Category: Torts – Other

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

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

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

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 16 January 2022; Ref: scu.667415

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

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

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

Immigration, Prisons, Torts – Other

Updated: 16 January 2022; Ref: scu.453013

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

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

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

Torts – Other

Updated: 15 January 2022; Ref: scu.670660

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

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

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

Employment, Torts – Other

Updated: 14 January 2022; Ref: scu.563187

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

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

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

Torts – Other

Updated: 14 January 2022; Ref: scu.562794

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

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

Lists of cited by and citing cases may be incomplete.

Health Professions, Negligence, Torts – Other

Updated: 12 January 2022; Ref: scu.347109

Houchin v Lincolnshire Probation Trust: QBD 9 Apr 2013

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

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

Lists of cited by and citing cases may be incomplete.

Prisons, Torts – Other

Updated: 12 January 2022; Ref: scu.472249

Tarakhil v The Home Office: QBD 21 Oct 2015

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

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

Torts – Other, Immigration

Updated: 12 January 2022; Ref: scu.554091

RAR v GGC: QBD 10 Aug 2012

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

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

Lists of cited by and citing cases may be incomplete.

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

Updated: 12 January 2022; Ref: scu.463642

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

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

Hallett LJ, McCombe J
[2011] EWHC 2818 (QB)
Bailii
European Convention on Human Rights 8 10 11, Police and Criminal Evidence Act 1984 1(3)
England and Wales
Citing:
Cited – A (A juvenile) v The Queen 1978
Spitting on a police officer’s coat was held to be such a minor ‘damage’ to the coat as not to be criminal damage within the meaning of the 1971 Act at all. Though spitting on a raincoat which was likely to be cleaned easily with a damp cloth did . .
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 – 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 – 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 – 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 . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Cited – Gillan and Quinton v The United Kingdom ECHR 12-Jan-2010
The claimants had been stopped by the police using powers in the 2000 Act. They were going to a demonstration outside an arms convention. There was no reason given for any suspicion that the searches were needed.
Held: The powers given to the . .
Cited – Tabernacle v Secretary of State for Defence CA 5-Feb-2009
The claimant sought judicial review to test the validity of the bye-laws which prohibited them from camping on public land to support their demonstration.
Held: The bye-laws violated the claimant’s right to freedom of assembly and of . .
Cited – Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another HL 8-Mar-2006
The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about . .
Cited – The Sunday Times v The United Kingdom (No 2) ECHR 26-Nov-1991
Any prior restraint on freedom of expression calls for the most careful scrutiny. ‘Freedom of expression constitutes one of the essential foundations of a democratic society subject to paragraph (2) of Article 10. It is applicable not only to . .
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 – Hashman and Harrup v The United Kingdom ECHR 25-Nov-1999
The defendants had been required to enter into a recognisance to be of good behaviour after disrupting a hunt by blowing of a hunting horn. They were found to have unlawfully caused danger to the dogs. Though there had been no breach of the peace, . .

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

Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 12 January 2022; Ref: scu.448160

Coward v Harraden: QBD 2 Dec 2011

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

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

Lists of cited by and citing cases may be incomplete.

Torts – Other, Costs

Updated: 12 January 2022; Ref: scu.449398

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

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

Globe J
[2012] EWHC 12 (QB)
Bailii
Criminal Justice and Police Act 2001 50, Constables Protection Act 1750 6, Criminal Justice and Police Act 2001 50 52 59
England and Wales
Citing:
Cited – Shields v Merseyside Police CA 17-Nov-2010
The claimant appealed against rejection of her claim for assault and false imprisonment. The officer arresting her wrongly believed that she had already been arrested, and it was said that he could not have gone through the steps necessary for an . .
Cited – British Basic Slag Limited v Registrar of Restrictive Trading Agreements CA 1963
The court considered the meaning of section 6 of the 1956 Act. It was argued that the trial Judge had erred in holding that an arrangement within the meaning of the expression exists when, by communications between the parties, ‘each has . .
Cited – Associated Provincial Picture Houses Ltd v Wednesbury Corporation CA 10-Nov-1947
Administrative Discretion to be Used Reasonably
The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal . .
Cited – Hussien v Chong Fook Kam PC 7-Oct-1969
(Malaysia) The Board considered the propriety of an arrest by the police. Lord Devlin said: ‘An arrest occurs when a police officer states in terms that he is arresting or when he uses force to restrain the individual concerned. It occurs also when . .
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 – Hayes v Merseyside Police CA 29-Jul-2011
The claimant had been arrested after a complaint of harassment. The officer then contacted the complainant who then withdrew his complaint. The officer went to visit the complainant to discuss it further. On his return the claimant was released from . .
Cited – O’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
Cited – 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 . .
Cited – Regina v Lewes Crown Court ex parte Hill 1991
Bingham LJ said: ‘The Police and Criminal Evidence Act governs a field in which there are two very obvious public interests. There is, first of all, a public interest in the effective investigation and prosecution of crime. Secondly, there is a . .
Cited – Regina v Chief Constable for Warwickshire and Others Ex Parte Fitzpatrick and Others QBD 1-Oct-1997
Judicial Review is not the appropriate way to challenge the excessive nature of a search warrant issues by magistrates. A private law remedy is better. Jowitt J said: ‘Judicial review is not a fact finding exercise and it is an extremely . .
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 – Regina v Chesterfield Justices and Others, Ex Parte Bramley QBD 10-Nov-1999
When police officers executed a search warrant, it was not proper to remove articles at large, in order later to sift through them, and then to return material not covered by the warrant. There is no absolute prohibition against removing articles . .
Cited – Keegan and Others v Chief Constable of Merseyside CA 3-Jul-2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages.
Held: The tort of malicious procurement of a search warrant required it to be established . .
Cited – Bell v The Chief Constable of Greater Manchester Police CA 19-Jul-2005
The claimant had sued over the way he was treated by the respondent in a fraud investigation. The court had dismissed his claims for wrongful arrest and false imprisonment. A prosecution had been commenced but dropped. The judge had held the arrest . .
Cited – Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .
Cited – Keegan v United Kingdom ECHR 18-Jul-2006
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate.
Cited – Bates and Another v Chief Constable of the Avon and Somerset Police and Another Admn 8-May-2009
The claimant had had computers seized by the defendant under searches despite his assertion that they contained legally privileged material. The claimant had been discredited as an expert witness in cases relating to the possession of indecent . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Police, Legal Professions, Human Rights

Updated: 12 January 2022; Ref: scu.450312

Coulson v Newsgroup Newspapers Ltd: QBD 21 Dec 2011

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

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

Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 12 January 2022; Ref: scu.450158

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

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

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

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

Lists of cited by and citing cases may be incomplete.

