Burris v Azadani: CA 27 Jul 1995

The court addressed the principles upon which a Court will grant interlocutory injunctive relief in harassment cases.
Held: Both the High Court and the County Court had jurisdiction under the 1981 and 1984 Acts to grant interlocutory injunctions in wide terms to restrain conduct that was not in itself tortuous or otherwise unlawful, if such order was reasonably to be regarded as necessary for the protection of a plaintiff’s legitimate interest. The court has power to impose an exclusion zone when granting a non-molestation injunction restraining harassment of the victim by the defendant, provided no unnecessary restraint was placed on the defendant. It would not seem to me to be a valid objection to the making of an exclusion zone order that the conduct to be restrained is not in itself tortuous or otherwise unlawful, if such an order is reasonably regarded as necessary for the protection of a plaintiff’s legitimate interest’ and ‘Neither the statute nor authority in my view precludes the making of an ‘exclusion zone’ order. But that does not mean that such orders should be made at all readily, or without very good reason. There are two interests to be reconciled. One is that of the defendant. His liberty must be respected up to the point at which his conduct infringes, or threatens to infringe, the rights of the plaintiff. No restraint should be placed on him which is not judged to be necessary to protect the rights of the plaintiff. But the plaintiff has an interest which the court must be astute to protect. The rule of law requires that those whose rights are infringed should seek the aid of the court, and respect for the legal process can only suffer if those who need protection fail to get it. That, in part at least, is why disobedience to orders of the court has always earned severe punishment. Respect for the freedom of the aggressor should never lead the court to deny necessary protection to the victim.’
An injunction was granted excluding the defendant from an area. It was recognised that an exclusion zone may have the effect of restraining conduct not in itself tortious – e.g. travelling along a public highway – but such a restraint maybe imposed if it reasonably regarded as necessary for the protection of a plaintiff’s legitimate interests.

Judges:

Sir Thomas Bingham MR

Citations:

Times 09-Aug-1995, [1995] 4 All ER 802, [1995] 1 WLR 1373, [1995] EWCA Civ 50

Links:

Bailii

Statutes:

Supreme Court Act 1981 37(1), County Courts Act 1984 38

Jurisdiction:

England and Wales

Cited by:

Cited – Huntingdon Life Sciences Limited v Curtin; Watson; British Union for Abolition of Vivisection; Animal Liberation Front; Animal Rights Coalition and London Animal Action CA 15-Oct-1997
The various defendants were accused of protesting repeatedly at the activities of the claimants, who sought orders under the Act to stop their protests as harassment.
Held: The Act was misused by trying to use it outside the areas intended; . .
Cited – 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 QBD 28-May-2004
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 . .
Cited – University of Oxford and others v Broughton and others QBD 10-Nov-2004
The claimants sought injunctions to protect themselves against the activities of animal rights protesters, including an order preventing them coming with a wide area around the village.
Held: The orders made were justified with the additional . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Torts – Other, Contempt of Court

Updated: 20 December 2022; Ref: scu.182287

Inwards v Baker: CA 13 Jan 1965

An indulgent father had encouraged his son to build a bungalow on his, the father’s, land. The son had done so in the expectation, encouraged by the father, that he would be permitted to remain in occupation.
Held: The court formulated the principle of equitable estoppel on the footing that where a person has expended money on the land of another with the expectation, induced or encouraged by the owner of the land, that he would be allowed to remain in occupation, an equity is created such that the court would protect his occupation of the land; and that the court has power to determine in what way the equity so arising would be satisfied. The court therefore refused the plaintiff an order for possession of the bungalow which his son had built on the land, and held that the son was entitled to stay there as long as he wanted. It need not be not fatal to a claim under the doctrine of proprietary estoppel that the property in which the right is claimed has not been precisely identified.

Judges:

Lord Denning MR, Danckwerts and Salmon LJJ

Citations:

[1965] QB 29, [1965] 2 WLR 212, [1965] 1 All ER 446, [1965] EWCA Civ 465

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Followed – Ramsden v Dyson HL 11-May-1866
The Vice-Chancellor had held that two tenants of Sir John Ramsden, the owner of a large estate near Huddersfield, were entitled to long leases of plots on the estate. They ostensibly held the plots as tenants at will only, but they had spent their . .

Cited by:

Cited – Sledmore v Dalby CA 8-Feb-1996
The plaintiff sought possession of a house. She had owned it with her late husband. The defendant lived in and had done much work on the house, but the deceased left it all to the plaintiff and the defendant’s wife who had since also died. She . .
Cited – Parker v Parker ChD 24-Jul-2003
Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time.
Held: The applicant was entitled to reasonable . .
Cited – Gillett v Holt and Another CA 23-Mar-2000
Repeated Assurances Created Equitable Estoppel
Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . .
Cited – Strover and Another v Strover and Another ChD 10-May-2005
Insurance policies had been taken out by the partners in a firm. The surviving family of one and the remaining partners contested ownership. The policy was held in part for the benefit of the family. The premiums had been paid from partnership . .
Cited – Thorner v Curtis and others ChD 26-Oct-2007
The claimant said that the deceased, his father and a farmer, had made representations to him over many years that if the claimant continued to work on the farm, he would leave the farm to him in his will. He died intestate. He claimed a proprietary . .
Cited – Yeoman’s Row Management Ltd and Another v Cobbe HL 30-Jul-2008
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal.
Held: The appeal succeeded in part. The finding . .
Cited – Dodsworth v Dodsworth and Another CA 3-Jul-1973
. .
Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Equity, Estoppel

Updated: 20 December 2022; Ref: scu.183816

Stancliffe Stone Company Ltd v Peak District National Park Authority: QBD 22 Jun 2004

The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision for the four sites, and that it was wrong to inlcude two properties separately.
Held: The claim failed, the claimant had not established that the permission had not lapsed. ‘it is not open to the court to make a declaration which purports to permit that which it was Parliament’s clear intention to forbid. The court cannot make the declaration in the terms sought under 3 and 4 while the list remains – or is read – in its present form.’ The authority would not have been entitled to rely upon an estoppel by convention, but in any event the case should have been dealt with by an application for judicial review and be subject to the strict timetables applicable to judicial review.

Judges:

Moore-Bick J

Citations:

[2004] EWHC 1475 (QB)

Links:

Bailii

Statutes:

Environment Act 1995

Jurisdiction:

England and Wales

Citing:

Cited – Salisbury District Council v Secretary of State for the Environment 1982
A planning permission given for the development of seven bungalows was construed as a grant of permission for a single development which could be spaced out over time. . .
Cited – Amalgamated Investment and Property Co Ltd (in Liq) v Texas Commerce International Bank Ltd CA 1982
The court explained the nature of an estoppel by convention.
Lord Denning MR said: ‘The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone . .
Cited – Norwegian American Cruises A/S (formerly Norwegian American Lines A/S) v Paul Munday Ltd (The ‘Vistafjord’) 1988
A party may be precluded by an estoppel by convention from raising a contention contrary to a common assumption of fact or law (which could include the validity of a notice) upon which they have acted. . .
Cited – Calder Gravel Ltd v Kirklees Metropolitan Borough Council 1989
The plaintiff’s predecessor in title had applied in 1946 for planning permission. The authority approved the application and for nearly 40 years all concerned had proceeded on the basis that outline planning permission had been granted. In 1984 the . .
Cited – Redrow Homes Limited, Regina (on the Application Of) v First Secretary of State and Another Admn 3-Dec-2003
The case asked whether a single permission for a large-scale development extending over more than 2,500 acres could be construed as granting more than one permission. . .
Cited – Regina v Caradon District Council Ex Parte Knott QBD 3-Mar-2000
A planning authority had already issued both rectification and discontinuance notices, and there was now no dispute with the land owner about the need to dismantle existing buildings, it amounted to an abuse of process further to go and issue an . .
Cited – Regina and North Lincolnshire Council ex parte Horticultural and Garden Products Sales (Humberside) Limited Admn 31-Jul-1997
The applicant extracted peat from land in Doncaster. Planning permission had been granted in 1951. After a boundary change in 1994 part of the site remained in Doncaster and part came within the boundaries of Humberside which was replaced by the . .
Cited – Carter Commercial Developments v Bedford Borough Council Admn 27-Jul-2001
The claimant brought proceedings in the Administrative Court by way of Part 8 claim seeking to establish by way of declaration that a planning appeal rejected by the Secretary of State in August 2000 as being out of time had in fact been commenced . .
Cited – Regina (Reprotech (Pebsham) Ltd) v East Sussex County Council Reprotech (Pebsham) Ltd v Same HL 28-Feb-2002
The respondent company had asserted that the local authority had made a determination of the issue of whether electricity could be generated on a waste treatment site without further planning permission. The council said that without a formal . .
Cited – Clark v University of Lincolnshire and Humberside CA 14-Apr-2000
A student had been failed after being falsely accused of cheating, but the academic review board, on remarking the paper marked it as zero.
Held: Where a University did not have the supervisory jurisdiction of a visitor, a breach of contract . .
Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Cited – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Cited – Thrasyvoulou v Secretary of State for the Environment HL 1990
A building owner appealed against enforcement notices which alleged that there had been a material change of use of his buildings in 1982. This notice was issued by a planning authority. As a result of the appeal an inspector determined that the . .

Cited by:

Appeal from – Stancliffe Stone Company Ltd v Peak District National Park Authority CA 17-Jun-2005
In 1952, the Minister wrote a leter confirming the planning permissions for four quarries now owned by the claimants. In 1996, two of the quarries were separately included in a list of dormant sites, and in 19999 the applicant began to apply for . .
At QBD – Stancliffe Stone Company Ltd v Peak District National Park Authority CA 24-Feb-2005
Recommencement of quarry works under old planning licence. . .
Lists of cited by and citing cases may be incomplete.

