Category: Torts – Other

Ganesmoorthy v Ganesmoorthy: CA 16 Oct 2002

The parties had divorced. The wife alleged a serious assault against her husband, and instructed a claims firm to recover damages from him. Her ancillary relief claim in the divorce was compromised with her having sought to rely upon the assault, but without mentioning having instructed the claims firm. The husband resisted these proceedings for damages in tort as an abuse of process.
Held: The wife could not pursue her claim: ‘the wife in this case had the plainest obligation to reveal to her solicitors the intention to advance her claim in tort as an independent adjunct to her claim in ancillary relief.’ and ‘abuse of the kind under discussion is not limited to cases where the issue has been litigated and adjudicated on. It can extend to claims which have not been litigated but which ought to have been raised in previously concluded proceedings. ‘

Judges:

Lord Justice Thorpe Lord Justice May Mr Justice Bodey

Citations:

[2002] EWCA Civ 1748, [2003] 3 FCR 167

Links:

Bailii

Statutes:

Matrimonial Causes Act 1973 25(2)(g)

Jurisdiction:

England and Wales

Citing:

Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .

Cited by:

Cited – Webb v Chapman and others CA 20-Jan-2009
Renewed application for permission to appeal following a provisional refusal.
Held: Notwithstanding the criticism, the appeal should not be allowed to go ahead. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Family

Updated: 27 June 2022; Ref: scu.217669

ABCI v Banque Franco Tunisienne and others: CA 5 Jul 2002

Renewed application for leave to appeal.

Citations:

[2002] EWCA Civ 1117

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – ABCI v Banque Franco-Tunisienne ComC 28-Aug-2002
. .
See Also – ABCI v Banque Franco-Tunisienne ComC 28-Aug-2002
. .
See Also – ABCI v Banque Franco-Tunisienne and others CA 27-Feb-2003
‘The thinking behind the CPR was that they would speak for themselves and that courts would not have to refer to an ever increasing body of authority in order to apply them.’ . .
Cited – Booth v Phillips and Others ComC 17-Jun-2004
The claimant was widow of an engineer who died on the defendant’s vessel in Egypt. She sought damages, but first had to establish jurisdiction.
Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice, Arbitration

Updated: 23 June 2022; Ref: scu.217338

Metall and Rostoff v Donaldson Inc: CA 1990

The court looked at how to establish where a tort was committed in order then to test its jurisdiction: ‘As the rule now stands it is plain that jurisdiction may be assumed only where (a) the claim is founded on a tort and either (b) the damage was sustained within the jurisdiction or (c) the damage resulted from an act committed within the jurisdiction. Condition (a) poses a question which we consider below: what law is to be applied in resolving whether the claim is ‘founded on a tort?’ Condition (b) raises the question: what damage is referred to? It was argued for A.C.L.I. that since the draftsman had used the definite article and not simply referred to ‘damage,’ it is necessary that all the damage should have been sustained within the jurisdiction. No authority was cited to support the suggestion that this is the correct construction of the Convention to which the rule gives effect and it could lead to an absurd result if there were no one place in which all the plaintiff’s damage had been suffered. The judge rejected this argument and so do we. It is enough if some significant damage has been sustained in England. Condition (c) prompts the inquiry: what if damage has resulted from acts committed partly within and partly without the jurisdiction? This will often be the case where a series of acts, regarded by English law as tortious, are committed in an international context. It would not, we think, make sense to require all the acts to have been committed within the jurisdiction, because again there might be no single jurisdiction where that would be so. But it would certainly contravene the spirit, and also we think the letter, of the rule if jurisdiction were assumed on the strength of some relatively minor or insignificant act having been committed here, perhaps fortuitously. In our view condition (c) requires the court to look at the tort alleged in a common sense way and ask whether damage has resulted from substantial and efficacious acts committed within the jurisdiction (whether or not other substantial and efficacious acts have been committed elsewhere): if the answer is yes, leave may (but of course need not) be given. But the defendants are, we think, right to insist that the acts to be considered must be those of the putative defendant, because the question at issue is whether the links between him and the English forum are such as to justify his being brought here to answer the plaintiffs’ claim.’

Citations:

[1990] 1 QB 391

Jurisdiction:

England and Wales

Cited by:

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 – Cooley v Ramsey QBD 1-Feb-2008
The claimant sought damages after being severely injured in a road traffic accident in Australia caused by the defendant. The defendant denied that the court had jurisdiction to permit service out of the jurisdiction. The claimant said that the . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Torts – Other

Updated: 23 June 2022; Ref: scu.245758

Herniman v Smith: HL 1938

The court considered the tort of malicious prosecution.
Held: It is the duty of a prosecutor to find out not whether there is a possible defence, but whether there is a reasonable and probable cause for prosecution. The House approved the statement of principle.
Lord Atkin said: ‘I should define reasonable and probable cause to be, an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would reasonably lead any ordinarily prudent and cautious man, placed in the position of the accuser, to the conclusion that the person charged was probably guilty of the crime imputed.’ and ‘It is not required of any prosecutor that he must have tested every possible relevant fact before he takes action. His duty is not to ascertain whether there is a defence, but whether there is a reasonable and probable cause for a prosecution.’

Judges:

Lord Atkin

Citations:

[1938] AC 305

Jurisdiction:

England and Wales

Citing:

Approved – Hicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .

Cited by:

Cited – Gibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
Cited – Matin v Commissioner of Police of the Metropolis CA 20-Jun-2002
The claimant sought to have restored his claim for malicious prosecution.
Held: ‘The fact that there might be an arguable case that the prosecutor was activated by malice, that is to say, to prosecute for an improper motive, does not of itself . .
Cited – McHarg v Chief Constable of Thames Valley Police ChD 9-Jan-2004
The claimant police officer sought damages for malicious prosecution. The defendant applied for the claim to be struck out.
Held: There was insufficient evidence to establish malice. The claim was struck out. . .
Cited – Rowlands v Chief Constable of Merseyside Police CA 20-Dec-2006
The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable.
Held: . .
Cited – Alford v Cambridgeshire Police CA 24-Feb-2009
The claimant police officer had been held after an accident when he was in a high speed pursuit of a vehicle into the neighbouring respondent’s area. The prosecution had been discontinued, and he now appealed against rejection of his claims for . .
Cited – Moulton v Chief Constable of The West Midlands CA 13-May-2010
The claimant appealed against dismissal of his claim for damages for malicious prosecution and misfeasance in public office. He had been arrested and held on allegations of serious sexual assaults, but then released when the matter came to the Crown . .
Cited – Howarth v Gwent Constabulary and Another QBD 1-Nov-2011
The claimant alleged malicious prosecution and misfeasance in public office against the defendant. He had been charged with perverting the course of justice. He had worked for a firm of solicitors specialising in defending road traffic prosecutions. . .
Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Williamson v The Attorney General of Trinidad and Tobago PC 3-Sep-2014
(Trinidad and Tobago) The claimant had been held after arrest on suspicion of theft. He was held for several months before the case was dismissed, the posecution having made no apparent attempt to further the prosecution. He appealed against refusal . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 21 June 2022; Ref: scu.184704

City of London Group Plc and Another v Lothbury Financial Services Ltd and Others: ChD 8 Nov 2012

Claims for declarations, accounts, damages and injunctive relief for alleged breach of fiduciary duty, passing off, conversion, money had and received and conspiracy.

Judges:

Proudman J

Citations:

[2012] EWHC 3148 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Company, Torts – Other

Updated: 21 June 2022; Ref: scu.465891

Mutua and Others v The Foreign and Commonwealth Office: QBD 5 Oct 2012

Action for damages for personal injuries brought by five claimants in respect of alleged torts of assault and battery and negligence, for which it is said the defendant is liable as representing Her Majesty’s government in the United Kingdom. The injuries in respect of which the claims are made are said to have been deliberately inflicted on the claimants while they were in detention in Kenya, in varying periods between 1954 and 1959, by officers and soldiers of the Kenya police force, the Home Guard and/or the Kenya Regiment.

