Links: Home | swarblaw - law discussions

swarb.co.uk - law index


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: 2001 To: 2001

This page lists 58 cases, and was prepared on 02 April 2018.

 
Kelly v Director of Public Prosecutions [2003] Crim LR 45; [2002] EWHC Admin 1428; [2002] 166 JP 621
2001
Admn
Burton J
Torts - Other
The appellant had been convicted by the magistrates of an offence under section 2 of the Act. He had made three abusive telephone calls within a few minutes of one another to the victim's mobile, in the middle of the night. The victim did not receive the calls at that time and they were recorded on her voicemail facility. In the morning she listened to all three messages one after the other. He submitted that the three calls were all so much part and parcel of one another that there was no course of conduct, and that in any event the victim had to feel alarm on more than one occasion. Held: The appeal failed. Each call was abusive and alarming, but the peculiar facts there were that the calls were very close in time and the victim was only alarmed on one occasion.
Burton J said: "Similarly, the purpose of the Act, it seems to me plain, is intended to render actionable conduct which might not be alarming if committed once, but becomes alarming by virtue of being repeated – the repetitious conduct to which Latham LJ referred [in Pratt (2001) 165 JP 800]…It seems to me that…what was intended was that something which might not be alarming the first time would become actionable, criminally and civilly, on the second occasion. It is, therefore, in my judgment, not necessary for there to be alarm caused in relation to each of the incidents relied upon as forming part of the course of conduct. It is sufficient if, by virtue of the course of conduct, the victim is alarmed or distressed."
Protection from Harassment Act 1997 2
1 Citers


 
City Television v Conference and Training Office Ltd [2001] EWCA Civ 1770
2001


Torts - Other
The defendants came into possession of equipment stolen from the plaintiffs. Were they liable in conversion?


 
 A E Beckett and Sons (Lyndons) Ltd and Others v Midlands Electricity Plc; CA 10-Jan-2001 - Times, 10 January 2001; Gazette, 01 February 2001; [2001] EWCA Civ 312; [2001] 1 WLR 281
 
Turner v Royal Bank of Scotland Plc [2001] EWCA Civ 64
23 Jan 2001
CA

Banking, Torts - Other
The claimant sought damages for an alleged negligent mis-statement by his bankers when giving a reference. He sought leave to appeal. Held: Leave was refused. The claimant had not established either that the bank had broken its duty of care to the claimant, or that he had suffered any loss.
1 Cites

1 Citers

[ Bailii ]
 
Standard Chartered Bank v Pakistan National Shipping Corporation; Seaways Maritime Limited; Oakprime International Limited; Arvind Mehra and Sgs United Kingdom Limited [2001] EWCA Civ 55; [2001] CLC 825
26 Jan 2001
CA
Potter LJ, Henry LJ and Wall J
Torts - Other, Damages
As part of its attempt to mitigate its loss caused by deceit perpetrated in relation to it by the defendants, the claimant bank presided over the sale of a cargo of bitumen in Vietnam. To do this, it sent one of its officers, to Vietnam on two occasions, each for about two months. The bank claimed his salary during those visits, namely US$30,000. The defendants appealed. Held: The appeal succeeded. Potter LJ cited Tate and Lyle and said: "It does not seem to me that either the passage quoted or the circumstances relating to the claim in Tate and Lyle justify the recovery of the proportion of Mr Griffiths' salary claimed in this case. No doubt it was true, as the judge stated, that, in visiting Vietnam, Mr Griffiths was engaged in an unusual task. However it is not suggested that his trip abroad, as an employee engaged in the business of [the bank] and in respect of whose responsibilities his salary was in any event payable, led to any significant disruption in [the bank's] business or any loss of profit or increased expenditure on [the bank's] part … In certain situations, involving particular types of trading concern, such a claim may be appropriate. In particular, building contractors who, by reason of delay, suffer increased costs attributable to a particular job which costs are irrecovable elsewhere, may claim for a proportion of their fixed overheads (including head office salaries) as part of their claim for consequential loss. However, that is not this case. There is no suggestion that the business of [the bank], or the system of charging upon which its profits depend, were in any way adversely affected by the diversion of Mr Griffiths to Vietnam."
1 Cites