Administrative, Planning

Updated: 20 December 2022; Ref: scu.228572

Hall and others v Save Newchurch Guinea Pigs (Campaign) and others: QBD 17 Mar 2005

The claimants ran a guinea pig farm. They and their neighbours applied for injunctions and an exclusion zone to keep away the defendants who campaigned against the breeding of animals for research.
Held: The claimants had been subjected to a long and sustained campaign of harassment by the defendant organisation and its associates. The court would grant an injunction. An order establishing an exclusion zone however should only be made where an injunction had been tried and had failed. The powers inherent in the police had been inadequate to prevent the harassment, and it was correct to invoke the 1997 Act. Injunctive relief should be no wider than was shown to be necessary.

Judges:

Owen J

Citations:

[2005] EWHC 372 (QB), Times 07-Apr-2005

Links:

Bailii

Statutes:

Protection from Harassment Act 1997 3, Supreme Courts Act 1981 37(1)

Jurisdiction:

England and Wales

Citing:

Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – Cream Holdings Limited and others v Banerjee and others HL 14-Oct-2004
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the . .
Cited – Millman v Ellis CA 1996
The defendant had sold part of his land to the claimant. A right of way was granted over a lane. The purchaser asserted that he had the use of a lay-by on the lane which would otherwise be dangerous. The vendor said the plan did not include a right . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 20 December 2022; Ref: scu.223863

Saltman Engineering Co v Campbell Engineering Co Ltd: CA 1948

The plaintiffs instructed the defendant to make tools for the manufacture of leather punches in accordance with drawings which the plaintiffs provided to the defendant for this purpose. The defendant used the drawings to make tools, and the tools to make leather punches, on their own account. The finished product (i.e. the leather punches) were readily available to buy in the shops; and the defendants could have bought one and reverse engineered it. But they did not.
Held: Equity will protect trade secrets that have been divulged in breach of a confidential relationship, but the obligation not to use confidential information attaches only to information which has the necessary element of confidentiality and continues only so long as the information remains confidential.
Lord Greene MR said: ‘The defendants knew that those drawings had been placed in their possession for a limited purpose, namely, the purpose only of making certain tools in accordance with them, the tools being tools required for the purpose of manufacturing leather punches . . I need not go into the law, which I think is correctly stated in a formula which Mr Heald himself accepted. I will read it: ‘If a defendant is proved to have used confidential information, directly or indirectly obtained from a plaintiff, without the consent, express or implied, of the plaintiff, he will be guilty of an infringement of the plaintiff’s rights.” and
‘I think that I shall not be stating the principle wrongly if I say this with regard to the use of confidential information. The information, to be confidential, must, I apprehend, apart from contract, have the necessary quality of confidence about it, namely, it must not be something which is public property and public knowledge. On the other hand, it is perfectly possible to have a confidential document be it a formula, a plan, a sketch, or something of that kind, which is the result of work done by the maker upon materials which may be available for the use of anybody; but what makes it confidential is the fact that the maker of the document has used his brain and thus produced a result which can only be produced by somebody who goes through the same process.
What the defendants did in this case was to dispense in certain material respects with the necessity of going through the process which had been gone through in compiling these drawings, and thereby to save themselves a great deal of labour and calculation and careful draftsmanship. No doubt, if they had taken the finished article, namely, the leather punch, which they might have bought in a shop, and given it to an expert draftsman, that draftsman could have produced the necessary drawings for the manufacture of machine tools required for making that particular finished article. In at any rate a very material respect they saved themselves that trouble by obtaining the necessary information either from the original drawings or from the tools made in accordance with them. That, in my opinion, was a breach of confidence.’

Judges:

Lord Greene MR

Citations:

[1948] 65 RPC 203

Jurisdiction:

England and Wales

Cited by:

Cited – Venables and Thompson v News Group International, Associated Newspapers Ltd, MGN Ltd QBD 4-Dec-2001
An order had been made requiring all newspapers not to publish anything which might lead to the identification of the claimants or their whereabouts. The defendant newspaper published information as to their last known whereabouts. They argued that . .
Cited – Arklow Investments Ltd and Another v Maclean and Others PC 1-Dec-1999
PC (New Zealand) Land was offered for sale. A potential buyer, the appellant was approached by a merchant bank with a proposal for finance. When he sought finance elsewhere, a company associated with the bank . .
Applied – Suhner and Co AG v Transradio Ltd 1967
The claimants complained at the defendant having registered a company under the name ‘Suhner’. The defendants gave no justification for using the word ‘Suhner’ as part of their name. They claimed that they had the right to form a company in order to . .
Cited – EPI Environmental Technologies Inc and Another v Symphony Plastic Technologies Plc and Another ChD 21-Dec-2004
The claimant had developed an additive which would assist in making plastic bags bio-degradable. They alleged that, in breach of confidentiality agreements, the defendants had copied the product. The defendants said the confidentiality agreement was . .
Cited – Home Office v Hariette Harman HL 11-Feb-1982
The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings.
Held: The documents were disclosed under an obligation to use them for the instant case only. That rule . .
Cited – Coco v A N Clark (Engineers) Ltd ChD 1968
Requirememts to prove breach of confidence
A claim was made for breach of confidence in respect of technical information whose value was commercial.
Held: Megarry J set out three elements which will normally be required if, apart from contract, a case of breach of confidence is to . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – London Regional Transport, London Underground Limited v Mayor of London Transport for London CA 24-Aug-2001
The claimants sought an interlocutory injunction restraining the defendants from publishing a report in breach of a contractual duty of confidence. This was granted but then discharged on the defendant undertaking only to publish a redacted version. . .
Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Litigation Practice

Updated: 20 December 2022; Ref: scu.182937

Newborne v Sensolid (Great Britain) Ltd: 1954

A written contract purported to sell goods by a company described as Leopold Newborne (London) Ltd. The document was subscribed by the name of the company with Mr Leopold Newborne’s signature under it. At that time it had not yet been incorporated. Mr Newborne attempted to enforce the contract as one to which he was party.
Held: This was inconsistent with the description of the party in the contract.
Lord Goddard CJ: ‘In my opinion, unfortunate though it may be, as the company was not in existence when the contract was signed there never was a contract, and Mr Newborne cannot come forward and say: ‘Well, it was my contract.’ The fact is, he made a contract for a company which did not exist.’ The contract purported to be a contract with the company and it was not relevant that, as was the case, it was a matter of indifference to the purchasers whether they contracted with the company, or with Mr Newborne personally.

Judges:

Lord Goddard CJ, Morris LJ

Citations:

[1954] 1 QB 45, [1953] 1 All ER 708

Jurisdiction:

England and Wales

Citing:

Well established – Schmaltz v Avery 1851
An agent who signed a charterparty containing a cesser clause purportedly as agent for an unidentified principal could show that he was himself the principal and could sue on the contract, on the grounds that it was irrelevant to the third party who . .

Cited by:

Cited – Shogun Finance Limited v Hudson HL 19-Nov-2003
Thief acquired no title and could not sell
A purchaser used a stolen driving licence to obtain credit for and purchase a car. He then purported to sell it to the respondent, and then disappeared. The finance company sought return of the car.
Held: (Lords Nicholls and Millett . .
Cited – Phonogram Ltd v Lane CA 1982
A collateral contract was entered into with a company which had not then been incorporated under which an advance by Phonogram to support an intended new pop group was repayable by the company if a recording contract was not entered into within one . .
Lists of cited by and citing cases may be incomplete.

Contract, Company

Updated: 20 December 2022; Ref: scu.188460

Plimmer v Mayor, Councillors and Citizens of the City of Wellington: PC 1884

(New Zealand) Mr Plimmer had occupied land under a revocable licence from the Corporation’s predecessor-in-title and at their request had made extensive improvements to it. He sought compensation when the land was to be vested in the defendant. The defendant denied that he had a sufficient interest.
Held: A person having a reasonable expectation that his occupation would not be disturbed had an interest in land for the purposes of a compensation statute. He had incurred expense at the request of the Government, the owners of the land. These circumstances ‘were sufficient to create in his [Plimmer’s] mind a reasonable expectation that his occupation would not be disturbed . . ‘ In effect, the owner of the land became estopped from asserting that the licence remained revocable. That was sufficient to constitute the licence an ‘estate or interest’ for compensation purposes.
Sir Arthur Hobhouse said: ‘the equity arising from expenditure on land need not fail merely on the ground that the interest to be secured has not been expressly indicated.’ The general aim of a court applying principles of equity is to ‘look at the circumstances in each case to decide in what way the equity can be satisfied’.

Judges:

Sir Arthur Hobhouse

Citations:

[1884] 9 AC 699

Jurisdiction:

England and Wales

Cited by:

Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Cited – Pennine Raceway Ltd v Kirklees Metropolitan Borough Council CA 1983
The claimant had been granted a contractual right to use an airfield for arranging motor racing events. The planning consent was revoked, and compensation was claimed under s164 as ‘a person interested in the land’ which ‘is a section designed to . .
Cited – International Traders Ferry Ltd v Adur District Council CA 26-Feb-2004
The council served a stop notice. The company sought compensation. The council replied that the company had no legal or equitable interest in the land affected.
Held: The company had occupied the land under a licence. A contractual licensee on . .
Cited – Yeoman’s Row Management Ltd and Another v Cobbe HL 30-Jul-2008
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal.
Held: The appeal succeeded in part. The finding . .
Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Equity

Updated: 20 December 2022; Ref: scu.193607

Lawal v Northern Spirit Limited: HL 19 Jun 2003

Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. It must then ask whether those circumstances would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, the two being the same, that the tribunal was biased. The rules recognised the need to separate counsel’s practice from the area in which he sat. The threshold is only a real possibility of unconscious bias. One starts by identifying the circumstances which are said to give rise to bias. Would a fair minded and informed observer, having considered the given facts, conclude that there was a real possibility that the tribunal was biased. Mr Lawal has succeeded on the issue of principle raised by the Recorder objection.
Lord Steyn said: ‘Public perception of the possibility of unconscious bias is the key. It is unnecessary to delve into the characteristics to be attributed to the fair-minded and informed observer. What can confidently be said is that one is entitled to conclude that such an observer will adopt a balanced approach. This idea was succinctly expressed in Johnson v Johnson (2000) 201 CLR 488, 509, para 53, by Kirby J when he stated that ‘a reasonable member of the public is neither complacent nor unduly sensitive or suspicious.’

