Category: Torts – Other

F v West Berkshire Health Authority: CA 3 Feb 1989

An application was made for a declaration that a proposed sterilisation of an adult woman who could not give consent would be lawful.
Held: It would not.
Lord Donaldson of Lymington MR: ‘Just as the law and the courts rightly pay great, but not decisive, regard to accepted professional wisdom in relation to the duty of care in the law of medical negligence (the Bolam test), so they equally would have regard to such wisdom in relation to decisions whether or not and how to treat incompetent patients in the context of the law of trespass to the person. However, both the medical profession and the courts have to keep the special status of such a patient in the forefront of their minds. The ability of the ordinary adult patient to exercise a free choice in deciding whether to accept or to refuse medical treatment and to choose between treatments is not to be dismissed as desirable but inessential. It is a crucial factor in relation to all medical treatment. If it is necessarily absent, whether temporarily in an emergency situation or permanently in a case of mental disability, other things being equal there must be greater caution in deciding whether to treat and, if so, how to treat, although I do not agree that this extends to limiting doctors to treatment upon the necessity for which there are ‘no two views’ (per Wood J. in T. v. T. [1988] Fam. 52, 62). There will always or usually be a minority view and this approach, if strictly applied, would often rule out all treatment. On the otherhand, the existence of a significant minority view would constitute a serious contra-indication.’
Neill LJ: ‘I have therefore come to the conclusion that, if the operation is necessary and the proper safeguards are observed, the performance of a serious operation, including an operation for sterilisation, on a person who by reason of a lack of mental capacity is unable to give his or her consent is not a trespass to the person or otherwise unlawful.
It therefore becomes necessary to consider what is meant by ‘a necessary operation.’ In seeking to define the circumstances in which an operation can properly be carried out Scott Baker J. said this: ‘I do not think they are liable in battery where they are acting in good faith and reasonably in the best interests of their patients. I doubt whether the test is very different from that for negligence.
With respect, I do not consider that this test is sufficiently stringent. A doctor may defeat a claim in negligence if he establishes that he acted in accordance with a practice accepted at the time as proper by a responsible body of medical opinion skilled in the particular form of treatment in question. This is the test laid down in Bolam v. Friern Hospital Management Committee [1957] 1 W.L.R. 582. But to say that it is not negligent to carry out a particular form of treatment does not mean that that treatment is necessary. I would define necessary in this context as that which the general body of medical opinion in the particular specialty would consider to be in the best interests of the patient in order to maintain the health and to secure the well-being of the patient. One cannot expect unanimity but it should be possible to say of an operation which is necessary in the relevant sense that it would be unreasonable in the opinion of most experts in the field not to make the operation available to the patient. One must consider the alternatives to an operation and the dangers or disadvantages to which the patient may be exposed if no action is taken. The question becomes: What action does the patient’s health and welfare require?’

Judges:

Lord Donaldson of Lymington MR, Neill L.J, Butler-Sloss L.J

Citations:

Unreported 3 Feb 1989

Jurisdiction:

England and Wales

Cited by:

Appeal from – F v West Berkshire Health Authority HL 17-Jul-1990
The parties considered the propriety of a sterilisation of a woman who was, through mental incapacity, unable to give her consent.
Held: The appeal succeeded, and the operation would be lawful if the doctor considered it to be in the best . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Health Professions

Updated: 26 July 2022; Ref: scu.250057

Metal und Rohstoff AG v Donaldson Lufkin and Jenrette Inc: CA 27 Jan 1989

The claimants sued for negligent advice and secured judgment. The defendant company became insolvent, and so the plaintiff now sued the US parent company alleging conspiracy. The court considered a tort of malicious prosecution of a civil claim, saying the plaintiff must establish that the defendant had instigated ‘without reasonable and probable cause’, but then lost the previous proceedings and have been actuated by malice, and have suffered damage. The court doubted the general existence of the tort.
No action lies, save for very limited exceptions in the nature of abuse of process, for recompense for damage caused by litigation itself. Slade LJ considered the notion of a constructive trust: ‘No satisfactory definition of a constructive trust has yet been enunciated, and perhaps none ever will be; for the concept is still uncertain and the boundaries obscure . . Nevertheless, as appears from . . Snell, there are, among others, at least three well-established categories of constructive trust. A person receiving property which is already subject to a trust becomes a constructive trustee thereof either (1) if he receives the trust property with actual or constructive notice that it is trust property and that the transfer to him is in breach of trust (which we will call a ‘receipt of property constructive trust’) or (2) if, after receiving it, otherwise than as a purchaser for value without notice of the trust, he acquires notice of the trust and thereafter deals with it in a manner inconsistent with the trust (which we will call a ‘wrongful dealing constructive trust’), and (3) a person who does not actually himself receive the trust property, may also be treated as a constructive trustee if, . . he assists with knowledge a fraudulent design on the part of the trustees.’
Slade LJ said: ‘Although we have not heard full argument on this point, we have great doubt whether any general tort of maliciously instituting civil proceedings exists. The courts have countenanced claims by a plaintiff complaining of a malicious and unjustified arrest or of malicious and unjustified institution of bankruptcy or liquidation proceedings, but the cases have not (to our knowledge) gone beyond these limited categories. There are dicta suggesting that in the case of an ordinary civil action, however maliciously and unjustifiably brought, the successful defendant has no cause of action in tort.’

Judges:

Slade, Stocker and Bingham LJJ

Citations:

[1990] 1 QB 391, Gazette 04-Oct-1989, [1989] 3 All ER 14, [1989] 3 WLR 563

Jurisdiction:

England and Wales

Citing:

Cited – Lonrho Ltd v Shell Petroleum Co Ltd (No 2) HL 1-Apr-1981
No General Liability in Tort for Wrongful Acts
The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, . .
Appeal from – Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc and another QBD 29-Mar-1988
The plaintiff had suffered damage when given negligent advice. It obtained a judgment but the company became insolvent, and it now sought to sue the US parent company in conspiracy. The defendant said that to establish conspiracy it was necessary . .

Cited by:

Cited – Balkanbank v Naser Taher and Others QBD 13-Feb-1995
The plaintiff had obtained a worldwide Mareva injunction, giving an undertaking for damages. On its discharge, the defendants sought to make a counterclaim. The defendant company and its subsidiaries sought to counterclaim for their damages suffered . .
Cited – Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2) CA 23-May-2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through . .
Cited – Islamic Republic of Pakistan v Zardari and others ComC 6-Oct-2006
The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings . .
Cited – Gregory v Portsmouth City Council CA 5-Nov-1997
The plaintiff councillor had been disciplined by the defendant for allegations. The findings were later overturned, and he now sought damages alleging malicious prosecution.
Held: The categories of malicious prosecution are closed, and it was . .
Applied – Kitechnology BV v Unicor GmbH CA 1995
The plaintiffs owned confidential information relating to novel plastic coated pipes; the defendants were German companies and individuals domiciled in Germany, who it was alleged had used the plaintiffs’ confidential information. One issue the . .
Cited – Google Inc v Vidal-Hall and Others CA 27-Mar-2015
Damages for breach of Data Protection
The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 26 July 2022; Ref: scu.200497

Alvarez v Moor and Another: QBD 15 Jul 2019

The claimant, Mr Alvarez, sues for damages or recovery of approximately 2.31 million US dollars ($), plus interest, which he placed in the hands of the third defendant (Shatton) for investment. The money was nearly all lost to Mr Alvarez. He alleges that he was induced by fraudulent statements from the defendants to entrust his money to Shatton and that the defendants dishonestly conspired and contrived to misappropriate it for Shatton’s use and that Shatton invested most of it into a fund from which it disappeared.

Judges:

Kerr J

Citations:

[2019] EWHC 1774 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 25 July 2022; Ref: scu.639724

HRH Emere Godwin Bebe Okpabi and Others v Royal Dutch Shell Plc and Another: TCC 26 Jan 2017

Claims for damages arising from failures in oil pipeline management in Nigeria.

Citations:

[2017] EWHC 89 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At FTT – Ogale Community and Others v Royal Dutch Shell Plc and Another CA 14-Feb-2018
The claimants sought damages after widescale historic damage to areas of Nigeria by subsidiaries of the defendant. The defendant said that the court did not have jurisdiction to hear such a claim.
Held: The claimants had not established the . .
At FTT – Okpabi and Others v Royal Dutch Shell Plc and Another SC 12-Feb-2021
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Land

Updated: 25 July 2022; Ref: scu.573402

BUQ v HRE: QBD 7 May 2015

The claimant had employed the defendant, eventually dismissing him and obtaining orders to restrain disclosure of various private matters. After the Employment Tribunal dismissed the defendants clais, the claimant sought damages. The defendant alleged in answer that certain of the claims were false.
Held: The defence against the injunction was, in the light of the ET findings, hopeless. However certain elements could not be resolved without further investigation, and on the defendantcorrecting his pleadings might proceed to trial.

Judges:

Warby J

Citations:

[2015] EWHC 1272 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 25 July 2022; Ref: scu.546417

QEB Metallics Ltd v Peerzada and Others: ChD 22 Dec 2009

Action against three defendants allegedly involved in a scheme to defraud Her Majesty’s Revenue and Customs of some andpound;2,141,510.80 by way of a VAT fraud. The claimant is a company, QEB Metallics Ltd (‘QEB’), said to be the central vehicle for the fraud. The company’s liquidators sought recovery from directors.

Judges:

Judge Kaye QC

Citations:

[2009] EWHC 3348 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Company, Torts – Other

Updated: 25 July 2022; Ref: scu.401901

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 images.
Held: The warrant had been obtained without proper consideration of the question of whether any of the material may be subject to legal professional privilege. The search warrants were unlawful.

Judges:

Richards LJ, Owen J

Citations:

[2009] EWHC 942 (Admin), (2009) 173 JP 31

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 8

Cited by:

See Also – 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 . .
Cited – Fitzpatrick and Others v The Commissioner of Police of The Metropolis QBD 11-Jan-2012
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 25 July 2022; Ref: scu.343064

Alliance and Leicester Building Society v Edgestop: ChD 1993

The court refused to allow the defendants to amend their defence so as to rely upon the second limb of the definition of fault in the 1945 Act as grounds for reducing a claim for deceit.

Judges:

Mummery J

Citations:

[1994] 2 EGLR 229, [1993] 1 WLR 1462

Statutes:

Law Reform (Contributory Negligence) Act 1945

Jurisdiction:

England and Wales

Torts – Other, Litigation Practice

Updated: 25 July 2022; Ref: scu.251377

Winkworth v Christie, Manson and Woods Ltd: ChD 1980

The right to sue in conversion at common law is available to a person who is entitled at the time of the conversion to the immediate possession of the goods.
Slade J discussed the applicability of the law of renvoi in an international dispute about the ownership of goods.

Judges:

Slade J

Citations:

[1980] Ch 496

Jurisdiction:

England and Wales

Cited by:

Cited – Iran v Berend QBD 1-Feb-2007
The Republic of Iran sought the return of a fragment of ancient Achaemenid relief in the possession of the defendant, saying that it was part of an ancient monument. The defendant said that she had bought it properly at an auction in Paris. The . .
Lists of cited by and citing cases may be incomplete.

International, Torts – Other

Updated: 25 July 2022; Ref: scu.442756

SO v Hsbc Bank Plc and Another: CA 3 Apr 2009

Etherton LJ held that ultimately the decision as to whether there is vicarious liability ‘is a conclusion of law based on primary facts rather than a simple question of fact’.