Judges:

Justice McCombe

Citations:

[2012] EWHC 2678 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Limitation, Torts – Other

Updated: 21 June 2022; Ref: scu.464788

Trustor Ab v Smallbone and Another (No 2): ChD 30 Mar 2001

Directors of one company fraudulently diverted substantial sums to another company owned by one of them. The defrauded company sought return of the funds, from the company and from the second director on the basis that the corporate veil should be lifted by treating the receipt by the company as his.
Held: Not every impropriety would lead to such a conclusion, but here the company was a device or facade used for a fraud, and the court treated the receipt by the company as receipt by the defendant. Sir Andrew Morritt V-C identified three suggested categories of cases in which it may be appropriate to pierce the corporate veil, including (1) cases in which the company was shown to be a facade or a sham, and (2) cases where the company was involved in some impropriety, and (3) where it is necessary to do so in the interests of justice and no unconnected third party is involved.
Sir Andrew Morritt VC said: ‘Companies are often involved in improprieties. Indeed there was some suggestion to that effect in Salomon v A Salomon and Co Ltd [1897] AC 22. But it would make undue inroads into the principle of Salomon’s case if an impropriety not linked to the use of the company structure to avoid or conceal liability for that impropriety was enough.’
and: ‘the court is entitled to ‘pierce the corporate veil’ and recognise the receipt of the company as that of the individual(s) in control of it if the company was used as a device or facade to conceal the true facts thereby avoiding or concealing any liability of those individual(s).’

Judges:

James Morritt V-C

Citations:

Times 30-Mar-2001, Gazette 17-May-2001, [2001] 1 WLR 1177, [2001] EWHC 703 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Trustor Ab v Smallbone and others CA 19-Jan-1999
Appeal against refusal to allow the defendant, subject to a Mareva injunction, to charge his house to pay his legal fees. . .
See Also – Trustor AB v Smallbone and others CA 9-May-2000
. .

Cited by:

Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Cited – Coles and others (Trustees of the Ward Green Working Mens Club) v Samuel Smith Old Brewery (Tadcaster) (Unltd Company) and Another CA 29-Nov-2007
The claimants appealed refusal of an order for specific performance of a contract for the purchase of land under the exercise of an option agreement. The defendant had conveyed the land to a subsidiary in order to defeat the option.
Held: ‘The . .
Cited – Ben Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
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 . .
Criticised – Prest v Petrodel Resources Ltd and Others SC 12-Jun-2013
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The . .
Lists of cited by and citing cases may be incomplete.

Company, Torts – Other

Updated: 18 June 2022; Ref: scu.90013

JJD SA v Avon Tyres Ltd: QBD 19 Jan 1999

The plaintiff claims against the defendant damages for the loss, alternatively, conversion of certain tyre moulds to which the plaintiff lays claim, while in the possession of the defendant.

Judges:

Evans-Lombe J

Citations:

[1999] EWHC QB 265

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 18 June 2022; Ref: scu.163128

Bv Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc: CA 9 Apr 2019

The Court was asked as to two quite separate issues. The first main issue relates to the requirement of inducement in a case of fraudulent misrepresentation. The questions that arise on this first issue were: ‘1) whether the normal requirement for rescission in misrepresentation cases that the representee must prove that he was induced to enter the relevant contract by the misrepresentation made by the representor is any different if the representation was made fraudulently (rather than innocently or negligently); more particularly whether the onus is on the representee to prove he was induced or on the representor to show that the representee was not so induced;
2) whether what is to be proved is (1) that the representee would not have made the relevant contract if the misrepresentation had not been made; or (2) that the representation played a part/no part of the decision to make the contract; or (3) that the representee might not have made the contract or; indeed, (4) that he would have wished to consider his position without being able to say at trial what it is that he would have done; and
3) whether, on the primary findings of fact of the judge, the right to rescind for misrepresentation was made out.
The second main issue is whether, if a contract of sale is performed partly by the seller as the contracting party and partly by a non-contractual party but with the consent of the buyer (the counter party to the contract), the contracting party can recover for both its own losses and those of the non-contracting party, in the event that the buyer, in breach of contract, refuses to perform.’

Citations:

[2019] EWCA Civ 596

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 18 June 2022; Ref: scu.635641

Patel, Regina (on The Application of) v Secretary of State for The Home Department: CA 24 Jun 2015

Appeal against an order giving judgment for the respondent against the appellant, the Secretary of State for the Home Department, in the sum of pounds 125,000 by way of damages (including both aggravated and exemplary damages) for false imprisonment. Findings of false evidence by immigration officers.
Held: The appeal was allowed: ‘ the Judge’s reasoning is profoundly unsatisfactory and unfair and does not come close to justifying the factual findings that he made.’

Citations:

[2015] EWCA Civ 645

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Immigration

Updated: 18 June 2022; Ref: scu.549438

Daley v Bakiyev: QBD 29 Jul 2016

The claimant had been shot as part of a murder plot. He claimed damages saying that the event was at the behest of the defendant.
Held: The Claimant has failed to establish that the Defendant ‘organised and arranged’ his shooting. Accordingly this claim is dismissed.

Judges:

Supperstone J

Citations:

[2016] EWHC 1972 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 18 June 2022; Ref: scu.567818

Platt v Platt and Another: ChD 19 Jul 1999

Citations:

[1999] 2 BCLC 745

Jurisdiction:

England and Wales

Cited by:

Appeal from – Kieth Platt v Colin Platt and Another CA 13-Dec-2000
The applicant appealed an order setting aside transfers to him of shares in a family company, found to have been made after misrepresentation and a breach of fiduciary duty. Three companies owned by the family had fallen into difficulties, and the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Company

Updated: 18 June 2022; Ref: scu.229777

M. Michaels (Furriers) Limited v Askew and Others: CA 25 Jun 1983

The court heard an appeal against injunctions granted in an animal rights protest context against named Defendants on their own behalf and on behalf of other members of an unincorporated association.
Held: Appeal denied. Care had to be taken against abuse, but that where a number of unidentified persons were causing injury and damage by unlawful acts and there was an arguable case that they belonged to a single organisation, the rule enabled the court to do justice in the particular case: ‘Every case must be determined as one of degree by reference to the particular circumstances.’ An injunction can be ordered against unknown members of loosely formed unincorporated association. Dunn. LJ ‘Care must be taken to ensure that Ord. 15 v 12 is not abused. But when a number of unidentified person are causing injury and damage by unlawful acts of one kind or another, and there is an arguable case that they belong to a single organisation or class which encourages action of the type complained of, and their actions can be limited to that organisation, then the rule enables the Court to do justice in the particular case. The narrow construction of the rule advanced b y Mr. Warner would in my view deprive the Courts in a situation like this of a useful remedy.’ Purchase LJ: ‘Convenient administration of justice, in my judgement demands that the Courts should be able to afford effective protection to the victims of illegal or threatened illegal action by members of associations whose declared aims are in line with a calculated to promote such illegal action.’