Judges:

L Bingham of Cornhill, L. Millett, L. Nicholls of Birkenhead, L. Rodger of Earlsferry, L. Steyn

Citations:

Gazette 17-Jul-2003, [2003] UKHL 35, [2003] ICR 856, [2004] 1 All ER 187

Links:

House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – AA Lawal v Northern Spirit Limited CA 9-Aug-2002
The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect . .
Approved – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Cited – Belilos v Switzerland ECHR 29-Apr-1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (validity of declaration); Violation of Art. 6-1; Costs and expenses award – domestic proceedings; Costs and expenses award – . .
Cited – Taylor v Lawrence CA 4-Feb-2002
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm . .
Cited – Wettstein v Switzerland ECHR 21-Dec-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedings; Costs and expenses partial award – national . .
Cited – Johnson v Johnson 7-Sep-2000
(High Court of Australia) When looking to test whether a member of the public would perceive bias in a court, it is unnecessary to delve into the characteristics to be attributed to the fair-minded and informed observer. One is entitled to conclude . .
See Also – Lawal v Northern Spirit Ltd CA 19-Feb-2004
. .
See Also – Lawal v Northern Spirit Ltd EAT 15-Feb-1999
The appellant wished to pursue an appeal against the striking out of his claim, and objected that contrary to the Rules, a member of the board who had heard the pre-hearing review had also sat on the full hearing.
Held: The appeal should be . .
See Also – Lawal v Northern Spirit Ltd EAT 6-Oct-1999
The applicant objected that one of the lay members of the Appeal Tribunal had, on other occasions, sat with a recorder who, as counsel, was appearing for a party in that appeal.
Held: There was no real possibility of bias from this scenario. . .
See Also – Lawal v Northern Spirit Ltd EAT 15-Jan-2001
. .
See Also – Lawal v Northern Spirit Ltd EAT 15-Jan-2002
EAT Procedural Issues – Employment Appeal Tribunal. . .
See Also – Lawal v Northern Spirit Ltd CA 15-Jan-2002
Application for leave to appeal . .
See Also – Lawal v Northern Spirit Ltd EAT 15-Jan-2002
. .
Cited – Lawal v Northern Spirit Ltd CA 30-Oct-2002
. .

Cited by:

Appealed to – AA Lawal v Northern Spirit Limited CA 9-Aug-2002
The appellant had had his case considered by the Employment Appeal Tribunal. He complained that his opponent had been represented in court by an advocate who himself sat part time in the EAT, and that this would lead to undue weight and respect . .
Cited – PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal Admn 22-Oct-2003
The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention.
Held: Such proceedings did engage the . .
Cited – Regina on the Application of Mahfouz v The Professional Conduct Committee of the General Medical Council CA 5-Mar-2004
The doctor requested members of the disciplinary tribunal to recuse themselves when, after the first day of the hearing they saw prejudicial material in newspapers which material was not in evidence. They had further declined to allow an adjournment . .
See Also – Lawal v Northern Spirit Ltd CA 19-Feb-2004
. .
Cited – Feld, Lord Mayor and Citizens of the City of Westminster v London Borough of Barnet, Lord Mayor and Citizens of the City of Westminster CA 18-Oct-2004
The applicants sought housing as homeless people. After the refusal of their applications, they sought a review, and in due course a second review. That second review was conducted by the same officer who had conducted the first. The appellant . .
Cited – Al-Hasan, Regina (on the Application of) v Secretary of State for the Home Department HL 16-Feb-2005
Prisoners were disciplined after refusing to be squat searched, saying that the procedure was humiliating and that there were no reasonable grounds to suspect them of any offence against prison discipline. The officer who had been involved in . .
Cited – Meerabux v The Attorney General of Belize PC 23-Mar-2005
(Belize) The applicant complained at his removal as a justice of the Supreme Court, stating it was unconstitutional. The complaint had been decided by a member of the Bar Council which had also recommended his removal, and he said it had been . .
Cited – Scrivens v Ethical Standards Officer Admn 11-Apr-2005
The councillor appealed an adjudication that he had failed adequately to declare an interest at a meeting of the council. The officer thought the duty to withdraw was entirely objective, the applicant that it was a matter for his honest judgment. At . .
Cited – Gillies v Secretary of State for Work and Pensions HL 26-Jan-2006
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had . .
Cited – Morrison and Another v AWG Group Ltd and Another CA 20-Jan-2006
The defendants requested the judge to recuse himself because one witness was well known to the judge. He declined, saying that arrangements had been made for him not to be called. The defendant appealed.
Held: There was no allegation of actual . .
Cited – Port Regis School Ltd, Regina (on the Application of) v Gillingham and Shaftesbury Agricultural Society Admn 5-Apr-2006
Complaint was made that the decision of a planning committee had been biased because of the presence on the committee of two freemasons, and where the interests of another Lodge were affected.
Held: The freemasonry interests had been declared. . .
Cited – Regina v Abdroikof, Regina v Green; Regina v Williamson HL 17-Oct-2007
The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only . .
Cited – A, Regina (on the Application of) v London Borough of Croydon SC 26-Nov-2009
The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined.
Held: The claimants’ appeals . .
Cited – Mousa, Regina (on The Application of) v Secretary of State for Defence and Another CA 22-Nov-2011
The claimant sought a public inquiry into allegations of systematic ill treatment by UK soldiers in Iraq. He now appealed against refusal of an inquiry, the court having found it permissible for the Secretary of Styate to await the outcome of . .
Cited – JL, Regina (On the Application of) v Secretary Of State for Justice Admn 7-Oct-2009
. .
Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Cited – Ameyaw v McGoldrick and Others QBD 6-Jul-2020
Recusal Refused – former Pupil Master
Request for recusal – the judge was said to have been a member of the same chambers as counsel for the claimant and had been his mentor.
Held: Refused: ‘It was untenable to contend that there was an appearance of bias in circumstances where . .
Lists of cited by and citing cases may be incomplete.

Employment, Human Rights, Legal Professions, Natural Justice

Updated: 20 December 2022; Ref: scu.183695

Parker v South Eastern Railway Co: CA 1877

The plaintiff took a parcel to a railway company depot for delivery, and received a ticket on which were printed conditions including a disclaimer. On the front of the ticket were printed the words ‘see back’. The jury was asked only if they concluded that he knew of the condition.
Held: A re-trial was ordered on the company’s appeal. The judge’s direction was incorrect. The plaintiff would not be bound if he did not know there was writing on the ticket, but will be if he knows there is writing and that it contains conditions, or even if he knows there is writing, but not that it contains conditions, provided the jury was satisfied that reasonable notice had been given that the ticket did contain conditions.

Citations:

(1877) 2 CPD 416, (1877) 46 LJQB 768

Jurisdiction:

England and Wales

Cited by:

Cited – TICC Limited v Cosco (UK) Limited CA 5-Dec-2001
The claimants sought to have incorporated by notice into a contract of bill of lading, the terms of a freight surcharge. Notice had been given to the shipping agents in Hong Kong only. The shippers claimed the surcharge under the 1992 Act, saying . .
Cited – Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd CA 12-Nov-1987
Incorporation of Onerous Terms Requires More Care
Photographic transparencies were hired out to the advertising agency defendant. The contract clauses on the delivery note included a fee which was exorbitant for the retention of transparencies beyond the set date.
Held: The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 20 December 2022; Ref: scu.182802

Hawes v Evenden: CA 1953

The claimant had lived with the deceased tenant for 12 years and had had two children with him. They had not married.
Held: There was evidence that the claimant and the tenant and the children had lived together as a family and she was therefore a member of his family for the purposes of the Act of 1920.

Judges:

Somervell L.J

Citations:

[1953] 1 WLR 1169

Jurisdiction:

England and Wales

Cited by:

Cited – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
Lists of cited by and citing cases may be incomplete.

Housing, Family

Updated: 20 December 2022; Ref: scu.215907

Norris (Suing By her Next Friend Norris) v Tennant-Smith: CA 7 Sep 1995

The claimant sought damages for personal injuries after being struck by the defendant’s car. He had emerged from between parked cars into the path of the defendant.
Held: The judge’s findings were essentially ones of fact, and his conclusion that the defendant driver had not been negligent could not be disturbed. Appeal dismissed.

Judges:

Lord Justice Roch Lord Justice Swinton Thomas -And- Lord Justice Aldous

Citations:

[1995] EWCA Civ 2

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 20 December 2022; Ref: scu.140361

Hart v London Borough of Brent: CA 23 Sep 1995

The applicant sought leave to appeal an order for possession of the property he held under a tenancy of the local authority. There had been almost no rent paid.
Held: After several opportunities to pay the rent, the arrears had merely grown, and could not now be realistically repaid. The appeal had no prospect of success, and leave was refused.

Judges:

Lord Justice Butler-Sloss Lord Justice Roch

Citations:

[1995] EWCA Civ 4

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.140363

Mauthoor v THF Delap and Associates Limited: CA 2 Oct 1995

The parties agreed for the transfer of shares. The payment cheque was not honoured. The appellant first claimed an absence of consideration, then sought to amend her defence to say that she had acted under economic duress. Threats had been made as to the sale of the company and actions which would threaten the vue of the company. The amendment was not allowed. She appealed.
Held: Courts set out to decide the rights of the parties, and not to punish them for mistakes they make in the conduct of their cases. Whether an amendment should be granted is in the trial judge’s discretion, guided by his assessment of where justice lays. In this case the discretion had not been wrongly exercised.

