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Torts - Other - From: 2004 To: 2004

This page lists 50 cases, and was prepared on 02 April 2018.

 
Edwards v Lloyd's TSB Bank plc [2004] EWHC 1745 (Ch)
2004
ChD

Contract, Torts - Other
A contract in which one co-owner's signature has been forged by the other is not a nullity but remains valid in relation to the fraudulent co-owner.
1 Citers


 
McHarg v Chief Constable of Thames Valley Police [2004] EWCh 5 (QB)
9 Jan 2004
ChD
Tugendhat J
Police, Torts - Other
The claimant police officer sought damages for malicious prosecution. The defendant applied for the claim to be struck out. Held: There was insufficient evidence to establish malice. The claim was struck out.
1 Cites

[ Bailii ] - [ Bailii ]
 
Harracksingh v The Attorney General of Trinidad and Tobago and PC Neville Adams [2004] UKPC 3
15 Jan 2004
PC
Lord Hoffmann Lord Hope of Craighead Lord Scott of Foscote Sir Andrew Leggatt Sir Kenneth Keith
Commonwealth, Litigation Practice, Police, Torts - Other
(Trinidad and Tobago) The appellant had succeeded in a claim for damages against the police for false imprisonment and assault. He now appealed a reversal of that decision. The judge had been doubtful as to the value of the police evidence. The Court of Appeal had apparently re-assessed that evidence. Held: The trial judge had made explicit findings of fact which the appellate court had no standing to alter. The judgment was re-instated. "the conduct of the police officers was not merely "overzealous", as Mr Dingemans submitted: it was tortious. Although even upon that assumption he did not formally concede liability for malicious prosecution, it is irresistible. Not only was the prosecution doomed, but charging a person with an offence, which the arresting officer knows he has not committed, necessarily involves a lack of honest belief on the part of the officer, and his motive can only have been improper. "
1 Cites

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Regina (Konan) v Secretary of State for the Home Department [2004] EWHC 22 (Admin)
21 Jan 2004
Admn
The Honourable Mr Justice Collins
Immigration, Torts - Other, Human Rights
Collins J said: "Since the detention at least since 24 June 2002 was contrary to the defendant's own policy as published in Chapter 38, it was unlawful. In so deciding, I am applying the decision of the Court of Appeal in Nadarajah. I do not therefore have to consider the question of proportionality."
1 Cites

1 Citers

[ Bailii ]
 
Arlington Productions Ltd and Another v Pinewood Studios Ltd [2004] EWHC 32 (QB)
22 Jan 2004
QBD

Torts - Other

[ Bailii ]
 
Pankhania and Another v Hackney and Another [2004] EWHC 323 (Ch)
23 Jan 2004
ChD

Torts - other

Misrepresentation Act 1967 2(1)
[ Bailii ]
 
Emerson Developments and Others v Avery and Others [2004] EWHC 194 (QB)
26 Jan 2004
QBD
Field J
Torts - Other

Protection Against Harassment Act 1997 3
[ Bailii ]
 
Richards, Regina (on the Application Of) v Secretary of State for the Home Department [2004] EWHC 93 (Admin)
28 Jan 2004
Admn

Human Rights, Torts - Other

European Convention on Human Rights 5.5
[ Bailii ]
 
Society of Lloyd's v Laws and others [2004] EWHC 71 (Comm); [2004] EWHC 130 (Comm)
28 Jan 2004
ComC
The Honourable Mr Justice Cooke
Torts - Other, Professional Negligence, Insurance

1 Cites

[ Bailii ] - [ Bailii ]
 
Daghir and Others, Regina (on the Application of) v Secretary of State for Home Department [2004] EWHC 243 (Admin)
13 Feb 2004
Admn
Hooper J
Damages, Torts - Other

1 Citers

[ Bailii ]
 
I-Way Ltd and Another v World Online Telecom Ltd and others [2004] EWHC 244 (Comm)
13 Feb 2004
ComC

Contract, Torts - Other

[ Bailii ]
 