Judges:

Rose LJ, Dunn LJ, Purchase LJ

Citations:

Times 25-Jun-1983, [1983] C.A. Bound Transcript 278

Jurisdiction:

England and Wales

Cited by:

Cited – Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty QBD 28-May-2004
The claimant companies conducted forms of medical research to which the respondents objected, and showed their objections by a wide variety of acts and threats which the claimants sought to have stopped. The defendants sought discharge of an interim . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 16 June 2022; Ref: scu.197907

Holownia v Secretary of State for The Home Department: Admn 3 Apr 2019

Quantum of damages for admitted unlawful detention of the Claimant. The Claimant is one of a number of individuals who are part of a cohort of European Economic Area ‘rough sleeper’ cases. He was unlawfully detained pursuant to the Defendant’s policy of issuing removal papers to, and detaining, EEA nationals who were alleged to be homeless and therefore not exercising Treaty rights pursuant to the Immigration (EEA) Regulations 2006

Citations:

[2019] EWHC 794 (Admin)

Links:

Bailii

Statutes:

Immigration (EEA) Regulations 2006

Jurisdiction:

England and Wales

Torts – Other, Immigration, Damages

Updated: 14 June 2022; Ref: scu.635269

City of Glasgow Bank Liquidation – (Houldsworth’s Case) – Houldsworth v Liquidators of The City of Glasgow Bank: HL 12 Mar 1880

Held ( aff. judgment of the First Division of Court of Session) that a man induced by the fraudulent misrepresentation of agents of a company to take shares in the company, cannot, after he discovers the fraud, elect to retain the shares and to sue the company for the fraud.
A party bought stock in a bank of unlimited liability from its manager and directors. Some two years afterwards the bank failed, and calls were made upon him in respect of the stock which he had purchased. A month after the liquidation commenced he raised an action of damages against the bank on the allegation that he had been induced to purchase the stock by the fraudulent misrepresentations of the manager and directors. The action concluded for payment of the original price of the stock, damages for the loss suffered by the payment of the first call, and for payment of a sum of money to meet future calls. With a view to obtain this he asked either for a pari passu ranking with the creditors of the company, or for relief (after the creditors had been paid) out of the surplus assets of the company or out of the private estates of those partners of the company who might then be solvent. Held ( aff. Court of Session) that as the only remedy which would have been open to the pursuer if the bank had still been carrying on business would have been an action for rescission involving restitutio in integrum, and as that remedy was now impossible owing to the insolvency of the bank, the pursuer’s claim resolved into a demand, not against the incorporated company, but against the individual corporators, who were asked to relieve him of his liabilities after the ordinary creditors had been satisfied, and that as such it could not be maintained.

Judges:

Lord Chancellor (Cairns), Lord Hatherley, Lord Selborne, and Lord Blackburn

Citations:

[1880] UKHL 510, 17 SLR 510

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 14 June 2022; Ref: scu.635630

Carr v Fracis Times and Co: HL 1902

The House considered a claim following seizure of ammunition by British officers in Muscat under the authority of a proclamation of the absolute ruler, the Sultan of Muscat, whose word was law.
Held: The appeal succeeded. To found an action here arising from an action taken abroad, the wrong must be both such that had it been committed here, it would have been a tort, and that it was justiciable as a wrong in the place where it had been committed. The action having been at the request of the lawful authority in Muscat, no action was available here against the naval officer involved.
The Earl of Halsbury LC’s said that the lawfulness of what happened
‘rests, and must rest, upon the authority of the sovereign of Muscat; and it appears to me that any other decision would be open to very serious questions of policy if, in every case where the lord of a country has declared what the law of his own country is, it were open to an English tribunal to enter into the question and to determine, as against him, what was the law of his country.’

Judges:

Lord NacNaghten, The Earl of Halsbury LC

Citations:

[1902] AC 176, 71 LJ KB 361, 85 LT 144, 50 WR 257, 17 TLR 657

Jurisdiction:

England and Wales

Citing:

Appeal from – Fracis Times and Co v Carr CA 1901
To accept that a foreign judgment was in rem, the judgment must relate to an item within (actually or constructively) the jurisdiction of the court issuing the judgment at the time the order was made. . .
Approved – Nabob of The Carnatic v East India Company 28-Jan-1793
The case arose out of the East India Company’s controversial relations with the Nabob at a stage when the courts had not yet learned to identify the East India Company with the British government. The Company had assisted the Nabob, a sovereign . .

Cited by:

Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

International, Torts – Other

Updated: 14 June 2022; Ref: scu.634756

Zafar, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 25 May 2016

Claim for damages after detention uunder the former ‘Detained Fast Track’ system used for persons whose claims for asylum or humanitarian protection were considered by the Defendant to be capable of swift and fair determination were detained and their claims evaluated.

Judges:

Andrews DBE J

Citations:

[2016] EWHC 1217 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Immigration

Updated: 14 June 2022; Ref: scu.564806

Blad v Bamfield: PC 2 Nov 1674

Peter Blad was holder of a patent of monopoly from the King of Denmark to trade in Iceland, then a Danish possession. Bamfield was an Englishman whose property was seized on the high seas in 1668 by the authority of the Danish Crown and forfeited by the Danish courts, on the ground that he had been fishing off Iceland in breach of the monopoly. Some years later, Blad made the mistake of visiting England. Bamfield sued him at law, contending that the monopoly was illegal and invalid since it was contrary to a right to trade which had in practice been recognised by Denmark for 50 years before the seizure. Blad contended that he could not be liable because the seizure was an act of state. He initially complained to the Privy Council on the ground that as an act of state it was susceptible of relief only by diplomatic means.
Held: Perpetual injunction to restrain proceedings against a Dane, for the seizure of property of English subjects in Iceland, the seizure being sanctioned by the Danish authorities.
Bamfield contended that reliance on the Danish letters patent was precluded by the terms of the Anglo-Danish commercial treaty of 1670. This, Nottingham LC said, made all the difference: ‘it is very true that this cause was dismissed from the council board being not looked on there as a case of state, because for aught appeared to them, it might be a private injury, and unwarrantable, and so fit to be left to a legal discussion. But now the very manner of the defence offered by the defendant had made it directly a case of state; for they insist upon the articles of peace to justify their commerce, which is of vast consequence to the public; for every misinterpretation of an article may be the unhappy occasion of a war.’
Nottingham restrained Bamfield’s action at law on the ground that: ‘to send it to a trial at law, where either the court must pretend to judge of the validity of the King’s letters patent in Denmark or of the exposition and meaning of the articles of peace; or that a common jury should try whether the English have a right to trade in Iceland, is monstrous and absurd.’

Judges:

Lord Chancellor Nottingham

Citations:

[1674] EngR 113, (1674) 3 Swans 604, (1674) 36 ER 992

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, International

Updated: 14 June 2022; Ref: scu.406112

Oppenheimer v Cattermole (Inspector of Taxes): HL 5 Feb 1975

HL Income tax, Schedule D – Foreign possessions – Double taxation relief – German government pension for past services – Paid to British subject of German origin – Whether German nationality deemed to be retained – Double Taxation Relief (Taxes on Income) (Federal Republic of Germany) Order 1955 (S.I. 1955 No. 1203), Sch., arts. 11(3), IX(1) and XXI(3); Double Taxation Relief (Taxes on Income) (Federal Republic of Germany) Order 1967 (S.1. 1967 No. 25), Sch., arts. 11(3), IX(2) and XXIII(3).
The 1941 decree of the National Socialist Government of Germany deprived Jewish emigres of their German nationality and, consequentially, lead to the confiscation of their property.
Held: A racially discriminatory and confiscatory law of this sort was so grave an infringement of human rights and of ‘clearly established rules of international law’ that the courts of this country ought to refuse to recognise it as a law at all.

Judges:

Lord Cross of Chelsea

Citations:

[1976] AC 249, [1975] UKHL TC – 50 – 159, [1975] TR 13

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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 – Peer International Corporation Southern Music Publishing Company Inc Peermusic (UK) Limited v Termidor Music Publishers Limited Termidor Musikverlag Gmbh and Co Kg -And-Editoria Musical De Cuba CA 30-Jul-2003
Peer sought declarations that they were the owners, or licensees, of the UK copyright in musical works composed by Cuban nationals, relying on assignments in writing by the composers and in some instances by their heirs. The defendants claimed under . .
Cited – Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another CA 28-Oct-2004
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia.
Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials . .
Cited – Regina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 6-Nov-2002
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance.
Held: Such an . .
Cited – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
Lists of cited by and citing cases may be incomplete.

