Category: Torts – Other

Raiffeisen Zentralbank Osterreich Ag v The Royal Bank of Scotland Plc: ComC 11 Jun 2010

The court was asked whether certain provisions fell within section 3 of the Misrepresentation Act.
Held: Christopher Clarke J referred to dicta of Gloster J and said: ‘In Springwell Gloster J took the view that terms which simply defined the basis upon which the parties were transacting business did not fall within section 2 of UCTA; otherwise, as she said, all contractual terms that did so would have to satisfy the test of reasonableness. It is obviously advantageous that commercial parties of equal bargaining power should be able to agree what responsibility they are taking (or not taking) towards each other without having to satisfy some reasonableness test. At the same time there is a danger that the ‘ingenuity of the draftsman’ will insert into a myriad of contracts a clause to the effect that the basis upon which the parties are contracting is that no representations have been made, are intended to be relied on or have been relied on, as a means of evading liability which is intended to be impregnable.
In this respect the key question, as it seems to me, is whether the clause attempts to rewrite history or parts company with reality. If sophisticated commercial parties agree, in terms of which they are both aware, to regulate their future relationship by prescribing the basis on which they will be dealing with each other and what representations they are or are not making, a suitably drafted clause may properly be regarded as establishing that no representations (or none other than honest belief) are being made or are intended to be relied on. Such parties are capable of distinguishing between statements which are to be treated as representations on which the recipient is entitled to rely, and statements which do not have that character, and should be allowed to agree among themselves into which category any given statement may fall.
Per contra, to tell the man in the street that the car you are selling him is perfect and then agree that the basis of your contract is that no representations have been made or relied on, may be nothing more than an attempt retrospectively to alter the character and effect of what has gone before, and in substance an attempt to exclude or restrict liability’.

Judges:

Christopher Clarke J

Citations:

[2010] EWHC 1392 (Comm), [2010] 1 Lloyds Rep 123

Links:

Bailii

Statutes:

Misrepresentation Act 1967 3, Unfair Contract Terms Act 1977

Citing:

Cited – JP Morgan Chase Bank and others v Springwell Navigation Corporation Comc 27-May-2008
The company alleged negligence by its financial advisers.
Held: Gloster J said that the absence of a written advisory agreement is a strong pointer against the existence of a free-standing duty of care to give investment advice.
Gloster . .

Cited by:

Cited – Springwell Navigation Corporation v JP Morgan Chase Bank and Others CA 1-Nov-2010
The court was asked as to whether representations has been made.
Held: Aikens LJ referred to a provision stating ‘no representation or warranty, express or implied, is or will be made . . in or in relation to such documents or information’, . .
Cited – Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd ChD 27-Jul-2012
The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation.
Held: Based on the connoisseurship evidence, the . .
Lists of cited by and citing cases may be incomplete.

Banking, Torts – Other

Updated: 19 August 2022; Ref: scu.416636

TTM v London Borough of Hackney and Others: Admn 11 Jun 2010

The claimant had said that his detention under the 1983 Act was unlawful, and that the court should issue a writ of habeas corpus for his release. Having been released he sought damages on the basis that his human rights had been infringed. The admission had been made despite the claimant’s brother having notified the defendant of his objections under 11(4), the hospital had made the order without reference to him.
Held: The claim failed.

Judges:

Collins J

Citations:

[2010] EWHC 1349 (Admin), [2010] Med LR 362, [2010] ACD 78

Links:

Bailii

Statutes:

Mental Health Act 1983 3 139, Human Rights Act 1998, European Convention on Human Rights 5 8

Jurisdiction:

England and Wales

Citing:

Cited – E, Regina (on the Application of) v Bristol City Council Admn 13-Jan-2005
The patient did not wish her nearest relative, namely her sister, to be involved with her case and there was evidence that she would be so distressed by the sister being consulted that it could harm her health. The sister likewise did not wish to . .
Cited – Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz HL 13-Oct-2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act.
Held: The House . .
Cited – 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 – 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 by:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Health

Updated: 19 August 2022; Ref: scu.416634

Whitehorn Brothers v Davison: CA 1911

It is for the defrauded owner seeking to recover his goods to prove that the purchaser had actual or constructive knowledge of the fraud. The passing of a good title to an innocent purchaser applied when the owner had been induced by false pretences to deliver goods to the buyer on sale or return: ‘It is, I think, obtaining goods by false pretences where the owner, being induced thereto by a trick, voluntarily parts with the possession, and either intends to pass the property, or intends to confer a power to pass the property. If he gives, and intends to give, that power, and the power is exercised, the person who takes under the execution of the power obtains the property, not against, but by the authority of, the original owner, and none the less because the authority was obtained by fraud.’

Judges:

Buckley LJ

Citations:

[1911] 1 KB 463

Jurisdiction:

England and Wales

Cited by:

Cited – Barclays Bank Plc v Boulter and Another HL 26-Oct-1999
The question of whether notice of certain facts amounted to constructive notice of other facts is a question of law. Where it was claimed that a party should be exempt from liability under a document which it was claimed was signed because of . .
Cited – Director of Public Prosecutions v Gomez HL 3-Dec-1992
The defendant worked as a shop assistant. He had persuaded the manager to accept in payment for goods, two cheques which he knew to be stolen. The CA had decided that since the ownership of the goods was transferred on the sale, no appropriation of . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 19 August 2022; Ref: scu.197750

Antonio Gramsci Shipping Corporation and Others v Recoletos Ltd and Others: ComC 24 May 2010

The claimants sought summary judgment in their claims alleging fraud by the several defendants.
Held: Gross J granted leave to the Corporate Defendants to defend only upon terms of (in effect) a payment into court of $40 million.

Judges:

Gross J

Citations:

[2010] EWHC 1134 (Comm)

Links:

Bailii

Citing:

Cited – Apvodedo Nv v Collins ChD 17-Apr-2008
Henderson J set out the test of whether a case was suitable for summary judgment: ‘It is well established that in order to defeat an application for summary judgment it is enough for the defendant to show a prospect of success which is real in the . .

Cited by:

See Also – Antonio Gramsci Shipping Corp and Others v Stepanovs ComC 25-Feb-2011
The claimant companies alleged that the defendants had used the claimant’s parent’s companies wrongfully to syphon off money from the claimants by interposing contract between the lcimants and their proper customers. In this action the claimant . .
See Also – Antonio Gramsci Shipping Corp and Others v Recoletos Ltd and Others ComC 12-Jul-2012
The seventh defendant sought to be excused from the case denying the court’s jurisdiction. He had been a director. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 18 August 2022; Ref: scu.416130

HXA v The Home Office: QBD 21 May 2010

The claimant challenged as unlawful his administrative detention for 10 months pending deportation.

Judges:

King J

Citations:

[2010] EWHC 1177 (QB)

Links:

Bailii

Statutes:

European Convention of Human Rights 5, Immigration Act 1971 5(5)

Jurisdiction:

England and Wales

Citing:

Cited – A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
See Also – Secretary of State for the Home Department v AH Admn 9-May-2008
The claimant, an Iraqi national, had been about to be deported when he was re-arrested for Terrorism offences for which he was acquitted. He was then made subject to a non-derogating control order. He now challenged the renewal of that order, even . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Immigration

Updated: 18 August 2022; Ref: scu.415983

Moulton v Chief Constable of The West Midlands: CA 13 May 2010

The claimant appealed against dismissal of his claim for damages for malicious prosecution and misfeasance in public office. He had been arrested and held on allegations of serious sexual assaults, but then released when the matter came to the Crown Court. He said that the officers had failed properly to investigate the matter. Though the judge was critical of the investigation, the failings did not establish the breaches complained of.
Held: The appeal failed. The validity of the decision to charge is a question as to the subjective state of the officer’s mind. The inconsistencies shown were not sufficient at that stage to displace the officer’s honest belief. No reason for discontinuance arose until the day on which it in fact occurred. The police failure to submit specimens for forensic examination was dilatoriness, not malice. At all times the officers believed in the truth of the allegations.
Smith LJ answered the the appellant’s submission that: ‘an objective examination of the evidence, if scrupulously careful, would have revealed a number of inconsistencies within the evidence and a number of matters which required clarification. But such examination would not in my view have led a conscientious police officer to any view other than that the appellant was probably guilty. I would hold that the judge was right to hold that there was reasonable and probable cause to commence the prosecution.’

Judges:

Smith LJ, Wilson LJ, Baron J

Citations:

[2010] EWCA Civ 524

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 – 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 – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – Hill v Hamilton-Wentworth Regional Police Services Board 4-Oct-2007
Canlii Supreme Court of Canada – Torts – Negligence – Duty of care – Police investigation – Whether police owe duty of care to suspects in criminal investigations – If so, standard of care required by police . .

Cited by:

Cited – Howarth v Gwent Constabulary and Another QBD 1-Nov-2011
The claimant alleged malicious prosecution and misfeasance in public office against the defendant. He had been charged with perverting the course of justice. He had worked for a firm of solicitors specialising in defending road traffic prosecutions. . .
Cited – Motasim v Crown Prosecution Service and Others QBD 15-Aug-2017
The claimant had been arrested on suspicion of terrorism, from his innocent association with people later convicted of terrorism. The defendant discovered evidence which would undermine the case against him, but refuse to disclose it. Eventually, . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 18 August 2022; Ref: scu.414949

Vatcher v Pault: PC 17 Dec 2014

(Jersey) A fraudulent exercise of a trust power is constituted if it is exercised for a purpose or with an intention beyond the scope of the power. It was said that ‘it is not enough that an appointor or some person not an object of power may conceivably derive some benefit’: ‘The general presumption which the law makes is in favour of the good faith and validity of transactions which have long stood unchallenged, and if the known facts and existing documents are, though such as to give rise to suspicion, nevertheless capable of a reasonable explanation, the Court ought not to draw inferences against the integrity of persons who have long been dead and cannot therefore defend themselves.’
Lord Parker went on: ‘The term fraud in connection with frauds on a power does not necessarily denote any conduct on the part of the appointor amounting to fraud in the common law meaning of the term or any conduct which could be properly termed dishonest or immoral. It merely means that the power has been exercised for a purpose, or with an intention, beyond the scope of or not justified by the instrument creating the power.’

Judges:

Lord Parker of Waddington

Citations:

[1915] AC 372, [1914] UKPC 100

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Futter and Another v Futter and Others ChD 11-Mar-2010
Various family settlements had been created. The trustees wished to use the rule in Hastings-Bass to re-open decisions they had made after receiving incorrect advice.
Held: The deeds were set aside as void. The Rule in Hastings-Bass derives . .
Cited – Eclairs Group Ltd and Glengary Overseas Ltd v JKX Oil and Gas Plc SC 2-Dec-2015
Company Director not Trustee but is Fiduciary
The Court was asked about an alleged ‘corporate raid’, an attempt to exploit a minority shareholding in a company to obtain effective management or voting control without paying what other shareholders would regard as a proper price.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Trusts, Torts – Other

Updated: 17 August 2022; Ref: scu.408859

The Chancellor, Masters and Scholars of The University of Oxford and Others v Broughton and Others: CA 10 Feb 2005

The plaintiffs intended to construct a laboratory. The defendants were an organised group of animal rights activists who objected saying that it was intended to conduct experiments on animals. Objection was made that an injunction should not properly be given in favour of a large group of unnamed persons.

Judges:

Ward LJ

Citations:

[2005] EWCA Civ 144

Links:

Bailii

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Torts – Other, Litigation Practice

Updated: 17 August 2022; Ref: scu.408804

Edwards v Edwards and Bank of Scotland plc: ChD 11 Mar 2010

The claimant alleged deceit by his wife, the respondent, in the execution of a charge on the property and sought to be relieved against the enforcement of a charge in favour of the second defendant. He had not signed the charge.
Held: Whilst the bank now acknowleged that it could not enforce the charge against the claimant, however the wife had not had sufficient notice of the claims against her. The bank would be able to recover the loan amount from the first defendant leaving sufficient equity for the claimant to purchase alternate property, and a sale was ordered.