Is Innovative Software Ltd v Howes [2004] EWCA Civ 171; Times, 10 March 2004; [2004] EWCA Civ 275; Gazette, 01 April 2004
19 Feb 2004
CA
Neuberger LJ
Torts - Other
It was alleged that the defendant had backdated contracts of employment to a time when he had been employed by the claimant, and had induced staff to leave. The company appealed dismissal of its claim. Held: The advantage of the court pre-reading papers was lost if the parties changed the grounds of an appeal without informing the court. This was particularly so where issues as to a party's honesty were in issue. Where a defendant was unrepresented, it was necessary for a claimant to state clearly whether or not an allegation of dishonesty was being made.
1 Cites

[ Bailii ] - [ Bailii ]
 
The Attorney General v Hartwell [2004] UKPC 12; Times, 27 February 2004; Gazette, 25 March 2004; [2004] 1 WLR 1273; [2004] PIQR 27
23 Feb 2004
PC

Torts - Other, Police, Vicarious Liability
PC (The British Virgin Islands) A police officer had taken the police revolver, and used it to shoot the claimant. It was alleged that the respondent police force were vicariously liable for his acts and also negligent in failing to dismiss the officer for earlier misbehaviour. Held: The officer's activities once off duty and having left the island had nothing to do with his duties as a police officer. "Negligence as a basis of liability is founded on the impersonal (“objective”) standard of how a reasonable person should have acted in the circumstances. " and "one of the necessary prerequisites for the existence of a duty of care is foresight that carelessness on the part of the defendant may cause damage of a particular kind to the plaintiff. " In this case the gun and ammunition were available to the officer, though his use was unlawful. A duty of care existed "when entrusting a police officer with a gun the police authorities owe to the public at large a duty to take reasonable care to see the officer is a suitable person to be entrusted with such a dangerous weapon lest by any misuse of it he inflicts personal injury, whether accidentally or intentionally, on other persons. For this purpose no distinction is to be drawn between personal injuries inflicted in the course of police duties and personal injuries inflicted by a police officer using a police gun for his own ends. If this duty seems far-reaching in its scope it must be remembered that guns are dangerous weapons. The wide reach of the duty is proportionate to the gravity of the risks. " Given the eariler compliants about the officers dishonesty and his carrying of knives and guns, that duty had been breached.
1 Cites

1 Citers

[ PC ] - [ Bailii ] - [ PC ]
 
Larrier v Merseyside Police [2004] EWCA Civ 246
25 Feb 2004
CA

Torts - Other, Police

[ Bailii ]
 
Goodway and Another v Zurich Insurance Co. [2004] EWHC 136 (TCC)
27 Feb 2004
TCC

Litigation Practice, Torts - Other
The Insurance company sought enforcement of a Tomlin Order, and the defendant sought its setting aside for having been obtained by misrepresentation.
[ Bailii ]
 
Carlton Rattansingh (Legal personal representative of the estate of Joseph Rattansingh) v The Attorney General of Trinidad and Tobago Kanadhar Doopan (Comptroller of Customs and Excise) [2004] UKPC 15
2 Mar 2004
PC
Lord Bingham of Cornhill, Lord Steyn, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Carswell
Commonwealth, Torts - Other, Customs and Excise, Limitation
PC (Trinidad and Tobago) Tyres were seized by the second respondent upon being imported in 1984, but proceedings were not taken to forfeit and condemn the goods. The plaintiff sought their return: the defendant argued limitation. Held: There was no answer to the plea of limitation. New grounds could not be advanced at the hearing.
[ PC ] - [ Bailii ]
 
Pelling v Johnson [2004] EWHC 492 (QB)
16 Mar 2004
QBD
Mr Justice Leveson
Torts - Other
The claimant sought damages for assault by a court officer while acting as McKenzie Friend. Held: A minor assault had taken place. The claimant was awarded £50.00 damages.
[ Bailii ]
 