1 Citers

[ Bailii ]
 
Darby v National Trust Times, 23 February 2001; [2001] PIQR 372; [2001] EWCA Civ 189
29 Jan 2001
CA

Torts - Other, Negligence
The claimant's husband drowned swimming in a pond on the National Trust estate at Hardwick Hall. Miss Rebecca Kirkwood, the Water and Leisure Safety Consultant to the Royal Society for the Prevention of Accidents, gave uncontradicted evidence, which the judge accepted, that the pond was unsuitable for swimming because it was deep in the middle and the edges were uneven. She said The National Trust should have made it clear that swimming in the pond was not allowed and taken steps to enforce the prohibition. Held: It was for the court to set the standard, not the witness. The risk from drowning in a small pond is obvious, and no warning should be required. Where there is a special risk, of catching Weill's disease from swimming in a stretch of water, and a notice would have prevented the deceased swimming, the owner's negligence in not erecting a warning sign is irrelevant where this was not in fact a cause of the death.
1 Citers

[ Bailii ]

 
 Sykes v Harry and Trustee of Estate of Harry, a Bankrupt; CA 1-Feb-2001 - Times, 27 February 2001; Gazette, 05 April 2001; [2001] EWCA Civ 167; [2001] 3 WLR 62; [2001] NPC 26; [2001] L & TR 40; (2001) 33 HLR 80; (2001) 82 P & CR DG9; [2001] 17 EG 221; [2001] 1 EGLR 53; [2001] QB 1014; (2001) 82 P & CR 35
 
Standard Chartered Bank v Pakistan National Shipping Corporation and others [2001] EWCA Civ 183
6 Feb 2001
CA

Torts - Other, Costs

[ Bailii ]

 
 Kuwait Airways Corporation v Iraqi Airways Company and Another (No 2); HL 8-Feb-2001 - Gazette, 15 February 2001; Times, 14 February 2001; [2001] 1 Lloyd's Rep 485; [2001] 1 WLR 429; [2001] UKHL 72
 
Abdul-Ghaffar Khan-Ghauri (T/A Glam Homes) v Dunbar Bank Plc and others [2001] EWCA Civ 223
8 Feb 2001
CA

Torts - Other

[ Bailii ]
 
Burke v Lancashire County Council and Another [2001] EWCA Civ 219
13 Feb 2001
CA

Personal Injury, Torts - Other
Application for leave to appeal.
[ Bailii ]

 
 Hough v Chief Constable of Staffordshire Police; CA 14-Feb-2001 - Times, 14 February 2001; Gazette, 05 April 2001; [2001] EWCA Civ 39

 
 Regina v Carroll and Al-Hasan and Secretary of State for Home Department; Admn 16-Feb-2001 - [2001] EWHC Admin 110
 
Barker v Fuller [2001] EWCA Civ 379
7 Mar 2001
CA

Torts - Other

[ Bailii ]
 
Henderson v Chief Constable of Cleveland Constabulary Times, 16 March 2001
16 Mar 2001
CA

Police, Torts - Other
Police arrested the claimant on Friday, but before releasing him on the Saturday they executed a warrant they had known about on arrest, resulting in his being kept in custody over the weekend. He claimed false imprisonment. The court held that the police had a discretion as to when to execute the warrant, but that discretion must not be exercised unreasonably. There may be many proper reasons for delaying the execution of the warrant, but a general policy which removed the discretion would be wrong.