International, Torts – Other

Updated: 14 June 2022; Ref: scu.179880

Riaz, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 28 Mar 2019

Hearing of the application by the Claimant, Muhammad Ertiza Riaz, for judicial review of the decisions made by the Defendant, the Secretary of State for the Home Department:
i) on 24 August 2018 to detain Mr Riaz under immigration powers for the purposes of removal, and
ii) on 28 August 2018 to curtail his family visit visa so that it expired with immediate effect.

Judges:

David Edwards QC

Citations:

[2019] EWHC 721 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Torts – Other

Updated: 14 June 2022; Ref: scu.635265

LLB Verwaltung (Switzerland) Ag v Group Seven Ltd and Others: CA 11 Apr 2019

Appeals concerning the scope of liability for dishonest assistance in a breach of trust and for vicarious liability in such circumstances. The parties are a range of professionals and organisations who in one way or another became secondary actors in a very substantial fraud.

Judges:

Lord Justice Henderson, Lord Justice Peter Jackson and Lady Justice Asplin

Citations:

[2019] EWCA Civ 614

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Trusts

Updated: 14 June 2022; Ref: scu.635791

Barron Industrial Services Ltd v Hargreaves and others: CA 21 May 2001

Renewed application by four defendants for permission to appeal against an order dismissing the applicants’ application that the action be struck out, alternatively that summary judgment be given in their favour, on the ground that the claim is hopeless.

Judges:

Jonathan Parker LJ

Citations:

[2001] EWCA Civ 874

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 11 June 2022; Ref: scu.201030

Alfa Laval Tumba Ab and Another v Separator Spares International Ltd and Others: CA 29 Nov 2012

Judges:

Sir Andrew Morritt Ch, Longmore, Davis LJJ

Citations:

[2012] EWCA Civ 1569, [2013] 2 All ER (Comm) 177, [2013] FSR 22, [2012] WLR(D) 263, [2013] ICR 455, [2013] 2 All ER 463, [2013] 1 WLR 1110, [2013] ILPr 10, [2013] CP Rep 9

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Torts – Other, Employment, European

Updated: 11 June 2022; Ref: scu.466405

Daily Mirror Newspapers Ltd v Gardner: CA 1968

The Federation of Retail Newsagents decided to boycott the Daily Mirror for a week to persuade its publishers to pay higher margins, and advised them accordingly. The publishers sought an injunction saying the Federation was procuring a breach of the wholesalers’ running contracts with the publishers to take a given number of copies each day. The defendant said that it was a case of indirect inducement because the Federation ‘did not exert directly any pressure or inducement on the wholesalers: but at most they only did it indirectly by recommending the retailers to give stop orders.’
Held: Lord Denning said that it did not matter whether one procured a breach of contract ‘by direct approach to the one who breaks his contract or by indirect influence through others’.

Judges:

Lord Denning MR, Russell LJ

Citations:

[1968] 2 QB 762

Jurisdiction:

England and Wales

Cited by:

Cited – Douglas and others v Hello! Ltd and others; similar HL 2-May-2007
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. . .
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.

Torts – Other

Updated: 11 June 2022; Ref: scu.251732

Richardson v Howie: CA 13 Aug 2004

The claimant sought damages for assault. In the course of a tempestuous relationship, she said the respondent had physically assaulted her in Barbados. He was later convicted of soliciting her murder. She sought and was awarded aggravated damages, but the judge failed to explain his award.
Held: ‘in cases of assault and similar torts, it is appropriate to compensate for injury to feelings including the indignity, mental suffering, humiliation or distress that might be caused by such an attack, as well as anger or indignation arising from the circumstances of the attack. It is also now clearly accepted that aggravated damages are in essence compensatory in cases of assault. Therefore we consider that a court should not characterise the award of damages for injury to feelings, including any indignity, mental suffering, distress, humiliation or anger and indignation that might be caused by such an attack, as aggravated damages; a court should bring that element of compensatory damages for injured feelings into account as part of the general damages awarded. ‘

Judges:

Lord Justice Jacob Lord Justice Thomas

Citations:

[2004] EWCA (Civ) 1127, Times 10-Sep-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
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 – AB v South West Water Services Ltd CA 1993
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility.
Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if . .
Cited – Westward Hardy 1964
The defendant injured the plaintiff with a scythe in circumstances where the defendant erroneously believed that she was on his land.
Held: the defendant’s conduct was wholly unjustifiable and malicious and awarded andpound;550 for damages . .
Cited – W v Meah 1986
The defendant had attacked two women, one he raped and the other he seriously sexually assaulted. They both brought actions claiming damages for personal injuries. The woman who was raped was subjected to what was described by the trial judge as . .
Cited – Appleton and others v Garrett 1996
The plaintiffs were patients of the defendant dentist who had carried out unnecessary treatment on them; they claimed damages for trespass and sought aggravated damages.
Held: There was no reason in principle why awards of aggravated damages . .

Cited by:

Cited – Lawson v Glaves-Smith, Executor of the Estate of Dawes (Deceased) QBD 14-Nov-2006
The claimant sought damages saying that she had been falsely imprisoned, raped and drugged by the defendant who had since died.
Held: The court had only the evidence of the claimant, and must be careful in examining it. On that evidence the . .
Cited – Martins v Choudhary CA 20-Dec-2007
The appellant appealed the award of damages for personal injury and harrassment. He was said to have driven the claimant off the road and to have made racist remarks. He had previously been found to be in contempt of court for breaches of . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 11 June 2022; Ref: scu.200248

Hani El Sayed Sabaei Youssef v The Home Office: QBD 30 Jul 2004

The claimant alleged false imprisonment after his asylum application.
Held: The court will assess the legality of a continued detention on an objective basis; but review is not restricted to a review of the Secretary of State’s decision on Wednesbury grounds.

Judges:

Field, The Honourable Mr Justice Field

Citations:

[2004] EWHC 1884 (QB)

Links:

Bailii

Statutes:

Immigration Act 1971

Jurisdiction:

England and Wales

Torts – Other, Immigration

Updated: 11 June 2022; Ref: scu.199802

Taylor (A Child Proceeding By his Mother and Litigation Friend C M Taylor) v Chief Constable of Thames Valley Police: CA 6 Jul 2004

The Chief Constable appealed aganst a finding that his officers had wrongfully arrested and imprisoned the claimant. The claimant was 10 years old when arrested, and complained that the officers had not properly advised him of the nature and purpose of the arrest.
Held: ‘The question is thus whether, having regard to all the circumstances of the particular case, the person arrested was told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest.’ The cases are fact sensitive. The claimant was told he was being arrested for a violent disorder on an identified previous occasion. To ask the officer to go further would invite even more doubt. As to the period of detention, the judge was entitled to find on the evidence that the delay in interview had been unreasonable.

Judges:

Lord Justice Clarke Lord Justice Sedley Vice-Chancellor, The Vice-Chancellor

Citations:

[2004] EWCA Civ 858, Times 13-Jul-2004, [2004] 3 All ER 503, [2004] 1 WLR 3155

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 – Murphy v Oxford CA 15-Feb-1985
. .
Cited – Abbassy v Commissioner of Police for the Metropolis CA 28-Jul-1989
The court considered what information had to be given to a suspect on his arrest.
Held: The question whether or not the information given is adequate has to be assessed objectively having regard to the information which is reasonably available . .
Cited – Mercer v Chief Constable of Lancashire CA 1991
When justifying a detention, the Chief Constable must prove it ‘was lawful minute by minute and hour by hour’. . .
Cited – Fox, Campbell and Hartley v The United Kingdom ECHR 30-Aug-1990
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and . .
Cited – Wilding v Chief Constable of Lancashire CA 22-May-1995
The court considered a claim by a woman for wrongful arrest and unlawful detention by police officers who had reasonably suspected her of burglary of the house of her former partner. In interview by the police, she denied the offence and made . .
Cited – Woods v Commissioner of Police for the Metropolis CA 26-May-1995
The court in considering the period of detention of the claimant, asked itself whether the circumstances were such that the decision of the custody sergeant was unreasonable in the sense that no custody sergeant, applying common sense to the . .

