Category: Torts – Other

Gregory v Portsmouth City Council: CA 5 Nov 1997

The plaintiff councillor had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution.
Held: The categories of malicious prosecution are closed, and it was not appropriate to use this tort in respect of disciplinary proceedings by a local authority against a councillor.

Judges:

Simon Brown, Schiemann, Ward LJJ

Citations:

Times 26-Nov-1997, Gazette 03-Dec-1997, (1998) 10 Admin LR 505, [1997] EWCA Civ 2645, (1997) 96 LGR 569

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – P v T Ltd ChD 7-May-1997
A order for the disclosure of documents can be proper if it is the only method of founding proceedings against a third party, even though there might be no sufficient proof without the documents. An order was made because it was necessary in the . .
See Also – Regina v Portsmouth City Council, Ex parte Gregory and Mos QBD 1990
The local authority had disciplined two of its councillors for alleged breach of the Code for Local Government. The councillors now successfully challenged the proceedings. The administrative Sub-Committee which had made the finding had been acting . .
Cited – Savill v Roberts 1741
The plaintiff, Roberts, was entitled to recover andpound;11 damages in proceedings for malicious prosecution, the defendant having maliciously caused Roberts to be indicted for causing a riot, and Roberts having been acquitted. The andpound;11 was . .
Cited – Johnson v Emerson 1871
Cleasby B recognised that the tort of malicious prosecution could be committed in the malicious presentation of a winding up petition. The effect of presentation of such a petition was immediately damaging to the company which was the subject of the . .
Cited – Quartz Hill Consolidated Gold Mining Co v Eyre CA 26-Jun-1883
The court considered whether an action lay without proof of special damage for maliciously presenting a winding up petition.
Held: There was. Though there was no general cause of action for maliciously bringing civil proceedings without . .
Cited – Mohammed Amin v Jogendra Kumar Bannerjee PC 1947
The Board considered an action for malicious prosecution. Sir John Beaumont said: ‘The foundation of the action lies in abuse of the process of the court by wrongfully setting the law in motion, and it is designed to discourage the perversion of the . .
Cited – Martin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .
Cited – Metal und Rohstoff AG v Donaldson Lufkin and Jenrette Inc CA 27-Jan-1989
The claimants sued for negligent advice and secured judgment. The defendant company became insolvent, and so the plaintiff now sued the US parent company alleging conspiracy. The court considered a tort of malicious prosecution of a civil claim, . .
Cited – Berry v British Transport Commission QBD 1961
Although in civil cases extra costs incurred in excess of the sum allowed on taxation could not be recovered as damages, the Court was not compelled to extend that rule (based as it is on a somewhat dubious presumption) to criminal proceedings in . .
Cited – Berry v British Transport Commission CA 1961
The plaintiff had been prosecuted by the defendant for pulling the emergency cord on a train without proper cause. After acquittal and payment of part of her costs, she sued for malicious prosecution, saying the damages were the part of her defence . .

Cited by:

Appeal from – Gregory v Portsmouth City Council HL 10-Feb-2000
Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Local Government

Updated: 10 November 2022; Ref: scu.143044

Konsumenteninformation v Volkswagen Ag (Liability – Manipulation of Emissions Values In Car Engines): ECJ 2 Apr 2020

Preliminary ruling proceedings – Regulation (EU) No 1215/2012 – Jurisdiction in matters relating to liability in tort, delict or quasi-delict – Place of the event giving rise to the harm – Manipulation of emissions values in car engines

Citations:

C-343/19, [2020] EUECJ C-343/19_O, [2020] EUECJ C-343/19

Links:

Bailii, Bailii

Jurisdiction:

European

Torts – Other, Consumer

Updated: 10 November 2022; Ref: scu.660138

Parton v Hill: 1864

The plaintiff asserted the malicious issue of an attachment of a debt owing from a third person to the plaintiff, without reasonable or probable cause.
Held: The claim failed.

Judges:

Blackburn J

Citations:

(1864) 10 LT 414

Jurisdiction:

England and Wales

Cited by:

Cited – Land Securities Plc and Others v Fladgate Fielder (A Firm) CA 18-Dec-2009
The claimants wanted planning permission to redevelop land. The defendant firm of solicitors, their tenants, had challenged the planning permission. The claimants alleged that that opposition was a tortious abuse because its true purpose was to . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 09 November 2022; Ref: scu.384386

Commercial Union Assurance Co. of NZ Ltd v Lamont: 1989

(Court of Appeal of New Zealand) Richardson J said: ‘a defendant who has procured the institution of criminal proceedings by the police is regarded as responsible in law for the initiation of the prosecution . . that requires close analysis of the particular circumstances . . It does not follow that there is any call for modifying the test which has been developed in the decisions of this court for determining whether a third party is responsible in an action for malicious prosecution for criminal proceedings instituted by the police. What is required is a cautious application of that test where the police have conducted an investigation and decided to prosecute. The core requirement is that the defendant actually procured the use of the power of the State to hurt the plaintiff. One should never assume that tainted evidence persuaded the police to prosecute. In some very special cases, however, the prosecutor may in practical terms have been obliged to act on apparently reliable and damning evidence supplied to the police. The onus properly rests on the plaintiff to establish that it was the false evidence tendered by a third party which led the police to prosecute before that party may be characterised as having procured the prosecution.’

Judges:

Richardson J

Citations:

[1989] 3NZLR 187

Jurisdiction:

England and Wales

Cited by:

Cited – The Ministry of Justice (Sued As The Home Office) v Scott CA 20-Nov-2009
The claimant had been falsely accused of assault by five prison officers. The defendant appealed against a refusal to strike out a claim of of malicious prosecution.
Held: Proceedings for malicious prosecution cannot be regarded as being . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 09 November 2022; Ref: scu.381290

Commonwealth Life Assurance Society Limited v Brain: 1935

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

Judges:

Dixon J

Citations:

[1935] 53 CLR 343

Jurisdiction:

Australia

Cited by:

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

Commonwealth, Torts – Other

Updated: 09 November 2022; Ref: scu.381289

Danby v Beardsley: 1880

The court heard a claim of malicious prosecution.
Held: A person who is not a party to a prosecution but actively puts the criminal process in motion may be liable for malicious prosecution.
Where an individual falsely and maliciously gives a police officer information indicating that some person is guilty of a criminal offence and states that he is willing to give evidence in court of the matters in question, it is properly to be inferred that he desires and intends that the person he names should be prosecuted. Where the circumstances are such that the facts relating to the alleged offence can be within the knowledge only of the complainant, as was the position here, then it becomes virtually impossible for the police officer to exercise any independent discretion or judgment, and if a prosecution is instituted by the police officer the proper view of the matter is that the prosecution has been procured by the complainant.
The question to be asked was: ‘Is there any evidence to show that the defendant was actively instrumental in putting the law in force?’

Judges:

Lopes J

Citations:

(1880) 43 LT 603

Jurisdiction:

England and Wales

Cited by:

Cited – Hunt v AB CA 22-Oct-2009
The claimant sought damages from a woman in malicious prosecution, saying that she had made a false allegation of rape against him. He had served two years in prison.
Held: The claim failed. A complainant is not a prosecutor, and is not liable . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 09 November 2022; Ref: scu.377303

Chubb Cash Ltd v John Crilley and Son (a firm): 1983

The prima facie measure of damages for conversion of a chattel is the market value of the chattel at the time of its conversion.

Citations:

[1983] 2 All ER 294

Jurisdiction:

England and Wales

Cited by:

Cited – Zabihi v Janzemini and Others CA 30-Jul-2009
The claimant said that he had left valuable jewelry with the defendant for sale. The defendant said at first they had been stolen, but then returned jewelry which the claimant denied was what had been left. The defendant appealed a finding that he . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 09 November 2022; Ref: scu.374779

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

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

Judges:

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

Citations:

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

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

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

Commonwealth, Torts – Other

Updated: 09 November 2022; Ref: scu.373980

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 consequences of that punishment.’

Judges:

Denning J

Citations:

[1948] 2 All ER 35

Jurisdiction:

England and Wales

Cited by:

Cited – Gray v Thames Trains and Others HL 17-Jun-2009
The claimant suffered psychiatric injury in a rail crash caused by the defendant’s negligence. Under this condition of Post-Traumatic Stress Disorder, the claimant had later gone on to kill another person, and he had been detained under section 41. . .
Cited – 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 . .
Cited – Les Laboratoires Servier and Another v Apotex Inc and Others SC 29-Oct-2014
Ex turpi causa explained
The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 09 November 2022; Ref: scu.347281

Keen v Whistler: 1795

Trespass for chasing his cow, and his domestic fowls, viz. hens, geese, and co. with dogs, which dogs were used to bite tame fowl, by whose biting they were killed. On not guilty, verdict for the plaintiff; and he had his full costs, because this is not a trespass wherein the right of the freehold may come in question.

Citations:

[1795] EngR 2266, (1795) 1 Str 534, (1795) 93 ER 683 (C)

Links:

Commonlii

Jurisdiction:

England and Wales

Animals, Torts – Other

Updated: 09 November 2022; Ref: scu.354611

Clarke v Chief Constable of North Wales Police: CA 7 Oct 1997

Citations:

[1997] EWCA Civ 2432

Jurisdiction:

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 – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 09 November 2022; Ref: scu.142830

Fisher and Another v Chief Constable of Cumbria Constabulary: CA 29 Jul 1997

The Chief Constable appealed against an award of pounds 750 made after a police officer serving a search warrant forgetfully failed to leave a copy with the occupier.

Judges:

Woolf LJ, Roch LJ, Cotton LJ

Citations:

[1997] EWCA Civ 2232

Links:

Bailii

Statutes:

Misuse of Drugs Act 1971 23(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Bhatti and Others v Croydon Magistrates’ Court and Others Admn 3-Feb-2010
The claimant challenged the valiity of search warrants used at his home. He said they were deficient in not including the information as required by the Act. The police said that they were in accordance with the Home Office guidance.
Held: . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 09 November 2022; Ref: scu.142629

Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department: CA 23 Jul 1997

The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it.
Held: Where A becomes liable to B as a joint tortfeasor with C in the tort of deceit practised by C on B on the basis that A and C have a common design to defraud B and A renders assistance to C pursuant to and in furtherance of the common design, does D, A’s employer, become vicariously liable to B, simply because the act of assistance, which is not itself the deceit, is in the course of A’s employment with D? An employer was not liable for the fraudulent acts of his employee during the employment but may be for purposes of fraud by third party.
Hobhouse LJ said: ‘Mere assistance, even knowing assistance, does not suffice to make the ‘secondary’ party liable as a joint tortfeasor with the primary party. What he does must go further. He must have conspired with the primary party or procured or induced his commission of the tort . . ; or he must have joined in the common design pursuant to which the tort was committed’

Judges:

Stuart-Smith LJ, Hobhouse LJ

Citations:

Times 04-Aug-1997, Gazette 10-Sep-1997, [1998] 1 Lloyd’s Rep 19, [1997] EWCA Civ 2165

Jurisdiction:

England and Wales

Citing:

Appeal from – Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department 1996
The Export Credit Guarantee Department was not liable to the Bank for the loss which the Bank sustained due to the fraud of one of its customers in which an employee was involved. . .
Cited – PLG Research Ltd and Another v Ardon International Ltd and Others ChD 25-Nov-1994
A patent infingement claim was met by the assertion that the material covered had been disclosed before the patent had been obtained. The court was asked as to the test of whether the information in a claim had been disclosed. Aldous J said: ‘Mr. . .