 
 Edgar v Berger and others; CA 21-Mar-2001 - [2001] EWCA Civ 442

 
 Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3); HL 23-Mar-2001 - Times, 23 March 2001; [2001] 2 All ER 513; [2001] UKHL 16; [2000] 2 WLR 1220; [2003] 2 AC 1; [2001] Lloyds Rep Bank 125; (2001) 3 LGLR 36
 
Commissioners of Customs and Excise v Cresta Holidays Ltd and Others Gazette, 05 April 2001; [2001] EWCA Civ 215
5 Apr 2001
ChD

Insurance, Torts - Other, Customs and Excise
Travel operators sold insurance on behalf of insurance companies who paid on Insurance Premium Tax. The level of tax was raised, but the increase was later found to be unlawful state aid. The operators sought a refund of the tax overpaid from the Commissioners. Such a claim could be made only under one of two provisions. One related to claims before payment, and the second to restitution. Since the claimants had not themselves paid the tax, there was no restitution, and the claim failed.
[ Bailii ]
 
Ogle v Thames Valley Police [2001] EWCA Civ 598
6 Apr 2001
CA

Police, Torts - Other

[ Bailii ]
 
Casio Computer Co Ltd v Sayo and others [2001] EWCA Civ 661
11 Apr 2001
CA
Pill LJ, Tuckey LJ, Arden LJ
Jurisdiction, Torts - Other
The court was asked whether a constructive trust claim based on dishonest assistance is a matter "relating to tort, delict or quasi delict" for the purpose of Article 5(3) of the Brussels Convention? Held: A constructive trust claim based upon dishonest assistance is within the scope of Article 5(3). The loss took place where the money was lost to the claimant in the banking system. The appeal failed. The judge's conclusion that Article 6(1) gives this Court jurisdiction over the claim against Kaiser in these proceedings was right.
Convention On Jurisdiction And The Enforcement Of Judgments 5
1 Cites

1 Citers

[ Bailii ]
 
Parkinson v St James and Seacroft University Hospital NHS Trust Times, 24 April 2001; Gazette, 01 June 2001; [2001] Lloyd's Rep Med 309; [2001] EWCA Civ 530; [2001] 3 WLR 376; [2002] QB 266
11 Apr 2001
CA
Hale LJ
Professional Negligence, Damages, Torts - Other
A mother had undergone a negligent sterilisation, and in due course she gave birth to a disabled child. Held: The right to bodily integrity is the first and most important of the interests protected by the law of tort. The cases saying that damages could not be claimed for the expense of bringing up a child should stand, but there was an exception which allowed the award of the additional, but not basic, costs and expenses of bringing up the child so far as they followed from the disability. Hale LJ stressed the importance of bodily integrity.
1 Citers

[ Bailii ]
 
Purchase v Thames Valley Police [2001] EWCA Civ 682
11 Apr 2001
CA

Police, Torts - Other
The defendant sought leave to appeal an award of damages for assault by four police officres on the claimant. The jury had been asked various questions about their conclusions on the facts. The defendant said the answers given were inconsistent. Held: The answers were consistent with the jury taking different views of the actions of different officers. Leave refused.
1 Cites

[ Bailii ]

 
 Balchin v Chief Constable of Hampshire Constabulary; CA 4-May-2001 - Times, 04 May 2001; [2001] EWCA Civ 538
 
Kuwait Airways Corporation v Iraqi Airways Company [2001] EWHC 514 (Comm)
15 May 2001
ComC
Langley J
Torts - Other
Whether claim for compensation for loss of spares should proceed after principal action.
[ Bailii ]
 
Wilson v Westney and Another [2001] EWCA Civ 839
17 May 2001
CA
Keene LJ
Torts - Other, Defamation
Application for permission to appeal from an order dismissing the appellant's claim for defamation and malicious falsehood and gave summary judgment for the respondents, who were the defendants.
[ Bailii ]

 
 Regina v Colohan; CACD 17-May-2001 - Times, 14 June 2001
 
Shepherd v Cheshire Police [2001] EWCA Civ 843
17 May 2001
CA

Police, Torts - Other

[ Bailii ]
 