Torts – Other, Defamation, Human Rights

Updated: 12 January 2022; Ref: scu.347760

Lindsay v O’Loughnane: QBD 18 Mar 2010

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

Flaux J
[2010] EWHC 529 (QB), [2012] BCC 153
Bailii
Statute of Frauds (Amendment) Act 1828 6
England and Wales
Citing:
Cited – Derry v Peek HL 1-Jul-1889
The House heard an action for damages for deceit or fraudulent misrepresentation.
Held: The court set out the requirements for fraud, saying that fraud is proved when it is shown that a false representation has been made knowingly or without . .
Cited – Hornal v Neuberger Products Ltd CA 1956
Proof Standard for Misrepresentation
The court was asked what was the standard of proof required to establish the tort of misrepresentation, and it contrasted the different standards of proof applicable in civil and criminal cases.
Held: The standard was the balance of . .
Cited – AIC Ltd v ITS Testing Services (UK) Ltd (‘the Kriti Palm’) CA 28-Nov-2006
The defendant appealed a finding of deceit. Having issued its certificate as to the quality of a cargo of gasoline, it then failed to disclose to the party who had paid it to produce the certificate, information it had which cast doubt on the . .
Cited – Dadourian Group International Inc and others v Simms and others CA 13-Mar-2009
Arden LJ summarised the approach to be taken by a court faced with an allegation of fraud: ‘Their Lordships affirmed the decision in Re H and provided an explanation of what Lord Nicholls’ judgment meant. Baroness Hale (with whom the other Law Lords . .
Cited – Contex Drouzhba Ltd v Wiseman and Another CA 20-Nov-2007
The defendant was a director of a company. He signed a letter for the company promising to pay for goods ordered. The representation was found to have been made fraudulently because he knew the company was insolvent, and unable to pay. He now . .
Cited – Dadourian Group International Inc and others v Simms and others ChD 10-Apr-2008
Warren J said: ‘As to that, the judge directed himself in law . . as follows: ‘it is a question of fact whether a representee has been induced to enter into a transaction by a material misrepresentation intended by the representor to be relied upon . .
Cited – Lyde v Barnard CExC 1836
The question before the court was whether a misrepresentation, that a particular fund in which Lord Edward Thynne had a life interest was charged with only three annuities, was a representation relating to Lord Edward’s credit or ability within the . .
Cited – Briess v Woolley HL 1954
A fraudulent misrepresentation made in the course of pre-contractual discussions by a shareholder in a company. He was subsequently authorised by the other shareholders to continue the negotiations as their agent, and in due course a contract was . .
Cited – Standard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4) HL 6-Nov-2002
Fraudulent Misrepresentation by Company Director
Fraudulent bills of lading had been issued in order to rely upon letters of credit issued by the bank. The director signing the bills sought to avoid personal liability, saying it was the Act of the company. The defendant company also appealed on . .
Cited – Pasley v Freeman 1789
Tort of Deceit Set Out
The court considered the tort of deceit. A representation by one person that another person was creditworthy was actionable if made fraudulently. A false affirmation made by the defendant with intent to defraud the plaintiff, whereby the plaintiff . .
Cited – 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 . .
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 – Contex Drouzhba Ltd v Wiseman and Another CA 20-Nov-2007
The defendant was a director of a company. He signed a letter for the company promising to pay for goods ordered. The representation was found to have been made fraudulently because he knew the company was insolvent, and unable to pay. He now . .
Cited – Claymore Services Ltd v Nautilus Properties Ltd TCC 20-Mar-2007
In order to reflect the principle that interest should reflect the status of the successful party and the rate at which they would be able to borrow commercially, the court may consider awarding a higher rate of interest than 1% over Bank of England . .

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

Lists of cited by and citing cases may be incomplete.

Torts – Other, Company

Updated: 12 January 2022; Ref: scu.403367

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

The tenant company had defaulted under the lease, and the landlord had retaken possession. The landlord discarded the tenant’s possessions, and the tenant now sued, saying that the landlords as involuntary bailees owed duties to the proper owner.
Held: In the context of commercial goods, the purpose of which is to earn profit, the assessment of what the Claimant has lost and of the damages that would be reasonable as between the Claimant and the Defendant must take into account the commercial usefulness of the goods to the Claimant. If the reality is that what was destroyed was commercially useless to the Claimant, that cannot be ignored in the assessment of damages.
The defendants had not discharged the burden on them of proving abandonment. Liability was not strict, and it had to be shown that the defendants knew or ought to have known that the goods belonged to a third party. That could not be shown in this particular case, and the claim failed.

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

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Agency, Torts – Other

Updated: 12 January 2022; Ref: scu.401924

Armstrong v Strain: QBD 1951

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

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

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

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 12 January 2022; Ref: scu.186640

Consolidated Co v Curtis and Son: QBD 10 Nov 1891

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

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

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

Updated: 12 January 2022; Ref: scu.182756

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

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

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

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

Lists of cited by and citing cases may be incomplete.

Torts – Other, Defamation

Updated: 10 January 2022; Ref: scu.552378

NPV v QEL and Another: QBD 28 Mar 2018

non-disclosure and harassment injunction

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

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 10 January 2022; Ref: scu.608379

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

Continued Injunction against hacked materials

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

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

Lists of cited by and citing cases may be incomplete.

