Category: Torts – Other

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 right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy: for want of a right and want of remedy are reciprocal . . . My brother Powell thinks that an action on the case is not maintainable because there is no hurt or damage to the plaintiff but surely every injury imports a damage, though it does not cost the party one farthing, and it is impossible to prove the contrary; for a damage is not merely pecuniary but an injury imports a damage, when a man is thereby hindered of his rights.’ The right to vote was ‘a thing of the highest importance’ and on his ruling: ‘If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal’.

Judges:

Lord Holt CJ

Citations:

[1703] 92 ER 126, 1 Smith’s Leading Cases (13th ed ) 253

Cited by:

Cited – Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
Cited – 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 – 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 – Webb v Portland Manufacturing Co 1838
‘But I am not able to understand how it can correctly be said, in a legal sense, that an action will not lie, even in the case of a wrong or violation of a right, unless it is followed by some perceptible damage which can be established as a matter . .
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 – 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 – 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 . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Elections

Updated: 25 October 2022; Ref: scu.186665

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

Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002

The claimant was the subject of confidential reports prepared by the defendants which were leaked to newspapers causing him damage. He sought leave to amend his claim to add claims for breach of the Data Protection Act and for public misfeasance. Under the Civil Procedure Rules a new claim should be allowed if it is arguable. It was claimed that the failure to investigate the leak by the public authority itself amounted to an infringement of the claimant’s human rights. However an investigation into the investigation of the source of the leak would be an improper diversion of the case. A case of misfeasance required the clearest of proof. There was none against the third named defendant, and the associated claim would not be allowed. Lateness is not to be a ground for refusing a claim for aggravated damages. Derogatory statements by third parties could not be relied upon to found a claim for aggravated damages.
DPA 1998 s4(4) creates free-standing duty on data processors to comply with principles in Sch 1 Part I. Commissioner enforces compliance with principles, but his jurisdiction is non-exclusive so far as claims for damages by data subjects are concerned
Gray J held it arguable that ostensibly innocent words might convey a secondary, inferential meaning which embodied sensitive personal data about an individual to the effect that he was involved in money laundering.

Judges:

The Hon Mr Justice Gray

Citations:

[2002] EWHC 1122 (QB)

Links:

Bailii

Statutes:

Data Protection Act 1984, Data Protection Act 1998 4(4), Civil Procedure Rules 17.3.5

Jurisdiction:

England and Wales

Citing:

Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
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:

Cited – NT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Lists of cited by and citing cases may be incomplete.

Information, Torts – Other, Civil Procedure Rules, Human Rights

Updated: 25 October 2022; Ref: scu.172269

R Cruickshank Limited v The Chief Constable of Kent County Constabulary: CA 13 Dec 2002

The claimant had sought damages from the defendant for unlawful interference with contractual relations, and for misfeasance in public office. It now appealed against an order striking out its claim. It claimed that the police had unlawfully abused their power causing it damage to its goodwill and business.
Held: Three Rivers established two forms of claim for public misfeasance, acts of bad faith targeted against the claimant, and acting knowingly in excess of his powers, and causing damage to the claimant. Here the alternative claim of interfering in contractual relations was hopeless, following Lhonro. It would be wrong to water down the requirements of public misfeasance by reference to an economic tort. The case for public misfeasance was not unfit for trial, and should be allowed to proceed.

Judges:

Lord Justice Brooke, Lord Justice Sedley, Lord Justice Tuckey

Citations:

Times 27-Dec-2002, [2002] EWCA Civ 1840

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 – Lonrho plc v Fayed CA 1989
There had been a battle to purchase the share capital of the House of Fraser which owned Harrods. Lonrho alleged that the Fayed brothers had perpetrated a fraud on the Secretary of State, and thereby secured permission to buy the company without a . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 25 October 2022; Ref: scu.178444

Akenzua, Coy (Administrators of the Estate of Marcia Zena Laws (Deceased)) v Secretary of State for the Home Department, the Comissioner of Police for the Metropolis: CA 23 Oct 2002

The claimant sought damages for misfeasance in public office. The defendant had been involved in the release of a person known to be violent from custody, and where he had subsequently killed a member of the claimant’s family. The family appealed a strike out of their claim following the decision in Three Rivers. Held Following that case, and in cases where the result was personal injury, it was no longer necessary to allege that the victim was to be identifiable, either himself, or as a member of an identifiable group, before the act complained of as a misfeasance. It was sufficient to aver that the person could not be identified until the act of violence. What mattered was showing that if released it was predictable that the person released might well kill someone. It remained necessary to show that the actual violence inflicted was of a kind with that which might be known to the defendant.

Judges:

Simon Brown, Sedley Scott Baker, LLJ

Citations:

Times 30-Oct-2002, Gazette 05-Dec-2002, [2002] EWCA Civ 1470

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 . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 25 October 2022; Ref: scu.177841

Cornelius v Hackney London Borough Council: CA 25 Jul 2002

The applicant sought damages from the council for misfeasance in public office. Protracted litigation had followed his dismissal after he had attempted to bring allegations of misconduct within the authority to the attention of a council committee. He appealed an order striking out his claim.
Held: The distinction between a public officer exercising his power and one abusing his position as a public officer, did not defeat the claim. It was possible that a senior officer of the council could be liable to the claimant for abuse, and also that the Authority could be vicariously liable for such acts. The issues were of fact, and inappropriate for a strike out.

Judges:

Lord Justice Waller and Lord Justice Laws

Citations:

Times 27-Aug-2002, [2002] EWCA Civ 1073

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 – 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 – Elliott v Chief Constable of Wiltshire and Others ChD 20-Nov-1996
Vice-Chancellor was asked to consider whether to strike out a statement of claim based upon alleged misfeasance by a police officer in his public office. The allegation against the police officer was that he had deliberately and falsely supplied . .
See Also – Cornelius v London Borough of Hackney EAT 12-Jan-1996
. .
Lists of cited by and citing cases may be incomplete.

Local Government, Torts – Other, Vicarious Liability

Updated: 25 October 2022; Ref: scu.174750

Microsoft Corporation v McDonald: ChD 12 Dec 2006

The claimant sought damages from the defendant alleging abuse of email systems by sending large quantities of email spam. The defendant argued that the claimant had suffered no damage and had no standing to make a claim.
Held: The claim could proceed. The threshold question was determined according normal principles in deciding whether a private person, whether a natural person or a corporation, had a cause of action. If the claimant fell within the class of persons for whose protection the relevant requirements were imposed he had standing. The court must also be satisfied that the terms imposed enabled a claim to be brought. Microsoft was within that class and a person who had been caused damage by the sending of unsolicited electronic mail was able, in addition to or in lieu of compensation, to claim an injunction.

Judges:

Lewison J

Citations:

Times 26-Jan-2007

Jurisdiction:

England and Wales

Torts – Other

Updated: 24 October 2022; Ref: scu.248816

Hilton International Hotels v Protopapa: EAT 1990

The claimant asserted constructive dismissal.
Held: The trbunal rejected a submission that the absence of any provision for vicarious liability in the 1978 Act indicated that the general rule that an employer is vicariously liable for his employee’s acts done in the course of his employment did not apply. Knox J: ‘We do not regard this argument as compelling because the context of the Sex Discrimination Act 1975 is quite different from the context of the Employment Protection (Consolidation) Act. The Sex Discrimination Act 1975 is dealing with a very wide multiplicity of different situations besides the master and servant employer-employee relationship. In relation to many of those relationships where there is no necessary contractual nexus, it was necessary in our view to define in general terms the circumstances in which employers were liable for their employees’ actions. Accordingly there being a different context which justifies the inclusion of the specific provisions in s. 41(1) we do not think it right to draw conclusions from the absence of such a provision in the different context of the Employment Protection (Consolidation) Act 1978.’

