2407 (QB)
England and Wales
Updated: 15 July 2022; Ref: scu.245950
[2006] EWHC 2514 (QB)
England and Wales
Updated: 15 July 2022; Ref: scu.245955
The claimants were father and daughter who now sought damages from the defendant local authority and others after, as a result of false allegations of sex abuse. the family had been split. In particular they alleged fabrication of evidence by social workers and police.
Held: Allegations against individual social workers were struck out.
Keith J
[2006] EWHC 2449 (QB)
England and Wales
Updated: 15 July 2022; Ref: scu.245954
The Honourable Mr Justice Holland
[2006] EWHC 1233 (QB)
England and Wales
See Also – University of Oxford and others v Broughton and others QBD 10-Nov-2004
The claimants sought injunctions to protect themselves against the activities of animal rights protesters, including an order preventing them coming with a wide area around the village.
Held: The orders made were justified with the additional . .
Appeal from – University of Oxford and others v Broughton and others CA 15-Aug-2006
. .
Lists of cited by and citing cases may be incomplete.
Updated: 15 July 2022; Ref: scu.242227
Mr Justice Brooke Lord Justice Chadwick Lord Justice Kay
[2004] EWCA Civ 308
England and Wales
Cited – Al-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 July 2022; Ref: scu.194580
Williams J
[2019] EWHC 1513 (Fam)
England and Wales
Updated: 15 July 2022; Ref: scu.639767
Marcus Smith J
[2019] EWHC 1519 (Ch)
England and Wales
Updated: 15 July 2022; Ref: scu.639277
The claimants sought damages alleging that land owned by the defendant was so contaminated as to have caused their children to be born with deformities. The authority appealed against refusal of the court to strike out the claim in response to their assertion that damages should not lie in an action for public nuisance.
Held: The council’s appeal failed. The Canary Wharf case did not establish the idea proposed, since the comments were obiter and that claim did not relate to public nuisance.
Ward, Dyson, Smit LJJ
[2008] EWCA Civ 463
England and Wales
Cited – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 July 2022; Ref: scu.267556
Eady J set out principles applying on applications for summary judgment: ‘the court needs to be satisfied that the relevant party’s case (in this instance that of Mr Cotton) is bound to fail on the material at present available and, secondly, that there is no reasonable possibility of evidence becoming available to him, whether by further investigation, disclosure, cross-examination or otherwise, sufficiently to support his case and give it some prospect of success.’ and ‘where there are unexplained features in a case, which could only be satisfactorily resolved following disclosure and cross-examination, it is important to consider whether they throw doubt on evidence which would otherwise appear to be clear-cut and/or whether they might provide ‘other compelling reasons’ to justify the case being tried. ‘
Eady J
[2008] EWHC 824 (QB)
England and Wales
Cited – Pickenham Romford Ltd v Deville ChD 31-Jul-2013
The claimant company’s administrators sought an order to have vacated unilateral notices entered against land titles registered to the claimant. The court now gave its reasons for making the order as requested by way of summary relief. The notices . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 July 2022; Ref: scu.267001
Warren J said: ‘As to that, the judge directed himself in law . . as follows: ‘it is a question of fact whether a representee has been induced to enter into a transaction by a material misrepresentation intended by the representor to be relied upon by the representee; if the misrepresentation is of such a nature that it would be likely to play a part in the decision of a reasonable person to enter into a transaction it will be presumed that it did so unless the representor satisfies the court to the contrary (see Morritt LJ in Barton v County NatWest Limited [1999] Lloyd’s Rep Banking 408 at 421, paragraph 58); (3) the misrepresentation does not have to be the sole inducement for the representee to be able to rely on it: it is enough if the misrepresentation plays a real and substantial part, albeit not a decisive part, in inducing the representee to act; (4) the presumption of inducement is rebutted by the representor showing that the misrepresentation did not play a real and substantial part in the representee’s decision to enter into the transaction; the representor does not have to go so far as to show that the misrepresentation played no part at all; and (5) the issue is to be decided by the court on a balance of probabilities on the whole of the evidence before it.’
Warren J
[2008] EWHC 723 (Ch)
England and Wales
Cited – Lindsay v O’Loughnane QBD 18-Mar-2010
The claimant had purchased Euros through a foreign exchange dealer. The dealer company became insolvent, causing losses to the claimant, who sought to recover from the company’s managing director, the defendant, saying that he was aware of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 July 2022; Ref: scu.266903
Toulmin CMG QC J
[2006] EWHC 126 (TCC)
Protection from Harassment Act 1997
England and Wales
Updated: 14 July 2022; Ref: scu.266692
The company complained that the agreement between the other party and its solicitors was an unenforceable Conditional Fee Agreement and that therefore they had no obligation to indemnify the other party. They said that the agreement was champertous.
[2004] EWHC 737 (TCC)
England and Wales
Updated: 14 July 2022; Ref: scu.266698
[2008] EWCA Civ 163
England and Wales
Updated: 14 July 2022; Ref: scu.266130
The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not to be applied by English law.
Held: It is necessary for a claimant suing in conversion or for wrongful interference with his goods to establish the existence of a proprietary right in the goods. The claimant was unable to do this, because no explicit provision of Iranian law had been demonstrated to establish a claim.
There would be no infringement of the principle governing justiciability if the English Court were to enforce a proprietary claim by a foreign sovereign state in relation to movables acquired by that State (whether by purchase, bequest, gift or as bona vacantia) at a time when the movables were within the territory of that state. However this claim was not a patrimonial claim
Gray J
[2007] EWHC 705 (QB)
England and Wales
Cited – Rosenthal v Alderton and Sons Limited CA 1946
The court was asked as to how it should value goods which had disappeared, and where the plaintiff sought damages for their wrongful detention, either as at the date of the detention or as at the date of the judgment.
Held: Damages for detinue . .
Cited – Iran v Berend QBD 1-Feb-2007
The Republic of Iran sought the return of a fragment of ancient Achaemenid relief in the possession of the defendant, saying that it was part of an ancient monument. The defendant said that she had bought it properly at an auction in Paris. The . .
Cited – Gotha City v Sotheby’s and Another; Federal Republic of Germany v Same QBD 9-Sep-1998
Limitation does not run in favour of a thief. A painting stolen during the war and dealt with by those knowing its true origin remained in the ownership of the original owner however long it had been held by someone who was not a purchaser in good . .
Cited – Jarvis v Williams CA 1955
J, the owner of the goods, sued in detinue the defendant W to whom they had been delivered at the request of a third party, P, who had failed to pay for them. W refused to deliver up the goods.
Held: The claim was not maintainable. Lord . .
Cited – International Factors v Rodriguez CA 1978
(Majority) Cheques were made payable to a company which had entered into a factoring agreement with the plaintiffs. The cheques were sent to the company in settlement of debts owed to the company but which had been assigned to the plaintiffs. The . .
Cited – MCC Proceeds Inc (Incorporated Under the Laws of the State of Delaware, USA As Trustee of the Maxwell Macmillan Realization Liquidating Trust) v Lehman Brothers International (Europe) CA 19-Dec-1997
The owner only of an equitable interest in goods may not assert his interest against a bona fide purchaser of the legal title to the goods. International Factors v. Rodriguez was decided per incuriam to the extent that it held that equitable rights . .
Cited – City of Gotha v Sotheby’s and Another CA 19-Jun-1997
An abandonment of privilege within discovery proceedings did not imply general waiver of same privilege; limited to instant proceedings. . .
Cited – Surrey Asset Finance Ltd v National Westminster Bank plc QBD 30-Nov-2000
That a cheque was endorsed ‘account payee’ did not mean that the drawer of the cheque would be entitled to damages for conversion from a paying bank crediting it to a different account. to succeed under this section the claimant had to show an . .
Cited – Aksionairnoye Obschestvo A M Luther v James Sagor and Co CA 1921
A claim was made as to property seized by a decree of Russian revolutionaries later recognised as the government.
Held: A court is required to recognise a foreign state’s dealings with private proprietary rights within its jurisdiction. An . .
Cited – Wisconsin v Pelican Insurance Co 1888
(United States Supreme Court) The court considered the rules forbidding the application of foreign penal laws: ‘The rule that the courts of no country execute the penal laws of another applies, not only to prosecutions and sentences for crimes and . .
Cited – Princess Olga v Weisz 1929
Recovery was sought of items where the possessor claimed title through the Soviet State.
Held: The claim failed. the court recognised that the Soviet Republic had acquired good title to the movables in question (as well as possession of them), . .
Cited – Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
Cited – Huntington v Attrill HL 1893
In deciding how to characterise a claim, the court must examine its substance, and not be misled by appearances. The territorial principle requires attention to be paid to the place where the act was committed. The court defined what was meant by a . .
Cited – Attorney-General of New Zealand v Ortiz CA 2-Jan-1982
The defendant was to sell a Maori carving which had been unlawfully exported from New Zealand. The Attorney General sought its recovery and an injunction to prevent its sale, relying on the Historical Articles Act 1962. The judge had ordered its . .
Cited – Government of India v Taylor HL 1955
The Government of India sought to prove in the voluntary liquidation of a company registered in the United Kingdom but trading in India for a sum due in respect of Indian income tax, including capital gains tax, which arose on the sale of the . .
Appeal from – Islamic Republic of Iran v The Barakat Galleries Ltd CA 21-Dec-2007
The republic appealed the striking out of its claims for the return of artefacts which formed part of its national heritage and were alleged to have been unlawfully removed.
Held: The claim was not an attempt to apply a foreign penal law. . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 July 2022; Ref: scu.254514
[2007] EWHC 2444 (QB)
England and Wales
Updated: 14 July 2022; Ref: scu.261568
The claimant was raped and assaulted by a police officer. She sought damages from the Chief Constable saying he was vicariously liable, saying that the rapist had been wearing his uniform though in fact off duty.
Nelson J
[2006] EWHC 3041 (QB)
England and Wales
Updated: 14 July 2022; Ref: scu.247983
Claim for damages and injunctive relief in slander, libel malicious falsehood, negligence and under the Human Rights Act 1998 against his former employer, the First Defendant and five employees of the First Defendant, the Second to Sixth Defendants.
Master Cook
[2019] EWHC 1803 (QB)
England and Wales
Updated: 14 July 2022; Ref: scu.639730
Challenge to lawfulness of immigration detention for 14 months.
Yip DBE J
[2019] EWHC 1831 (Admin)
England and Wales
Updated: 14 July 2022; Ref: scu.639688
Challenge to lawfulness of immigration detention.
Dan Squires QC
[2019] EWHC 1969 (Admin)
England and Wales
Updated: 14 July 2022; Ref: scu.639687
‘This case concerns the measure of damages for deceit.’
Black, Kitchin, Christopher Clarke LJJ
[2016] EWCA Civ 778
England and Wales
Appeal from – OMV Petrom Sa v Glencore International Ag ComC 7-Feb-2014
The claimant sought to have struck out as abuse of process parts of the defence, saying that the factual issues raised had already been resolved in arbitration proceedings, but as against a different oarty. The defendant replied that the arbitration . .
Appeal from – OMV Petrom Sa v Glencore International Ag ComC 13-Mar-2015
. .
See Also – OMV Petrom Sa v Glencore International Ag CA 27-Mar-2017
This appeal raises a straightforward but important point concerning the interest that the court may award when a claimant’s CPR Part 36 offer is rejected, but the claimant achieves a greater award at trial.
Sir Geoffrey Vos C said: ‘The parties . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 July 2022; Ref: scu.567508
The claimant sought repayment of substantial sums fraudulently obtained by the defendant’s husband, their senior sports editor, and paid through business accounts belonging to the defendant.
Held: The defendant’s objections of innocence did not match the evidence. She knowingly received the proceeds of her husband’s fraud. Time did not begin to run until discovery of the fraud by the defendant.
Tugendhat J
[2009] EWHC 1680 (QB)
England and Wales
Updated: 13 July 2022; Ref: scu.347494
Peter Coulson QC J
[2008] EWHC 168 (TCC), [2008] Env LR 37
England and Wales
Cited – Martin v David Wilson Homes Ltd CA 28-Jun-2004
The court considered the construction of a restrictive covenant, and was asked whether an indefinite article ‘a private dwellinghouse’ was to be construed as a limitation of number or whether it was to be construed as being as to the manner of use. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.265935
Lord Moulton said that the danger of departing from the ordinary meaning of unambiguous provisions is that ‘it may degrade into mere judicial criticism of the propriety of the acts of the Legislature’.