Cited by:

Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Children

Updated: 11 June 2022; Ref: scu.198601

A and Kanidagli, Regina (on the Application Of) v Secretary of State for Home Department: Admn 6 Jul 2004

The claimants, having been granted leave to remain in the UK, sought damages saying that maladministration by the defendant had led to serious delays in their receiving statutory welfare benefits.
Held: It was fair, just and reasonable that an administrative error of this kind, involving no judgement but simple administration and with a predictable financial effect for which there was no other remedy, should be regarded as arising out of a sufficiently proximate relationship to found a claim for damages.

Judges:

Keith J

Citations:

[2004] EWHC 1585 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Home Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
Lists of cited by and citing cases may be incomplete.

Administrative, Torts – Other, Negligence

Updated: 11 June 2022; Ref: scu.198637

Stolzenberg and others v CIBC Mellon Trust Co Ltd and others: CA 30 Jun 2004

The court considered the issue of the use of a strike out as a sanction for non-compliance with a court order.
Held: The approach of the court in a case considering relief for sanctions – exemplified by RC Residuals v Linton Fuel was bound to be different from that in Arrow Nominees v Blackledge, as there was no ‘unless’ order in the latter case. Her Ladyship stated: ‘The fact that an ‘unless’ order has been made inevitably means that there is an additional factor to consider. Had there been a relevant order in Arrow Nominees, that, too, would have been a factor. It is only a factor to be weighed in the balance. Moreover, compliance with orders of the court is not a question of judicial amore propre. It goes to the essence of the rule of law that parties subject to the court’s jurisdiction . . should comply with the court’s orders. The gravity of the matter of non-compliance is plainly increased where the non-compliance results from a conscious decision, as in this case. It follows, as Ward LJ said in High Tech Limited v Coventry City Council [1997] 1WLR 1666 at 1674 to 1675, that, ‘If a party intentionally or deliberately . . flouts the order, he can expect no mercy’. He has to persuade the court that in all the circumstances the injustice to him outweighs the interests of the administration of justice and the injury to the other party.’

Judges:

Lord Justice Ward Lady Justice Arden Sir William Aldous

Citations:

[2004] EWCA Civ 827

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Gluckstein v Barnes; Re Olympia Ltd, ex parte Gluckstein HL 1900
Directors’ hidden profits disclosable
Promoters of a company had acquired a property intending its resale through the sale of shares in the company. In doing so the original directors made a substantial profit which they did not disclose (though it was discoverable). The company became . .
Cited – R C Residuals Ltd (formerly Regent Chemicals Ltd) v Linton Fuel Oils Ltd CA 2-May-2002
The applicant had failed to comply with an unless order, delivering his expert evidence some 20 minutes late. The evidence had not been allowed. They appealed.
Held: The claim was re-instated. This was not the first occasion of default. . .
See Also – CIBC Mellon Trust Company and others v Stolzenberg CA 15-Jun-2001
Application for leave to appeal, for an extension of time to appeal, and for a stay of execution pending the hearing of the appeal. . .
Appeal from – CIBC Mellon Trust Company and Others v Stolzenberg and Others ChD 3-Feb-2003
Application to set aside judgments entered on failure to comply with ‘unless’ orders.
Held: Etherton J said: ‘The Court of Appeal has laid down guidance as to the approach of the Court when considering an application for relief from sanctions . .

Cited by:

Cited – Tisson v Telewest Communications Group Ltd EAT 19-Feb-2008
The claimant’s claim had been struck out for his failure to comply with an order to serve a list of documents.
Held: The appeal failed. The principles applied under the Civil Procedure Rules should be applied in Employment Tribunals. The . .
See Also – Venulum Property Investments Ltd v Space Architecture Ltd and Others TCC 22-May-2013
The claimant sought an extension of time to serve the Particulars of Claim. The solicitors said that they had misread the relevant Rules.
Held: The solicitors had acted on the basis of the former practice, but the rules had been substantially . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Jurisdiction, Litigation Practice

Updated: 11 June 2022; Ref: scu.198474

Murad, and Murad v Al-Saraj and Westwood Business Inc: ChD 28 May 2004

Judges:

Etherton, The Honourable Mr Justice Etherton

Citations:

[2004] EWHC 1235 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – AbouRahmah and Another v Abacha and others QBD 28-Nov-2005
Claims were made as to an alleged fraud by some of the respondents. . .
Appeal from – Murad and Another v Al Saraj and Another CA 29-Jul-2005
An account of profits is available without proof of loss, and the onus is upon the defaulting party to show that profits are not ones for which he should account . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 11 June 2022; Ref: scu.197931

Hi-Lite Electrical Ltd v Wolseley UK Ltd: QBD 17 Jul 2009

The claimant sought a contribution from the defendant towards its liability for a fire at its premises, as found in earlier proceedings against the now claimant. The defendant had filed a defence merely not admitting, and not denying, responsibility for the fire. The claimant now requested that that defence be struck out as an abuse of process, since it challenged the findings of fact already made by the judge in the case brought against the claimant in the earlier proceedings. The defendants were receiving ongoing but yet incomplete advice from their expert as to the cause.
Held: The defendant’s insurers should have acknowledged receipt of the pre-action correspondence from the claimant’s solicitors. However, the times notified by the claimant had been themselves inadequate, and had the pleading included a denial, the claimant’s position would remain the same.

Judges:

Burnett J

Citations:

[2009] EWHC 3075 (QB), [2010] BLR 225

Links:

Bailii

Statutes:

Electrical Equipment (Safety) Regulations 1994, Directive 98/37/EC

Jurisdiction:

England and Wales

Citing:

Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Cited – Hollington v E Hewthorn and Co Ltd CA 1943
Decisions of an earlier tribunal were not binding or admissible in later proceedings where the earlier proceedings were before a court of criminal jurisdiction. Evidence of a prior conviction would not have been admissible in separate criminal . .
Cited – Hunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Torts – Other

Updated: 11 June 2022; Ref: scu.431289

Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc: CA 1990

There was a complicated commercial dispute involving allegations of conspiracy. A claim by the plaintiffs for inducing or procuring a breach of contract would have been statute-barred in New York.
Held: Slade LJ said: ‘The judge’s approach to the limitation point was further criticised by the defendants’ counsel on the grounds that, following the guidance given by Lord Goff in Spiliada relating to the treatment of a ‘legitimate personal or juridical advantage’ he should first have considered which was the appropriate forum without reference to the juridical advantage which M. and R. would enjoy by proceedings in England, and only if he decided that New York was prima facie the appropriate forum, should have gone on to consider whether, none the less, the limitation point rendered a trial in England necessary for the purpose of doing substantial justice between the parties. We think that the approach to this point suggested on behalf of the defendants is correct in principle and that at least on one reading of the judge’s judgment, he did not follow it, but took into account the juridical advantage point in his initial search for the appropriate forum.’
Slade LJ said: ‘Relief in tort under the principle of Grainger v Hill is not, in our judgment, available against a party who, however dishonestly, presents a false case for the purpose of advancing or sustaining his claim or defence in civil proceedings. This may well cause hardship to an injured party who cannot be sufficiently compensated by an appropriate order for costs. However, if there is a gap in the law it rests on sound considerations of public policy, as does the rule of law which gives immunity to witnesses against civil actions based on the falsity of evidence given in judicial proceedings. If the position were otherwise, honest litigants might be deterred from pursuing honest claims or defences and honest witnesses might be deterred from giving evidence.’