Judges:

Knox J

Citations:

[1990] IRLR 316

Statutes:

Employment Protection (Consolidation) Act 1978

Jurisdiction:

England and Wales

Employment, Torts – Other

Updated: 24 October 2022; Ref: scu.241432

Chief Constable of Thames Valley Police v Hepburn: CA 13 Dec 2002

The claimant sought damages from the police. They had executed a search warrant, and one officer detained the claimant during the raid.
Held: A person who mistakenly restrained an individual in the mistaken belief that he had been lawfully arrested is liable for trespass to the person. The terms of the warrant had to be carefully applied. The warrant provided for a search of the premises, but included no power to detain a person found on the premises. A citizen’s freedom of movement is inviolable save under express power: ‘honest belief in a non-existent state of affairs does not excuse a trespass to the person’. An obstruction could give a power of arrest, but there was no implied power as suggested by the Chief Constable. Late amendments of the sort allowed here should be discouraged.

Judges:

Lord Justice Brooke, Lord Justice Sedley, Lord Justice Tuckey

Citations:

[2002] EWCA Civ 1841, Times 19-Dec-2002, [2002] All ER (D) 214, [2002] Po LR 38

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984

Jurisdiction:

England and Wales

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 . .
Distinguished – Director of Public Prosecutions v Meaden Admn 1-Dec-2003
The defendant had been charged with assaulting a police officer in the execution of his duty. The prosecutor appealed a finding of no case to answer. He had been present in a house when the police executed search warrants. He had refused to obey an . .
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 – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Litigation Practice

Updated: 24 October 2022; Ref: scu.178445

Slater and Gordon (UK) 1 Ltd v Watchstone: ComC 6 Sep 2019

Hearing of urgent vacation business on the defendant’s application for permission (i) to make certain amendments to its defence and (ii) to bring a counterclaim against the claimant (S and G) for breach of confidence, inducing breach of contract and unlawful means conspiracy.

Judges:

Bryan J

Citations:

[2019] EWHC 2371 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Information, Contract, Torts – Other

Updated: 24 October 2022; Ref: scu.642105

Adams and Others v Ford and Others: CA 26 Apr 2012

The several claimants had invested in a technology based investment scheme, which they now said was fraudulent. The defendants said that the original, large number of claimants had been reduced, but the lawyers acting for the claimants had issued proceedings without the authority all claimants, and that therefore the claim was an abuse of process and should be struck out.
Held: Such an action need not always be abuse of process since a named party would remain able to adopt the proceedimgs.

Judges:

Arden, Toulson, Black LJJ

Citations:

[2012] 3 All ER 247, [2012] EWCA Civ 544, [2012] WLR(D) 125, [2012] CP Rep 31, [2012] 1 WLR 3211

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Applied – Presentaciones Musicales Sa v Secunda and Another CA 29-Nov-1993
A writ was issued within the limitation period applicable to the cause of action. However, the authority of the nominal plaintiff was not obtained within the limitation period.
Held: The adoption by a plaintiff of proceedings issued without . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 23 October 2022; Ref: scu.452998

Krasniqi, Regina (on The Application of) v Secretary of State for The Home Department: CA 19 Dec 2011

The court was asked whether the appellant was entitled to damages for wrongful detention or alternatively for being held in prison rather than an immigration detention centre.

Judges:

Carnwath, Moses, Sullivan LJJ

Citations:

[2011] EWCA Civ 1549

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 23 October 2022; Ref: scu.450109

Zabihi v Janzemini and others: ChD 28 Nov 2008

The claimant sought the return of jewellery of substantial value. The defendants said that they had been returned or sold and accounted for.
Held: The court must do its best on such evidence as it feels able to accept to place some kind of value on the loss suffered.

Judges:

Blackburne J

Citations:

[2008] EWHC 2910 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – 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 . .
Cited – Thwaytes v Sotheby’s ChD 16-Jan-2015
The claimant had sold a painting through the defendant auctioneers. He sought damages after it was certified to be an original rather than copy Caravaggio painting, and worth very substantially more. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 23 October 2022; Ref: scu.278312

Marino v FM Capital Partners Ltd: CA 26 Feb 2020

Citations:

[2020] EWCA Civ 245

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Marino v FM Capital Partners Ltd CA 2016
The test for proprietary injunctions the courts impose a stricter test on defendants wishing to use assets falling within the scope of the injunction to pay legal fees. . .
See Also – FM Capital Partners Ltd v Marino and Others ComC 11-Jul-2018
Claims for conspiracy to injure . .
Lists of cited by and citing cases may be incomplete.

Company, Torts – Other

Updated: 22 October 2022; Ref: scu.648277

Iraqi Civilians v Ministry of Defence: QBD 7 Nov 2014

Over 600 Iraqi civilians brought actions in tort allegaing abuse by British armed forces during the period when British forces were present in Iraq. Directions were now addressed for settement of limitation issues.

Judges:

Leggatt J

Citations:

[2014] EWHC 3686 (QB), [2014] WLR(D) 496

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Torts – Other, International, Limitation

Updated: 22 October 2022; Ref: scu.538344

QRS v Beach and Another: QBD 11 Dec 2014

The defendant sought to have set aside an order made to cease to publish a website accusing the several claimant solicitors of assorted levels of misconduct. The defendants had been involved in opening a new website after the second defendant had lost several cases involving an earlier website. The claimants alleged that the sites amounted to harassment.

Judges:

Warby J

Citations:

[2014] EWHC 4189 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Defamation

Updated: 22 October 2022; Ref: scu.539948

Land Securities Plc and Others v Fladgate Fielder (A Firm): ChD 25 Mar 2009

The claimants sought damages, alleging that the defendants had abused the litigation process by issuing proceedings to challenge a grant of planning permission to the claimants not so as to defeat the grant, but by causing the claimants inconvenience and expense to put pressure on the claimants to provide the defendants with premises.
Held: The defendants application for summary judgement against the claimants succeeded.

Citations:

[2009] EWHC 577 (Ch), [2009] 13 EG 143

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Grainger v Hill CEC 1838
Misuse of Power for ulterior object
D1 and D2 lent C 80 pounds repayable in 1837, secured by a mortgage on C’s vessel. C was to be free to continue to use the vessel in the interim but the law forbade its use if he were to cease to hold its register. In 1836 the Ds became concerned . .
See Also – Fielder and Fladgate Llp v Westminster City Council Admn 27-Feb-2009
The claimants challenged the grant of planning permission for the development of land including the offices of which they were tenants. They said that the permission had been granted in error as to the application of the policy for providing . .

Cited by:

Appeal from – 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: 21 October 2022; Ref: scu.347263

OPQ v BJM and CJM: QBD 20 Apr 2011

The defendant was said to have attempted to blackmail the claimant by threatening to publish intimate photographs. The court had granted an injunction restraining publication and identification of the parties.
Held: As to the remedy of an injunction contra mundum, Eady J said: ‘the remedy is available, whenever necessary and appropriate, for the protection of Convention rights whether of children or adults’.