Media, Torts – Other

Updated: 10 January 2022; Ref: scu.569656

Abdel-Khalek v Ali: CA 10 Feb 2016

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

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

Torts – Other

Updated: 10 January 2022; Ref: scu.559739

Solland and Another v Watkins and Another: ChD 22 Dec 2021

The proceedings sought, as against Mr Watkins, an account of profits, to include an alleged bribe of pounds 450,000 and an arrangement fee of pounds 112,000, and, as against both Mr Watkins and the Estate, damages for fraud and conspiracy and equitable compensation for the Defendants’ alleged breach of fiduciary duty and dishonest assistance.

Deputy Master Bowles
[2021] EWHC 3447 (Ch)
Bailii
England and Wales

Torts – Other

Updated: 10 January 2022; Ref: scu.670677

Machnikowski v The Secretary of State for The Home Department: Admn 22 Jan 2016

Judicial review as to (a) whether the detention of the claimant had lasted too long and so become unlawful and (b) whether the defendant unlawfully failed to provide him with accommodation under section 4(1)(c) of the

Kerr J
[2015] EWHC 54 (Admin), [2016] WLR(D) 30
Bailii, WLRD
Immigration and Asylum Act 1999 4(1)(c)

Immigration, Torts – Other

Updated: 09 January 2022; Ref: scu.559162

Camdex International Ltd v Bank of Zambia and Another: CA 3 Apr 1996

Appeal by the Defendant from a judgment on an application for summary judgment under RSC Order 14 by the Plaintiffs, Camdex International Ltd judgment was entered for the Plaintiffs in the sum of Kuwaiti Dinars 20,595,557.429. The Plaintiffs pleaded that the Central Bank of Kuwait deposited with the Defendant the sum of Kuwaiti Dinars 15,000,000 for a period of a year at an agreed rate of interest. The deposit was renewed in a number of subsequent years with the interest being accumulated. The Central Bank of Kuwait and the Defendant entered into two further agreements which had the effect of rescheduling part of the Defendant’s interest liability and extended the deposit of the principal sum and the balance of the interest for a further year. The Defendant paid a sum of 616,098 Kuwaiti Dinars during 1990 but otherwise failed to pay the sums due under the 1988 agreements. Having pleaded the indebtedness of the Defendant to the Central Bank of Kuwait, the Plaintiffs pleaded that the Central Bank of Kuwait assigned absolutely to the Plaintiffs the debts due under the 1988 agree ments and that the Plaintiffs had given written notice of the assignment to the Defendant and that they had accordingly become entitled to the payment of the debt to them.
Held: The appeal failed. There was no maintenance in the assignment of debt though litigation was required to recover it. It remains objectionable to traffic in litigation. The assignment had no essence in maintenance and was contemplated by statute, and was effective.

Neill, Peter Gibson, Hobhouse LJJ
Gazette 10-Jul-1996, Times 08-Apr-1996, [1998] QB 22, [1996] EWCA Civ 1356
Bailii
Law of Property Act 1925 136
England and Wales
Citing:
Cited – Ellis v Torrington CA 1920
An assignment of the benefit of a covenant in a lease held to be sufficiently connected with enjoyment of the property as not to be a bare right of action. The assignment was not void.
Scrutton LJ stated that the assignee of a cause of action . .
Cited – Mayor of Bradford v Pickles HL 29-Jul-1895
The plaintiffs sought an injunction to prevent the defendant interfering with the supply of water to the city. He would have done so entirely by actions on his own land.
Held: The plaintiffs could have no property in the water until it came on . .

Cited by:
See Also – Camdex International Ltd v Bank of Zambia and Another CA 22-May-1996
Application by the defendant for leave to appeal and, should leave be granted, an appeal . .
See Also – Camdex International Ltd v Bank of Zambia and Others (2) CA 28-Jan-1997
English Courts have no power to enforce foreign public law here. . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Banking

Updated: 09 January 2022; Ref: scu.559147

Curtis (AKA Jason) Davis v Commissioner of Police of The Metropolis: QBD 15 Jan 2016

The claimant sought damages after being shot by police officers.

Nicol J
[2016] EWHC 38 (QB)
Bailii
England and Wales
Cited by:
Cited – Rathband v Northumbria Constabulary QBD 5-Feb-2016
The PRs of an officer who had been shot whilst on duty sued the Chief Constable alleging negligence after he later committed suicide.
Held: The action failed. The claimant, before his death, had over-estimated the time between the warning . .

Lists of cited by and citing cases may be incomplete.

Police, Personal Injury, Torts – Other

Updated: 09 January 2022; Ref: scu.558742

Collins, Regina (on The Application of) v The Secretary of State for Justice: Admn 15 Jan 2016

The claimant had been injured by the householder as he burgled the premises. He now complained that the rules allowing an extended defence to such an assault infringed his human rights.
Held: Section 76(5A) of the 2008 Act does not extend the ambit in law of the second limb of self-defence but, properly construed, provides emphasis to the requirement to consider all the circumstances permitting a degree of force to be used on an intruder in householder cases which is reasonable in all the circumstances (whether that degree of force was disproportionate or less than disproportionate). In particular, it does not alter the test to permit, in all circumstances, the use of disproportionate force and, to that extent, the CPS reviewer adopted the wrong test when reconsidering the facts of this case. Neither does the provision offend Article 2 of the ECHR.

Sir Brian Leveson P QBD, Cranston J
[2016] EWHC 33 (Admin)
Bailii
Criminal Justice and Immigration Act 2008 76(5A), European Convention on Human Rights 2
England and Wales

Crime, Human Rights, Torts – Other

Updated: 09 January 2022; Ref: scu.558733

Abela and Others v Baadarani and Another: ChD 28 Jan 2011

The claimant sought damages alleging inter alia fraud by the defendant in a company sale between the parties. The defendant now sought to have set aside the service on him in Lebanon, saying that The English court was not the forum coveniens. He also said that the claim was out of time.
Held: The application was rejected. Pursuant to CPR 6.37(5)(b) and/or 6.15(2), the steps taken to bring the claim form to the attention of the respondent amounted to good service of the claim form.