Barron Industrial Services Ltd v Hargreaves and others [2001] EWCA Civ 874
21 May 2001
CA
Jonathan Parker LJ
Torts - Other
Renewed application by four defendants for permission to appeal against an order dismissing the applicants' application that the action be struck out, alternatively that summary judgment be given in their favour, on the ground that the claim is hopeless.
[ Bailii ]

 
 Kuddus v Chief Constable of Leicestershire Constabulary; HL 7-Jun-2001 - Times, 13 June 2001; Gazette, 12 July 2001; [2001] UKHL 29; [2002] 2 AC 122; [2001] 3 All ER 193; [2001] 2 WLR 1789; (2001) 3 LGLR 45
 
Fowler v Commission for New Towns [2001] EWCA Civ 1027
22 Jun 2001
CA

Torts - Other

[ Bailii ]

 
 Quaquah v Group 4 Securities Ltd and Another; QBD 27-Jun-2001 - Times, 27 June 2001
 
Norman Hudson v Shogun Finance Ltd Times, 04 July 2001; [2001] EWCA Civ 1000
28 Jun 2001
CA
Lord Justice Brooke, Lord Justice Sedley, Lord Justice Dyson
Consumer, Contract, Torts - Other
A rogue had purchased a car, using a false name to obtain finance. He had then sold it to the defendant. The finance company claimed the car back. Held: The dealer had not taken all the steps he might have done to check the identity of the buyer, but Cundy v Lindsay was binding, and the innocent purchaser had not obtained any title. The Act did not operate to protect him unless the rogue had been a debtor under the Act. The person whose signature had been forged could not be sued under the finance agreement. The rogue was not the hirer named in the agreement. The dealer was not the agent of the finance company, since he had no authority to make an agreement on their behalf. It was therefore impossible to apply the 'face to face' principle to suggest the contract was made with the rogue who presented himself at the showroom.
Hire Purchase Act 1964 27 - Consumer Credit Act 1974 Sch 4 Para 22
1 Cites

1 Citers


 
Cleveland Police v Watson [2001] EWCA Civ 1144
10 Jul 2001
CA

Torts - Other, Police, Evidence
The Chief Constable renewed his application for leave to appeal against a judgment for damages for assault and malicious prosecution, saying that the judge had incorrectly not allowed mention of some of the claimant's convictions. Held: Some of the convictions were spent and had been correctly excluded.
Rehabilitation of Offenders Act 1974 7(3)
[ Bailii ]
 
Humberside Police v McQuade [2002] 1 WLR 1347; (2001) 165 JP 729; [2001] EWCA Civ 1330
12 Jul 2001
CA
Peter Gibson Lj, Law LJ, Sir Martin Nourse
Torts - Other, Personal Injury, Police, Police, Crime
Defendant's appeal against an order giving judgment for the claimant in the action for damages to be assessed for wrongful arrest and personal injury. The claimant had been arrested in his home, purportedly for a breach of the peace. There was no public element or public dimension involved in the circumstances of the arrest. Held: The appeal succeeded. McConnell was an authority binding on the court. Authority apart, it would be contrary to principle to hold that an act which would constitute a breach of the peace if committed in a public place, or on private premises where a person or persons other than the participants are affected by it, should cease to be such if committed on private premises where only the participants are involved. None of the authorities gives support for such a distinction, which could not be justified on grounds of public policy or otherwise.
1 Cites

[ Bailii ]
 
McQuade v Chief Constable of Humberside Police Times, 03 September 2001; Gazette, 13 September 2001
12 Jul 2001
CA
Gibson, Laws LJJ, Nourse
Crime, Police, Torts - Other
It was not necessary for there to be a common law breach of the peace on private premises, for there to be shown any disturbance to members of the public outside the premises. A head note in the case of McConnell was a mis-interpretation of that case, insofar as it suggested that any such disturbance was necessary.
1 Cites