McMillan Williams (a Firm) v Range [2004] EWCA Civ 294; Times, 16 April 2004
17 Mar 2004
CA
Ward LJ, Mantell LJ, Jonathan Parker LJ
Employment, Contract, Torts - Other
The respondent was employed as a solicitor to be paid commission on fees paid. She received advances against those payments. She was dismissed after failing to reach the targets. The employer sought repayment of the excess advances. She replied that the payments were Credit, and void under the Act. Held: The agreement did not provide credit. The solicitor was earning the money, not repaying the advance. At the time of the contract no debt could be said to be created. The contract was essentially a means for payment of remuneration. When entered into either party might owe the other sums, and it could not be predicted which way it would be. It was not a credit agreement, and so was not unenforceable.
Consumer Credit Act 1974 8
1 Cites

[ Bailii ]
 
Jason Paul v Chief Constable of Humberside Police [2004] EWCA Civ 308
17 Mar 2004
CA
Mr Justice Brooke Lord Justice Chadwick Lord Justice Kay
Torts - Other, Police

1 Citers

[ Bailii ]
 
Arros Invest Limited v Rafik Nishanov [2004] EWHC 576 (Ch)
23 Mar 2004
ChD
Mr Justice Collins
Company, Torts - Other

[ Bailii ]
 
Getronics Holdings Emea Bv and Another v Logistic and Transport Consulting Co and Others [2004] EWHC 808 (QB)
24 Mar 2004
QBD
Newman J
Torts - Other, Equity

[ Bailii ]

 
 AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust; QBD 26-Mar-2004 - [2004] EWHC 644 (QB); Times, 12 April 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

 
 Benaim (UK) Ltd v Middleton and Another; TCC 26-Mar-2004 - [2004] EWHC 737 (TCC)
 
Midco Holdings Ltd and Another v Piper [2004] EWCA Civ 476
6 Apr 2004
CA
Tuckey LJ
Torts - Other, Damages
Where a defendant in a deceit claim, or in a negligence claim, contends that the claimant must give credit against its losses for financial benefits which are alleged to have resulted from the tort, the evidential burden rests on the defendant to show that the claimant has received the benefit.
1 Citers

[ Bailii ]
 
Soteriou v Ultrachem Ltd and others [2004] EWHC 983 (QB)
23 Apr 2004
QBD

Torts - Other

[ Bailii ]
 
Hodges v Northampton County Council and Another [2004] EWCA Civ 526
29 Apr 2004
CA

Torts - Other, Limitation

[ Bailii ]
 
Naylor (T/A Mainstreet) v Payling [2004] EWCA Civ 560; Times, 02 June 2004
7 May 2004
CA
Waller, Latham and Neuberger LJJ
Torts - Other, Vicarious Liability
The claimant was injured by a door attendant employed as an independent contractor by the defendant. Held: The defendant's duty in selecting an independent contractor was limited to assessing the competence of the contractor. The duties of minding the door were not non-delegable, and therefore there was no additional duty to carry insurance against liability. Here the subcontractor employed doormen who were licensed by the local authority, and the club owner had no duty to enquire further save in exceptional circumstances.
1 Cites

1 Citers

[ Bailii ]
 
Mattos Junior and others v Macdaniels Ltd. and others [2004] EWHC 1188 (Ch)
25 May 2004
ChD

Banking, Torts - Other

[ Bailii ]
 
Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty [2004] EWHC 1231 (QB)
28 May 2004
QBD
Mackay The Honourable Mr Justice Mackay
Civil Procedure Rules, Human Rights, Torts - Other
The claimant companies conducted forms of medical research to which the respondents objected, and showed their objections by a wide variety of acts and threats which the claimants sought to have stopped. The defendants sought discharge of an interim injunction. Held: The case of Burris was instructive. New powers were available including ASBOs and under the Public Order Act 1986, but the order was continued until trial.
Civil Procedure Rules 19.6 - European Convention on Human Rights 10 11 - Protection from Harassment Act 1997 - Public Order Act 1986 16
1 Cites

1 Citers

[ Bailii ]
 