Sir Edward Evans-Lombe
[2011] EWHC 116 (Ch)
Bailii
Civil Procedure Rules 6.37(5)(b) 6.1592), Limitation Act 1980 32(1)
England and Wales
Cited by:
Appeal from – Abela and Others v Baadarani CA 15-Dec-2011
The claimant alleged fraud against the defendant. The defendant now appealed against an order allowing service of the proceedings on him in Lebanon. . .
At first instance – Abela and Others v Baadarani SC 26-Jun-2013
The claimants sought damages alleging fraud in a company share purchase. They said that their lawyer had secretly been working for the sellers. The claim form had been issued, but the claimant had delayed in requesting permission for its service . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice, Limitation

Updated: 08 January 2022; Ref: scu.428371

Seal v Chief Constable of South Wales Police: CA 19 May 2005

Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek permission from the court as was required by s139(2).
Held: The appeal failed. In considering the effect of non-compliance with such a section: ‘the all important consideration is the particular provision under consideration. In my judgment failure to obtain the necessary consent before the proceedings are begun renders the proceedings a nullity. I have been driven to this conclusion primarily by the structure of the section and the fact that it applies to both civil and criminal proceedings. ‘

Clarke, Scott Baker LJJ, Ouseley J
[2005] EWCA Civ 586, [2005] 1 WLR 3183
Bailii
Mental Health Act 1983 139(2)
England and Wales
Citing:
Cited – Rendall v Blair 1890
Where a statute requires leave to commence proceedings to be granted, a failure to obtain such consent does not automatically render the proceedings a nullity.
Bowen LJ said: ‘this section is not framed in the way in which sections are framed . .
Cited – In re Saunders (A Bankrupt) ChD 1997
Very emphatic language was required in a statute before want of leave should, without more, result in proceedings being treated as a nullity. Leave could in appropriate circumstances be granted after the event notwithstanding the proceedings had . .
Cited – Pountney v Griffiths; Regina v Bracknell Justices, Ex parte Griffiths HL 1976
The applicant was a male nurse at Broadmoor Special Hospital. He was on duty while patients were saying goodbye to visitors. He approached the detained patient telling him to ‘come on’ and allegedly punched him on the shoulder. The patient brought . .
Cited – Pountney v Griffiths QBD 1975
A mental patient sought damages for assault from a nurse. The nurse replied that the proceedings were a nullity since the patient had not first obtained permission to commence proceedings.
Held: Lord Widgery CJ said: ‘Although no point was . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
Cited – Regina v Immigration Appeal Tribunal, ex Parte Jeyeanthan Admn 3-Apr-1998
An appeal by the Home Secretary against a ruling that he had to use the same prescribed form as would be used by the asylum seeker. The use of a letter which omitted a substantial and important declaration was invalid. Lord Woolf MR made plain the . .
Cited – Sekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .

Cited by:
Appeal from – Seal v Chief Constable of South Wales Police HL 4-Jul-2007
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial . .

Lists of cited by and citing cases may be incomplete.

Health, Torts – Other

Updated: 08 January 2022; Ref: scu.225231

Phipps v Rochester Corporation: QBD 1955

A 12 year old child claimed damages having been injured trespassing on the defendant’s premises. He had fallen into a trench on the construction site.
Held: An occupier who resigns himself to the occasional and perhaps inevitable presence of trespassers on his premises is not to be regarded as having assumed the obligations of a licensor. The court, looking at occupier’s liability to trespassing children, noted the difference between big children and little children, that is ‘children who know what they are about and children who do not’.
Devlin J stated: ‘But the responsibility for the safety of little children must rest primarily on the parents; it is their duty to see that such children are not allowed to wander about by themselves, or, at the least, to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe for them to go to. It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those of persons who happen to have accessible bits of land. Different considerations may well apply to public parks or to recognised playing grounds where parents allow the children to go and accompanied in the reasonable belief that they are safe.’

Devlin J
[1955] 1 All ER 129
England and Wales

Personal Injury, Land, Torts – Other, Children

Updated: 08 January 2022; Ref: scu.190059

Willis v British Car Auctions: CA 1978

A car on hire purchase was sold and delivered by auctioneers on the instructions of the hirer. The main issue was whether the auctioneers’ liability was affected by the fact that the car had been sold under their provisional bid procedure.
Held: The auctioneers were liable. It is well established that if an auctioneer sells goods by knocking down with his hammer at an auction and thereafter delivers them to the purchaser – then although he is only an agent – then if the vendor has no title to the goods, both the auctioneer and the purchaser are liable in conversion to the true owner, no matter how innocent the auctioneer may have been in handling the goods or the purchaser in acquiring them.

Denning LJ
[1978] 1 WLR 438
England and Wales
Citing:
Cited – Barker v Furlong 1891
The executor plaintiffs were entitled to furniture which was sent to auction without their knowledge or consent. Some of the furniture was returned unsold to the would-be seller and no claim was made against the defendant auctioneer in respect of . .
Cited – Consolidated Co v Curtis and Son QBD 10-Nov-1891
An auctioneer who sold and delivered goods the subject of a bill of sale. An auctioneer who sells and delivers is liable in conversion because he is acting as more than a mere broker or intermediary.
Held: It is not easy to draw the line at . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Agency

Updated: 08 January 2022; Ref: scu.182757

Hollins v Fowler: HL 1875

One who deals with goods at the request of the person who has the actual custody of them, in the bona fide belief that the custodier is the true owner, or has the authority of the true owner, should be excused for what he does if the act is of such a nature as would be excused if done by the authority of the person in possession if he was a finder of the goods or intrusted with their custody. Thus a warehouseman with whom goods had been deposited is guilty of no conversion by keeping them or restoring them to the person who deposited them with him, though that person turns out to have had no authority from the true owner. The same principle applies to persons ‘acting in a subsidiary character, like that of a person who has the goods of a person employing him to carry them, or a caretaker, such as a wharfinger’. Blackburn J (Advising the House): ‘If, as is quite possible, the changes in the course of business since the principles of law were established make them cause great hardships or inconvenience, it is the province of the Legislature to alter the law.’

Blackburn J, Brett J
(1875) LR 7 HL 757
England and Wales
Citing:
Appeal from – Fowler v Hollins 1872
The plaintiff claimed in conversion of bales of cotton bought in good faith through a broker in Liverpool.
Held: The purchasers were strictly liable.
Cleasby J said: ‘the liability under it is founded upon what has been regarded as a . .