Cited by:

Appeal from – Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credits Guarantee Department HL 19-Feb-1999
The wrong of the servant or agent for which the master or principal is liable is one committed in the case of a servant in the course of his employment, and in the case of an agent in the course of his authority. It is fundamental to the whole . .
Cited – AbouRahmah and Another v Abacha and others QBD 28-Nov-2005
Claims were made as to an alleged fraud by some of the respondents. . .
Cited – British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others CA 23-Jul-1998
Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop . .
Cited – Total Network Sl v Customs and Excise Commissioners CA 31-Jan-2007
The defendants suspected a carousel VAT fraud. The defendants appealed a finding that there was a viable cause of action alleging a ‘conspiracy where the unlawful means alleged is a common law offence of cheating the public revenue’. The defendants . .
Cited – Twentieth Century Fox Film Corporation and Another v Newzbin Ltd ChD 29-Mar-2010
The defendant operated a web-site providing a search facility of the Usenet news system which allowed its users to locate copies of films online for downloading. The claimant said this was an infringement of its copyrights.
Held: The defendant . .
Cited – The Rugby Football Union v Viagogo Ltd QBD 30-Mar-2011
The claimant objected to the resale through the defendant of tickets to matches held at the Twickenham Stadium. The tickets contained terms disallowing resales at prices over the face value. They sought orders for the disclosure of the names of the . .
Cited – Fish and Fish Ltd v Sea Shepherd UK and Another AdCt 25-Jun-2012
The claimant company was engaged in tuna fish culture off shore to Malta. The defendant ship was owned by a charity which campaigned against breaches of animal preservation conventions. Fish were being transporting live blue fin tuna in towed . .
Cited – Fish and Fish Ltd v Sea Shepherd Uk and Others CA 16-May-2013
The claimant company sought damages after their transport of live tuna was attacked by a protest group. They now appealed against a decision that the company owning the attacking ship was not liable as a joint tortfeasor.
Held: The appeal was . .
Cited – Sea Shepherd UK v Fish and Fish Ltd SC 4-Mar-2015
Accessory Liability in Tort
The court considered the concept of accessory liability in tort. Activists had caused damage to vessels of the respondent which was transporting live tuna in cages, and had caused considerable damage. The appellant company owned the ship from which . .
Lists of cited by and citing cases may be incomplete.

Employment, Vicarious Liability, Torts – Other, Banking

Updated: 09 November 2022; Ref: scu.80791

Bieber and Others v Teathers Ltd: CA 14 Nov 2012

The claimants sought damages after being advised to invest in a tax saving scheme by the defendants.

Judges:

Arden, Sullivan, Patten LJJ

Citations:

[2012] EWCA Civ 1466

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Bieber and Others v Teathers Ltd ChD 9-Feb-2012
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Trusts, Income Tax

Updated: 06 November 2022; Ref: scu.465796

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.

Judges:

Eady J

Citations:

[2012] EWHC 3184 (QB)

Links:

Bailii

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.

Torts – Other

Updated: 06 November 2022; Ref: scu.465701

Graiseley Properties Ltd and Others v Barclays Bank Plc: ComC 29 Oct 2012

The claimant sought damages alleging that the wrongful manipulation of the LIBOR interest rate by the defendants had caused them losses. Loan facilities which they had taken out had been subject to interest rates set by reference to LIBOR. The defendant sought a strike out of the claim and a refusal of leave for the claimants to amend their claim.
Held: The defendant’s applications were rejected. The claimant’s case was clearly arguable.

Judges:

Flaux J

Citations:

[2012] EWHC 3093 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Attorney General of Belize and others v Belize Telecom Ltd and Another PC 18-Mar-2009
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was . .
Cited – Crema v Cenkos Securities Plc CA 16-Dec-2010
C sought payment of broker fees after assisting in raising funds for a venture capital company. The parties disputed the terms as to when payment was to be made.
Held: The appeal was allowed. The evidence did not allow the inference of the . .
Cited – Cassa Di Risparmio Della Repubblica Di San Marino Spa v Barclays Bank Ltd ComC 9-Mar-2011
The claimant alleged misselling of a complex financial product by the defendant.
Held: Hamblen J set out the relevant principles as to misrepresentation in this context, namely that in a deceit case, the representor should understand that he . .
Cited – Mabanga v Ophir Energy Plc and Another QBD 15-Jun-2012
The defendants sought summary judgment strinking out the claims against them in deceit and misrepresentation in the making of an agreement for a sale of the claimant’s share of the net profits in an oil concession.
Held: Before giving summary . .

Cited by:

See Also – Graiseley Properties Ltd and Others v Barclays Bank Plc and Others ComC 24-Jan-2013
The claimants sought damages alleging that the defendant bank had manipulated the LIBOR bank rate whch was used to set interest rates on its loan. The defendant sought guidance as to the form to be taken by its electronic disclosures, and an order . .
Lists of cited by and citing cases may be incomplete.

Banking, Torts – Other

Updated: 06 November 2022; Ref: scu.465548

Bottomley v Todmorden Cricket Club: CA 7 Nov 2003

The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it.
Held: The nature of the activity to be carried out, the discharge of pyrotechnics as part of a dramatic entertainment, required particular care in the choice of contractor. No proper or sufficient checks had been carried out. Insurance was importance to the issue of reasonable care in the choice of a reasonably competent independent contractor. The 1957 Act did nothing to weaken the effect of the judgment of this court in Honeywill. The club had not done what it ought to have done and was liable.

Judges:

Lord Justice Brooke Lord Justice Clarke Lord Justice Waller

Citations:

[2003] EWCA Civ 1575, Times 13-Nov-2003, Gazette 02-Jan-2004, [2004] PIQR 276

Links:

Bailii

Statutes:

Occupiers’ Liability Act 1957

Jurisdiction:

England and Wales

Citing:

Cited – Honeywll and Stein Ltd v Larkin Brothers Ltd 1934
Slesser LJ said: ‘It is clear that the ultimate employer is not responsible for the acts of an independent contractor merely because what is to be done will involve dangers to others if negligently done. The incidence of liability is limited to . .
Cited – Salsbury v Woodland CA 1970
The defendant had instructed independent contractors to remove a large tree in his garden. When they did so, the plaintiff was injured when the car he was in was fouled in a wire brought down by the tree. The defendant householder appealed against a . .
Distinguished – Ferguson v Welsh HL 29-Oct-1987
The plaintiff sought damages for personal injury. A council had engaged a competent contractor to carry out demolition works. Unknown to the council, the contractor sub-contracted the works to two brothers who worked in a highly dangerous manner. . .
Cited – Gwilliam v West Hertfordshire Hospitals NHS Trust and Others CA 24-Jul-2002
The claimant sought damages. She had been injured after the negligent erection of a stand which was known to be potentially hazardous. The contractor was uninsured, and the claimant sought damages from the Hospital which had arranged the fair in its . .

Cited by:

Cited – Naylor (T/A Mainstreet) v Payling CA 7-May-2004
The claimant was injured by a door attendant employed as an independent contractor by the defendant.
Held: The defendant’s duty in selecting an independent contractor was limited to assessing the competence of the contractor. The duties of . .
Cited – EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd CA 10-Nov-2006
The sub-contractor’s workman fell through a skylight and died. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed.
Held: Whether main contractors were also liable to . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other

Updated: 06 November 2022; Ref: scu.187551

Kuwait Oil Tanker Company S A K ; Sitka Shipping Incorporated v Al Bader; Qabazard and Stafford: CA 24 Mar 1997

Judges:

Staughton, Waite, Aldous LJJ

Citations:

[1997] EWCA Civ 1318, [1997] 1 WLR 1410, [1997] 2 All ER 855, (1997) 141 SJLB 140, Times 01-Apr-1997

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Confirmed on Appeal to – Kuwait Oil Tanker Co SAK and Another v Al Bader and Others (No 2) ComC 19-Dec-1995
ComC Leave to serve writ outside jurisdiction under RSC Ord 11 r1(1)(c) – whether required to serve on another defendant before leave obtained – retrospective validation . .
See Also – Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others CA 28-May-1999
The defendants having been found to have acted dishonestly to the tune of pounds 130,000,000 sought a stay of execution pending an appeal. The judge had found that the appeal was arguable. . .
See Also – Kuwait Oil Tanker Company SAK and Another v Al Bader and Others CA 18-May-2000
The differences between tortious conspiracies where the underlying acts were either themselves unlawful or not, did not require that the conspiracy claim be merged in the underlying acts where those acts were tortious. A civil conspiracy to injure . .
See Also – Kuwait Oil Tanker Company Sak and Another v Al Bader and others ComC 17-Oct-2008
The claimants had succeeded in an action based on fraud, and now sought to enforce their judgment. . .
Lists of cited by and citing cases may be incomplete.

International, Torts – Other

Updated: 06 November 2022; Ref: scu.141714

Henry Ansbacher and Co Ltd v Binks Stern (a Firm): CA 24 Jun 1997

The bank had made an allegation of fraudulent misrepresentation against a firm of solicitors. It appealed a strike out of its claim.
Held: An appeal court may exceptionally overturn a finding that the Defendant was not guilty of fraud in a case where that conclusion is inevitable from the facts.

Citations:

Times 26-Jun-1997, Gazette 09-Jul-1997, [1997] EWCA Civ 1942

Jurisdiction:

England and Wales

Litigation Practice, Torts – Other

Updated: 05 November 2022; Ref: scu.81322

Muqtaar, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Oct 2012

The claimant appealed against rejection of his claim that his detention by immigration officials over many months had been unlawful.