Murad, and Murad v Al-Saraj and Westwood Business Inc [2004] EWHC 1235 (Ch)
28 May 2004
ChD
Etherton, The Honourable Mr Justice Etherton
Contract, Torts - Other

1 Citers

[ Bailii ]
 
Orford v Rasmi Electronics and Another [2004] EWCA Civ 809
10 Jun 2004
CA

Torts - Other, Defamation

[ Bailii ]
 
Spriggs v Wessington Court School Ltd [2005] Lloyd's Rep IR 474; [2004] EWHC 1432 (QB)
17 Jun 2004
QBD
Stanley Burnton J
Torts - Other
Complaint of historic child sex abuse.
[ Bailii ]
 
Stolzenberg and others v CIBC Mellon Trust Co Ltd and others [2004] EWCA Civ 827
30 Jun 2004
CA
Lord Justice Ward Lady Justice Arden Sir William Aldous
Torts - Other, Jurisdiction, Litigation Practice
The court considered the issue of the use of a strike out as a sanction for non-compliance with a court order. Held. The approach of the court in a case considering relief for sanctions - exemplified by RC Residuals v Linton Fuel was bound to be different from that in Arrow Nominees v Blackledge, as there was no "unless" order in the latter case. Her Ladyship stated: "The fact that an 'unless' order has been made inevitably means that there is an additional factor to consider. Had there been a relevant order in Arrow Nominees, that, too, would have been a factor. It is only a factor to be weighed in the balance. Moreover, compliance with orders of the court is not a question of judicial amore propre. It goes to the essence of the rule of law that parties subject to the court's jurisdiction . . should comply with the court's orders. The gravity of the matter of non-compliance is plainly increased where the non-compliance results from a conscious decision, as in this case. It follows, as Ward LJ said in High Tech Limited v Coventry City Council [1997] 1WLR 1666 at 1674 to 1675, that, 'If a party intentionally or deliberately . . flouts the order, he can expect no mercy'. He has to persuade the court that in all the circumstances the injustice to him outweighs the interests of the administration of justice and the injury to the other party."
1 Cites

1 Citers

[ Bailii ]
 
Higgs v W H Foster trading as Avalon Coaches [2004] EWCA Civ 843
1 Jul 2004
CA
Kay, Lord Justice Kay Lord Justice Latham
Torts - Other
The claimant, a police officer entered the defendants premises at night in order to take up position to observe a suspect. He fell into an open inspection pit, and appealed dismissal of his claim under the Occupiers Liability Acts. Held: The situation had to be looked at in the light of the particular circumstances. There might be a general possibility of trespass, but there was no reason to anticipate such an intrusion at this precise location within the yard. Appeal dismissed.
Occupiers Liability Act 1984 1(3)(b)
1 Cites

[ Bailii ]
 
Taylor (A Child Proceeding By his Mother and Litigation Friend C M Taylor) v Chief Constable of Thames Valley Police [2004] EWCA Civ 858; Times, 13 July 2004; [2004] 3 All ER 503; [2004] 1 WLR 3155
6 Jul 2004
CA
Lord Justice Clarke Lord Justice Sedley Vice-Chancellor, The Vice-Chancellor
Police, Torts - Other, Children
The Chief Constable appealed aganst a finding that his officers had wrongfully arrested and imprisoned the claimant. The claimant was 10 years old when arrested, and complained that the officers had not properly advised him of the nature and purpose of the arrest. Held: "The question is thus whether, having regard to all the circumstances of the particular case, the person arrested was told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest." The cases are fact sensitive. The claimant was told he was being arrested for a violent disorder on an identified previous occasion. To ask the officer to go further would invite even more doubt. As to the period of detention, the judge was entitled to find on the evidence that the delay in interview had been unreasonable.
1 Cites

1 Citers

[ Bailii ]
 
