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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.  














Torts - Other - From: 1999 To: 1999

This page lists 44 cases, and was prepared on 02 April 2018.

 
Cullen v Chief Constable of the Royal Ulster Constabulary [1999] NI 237
1999

Carswell LCJ, Nicholson and Campbell LJJ
Police, Torts - Other, Northern Ireland
The claimant had been arrested and complained at his treatment. Held: The failure to give reasons as to why his access to a solicitor was a breach of statutory duty, but there was no private law claim for damages.
1 Citers



 
 Goodes v East Sussex County Council; CA 7-Jan-1999 - Gazette, 17 March 1999; Times, 07 January 1999; Gazette, 03 February 1999; [1998] EWCA Civ 1964; [1999] RTR 210
 
JFS (Uk) Limited (Previously Johnson Filtration Systems Limited), USF Surface Preparations Limited (Previously Tilghman Wheelabrator Limited) v Dwr Cymru Cyf [1999] EWHC Technology 270
14 Jan 1999
TCC

Contract, Torts - Other
Contract. Contract for erection of water treatment works. Whether still in force in relation to a new site when planning permission for original site refused. Effect of express term: "Should planning permission be refused and the Works moved to an alternative site ....".
Warranty. Warranty that "solids removed .... generally 60 - 90% of the feed". Apparent compliance during acceptance tests. Failure to comply during "protocol" tests ordered during the proceedings.
Misrepresentation. "Promissory" representations. Criterion of falsity.
1 Cites

1 Citers

[ Bailii ]

 
 Thoburn v Northumberland County Council; CA 19-Jan-1999 - [1999] EWCA Civ 607
 
Al-Sabah v Ali and Others [1999] EWHC 840 (Ch); [1999] EG 11
22 Jan 1999
ChD
Ferris J
Torts - Other, Land, Legal Professions, Professional Negligence
The claimant alleged the fraudulent transfer of properties by use of a forged power of attorney. Held. The power was fraudulent. Solicitors had acted under the instructions of the agent. The court referred to the Law Society's practice guidance after Penn and said "If instructions come to a solicitor not from the client himself but from a third party claiming to represent the client, the solicitor needs to take special care to satisfy himself that the client wishes him to act, by seeking the client personally or obtaining written confirmation from the client or taking some other step which is sufficient, in the circumstances, to show that the client wants the solicitor to act for him in the matter in question." Nor had the solicitors verified that the vendor had received the proceeds of sale. They were liable in negligence. Any indemnity from the Land Registry would be reduced according to the contribution from the solicitors.
Land Registration Act 1925 83(2)
1 Cites

[ Bailii ]
 
Roberts v Chief Constable of Cheshire Constabulary Times, 27 January 1999; Gazette, 17 February 1999; [1999] EWCA Civ 655; [1999] 1 WLR 662
26 Jan 1999
CA
Clarke LJ
Torts - Other, Police
The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful imprisonment for the period of 2 hours and 20 minutes from 5.25am (when the first review should have taken place in accordance with sections 40(1)(b) and 40(3)(a)) until 7.45am. The plaintiff succeeded at trial,and was awarded £500 in damages. Held: The Chief Constable's appeal was dismissed. The duty to review a suspect's detention within six hours is absolute and a failure to review with a continued detention constitutes wrongful imprisonment until the defect is remedied. Damages may be limited where the suspect was asleep and would not in any event have been released.
Clarke LJ said: "In these circumstances the judge held that the plaintiff was being unlawfully detained as from 5.25am. I agree. Section 34(1) of the Act is mandatory. As already stated, it provides that a person shall not be kept in police detention except in accordance with the relevant provisions of the Act. The plaintiff was detained at 11.25pm on 30 July, so that by section 40(3)(a) a review of his detention should have taken place before 5.25am on 31 July. No such review took place. It follows, as I see it, that from that time the plaintiff was not being detained in accordance with the relevant provisions of the Act. It further follows from section 34(1) that his detention was thereafter unlawful until some event occurred to make it lawful."
Police and Criminal Evidence Act 1984 34
1 Citers

[ Bailii ]
 
Director of Public Prosecutions v L Times, 01 February 1999
1 Feb 1999
QBD

Torts - Other
A custody officer had no duty to enquire further if an arrest appeared lawful, and his decision to hold a suspect in custody was not made unlawful if the arrest subsequently proved unlawful from a circumstance. He was entitled to assume it was lawful.

