The appellants alleged indirect race and belief discrimination in the conditions of their employment by the respondent. Essop came as lead claimant challenging the tests used for promotion. Statistics showed lower pass rates for BME candidates, but with no explanation of the connection. Naaem was an imam. He began as a part time prison chaplain, … Continue reading Essop and Others v Home Office (UK Border Agency): SC 5 Apr 2017
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The claimant appealed against dismissal of her petition for an order for the defendants to purchase her shares at a fair value, saying that they had acted unfairly toward her. Her co-directors had acquired, for another company of which they were sole directors, a property which might have been bought by the company. Held: The … Continue reading O’Donnell v Shanahan and Another: CA 22 Jul 2009
Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the company, but Saudi law would not recognise such trusts. The shares had been … Continue reading Akers and Others v Samba Financial Group: SC 1 Feb 2017
EAT TRANSFER OF UNDERTAKINGSThe principles and approach which a Tribunal should take where there has been a transfer of one service provider’s activities to two or more transferees, and there is disagreement as to whether an employee’s contract is now to be with the transferor or any of the transferees, considered. The Tribunal had decided … Continue reading Kimberley Group Housing Ltd v Hambley and others (UK) Ltd: EAT 25 Apr 2008
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
EAT Equal Pay Act – Material factor defence – In an equal pay claim involving a presumption of direct discrimination the genuine material factor defence requires justification by objective criteria.The claimant appealed dismissal of her action for equal pay, saying that the ‘material factor’ defence used to justify a different payment had been incorrectly applied. … Continue reading Sharp v Caledonia Group Services Ltd: EAT 1 Nov 2005
A resident of the Netherlands owned shares in a company resident in Belgium and received dividends on those shares. If the dividends had been paid by a company resident in the Netherlands their treatment for income tax in his hands would have been more beneficial, because a limited exemption from income tax applied to dividends … Continue reading Staatssecretaris van Financien v Verkooijen: ECJ 6 Jun 2000
The claimant said that he had been indirectly discriminated against on racial grounds. He was dismissed after being elected as a local councillor for the BNP. The employer considered that for Health and Safety reasons, his dismissal was necessary because of the upset and disturbance his continued employment would create with Asian co-workers and passengers. … Continue reading A C Redfearn v Serco Ltd T/A West Yorkshire Transport Service: EAT 27 Jul 2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions. Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against parties unwilling to grant them. ‘Since a cross-undertaking cannot be imposed, it follows that a fortiori … Continue reading Smithkline Beecham Plc and others v Apotex Europe Ltd and others: PatC 26 Jul 2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
The company sought repayment of excess advance corporation tax payments made under a mistake of law. The question was the extent of the effect of the ruling in Klienwort Benson, in particular whether it covered sums paid as taxation, and how the law of limitation was to be allowed for. Held: Money paid under a … Continue reading Inland Revenue and Another v Deutsche Morgan Grenfell Group Plc: CA 4 Feb 2005
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 requirement that the defendants should not photograph the claimants. Judges: Grigson J Citations: [2004] EWHC 2543 (QB) Links: Bailii … Continue reading University of Oxford and others v Broughton and others: QBD 10 Nov 2004
The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge. Held: The appeal was allowed. The agreement was intended to put the arbitration behind the parties. A commercial contract should be interpreted in … Continue reading Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others: HL 2 Dec 2004
The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have … Continue reading Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
The company went into insolvent liquidation. The secretary of state was to make payments to employees and there were other state preferential creditors. At the same time a refund of VAT was due from the Commissioners of customs and Excise. Held: The sums paid out and preferential debts could be set off against the VAT … Continue reading Secretary of State for Trade and Industry v Frid: HL 13 May 2004
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed by the media. Held: The description of the law at first instance was too wide … Continue reading Allan v Clibbery (1): CA 30 Jan 2002
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not out of town. The parties disputed whether ‘suitable’ meant suitable to the needs for … Continue reading Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012
The defendant worked as a shop assistant. He had persuaded the manager to accept in payment for goods, two cheques which he knew to be stolen. The CA had decided that since the ownership of the goods was transferred on the sale, no appropriation of property belonging to another had taken place. Held: An appropriation … Continue reading Director of Public Prosecutions v Gomez: HL 3 Dec 1992
The court has the power to stay an action which pursued a remedy which was outside the terms of the arbitration agreement determining the dispute. The contract between the parties provided for disputes to be settled by arbitration in Belgium. The plaintiff sought injunctive relief from an English court. The defendant requested a stay. Held: … Continue reading Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd and Others: HL 17 Feb 1993