Cited by:
Cited – Marcq v Christe Manson and Woods (t/a Christies) QBD 29-Oct-2002
The claimant sought damages for conversion from the respondent auctioneers as bailees. The painting had been registered as stolen. It failed to achieve its reserve and had been returned.
Held: It was for a bailee to prove that he had acted in . .
Cited – 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 . .
Cited – Consolidated Co v Curtis and Son QBD 10-Nov-1891
An auctioneer who sold and delivered goods the subject of a bill of sale. An auctioneer who sells and delivers is liable in conversion because he is acting as more than a mere broker or intermediary.
Held: It is not easy to draw the line at . .
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. . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Agency

Updated: 08 January 2022; Ref: scu.182751

SS, Regina (on The Application of) v Secretary of State for The Home Department: Admn 16 Dec 2015

The claimant challenges the defendant’s decisions to:
i) refuse the claimant’s fresh claim submissions (‘fresh claim’);
ii) detain the claimant (‘unlawful detention’); and
iii) remove the claimant before notifying him of her decision on his fresh claim submissions (‘removal decision prior to fresh claim decision’).
The claimant succeeds in his fresh claim challenge insofar as it comprises submission of the report by Mr Sellwood about the claimant’s learning disabilities. However, the claimant fails to establish unlawful detention, and also fails in his challenge to the defendant’s removal decision prior to fresh claim decision.

Alexandra Marks
[2015] EWHC 3595 (Admin)
Bailii
England and Wales

Immigration, Torts – Other

Updated: 08 January 2022; Ref: scu.557156

West, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Dec 2015

The claimant was to be deported on completion of his prison sentence, but he now complained that the decision as to his true nationality was taking such a long time as to make his continued detention unlawful.

Philip Mott QC
[2015] EWHC 3627 (Admin)
Bailii
England and Wales

Immigration, Torts – Other

Updated: 08 January 2022; Ref: scu.557158

William, Earl of Sutherland v Ross, Anderson, Et Alii: HL 25 Mar 1743

A vassal having incurred recognition by alienating part of his lands, and the superior, upon his subsequent forfeiture, having, in his exceptions taken before the Court of Session against the survey made by the trustees, founded his claim solely upon 1st Geo. I. c. 20, and obtained decree, it was found not competent for him thereafter to insist in a declarator of recognition on the ground of the alienation.

[1743] UKHL 1 – Paton – 351, (1743) 1 Paton 351
Bailii
Scotland

Land, Torts – Other

Updated: 08 January 2022; Ref: scu.556795

Crescendo Maritime Co and Another v Bank of Communications Company Ltd and Others: ComC 25 Nov 2015

Trial of two actions. In one action an anti-suit injunction is sought in circumstances where one party to a London arbitration agreement wishes to enforce it and another party, despite having agreed to London arbitration, prefers to litigate in another country, in this case China. In the other action a declaration on non-liability in fraud is sought.

Teare J
[2015] EWHC 3364 (Comm)
Bailii
England and Wales

Torts – Other, Arbitration, Litigation Practice

Updated: 06 January 2022; Ref: scu.555035

Property Alliance Group Ltd v The Royal Bank of Scotland Plc: ChD 20 Nov 2015

Second judgment dealing with issues of privilege.

Birss J
[2015] EWHC 3341 (Ch)
Bailii
England and Wales
Citing:
See Also – Property Alliance Group Ltd v The Royal Bank of Scotland Plc ChD 13-Nov-2015
PAG contended that RBS mis-sold swap contracts to PAG in the period 2004-2008. The allegations included misrepresentations relating to LIBOR. PAG also contends that in breach of contract RBS transferred PAG into RBS’s turnaround division (called the . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 06 January 2022; Ref: scu.554802

Property Alliance Group Ltd v The Royal Bank of Scotland Plc: ChD 13 Nov 2015

PAG contended that RBS mis-sold swap contracts to PAG in the period 2004-2008. The allegations included misrepresentations relating to LIBOR. PAG also contends that in breach of contract RBS transferred PAG into RBS’s turnaround division (called the Global Restructuring Group (‘GRG’)). Certain misconduct relating to manipulation of LIBOR has been admitted by RBS but otherwise PAG’s claim is denied. PAG terminated the swaps in 2011 by paying andpound;8 million to RBS.

[2015] EWHC 3272 (Ch)
Bailii
England and Wales
Cited by:
See Also – Property Alliance Group Ltd v The Royal Bank of Scotland Plc ChD 20-Nov-2015
Second judgment dealing with issues of privilege. . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Banking

Updated: 06 January 2022; Ref: scu.554801

De Boinville v I G Index Ltd: ComC 10 Dec 2021

The Claimant, Mr Nicholas de Boinville, brings claims against the Defendant, a provider of Spread Betting Services on an ‘execution only’ basis, for damages for breach of contract, breach of fiduciary duty, misrepresentation and a statutory claim under section 150 (which was replaced on 1 April 2013) by section 138D of the Financial Services and Markets Act 2000 (‘FSMA’) for damages for alleged breaches of the applicable Conduct of Business Sourcebook (‘COBS’) Rules, contained in the Handbook of Financial Services Authority

Mr Andrew Hochhauser QC,
Sitting as a Deputy Judge of the High Court
[2021] EWHC 3326 (Comm)
Bailii
England and Wales

Contract, Torts – Other

Updated: 06 January 2022; Ref: scu.670490

Keeble v Hickeringall (472): 1738

[1738] EngR 472, (1688-1710, 1738) Holt KB 17, (1738) 90 ER 907
Commonlii
England and Wales
Citing:
See Also – Keeble v Hickeringill 1796
. .

Cited by:
See Also – Keeble v Hickeringall 1738
Holt CJ, delivered the opinion of the Court for the plaintiff, and said, that this is a new action, but is supported by the old reason and principles of law ; taking of wild-fowl is a lawful and profitable employment, it is as if it were his trade . .
See Also – Keeble v Hickeringall (470) 1738
. .
See Also – Keeble v Hickeringhall 1795
Case lies where the plaintiff had a possession without any property. Case in which the plaintiff declared, that he was possessed of a decoy pond frequented with ducks, of which he made great gains, and that the defendant knowing and maliciously . .

