Crabtree v Ng: CA 21 Mar 2012

The parties disputed the valuation of shares they held.

Judges:

Lord Neuberger MR, Hallett, Stanley Burnton LJJ

Citations:

[2012] EWCA Civ 333

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Parkinson v Euro Finance Group Ltd 2001
In a dispute between co-owners of company shares, a share was to be valued on the basis of its value ‘ to the co-owner of the Company, and not an open market value’. . .
Cited – CVC/Opportunity Equity Partners Limited and Opportunity Invest II Limited v Luis Roberto Demarco Almeida PC 21-Mar-2002
(Cayman Islands) The respondent was a minority shareholder. An offer was made to buy out his interest. He petitioned for the winding up of the company on the just and equitable ground. The claimants obtained an injunction to prevent him doing so, . .
Lists of cited by and citing cases may be incomplete.

Company

Updated: 20 December 2022; Ref: scu.452195

Fitch v The Official Receiver: CA 15 Nov 1995

Appeals from refusals to rescind bankruptcy orders. The bankrupts had, after lodging their appeals, persuaded the petitioning creditor and several other creditors to support the application. The first bankrupt was acting as agent in negotiations which if successful would generate a commission which would clear the indebtedness.
Held: The court’s rejection of the request had been on an incorrect basis, and the CA must exercise it themselves. The circumstances of the present case were exceptional and they justified the rescission of the bankruptcy order.
‘The statutory discretion is in terms unlimited. The effect of a rule of law to the effect alleged would be to distort the nature of the enquiry upon which the Court ought to embark. That enquiry is whether the circumstances justify the rescission of the bankruptcy order, not whether they are sufficiently close to an informal scheme of arrangement.’

Citations:

[1995] EWCA Civ 59, [1996] 1 WLR 242

Links:

Bailii

Statutes:

Insolvency Act 1986 375(1)

Jurisdiction:

England and Wales

Citing:

Cited – In Re Izod CA 1897
The debtor had presented his own petition and a receiving order was made upon it. An arrangement was later made under which the debtor’s father paid the creditors 10s. in the pound and the creditors released their debts. The creditors withdrew their . .
Cited – In Re A Debtor No 12 of 1970 CA 1970
A bankruptcy petition was presented against the debtor and a receiving order was made upon it. He afterwards assured his creditors that he would pay them in full. The petitioning creditor was content with his assurance, but the other creditors were . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 20 December 2022; Ref: scu.471053

Rycroft, Regina (on The Application of) v The Royal Pharmaceutical Society of Great Britain: Admn 10 Nov 2010

The Claimant challenged by way of judicial review decisions of the Defendant’s Registrar to refer allegations made against the Claimant to the Defendant’s Investigating Committee.

Judges:

Wyn Williams J

Citations:

[2010] EWHC 2832 (Admin), [2011] Med LR 23

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 20 December 2022; Ref: scu.425900

Cooper, Regina v: CACD 20 Sep 2010

The appellant pleaded guilty to manslaughter by reason of diminished responsibility and attempted murder. He was sentenced for manslaughter to imprisonment for public protection pursuant to section 225 of the 2003 Act with a minimum term of 6 years, less time spent on remand, and for attempted murder to a similar sentence with a minimum term of 4 and a half years, less time spent on remand. On both counts a Hospital and Restriction order was made pursuant to section 45A of the Mental Health Act 1983 as amended, directing that the appellant was to remain at Guild Lodge secure accommodation, as opposed to prison. The effect of this order was to make the appellant subject to the restrictions contained within section 41 of the Mental Health Act 1983 concerning his release from hospital, where upon depending upon any prior assessment of the Parole Board he would be returned to prison.

Citations:

[2010] EWCA Crim 2335, [2010] MHLR 240

Links:

Bailii

Statutes:

Mental Health Act 1983 45A, Criminal Justice Act 2003

Jurisdiction:

England and Wales

Criminal Sentencing, Health

Updated: 20 December 2022; Ref: scu.425555

Grand v Gill: CA 19 May 2011

The tenant appealed against an order made in her favour on a finding of breach of covenant by her landlord.