Judges:

Eady J

Citations:

[2011] EWHC 1059 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – In re A (A Minor) FD 8-Jul-2011
An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 21 October 2022; Ref: scu.434899

Landmark Brickwork Ltd v Sutcliffe and Others: QBD 17 May 2011

The claimant company sought interlocutory orders against its former senior officers.

Judges:

Slade DBE J

Citations:

[2011] EWHC 1239 (QB), [2011] IRLR 976

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Nottingham Building Society v Eurodynamics Systems plc 1993
The court laid down tests for the granting of mandatory interim injunctions. The court should consider whether there was a high degree of confidence that the applicant would succeed in establishing his right at trial. The higher that confidence, the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 21 October 2022; Ref: scu.439802

Macquarie Generation v Peabody Resources Ltd: 14 Dec 2000

Beazley JA concluded: ‘Thus, it is not relevant for the Court to determine whether, if the true position had been known, the representee would or would not have altered his position in relation to the contract. ‘It is enough if a full and exact revelation of the material facts might have prevented him from doing so.” and ‘[r]escission for misrepresentation in relation to a carefully negotiated written contract requires close examination of the alleged misrepresentation and its impact upon the representee at the time of contract’.
Mason P noted that: ‘[r]escission for misrepresentation in relation to a carefully negotiated written contract requires close examination of the alleged misrepresentation and its impact upon the representee at the time of contract’

Judges:

Beazley JA, Mason P

Citations:

[2000] NSWCA 361, [2001] Aust Contract Reports 90-121

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Cramaso Llp v Ogilvie-Grant, Earl of Seafield and Others SC 12-Feb-2014
The defenders owned a substantial grouse moor in Scotland. There had been difficulties with grouse stocks, and steps taken over years to allow stocks to recover. They had responded to enquiries from one Mr Erskine with misleading figures. Mr Erskine . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 19 October 2022; Ref: scu.536801

Pell Frischmann Engineering Ltd v Bow Valley Iran Ltd and Others: PC 26 Nov 2009

(From the Court of Appeal of Jersey) Lord Walker reviewed the principles in awarding damages under Lord Cairns Act, setting out five general principles established by the authorities. They included: ‘1. Damages (often termed ‘user damage’) are readily awarded at common law for the invasion of rights to tangible moveable or immoveable property (by detinue, conversion or trespass).
2 . .
3. Damages under Lord Cairns’s Act are intended to provide compensation for the court’s decision not to grant equitable relief in the form of an order for specific performance or an injunction in cases where the court has jurisdiction to entertain an application for such relief. Most of the recent cases are concerned with the invasion of property rights such as excessive user of a right of way. The breach of a restrictive covenant is also generally regarded as the invasion of a property right . . since a restrictive covenant is akin to a negative easement . . the decision of the House of Lords in Blake decisively covers what their Lordships have referred to as a non-proprietary breach of contract.
4. Damages under this head (termed ‘negotiating damages’ by Neuberger LJ in Lunn Poly) represent ‘such a sum of money as might reasonably have been demanded by [the claimant] from [the defendant] as a quid pro quo for [permitting the continuation of the breach of covenant or other invasion of right].
5. Although damages under Lord Cairns’s Act are awarded in lieu of an injunction it is not necessary that an injunction should actually have been claimed in the proceedings, or that there should have been any prospect, on the facts, of it being granted.’
Lord Walker added: ‘ Several of the recent cases have explored the nature of the hypothetical negotiation called for in the assessment of Wrotham Park damages. It is a negotiation between a willing buyer (the contract-breaker) and a willing seller (the party claiming damages) in which the subject-matter of the negotiation is the release of the relevant contractual obligation. Both parties are to be assumed to act reasonably. The fact that one or both parties would in practice have refused to make a deal is therefore to be ignored.’

Judges:

Lord Phillips, Lord Rodger, Lord Walker, Lord Mance, Lord Clarke

Citations:

[2009] UKPC 45, [2010] Bus LR 73, [2011] 1 WLR 2370, [2011] Bus LR D1

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Star Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Cited – Star Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Cited – 32Red Plc v WHG (International) Ltd and Others ChD 12-Apr-2013
The court had found trade mark infringement by the defendant and now considered the quantification of damages. . .
Cited – 32Red Plc v WHG (International) Ltd and Others ChD 12-Apr-2013
The court had found trade mark infringement by the defendant and now considered the quantification of damages. . .
Cited – Morris-Garner and Another v One Step (Support) Ltd SC 18-Apr-2018
The Court was asked in what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have received in return for releasing the defendant from the obligation which he failed to . .
Lists of cited by and citing cases may be incomplete.

Damages, Torts – Other

Updated: 19 October 2022; Ref: scu.381559

Lyons v Chief Constable of West Yorkshire: CA 24 Apr 1997

The Chief Constable appealed against an award of damages for wrongful arrest and false imprisonment. A witness to a robbery had identified the complainant as responsible, but the claimant’s mother had told the officers that her son would have an alibi. After arrest the alibi was confirmed. The claimant was released, but then made his claim, saying that the officers had no reasonable ground for their suspicion.

Judges:

Evans, Hobhouse, Hutchison LJJ

Citations:

[1997] EWCA Civ 1520

Jurisdiction:

England and Wales

Police, Torts – Other

Updated: 19 October 2022; Ref: scu.141916

Shaker v Al-Bedrawi and others: CA 18 Oct 2002

Citations:

[2002] EWCA Civ 1452, [2003] Ch 350

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Ghassan Shaker and Others v Mohammed Al-Bedrawi and Others ChD 26-Jul-2001
. .
See Also – Shaker v Al-Bedrawi and others CA 2-Dec-2002
. .

Cited by:

See Also – Shaker v Al-Bedrawi and others CA 2-Dec-2002
. .
Cited – John Louis Carter Fourie v Allan Le Roux and others CA 7-Mar-2005
The defendant’s company in South Africa had become insolvent and the claimant had recovered judgment for arrears of rent. They obtained a freezing order against the defendant. The defendant appealed saying the court did not have jurisdiction, and . .
Lists of cited by and citing cases may be incomplete.

Company, Torts – Other

Updated: 15 October 2022; Ref: scu.178095

Jollah, Regina (on The Application of) v The Secretary of State for The Home Department: CA 12 Jun 2018

Judges:

Davis, Hickinbottom LJJ, Sir Stephen Richards

Citations:

[2018] EWCA Civ 1260, [2019] 1 WLR 394, [2018] WLR(D) 353

Links:

Bailii

Statutes:

Immigration Act 1971

Jurisdiction:

England and Wales

Citing:

Admin (1) – Jollah, Regina (on The Application of) v Secretary of State for The Home Department Admn 24-Feb-2017
Judicial review of refusal to lift curfew conditions . .
Appeal from – Jollah, Regina (on The Application of) v Secretary of State for The Home Department (No 2) Admn 9-Nov-2017
Claim for damages for false imprisonment arising out of the imposition of what has been referred to as a curfew, namely a requirement that the claimant be present for a certain number of hours each day at specified premises after release from . .

Cited by:

Appeal from – Jalloh, Regina (on the application of) v Secretary of State for the Home Department SC 12-Feb-2020
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971.
Held: The Court of . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Torts – Other

Updated: 15 October 2022; Ref: scu.618378

Jollah, Regina (on The Application of) v Secretary of State for The Home Department (No 2): Admn 9 Nov 2017

Claim for damages for false imprisonment arising out of the imposition of what has been referred to as a curfew, namely a requirement that the claimant be present for a certain number of hours each day at specified premises after release from immigration detention centre.