Judges:

Lord Justice Staughton Lord Justice Swinton Thomas Lord Justice Judge

Citations:

[1995] EWCA Civ 5

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Cropper v Smith CA 1883
Bowen LJ: ‘Now it is a well established principle that the object of courts is to decide the rights of the parties, and not to punish them for mistakes they make in the conduct of their cases by deciding otherwise than in accordance with their . .
Cited – Ketteman v Hansel Properties Ltd HL 1987
Houses were built on defective foundations. The purchasers sued the builders and later the architects who designed them. The defendants argued that the houses were doomed from the start so that the cause of action accrued, not when the physical . .

Cited by:

Cited – Ali v Secretary of State for the Home Department CA 3-May-2006
The applicants sought asylum. Their child had a right of residence as a European citizen.
Held: The applicants could not rely upon their child’s right of residence to establish one for themselves. . .
Lists of cited by and citing cases may be incomplete.

Company, Litigation Practice

Updated: 20 December 2022; Ref: scu.140364

Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the security forces were faced with Tamil terrorist activity in the city. When rounded up they were subjected to ill-treatment which amounted to persecution. The adjudicators and the Tribunal had rejected the proposition that young male Tamils as a class and for that reason alone all had a well-founded fear of persecution. The Tribunal had concluded that in Colombo ill-treatment of those rounded up had significantly declined and was not endorsed by the government.
Held: To make good a claim to asylum as a refugee, it is necessary for the applicant to show, to the standard of reasonable likelihood or of real risk, that he had a well founded fear that if he had remained in or was returned to his country of origin, that he would be persecuted for one or more of the Convention reasons. The Convention definition raises a single composite question. In asylum cases, appellate courts were part of the decision process, and were not restricted in their abiliity to review a decision in the same ways as they might be in other cases. In asylum appeals, the position is to be considered by reference to the circumstances at the date of the hearing in question. The possibility of ill-treatment when rounded up does not amount to persecution.
Simon Brown LJ said: ‘In sum, persecution is most appropriately defined as the sustained or systematic failure of state protection in relation to one of the core entitlements which has been recognised by the international community. The types of harm to be protected against include the breach of any right within the first category, a discriminatory or non-emergency abrogation of a right within the second category, or a failure to implement a right within he third category which is either discriminatory or not grounded in the absolute lack of resources.
The ‘first category’ there referred to those rights from which no derogation can ever be permitted, even in terms of compelling national emergency, rights such as freedom from the arbitrary deprivation of life, and protection against torture or cruel, inhuman or degrading punishment or treatment. Clearly it would include protection against ill-treatment of the sort suffered by some Sri Lankan detainees in the past.’

Judges:

Nourse LJ, Staughton LJ, Simon Brown LJ

Citations:

[1996] Imm AR 97, [1995] EWCA Civ 16

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Immigration Appeal Tribunal on the Application of Paramsothy Sivakumar Admn 22-Jan-2001
The applicant sought a judicial review of a refusal by the IAT of leave to appeal a refusal of asylum. He was a Tamil. He had been coerced into assisting the Tamil Tigers. The Special Adjudicator had considered only one possible convention reason, . .
Cited – Sepet and Bulbil v Secretary of State for the Home Department HL 20-Mar-2003
The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey.
Held: The concept of ‘persecution’ was central. It is necessary to . .
Cited – Regina v Sectretary of State for the Home Department ex parte Razgar etc HL 17-Jun-2004
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was . .
Cited – Rashid, Regina (on the Application Of) v Secretary of State for Home Department Admn 22-Oct-2004
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
Cited – Rashid, Regina (on the Application of) v Secretary of State for the Home Department CA 16-Jun-2005
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
Cited – Demirkaya v Secretary of State for Home Department CA 23-Jun-1999
Whether an asylum applicant had a well founded fear of persecution if he returned home, is always a question of fact and degree, and could not be made a question of law. Even so where there was a clear risk of repeated rather than single beatings if . .
See Also – Secretary of State for Home Department v Ravichandran CA 6-Jun-1997
Application for leave to appeal granted.
Held: This was a case where the relationship of the Tribunal to the Special Adjudicator can and should be considered. ‘I have indicated some of the difficulties which may arise. There is no doubt that . .
Cited – AA069062014 and Others AIT 30-Aug-2017
Several appellants, all from the same judge, complained of his handling of their cases.
Held: The complaints about the decisions were entirely well-founded: ‘Nobody reading them could detect how the judge reached the conclusion he did, acting . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 20 December 2022; Ref: scu.180023

In Re Thurlow, Decd Riddick and Another v Kennard and Others: ChD 7 Jul 1971

cw Will – Construction – ‘Descendants’ – Residuary estate to be divided between descendants of late mother and of late father – Modern legal and ordinary meaning of ‘descendants’ – Whether ‘descendants’ include collateral relations
The will stated that the residuary estate should be divided between ‘the descendants’ of the deceased’s late parents. How was the phrase to be interpreted? Only relations of the parents’ brothers and sisters existed.
Held: In modern society, the terms descendants must be taken to refer to the children of the person, and did not include collateral relations. The residuary estate passed as on intestacy.

Judges:

Pennycuick VC

Citations:

[1971] 3 WLR 811

Links:

lip

Jurisdiction:

England and Wales

Citing:

Cited – Best v Stonehewer 1864
. .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 20 December 2022; Ref: scu.177401

Kirkwood (Inspector of Taxes) v Evans: ChD 25 Jan 2002

The taxpayer was obliged to visit an office in Leeds once a week. He lived in Norfolk. He sought to set off the travel expenses against his schedule E Income Tax. As a home worker, he also sought the expenses of maintaining an office at home. Both requirements were imposed by his employers as part of their home-working scheme.
Held: The tests for setting off such expenses were strict. To come within the new definition, the travelling expenses had to be incurred performing employment duties, but also attributable to the necessary attendance of the employee in the performance of those duties, and not to be excluded by the definitions of ordinary commuting or private travel. Under those definitions the travel was part of his ordinary commuting. The home expenses were not necessary for the employment because the home working scheme was optional.

Judges:

Patten J

Citations:

Gazette 06-Mar-2002, Times 05-Feb-2002

Statutes:

Income and Corporation Taxes Act 1988 198(1) and (1A), Schedule 12, Finance Act 1998 61(1)

Jurisdiction:

England and Wales

Income Tax

Updated: 20 December 2022; Ref: scu.167554

Downderry Construction Ltd v Secretary of State for Transport, Local Government and the Regions and Another: Admn 11 Jan 2002

The applicant had an existing planning permission. They sought and received confirmation from the local authority that the permission remained in effect. They then sought a certificate of lawful use. The letter confirming the permission had been issued in error, but the claimant asserted that the council were estopped from refusing the certificate. The inspector said the developer knew enough not to have relied upon the letter.
Held: A public authority may be subject to an estoppel even in exercising its statutory duties in exceptional circumstances. Here the representation made by the council was clear and unambiguous, and the applicant believed it and relied upon it to his detriment. It was not justified to say he should have known the falsity of the representation. There is no requirement as to the reasonableness of the claimant relying upon the representation. The inspector erred in law and his decision was quashed.

Judges:

Richards J

Citations:

[2002] EWHC 2 (Admin)

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 191 192

Jurisdiction:

England and Wales

Citing:

Cited – Western Fish Products Ltd v Penwith District Council and Another CA 22-May-1978
Estoppel Cannot Oust Statutory Discretion
The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Planning, Administrative, Estoppel

Updated: 20 December 2022; Ref: scu.168018

Calcraft v Guest: CA 1898

A trial had taken place in which the principal issue was the upper boundary of the plaintiff’s fishery. On appeal the defendant proposed to rely on new evidence discovered among the papers in another action tried over a hundred years before. The papers included proofs of witnesses. The papers had been prepared on behalf of John Calcraft, a predecessor in title of the plaintiff. The defendant was allowed to inspect them and copies were handed to the defendant by the grandson of the late Mr Calcraft’s solicitor, in each case without any authority. On the appeal, there were two questions: first, whether the documents were privileged, and, second, whether the appellant could give secondary evidence of their contents.
Held: If a litigant wants to prove a particular document which by reason of privilege or some circumstance he cannot furnish by the production of the original, he may produce a copy as secondary evidence although that copy has been obtained by improper means, and even, it may be, by criminal means They remained privileged: ‘once privileged always privileged’ However, notwithstanding the privilege, the appellant could give secondary evidence of their contents.