Judges:

William Trower QC J

Citations:

[2010] EWHC 652 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 17 August 2022; Ref: scu.408505

TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd: QBD 18 Jul 2007

The court considered as a preliminary issue the alleged inducement by the Defendant of breach of contract on the part of various customers of the Claimants.
Held: The Location Agreements were not consumer hire agreements within the meaning of section 15 of the 1974 Act.

Judges:

Flaux J

Citations:

[20071 EWHC 1738 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd CA 17-Apr-2008
The court declined an appeal against an order that copier hire agreements were not regulated under the 1974 Act. . .
At First Instance – TRM Copy Centres (UK) Ltd and Others v Lanwall Services Ltd HL 17-Jun-2009
Each party contracted hire copiers to shops and offices. The claimant said that the defendant had interfered with their contracts by substituting their equipment. The defendants said that the claimants’ contracts were controlled by the 1974 Act, but . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Contract

Updated: 16 August 2022; Ref: scu.258420

JSC BTA Bank v Ablyazov and Another: ComC 8 Jun 2018

Application by the claimant for an order that the second defendant provide full and proper disclosure regarding the way in which his legal expenses in these proceedings are being funded.

Judges:

Patricia Robertson QC

Citations:

[2018] EWHC 1368 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Litigation Practice

Updated: 16 August 2022; Ref: scu.642034

Watling v The Chief Constable of Suffolk Constabulary and Another: QBD 2 Aug 2019

The claimant had been driving. He suffered a stroke, was arrested by a police officer as driving under the influence of drugs. Medical assistance was delayed at the police station, and the damage from the stroke was permanent.
Held: The actual symptoms were real but not standard stroke symptoms, and he was unable to establish that earlier medical assistance might have improved his outcome.

Judges:

His Honour Judge Saggerson

Citations:

[2019] EWHC 2342 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Police, Torts – Other, Human Rights

Updated: 16 August 2022; Ref: scu.642130

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 police station as appropriate adult for her son. Her mobile phine rang, and she was asked to turn it off, whch she did. However her scond phone then rang and the officers took hold or her to forcible remove her from the custody suite.
Held: The appeal failed. The evidence had been difficult and contradictoty, however: ‘there were substantial arguments advanced on behalf of the claimant, Ms Copeland. CCTV, which does not show any blows being struck to PC Bains, despite the fact that there were two blows to the same place, show PC Bains and others who were there immediately after the alleged blows were struck. No attempt was made by PC Bains or the others to arrest or restrain the complainant on the spot, even though she was alleged to have struck him immediately before. He was content for her to stand at the end of the room unrestrained, speaking to PC Townsend. The CCTV, which we have seen, shows PC Bains in that period standing in a relatively relaxed position with his hands on his hips.’

Judges:

Maurice Kay VP, Moses, Patten LJJ

Citations:

[2014] EWCA Civ 1014

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – 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, . .
Cited – Castorina v Chief Constable of Surrey CA 10-Jun-1988
Whether an officer had reasonable cause to arrest somebody without a warrant depended upon an objective assessment of the information available to him, and not upon his subjective beliefs. The court had three questions to ask (per Woolf LJ): ‘(a) . .
Cited – 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 . .
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 – Al-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Cited – 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 . .
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 – 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 – Mahon v Rahn and others (No 2) CA 8-Nov-1999
Brooke LJ attempted to draw a distinction between simple cases. . .
Cited – Grobbelaar v News Group Newspapers Ltd and Another HL 24-Oct-2002
The claimant appealed against a decision of the Court of Appeal quashing the judgement in his favour for damages for defamation.
Held: The Court of Appeal was not able to quash a jury verdict as perverse, and the appeal succeeded. An appellate . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 16 August 2022; Ref: scu.535152

Townsend v Haworth: CA 1875

The defendant sold chemicals to be used by the purchaser in infringement of patent and agreed to indemnify the purchaser if the patent should prove to be valid.
Held: Only the person who actually manufactures or sells infringing goods is the infringer except where the direct infringer is the ‘mere cat’s-paw’ of someone else.
Mellish LJ said: ‘Selling materials for the purpose of infringing a patent to the man who is going to infringe it, even although the party who sells it knows that he is going to infringe it and indemnifies him, does not by itself make the person who so sells an infringer. He must be a party with the man who so infringes and actually infringe.’

Judges:

Sir George Jessel MR, Mellish LJ

Citations:

(1879) 48 LJ Ch 770

Jurisdiction:

England and Wales

Cited by:

Cited – Unilever Plc v Gillette (UK) Limited CA 1989
Unilever claimed infringement of its patent. The court was asked whether there was a good arguable case against the United States parent company of the existing defendant sufficient to justify the parent company to be joined as a defendant and to . .
Cited – MCA Records Inc and Another v Charly Records Ltd and others (No 5) CA 5-Oct-2001
The court discussed the personal liability of a director for torts committed by his company: ‘i) a director will not be treated as liable with the company as a joint tortfeasor if he does no more than carry out his constitutional role in the . .
Cited – CBS Songs Ltd v Amstrad Consumer Electronics Plc HL 12-May-1988
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users.
Held: Amstrad could only . .
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. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Torts – Other

Updated: 15 August 2022; Ref: scu.230357

BSA International Sa v Irvine and Others: SCS 28 Jan 2010

Outer House – further opinion

Citations:

[2010] ScotCS CSOH – 12, [2010] CSOH 12

Links:

Bailii

Citing:

See Also – BSA International Sa v Irvine and Others SCS 27-May-2009
Opinon – the defenders had sold their shares in a company to the pursuer under a share purchase agreement. The pursuers asserted negligent misrepresentation and breach of warranty . .
Lists of cited by and citing cases may be incomplete.

Scotland, Company, Torts – Other

Updated: 14 August 2022; Ref: scu.401928

Bskyb Ltd and Another v HP Enterprise Services UK Ltd and Another: TCC 26 Jan 2010

The claimant broadcaster sought damages in misrepresentation and otherwise again the defendants who had supplied infromation technology services in the form of a Customer Relationship Management service. They said that the defendants had made faudulent misrepresentations in order to gain the contract, and that defects in the system were not corrected for several years leading to substantial losses.

Judges:

Ramsey J

Citations:

[2010] EWHC 86 (TCC), [2010] 26 Const LJ 289, [2010] BLR 267, [2010] CILL 2841

Links:

Bailii

Torts – Other

Updated: 14 August 2022; Ref: scu.401625

Terry (previously LNS) v Persons Unknown: QBD 29 Jan 2010

The claimant (then known as LNS) had obtained an injunction to restrain publication of private materials.
Held: There was insufficient material to found an action in confidence or privacy. An applicant was unlikely to succeed either at an interim application or at trial, whether under the law of defamation or the law of privacy, where, as explained in the Court of Appeal in Initial Services v Putterill [1968] 1 QB 396 there is no confidence in iniquity.
Tugendhat J said: ‘The court is being asked by LNS to have regard to the Article 8 rights of the other person and the interested persons. Respect for the dignity and autonomy of the individuals concerned requires that, if practicable, they should speak for themselves . . If it is not practicable or just that the other person or anyone else should not give evidence personally, the court should know why.’
He rejected a suggestion that the public interest was solely concerned with illegal conduct, though: ‘It is not for the judge to express personal views on such matters, still less to impose whatever personal views he might have. That is not the issue. The issue is what the judge should prohibit one person from saying publicly about another.’
‘Having decided that the nub of this application is a desire to protect what is in substance reputation, it follows that in accordance with Bonnard v Perryman no injunction should be granted. I do not know what words any newspaper threatens to publish. But it is likely that whatever is published, the editors will choose words that they will contend are capable of being defended in accordance with the law of defamation.’

Judges:

Tugendhat J

Citations:

[2010] EWHC 119 (QB), [2010] 1 FCR 659, [2010] Fam Law 453, [2010] EMLR 16

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Initial Services Ltd v Putterill CA 1967
The plaintiff’s sales manager resigned, but took with him confidential documents which he gave to a newspaper. The defendant sought to justify this, saying that the company had failed to register agreements it should have done under the Act.

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 . .
Cited – Ferdinand v MGN Limited QBD 29-Sep-2011
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and . .
Cited – Hannon and Another v News Group Newspapers Ltd and Another ChD 16-May-2014
The claimants alleged infringement of their privacy, saying that the defendant newspaper had purchased private information from police officers emplyed by the second defendant, and published them. The defendants now applied for the claims to be . .
Cited – PJS v News Group Newspapers Ltd SC 19-May-2016
The appellants had applied for restrictions on the publication of stories about their extra marital affairs. The Court of Appeal had removed the restrictions on the basis that the story had been widely spread outside the jurisdiction both on the . .
Cited – Heythrop Zoological Gardens Ltd (T/A Amazing Animals) and Another v Captive Animals Protection Society ChD 20-May-2016
The claimant said that the defendant had, through its members visiting their premises, breached the licence under which they entered, by taking photographs and distributing them on the internet, and in so doing also infringing the performance rights . .
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.

Media, Torts – Other

Updated: 14 August 2022; Ref: scu.401000

Bromley, Regina (on The Application of) v Secretary of State for Justice and Others: Admn 3 Feb 2010

The claimant sought review of a decision leading to being held in cells pursuant to a bench warrant. She said that her failure to appear at the hearing she failed to attend was not a hearing to which she had been bailed, and therefore the warrant was unlawful.
Held: The notice was as to her appearance for sentence even though that was not listed. Her appeal failed.

Judges:

Aikens, Openshaw JJ

Citations:

[2010] EWHC 112 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 13 August 2022; Ref: scu.396589

DSND Subsea Ltd v Petroleum Geo Services Asa: TCC 28 Jul 2000

Dyson J set out the principles applicable in establishing a pleading of commercial duress:
(i) Economic pressure can amount to duress, provided it may be characterised as illegitimate and has constituted a ‘but for’ cause inducing the claimant to enter into the relevant contract or to make a payment. See Mance J in S.L. Huyton S.A. v Peter Cremer GmbH and Co [1999] 1 Lloyds Rep 620;
(ii) a threat to break a contract will generally be regarded as illegitimate, particularly where the defendant must know that it would be in breach of contract if the threat were implemented;
(iii) it is relevant to consider whether the claimant had a ‘real choice’ or ‘realistic alternative’ and could, if it had wished, equally well have resisted the pressure and, for example, pursued practical and effective legal redress. If there was no reasonable alternative, that may be very strong evidence in support of a conclusion that the victim of the duress was in fact influenced by the threat.
(iv) the presence, or absence, of protest, may be of some relevance when considering whether the threat had coercive effect. But, even the total absence of protest does not mean that the payment was voluntary.
More generally: ‘there must be pressure, (a) whose practical effect is that there is compulsion on, or lack of practical choice for, the victim; (b) which is illegitimate; and (c) which is a significant cause inducing the claimant to enter into the contract: see Universal Tankships Inc of Monrovia v. International Transport Workers’ Federation [1983] 1 AC 366 at 400B-E and Dimskal Shipping Co SA v. International Transport Workers’ Federation [1992] 2 AC 152 at 165 G. In determining whether there has been illegitimate pressure, the Court takes into account a range of factors. These include whether there has been an actual or threatened breach of contract; whether the person allegedly exerting the pressure has acted in good or bad faith; whether the victim had any realistic practical alternative but to submit to the pressure; whether the victim protested at the time; and whether he affirmed and sought to rely on the contract. These are all relevant factors. Illegitimate pressure must be distinguished from the rough and tumble of the pressures of normal commercial bargaining.’
and ‘The ingredients of actionable duress are that there must be pressure, (a) whose practical effect is that there is compulsion on, or a lack of practical choice for, the victim, (b) which is illegitimate, and (c) which is a significant cause inducing the claimant to enter into the contract: see Universal Tanking of Monrovia v. ITWF [1983] AC 336, 400 B-E, and The Evia Luck [1992] 2AC 152, 165 G. In determining whether there has been illegitimate pressure, the court takes into account a range of factors. These include whether there has been an actual or threatened breach of contract; whether the person allegedly exerting the pressure has acted in good or bad faith; whether the victim had any realistic practical alternative but to submit to the pressure; whether the victim protested at the time; and whether he confirmed and sought to rely on the contract. These are all relevant factors. Illegitimate pressure must be distinguished from the rough and tumble of the pressures of normal commercial bargaining.’