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina. Held: The issue of such a warrant was a serious step. The court gave guidance on the practice to be followed, but it was not correct for the … Continue reading Energy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court: Admn 22 Jul 2005
The court was asked to strike out parts of a defemation pleading alleging that (i) the Malaysian Prime Minister had acted in a manner intended and/or calculated to interfere with the independent judiciary; (ii) Malaysian judges applied the law of defamation to penalise dissent and stifle freedom of expression; and (iii) the claimants’ insurers only … Continue reading Skrine and Co (a Firm) and others v Euromoney Publications plc and others: QBD 10 Nov 2000
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’. Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only reasonable conclusion’ contradicted that decision. The House set out principles for establishing that decisions … Continue reading Edwards (Inspector of Taxes) v Bairstow: HL 25 Jul 1955
In 1901 Richard Melton and another guaranteed to a Bank his son Arthur’s debts up to andpound;500. Richard died survived by his widow, Arthur and three daughters, giving his real estate to his widow for her life, with remainder to his four children in equal shares. Arthur mortgaged his share of the estate to the … Continue reading In re Melton, Milk v Towers: CA 1918
The nature of the family assets may be taken into account when considering how they are to be divided in ancillary relief proceedings on divorce, where these are businesses which will be crippled or lose much of their value, if disposed of prematurely in order to fund an equal division. Coleridge J said: ‘In the … Continue reading N v N (Financial Provision: Sale of Company): FD 2001
The appellant’s land was to be taken under compulsory purchase by the Council who wished to use it to assist Tesco in the construction of a new supermarket. Tesco promised to help fund restoration of a local listed building. Sainsbury objected an now appealed against the Court of Appeal’s overturning of the orer in its … Continue reading Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v Wolverhampton City Council and Another: SC 12 May 2010
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an abuse. Held: The defendants had a right to a … Continue reading Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development. Held: The appeal failed. Approved strategic development plans and their supplementary guidance are of substantial importance to planning decisions. A planning obligation may be entered … Continue reading Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited: SC 25 Oct 2017
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report failed to allow for established guidance on the topic, leading to the … Continue reading HB v PB: FD 9 Jul 2013
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the tie agreement was unlawful, because the company sold beer to non-tied … Continue reading Courage Ltd and Crehan v Crehan and Courage Ltd and Others: ECJ 20 Sep 2001
The plaintiff had written long term (tail) insurance. The defendant came to re-insure it. On a dispute there were shown greater losses than had been disclosed, and that this had been known to the Plaintiff. Held: ‘material circumstance’ which would require disclosure under the Act are such circumstances as would affect an insurer’s mind. Did … Continue reading Pan Atlantic Insurance Co Ltd and Another v Pine Top Insurance Co Ltd: HL 27 Jul 1994
Limitation of Loss from Negligent Mis-statement The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares. Held: The duties of an auditor are founded in contract and the extent of the duties … Continue reading Caparo Industries Plc v Dickman and others: HL 8 Feb 1990
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks. Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a reasonable diet, without assistance. It is a notional test, a thought-experiment, to calibrate … Continue reading Moyna v Secretary of State for Work and Pensions: HL 31 Jul 2003
The court identified the need to give an autonomous meaning to the phrase ‘supply of goods’ in article 5(1) of the Sixth Directive as follows: ‘ . . .. it is clear from the wording of that provision that ‘supply of goods’ does not refer to the transfer of ownership in accordance with the provisions … Continue reading Auto Lease Holland BV v Bundesamt fur Finanzen: ECJ 6 Feb 2003
The turn-out at the creditors meeting was low in number (35 out of 971) but creditors with claims worth about 41% of the total value attended the meeting. Held: Neuberger J said: ‘It is true that the numbers of those who voted was pretty small compared to the number of those entitled to vote, but … Continue reading In re Osiris Insurance Ltd: ChD 1991
The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for want of jurisdiction, because it had not been ancillary to any proceedings which had even been formulated … Continue reading Fourie v Le Roux and others: HL 24 Jan 2007
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was anti-competitive, and that the individual exemption from the EC Treaty obligations which … Continue reading Crehan v Inntrepreneur Pub Company (CPC): CA 21 May 2004
Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
Liability in Damages on Statute Breach to be Clear Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise … Continue reading X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc: HL 29 Jun 1995