 
Daley v Campbell [1999] EWCA Civ 695
2 Feb 1999
CA

Torts - Other

[ Bailii ]
 
Fathia Toumia v Home Office [1999] EWCA Civ 744
9 Feb 1999
CA
Brooke, Clarke LJJ
Torts - Other, limitation, Litigation Practice
The claimant appealed against an order allowing the defendant to file an amended defence to his claim for false imprisonment.
1 Citers

[ Bailii ]
 
Aidan Sherry v Mark Gash [1999] EWCA Civ 766
11 Feb 1999
CA

Torts - Other

Protection from Harassment Act 1997
[ Bailii ]
 
Greck v Cardiff County Council and Tucker [1999] EWCA Civ 783
15 Feb 1999
CA

Torts - Other, Personal Injury

[ Bailii ]

 
 Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credits Guarantee Department; HL 19-Feb-1999 - Gazette, 10 March 1999; Times, 19 February 1999; [1999] UKHL 9; [2000] 1 AC 486; [1999] 1 All ER 929; [1999] 2 WLR 540
 
Gabriel v Bailey, Foister and Jagg Limited, Arthur Andersen and Company, Wheeldon [1999] EWCA Civ 836
19 Feb 1999
CA

Torts - Other, Contract

[ Bailii ]
 
Surzur Overseas Ltd v Koros and others [1999] 2 LLR 616; [1999] EWCA Civ 863; [1999] CLC 801
25 Feb 1999
CA
Waller LJ, Hirst and Aldous LJJ
Torts - Other, Jurisdiction
A defendant to a worldwide Mareva injunction had failed to give full disclosure of all his assets in an affidavit filed with the court. False evidence as to sale of the assets in question was later manufactured and placed before the court. The plaintiffs claimed damages against the defendants and others. The claim was characterised as a conspiracy to injure the plaintiffs by a number of unlawful means, those unlawful means including the giving of false evidence before the court. Held: The strike out request was refused. The conspiracy had a broader objective and was not brought simply in respect of evidence given. Accordingly, the appeal was allowed.
Waller LJ referred to Lord Morris in Roy v Prior as to its conclusion in relation to witness immunity,and added: "It also seems to me that what the above demonstrates is that it is not permissible to divide allegations up as Mr Schaff sought to do into those that involve giving evidence and those which do not." and: "In my view the statement of Lord Morris is capable of two interpretations, on either of which the plaintiffs, on the pleaded facts, will not be defeated by the witness immunity rule. On the first interpretation his statement should not be read simply as saying that malicious arrest or malicious prosecution alone are exceptions to the witness immunity rule. His statement, in my view, supports a broader proposition that if the action is not brought simply in respect of evidence given or supplied but is brought in relation to some broader objective during the currency of which it may well be that evidence was given witness immunity should not apply."
1 Cites

1 Citers

[ Bailii ]
 
Fathi Toumia v David Evans (Secretary General of the Prison Officers Association Times, 01 April 1999; [1999] EWCA Civ 965
12 Mar 1999
CA

Torts - Other
A prisoner had an arguable case for false imprisonment against a prison officers union who advocated industrial action resulting in him being locked in his cell for much longer than normal. A judge was wrong to hear an appeal without notifying the parties.
1 Cites

1 Citers

[ Bailii ]
 
Chechi v Bashier and others [1999] EWCA Civ 962
12 Mar 1999
CA

Torts - Other

[ Bailii ]
 
Griffin v George Hammond Plc [1999] EWCA Civ 992
16 Mar 1999
CA

Torts - Other

[ Bailii ]
 
Naser Taher; Safa Limited; International Investment Foundation v Paul Towey; Paul Group International (Insurance Brokers) Ltd and Paul Group Ltd [1999] EWCA Civ 1026
18 Mar 1999
CA

Contract, Torts - Other

[ Bailii ]
 