Judges:

Dyson J

Citations:

[2000] EWHC 185 (TCC), [2001] BLR 23, [2000] BLR 530

Links:

Bailii

Citing:

Cited – Universe Tankships Inc of Monrovia v International Transport Workers Federation HL 1-Apr-1981
A ship belonging to the appellants had been blacked by the defendant union. Negotiations to clear the threat resulted in payment by the appellants to a welfare fund of the defendant. The company sought its refund saying that it had been paid under . .
Cited – Dimskal Shipping Co SA v International Transport Workers Federation (‘The Evia Luck’) HL 1991
The Plaintiff shipowners had been induced by industrial action against a vessel in Sweden, which actions would be lawful under Swedish law, to undertake to enter into written agreements with the ITF under which, inter alia, more generous agreements . .
Cited – Huyton SA v Peter Cremer Gmbh and Co ComC 21-Oct-1998
Mance J discussed the law of economic duress saying it was established law that economic pressure could amount to duress and referred to two basic ingredients for duress of that character. He identified those ingredients as first, ‘illegitimate . .

Cited by:

Cited – Kolmar Group Ag v Traxpo Enterprises Pvt Ltd ComC 1-Feb-2010
The claimant sought damages in contract alleging economic duress. They said that at a late stage, when the defendant knew of the urgent needs of the caimant, he imposed an exorbitant change of price.
Held: The claim succeeded. The pressure . .
Cited – Adam Opel Gmbh and Another v Mitras Automotive (UK) Ltd QBD 18-Dec-2007
The parties had agreed for the supply of automotive parts by the defendant to the claimant under a sole supply arrangement. None were in fact ordered for the first few years. The manufacturer then changed its design and made a new arrangement with a . .
Approved – Carillion Construction Ltd v Felix (UK) Ltd 2001
. .
Cited – Progress Bulk Carriers Ltd v Tube City IMS Llc ComC 17-Feb-2012
The claimant sought to set aside an arbitration saying that the arbitrator had misapplied the test for economic duress. . .
Cited – Farm Assist Ltd v Secretary of State for Environment Food and Rural Affairs TCC 12-Dec-2008
The claimant, now in liquidation, sought to have set aside for economic duress the mediated settlement of its dispute with the defendant. The defendant sought disclosure of legal and similar advice given to the claimant.
Held: Paragon Finance . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 13 August 2022; Ref: scu.396476

Huyton SA v Peter Cremer Gmbh and Co: ComC 21 Oct 1998

Mance J discussed the law of economic duress saying it was established law that economic pressure could amount to duress and referred to two basic ingredients for duress of that character. He identified those ingredients as first, ‘illegitimate pressure by one party’, and secondly the requirement that this should be ‘a significant cause inducing the other party to act as he did’.

Judges:

Mance J

Citations:

[1998] EWHC 1208 (Comm), [1999] 1 Lloyds Rep 620

Links:

Bailii

Cited by:

Cited – Progress Bulk Carriers Ltd v Tube City IMS Llc ComC 17-Feb-2012
The claimant sought to set aside an arbitration saying that the arbitrator had misapplied the test for economic duress. . .
Cited – DSND Subsea Ltd v Petroleum Geo Services Asa TCC 28-Jul-2000
Dyson J set out the principles applicable in establishing a pleading of commercial duress:
(i) Economic pressure can amount to duress, provided it may be characterised as illegitimate and has constituted a ‘but for’ cause inducing the claimant . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 13 August 2022; Ref: scu.396474

Fitzroy Robinson Ltd v Mentmore Towers Ltd: TCC 21 Dec 2009

Claim by architects for professional fees, with cross allegations and claims of fraudulent misrepresentation. The main issues having been resolved the court now considered the quantum of damages.

Judges:

Coulson J

Citations:

[2009] EWHC 3365 (TCC), [2010] BLR 165, 128 Con LR 103

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Fitzroy Robinson Ltd v Mentmore Towers Ltd TCC 7-Jul-2009
. .

Cited by:

See Also – Fitzroy Robinson Ltd v Mentmore Towers Ltd TCC 26-Jan-2010
. .
Lists of cited by and citing cases may be incomplete.

Damages, Contract, Torts – Other

Updated: 13 August 2022; Ref: scu.393362

AON Ltd v JCT Reinsurance Brokers Ltd and Others: QBD 7 Oct 2009

The claimant said that the defendant had encouraged a team of its workers to break their contracts and to leave to work with the defendants.

Judges:

MacKay J

Citations:

[2009] EWHC 3448 (QB), [2010] IRLR 600

Links:

Bailii

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.

Contract, Torts – Other, Employment

Updated: 13 August 2022; Ref: scu.393026

Bayer Cropscience Ltd and Another v Stop Huntingdon Cruelty (‘SHAC’) and Others: QBD 22 Dec 2009

Citations:

[2009] EWHC 3289 (QB)

Links:

Bailii

Citing:

Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Human Rights

Updated: 13 August 2022; Ref: scu.393033

Safeway Stores Ltd and Others v Twigger and Others: ComC 15 Jan 2010

Judges:

Flaux J

Citations:

[2010] EWHC 11 (Comm)

Links:

Bailii

Statutes:

Competition Act 1998 2(1)

Cited by:

Appeal from – Safeway Stores Ltd and Others v Twigger and Others CA 21-Dec-2010
The court was asked whether, when a company had been fined for anti-competitive practices, the company could then recover the penalties from the directors and senior employees involved.
Held: The undertaking was not entitled to recover the . .
Cited – 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.

Commercial, Torts – Other

Updated: 13 August 2022; Ref: scu.392914

Hope v Evered: 1886

It is an actionable wrong to procure the issue of a search warrant without reasonable cause and with malice.

Citations:

(1886) 17 QBD 338

Jurisdiction:

England and Wales

Cited by:

Cited – Gibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 13 August 2022; Ref: scu.184700

First Tower Trustees Ltd and Another v CDS (Superstores International) Ltd: CA 19 Jun 2018

Grant of lease, but property badly contaminated with asbestos.
The Court recognised a principle of ‘contractual estoppel’ – whereby parties can bind themselves by contract to accept a particular state of affairs even if they know that state of affairs to be untrue

Citations:

[2018] EWCA Civ 1396, [2019] 1 P and CR 6, [2019] 1 WLR 637, [2018] WLR(D) 376, 178 Con LR 35

Links:

Bailii, WLRD, WLRD

Jurisdiction:

England and Wales

Cited by:

Cited – Uber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Torts – Other

Updated: 11 August 2022; Ref: scu.618376

Ashton Investments Ltd. and Another v OJSC Russian Aluminium (Rusal) and others: ComC 18 Oct 2006

The claimants sought damages for breach of confidence saying that the defendants had hacked into their computer systems via the internet to seek privileged information in the course of litigation. The defendants denied this and said the courts had no jurisdiction.
Held: The court at this stage should look no further than asking whether there is a serious issue to be tried, and should be careful to avoid usurping the task of the judge at trial by assessing the weight of the evidence. That had been shown. As to the jurisdiction, though any direct acts of the defendants may have occurred in Russia: ‘The attack emanated from Russia but it was directed at the server in London and that is where the hacking occurred. In my view, significant damage occurred in England where the server was improperly accessed and the confidential and privileged information was viewed and downloaded. The fact that it was transmitted almost instantly to Russia does not mean that the damage occurred only in Russia. If a thief steals a confidential letter in London but does not read it until he is abroad, damage surely occurs in London. It should not make a difference that, in a digital age of almost instantaneous communication, the documents are stored in digital form rather than hard copy and information is transmitted electronically abroad where it is read. The removal took place in London. ‘ Though remedies might be available in Russia, the factors including ongoing litigation here generally supported English jurisdiction. However the claimants had not shown sufficient case against the non-corporate defendants and those cases were dismissed.

Judges:

Jonathan Hirst QC

Citations:

Times 31-Oct-2006, [2006] EWHC 2545 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran HL 15-Oct-1993
A plaintiff must show that there is a ‘serious issue for trial’ to support and justify an application for overseas service. The standard of proof in respect of the cause of action relied on is whether, on the evidence, there was a serious question . .
Cited – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
Cited – Konkola Copper Mines Plc and Another v Coromin Ltd and others CA 17-Jan-2006
A stay was sought to allow other proceedings to continue.
Held: A stay of the court’s own proceedings in support of an arbitration elsewhere ‘required rare and compelling circumstances’. . .
Cited – Distiller’s Co (Biochemicals) Ltd v Thompson PC 19-Jan-1971
(Australia) There had been a negligent failure in New South Wales to warn a pregnant woman of the dangers of taking the drug thalidimide.
Held: When looking at jurisdiction to hear a complaint of a tort, the court should look to where in . .
Cited – Watson v Daily Record Ltd CA 1907
The court considered what was necessary to justify the court taking jursdiction against a non-resident defendant in a defamation action.
Cozens-Hardy LJ said: ‘Now it seems plain that the Court has a discretion, and that a plaintiff cannot . .
Cited – Douglas, Zeta-Jones, Northern and Shell Plc v Hello! Limited, Hola SA, Junco, The Marquesa De Varela, Neneta Overseas Limited, Ramey CA 12-Feb-2003
The claimants claimed infringement of the privacy of their wedding celebrations. They requested permission for service out of the jurisdiction to join Mr Ramey as defendant, saying he had been the one who had taken some of the photographs in New . .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited – In Re Banco Nacional De Cuba ChD 7-Jun-2001
Where it was alleged that shares in a UK company had been sold at an undervalue, so as to allow a challenge in insolvency proceedings, the leave of the court was still required if the pleadings were to be served abroad. When the court considered . .
Cited – Unilever Plc v Chefaro Proprietaries Ltd; Chiron Corp etc v Organon CA 24-Nov-1994
The Court of Appeal gave guidance on what criteria are to be used by them for expediting appeals cases.
Glidewell LJ stated that what must be shown ito establish common design in an allegation of tort is that there are ‘facts from which an . .
Cited – Metall and Rostoff v Donaldson Inc CA 1990
The court looked at how to establish where a tort was committed in order then to test its jurisdiction: ‘As the rule now stands it is plain that jurisdiction may be assumed only where (a) the claim is founded on a tort and either (b) the damage was . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Jurisdiction

Updated: 09 August 2022; Ref: scu.245437

Michael Heiser, Estate of and Others v The Islamic Republic of Iran and Another: QBD 31 Jul 2019

Judges:

Stewart J

Citations:

[2019] EWHC 2073 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Heiser, Estate of and Others v The Islamic Republic of Iran and Another QBD 31-Jul-2019
. .
Lists of cited by and citing cases may be incomplete.

International, Torts – Other

Updated: 09 August 2022; Ref: scu.641722

Heiser, Estate of and Others v The Islamic Republic of Iran and Another: QBD 31 Jul 2019

Judges:

Mr Justice Stewart

Citations:

[2019] EWHC 2074 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Michael Heiser, Estate of and Others v The Islamic Republic of Iran and Another QBD 31-Jul-2019
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other, International

Updated: 09 August 2022; Ref: scu.641721

The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others: SC 21 Nov 2012

Law of vicarious liability is on the move

Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found some defendants (school management trust) not vicariously liable. The other defendants appealed.
Held: The appeals succeeded. It was fair and just and reasonable for the defendants to share liability.
The law of vicarious liability has been extended (Lord Phillips: ‘The law of vicarious liability is on the move’). Unincorporated associations might now be liable, such liability extended beyond the strict extent of the employee’s duties, and could include illegal activity, and such liability can be shared.