 
 McGrath v Chief Constable of the Royal Ulster Constabulary and Another; HL 12-Jul-2001 - Times, 13 July 2001; [2001] UKHL 39; [2001] 2 AC 731; [2001] 4 All ER 334; [2001] NI 303; [2001] 3 WLR 312

 
 Thomas v News Group Newspapers Ltd and Simon Hughes; CA 18-Jul-2001 - Times, 25 July 2001; [2001] EWCA Civ 1233; [2002] EMLR 78
 
Thomas v News Group Newspapers Ltd [2001] EWCA Civ 1233; [2002] EMLR 4
18 Jul 2001
CA
Lord Phillips MR, Jonathan Parker LJ, Mustill J
Civil Procedure Rules, Torts - Other, Media, Human Rights
The publication of articles in a newspaper describing how a "black clerk" had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail. Held: The court considered the type of conduct which had to be proved to bring the case within the statute. Publication of press articles is, in law, capable of amounting to harassment albeit in only very rare circumstances. Lord Phillips MR said that: "Section 7 of the 1997 Act does not purport to provide a comprehensive definition of harassment. There are many actions that foreseeably alarm or cause a person distress that could not possibly be described as harassment. It seems to me that section 7 is dealing with that element of the offence which is constituted by the effect of the conduct rather than with the types of conduct that produce that effect.
The Act does not attempt to define the type of conduct that is capable of constituting harassment. "Harassment" is, however, a word which has a meaning which is generally understood. It describes conduct targeted at an individual which is calculated to produce the consequences described in section 7 and which is oppressive and unreasonable. The practice of stalking is a prime example of such conduct."
Civil Procedure Rules 24 - Protection from Harassment Act 1997 - European Convention on Human Rights 10 - Human Rights Act 1998 12(4)
1 Citers

[ Bailii ]
 
Barker v Fuller (T/A Strood Motor Co and Maingate Motor Co) [2001] EWCA Civ 1301
20 Jul 2001
CA

Torts - Other

1 Citers

[ Bailii ]
 
Isaac v West Midlands Police [2001] EWCA Civ 1405
24 Jul 2001
CA
Hale, Longmore LJJ
Police, Torts - Other, Damages
Defendant's application for leave to appeal against judgment of assault, false imprisonment and malicious prosecution for the claimant. Held: Appeal dismissed.
[ Bailii ]
 
Daido Asia Japan Company Ltd v Ines Charlotte Rothen [2001] EWHC Ch 163; [2002] BCC 589
24 Jul 2001
ChD
Mr Justice Lawrence Collins
Torts - Other
Claim of false representation.
[ Bailii ]
 
Ghassan Shaker and Others v Mohammed Al-Bedrawi and Others [2001] EWHC Ch 159
26 Jul 2001
ChD
Mr Justice Lawrence Collins
Company, Torts - Other

1 Citers

[ Bailii ]
 
Sabaf Spa v MFI Furniture Centres Ltd and Managhetti Spa [2002] EWCA Civ 976; [2003] RPC 264
31 Jul 2001
ChD
The Hon Mr Justice Laddie
Intellectual Property, Torts - Other
The claimant owned a patent on certain features of a cooking hob, and complained that the defendants had imported infringing designs. The defendant challenged the patent for obviousness. Held: Both of the inventive features relied upon to support the patent were obvious in the light of the prior art. The argument that a combination would lack an inventive step only if it was obvious to combine the two obvious features was rejected since this would "turn the law of collocation on its head." It was difficult to reconcile the collocation rule with the procedure adopted in the Windsurfing case.
Laddie discussed the idea of joint tortfeasors: "The underlying concept for joint tortfeasance must be that the joint tortfeasor has been so involved in the commission of the tort as to make himself liable for the tort. Unless he has made the infringing act his own, he has not himself committed the tort. That notion seems to us what underlies all the decisions to which we were referred. If there is a common design or concerted action or otherwise a combination to secure the doing of the infringing acts, then each of the combiners has made the act his own and will be liable. Like the judge, we do not think that what was done by Meneghetti was sufficient. It was merely acting as a supplier of goods to a purchaser which was free to do what it wanted with the goods. Meneghetti did not thereby make MFI's infringing acts its own."
1 Cites