Citations:

[1898] 1 QB 759

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Governor of Pentonville Prison, Ex Parte Osman QBD 30-Mar-1988
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international . .
Explained – Lord Ashburton v Pape CA 1913
Pape’s bankruptcy discharge was opposed by Lord Ashburton. He subpoenaed Brooks, a clerk to Lord Ashburton’s solicitor and obtained privileged letters written by Lord Ashburton to Mr Nocton, which Pape proposed to use. Pape and Brooks had colluded. . .
Cited – L v L and Hughes Fowler Carruthers QBD 1-Feb-2007
The parties were engaged in ancillary relief proceedings. The Husband complained that the wife had sought to use unlawfully obtained information, and in these proceedings sought delivery up of the material from the wife and her solicitors. He said . .
Cited – McE, Re; McE v Prison Service of Northern Ireland and Another HL 11-Mar-2009
Complaint was made that the prisoner’s privileged conversations with his solicitors had been intercepted by the police.
Held: The Act made explicit provisions allowing such interception and set out the appropriate safeguards. The interceptions . .
Applied – Goddard v Nationwide Building Society CA 1986
A solicitor had acted for both purchaser and lender in a purchase transaction. The purchaser later sought to recover from the defendant for a negligent valuation. The solicitor had however discussed the issue with the plaintiff before the purchase, . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Legal Professions

Updated: 20 December 2022; Ref: scu.181101

Koch Shipping Inc v Richards Butler (a Firm): CA 22 Jul 2002

The claimants in an arbitration sought orders with regard to a solicitor who had moved to the opponent’s firm of solicitors, but who came with privileged knowledge of the claimant’s business dealings. She offered undertakings, but the claimant viewed these as inadequate. The respondent firm of solicitors appealed an order to withdraw from the action.
Held: Each such case must turn on its facts. Here there was no reason to doubt the high professionalism, skills and integrity of the solicitor in question. The situation differed from that in Bolkiah. It was fanciful to imagine her inadvertently letting something slip to the detriment of the claimant.
Tuckey LJ warned that: ‘In these days of professional and client mobility it is of course important that client confidentiality should be preserved. Each case must depend on its own facts but I think there is a danger inherent in the intensity of the adversarial process of courts being persuaded that a risk exists when, if one stands back a little, that risk is no more than fanciful or theoretical. I advocate a robust view with this in mind so as to ensure the line is sensibly drawn.’

Judges:

Lord Justice Ward, Lord Justice Tuckey and Lord Justice Clarke

Citations:

Times 21-Aug-2002, Gazette 26-Sep-2002, [2002] EWCA Civ 1280, [2002] 2 All ER Comm 957, [2002] 1 PNLR 603, [2002] Lloyd’s Rep PN 604

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Prince Jefri Bolkiah v KPMG (A Firm) HL 16-Dec-1998
Conflicts of Duty with former Client
The House was asked as to the duties of the respondent accountants (KPMG). KPMG had information confidential to a former client, the appellant, which might be relevant to instructions which they then accepted from the Brunei Investment Agency, of . .
Cited – Young, Young, Irby v Robson Rhodes and Frank Attwood ChD 30-Mar-1999
Where a merger was proposed between two accountancy firms, who had provided litigation support services to opposing sides in a case, it was necessary to separate the two halves most rigorously including physical separation in order to ensure no . .

Cited by:

Cited – GUS Consulting Gmbh v Leboeuf Lamb Greene and Macrae CA 26-May-2006
The claimant brought an action to restrain the lawyer defendants from acting in arbitration for having previously acted for other parties.
Held: The claimant’s appeal for an injunction failed. Following Bolkiah, the burden on the defendants . .
Cited – Winters v Mishcon De Reya ChD 15-Oct-2008
The claimant sought an injunction to prevent the defendant firm of solicitors acting for his employers against him. He said that they possessed information confidential to him having acted for him in a similar matter previously. The solicitors . .
Cited – Stiedl v Enyo Law Llp and Others ComC 18-Oct-2011
The applicant, defendant in the main proceedings, sought an injunction to restrain the solicitors from acting for the claimant and from making any use of documents which had come into their privileged possession whilst acting for him. . .
Cited – Caterpillar Logistics Services (UK) Ltd v Huesca De Crean QBD 2-Dec-2011
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other . .
Cited – Albion Plc v Walker Morris (A Firm) CA 19-Mar-2006
The court was asked whether defendant firm of solicitors should be prevented from acting for potential conflict of interest. They sought leave to appeal an order restraining them from acting. They had acted in two similar matters for the client . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Litigation Practice

Updated: 20 December 2022; Ref: scu.174716

Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey.
Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. There is no extant legal rule or principle which creates a right of absolute conscientious objection, such that where it is not respected, a good case to refugee status under the Convention may arise. Treatment is not persecutory if it is treatment meted out to all and is not discriminatory.

Judges:

Lord Bingham of Cornhill

Citations:

[2003] UKHL 15, Times 21-Mar-2003, Gazette 09-May-2003, [2003] 1 WLR 856, [2003] 3 All ER 304, [2003] Imm AR 428, 14 BHRC 238, [2003] INLR 322

Links:

House of Lords, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Secretary of State for the Home Department, ex parte Adan, Same, ex parte Aitsegeur HL 20-Dec-2000
The Convention gave protection to an asylum seeker fearing persecution by non-state agents in his country of origin where that government was unable or unwilling to provide protection. France and Germany did not recognise this right, and therefore . .
Cited – Regina v Immigration Appeal Tribunal Secretary of State for Home Department ex parte Shah and Others CA 23-Jul-1997
Even the justified fears of being stoned to death for adultery did not create a particular separate group from which protection from persecution could be claimed in support of an application for asylum. A ‘social group’ for refugee applicants, had . .
Cited – Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar CA 11-Oct-1995
The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore . .
Cited – Horvath v Secretary of State for the Home Department HL 7-Jul-2000
When considering the fear of prosecution in an applicant for asylum, the degree of persecution expected from individuals outside the government was to be assessed in the context also of the attitude of the government of the country to such . .
Adopted – Sivakumar v Secretary of State for the Home Department CA 24-Jul-2001
The applicant for asylum was a Tamil. He was persecuted. He claimed it was political. The possibility of drawing that inference was greater when legal mis-treatment was not expected to be followed by legal proceedings. Excessive or arbitrary . .
Appeal from – Yasin Sepet and Erdem Bulbul v Secretary of State for Home Department (UNCHR Intervening) CA 11-May-2001
The fear of being punished for refusing to be drafted into a country’s defence forces, where the claimant would be a conscientious objector, and the right to such objections would not be recognised, was not sufficient to justify an application for . .

Cited by:

Appealed to – Yasin Sepet and Erdem Bulbul v Secretary of State for Home Department (UNCHR Intervening) CA 11-May-2001
The fear of being punished for refusing to be drafted into a country’s defence forces, where the claimant would be a conscientious objector, and the right to such objections would not be recognised, was not sufficient to justify an application for . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – Khan v Royal Air Force Summary Appeal Court Admn 7-Oct-2004
The defendant claimed that he had gone absent without leave from the RAF as a conscientous objector.
Held: The defendant had not demonstrated by complaint to the RAF that he did object to service in Iraq. In some circumstances where there was . .
Cited – Hoxha and Another v Secretary of State for the Home Department HL 10-Mar-2005
The claimants sought to maintain their claims for asylum. They had fled persecution, but before their claims for asylum were determined conditions in their home country changed so that they could no longer be said to have a well founded fear of . .
Cited – Secretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department HL 18-Oct-2006
The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group.
Held: The . .
Cited – London Borough of Lewisham v Malcolm HL 25-Jun-2008
Unrelated Detriment was no Discrimination
The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make . .
Cited – HJ (Iran) v Secretary of State for The Home Department; HT (Cameroon) v Same SC 7-Jul-2010
The claimants sought to prevent their removal and return to their countries of origin saying that as practising homosexuals they would face discrimination and persecution. They appealed against a judgment saying that they could avoid persecution by . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 20 December 2022; Ref: scu.179983

Weeks v Magill and Dame Porter v Magill: CA 30 Apr 1999

Where local councillors acted with a proper local government purpose, and in accordance with officers’ advice, ulterior motives of electoral advantage did not make the decisions improper.

Citations:

Times 06-May-1999, Gazette 26-May-1999, [1999] EWCA Civ 1317

Jurisdiction:

England and Wales

Citing:

See Also – Weeks v Magill and Porter v Magill CA 5-Nov-1998
. .
See Also – Weekes v Magill and Dame Porter v Magill CA 30-Apr-1999
. .

Cited by:

Appeal From – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
See Also – Weeks v Magill and Porter v Magill CA 5-Nov-1998
. .
See Also – Weekes v Magill and Dame Porter v Magill CA 30-Apr-1999
. .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 20 December 2022; Ref: scu.146232

Weekes v Magill and Dame Porter v Magill: CA 30 Apr 1999

Citations:

[1999] EWCA Civ 1316

Jurisdiction:

England and Wales

Citing:

See Also – Weeks v Magill and Dame Porter v Magill CA 30-Apr-1999
Where local councillors acted with a proper local government purpose, and in accordance with officers’ advice, ulterior motives of electoral advantage did not make the decisions improper. . .
See Also – Dame Porter v Magill and Weekes v Magill CA 19-May-1999
. .

Cited by:

See Also – Weeks v Magill and Dame Porter v Magill CA 30-Apr-1999
Where local councillors acted with a proper local government purpose, and in accordance with officers’ advice, ulterior motives of electoral advantage did not make the decisions improper. . .
See Also – Dame Porter v Magill and Weekes v Magill CA 19-May-1999
. .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 20 December 2022; Ref: scu.146231

Danemark Limited v BAA Plc: CA 16 Oct 1995

The defendant had obtained an order or additional security for costs against the defendant company (registered with andpound;100 share capital) under the section. It appealed. There was evidence to suggest some fraud by the plaintiff, but also that there was a genuine claim. The court had a difficult balance to draw between stifling a proper claim by a small company and putting the defendant at risk of incurring costs the plaintiff could not meet. The judge had erred, and the security order was vacated.

Citations:

[1995] EWCA Civ 6

Links:

Bailii

Statutes:

Companies Act 1985 726(1)

Jurisdiction:

England and Wales

Citing:

Applied – Keary Developments v Tarmac Constructions CA 1995
The court set out the principles to be applied by the court upon an application for security for costs.
1. The court has a complete discretion whether to order security, and accordingly it will act in the light of all the relevant . .
Lists of cited by and citing cases may be incomplete.