Judges:

Lord Phillips, Lady Hale, Lord Kerr, Lord Wilson, Lord Carnwath

Citations:

[2012] UKSC 56, UKSC 2010/0230, [2012] WLR(D) 335, [2013] 1 All ER 670, [2013] IRLR 219, [2013] PIQR P6, [2013] ELR 1, [2012] 3 WLR 1319, [2013] 2 AC 1

Links:

Bailii, Bailii Summary, SC, SC Summary

Jurisdiction:

England and Wales

Citing:

Cited – Donovan v Laing, Wharton and Down Construction Syndicate Ltd CA 1893
The plaintiff was injured by the negligence of a crane driver. The defendants had contracted to lend the crane with its driver to a firm who were loading a ship.
Held: There are circumstances in which vicarious liability for the tortious act . .
Appeal from – JGE v The Portsmouth Roman Catholic Diocesan Trust CA 12-Jul-2012
The claimant suffered physical and serious sexual abuse whilst a child at a children’s home run by the defendant. A parish priest committed some of the abuse, and she claimed that the defendants were vicariously liable. They denied such liability. . .
Cited – Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd HL 1946
Employers Liability for Worker’s Negligence
A worker was injured by a negligently driven crane. The crane and Board’s driver were hired out to stevedores for loading work. The stevedores controlled the crane’s operations, but did not direct how the driver controlled the crane. The hire . .
Cited – Hawley v Luminar Leisure Ltd and others CA 24-Jan-2006
The claimant was assaulted and severely injured at a night club by a doorman supplied to the club by a third party company now in liquidation. He claimed the club was the ‘temporary deemed employer’ of the doorman. He also sought to claim under the . .
Cited – Various Claimants v The Catholic Child Welfare Society and Others CA 26-Oct-2010
Child sexual abuse was alleged by 150 claimants against staff members of a community home with teachers supplied by the defendants. The court had asked whether they had vicarious liability for the acts of their staff, and now whether the board of . .
Cited – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others CA 12-Nov-2008
The defendant contracted to build a plant for the claimant. The plant was damaged by a fire caused by the defendant’s independent sub-contractor. The defendant appealed against the finding that it was responsible for the sub-contractor’s failure. . .
At first instance – JGE v The English Province of Our Lady of Charity and Another QBD 8-Nov-2011
The court was asked as a preliminary issue who should be the defendant where a claim was made of rape and other assaults by a priest who was a member of the diocese of the second defendant, but employed by the first defendant school. . .
Cited – Heaton’s Transport (St Helen’s) Ltd v Transport and General Workers’ Union HL 1972
Injunctions had been granted against the Trades Unions to prevent them undertaking stike action. Proceedings for contempt were brought against the union after blacking had continued, despite the fact that the union through its national and local . .
Cited – Dubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
Cited – Thomas v National Union of Mineworkers (South Wales Area) ChD 1985
Threats made by pickets to those miners who sought to go to work were not an assault because the pickets had no capacity to put into effect their threats of violence whilst they were held back from the vehicles which the working miners were within. . .
Cited – Morris v C W Martin and Sons Ltd CA 1965
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment.
Held: The . .
Cited – Brink’s Global Services Inc and Others v Igrox Ltd and Another CA 27-Oct-2010
There was a sufficiently close connection between an employee’s theft of silver from a customer’s container and the purpose of his employment to make it fair and just that his employer be held vicariously liable for his actions. Moore-Bick LJ said: . .
Cited – Maga v The Trustees of The Birmingham Archdiocese of The Roman Catholic Church CA 16-Mar-2010
The claimant appealed against rejection of his claim for damages after alleging sexual abuse by a catholic priest. The judge had found the church not vicariously liable for the injuries, and that the archdiocese had not been under a duty further to . .
Cited – Bazley v Curry 17-Jun-1999
(Canadian Supreme Court) The court considerd the doctrine of vicarious liability: ‘The policy purposes underlying the imposition of vicarious liability on employers are served only where the wrong is so connected with the employment that it can be . .
Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
Cited – Brown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
Cited – Bernard v The Attorney General of Jamaica PC 7-Oct-2004
PC (Jamaica) The claimant had been queuing for some time to make an overseas phone call at the Post Office. Eventually his turn came, he picked up the phone and dialled. Suddenly a man intervened, announced . .
Cited – A v The Archbishop of Birmingham QBD 30-Jun-2005
Assessment of damages following child abuse by Catholic priest.
Held: General damages of andpound;50,000 were in line with Coxon and were approved. A had not been shown to be, and is not, incapable of managing his affairs. The court differed . .
Cited – Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others CA 10-Oct-2005
Severe flood damage had been caused to a factory, where air-conditioning was being installed, by the negligence of a fitter’s mate; the fitter and his mate had been supplied on a labour only basis by the third defendant to the second defendant to . .
Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
Employer can be liable for Managers Harassment
The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .

Cited by:

Cited – Woodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Cited – Cox v Ministry of Justice CA 19-Feb-2014
Appeal against rejection of claim for personal injury. While working as the catering manager at HM Prison Swansea, the Claimant was injured in an accident caused by the negligence of a prisoner carrying out paid work under her supervision. The . .
Cited – Cox v Ministry of Justice SC 2-Mar-2016
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The . .
Cited – Mohamud v WM Morrison Supermarkets plc SC 2-Mar-2016
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first . .
Cited – NA v Nottinghamshire County Council QBD 2-Dec-2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents.
Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation . .
Cited – NA v Nottinghamshire County Council QBD 2-Dec-2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents.
Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation . .
Cited – Armes v Nottinghamshire County Council SC 18-Oct-2017
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care . .
Cited – Barclays Bank Plc v Various Claimants SC 1-Apr-2020
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this . .
Applied – Various Claimants v WM Morrisons Supermarket Plc QBD 1-Dec-2017
The defendant employer had had confidential information of many of its staff taken and disclosed by a rogue employee. The employees now sought compensation. The main issue was whether the company was directly or vicariously liable for the tort.
Cited – WM Morrison Supermarkets Plc v Various Claimants SC 1-Apr-2020
A disgruntled senior employee had divulged on the internet personal details of several thousand employees. The claimants alleged that that had been a breach of the 1998 Act, and that the appellants were vicariously liable for that wrong. . .
Cited – Wm Morrison Supermarkets Plc v Various Claimants CA 22-Oct-2018
Co vicariously liable for employee’s data breach
A member of the company’s staff had unlawfully disclosed personal details of many company employees. The data consisted of personal information of the defendant’s employees including their names, addresses, gender, dates of birth, phone numbers, . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Torts – Other

Leading Case

Updated: 08 August 2022; Ref: scu.465935

Reachlocal UK Ltd and Another v Bennett and Others: QBD 3 Jul 2014

Application by the 1st and 3rd Defendants for relief from sanctions. The Claimants claim damages and an injunction for libel, slander, malicious falsehood, breach of confidence, breach of contract and conspiracy.

Judges:

Nicol J

Citations:

[2014] EWHC 2161 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Torts – Other, Defamation

Updated: 07 August 2022; Ref: scu.533818

Clifford v The Chief Constable of Hertfordshire Constabulary: CA 1 Dec 2009

The claimant appealed against dismissal of his claims for malicious prosecution and misfeasance in public office. He had been arrested on suspicion of possessing indecent images of children, but the officer, he said had continued despite its own expert witness’ view that the charge could not be maintained.
Held: The officer having conduct of the case had been found not to have been told of the expert’s view, but the basis for this conclusion by the judge was faulty, and he had failed to analyse properly the documents in the case. There was no alternative but to have a retrial.

Judges:

Dyson, Carnwath, Hooper LJJ

Citations:

[2009] EWCA Civ 1259

Links:

Bailii

Jurisdiction:

England and Wales

Police, Torts – Other

Updated: 07 August 2022; Ref: scu.381660

JGE v The Portsmouth Roman Catholic Diocesan Trust: CA 12 Jul 2012

The claimant suffered physical and serious sexual abuse whilst a child at a children’s home run by the defendant. A parish priest committed some of the abuse, and she claimed that the defendants were vicariously liable. They denied such liability.
Held: The Diocesan Trust could be vicariously liable for acts of sexual abuse committed by a parish priest in the diocese. The court considered the status in employment of a Catholic priest.
Ward L said that because English law did not recognise the Catholic Church as a legal entity in its own right but saw it as an unincorporated association with no legal personality, the diocese usually established a charitable trust to enable it to own and manage property and otherwise conduct its financial affairs in accordance with domestic law. Though there had been understandable confusion as to whom to sue and the case had proceeded effectively against the Bishop, it was the trustees who would be covered by the relevant insurance should liability be established. Intuitively one would think that, as a priest is always said to be ‘a servant of god’, the Roman Catholic Church itself would be the responsible defendant, but the Roman Catholic Church could not be a party as it had no legal personality. The Bishop was the person whose vicarious liability was in issue.
‘I can conclude that the time has come emphatically to announce that the law of vicarious liability has moved beyond the confines of a contract of service. The test that I have set myself is whether the relationship . . [in question] . . is so close in character to one of employer and employee that it is just and fair to hold the employer vicariously liable.’

Judges:

Ward, Tomlinson, Davies LJJ

Citations:

[2012] EWCA Civ 938, [2012] WLR(D) 204, [2012] 4 All ER 1152, [2013] 2 WLR 958, [2013] 1 QB 722, [2013] PTSR 565, [2012] IRLR 846, [2012] PIQR P19, [2013] Ch 722

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Cited – Donovan v Laing, Wharton and Down Construction Syndicate Ltd CA 1893
The plaintiff was injured by the negligence of a crane driver. The defendants had contracted to lend the crane with its driver to a firm who were loading a ship.
Held: There are circumstances in which vicarious liability for the tortious act . .
Appeal from – JGE v The English Province of Our Lady of Charity and Another QBD 8-Nov-2011
The court was asked as a preliminary issue who should be the defendant where a claim was made of rape and other assaults by a priest who was a member of the diocese of the second defendant, but employed by the first defendant school. . .
Cited – Hawley v Luminar Leisure Ltd and others CA 24-Jan-2006
The claimant was assaulted and severely injured at a night club by a doorman supplied to the club by a third party company now in liquidation. He claimed the club was the ‘temporary deemed employer’ of the doorman. He also sought to claim under the . .
Cited – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others CA 12-Nov-2008
The defendant contracted to build a plant for the claimant. The plant was damaged by a fire caused by the defendant’s independent sub-contractor. The defendant appealed against the finding that it was responsible for the sub-contractor’s failure. . .
Cited – Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd HL 1946
Employers Liability for Worker’s Negligence
A worker was injured by a negligently driven crane. The crane and Board’s driver were hired out to stevedores for loading work. The stevedores controlled the crane’s operations, but did not direct how the driver controlled the crane. The hire . .

Cited by:

Appeal from – The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
Cited – Cox v Ministry of Justice CA 19-Feb-2014
Appeal against rejection of claim for personal injury. While working as the catering manager at HM Prison Swansea, the Claimant was injured in an accident caused by the negligence of a prisoner carrying out paid work under her supervision. The . .
Cited – Barclays Bank Plc v Various Claimants SC 1-Apr-2020
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Vicarious Liability

Updated: 07 August 2022; Ref: scu.462536

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 finding of liability saying that he should not be held responsible for the acts of a competent independent contractor.
Held: The activity of removing the tree was not an extra-hazardous activity so as to make the defendant liable. Extra-hazardous activities for which a land owner might responsible even though the activities were carried out by an independent contractor, were those ‘activities which are dangerous even if carried out with caution by those skilled in the activity’. And ‘There are indeed certain categories of cases in which an occupier is under such a primary duty to others that he in effect warrants the safety of his property against those who are injured by what happens upon it, or alternatively is personally responsible for having any work on it done in a competent manner even if he selected a competent independent contractor.’