Lord Haldane LC after stating that speculation on the motives of the Legislature was a topic which Judges cannot profitably or properly enter upon, said:-‘Their province is the very different one of construing the language in which the Legislature has finally expressed its conclusions, and if they undertake the other province which belongs to those who, in making the laws, have to endeavour to interpret the desire of the country, they are in danger of going astray in a labyrinth to the character of which they have no sufficient guide. In endeavouring to place the proper interpretation on the sections of the statute before this House sitting in its judicial capacity. I propose, therefore, to exclude consideration of everything excepting the state of the law as it was when the statute was passed, and the light to be got by reading it as a whole, before attempting to construe any particular section. Subject to this consideration. I think that the only safe course is to read the language of the statute in what seems to be its natural sense.’
Lord Macnaghten said: ‘a judicial tribunal has nothing to do with the policy of any Act which it may be called upon to interpret. That may be a matter for private judgment. The duty of the Court, and its only duty, is to expound the language of the Act in accordance with the settled rules of construction.’ and
‘Now it is ‘the universal rule’, as Lord Wensleydale observed in Grey v Pearson, that in construing statutes, as in construing all other written instruments ‘ the grammatical and ordinary sense of the word is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further’. Acts of Parliament are, of course, to be construed acording to the intent of the Parliament’ which passes them. That is ‘the only rule’ said Tindal CJ, delivering the opinion of the judges who advised this House, in the Sussex Peerage Case. But his Lordship was careful to add this note of warning: If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver’. Nowadays, when it is a rare thing to find a preamble in any public general statute, the field of inquiry is even narrower than it was in former times. In the absence of a preamble there can, I think, be only two cases in which it is permissible to depart from the ordinary and natural sense of the words of an enactment. It must be shewn either that the words taken in their natural sense lead to some absurdity or that there is some other clause in the body of the Act inconsistent with, or repugnant to, the enactment in question construed in the ordinary sense of the language in which it is expressed.’
Lord Haldane LC, Lord Moulton, Lord MacNaghten
[1912] UKHL 3, [1913] AC 107, [1912] UKHL 649
England and Wales
Cited – Grey v Pearson HL 9-Mar-1957
The House was required to interpret a will where a benefit was to pass only if someone was to die ‘and not have children.’
Held: ‘It is ‘the universal rule’, that in construing statutes, as well as in construing all other written instruments . .
Cited – The Sussex Peerage Case 1844
Statements against penal interest are outside the common law exception of statements against interest. The oral confession of a deceased person was considered.
The court considered principles of statutory interpretation: ‘Acts should be . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.265975
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the legality of returning failed asylum applicants to Zimbabwe.
Held: Despite allegations of acting unlawfully, the defendant had failed even to try to justify the detention with evidence. The defendant was under a duty to keep the detention under review but had failed disgracefully: only four out of twenty two required reviews were conducted properly. The conduct of reviews was necessary to make the detention lawful. There was casual mendacity in informing the detainee of the reasons for decisions before the decision was made. It was correct to allow for the risk of the claimant absconding, but the defendant had not previously relied on that ground. Whilst the claimant was entitled to damages, he should not be released.
Munby J
[2008] EWHC 98 (Admin)
Immigration Act 1971 Sch 3, Detention Centre Rules 2001
Cited – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department HL 10-Feb-1983
The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal . .
Cited – Liversidge v Sir John Anderson HL 3-Nov-1941
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents.
Held: The . .
Cited – Somerset’s Case, Somerset v Stewart 1772
Habeas Corpus Granted to Slave
Somerset, a slave purchased by the defendant in Virginia, had been brought to England, but then confined on board a ship. He brought a writ for habeas corpus.
Held: The plea in defence was insufficient. Lord Mansfield ordered an African slave . .
Cited – AA v Secretary of State for the Home Department; LK v Secretary of State for the Home Department CA 12-Apr-2006
Where an asylum applicant could return voluntarily to his country of origin without there being any threat of persecution, there was nothing to base a claim that he was a refugee. . .
Cited – Tan Te Lam v Superintendent of Tai A Chau Detention Centre PC 27-Mar-1996
(Hong Kong) Migrants from Vietnam of Chinese ethnic origin had landed in Hong Kong by boat, and been refused refugee status. They were detained for several years under section 13D of the Immigration Ordinance ‘pending . . removal from Hong Kong’. . .
Cited – I, Regina (on the Application of) v Secretary of State for the Home Department CA 28-Jun-2002
The appellant obtained asylum but was convicted of offences after entering, and ordered to be deported. Whilst serving his sentence the deportation order was served, but he was not released on licence at the time he would normally have been . .
Cited – D, Regina (on the Application Of) v Secretary of State for the Home Department and others Admn 22-May-2006
An asylum-seeker held at a detention centre was not given a medical examination within 24 hours of her arrival at the centre as required by Rule 34 of the Detention Centre Rules 2001. It was further claimed that transfers to Oakington Detention . .
Cited – Khadir, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Jun-2005
The applicant who had entered England hidden in a lorry, claimed asylum, and had his claim rejected. It was said that as an Iraqi Kurd, he would be safe in the Kurdish area of Iraq. No safe means had been found of ensuring his return over some four . .
Cited – Hwez and Khadir v Secretary of State for the Home Departmentand Another Admn 29-Jul-2002
. .
Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Cited – Secretary of State for the Home Department v Regina on the Application of Khadir CA 3-Apr-2003
The Secretary of State appealed an order requiring him to reconsider refusal of exceptional leave to remain. The applicant was an Iraqi Kurd. It was not possible to make immediate arrangements for repatriation after the order.
Held: The . .
Cited – AA v Secretary of State for the Home Department; LK v Secretary of State for the Home Department CA 12-Apr-2006
Where an asylum applicant could return voluntarily to his country of origin without there being any threat of persecution, there was nothing to base a claim that he was a refugee. . .
Cited – Regina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .
Cited – HS (Returning Asylum Seekers) Zimbabwe CG IAT 29-Nov-2007
IAT Failed asylum seekers do not, as such, face a risk of being subjected, on return to Zimbabwe, to persecution or serious ill-treatment. That will be the case whether the return is voluntary or involuntary, . .
Cited – Roberts v Chief Constable of Cheshire Constabulary CA 26-Jan-1999
The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful . .
Cited – Regina (Konan) v Secretary of State for the Home Department Admn 21-Jan-2004
The claimants alleged that their immigration detention had been unlawful.
Held: Collins J said: ‘Since the detention at least since 24 June 2002 was contrary to the defendant’s own policy as published in Chapter 38, it was unlawful. In so . .
Cited – Nadarajah and Amirhanathan v Secretary of State for the Home Department CA 8-Dec-2003
The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that . .
Cited – Regina v Immigration Appeal Tribunal, ex Parte Jeyeanthan Admn 3-Apr-1998
An appeal by the Home Secretary against a ruling that he had to use the same prescribed form as would be used by the asylum seeker. The use of a letter which omitted a substantial and important declaration was invalid. Lord Woolf MR made plain the . .
Cited – A, Regina (on the Application of) v Secretary of State for the Home Department CA 30-Jul-2007
The applicant had had his application for asylum rejected. Pending deportation, he had been held in custody. The court had found his detention unlawful.
Held: The Home Secretary’s appeal succeeded. The power to detain in such circumstances had . .
Cited – Bashir, Regina (on the Application of) v Secretary of State for the Home Department Admn 30-Nov-2007
B complained of the unreasonable length of time (32 months) for which had been detained pending deportation.
Held: Mitting J said: ‘What Toulson LJ did not address, because it was not necessary to address it on the facts, was whether or not a . .
Cited – Regina v Ministry of Defence ex parte Smith; ex parte Grady CA 3-Nov-1995
Four appellants challenged the policy of the ministry to discharge homosexuals from the armed services.
Held: Where a measure affects fundamental rights or has profoundly intrusive effects, the courts will anxiously scrutinise the decision to . .
Cited – MMH, Regina (on the Application of) v Secretary of State for the Home Department Admn 7-Sep-2007
The applicants challenged their continued detention pending their return to Iraq.
Held: Beatson J said: ‘In the present case there is a significant risk of absconding, but a risk of re-offending which the defendant accepts is not very high. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.264058
The plaintiff engaged the defendants to re-wire her house. She was away, and the defendants in sole charge of the house when it suffered a major fire originating in a room used by the defendants. The defendants appealed a finding of liability saying that, there having been a dispute as to the facts, the doctrine of res ipsa loquitur could not be used to place a burden of proof on them.
Held: The appeal failed: ‘In the absence of any positive evidence of breach of duty, merely to show that a claimant’s loss was consistent with breach of duty by the defendant would not prove breach of duty if it would also be consistent with a credible non-negligent explanation. But where a claimant proves both that a defendant was negligent and that loss ensued which was of a kind likely to have resulted from such negligence, this will ordinarily be enough to enable a court to infer that it was probably so caused, even if the claimant is unable to prove positively the precise mechanism. That is not a principle of law nor does it involve an alteration in the burden of proof; rather, it is a matter of applying common sense. The court must consider any alternative theories of causation advanced by the defendant before reaching its conclusion about where the probability lies. If it concludes that the only alternative suggestions put forward by the defendant are on balance improbable, that is likely to fortify the court’s conclusion that it is legitimate to infer that the loss was caused by the proven negligence. ‘
Toulson LJ VP, Waller, Longmore LJJ
[2008] EWCA Civ 25, [2008] NPC 11, 121 Con LR 18
England and Wales
Cited – Lloyde v West Midlands Gas Board CA 1971
The court considered the doctrine of res ipsa loquitur and the burden of proof in establishing negligence: ‘I doubt whether it is right to describe res ipsa loquitur as a ‘doctrine’. I think that it is no more than an exotic, although convenient, . .
Cited – Roadrunner Properties Ltd v Dean and Another CA 21-Nov-2003
Where an application is made under the 1996 Act, as to the issue of causation of damage, a court can properly take a reasonably robust approach where the damage to the adjoining owner’s property is of the sort one would expect to result from the . .
Cited – Vaile v London Borough of Havering CA 11-Mar-2011
The claimant teacher sought damages after being assaulted at school by a child with special needs. The pupil had been identified as having an autistic spectrum disorder (ASD) but the claimant was not aware of that and had not been advised as to the . .
Cited – Wilson v Haden (T/A Clyne Farm Centre) QBD 15-Feb-2013
The claimant sought damages after being injured on an adventure sports weekend hosted by the defendant.
Held: The defendants had failed to follow their own safety procedures associated with this particular feature. The landing area cushioning . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.264036
The parties had agreed a compromise on the leaving of the defendant as manager. The club now said that the agreement had been obtained by fraudulent misrepresentation. He had been released but had said he had not had contact with another London club when this was not true.
Held: The tort of deceit is committed where ‘a defendant makes a false representation, knowing it to be untrue, and intends that the claimant should act in reliance on it, then in so far as the claimant does act in reliance on it, and suffers loss, the defendant is liable for that loss.’ Some false representations had been made by Mr Dowie, but the compromise agreement was not rescinded.
Tugendhat J
[2007] EWHC 1392 (QB), [2007] IRLR 682
England and Wales
Mentioned – Crystal Palace FC (2000) Ltd v Bruce 22-Nov-2001
. .
Cited – Akerhielm v De Mare PC 1959
A company prospectus contained the following: ‘About a third of the capital has already been subscribed in Denmark.’ Though the directors believed this to be true, it was not true at the time the prospectus was issued.
Held: The statement was . .
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 – Halpern and others v Halpern and Another (No 2) CA 3-Apr-2007
The parties had settled by compromise a dispute about the implementation of a will before the Beth Din. It was now said that the compromise agreement had been entered into under duress and was unenforceable. The defendant said that rescission could . .
Cited – Spice Girls Limited v Aprilia World Service Bv CA 24-Jan-2002
When considering the statutory right to rescind for innocent misrepresentation, the representation should be interpreted to bear the meaning in which it would reasonably be understood by the claimant, the natural and ordinary meaning which would be . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.253481
The defendant erected a sign which extended some 8ft into the plaintiff’s property.
Held: The plaintiff was entitled to a mandatory injunction requiring the defendant to remove the sign. The intrusion was a trespass.
[1957] 2 QB 344
England and Wales
Cited – Bernstein of Leigh (Baron) v Skyviews and General Ltd QBD 9-Feb-1977
The plaintiff complained that the defendant had flown over his and neighbouring properties and taken aerial photographs, and said that this was a gross invasion of his privacy, and that the defendant had invaded his airspace to do so. The plaintiff . .