Judges:

Sir Anthony Clarke MR, Keene, Etherton LJJ

Citations:

[2009] EWCA Civ 296, [2009] 1 CLC 503, [2009] Lloyds Rep FC 338

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At ComC – HSBC Bank Plc v 5th Avenue Partners Ltd and Others ComC 7-Dec-2007
The claimants sought damages from the defendant bank, saying that they had been induced by a fraudster to pay money into accounts at the bank, and claimed in dishonest assistance. . .
See Also – HSBC Bank Plc v 5th Avenue Partners Ltd and others ComC 21-Feb-2008
. .
Leave – HSBC Bank Plc v 5th Avenue Partners Ltd and others CA 6-Jun-2008
Renewed application for leave to appeal. . .

Cited by:

Cited – Reynolds v Strutt and Parker LLP ChD 15-Jul-2011
The defendant had organised a team bonding day, including a cycling event. The claimant employee was severely injured falling from his cycle. He said that the defendant had been engligent in not providing cycling helmets. The circuit hosting company . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Vicarious Liability

Updated: 24 July 2022; Ref: scu.341243

McLeod v The United Kingdom: ECHR 23 Sep 1998

A Police Officer assisting in recovery of items ordered to be returned in matrimonial proceedings acted in excess of his powers and trespassed in entering house where there was no immediate threat of breach of the peace, and no sight of disorder. An interference with private life by the police must be objectively justified under Art 8.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Not necessary to examine P1-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings

Citations:

Times 01-Oct-1998, 72/1997/856/1065, 24755/94, [1998] ECHR 92, (1998) 27 EHRR 493, [1998] ECHR 92

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Giles, Regina (on the Application of) v Parole Board and Another HL 31-Jul-2003
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. . .
Cited – Keegan v United Kingdom ECHR 18-Jul-2006
The claimant had been the subject of a raid by armed police on his home. The raid was a mistake. He complained that the English legal system, in rejecting his claim had not allowed him to assert that the police action had been disproportionate.
Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Torts – Other

Updated: 24 July 2022; Ref: scu.165663

Favor Easy Management Ltd and Another v Wu (Aka Lisa Wu) and Others: ChD 29 Jul 2011

The claimant company alleged a fraud by the defendant in the transfer and charging of properties in London.

Judges:

Norris J

Citations:

[2011] EWHC 2017 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Favor Easy Management Ltd and Another v Wu and Another CA 21-Nov-2012
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 24 July 2022; Ref: scu.442446

Takitota v the Attorney General and others: PC 18 Mar 2009

(Bahamas) The applicant a tourist had been wrongfully detained in appalling conditions in the Bahamas for over eight years after he lost his documents. He now appealed against an award of $500,000 dollars compensation.
Held: ‘it would not be appropriate to make an award both by way of exemplary damages and for breach of constitutional rights. When the vindicatory function of the latter head of damages has been discharged, with the element of deterrence that a substantial award carries with it, the purpose of exemplary damages has largely been achieved. ‘ The figure for exemplary damages should not be disturbed. The main award was however miscalculated. Where an award represented past losses, it was wrong to discount it for the receipt of a capital sum. The Board would not substitute its own calculation, and therefore remitted the question.

Judges:

Lord Phillips of Worth Matravers, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2009] UKPC 12

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Inniss v The Attorney General of Saint Christopher and Nevis PC 30-Jul-2008
(Saint Christopher and Nevis) . .
Cited – Merson v Cartwright, The Attorney General PC 13-Oct-2005
(Bahamas) The defendant police had appealed the quantum of damages awarded to the claimant for assault and battery and false imprisonment and malicious prosecution, saying that she had been doubly compensated. The claimant now appealed reduction of . .
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. . .
Cited – Attorney General of Trinidad and Tobago v Ramanoop PC 23-Mar-2005
(Trinidad and Tobago) A police officer had unjustifiably roughed up, arrested, taken to the police station and locked up Mr Ramanoop, who now sought constitutional redress, including exemplary damages. He did not claim damages for the nominate torts . .
Cited – Thompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .
Cited – Subiah v The Attorney General of Trinidad and Tobago PC 3-Nov-2008
(Trinidad and Tobago) The Board considered the extent of damages for infringement of the claimant’s constitutional rights. He had been on board a bus. He complained when a policeman was allowed not to buy a ticket. The same constable arrested him as . .

Cited by:

Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 23 July 2022; Ref: scu.322752

Moriarty v Brooks: ExcC 8 Dec 1834

If, in an action for an assault, the defendant plead that he was possessed of a public house, in which the plaintiff was making a disturbance, and that, the plaintiff refusing to depart, the defendant laid hands on him, and turned him out. This plea is proved, if it be shewn. that, in consequence of the plaintiff refusing to go, the defendant assaulted him, with a view of turning him out of the house, though in fact the defendant could not succeed in actually turning the plaintiff out. If A. comes up to attack B., and B puts himself into a fighting attitude to defend himself, this is not an asault by B., and will not, in an action by B. against A for an assault, support a plea by A. of son assault demesne. In criminal cases the definition of a wound is, an injury to the person, by which the skin is broken. A defendant’s counsel, in addressing the jury, has no right to say to the jury that he shall call witnesses, unless they inform him that they are satisfied that the defendant is entitled to a verdict as the case stands, he must either call his witnesses, or close his case without saying anything about them.
Lord Lyndhurst CB said: ‘If the violence which occurred took place in an endeavour by the defendant to turn the plaintiff out of the house, the third plea is proved. However, this plea does not profess to justify any wounding; therefore, if there was a wound, the plaintiff is entitled to recover for that. It is proved that the plaintiff was cut under the eye, and that it bled; and I am of opinion that that is a wound. If you think that the assault was not committed in an endeavour to turn the plaintiff out of the house, the justification entirely fails.’

Judges:

Lord Lyndhurst CB

Citations:

[1834] EWHC Exch J79, [1834] EngR 1141, (1834) 6 Car and P 684, (1834) 172 ER 1419

Links:

Bailii, Commonlii

Torts – Other

Updated: 23 July 2022; Ref: scu.317817

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 identification of the proper defendant to these proceedings goes to giving the same answer. Without wanting to reach a concluded view on whether Buckingham Pub Watch is a person for the purposes of Section 6 of the Human Rights Act 1998, it seems to me in the highest degree unlikely that an entity which has, and this is according to the evidence of Mr Diston, no constitution, no finances, no fixed membership, no rules and whose decisions are binding on its members only to the extent that they treat them as binding, on which again there are no rules – that an entity of that sort can be amenable to judicial review or can be a person exercising public functions under Section 6 of the Human Rights Act. Not only is there no evidence of a collective responsibility imposed on licensees, but there is, in truth, no collective capable of being described as a decision-making body, whatever the appearance may be in terms of the documents that emanate from individuals acting apparently on behalf of the Scheme’.

Judges:

Ockleton CMG

Citations:

[2008] EWHC 2224 (Admin)

Links:

Bailii

Cited by:

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

Torts – Other, Judicial Review

Updated: 23 July 2022; Ref: scu.293925

Armstrong v Chief Constable of West Yorkshire Police: CA 5 Dec 2008

The Chief Constable appealed against a finding that the claimant had been arrested for rape without reasonable grounds. A description of the rapist had been given which the claimant met in several respects, but from which he clearly differed in others. The appellant suggested that the judge had applied too strict a test.
Held: The appeal succeeded. Though the judge had correctly stated the law, he had not correctly applied it to the facts, and had applied a too severe test for the reasonableness of the officer’s suspicions.

Judges:

Arden, Hallett LJJ, Blackburne J

Citations:

[2008] EWCA Civ 1582

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Dumbell v Roberts CA 1944
The court discussed the nature of reasonable grounds for suspicion for an arrest. The threshold for the existence of reasonable grounds for suspicion is low, and the requirement is limited. Scott LJ said: ‘The protection of the public is safeguarded . .
Cited – Hussien v Chong Fook Kam PC 7-Oct-1969
(Malaysia) The Board considered the propriety of an arrest by the police. Lord Devlin said: ‘An arrest occurs when a police officer states in terms that he is arresting or when he uses force to restrain the individual concerned. It occurs also when . .
Cited – O’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
Cited – Hough v Chief Constable of Staffordshire Police CA 14-Feb-2001
Where a constable arrested someone based upon information on the police national computer, he was not to be held accountable for wrongful arrest and false imprisonment, if the information upon which that had in turn been based, did not justify the . .
Cited – Commissioner of Police of the Metropolis v Raissi CA 12-Nov-2008
The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now . .
Cited – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
Cited – Cumming and others v Chief Constable of Northumbria Police CA 17-Dec-2003
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 23 July 2022; Ref: scu.291907

Regina on the Application of PW v Commissioner of Police for the Metropolis, The London Borough of Richmond-Upon-Thames: Admn 20 Jul 2005

W, a child of 14 sought judicial review of an order to remove persons under the age of 16 from dispersal areas in Richmond.
Held: The issue was whether the power given to police to remove youths was permissive or coercive. The power given ‘is exercisable whenever a person who is believed on reasonable grounds to be under 16 years of age is found between the hours of 9pm and 6am in a dispersal area and the criteria set out in s 30(6)(b) are fulfilled. There is no need for the constable (or CSO) to be satisfied that the child would otherwise be likely to suffer significant harm. ‘ The power given to the police is a power to take them home. ‘Section 30(6) merely confers on the police a very welcome express power to use police resources to take such a person home if he is willing to be taken home. ‘ That power does not include a power to remove a child without his consent. A power to do what would otherwise be tortious behaviour would require clear words, which had not been used.

Judges:

Brooke LJ, Mitting J

Citations:

Times 21-Jul-2005, [2005] 1 WLR 3706, [2005] EWHC 1586 (Admin), [2005] 3 All ER 749

Links:

Bailii

Statutes:

Anti-Social Behaviour Act 2003 30 31, Children Act 1989 46

Jurisdiction:

England and Wales

Citing:

Cited – Morris v Beardmore HL 1981
Parliament does not intend to authorise tortious conduct except by express provision. It is not for the courts to alter the balance between individual rights and the powers of public officials. The right of privacy is fundamental.
Lord Scarman . .
Cited – Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
Cited – B (A Minor) v Director of Public Prosecutions HL 23-Feb-2000
Prosecution to prove absence of genuine belief
To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must . .
See Also – W, Regina (on the Application Of) v Commissioner of Police for the Metropolis and others Admn 20-Jul-2005
. .

Cited by:

Cited – Singh and others v Chief Constable of West Midlands Police QBD 4-Nov-2005
A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their . .
Appeal from – Regina (W) v Commissioner of Police of the Metropolis and Another CA 11-May-2006
The Commissioner appealed against a declaration that an authorisation given for creation of a dispersal area was unlawful.
Held: The proceedings appeared at first to be merely hypothetical, but the issue as to whether a police officer had use . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 23 July 2022; Ref: scu.228925

BVG v LAR: QBD 21 Apr 2020

Application by the Claimant to strike out the defence or, alternatively, for summary judgment to be entered in the Claimant’s favour and for a permanent injunction.
Held: Summary judgment given. It was not necessary to resolve all the factual issues before concluding with ‘no hesitation’ that the claimant’s privacy rights would ‘far outweigh’ the free speech rights relied on by the defendant.