Judges:

Widgery LJ, Harman LJ, Sachs LJ

Citations:

[1970] 1 KB 191, [1969] EWCA Civ 1, [1969] 3 All ER 863, [1969] 3 WLR 29

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Bottomley v Todmorden Cricket Club CA 7-Nov-2003
The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it.
Held: The nature of the activity to be . .
Cited – Woodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Cited – Barclays Bank Plc v Various Claimants SC 1-Apr-2020
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this . .
Lists of cited by and citing cases may be incomplete.

Negligence, Torts – Other

Updated: 07 August 2022; Ref: scu.187567

Barclays Bank Plc v Various Claimants: CA 17 Jul 2018

126 claimants alleged sexual assaults by an independently contracted doctor, now deceased, during the course of their employment by the defendant bank. The court now considered whether the bank was vicariously liable for his acts.
Held: It was.

Judges:

The President of the Queens Bench Division
(Sir Brian Leveson)
Lord Justice Mccombe
And
Lord Justice Irwin

Citations:

[2018] EWCA Civ 1670, [2018] IRLR 947

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Barclays Bank Plc v Various Claimants SC 1-Apr-2020
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Vicarious Liability

Updated: 07 August 2022; Ref: scu.619875

Hanway v Boultbee: 30 Nov 1830

A person may use a proportionate degree of force to defend himself, or others, from attack or the threat of imminent attack, or to defend his property or the property of others in the same circumstances.

Citations:

[1830] 1 M and Rob 15, [1830] EngR 887, (1830) 4 Car and P 350, (1830) 172 ER 735 (B), [1830] EngR 888, (1830) 174 ER 6

Links:

Commonlii, Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance Admn 4-Nov-2003
The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Crime

Updated: 06 August 2022; Ref: scu.187494

AVX v EGM Solders Ltd: QBD 1 Jul 1982

The defendants had agreed to the return of defective spheres of solder which they had manufactured for the plaintiffs. By mistake, as well as returning the defective solder in one box, the plaintiffs returned twenty-one boxes of capacitors which were as the judge said ‘finished goods which could not, by any stretch of imagination, be said to look remotely like solder spheres’. The defendants set about scrapping the capacitors in the mistaken belief that they were their own property and mixed them with the rejected solder spheres so that it became uneconomic to retrieve them.
Held: The defendants were liable as unconscious bailees whose duty before dealing with the goods was to ‘use what is in all the circumstances of the case a sufficient standard of care to ascertain that they truly’ were their own goods.

Judges:

Staughton J

Citations:

Unreported 1 July 1982, Times 07-Jul-1982

Statutes:

Torts (Interference with Goods) Act 1977

Jurisdiction:

England and Wales

Cited by:

Distinguished – Regina (Coleman) v Governor of Wayland Prison QBD 3-Apr-2009
The prisoner complained that his mobile phone having been confiscated, the governor had sought its destruction.
Held: It was not open to the governor to destroy the prisoner’s property. The decision in Duggan made the governor’s interpretation . .
Cited – Robot Arenas Ltd and Another v Waterfield and Another QBD 8-Feb-2010
The tenant company had defaulted under the lease, and the landlord had retaken possession. The landlord discarded the tenant’s possessions, and the tenant now sued, saying that the landlords as involuntary bailees owed duties to the proper owner. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 06 August 2022; Ref: scu.182767

Mercantile Business Finance Ltd v Sibec Developments Ltd: QBD 1992

The court considered what was required to establish the tort of conversion.
Held: Demand is not an essential precondition of the tort: what is required is an overt act of withholding possession from the true owner. Such an act may consist of a refusal to deliver up the chattel on demand, but it may be demonstrated by other conduct, for example by asserting a lien. Some positive act of withholding, however, is required; so that, absent any positive conduct on the part of the defendant, the plaintiff can establish a cause of action in conversion only by making a demand.

Judges:

Millett J

Citations:

[1992] 1 WLR 1253

Jurisdiction:

England and Wales

Cited by:

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

Torts – Other

Updated: 06 August 2022; Ref: scu.182760

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 confined to cases in which the facts are ‘within the knowledge only of the complainant.’ Such claims are generally unsuitable for summary disposition. The appeal failed.

Judges:

Pill LJ

Citations:

[2009] EWCA Civ 1215

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – 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, . .
Mentioned – 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 – 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 . .
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 – 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.

Torts – Other, Litigation Practice

Updated: 05 August 2022; Ref: scu.380343

Novartis Pharmaceuticals UK Ltd and Others v Stop Huntingdon Animal Cruelty (‘SHAC’) and Others: QBD 30 Oct 2009

Judges:

Sweeney J

Citations:

[2009] EWHC 2716 (QB)

Links:

Bailii

Statutes:

Protection against Harassment Act 1997 83

Citing:

Cited – Handyside v The United Kingdom ECHR 7-Dec-1976
Freedom of Expression is Fundamental to Society
The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Human Rights

Updated: 05 August 2022; Ref: scu.377859

Ellis v Torrington: CA 1920

An assignment of the benefit of a covenant in a lease held to be sufficiently connected with enjoyment of the property as not to be a bare right of action. The assignment was not void.
Scrutton LJ stated that the assignee of a cause of action was not guilty of maintenance or champerty by reason of the assignment he took because he was buying not in order to obtain a cause of action but in order to protect the property which he had bought.

Judges:

Scrutton LJ

Citations:

[1920] 1 KB 399

Jurisdiction:

England and Wales

Cited by:

Cited – Camdex International Ltd v Bank of Zambia and Another CA 3-Apr-1996
Appeal by the Defendant from a judgment on an application for summary judgment under RSC Order 14 by the Plaintiffs, Camdex International Ltd judgment was entered for the Plaintiffs in the sum of Kuwaiti Dinars 20,595,557.429. The Plaintiffs pleaded . .
Cited – Barbados Trust Company Ltd v Bank of Zambia and Another CA 27-Feb-2007
The creditor had assigned the debt, but without first giving the debtor defendant the necessary notice. A challenge was made to the ability of the assignee to bring the action, saying that the deed of trust appointed to circumvent the reluctance of . .
Cited – Simpson v Norfolk and Norwich University Hospital NHS Trust CA 12-Oct-2011
The court was asked whether it was possible to assign as a chose in action a cause of action in tort for damages for personal injury, and if so under what circumstances it was possible.
Held: The appeal was dismissed. The claimant did not have . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Landlord and Tenant

Updated: 05 August 2022; Ref: scu.249317

Armory v Delamirie: KBD 1722

A jeweller to whom a chimney sweep had taken a jewel he had found, took the jewel out of the socket and refused to return it. The chimney sweep sued him in trover. On the measure of damages, the court ruled ‘unless the defendant did produce the jewel, and shew it not to be of the finest water, they [the jury] should presume the strongest against him, and make the value of the best jewels the measure of their damages:’ and ‘That the finder of a jewel, though he does not by such finding acquire an absolute property or ownership, yet he has such a property as will enable him to keep it against all but the rightful owner, and consequently may maintain trover?’ The court applied the maxim ‘maxim omnia praesumuntur contra spoliatorem’ All things are assumed against the interests of a spoliator.
If the negligence of the defendant has led to evidence being unavailable which might otherwise have assisted the victim of that negligence, he should not have the benefit of any consequent doubt.

Judges:

Pratt CJ

Citations:

(1722) 1 Stra 505, [1722] EWHC KB J94, [1722] 93 ER 664

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Allen v Sir Alfred McAlpine and Sons Ltd CA 1968
The court described the peculiarly difficult position of a solicitor sued for the negligence of losing litigation for his client by reason of having his client’s claim struck out: ‘It is true that if the action for professional negligence were . .
Cited – Malhotra v Dhawan CA 26-Feb-1997
There had been litigation as to the payment due on fees earned during the partnership. One party had destroyed the evidence which would have settled many issues. The court discussed the principle that it should presume all against a destroyer of . .
Cited – Gray v Haig and Son 1855
Gray was the agent for Haig and Son, selling whisky on commission. On the termination of the agency a dispute arose as to the amount of the commission due and an account was ordered. Gray had destroyed his books, which were essential to the taking . .
Cited – Parker v BA Board 1982
The rights and obligations of a finder were considered. The court explained the balancing exercise required of the law when deciding to whom property should be returned and how the balance should be struck: ‘The rule as stated by Pratt CJ must be . .
Cited – Dixon v Clement Jones Solicitors (A Firm) CA 8-Jul-2004
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value, since the claimant would have proceeded anyway.
Held: The court had . .
Cited – Dobson and Dobson v North Tyneside Health Authority and Newcastle Health Authority CA 26-Jun-1996
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being retained instead for medical research. They now . .
Cited – Pritchard Joyce and Hinds v Batcup and Another QBD 17-Jan-2008
The claimant solicitors sought contributions from counsel to the damages they had been obliged to pay to their client in negligence.
Held: Underhill J said: ‘My task is not to seek to decide definitively whether LL were liable in negligence to . .
Cited – Mount v Baker Austin CA 18-Feb-1998
The Defendant solicitors had allowed the Plaintiff’s claim to be struck out for want of prosecution. The court considered how to calculate the value of the loss of the chance of pursuing the claim: ‘1. The legal burden lies on the plaintiff to prove . .
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 . .
Cited – Channon (T/A Channon and Co) v Ward QBD 12-May-2015
The claimant had lost significant sums through his accountancy practice, but now claimed that his insurance broker, the defendant had negligently failed to renew his professional indemnity policies, even though he had supplied policy numbers to the . .
Cited – Wright v McCormack QBD 1-Aug-2022
Claimants falsehood reduced award to nominal only.
The parties disputed the original authorship of bitcoin, the claimant saying he was ‘Satoshi’ that originator. The defendant published a series of tweets denying that connection.
Held: One particular publication was to be read as part of the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Evidence

Updated: 05 August 2022; Ref: scu.190236

Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others: Admn 8 Oct 2009

The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and did not exercise ‘functions of a public nature’; the claimant that he had not been given a fair hearing.
Held: Judicial review was refused. Pubs are private premises whose occupiers are entitled to decide whom they will or will not admit provided that there is no unlawful discrimination. The provision of advice and support by the Police does not have the effect of converting these individual decisions into those of a public nature. Whilst there existed many ways of bringing unincorporated associations, no plea had been made for the use of CPR 19.6 here, and no attempt had been made to sue the individual landlord members of the association.