Company, Costs, Litigation Practice

Updated: 20 December 2022; Ref: scu.140365

Ministere public luxembourgeois v Madeleine Muller, Veuve J.P. Hein and others. (Judgment): ECJ 14 Jul 1971

In applying article 177 of the Treaty the court is not competent to decide questions of compatibility of a provision of national law with community law. It can, however, infer from the wording of the questions formulated by the national court, in the light of the facts as found by the latter, the matters involving interpretation of the treaty. An undertaking which enjoys certain privileges for the accomplishment of tasks entrusted to it by law, maintaining for this purpose close links with the public authorities, and which is responsible for ensuring the navigability of the state’ s most important waterway, may fall under article 90(2) of the EEC treaty. The application of article 90(2) involves an appraisal of the requirements, on the one hand, of the particular task entrusted to the undertaking concerned and, on the other hand, the protection of the interests of the community. This appraisal depends on the objectives of general economic policy pursued by the states under the supervision of the commission. Consequently, and without prejudice to the exercise by the commission of the powers conferred by article 90(3), article 90(2) cannot create individual rights which the national courts must protect.

Citations:

C-10/71

Jurisdiction:

European

European

Updated: 20 December 2022; Ref: scu.131967

O’Dea v ISC Chemicals Ltd: CA 4 Aug 1995

Where the performance of union duties stopped a worker from doing the job he was employed for properly, a redundancy selection was possible. Here there was no redundancy comparator for a shop steward spending half his time on union activities. The court cautioned against use of phrases about procedural unfairness: ‘In my judgment, in a case where the reason or principal reason for dismissal is redundancy but the employer acted unreasonably in some particular respect in the process of selecting the applicant for redundancy so that the dismissal was rendered unfair, it is for the industrial tribunal to decide what it is just and equitable in all the circumstances to award the applicant, having regard to the loss sustained by the applicant in so far as that loss is attributable to action by the employer (see what is now ERA 1996 section 123(1) set out below at paragraph 66). To a case such as the present, where the industrial tribunal are satisfied that the particular defect in what the employer did only deprived the applicant of a chance that he would have been retained in the absence of such a defect, the applicability of the dictum, already cited, of Browne-Wilkinson J and its good sense seem to me obvious. I do not regard it as helpful to characterise the defect as procedural or substantive nor in my view should the industrial tribunal be expected to do so, though in fact in the present case the industrial did repeatedly describe the defect as procedural. The fact of the matter is that Mr. O’Dea lost only a one in five chance of being retained, and I can see no arguable case that he should have been compensated on the same footing as if he was bound to have been retained but for his trade union activitie.s’

Judges:

Peter Gibson LJ

Citations:

Times 04-Aug-1995, Independent 24-Aug-1995, [1995] IRLR 599, [1996] ICR 222

Statutes:

Employment Protection (Consolidation) Act 1978 58 59

Jurisdiction:

England and Wales

Citing:

Approved – Sillifant v Powell Duffryn Timber Ltd CA 1983
The court explained the principle on ‘British Labour Pump’ as follows: ‘even if, judged in the light of the circumstances known at the time of dismissal, the employer’s decision was not reasonable because of some failure to follow a fair procedure . .
Appeal from – O’Dea v ISC Chemicals Ltd (T/A Rhone-Poulenc Chemicals) EAT 14-Feb-1994
. .

Cited by:

Cited – Lambe v 186K Ltd CA 29-Jul-2004
The claimant had been dismissed for redundancy, but the company had been found not to have consulted him properly, and he had therefore been unfairly dismissed. The tribunal had then found that even if consulted the result would not have been . .
Cited – Alexander and Hatherley v Bridgen Enterprises Ltd EAT 12-Apr-2006
The company made selections for redundancy, but failed to give the appellants information about how the scoring system had resulted in the figures allocated. The calculations left their representative unable to challenge them on appeal. The . .
Cited – Software 2000 Ltd v Andrews etc EAT 17-Jan-2007
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 20 December 2022; Ref: scu.84424

Taylor v Bhail: CA 1 Nov 1995

A contract involving a fraudulent insurance claim will not be enforced by courts.

Judges:

Sir Stephen Brown P, Russell LJ, Millett LJ

Citations:

Ind Summary 20-Nov-1995, [1995] EWCA Civ 54, [1996] CLC 377, 50 Con LR 70

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – SQ v RQ and Another FD 31-Jul-2008
The home in which the family had lived was held in the name of a brother. Each party claimed that it was held in trust for them. Chancery proceedings had been consolidated into these ancillary relief applications. The home had been in the husband’s . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 20 December 2022; Ref: scu.89741

Rowe v Glenister and Others: CA 7 Aug 1995

Mrs. Rowe sued Mr. Glenister for breach of trust. The judge struck out the action for the want of prosecution.
Held: A witness’s memory loss is not itself a sufficient reason to strike out an action for want of prosecution. A defendant seeking a striking out for delay must also show some post-writ prejudice caused by the delay.

Citations:

Times 07-Aug-1995, Ind Summary 11-Sep-1995

Jurisdiction:

England and Wales

Cited by:

See Also – Glenister v Rowe CA 21-Apr-1999
The claimant sued for breach of trust. The action was re-instated after being struck out for want of prosecution, but in the meantime the defendant had been made bankrupt and then discharged from bankruptcy. An order for costs was then made which . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Insolvency

Updated: 20 December 2022; Ref: scu.88878

Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others: CA 20 Oct 1995

The Maastricht environmental commitment imposed no binding obligation on a government of itself. The unproven possibility of a medical effect of radiation from power supply lines was no justification for new rules.

Citations:

Times 26-Oct-1995, Independent 20-Oct-1995

Statutes:

Electricity Act 1989, Maastricht Treaty

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others QBD 4-Oct-1994
Secretary of State was under no duty to issue regulations to protect against low level electromagnetic radiation. . .

Cited by:

Appealed to – Regina v Secretary of State for Trade and Industry Ex Parte Duddridge and Others QBD 4-Oct-1994
Secretary of State was under no duty to issue regulations to protect against low level electromagnetic radiation. . .
Lists of cited by and citing cases may be incomplete.

Environment

Updated: 20 December 2022; Ref: scu.87951

Regina v Bristol County Court Ex Parte Bradic: CA 1 Sep 1995

An unlawful eviction did not of itself constitute an emergency giving the applicant ‘priority need’ for housing. The event that results in the homelessness of the person claiming a priority need must have the characteristics of being ‘an emergency’ and ‘a disaster’. The omission of the word ‘any’ before the words ‘other disaster’ in the 1985 Act reinforces this reading of the subsection. The court interpreted the words of the subsection to mean an emergency such as flood, fire or other disaster of a similar nature. The line is not to be drawn as narrowly as to confine the emergencies which can give rise to a priority need to those amounting to ‘force majeure’. Parliament must have had in mind emergencies caused by fires deliberately or accidentally caused by human beings. The line is to be drawn so as to embrace all emergencies which consist of physical damage to the accommodation of the applicant which have made the accommodation uninhabitable.

Judges:

Roch LJ

Citations:

Gazette 15-Sep-1995, Independent 01-Sep-1995, (1995) HLR 584

Statutes:

Housing Act 1985 59(1)

Jurisdiction:

England and Wales

Citing:

Cited – Noble v South Herefordshire District Council CA 1983
The argument (that the word ’emergency’ was used in a wider sense than emergencies confined to emergencies arising from disaster) had no force in this case because in the phrase ‘any emergency such as flood, fire or any other disaster’ the words ‘or . .

Cited by:

Cited – Higgs v Brighton and Hove City Council CA 30-Jun-2003
The applicant lived in a caravan. It disappeared without trace, and he claimed emergency housing under the section. Was housing required as a result of an emergency flood fire or disaster?
Held: There was in fact no explanation available for . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 20 December 2022; Ref: scu.86209

Re S (Minors)(Care Order: Appeal); Dyfed County Council v S, Re S (Discharge of Care Order): CA 6 Sep 1995

Discharge of care order is the appropriate procedure not an appeal after very long time. The court considered its approach in admitting new evidence on appeal in family law cases: ‘The willingness of the family jurisdiction to relax the ordinary rules of issue estoppel, and (at the appellate stage) the constraints of Ladd v Marshall [1954] 1 WLR 1489 upon the admission of new evidence, does not originate from laxity or benevolence but from recognition that where children are concerned there is liable to be an infinite variety of circumstance whose proper consideration in the best interests of the child is not to be trammelled by the arbitrary imposition of procedural rules. That is a policy whose sole purpose, however, is to preserve flexibility to deal with unusual circumstances.’ and ‘In the general run of cases the family courts (including the Court of Appeal when it is dealing with applications in the family jurisdiction) will be every bit as alert as courts in other jurisdictions to see to it that no one is allowed to litigate afresh issues that have already been determined. The maxim ‘sit finis litis’ is, as a general rule, rigorously enforced in children cases, where the statutory objective of an early determination of questions concerning the upbringing of a child expressed in s 1(2) of the Children Act is treated as requiring that such determination shall not only be swift but final.’

Judges:

Waite LJ

Citations:

Gazette 06-Sep-1995, [1995] 2 FLR 639

Statutes:

Children Act 1989 1(2)

Jurisdiction:

England and Wales

Cited by:

Cited – In re K (Children) (Non-accidental injuries: Perpetrator: New Evidence) CA 27-Aug-2004
The children had been taken into care, and freed for adoption. The mother appealed saying the blame for non-accidental injury was misplaced. The court had not thought her responsible for the non-accidental injuries, but she had been unwilling to . .
Cited – Webster (the Parents) v Norfolk County Council and others CA 11-Feb-2009
Four brothers and sisters had been adopted after the parents had been found to have abused them. The parents now had expert evidence that the injuries may have been the result of scurvy, and sought leave to appeal.
Held: Leave was refused. . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 20 December 2022; Ref: scu.85875

PCW Syndicate v PCW Reinsurers: CA 8 Sep 1995

A policy was not avoided by the agent’s failure to disclose his own dishonesty with the principal. In this area there was no difference between the law of Marine Insurance and other insurances.