Judges:

Thomas, Lloyd, Rimer LJJ

Citations:

[2011] EWCA Civ 554, [2011] 27 EG 78, [2011] NPC 50, [2011] 1 WLR 2253, [2011] 21 EG 95, [2011] 3 All ER 1043, [2011] HLR 37

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant, Damages

Updated: 20 December 2022; Ref: scu.439869

Whaley v Whaley: CA 24 May 2011

H appealed against an order made in ancillary relief proceedings.

Judges:

Mummery, Black, LJJ, Lewison J

Citations:

[2011] EWCA Civ 617, [2011] 2 FCR 323, [2011] WTLR 1267, [2011] NPC 53, [2012] FLR 735, [2012] 1 FLR 735, [2011] Fam Law 804

Links:

Bailii

Jurisdiction:

England and Wales

Family

Updated: 20 December 2022; Ref: scu.440120

Robert Osborn Clark, And Dame Elizabeth Brandling His Wife, And William Pitt Esq; Son And Heir, And Executor of William Pitt, And Baldwin Pitt Gent, Plaintiffs; Susannah Brownwell And Others, Defendants: 1674

Plea of Purchase for a valuable Consideration, and G.

Citations:

[1674] EngR 67, (1674) Fin H 143, (1674) 23 ER 78 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Family, Contract

Updated: 20 December 2022; Ref: scu.406066

Hertfordshire Oil Storage Ltd v Regina: CACD 16 Mar 2010

Liable Operator was the person noified

The company, a joint venture enterprise, appealed against a refusal to stay prosecutions for various infringements when a fuel depot they were said to control (the Buncefield oil terminal) exploded. The company denied that they were the operator as required within the law.
Held: The operator was the person notifying himself to the authorities as being such, even if it did not have the necessary day to day control of the premises to exert actual control. It had been Total which originally gave such notifications, and it was for the prosecutor to establish that the appellant had given a subsequent modifying notification. A subsequent safety report informally pointed to the appellant, but the authority had not suggested the need to regularise the notification. There was therefore evidence to suggest that the appellant might be the operator, and it should be for a jury to establish the true position. The appeal failed.

Judges:

Hooper LJ

Citations:

[2010] EWCA Crim 493

Statutes:

Health and Safety at Work etc Act 1974 2(1) 3(1), Water Resources Act 1991 85(1), Control of Major Accident Hazards Regulations 1999 4, Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances

Jurisdiction:

England and Wales

Citing:

Cited – Colour Quest Ltd and others v Total Downstream UK Plc and others (Rev 1) ComC 20-Mar-2009
The claim arose when a petrol spillage created a large vapour cloud which exploded causing widespread damage and injury. . .
Lists of cited by and citing cases may be incomplete.

Crime, Health and Safety, Utilities

Updated: 20 December 2022; Ref: scu.402958

Sonmez v Kebabery Wholesale Ltd: CA 22 Oct 2009

How does one apply the general rule that costs follow the event where the defendant in personal injury litigation admits primary liability, but then raises an issue of contributory negligence in which his Part 36 offers are closer than the claimant’s to the eventual apportionment of liability made at the trial?

Judges:

Lord Justice Ward

Citations:

[2009] EWCA Civ 1386

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 20 December 2022; Ref: scu.392504

Mortell, Regina (on The Application of) v Secretary of State for Community and Local Government and Others: CA 29 Oct 2009

Citations:

[2009] EWCA Civ 1274

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Mortell v Secretary of State for Communities and Local Government Admn 12-Dec-2008
The claimant sought to quash a Compulsory purchase order for certain properties in Oldham. . .
Lists of cited by and citing cases may be incomplete.

Land, Local Government

Updated: 20 December 2022; Ref: scu.381651

Global Process Systems Inc and Another v Berhad: CA 17 Dec 2009

An oil rig suffered major damage in transit in rough seas. The insurers repudiated liability saying that the damages was the result of a natural vice rather than perils at sea.
Held: The fact that the sea conditions were within the range of what might be expected did not mean that the court must conclude that the loss was due to an inherent vice. However, in this case there were acknowledged difficulties with the structure, and these had not been addressed. The proximate cause of the loss was an insured peril in the form of the occurrence of a ‘leg breaking wave’, which resulted in the starboard leg breaking off, leading to greater stresses on the remaining legs, which then also broke off.