Judges:

Lloyd, Richards, Elias LJJ

Citations:

[2012] EWCA Civ 1270, C4/2011/3133

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Muqtaar v Secretary of State for The Home Department Admn 14-Nov-2011
The claimant challenged as unlawful his continued detention under immigration powers. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 05 November 2022; Ref: scu.464842

AAM (A Child) v Secretary of State for The Home Department: QBD 27 Sep 2012

The claimant sought damages, alleging false imprisonment and breach of article 5 of the European Convention on Human Rights. The defendant conceded that the detention had been unlawful because officers had wrongly applied a presumption that an asylum seeker who arrived clandestinely should be detained, but disputed that other grounds on which the claimant alleged that his detention were unlawful. The judgment was concerned with that dispute, which was thought to have a potential bearing on the assessment of compensation.
The police were called when the claimant went into a petrol station asking for food. He told the police through an interpreter that he was 15 years old and came from Iran. He was detained and the police notified the social services department of the local county council. A social worker conducted an age assessment and concluded that he was over 18. The police called the Border Agency and an immigration officer took the decision that he should be detained. The immigration officer gave evidence. The judge found that the decision to detain was unlawful because the immigration officer failed to ask herself the right questions or to take reasonable steps to acquaint herself with the information needed to make her decision. She did not know the requirements of a Merton-compliant assessment. A later re-assessment by social services concluded that the appellant was 17. At the trial it was accepted as a fact that he was 15 and that the way in which the first assessment had been carried out was defective.
Held: Lang J accepted that the proper interpretation of the policy set out in EIG paragraph 55.9.3.1, was did not impose a pre-condition that a Merton-compliant age assessment had been carried out. An immigration officer was required to make an independent evaluation and exercise his judgment in deciding whether or not the criteria in the paragraph were met. On the judge’s findings, the immigration officer lacked the training to have done so and failed the test. Her factual findings were sufficient to justify the conclusion that the decision to detain was unlawful.
Lang J concluded: ‘Unfortunately, the immigration officers did not have regard to the claimant’s status as a child, and the need to safeguard and promote his welfare as a child, when they made the decision to detain him, because they were under the mistaken belief that he was not a child.
However, he was in fact a child, within the meaning of the definition of ‘child’ in sub-section (6), and it is not possible to interpret this definition as if Parliament had included the words ‘appears to be a child’ or ‘is reasonably believed to be a child’. . My conclusion is that, by failing to have regard to the need to safeguard and promote his welfare as a child, the immigration officers erred in law, rendering the decision to detain unlawful.’

Judges:

Lang J

Citations:

[2012] EWHC 2567 (QB)

Links:

Bailii

Cited by:

Cited – AA, Regina (on The Application of) v Secretary of State for The Home Department SC 10-Jul-2013
The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he . .
Lists of cited by and citing cases may be incomplete.

Immigration, Children, Torts – Other, Human Rights

Updated: 05 November 2022; Ref: scu.464574

Bayley v South Wight Borough Council: CA 27 Feb 1997

Application for leave to appeal out of time. The defendant had disposed of a caravan belonging to the claimant which had been removed by others from land and abandoned on the highway verge. He claimed for the value of his contents in the caravan. The defendant said that by the time they found it the caravan was empty.
Held: The registrar had carefully taken evidence from many witnesses. There was no evidence to suggest that he had erred.

Citations:

[1997] EWCA Civ 1113

Jurisdiction:

England and Wales

Local Government, Torts – Other

Updated: 05 November 2022; Ref: scu.141509

Khodaparast v Farrokh-Shad: CA 26 Feb 1997

The claimant an Iranian woman teacher at an Iranian religious school in London claimed damages for malicious falsehood from her former lover. He created documents using her photographs superimposed on pornographic pictures from a magazine and inserting words which suggested that the claimant was advertising sexual services. These were sent to the daughter of a newspaper editor. The newspaper did not publish but the documents were circulated widely in the Iranian community in London. The judge awarded pounds 20,000 as general damages for malicious falsehood but said that, had the claim been brought in defamation, he would have awarded pounds 50,000.
Held: This was an ’eminently reasonable’ figure.

Citations:

[1997] EWCA Civ 1090, [2000] EMLR 265

Jurisdiction:

England and Wales

Cited by:

Cited – Kiam v MGN Ltd CA 28-Jan-2002
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably . .
Lists of cited by and citing cases may be incomplete.

Damages, Torts – Other

Updated: 05 November 2022; Ref: scu.141486

McNamara v North Tyneside Metropolitan Borough Council: CA 21 Feb 1997

The claimant sought damages for personal injuries. The case he presented at trial differed from that pleaded, and he now appealed dismissal of his claim.
Held: The variation was sufficiently serious to justify the refusal of relief. In fact the claim should be under Occupier’s Liability where the common law duty of care had been superceded. The claim would have failed if properly presented.

Citations:

[1997] EWCA Civ 1072

Jurisdiction:

England and Wales

Citing:

Cited – Waghorn v Wimpey (George) and Co 1969
The plaintiff pleaded that he slipped on a bank, but the evidence was that he slipped on a path.
Held: The variation in the case presented from that pleaded was fatal to the case. The court considered such variations: ‘In the present case Mr . .
Cited – Hughes v Lord Advocate HL 21-Feb-1963
The defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion. The child was burned. The . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other

Updated: 05 November 2022; Ref: scu.141468

W v Home Office: CA 19 Feb 1997

W had been held in immigration detention because of a crass administrative mistake about his ability to establish his country of origin.
Held: An immigration officer who was using his statutory powers is not liable for negligent or false imprisonment: ‘The process whereby the decision making body gathers information and comes to its decision cannot be the subject of an action in negligence. It suffices to rely on the absence of the required proximity. In gathering information, and taking it into account the Defendants are acting pursuant to their statutory powers and within that area of their discretion where only deliberate abuse would provide a private remedy. For them to owe a duty of care to immigrants would be inconsistent with the proper performance of their responsibilities as immigration officers. In conducting their inquiries, and making decisions in relation to immigrants, including whether they should be detained pending those inquiries, they are acting in that capacity of public servant to which the considerations outlined above apply.’

Judges:

Lord Woolf MR, Thorpe, Waller LJJ

Citations:

Times 14-Mar-1997, [1997] EWCA Civ 1052, [1997] Imm AR 302

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Torts – Other, Negligence

Updated: 05 November 2022; Ref: scu.90211

Timeplan Education Group Limited v National Union of Teachers and Dunn: CA 23 Jan 1997

Damages were claimed for an alleged unlawful interference with contractual relations.
Held: Ignorance of the terms of the contract did not suffice to show absence of intent to interfere with contractual relations.

Citations:

[1997] EWCA Civ 832, [1997] 1RLR 457

Jurisdiction:

England and Wales

Citing:

Approved – Greig v Insole 1978
The court was asked whether the Test and County Cricket Board had, by passing certain resolutions, induced cricketers with contracts with World Series Cricket Pty Ltd, the plaintiff, to break those contracts. The TCCB had acted in good faith and . .

Cited by:

Cited – Mainstream Properties Ltd v Young and others CA 13-Jul-2005
The claimant appealed refusal of his claim for inducing a breach of contract against the sixth defendant. It said that an intention to disturb a contract could be inferred.
Held: A mere recklessness as to whether contractual rights were . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other, Damages

Updated: 05 November 2022; Ref: scu.141228

Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997

CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various elements going to make up an award. Where exemplary damages were appropriate they were unlikely to be less than andpound;5,000: otherwise the case was probably not one which justified an award of exemplary damages at all. Although there could be a penal element in the award of aggravated damages, these were primarily to be awarded to compensate the plaintiff for injury to his proper pride and dignity and the consequences of his being humiliated or where those responsible had acted in a high handed insulting or malicious manner.
In cases where juries were assessing damages in actions for assault, wrongful imprisonment or malicious prosecution arising out police misconduct, section 8(1) has the effect of ‘lowering the barrier against intervention’ in relation to such awards.
Woolfe LJ said: ‘In deciding upon what should be treated as the upper limits for exemplary damages we have selected a figure which is sufficiently substantial to make it clear that there has been conduct of a nature which warrants serious civil punishment and indicates the jury’s vigorous disapproval of what has occurred but at the same time recognises that the plaintiff is the recipient of a windfall in relation to exemplary damages. As punishment is the primary objective in this class of case it is more difficult to tie the amount of exemplary damages to the award of compensatory damages, including aggravated.’ and ‘However, in many cases it could prove a useful check subject to the upper limits we have identified if it is accepted that it will be unusual for the exemplary damages to produce a result of more than three times the basic damages being awarded (as the total of the basic aggravated and exemplary damages) except again where the basic damages are modest.’

Judges:

Woolfe MR, Auld LJ, Sir Brian Neill

Citations:

Times 20-Feb-1997, [1997] 2 All ER 762, [1997] 1 WLR 1519, [1997] EWCA Civ 3083, [1998] 1 QB 498, (1998) 10 Admin LR 363, [1997] 3 WLR 403

Links:

Bailii

Statutes:

Courts and Legal Services Act 1990 8(1)

Jurisdiction:

England and Wales

Citing:

See Also – Thomas v Commissioner of Police for Metropolis CA 28-Nov-1996
In an action for damages and false imprisonment, the defendant police officers sought to have introduced the claimant’s previous criminal record, which was expired under the 1974 Act.
Held: The judge had been correct not to follow practice in . .

Cited by:

Cited – Regina (on the Application of O’Brien, Hickey, Hickey) v Independent Assessor QBD 16-Apr-2003
The claimants were to be awarded damages for having been wrongly imprisoned for many years. The respondent was to calculate the award. They complained that he had refused to particularise the award to identify and itemise non-pecuniary loss.
Cited – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Cited – Watkins v Secretary of State for The Home Departmentand others CA 20-Jul-2004
The claimant complained that prison officers had abused the system of reading his solicitor’s correspondence whilst he was in prison. The defendant argued that there was no proof of damage.
Held: Proof of damage was not necessary in the tort . .
Cited – Watson v Cleveland Police CA 12-Oct-2001
The defendant appealed an award of damages in favour of the applicant for assault by police officers whilst held in police custody. The said the judge should have allowed the claimant’s criminal record in in full.
Held: The judge had directed . .
Cited – R, Regina (on the Application of) v Durham Constabulary and Another HL 17-Mar-2005
The appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable . .
Cited – KD v Chief Constable of Hampshire QBD 23-Nov-2005
The claimant’s daughter had made a complaint of rape. She alleged that she was sexually harassed by the investigating police officer, and sought damages also from the defendant, his employer. The officer denied that anything improper or . .
Cited – Manley v Commissioner of Police for the Metropolis CA 28-Jun-2006
The claimant succeeded in his action against the respondent for assault, false imprisonment and malicious prosecution. He appealed his award of damages for malicious prosecution. He had a bad record, and the essential issue was the extent to which . .
Cited – Clark v Chief Constable of Cleveland Police CA 7-May-1999
It was appropriate for courts in all cases to give juries both general guidance on awarding damages and guidance as to the range of awards available in the circumstances. The court aslo set out the proper approach to the award of aggravated damages . .
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 . .
Cited – Rowlands v Chief Constable of Merseyside Police CA 20-Dec-2006
The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable.
Held: . .
Cited – Subiah v The Attorney General of Trinidad and Tobago PC 3-Nov-2008
(Trinidad and Tobago) The Board considered the extent of damages for infringement of the claimant’s constitutional rights. He had been on board a bus. He complained when a policeman was allowed not to buy a ticket. The same constable arrested him as . .
Cited – Takitota v the Attorney General and others PC 18-Mar-2009
(Bahamas) The applicant a tourist had been wrongfully detained in appalling conditions in the Bahamas for over eight years after he lost his documents. He now appealed against an award of $500,000 dollars compensation.
Held: ‘it would not be . .
Cited – 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 – Takitota v the Attorney General and others PC 18-Mar-2009
(Bahamas) The applicant a tourist had been wrongfully detained in appalling conditions in the Bahamas for over eight years after he lost his documents. He now appealed against an award of $500,000 dollars compensation.
Held: ‘it would not be . .
Cited – Muuse v Secretary of State for The Home Department CA 27-Apr-2010
The claimant, a Dutch national, was detained pending deportation. He was arrested ‘for immigration’ after being given bail in other proceedings. It had been found that that detention was unlawful. He did not come within the criteria for deportation, . .
Cited – Richardson v The Chief Constable of West Midlands Police QBD 29-Mar-2011
The claimant, a teacher, said he had been unlawfully arrested and detained after an allegation of assault from a pupil. Having attended the police station voluntarily, he said that the circumstances did not satisfy the required precondition that an . .
Cited – Clifford v The Chief Constable of The Hertfordshire Constabulary QBD 1-Apr-2011
The claimant alleged malicious prosecution and misfeasance in public office bought by the claimant who was charged with child pornography offences in July 2004. The prosecution had eventually offered no evidence. He said that it should have been . .
Cited – Thakrar v The Secretary of State for Justice Misc 31-Dec-2015
County Court sitting at Milton Keynes. The claimant prisoner sought damages saying that his personal property had been damaged whilst in the care of the defendant.
Held: The claims succeeded in part. Some damage was deliberate. There was a . .
Cited – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.

Damages, Police, Torts – Other

Updated: 05 November 2022; Ref: scu.89872

Jeffries v Robb: CA 28 Jun 2012

The claimant complained that the defendant neighbouring land owner had obstructed his right of way. The defendant counterclaimed in harassment.

Judges:

Sir Nicholas Wall, Arden, Sullican LJJ

Citations:

[2012] EWCA Civ 1149

Links:

Bailii

Jurisdiction:

England and Wales

Land, Torts – Other

Updated: 04 November 2022; Ref: scu.463699

Hall v Fox: QBD 19 Jul 2012

A security company had become insolvent. One shareholder, the claimant, re-established a business with a third party. His former co-shareholder then secured a consultancy agreement, assigning the benefit of that agreement to the defendant. The claimant now complained of harassment by the defendant. The defendant had an historic conviction for a serious offence, and was said to have used this to re-inforce his threats. The defendant denied the behaviour alleged.
Held: The defendant’s statements were consistent and credible. Not all those of the claimant were. The action failed, and the interim injunctions were set aside.

Judges:

Richard Seymour QC J

Citations:

[2012] EWHC 2210 (QB)

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 3(1) 7(3)

Contract, Torts – Other

Updated: 04 November 2022; Ref: scu.463640

AAA v Associated Newspapers Ltd: QBD 25 Jul 2012

The claimant child sought damages and an injunction from and against the defendant newspapers, alleging harassment and breach of her privacy. At times there had been as many as ten reporters encamped outside her house.

Judges:

Nicola Davies J

Citations:

[2012] EWHC 2103 (QB), [2013] EMLR 2

Links:

Bailii

Statutes:

Protection from Harassment Act 1997, European Convention on Human Rights

Cited by:

Principal judgment – AAA v Associated Newspapers Ltd QBD 31-Jul-2012
. .
Appeal from – AAA v Associated Newspapers Ltd CA 20-May-2013
An order had been sought for the claimant child for damages after publication by the defendant of details of her identity and that of her politician father. She now appealed against refusal of her claim for damages for publication of private . .
Lists of cited by and citing cases may be incomplete.

Media, Torts – Other

Updated: 04 November 2022; Ref: scu.463284

Gosling v Birnie: 29 Jan 1831

The defendant, a wharfinger, having acknowledged certain timber on his wharf to be the property of the Plaintiff, Held, that he could not dispute the P1aintiffs title in an action of trover, brought against him by the Plaintiff.

Citations:

[1831] EngR 407, (1831) 7 Bing 339, (1831) 131 ER 131

Links:

Commonlii

Jurisdiction:

England and Wales

Torts – Other

Updated: 04 November 2022; Ref: scu.320285

Benchaouir, Regina (on The Application of) v Secretary of State for The Home Department: Admn 7 Oct 2019

Claim brought by way of judicial review for a declaration that the claimant’s detention between 4 January 2018 and 4 September 2018 inclusive was unlawful and for damages for false imprisonment.

Judges:

The Honourable Mr Justice Lewis

Citations:

[2019] EWHC 2606 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 03 November 2022; Ref: scu.642702

Regina (W) v Doncaster Metropolitan Borough Council: Admn 13 Feb 2003

The claimant sought damages for false imprisonment. The mental health tribunal had ordered his release, but the respondent had delayed that release.
Held: False imprisonment is established on proof of imprisonment without lawful authority. An authority might commit both the tort of false imprisonment and infringe a patient’s human rights, but not all infringements of a patient’s article 5 rights would involve a breach of domestic law. It was not therefore possible to equate an infringement of article 5 with a domestic tort, and the section did not apply. The Mental Health Act should be read down so as not to protect authorities against breaches of the convention.

Judges:

Stanley Burton J

Citations:

Times 12-Mar-2003, [2003] EWHC 192 (Admin ), (2003) 6 CCL Rep 301

Links:

Bailii

Statutes:

Mental Health Act 1983 139(1), European Convention on Human Rights 5 8

Jurisdiction:

England and Wales

Citing:

Cited – Johnson v The United Kingdom ECHR 24-Oct-1997
Mr Johnson awaited trial for crimes of violence. He was diagnosed mentally ill, and on conviction made subject to a hospital order, and restricted without limit of time. He made progress, but was not discharged or re-classified. At a fourth tribunal . .
Dicta Doubted – Regina v Ealing District Health Authority, ex parte Fox 1993
A patient’s conditional discharge had been ordered by a tribunal. One of the conditions imposed by the tribunal was the appointment by the health authority of a responsible medical officer to provide psychiatric supervision of the patient in the . .
Cited – Regina v Mental Health Review Tribunal; Torfaen County Borough Council and Gwent Health Authority ex parte Hall Admn 23-Apr-1999
The tribunal had ordered the conditional discharge of the patient, subject to conditions to be satisfied by the local health authority. The authority had failed to make the arrangements which would have satisfied the relevant conditions, and as a . .
Cited – Regina (on the application of K) v Camden and Islington Health Authority CA 21-Feb-2001
The duty of a local authority to seek to provide resources to care for a mental patient after release into the community, is not absolute, and is subject to the limitations of the availability of a sufficient budget. A continued detention in . .
Cited – Regina (IH) v Secretary of State for the Home Department and Another CA 15-May-2002
The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he . .

Cited by:

Appeal from – W v Doncaster Metropolitan Borough Council CA 6-May-2004
The claimant had been detained by the respondent under the Act. A trubunal had ordered his release subject to proper arrangements for his support in the community. In the absence of such arrangements being made, he complained at his continued . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Human Rights, Health

Updated: 03 November 2022; Ref: scu.179929

First National Commercial Bank Plc v Loxleys (a Firm): CA 6 Nov 1996

The plaintiff claimed damages from the seller of land and from their solicitors for misrepresentation in the replies to enquiries before contract. He appealed a striking out of his claim.
Held: A lawyer’s disclaimer placed on his Replies to Enquiries before Contract were to be examined carefully to see if they constituted an unfair term. The claim was not unarguable, and should proceed. Whether the solicitor owed a duty of care could not be decided without assessing the validity of the disclaimer. ‘neither the duty of care issue nor the disclaimer issue is suitable to be determined under Order 14A.’

Judges:

Lord Justice Nourse, Lord Justice Waller, Sir John May

Citations:

Gazette 20-Nov-1996, Times 14-Nov-1996, [1996] EWCA Civ 886

Statutes:

Unfair Contract Terms Act 1977

Jurisdiction:

England and Wales

Citing:

Cited – Gran Gelato Ltd v Richcliff (Group) Ltd ChD 1992
The claimant wished to purchase an underlease from the first defendant. The claimant’s solicitors inquired of the second defendants, a firm of solicitors acting for the first defendant, whether any provisions in the headlease might affect the length . .
Cited – Kemp Properties (UK) Ltd v Dentsply Research and Development Corporation 1989
The court considered a Solicitor’s possible personal liability for misrepresentation made in replies given to enquiries before contract on acting on the sale of land. . .
Cited – Wilson v Bloomfield 1979
Negligence of solicitor in answering replies to preliminary enquiries on a sale of land. . .
Cited – Smith v Eric S Bush, a firm etc HL 20-Apr-1989
In Smith, the lender instructed a valuer who knew that the buyer and mortgagee were likely to rely on his valuation alone. The valuer said his terms excluded responsibility. The mortgagor had paid an inspection fee to the building society and . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Cited – Henderson v Merrett Syndicates Ltd HL 25-Jul-1994
Lloyds Agents Owe Care Duty to Member; no Contract
Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses.
Held: The assumption of . .
Cited – McCullagh v Lane Fox and Partners Ltd CA 19-Dec-1995
There was no duty in negligent mis-statement from a vendor’s estate agent to a purchaser for that purchaser’s financial loss after proceeding without first obtaining a survey relying upon the agent.
Hobhouse LJ said: ‘On the Sunday, Mr. Scott . .
Cited – William Sindall Plc v Cambridgeshire County Council CA 21-May-1993
Land was bought for development, but the purchaser later discovered a sewage pipe which very substantially limited its development potential. The existence of the pipe had not been disclosed on the sale, being unknown to the seller.
Held: . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Torts – Other

Updated: 03 November 2022; Ref: scu.140753

FGP v Serco Plc and Another: Admn 5 Jul 2012

The claimant said that whilst he had been being taken from an immigration detention centre to hospital, he had been restrained by various forms of handcuffs. He said that had been unlawful.
Held: The claim failed: ‘ the recommendation that there should only be handcuffing in exceptional circumstances is to apply too high a test. Those making the risk assessment have to decide whether handcuffing is reasonably necessary and so proportionate having regard to all relevant circumstances, which will include the insecure nature of the hospital. The claimant had criminal convictions and the most recent for affray indicated that there had been violence or a threat of violence to others. In addition, he had a history which indicated that he was liable to react to pressure in a disruptive fashion and there was also the possibility of self harm. It was known that he was most anxious to avoid return to Algeria. One of the main reasons for his detention was concern that if not detained he would abscond.
In my judgment, what was known of the claimant justified the assessment that he should be restrained during the hospital visit. Having seen and heard the two witnesses who gave evidence, I am satisfied that they did consider in a proper fashion whether restraint was needed.’

