swarb.co.uk - law index
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Torts - Other - From: 1998 To: 1998
This page lists 51 cases, and was prepared on 02 April 2018.
McGlennan v McKinnon 1998 SLT 494
1998
Scotland, Torts - Other
1 Citers
Standard Chartered Bank v Pakistan National Shipping Corporation [1998] 1 Lloyds Rep 684
1998
Cresswell J
Torts - Other
"The tort of deceit involves a false representation made by the defendant, who knows it to be untrue, or who has no belief in its truth, or who is reckless as to its truth. If the defendant intended that the plaintiff should act in reliance on such representation and the plaintiff in fact does so, the defendant will be liable in deceit for the damage caused."
1 Cites
1 Citers
Aubrey Max Sandman v Panasonic UK Limited, Matsushita Electric Industrial Co Ltd [1998] EWHC Patents 346; [1998] FSR 651; [1998] Masons CLR 220; (1998) 21(4) IPD 21038
21 Jan 1998
PatC
Pumfrey J
Intellectual Property, Torts - Other
Application by Panasonic to have claim of copyright infringement of a circuit diagram struck out as vexatious. Held: There was a good arguable case for inferring participation in a common design between a parent company and its subsidiary where the parent adapted a product it manufactured specifically for sale in the United Kingdom where it would infringe copyright. Pumfrey J felt some doubt over this and that his opinion had changed more than once in the course of the argument, suggests that it was a borderline case.
1 Citers
[ Bailii ]
Smith, Smith, Smith (a Minor Suing By her Next Friend Mrs Baker) v Chief Constable of Kent; CA 26-Jan-1998 - [1998] EWCA Civ 63
Gibbs and others v Rea; PC 29-Jan-1998 - Times, 04 February 1998; [1998] UKPC 3; [1998] AC 786
Barnard v Restormel Borough Council; CA 6-Feb-1998 - [1998] EWCA Civ 173
Orange Personal Communications Services Ltd v Paul Squires and Maria Lorraine Carter [1998] EWCA Civ 174
6 Feb 1998
CA
Employment, Torts - Other
Action against former employee for account of secret profit.
[ Bailii ]
Marsal v Apong and others [1998] UKPC 10; [1998] 1 WLR 674
18 Feb 1998
PC
Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead, Mr. Justice Gault
Torts - Other
(Brunei Darussalam)
[ Bailii ]
Scarborough Building Society v Howes Percival (a Firm) [1998] EWCA Civ 407
5 Mar 1998
CA
Torts - Other, Vicarious Liability, Legal Professions
[ Bailii ]
Franklin Mint Limited v Baxtergate Investment Company (In Administrative Receivership) Acting By Its Law of Property Act Receivers Ke Way and Pa Edwards (Sued As Baxtergate Investment Company Limited) [1998] EWCA Civ 442
12 Mar 1998
CA
Torts - Other, Land
[ Bailii ]
Royal Bank of Scotland Plc v Sandstone Properties Ltd and Others Times, 12 March 1998; [1998] 2 BCLC 429
12 Mar 1998
QBD
Tuckey J
Torts - Other
A stock-broker who innocently requested the registration of a transfer supported by a duplicate share certificate was obliged to indemnify the company registrar for his loss even though the fraud had been made possible by duplicate share issue.
Tuckey J: "The certificate named the true owner of the shares, Mr AF Moore. The fact that Mr Moore did not live at 4 Furness Road did not alter the truth of this statement. The certificate did represent that Mr Moore lived at that address, but there is no evidence that the brokers relied on the address as such. The certificate did not represent that the person in possession of it was Mr Moore. The brokers relied on the fact that the fraudster said that he was Mr Moore. For these reasons I do not think that [Counsel for the stockbroker] can point to any representation in the certificate upon which the brokers relied which might found an estoppel. But even if he could, all the cases in which the company was held to be estopped involved a bona fide purchaser for value of the shares in question. Here [Counsel's] submission involves saying that the estoppel arises in favour of the fraudster who transferred the shares. That is not the law. If the estoppel cannot avail the fraudster, it cannot avail his agents, the brokers, either."