Judges:

Slade LJ

Citations:

[1990] 1 QB 391

Jurisdiction:

England and Wales

Citing:

Appeal from – Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc and another QBD 29-Mar-1988
The plaintiff had suffered damage when given negligent advice. It obtained a judgment but the company became insolvent, and it now sought to sue the US parent company in conspiracy. The defendant said that to establish conspiracy it was necessary . .
Cited – Parker v Schuller CA 1901
The plaintiffs had obtained leave to serve a writ out of the jurisdiction under Order 11, r 1(e) of the RSC on the ground that the claim was for breach of a contract within the jurisdiction. The breach alleged was of a CIF contract, and the . .

Cited by:

Cited – Lewis and others v King CA 19-Oct-2004
The claimant sought damages for defamation for an article published on the Internet. The claimant Don King sued in London even though he lived in the US as did the defendants.
Held: A publication via the internet occurred when the material was . .
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 . .
Cited – Land Securities Plc and Others v Fladgate Fielder (A Firm) CA 18-Dec-2009
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to . .
Cited – NML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .
Cited – Stobart Group Ltd and Others v Elliott QBD 11-Apr-2013
The defendant applied to the court for various officers of the cliamant companies to be subject to contempt proceedings. The claimants asked the court to strike of the defendant’s counterclaim and to make a civil restraint order against him. There . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Torts – Other

Updated: 11 June 2022; Ref: scu.220029

Naylor (T/A Mainstreet) v Payling: CA 7 May 2004

The claimant was injured by a door attendant employed as an independent contractor by the defendant.
Held: The defendant’s duty in selecting an independent contractor was limited to assessing the competence of the contractor. The duties of minding the door were not non-delegable, and therefore there was no additional duty to carry insurance against liability. Here the subcontractor employed doormen who were licensed by the local authority, and the club owner had no duty to enquire further save in exceptional circumstances.

Judges:

Waller, Latham and Neuberger LJJ

Citations:

[2004] EWCA Civ 560, Times 02-Jun-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Gwilliam v West Hertfordshire Hospitals NHS Trust and Others CA 24-Jul-2002
The claimant sought damages. She had been injured after the negligent erection of a stand which was known to be potentially hazardous. The contractor was uninsured, and the claimant sought damages from the Hospital which had arranged the fair in its . .
Cited – Bottomley v Todmorden Cricket Club CA 7-Nov-2003
The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it.
Held: The nature of the activity to be . .

Cited by:

Cited – Glaister and Others v Appelby-In-Westmorland Town Council CA 9-Dec-2009
The claimant was injured when at a horse fair. A loose horse kicked him causing injury. They claimed in negligence against the council for licensing the fair without ensuring that public liability insurance. The Council now appealed agaiinst a . .
Cited – Glaister and Others v Appelby-In-Westmorland Town Council CA 9-Dec-2009
The claimant was injured when at a horse fair. A loose horse kicked him causing injury. They claimed in negligence against the council for licensing the fair without ensuring that public liability insurance. The Council now appealed agaiinst a . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Vicarious Liability

Updated: 10 June 2022; Ref: scu.196769

Saleh Farid v Theodorou: CA 30 Jan 1992

The first defendant had entered into an unauthorised sale and leaseback of the claimant’s car to secure a loan. The second defendant finance company admitted that they had converted the car even though they had not physically possessed it. Their involvement had ‘rendered them parties to the deprivation of the plaintiff’s title to the car’.

Citations:

Unreported 30th January 1992

Jurisdiction:

England and Wales

Cited by:

Distinguished – Marcq v Christie, Manson and Woods Ltd CA 23-May-2003
The claimant’s stolen painting was put up for sale by the defendant. On being withdrawn, they returned it to the person who had brought it in. The claimant sought damages.
Held: There was no reported case in which a court has had to consider . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 10 June 2022; Ref: scu.182758

Midco Holdings Ltd and Another v Piper: CA 6 Apr 2004

Where a defendant in a deceit claim, or in a negligence claim, contends that the claimant must give credit against its losses for financial benefits which are alleged to have resulted from the tort, the evidential burden rests on the defendant to show that the claimant has received the benefit.

Judges:

Tuckey LJ

Citations:

[2004] EWCA Civ 476

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 10 June 2022; Ref: scu.195903

Bushell’s case: 1670

The case was, that Bushel and other jurors in London (for the trial of a traverse on an indictment against several persons for conventicling against the form of the statute lately made) were fin’d and imprisoned at the sessions in the Old Baily, because they gave their verdict against full evidence and the direction of the court in matter of law and so acquitted the prisoners. In this case it was first debated at the Bar, and on the Bench, whether the Common Pleas could award an habeas corpus in this case. Wild, Archer and Tyre1 Justices. This Court may well award it, and for this cited Anderson part 1, 297, 298. 2 Inst 615. Moor Rep 839, 1132. Brownl. part 1, 33, Vaughan Chief Justice on the contrary, and he said, that some habeas corpora’s are granted of course, others not without motion, and for tbis reason on motion, because it is not of necessity to be done of course, therefore there is no necessity for the granting it; for the Court ought to be satisfied that the party hath probably cause to be delivered. This Court has not power to grant it in general, but only in case of privilege, or excess of jurisdiction of an Inferior Court, in which case every one has the privilege of being discharged by the Courts of Westminster. This Court does not grant, because they have cognizance of the cause, but because it is a probable suggestion that this Court can deliver the party. If on the retorn the cause be expresly just, the party ought to be remanded, if expresly unjust, discharged, if doutbtful, bailed. The writ is ad subjiciend’ and recipiend’ qd’ Cur’ consideraverit and ut Cur’ nostr. visa causa illa; or qd’ de jure and consuetudine regni nostr’ fuerit faciend’ andc. But this Court in criminal causes cannot do this. He urged that the want of precedents in this Court is a great argument that such writs are not grantable here. The writ moreover requires that the body una cum die caption’ habeat’, by which the Court ought to be certified how long the party has been in custody ; for if for a long a time and no procedure against him, the Court ought to bail the prisoner though committed for felony or treason, which is improper for this Court that has no cognizance of crimes; for this Court is for Common Pleas, between subject and subject, but in a criminal case the plea is between the King and his prisoner.

Citations:

(1670) 6 St Tr 999, [1729] EngR 49, (1729) T Jones 13, (1729) 84 ER 1123, (1670) Jones T 13, 84 ER 1123

Links:

Commonlii, Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Reynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Torts – Other, Criminal Practice

Updated: 10 June 2022; Ref: scu.194519

Pelling v Johnson: QBD 16 Mar 2004

The claimant sought damages for assault by a court officer while acting as McKenzie Friend.
Held: A minor assault had taken place. The claimant was awarded andpound;50.00 damages.

Judges:

Mr Justice Leveson

Citations:

[2004] EWHC 492 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 10 June 2022; Ref: scu.194582

Co-Operative Group (CWS) Ltd v International Computers Ltd: CA 19 Dec 2003

The judge at first instance had expressed the opinion that the claimant had little prospect of succeeding.
Held: The statement gave the impression that he had lost the ability to hear the ability to hear the case impartially.

Citations:

[2003] EWCA Civ 1955, Times 19-Jan-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Co-Operative Group (Cws) Ltd (Formerly Co-Operative Wholesale Society Ltd) v International Computers Ltd TCC 13-Jan-2003
. .