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. Proceedings were also begun in England, and the original Canadian claimant now appealed a … Continue reading OT Africa Line Ltd v Magic Sportswear Corporation and others: CA 13 Jun 2005
Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000
The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed and emailed and delivered by hand at the registered offices of the company and at the private … Continue reading BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003
Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties. Issue I: does EU law require the tax credit to be set by reference to the overseas tax actually paid, as … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017
Consultation to be Early and Real Listening The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were in need of … Continue reading Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor: CA 16 Jul 1999
The court was asked whether the appellant, Airtours Holidays Transport Ltd (formerly MyTravel Group plc), was entitled to recover, by way of input tax VAT charged by PricewaterhouseCoopers LLP in respect of services provided by PwC and paid for by Airtours. Held: The appeal was dismissed (Clarke and Carnwath LL dissenting) For the VAT to … Continue reading Airtours Holidays Transport Ltd v Revenue and Customs: SC 11 May 2016
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be homosexual. A declaration was sought as to the legality of the proposed decision. Held: A … Continue reading Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011
An unsophisticated lender running the business of a car mechanic wanted to lend money to borrowers on the security of real property owned by an associate of the borrowers. The borrowers instructed the defendant solicitors to give effect to this transaction. He was aware that the lender was not represented. The deeds were later purported … Continue reading Dean v Allin and Watts (a Firm): CA 23 May 2001
The claimants, two solicitors and their employer firm sought damages alleging trespass and malicious procurement by police officers in obtaining and executing search warrants against the firm in 2007 when they were investigating suspected offences of money laundering. Clients of the firm had been arrested and convicted of drug dealing related offences. The firm was … Continue reading Fitzpatrick and Others v The Commissioner of Police of The Metropolis: QBD 11 Jan 2012
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations. Held: The orders could not stand. Such orders were made by the executive without parliamentary scrutiny by the use of Orders in Council. Statutory provision for counter-terrorism was in … Continue reading HM Treasury v Ahmed and Others: SC 27 Jan 2010
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001
The claimants founded their action on the assertion that the defendants had been corrupt in obtaining contracts in India. The defendants argued that the English courts had no jurisdiction. The claimants held various small shareholdings in a company used as a vehicle for paying bribes, and sought return of the money paid. It was a … Continue reading Konamaneni v Rolls Royce Industrial Power (India) Limited: ChD 20 Dec 2001
Family Case: Costs Security depends on Case Merits Application for security for costs in family cases. Held: In contrast to civil cases generally, in a family case the merits of the application and the strength of the defence necessarily have to be carefully considered. It is only by considering the merits that a view can … Continue reading MG v AR: FD 16 Nov 2021
FTTTx Income Tax; PAYE Determinations; National Insurance Contributions Decisions; bonus; effect of reference in accounts to fish stocks; whether paper transaction; whether contingent liability or accrual; Time Bar; deliberate conduct; whether liability excluded by agreement and/or undertaking; Taxpayer struck off Register of Companies and subsequently restored to the Register; effect of restoration; Income Tax (Pay … Continue reading Spring Salmon and Seafood Ltd v Revenue and Customs: FTTTx 11 Sep 2014
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought payment of the cost of the credit agreement. Held: A negligent driver … Continue reading Lagden v O’Connor: HL 4 Dec 2003
ECHR Article 6 Civil proceedings Article 6-1 Fair hearing Legislative interference in pending judicial proceedings through retroactive legislation: violation Article 1 of Protocol No. 1 Article 1 para. 2 of Protocol No. 1 Control of the use of property Legislative interference with property right through retroactive legislation aimed at decreasing public expenditure: no violation Facts … Continue reading Azienda Agricola Silverfunghi Sas v Italy: ECHR 24 Jun 2014
GPM had acquired an internet domain name ‘citigroup.co.uk’. Citigroup alleged passing off and trade mark infringement. The claimant complained of an unjustified threat. The defendant counterclaimed, and sought summary judgment. Held: The claimants registered the domain name on the very day that the merger creating the defendant happened. The reputation to be protected was in … Continue reading Global Projects Management Ltd v Citigroup Inc and Others: ChD 17 Oct 2005
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company. Held: A company director has additional, fiduciary duties over and above those of an employee. The duties … Continue reading Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd: CA 30 Sep 2004
The claimant newspapers complained of the spidering of the web-sites and redistribution of the materials collected by the defendants to its subscribers. The defendants including the Public Relations Consultants Association (PRCA) denied that they needed a licence for the purpose. Held: The members of PRCA required licences from the claimants in order lawfully to receive … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: ChD 26 Nov 2010