1 Citers

[ Bailii ]
 
Ferns v Rev Hendron and others
28 Sep 2001
SCS
Lord Bonomy
Scotland, Torts - Other, Negligence

[ ScotC ]

 
 Proulx v Quebec (Attorney General); 18-Oct-2001 - 2001 SCC 66; [2001] 3 SCR 9

 
 Wilson v Commissioner of Police for Metropolis; CA 23-Oct-2001 - [2001] EWCA Civ 1708
 
Fuller v Barker [2001] EWCA Civ 1606
26 Oct 2001
CA

Torts - Other

1 Cites

[ Bailii ]
 
Regina (on the Application of Hunter) v Ashworth Hospital Authority [2001] EWHC Admin 872
30 Oct 2001
Admn
Sir Christopher Bellamy QC J
Health, Torts - Other
The court described the regime imposed at Ashworth Hospital as "inevitably intense for safety and security reasons. All high risk patients and newly-admitted patients are subject to a high degree of observation at all times. Regular checks are made on all occupants. A patient is allowed time in communal areas of the hospital with other patients only with close observation and after a detailed risk assessment. "
1 Citers

[ Bailii ]
 
Pearce v Ove Arup Partnership Ltd and others [2001] EWHC Ch 455; [2001] EWHC Ch 481
2 Nov 2001
ChD
Jacob J
Intellectual Property, Torts - Other
An architect was accused of deliberate copying of another's plans in building the Kunsthal in Rotterdam. The case concerned Dutch copyright, and the experts could not agree on the degree of copying required to found a claim. Held: The expert evidence fell well short of establishing any copying, and the court rejected the allegation entirely. Jacob J: "I see no reason why a judge who has formed an opinion that an expert had seriously broken his Part 35 duty should not, in an appropriate case, refer the matter to the expert's professional body if he or she has one. Whether there is a breach of the expert's professional rules and if so what sanction is appropriate would be a matter for the body concerned." A witness should be given an opportunity to make representations before any referral took place.
1 Cites

[ Bailii ] - [ Bailii ]

 
 Smith (Administrator of Cosslett (Contractors) Limited) v Bridgend County Borough Council; In re Cosslett (Contractors) Ltd; HL 8-Nov-2001 - [2001] UKHL 58; [2002] 1 AC 336; 80 Con LR 172; [2001] 3 WLR 1347; [2002] 1 All ER 292; [2002] 1 BCLC 77; [2002] TCLR 7; [2001] BCC 740; [2002] BLR 160; [2001] NPC 161
 
Wong v Parkside Health NHS Trust and Another Times, 07 December 2001; Gazette, 10 January 2002; [2001] EWCA Civ 1721; [2003] 3 All ER 932
16 Nov 2001
CA
Lord Justice Brooke, Lady Justice Hale and Mr Justice David Steel
Damages, Personal Injury, Torts - Other
The claimant had sued her former employer for post-traumatic stress resulting from alleged harassment at her place of work. The claimant appealed against an order refusing damages. The court had held that outside the 1997 Act which was not in force at the time, there was no tort of harassment. The question was the extent of the tort of causing intentional distress. The law provided an alternative. The claimant must pursue either criminal or civil proceedings but not both. The law had recognised extensions of the term 'molest' as between family members. Held: Before the Act there was a right only for an injunction, and not for damages for acts which themselves fell short of a tort. Whilst the 1861 Act remained in force, and where the public authorities refused to prosecute, a private claimant had to choose between the alternatives of a private prosecution, or an action for damages. For a claim for damages to succeed there must be physical or psychiatric damage, and an intention to create such harm. Although the tort is commonly labelled "intentional infliction of harm", it was not necessary to prove actual (subjective) intention to injure; it was sufficient to prove that the conduct was "calculated" to do so in the sense of being deliberate conduct which was likely in the nature of things to cause injury .
Hale LJ analysed the tort in Downton: "For the tort to be committed, as with any other action on the case, there has to be actual damage. The damage is physical harm or recognised psychiatric illness. The defendant must have intended to violate the claimant's interest in his freedom from such harm. The conduct complained of has to be such that that degree of harm is sufficiently likely to result that the defendant cannot be heard to say that he did not 'mean' it to do so. He is taken to have meant it to do so by the combination of the likelihood of such harm being suffered as the result of his behaviour and his deliberately engaging in that behaviour."
Offences against the Person Act 1861 45 - Protection from Harassment Act 1997
1 Cites

