Search Results for: Civil Liability Act 1978

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Cape Distribution Ltd v Cape Intermediate Holdings Plc: QBD 19 Jul 2016

Further judgment Picken J [2016] EWHC 1786 (QB) Bailii Civil Liability (Contribution) Act 1978 England and Wales Citing: Cited – Hanak v Green CA 1958 A builder was sued for his failure to complete the works he had contracted for. The buider sought a set-off against that claim of three of his one claims. One, … Continue reading Cape Distribution Ltd v Cape Intermediate Holdings Plc: QBD 19 Jul 2016

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The Co-Operative Bank Plc v Phillips: ChD 21 Aug 2014

The bank had brought possession proceedings against the defendant under two legal charges securing personal guarantees. The proceedings had been abandoned, but the court now was asked whether costs for the defendant should be on the standard or indemnity basis. The defendant argued that the proceedings had been brought for a collateral purpose and were … Continue reading The Co-Operative Bank Plc v Phillips: ChD 21 Aug 2014

Goldsmith Williams Solicitors v E.Surv Ltd: CA 11 Nov 2015

‘The appeal raises what we were told was an important issue as to the scope of the duty of solicitors instructed on behalf of both the proposed mortgagor and mortgagee of property.’ Patten LJ, Sir Stanley Burnton [2015] EWCA Civ 1147 Bailii Civil Liability (Contribution) Act 1978 England and Wales Professional Negligence Updated: 06 January … Continue reading Goldsmith Williams Solicitors v E.Surv Ltd: CA 11 Nov 2015

The Governor and Company of The Bank of Ireland v Faithful and Gould Ltd: TCC 10 Jul 2014

The bank claimant had successfully recovered a substantial sum from the first defendants, its advisers, after it had lost money in a development. The first defendants now sought a contribution from the second defendant valuers. Edwards-Stuart J [2014] EWHC 2217 (TCC) Bailii Civil Liability (Contribution) Act 1978 Professional Negligence, Damages Updated: 16 December 2021; Ref: … Continue reading The Governor and Company of The Bank of Ireland v Faithful and Gould Ltd: TCC 10 Jul 2014

Cutts v Head and Another: CA 7 Dec 1983

There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983

O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

James, Regina v; Regina v Karimi: CACD 25 Jan 2006

The defendants appealed their convictions for murder, saying that the court had not properly guided the jury on provocation. The court was faced with apparently conflicting decision of the House of Lords (Smith) and the Privy Council (Holley). Held: ‘The rule that this court must always follow a decision of the House of Lords and, … Continue reading James, Regina v; Regina v Karimi: CACD 25 Jan 2006

London Borough of Hackney v Sivanandan and Others: EAT 27 May 2011

EAT RACE DISCRIMINATION – Compensation SEX DISCRIMINATION – Compensation APPEAL Council and a charity both supplied members to a recruitment panel which victimised the Claimant – Tribunal makes a joint and several award, declining to ‘apportion’ liability to the Claimant as between the respondentsHeld, upholding the Tribunal but for different reasons, that both were jointly … Continue reading London Borough of Hackney v Sivanandan and Others: EAT 27 May 2011

Hawley v Luminar Leisure Ltd and others: CA 24 Jan 2006

The claimant was assaulted and severely injured at a night club by a doorman supplied to the club by a third party company now in liquidation. He claimed the club was the ‘temporary deemed employer’ of the doorman. He also sought to claim under the insurance policy of the security company for an ‘accidental bodily … Continue reading Hawley v Luminar Leisure Ltd and others: CA 24 Jan 2006

Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

Country Weddings Ltd v Crossman and Others (Transfer of Undertakings : Consultation and Other Information): EAT 30 Apr 2013

countryweddingsEAT072013 EAT TRANSFER OF UNDERTAKINGS – Consultation and other informationWhere an Employment Tribunal makes orders for compensation in tort against Respondents jointly or jointly and severally, it has no power to apportion liability between the Respondents. The Employment Tribunal can do nothing other than to make an order for joint or joint and several liability, … Continue reading Country Weddings Ltd v Crossman and Others (Transfer of Undertakings : Consultation and Other Information): EAT 30 Apr 2013

E.Surv Ltd v Goldsmith Williams Solicitors: ChD 10 Apr 2014

The claimants had been found liable for mis-valuation of a property. They now sought a contribution from the solicitors acting uunder the mortgage saying that had they acted properly, they would have alerted the lender, and in turn the claimant of circumstances requiring extra care before a loan was made. Held: It was not possible … Continue reading E.Surv Ltd v Goldsmith Williams Solicitors: ChD 10 Apr 2014

Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019

Pritchard Joyce and Hinds (A Firm) v Batcup and Another: CA 5 May 2009

Standard expected of negligence claim on counsel The claimant solicitors sought contributory damages from counsel for failing to advise them of the applicable limitation period in an action they were conducting against other solicitors in negligence. Counsel now appealed saying that the judged had failed to follow his correct own direction in law that ‘the … Continue reading Pritchard Joyce and Hinds (A Firm) v Batcup and Another: CA 5 May 2009