Cited – Star Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.183334
Application for permission to appeal in the latest round of litigation brought by former inhabitants of the Chagos Islands against the British Government arising out of their expulsion from the Islands nearly 50 years ago, an act which the Government now explicitly recognises to have been shameful and wrong. The claims challenge three related decisions made on 16 November 2016 – a decision not to provide financial support to allow Chagossians to resettle in the Islands but instead to provide a support package of approximately pounds 40 million for them in the Seychelles and Mauritius, together with the implicit decision not to rescind two Orders in Council made in 2004 which deny Chagossians a right of abode in the Islands.
Underhill VP CA, and Leggatt LJJ
[2019] EWCA Civ 1254
England and Wales
Updated: 13 July 2022; Ref: scu.639661
Mr Justice Nicol
[2015] EWHC 1795 (Admin)
England and Wales
Updated: 13 July 2022; Ref: scu.549415
Walker J
[2006] EWHC 598 (QB)
England and Wales
Updated: 13 July 2022; Ref: scu.408692
Liability based on knowing receipt did not ‘depend on the commission of any wrong or give rise to any obligation to make good any loss other than by way of restitution.’
Mance J
Unreported, 24 June 1999
England and Wales
Cited – Charter Plc and Another v City Index Ltd and others ChD 12-Oct-2006
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.247621
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.’
Adams J
[1963] VR 621
Australia
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.
Updated: 12 July 2022; Ref: scu.266153
The claimant operated an internet based game on which participants could win money. The defendant operated a web-site selling software which could operate the game automatically, and increase winnings. The claimant alleged that the defendant broke the terms of his contract with the claimant and encouraged others to do similarly.
[2006] EWHC 1551 (Ch)
England and Wales
Updated: 12 July 2022; Ref: scu.263671
The defendant appealed a finding of liability for an accident claim, saying that the accident never happened, but was rather an insurance fraud.
[2007] EWCA Civ 1350
England and Wales
Updated: 12 July 2022; Ref: scu.262933
The defendant’s tanker came aground, spilling fuel, for which the corporation claimed damages. The corporation appealed against rejection of that claim.
Held: In order to support an action for private nuisance the defendant must have used his own land or some other land in such a way as injuriously to affect the enjoyment of the plaintiff’s land. It was not an essential element in liability for a nuisance that it should emanate from land belonging to the defendant, although commonly it does.
Denning, Morris LJJ
[1954] EWCA Civ 5, (1954) 118 JP 411, [1954] 2 QB 182, [1954] 2 All ER 561, [1954] 3 WLR 200, [1954] 1 Lloyd’s Rep 446
England and Wales
Appeal from – Southport Corporation v Esso Petroleum Co Ltd QBD 1953
An oil tanker ran aground in an estuary. The master jettisoned 400 tons of oil cargo to prevent the tanker breaking her back. The tide carried the oil slick on to a foreshore causing damage. The foreshore owners sued the shipowners in trespass, . .
Cited – Reynolds v Clerk 16-Jun-1725
If a man has a right to the use of a yard in common with the owner, he does not commit in trespass by entering into the yard in order to fix a water-spout to his house; but if any injury is done to the owner of the yard, in consequence of fixing . .
Cited – Prior of Southwards 1498
The prior complained because the defendant, who was a glover, had made a lime pit for calf-skins so close to a stream as to pollute it.
Held: If the glover had dug the lime pit in the prior’s soil, the action ought to be in trespass: but if it . .
Appeal from – Esso Petroleum Co Ltd v Southport Corporation HL 1955
A tanker, the Inverpool, was grounded in difficult weather by its master when he feared its back was broken. Substantial volumes of oil leaked, and the local authority sought to recover the costs of the clean up. At first instance, the defence of . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.262847
An employer is vicariously liable for employees’ torts committed in the course of employment, in spite of prohibitions dealing with conduct within its course. The defendants were held liable for the negligence of their servant whilst driving, even though the servant, a garage hand had no driving licence and had been expressly prohibited from driving.
Sir Raymond Evershed MR, Birkett, Romer LJJ
[1953] EWCA Civ 3, [1953] 1 WLR 997, [1953] 2 All ER 582
England and Wales
Updated: 12 July 2022; Ref: scu.262852
The claimant alleged that when exercising its power of sale under a mortgage over its land, the mortgagee had done so in order to override the claimant’s intention of granting a sub-lease, and that this was a tortious intention to induce a breach of contract.
Held: The claimant’s appeal failed. The respondents intended to produce a result which they believed themselves entitled to achieve. It was not enough merely to have intended an act from which the loss resulted; it had to intend that loss. That requirement was not satisfied here.
Pill, Arden, Toulson LJJ
[2007] EWCA Civ 1303, Times 20-Dec-2007, [2008] 2 WLR 904, [2008] Ch 244
England and Wales
Appeal from – Meretz Investments Nv and Another v ACP Ltd and others ChD 30-Jan-2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse.
Held: The . .
See Also – Meretz Investments Nv v ACP Ltd QBD 27-May-2002
Meretz sued ACP for monies alleged to be due under agreements. . .
Appeal from – Meretz Investments Nv and Another v ACP Ltd and others ChD 14-Nov-2007
The parties disputed the success of a sale by a mortgagee in possession of various properties. The parties disputed the apportionment of costs.
Held: The appeal failed. Where there is no express agreement concerning the division of costs, a . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.261957
The claimant alleged negligence and misfeasance in public office on the part of the defendant in their conduct of an investigation of an allegation of child abuse. The authority appealed against the refusal to strike out the claim by the father of the child who had now discontinued her claim.
Held: The professionals involved were exercising a primary duty to the child. To accept additional duties to the parent would cut across the fulfilment of tha tprimary duty. The question in each case was whether the social worker acted or failed to act in a way in which a reasonably competent social worker would have done. The father’s claim in negligence could not proceed.
Sir Anthony Clarke MR, Mayl LJ, Hallett LJ
[2007] EWCA Civ 1313, Times 27-Dec-2007
England and Wales
Updated: 12 July 2022; Ref: scu.261956
The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or non-consensual had taken place.
Held: The taking of the statements was a course of conduct and was plainly harassment. The court was therefore asked to decide whether the statements were taken for the purpose of preventing or detecting crime, within the meaning of s.1(3)(a). The touching had not been consensual, and formed part of a series of acts which amounted to a course of conduct in turn amounting to harassment. Both parties had submitted that the test under section 1(3)(a) was subjective but Tugendhat J took the view that it was subject to the tests of necessity and proportionality, was whether the conduct was objectively justified as a means of preventing or detecting crime, at any rate when it infringed the victim’s rights under article 8. General damages of andpound;20,000 were awarded, with a full indemnity from the officer.
Tugendhat J
[2005] EWHC 2550 (QB)
Protection from Harassment Act 1997, European Convention on Human Rights 88
England and Wales
Cited – Hipgrave and Another v Jones QBD 15-Dec-2004
The defendant appealed an order under the 1997 Act saying that it was akin to an order made under the 1998 Act where proof was required to a criminal standard, and that the court had applied only the civil standard.
Held: There was a real . .
Cited – Regina v Chief Constable of Devon and Cornwall ex parte CEGB CA 1982
An unwanted kiss may be a battery. Lawton LJ discussed the individual responsibility of a police officer: ‘[chief constables] cannot give an officer under command an order to do acts which can only lawfully be done if the officer himself with . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Cited – Vento v The Chief Constable of West Yorkshire Police (No 2) CA 20-Dec-2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed.
Held: The Court of Appeal looked to see whether there had been an error of law in the employment . .
Cited – Thomas v News Group Newspapers Ltd and Simon Hughes CA 18-Jul-2001
A civilian police worker had reported officers for racist remarks. The newspaper repeatedly printed articles and encouraged correspondence which was racially motivated, to the acute distress of the complainant.
Held: Repeated newspaper stories . .
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 – Z v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
Cited – Hayes v Willoughby CA 13-Dec-2011
Harassment Occurs on the Result, not the Intention
The claimant said that over several years, the respondent had pursued him in many ways challenging his management of a company’s affairs. Complaints had been investigated by the insolvency service and by the police who had discovered nothing to . .
Cited – Hayes v Willoughby SC 20-Mar-2013
The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.236700
Where a defendant to a charge of trespass of assault and battery raises as his defence that he was possessed of the house, and pleaded manus molliter imposuit, it was necessary for the defendant to prove his title if it had not been challenged.
(1628) Cro Car 138, [1628] 79 ER 722
England and Wales
Updated: 12 July 2022; Ref: scu.238874
Misrepresentation to secure execution of mortgage.
[2006] EWCA Civ 374
England and Wales
Updated: 12 July 2022; Ref: scu.240136
(Mauritius)
Lord Walker, Lady Hale, Lord Mance, Lord Kerr, Lord Sumption
[2012] UKPC 41
England and Wales
Updated: 12 July 2022; Ref: scu.639649
Immigration detention said to have been unlawful.
Lord Justice Longmore
[2019] EWCA Civ 1168
England and Wales
Updated: 12 July 2022; Ref: scu.639494
The defendant appealed an order under the 1997 Act saying that it was akin to an order made under the 1998 Act where proof was required to a criminal standard, and that the court had applied only the civil standard.
Held: There was a real distinction between the two Acts. The civil standard of proof was sufficient to protect a defendant to harassment proceedings.
Standard of proof on applying for injunction under the 1997 Act.
Tugendhat J
Times 11-Jan-2005, [2004] EWHC 2901 (QB), [2005] Fam Law 453, [2005] ACD 67, [2005] 2 FLR 174
Protection from Harassment Act 1997 3, Crime and Disorder Act 1998 1
England and Wales
Cited – KD v Chief Constable of Hampshire QBD 23-Nov-2005
The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.347401
The claimant sought damages saying that she had been bullied and harassed at her work as a prison officer.
[2007] ScotCS CSOH – 186
Protection from Harassment Act 1997
Scotland
Cited – Rorrison v West Lothian College and Lothian Regional Council OHCS 21-Jul-1999
The pursuer, a nurse, claimed that she suffered psychological injuries as a result of her treatment at work by two superiors.
Held: The court could find nothing in the pleadings: ‘which, if proved, could establish that Andrews and Henning . .
Cited – Banks v Ablex Ltd CA 24-Feb-2005
The claimant appealed denial of her claim for damages for psychological injury. She complained that her employer had failed to prevent her and other female employees being bullied by a co-worker, and they committed a breach of statutory duty in . .
Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.261469
The defendant was a director of a company. He signed a letter for the company promising to pay for goods ordered. The representation was found to have been made fraudulently because he knew the company was insolvent, and unable to pay. He now appealed a finding that he was personally responsible.
Held: The director’s appeal failed. The signature of the defendant on its own was sufficient. Lord Tenterden’s Act, the 1828 Act was ‘concerned with proving by evidence the existence of a representation. It was not concerned with excusing fraudulent behaviour or with differentiating between capacities in which persons put their names to documents. Having regard to the mischief at which the Act was aimed, I can see no reason why, if a document contains a fraudulent representation being made by a director for which that director would otherwise be held personally liable, his signature on the document will not suffice to comply with Lord Tenterden’s Act. ‘ The Act was not to be used to evade proper liability.
Waller LJ VP, Rix LJ, Keene LJ
[2007] EWCA Civ 1201, Times 08-Jan-2008, [2008] BCC 301, [2007] All ER (D) 293 (Nov)
Statute of Frauds (Amendment) Act 1828
England and Wales
Appeal from – Drouzhba v Wiseman and Another QBD 3-Nov-2006
. .
Cited – Standard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4) HL 6-Nov-2002
Fraudulent Misrepresentation by Company Director
Fraudulent bills of lading had been issued in order to rely upon letters of credit issued by the bank. The director signing the bills sought to avoid personal liability, saying it was the Act of the company. The defendant company also appealed on . .
Cited – Lyde v Barnard CExC 1836
Cited – John Hudson v Oaten CA 19-Jun-1980
The plaintiff sought to avoid the 1828 Act (Lord Tenterden’s Act). Lakeview, had agreed to buy a substantial quantity of oil from them but was never in a position to do so. The plaintiffs sought their loss from the defendant, Mr. Oaten, and not . .
Cited – Lindsay v O’Loughnane QBD 18-Mar-2010
The claimant had purchased Euros through a foreign exchange dealer. The dealer company became insolvent, causing losses to the claimant, who sought to recover from the company’s managing director, the defendant, saying that he was aware of the . .