Judges:

Lewis J

Citations:

[2017] EWHC 2821 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Jollah, Regina (on The Application of) v Secretary of State for The Home Department Admn 24-Feb-2017
Judicial review of refusal to lift curfew conditions . .

Cited by:

Appeal from – Jollah, Regina (on The Application of) v The Secretary of State for The Home Department CA 12-Jun-2018
. .
At Admin (2) – Jalloh, Regina (on the application of) v Secretary of State for the Home Department SC 12-Feb-2020
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971.
Held: The Court of . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Immigration

Updated: 15 October 2022; Ref: scu.599409

Casio Computer Company Ltd v Sayo and others: CA 13 Dec 2001

Applications for leave to appeal.

Judges:

Potter LJ, Rix LJ

Citations:

[2001] EWCA Civ 2085

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Casio Computer Co Ltd v Sayo and others CA 11-Apr-2001
The court was asked whether a constructive trust claim based on dishonest assistance is a matter ‘relating to tort, delict or quasi delict’ for the purpose of Article 5(3) of the Brussels Convention?
Held: A constructive trust claim based upon . .
See Also – Casio Computer Co Ltd v Sayo and Others CA 8-Feb-2001
In a case alleging knowing assistance in the fraudulent transfer of funds through the banking system, acts forming part of the events had occurred within the jurisdiction. It was proper to join a defendant to the action here, even though he was . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 13 October 2022; Ref: scu.218601

McHarg v Chief Constable of Thames Valley Police: ChD 9 Jan 2004

The claimant police officer sought damages for malicious prosecution. The defendant applied for the claim to be struck out.
Held: There was insufficient evidence to establish malice. The claim was struck out.

Judges:

Tugendhat J

Citations:

[2004] EWCh 5 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Matin v Commissioner of Police of the Metropolis CA 20-Jun-2002
The claimant sought to have restored his claim for malicious prosecution.
Held: ‘The fact that there might be an arguable case that the prosecutor was activated by malice, that is to say, to prosecute for an improper motive, does not of itself . .
Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Herniman v Smith HL 1938
The court considered the tort of malicious prosecution.
Held: It is the duty of a prosecutor to find out not whether there is a possible defence, but whether there is a reasonable and probable cause for prosecution. The House approved the . .
Cited – Hicks v Faulkner 1878
Before charging a prisoner, a police officer must have ‘an honest belief in the guilt of the accused based upon a full conviction, founded upon reasonable grounds, of the existence of a state of circumstances, which, assuming them to be true, would . .
Cited – Telnikoff v Matusevitch CA 1991
The court considered the element of malice in a defamation defence: ‘If a piece of evidence is equally consistent with malice and the absence of malice, it cannot as a matter of law provide evidence on which the jury could find malice. The judge . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 13 October 2022; Ref: scu.191232

Fiona Trust and Holding Corporation and 75 Others v Yuri Privalov and 28 Others: ComC 24 Mar 2011

Supplemental judgment.

Judges:

Andrew Smith J

Citations:

[2011] EWHC 715 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Fiona Trust and Holding Corporation and 75 Others v Yuri Privalov and 28 Others ComC 24-Mar-2011
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 12 October 2022; Ref: scu.430845

Tibbs v London Borough of Islington: CA 8 Mar 2002

Application for leave to appeal against refusal to allow amendment to pleadings. She sought damages. The council had pursued her to bankruptcy for substantial sums of alleged arrears of Council Tax, but those claims were rejected by the trustee. Both the bankruptcy and the extension of it were caused by the council’s wrongful claims.
Held: New evidence substantially changed the prospects of success, and the appeal should proceed.

Judges:

Tuckey LJ

Citations:

[2002] EWCA Civ 362

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Local Government, Torts – Other

Updated: 12 October 2022; Ref: scu.216992

Aspen Underwriting Ltd and Others v Credit Europe Bank Nv: ComC 1 Dec 2017

Judges:

Mr Justice Teare

Citations:

[2017] EWHC 3107 (Comm)

Links:

Bailii

Statutes:

Misrepresentation Act 1967 2(1)

Jurisdiction:

England and Wales

Citing:

See Also – Aspen Underwriting Ltd and Others v Kairos Shipping Ltd and Others ComC 27-Jul-2017
. .

Cited by:

Appeal from – Aspen Underwriting Ltd and Others v Credit Europe Bank Nv CA 21-Nov-2018
. .
At first Instance – Aspen Underwriting Ltd and Others v Credit Europe Bank Nv SC 1-Apr-2020
The insurers had settled a claim after the insured vessel was lost. It then concluded that the ship owners were responsible and sought recovery of the sums paid. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 11 October 2022; Ref: scu.601468

Livingstone v Rawyards Coal Co: HL 13 Feb 1880

Damages or removal of coal under land

User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the houses on the surface. If damages are to be awarded at all, the aim must be to put an injured party: ‘in the same position as he would have been in if he had not suffered the wrong for which he is now getting his compensation or reparation’
Lord Blackburne said: ‘I do not think there is any difference of opinion as to its being a general rule that, where any injury is to be compensated by damages, in settling the sum of money to be given for reparation of damages you should as nearly as possible get that sum of money which will put the party who has been injured, or who has suffered, in the same position as he would have been in if he had not sustained the wrong for which he is now getting his compensation or reparation. That must be qualified by a great many things which may arise – such, for instance, as by the consideration whether the damage has been maliciously done, or whether it has been done with full knowledge that the person doing it was doing wrong. There could be no doubt that there you would say that everything would be taken into view that would go most against the wilful wrongdoer–many things which you would properly allow in favour of an innocent mistaken trespasser would be disallowed as against a wilful and intentional trespasser on the ground that he must not qualify his own wrong, and various things of that sort.’

Judges:

Lord Blackburne

Citations:

(1880) 5 App Cas 25, [1880] UKHL 3, [1880] UKHL 387, 17 SLR 387, 5 App Cas 253

Links:

Bailii, Bailii

Jurisdiction:

Scotland

Citing:

Appeal from – Livingstone v The Rawyards Coal Co SCS 20-May-1879
. .

Cited by:

Cited – Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar CA 27-Mar-1996
A solicitor failed in 1983 to advise a purchaser of the fact that premium she was paying on purchasing a leasehold flat was unlawful under the Act, and would be unrecoverable on the sale. Before trial however, in 1989 the law changed and the premium . .
Cited – Farley v Skinner HL 11-Oct-2001
The claimant sought damages from the defendant surveyor. He had asked the defendant whether the house he was to buy was subject to aircraft noise. After re-assurance, he bought the house. The surveyor was wrong and negligent. A survey would not . .
Cited – Longden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
Cited – McKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd) ChD 14-Jan-2003
The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing . .
Cited – Rees v Darlington Memorial Hospital NHS Trust HL 16-Oct-2003
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages.
Held: The House having considered the issue in MacFarlane only . .
Cited – 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 . .
Cited – Alfred Mcalpine Construction Limited v Panatown Limited HL 17-Feb-2000
A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue . .
Cited – Cantwell v Criminal Injuries Compensation Board HL 5-Jul-2001
When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, . .
Cited – Collins Stewart Ltd and Another v The Financial Times Ltd QBD 20-Oct-2004
The claimants sought damages for defamation. The claimed that the article had caused very substantial losses (andpound;230 million) to them by affecting their market capitalisation value. The defendant sought to strike out that part of the claim. . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Cited – Gilbert and Another (T/A Woods Farm Christmas Trees) v British Waterways Board TCC 15-Dec-2005
The respondent was responsible for a canal which overflowed onto the claimant’s land causing damage to the claimant’s business providing christmas trees. The defendant criticised the lack of accounting records.
Held: The claimants operated . .
Cited – Catlin Estates Ltd and Another v Carter Jonas (A Firm) TCC 31-Oct-2005
The defendants had been employed to manage a building project which it was said went wrong. The court had to consider several different factual claims. . .
Cited – Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others CA 14-Oct-2008
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty.
Cited – Chagger v Abbey National Plc and Another CA 13-Nov-2009
The claimant appealed against the limitation of 2% placed on the uplift of his award of damages for having failed to comply with relevant dispute procedures. The tribunal had found exceptional reasons for reducing the uplift given the size of the . .
Cited – County Personnel (Employment Agency) Ltd v Alan R Pulver and Co (a Firm) CA 1987
The claimant sought damages after his negligent solicitors had saddled him with a ruinous underlease. They had had to buy themselves out of the lease. The court considered the date at which damages were to be calculated.
Held: The starting . .
Cited – A v B Hospitals NHS Trust Admn 10-Nov-2006
The claimant baby had suffered catastrophic injuries at birth in the defendant’s hospital. Liability having been admitted, the court now considered whether damages should be paid as a lump sum or by periodical payments.
Held: ‘ the form of . .
Cited – AIB Group (UK) Plc v Mark Redler and Co Solicitors SC 5-Nov-2014
Bank not to recover more than its losses
The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to . .
Cited – Bacciottini and Another v Gotelee and Goldsmith (A Firm) CA 18-Mar-2016
A property subject to a planning condition was purchased by the appellant under the advice of the respondent, who failed to notify him of the existence of a planning condition. The judge had awarded the claimant pounds 250 being the cost of the . .
Cited – Downs and Another v Chappell and Another CA 3-Apr-1996
The plaintiffs had suceeded in variously establishing claims in deceit and negligence, but now appealed against the finding that no damages had flowed from the wrongs. They had been sold a business on the basis of incorrect figures.
Held: . .
Cited – Heil v Rankin CA 13-Jun-2000
Where supervening events might contribute to the personal injury suffered, the proper approach in apportioning compensation in respect of one occasion was in general terms to provide just and sufficient compensation for the injury caused without . .
Cited – Pickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
Cited – Morris-Garner and Another v One Step (Support) Ltd SC 18-Apr-2018
The Court was asked in what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have received in return for releasing the defendant from the obligation which he failed to . .
Cited – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.

Damages, Torts – Other

Leading Case

Updated: 11 October 2022; Ref: scu.180640

Lisle-Mainwaring v Associated Newspapers Ltd: CA 27 Jun 2018

Whether valid grant of leave to appeal on retirement of judge.

Citations:

[2018] EWCA Civ 1470, [2018] WLR(D) 396, [2018] 1 WLR 4766

Links:

Bailii, WLRD

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Cited by:

Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 22-Mar-2021
The defendant had been found to be in breach of copyright, and of misuse of private information. The court now considered the form of orders required to complete the judgment.
Held: The statement to be published by the defendant was not to be . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 07 October 2022; Ref: scu.618927

HA (Nigeria)), Regina (on The Application of) v Secretary of State for The Home Department: Admn 17 Apr 2012

The Claimant sought judicial review of the lawfulness of (i) decisions to continue to authorise his administrative detention under section 36(1)(a) of the 2007 Act; and (ii) the conditions of that detention.

Judges:

Singh J

Citations:

[2012] EWHC 979 (Admin)

Links:

Bailii

Statutes:

UK Borders Act 2007 36(1)(a)

Jurisdiction:

England and Wales

Immigration, Torts – Other

Updated: 07 October 2022; Ref: scu.452831

Jeeg Global Ltd v Hare: QBD 29 Mar 2012

The claimant had obtained an order restricting the defendant from asserting any kind of insolvency in the claimant. The defendant now sought the strike out of the claim as an abuse of process. He said that any such disclosure had been on one occasion to one person and that the proceedings were disproportionate. It was not disputed that the claimant was not insolvent.
Held: The claim was not to be struck out: ‘Once a court is satisfied that words complained of are false in such circumstances, there is little risk of an interference with the Art 10 rights of a defendant if the defendant is prohibited from speaking them. The fact that it is common ground that the words complained of are false means that the trial court will not be concerned that a final injunction (if it comes to consider one) might be an interference with the right of freedom of expression. ‘

Judges:

Tugendhat J

Citations:

[2012] EWHC 773 (QB)

Links:

Bailii

Citing:

Cited – Proctor v Bayley CA 1889
A final injunction was refused in a patent case because, although the defendant had been found to infringe, the court did not accept there was any basis to infer that there would be a continuance of the wrongful activity to justify a quia timet . .
Cited – Citation Plc v Ellis Whittam Ltd QBD 14-Mar-2012
The company parties were competitors. The claimant alleged slander and malicious falsehood. Tugendhat J considered and reviewed the law applicable to an application for an interim restraining injunction, and a final order granted at trial. . .
Cited – Khader v Aziz and Others CA 23-Jun-2010
The claimant brought defamation proceedings after she had found and returned a valuable necklace belonging to the first respondent. The claim had been dismissed as an abuse of process.
Held: The claimant’s appeal failed: ‘there is such a . .
Cited – Lait v Evening Standard Ltd CA 28-Jul-2011
The claimant alleged defamation by the defendant in an article regarding her expenses claims as an MP. She appealed against summary judgment in favour of the defence in their pleaded defence of honest comment.
Held: Laws LJ said: ‘The . .
Cited – Dow Jones and Co Inc v Jameel CA 3-Feb-2005
Presumption of Damage in Defamation is rebuttable
The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US . .
Cited – National Commercial Bank Jamaica Ltd v Olint Corp Ltd (Jamaica) PC 28-Apr-2009
Jamaica – The customer appealed against refusal of an order requiring its bank not to close the customer accounts after the customer had been accused of fraud. There was no evidence that the account was being used unlawfully.
Held: In the . .
Cited – O’Farrell v O’Farrell QBD 1-Feb-2012
Applications were made for the enforcement of order obtained in Germany in family proceedings between the parties.
Held: The court re-emphasised the duty on those seeking ex parte orders to give notice, informal if necessary, to the other . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Torts – Other

Updated: 07 October 2022; Ref: scu.452710

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 conspiracy. Sellers LJ considered whether a complaint was privileged: ‘Whatever form of action is sought to be derived from what was said or done in the course of judicial proceedings must suffer the same fate of being barred by the rule which protects witnesses in their evidence given before the court and in the preparation of the evidence which is to be so given.’
Sellers LJ said: ‘It has been sought in this case to draw a difference between the action of libel and slander, the action of defamation, and that which is set up in this case, one of conspiracy. I can see no difference in the principles of the matter at all. Whatever form of action is sought to be derived from what was said or done in the course of judicial proceedings must suffer the same fate of being barred by the rule which protects witnesses in their evidence before the court and in the preparation of the evidence which is to be so given.’