Walton v The Scottish Ministers: SC 17 Oct 2012

The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public … Continue reading Walton v The Scottish Ministers: SC 17 Oct 2012

Matthews v Ministry of Defence: HL 13 Feb 2003

The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act. Held: Human rights law did not create civil rights, but rather voided procedural bars to their enforcement. The issue of what is a substantive and … Continue reading Matthews v Ministry of Defence: HL 13 Feb 2003

Williams v Williams (The Estate of): CA 30 Apr 2013

A child aged three had been injured as a passenger in her mother’s car when it was hit by another negligently driven vehicle. The mother appealed against a finding that she was 25% contributorily negligent in that the child seat used had been inappropriate. Held: The appeal failed. The judge had approached the matter correctly. … Continue reading Williams v Williams (The Estate of): CA 30 Apr 2013

Total Network Sl v Revenue and Customs: HL 12 Mar 2008

The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008

Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

Gladman Commercial Properties v Fisher Hargreaves Proctor and Others: CA 14 Nov 2013

The claimant appealed against the striking out of his claims for fraudulent or negligent misrepresentation as to the suitability for deveopment of two former fire service properties. The court had said that a settlement with co-tortfeasors operated to settle also this matter. Held: The appeal was dismissed. The judge’s conclusion was plainly correct. Longmore, Ryder, … Continue reading Gladman Commercial Properties v Fisher Hargreaves Proctor and Others: CA 14 Nov 2013

Environment Agency v Ellis: CA 17 Oct 2008

The claimant was injured working for the appellants. The appellants now appealed the finding that they were responsible saying that other factors contributed to the injury, and in particular that he had fallen at home. The claimant said that that fall was itself a result of the original injury. Held: An application of the ‘but … Continue reading Environment Agency v Ellis: CA 17 Oct 2008

Nationwide Building Society v Dunlop Haywards (HLl) Ltd (T/A Dunlop Heywood Lorenz) and Cobbetts: ComC 18 Feb 2009

The claimant had leant money on a property fraudulently overvalued by an employee of the now insolvent first defendant. A contribution order had been agreed by the solicitors. The court heard applications by the claimants and the solicitors against the insolvent company. Held: Given the nature and size of the fraud, it was inevitable and … Continue reading Nationwide Building Society v Dunlop Haywards (HLl) Ltd (T/A Dunlop Heywood Lorenz) and Cobbetts: ComC 18 Feb 2009

Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981

No General Liability in Tort for Wrongful Acts The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, but complained that the defendants had continued to make supplies by … Continue reading Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981

Keeley (Widow of Terence Noel James Keeley Deceased) v Pashen and Wren Motor Syndicate 1202 at Lloyd’s: CA 10 Nov 2004

The driver had driven his car at a crowd of people intending to frighten them. Instead one had been killed. The insurers resisted liability saying that the use of the car for this purpose and as it was being used as a taxi, was not use for social domestic or pleasure purposes. Held: The court … Continue reading Keeley (Widow of Terence Noel James Keeley Deceased) v Pashen and Wren Motor Syndicate 1202 at Lloyd’s: CA 10 Nov 2004

Orakpo v Manson Investments Ltd: HL 1977

Transactions were entered into under which loans were made to enable the borrower to acquire and develop certain properties were held to be unenforceable under the 1927 Act. The effect was to enrich the borrower, who had fallen into arrears of payments of interest and moneys due but was successful in his defence that all … Continue reading Orakpo v Manson Investments Ltd: HL 1977

NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

Right to be Forgotten is not absolute The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims were in Data Protection and the common law tort of … Continue reading NT 1 and NT 2 v Google Llc: QBD 13 Apr 2018

McFaddens (A Firm) v Platford: TCC 30 Jan 2009

The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings. Held: The standard of care required was that: ‘the barrister must conduct himself in his professional work with … Continue reading McFaddens (A Firm) v Platford: TCC 30 Jan 2009

Rondel v Worsley: HL 1967

Need for Advocate’s Immunity from Negligence The appellant had obtained the services of the respondent barrister to defend him on a dock brief, and alleged that the respondent had been negligent in the conduct of his defence. Held: The House considered the immunity from suit of barristers acting in court. An advocate should remain immune … Continue reading Rondel v Worsley: HL 1967

Arab Monetary Fund v Hashim; 11 Oct 1994

References: Times 11-Oct-1994 Coram: Chadwick J In cases under the 1978 Act the court does not ask whether, under some rule of English private international law to be found independently of that Act, the contribution claim is to be determined by reference to the 1978 Act. Rather, the court asks whether, under the provisions of … Continue reading Arab Monetary Fund v Hashim; 11 Oct 1994