1 Citers
Docker, Head, and others v Chief Constable of West Midlands Police; CA 17-Mar-1998 - Times, 29 April 1998; Gazette, 29 April 1998; [1998] EWCA Civ 522
Dunlop v Commissioners of Customs and Excise Times, 17 March 1998; Gazette, 29 April 1998
17 Mar 1998
CA
Torts - Other, Limitation
Malicious prosecution tort only becomes actionable, and limitation period only starts from, the date when prosecution process is completed.
Chamberlain v Lindon; Admn 18-Mar-1998 - Times, 06 April 1998; [1998] EWHC Admin 329
Gizzonio and Another N v Chief Constable of Derbyshire Constabulary; CA 26-Mar-1998 - Times, 29 April 1998; [1998] EWCA Civ 543
Taylor v Sir James Sharples (Sued As Chief Constable of Merseyside Police) [1998] EWCA Civ 585
31 Mar 1998
CA
Police, Torts - Other
[ Bailii ]
Portman Building Society v Hamlyn Taylor Neck (a Firm); CA 22-Apr-1998 - [1998] 4 All ER 202; [1998] EWCA Civ 686
Andrew Rualan Deflorimonte v British Railways Board [1998] EWCA Civ 681
22 Apr 1998
CA
Police, Torts - Other
[ Bailii ]
Brennan v Brighton Borough Council; CA 23-Apr-1998 - [1998] EWCA Civ 689
Pollard v Chief Constable of West Yorkshire Police; CA 28-Apr-1998 - [1998] EWCA Civ 732
Malcolm Frederick Bishop v John Hopkins; Paul Reynolds; Taylors Accountants and Acme Office Furniture [1998] EWCA Civ 745
30 Apr 1998
CA
Torts - Other, Landlord and Tenant
The tenant sought damages alleging wrongful interference with his goods which had been removed from the property.
[ Bailii ]
Twinsectra Limited v Yardley, and similar; CA 30-Apr-1998 - [1998] EWCA Civ 759
Malcolm Selwyn Thomas Phillips v Stanley Wiles [1998] EWCA Civ 896
2 Jun 1998
CA
Torts - Other
The claimant was a burglar. The defendant appealed an award of damages for having assulted the claimant in the course of the burglary. The claimant had suffered injury to his face from being kicked by the defendant after the defendant had tied him up and he was on the ground. The defendant said that some injuries were caused by accident, and the others in self-defence. The injuries were serious. Held: "it defies common sense on the totality of the facts of this case to say that the defendant was using reasonable force in any sense when he kicked the plaintiff whilst the plaintiff was on the ground. It does not, in reality, accord with the defendant's own evidence, and certainly does not accord with the evidence of Dr Milroy. " Appeal denied.
1 Cites
1 Citers
[ Bailii ]
Bashiru Adebola Ayobiojo Angela Wendy Ayobiojo v Andy McGoldrick Sharon McGoldrick [1998] EWCA Civ 894
2 Jun 1998
CA
Torts - Other
The defendant, in repairing their roof had removed a ridge on their neighbour's property. The neighbour had claimed as damages the cost of re-roofing their entire roof. The judge had been unable to see any loss or quantify any damages. Held: The plaintiff's were entitled to the cost of re-instating the ridge only.
1 Cites
1 Citers
[ Bailii ]
Yukong Lines of Korea v Rendsburg Investments Corporation of Liberia [1998] EWCA Civ 911
4 Jun 1998
CA
Torts - Other
1 Cites
1 Citers
[ Bailii ]
G A B Robins Holdings Ltd v Specialist Computer Centres Ltd [1998] EWCA Civ 924
8 Jun 1998
CA
Contract, Torts - Other, Damages
[ Bailii ]
Foulkes v Chief Constable of Merseyside Police; CA 9-Jun-1998 - Times, 26 June 1998; [1998] EWCA Civ 938; [1998] 3 All ER 705
Ricky Zigmund Glowacki v Peter Edward Long and Chief Constable of Lincolnshire [1998] EWCA Civ 1034
18 Jun 1998
CA
Torts - Other
The court considered it desirable that the civil and criminal laws relating to the tort of assault should be the same.