Judges:

Sellers LJ

Citations:

[1963] 1 QB 528

Jurisdiction:

England and Wales

Citing:

Appeal from – Marrinan v Vibert QBD 1963
The plaintiff brought an action claiming damages for conspiracy against two police officers alleging they had conspired together to make false statements defamatory of him as a barrister.
Held: The claim was struck out. Even a conspiracy to . .
Approved – Cabassi v Vila 12-Dec-1940
High Court of Australia – The claim sought to sidestep the rule giving immuity to witnesses before a court by alleging a conspiracy to give false evidence.
Held: Starke J said: ‘But it does not matter whether the action is framed as an action . .

Cited by:

Cited – Westcott v Westcott CA 15-Jul-2008
The defendant was the claimant’s daughter in law. In the course of a bitter divorce she made allegations to the police which were investigated but did not lead to a prosecution. The claimant appealed dismissal of his claim for defamation on the . .
Cited – 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 . .
Cited – Singh v Moorlands Primary School and Another CA 25-Jul-2013
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Defamation

Updated: 07 October 2022; Ref: scu.270827

Diamond v Bank of London and Montreal Ltd: CA 1979

Fraudulent and negligent misrepresentations were made by telephone and telex in Nassau to Mr Diamond in London. Donaldson J had held that the tort of fraudulent misrepresentation was committed in Nassau when the telexes were sent and from where the representor spoke on the telephone. The plaintiff appealed.
Held: The appeal succeeded. The tort of deceit, when conducted over a telephone, takes place ‘where the message is received – wherever it is heard on the telephone’.
Lord Denning MR said: ‘In the case of fraudulent misrepresentation it seems to me that the tort is committed at the place where the representation is received and acted upon; and not the place from where it was sent. Logically, it seems to me, the same applies to a negligent misrepresentation by telephone or by telex. It is committed where it is received and acted upon.’
Stephenson LJ said: ‘But it is settled law that A’s misrepresentation, however fraudulent and morally wrong, does not become tortious until B not merely receives it but acts upon it . . The damage may be suffered when and where B acts or begins to act upon the representation, but it may be suffered at a later time or at a different place. Although A’s part of the tort is committed when and where he speaks or telexes or writes the misrepresentation, B’s part is needed to complete the tort by acting upon the representation, and the tort is committed, in my judgment, when and where he does so act. ‘

Judges:

Lord Denning MR, Stephenson LJ, Shaw LJ

Citations:

[1979] 1 All ER 561, [1979] 1 QB 333

Jurisdiction:

England and Wales

Citing:

Cited – Briess v Woolley HL 1954
A fraudulent misrepresentation made in the course of pre-contractual discussions by a shareholder in a company. He was subsequently authorised by the other shareholders to continue the negotiations as their agent, and in due course a contract was . .

Cited by:

Cited – VTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 07 October 2022; Ref: scu.471976

Curtis v Chemical Cleaning and Dyeing Co: CA 1951

The defendant sought to rely on an exemption clause in its garment cleaning contract. The defendant’ shop assistant had said that it extended only to damage to beads and sequins, whereas by its terms it covered all liability for damage to articles cleaned.
Held: A statement about the contents or effect of a written document is capable of amounting to a representation. The defendant was prevented from relying on a general exemption clause on the back of the cleaning ticket. Denning LJ said:’When one party puts forward a printed form for signature, failure by him to draw attention to the existence or extent of the exemption clause may in some circumstances convey the impression that there is no exemption at all, or at any rate not so wide an exemption as that which is in fact contained in the document.’

Judges:

Denning LJ

Citations:

[1951] 1 KB 805

Jurisdiction:

England and Wales

Cited by:

Cited – Abbar and Another v Saudi Economic and Development Company (Sedco) Real Estate Ltd and Others ChD 5-Aug-2010
The defendant sought a strike out of the claim in fraud, saying it was an abuse of process, saying that the facts as pleaded were consistent with honest dealing. The claimants said they had been induced to purchase shares.
Held: The request . .
Cited – AJ Building and Plastering Ltd v Turner and Others QBD 11-Mar-2013
An insurance company had engaged a main contractor to handle repairs to houses insured under its policies. The contractor had engaged the claimant subcontractor to carry out the works at the defendants’ homes, but then went into insolvent . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 07 October 2022; Ref: scu.421581

Datec Electronic Holdings Ltd and Another v United Parcels Service Ltd and Another: ComC 22 Feb 2005

The claimant sought damages for the loss of goods in transit under the care of the defendant. Andrew Smith J held as regards the burden of proof in an allegation of wilful misconduct: ‘I should add that I was properly reminded by counsel that the principle set out in such cases and as in Re H and others (Minors) Sexual Abuse: Standard of Proof [1996] AC 563 where Lord Nichols observed that ‘built into the preponderance of probability standard is a generous degree of flexibility in respect of the seriousness of the allegation’ (at p 596f), however Lord Nichols explained that this simply means that the inherent probability or improbability is itself to be taken into account when weighing the probabilities in deciding whether, on balance, the event occurred. Although in this case the allegation is one of theft from an employer I do not regard this possibility as so improbable that there is a particularly heavy burden upon the claimants to prove their case. I have simply concluded that there is not proper evidence to support the claimants’ allegation.’

Judges:

Andrew Smith J

Citations:

[2005] 1 LR 470, [2005] EWHC 221 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – TNT Global Spa and Another v Denfleet International Ltd and Another CA 2-May-2007
The driver of a lorry carrying the claimant’s goods was said to have fallen asleep at the wheel, and the cargo damaged in the accident. The carrier appealed a finding of liability for wilful misconduct.
Held: ‘I am unable to accept that mere . .
Appeal from – Datec Electronic Holdings Ltd and Another v United Parcels Service Ltd CA 29-Nov-2005
The parties put forward alternative explanations for the loss of a mail packet. Richards LJ said: ‘Nor do I see any inconsistency between my approach and the observations of Lord Brandon in The Popi M. The conclusion that employee theft was the . .
At First Instance – Datec Electronics Holdings Ltd and others v United Parcels Services Ltd HL 16-May-2007
The defendants had taken on the delivery of a quantity of the claimant’s computers. The equipment reached one depot, but then was lost or stolen. The parties disputed whether the Convention rules applied. UPS said that the claimant had agreed that . .
Cited – Ide v ATB Sales Ltd and Another CA 28-Apr-2008
Each appellant challenged how the judge had decided between alternative proofs of causation of the respective loss. In Ide, the claimant asserted a fault in a cycle handlebar, and in Lexus, the claimant asserted that it caught fire whilst . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 06 October 2022; Ref: scu.223339

Salimi, Regina (on The Application of) v Secretary of State for The Home Department and Another: CA 4 Apr 2012

The claimant wished to assert that, during his removal from the UK to Iraq, he had been assaulted by the British escorts.

Judges:

Longmore, Kitchin LJJ, Sir Mark Waller

Citations:

[2012] EWCA Civ 422

Links:

Bailii

Statutes:

Immigration and Asylum Act 1999 14

Jurisdiction:

England and Wales

Police, Torts – Other

Updated: 06 October 2022; Ref: scu.452474

Bizimana, Regina (on The Application of) v Secretary of State for The Home Department: CA 2 Apr 2012

Appeal by a foreign national, who contends that his detention pending possible deportation was, or at least became, unlawful.