Judges:

Waller LJ VP, Carnwath LJ, Patten LJ

Citations:

[2009] EWCA Civ 1398, [2010] Lloyd’s Rep IR 221, [2009] 2 CLC 1056, [2010] 1 Lloyd’s Rep 243

Links:

Bailii, Times

Statutes:

Marine Insurance Act 1906 39 40 55

Jurisdiction:

England and Wales

Citing:

Analysed – Mayban General Assurance Bhd, AMI Insurans Bhd, Malaysian International Insurance Bhd, Syarikat Takaful Malaysia Bhd v Alstom Power Plants Ltd, Alstom T and D Ltd QBD 11-May-2004
An electrical transformer was shipped from Ellesmere Port to Rotterdam and there transferred to a container vessel for carriage to Lumut. Severe weather was encountered, but not such as a commercial person would regard as falling outside the range . .
Appeal from – Global Process Sytems Inc and Another v Syarikat Takaful Malaysia Berhad ComC 31-Mar-2009
The Cendor MOPU
The insurance company had refused a claim after the failure of an oil rig, saying that the loss of the rig legs during transit was the inevitable consequence of the voyage, and that since insurance was against risks, not certainties, they were under . .
Cited – NE Neter and Co Ltd v Licenses and General Insurance Co Ltd 1944
A cargo of casks and bags of china clay out-turned damaged, as a result of the stoving in of the casks on a voyage during which there had been heavy weather.
Held: The claim failed. The plaintiffs had not proved that the proximate cause of the . .
Cited – Soya GmbH Mainz Kommanditgesellschaft v White CA 1982
Where insured goods deteriorated during a passage, not because they had been subjected to some external fortuitous accident or casualty, but because of their natural behaviour in the ordinary course of the voyage, then such deterioration amounted to . .
Cited – Soya GmbH Mainz Kommanditgesellschaft v White HL 1983
The cargo, soya beans, was insured against heating, sweating and spontaneous combustion risks. It arrived in a heated and deteriorated condition. The insurers denied liability saying that the proximate cause of the damage was inherent vice or nature . .
Cited – J J Lloyd Instruments Limited v Northern Star Insurance Co Ltd; The Miss Jay Jay CA 1987
The insurers insured against an adverse sea but not against defective manufacture or design. Both were found to be proximate causes of the loss.
Held: The Court of Appeal upheld the first instance judge that the owners could claim under the . .
Cited – J J Lloyd Instruments Ltd v Northern Star Insurance Co Ltd ‘The Miss Jay Jay’ 1985
Mustill J considered liability under a marine insurance where damage was suffered when the sea state was within what might reasonably be anticipated: ‘The cases make it quite plain that if the action of the wind or sea is the immediate cause of the . .

Cited by:

Appeal from – Global Process Systems Inc and Another v Berhad SC 1-Feb-2011
An oil rig (The Cendor MOPU) was being transported from Texas to Malaysia. During the voyage, three of the four legs suffered damage. The insurers refused liability saying that the damage was the result of inherent weaknesses in the rig.
Held: . .
Lists of cited by and citing cases may be incomplete.

Insurance, Transport

Updated: 20 December 2022; Ref: scu.384330

Moustakim, Regina v: CACD 27 Nov 2008

Appeal from conviction of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug of Class A, that is to say cocaine. Challenge to good character direction ‘You know from the officer that the defendant is aged 42 and you know Mrs Lieden and the defendant that she has no convictions in this or any country, she therefore falls to be dealt with by you as a defendant of good character. Now, how does that impact upon her trial?
Well, a defendant of good character is entitled to say that I am as worthy of belief as anyone, so in the first place it goes to the question of whether or not you believe Mrs Moustakim’s account. Secondly, she is entitled to have it argued on her behalf that she is perhaps less likely than a defendant of bad character to have committed this or any criminal offence. Good character is not a defence to a criminal charge. We all start life with a good character, some of us lose it on our way through, and it will be for you to decide what weight is proper to put upon this lady’s good character when you come to consider the evidence which is your principal focus.’
Held: The direction was inadequate. Since the appellant’s character was a central issue in the case this conviction had to be regarded as unsafe.
The direction in the present case was inadequate because:
1. There is no explicit positive direction that the jury should take the appellant’s good character into account in her favour.
2. The judge’s version of the first limb of the direction did not say that her good character supported her credibility. The judge only said that she was entitled to say that she was as worthy of belief as anyone. It went, he said, to the question whether the jury believed her account.
3. The judge’s version of the second limb of the direction did not say that her good character might mean that she was less likely than otherwise might be the case to commit the crime. He said that she was entitled to have it argued that she was perhaps less likely to have committed the crime. The use of the word ‘perhaps’ is a significant dilution of the required direction.
4. In the judge’s direction each limb is expressed as what the defendant is entitled to say or argue, not as it should have been a direction from the judge himself.’