Cited – Lindsay v O’Loughnane QBD 18-Mar-2010
The claimant had purchased Euros through a foreign exchange dealer. The dealer company became insolvent, causing losses to the claimant, who sought to recover from the company’s managing director, the defendant, saying that he was aware of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.261451
The claimant said that he had been unlawfully detained after completing his sentence for theft. The defendant had continued his detention saying that he was an Algerian, and pending re-admission to Algeria. The Algerians did not recognise him.
[2007] EWHC 2411 (Admin)
Updated: 12 July 2022; Ref: scu.260204
The parties disputed on preliminary issues the ownership of the rights in the trade mark ‘World Cup Willie’. The claimant had set out to register the mark, and the defendant gave notice of its intention to oppose. The claimant now alleged threat and unlawful interference in contractual relations. The defendant alleged copyright infringement in the drawing of the new World Cup Willie.
Held: Though the claimant had copied elements of the defendant’s drawing, there was no substantial copying such as to infringe. The defendant had not abandoned its intention to trade on the name, and there remained a residual goodwill in the name in 2005. The claimants knew of the residual goodwill in the name, and had made the application in bad faith.
Roger Wyand QC
[2007] EWHC 2376 (Ch)
Copyright Designs and Patents Act 1988 52, Copyright (Industrial Process and Excluded Articles) (No. 2) Order 1989 3, Copyright Act 1956 10
England and Wales
Cited – Star Industrial Company Limited v Yap Kwee Kor trading as New Star Industrial Company PC 26-Jan-1976
(Singapore) The plaintiff Hong Kong company had manufactured toothbrushes and exported them to Singapore, for re-export to Malaysia and Indonesia, but with some local sales as well. Their characteristic get-up included the words ‘ACE BRAND’ and a . .
Cited – Gromax Plasticulture Ltd v Don and Low Nonwovens Ltd PatC 12-Jun-1998
The court set out tests of bad faith for applications for the registration of trade marks: ‘I shall not attempt to define bad faith in this context. Plainly it includes dishonesty and, as I would hold, includes also some dealings which fall short of . .
Cited – Ajit Weekly (Trade Mark: Invalidity) IPO 29-Dec-2005
Professor Annand set out the combined test of bad faith in a trade mark application: ‘Bad faith is to be judged according to the combined test of dishonesty for accessory liability to breach of trust set out by the majority of the House of Lords in . .
Cited – Barlow Clowes International Ltd and Another v Eurotrust International Ltd and others PC 10-Oct-2005
(Court of Appeal of the Isle of Man) Defendants appealed a finding of dishonest assistance in the activities of Barlow Clowes.
Held: The judge had been able to reach the conclusions on the basis of the evidence. The appeal of the deemster . .
Cited – Harrison v Teton Valley Trading Co; Harrison’s Trade Mark Application (CHINAWHITE) CA 27-Jul-2004
The applicant had been an employee of the objector at their nightclub ‘Chinawhite’ and whose principal attraction was a cocktail of the same name. Employees signed a confidentiality agreement as to the recipe. Having left the employment, the . .
Cited – In re Corgi 1999
Geoffrey Hobbs QC said: ‘On the evidence before me I am prepared to accept that at the date of the application for registration of the later CORGI trade mark: (i) the applicant was the proprietor of a substantial and valuable goodwill built-up and . .
Cited – Twinsectra Ltd v Yardley and Others HL 21-Mar-2002
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach.
Held: ‘Money in a . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.260073
The claimants, demonstrators at Menwith Hill Station, asserted that repeated arrests for trespass were made under unlawful byelaws. In particular they said that the restrictions on trespass were unlawful, since the area was not clearly defined.
Simon Brown, Peter Gibson, Schiemann LJJ
[1996] EWCA Civ 1348, (1996) 160 JP Rep 788, [1997] QB 924, [1996] 4 All ER 523, [1997] 3 WLR 573
England and Wales
Cited – Broads Authority v Fry Admn 5-Nov-2015
The boat owner had charged tolls against the respondent boat owner. He failed to pay saying that his vessel being moored at a private mooring on ‘adjacent water’ he was not liable. His appeal against his conviction had succeeded at the Crown Court, . .
Cited – Mossell (Jamaica) Ltd (T/A Digicel) v Office of Utilities Regulations and Others PC 21-Jan-2010
(Jamaica) Lord Phillips, after referring to the speech of Lord Irvine in Boddington, rejected the submission that the principle in Boddington applies only within criminal prosecutions, adding: ‘What it all comes to is this. Subordinate legislation, . .
Cited – Majera, Regina (on The Application of v Secretary of State for The Home Department SC 20-Oct-2021
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to imprisonment pending deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime.
Held: The appeal succeeded. ‘The giving of . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.432467
The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict liability, and the governor was liable in damages even though he had acted correctly according to then current standards. A court judgment declares the law as it has been. There is no special law relating to prisoners to exempt a governor from liability in such a situation. For the detention to be lawful it must be lawful under domestic law, comply with the general requirements of the Convention, and not be open to criticism on the ground that it is arbitrary. A short-term prisoner who has served half his sentence and a long-term prisoner who has reached his non-parole date have a statutory right to be free: a conditional right, but nonetheless a right, breach of which gives an enforceable right to redress. Lord Slynn discussed the idea of a prospective only ruling, and said that there may be situations in which it would be desirable, and in no way unjust, that the effect of judicial rulings should be prospective or limited to certain claimants. Lord Hobhouse said that prospective ruling was a denial of the constitutional role of the courts.
Lord Slynn of Hadley Lord Browne-Wilkinson Lord Steyn Lord Hope of Craighead Lord Hobhouse of Woodborough
Times 02-Aug-2000, Gazette 17-Aug-2000, [2000] 3 WLR 843, [2001] 2 AC 19, [2000] UKHL 48, [2000] 4 All ER 15, [2000] UKHRR 836
European Convention on Human Rights
England and Wales
Appeal from – Regina v Governor HM Prison Brockhill, ex parte Michelle Carol Evans (No 2) CA 19-Jun-1998
The plaintiff was serving a sentence of imprisonment. Her detention was correctly calculated in accordance with the law as understood. That method was later disapproved when the Divisional Court laid down (everyone has assumed correctly) a different . .
Cited – Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’) HL 25-Nov-2004
Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide dunnage, failure to secure the coils and/or stacking them so that the bottom layers were excessively compressed. The House was . .
Cited – Secretary of State for the Home Department v Hindawi and Headley CA 13-Oct-2004
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his.
Held: The right to be referred to the parole board was a statutory . .
Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Cited – National Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
Cited – Lunn, Regina (on the Application of) v The Governor of HMP Moorland CA 25-May-2006
Having committed an offence whilst on licence, the judge had sentenced the defendant to a term of imprisonment to follow completion of the original sentence. The order drawn up by the clerk recorded that it should be served concurrently. He served . .
Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .
Cited – SK (Zimbabwe) v Secretary of State for the Home Department CA 6-Nov-2008
Immigration detention proper after prison release
The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 . .
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 – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to imprisonment pending deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime.
Held: The appeal succeeded. ‘The giving of . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.159080
(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.’
Lord Devlin
[1970] AC 942, [1969] UKPC 26, [1970] 2 WLR 441, [1969] 3 All ER 1626
England and Wales
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.
Updated: 11 July 2022; Ref: scu.258665
Protesters handed out leaflets and carried posters outside the plaintiff’s estate agency. He claimed in trespass over the public footpath outside his premises. The defendants appealed the grant of an interlocutory injunction to prevent their demonstrations.
Held: The injunction was upheld. The question of rights to use the highway was irrelevant; the court was concerned only with the private law rights of the plaintiff in relation to an alleged private nuisance.
Denning MR, dissenting, said ‘The public have a right of passage over a highway: but the soil may belong to someone else. The owner of the soil may sue if a person abuses the right of passage so as to use it for some other and unreasonable purpose. Such as where a racing tout walked up and down to note the trials of the race horses: see Hickman v Maisey [1900] 1 Q.B.752. But those cases do not give Prebble and Co. A cause of action here: because Prebble and Co. do not own the pavement. It is a highway. The surface is vested in the local authority and they have not complained. Nor could they, since no wrong has been done to them or their interest.’
The courts ‘should not interfere by interlocutory injunction with the right to demonstrate and to protest any more than they interfere with the right of free speech; provided that everything is done peaceably and in good order.’ and ‘the right to demonstrate and the right to protest on matters of public concern . . are rights which it is in the public interest that individuals should possess’ and that ‘history is full of warnings against suppression of these rights’.
Lord Denning MR, Stamp and Orr L.JJ
[1976] 1 QB 142
England and Wales
Cited – Bonnard v Perryman CA 2-Jan-1891
Although the courts possessed a jurisdiction, ‘in all but exceptional cases’, they should not issue an interlocutory injunction to restrain the publication of a libel which the defence sought to justify except where it was clear that that defence . .
Cited – Beatty v Gillbanks QBD 13-Jun-1882
The appellants assembled with others for a lawful purpose, and with no intention of carrying it out unlawfully, but with the knowledge that their assembly would be opposed, and with good reason to suppose that a breach of the peace would be . .
Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
Cited – Jones and Lloyd v Director of Public Prosecutions Admn 23-Jan-1997
The appellants had been peacefully protesting at Stonehenge. They were among others who refused to leave when ordered to do so under an order made by the police officer in charge declaring it to be a trespassory assembly under the 1986 Act. They . .
Cited – Roberts and Others v Regina CACD 6-Dec-2018
Sentencing of Political Protesters
The defendants appealed against sentences for causing a public nuisance. They had been protesting against fracking by climbing aboard a lorry and blocking a main road for several days.
Held: The appeals from immediate custodial sentences were . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 July 2022; Ref: scu.192198
The court looked at the limitations: (1) the legal protection of sports data and other information which is not subject to traditional intellectual property rights; (2) the scope of an action under the equitable doctrine of breach of confidence or misuse of confidential information; and (3) the nature of the economic tort known as unlawful means conspiracy.
The claimant provided live racing data to race courses. SIS had previously contract to provide similar data, but had lost that right by expiry. The claimant appealed from rejection of its assertion that the continued supply if such data to race courses was un unlawful conspiracy to obstruct its own contract.
Lewison, Arnold, Phillips LJJ
[2020] EWCA Civ 1300, [2020] WLR(D) 543
England and Wales
Cited – Total Network Sl v Revenue and Customs HL 12-Mar-2008
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations . .
Appeal from (reversed) – The Racing Partnership Ltd and Others v Done Brothers (Cash Betting) Ltd and Others ChD 8-May-2019
Actions concerning the alleged infringement of the claimants’ rights in respect of data relating to horseracing. The claimant had provided horse race betting odds (Betting shows) to race course owners. A rival company had provided similar data to . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 July 2022; Ref: scu.654548
[2018] EWHC 887 (Comm)
England and Wales
Updated: 11 July 2022; Ref: scu.609088
Claims in deceit against directors of company now insolvent.
[2005] EWHC 2056 (QB)
England and Wales
Updated: 11 July 2022; Ref: scu.263175
[2007] EWHC 91 (QB)
England and Wales
Updated: 11 July 2022; Ref: scu.254571
The appellant sought to re-open a decision of the Court of Appeal saying that fresh evidence had emerged which he said demonstrated that Lloyd’s had misled the court at first instance.
Buxton LJ, Moore-Bick LJ
[2007] WL 2817792, [2007] EWCA Civ 586, [2008] 1 WLR 75
England and Wales
Cited – London Borough of Southwark v Dennett CA 7-Nov-2007
The defendant tenant had been delayed for over five years by the claimant in buying his council house. He stopped paying rent in protest, and the council brought possession proceedings. He then paid his rent and continued in his counterclaim to . .
Cited – Owens v Noble CA 10-Mar-2010
The respondent had been awarded substantial damages after an accident for which the appellant was responsible. The appellant now said that the claimant had exaggerated his injuries and misled the judge. The defendant argued that the correct approach . .
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.
Updated: 11 July 2022; Ref: scu.253509
Claim for misreprsentation by defendant estate agent on sale of properties in Spain.
[2007] EWCA Civ 518
England and Wales
Updated: 11 July 2022; Ref: scu.253265
Allegations were made of different varieties of fraud. Applications were made for freezing orders.