Lists of cited by and citing cases may be incomplete.

Torts – Other, Animals

Updated: 05 January 2022; Ref: scu.385865

Aziz v Aziz and others: CA 11 Jul 2007

The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity in the proceedings, saying that the Acts required the UK courts to protect his dignity.
Held: The appeal failed. An ‘attack’ on the ‘dignity’ of a foreign head of state must entail some element of deliberately offensive or insulting words or behaviour, and mere protest, no matter how noisy, or criticism, no matter how robust, would not appear to be sufficient. Outside physical attack or interference, the material in relation to the prevention of offensive conduct supports the view that to the extent there is any uniform practice (which is doubtful) it amounts to no more than courtesy or comity, and ‘whatever the content of the duty in international law of the United Kingdom to take appropriate steps to prevent an attack on the dignity of a foreign head of state, there is not the slightest trace of any conduct in the present case which could, even on the most extensive interpretation of the notion of ‘attack on dignity’, be such an attack. ‘

Sir Anthony Clarke MR, Sedley LJ, Lawrence Collins LJ
Times 17-Jul-2007, [2007] EWCA Civ 712, [2008] 2 All ER 501
Bailii
State Immunity Act 1978 20, Diplomatic Privileges Act 1964
England and Wales
Citing:
Cited – Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
Limitation on Making of Anonymity Orders
A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
Held: The legal professions have no special part in the law as a party . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Cited – McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom ECHR 21-Nov-2001
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint.
Held: . .
Cited – Colombani And Others v France ECHR 25-Jun-2002
To introduce and apply special measures to protect the identity of certain individuals in court proceedings might violate Article 6(1) of the European Convention. . .
Cited – The Schooner Exchange v McFaddon 1812
(United States Supreme Court) The court considered the rationale of the jurisdictional immunity given to sovereign states: ‘This full and absolute territorial jurisdiction being alike the attribute of every sovereign, and being incapable of . .
Cited – Harb v King Fahd Bin Abdul Aziz CA 26-May-2005
The wife sought an order for reasonable maintenance from His Majesty King Fahd Bin Abdul Aziz. He replied that he was immune from suit.
Held: The King as king was immune. The judge at first instance had been wrong to give the case fictitious . .
Cited – Novello v Toogood 29-Apr-1823
The defendant a British born subject was a music master and teacher of Italian, but was also employed in part as a chorister in the chapel of a foreign ambassador. He rented a large house, subletting parts. He resisted distraint on the premises for . .
Cited – The Parlement Belge CA 1879
An action in rem indirectly impleaded a sovereign who was the owner of the vessel served because his property was affected by the judgment of the court. An unincorporated treaty cannot change the law of the land and, ‘the immunity of the sovereign . .
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – Mighell v Sultan of Johore CA 1-Dec-1893
In 1885 the Sultan of Johore came to England, and according to the plaintiff, Miss Mighell, took the name Albert Baker and promised to marry her.
Held: The Sultan was entitled to immunity even though up to the time of suit ‘he has perfectly . .
Cited – Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners) HL 1983
The concept of absolute immunity for a Sovereign adopts a theory of restrictive immunity in so far as it concerns the activities of a State engaging in trade: (Lord Wilberforce) ‘It was argued by the [appellants] that even if the Republic of Cuba . .
Cited – Compania Naviera Vascongado v Steamship ‘Cristina’ HL 1938
A state-owned ship that was used for public purposes could not be made the subject of proceedings in rem. Lord Atkin described the absolute immunity of a sovereign of a foreign state within this jurisdiction: ‘The foundation for the application to . .
Cited – Wright v McQualter 1970
Kerr J said: ‘If there were in the last analysis no more in this case than a quiet peaceful gathering on the lawn (in front of the premises of the United States Embassy) of persons shouting slogans and carrying placards of the kind in question here, . .
Cited – In re Westinghouse Uranium Contract HL 1978
‘The fact, if it be so, that evidence so obtained may be used in other proceedings and indeed may be central in those proceedings is no reason for refusing to allow it to be requested’ Lord Fraser said: ‘in judging the nature of the letters rogatory . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Cited – Martinie v France ECHR 12-Apr-2006
The Grand Chamber said: ‘The Court reiterates that the public character of proceedings before the judicial bodies referred to in art 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of . .
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 . .

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 05 January 2022; Ref: scu.254539

Jemai v Otkritie International Investment Management Ltd and Others: CA 16 Jun 2015

Application for leave to appeal against a finding that the appellant was liable for knowing receipt and dishonest assistance in the sum of US$20,740,000 and CHF 32,205. The basis of the judge’s finding was that she was alleged to have dishonestly assisted in a subsequent money laundering exercise through a company called Vantax Limited, in respect of which she was also held liable of knowing receipt, although she personally received only approximately andpound;6,000 from or through Vantax.

Gloster LJ
[2015] EWCA Civ 766
Bailii
England and Wales

Torts – Other

Updated: 05 January 2022; Ref: scu.553847

Drammeh, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 26 Oct 2015

Claim for judicial review of (i) the Defendant’s decision as confirmed, refusing to accept the Claimant’s representations as a fresh asylum and human rights claim, and (ii) the lawfulness of the Claimant’s detention under immigration powers from 21 November 2014 to 17 April 2015.