Judges:

Pill, Jackson, Sullivan LJJ

Citations:

[2012] EWCA Civ 414

Links:

Bailii

Statutes:

Immigration Act 1971 3(5)

Jurisdiction:

England and Wales

Torts – Other, Immigration

Updated: 06 October 2022; Ref: scu.452409

AM v News Group Newspapers Ltd and Others: QBD 23 Feb 2012

The claimant had obtained an interim order restraining many media organisations from publishing any story which might concern his life. Representatives of the Sun having been said to have acted in breach of the order, the proceedings were amended to name its owner as the first defendant.

Judges:

Tugendhat J

Citations:

[2012] EWHC 308 (QB)

Links:

Bailii

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Torts – Other, Media, Litigation Practice

Updated: 05 October 2022; Ref: scu.451740

Tesla Motors Ltd and Another v British Broadcasting Corporation: QBD 23 Feb 2012

The claimant, manufacturer of electric cars, complained of a review of its car on ‘Top Gear’. It’s pleaded meanings had been rejected, and it now sought leave to amend its pleading to add new alleged defamatory meanings.

Judges:

Tugendhat J

Citations:

[2012] EWHC 310 (QB)

Links:

Bailii

Citing:

See also – Tesla Motors Ltd and Another v British Broadcasting Corporation QBD 28-Oct-2011
The claimant company manufactured electric cars. They claimed that a review of a car on the defendant’s programme ‘Top Gear’ included malicious falsehoods and was defamatory.
Held: The defamatory meanings claimed could not properly be . .
Cited – Skuse v Granada Television CA 30-Mar-1993
The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six.
Held: The court should give to the . .

Cited by:

Appeal from – Tesla Motors Ltd and Another v British Broadcasting Corporation CA 5-Mar-2013
The claimant said that the defendant, in its Top Gear programme in a review of its car, caused it damage through malicious falsehood and defamation. They appealed against a finding that the words used were incapable of bearing the defamatory . .
Lists of cited by and citing cases may be incomplete.

Defamation, Torts – Other

Updated: 05 October 2022; Ref: scu.451478

Cherrilow Ltd v Butler-Creagh: CA 9 Dec 2011

The claimants challenged an order granting the defendants leave to appeal against judgment, saying that the application had been made without the required disclosure and with material inaccuracies.
Held: The court should not take the exceptional step of setting aside leave once given,

Judges:

Richards LJ

Citations:

[2011] EWCA Civ 1679

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Jolly v Jay and Another CA 7-Mar-2002
The applicant sought to appeal a refusal to grant him permission to renew an oral application for leave to appeal. The respondent had appeared at the initial unsuccessful application, and had been awarded costs although there appeared to be no . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 05 October 2022; Ref: scu.451336

Sang Stone Hamoon Jonoub Co Ltd v Baoyue Shipping Co Ltd ‘Bao Yue’: ComC 31 Jul 2015

Claim for the conversion of a cargo of iron ore carried from Bandar Abbas in Iran to Tianjin in China on board the defendant’s vessel ‘Bao Yue’ in February and March 2012 and a counterclaim for storage charges incurred on the cargo.

Judges:

Males J

Citations:

[2015] EWHC 2288 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Transport, Contract, Torts – Other

Updated: 04 October 2022; Ref: scu.552794

BDA v Quirino: QBD 23 Oct 2015

A claim was brought by BDA to recover damages for the consequences of systematic sexual abuse to which she was subjected by the Defendant, her then karate instructor, during her teenage years.

Judges:

Graham Wood QC HHJ

Citations:

[2015] EWHC 2974 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Damages

Updated: 04 October 2022; Ref: scu.554252

Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009

The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say that the course of conduct that they allege amounts to breaches of duty by the individual defendants.
Held: Section 263 (2) (a) will apply only where the court is satisfied that no director acting in accordance with section 172 would seek to continue the claim. If some directors would, and others would not, seek to continue the claim the case is one for the application of section 263 (3) (b).
Where the claimant brings a derivative claim for the benefit of the company, he will not be disqualified from doing so if there are other benefits which he will derive from the claim. However, in relation to the rescission claim a person may be prevented from bringing a derivative claim if he participated in the wrong of which he complains.

Judges:

Lewison J

Citations:

[2009] EWHC 2526 (Ch), [2011] 1 BCLC 498, [2010] BCC 420

Links:

Bailii

Statutes:

Companies Act 2006 261

Jurisdiction:

England and Wales

Citing:

Cited – Foss v Harbottle 25-Mar-1843
Company alone may sue for legal wrong against it.
A bill was lodged by two of the proprietors of shares in a company incorporated by Act of Parliament, on their own and the other shareholders’ behalf. They claimed against three bankrupt directors, a proprietor, solicitor and architect charging them . .
Cited – Wallersteiner v Moir (No 2) CA 1975
The court was asked whether Moir would be entitled to legal aid to bring a derivative action on behalf of a company against its majority shareholder.
Held: A minority shareholder bringing a derivative action on behalf of a company could obtain . .
Cited – Prudential Assurance Co Ltd v Newman Industries Ltd (No 2) CA 1982
A plaintiff shareholder cannot recover damages merely because the company in which he has an interest has suffered damage. He cannot recover a sum equal to the diminution in the market value of his shares, or equal to the likely diminution in . .
Cited – In Re Little Olympian Eachways Ltd ChD 29-Jul-1994
A Jersey company (Supreme) had brought a petition under the section against the company. An application was made for security for costs against Supreme. It could only be made if Supreme was resident outside the UK. Supreme argued that, despite being . .
Cited – Lowe v Fahey 1996
Where there has been material misconduct, even in the shape of a single act, the primary remedy is under section 459, not by a shareholder’s derivative action. . .
Cited – Airey v Cordell and Others ChD 24-Aug-2006
Application by the claimant for permission to amend his Particulars of Claim to plead a new claim.
Held: Warren J pointed out that there are many cases in which some directors, acting in accordance with section 172, would think it worthwhile . .
Cited – Fanmailuk.Com Ltd and Another v Cooper and others ChD 11-Jun-2008
Claim for a declaration that the entire share capital was held on trust for the claimant.
Held: Engelhart QC said: ‘on an application under section 261 it would be ‘quite wrong . . to embark on anything like a mini-trial of the action’ . .
Cited – Franbar Holdings Ltd v Patel and others ChD 2-Jul-2008
Action alleging breach of shareholders’ agreement.
Held: Directors may have genuine and proper differences of opinion as to the correctness of making a section 172 claim. . .
Cited – Nurcombe v Nurcombe CA 1985
The court discussed a minority shareholder’s action to enforce the company’s claim as a derivative claim. Browne-Wilkinson LJ said that such an action, where a courts in equity permitted a person interested to bring an action to enforce the . .
Cited – Barrett v Duckett CA 15-Aug-1994
A shareholder is to show the court justification for derivative action in company name.
Peter Gibson LJ said: ‘The shareholder will be allowed to sue on behalf of the company if he is bringing the action bona fide for the benefit of the . .
Cited – Godden v Merthyr Tydfil Housing Association CA 15-Jan-1997
The Plaintiff was a building contractor; the Defendant a housing association engaged in developing suitable sites for residential accommodation for letting to tenants. Before the contract the parties had successfully completed what was been called . .
Cited – Shah v Shah CA 10-Apr-2001
The court was asked as to the enforceability of a document under the terms of which the defendants were to make a payment of pounds 1.5 million to the claimant. The document was described as a deed and provided for each defendant to sign in the . .
Cited – Konamaneni v Rolls Royce Industrial Power (India) Limited ChD 20-Dec-2001
The claimants founded their action on the assertion that the defendants had been corrupt in obtaining contracts in India. The defendants argued that the English courts had no jurisdiction. The claimants held various small shareholdings in a company . .
Cited – Central Estates (Belgravia) Ltd v Woolgar CA 1972
A lessee made a claim to acquire the freehold of his house under the 1967 Act. The making of such a claim prevented the landlord from forfeiting the lease unless lessee had not made his claim in good faith.
Lord Denning MR said: ‘To my mind, . .
Cited – Goldsmith v Sperrings Ltd CA 1977
Claims for Collateral Purpose treated as abuse
The plaintiff commenced proceedings for damages for libel and an injunction against the publishers, the editors and the main distributors of Private Eye. In addition, he issued writs against a large number of other wholesale and retail distributors . .
Cited – Smith v Croft (No 3) ChD 1987
Knox J said: ‘Ultimately the question which has to be answered in order to determine whether the rule in Foss v. Harbottle applies to prevent a minority shareholder seeking relief as plaintiff for the benefit of the company is, ‘Is the plaintiff . .
Cited – Jaybird Group Ltd v Greenwood 1986
An indemnity as to costs in a derivative claim is not limited to impecunious claimants. The justification for the indemnity is that the claimant brings his claim for the benefit of the company. Once the court has reached the conclusion that the . .
Cited – Smith v Croft ChD 1986
Walton J was concerned with two appeals from the Master. The first appeal was from an order made ex parte ordering the company to indemnify the claimant against costs. The appeal against that order was allowed, and Walton J decided that there was so . .