David Steel J
[2007] EWHC 1217 (Comm)
England and Wales
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 – The Niedersachsen ChD 1983
In order to obtain, or to enlarge a freezing order, the applicant must show that in considering the evidence as a whole he has, at a minimum, a ‘good arguable case’, and also the existence of a real risk of dissipation or secretion of assets. . .
Cited – Re Lord Cable 1976
Slade J said: ‘I add one further observation in relation to the evidentiary position. American Cyanamid Co. v. Ethicon Ltd. may have led prospective plaintiffs to the belief, perhaps partially justified, that it is not necessary for them to adduce . .
Cited – Eng Mee Yong v Letchumanan 1980
Lord Diplock said: ‘Although in the normal way it is not appropriate for a judge to attempt to resolve conflicts of evidence on affidavit, this does not mean that he is bound to accept uncritically, as raising a dispute of fact which calls for . .
Cited – Fyffes Group Ltd and Others v Templeman and Others QBD 14-Jun-2000
A person who bribed an agent to award a contract was liable to account for profits secured by the bribery as was the agent he bribed, but unlike for the agent, the extent of his liability was limited to exclude profits which he would have earned in . .
Cited – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
Cited – Lewis v Freighthire Ltd CA 1-Feb-1999
Application for amendment of pleadings – basis whether there exists ‘a serious issue to be tried.’ . .
See Also – Fiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006
The parties disputed whether their claim should be arbitrated.
Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The . .
See Also – Fiona Trust Holding Corporation and others v Privalov and others ComC 19-Jan-2007
. .
See Also – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
See Also – Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov HL 17-Oct-2007
The owners of a ship sought to rescind charters saying that they had been procured by bribery.
Held: A claim to rescind a contract by reason of bribery fell within the scope of an arbitration clause under which the parties had agreed to refer . .
See Also – Fiona Trust and Holding Corporation and others v Privalov and others ComC 22-Jul-2008
. .
Lists of cited by and citing cases may be incomplete.
Updated: 11 July 2022; Ref: scu.252440
Teare J
[2007] EWHC 917 (QB)
England and Wales
Updated: 11 July 2022; Ref: scu.251792
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order had been made for his deportation, and for his continued detention pending deportation. He could not be returned to Zimbabwe, and was held for 27 months until bail was granted. The policty had required his detention to be subject to regular reviews, but these had not been carried out.
Held: (By Majority, Brown, Roger LL dissenting) The appeal succeeded. The respondent was under a public law duty, and the repeated failure to review the detentions made the detention unlawful. However the damages might be nominal if it could be shown that the detention would have continued if the reviews had taken place. The fact that the fault was procedural only did not mean that the lawfulness of the detention was unaffected. In this case the very purpose of the missed reviews was to ensure the continued legality of the detention, and therefore missing them went directly as to its lawfulness.
Lord Kerr observed that Hardial Singh principles are ‘more favourable to detainees than Strasbourg requires.’
Lord Hope of Craighead said that the published policy narrowed the power of the executive to detain by requiring that any detention be reviewed regularly. It was therefore an abuse of the power for any person to be detained if that detention was not reviewed at regular intervals. He continued , saying that the policy was designed to give practical effect to the Hardial Singh principles and to meet the requirement that, to be lawful, the measures had to be transparent and not arbitrary; that the policy contained a set of instructions with which officials were expected to comply; that the policy and the principles went ‘hand in hand’; and that the discretion to continue detention had to be exercised in accordance with the principles but also in accordance with the policy.
Lord Hope, Deputy President, Lord Rodger, Lady Hale, Lord Brown, Lord Kerr
[2011] 1 WLR 1299, [2011] UKSC 23, UKSC 2009/0022
Bailii, Bailii Summary, SC Summary, SC
Immigration Act 1971 Sch 3 p2(2), 2(3)
England and Wales
Appeal From – SK (Zimbabwe) v Secretary of State for the Home Department CA 6-Nov-2008
Immigration detention proper after prison release
The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 . .
Cited – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
At First Instance – Lumba, Regina (on the Application of) v Secretary of State for the Home Department Admn 4-Jul-2008
The failed asylum claimant challenged as unlawful his continued detention pending return to Congo. . .
Cited – Abdi and others v Secretary of State for the Home Department Admn 19-Dec-2008
The claimants, foreign nationals, had been detained pending deportation after completion of sentences of imprisonment. They challenged the policy that such deportees should be held by default pending deportation.
Held: David J granted . .
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 – In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
Cited – Holgate-Mohammed v Duke HL 1984
A police officer had purported to arrest the plaintiff under the 1967 Act, suspecting her of theft. After interview she was released several hours later without charge. She sought damages alleging wrongful arrest. The judge had found that he had . .
Cited – Khadir, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Jun-2005
The applicant who had entered England hidden in a lorry, claimed asylum, and had his claim rejected. It was said that as an Iraqi Kurd, he would be safe in the Kurdish area of Iraq. No safe means had been found of ensuring his return over some four . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Cited – Tan Te Lam v Superintendent of Tai A Chau Detention Centre PC 27-Mar-1996
(Hong Kong) Migrants from Vietnam of Chinese ethnic origin had landed in Hong Kong by boat, and been refused refugee status. They were detained for several years under section 13D of the Immigration Ordinance ‘pending . . removal from Hong Kong’. . .
Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Cited – Roberts v Chief Constable of Cheshire Constabulary CA 26-Jan-1999
The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful . .
Cited – Nadarajah and Amirhanathan v Secretary of State for the Home Department CA 8-Dec-2003
The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that . .
Cited – Secretary of State for the Home Department v Saadi, Maged, Osman, Mohammed CA 19-Oct-2001
The Secretary appealed against a decision that the detention of certain asylum applicants was unlawful. The detention was for a limited period, but he had put forward no reason for the detentions of the individuals.
Held: The Act authorised . .
Cited – Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested; CA 16-Jul-2003
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion.
Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not . .
Cited – Cullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland) HL 10-Jul-2003
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
Cited – I, Regina (on the Application of) v Secretary of State for the Home Department CA 28-Jun-2002
The appellant obtained asylum but was convicted of offences after entering, and ordered to be deported. Whilst serving his sentence the deportation order was served, but he was not released on licence at the time he would normally have been . .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – X v United Kingdom ECHR 5-Nov-1981
(Commission) The application was made a patient, restricted under the 1959 Act. A mental health review tribunal which concluded that the continued detention of a restricted patient was no longer justified had power to recommend but not to order the . .
Cited – Prison Officers Association v Iqbal CA 4-Dec-2009
The claimant, a prisoner, alleged false imprisonment. The prison officers had taken unlawful strike action leaving him to be confined within his cell and unable to be involved in his normal activities. In view of the strike, a governor’s order had . .
Cited – Wells, Regina (on the Application of) v Parole Board Admn 22-Sep-2009
‘To the extent that the prisoner remains incarcerated after tariff expiry without any current and effective assessment of the danger he does or does not pose, his detention cannot in reason be justified. It is therefore unlawful.’ . .
Cited – A and Others v The United Kingdom ECHR 19-Feb-2009
(Grand Chamber) The applicants had been subjected to severe restrictions. They were foreign nationals suspected of terrorist involvement, but could not be deported for fear of being tortured. The UK had derogated from the Convention to put the . .
Cited – In re S-C (Mental Patient: Habeas Corpus) CA 22-Nov-1995
The Court of Appeal issued habeas corpus because the applicant was committed to a mental institution pursuant to an application which was made by somebody who lacked the statutory authority to make it. The right of personal freedom is fundamental. . .
Cited – Saadi v Italy (United Kingdom intervening) ECHR 28-Feb-2008
(Grand Chamber) When considering the appropriateness of a deportation order to a country with which the deporting country had a memorandum of understanding that the destination country would not torture the deportee, a court must look beyond the . .
Cited – Chahal v The United Kingdom ECHR 15-Nov-1996
Proper Reply Opportunity Required on Deportation
(Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of . .
Cited – Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2) HL 27-Jul-2000
The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict . .
Cited – Langley and others v Liverpool City Council and others CA 11-Oct-2005
Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the . .
Cited – HL v United Kingdom ECHR 2004
Lack of Patient Safeguards was Infringement
The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further . .
Cited – Bostridge v Oxleas NHS Foundation Trust CA 10-Feb-2015
The claimant had been detained as a mental patient, but it was accepted that that detention had been unlawful as to over 400 days. The respondent argued that since he might have been detained in any event under other powers, he should receive only . .
Cited – Mandalia v Secretary of State for The Home Department SC 14-Oct-2015
The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his . .
Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Cited – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed . .
Cited – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
Cited – B (Algeria) v Secretary of State for The Home Department SC 8-Feb-2018
Bail conditions only after detention
B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 July 2022; Ref: scu.440441
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 unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be detained for that purpose. They might equally have been held under the published policy.
Held: There had been a duty to publish such policies, and the failure to publish them made the detentions unlawful.
The court rejected the proposal to allow so called vindicatory damages in Tort. Lord Dyson said: ‘I see no justification for letting such an unruly horse loose on our law. In my view, the purpose of vindicating a claimant’s common law rights is sufficiently met by (i) an award of compensatory damages, including (in the case of strict liability torts) nominal damages where no substantial loss is proved, (ii) where appropriate, a declaration in suitable terms and (iii) again, where appropriate, an award of exemplary damages. There is no justification for awarding vindicatory damages for false imprisonment.’
In the case of Lumba the matter was to be remitted for consideration of the appropriate level of damages.
Dyson L said: ‘in cases such as these, all that the claimant has to do is to prove that he was detained. The Secretary of State must prove that the detention was justified in law. She cannot do this by showing that, although the decision to detain was tainted by public law error in the sense that I have described, a decision to detain free from error could and would have been made.’
. . And ‘The precise extent of how much detail of a policy is required to be disclosed was the subject of some debate before us. It is not practicable to attempt an exhaustive definition. It is common ground that there is no obligation to publish drafts when a policy is evolving and that there might be compelling reasons not to publish some policies, for example, where national security issues are in play. Nor is it necessary to publish details which are irrelevant to the substance of decisions made pursuant to the policy. What must, however, be published is that which a person who is affected by the operation of the policy needs to know in order to make informed and meaningful representations to the decision-maker before a decision is made.’
Hale L said: ‘We are concerned with a decision taken at the highest level of Government to detain certain people irrespective of the statutory purpose of the power to detain. The common law has shown itself capable of growing and adapting to meet new situations. It has recently invented the concept of a conventional sum to mark the invasion of important rights even though no compensatory damages are payable.’ and ‘The evidence shows that concern was expressed in the Home Office from an early stage about the lawfulness of the policy, and that a deliberate decision was taken to continue an unlawful policy. As Lord Dyson says, caseworkers were directed to conceal the true reason for detention, namely the unpublished policy, and to give other reasons which appeared to conform with the published policy. Home Office officials recognised that ‘Ministers’ preferred position may be to continue to detain all FNPs and let the immigration judges take any hit which is to be had by releasing on bail.’ The draft policy submission circulated in May 2007 recommended a change in policy, but also set out continued detention as one of the options, recognising that legal advisers considered that the department would lose on any legal challenge. The draft added: ‘ . . we could present any change in our approach as having been forced on us by the courts’.’
(Phillips, Brown, Roger LL dissenting)
Lord Phillips, President, Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Collins, Lord Kerr, Lord Dyson
[2011] UKSC 12, UKSC 2010/0062, UKSC 2010/0063, [2012] 1 AC 245, [2011] UKHRR 437, [2011] 4 All ER 1, [2011] 2 WLR 671
Bailii, Bailii Summary, SC, SC Summary
Immigration Act 1971, Magna Carta 1215 39, Statute of Westminster (1354)
England and Wales
Appeal from – KM (Zimbabwe) v Secretary of State for The Home Department CA 17-Mar-2011
. .
Approved – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
At first instance – Lumba, Regina (on the Application of) v Secretary of State for the Home Department Admn 4-Jul-2008
The failed asylum claimant challenged as unlawful his continued detention pending return to Congo. . .
At first instance – Abdi and others v Secretary of State for the Home Department Admn 19-Dec-2008
The claimants, foreign nationals, had been detained pending deportation after completion of sentences of imprisonment. They challenged the policy that such deportees should be held by default pending deportation.
Held: David J granted . .
Approved – I, Regina (on the Application of) v Secretary of State for the Home Department CA 28-Jun-2002
The appellant obtained asylum but was convicted of offences after entering, and ordered to be deported. Whilst serving his sentence the deportation order was served, but he was not released on licence at the time he would normally have been . .