Companhia De Seguros Imperio v Heath (Rebx) Ltd and others [1999] EWHC 285 (Comm)
30 Mar 1999
ComC
Langley J
Limitation, Insurance, Torts - Other, Agency
ComC Insurer/reinsurer claimed damages from brokers for breach of written binding authority agreements made in 1970s - claim in tort for breaches of fiduciary duties and of duties coextensive to those under the agreements – also claim for negligent misstatement/misrepresentation. Application for leave to amend particulars of claim to claim indemnity. Application to strike out/dismiss for want of prosecution RSC Order 19, r. 1. Limitation – Limitation Act – whether limitation applicable in claim for breach of fiduciary duty.
1 Cites

1 Citers

[ Bailii ]
 
John Pfeiffer Pty Limited v Rogerson [2000] HCA 36; (2000) 203 CLR 503
16 Apr 1999
HCA

Commonwealth, Jurisdiction, Torts - Other
(High Court of Australia) The double actionability rule should be discarded with regard to claims brought in an Australian court in respect of a civil wrong arising out of acts or omissions that occurred wholly within one or more of the law areas of the Commonwealth of Australia.
1 Citers

[ Austlii ]
 
Clark v Chief Constable of Cleveland Police [1999] EWCA Civ 1357
7 May 1999
CA

Damages, Police, Torts - Other
It was appropriate for courts in all cases to give juries both general guidance on awarding damages and guidance as to the range of awards available in the circumstances. The court aslo set out the proper approach to the award of aggravated damages and exemplary damages against police. The figures the court set out were applicable to what it termed "a straightforward case", and they were not to be used in a "mechanistic manner". Where the defendant is the employer of the police officers involved, exemplary damages are unlikely to have a role, and aggravated damages should be awarded if the aggravating features would result in the claimant not receiving sufficient compensation for his injury. The bad character of the claimant was a factor which made for a "discount" on the damages.
1 Cites

1 Citers

[ Bailii ]
 
Christopher Mark Coore v Chief Constable of Leicestershire Constabulary [1999] EWCA Civ 1366
10 May 1999
CA

Torts - Other, Police, Litigation Practice

[ Bailii ]
 
Clarke v Chief Constable of Northamptonshire Police and Crewe Times, 14 June 1999; Gazette, 16 June 1999
14 Jun 1999
CA

Police, Torts - Other
The police have a duty of care to arrested persons to record fully the times spent custody by an arrested person. A failure to do so can mean that such a person's detention in prison is later extended unlawfully. This result is entirely foreseeable, and the police officer is liable in damages for such wrongful detention.

 
MP v Desmond Dainty [1999] EWCA Civ 1632
21 Jun 1999
CA

Torts - Other
The defendant sought leave to appeal out of time against an award of damages for sexual assault. He had been unable to recover his file of papers from his former solicitors. Held: The delay had nevertheless been excessive, and the prejudice to the claimant of a new trial would be overwhelming. Though there was no express reference to In re H, the judge will have been bound to have applied its standards. Leave refused.
1 Cites

[ Bailii ]
 
Oliver v Calderdale Metropolitan Borough Council Times, 07 July 1999; [1999] EWCA Civ 1656
23 Jun 1999
CA

Litigation Practice, Torts - Other
In a malicious prosecution case, there is no automatic right to have it tried before a jury. If that is to be applied for, the application must be made at the earliest possible directions hearing. Where, as in this case other factors suggested that a jury trial is not appropriate, then one need not be ordered.
County Courts Act 1984 66
[ Bailii ]
 
Gruppo Torras v Al Sabah Unreported, 24 June 1999
24 Jun 1999
ChD
Mance J
Torts - Other
Liability based on knowing receipt did not "depend on the commission of any wrong or give rise to any obligation to make good any loss other than by way of restitution."
1 Citers


 
Grupo Torras Sa and others v Sheikh Fahad and others [1999] EWHC 300 (Comm); [1999] CLC 1469
24 Jun 1999
ComC
Mance LJ
Torts - Other

[ Bailii ]
 