The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011
A petition had been lodged alleging unfair prejudice in the conduct of the company’s affairs. The defendants alleged that when applying for relief under section 459, the claimants had attempted to pervert the course of justice by producing forged or falsified documentation in discovery. The forgery was admitted. Held: If a party to litigation behaved … Continue reading Arrow Nominees Inc and Another v Blackledge and Others: CA 22 Jun 2000
The claimant appealed against reduction of the sum awarded on his claim for a quantum meruit after helping to facilitate a very substantial business deal for the defendants. Held: The correct approach to the amount to be paid by way of a quantum meruit where there is no valid and subsisting contract between the parties, … Continue reading Benedetti v Sawiris and Others: SC 17 Jul 2013
The appellant challenged reversal by the EAT of a finding that it had not unlawfully victimised the respondents for the making of a protected disclosure. The claimant had reported a co-worker exaggerating his qualifications. After repeated investigations, the employer decided that the apology from the employee was enough. When the claimant persisted the employee who … Continue reading NHS Manchester v Fecitt and Others: CA 25 Oct 2011
Local Council may not Sue in Defamation Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which supported the decision to lay down the … Continue reading Derbyshire County Council v Times Newspapers Ltd and Others: HL 18 Feb 1993
The claimants sought judicial review of the report prepared by the defendants under which departments providing childrens’ heart surgery at their regional hospital would close. They complained that the consultation had been inadequate and flawed. Held: Review was granted. The respondent had failed to disclose necessary elements of the decision making progress so that the … Continue reading Save Our Surgery Ltd, Regina (on The Application of) v Joint Committee of Primary Care Trusts: Admn 7 Mar 2013
Principles for Proprietary Estoppel A developer claimed to have agreed that upon obtaining necessary planning permissions for land belonging to the respondents, he would purchase the land at a price reflecting its new value. The defendant denied that any legally enforceable agreement existed. Claims were made for a constructive trust, proprietary estoppel and restitution. Held: … Continue reading Cobbe v Yeomans Row Management Ltd and Others: ChD 25 Feb 2005
Discrimination – History of interactions relevant When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality of the evidence on any material … Continue reading Dr Anya v University of Oxford and Another: CA 22 Mar 2001
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014
amnesty_ahmedEAT2009 EAT RACE DISCRIMINATION – Direct discriminationRACE DISCRIMINATION – Indirect discriminationRACE DISCRIMINATION – Protected by s. 41UNFAIR DISMISSAL – Constructive dismissalClaimant, of (northern) Sudanese ethnic origin, applied for promotion to role of ‘Sudan researcher’ for Amnesty International – Not appointed because Amnesty believed that the appointment of a person of her ethnic origin would compromise … Continue reading Amnesty International v Ahmed: EAT 13 Aug 2009
The claimants’ nursing home business had been effectively destroyed by the actions of the Authority which had applied to revoke their licence without them being given notice and opportunity to reply. They succeeded on appeal, but the business was by then ruined. The authority was criticised scathingly. The Authority replied that no allegation of bad … Continue reading Trent Strategic Health Authority v Jain and Another: HL 21 Jan 2009
EAT VICTIMISATION DISCRIMINATION – Protected disclosureS.47B of the Employment Rights Act 1996 provides that ‘A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on the ground that the worker has made a protected disclosure.’In cases where a Claimant has … Continue reading Fecitt and Others v NHS Manchester: EAT 23 Nov 2010
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial property. Held: The two Acts gave no indication that either was to take … Continue reading H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, to testify should their identities be disclosed. He now said that … Continue reading Regina v Davis: HL 18 Jun 2008
The parties were apartment owners in a development, each owning shares in the management company. They disputed the interpreation of the Articles as to whether the owner of more than one apartment was still restricted to one vote at member meetings, or had a number of votes equal to the number of apartments. The articles … Continue reading Sugarman and Others v CJS Investments Llp and Others: CA 19 Sep 2014
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008
The claimant asserted that the other shareholders had acted in a manner unfairly prejudicial to her within the company. Held: The claimant was allowed to bring in without prejudice correspondence to contradict evidence by the defendant which amounted to an implied waiver of the rule. Considering the evidence some elements of unfair prejudice had been … Continue reading Kohli v Lit and Others: ChD 13 Nov 2009
Common Law – Public Nuisance – Extent The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a joke. The envelope had leaked causing a terrorist … Continue reading Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005
Will Drafter liable in Negligence to Beneficiary A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise outside the terms of the retainer or where there is … Continue reading White and Another v Jones and Another: HL 16 Feb 1995
