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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














International - From: 1990 To: 1990

This page lists 8 cases, and was prepared on 08 August 2015.

 
SK & F -v- Department of Community Services [1990] FSR 617
1990

Gummow J
International
"… An examination of the recent English decisions shows that the so-called 'public interest' defence is not so much a rule of law as an invitation to judicial idiosyncrasy by deciding each case on an ad hoc basis as to whether, on the facts overall, it is better to respect or to override the obligation of confidence".
1 Citers


 
Herbage -v- Meese (1990) 747 F Supp 60
1990


International
(US) A claim was brought against British police officers and prosecuting counsel for knowingly and falsely stating, in the context of extradition proceedings against the claimant, that the United States had made a valid "provisional request" for his extradition. Held: The Foreign Sovereign Immunities Act of 1976 does not discuss the liability or role of natural persons, whether governmental officials or private persons”, the sovereign immunity which it grants was held to extend to such persons: “This is a logical approach, for a government does not act but through its agents”. “The standard for determining whether immunity is warranted does not depend on the identity of the person or entity so much as the nature of the act for which the person or entity is claiming immunity”. Since the activity complained of was governmental in nature and performed by officials of that government, the Court had no jurisdiction “over a foreign sovereign” and that the FSIA was “absolute in this regard, no matter how heinous the alleged illegalities”.
1 Citers



 
 Tyburn Productions Ltd -v- Conan Doyle; ChD 1990 - [1991] Ch 75; [1990] 1 All ER 909; [1990] 3 WLR 167; (1990) 19 IPR 455
 
Dubai Bank Ltd -v- Galadari (1990) Ch 98
1990
CA
Dillon LJ
Evidence, Legal Professions, International
A document created with a view to its being submitted to solicitors for advice does not, despite its purpose, attract privilege, even though the "pre-existing documents, and even documents on public records, have been selected by a solicitor for the purpose of advising his client and obtaining evidence and the solicitor has exercised skill and judgment in the selection."
1 Cites

1 Citers


 
Cruzan -v- Director, Missouri Department of Health (1990) 110 S Ct 2841
1990


International

1 Citers


 
Midland International Trade Services -v- Al Sudairy Unreported, 11th April 1990
11 Apr 1990
ChD
Hobhouse J
International, Litigation Practice
The court had power to order the payment of interest on a judgment of a court in Saudi Arabia even though a Saudi court would have applied Sharia law. That law follows the teaching in the Koran forbidding the payment or receipt of interest.
1 Citers


 
Dubai Bank Ltd -v- Galadari and Others (No 5) Times, 25 June 1990
25 Jun 1990


Company, International
A British court can legitimately decide whether a foreign plaintiff company was lawfully incorporated.
1 Cites

1 Citers



 
 In re J (a Minor) (Abduction: Custody rights); HL 1-Jul-1990 - [1990] 2 AC 562; Times, 31 July 1990; [2005] 3 WLR 14
 
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