A and Kanidagli, Regina (on the Application Of) v Secretary of State for Home Department [2004] EWHC 1585 (Admin)
6 Jul 2004
Admn
Keith J
Administrative, Torts - Other, Negligence
The claimants, having been granted leave to remain in the UK, sought damages saying that maladministration by the defendant had led to serious delays in their receiving statutory welfare benefits. Held: It was fair, just and reasonable that an administrative error of this kind, involving no judgement but simple administration and with a predictable financial effect for which there was no other remedy, should be regarded as arising out of a sufficiently proximate relationship to found a claim for damages.
1 Citers

[ Bailii ]
 
HIH Casualty and General Insurance Limited v JLT Risk Solutions Limited (Formerly Lloyd Thompson Limited) Hollywood 1,2 and 3 ('7.23'/'Rojak'/'Award') [2004] EWHC 1687 (Comm)
13 Jul 2004
QBD
The Honourable Mr Justice Langley
Insurance, Media, Torts - Other

[ Bailii ]
 
Watkins v Secretary of State for The Home Departmentand others [2004] EWCA Civ 966; Times, 05 August 2004; [2005] QB 883
20 Jul 2004
CA
Lord Justice Clarke Lord Justice Laws Lord Justice Brooke
Prisons, Torts - Other
The claimant complained that prison officers had abused the system of reading his solicitor's correspondence whilst he was in prison. The defendant argued that there was no proof of damage. Held: Proof of damage was not necessary in the tort of misfeasance in public office. The prisoner would be awarded £5.00 nominal damages against the first defendant, but the issue of the claim for exemplary damages against the individual officers was remitted to the judge. The behaviour infringed the claimant's basic constitutional right of access to the courts: "If there is a right which may be identified as a constitutional right, then there may be a cause of action for an infringement of that right without proof of special damage, provided that there is something more than the mere infringement."
1 Cites

1 Citers

[ Bailii ]
 
New Zealand Meat Board and Another v Paramount Export Ltd and Another [2004] UKPC 45; 52 of 2003; [2004] BCL 679; [2005] 2 NZLR 447; 27 TCL 30/3; 27 TCL 30/3
26 Jul 2004
PC
Lord Nicholls of Birkenhead Lord Hoffmann Lord Hutton Lord Scott of Foscote Lord Walker of Gestingthorpe
Torts - Other, Commonwealth
(New Zealand) Two meat exporting companies complained that the appellant's failures had led to their own financial failures. The Board had changes its quota allocation system, which failed to allow any export quotas to the company. Held: There was no contract between the companies and the Board requiring any particular allocation of quota. The plaintiff had known that the concession originally given was to be withdrawn, and could not now complain. The cases in estoppel and negligence failed (Lord Nicholls of Birkenhead and Lord Walker of Gestingthorpe dissented on the basis that it was wrong to take a new point on appeal)
PC New Zealand
1 Cites

[ Bailii ] - [ PC ] - [ PC ]
 
Hani El Sayed Sabaei Youssef v The Home Office [2004] EWHC 1884 (QB)
30 Jul 2004
QBD
Field, The Honourable Mr Justice Field
Torts - Other, Immigration
The claimant alleged false imprisonment after his asylum application. Held: The court will assess the legality of a continued detention on an objective basis; but review is not restricted to a review of the Secretary of State's decision on Wednesbury grounds.
Immigration Act 1971
[ Bailii ]
 
Richardson v Howie [2004] EWCA (Civ) 1127; Times, 10 September 2004
13 Aug 2004
CA
Lord Justice Jacob Lord Justice Thomas
Torts - Other, Damages
The claimant sought damages for assault. In the course of a tempestuous relationship, she said the respondent had physically assaulted her in Barbados. He was later convicted of soliciting her murder. She sought and was awarded aggravated damages, but the judge failed to explain his award. Held: "in cases of assault and similar torts, it is appropriate to compensate for injury to feelings including the indignity, mental suffering, humiliation or distress that might be caused by such an attack, as well as anger or indignation arising from the circumstances of the attack. It is also now clearly accepted that aggravated damages are in essence compensatory in cases of assault. Therefore we consider that a court should not characterise the award of damages for injury to feelings, including any indignity, mental suffering, distress, humiliation or anger and indignation that might be caused by such an attack, as aggravated damages; a court should bring that element of compensatory damages for injured feelings into account as part of the general damages awarded. "
1 Cites