1 Citers

[ Bailii ]
 
Persson v Ashford (T/A Ashfords Independent Professional Conveyancers) [2001] EWCA Civ 1800
20 Nov 2001
CA

Torts - Other, Professional Negligence

[ Bailii ]
 
Inshore Services (International) Ltd v NFFO Services Ltd, Mark Stanley Hame [2001] EWCA Civ 1722
20 Nov 2001
CA
Lord Justice Brooke, Lord Justice Latham, And, Mr Justice Burton
Contract, Torts - Other
Appeal against finding of wrongful inducing and procuring of breach of contract.
[ Bailii ]

 
 Barings Plc and Another v Coopers and Lybrand and Others; etc; ChD 23-Nov-2001 - [2001] EWHC Ch 461
 
utherland v Barry and Barry [2001] ScotCS 269
23 Nov 2001
SCS
Lord Eassie
Scotland, Torts - Other, Contract

1 Cites

1 Citers

[ ScotC ] - [ Bailii ]
 
Barry and Barry v Sutherland 2002 SLT 413; [2001] ScotCS 268
23 Nov 2001
SCS
Lord Eassie
Scotland, Torts - Other, Damages
The pursuers alleged that the defender had made fraudulent misrepresentations to them when selling them his bar business. On entry they had found a set of accounts showing a lower turnover, and exercised an option to break their lease. Held: The fact that matters did not proceed to the stage of implementation of the element of the contract comprising the sale necessarily precludes any measurement of loss by reference to a value difference at the transaction date.
1 Cites

1 Citers

[ ScotC ] - [ Bailii ]
 
Casio Computer Company Ltd v Sayo and others [2001] EWCA Civ 2085
13 Dec 2001
CA
Potter LJ, Rix LJ
Torts - Other
Applications for leave to appeal.
1 Cites

[ Bailii ]
 
The Home Office v Mary Jane Wainwright, Alan Joseph Wainwright Times, 04 January 2002; Gazette, 27 February 2002; [2001] EWCA Civ 2081; [2002] QB 1334
20 Dec 2001
CA
Lord Justice Mummery, Lord Justice Buxton
Prisons, Torts - Other, Human Rights, Personal Injury
The claimants were awarded damages, following the way they were searched on seeking to enter prison on a visit. The Home Office appealed. They were asked to sign a consent form, but only after the search was nearly complete. They were told the prison officers had a right to conduct the search. The actions had occurred before the Human Rights Act came into force. There had been considerable uncertainty as to whether the Human Rights Act 1998 can apply retrospectively in situations where the conduct complained of occurred before the Act came into force. Case law had not decided whether s3 could operate retrospectively, but it did not. There appeared no intention of the prison officers to cause harm or distress, and no Wilkinson v Downton action was available to the claimant. Any consent was only to a search conducted properly. Claims other than for battery were dismissed. There is no tort of invasion of privacy, but only separate torts protecting body and property. The germ of a tort of breach of privacy all lay in the law of confidence. No element of confidence was involved here
Human Rights Act 1998 3 22(4) - Prison Act 1952 47 - Prison Rules 1964 (1964 No 388) 86(1)
1 Cites

1 Citers

[ Bailii ]
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.