Judges:

Collins J

Citations:

[2012] EWHC 1804 (Admin)

Links:

Bailii

Statutes:

Home Office Detention Services Order 1/2002, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Cited – Faizovas, Regina (on the Application of) v Secretary of State for Justice CA 13-May-2009
. .
Cited – C, Regina (on the Application of) v Secretary of State for Justice CA 28-Jul-2008
The court was asked as to what methods of physical restraint were proper in institutions accommodating youths in custody.
Held: The Court had been wrong not to quash the amended rules on the grounds of procedural breaches. The amended rules . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Prisons, Human Rights

Updated: 03 November 2022; Ref: scu.461953

Tankaria and others v Morgan and others: ChD 20 Apr 2005

The claimants sought committal orders against the defendant solicitors who had carried out conveyancing transactions on their behalf, but had failed to deliver completion statements and to acount for funds accordingly.
Held: The application failed: ‘with considerable reluctance, I find it impossible to conclude that it has been demonstrated beyond reasonable doubt that Miss Morgan intended not to comply with Master Bragge’s order.
Strong things may be said about her competence, but I do not think I can say on the present material, that it is proved beyond reasonable doubt, that she intended wilfully to breach Master Bragge’s order, at least up to 14 March.’

Judges:

Laddie J

Citations:

[2005] EWHC 3282 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Legal Professions

Updated: 03 November 2022; Ref: scu.263693

Browne v Dawson: 1840

The master of a school had possession of the schoolroom for the purposes of his office, but was dismissed by the trustees for an alleged breach of the rules, and he gave up the room which was taken possession of by them and locked up. He returned on the next day, broke open the room, and held it for 11 days, at the end of which the trustees forcibly ejected him. He then claimed trespass, describing the premises as a room of the plaintiff. Plea in denial that it was not the room of plaintiff
Held: The plaintiff had not by his re-entry acquired possessionary rights against the trustees as wrongdoers, and they might set up the above facts in defence without having pleaded not possessed
The trustees of the free school had agreed rules for the governance of the school and the trustees called on those rules and produced them at the trial of the causes between them.
Held: They were admissible without having been stamped as an agreement

Citations:

(1840) 12 Ad and El 624, (1840) 4 Per and Dav 355, (1840) 113 ER 950

Jurisdiction:

England and Wales

Employment, Torts – Other, Stamp Duty

Updated: 01 November 2022; Ref: scu.649122

Mabanga v Ophir Energy Plc and Another: QBD 15 Jun 2012

The defendants sought summary judgment strinking out the claims against them in deceit and misrepresentation in the making of an agreement for a sale of the claimant’s share of the net profits in an oil concession.
Held: Before giving summary judgment under CPR 24(a)(i) the Court must be satisfied that the Claimant has no real prospect of succeeding on the claim; and that there is no other compelling reason why the case should be disposed of at a trial.

Judges:

Popplewell J

Citations:

[2012] EWHC 1589 (QB)

Links:

Bailii

Statutes:

Misrepresentation Act 1967 2(1)

Cited by:

Cited – Graiseley Properties Ltd and Others v Barclays Bank Plc ComC 29-Oct-2012
The claimant sought damages alleging that the wrongful manipulation of the LIBOR interest rate by the defendants had caused them losses. Loan facilities which they had taken out had been subject to interest rates set by reference to LIBOR. The . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 01 November 2022; Ref: scu.460442

CXX v DXX: QBD 1 Jun 2012

Application for permission to appeal against an order striking out parts of the defence and granting summary judgment in a claim for damages for trespass to the person and harassment.

Judges:

Spencer J

Citations:

[2012] EWHC 1535 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 01 November 2022; Ref: scu.460353

Potts v Miller: 1940

High Court of Australia

Judges:

Dixon J

Citations:

(1940) 64 CLR 282

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Smith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 31 October 2022; Ref: scu.191188

Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996

Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts.

Citations:

Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289

Links:

Bailii

Statutes:

Race Relations Act 1976 20(g)

Jurisdiction:

England and Wales

Cited by:

Cited – SPV v AM and Another CA 27-Aug-1999
The respondent sought leave to appeal against a decision of the Employment Appeal Tribunal that he was an appropriate respondent to the claimant’s claim for sex discrimination. The claimant had been a police officer, and claimed she had been the . .
Cited – Chief Constable of Kent County Constabulary v Baskerville CA 3-Sep-2003
The claimant sought damages for sex discrimination by fellow police officers in an action against the Chief Constable. The Chief Constable said he was liable for the unlawful acts of fellow officers.
Held: Anything done by an employee was done . .
Cited – Barwise, Regina (on the Application Of) v Chief Constable of West Midlands Police Admn 8-Jul-2004
The applicant sought judicial review of the decision of the respondent to remove his status of police constable. He had been absent from work with stress for a long time. He had failed to attend appointments on police premises.
Held: The . .
Cited – Gichura v Home Office and Another CA 20-May-2008
The claimant sought damages after his treatment as a disabled person whilst held in immigration detention centres. The court dismissed his claim on the basis of Amin.
Held: The application of the Amin case was too simplistic. The various . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Torts – Other, Police

Updated: 31 October 2022; Ref: scu.140551

De Bretton v Hampshire County Council: CA 9 Oct 1996

The claimant sought damages after a car skidded on the road, and she was injured. She said the respondent was in breach of their statutory duty in having failed to clear the road. The authority said it had taken the appropriate steps to clear up the spillage, and that the accident was a result of the claimant driving too quickly. An employee of the respondent had spread the sand, but also had materials for the clearing up of oil which he had not used. This came up only after he had completed his evidence. The respondent objected to thie admission of this evidence, and then asked the judge to recuse herself. She had ordered a retrial.
Held: there had been no impropriety. The case was remitted to the same judge for the hearing to be completed.

Citations:

[1996] EWCA Civ 688

Statutes:

Highways Act 1980

Jurisdiction:

England and Wales

Torts – Other, Road Traffic, Litigation Practice

Updated: 31 October 2022; Ref: scu.140555

Stadium Capital Holdings (No2) Ltd v St Marylebone Property Company and Another: ChD 8 Nov 2011

The parties continued their dispute over a hoarding attached to a building of one party which was said to intrude on the land of the other. Damages had been awarded of the full amount of license fees received for the board from advertisers.

Judges:

Vos J

Citations:

[2011] EWHC 2856 (Ch), [2012] 1 P andCR 7, [2012] 4 EG 108

Links:

Bailii

Jurisdiction:

England and Wales

Land, Damages, Torts – Other

Updated: 31 October 2022; Ref: scu.459702

Higgs v W H Foster trading as Avalon Coaches: CA 1 Jul 2004

The claimant, a police officer entered the defendants premises at night in order to take up position to observe a suspect. He fell into an open inspection pit, and appealed dismissal of his claim under the Occupiers Liability Acts.
Held: The situation had to be looked at in the light of the particular circumstances. There might be a general possibility of trespass, but there was no reason to anticipate such an intrusion at this precise location within the yard. Appeal dismissed.

Judges:

Kay, Lord Justice Kay Lord Justice Latham

Citations:

[2004] EWCA Civ 843

Links:

Bailii

Statutes:

Occupiers Liability Act 1984 1(3)(b)

Jurisdiction:

England and Wales

Citing:

Cited – Donoghue v Folkestone Properties Limited CA 27-Feb-2003
The claimant had decided to go for a midnight swim, but was injured diving and hitting a submerged bed. The landowner appealed a finding that it was 25% liable. The claimant asserted that the defendant knew that swimmers were common.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 31 October 2022; Ref: scu.198472

Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the course of justice, and misfeasance in public office. He had remained in prison after conviction on another charge of murder.
Held: The appeal failed. The public policy purposes underlying the immunity were essentially two-fold. First, as in Munster, namely ‘. . to protect persons acting bona fide, who under a different rule would be liable, not perhaps to verdicts and judgments against them, but to the vexation of defending actions’ and secondly as in Roy v. Prior ‘. . to avoid a multiplicity of actions in which the value or truth of their evidence would be tried over again.’

Judges:

Simon Brown LJ, Neill LJ, Waite LJ

Citations:

Times 09-Jul-1996, [1996] 8 Admin LR 633, [1996] EWCA Civ 1311

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Roy v Prior HL 1970
The court considered an alleged tort of maliciously procuring an arrest. The plaintiff had been arrested under a bench warrant issued as a result of evidence given by the defendant. He sued the defendant for damages for malicious arrest.
Held: . .
Cited – Munster v Lamb CA 1883
Judges and witness, including police officers are given immunity from suit in defamation in court proceedings.
Fry LJ said: ‘Why should a witness be able to avail himself of his position in the box and to make without fear of civil consequences . .
Cited – Dawkins v Lord Rokeby 1873
dawkins_rokeby1873
Police officers (among others) are immune from any action that may be brought against them on the ground that things said or done by them in the ordinary course of the proceedings were said or done falsely and maliciously and without reasonable and . .
Cited – Evans v London Hospital Medical College and Others 1981
The defendants employed by the first defendant carried out a post mortem on the plaintiff’s infant son. They found concentrations of morphine and told the police. The plaintiff was charged with the murder of her son. After further investigation no . .
Cited – Marrinan v Vibert CA 2-Jan-1963
A tortious conspiracy was alleged in the conduct of a civil action. The plaintiff appealed against rejection of his claim.
Held: The appeal failed as an attempt to circumvent the immunity of a wirness in defamation by framing a claim in . .
Cited – Marrinan v Vibart CA 2-Jan-1962
Two police officers gave evidence in a criminal prosecution of others, that the plaintiff, a barrister, had behaved improperly by obstructing a police officer in the execution of his duty and subsequently gave similar evidence at an inquiry before . .
Cited – Lincoln v Daniels CA 1961
The defendant claimed absolute immunity in respect of communications sent by him to the Bar Council alleging professional misconduct by the plaintiff, a Queen’s Counsel.
Held: Initial communications sent to the secretary of the Bar Council . .
Cited – Marrinan v Vibart CA 1962
The court considered an action in the form an attempt to circumvent the immunity of a witness at civil law by alleging a conspiracy.
Held: The claim was rejected. The court considered the basis of the immunity from action given to witnesses. . .
Cited – Martin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .

Cited by:

Cited – Darker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
Cited – Taylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
Cited – General Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 31 October 2022; Ref: scu.89263

Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages.
Held: The contention was rejected. Insurance for local authorities and police authorities against vicarious liability including for criminal liability and for exemplary damages is not unlawful. The words of the clause ‘all sums which the insured shall become legally liable to pay as compensation’ was not clear as to its extent, and was not to be limited to any claim for compensation as such. Exemplary damages went beyond pure compensation but were included. Nor was there any public policy against insuring for liability for criminal conduct.
Simon Brown LJ discussed the use of public policy as an aid to construction: ‘The only way in which public policy can properly be invoked in the construction of a contract is under the rule ut res magis valeat quam pereat: if the words are susceptible of two meanings, one of which would validate the particular clause or contract and the other render it void or ineffective, then the former interpretation should be applied even though it might otherwise, looking merely at the words and their context, be less appropriate.’ and
‘Although I accept Mr. Glasgow’s submission that the natural and ordinary meaning of ‘compensation’ in the context of a legal liability to pay damages is one which excludes any element of exemplary damages, I cannot accept that this meaning is wholly clear and unambiguous. On the contrary it involves very much a literal, lawyer’s understanding of the term and is one which would not command universal acceptance. Many, including no doubt most recipients, would regard compensation to mean instead all damages (of whatever character and however calculated) payable to the victim of a tort.’

Judges:

Lord Justice Staughton, Lord Justice Simon Brown and Lord Justice Thorpe

Citations:

Gazette 05-Jun-1996, Times 08-Apr-1996, [1997] QB 897, [1996] EWCA Civ 1345, [1996] 3 All ER 545, [1996] 3 WLR 493, [1996] CLC 1459

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – AB v South West Water Services Ltd CA 1993
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility.
Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if . .
Cited – Riches v News Group Newspapers Ltd CA 20-Feb-1985
The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.

Cited by:

Cited – Barrett v Universal-Island Records Ltd and others ChD 15-May-2006
The claimant was entitled to share in the copyright royalties of Bob Marley and the Wailers, and claimed payment from the defendants. The defendants said that the matters had already been settled and that the claim was an abuse of process, and also . .
Cited – Bedfordshire Police Authority v Constable and others ComC 20-Jun-2008
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance . .
Cited – Mulcaire v News Group Newspapers Ltd ChD 21-Dec-2011
The claimant, a private investigator had contracted with the News of the World owned by the defendant but since closed. He had committed criminal offences in providing information for the paper, had been convicted and had served his sentence. He . .
Cited – Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Torts – Other, Local Government, Police

Updated: 31 October 2022; Ref: scu.82914

Tugushev v Orlov and Others: ComC 27 Mar 2019

Held: Challenge to jurisdiction rejected.

Judges:

Carr J

Citations:

[2019] EWHC 645 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Tugushev v Orlov and Others ComC 14-Dec-2018
Defendant’s application for security for costs. . .

Cited by:

See Also – Tugushev v Orlov and Others (No 2) ComC 26-Jul-2019
. .
Lists of cited by and citing cases may be incomplete.

Company, Torts – Other, Jurisdiction

Updated: 31 October 2022; Ref: scu.642112

Luck T/A G Luck Arboricultural and Horticultural v London Borough of Tower Hamlets: CA 30 Jan 2003

The claimant said he had been wrongfully excluded from tendering for work by the respondent under the Regulations. He had worked for the respondent as a contractor for many years. He complained that a reference provided by one of the decision makers was inaccurate, and given in bad faith.
Held: The papers had failed to raise within the time limit set, the issue of contravention of the regulations. Accordingly it was time barred. The regulation was not invalid under European law. The claimant had failed to show bad faith in such a way as to allow a claim for misfeasance in public office.

Judges:

Lord Justice Mummery, Lord Justice Rix, Lord Justice Judge

Citations:

[2003] EWCA Civ 52

Links:

Bailii

Statutes:

Public Services Contracts Regulations 1993 (SI 1993 no 3328), Council Directive 92/50/EEC

Jurisdiction:

England and Wales

Local Government, European, Torts – Other

Updated: 27 October 2022; Ref: scu.178787

Wilson v Pringle: CA 26 Mar 1986

Two boys played in a school yard. D said he had pulled a bag from the other’s shoulder as an ordinary act of horseplay. The plaintiff said it was a battery.
Held: The defendant’s appeal against summary judgment was allowed. A claim of trespass to the person amounting to a battery was established by showing an intentional touching of the plaintiff and that the touching was hostile. Where the facts of the touching did not themselves establish hostility, the pleadings should particularise just how hostility is shown. Force applied by way of self-defence amounts to lawful excuse.

Judges:

Croom-Johnson LJ

Citations:

[1986] 2 All ER 440, [1986] 3 WLR 1, [1987] QB 237, [1986] EWCA Civ 6

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Collins v Wilcock QBD 1984
The defendant appealed against her conviction for assaulting a police constable in the execution of his duty. He had sought to caution her with regard to activity as a prostitute. The 1959 Act gave no power to detain, but he took hold of her. She . .

Cited by:

Cited – Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .
Mentioned – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Cited – F v West Berkshire Health Authority HL 17-Jul-1990
The parties considered the propriety of a sterilisation of a woman who was, through mental incapacity, unable to give her consent.
Held: The appeal succeeded, and the operation would be lawful if the doctor considered it to be in the best . .
Cited – White v Withers Llp and Dearle CA 27-Oct-2009
The claimant was involved in matrimonial ancillary relief proceedings. His wife was advised by the defendants, her solicitors, to remove his private papers. The claimant now sought permission to appeal against a strike out of his claim against the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 27 October 2022; Ref: scu.181797

Sussex Investments Ltd and Another v Jackson and Cornell: CA 29 Jul 1993

Where the owner was registered as proprietor of the land between the towpath and the water’s edge, the securing of boats at the water’s edge and the laying out of gangplanks, is a trespass to the land despite the existence of a right of towage.

Citations:

Times 29-Jul-1993, Gazette 02-Aug-1993

Jurisdiction:

England and Wales

Torts – Other, Land

Updated: 26 October 2022; Ref: scu.89618

Millar and Others v Bassey and Another: CA 26 Aug 1993

It was alleged that Miss Shirley Bassey had breached her contract with a record producer Dreampace (or with her own management company which had in turn contracted with Dreampace), as a result of which Dreampace had been unable to perform a contract with the plaintiffs of which Miss Bassey had known.
Held: The court asked ‘Must the conduct of the defendant, the alleged tortfeasor, be aimed directly at the plaintiff, the contracting party, who suffers damage, in the sense that the defendant intends that the plaintiff’s contract should be broken, or is it sufficient that that conduct should have the natural and probable consequence that the plaintiff’s contract is broken?’ No specific intent is necessary to establish the tort of inducing a breach of contract. The tort is ‘a species of the genus of economic torts whereby the common law protects against the intentional violation of economic interests’.
Peter Gibson LJ: There had to be the deliberate interference with a contract with a view to bringing about its breach rather than interference causing a breach when that interference was merely the incidental consequence of the defendant’s conduct: ‘ . . it is a requirement of the tort that it should be established that the defendant by his conduct intended to break or otherwise interfere with and, with that intention, did break or otherwise interfere with a contract to which the plaintiff was a party.’
Beldam LJ: ”In the passage cited, Woolf LJ was in my opinion emphasising the distinction between an intention to bring about a consequence and the desire to do so and was pointing out that a person can intend a consequence if he knows that it will follow from a course of conduct on which he embarks deliberately. Nor I my view can a consequence properly be regarded as unintended or incidental if the deliberate action is taken knowing that it must inevitably bring about the consequence, desired or not. In truth in such a case the actor intends to bring about both the undesired and the desired consequence and is willing to bring about the one to achieve the other. ‘

Judges:

Ralph Gibson and Beldam LJJ

Citations:

Independent 26-Aug-1993, [1994] EMLR 44

Jurisdiction:

England and Wales

Cited by:

Cited – OBG Ltd OBG (Plant and Transport Hire) Ltd v Raymond International Ltd; OBG Ltd v Allen CA 9-Feb-2005
The defendants had wrongfully appointed receivers of the claimant, who then came into the business and terminated contracts undertaken by the business. The claimant asserted that their actions amounted to a wrongful interference in their contracts . .
Considered – Latvian Shipping Company and Others v Stocznia Gdanska Sa CA 21-Jun-2002
A payment condition was just that and that a failure to pay entitled the seller to terminate at common law. Rix LJ said: ‘It is established law that, where one party to a contract has repudiated it, the other may validly accept that repudiation by . .
View of Stuart Smith LJ approved – Oren, Tiny Love Limited v Red Box Toy Factory Limited, Red Box Toy (UK) Limited, Index Limited, Martin Yaffe International Limited, Argos Distributors Limited PatC 1-Feb-1999
One plaintiff was the exclusive licensee of a registered design. The defendant sold articles alleged to infringe the design right. The registered owner had a statutory right to sue for infringement. But the question was whether the licensee could . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 26 October 2022; Ref: scu.83721

Khorasandjian v Bush: CA 16 Feb 1993

The plaintiff was an eighteen year old girl who had had a friendship with the defendant, aged 28. The friendship broke down and the plaintiff said she would have no more to do with him, but the defendant did not accept this. There were many complaints against the defendant, including assaults, threats of violence, and pestering the plaintiff at her parents’ home where she lived. As a result of the defendant’s threats and abusive behaviour he spent some time in prison.
Held: Harassing telephone calls can be restrained on the basis that they can constitute a nuisance to the occupier. A court may restrain harassment not just to protect a strict legal right.
Dillon LJ (with whom Rose LJ agreed) described the authorities as establishing that ‘false words or verbal threats calculated to cause, uttered with the knowledge that they are likely to cause, and actually causing physical injury to the person to whom they are uttered are actionable’ and interpreted injury in the sense of ‘recognisable psychiatric illness with or without psychosomatic symptoms’, as distinct from ‘mere emotional distress’.
. . And ‘ . . false words or verbal threats calculated to cause, and uttered with the knowledge that they are likely to cause and actually causing physical injury to the person to whom they are uttered are actionable: see the judgment of Wright J in Wilkinson v Downton [1897] 2 QB 57 at 59, [1895-9] All ER Rep 267 at 269 cited by Bankes LJ in Janvier v Sweeney [1919] 2 KB 316 at 321-322, [1918-19] All ER Rep 1056 at 1059. There was a wilful false statement, or unfounded threat, which was in law malicious, and which was likely to cause and did in fact cause physical injury, viz illness of the nature of nervous shock.”

Judges:

Dillon, Rose LJJ, Peter Gibson J

Citations:

Gazette 21-Apr-1993, Independent 17-Mar-1993, [1993] Fam Law 679, [1993] 3 WLR 476, [1993] QB 727, [1993] 3 All ER 669, [1993] EWCA Civ 18

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Followed – Motherwell v Motherwell 1976
(Appellate Division of the Alberta Supreme Court) The court recognised that not only the legal owner of property could obtain an injunction, on the ground of private nuisance, to restrain persistent harassment by unwanted telephone calls to his . .
Cited – Patel v Patel CA 1988
An exclusion zone order had been removed from an injunction granted to a father-in-law against his son-in-law. May LJ observed that an injunction ‘can only be an appropriate remedy where an actual tortious act has been or is likely to be committed’. . .