Judges:

Mr Justice Nicol

Citations:

[2020] EWHC 931 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – HRH The Duchess of Sussex v Associated Newspapers Ltd ChD 11-Feb-2021
Defence had no prospect of success – Struck Out
The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.
Held: Warby J . .
Lists of cited by and citing cases may be incomplete.

Information, Torts – Other

Updated: 23 July 2022; Ref: scu.650199

Palisetty v Secretary of State for The Home Department: QBD 21 Jul 2014

The claimant said that she had been wrongfully removed to India, and sought damages.
Held: Slade DBE J said: ‘On the evidence on which the immigration officers acted and that which would have been available to them at the time, I find that they were justified in detaining the Claimant for examining her on arrival at Heathrow on 28 December 2011. However on the material before the immigration officers and that which was available at or around 28 December 2011, the Defendant was not justified in inferring that the purpose of the Claimant in seeking to re-enter the United Kingdom was not to study but to work as a nanny. The Defendant has failed to satisfy the burden of proof on her to establish that the detention of the Claimant after examining her was justified.’

Judges:

Slade DBE J

Citations:

[2014] EWHC 2473 (QB)

Links:

Bailii

Statutes:

Immigration Act 1971

Jurisdiction:

England and Wales

Immigration, Torts – Other

Updated: 23 July 2022; Ref: scu.535134

Tarn Insurance Services Ltd v Kirby and others: CA 27 Jan 2009

Claim by company in administration against former directors for excess payments alleged to have been taken by them. There was now alleged a wilful failure to comply wih court orders for disclosure..
Held: Once non-compliance with an unless order was established, what is required in order to grant relief from sanctions is a material change in circumstances: ‘to relieve someone against such a default was sending ‘entirely the wrong message to those who face allegations of fraud’, and ‘In a case of deliberate and persistent non-compliance with orders to provide information and deliver documents made in order to safeguard proprietary claims, a proper administration of justice requires that, save in very exceptional circumstances, sanctions imposed should take effect. There were no exceptional circumstances in the present case.’

Judges:

Waller LJ VP, Thomas LJ, Sir John Chadwick

Citations:

[2009] EWCA Civ 19, [2009] CP Rep 22

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Applied – Thevarajah v Riordan and Others ChD 9-Aug-2013
The court was asked first whether the defendants had complied with an unless order made with respect to the disclosure of information required to be provided in aid and in order to ensure the proper release of a freezing order which had previously . .
Cited – Thevarajah v Riordan and Others ChD 10-Oct-2013
The court allowed the application of the first, second and fourth respondents for relief from sanction under CPR 3.9. . .
Cited – Thevarajah v Riordan and Others CA 16-Jan-2014
Defendants appealed against an order allowing the application of the first, second and fourth respondents for relief from sanction under CPR 3.9. The relief sought had previously been refused by Hildyard J, so this was the respondents’ second . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Company, Litigation Practice, Torts – Other

Updated: 22 July 2022; Ref: scu.280416

Allen v London Borough of Southwark: CA 12 Nov 2008

The claimant appealed against a strike out of his claim for harrassment after being subjected to five sets of possession proceedings by the defendant, each of which relied upon the same bad point.
Held: The Court refused to strike out a claim for harassment by a tenant who (in the circumstances set out in the judgment) had been the victim of a number of wrongly issued possession proceedings. ‘Actionable statutory harassment under the 1997 Act includes any course of conduct (involving at least two episodes) which objectively cause harm or distress – sections 1,3. This can include the taking of legal proceedings.’ The court emphasised that what might be harrassment was substantially a factual question particular to each situation, and that at a trial, the respondent could yet provide an explanation.

Judges:

Pill LJ, Arden J, Longmore LJ

Citations:

[2008] EWCA Civ 1478

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 1

Jurisdiction:

England and Wales

Cited by:

Cited – Cheltenham Borough Council v Laird QBD 15-Jun-2009
The council sought damages saying that their former chief executive had not disclosed her history of depressive illness when applying for her job.
Held: The replies were not dishonest as the form could have been misconstrued. The claim failed. . .
Cited – Veakins v Kier Islington Ltd CA 2-Dec-2009
The claimant alleged that her manager at work had harassed her. The court, applying Conn, had found that none of the acts complained of were sufficiently serious to amount to criminal conduct, and had rejected the claim.
Held: The claimant’s . .
Cited – Ferguson v British Gas Trading Ltd CA 10-Feb-2009
Harassment to Criminal Level needed to Convict
The claimant had been a customer of the defendant, but had moved to another supplier. She was then subjected to a constant stream of threatening letters which she could not stop despite re-assurances and complaints. The defendant now appealed . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 22 July 2022; Ref: scu.279978

Boyd and Forrest v GWSR Co: HL 16 May 1912

The parties had contracted for the construction of an embankment to support a railway track. The pursuers now said that they had been induced to enter the contract by means of fraudulent misrepresentation as to the results of borings at the site. The Court was now asked whether the fraud had been proved.
Held: The appeal succeeded. The fraud had not been made out: ‘so far from not knowing or caring whether the statements contained in the journal were true or false, he was, anxious to state the truth, and took such means as he honestly considered sufficient for the very purpose of ascertaining what the truth was so that he might set it forth with accuracy.’

Judges:

Lord Atkinson

Citations:

[1912] UKHL 5, 1912 SC (HL) 93, 1912 1 SLT 476

Links:

Bailii

Cited by:

At HL – Boyd and Forrest v GWSR Co SCS 7-Mar-1914
The pursuers’ case is that they were led to enter into a contract with the defenders to execute certain works of construction of a railway for a lump sum, and that they were led to tender to do the work for a certain price, by the other party, the . .
At HL (1) – Boyd and Forrest v Glasgow and South-Western Railway Co HL 11-Jan-1915
The issuing of an instruction was not a condition precedent to entitlement to payment in a construction contract. . .
Lists of cited by and citing cases may be incomplete.

Contract, Scotland, Torts – Other

Updated: 22 July 2022; Ref: scu.279665

M’Elroy v M’Allister: SCS 4 Nov 1948

The court rejected the renvoi doctrine in tort. An act done in a foreign country was actionable in Scotland only if it was, if done in Scotland, a tort, and was also actionable according to the law of the place in which it was done.

Citations:

[1948] ScotCS CSIH – 4, 1949 SC 110, 1949 SLT 139

Links:

Bailii

Cited by:

Cited – Cox v Ergo Versicherung Ag SC 2-Apr-2014
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court . .
Lists of cited by and citing cases may be incomplete.

Scotland, Torts – Other, International

Updated: 22 July 2022; Ref: scu.279401

First Global Locums Ltd and others v Cosias: QBD 7 Jun 2005

‘On an application made without notice to the defendant on 16 September 2004, Mr Justice Simon granted an order restraining the defendant (a) pursuant to the Protection of Harassment Act 1997 from acting in relation to the claimants in a number of respects and (b) from acting in breach of certain post termination covenants in his contract of employment with the first claimant.
The original order was continued with some variations by further orders and a speedy trial was ordered to take place. The trial took place between 11 and 14 April 2005 and requires the determination of the issue whether the interim orders given in the action were correctly made and in particular whether (a) the restraints pursuant to the Prevention of Harassment Act 1997 should be continued with liberty to apply, and (b) whether the restraints, imposed in respect of the post-determination restrictive covenants in his employment contract, were correctly made.’

Judges:

Bernard Livesey QC

Citations:

[2005] EWHC 1147 (QB)

Links:

Bailii

Statutes:

Protection of Harassment Act 1997

Jurisdiction:

England and Wales

Torts – Other

Updated: 21 July 2022; Ref: scu.278573

Richardson v Silvester: 1873

An advertisement was placed in the press offering a farm house to let when the advertiser had no authority to let it.
Held: The action gave rise to an action in deceit founded on the implied representation that he did have authority.
Blackburn J: ‘I think, in the present case, on the face of the particulars, especially when amended as proposed, a cause of action was disclosed. It must be taken upon the statement of the plaintiff that the advertisement was issued some indirect motive, and that the farm was not to be let. This amounts to a false representation. It was a false statement knowingly made and published in order to be read by persons who would be likely to be tenants of farms, and the natural consequence would be that the person who was desirous of becoming a tenant would, upon reading the advertisement, incur expense in looking at the farm. This, it is alleged, is what the plaintiff did. It must also be taken that this was a representation made to the plaintiff.’
Quain J: ‘I think the particulars disclose a cause of action, which ought to have been heard on the merits. They in effect allege the plaintiff falsely, and well knowing he had no authority to sell the farm, represented that he had, and published an advertisement to that effect. It is quite clear that all persons who were likely to take a farm, or might be reasonably contemplating taking a farm, acting upon that advertisement, and incurring expense in consequence of that false representation, have a remedy by action for deceit. It appears to me that the particulars and the amendment do disclose a cause of action for deceit; and under such circumstances I think the judge ought to have heard the case, and the case should be sent back to him to be further heard.’

Judges:

Blackburn J, Quain J, Archibald J

Citations:

(1873) LR IX QB 34

Jurisdiction:

England and Wales

Cited by:

Cited – Advanced Industrial Technology Corporation Ltd v Bond Street Jewellers Ltd CA 4-Jul-2006
The claimant left a valuable necklace with the defendant jewellers for sale. The jewellers fell into financial difficulties, and the director gave the necklace as security for a loan to the company. The jeweller failed to maintain payments on the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 21 July 2022; Ref: scu.242991

Worcestershire County Council v Newman: QBD 1974

A complaint had been made to the magistrates that the authority had failed in its duty to repair pathways. The paths were crossed by fencing, by barbed wire, and vegetation had grown.

Judges:

Cairns LJ

Citations:

[1974] 2 All ER 867

Jurisdiction:

England and Wales

Cited by:

Appeal from – Hereford and Worcester County Council v Newman CA 1975
The council had been found responsible by the magistrates for allowing footpaths to be ‘out of repair’. The paths were unusable for various reasons including having a hawthorn hedge growing down the middle, and having barbed wire fencing strung . .
Lists of cited by and citing cases may be incomplete.

Land, Torts – Other

Updated: 21 July 2022; Ref: scu.237584

Banque Keyser Ullmann SA v Skandia (UK) Insurance Co Ltd: HL 1991

Banks had made loans against property which the borrower had said was valuable, and, also insurance policies against any shortfall on the realisation of the property. The borrower was a swindler and the property worthless. The insurers relied upon a fraud exception in the policies to repudiate liability. The banks discovered that the agent of their broker who had placed the insurance had, by an altogether separate fraud, issued cover notes in respect of non-existent policies for part of the risk. This had come to the knowledge of one of the insurers before a substantial part of the advances had been made. The banks claimed that the insurers were under a duty of good faith to disclose this information and that, if they had done so, the banks would have so distrusted the brokers that they would have made no advance and therefore suffered no loss.
Held: Assuming that a duty to disclose the information existed, the breach of duty did not cause the loss. The failure to inform the lenders of the broker’s fraud had induced them to think that valid policies were in place. But even if this had been true, the loss would still have happened. The insurers would still have been entitled to repudiate the policies under the fraud exception.