Citations:

[2008] EWCA Crim 3096

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Vye etc CACD 7-Apr-1993
Detailed guidance was given on good character directions, as to how and when they should be given, but: ‘Provided that the judge indicates to the jury the two respects in which good character may be relevant, ie credibility and propensity, this . .
Cited – Regina v Lloyd CACD 2000
The court in Lloyd was concerned with character directions which had been given in the form of questions.
Held: The conviction was unsafe. Good character directions should not be given in the form of a question, they should be given in the . .
Cited – Regina v Zielinski CACD 2007
Though a judge’s good character direction may be deficient the conviction may yet be safe. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 20 December 2022; Ref: scu.406598

Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd Of Nigeria: ComC 31 Jul 2009

Judges:

Teare J

Citations:

[2009] EWHC 1975 (Comm), [2010] 1 Lloyds Rep 183, [2009] 2 CLC 446

Links:

Bailii

Statutes:

Arbitration Act 1996 68 69 70

Jurisdiction:

England and Wales

Cited by:

See Also – Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria ComC 7-Oct-2010
The courts do not approach arbitration awards with a meticulous legal eye endeavouring to pick holes, inconsistencies and faults or with the object of upsetting or frustrating the process of arbitration. . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 20 December 2022; Ref: scu.368649

Re MA and Others (Children): CA 31 Jul 2009

Children appealed against dismissal of their care proceedings on the basis that the threshold had not been reached. The parents resisted.
Held: It could not be said that the decision so plainly wrong that the judge’s conclusion on the facts could be set aside.

Citations:

[2009] EWCA Civ 853, [2010] 1 FLR 431, [2010] 1 FCR 456, [2009] Fam Law 1026

Links:

Bailii

Statutes:

Children Act 1989 31

Jurisdiction:

England and Wales

Citing:

Cited – Humberside County Council v B 1993
The justices had found that a child was likely to suffer significant harm on the basis that there was evidence of such harm as the court should take into account in considering the child’s future.
Held: The finding was upheld. Booth J . .
Cited – In Re KD (A Minor) (Ward: Termination of Access) HL 1988
The local authority sought to terminate parental contact with a child taken into care under a wardship.
Held: The court had to consider the human rights of the parent as against the welfare interest of the child. Lord Oliver of Aylmerton said: . .
Cited – Re L (Care: Threshold Criteria) FD 2007
Toleration of Diverse Parenting Standards
Hedley J considered the meaning of ‘significant harm’: ‘What about the court’s approach . . to the issue of significant harm? In order to understand this concept and the range of harm that it’s intended to encompass, it is right to begin with issues . .
Cited – Re L (Children), (Care Proceedings: Significant Harm) CA 25-Aug-2006
The Court allowed an appeal by parents against a judge’s conclusion that their children had suffered and were likely to suffer significant harm and it remitted the issue for re-hearing. The professional evidence had been that the parents’ . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 20 December 2022; Ref: scu.368597

K, Regina (on The Application of) v Chief Constable of Lancashire Police: CA 24 Jun 2009

K renewed his application for leave to appeal against refusal of judicial review of the decision of his chief constable to dispense with his services.

Citations:

[2009] EWCA Civ 1197

Links:

Bailii

Statutes:

Police (Conduct) Regulations 2004 13

Jurisdiction:

England and Wales

Citing:

Appeal from – Khan, Regina (on the Application of) v Chief Constable of Lancashire Admn 30-Jan-2009
. .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 20 December 2022; Ref: scu.380340