Citations:

Independent 08-Sep-1995, Times 10-Oct-1995, [1996] 1 WLR 1136

Jurisdiction:

England and Wales

Cited by:

Cited – HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 20 December 2022; Ref: scu.84618

TVZ and Others v Manchester City Football Club Ltd: QBD 6 May 2021

Applications in proceedings between the eight Claimants and the Defendant arising out of sexual abuse perpetrated by B when he was a football coach in the 1980s. Each of the Claimants was sexually and emotionally abused by B, in some cases repeatedly. At the relevant times, the Claimants were boys aged between 8 and 16 years old who were abused by B whilst he coached youth football teams in which they played.

Judges:

Mr Justice Cavanagh

Citations:

[2021] EWHC 1179 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Vicarious Liability, Torts – Other

Updated: 20 December 2022; Ref: scu.662430

Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

The Court dismissed an appeal from a decision to dispense with notice under the section. A notice to quit had been served and a summons for possession issued with an appendix containing details of the allegations of breach of the tenancy agreement and nuisance.Only much later was an application was made to dismiss the proceedings on the grounds that the notice did not comply with section 8. The judge ruled that the particulars in the notice were inadequate but dispensed with the need for a notice under section 8(1)(b). In considering the words ‘just and equitable’ the court referred to judgments considering those same words in the context of the Rent Act 1977, which emphasised the necessity to ‘consider all the circumstances’. Every case will depend upon its own facts and the pleaded ground or grounds relied on in the notice. The court must take all the circumstances into account, both from the view of the landlord and the tenant, and decide whether it is just and equitable to dispense with the required particulars.

Judges:

Aldous LJ, Butler-Sloss LJ

Citations:

Times 08-Aug-1995, Ind Summary 28-Aug-1995, (1995) 28 HLR 270

Statutes:

Housing Act 1986 8(1)(b)

Jurisdiction:

England and Wales

Cited by:

Cited – Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis CA 9-Apr-2003
The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings.
Held: The transfer moved . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Housing

Updated: 20 December 2022; Ref: scu.82720

In Re T (Minors) (Adopted Children: Contact): CA 8 Aug 1995

A half-sister had been assured that when her half-sister was adopted she would be given annual reports as to her progress. No report was provided. When she enquired and complained, she was told that the adopters had changed their minds and that it was not in the children’s interests for the report to be provided. Furthermore, confidentiality precluded any explanation of the reasons for that refusal. She applied to the court for leave to make an application for contact. The judge refused it. She appealed.
Held: She succeeded. The court balanced carefully on the one hand the right of an adoptive family to protection of confidentiality and their right to bring up the adopted child in the way that they thought appropriate, and the inappropriateness of enforcing informal arrangements which might no longer be appropriate and which therefore fell to the prospective adopters to terminate. On the other hand, for the applicant it was argued that if this decision was allowed to stand it meant that adoptive parents could effectively ignore any agreement entered into in the best interests of the child in question, and that that would in fact result in more contests and more difficulties in prospective applications. The court came down firmly in favour of the latter proposition. Guidelines were given on procedures for maintaining parental contact after adoption order. Reasons beyond ‘not in Child’s interest’ are to be given before contact may be withdrawn. Balcombe LJ: ‘I am not saying that it should never be open to adopters to change their minds and resile from an informal agreement made at the time of the adoption. But if they do so they should, as Butler-Sloss LJ said in In re T (A Minor) (Contact After Adoption) [1995] 2 FCR 537, 543 give their reasons clearly so that the other party to the arrangement, and if necessary the court, may have the opportunity to consider the adequacy of those reasons. Nor need adopters fear that their reasons, when given, will be subjected to critical legal analysis. The judges who hear family cases are well aware of the stresses and strains to which adopters in the position of Mr and Mrs H are subject and a simple explanation of their reasons in non-legal terms would usually be all that is necessary. In my judgment where adopters in the position of Mr and Mrs H simply refuse to provide an explanation for their change of heart, particularly where, as here, the contact envisaged – the provision of a report – is of a nature which is most unlikely to be disruptive of the children’s lives, it is not appropriate for the court to accept that position without more.’

Judges:

Balcombe LJ

Citations:

Times 08-Aug-1995, Independent 23-Aug-1995, [1996] Fam 34

Jurisdiction:

England and Wales

Cited by:

Cited – In re R (a Child) (Adoption: Contact) CA 18-Aug-2005
The child was placed for adoption. In the period before adoption, contact with her family continued. The prospective adopters said that this was unsettling.
Held: It would be unusual to make an order for contact against the wishes of the . .
Cited – In re R (A Child) CA 18-Aug-2005
An application was made for continued contact after a proposed adoption. The mother was young and had herself lost her family and taken into care when very young.
Held: Her request for permission to appeal failed. Wall LJ said: ‘I am . .
Cited – Oxfordshire County Council v X and Others CA 27-May-2010
The LA, the guardian and adoptive parents appealed against an order that they should provide to the parents an annual photograph of the child. They contended that an image should only be made available to be viewed at the authority’s offices . .
Lists of cited by and citing cases may be incomplete.

Adoption

Updated: 20 December 2022; Ref: scu.82227

In Re Medicaments and Related Classes of Goods: RPC 14 Apr 1999

Before granting leave to review the exemption of a class of goods from the resale price maintenance prohibition, there must be established prima facie evidence of a material change in circumstances, which might have led the earlier court to a different conclusion.

Citations:

Times 14-Apr-1999

Statutes:

Resale Prices Act 1976 17

Jurisdiction:

England and Wales

Cited by:

See Also – In Re Medicaments and Related Classes of Goods (No 2) RPC 17-Nov-2000
Part way into a trial, one of the judges in a case applied for a position with a company. She discovered that a director of that company was due to give evidence. She brought the circumstances to the attention of the remaining court and parties. She . .
See Also – In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .
See also – In re Medicaments and Related Classes of Goods (No 4) CA 26-Jul-2001
The parties had expended very considerable sums preparing for a hearing. The hearing became abortive when it was questioned whether a member of the court had given the appearance of bias. The parties sought payment of their wasted costs from the . .
Lists of cited by and citing cases may be incomplete.

Consumer

Updated: 20 December 2022; Ref: scu.82054

Giles v The Law Society: CA 20 Oct 1995

A notice of the Law Society’s suspicion of dishonesty founding an intervention in a solicitor’s practice, did not need to particularise the acts suspected. Sedley LJ said: ‘it is by common consent a matter for the court’s judgment [on an application under paragraph 6(4) of schedule 1] (I prefer not to use the word discretion in this context) whether it should direct withdrawal – a judgment which may be significantly, though not conclusively, affected by the Law Society’s own view of the facts, since the view taken by the professional body charged with the regulation of solicitors’ practices is in itself a relevant evidential factor to which the judge not only can but must have regard.’

Judges:

Sedley LJ

Citations:

Gazette 25-Oct-1995, Times 20-Oct-1995, [1995] 8 Admn LR 105

Statutes:

Solicitors Act 1974 Sch I Part II para 6

Jurisdiction:

England and Wales

Cited by:

Cited – Holder v Law Society CA 24-Jan-2003
The Society had intervened in the applicant’s legal practice. He complained that the intervention was disproportionate, and by removing his right to enjoyment of his possession, infringed his human rights. The Society appealed the finding that an . .
Cited – Sritharan v Law Society CA 27-Apr-2005
The Law Society had intervened in the applicant’s legal practice as a solicitor, and his practising certificate had been automatically suspended. He applied to the court to remove the suspension.
Held: The powers exercised were statutory. The . .
Cited – Sheikh v The Law Society ChD 1-Jul-2005
The claimant challenged the intervention by the Law Society in her solicitors practice.
Held: Though there were some breaches of the solicitors’ accounts rules there was insufficient basis for the Society to have behaved in the way it had and . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 20 December 2022; Ref: scu.80823