Judges:

Lord Templeman, Lord Jauncey of Tullichettle

Citations:

[1991] 2 AC 249, [1990] 1 QB 665, [1990] 2 All ER 947, (1990) 6 ANZ Insurance Cases 60-987, [1990] 3 WLR 364

Jurisdiction:

England and Wales

Citing:

Appeal from – Banque Keyser Ullmann SA v Skandia (UK) Insurance Co Ltd CA 1990
A loan was to be made. An agent of the borrower came to know of the fraudulent nature of the loan, but said nothing.
Held: A failure to disclose a known fraud may itself amount to a misrepresentation, but nondisclosure (whether dishonest or . .

Cited by:

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 . .
Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.

Contract, Torts – Other

Updated: 21 July 2022; Ref: scu.219301

AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004

Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there is no known case involving the tort of wrongful interference with a body, and that claim failed.
As to negligence, though the primary doctor-patient relationship was with the child, ‘taking consent for a post-mortem was not just an administrative matter bringing a doctor into contact with a mother. It was . . part of the continuing duty of care owed by the clinicians to the mother following the death of a child.’

Judges:

The Honourable Mr Justice Gage

Citations:

[2004] EWHC 644 (QB), Times 12-Apr-2004, (2004) 77 BMLR 145, [2004] 2 FLR 365, [2004] 3 FCR 324, [2004] Fam Law 501, [2005] 2 WLR 358, [2005] Lloyd’s Rep Med 1, [2005] QB 50

Links:

Bailii

Statutes:

Registration of Births and Deaths Regulations 1987 41(1), Coroners Act 1988 8(1)(b), Human Tissue Act 1961

Jurisdiction:

England and Wales

Citing:

Cited – MacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
Cited – Regina v Kelly 1999
Robbers who stole and sold preserved specimens from the Royal College of Surgeons’ collection were held rightly convicted of theft. The court considered the issue of ownership of a corpse: ‘We accept that however questionable the historical origins . .
Cited – Regina v Sharpe CCCR 1857
The defendant was charged not with theft of a corpse, but of its removal from a grave: ‘Our law recognises no property in a corpse, and the protection of the grave at common law as contradistinguished from ecclesiastic protection to consecrated . .
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 – Pollok v Workman 1900
A widow sought damages for an unauthorised post mortem carried out on her husband. The act was alleged to have been criminal and in the nature of an action of assythment.
Held: The case was competent, but was dismissed for other reasons. . .
Cited – Regina v Vann 1851
A parent of a child who had not the means of providing for the burial of the body of his deceased child was not liable to be indicted for the misdemeanour of not providing for its burial, even though a nuisance was occasioned by the body remaining . .
Cited – Regina v Feist 1858
A master of a workhouse may have legal possssion of a body before burial, and therefore a duty to provide for its burial. . .
Cited – Regina v Gwynedd County Council ex parte B and Another 1992
The ambit of the 1980 act does not extend to regulating events arising after a child’s death. . .
Cited – Clarke v London General Omnibus Co Ltd 1906
The parent of an infant child who dies where the parent has the means to do so, has a responsibility to arrange and pay for the burial. . .
Cited – Hughes v Robertson 1930
The widow sought damages for an unauthorised autopsy carried out upon the body of her late husband. . .
Cited – Doodeward v Spence 1908
(High Court of Australia) The police seized from an exhibitor the body of a two headed still born baby which had been preserved in a bottle.
Held: An order was made for its return: ‘If, then, there can, under some circumstances, be a continued . .
Cited – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – Edmunds v Armstrong Funeral Home Ltd 1931
(Canada – Court of Appeal of the Alberta Supreme Court) A widower claimed damages for the unlawful carrying out of an autopsy on the body of the claimant’s deceased wife. The claim was dismissed by the judge at first instance on the ground that it . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Powell and Another v Boldaz and others CA 1-Jul-1997
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had . .
Cited – McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002
In deciding whether a duty of care is established the court must go to the ‘battery of tests which the House of Lords has taught us to use’, namely: ‘. . the ‘purpose’ test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the ‘assumption . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – Page v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
Cited – Bourhill v Young’s Executor HL 5-Aug-1942
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been . .
Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward. She was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – W v Essex County Council and Another HL 17-Mar-2000
A foster child was placed with a family. The child had a history of abusing other children, but the foster parents, who had other children were not told. The foster child caused psychiatric damage to the carers.
Held: It was wrong to strike . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Cited – A B and others v Tameside and Glossop Health Authority and Trafford Health Authority CA 13-Nov-1996
The choice of the telephone as a means of alerting and re-assuring people, who had received treatment from a health worker later found to be HIV+, was proper. The was no breach of a duty care, even though some people called had suffered distress: . .
Cited – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .
Lists of cited by and citing cases may be incomplete.

Damages, Health Professions, Torts – Other, Negligence

Updated: 21 July 2022; Ref: scu.194994

D and F Estates v Church Commissioners for England: CA 1988

The main contractor on the site subcontracted the interior plastering. Fifteen years later, the plasterwork collapsed causing injury. The plasterer had not used the plaster specified.
Held: Appeal allowed. A contractor may have contractual or statutory duty to supervise, but not necessarily in tort. A main contractor will not have responsibility in tort for failure to supervise the acts of a sub-contractor where it would be unreasonable to expect him to provide supervision.

Citations:

[1988] 2 All ER 992, [1987] CLY 3582, [1987] 1 FTLR 405

Jurisdiction:

England and Wales

Cited by:

Cited – Boyland and Son Ltd v Rand CA 20-Dec-2006
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave.
Held: The law had not changed, and section 89 could not be used to . .
Appeal from – D and F Estates v Church Commissioners for England HL 14-Jul-1988
The House considered the liability of main contractors on a construction site for the negligence of it sub-contractors.
Lord Bridge said: ‘It is trite law that the employer of an independent contractor is, in general, not liable for the . .
Lists of cited by and citing cases may be incomplete.

Construction, Torts – Other

Updated: 21 July 2022; Ref: scu.185189

Aziz v Lim: QBD 5 Apr 2012

The claimant sought damages in an alleged conversion of valuable jewelry by the defendants. The defendant said that she had sold them with the consent of the claimant and used the proceeds to pay, as directed, the claimant’s gambling debts.
Held: The defendant’s case was not accepted. The claimant’s case was clear and consistently presented and supported by much corroboration. The defendant’s case was inconsistent, and she had not attended court to support her evidence under cross examination.

Judges:

Lindblom J

Citations:

[2012] EWHC 915 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kuwait Airways Corporation v Iraqi Airways Company and Others (Nos 4 and 5) HL 16-May-2002
After the invasion of Kuwait, the Iraqi government had dissolved Kuwait airlines, and appropriated several airplanes. Four planes were destroyed by Allied bombing, and 6 more were appropriated again by Iran.
Held: The appeal failed. No claim . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 21 July 2022; Ref: scu.452714

Mason v Orr: SCS 28 Nov 1901

Action directed against the Superintendent of the Central Division of the Glasgow Police for an alleged assault, and the question is whether a relevant case has been stated.

Judges:

Lord M’Laren

Citations:

[1901] ScotCS CSIH – 1, (1901) 4 F 220, (1901) 9 SLT 269, [1901] SLR 39 – 148

Links:

Bailii, Bailii

Jurisdiction:

Scotland

Torts – Other, Police

Updated: 21 July 2022; Ref: scu.279256

Boyd and Forrest v GWSR Co: SCS 7 Mar 1914

The pursuers’ case is that they were led to enter into a contract with the defenders to execute certain works of construction of a railway for a lump sum, and that they were led to tender to do the work for a certain price, by the other party, the defenders, having, through their responsible officials, supplied them with information which was in essential particulars misleading information; and that thus they, the pursuers, were induced to enter into the contract by fraud, or otherwise that they were misinformed by an incorrect representation of facts, and were thus under essential error. They claim that the sum to which they were entitled for the work done is much larger than what they have received, and they sue for the excess. TThe pursuers’ case is that they were led to enter into a contract with the defenders to execute certain works of construction of a railway for a lump sum, and that they were led to tender to do the work for a certain price, by the other party, the defenders, having, through their responsible officials, supplied them with information which was in essential particulars misleading information; and that thus they, the pursuers, were induced to enter into the contract by fraud, or otherwise that they were misinformed by an incorrect representation of facts, and were thus under essential error. They claim that the sum to which they were entitled for the work done is much larger than what they have received, and they sue for the excess. T

Citations:

[1914] ScotCS CSIH – 2

Links:

Bailii

Citing:

At HL – Boyd and Forrest v GWSR Co HL 16-May-1912
The parties had contracted for the construction of an embankment to support a railway track. The pursuers now said that they had been induced to enter the contract by means of fraudulent misrepresentation as to the results of borings at the site. . .

Cited by:

Appeal from – Boyd and Forrest v Glasgow and South-Western Railway Co HL 11-Jan-1915
The issuing of an instruction was not a condition precedent to entitlement to payment in a construction contract. . .
Lists of cited by and citing cases may be incomplete.

Scotland, Contract, Torts – Other

Updated: 21 July 2022; Ref: scu.279312

Clark v Clark Construction Initiatives Ltd and Another: CA 17 Dec 2008

Judges:

Sedley LJ, Arden LJ, Moore-Bick LJ

Citations:

[2008] EWCA Civ 1446

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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

Employment, Torts – Other

Updated: 21 July 2022; Ref: scu.278818

Fyffes Group Ltd v Templeman and others: ComC 22 May 2000

The claimants alleged that over a five year period from 1992 to 1996 their employee Mr Simon Templeman, the first defendant, took bribes amounting to over US $1.4 million from or with the connivance of the second to seventh defendants. The essential issues are whether the allegation is true; and, if so, what loss the claimants have suffered and what remedies are available to them.

Judges:

Toulson J

Citations:

[2000] EWHC 224 (Comm), [2000] 2 Lloyd’s Rep 643

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – FHR European Ventures Llp and Others v Cedar Capital Partners Llc SC 16-Jul-2014
Approprietary remedy against Fraudulent Agent
The Court was asked whether a bribe or secret commission received by an agent is held by the agent on trust for his principal, or whether the principal merely has a claim for equitable compensation in a sum equal to the value of the bribe or . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Equity

Updated: 21 July 2022; Ref: scu.278302

Ferguson v British Gas Trading Ltd: CA 10 Feb 2009

Harassment to Criminal Level needed to Convict

The claimant had been a customer of the defendant, but had moved to another supplier. She was then subjected to a constant stream of threatening letters which she could not stop despite re-assurances and complaints. The defendant now appealed against a refusal to strike out the claim of harassment.
Held: The appeal failed. The court considered her claim of harassment, and what level of seriousness was sufficient to come within the Act.
Jacob LJ said ‘British Gas says it has done nothing wrong; that it is perfectly all right for it to treat consumers in this way, at least if it is all just done by computer.’ and ‘I accept that the course of conduct must be grave before the offence or tort of harassment is proved . . It has never been suggested generally that the scope of the civil wrong is restricted because it is also a crime. What makes the wrong of harassment different and special is because, as Lord Nicholls and Lady Hale recognise, in life one has to put up with a certain amount of annoyance: things have got to be fairly severe before the law, civil or criminal, will intervene . . I am quite unable to conclude that the impugned conduct is incapable of satisfying the test. On the contrary I think, at the very least, that it is strongly arguable that it does. I ask myself whether a jury or bench of magistrates could reasonably conclude that the persistent and continued conduct here pleaded was on the wrong side of the line, as amounting to ‘oppressive and unacceptable conduct’. I am bound to say that I think they could.’
British Gas had ‘sought to downgrade it by saying that Ms Ferguson knew the claims and threats were unjustified. That is absurd: a victim of harassment will almost always know that it is unjustified. The Act is there to protect people against unjustified harassment. Indeed if the impugned conduct is justified it is unlikely to amount to harassment at all.
Mr Porter also made the point that the correspondence was computer generated and so, for some reason which I do not really follow, Ms Ferguson should not have taken it as seriously as if it had come from an individual. But real people are responsible for programming and entering material into the computer. It is British Gas’s system which, at the very least, allowed the impugned conduct to happen.
Moreover the threats and demands were to be read by a real person, not by a computer. A real person is likely to suffer real anxiety and distress if threatened in the way which Ms Ferguson was. And a real person is unlikely to take comfort from knowing that the claims and threats are unjustified or that they were sent by a computer system: that will not necessarily allay the fear that the threats will not be carried out. ‘