1 Citers
[ Bailii ]
Regina v Governor HM Prison Brockhill, ex parte Michelle Carol Evans (No 2) Gazette, 03 September 1998; Times, 06 July 1998; [1998] EWCA Civ 1042; [1999] QB 1043
19 Jun 1998
CA
Lord Woolf MR, Judge LJ, Roch LJ (dissenting)
Torts - Other, Criminal Sentencing, Damages
The plaintiff was serving a sentence of imprisonment. Her detention was correctly calculated in accordance with the law as understood. That method was later disapproved when the Divisional Court laid down (everyone has assumed correctly) a different method of calculation. If that new method of calculation was adopted the plaintiff had been detained for 59 days too long. The plaintiff claimed damages for false imprisonment. Held: The retrospective effect of the change in the law produced by the last Divisional Court decision prevented the Governor from relying as a defence on the law as it had been declared by the earlier Divisional Court decisions which at the time of the 59 days' detention laid down the relevant law. Court decisions on the application of rules for the calculation of 'time served' whilst a prisoner awaited trial are retrospective in effect. Damages for wrongful imprisonment were to be calculated on basis of the decision made subsequent to the prisoner's release. The idea of the prospective overruling of a judgment has much to commend it.
Criminal Justice Act 1991 33 41 51
1 Citers
[ Bailii ]
Regina v London Borough of Sutton, ex parte Jolley; CA 19-Jun-1998 - Gazette, 15 July 1998; Times, 23 June 1998; [1998] EWCA Civ 1049; [1998] 1 WLR 1546
Yukong Line Limited of Korea v Rendsburg Investments Corporation of Liberia; etc [1998] EWCA Civ 1075
23 Jun 1998
CA
Torts - Other
Conspiracy.
[ Bailii ]
In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L; HL 25-Jun-1998 - Gazette, 22 July 1998; Times, 30 June 1998; [1998] UKHL 24; [1998] Fam Law 592; [1999] AC 458; [1998] 3 All ER 289; [1998] 3 WLR 107; [1998] 2 FLR 550; [1998] 2 FCR 501
Morris v Kwik Save Stores Ltd [1998] EWCA Civ 1102
26 Jun 1998
CA
Kennedy, Morritt LJJ
Torts - Other, Damages
The plaintiff sought an extension of time to apply for leave to appeal against the level of damages awarded to him after his wrongful imprisonment by the defendant.
[ Bailii ]
Dewan Moh Ali Haider v Kaliquel Zaman Robal Uddin Choudry Second [1998] EWCA Civ 1162
7 Jul 1998
CA
Torts - Other, Evidence
[ Bailii ]
Laselles Stanley v Ajab Singh Benning (T/a Temptation Clothing and Charlie Browns Menswear) [1998] EWCA Civ 1206
14 Jul 1998
CA
Torts - Other
[ Bailii ]
Vincent v Chief Constable of North Wales Police [1998] EWCA Civ 1221
15 Jul 1998
CA
Police, Torts - Other
[ Bailii ]
Dubai Aluminium Company Ltd v Salaam and Others; QBD 17-Jul-1998 - Times, 04 September 1998; [1998] EWHC 1204 (Comm); [1999] 1 Lloyd's Rep 415
Regina v Tameside Magistrates Court and Tameside Metropolitan Borough Council ex parte Coleman and Davenport [1998] EWCA Civ 1268
22 Jul 1998
CA
Magistrates, Local Government, Torts - Other
Allegations of malicious prosecution against local authorities for seeking and obtaining wrongful orders committing the claimants to prison for non-payment of Community Charge.