Department of Social Security v Butler: CA 11 Aug 1995

The Secretary of State was not entitled to a Mareva injunction preventing the disposal of assets against a parent pending the issue of a child support assessment. The court refused a freezing order:- (Morritt LJ) ‘The Child Support Act introduced a wholly new framework for the assessment and collection of the sums required for the maintenance of children by their parents. There is no provision for the enforcement of any maintenance assessment except by the Secretary of State and his methods of enforcement are limited in the way I have mentioned. In my judgment the detailed provisions contained in the Act of 1991 which I have described show clearly that Parliament intended that all questions concerning the enforcement of maintenance assessments should be determined exclusively by the Secretary of State, the Magistrates’ Court or the County Court. The civil jurisdiction of the High Court is, in my view, necessarily excluded.’
Evans LJ: ‘The following observations may be made on these statutory provisions. (1) The Act of 1991 together with regulations made under it provide a detailed and apparently comprehensive code for the collection of payments due under maintenance assessments and the enforcement of liability orders made on the application of the Secretary of State. (2) The only method provided for enforced collection before a liability order is made is a deduction from earnings order made by the Secretary of State himself under section 31. (3) Although section 1(3) provides for a duty which arises when the maintenance assessment is made, this duty is not expressed as a civil debt. Mr Crampin accepts that the duty could not be directly enforced by action in any civil court, or by any means other than as provided in the Act. (4) There is no provision for precautionary or Mareva-style relief.’
Morritt LJ: ‘As I have indicated the Secretary of State claims in respect of the statutory right correlative with the obligation expressed in section 1(3) of the Act of 1991. But that obligation and right is not a civil debt in any ordinary sense. First, the obligation may only be enforced by the Secretary of State and not by any other person who may be stated to be the payee in the maintenance assessment. Secondly, the Secretary of State’s powers of enforcement do not enable him to sue for the arrears in the ordinary way. In the first instance his choice lies between a deduction of earnings order directed to the employer or an application to justices for a liability order. In my judgment, neither of those rights is such as would entitle this court, consistently with the decision in The Veracruz I [1992] 1 Lloyd’s Rep. 353 to grant Mareva relief.
The Child Support Act 1991 introduced a wholly new framework for the assessment and collection of the sums required for the maintenance of children by their parents. There is no provision for the enforcement of any maintenance assessment except by the Secretary of State and his methods of enforcement are limited in the way I have mentioned. It seems to me that it would be inconsistent with the Act as a whole in general and with section 33 in particular if the Secretary of State were to be at liberty to apply for Mareva injunctions in the High Court. If the conditions in section 33(1) are satisfied then Parliament has clearly laid down that the Secretary of State should proceed first in the magistrates’ court and then in the county court. If those conditions are not satisfied then Parliament has clearly ordained that the Secretary of State should not be entitled to enforce the maintenance assessment by court process at all.
No doubt clear words or a necessary implication are required to exclude the jurisdiction of the court. The suggested exclusion in this case is of the High Court’s ordinary civil jurisdiction which includes the power to grant injunctions. In my judgment, the detailed provisions contained in the Act of 1991 which I have described show clearly that Parliament intended that all questions concerning the enforcement of maintenance assessments should be determined exclusively by the Secretary of State, the magistrates’ court or the county court. The civil jurisdiction of the High Court is, in my view, necessarily excluded. I agree with Evans LJ that the judge was right and that this application should be dismissed.’
Simon Brown LJ: ‘For my part I believe that the argument fails at both stages albeit for what in the last analysis may be thought essentially the selfsame reason. Put shortly my conclusions are, first, that Mareva relief is only obtainable where there is already available to the applicant a cause of action properly so called, viz. a right to litigate or arbitrate an existing monetary claim, and, secondly, that the Act of 1991 affords to the Secretary of State no such cause of action, and indeed no rights at all save only those expressly conferred upon him by section 4(2) to arrange in certain circumstances either for the ‘collection’ of maintenance payable under an assessment or for the ‘enforcement’ of the obligation to pay such maintenance, in each instance as thereafter expressly provided for in sections 29 et seq. of the Act of 1991.’

Judges:

Morritt LJ, Evans LJ, Simon Brown LJ

Citations:

Ind Summary 14-Aug-1995, Times 11-Aug-1995, [1995] 1 WLR 1528

Statutes:

Supreme Court Act 1981 37, Child Support Act 1991

Jurisdiction:

England and Wales

Cited by:

Cited – Secretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Lists of cited by and citing cases may be incomplete.

Child Support

Updated: 20 December 2022; Ref: scu.79908

Delaney v Delaney: CA 2 Nov 1995

A County Court judge has no power to imprison a contemnor pending a sentence decision. Time spent in custody awaiting trial for contempt would not automatically be set off against the final sentence. Proceedings for contempt can be restored after sentence so that consideration could be given to whether the contemnor had purged his contempt. Sir Thomas Bingham MR said: ‘the enforcement of orders is the prime object and the personal circumstances of the contemnor are a relatively minor consideration’.
Sir Thomas Bingham MR differentiated contempts in the face of the court, saying: ‘I should make absolutely plain that in the course of his submissions Mr Munby put entirely on one side contempts in the face of the court. Those are the subject of special provisions in the lower courts, section 118(1) of the County Court Act 1984 governing the position in the county court and section 12(1) of the Contempt of Court Act 1981 governing the position in the magistrates’ court. A power has long been exercised by the superior courts to detain those committing or apparently committing contempts in the face of the court until the rising of the court on the day of the alleged contempt and there is no reason to doubt the existence of that inherent power. It has, however, no bearing on the present situation which was not such a contempt’

Judges:

Sir Thomas Bingham MR, Balcombe LJ

Citations:

Ind Summary 27-Nov-1995, Times 02-Nov-1995, [1996] QB 387

Statutes:

Contempt of Court Act 1981 14(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Sevketoglu v Sevketoglu CA 21-Aug-2003
The appellant had broken two court orders, and appealed a sentence of two months imprisonment. He had been held on remand for 28 days before the court hearing.
Held: The judge should have given allowance for the time spent in custody already. . .
Cited – Balli, Re Contempt of Court Act 1981 (No. 2) ChD 15-Jul-2011
The defendant litigant had been found guilty of contempt in the face of court and sentenced to six months’ imprisonment. The contemnor now sought to purge his contempt.
Held: The sentence had been imposed as punishment and not to seek to . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court

Updated: 20 December 2022; Ref: scu.79888

Crosville Wales Ltd v Tracey: CA 4 Aug 1995

There should be no reduction in an award of damages for unfair dismissal simply for participation in strike where the employee had not been not re-instated after the industrial action.

Citations:

Times 04-Aug-1995, Independent 29-Aug-1995

Statutes:

Employment Protection (Consolidation) Act 1978 62 74(6)

Jurisdiction:

England and Wales

Employment, Damages

Updated: 20 December 2022; Ref: scu.79681

Connelly v RTZ Corporation Plc: CA 29 Sep 1995

Availability of legal aid to a party is not a relevant consideration to rules of forum non conveniens.

Citations:

Independent 29-Sep-1995, Times 20-Oct-1995

Jurisdiction:

England and Wales

Cited by:

Appeal from – Connelly v RTZ Corporation Plc and others HL 24-Jul-1997
The availability of legal aid to a party is not part of criteria for choosing jurisdiction save in exceptional circumstances.
Lord Goff discussed the Spiliada case: ‘the burden of proof rests on the defendant to persuade the court to exercise . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Jurisdiction, Legal Aid

Updated: 20 December 2022; Ref: scu.79443

Ashford Hotels Ltd v Higgins and Others: CA 14 Aug 1995

An order for Security for costs was possible even where the trial may yet proceed in a foreign jurisdiction. Even though the court had jurisdiction over the defendants, a court could stay an action to allow an action to proceed abroad if that would be more appropriate.

Citations:

Ind Summary 14-Aug-1995

Jurisdiction:

England and Wales

Litigation Practice, Costs

Updated: 20 December 2022; Ref: scu.77894

The Republic of Uganda v Rift Valley Railways (Uganda) Ltd: ComC 26 Feb 2021

The Claimant sought under s. 67 Arbitration Act 1996 the setting aside of a decision of the arbitral panel in a London-seated arbitration, together with declarations as to the lack of standing of what it described as the former management of the Defendant company to manage and control that company.

Judges:

Mr Justice Butcher

Citations:

[2021] EWHC 970 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Company, Arbitration

Updated: 20 December 2022; Ref: scu.662349

JJ Wilson (Ipswich) Ltd v Moore (Valuation Officer) (Rating – Alteration of Rating List): UTLC 5 Mar 2021

RATING – alteration of rating list – proposal – validity – whether proposal made on same ground as previous proposal – whether VO estopped from arguing invalidity where no invalidity notice served upon receipt of second proposal – res judicata – application to strike out appeal from the Valuation Tribunal for England – application granted

Citations:

[2021] UKUT 44 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Rating

Updated: 20 December 2022; Ref: scu.662175

One Blackfriars Ltd, Re: ChD 30 Apr 2021

Consequential matters relating to costs and interest arising from main judgment..

Judges:

John Kimbell QC, sitting as a Deputy High Court Judge

Citations:

[2021] EWHC 1150 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Hyde and Another (Liquidators of One Blackfriars Ltd) v Nygate and Another ChD 30-Apr-2021
. .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 20 December 2022; Ref: scu.662410

Tesco Stores Ltd v S (Unfair Dismissal): EAT 1 Apr 2021

UNFAIR DISMISSAL; Reason for dismissal; band of reasonable responses; investigation.
In a claim of unfair dismissal, the reason for dismissal relied upon by the employer in terms of section 98 of the Employment Rights Act, 1996 ‘(ERA’) was ‘conduct’. The evidence suggested that the employer had considered a range of matters all of which related to conduct of the employee. Only some of those matters were ultimately mentioned in the letter to the employee which bore to confirm the reason for his dismissal. In these circumstances, it was incumbent upon the Tribunal to make clear and unequivocal findings in fact about precisely what conduct of the employee caused the employer to dismiss. Within his Reasons, the Employment Judge recorded his conclusion that the Appellant genuinely held a belief that the Claimant ‘was guilty of the conduct for which he was dismissed’. Nowhere in his findings in fact, however, did he identify what that conduct was. In the absence of such a finding, the further conclusion that the employer did not have a reasonable basis for holding that belief could not stand.
In any event, and whatever was the reason for the dismissal, the Employment Judge had, in a number of respects, substituted his own view as to what a reasonable inquiry demanded. The appeal was allowed, and the case remitted to a different Tribunal for re-hearing.
Observed: To the extent that Scottish and Southern Energy plc v. Ness UKEATS/0043/10 held that, in a case of dismissal for conduct, there was no requirement on an employer to investigate wholly speculative matters advanced by an employee as possible mitigation, that was correct. If, however, the decision in Ness was intended to suggest that it would never be unreasonable in terms of section 98(4) ERA for an employer to fail to investigate mitigation, such an approach would be inconsistent with what was said in Sainsbury’s Supermarket Limited v. Hitt [2003] ICR 111.

Citations:

[2021] UKEAT 0040 – 19 – 0104

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 20 December 2022; Ref: scu.661953

Daily Ritual (Trade Mark: Opposition): IPO 10 Oct 2019

Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Distinctive and dominant components
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Imperfect recollection
Sections 5(1), 5(2) and 5(3) Dilution Cases – Reputation
Sections 5(1), 5(2) and 5(3) Dilution Cases – Link
Sections 5(1), 5(2) and 5(3) Dilution Cases – Unfair disadvantage of distinctive character
Revocation / Proof of Use – Dates – genuine use

Citations:

[2019] UKIntelP o61319

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 20 December 2022; Ref: scu.661125