Judges:

Jacob LJ, Sedley LJ, Lloyd LJ

Citations:

[2009] EWCA Civ 46, [2009] 3 All ER 304, [2010] 1 WLR 785

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 1

Jurisdiction:

England and Wales

Citing:

Cited – Lennard’s Carrying Company Limited v Asiatic Petroleum Company Limited HL 1915
The House was asked as to when the acts of an individual became those of his employer under section 502 (‘any loss or damage happening without (the ship owner’s) actual fault or privity’).
Held: Viscount Haldane LC said: ‘It must be upon the . .
Cited – Tesco Supermarkets Ltd v Nattrass HL 31-Mar-1971
Identification of Company’s Directing Mind
In a prosecution under the 1968 Act, the court discussed how to identify the directing mind and will of a company, and whether employees remained liable when proper instructions had been given to those in charge of a local store.
Held: ‘In the . .
Cited – Allen v London Borough of Southwark CA 12-Nov-2008
The claimant appealed against a strike out of his claim for harrassment after being subjected to five sets of possession proceedings by the defendant, each of which relied upon the same bad point.
Held: The Court refused to strike out a claim . .
Cited – Essendon Engineering v Maile 1982
. .
Cited – Director General of Fair Trading v Pioneer Concrete (UK) Ltd, sub nom Supply of Ready Mixed Concrete (No 2) HL 25-Nov-1994
The actions of company employees, acting in the course of their employment and in contempt may put the company employer in contempt also, and even though the company may have given explicit instructions that no infringing agreement should be entered . .
Cited – Conn v Sunderland CA 7-Nov-2007
The claimant said that he had been harassed by the respondent through an employee.
Held: Under the 1997 Act, the behaviour had to go beyond the regrettable to the unacceptable, and would be of such gravity as would sustain criminal liability . .
Cited – Regina v British Steel Plc CACD 31-Dec-1994
British Steel employed two sub-contractors to work in moving a steel tower under their supervision. One platform fell on one of the sub-contractors, killing him. British Steel claimed they had delegated their responsibilities under the Act, and were . .
Cited – Cambridgeshire County Council v Kama Admn 21-Nov-2006
. .
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 – Meridian Global Funds Management Asia Ltd v Securities Commission PC 26-Jun-1995
(New Zealand) The New Zealand statute required a holder of specified investments to give notice of its holding to a regulator as soon as it became aware of its holding. Unbeknown to any others in the company apart from one colleague, its chief . .

Cited by:

Cited – Veakins v Kier Islington Ltd CA 2-Dec-2009
The claimant alleged that her manager at work had harassed her. The court, applying Conn, had found that none of the acts complained of were sufficiently serious to amount to criminal conduct, and had rejected the claim.
Held: The claimant’s . .
Cited – Rayment v Ministry of Defence QBD 18-Feb-2010
The claimant sought damages alleging harassment by officers employed by the defendant. An internal investigation had revealed considerable poor behaviour by the senior officers, and that was followed by hostile behaviour. The defendant had put up . .
Cited – Calland v Financial Conduct Authority CA 13-Mar-2015
The claimant appealed against the striking out of his claim of harassment against the Authority who had contacted him in an intended review of pensions mis-selling. They had contacted him once by letter, once by telephone and once by e-mail.
Cited – Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another QBD 27-Nov-2020
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Consumer

Leading Case

Updated: 21 July 2022; Ref: scu.282601

Allen v London Borough of Lambeth: CA 19 Jun 2008

Renewed application for permission to appeal. The claimant tenant insisted on paying his rent in cash. The council refused it and brought five sets of proceedings for possession. Each failed.
Held: The appeal should proceed.

Judges:

Rimer LJ

Citations:

[2008] EWCA Civ 966

Links:

Bailii

Statutes:

Protection from Harassment Act 1997

Jurisdiction:

England and Wales

Housing, Torts – Other

Updated: 19 July 2022; Ref: scu.278243

Commissioner of Police of the Metropolis v Raissi: CA 12 Nov 2008

The Commissioner appealed against an award of damages for false imprisonment. The claimant had been arrested shortly after a terrorist attack. The judge had held that they had no reasonable belief of his involvement. The Commissioner did not now pursue an argument of necessity.
Held: The only cause suggested for suspicion of the claimant was that he was the brother of a suspect, that they lived not far apart and that each had access to the other’s house. That was not reasonable cause for suspicion.
Sir Anthony Clarke MR considered how the lawfulness of a police officer’s decision to arrest was to be tested: ‘(1) Did the arresting officer suspect that the person who was arrested was guilty of the offence? The answer to this question depends entirely on the findings of fact as to the officer’s state of mind.
(2) Assuming the officer had the necessary suspicion, was there reasonable cause for suspicion? This is a purely objective requirement to be determined by the judge if necessary on the facts found by a jury.
(3) If the answer to the two previous questions is in the affirmative, then the officer has a discretion which entitles him to make an arrest and in relation to that discretion has [to be] exercised in accordance with the principles laid down’

Judges:

Sir Anthony Clarke MR, Maurice Kay LJ, Stanley Burnton LJ

Citations:

[2009] 3 All ER 14, [2009] PTSR 666, [2009] 2 WLR 1243, [2009] QB 564, [2008] EWCA Civ 1237

Links:

Bailii

Statutes:

Terrorism Act 2000 40

Jurisdiction:

England and Wales

Citing:

Cited – Liversidge v Sir John Anderson HL 3-Nov-1941
The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents.
Held: The . .
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) . .
Distinguished – McKee v Chief Constable for Northern Ireland HL 1984
The House considered the state of mind of an officer required to allow an arrest under the section.
Held: Lord Roskill said: ‘On the true construction of section 11(1) of the statute, what matters is the state of mind of the arresting officer . .
Cited – O’Hara v Chief Constable of the Royal Ulster Constabulary HL 21-Nov-1996
Second Hand Knowledge Supports Resaobnable Belief
The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest.
Held: A reasonable suspicion upon which an arrest was founded . .
Cited – Dumbell v Roberts CA 1944
The court discussed the nature of reasonable grounds for suspicion for an arrest. The threshold for the existence of reasonable grounds for suspicion is low, and the requirement is limited. Scott LJ said: ‘The protection of the public is safeguarded . .
Cited – Cumming and others v Chief Constable of Northumbria Police CA 17-Dec-2003
The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each . .
Cited – Holgate-Mohammed v Duke HL 1984
A police officer had purported to arrest the plaintiff under the 1967 Act, suspecting her of theft. After interview she was released several hours later without charge. She sought damages alleging wrongful arrest. The judge had found that he had . .
Cited – Regina v Chief Constable of Devon and Cornwall ex parte CEGB CA 1982
An unwanted kiss may be a battery. Lawton LJ discussed the individual responsibility of a police officer: ‘[chief constables] cannot give an officer under command an order to do acts which can only lawfully be done if the officer himself with . .
Cited – Regina v Chief Constable of Devon and Cornwall, Ex parte Central Electricity Generating Board CA 1982
The CEGB wanted to undertake a survey using its statutory powers to check whether land might be suitable for a nuclear power station, and wanted the police to prevent demonstrators from preventing the survey. It now requested an order of mandamus to . .
Cited – Hussien v Chong Fook Kam PC 7-Oct-1969
(Malaysia) The Board considered the propriety of an arrest by the police. Lord Devlin said: ‘An arrest occurs when a police officer states in terms that he is arresting or when he uses force to restrain the individual concerned. It occurs also when . .
Cited – Dallison v Caffery CACD 1965
It is for the detaining authority to justify all periods of detention.
The court described the common law duty on a prosecutor to disclose material. Lord Denning MR said: ‘The duty of a prosecuting counsel or solicitor, as I have always . .

Cited by:

Cited – Alford v Cambridgeshire Police CA 24-Feb-2009
The claimant police officer had been held after an accident when he was in a high speed pursuit of a vehicle into the neighbouring respondent’s area. The prosecution had been discontinued, and he now appealed against rejection of his claims for . .
Cited – Armstrong v Chief Constable of West Yorkshire Police CA 5-Dec-2008
The Chief Constable appealed against a finding that the claimant had been arrested for rape without reasonable grounds. A description of the rapist had been given which the claimant met in several respects, but from which he clearly differed in . .
Cited – Howarth v Commissioner of Police of The Metropolis QBD 3-Nov-2011
The claimant sought judicial review of a decision to search him whilst travelling to a public protest in London. A previous demonstration involving this group had resulted in criminal damage, but neither the claimant nor his companions were found to . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 19 July 2022; Ref: scu.277775

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs,: Admn 22 Oct 2008

The claimant was held by the US. He claimed he had been tortured by them, and sought release of dicuments which allow him to present his case. The respondent sought to prevent disclosure using Public Interest Immunity (PII) certificates.
Held: The claimant had been taken unlawfully. The documents were essential to him in defending himself before the US convening commission. There was no good reason why the documents were not made available to the claimant by the US. The US now produced statements made by the defendant after being held for two years incommunicado by them and produced only after alleged torture. The senior US prosecutor had resigned because he had not been allowed to disclose exculpatory material, including sleep deprivation treatment. The US had then discharged all charges against the claimant. There remained however serious allegations of misconduct against a friendly power. The matter should be adjourned pending a further hearing. Despite promises that only certain information would be redacted, heavy unexplained redactions remained.

Judges:

Thomas LJ, Lloyd Jones J

Citations:

[2008] EWHC 2519 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 29-Aug-2008
The claimant sought release of documents so that he could defend himself in a tribunal in the US. He said the documents would support his assertion that he had been subject to extraordinary rendition and had ‘disappeared’ for two years. Redactions . .
Cited – Rustenberg Platinum Mines v Pan American Airways 1977
A party should be given advance notice of an intention to make serious allegations of wilful misconduct. . .

Cited by:

See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (60 Admn 19-Nov-2009
The respondent had over time refused to allow publication of parts of a document disclosed to him by US security services. The court had previously delivered redacted judgments, and now asked whether and to what extent the redacted parts should be . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 10-Feb-2010
The claimant had sought discovery and publication of materials supplied to the defendant by US security services which, he said, would support his allegations that he had been tortured by the US and that this had been known to the defendant.
See Also – Binyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .
Lists of cited by and citing cases may be incomplete.