1 Citers

[ Bailii ]
 
Raja v Van Hoogstraten [2004] EWCA Civ 1391
30 Sep 2004
CA

Torts - Other, Costs

[ Bailii ]
 
Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another [2004] EWCA Civ 1394; Times, 01 November 2004; [2005] 2 WLR 808
28 Oct 2004
CA
Mance LJ
Torts - Other, Personal Injury, Police, International
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia. Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials involved personally. The court had been correct to reject the claim against the state. Despite other developments, states still enjoyed immunity from such claims, and normally its officials should receive the same protection, and even if the official had infringed the country's national law. However claims against officials could not be given blanket protection, because that would deprive applicants such as the present of any remedy. A delicate balancing act would be required in each case to test the various issues of jurisdiction and human rights. However the offence of torture itself had a special status under international law, and such acts could not be the acts of a state. Claims to state immunity should be resolved at an early stage in the proceedings.
1 Cites

1 Citers

[ Bailii ]
 
Merelie v Newcastle Primary Care Trust [2004] EWHC 2554 (QB).
11 Nov 2004
QBD
Eady J
Defamation, Torts - Other
An harassment claim was being considered. It was suggested that a defendant sought revenge against the claimant.
Protection from Harassment Act 1997
1 Citers


 
Kuwait Airways Corp v Iraqi Airways Company [2004] EWHC 2603 (Comm)
12 Nov 2004
ComC

Torts - Other

1 Cites

1 Citers

[ Bailii ]
 
Mensah v Jones [2004] EWHC 2699 (Ch)
19 Nov 2004
ChD

Health Professions, Torts - Other

[ Bailii ]

 
 Al-Fayed and others v Commissioner of Police of the Metropolis and others; CA 25-Nov-2004 - [2004] EWCA Civ 1579
 
Department for Environment, Food and Rural Affairsv Feakins and Another Times, 29 December 2004
26 Nov 2004
ChD
Hart J
Contract, Torts - Other, Agriculture
The farmer complained that the department had, during the foot and mouth outbreak destroyed animals which did not belong to the owner of the land. The department said that the farmer had disposed of his land at an undervalue to defeat his creditors. Held: The department did not have power under the Act to bury slaughtered animals on land which was not occupied by their owner, and the counterclaim succeeded. However the defendant had displayed a readiness to dissemble in order to get his bank which had taken possession of the farm to resell it to the lady who was soon to be his wife without disclosing his relationship. The legislation was operative against someone who took part in a transaction at an undervalue. Mr Feakins knew that she would immediately resell the land for twice the amount once purchased when he, by arrangement, had already agreed to surrender his agricultural tenancy. Accordingly the transaction could be set aside.
Insolvency Act 1985 423 - Animal Health Act 1981 34
1 Cites

1 Citers


 
Clarke v Fennoscandia Limited Freakley, Phillips [2004] ScotCS 257; 2004 SC 197
2 Dec 2004
OHCS
Lord Clarke And Lord Menzies And Lord Justice Clerk
Scotland, Torts - Other
The claimant had said that the defendants conspired to deny him the presidency of a company. He lost his case in the US, and the defendants chased him for costs. He asserted that the US judgment had been obtained by fraud. The defendants undertook not to seek furter enforcement of their costs.
1 Cites

1 Citers

[ Bailii ] - [ ScotC ]
 
Salford City Council v Torkington and Another [2004] EWCA Civ 1646
9 Dec 2004
CA
Potter, Lord Justice Potter Lord Justice Mance Lord Justice Wall
Landlord and Tenant, Torts - Other
The council appealed against a finding that it was guilty of misrepresentation and breach of a collateral warranty in its lease of shop premises to the respondent. It had wrongly represented that other leases in the arcade excluded use as an off licence.
[ Bailii ]
 
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