Andrews DBE J
[2015] EWHC 2984 (Admin)
Bailii

Immigration, Torts – Other

Updated: 05 January 2022; Ref: scu.553784

Hickman v Maisey: CA 16 Mar 1900

A racing tout used the public highway which crossed the plaintiff’s property to watch racehorses being trained on the plaintiff’s land. On a particular occasion he walked backwards and forwards on a portion of the highway 15 yards long for a period of about one and a half hours watching and taking notes of the trials of race horses on the plaintiff’s land.
Held: A man resting at the side of the road, or taking a sketch from the highway, would not be a trespasser. The defendant’s activities, however, fell outside ‘an ordinary and reasonable user of the highway’ and so amounted to a trespass.
Smith LJ said: ‘Unless what the defendant did comes within the ordinary and reasonable use of a highway as such and is therefore lawful, it is clear that it would be a trespass’.
Collins LJ (applying Esher’s judgment) ‘in modern times a reasonable extension has been given to the use of the highway as such . . The right of the public to pass and repass on a highway is subject to all those reasonable extensions which may from time to time be recognised as necessary to its exercise in accordance with the enlarged notions of people in a country becoming more populous and highly civilised, but they must be such as are not inconsistent with the maintenance of the paramount idea that the right of the public is that of passage.’

A L Smith, Collins, Romer LJJ
[1900] 1 QB 752, [1900] UKLawRpKQB 54
Commonlii
England and Wales
Citing:
Applied – Harrison v Duke of Rutland CA 8-Dec-1893
H used a public highway crossing the defendant’s land, to disrupt grouse-shooting upon the defendant’s land. He complained after he had been forcibly restrained by the defendant’s servants from doing so. The defendant justified his actions saying . .

Cited by:
Cited – Director of Public Prosecutions v Jones and Lloyd HL 4-Mar-1999
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge . .
Cited – Jones and Lloyd v Director of Public Prosecutions Admn 23-Jan-1997
The appellants had been peacefully protesting at Stonehenge. They were among others who refused to leave when ordered to do so under an order made by the police officer in charge declaring it to be a trespassory assembly under the 1986 Act. They . .

Lists of cited by and citing cases may be incomplete.

Land, Torts – Other

Updated: 05 January 2022; Ref: scu.192189

John Crawfurd, An Infant, By Jane His Mother and Guardian v Archibald Crawfurd Esq: HL 5 Apr 1712

Minor non tenetur placitare – The maxim does not take place in a reduction upon the head of dole, or fraud in the minor’s father.
Proof. – A deed found proved to be fraudulently altered upon ocular inspection of the different pieces, and a letter from one of the perpetrators of the fraud.

[1712] UKHL Robertson – 28, (1712) Robertson 28
Bailii

Scotland, Trusts, Torts – Other

Updated: 04 January 2022; Ref: scu.553457

Law Society and others v Kordowski: QBD 7 Dec 2011

Claim for injunctions requiring the Defendant, the publisher of the ‘Solicitors from Hell’ website (‘the Website’), to cease publication of the Website in its entirety and to restrain him from publishing any similar website.

Tugendhat J
[2011] EWHC 3185 (QB)
Bailii
Protection from Harassment Act 1997, Data Protection Act 1998
England and Wales
Cited by:
Cited – Brett Wilson Llp v Person(s) Unknown, Responsible for The Operation and Publication of The Website www.solicitorsfromhelluk.com QBD 16-Sep-2015
The claimant solicitors sought remedies against the unknown publishers of the respondent website which was said to publish material defamatory of them, and to ampunt to harassment.
Held: The alleged defamatory meanings were not challenged by . .

Lists of cited by and citing cases may be incomplete.

Legal Professions, Torts – Other, Defamation

Updated: 04 January 2022; Ref: scu.552388

Fardous v Secretary of State for The Home Department: CA 25 Aug 2015

The Secretary of State appealed against a finding that the claimant had been unlawfully detained pending his removal to Morocco.
Held: The approach taken in Hardial Singh requires both the SSHD and the courts to take a fact sensitive approach to the length of detention.
Lord Thomas CJ deprecated the use of ‘tariffs or yardsticks’: ‘The Secretary of State acting through his officials has to determine whether the period of detention is reasonable when deciding whether or not to continue the detention, subject to the right of any detainee to apply for bail. It is a judgment which has to be made on the evidence and in the circumstances as appear to the officials in each case.
There is no period of time which is considered long or short. There is no fixed period where particular factors may require special reasons to make continued detention reasonable.
McFarlane LJ said in R (JS) Sudan) v Secretary of State for the Home Department [2013] EWCA Civ 1378 at 50 -51 that fixing a temporal yardstick might cause the courts to accept periods of detention that could not be justified on the facts of a particular cases. In R (NAB) v Secretary of State for the Home Department [2010] EWHC 3137 (Admin) Irwin J made clear at paras 77-80 that a tariff would be repugnant and wrong . .
Each deprivation of liberty pending deportation requires proper scrutiny of all the facts by the Secretary of State in accordance with the Hardial Singh principles. Those principles are the sole guidelines.’

John Thomas LCJ, Black, Underhill LJJ
[2015] EWCA Civ 931
Bailii
England and Wales
Cited by:
Cited – Nouazli, Regina (on The Application of) v Secretary of State for The Home Department SC 20-Apr-2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until . .

Lists of cited by and citing cases may be incomplete.

Torts – other

Updated: 03 January 2022; Ref: scu.551703

Jamai v Otkkritie International Investment Management: CA 17 Jul 2015

Renewed oral application for permission to appeal against a finding that the appellant had been a dishonest participant (albeit not the ringleader or the senior fraudster) in a massive securities fraud involving Argentinian warrants.
Held: Refused.

Gloster LJ
[2015] EWCA Civ 916
Bailii
England and Wales

Torts – Other

Updated: 03 January 2022; Ref: scu.551700

Finch (UK) Plc and Others v Finch and Another: ChD 13 Aug 2015

Trial of an application by the joint liquidators of the company, Finch (UK) Plc, against its two directors who were also the owners of the company’s entire issued share capital. The application seeks
(1) declarations that the respondents or either of them were guilty of misfeasance and breach of trust in relation to the issue, allotment and/or redemption of 875,000 redeemable shares in the company of andpound;1 each,
(2) a declaration that the crediting to the director’s loan account of andpound;875,000 in January 2008 constituted a preference in favour of the respondents or either of them,
(3) a declaration that the respondents or either of them were guilty of misfeasance and breach of trust in retaining properties which beneficially belonged to the company, and
(4) further and consequential relief.