Cited by:

Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Overruled – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Cited – Ward v Scotrail Railways Limited SCS 27-Nov-1998
The claimant sought damages from the defender, saying that a co-worker had sexually harrassed her. The behaviour continued after she made a complaint to her employer.
Held: It was conceded that the employee’s conduct was not such as to attract . .
Cited – Rhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
Cited – OPO v MLA and Another CA 9-Oct-2014
The claimant child sought to prevent publication by his father of an autobiography which, he said, would be likely to cause him psychological harm. The father was well known classical musician who said that he had himself suffered sexual abuse as a . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Torts – Other

Updated: 26 October 2022; Ref: scu.82771

Davidson v Chief Constable of North Wales Police and Another: CA 31 May 1993

A store detective said the plaintiffs had stolen from the store. He was wrong. The plaintiffs sought damages from the defendant for false imprisonment.
Held: If the police use their own discretion to arrest a suspect, an informer is not liable for false imprisonment. The intervention by the police breaks any causation of the store detectives. The officer was not liable under the 1984 Act. The question was whether a defendant to a claim for false imprisonment had ‘himself been the instigator, promoter and active inciter of the action (namely, the arrest that followed)’.
Sir Thomas Bingham MR said: ‘Accordingly, as it would seem to me, the question which arose for . . Decision . . was whether there was information properly to be considered by the jury as to whether what [the defendant] did went beyond laying information before police officers for them to take such action as they thought fit, and amounted to some direction, or procuring, or direct request, or direct encouragement that they should act by way of arresting [the plaintiffs].’
The test of the store detective’s conduct was whether he: ‘went beyond laying information before police officers for them to take such action as they thought fit and amounted to some direction, or procuring, or direct request, or direct encouragement that they should act by way of arresting these defendants.’
As to the case of M, Laws J’s reasoning was approved but not the conclusion: ‘The judge goes straight from a finding that the hospital managers were entitled to act upon an apparently valid application to the conclusion that the applicant’s detention was therefore not unlawful. That is, in my judgment, a non sequitur. It is perfectly possible that the hospital managers were entitled to act on an apparently valid application, but that the detention was in fact unlawful. If that were not so the implications would, in my judgment, be horrifying. It would mean that an application which appeared to be in order would render the detention of a citizen lawful even though it was shown or admitted that the approved social worker purporting to make the application was not an approved social worker, that the registered medical practitioners whose recommendations founded the application were not registered medical practitioners or had not signed the recommendations, and that the approved social worker had not consulted the patient’s nearest relative or had consulted the patient’s nearest relative and that relative had objected. In other words, it would mean that the detention was lawful even though every statutory safeguard built into the procedure was shown to have been ignored or violated.’

Judges:

Sir Thomas Bingham MR, Staughton LJ

Citations:

Ind Summary 31-May-1993, [1994] 2 All ER 597

Statutes:

Police and Criminal Evidence Act 1984 24(6)

Jurisdiction:

England and Wales

Citing:

Overruled – Regina v Managers of South Western Hospital and Another, Ex Parte M QBD 24-Mar-1993
The patient was detained on the application of an AMHP. In purported pursuance of section 11(4) the AMHP had consulted the patient’s mother as her nearest relative. However, the patient’s mother was not ordinarily resident in the UK, and, according . .

Cited by:

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 – ID and others v The Home Office (BAIL for Immigration Detainees intervening) CA 27-Jan-2005
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other . .
Cited – Prison Officers Association v Iqbal CA 4-Dec-2009
The claimant, a prisoner, alleged false imprisonment. The prison officers had taken unlawful strike action leaving him to be confined within his cell and unable to be involved in his normal activities. In view of the strike, a governor’s order had . .
Cited – TTM v London Borough of Hackney and Others CA 14-Jan-2011
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the . .
Cited – Commissioner of Police of The Metropolis v Copeland CA 22-Jul-2014
The defendant appealed against the award of damages for assault, false imprisonment and malicious prosection, saying that the question posed for the jury were misdirections, and that the jury’s decision was perverse. The claimant was attending the . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 26 October 2022; Ref: scu.79827

Burton v Winters: CA 2 Jun 1993

The defendant’s garage had encroached by one brick’s width on the plaintiff’s land and had been built in 1975. The plaintiff obtained a declaration that that was the position in 1990 but was refused the mandatory injunction which she sought. The plaintiff would not accept this conclusion and she trespassed on, and interfered with, the defendant’s garage and land. The defendants obtained an injunction to restrain her from doing so, but she continued, and she was the subject of an application for committal for contempt, and she was committed for contempt for a period of two years. She appealed.
Held: She had not been entitled to use self help. Self help was wrong in a complicated case, but abatement is available in simple cases where the abatement would remove the nuisance and the cost of legal proceedings could not be justified. Self help to overcome a trespass by encroachment could rarely be justified.
Lloyd LJ discussed the relevant principles of self help: ‘Ever since the assize of nuisance became available, the courts have confined the remedy by way of self-redress to simple cases such as an overhanging branch, or an encroaching root, which would not justify the expense of legal proceedings, and urgent cases which require an immediate remedy. Thus, it was Bracton’s view that where there is resort to self-redress, the remedy should be taken without delay. In Blackstone’s Commentaries on the Laws of England, Book III, chapter 1, we find: ‘And the reason why the law allows this private and summary method of doing one’s self justice, is because injuries of this kind, which obstruct or annoy such things as are of daily convenience and use, require an immediate remedy; and cannot wait for the slow progress of the ordinary forms of justice.’
The modern textbooks, both here and in other common law jurisdictions, follow the same line: see Salmond and Heuston on Torts, 20th ed. (1992) p. 485; Clerk and Lindsell on Torts, 16th ed. (1989) p. 36; Fleming, The Law of Torts, 7th ed. (1987), p. 415 and Prosser and Keeton, The Law of Torts, 4th ed. (1971), p.641. In Prosser and Keeton we find: ‘Consequently the privilege [of abatement] must be exercised within a reasonable time after knowledge of the nuisance is acquired or should have been acquired by the person entitled to abate; if there has been sufficient delay to allow resort to legal process, the reason for the privilege fails, and the privilege with it.’
. . And: ‘In my opinion, this never was an appropriate case for self-redress, even if the plaintiff had acted promptly. There was no emergency. There were difficult questions of law and fact to be considered and the remedy by way of self-redress, if it resulted in the demolition of the garage wall, would have been out of all proportion to the damage suffered by the plaintiff.’ As to the refusal of the mandatory injunction he said: ‘Self redress is a summary remedy, which is justified only in clear and simple cases, or in an emergency.’

Judges:

Anthony Lloyd LJ

Citations:

Gazette 02-Jun-1993, [1993] 1 WLR 1077, [1993] 3 All ER 847

Jurisdiction:

England and Wales

Citing:

Cited – Moffett v Brewer 1848
Greene J said: ‘This summary method of redressing a grievance, by the act of an injured party, should be regarded with great jealousy, and authorised only in cases of particular emergency, requiring a more speedy remedy than can be had by the . .

Cited by:

Applied – Chamberlain v Lindon Admn 18-Mar-1998
The appellant challenged the dismissal of his private prosecution of the defendant in destroying a new garden wall. The magistrates had found a lawful excuse in that the defendant said that the wall had been constructed to obstruct his private right . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Torts – Other, Land

Updated: 26 October 2022; Ref: scu.78775

Global Asset Capital, Inc and Another v Aabar Block Sarl and Another: ComC 18 Feb 2016

Judges:

Walker J

Citations:

[2016] EWHC 298 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Global Asset Capital, Inc and Another v Aabar Block Sarl and Others CA 1-Feb-2017
Appeal against refusal of summary judgment. The court set out the applicable principles concerning strike out and summary judgment: ‘(1) The court must consider whether the case of the respondent to the application has a realistic as opposed to . .
Lists of cited by and citing cases may be incomplete.

Banking, Torts – Other

Updated: 26 October 2022; Ref: scu.560179

JO1 v Garret and Another: QBD 31 Mar 2010

The claimant sought damages against a social worker, alleging misfeasance in public office, and now appealed against a strike out of his claim.
Held: The elements necessary to succeed in such a claim were not made out in the pleadings, and therefore the claim was bound to fail. Permission to appeal against the strike out was refused.

Judges:

Tugendhat J

Citations:

[2010] EWHC 657 (QB)

Links:

Bailii

Citing:

Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 25 October 2022; Ref: scu.406646

Walsh v Staines and others: ChD 26 Jul 2007

The defendants applied to strike out a claim based on an allegation of a fraudulent deceit and conspiracy in earlier proceedings between the parties. It was said that the defendant solicitors had represented that their client had funds to support an action, only very shortly before he declared himself bankrupt.
Held: The court in a strike out application had to work on the basis that the allegations were true. The position was not clear enough to justify a strike out.

Judges:

Sarah Asplin QC

Citations:

[2007] EWHC 1814 (Ch), [2008] PNLR 8

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Arkwright v Newbold CA 1881
Cotton LJ discussed the tort of deceit and said: ‘In my opinion, it would not be right in an action of deceit to give a plaintiff relief on the ground that a particular statement, according to the construction put on it by the court, is false, when . .
Cited – Miles v Bull 1969
The husband and wife separated and the husband sold the property in which the wife was living. He then brought an action for possession of the property against her and now sought summary judgment.
Held: Megarry J said: ‘the defendant can . .
Cited – Surzur Overseas Ltd v Koros and others CA 25-Feb-1999
A defendant to a worldwide Mareva injunction had failed to give full disclosure of all his assets in an affidavit filed with the court. False evidence as to sale of the assets in question was later manufactured and placed before the court. The . .
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 – Darker v Chief Constable of The West Midlands Police HL 1-Aug-2000
The plaintiffs had been indicted on counts alleging conspiracy to import drugs and conspiracy to forge traveller’s cheques. During the criminal trial it emerged that there had been such inadequate disclosure by the police that the proceedings were . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 25 October 2022; Ref: scu.262953

Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

The claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions.
Held: The claim failed. The central accusation was that the respondent Minister had manipulated the situation in order to create an insolvency. No enginerring was required: ‘a provider of funds does not ‘create’ an insolvency by providing only that to which the recipient is entitled.’ and ‘I have no sufficient reason to find an intent to impair the financial interests of the shareholders in Group as being the sole, the predominant or as any intent lying behind Mr Byers’ actions.’