Administrative, Criminal Practice, Torts – Other

Updated: 19 July 2022; Ref: scu.277295

Halifax Plc and Another v Curry Popeck (A Firm) and Another: ChD 18 Jun 2008

This case concerns how the loss should fall on innocent victims of mortgage frauds practised by Tracy and John Whale (otherwise known as John Sinclair) with the assistance of an apparently incompetent or fraudulent conveyancing clerk employed by Messrs Curry Popeck and then later by Messrs Pulvers. The exercise is necessary so that those suffering loss may pursue professional negligence claims or enforce the respective firms’ vicarious liability for the fraud of their employee, which claims have yet to be adjudicated upon.’
Held: On the registration of a registrable disposition, equitable interests binding the disponer do not bind the disponee as interests in land, even if the disponee was a party to the creation of those interests

Judges:

Norris J

Citations:

[2008] EWHC 1692 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Professional Negligence, Registered Land

Updated: 19 July 2022; Ref: scu.277328

Kuwait Oil Tanker Company Sak and Another v Al Bader and others: ComC 17 Oct 2008

The claimants had succeeded in an action based on fraud, and now sought to enforce their judgment.

Judges:

Teare J

Citations:

[2008] EWHC 2432 (Comm)

Links:

Bailii

Citing:

See Also – Kuwait Oil Tanker Co SAK and Another v Al Bader and Others (No 2) ComC 19-Dec-1995
ComC Leave to serve writ outside jurisdiction under RSC Ord 11 r1(1)(c) – whether required to serve on another defendant before leave obtained – retrospective validation . .
See Also – Kuwait Oil Tanker Company S A K ; Sitka Shipping Incorporated v Al Bader; Qabazard and Stafford CA 24-Mar-1997
. .
Cited – Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others CA 28-May-1999
The defendants having been found to have acted dishonestly to the tune of pounds 130,000,000 sought a stay of execution pending an appeal. The judge had found that the appeal was arguable. . .
See Also – Kuwait Oil Tanker Company SAK and Another v Al Bader and Others CA 18-May-2000
The differences between tortious conspiracies where the underlying acts were either themselves unlawful or not, did not require that the conspiracy claim be merged in the underlying acts where those acts were tortious. A civil conspiracy to injure . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 19 July 2022; Ref: scu.277031

Ostendorf v Germany: ECHR 7 Mar 2013

The applicant was registered on a German database as a person prepared to use violence in the context of sports events. He travelled with a group of others from Bremen to Frankfurt in order to attend a football match. They were kept under police surveillance. Some (not the applicant) were searched and found to be in possession of things associated with the perpetration of crowd violence. The applicant was arrested at a pub. He was taken to a police station close to the football stadium where he was detained until one hour after the match had ended. In all, he was under arrest and in detention for about four hours. He was not charged at any stage. The German courts rejected his complaints of unlawful arrest and detention.
Held: The arrest and detention were lawful pursuant to Article 5 (1)(b) but not in relation to Article 5(1)(c). It is with Article 5(1)(c) that we are concerned at this stage.
Under the second alternative of subparagraph (c) of Article 5 (1), the detention of a person may be justified ‘when it is reasonably considered necessary to prevent his committing an offence’. Article 5(1)(c) does not, thereby, permit a policy of general prevention directed against an individual or a category of individuals who are perceived by the authorities, rightly or wrongly, as being dangerous or having propensity to unlawful acts. That ground of detention does no more than afford the Contracting States a means of preventing a concrete and specific offence . .
Under the Court’s well established case law, detention to prevent a person from committing an offence must, in addition, be ‘effected for the purpose of bringing him before the competent legal authority’, a requirement which qualifies every category of detention referred to in Article 5(1)(c) (see Lawless v Ireland (No3) . . ).
Subparagraph (c) thus permits deprivation of liberty only in connection with criminal proceedings . . It governs pre-trial detention . . This is apparent from its wording, which must be read in conjunction both with subparagraph (a) and with paragraph 3, which form a whole with it . . Paragraph 3 of Article 5 states that everyone arrested or detained in accordance with the provisions of paragraph 1(c) of Article 5 shall be brought promptly before a judge – in any of the circumstances contemplated by the provisions of that paragraph – and shall be entitled to a trial within a reasonable time . .
The Court . . recalls that under paragraphs 1(c) and 3 of Article 5, detention to prevent a person from committing an offence must, in addition, be ‘effected for the purpose of bringing him before the competent legal authority’ and that the person is ‘entitled to trial within a reasonable time’. Under its long established case law, the second alternative of Article 5 (1)(c) therefore only governs pre-trial detention and not custody for preventive purposes without the person concerned being suspected of having already committed a criminal offence . .
It is, however, clear that the aim of his detention was purely preventive from the outset. As noted above, it is indeed uncontested that the applicant in the present case was not suspected of having committed a criminal offence as his preparatory acts were not punishable under German law. His police custody only served the (preventive) purpose of ensuring that he would not commit offences in an imminent hooligan altercation. He was to be released once the risk of such an altercation had ceased to exist and his detention was thus not aimed at bringing him before a judge in the context of a pre-trial detention and at committing him to a criminal trial.
The Court notes that the Government advocated a revision of the Court’s case-law on the scope of Article 5 ss 1 (c) in this respect. It agrees with the Government that the wording of the second alternative of sub-paragraph (c) of Article 5 ss 1, in so far as it permits detention ‘when it is reasonably considered necessary to prevent his committing an offence’, would cover purely preventive police custody in order to avert imminent specific serious offences which is here at issue.
However, that interpretation could neither be reconciled with the entire wording of sub-paragraph (c) of Article 5 ss 1 nor with the system of protection set up by Article 5 as a whole. Sub-paragraph (c) of Article 5 ss 1 requires that the detention of the person concerned is ‘effected for the purpose of bringing him before the competent legal authority’ and under Article 5 ss 3 that person is ‘entitled to trial within a reasonable time’. As the Court has confirmed in its case-law on many occasions, the second alternative of Article 5 ss 1 (c) is consequently only covering deprivation of liberty in connection with criminal proceedings. In particular, contrary to the Government’s submission, the term ‘trial’ does not refer to a judicial decision on the lawfulness of the preventive police custody. Those proceedings are addressed in paragraph 4 of Article 5.
The Court further observes that, contrary to the Government’s view, the second alternative of Article 5 ss 1 cannot be considered as superfluous in addition to the first alternative of that provision (detention ‘on reasonable suspicion of having committed an offence’). A detention under sub-paragraph (c) of Article 5 ss 1 may be ordered, in particular, against a person having carried out punishable preparatory acts to an offence in order to prevent his committing that latter offence. That person may then be brought before a judge and be put on a criminal trial, for the purposes of Article 5 ss 3, in respect of the punishable preparatory acts to the offence.’

Judges:

Mark Villiger, P

Citations:

15598/08 – HEJUD, [2013] ECHR 197, 34 BHRC 738

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – Hicks and Others, Regina (on The Application of) v Commissioner of Police of The Metropolis CA 22-Jan-2014
The claimants said that the restrictive tactics used by the respondent when policing crowds at a royal wedding.
Held: The appeals failed. The police had reasonable grounds for suspecting that the claimants were likely to cause a breach of the . .
Not followed – Hicks and Others, Regina (on The Application of) v Commissioner of Police for The Metropolis SC 15-Feb-2017
The claimants had wanted to make a peaceful anti-monarchist demonstration during the wedding of the Duke and Duchess of Cambridge. They complained that the actions of the respondent police infringed their human rights by preventing that . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police, Torts – Other

Updated: 19 July 2022; Ref: scu.471518

Morin v Bonhams and Brooks Ltd and Another: ComC 18 Mar 2003

Claim for rescission of contract for purchase of Ferrari car at auction after discovery of alteration to odometer.
Jonathan Hirst QC said (after discussing the Christie’s case): ‘Plainly this authority provides substantial ammunition for BandB Monaco to contend that they owed no duty of care to [the claimant] but, if English law applied, I would hold that he had surmounted the fairly low threshold of showing a reasonable prospect of success on this point for the following reasons. (a) But for the conditions of sale, there could be little doubt that BandB Monaco owed a duty of care. (b) The decision in De Balkany’s case on whether Christie’s owed any duty in tort was expressly obiter and moreover it would appear that the court was not addressed on the impact of s 2(2) of the Unfair Contract Terms Act 1977. (c) The conditions of sale in this case are not the same as Christie’s in the case. (d) In particular, cl 3 is prefaced with the following: ‘whilst every effort has been made to ensure the accuracy of the description’. I think it is arguable that the exclusions of liability which ensue proceed on the assumption that every effort has indeed been made by BandB Monaco and that if every (reasonable) effort has not been made the exclusions are not to be effective to exclude a duty of care. It is right to bear in mind that these are BandB Monaco’s conditions of sale, and they should be construed contra proferentem’.

Judges:

Jonathan Hirst QC

Citations:

[2003] EWHC 467 (Comm), [2003] 2 All ER (Comm) 36, [2003] ILPr 25

Links:

Bailii, Bailii

Citing:

Cited – De Balkany v Christie Manson and Woods Ltd QBD 19-Jan-1995
Over-painting was deemed to be a forgery within the Christie terms and conditions. The exception was excluded. Christie’s was liable under the guarantee it had given. Morison J also considered (obiter) the defendant’s possible liability in tort, and . .

Cited by:

Appeal from – Morin v Bonhams and Brooks Limited Bonhams and Brooks S A M CA 18-Dec-2003
The claimant had bought a vintage Ferrari motor car through the defendant auctioneers in Monaco but sought rescission after it appeared that the odometer had been altered. The auction conditions purported to exclude any description of the car. He . .
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.

Contract, Torts – Other

Updated: 19 July 2022; Ref: scu.272517

Nationwide Building Society v Dunlop Haywards Ltd and Another: ComC 14 Jun 2007

Claims in deceit with regard to valuations of commercial properties.