Judges:

MacKie J

Citations:

[2009] EWHC 2441 (Admin)

Links:

Bailii

Statutes:

Civil Procedure Rules 19.6

Citing:

Cited – Conservative and Unionist Central Office v Burrell (Inspector of Taxes) CA 10-Dec-1981
An unincorporated association is defined as ‘two or more persons bound together for one or more common purposes, not being business purposes, by mutual undertakings each having mutual duties and obligations, in an organisation which has rules which . .
Cited – Regina v Take-over Panel, ex parte Datafin PLC CA 1986
Amenability to judicial review
The issue of amenability to judicial review often requires an examination of the nature of the power under challenge as well as its source: ‘In all the reports it is possible to find enumerations of factors giving rise to the jurisdiction [of . .
Cited – Hampshire County Council v Beer (T/A Hammer Trout Farm); Regina (Beer) v Hampshire Farmers’ Market Ltd CA 21-Jul-2003
The applicant had been refused a licence to operate within the farmer’s market. It sought judicial review of the rejection, but the respondent argued that it was a private company not susceptible to review.
Held: The decisions of the Farmers . .
Cited – Oxford University v Webb QBD 13-Oct-2006
Action against animal rights protester for protection against alleged threats againt bio-medical research centre. . .
Cited – Regina v RL and JF CACD 28-Aug-2008
Club, not members, prosecutable for breach
The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have . .
Cited – Proud, Regina (on the Application of) v Buckingham Pubwatch Scheme and Another Admn 14-Aug-2008
The claimant sought leave to challenge the imposition by the local Pubwatch scheme to impose a ban on him.
Held: The renewed application for permission to bring judicial review was refused. Ockleton CMG said: ‘the question of the . .
Cited – Oyeyi-Effiong and Campbell, Regina (on the Application of) v The Bridge NDC Seven Sisters Partnership and Another Admn 22-Mar-2007
The claimants challenged their removal from a ‘New Deals for Communities’ partnership association. Complaints had been made about manipulative behaviour at meetings in breach of a code of conduct.
Held: A proposal had been made for an . .
Cited – Heathrow Airport Ltd and Others v Garman and Others QBD 6-Aug-2007
Application for injunctive relief made by the First Claimant, Heathrow Airport Limited, the manager and operator of Heathrow Airport, and the Second Claimant, the First Claimant’s managing director, against a number of persons and organisations who . .
Cited – RWE Npower Plc and others v Carrol (acting for and on behalf of the unincorporated association identified as ‘The Sandles House Group’ etc) QBD 27-Apr-2007
The claimant sought relief against protesters challenging its proposal for disposal of ash from its coal fired power station in gravel pits local to the defendants. . .
Cited – YL v Birmingham City Council and Others HL 20-Jun-2007
The House was asked whether a private care home when providing accommodation and care to a resident under arrangements with a local authority the 1948 Act, is performing ‘functions of a public nature’ for the purposes of section 6(3)(b) of the Human . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Torts – Other

Updated: 04 August 2022; Ref: scu.375947

Buike v Chief Constable of West Yorkshire: CA 15 Jul 2009

The claimant appealed against refusal of permission to claim assault by poice officers acting in the course of an arrest of him. He had later been convicted of the offence for which he was arrested.

Judges:

Longmore, Toulson, Patten LJJ

Citations:

[2009] EWCA Civ 971

Links:

Bailii

Statutes:

Criminal Justice Act 2003 329

Jurisdiction:

England and Wales

Police, Torts – Other

Updated: 04 August 2022; Ref: scu.375157

Bates, Regina (on the Application of) v Chief Constable of Avon and Somerset: Admn 16 Jun 2009

The claimant had obtained a court order requiring the Chief Constable to return certain computer equipment seized by his officers. In the absence of compliance the claimant sought an order for his committal for contempt of court.
Held: The order took effect immediately, but it did not explicitly state as it should have done, the time by which he must comply. In that circumstance no order for committal should be made. The respondent had now given an undertaking to comply with the order, but it was regrettable that proceedings had been necessary to secure this. The claimant might better have proceeded by requesting a correction of the order.

Judges:

Calvert-Smith J, Lord Justice Stanley Burnton, Mr Justice Wilkie

Citations:

[2009] EWHC 2293 (Admin), Times 21-Jul-2009

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Bates and Another v Chief Constable of the Avon and Somerset Police and Another Admn 8-May-2009
The claimant had had computers seized by the defendant under searches despite his assertion that they contained legally privileged material. The claimant had been discredited as an expert witness in cases relating to the possession of indecent . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Contempt of Court

Updated: 04 August 2022; Ref: scu.374727

Torquay Hotel v Cousins: CA 17 Dec 1968

The plaintiff contracted to buy oil for his hotel from Esso. Members of the defendant trades union blocked the deliveries of oil by Esso to the Hotel because of a trade dispute they had with the management of the hotel. The hotel sued for an injunction and damages on the ground, amongst others, that the actions of the members of the Union constituted unlawful interference with the performance of the contract between the hotel and Esso.
Held: The court summarised the three elements of the tort of procuring a breach of contract: ‘First, there must be interference in the execution of the contract. The interference is not confined to the procurement of a breach of contract. It extends to a case where a third person prevents or hinders one party from performing his contract, even though it be not a breach. Second, the interference must be deliberate. The person must know of the contract or, at any rate, turn a blind eye to it and intend to interfere with it. . Third, the interference must be direct. Indirect interference will not do.’ The court extended the tort to include deliberate direct interference in the execution of a contract by preventing or hindering one party from performing the contract even though that would not have been an actionable breach because, as in this case there was an exemption clause.

Judges:

Lord Denning MR, Russell LJ, Winn LJ

Citations:

[1969] 2 Ch 106, [1968] EWCA Civ 2, [1969] 2 WLR 289, [1969] 1 All ER 522

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Extended – Lumley v Gye 1853
Inducing breach of contract is a Tort
An opera singer (Miss Wagner) and the defendant theatre owner were joint wrongdoers. They had a common design that the opera singer should break her contract with the plaintiff theatre owner, refuse to sing in the plaintiff’s theatre and instead . .
Cited – Emerald Construction Co v Lowthian CA 1965
The defendant union officials threatened a building contractor with a strike unless he terminated a sub-contract for the supply of labour. They obviously knew that there was a contract, since they wanted it terminated, but did not know its terms . .
Cited – Lumley v Wagner 1852
A girl (under age) and her father contracted for her to perform at a theatre abroad, and later not to use her talents without the consent of her manager. She contracted with a competing theatre. She resisted an action by the manager saying that the . .
Cited – Beetham v Trinidad Cement Ltd 1960
The court considered what was a trade dispute. . .
Cited – Huntley v Thornton 1957
It was an unlawful conspiracy at common law to pursue a closed shop against individuals beyond the point which the courts regarded as the defence of genuine trade union interests.
Harman J looked at the law of conspiracy where employees . .
Cited – Poussard v Spiers 1876
Madam Poussard was under contract with Spiers to sing in an opera at the Criterian Theatre. She fell sick and was unable to attend rehearsals. Her non-performance, being caused by sickness, was not a breach of contract on her part.
Held: The . .
Cited – Quinn v Leathem HL 5-Aug-1901
Unlawful Means Conspiracy has two forms
Quinn was treasurer of a Belfast butchers’ association. Leathem, who traded as a butcher, employed some non-union men, although when the union made difficulties he asked for them to be admitted to the union, and offered to pay their dues. The union . .
Cited – New Zealand Shipping Co Ltd v Societe des Ateliers et Chantiers de France 1919
. .

Cited by:

Cited – Esso Petroleum v Kingswood Motors (Addlestone) Ltd and Others 1974
The defendant entered into a five year solus tie agreement with the plaintiff which required the defendant before completing any sale or transfer of the garage or its business to notify Esso and procure such person to enter into a direct agreement . .
Approved – Merkur Island Corp v Laughton HL 1983
The shipowner claimants were party to a contract under which their obligation to prosecute their voyages with the utmost despatch was qualified by clauses providing for the vessel to go off hire and for charterers to have a right after 10 days to . .
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 . .
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 – Douglas and others v Hello! Ltd and others; similar HL 2-May-2007
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 04 August 2022; Ref: scu.216556

Canada Goose UK Retail Ltd and Another v Persons Unknown and Another: QBD 20 Sep 2019

Where an interim injunction had been obtained against person unknown, service of the claim to be answered was fundamental to the principles of the judicial system. There is an important distinction between ‘a person’s general awareness of the proceedings, as a result of information they are provided, and the important step of being served with documents that makes the person aware that s/he is a party to the proceedings.’ In this instance that meant that the original claim had not been properly served and therefore no extension of the Final Order could, or should, be made.

Judges:

Nicklin J

Citations:

[2019] EWHC 2459 (QB), [2019] WLR(D) 520, [2020] 1 WLR 417, [2020] JPL 387

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Cited by:

Appeal from – Canada Goose UK Retail Ltd and Another v Unknown Persons CA 5-Mar-2020
‘This appeal concerns the way in which, and the extent to which, civil proceedings for injunctive relief against ‘persons unknown’ can be used to restrict public protests.’ . .
Cited – London Borough of Enfield v Persons Unknown and Others QBD 2-Oct-2020
The council had obtained interim and final injunctions in 2017 against anticipated trespassers on its land and the order was due to expire. It now ought its extension and to amend the terms of the order.
Held: The court noted that no person . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Litigation Practice

Updated: 04 August 2022; Ref: scu.642135

Birmingham City Council v Afsar and Others: QBD 26 Nov 2019

Claim for injunctions to restrict street protests about a school, and to prohibit online abuse of teachers at that school

Judges:

Warby J

Citations:

[2019] EWHC 3217 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Birmingham City Council v Afsar and Others QBD 18-Jun-2019
The Council sought an interim order restraining a protest outside one of it junior schools against the teaching of certain matters relating to sexual behaviour, sexuality, and gender. The named defendants and, it would appear, a significant . .
See Also – Birmingham City Council v Afsar and Others QBD 25-Jun-2019
Reason for grant of injunction to restrain demonstrations outside a school. . .

Cited by:

See Also – Birmingham City Council v Afsar and Others QBD 8-Apr-2020
Post judgment applications raising issues about whether one of the injunctions contained in the Annex to the Final Order should be continued, whether two others should be varied, and whether the Trial Judgment should be amended. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 03 August 2022; Ref: scu.645956

Cresswell v Sirl: CA 1948

The defendant shot and killed the plaintiff’s dog. The plaintiff claimed damages for trespass to property, the property being the dog. The defence was that the defendant was justified in killing the dog because it was threatening his sheep.
Held: The principle enunciated in Cope was of general application to all justifications for all acts of trespass.

Judges:

Scott LJ

Citations:

[1948] 1 KB 241

Jurisdiction:

England and Wales

Citing:

Explained – Cope v Sharpe (No 2) CA 1912
The court considered defences to assault; whether the defendant was justified in doing certain acts of trespass on the plaintiff’s land for the purpose of preventing heath fire and consequent loss and damage to the property of the defendant’s . .

Cited by:

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.