Cited by:

Cited – Dawson-Damer and Others v Taylor Wessing Llp and Others ChD 6-Aug-2015
The clamants sought orders under the 1998 Act for disclosure of documents about them by the defendant solicitors and others. The defendants said that the request would require the consideration of a very large number of documents, considering in . .
Lists of cited by and citing cases may be incomplete.

Estoppel, Company, Torts – Other

Updated: 04 October 2022; Ref: scu.377212

AIB Group (UK) Plc v Mark Redler and Co (A Firm): ChD 23 Jan 2012

The claimant bank sought damages from the defendant solicitors, saying that they had paid on mortgage advance moneys but failed to deliver as promised and required, a first mortgage over the property purchased. The solicitors had failed to discharge an existing first charge (to Barclays). The parties now disputed whether the sum due to the bank was the entire sum loaned, or only the net sum lost after the sale.
Held: The solicitors had acted in good faith, but in breach of trust.
Prima facie the bank was entitled to reconstitution of the trust fund by repayment of the amount wrongly paid away. As to the bank’s alternative claim for equitable compensation or damages, he said that where the breach consisted of failure to discharge a prior mortgage, with the result that the bank’s interest had been postponed to the Barclays charge, the bank was entitled to equitable compensation for the additional amounts due to Barclays for which Barclays had security in priority to the bank. The solicitors were therefore liable to the bank for the additional amount ultimately obtained by Barclays by reason of its prior security.
The court analysed the breach of trust: ‘ In the present case, . . . what the defendant’s instructions authorised them to do with the funds paid to them was to pay to Barclays (or to its account) such sum as was required to procure a release of its charge, and pay the balance to the borrowers or to their order. Had they complied with their instructions they would have paid (taking all the figures in round terms) andpound;1.5m to Barclays and andpound;1.8m to the borrowers. In the event they paid andpound;1.2m to Barclays and andpound;2.1m to the borrowers. In my judgment, in so doing they committed a breach of trust in so far as payment was made contrary to the authority they had been given.
It does not however in my judgment necessarily follow that the whole of the payment of andpound;3.3m was made in breach of trust. The difference between what the defendant did and what it ought to have done if it had complied with its instructions was the andpound;300,000 that should have been paid to Barclays but was instead paid to the borrowers. That in my judgment was the extent of the breach of trust committed. It was not a breach of trust to pay andpound;1.2m to Barclays; that payment was made as partial performance of the authority and obligation to discharge Barclays’ secured debt. It was not a breach of trust to pay andpound;1.8m to the borrowers, as that was the sum to which they were entitled. The breach consisted of the failure to retain an additional andpound;300,000 and apply that to the discharge of the Barclays debt.’

Judges:

David Cooke HHJ

Citations:

[2012] EWHC 35 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Cook v The Mortgage Business Plc CA 24-Jan-2012
The land owners sought relief from possession orders made under mortgages given in equity release schemes: ‘If the purchaser raises all or part of the purchase price on mortgage, and then defaults, the issue arises whether the mortgagee’s right to . .
Appeal from – AIB Group (UK) Plc v Mark Redler and Co Solicitors CA 8-Feb-2013
The defendant firm of solicitors had acted for the claimants under instructions to secure a first charge over the secured property. They failed to secure the discharge of the existing first charge, causing losses. AIB asserted breach of trust.
At ChD – AIB Group (UK) Plc v Mark Redler and Co Solicitors SC 5-Nov-2014
Bank not to recover more than its losses
The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Torts – Other, Equity, Damages

Updated: 04 October 2022; Ref: scu.450453

Customer Systems Plc v Ranson and Others: QBD 16 Dec 2011

Judges:

Sir Raymond Jack

Citations:

[2011] EWHC 3304 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At QBD – Customer Systems Plc v Ranson CA 29-Mar-2012
Leave to appeal granted. . .
Appeal from – Ranson v Customer Systems Plc CA 27-Jun-2012
Lewison LJ considered the contractual duty of fidelity within an employment contract:
‘It is not disputed that an employee has an obligation of fidelity towards his employer. If the obligation is not expressed, it will invariably be implied.
Lists of cited by and citing cases may be incomplete.

Employment, Contract, Torts – Other

Updated: 04 October 2022; Ref: scu.450159

EDO MBM v Axworthy: QBD 4 Nov 2005

The several defendants were said to have conducted against the claimants, protesting at their involvement in arms design and manufacture. The claimant sought orders under the 1997 Act to restrain them thus protecting its staff.
Held: The orders were made. The test of purpose under the 1997 Act was subjective.

Judges:

Walker J

Citations:

[2005] EWHC 2490

Links:

Bailii

Statutes:

Protection From Harassment Act 1997 1

Citing:

See Also – EDO Mbm Technology Ltd v Campaign To Smash EDO and Others QBD 29-Apr-2005
The claimant sought an interim injunction to restrain the defendants in anticipation of a final hearing of their request for a permanent injunction under the 1997 Act. . .

Cited by:

Not followed – Hayes v Willoughby CA 13-Dec-2011
Harassment Occurs on the Result, not the Intention
The claimant said that over several years, the respondent had pursued him in many ways challenging his management of a company’s affairs. Complaints had been investigated by the insolvency service and by the police who had discovered nothing to . .
Cited – Hayes v Willoughby SC 20-Mar-2013
The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 01 October 2022; Ref: scu.450032

Small, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Dec 2014

application for judicial review of a decision made by the Secretary of State to detain the claimant in immigration detention. The decision to detain the claimant was made against the background that just a week earlier, he had been released on bail from immigration detention subject to certain conditions. The first was a condition that he should report to the authorities on the day after the decision was made. The second condition was that he should reside and sleep overnight at a house that belonged to his aunt. His aunt stood as surety to his bail, and therefore had obligations to ensure that he adhered to those conditions.

Citations:

[2014] EWHC 4510 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Torts – Other

Updated: 01 October 2022; Ref: scu.542586