Cited – Nadarajah and Amirhanathan v Secretary of State for the Home Department CA 8-Dec-2003
The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that . .
Cited – Ashori, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-May-2008
. .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – The Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
Cited – Medvedyev And Others v France ECHR 29-Mar-2010
(Grand Chamber) A Cambodian vessel, The Winner, trafficked drugs on the high seas (Cape Verde). It was detected and boarded by the French authorities, detaining the crew on board and took them on the vessel to France for trial. France was, but . .
Cited – Regina v Department of Education and Employment ex parte Begbie CA 20-Aug-1999
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the . .
Cited – Sedrati and Others, Regina (On the Application of) v Secretary of State for the Home Department Admn 17-May-2001
The court was asked to consider a policy on the detention on release from prison of foreign national prisoners pending their anticipated deportation. Moses J granted a declaration that the terms of paragraph 2 of Schedule 3 of the 1971 Act do ‘not . .
Cited – Gillan and Quinton v The United Kingdom ECHR 12-Jan-2010
The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed.
Held: The powers given to the . .
Cited – SK (Zimbabwe) v Secretary of State for the Home Department CA 6-Nov-2008
Immigration detention proper after prison release
The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 . .
Cited – Regina v Secretary of State for the Home Department ex parte Anufrijeva HL 26-Jun-2003
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several . .
Cited – Salih and Another v Secretary of State for the Home Department Admn 8-Oct-2003
An asylum seeker who was found to be destitute and had failed in his application was entitled to restricted support under the section. The respondent implemented a policy restricting the restriction on the use of the power to those who had some . .
Cited – Allen v Wright 4-Jul-1838
allen_wright1838
EngR In an action for false imprisonment, the defendant justified on the ground that the plaintiff had been his lodger, and after she had left her apartments he discovered that some feathers were missing from a . .
Cited – Liversidge v Sir John Anderson HL 3-Nov-1941
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents.
Held: The . .
Cited – Regina v Lichniak HL 25-Nov-2002
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate.
Held: The case followed on . .
Cited – Ilijkov v Bulgaria ECHR 26-Jul-2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-4; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention . .
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
Cited – Bordikov v Russia ECHR 8-Oct-2009
. .
Cited – Bykov v Russia ECHR 10-Mar-2009
. .
Cited – Saadi v United Kingdom ECHR 29-Jan-2008
(Grand Chamber) The applicant sought judicial review of the decision to detain him for a short period while his asylum claim was being subject to fast-track processing. The decision was made pursuant to a policy under which all asylum claimants . .
Cited – Holgate-Mohammed v Duke HL 1984
A police officer had purported to arrest the plaintiff under the 1967 Act, suspecting her of theft. After interview she was released several hours later without charge. She sought damages alleging wrongful arrest. The judge had found that he had . .
Cited – Harrikissoon v Attorney-General of Trinidad and Tobago PC 1980
(Trinidad and Tobago) The appellant teacher alleged that he had been transferred from one school to another without proper notice and as punishment. The appellant instead of following a laid out procedure which would have eventually led to a . .
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 – Kuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
Cited – Wandsworth London Borough Council v Winder HL 1985
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
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 . .
Criticised – Roberts v Chief Constable of Cheshire Constabulary CA 26-Jan-1999
The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful . .
Cited – Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office HL 24-Jul-1991
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Mosley v News Group Newspapers Ltd QBD 24-Jul-2008
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and . .
Cited – Cooper v The Board of Works For The Wandsworth Destrict 21-Apr-1863
Where a land-owner owner had failed to give proper notice to the Board, the Board had, under the 1855 Act, power to demolish any building he had erected and recover the cost from him. The plaintiff said that the Board had used that power without . .
Cited – Kuchenmeister v Home Office QBD 1958
The plaintiff, a German national landed at Heathrow airport en route to Dublin. The immigration officers, instead of refusing him leave to land (as they had been instructed to do), detained him at the airport until it was too late for him to catch . .
Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
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 – BK (Failed Asylum Seekers) Democratic Republic of Congo CG IAT 18-Dec-2007
On return to the DRC failed asylum seekers do not per se face a real risk of persecution or serious harm or treatment contrary to Article 3 ECHR. In so finding this decision updates and reaffirms existing country guidance. . .
Cited – A, Regina (on the Application of) v Secretary of State for the Home Department CA 30-Jul-2007
The applicant had had his application for asylum rejected. Pending deportation, he had been held in custody. The court had found his detention unlawful.
Held: The Home Secretary’s appeal succeeded. The power to detain in such circumstances had . .
Cited – The Attorney General of the State of Saint Christopher and Nevis and Anguilla v John Joseph Reynolds PC 25-Jun-1979
. .
Cited – Langley and others v Liverpool City Council and others CA 11-Oct-2005
Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the . .
Cited – Chester v Afshar HL 14-Oct-2004
The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The . .
Cited – Rees v Darlington Memorial Hospital NHS Trust HL 16-Oct-2003
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages.
Held: The House having considered the issue in MacFarlane only . .
Cited – Chahal v The United Kingdom ECHR 15-Nov-1996
Proper Reply Opportunity Required on Deportation
(Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of . .
Cited – Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2) HL 27-Jul-2000
The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict . .
Cited – Taunoa and others v Attorney General and another 31-Aug-2007
(Supreme Court of New Zealand) Complaints by prisoners at treatment under prisons’ behaviour modification programmes. . .
Cited – Uren v John Fairfax and Sons Pty Ltd 2-Jun-1966
(High Court of Australia) ‘It seems to us that, in a case where there is no qualified privilege to report or repeat the defamatory statements of others, the whole cohesion of the law of defamation would be destroyed, if it were permissible merely to . .
Cited – Regina v Governor of Richmond Remand Centre, Ex Parte Asghar QBD 1971
The Secretary of State had detained two persons who were awaiting removal with the object that they should testify in a pending criminal trial. Lord Parker J rejected the suggestion that the detention could be justified as reasonable in these . .
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 – James v The Attorney General of Trinidad and Tobago PC 29-Jul-2010
(Trinidad and Tobago) . .
Cited – Sutcliffe v Pressdram Ltd CA 1991
A 600,000 pound compensatory award was set aside by the Court of Appeal on the grounds that it must have been made on the wrong basis, almost certainly so as to punish Private Eye. The Court of Appeal could not substitute its own award for that of a . .
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 – Rantzen v Mirror Group Newspapers (1986) Ltd and Others CA 1-Apr-1993
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by . .
Cited – In re S-C (Mental Patient: Habeas Corpus) CA 22-Nov-1995
The Court of Appeal issued habeas corpus because the applicant was committed to a mental institution pursuant to an application which was made by somebody who lacked the statutory authority to make it. The right of personal freedom is fundamental. . .
Cited – Tan Te Lam v Superintendent of Tai A Chau Detention Centre PC 27-Mar-1996
(Hong Kong) Migrants from Vietnam of Chinese ethnic origin had landed in Hong Kong by boat, and been refused refugee status. They were detained for several years under section 13D of the Immigration Ordinance ‘pending . . removal from Hong Kong’. . .
Cited – Kuddus v Chief Constable of Leicestershire Constabulary HL 7-Jun-2001
There is no rule of law preventing the award of exemplary damages against police officers. The fact that no case of misfeasance in public office had led to such awards before 1964, did not prevent such an award now. Although damages are generally . .
Cited – Regina (Konan) v Secretary of State for the Home Department Admn 21-Jan-2004
The claimants alleged that their immigration detention had been unlawful.
Held: Collins J said: ‘Since the detention at least since 24 June 2002 was contrary to the defendant’s own policy as published in Chapter 38, it was unlawful. In so . .
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 – Durity v the Attorney General (Trinidad and Tobago) PC 8-Dec-2008
. .
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 – Inniss v The Attorney General of Saint Christopher and Nevis PC 30-Jul-2008
(Saint Christopher and Nevis) . .
Cited – Fraser v Judicial and Legal Services Commission and Another PC 6-May-2008
(Saint Lucia) . .
Cited – In re Racal Communications Ltd; In Re a Company HL 3-Jul-1980
Court of Appeal’s powers limited to those Given
The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Cited – Regina v Secretary of State for the Home Department Ex parte Saadi and others HL 31-Oct-2002
The applicants were Kurdish asylum seekers. The Home Secretary introduced powers to detain certain asylum seekers for a short period in order to facilitate the speedy resolution of their applications. Only those who it was suspected might run away . .
Cited – Secretary of State for the Home Department v Saadi, Maged, Osman, Mohammed CA 19-Oct-2001
The Secretary appealed against a decision that the detention of certain asylum applicants was unlawful. The detention was for a limited period, but he had put forward no reason for the detentions of the individuals.
Held: The Act authorised . .
Cited – Regina v London Borough of Newham and Bibi and Al-Nashed CA 26-Apr-2001
The housing authority had mistakenly thought that it was obliged to re-house the applicants under the Act with secure accommodation, and promised them accordingly.
Held: That promise had created a legitimate expectation: ‘In all legitimate . .
Cited – Regina v Broadcasting Complaints Commissioner, Ex parte Owen CA 1985
May LJ said: ‘Where the reasons given by a statutory body for taking or not taking a particular course of action are not mixed and can clearly be disentangled, but where the court is quite satisfied that even though one reason may be bad in law, . .
Cited – Regina v Hull University Visitor, Ex parte Page; Regina v Lord President of the Privy Council ex Parte Page HL 3-Dec-1992
The decisions of University Visitors are subject to judicial review in that they exercise a public function. English law no longer draws a distinction between jurisdictional errors of law and non-jurisdictional errors of law.
However, the . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – Castle and Others v Commissioner of Police for The Metropolis Admn 8-Sep-2011
The claimants, all under 17 years old, took a peaceful part in a substantial but disorderly demonstration in London. The police decided to contain the section of crowd which included the claimants. The claimants said that the containment of children . .
Cited – AA, Regina (on The Application of) v Secretary of State for The Home Department SC 10-Jul-2013
The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he . .
Cited – Reilly and Another, Regina (on The Application of) v Secretary of State for Work and Pensions SC 30-Oct-2013
The Secretary of State appealed against the decision in favour of Ms Reilly and Mr Wilson, that the 2011 Regulations, made under section 17A of the 1995 Act, did not comply with the requirements of that section, and (ii) a cross-appeal brought by . .
Cited – Bostridge v Oxleas NHS Foundation Trust CA 10-Feb-2015
The claimant had been detained as a mental patient, but it was accepted that that detention had been unlawful as to over 400 days. The respondent argued that since he might have been detained in any event under other powers, he should receive only . .
Cited – Mandalia v Secretary of State for The Home Department SC 14-Oct-2015
The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his . .
Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .
Cited – O, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Apr-2016
The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending . .
Cited – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed . .
Cited – B (Algeria) v Secretary of State for The Home Department SC 8-Feb-2018
Bail conditions only after detention
B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 July 2022; Ref: scu.430823
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other inmates. The respondent argued that immigration officers had immunity from suit.
Held: Brooke LJ said that what the law requires is that the policies for administrative detention are published and that immigration officers do not stray outside the four corners of those policies when taking decisions in individual cases. Where a detention would normally be regarded as unlawful, and led to a loss of liberty, an immigration officer enjoyed no immunity from suit, and was liable to pay compensation. The arguments of policy to deny compensation were overwhelmed by those recognising the seriousness of unlawful detention.
If the proceedings in that case in which damages were claimed for false imprisonment in breach of the claimants’ Convention rights were viable, they were properly brought as a private law action.
Lord Justice Brooke Vp Ca, Lord Justice Thomas, Lord Justice Jacob
[2005] EWCA Civ 38, Times 10-Feb-2005, [2005] INLR 27, [2006] 1 All ER 183, [2006] 1 WLR 1003
England and Wales
Cited – Anisminic Ltd v Foreign Compensation Commission HL 17-Dec-1968
There are no degrees of nullity
The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a . .
Cited – Regina v Secretary of State for the Home Department Ex parte Saadi and others HL 31-Oct-2002
The applicants were Kurdish asylum seekers. The Home Secretary introduced powers to detain certain asylum seekers for a short period in order to facilitate the speedy resolution of their applications. Only those who it was suspected might run away . .
Cited – Mohammed Ullah v Secretary of State for the Home Office and Another CA 5-Jul-1994
The revocation of a deportation order does not make a detention pending deportation retrospectively unlawful. . .