Torts – Other, Animals

Leading Case

Updated: 31 July 2022; Ref: scu.244748

Mafo v Adams: CA 1969

The plaintiff tenant was tricked out of the occupancy of the flat he was living in by a blatant fraud perpetrated by the defendant landlord. He sued for damages for fraud, and was awarded compensation for the inconvenience and discomfort. In a case of deceit and other causes of action, the principles enunciated in Rookes v. Barnard were accepted as applicable where the evidence justified it. In respect of deceit, exemplary damages may sometimes be appropriate, though it is not the function of civil courts to punish.
Damages for physical inconvenience caused by a deceit were in principle recoverable. Widgery LJ also such damages as recoverable as a species of aggravated damages: ‘And I would add that . . where there are aggravating circumstances which aggravate the suffering and injury to the plaintiff, then in compensating him for the wrong which has been done, the damages must be similarly increased. Here one has a plaintiff deprived not only of his valuable protected tenancy, but subjected to considerable inconvenience and unpleasantness. He was, as the evidence relates, induced by this trick of the defendant to set off with his pregnant wife in a van with his furniture and travel from Richmond to Norbury arriving at 7 o’clock on a February evening, and there, thanks to the activities of the defendant, he and his wife were kept out in the cold for two hours whilst they sought to obtain admission. In the end they were forced to go back and take refuge with friends who put them up. I have not the least doubt myself that andpound;100 is not an excessive figure to compensate the plaintiff, and accordingly I endorse without hesitation the figure which the county court judge has assessed for general compensatory damages.’
‘The position with regard to exemplary damages is perhaps a little more difficult. I think Mr. Grant was entirely right in accepting that Lord Devlin’s dicta as to exemplary damages apply to the tort of deceit. As I understand Lord Devlin’s speech, the circumstances in which exemplary damages may be obtained have been drastically reduced, but the range of offences in respect of which they may be granted has been increased, and I see no reason since Rookes v. Barnard [1962] A. C. 1129 why, when considering a claim for exemplary damages, one should regard the nature of the tort as excluding the claim. If the circumstances are those prescribed by Lord Devlin, it seems to me that the fact that the tort was one which did not formerly attract exemplary damages is a matter of no consequence. On the other hand, I am firmly of opinion that, since it is now clear that exemplary damages are punitive only and all cases of aggravation which result in additional injury to the plaintiff are to be dealt with by aggravated damages, then it follows that the circumstances in which exemplary damages are awarded should be exceptional indeed. It is not the function of civil courts to punish. In the past, in my judgment, much confusion has been caused because judges awarding compensation to plaintiffs for ruffled feelings have sometimes said they were awarding exemplary damages. It is clear now that that kind of case does not come under the exemplary heading at all, and in my judgement the number of cases hereafter where exemplary damages are properly to be awarded will in fact be very few. First of all it must be shown that the case comes within the categories prescribed by Lord Devlin and secondly it must be shown that it is one of those special cases in which the punishment of the offender is justified; and it is, I think, implicit in what Lord Devlin says [1964] A.C. 1129, 1227 that exemplary damages are in the main awarded in cases where the defendant realises that he is breaking the law, realises that damages may be awarded against him, but nevertheless makes what has been described as a cynical calculation of profit and loss, and says he will flout the powers of the court because on a purely cash basis he can show profit. In my judgment that is the type of man who is referred to by Lord Devlin as being one against whom an award of exemplary damages is proper to be made.’
Sachs LJ held that the loss flowing from the fraud which could be taken into account included the loss of the protected tenancy under the Rent Acts. He also found in the favour of the Plaintiff that he was entitled to compensation for the physical inconvenience suffered.
On the question of exemplary damages, Sachs LJ found this more difficult: ‘Next one comes to a considerably more difficult question: whether this is a case in which exemplary damages are recoverable, and whether, if so, the sum of andpound;100 was a correct assessment.
. . The first issue which sprang to mind when this appeal was opened was whether in actions for deceit exemplary damages could ever be awarded. There is in the books no case of exemplary damages ever having been awarded for this cause of action, and but for Rookes v. Barnard [1964] A.C. 1129, I doubt if it would have been argued that they could be recovered today. Moreover when the case of Doyle v. Olby (Ironmongers) Ltd. [1969] 2 QB. 158 came to be decided recently, it may be assumed from the fact that no member of the court mentioned this aspect of the measure of damages, that it did not ever, then come to mine, despite the cynical nature of the conduct of the defendants in that case, that exemplary damages could be awarded for this cause of action. When, however, Mr. Grant opened the present case he was minded to concede that in actions for deceit such damages could now be awarded, and, after considering the matter carefully, he in fact did make this concession. He did so, basing himself on that sentence in Lord Devlin’s speech in Rookes v. Barnard [1964] A.C. 1129, 1227, which states: ‘Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay.’ That passage he interpreted as applying to all actions for tort. So far as this case is concerned, there is thus inter partes agreement on that matter. In the upshot, however, it has in any event become unnecessary to decide the point, having regard to the view held by my brethren and myself, that upon the findings of the judge such a claim cannot be supported on the particular facts of the case.’
He was however very cautious about the application of exemplary damages to inter alia, cases of deceit: ‘I state the position carefully in this way, because had that concession not been made, it would have been necessary to have considerably further argument on the point and to consider that argument with care. I would, indeed, need to be persuaded, despite the generality of the phrase already quoted, that this speech which sought so drastically to limit the circumstances in which exemplary damages can be awarded, was by reason of that phrase or otherwise either intended to, or on its proper construction did, enlarge considerably the number of causes of action in which claims to such damages can be maintained. In this behalf I have in mind actions for trover and detinue as well as deceit as instances in which such awards have not previously been made: in particular as regards actions for deceit it would open the door to a flood of claims under that novel head, and that, moreover, despite the fact that in most cases that Theft Act, 1968, provides for the punishment of those who obtain property by fraud.’

Judges:

Sachs, Widgery LJJ, Plowman J

Citations:

[1970] 1 QB 548, [1969] 3 All ER 1404

Jurisdiction:

England and Wales

Citing:

Applied – 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 by:

Cited – Cassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 31 July 2022; Ref: scu.223202

Burnside and Another v Emerson and Others: CA 1968

The plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of drainage (except in one respect) but whose employees had failed to keep it clear so that it operated efficiently.
Held: At common law it was the duty of the inhabitants of a parish to put and keep its highways ‘in such good repair as renders it reasonably passable for the ordinary traffic of the neighbourhood at all seasons of the year without danger caused by its physical condition.’ Standing water on a road whether or not the result of occasional flooding did not itself show a failure to maintain the highway by the authority.
Lord Justice Diplock said: ‘The duty of maintenance of a highway which was, by section 38(1) of the Highways Act, 1959, removed from the inhabitants at large of any area, and by section 44(1) of the same Act was placed on the highway authority, is a duty not merely to keep a highway in such a state of repair as it is at any particular time, but to put it in such good repair as renders it reasonably passable for the ordinary traffic of the neighbourhood at all seasons of the year without danger caused by its physical condition. I take most of those words from the summing-up of Blackburn J. in a case in 1859, Reg. v. Inhabitants of High Halden , ‘Non-repair’ has the converse meaning. Repair and maintenance thus includes providing an adequate system of drainage for the road; and it was in this respect that the judge found that the highway authority in this case had failed in their duty to maintain the highway. I think that on the evidence, for the reasons given by Lord Denning M.R., he was entitled to make that finding. . . mere failure to repair gives rise to no cause of action unless the failure to repair results in a danger to the traffic using the road and damage caused to some user of the highway by the existence of that danger.’
Lord Denning: The highway authorities were never liable for non-feasance in a civil action, but the common law rule was abolished by the 1961 Act: ‘There is a duty on a highway authority to maintain the highway, and ‘maintain’ includes repair. If it is out of repair, they fail in their duty: and if damage results, they may now be made liable unless they prove that they used all reasonable care. The action involves three things: First. The plaintiff must show that the road was in such a condition as to be dangerous for traffic . . . Second: The plaintiff must prove that the dangerous condition was due to a failure to maintain which includes a failure to repair the highway. In this regard, a distinction is to be drawn between a permanent danger due to want of repair, and a transient danger due to the elements. When there are potholes or ruts in a classified road which have continued for a long time unrepaired, it may be inferred that there has been a failure to maintain. When there is a transient danger due to the elements, be it snow or ice or heavy rain, the existence of danger for a short time is not evidence of a failure to maintain. (Quoting Burgess v Northwich) So I would say that an icy patch in winter or an occasional flooding at any time is not in itself evidence of a failure to maintain. We all know that in times of heavy rain our highways do from time to time get flooded. Leaves and debris and all sorts of things may be swept in and cause flooding for a time without any failure to repair at all.
Third: If there is a failure to maintain, the highway authority is liable prima facie for any damage resulting therefrom. It can only escape liability if it proves that it took such care as in all the circumstances was reasonable: and in considering this question, the court will have regard to the various matters set out in section 1(3) of the Act of 1961′
LordDenning went on to consider the difference between transient and systemic causes of flooding in the Burnside case: ‘The mere presence of this pool of water on that night does not by itself show a failure to maintain. It had been raining all day. The pool of water had not been very deep for very long. Mr. Bailey, a farmer, who drove along at 8 o’clock had had no difficulty. It had become deep at 9 o’clock. Later on, at 10 o’clock, the pool was there, but was going down. But the evidence did not rest merely on the presence of the pool of water. There was additional evidence which showed that this stretch of road was not kept properly drained. It was quite often flooded when there was rain. A bus-driver gave evidence. He had been going up and down the road for some years. He said the road was always flooded there after rain. Mr. Broughton, who had been chairman of the parish council for many years, said that in the old days, when there were lengthmen who walked this length of road, he used to complain to them, and they would scrape out the debris. But in recent years the lengthmen had been replaced by a gang who visited at longer intervals. He used to complain to the surveyor then when the road was flooded: but it took them a good deal longer to put it right. After this accident had occurred, the parish council themselves wrote to the local authority, saying: ‘At a recent parish meeting complaints were made regarding water lying on the main Nottingham/Melton road opposite the school and between the two gravel-pit hills. This is considered very dangerous and I was instructed to request you to deal with this hazard as soon as possible.’ To which the local authority simply said: ‘The points mentioned are being investigated.’ Yet, according to the evidence, nothing further was done.’
Approving Burnside: ‘He found that although the system which the Nottinghamshire County Council had installed was a good system and would have been sufficient if it had been carried out, nevertheless their servants failed to operate this system properly. He said they failed in three ways: (i) by failing to secure that the drain was at the lowest point (it appears that there was a dip in the road at this point. A six-inch drain had been put in. But then the highway authority had raised the road two or three inches: and when they did so, the drain had not been put at the lowest point. It had been partly obstructed by the making of the road); (ii) by failing to keep the grips or gullies in such a condition that they would take the water from the road . . .; (iii) by failing to see that the ditch was properly cleaned out so that it would take the water from the gullies. I think these findings by the judge were borne out by the evidence, and show a failure to maintain. ‘

Judges:

Lord Justice Diplock, Lord Denning MR, Lord Justice Goff

Citations:

[1968] 1 WLR 1490, [1968] 1 All ER 74

Statutes:

Highways (Miscellaneous Provisions) Act 1961

Jurisdiction:

England and Wales

Citing:

Cited – Burgess v Northwich Local Board 1880
In the context of the duty of a local parish to maintain a highway, Lindley J said: ‘An occasional flooding, even if it temporarily renders a highway impassable, is not sufficient to sustain an indictment for non-repair.’
Counsel accepted . .
Cited – Regina v Inhabitants of High Halden 1859
highhalden1859
The court considered the liability of the parish for injury arising from a failure to repair the road. The road was ‘an old soft road formed of Weald of Kent clay, and had never been repaired with hard substances’. The evidence was that in wet . .

Cited by:

Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – Thoburn v Northumberland County Council CA 19-Jan-1999
The claimant alleged that the defendant by allowing a flood across a road not to be cleared was in breach of their statutory duty under the 1980 Act.
Held: Though the blockage was not entirely on the Highway, the nature and extent of it was . .
Cited – Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others CA 27-Jul-2006
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty . .
Cited – Haydon v Kent County Council CA 1978
Impacted snow and ice had built up on a steep, narrow, made-up footpath from Monday to Thursday during a short wintry spell. The plaintiff slipped and broke her ankle. The highway authority operated a system of priorities. Their resources were fully . .
Cited – Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others CA 27-Jul-2006
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty . .
Cited – Goodes v East Sussex County Council HL 16-Jun-2000
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road.
Held: The statutory duty on a highway authority to keep a road . .
Cited – Kind v Newcastle-Upon-Tyne Council Admn 31-Jul-2001
The appellant complained that the local council had failed to maintain a highway. The road was a single track rural highway. The Crown Court allowed for the present-day character of the highway, and the appellant objected. The complainant sought to . .
Lists of cited by and citing cases may be incomplete.