Community Charges (Administration and Enforcement) (Amendment) Regulations 1989
[ Bailii ]
Ahmed v Chief Constable of West Midlands Police; CA 28-Jul-1998 - [1998] EWCA Civ 1305
Barker v Barking Havering and Brentwood Community Healthcare NHS Trust (Warley Hospital) Dr Taylor; CA 30-Jul-1998 - [1999] 1 FLR 106; [1998] EWCA Civ 1347
Carroll v Avery Clifford and Co [1998] EWCA Civ 1384
5 Aug 1998
CA
Schiemann LJ
Torts - Other
Leave to appeal granted.
[ Bailii ]
Gotha City v Sotheby's and Another; Federal Republic of Germany v Same Times, 09 October 1998
9 Sep 1998
QBD
Moses J
Limitation, Torts - Other
Limitation does not run in favour of a thief. A painting stolen during the war and dealt with by those knowing its true origin remained in the ownership of the original owner however long it had been held by someone who was not a purchaser in good faith. Moses J said: "In resolving the disputes as to foreign law, I must be guided by the following principles:
(1) when faced with conflicting evidence about foreign law, I must resolve differences in the same way as in the case of other conflicting evidence as to facts (Bumper Development Corporation Ltd v Commissioner of Police for the Metropolis [1991] 1 WLR 1362 at 1368G);
(2) where the evidence conflicts I am bound to look at the effect of the foreign sources on which the experts rely as part of their evidence in order to evaluate and interpret that evidence and decide between the conflicting testimony (Bumper Corporation at 1369H ;
(3) I should not consider passages contained within foreign sources of law produced by the experts to which those experts have not themselves referred (Bumper Corporation at 1369D to G);
(4) it is not permissible to reject uncontradicted expert evidence unless it is patently absurd (Bumper Corporation at 1371B);
(5) In considering foreign sources of law I should adopt those foreign rules of construction of which the experts have given evidence (this principle underlies the principle that an English court must not conduct its own researches into foreign law);
(6) whilst an expert witness may give evidence as to his interpretation as to the meaning of a statute, it is not for the expert to interpret the meaning of a foreign document. His evidence will be limited to giving evidence as to the proper approach, according to the relevant foreign rules of construction to that document"."
Limitation Act 1980 4
1 Cites
1 Citers
McLeod v The United Kingdom Times, 01 October 1998; 72/1997/856/1065; 24755/94; [1998] ECHR 92; (1998) 27 EHRR 493; [1998] ECHR 92
23 Sep 1998
ECHR
Human Rights, Police, Torts - Other
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
European Convention on Human Rights
1 Citers
[ Bailii ] - [ Bailii ]
David Barnett v Barbara Goward [1998] EWCA Civ 1487
6 Oct 1998
CA
Torts - Other
[ Bailii ]
Stephen George Barnett v Z Angel [1998] EWCA Civ 1549
15 Oct 1998
CA
Torts - Other
[ Bailii ]
Clewley v Chief Constable of West Midlands Police [1998] EWCA Civ 1560
19 Oct 1998
CA
Police, Torts - Other
[ Bailii ]
Huyton SA v Peter Cremer Gmbh and Co [1998] EWHC 1208 (Comm); [1999] 1 Lloyds Rep 620
21 Oct 1998
ComC
Mance J
Contract, Torts - Other
Mance J discussed the law of economic duress saying it was established law that economic pressure could amount to duress and referred to two basic ingredients for duress of that character. He identified those ingredients as first, "illegitimate pressure by one party", and secondly the requirement that this should be "a significant cause inducing the other party to act as he did".
1 Citers
[ Bailii ]
Brooker and Brooker v Chief Constable of Thames Valley Police; CA 26-Oct-1998 - [1998] EWCA Civ 1619
Ratcliff v G R McConnell and E W Jones; CA 30-Nov-1998 - Times, 03 December 1998; [1999] 1 WLR 670
Three Rivers District Council and Others v Governor and Company of the Bank of England (No 3); CA 10-Dec-1998 - Times, 10 December 1998; [2000] 2 WLR 15
Jameson and Another v Central Electricity Generating Board and others; HL 16-Dec-1998 - Times, 17 December 1998; Gazette, 03 February 1999; [1998] UKHL 51; [2000] 1 AC 455; [1999] 2 WLR 141; [1999] 1 All ER 193