Cited by:

Appealed to – Co-Operative Group (Cws) Ltd (Formerly Co-Operative Wholesale Society Ltd) v International Computers Ltd TCC 13-Jan-2003
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Contract

Updated: 10 June 2022; Ref: scu.193656

Daghir and Others, Regina (on the Application of) v Secretary of State for Home Department: Admn 13 Feb 2004

Judges:

Hooper J

Citations:

[2004] EWHC 243 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-Feb-2007
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no . .
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 . .
Lists of cited by and citing cases may be incomplete.

Damages, Torts – Other

Updated: 09 June 2022; Ref: scu.193506

Refuge Assurance Co Ltd v Kettlewell: HL 5 Mar 1909

(on Appeal From The Court of Appeal In England) A person holding a policy of life insurance intended to give it up. An agent of the company informed her falsely that by paying for four years more she would become entitled to a fully paid-up policy. On the faith of this she continued paying premiums. At the end of the time the company refused to grant a free policy but retained her premiums.
Held that she was entitled to be repaid the premiums paid by her for the four years.

Judges:

Lord Chancellor (Loreburn), the Earl of Halsbury, Lords Ashbourne, Macnaghten, and James Of Hereford

Citations:

[1909] UKHL 1030, 46 SLR 1030

Links:

Bailii

Jurisdiction:

England and Wales

Agency, Torts – Other

Updated: 09 June 2022; Ref: scu.620573

Society of Lloyd’s v Laws and others: ComC 28 Jan 2004

Judges:

The Honourable Mr Justice Cooke

Citations:

[2004] EWHC 71 (Comm), [2004] EWHC 130 (Comm)

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Laws and others v The Society of Lloyd’s CA 19-Dec-2003
The applicants sought to amend earlier pleadings to add a claim that their human rights had been infringed by the 1982 Act, which gave the respondents certain immunities.
Held: The Human Rights Act 1998 was not retrospective. At the time when . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Professional Negligence, Insurance

Updated: 09 June 2022; Ref: scu.192353

Clarke v Fennoscandia Limited and others: OHCS 23 Jul 2003

Judges:

Lord Kingarth

Citations:

[2003] ScotCS 209, 2003 GWD 31-855, 2004 SC 197, 2003 SCLR 894

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Clarke v Fennoscandia Ltd and others SCS 10-Mar-2000
Outer House – application to recover costs on award by court in Delaware . .

Cited by:

See Also – Clarke v Fennoscandia Limited Freakley, Phillips OHCS 2-Dec-2004
The claimant had said that the defendants conspired to deny him the presidency of a company. He lost his case in the US, and the defendants chased him for costs. He asserted that the US judgment had been obtained by fraud. The defendants undertook . .
See Also – Clarke v Fennoscandia Ltd and others (Scotland) HL 12-Dec-2007
After being awarded costs in proceedings in the US, the defendants chased the claimant for their costs in Scotland. He sought an interdict saying that the judgment had been obtained by fraud. The defendant had give an undertaking not to pursue the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 08 June 2022; Ref: scu.190874

John Stewart Hamilton and others v Allied Domecq Plc: OHCS 1 Aug 2003

Judges:

Lord Abernethy

Citations:

[2003] ScotCS 216

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See Also – Hamilton and Stebbings Inc v Allied Domecq Plc OHCS 30-Mar-2001
As a result of section 10(1) of the 1985 Act, there was no need to enter into the field of Hedley Byrne type ‘special relationships’ and whether a duty of care was owed: the statute provided the remedy, and its practical effect was that one . .

Cited by:

Appeal From – Hamilton and others v Allied Domecq Plc (Scotland) HL 11-Jul-2007
The pursuers had been shareholders in a company which sold spring water. The defenders took shares in the company in return for promises as to the promotion and distribution of the bottled water. The pursuers said that they had failed to promote it . .
Cited – Henderson v Foxworth Investments Limited and Another SC 2-Jul-2014
It was said that land, a hotal and gold courses, had been sold at an undervalue and that the transaction was void as against the seller’s liquidator.
Held: The appeal was allowed. The critical issue was whether ‘the alienation was made for . .
Lists of cited by and citing cases may be incomplete.

Negligence, Torts – Other

Updated: 08 June 2022; Ref: scu.190869

Kings North Trust Ltd v Bell: CA 1986

The wife claimed to have signed a legal charge in favour of the plaintiffs by virtue of her husband’s fraudulent misrepresentation. The charge secured the business borrowings of the husband. She did not get independent advice.
Held: The bank had entrusted the charge to the husband to have it signed by her. He was therefore acting as the bank’s agent, and it was bound by his misrepresentations, and could not enforce the charge. Dillon LJ made it a necessary condition of such a finding that the creditor had entrusted to the husband the task of obtaining his wife’s signature.

Citations:

[1986] 1 All ER 423, [1986] 1 WLR 119

Jurisdiction:

England and Wales

Citing:

Applied – Chaplin and Co Ltd v Brammall CA 1908
The plaintiffs, having agreed to supply goods to the defendant’s husband on credit if his wife would guarantee payment by him of their price, sent to the husband a form of guarantee, in order that he might obtain his wife’s signature to it, leaving . .

Cited by:

Cited – Barclays Bank Plc v O’Brien and Another HL 21-Oct-1993
The wife joined in a charge on the family home to secure her husband’s business borrowings. The husband was found to have misrepresented to her the effect of the deed, and the bank had been aware that she might be reluctant to sign the deed.
Lists of cited by and citing cases may be incomplete.

Banking, Torts – Other

Updated: 08 June 2022; Ref: scu.180578

Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access to the tape.
Held: The arrests were justified even though logically no more than two of the group could have committed the alleged offence. A mere opportunity to commit an offence could in the right circumstances constitute sufficient grounds for suspicion of guilt to support an arrest. The officers had done what they could to minimise the number of people under suspicion, and ‘there is nothing in principle which prevents opportunity from amounting to reasonable grounds for suspicion. Indeed in some circumstances opportunity may be sufficient to found a conviction. That would be the case where the prosecution can prove that no one else had the opportunity to commit the offence. The question in the present case is whether opportunity is sufficient to be reasonable grounds for suspecting six people when the likelihood is that it was only one or perhaps two of those six who were responsible. Again there can be nothing in principle wrong with arresting more than one person even if the crime can only have been committed by one person.’ Appeal dismissed.

Judges:

The President Of The Family Division

Citations:

[2003] EWCA Civ 1844, Times 02-Jan-2004, Gazette 29-Jan-2004

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 24(6)

Jurisdiction:

England and Wales

Citing:

Cited – Castorina v Chief Constable of Surrey CA 10-Jun-1988
Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) . .
Cited – Fox, Campbell and Hartley v The United Kingdom ECHR 30-Aug-1990
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and . .
Mentioned – 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 – Regina v Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
Cited – Regina v Ministry of Defence Ex Parte Smith and Others QBD 7-Jun-1995
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive . .
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 by:

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 . .
Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006
The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. . .
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 – Richardson v The Chief Constable of West Midlands Police QBD 29-Mar-2011
The claimant, a teacher, said he had been unlawfully arrested and detained after an allegation of assault from a pupil. Having attended the police station voluntarily, he said that the circumstances did not satisfy the required precondition that an . .
Cited – Howarth v Commissioner of Police of The Metropolis QBD 3-Nov-2011
The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to . .
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.