Judges:

Simon J

Citations:

[2007] EWHC 1374 (Comm)

Links:

Bailii

Cited by:

Cited – Nolan v Wright ChD 26-Feb-2009
The defendant sought to re-open the question of whether the charge under which he might otherwise be liable was an extortionate credit bargain. The creditor said that that plea was time barred. The defendant argued that a finding that the agreement . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 19 July 2022; Ref: scu.272533

Fiona Trust and Holding Corporation and others v Privalov and others: ComC 22 Jul 2008

Judges:

Andrew Smith J

Citations:

[2008] EWHC 1748 (Comm)

Links:

Bailii

Citing:

See Also – Fiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006
The parties disputed whether their claim should be arbitrated.
Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The . .
See Also – Fiona Trust Holding Corporation and others v Privalov and others ComC 19-Jan-2007
. .
See Also – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
See Also – Fiona Trust Holding Corp and others v Privalov and others ComC 21-May-2007
Allegations were made of different varieties of fraud. Applications were made for freezing orders. . .
See Also – Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov HL 17-Oct-2007
The owners of a ship sought to rescind charters saying that they had been procured by bribery.
Held: A claim to rescind a contract by reason of bribery fell within the scope of an arbitration clause under which the parties had agreed to refer . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Torts – Other

Updated: 19 July 2022; Ref: scu.272538

C, Regina (on the Application of) v Secretary of State for Justice: CA 28 Jul 2008

The court was asked as to what methods of physical restraint were proper in institutions accommodating youths in custody.
Held: The Court had been wrong not to quash the amended rules on the grounds of procedural breaches. The amended rules would have infringed the human rights of the children to whom such restraint was to be applied and were contrary to the requirements of Articles 3 and 8 of the ECHR, because:
i) It reminded itself of the general position under Article 3 of the ECHR that physical force in respect of a person deprived of his liberty that is not strictly necessary diminishes human dignity and is in principle a violation of Art 3.
ii) It noted that the House of Lords in its judicial capacity has declared that Article 3 when applied to children in custody had to be interpreted consistently with the provisions of the UN Convention on the Rights of the Child 1989 in particular Articles 37 and the views of the Committee on the Rights of the Child as the expert monitoring body charged with the implementation of the state’s obligations under the Convention.
[1] It further noted that in General Comment 8 of the UN Committee on the Rights of the Child indicate that deliberate infliction of pain is not permitted as a form of control of juveniles.
iii) It concluded that both pain compliance control techniques, and restraint generally when applied for the purposes contemplated in the amended rules would violate the principles of Article 3, when applied to children.
iv) It rejected a submission on behalf of the Secretary of State that any over-broadness of the amended Rules could be cured when read down in the light of detailed policy instructions that the Secretary of State for Justice would give to staff operating the rule.
v) It concluded that in any event the advice given in the Code of Practice about restricting the use of restraint was uncertain and unsatisfactory and had not been changed to apply to the new regime of the amended rules broadening the power to use restraint in support of good order and discipline.
vi) It rejected the only evidence in the case in which it was suggested that use of restraint was strictly necessary to enforce good order and discipline. This evidence was a statement of Mr. Wilson-Smith director of Hassockfield STC. The Court was critical of this evidence and its consistency with the law at the time of Adam’s death [24]. It noted in particular that the view of the law taken by Mr. Wilson Smith and leading counsel for Serco at the Rickwood inquest was wrong.
vii) It concluded that the amendments could not be justified as strictly necessary to maintain discipline. The amended rules therefore violated both Article 3 and Article 8 ECHR.

Judges:

Buxton LJ, Tuckey LJ, Keene LJ

Citations:

[2008] EWCA Civ 882, [2009] 2 WLR 1039, [2009] QB 657, [2009] UKHRR 688

Links:

Bailii, Times

Jurisdiction:

England and Wales

Citing:

Cited – Mouisel v France ECHR 14-Nov-2002
The applicant had been sentenced to 50 years’ imprisonment for several offences. He had leukemia and was to receive chemotherapy in hospital. He complained of the conditions to which he was subjected during the hospital visits, including the . .
Cited – Faizovas, Regina (on the Application of) v Secretary of State for Justice Admn 9-May-2008
Challenge by elderly prisoner with cancer to be handcuffed whilst attending hospital. He was in prison for a violent sexual offence, and whilst in prison had not engaged in offending reducing programs. . .

Cited by:

Cited – Pounder, Regina (on the Application of) v HM Coroner for the North and South Districts of Durham and Darlington and others Admn 22-Jan-2009
The deceased died aged 14 in a Secure Training Centre by hanging. He had complained of his treatment and restraint methods used. The mother sought judicial review of the conduct of the inquest, wanting the coroner not to have ruled on the legality . .
Cited – E and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .
Cited – FGP v Serco Plc and Another Admn 5-Jul-2012
The claimant said that whilst he had been being taken from an immigration detention centre to hospital, he had been restrained by various forms of handcuffs. He said that had been unlawful.
Held: The claim failed: ‘ the recommendation that . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Prisons, Human Rights

Updated: 18 July 2022; Ref: scu.272235

Monks v Dykes: 1839

The defendant pleaded in answer to a charge of assault that he was being disturbed in his possession of land.
Held: It was not suficient to sustan the plea by proof that the defendant was a lodger occupying only one room in a house of which the landlord retained the key to the outside door. Lord Abinger: ‘a room within a house may be a dwelling-house or it may not.’ Parke B said that the term domus mansionalis in law refers ‘to a chamber under certain circumstances, viz when a house is divided into several chambers, with separate outer doors.’

Judges:

Parke, B, Lord Abinger

Citations:

(1839) 4 M and W 569, [1839] EngR 169, (1839) 4 M and W 567, (1839) 150 ER 1546

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Uratemp Ventures Limited v Collins HL 11-Oct-2001
Can a single room within a hotel comprise a separate dwelling within the 1988 Act and be subject to an assured tenancy?
Held: A single room can be a dwelling. Each case must be interpreted in its own light as a question of fact, but respecting . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 18 July 2022; Ref: scu.183437

Cant v Seton: CA 29 Jul 2020

Appeal against an order dismissing his without notice application for an anti-harassment injunction against the Respondent. The Judge dismissed the Application on the single ground that she did not have jurisdiction to make the order sought. The Judge appeared to have failed to consider whether she had jurisdiction by reference to section 37(1) of the Senior Courts Act 1981, or section 3 of the Protection from Harassment Act 1997.

Judges:

Carr LJ

Citations:

[2020] EWCA Civ 1749

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Litigation Practice

Updated: 18 July 2022; Ref: scu.657733

Rees v Commissioner of Police of The Metropolis: CA 20 Jan 2021

Appeal by the claimant, Jonathan Rees, against an assessment of damages (including aggravated and exemplary damages) in a total sum of pounds 155,000. The claim for damages was based on the claimant’s incarceration in prison in circumstances of (as was subsequently established) malicious prosecution and misfeasance in public office.

Citations:

[2021] EWCA Civ 49

Links:

Bailii

Jurisdiction:

England and Wales

Damages, Torts – Other

Updated: 18 July 2022; Ref: scu.657311

Dadourian Group International Inc and others v Simms and others: ChD 25 Jul 2008

Applications arising from disclosure of documents

Judges:

Patten J

Citations:

[2008] EWHC 1784 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Omar’s Trustees v Omar ChD 2000
A wife and mistress (D) had conspired, after the death of the husband, to remove money in bank accounts from his estate by taking the bearer shares in the company in whose name the accounts were held. The first action, in which D was legally . .

Cited by:

Appeal from – Dadourian Group International Inc and others v Simms and others CA 13-Mar-2009
Arden LJ summarised the approach to be taken by a court faced with an allegation of fraud: ‘Their Lordships affirmed the decision in Re H and provided an explanation of what Lord Nicholls’ judgment meant. Baroness Hale (with whom the other Law Lords . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Torts – Other

Updated: 18 July 2022; Ref: scu.271298

HSBC Bank Plc v 5th Avenue Partners Ltd and others: CA 6 Jun 2008

Renewed application for leave to appeal.

Judges:

Rix, Toulson LJJ

Citations:

[2008] EWCA Civ 851

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – HSBC Bank Plc v 5th Avenue Partners Ltd and Others ComC 7-Dec-2007
The claimants sought damages from the defendant bank, saying that they had been induced by a fraudster to pay money into accounts at the bank, and claimed in dishonest assistance. . .
See Also – HSBC Bank Plc v 5th Avenue Partners Ltd and others ComC 21-Feb-2008
. .

Cited by:

Leave – SO v Hsbc Bank Plc and Another CA 3-Apr-2009
Etherton LJ held that ultimately the decision as to whether there is vicarious liability ‘is a conclusion of law based on primary facts rather than a simple question of fact’. . .
Lists of cited by and citing cases may be incomplete.

Banking, Torts – Other

Updated: 18 July 2022; Ref: scu.271218

Hurndell v Hozier and Another: ChD 19 Mar 2008

Judges:

David Richards J

Citations:

[2008] EWHC 538 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Hurndell v Hozier and Another CA 12-Feb-2009
A company sought a public listing, but too many shares were held in private hands. Shares were to be transferred by the claimant, but he now denied having signed any transfer. He now appealed against rejection of his claim saying that the judge had . .
See Also – Hurndell v Hurndell and Others ChD 17-Dec-2010
. .
See Also – Hurndell v Hozier and Others ChD 18-Feb-2011
. .
Lists of cited by and citing cases may be incomplete.

Company, Torts – Other

Updated: 18 July 2022; Ref: scu.270952

El Ajou v Dollar Land Holdings Ltd: CA 2 Dec 1993

The court was asked whether, for the purposes of establishing a company’s liability under the knowing receipt head of constructive trust, the knowledge of one of its directors can be treated as having been the knowledge of the company.
Held: The company was fixed with the knowledge of its part-time chairman and a non-executive director, because he had acted as its directing mind and will for the particular purpose of arranging its receipt of the tainted funds. It was sufficient that the director had management and control so far as the receipt of the fraud was concerned, having made arrangements for the receipt and disposal of the money, even though he had no general managerial responsibility in the company.
Hoffmann LJ set out the ingredients of knowing receipt: ‘For this purpose the plaintiff must show, first a disposal of his assets in breach of fiduciary duty; secondly, the beneficial receipt by the defendant of assets which are traceable as representing the assets of the plaintiff; and thirdly, knowledge on the part of the defendant that the assets are traceable to a breach of fiduciary duty.’
When asking who was the controlling mind of a company, the relevant test is to find the person who had management and control in relation to the act or omission in point. The formal position or status as a director is relevant but not decisive. A ‘pragmatic’ approach is necessary: ‘Decided cases show that, in regard to the requisite status and authority, the formal position, as regulated by the company’s articles of association, service contracts and so forth, though highly relevant, may not be decisive. Here Millett J adopted a pragmatic approach. In my view he was right to do so, although it has led me, with diffidence, to a conclusion different from his own’ and ‘ . . different persons may for different purposes satisfy the requirements of being the company’s directing mind and will. ‘ The court considered the ingredients of the tort of ‘knowing receipt’: ‘For this purpose the plaintiff must show, first, a disposal of his assets in breach of fiduciary duty; secondly, the beneficial receipt by the defendant of assets which are traceable as representing the assets of the plaintiff; and thirdly, knowledge on the part of the defendant that the assets he received are traceable to a breach of fiduciary duty.’ (Hoffmann LJ)
Nourse LJ said: ‘The doctrine attributes to the company the mind and will of the natural person or persons who manage and control its actions. At that point, in the words of Millett J ([1993] 3 ALL ER 717 at 740): ‘Their minds are its mind; their intention its intention; their knowledge its knowledge.’ It is important to emphasise that management and control is not something to be considered generally or in the round. It is necessary to identify the natural person or persons having management and control in relation to the act or omission in point. This was well put by Eveleigh J in . . R v Andrews Weatherfoil Ltd . .
Decided cases show that, in regard to the requisite status and authority, the formal position, as regulated by the company’s articles of association, service contracts and so forth, though highly relevant, may not be decisive. Here Millett J adopted a pragmatic approach. In my view he was right to do so, although it has led me, with diffidence, to a conclusion different from his own.’

Judges:

Nourse, Rose, Hoffmann LJJ

Citations:

Times 03-Jan-1994, [1994] 2 All ER 685, [1993] EWCA Civ 4, [1994] BCC 143, [1994] 1 BCLC 464

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – El Ajou v Dollar Land Holdings Plc and Another ChD 3-Jan-1993
A non active director may still be company’s ‘directing mind’. The doctrine of attributing the actions of individuals to a company is that ‘Their minds are its mind; their intention its intention; their knowledge its knowledge.’
Tracing was no . .
Cited – Lennard’s Carrying Company Limited v Asiatic Petroleum Company Limited HL 1915
The House was asked as to when the acts of an individual became those of his employer under section 502 (‘any loss or damage happening without (the ship owner’s) actual fault or privity’).
Held: Viscount Haldane LC said: ‘It must be upon the . .
Cited – Regina v Andrews-Weatherfoil Ltd CACD 1972
For so long as it is possible for persons concerned in a single offence to be tried separately, it is inevitable that the verdicts returned by the two juries will on occasion appear to be inconsistent with one another. Eveleigh J: ‘It is necessary . .