Hodge HHJ

Hodge QC HHJ
[2015] EWHC 2430 (Ch)
Bailii
England and Wales

Company, Torts – Other

Updated: 03 January 2022; Ref: scu.551291

Assad v Secretary of State for The Home Department: QBD 31 Jul 2015

The Claimant seeks damages for the tort of false imprisonment. He alleges that the Defendant’s servants or agents falsely imprisoned him from 30 June 2011 until 6 September 2012. The Claimant argues that he is entitled to compensatory damages, aggravated damages and exemplary damages. The Defendant asserts that the Claimant was not falsely imprisoned at all; rather he was detained lawfully throughout the period in question in exercise of the power to detain conferred upon the Defendant by section 36 of the UK Borders Act 2007.

Wyn Williams J
[2015] EWHC 2281 (QB)
Bailii
UK Borders Act 2007 36
England and Wales

Torts – Other, Immigration

Updated: 03 January 2022; Ref: scu.550962

Allied Fort Insurance Services Ltd and Others v Ahmed and Another: CA 30 Jul 2015

The claim was for damages for breach of agency, breach of trust and/or fraudulent misrepresentation; accounts and inquiries into the dealings of all the defendants knowingly in receipt of money had and received by the defendants to Creation’s use in the course of the agency; payment of any sums found due; compound interest; costs and other relief. There is also a claim for an interim injunction freezing assets pending judgment.

Stephen Jourdan QC, Allied Fort Insurance
[2015] EWCA Civ 841
Bailii
England and Wales
Cited by:
Cited – Gohil v Gohil SC 14-Oct-2015
The Court was asked ‘Do the principles referable to the admissibility of fresh evidence on appeal, as propounded in the decision of the Court of Appeal in Ladd v Marshall [1954] 1 WLR 1489, have any relevance to the determination of a spouse’s . .

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 03 January 2022; Ref: scu.550939

Van Collem and Others v Van Collem and Others: ChD 29 Jul 2015

Asplin DBE J
[2015] EWHC 2258 (Ch)
Bailii
England and Wales
Citing:
See Also – Van Collem and Others v Van Collem and Others ChD 22-Jul-2015
Requests for an adjournment of the trial and for an order setting aside the order striking out the Defence ‘based on medical grounds in support of preliminary evidence brought forward now.’ . .

Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 03 January 2022; Ref: scu.550893

Thorp and Another v Abbotts and Others: ChD 22 Jul 2015

Claim for damages for fraudulent misrepresentation asserting that answers to preliminary enquiries on purchase were wrong. They alleged withholding of evidence of proposed large scale developments nearby. The defendants’ position was that their answers were true because the only development in prospect at the time of sale was one which did not affect the property and so was not required to be disclosed by them. However the defendant had filed an objection to the proposed development. Local Searches had referred to proposed developments and available plans.
Held: The defendants’ answers in the SPIF were not misrepresentations, and as a result the claim must fail. Although no formal planning applications had been submitted, the defendants had received documents relating to proposals. The court discussed the various levels of communications, parties and contents which might be disclosable, and in this case: ‘although the position reached in the JCS process at the date of exchange was such that a successful application to permit development was likely, that fact did not affect Oakwood Lodge because the development when it eventuated would not itself affect Oakwood Lodge.’

David Cooke HHJ
[2015] EWHC 2142 (Ch)
Bailii
England and Wales

Torts – Other

Updated: 03 January 2022; Ref: scu.550604

L v Bournewood Community and Mental Health NHS Trust: Admn 9 Oct 1997

L was adult autistic. He had been admitted to mental hospital for fear of his self-harming behaviours, and detained informally. He complained that that detention was unlawful.
Held: The continued detention of a mental health patient who is incapable of giving consent is unlawful in the absence of the hospital following the statutory procedures.

Owen J
Gazette 08-Jan-1998, Times 08-Dec-1997, [1997] EWHC Admin 850, [1998] 2 WLR 764
Mental Health Act 1983 131(1)
England and Wales
Citing:
Cited – Meering v Grahame-White Aviation Co Ltd CA 1919
An unconscious or drugged person may be detained. For the tort of false imprisonment there must be shown a complete restriction in fact on the plaintiff’s freedom to move: ‘any restraint within defined bounds which is a restraint in fact may be an . .
Cited – Regina v Kirklees Borough Council ex parte C (A Minor) CA 12-Apr-1993
A Local Authority may admit a minor in care to a mental hospital for assessment or treatment. Section 131 merely preserves or confirms the common law and previous law. Consent requires proof of conduct and a reasoning capacity. . .
Cited – Black v Forsey HL 20-May-1988
The common law was called in aid to supplement the statutory power of compulsory detention to fill a lacuna which had appeared in the 1984 Act.
Held: The common law could not be invoked for that purpose, because the powers of detention . .
Cited – In re F (Mental Patient: Sterilisation) HL 4-May-1989
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .

Cited by:
Cited – L v United Kingdom ECHR 5-Oct-2004
The claimant had suffered mental illness and threatened to hurt himself. He was taken into hospital as a voluntary patient, but in effect detained compulsorily. He lacked capacity to consent to medical treatment.
Held: The holding of a patient . .
At Admn – Regina v Bournewood Community and Mental Health NHS Trust, Ex parte L CA 2-Dec-1997
The applicant was severely autistic, and unable to consent to medical treatment. He had been admitted voluntarly to a mental hospital and detained under common law powers. The Hospital trust appealed a finding that his detention had been unlawful. . .
At Admn – In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L HL 25-Jun-1998
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have . .
At First instance – HL v United Kingdom ECHR 2004
Patient’s lack of Safeguards was Infringement
The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further . .
At Admn – HL v United Kingdom ECHR 10-Sep-2002
(Admissibility) Whether a detention amounts to a deprivation of liberty depends upon all the facts and circumstances of the particular case . .
At Admn – L v United Kingdom ECHR 5-Oct-2004
The claimant had suffered mental illness and threatened to hurt himself. He was taken into hospital as a voluntary patient, but in effect detained compulsorily. He lacked capacity to consent to medical treatment.
Held: The holding of a patient . .

Lists of cited by and citing cases may be incomplete.

Health, Torts – Other

Updated: 03 January 2022; Ref: scu.137795