Torts – Other, Police

Updated: 08 June 2022; Ref: scu.188909

The Government of Sierra Leone v Davenport and others: ChD 7 Nov 2003

Judges:

The Honourable Mr Justice David Richards

Citations:

[2003] EWHC 2769 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – The Government of Sierra Leone v Davenport and others CA 2002
An application was made to commit a defendant for contempt of court in failing to comply with parts of a court order.
Held: He was found to have been in contempt but the failure had been cured and no penalty beyond costs was imposed on him. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 08 June 2022; Ref: scu.188060

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 which was a battery.
Held: The policy considerations which limit the heads of recoverable damage in negligence do not apply equally to torts of intention. Wilkinson v Downton does not provide a remedy for distress not amounting to recognized psychiatric injury. The prison officers acted in good faith, and there had been no more than ‘sloppiness’ in their failures to comply with the rules. The House could not extend the law to create a new tort of invasion of privacy to provide for damages for distress alone. The existence of a Convention right cannot call for instant manufacture of a corresponding common law right where none exists.

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton, Lord Scott of Foscote

Citations:

[2003] UKHL 53, Times 20-Oct-2003, [2003] 3 WLR 1137, 2004] 2 AC 406

Links:

House of Lords, Bailii

Statutes:

Prisons Act 1952 47(1), European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – 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 – Collins v Wilcock QBD 1984
The defendant appealed against her conviction for assaulting a police constable in the execution of his duty. He had sought to caution her with regard to activity as a prostitute. The 1959 Act gave no power to detain, but he took hold of her. She . .
Mentioned – Wilson v Pringle CA 26-Mar-1986
Two boys played in a school yard. D said he had pulled a bag from the other’s shoulder as an ordinary act of horseplay. The plaintiff said it was a battery.
Held: The defendant’s appeal against summary judgment was allowed. A claim of trespass . .
Distinguished – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited – Malone v Commissioner of the Police for the Metropolis (No 2) ChD 28-Feb-1979
The court considered the lawfulness of telephone tapping. The issue arose following a trial in which the prosecution had admitted the interception of the plaintiff’s telephone conversations under a warrant issued by the Secretary of State. The . .
Cited – Khorasandjian v Bush CA 16-Feb-1993
The plaintiff was an eighteen year old girl who had had a friendship with the defendant, aged 28. The friendship broke down and the plaintiff said she would have no more to do with him, but the defendant did not accept this. There were many . .
Mentioned – Khan v The United Kingdom ECHR 12-May-2000
Evidence was acknowledged to have been obtained unlawfully and in breach of another article of the Convention. The police had installed covert listening devices on private property without the knowledge or consent of the owner. UK national law did . .
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 . .
Cited – Regina v Khan (Sultan) HL 2-Jul-1996
The police had obtained the evidence against the defendant by fixing a covert listening device at an apartment visited by the defendant, and by recording his conversations there. The defendant appealed, saying that the court should have regard to . .
Cited – Kaye v Robertson CA 16-Mar-1990
A newspaper reporter and photographer invaded the (famouse) plaintiff’s hospital bedroom, purported to interview him and took photographs.
Held: The law of trespass provided no remedy because the plaintiff was not owner or occupier of the room . .
Cited – Earl Spencer v United Kingdom ECHR 1998
The English law of confidence provided an adequate remedy to restrain the publication of private information about the applicants’ marriage and medical condition and photographs taken with a telephoto lens. These developments showed that the basic . .
Cited – Campbell v Mirror Group Newspapers plc CA 14-Oct-2002
The newspaper appealed against a finding that it had infringed the claimant’s privacy by publishing a photograph of her leaving a drug addiction clinic.
Held: The claimant had courted publicity, and denied an involvement in drugs. The defence . .
Cited – Derbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
Cited – Peck v The United Kingdom ECHR 28-Jan-2003
peck_ukECHR2003
The claimant had been filmed by CCTV. He had, after attempting suicide, left home with a knife, been arrested by the police and disarmed, but then sent home without charge. The CCTV film was used on several occasions to advertise the effectiveness . .
Cited – Wong v Parkside Health NHS Trust and Another CA 16-Nov-2001
The claimant had sued her former employer for post-traumatic stress resulting from alleged harassment at her place of work. The claimant appealed against an order refusing damages. The court had held that outside the 1997 Act which was not in force . .
Cited – Victorian Railway Commissioners v Coultas PC 21-Jan-1888
(Victoria) The appellant’s gatekeeper had negligently invited the plaintiffs to cross a railway line as a train approached. There was no collision, but the plaintiff sought damages for physical and mental injuries from shock.
Held: The . .
Cited – Dulieu v White and Sons KBD 1901
A pregnant barmaid suffered nervous shock causing her to give premature birth as a result of the tortfeasor’s horse van bursting into her bar at the Bonner Arms in Bethnal Green from the roadway. The defendant pleaded that the damages claimed were . .
Cited – Janvier v Sweeney 1919
During the First World War Mlle Janvier lived as a paid companion in a house in Mayfair and corresponded with her German lover who was interned as an enemy alien on the Isle of Man. Sweeney was a private detective who wanted secretly to obtain some . .
Cited – Valasinas v Lithuania ECHR 24-Jul-2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 with regard to body search; No violation of Art. 3 with regard to other complaints; Violation of Art. 8; No violation of Art. 34; Non-pecuniary . .
Cited – Iwanczuk v Poland ECHR 15-Nov-2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Violation of Art. 5-3; Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses . .
Cited – Lorse and Others v The Netherlands ECHR 4-Feb-2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3 with regard to the first applicant ; No violation of Art. 3 with regard to the other applicants ; No violation of Art. 8 ; No violation of Art. 13 . .
Cited – Hicks v Chief Constable of the South Yorkshire Police 1992
. .
Appeal from – The Home Office v Wainwright and Wainwright CA 20-Dec-2001
The claimants were awarded damages, following the way they were searched on seeking to enter prison on a visit. The Home Office appealed. They were asked to sign a consent form, but only after the search was nearly complete. They were told the . .

Cited by:

Cited – AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust QBD 26-Mar-2004
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – Greene v Associated Newspapers Ltd CA 5-Nov-2004
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
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 – 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 – 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 . .
At House of Lords – Wainwright v The United Kingdom ECHR 26-Sep-2006
The claimants complained of having been strip searched when visiting a relative at Leeds Prison.
Held: The complaint succeeded: ‘the searches were proportionate to that legitimate aim in the manner in which they were carried out. Where . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – Google Inc v Vidal-Hall and Others CA 27-Mar-2015
Damages for breach of Data Protection
The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ . .
Cited – OPO v MLA and Another QBD 18-Jul-2014
A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school.
Held: . .
Cited – OPO v MLA and Another CA 9-Oct-2014
The claimant child sought to prevent publication by his father of an autobiography which, he said, would be likely to cause him psychological harm. The father was well known classical musician who said that he had himself suffered sexual abuse as a . .
Cited – Rhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
Lists of cited by and citing cases may be incomplete.

Prisons, Torts – Other, Human Rights

Updated: 08 June 2022; Ref: scu.186776

Morris v Fife Council: OHCS 4 Jul 2003

The pursuer sought damages from the respondent council for abuse he had suffered whilst in their care as a child. He sought jury trial, the defenders said that was unsuitable, liability being admitted.
Held: This was a case which exceptionally should be heard without a jury. The events had occurred many years earlier. The nature of the claim meant that any cross-examination of the pursuer could be prejudicial to defender. In essence the claims were for psychological dinjury.

Judges:

Lord Abernethy

Citations:

[2003] Scotcs 190

Links:

Bailii

Citing:

Cited – Allan v Scott 1972
The courts in Scotland can look to English awards of damages for personal injuries. . .
Lists of cited by and citing cases may be incomplete.

Scotland, Litigation Practice, Torts – Other

Updated: 07 June 2022; Ref: scu.184294

Cumming and others v Chief Constable of Northumbria Police: CA 9 Jun 2003

Application for permission to appeal from dismissal of claims for wrongful arrest.
Held: Granted

Citations:

[2003] EWCA Civ 856

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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.

Torts – Other, Police

Updated: 07 June 2022; Ref: scu.184067