Cited – Regina v Governor of Durham Prison, ex parte Hardial Singh QBD 13-Dec-1983
Unlawful Detention pending Deportation
An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he . .
Cited – Nadarajah and Amirhanathan v Secretary of State for the Home Department CA 8-Dec-2003
The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that . .
Cited – V v The United Kingdom; T v The United Kingdom ECHR 16-Dec-1999
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the . .
Cited – Percy and Another v Hall and Others QBD 31-May-1996
There was no wrongful arrest where the bylaw under which it was made was invalid. The question is the belief of the arresting officers. The effect of retrospective legislation is not always fully worked through. English law provides no cause of . .
Cited – Grinham v Willey 1859
A felony crime was reported to the police by the defendant. The police officer attended, and on the information supplied arrested the plaintiff who was taken to the police station and charged, signing the charge sheet.
Held: The defendant was . .
Cited – Davidson v Chief Constable of North Wales Police and Another CA 31-May-1993
A store detective said the plaintiffs had stolen from the store. He was wrong. The plaintiffs sought damages from the defendant for false imprisonment.
Held: If the police use their own discretion to arrest a suspect, an informer is not liable . .
No longer sustainable – Everett v Griffiths HL 1921
The plaintiff had been committed to a mental hospital. The question was whether the doctor (Anklesaria) who signed the certificate to support his committal was liable to him in negligence.
Held: The House affirmed the judgment of the Court of . .
Cited – Eshugbayi Eleko v Office Administering the Government of Nigeria HL 24-Mar-1931
The claimant sought a writ of habeas corpus.
Held: Lord Atkin said that in a habeas corpus case, ‘no member of the executive can interfere with the liberty or property of a British subject except on condition that he can support the legality . .
Cited – Liversidge v Sir John Anderson HL 3-Nov-1941
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents.
Held: The . .
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 – TF, Regina (on the Application of) v Secretary of State for Justice CA 18-Dec-2008
The claimant had been near to completing a sentence for serious violence. He now challenged the way in which, as his sentenced approached completion, the defendant had sought an order transferring him to a secure mental hospital. He was served with . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – Ruddy v Chief Constable, Strathclyde Police and Another SC 28-Nov-2012
The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the . .
Cited – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 July 2022; Ref: scu.222041
The revocation of a deportation order does not make a detention pending deportation retrospectively unlawful.
Kennedy LJ
Independent 05-Jul-1994, [1995] Imm AR 166
England and Wales
Cited – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Doubted – DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department SC 26-Feb-2020
Challenge to deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 July 2022; Ref: scu.90046
[2007] EWHC 952 – 2 (Ch)
England and Wales
See Also – Zambia, Attorney General of Zambia for and on Behalf of v Meer Care and Desai (A Firm) and others ChD 7-Oct-2005
Reasons for dismissal of stay for certain defendants. . .
See Also – Zambia v Meer Care and Desai (A Firm) and others CA 7-Mar-2006
The appellant sought a stay of the action brought against them. The cliamants sought the return of goernment funds said to have been misappropriated. . .
See Also – Zambia, Attorney General v Meer Care and Desai (A Firm) and others ChD 22-May-2006
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others ChD 4-May-2007
. .
Appeal from – Attorney General of Zambia v Meer Care and Desai (A Firm) and others CA 31-Jul-2008
The defendants appealed against two orders made in proceedings by the new government of Zambia alleging various tortious conspiracies by defendants with members of the former government.
Held: Appeals by the remaining two partners in the firm . .
See Also – Zambia v Meer Care and Desai (A Firm) and others CA 9-Jul-2008
The claimant sought to allege fraud by its former president, and began proceedings to recover payments it said were fraudulent, including against a defendant Taylor in Switzerland, who now said that no letter before action or other explanation . .
See Also – Zambia v Meer Care and others (1414) CA 17-Dec-2007
Two applications for permission to appeal . .
See Also – Zambia v Meer Care and others (1415) CA 17-Dec-2007
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others (No. 2) ChD 29-Jun-2007
. .
Lists of cited by and citing cases may be incomplete.
Updated: 10 July 2022; Ref: scu.251660
[2001] EWCA Civ 223
England and Wales
Updated: 10 July 2022; Ref: scu.200779
The claimant was a young epileptic and autistic adult. On a supervised trip to a swimming pool, he became fascinated by the water, and the pool staff called the police. Through the police misunderstanding his needs, he ended up first in the water and then being forcibly restrained. The commissioner now appealed against the findings or assault.
Held: The appeal failed. At no point had the officers sought advice from those having care of the claimant or from the pool staff.
Lord Dyson MR said: ‘operational discretion is important to the police. … It has been recognised by the European court: see Austin v United Kingdom 55 EHRR 14, para 56. And I have kept it well in mind in writing this judgment. But operational discretion is not sacrosanct. It cannot be invoked by the police in order to give them immunity from liability for everything that they do.’
Lord Dyson MR, Richards, Black LJJ
[2013] EWCA Civ 69, [2013] MHLR 69, (2013) 16 CCL Rep 109, [2013] HRLR 18, [2013] PIQR P11, [2013] Eq LR 363, [2013] 1 WLR 3021, [2013] 3 All ER 113, [2013] WLR(D) 66
England and Wales
Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Cited – DB v Chief Constable of Police Service of Northern Ireland SC 1-Feb-2017
The appellant said that the police Service of Northern Ireland had failed properly to police the ‘flags protest’ in 2012 and 2013. The issue was not as to the care and effort taken, but an alleged misunderstanding of their powers.
Held: Treacy . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 July 2022; Ref: scu.470967
(Opinion of Lord Osborne) The claimant sought damages saying that he had suffered abuse while a pupil at the approved school managed by the respondents. The claim was a test case as there were pending some 150 additional cases where abuse was alleged at the hands of brothers at that school.
Held: There was no basis upon which the allegation of vicarious liability on the part of the Institute could succeed and the claim was accordingly dismissed.
Lord Osborne, Lord Clarke, Lord Marnoch
2007 SCLR 360, [2007] ScotCS CSIH – 27, 2007 GWD 16-301, 2007 SC 556
See Also – AM v Reverend Joseph Hendron and others OHCS 13-Sep-2005
Serious abuse was said to have been inflicted by monks of the De La Salle order on those in their charge at an approved school in Scotland. The former pupil claimant contended that the SED owed him a non-delegable duty which entitled him to . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 July 2022; Ref: scu.251054
Allegations against former senior manager of conspiracy to take secret payments from customers.
[2002] EWHC 1992 (Ch)
England and Wales
Updated: 10 July 2022; Ref: scu.178007
Appeal against finding that a police officer had assaulted the claimant in the course of his arrest.
Mr Justice Jeremy Baker
[2019] EWHC 1485 (QB)
England and Wales
Updated: 10 July 2022; Ref: scu.638448
Mitting J
[2014] EWHC 4015 (QB)
England and Wales
Updated: 09 July 2022; Ref: scu.539375
Challenge as to ownership of two paintings.
Tugendhat J
[2008] EWHC 336 (QB)
England and Wales
Updated: 09 July 2022; Ref: scu.266045
Rimer J
[2007] EWHC 1422 (Ch)
England and Wales
Updated: 09 July 2022; Ref: scu.253761
The defendants suspected a carousel VAT fraud. The defendants appealed a finding that there was a viable cause of action alleging a ‘conspiracy where the unlawful means alleged is a common law offence of cheating the public revenue’. The defendants argued (inter alia) that the attempted recovery was void under the Billl of Rights.
Held: The revenue’s appeal failed. The claim was a proper claim for damages: ‘the crucial issue is to determine the nature of this claim in conspiracy. Assuming for the purpose of this argument that a claim in conspiracy does lie, then this is a claim for damages for a perfectly proper, well-recognised tort, the tort of conspiring together to defraud the claimant. That the measure of damages suffered by such a claimant may be measured by reference to the amount by which the Exchequer’s income is depleted does not in our view alter the essential character of the claim as one for damages, not as a levy of money for the use of the Crown without grant of Parliament. ‘ However, the Baldaz case, which was binding on the court, required the commissioners to establish an unlawful act actionable at their suit in order to pursue a claim for an unlawful means conspiracy. It had not done so.
Ward LJ, Chadwick LJ, Gage LJ
[2007] EWCA Civ 39, [2007] 2 WLR 1156
Value Added Tax Act 1994 1, EC Sixth Council Directive on the harmonisation of the laws of the member States relating to turnover taxes (77/388/EEC) 28c(A)(a), Value Added Tax Regulations 1995 134
England and Wales
Cited – Bond House Systems Ltd v Customs and Excise VDT 8-May-2003
The Tribunal described the general nature of a carousel fraud: ‘In its simplest form a carousel fraud works in this way. A VAT-registered trader, A, in one European Union member state sells taxable goods to a VAT-registered trader, B, in another . .
Cited – Optigen Ltd, Fulcrum Electronics Ltd, Bond House Systems Ltd v Commissioners of Customs and Excise ECJ 12-Jan-2006
ECJ Sixth VAT Directive – Article 2(1), Article 4(1) and (2) and Article 5(1) – Deduction of input tax – Economic activity – Taxable person acting as such – Supply of goods – Transaction forming part of a chain . .
Cited – Optigen Ltd, Fulcrum Electronics Ltd, Bond House Systems Ltd v Commissioners of Customs and Excise ECJ 12-Jan-2006
ECJ Sixth VAT Directive – Article 2(1), Article 4(1) and (2) and Article 5(1) – Deduction of input tax – Economic activity – Taxable person acting as such – Supply of goods – Transaction forming part of a chain . .
Cited – Optigen Ltd, Fulcrum Electronics Ltd, Bond House Systems Ltd v Commissioners of Customs and Excise ECJ 12-Jan-2006
ECJ Sixth VAT Directive – Article 2(1), Article 4(1) and (2) and Article 5(1) – Deduction of input tax – Economic activity – Taxable person acting as such – Supply of goods – Transaction forming part of a chain . .
Cited – Lonhro plc v Fayed 19-Jul-1988
The plaintiff and defendant competed in bidding for a public company. The plaintiff having been restrained by the Secretary of State, alleged that the defendant had used a fraudulent misrepresentation to achieve this.
Held: It was not a tort . .
Cited – Attorney-General v Wilts United Dairies Ltd CA 1921
The Food Controller had been given power under the Defence of the Realm Acts to regulate milk sales. In granting the dairy a licence to buy milk in Cornwall, Devon, Dorset and Somerset, the Food Controller required the Dairy to pay 2d. per imperial . .
Cited – Attorney-General v Wilts United Dairies Ltd HL 1922
The House heard an appeal by the Attorney-General against a finding that an imposition of duty on milk sales was unlawful.
Held: The appeal failed. The levy was unlawful. Lord Buckmaster said: ‘Neither of those two enactments enabled the Food . .
Cited – Congreve v Secretary of State for the Home Office CA 1976
The appellant had bought his television licence when the charge was andpound;12 although the minister had already announced that it would later be increased to andpound;18. The Home Office wrote to those who had purchased their licence before the . .
Cited – Gosling v Veley 1850
Wilde CJ said: ‘The rule of law that no pecuniary burden can be imposed upon the subjects of this country, by whatever name it may be called, whether tax, due, rate, or toll, except under clear and distinct legal authority, established by those who . .
Cited – Crofter Hand Woven Harris Tweed Company Limited v Veitch HL 15-Dec-1941
The plaintiffs sought an interdict against the respondents, a dockers’ union, who sought to impose an embargo on their tweeds as they passed through the port of Stornoway.
Held: A trade embargo was not tortious because the predominant purpose . .
Cited – Sorrell v Smith HL 1925
Torts of Conspiracy by Unlawful Means
The plaintiff had struck the first blow in a commercial battle between the parties, and the defendant then defended himself, whereupon the plaintiff sued him.
Lord Cave quoted the French saying: ‘cet animal est tres mechant; quand on . .
Cited – Hargreaves v Bretherton 1959
The Plaintiff pleaded that the First Defendant police officer had falsely and maliciously and without justification or excuse committed perjury at the Plaintiff’s trial on charges of criminal offences and that as a result the Plaintiff had been . .
Cited – Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
Cited – Williams v Hursey 1959
High Court of Australia – For an unlawful means conspiracy, the plaintiff must prove that the combination or agreement was to engage in conduct which amounted to unlawful means . .
Cited – Marrinan v Vibart CA 1962
The court considered an action in the form an attempt to circumvent the immunity of a witness at civil law by alleging a conspiracy.