Graham Charles Parker v Chief Constable of the Hampshire Constabulary [1999] EWCA Civ 1685
25 Jun 1999
CA
Lord Justice Peter Gibson, Lord Justice Schiemann, Lord Justice Judge
Police, Torts - Other
The claimant sought damages after his arrest by armed police. The defendant appealed a substantial award of damages. Held: The section required the officer to have reasonable grounds for suspecting the arrestees to be guilty of the offence. The constable must suspect both that an arrestable offence has been committed and that the citizen he is arresting is guilty, and in addition he is required to have reasonable grounds for these suspicions. Held: The state of mind of the officer at the time of the arrest reflected a degree of uncertainty, or to use Lord Devlin’s words, a state of “conjecture or surmise”. This state of mind, suspicious but uncertain, was based on reasonable grounds, and the arrest was lawful.
Police & Criminal Evidence Act 1984 24(6)
1 Citers

[ Bailii ]

 
 Acton v Chief Constable of Wiltshire Constabulary; CA 15-Jul-1999 - [1999] EWCA Civ 1848
 
Kieth Platt v Colin Platt and Another [1999] 2 BCLC 745
19 Jul 1999
ChD

Torts - Other, Company

1 Citers



 
 Western Digital Corporation and others v British Airways plc; QBD 23-Jul-1999 - Times, 23 July 1999
 
County Natwest Bank Ltd v Barton and Others Gazette, 02 September 1999; Times, 29 July 1999
29 Jul 1999
CA

Torts - Other
Where misrepresentation had been established, it was presumed that if the fact misrepresented would reasonably form part of a basis of a decision, that it did so unless it could be shown that it was not so relied upon. It was not right to limit the level of evidence needed to rebut such a presumption. A misrepresentation is relied upon if it results in the continuance of an action already begun.

 
Jones v Maria Kirk [1999] EWCA Civ 2048
30 Jul 1999
CA
Roch LJ, Wilson J
Torts - Other
Application for leave to appeal out of time.
[ Bailii ]
 
Woolwich Building Society v Ibrahim Khan Raja and Daisystar Limited [1999] EWCA Civ 2062
30 Jul 1999
CA

Torts - Other
Alleged mortgage fraud.
[ Bailii ]

 
 John Flynn v Robin Thompson and Partners (a Firm); CA 24-Aug-1999 - Gazette, 10 February 2000; Times, 14 March 2000; [1999] EWCA Civ 2106

 
 Lister and others v Hesley Hall Ltd; CA 7-Oct-1999 - Times, 13 October 1999

 
 Harmon CFEM Facades (UK) Limited v The Corporate Officer of The House of Commons; TCC 28-Oct-1999 - [1999] EWHC Technology 199; 1996 ORB No 1151; (1999) 67 Con LR 1
 
De Beauville v Swycher and Co (A Firm) and Another [1999] EWCA Civ 3048
22 Nov 1999
CA

Torts - Other

[ Bailii ]

 
 Webb v Chief Constable of Merseyside Police; CA 26-Nov-1999 - Gazette, 08 December 1999; [2000] QB 427; [1999] EWCA Civ 3041; [2000] 2 WLR 546; [2000] 1 All ER 209

 
 Monsanto Plc v Tilly and Others; CA 30-Nov-1999 - Times, 30 November 1999; [2000] ENV LR 313; [1999] EWCA Civ 3044; [1999] EG 143

 
 Axa Insurance Co Ltd v Swire Fraser Ltd; CA 9-Dec-1999 - Times, 19 January 2000; [2000] CLC 665; [2001] CP Rep 17; [2000] CPLR 142
 
Kidd v AXA Equity and Law Life Assurance Society Plc, Allied Dunbar Assurance Plc [1999] EWHC QB 184
15 Dec 1999
QBD

Financial Services, Torts - Other

[ Bailii ]

 
 Floods of Queensferry Ltd, David Charles Flood v Shand Constructions Ltd, Morrison Shand Constructions Ltd, Morrison Construction Ltd; TCC 17-Dec-1999 - 1994 ORB 826; [1999] EWHC Technology 183
 
Smith and another v Lloyds TSB Group plc Times, 23 December 1999
23 Dec 1999
QBD

Banking, Torts - Other
A cheque was altered and presented and paid through an account operated by the defendants. The claimants asserted that the collecting bank had converted the cheque and were liable to repay its value. The cheque having been fraudulently altered, it was held that it had, under the Act, ceased to be a cheque as such, it became avoided, and neither collecting nor paying bank were liable for its face value in conversion.
Bills of Exchange Act 1882 64 - Cheques Act 1957 4

 
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