Judges:

Lindsay J

Citations:

[2005] EWHC 2192 (Ch)

Links:

Bailii

Statutes:

European Convention on Human Rights 1

Jurisdiction:

England and Wales

Citing:

Cited – Redgrave v Hurd CA 1881
The plaintiff, an elderly solicitor wishing to retire, advertised for someone to enter into partnership with him and to buy his house. The defendant responded to the advertisement and negotiations followed, in which the plaintiff stated that the . .
Cited – Prebble v Television New Zealand Ltd PC 27-Jun-1994
(New Zealand) The plaintiff, an MP, pursued a defamation case. The defendant wished to argue for the truth of what was said, and sought to base his argument on things said in Parliament. The plaintiff responded that this would be a breach of . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Wisniewski v Central Manchester Health Authority CA 1997
The court considered the effect of a party failing to bring evidence in support of its case, as regards the court drawing inferences: ‘(1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a . .
Cited – Hamilton v Al Fayed HL 23-Mar-2000
The claimant MP sued the defendant in defamation after he had alleged that the MP had corruptly solicited and received payments and benefits in kind as a reward for parliamentary services rendered.
Held: Parliament has protected by privilege . .
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 – Sporrong and Lonnroth v Sweden ECHR 23-Sep-1982
Balance of Interests in peaceful enjoyment claim
(Plenary Court) The claimants challenged orders expropriating their properties for redevelopment, and the banning of construction pending redevelopment. The orders remained in place for many years.
Held: Article 1 comprises three distinct . .
Cited – Agrotexim and Others v Greece ECHR 24-Oct-1995
Hudoc Not necessary to examine preliminary objection (ratione temporis); Preliminary objection allowed (victim); Lack of jurisdiction (complaint inadmissible, new complaint)
The applicant companies held . .
Cited – Humberclyde Finance Group Ltd v Hicks 14-Nov-2001
. .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .

Cited by:

Cited – Office of Government Commerce v Information Commissioner and Another Admn 11-Apr-2008
The Office appealed against decisions ordering it to release information about the gateway reviews for the proposed identity card system, claiming a qualified exemption from disclosure under the 2000 Act.
Held: The decision was set aside for . .
Lists of cited by and citing cases may be incomplete.

Company, Administrative, Torts – Other, Human Rights

Updated: 25 October 2022; Ref: scu.231098

Iqbal v Legal Services Commission: CA 10 May 2005

The claimant had been a partner in a firm of solicitors. They came to be suspected by the respondent of overclaiming legal aid payments and sums were withheld. For this and other reasons the practice folded, and the claimant became insolvent. He claimed that officers of the respondent had acted improperly, and claimed misfeasance in public office, in inter alia having failed to make payments which it had agreed to make. The respondent replied as a preliminary point that the claim was out of time.
Held: There was nothing to indicate that any failure by the Commission was continuing, and the applicant had not established any malice in law to found a claim.

Judges:

Pill, Chadwick, May LJJ

Citations:

[2005] EWCA Civ 623

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Forster v Outred and Co CA 1981
A mother signed a mortgage deed charging her property to H as security for a loan to her son. She claimed the solicitor had been negligent in his advice. The solicitor replied that the claim was out of time. The loss accrued not when demand for . .
Cited – Hopkins v Mackenzie CA 27-Oct-1994
A loss arising from a solicitor’s failure to pursue a case arose only when the claim was struck out, not earlier when compromised, and even though value already diminished. Accordingly the limitation period began to run from that time. . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Knapp v Ecclesiastical Insurance Group Plc and Another CA 30-Oct-1997
A claim in negligence was brought against insurance brokers for failing to advise the claimant of certain matters with the result that an insurance policy entered into by the claimant was voidable for non-disclosure.
Held: The claimant . .
Cited – Khan v R M Falvey and Co (a Firm) CA 22-Mar-2002
The claimant sought damages from his former solicitors for failing to act to avoid his case being struck out. The second action was itself delayed, and the defendants asserted that the cause of action occurred not when his claim was actually struck . .
Distinguished – Darley Main Colliery Co v Mitchell HL 1886
The owner of land whose land was affected by subsidence in 1868 and who received compensation from those who had worked coal and caused the subsidence, was able, in 1882 when further subsidence took place causing further injury, to bring a fresh . .
Cited – Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2) HL 27-Nov-1997
A surveyor’s negligent valuation had led to the plaintiff obtaining what turned out to be inadequate security for his loan. A cause of action against a valuer for his negligent valuation arises when a relevant and measurable loss is first recorded. . .
Cited – Phonographic Performance Limited v Department of Trade and Industry HM Attorney General ChD 23-Jul-2004
The claimant represented the interests of copyright holders, and complained that the defendant had failed to implement the Directive properly, leaving them unable properly to collect royalties in the music rental market. The respondent argued that . .
Cited – Yeheskel Arkin v Borchard Lines Ltd ComC 11-Nov-1999
A claimant in an action for damages for breaches of Articles 85, 86 of Rome Treaty, who had previously complained of such breaches to the European Commission but failed to complain of matters subsequently, attempted to raise in an action is . .
Cited – Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’) HL 13-Mar-2003
Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill.
Held: The specific . .
Cited – Homburg Houtimport BV v Agrosin Private Ltd (The Starsin) CA 23-Jan-2001
Cargo had been negligently stowed on a ship so that condensation caused damage during the subsequent voyage. The claimant only acquired a title to the cargo after the voyage had commenced. The defendants contended that no duty of care could be owed . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Limitation, Torts – Other

Updated: 25 October 2022; Ref: scu.226149

Weston v Gribben: ChD 20 Dec 2005

Judges:

Peter Smith J

Citations:

[2005] EWHC 2953 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996
Limits of Damages for Negligent Valuations
Damages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a general fall in values. Valuation is seldom an exact science, and within a band of figures valuers may differ without . .
Cited – Equitable Life Assurance Society v Ernst and Young CA 25-Jul-2003
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .

Cited by:

Appeal from – Weston v Gribben and Another CA 2-Nov-2006
The claimant sought damages claiming to have been defrauded of property in Spain. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 25 October 2022; Ref: scu.236572

Watkins v Secretary of State for The Home Departmentand others: CA 20 Jul 2004

The claimant complained that prison officers had abused the system of reading his solicitor’s correspondence whilst he was in prison. The defendant argued that there was no proof of damage.
Held: Proof of damage was not necessary in the tort of misfeasance in public office. The prisoner would be awarded andpound;5.00 nominal damages against the first defendant, but the issue of the claim for exemplary damages against the individual officers was remitted to the judge. The behaviour infringed the claimant’s basic constitutional right of access to the courts: ‘If there is a right which may be identified as a constitutional right, then there may be a cause of action for an infringement of that right without proof of special damage, provided that there is something more than the mere infringement.’

Judges:

Lord Justice Clarke Lord Justice Laws Lord Justice Brooke

Citations:

[2004] EWCA Civ 966, Times 05-Aug-2004, [2005] QB 883

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Ashby v White KBD 1703
Mr Ashby a burgess of the borough of Aylesbury was deprived of his right to vote by the misfeasance of a returning officer.
Held: The majority rejected the claim.
Lord Holt CJ (dissenting) An action would lie: ‘If the plaintiff has a . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Regina v Secretary of State Home Department, ex parte Leech (No 2) CA 20-May-1993
Prison rules were ultra vires in so far as they provided for reading letters between prisoners and their legal advisers. Every citizen has a right of unimpeded access to the court. A prisoner’s unimpeded access to a solicitor for the purpose of . .
Cited – Regina v Lord Chancellor ex parte John Witham Admn 7-Mar-1997
If subordinate legislation cannot be construed in a way that makes it compatible with fundamental rights, it will be declared ultra vires. Rules which disallowed exemptions from court fees to a litigant in person on income support were invalid. They . .
Cited – Embrey v Owen 1851
Parke B said: ‘It was very ably argued before us by the learned counsel for the plaintiffs that the plaintiffs had a right to the full flow of the water in its natural course and abundance, as an incident to their property in the land through which . .
Cited – Calveley v Chief Constable of the Merseyside Police HL 1989
Police officers brought an action in negligence against a Chief Constable on the ground that disciplinary proceedings against them had been negligently conducted. They claimed that the investigating officers had negligently failed to conduct the . .
Cited – Savill v Roberts 1741
The plaintiff, Roberts, was entitled to recover andpound;11 damages in proceedings for malicious prosecution, the defendant having maliciously caused Roberts to be indicted for causing a riot, and Roberts having been acquitted. The andpound;11 was . .
Cited – Quartz Hill Consolidated Gold Mining Co v Eyre CA 26-Jun-1883
The court considered whether an action lay without proof of special damage for maliciously presenting a winding up petition.
Held: There was. Though there was no general cause of action for maliciously bringing civil proceedings without . .
Cited – Fitzgerald v Firbank 1897
The owner of a right of fishing asserted a cause of action without proof of special damage against someone who had polluted the river in which the right was exercised.
Held: A right of fishing was of such a nature that a person who enjoyed it . .
Cited – Jones v Jones HL 1916
The House described the different origins of libel and slander. Libel was regarded by the Court of Star Chamber not merely as a crime punishable as such, but also as a wrong carrying the penalty of general damages, and this remedy was carried . .
Cited – Neville v London Express Newspaper HL 1919
The question was whether, in order to recover damages for the tort which existed, it was necessary to show specific loss.
Held: An action for damages for maintenance will not lie in the absence of proof of special damage. . .
Cited – Nicholas v Ely Beet Sugar Factory Ltd CA 1936
The plaintiff owned several fisheries and sought damages after the defendant polluted the riner. He was unable to prove any actual loss.
Held: Disturbance of a several fishery was an invasion of a legal right, and in such a case the injury to . .
Cited – The Owners of the Steamship Mediana v The Owners, Master and Crew of the Lightship Comet HL 1900
A lightship was damaged by negligence. The plaintiff harbour board kept a ship ready for emergencies, and consequently the damaged ship was replaced with the spare while she was being repaired. The question was whether the claimant could recover . .
Cited – Kuddus v Chief Constable of Leicestershire Constabulary HL 7-Jun-2001
There is no rule of law preventing the award of exemplary damages against police officers. The fact that no case of misfeasance in public office had led to such awards before 1964, did not prevent such an award now. Although damages are generally . .
Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Huckle v Money 1763
An action for false imprisonment brought by a journeyman printer who apparently had played no part in printing the famous issue No. 45 of ‘The North Briton ‘ but had been arrested under a warrant issued by a Secretary of State authorising a King’s . .
Cited – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
Cited – Owen and Smith (trading as Nuagin Car Service) v Reo Motors (Britain) Ltd CA 1934
The court made an award of andpound;100 exemplary damages . .

Cited by:

Appeal from – 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 – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Lists of cited by and citing cases may be incomplete.

Prisons, Torts – Other

Updated: 25 October 2022; Ref: scu.199273