Held: The claim was rejected. The court considered the basis of the immunity from action given to witnesses. . .
Cited – Re Holmden’s Settlement Trusts CA 1966
Lord Denning MR said: ‘I must, however, consider the statement of Lord Upjohn on the footing that it is one of two reasons which he gave for his decision. It is said that both reasons are binding on all courts in the land, including the House of . .
Cited – Regina v Mavji CACD 1987
The court considered the offence of cheating the public revenue.
Held: Cheating might include any form of fraudulent conduct which resulted in diverting money from the revenue and depriving the revenue of money to which it was entitled. . .
Binding – Applied – Powell and Another v Boldaz and others CA 1-Jul-1997
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had . .
Cited – Kuwait Oil Tanker Company SAK and Another v Al Bader and Others CA 18-May-2000
The differences between tortious conspiracies where the underlying acts were either themselves unlawful or not, did not require that the conspiracy claim be merged in the underlying acts where those acts were tortious. A civil conspiracy to injure . .
Cited – Michaels and Michaels v Taylor Woodrow Developments Ltd, etc ChD 19-Apr-2000
The respondents sought to strike out the claim for conspiracy and failure to comply with the Act. The respondent was landlord of premises occupied by the claimants. They had served a notice under the Act of their intention to sell.
Held: The . .
Cited – Morelle Ltd v Wakeling CA 1955
The plaintiff asserted ownership of leasehold land. A similar situation had arisen in an earlier case befoe the Court of appeal, and the court was asked to decide that that case had been decided per incuriam.
Held: The per incuriam principle . .
Cited – Williams v Fawcett CA 1985
The court was asked as to the requirement of a notice to show cause why a person should not be committed to prison for contempt of court.
Held: The court refused to follow its earlier decisions as to committal procedures where they were the . .
Cited – Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another HL 25-Oct-2006
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred.
Held: The claim was in restitution, and the limitation period began to run from the date when . .
Cited – Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department CA 23-Jul-1997
The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it.
Held: Where A becomes . .
Cited – Total Network Sl v Revenue and Customs HL 12-Mar-2008
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 July 2022; Ref: scu.248324
[2007] EWHC 39 (Comm)
England and Wales
See Also – Fiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006
The parties disputed whether their claim should be arbitrated.
Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The . .
See Also – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
See Also – Fiona Trust Holding Corp and others v Privalov and others ComC 21-May-2007
Allegations were made of different varieties of fraud. Applications were made for freezing orders. . .
See Also – Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov HL 17-Oct-2007
The owners of a ship sought to rescind charters saying that they had been procured by bribery.
Held: A claim to rescind a contract by reason of bribery fell within the scope of an arbitration clause under which the parties had agreed to refer . .
See Also – Fiona Trust and Holding Corporation and others v Privalov and others ComC 22-Jul-2008
. .
Lists of cited by and citing cases may be incomplete.
Updated: 09 July 2022; Ref: scu.247998
The claimant made a claim for misfeasance in public office. The defendant argued that such a claim required proof of special damage. The claimant said that the deprivation of liberty amounted to such damage. Whilst serving a prison sentence the police had advised the prison service to move him from an open prison to secure conditions at first for his own safety, and then on other grounds. He said that the informatin was given in bad faith.
Held: The court assumed at this stage that the basis of the claim was true. Loss or damage was an essential ingredient of the tort of misfeasance. A person who was unlawfully detained as a result of false imprisonment was entitled to general damages. It did not seem correct in principle to distinguish between what was injury or damage for the purposes of false imprisonment on the one hand and misfeasance on the other. Loss of liberty should be relevant injury or damage in both cases or neither, and the Thompson guidelines applied in either case. The loss of the freedom he would have enjoyed as a category D prisoner was a sufficient loss.
Sir Anthony Clarke MR, Lord Justice Scott Baker and Lord Justice Thomas
[2006] EWCA Civ 1691, Times 26-Dec-2006, [2007] 1 WLR 1881
England and Wales
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 – Brasyer v Maclean PC 1875
(New South Wales) A false return was made by a sheriff which led to the arrest of the plaintiff and his attachment for 24 hours. The court had non-suited the plaintiff since no malice had been shown.
Held: The appeal succeeded. It was . .
Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Cited – Prison Officers Association v Iqbal CA 4-Dec-2009
The claimant, a prisoner, alleged false imprisonment. The prison officers had taken unlawful strike action leaving him to be confined within his cell and unable to be involved in his normal activities. In view of the strike, a governor’s order had . .
Cited – Houchin v Lincolnshire Probation Trust QBD 9-Apr-2013
The defendant sought to have the claim struck out. The prisoner said that the defendant’s probation officer had through misfeasance in public office arranged for his transfer back to secure conditions from open ones. The parole board panel had found . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.246970
The claimant sought damages alleging misrepresentation of land sold at auction.
Rex Tedd QC J
[2002] EWHC 2441 (Ch)
England and Wales
Cited – Thomas Witter v TBP Industries Ltd ChD 15-Jul-1994
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind.
An acknowledgement of non-reliance clause has become a common part of modern commercial . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.246960
Hacon HHJ
[2019] EWHC 1507 (Ch)
England and Wales
Updated: 08 July 2022; Ref: scu.638277
Renewed application by the claimants for permission to appeal from strike out of claim for damages for the tort of conspiracy to injure by unlawful means.
Fancourt J
[2019] EWHC 1125 (QB)
England and Wales
Updated: 08 July 2022; Ref: scu.638198
Allegation of fraud by mortgagee.
[2019] EWHC 1043 (Ch)
England and Wales
Updated: 08 July 2022; Ref: scu.638193
Damage is a necessary ingredient of the tort of malicious prosecution. Holt CJ described the interests protected by the tort: ‘there are three sorts of damages, any one of which is sufficient to support this action. First, damage to [the plaintiff’s] fame, if the matter whereof he be accused be scandalous. Secondly, to his person, whereby he is imprisoned. Thirdly, to his property, whereby he is put to charges and expenses.’
Holt CJ
(1698) 12 Mod Rep 208
England and Wales
Cited – Gregory v Portsmouth City Council HL 10-Feb-2000
Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.428022
Applications to modify orders intended to restrain disruption of the intended construction of Research Laboratories by the claimant by animal rights activists
Mr Justice Treacy
[2008] EWHC 75 (QB)
England and Wales
Updated: 08 July 2022; Ref: scu.265928
The claimant sought damages from the defendant who, he said, as director a company had made fraudulent misrepresentations to him so as to lead him to invest in the company which then went into liquidation.
Swift DBE J
[2008] EWHC 1128 (QB)
England and Wales
Updated: 08 July 2022; Ref: scu.268014
Peter Coulson QC J said that in order to establish harassment under the 1997 Act, there must be conduct:
i) which occurs on at least two occasions;
ii) which is targeted at the claimant;
iii) which is calculated in an objective sense to cause alarm or distress;
iv) which is objectively judged to be oppressive and unreasonable.
Peter Coulson QC HHJ
[2007] EWHC 2604 (QB)
Protection from Harassment Act 1997
England and Wales
Approved – Helen Green v DB Group Services (UK) Ltd QBD 1-Aug-2006
The claimant sought damages from her former employers, asserting that workplace bullying and harassment had caused injury to her health. She had had a long term history of depression after being abused as a child, and the evidence was conflicting, . .
See also – Hammond v International Network Services (UK) Ltd and Another CA 15-Sep-2005
Leave application . .
Adopted – Rayment v Ministry of Defence QBD 18-Feb-2010
The claimant sought damages alleging harassment by officers employed by the defendant. An internal investigation had revealed considerable poor behaviour by the senior officers, and that was followed by hostile behaviour. The defendant had put up . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.261578
The appellants were victims of a fraud conducted via the respondent bank by one of their clients. They appealed from a decision that the bank was not liable to the victims either in the equitable tort of knowing or dishonest assistance in a breach of trust, or in restitution for money had and received.
Arden LJ said: ‘before this court or the High Court decides to follow a decision of the Privy Council in place of a decision of the House of Lords the circumstances must be quite exceptional and the court must be satisfied that in practice the result would be a foregone conclusion.’
Pill LJ, Rix LJ, Arden LJ
[2006] EWCA Civ 1492, [2007] WTLR 1, [2007] Bus LR 220, [2007] 1 All ER (Comm) 827, [2007] 1 Lloyd’s Rep 115
England and Wales
Cited – Ivey v Genting Casinos (UK) Ltd (T/A Crockfords) SC 25-Oct-2017
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances . .
Cited – Willers v Gubay ChD 15-May-2015
The court was asked whether the tort of malicious prosecution of civil proceedings is known to English law.
Held: The Crawfod Adjusters case should not be followed: ‘If I am not bound by Gregory, then I see no reason for departing from the . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.245913
Beldam LJ, Otton J, Judge LG
[2000] EWCA Civ 426
England and Wales
Updated: 08 July 2022; Ref: scu.245798
(Australia) There had been a negligent failure in New South Wales to warn a pregnant woman of the dangers of taking the drug thalidimide.
Held: When looking at jurisdiction to hear a complaint of a tort, the court should look to where in substance the tort was committed. Lord Pearson said: ‘It is not the right approach to say that, because there was no complete tort until the damage occurred, therefore the cause of action arose wherever the damage happened to occur. The right approach is, when the tort is complete, to look back over the series of events constituting it and ask the question: where in substance did this cause of action arise?’
and it was ‘manifestly just and reasonable that a defendant should have to answer for his wrongdoing in the country where he did the wrong’.
Lord Pearson, Lord Reid, Lord Morris, Lord Upjohn, Lord Donovan
[1971] AC 458, [1971] UKPC 3, [1971] 1 All ER 694, [1971] 2 WLR 441
New South Wales Common Law Procedure Act 1899 18(4)
Cited – Ashton Investments Ltd. and Another v OJSC Russian Aluminium (Rusal) and others ComC 18-Oct-2006
The claimants sought damages for breach of confidence saying that the defendants had hacked into their computer systems via the internet to seek privileged information in the course of litigation. The defendants denied this and said the courts had . .
Cited – VTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.245757
Applications for permission to appeal (refused)
Waller LJ, Jacob LJ
[2006] EWCA Civ 1133
England and Wales
Updated: 07 July 2022; Ref: scu.244203
The claimant sought damages for personal injury, loss and damage consequent upon sexual abuse and assaults committed upon him by a teacher at Highgate Wood School, Hornsey, London, where he was a pupil from 1980 until 1982 and then again for a short time in 1983/4
Cutts J
[2018] EWHC 3584 (QB)
England and Wales
Updated: 07 July 2022; Ref: scu.638463
Arnold J
[2019] EWHC 1260 (Ch)
England and Wales
Updated: 07 July 2022; Ref: scu.638185
Swift J
[2019] EWHC 1128 (QB)
England and Wales
Updated: 07 July 2022; Ref: scu.638206
The claimant succeeded in his action against the respondent for assault, false imprisonment and malicious prosecution. He appealed his award of damages for malicious prosecution. He had a bad record, and the essential issue was the extent to which the award should be discounted for this.
Held: ‘the figures at the bottom of the judge’s brackets, so far as basic damages are concerned, simply cannot be said to have compensated this appellant for the way he was treated. Any reasonable jury should have appreciated that a failure to award something other than a substantial sum for aggravated damages would send out an entirely wrong message to the respondent. The police officers humiliated the appellant during the incident; they behaved in a high-handed, insulting, malicious and oppressive manner; those who were parties to the incident lied to found false charges, lied at the criminal trial and lied at the civil trial. The custody sergeant then fabricated or supported the fabrication of a story as well. No disciplinary proceedings of any kind have apparently resulted. No jury in my view could have awarded less than andpound;10,000 as aggravated damages. ‘ The award for malicious prosecution was raised also to andpound;4,000.
Waller LJ, Moses LJ, Wilson LJ
[2006] EWCA Civ 879
England and Wales
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 – Clark v Chief Constable of Cleveland Police CA 7-May-1999
It was appropriate for courts in all cases to give juries both general guidance on awarding damages and guidance as to the range of awards available in the circumstances. The court aslo set out the proper approach to the award of aggravated damages . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 July 2022; Ref: scu.242898
[2005] EWCA Civ 953
England and Wales
Cited – Thompson v The United Kingdom ECHR 15-Jun-2004
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses partial award – Convention proceedings . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 July 2022; Ref: scu.229207
[2005] EWCA Civ 806
England and Wales
Updated: 06 July 2022; Ref: scu.228155