Cited by:

Applied – Bank of Credit and Commerce International (Overseas) Ltd and Another v Akindele CA 22-Jun-2000
The test of whether a person who received funds held them on constructive trust, was not whether he himself was dishonest, but rather whether he had knowledge of circumstances which made it unconscionable to hold on to the money received. In respect . .
Cited – Crown Dilmun, Dilmun Investments Limited v Nicholas Sutton, Fulham River Projects Limited ChD 23-Jan-2004
There was a contract for the sale of Craven Cottage football stadium, conditional upon the grant of non-onerous planning permissions. It was claimed that the contract had been obtained by the defendant employee in breach of his fiduciary duties to . .
Cited – Mahonia Limited v JP Morgan Chase Bankwest Lb Ag QBD 3-Aug-2004
The Claimant claimed on a letter of credit issued by the Defendant on behalf of Enron Ltd, who asserted it was not liable to pay there having been unlawful behaviour by Enron Ltd. Swap agreements had been entered into, and the defendant said the . .
Cited – Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd CA 30-Sep-2004
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company.
Held: A company . .
See Also – El Ajou v Dollar Land Holdings Plc ChD 1995
The tracing of assets into the hands of a third party depends upon a notional charge. There are no inflexible rules. The essential elements of ‘knowing receipt’ are: ‘For this purpose the plaintiff must show, first, a disposal of his assets in . .
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Cited – KR and others v Royal and Sun Alliance Plc CA 3-Nov-2006
The insurer appealed findings of liability under the 1930 Act. Claims had been made for damages for child abuse in a residential home, whom they insured. The home had become insolvent, and the claimants had pursued the insurer.
Held: The . .
Cited – Charter Plc and Another v City Index Ltd and others ChD 12-Oct-2006
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. . .
Cited – Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Cited – Akers and Others v Samba Financial Group SC 1-Feb-2017
Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the . .
Lists of cited by and citing cases may be incomplete.

Company, Equity, Torts – Other, Trusts

Updated: 17 July 2022; Ref: scu.262615

Trebell v Trebell: CA 19 Mar 2001

Mother’s application for permission to appeal against an order refusing her application to commit her 19-year-old son, the respondent, to prison for breach of an order and instead revoking that earlier order.

Citations:

[2001] EWCA Civ 428

Links:

Bailii

Jurisdiction:

England and Wales

Family, Torts – Other

Updated: 17 July 2022; Ref: scu.200938

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 Lakeview.
Held: The mere fact of entering into a contract imports an implied representation of a genuine intention to pay the contract price and, secondly the entry into the contract having been procured by the defendant, he is liable for the representation thus employed. Both propositions are true. The second proposition, while it may be an adequate description of the consequences of procurement, contains in itself no analysis of the grounds upon which the assumed liability rests. Apart from the tort of conspiracy–and there is no question of that in this case–there is no separate tort of procuring as such. A man who procures the commission by another person of a tortious act becomes liable because he then becomes a principal in the commission of the act. It is his tort but once one gets to that it seems to me that the fallacy of Mr. Crawford’s argument becomes apparent. The tort alleged here is the implied false representation of Lakeview’s intention to pay, and when one seeks to fasten that onto the defendant as a principal it is at once clear that it is not, so far as he is concerned, a representation as to his own intention, for he made none. The representation for which he is assumed to be liable is the representation of Lakeview’s intention.
Oliver LJ: ‘Every promisor impliedly represents that he has at the moment of making the promise the intention of fulfilling the obligations that he has undertaken and if it can be shown that no such intention existed in his mind, at that moment he is guilty of a misrepresentation.’

Judges:

Oliver LJ

Citations:

Unreported, 19 June 1980

Statutes:

Statute of Frauds (Amendment) Act 1828 6

Jurisdiction:

England and Wales

Cited by:

Cited – Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credits Guarantee Department HL 19-Feb-1999
The wrong of the servant or agent for which the master or principal is liable is one committed in the case of a servant in the course of his employment, and in the case of an agent in the course of his authority. It is fundamental to the whole . .
Cited – Contex Drouzhba Ltd v Wiseman and Another CA 20-Nov-2007
The defendant was a director of a company. He signed a letter for the company promising to pay for goods ordered. The representation was found to have been made fraudulently because he knew the company was insolvent, and unable to pay. He now . .
Lists of cited by and citing cases may be incomplete.

Contract, Vicarious Liability, Torts – Other

Updated: 17 July 2022; Ref: scu.183577

Walter v Alltools: 1944

The court considered damages to be awarded for false imprisonment: ‘ . . any evidence which tends to aggravate or mitigate the damage to a man’s reputation which flows naturally from his imprisonment must be admissible up to the moment when damages are assessed. A false imprisonment does not merely affect a man’s liberty, it also affects his reputation. The damage continues until it is caused to cease by an avowal that the imprisonment was false.’

Judges:

Lawrence LJ

Citations:

(1944) 61 TLR 39

Jurisdiction:

England and Wales

Cited by:

Disapproved – Lunt v Liverpool City Justices CA 5-Mar-1991
A man of good reputation had been imprisoned for forty two days wholly unjustifiably for alleged default in payment of rates. He sought damages.
Held: The Court increased the award from andpound;13,500.00 to andpound;25,000.00. Commenting on . .
Cited – Independent Assessor v O’Brien, Hickey, Hickey CA 29-Jul-2004
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had . .
Lists of cited by and citing cases may be incomplete.

Damages, Torts – Other

Updated: 17 July 2022; Ref: scu.199752

Hunter and Others v Canary Wharf Ltd; Same v London Docklands Development Board: CA 13 Oct 1995

A release of dust over neighbouring properties can be a nuisance but not a blocking of TV reception signals. No action lay in private nuisance for interference with television caused by the mere presence of a building. ‘A substantial link between the person enjoying the use and the land on which he or she is enjoying it is essential but, in my judgment, occupation of property, as a home, does confer upon the occupant a capacity to sue in private nuisance.’

Judges:

Pill LJ

Citations:

Gazette 01-Nov-1995, Independent 19-Oct-1995, Times 13-Oct-1995, [1996] 2 WLR 348

Jurisdiction:

England and Wales

Citing:

Appeal from – Hunter and Others v Canary Wharf Ltd QBD 20-Dec-1994
The plaintiff made two claims arising from the construction works involvd in the Canary Wharf development. First that the building now prevented her TV signal reception, and second that the works had released substantial volumes of dust so as to . .
Cited – Rylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .

Cited by:

Appeal from – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Cited – Watson and others v Croft Promo-Sport Ltd CA 26-Jan-2009
The claimants were neighbours of the Croft motor racing circuit. They alleged nuisance in the levels of noise emanating from the site. The defendants denied nuisance saying that the interference was deemed reasonable since they operated within the . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Nuisance

Updated: 17 July 2022; Ref: scu.81538

Rees and Others v Commissioner of Police of The Metropolis: Admn 31 Jul 2019

Quantum hearing to assess damages to be paid following findings for the claimants by the Court of Appeal on liability for malicious prosecution and misfeasance in public office.

Judges:

Mrs Justice Cheema-Grubb DBE

Citations:

[2019] EWHC 2120 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Damages, Torts – Other

Updated: 17 July 2022; Ref: scu.640134

Hanson and Others v Carlino and Another: ChD 1 May 2019

Application brought by the claimants in proceedings concerning a dispute about investments relating to properties. The defendant was supposed to be or was the director of special purpose vehicles, that is to say companies, which were set up in order to facilitate the investments in property. The claimants’ case is that the defendant has stolen money that was invested and has misappropriated that money and other things.

Judges:

Birss J

Citations:

[2019] EWHC 1366 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 17 July 2022; Ref: scu.639276

X v Kuoni Travel Ltd: QBD 30 Nov 2016

The Claimant, Mrs X, sought damages for personal injury and other losses arising out of a sexual assault (including rape), on 17th July 2010 during a 14 day all-inclusive package holiday which the Claimant had purchased from the Defendant, Kuoni Travel Ltd, which included accommodation at the [A] Hotel in Sri Lanka.
Held: ‘holiday arrangements’ in clause 5.10(b) of the regulations did not include a member of the maintenance staff conducting a guest to reception. Obiter, Kuoni would in any event have been able to rely on the statutory defence under regulation 15(2)(c)(ii) because the assault was an event which could not have been foreseen or forestalled (by inference by the hotel) even with all due care, and the hotel would not have been vicariously liable for the rape and assault as a matter of Sri Lankan law, which it was agreed was the same as English law for these purposes.

Judges:

McKenna HHJ

Citations:

[2016] EWHC 3090 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – X v Kuoni Travel Ltd CA 26-Apr-2018
The claimant sought damages after being sexually assaulted by a hotel worker on her holiday in Sri Lanka. She said that the incident was an improper performance of the contract and in breach of the 1992 Regulations. She appealed from rejection of . .
At first instance – X v Kuoni Travel Ltd SC 24-Jul-2019
The claimant had been raped by a member of staff at the hotel in Sri Lanka booked through the respondent travel company. She now appealed from dismissal of the claim.
Held: Questions were referred to the ECJ, namely: ‘(1) Where there has been . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other, Consumer

Updated: 17 July 2022; Ref: scu.572341

OMV Petrom Sa v Glencore International Ag: ComC 13 Mar 2015

Judges:

Flaux J

Citations:

[2015] EWHC 666 (Comm), [2015] CN 510

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – OMV Petrom Sa v Glencore International Ag ComC 7-Feb-2014
The claimant sought to have struck out as abuse of process parts of the defence, saying that the factual issues raised had already been resolved in arbitration proceedings, but as against a different oarty. The defendant replied that the arbitration . .

Cited by:

Appeal from – OMV Petrom Sa v Glencore International Ag CA 21-Jul-2016
‘This case concerns the measure of damages for deceit.’ . .
Appeal from – OMV Petrom Sa v Glencore International Ag CA 27-Mar-2017
This appeal raises a straightforward but important point concerning the interest that the court may award when a claimant’s CPR Part 36 offer is rejected, but the claimant achieves a greater award at trial.
Sir Geoffrey Vos C said: ‘The parties . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Damages

Updated: 17 July 2022; Ref: scu.544560

H v The Crown Prosecution Service (CPS): Admn 14 Apr 2010

The Youth Court asked whether a teacher who teaches at a school for children with special needs, including those with behavioural problems, impliedly consents to the use of violence against him. In other words the question continues, should the principles which apply in cases of contact sports be applied to incidents within institutions dealing with those with special needs.

Judges:

Richards LJ, Cranston J

Citations:

[2010] EWHC 1374 (Admin), [2010] 4 All ER 264, [2012] 2 WLR 296, [2012] QB 257

Links:

Bailii

Jurisdiction:

England and Wales

Education, Crime, Torts – Other

Updated: 17 July 2022; Ref: scu.466800

Ashori, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 May 2008

Judges:

Mitting J

Citations:

[2008] EWHC 1460 (Admin)

Links:

Bailii

Cited by:

Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Lists of cited by and citing cases may be incomplete.

Immigration, Torts – Other

Updated: 17 July 2022; Ref: scu.270604