Land, Torts – Other

Updated: 31 July 2022; Ref: scu.195690

Cope v Sharpe (No 2): CA 1912

The court considered defences to assault; whether the defendant was justified in doing certain acts of trespass on the plaintiff’s land for the purpose of preventing heath fire and consequent loss and damage to the property of the defendant’s master.
Held: The defendant had made out his plea of justification. The principle was ‘one of general application to justification for acts of trespass. Chasing by dogs which caused a real and present danger of serious harm to the plaintiffs animals chased constitutes an ‘attack’ entitling the owner to take effective action of prevention. The onus of proof is on the defendant to justify the preventive measure of shooting the attacking dogs. He has, by proof, to establish two propositions, but each proposition may be established in either of two ways: Proposition No 1: That at the time of shooting, the dog was either (a) actually (in the above sense) attacking the animals in question, or (b) if left at large would renew the attack so that the animals would be left presently subject to real and imminent danger unless renewal was prevented. Proposition No 2: That either (a) there was in fact no practicable means, other than shooting, of stopping the present attack or preventing such renewal, or (b) that the defendant, having regard to all the circumstances in which he found himself, acted reasonably in regarding the shooting as necessary for the protection of the animals against attack or renewed attack. (As summarised by Scott LJ n Cresswell v Sirl)
Buckley LJ: ‘They (the jury) found that the defendant’s acts were not in fact (i.e., in the result), but were in reason, necessary. I decline to go back upon the evidence. The jury have in my opinion by their findings affirmed the propositions which I have stated.
In this state of facts the question is whether, as matter of law, the defendant has justified that which in the absence of sufficient justification would be a trespass. I notice that Hamilton J. says that in his view the finding of the jury that the method adopted by the defendant was not in fact necessary is conclusive of the case. I do not agree. The test is not whether, if the defendant had not done those acts, the danger would in fact have resulted in injury. Neither is it whether the defendant believed that it would have resulted in injury. The test, I think, is whether, having regard to the rights of the sporting lessee, there was such real and imminent danger to his property as that he was entitled to act and whether his acts were reasonably necessary in the sense of acts which a reasonable man would properly do to meet a real danger.’
Kennedy LJ: ‘With parts of the judgments pronounced in the Divisional Court I agree. I agree in holding that an interference with the property or the person of another, which otherwise would certainly constitute an actionable trespass, cannot be justified by mere proof on the part of the alleged trespasser of his good intention and of his belief in the existence of a danger which he sought by his act of interference to avert, but which in fact did not exist at all.’

Judges:

Buckley LJ, Vaughan-Williams LJ

Citations:

[1912] 1 KB 496

Jurisdiction:

England and Wales

Cited by:

Explained – Cresswell v Sirl CA 1948
The defendant shot and killed the plaintiff’s dog. The plaintiff claimed damages for trespass to property, the property being the dog. The defence was that the defendant was justified in killing the dog because it was threatening his sheep.
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.

Torts – Other

Leading Case

Updated: 31 July 2022; Ref: scu.244749

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 for defamation or as an action analogous to an action for malicious prosecution or for deceit or, as in this instance, for combining or conspiring together for the purpose of injuring another: the rule of law is that no action lies against witnesses in respect of evidence prepared . . given, adduced or procured by them in the course of legal proceedings. The law protects witnesses and others, not for their benefit, but for a higher interest, namely, the advancement of public justice.’

Judges:

Rich ACJ, Starke, McTiernan and Williams JJ

Citations:

(1940) 64 CLR 130, [1940] HCA 41

Links:

Austlii

Jurisdiction:

England and Wales

Citing:

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 – 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 – Watson v M’Ewan HL 1905
A claim was brought against a medical witness in respect of statements made in preparation of a witness statement and similar statements subsequently made in court. The appellant was a doctor of medicine who had been retained by the respondent in . .

Cited by:

Approved – 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 – 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.

Commonwealth, Torts – Other

Updated: 28 July 2022; Ref: scu.567938

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.

Judges:

Gross J

Citations:

[2005] EWHC 837 (QB)

Links:

Bailii

Statutes:

Protection from Harassment Act 1997

Cited by:

See Also – 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 . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 28 July 2022; Ref: scu.347406

Smithkline Beecham Plc and Others v Avery and Others (Representing Stop Huntingdon Cruelty (‘SHAC’): QBD 26 Jun 2009

GlaxoSmithKline sought an injunction to restrain unlawful conduct by way of trespass and harassment by animal rights activists done with the aim of preventing the use of animals in medical research.
Held: The court discussed whether an order was available under the 1997 Act to protect a company. It did.
Jack J said: ‘By section 5 and schedule 1 of the Interpretation Act 1978, in a statute, unless a contrary intention appears, ‘person’ includes a body of persons corporate or unincorporated. That is the context in which section 7(5) is to be understood. Section 7(5) is necessary because otherwise there is the possibility that the sections of the Act including the new section 1(1A) could be read as covering companies who are harassed. Section 7(5) makes it clear that this is not so. By making that clear it also makes clear that it is only the victims of harassment who are so limited. So ‘person’ in section 1(1A)(c) is not limited to individuals and may be a body corporate. Thus a company may apply for an injunction pursuant to section 3A where the company falls within section 1(A)(c). The White Paper which preceded the Act made this intention very clear, but, there being no ambiguity, there is no need to refer to it. It was suggested that this construction gave rise to difficulties with section 5 and 5A. I do not think that this is so. I conclude that the corporate claimants are entitled here to claim relief under section 1(1A) of the Act.’

Judges:

Jack J

Citations:

[2009] EWHC 1488 (QB)

Links:

Bailii

Statutes:

Interpretation Act 1978, Protection from Harassment Act 1997 5(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Buxton and Others, Regina v CACD 1-Dec-2010
The defendant environmental protesters had been convicted of obstructing a railway. They now appealed against the terms of a restraining order made under the 1997 Act. They said that an order could not be made to protect a limited company.
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 28 July 2022; Ref: scu.347385

Adler v Ananhall Advisory and Consultancy Services Ltd: CA 18 Jun 2009

The parties disputed the effect of an agreement providing for commission on introduction of purchasers for a property. The client alleged fraudulent misrepresentation.

Judges:

Arden, Toulson, Goldring LJJ

Citations:

[2009] EWCA Civ 586

Links:

Bailii

Jurisdiction:

England and Wales

Agency, Torts – Other

Updated: 28 July 2022; Ref: scu.347057

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 approach to vicarious liability that an employer or principal should not be liable for acts of the servant or agent which are not performed within this limitation. The case asks whether, in a joint tort, it is sufficient to make the master liable if the acts of his servant for which he is responsible, do not in themselves amount to a tort but only amount to a tort when linked to other acts which were not performed in the course of the employee’s employment. An employer’s responsibility for his employees acts does not extend to acts which were of themselves within his employment but lawful even if those acts were associated with the unlawful acts of a third party.

Judges:

Lord Slynn of Hadley, Lord Woolf, Lord Steyn, Lord Clyde, Lord Millett

Citations:

Gazette 10-Mar-1999, Times 19-Feb-1999, [1999] UKHL 9, [2000] 1 AC 486, [1999] 1 All ER 929, [1999] 2 WLR 540

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department CA 23-Jul-1997
The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it.
Held: Where A becomes . .
Cited – Lloyd v Grace, Smith and Co HL 1912
Mrs Lloyd delivered the title deeds of her cottages at Ellesmere Port to the solicitors’ managing clerk, who defrauded her.
Held: Vicarious liability can extend to fraudulent acts or omissions if those were carried out in the course of the . .
Cited – Lumley v Gye 1853
Inducing breach of contract is a Tort
An opera singer (Miss Wagner) and the defendant theatre owner were joint wrongdoers. They had a common design that the opera singer should break her contract with the plaintiff theatre owner, refuse to sing in the plaintiff’s theatre and instead . .
Cited – McGowan and Co v Dyer 1873
Story on Agency states the general rule that the principal is liable to third persons in a civil suit ‘for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances or misfeasances, and omissions of duty of . .
Cited – Lloyd v Grace, Smith and Co HL 1912
Mrs Lloyd delivered the title deeds of her cottages at Ellesmere Port to the solicitors’ managing clerk, who defrauded her.
Held: Vicarious liability can extend to fraudulent acts or omissions if those were carried out in the course of the . .
Cited – Smith v Pywell 29-Apr-1959
There is no separate tort of procuring a third person to commit a tort, but the procurer was a joint tortfeasor with the person who actually committed it. . .
Cited – John Hudson v Oaten CA 19-Jun-1980
The plaintiff sought to avoid the 1828 Act (Lord Tenterden’s Act). Lakeview, had agreed to buy a substantial quantity of oil from them but was never in a position to do so. The plaintiffs sought their loss from the defendant, Mr. Oaten, and not . .
Cited – The Koursk CA 1924
The navigators of two ships had committed two separate torts or one tort in which they were both tortfeasors.
Held: Three situations were identified where A might be jointly liable with B for B’s tortious act. Where A was master and B servant; . .
Cited – Amstrad Consumer Electronics Plc v British Phonographic Industry Limited CA 29-Oct-1985
Amstrad sought a declaration that their retailing of equipment with two cassette decks was not unlawful. A declaration was not granted because Amstrad might be guilty of a criminal offence. However in the absence of any evidence that Amstrad was . .
Cited – CBS Songs Ltd v Amstrad Consumer Electronics Plc HL 12-May-1988
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users.
Held: Amstrad could only . .

Cited by:

Cited – Dubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Employment, Torts – Other

Updated: 28 July 2022; Ref: scu.80794

Smithies v National Association of Operative Plasterers: CA 1909

It was no defence to a claim for inducing breach of contract brought by employers against a trade union for sanctioning a strike that the defendant trade union had acted in the honest belief that the employers against whom action was taken were not intending to comply with a collective agreement. Their good faith was no defence.

Judges:

Vaughan Williams LJ, Kennedy LJ

Citations:

[1909] 1 KB 310

Jurisdiction:

England and Wales

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

Updated: 28 July 2022; Ref: scu.229817

Gillespie Bros and Co Ltd v Roy Bowles Transport Ltd: CA 1973

The court looked at how it should construe the Canada Steamship guidelines with regard to an exemption clause absolving one party of responsibility for negligence. There was a express reference to negligence by the words ‘save harmless and keep . . indemnified against all claims or demands whatsoever.’
Held: Buckley LJ said: ‘It is however a fundamental consideration in the construction of contracts of this kind that it is inherently improbable that one party to a contract would intend to absolve the other party to the contract from the consequences of the latter’s own negligence. The intention to do so must therefore be made perfectly clear, for otherwise the court will conclude that the exempted party was only to be free from liability in respect of damage occasioned by causes other than negligence for which he is answerable.’ and ‘The nature of any claim is essentially linked with and dependent on the cause from which it arises, and any indemnity extending in express terms to all claims and demands of whatsoever kind must, in my opinion, extend to all claims and demands however caused, including claims for negligence’.

Judges:

Buckley, Denning LJJ

Citations:

[1973] QB 400, [1973] 1 Lloyds Rep 10

Jurisdiction:

England and Wales

Citing:

Cited – Canada Steamship Lines Ltd v The King PC 21-Jan-1952
A lease of a freight shed exonerated the lessor from ‘any claim . . for . . damage . . to . . Goods . . being . . in the said shed’ and requiring the lessee to indemnify the lessor ‘from and against all claims’. The negligent use of an oxy-acetylene . .

Cited by:

Cited – Tuck v Vehicle Inspectorate Admn 24-Mar-2004
The defendant appealed a conviction for exceeding the gross permitted weight on a goods vehicle. The magistrates having heard the case, the defendant submitted there was no case to answer, the prosecution having failed to bring evidence as to the . .
Cited – Stent Foundations Ltd v M J Gleeson Group Plc TCC 9-Aug-2000
The defendant company sought to rely upon an exemption clause.
Held: Applying standard rules for contract interpretation, the exemption clause was to be construed against the one proposing it. At best the clause was ambiguous, and the . .
Cited – Smith v UMB Chrysler (Scotland) Ltd HL 9-Nov-1977
The principles set out in Canada Steamship apply to ‘clauses which purport to exempt one party to a contract from liability’. The principles should be applied without ‘mechanistic construction’.
Lord Keith of Kinkel said: The tests were . .
Cited – HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 28 July 2022; Ref: scu.195679

N v Secretary of State for The Home Department: QBD 10 Oct 2014

‘The claimant, a national of Uganda, claims damages for unlawful immigration detention and for misfeasance in public office. The unlawful detention claim relates to the period from 12 July 2012 to 26 September 2012, the claimant’s case being that she should not have been detained because there was independent evidence that she was a victim of torture, rendering her detention contrary to the defendant’s published policy. The defendant, the Home Secretary, denies that there was independent evidence of torture in the claimant’s case. !

Judges:

Phillips J

Citations:

[2014] EWHC 3304 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Immigration

Updated: 26 July 2022; Ref: scu.537520