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Louis and Another v Sadiq: CA 12 Nov 1996

There was a two-storey end of terrace house in North London owned by Mr Sadiq and his neighbours, Mr and Mrs Louis. The appellant had commenced substantial works to his house, which caused damage to the party wall. The appellant had not complied . .

Crampton v Nugawela; 23 Dec 1996

References: [1997] Aust Torts Reports 81-416, (1996) 41 NSWLR 176, [1996] NSWSC 651 Links: Austlii Coram: Mahoney ACJ, Handley JA, Giles AJA (Supreme Court of New South Wales) Defamation – Damages – Aggravated and general damages – Economic loss with respect to professional standing – Principles relevant to assessment of damages for defamation – Relationship … Continue reading Crampton v Nugawela; 23 Dec 1996

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

A v B Hospitals NHS Trust: Admn 10 Nov 2006

The claimant baby had suffered catastrophic injuries at birth in the defendant’s hospital. Liability having been admitted, the court now considered whether damages should be paid as a lump sum or by periodical payments. Held: ‘ the form of award which best meets this Claimant’s needs in respect of the provision of future care is … Continue reading A v B Hospitals NHS Trust: Admn 10 Nov 2006

Hopley, Regina (on the Application of) v Liverpool Health Authority and others: Admn 30 Jul 2002

The respondent Health Authority had refused to consent to payment to the claimant of damages for personal injury by periodical payments under a with profits structured settlement made under Section 2 of the 1996 Act. Held: The decision was not amenable to judicial review because the function being performed by the Health Authority, as it … Continue reading Hopley, Regina (on the Application of) v Liverpool Health Authority and others: Admn 30 Jul 2002

Robertson Or Macey-Lillie v Lanarkshire Health Board &C: OHCS 26 May 2000

Economic circumstances have not changed sufficiently yet to alter the rate of three per cent used when calculating damages in personal injury cases. Though the returns on government stocks had fallen the figure of two per cent was not yet appropriate, and lay within the range of returns contemplated when the original figures had been … Continue reading Robertson Or Macey-Lillie v Lanarkshire Health Board &C: OHCS 26 May 2000

Barry v Ablerex Construction (Midlands) Ltd: CA 30 Mar 2001

It was appropriate to reduce the interest discount rate used to calculate damages awards in personal injury cases for future losses, from 3 per cent to 2 per cent. This reflected the general reduction in such interest rates since the Act came into effect. The House of Lords had set down guidelines for the discount … Continue reading Barry v Ablerex Construction (Midlands) Ltd: CA 30 Mar 2001

Warren v Northern General Hospital Trust: CA 10 Apr 2000

It was not open to lower courts to reduce the guideline discount interest rate applied to damages awards to account for future returns. The original figure was set in the Act and by the House of Lords in Wells v Wells. Also the lower rates of interest currently applying are not sufficiently different to justify … Continue reading Warren v Northern General Hospital Trust: CA 10 Apr 2000

Cooke, Sheppard, Page v United Bristol Health Care, Stibbe and Another, Lee: CA 16 Oct 2003

The claimant appealed against his damages award, saying that it should have allowed for the anticipated rises in the cost of providing his care in the future. Held: Rises in future costs were already factored into the tables used for settlements. Attempts to show that rises would be more substantial trended to undermine that system, … Continue reading Cooke, Sheppard, Page v United Bristol Health Care, Stibbe and Another, Lee: CA 16 Oct 2003

Barry v Ablerex Construction (Midlands) Ltd: QBD 22 Mar 2000

After a delay of delay 5 years, the judge deducted two years interest from the award to reflect the plaintiff’s delay. Judges: Latham J Citations: Times 30-Mar-2000, [2000] PIQR Q263 Statutes: Damages Act 1996 Jurisdiction: England and Wales Citing: Applied – Wells v Wells; Thomas v Brighton Health Authority; etc HL 16-Jul-1998 In each of … Continue reading Barry v Ablerex Construction (Midlands) Ltd: QBD 22 Mar 2000

Wells v Wells; Thomas v Brighton Health Authority; etc: HL 16 Jul 1998

In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care. Held: The appeals succeeded. The purpose of an award of damages in tort was to make good to the … Continue reading Wells v Wells; Thomas v Brighton Health Authority; etc: HL 16 Jul 1998

Flora v Wakom (Heathrow) Ltd: CA 28 Jul 2006

The claimant was severely injured and claimed for loss of future earnings and future care. The defendant admitted liability. In the statement of case for damages, the claimant contended that, if the court made an order for periodic payments, it should disapply or modify section 2(8) and provide for the amount of such payments to … Continue reading Flora v Wakom (Heathrow) Ltd: CA 28 Jul 2006

Robertson Or Macey-Lillie v Lanarkshire Health Board andC: OHCS 26 May 2000

References: Times 28-Jun-2000, [2000] ScotCS 136 Links: Bailii, ScotC Coram: Lord Philip Economic circumstances have not changed sufficiently yet to alter the rate of three per cent used when calculating damages in personal injury cases. Though the returns on government stocks had fallen the figure of two per cent was not yet appropriate, and lay … Continue reading Robertson Or Macey-Lillie v Lanarkshire Health Board andC: OHCS 26 May 2000

Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

Ward v Ashkenazi: EAT 22 Mar 2010

EAT UNFAIR DISMISSAL: Compensation The Employment Tribunal found the Respondent unfairly dismissed the Claimant for raising a question about her statutory rights. She had been employed for 10 weeks and was entitled to one month’s notice. It awarded compensation effectively of 7 weeks’ pay. It found she would have been dismissed within that time in … Continue reading Ward v Ashkenazi: EAT 22 Mar 2010

A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident … Continue reading A and B, Regina (on The Application of) v Secretary of State for Health: SC 14 Jun 2017

Pirelli General Plc and others v Gaca: CA 26 Mar 2004

The claimant was awarded damages from his employers, who claimed that the benefits received by the claimant from an insurance policy to which the defendants had contributed should be set off against the claim. Held: McCamley was no longer good law as it applied to insurance policies where the employer had paid the premiums. There … Continue reading Pirelli General Plc and others v Gaca: CA 26 Mar 2004

Oceanbulk Shipping and Trading Sa v TMT Asia Ltd: CA 15 Feb 2010

The parties had settled their disagreement, but now disputed the interpretation of the settlement. The defendant sought to be allowed to give in evidence correspondence leading up to the settlement which had been conducted on a without prejudice basis. Held: The evidence was not admissible. There was no additional class of situation where without prejudice … Continue reading Oceanbulk Shipping and Trading Sa v TMT Asia Ltd: CA 15 Feb 2010

Gerber Garment Technology Inc v Lectra Systems Ltd: ChD 30 Jan 1995

A prior art recital in a Patent application is strong but rebuttable evidence of the state of knowledge. Judges: Jacob J Citations: Ind Summary 30-Jan-1995, [1995] RPC 383 Jurisdiction: England and Wales Cited by: Appeal From – Gerber Garment Technology Inc v Lectra Systems Limited Lectra Systemes SA CA 18-Dec-1996 The plaintiffs claimed damages for … Continue reading Gerber Garment Technology Inc v Lectra Systems Ltd: ChD 30 Jan 1995

Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

The deceased had died in an accident whilst filming in Spain for the defendants. The plaintiff personal representatives sought damages here, while the defendants denied that the court had jurisdiction under the 1968 Convention, and said that the death actually occurred as a consequence of the negligence of his medical treatment in Spain. Judges: Phillips … Continue reading Kinnear and Others v Falconfilms Nv and Others: QBD 27 Jan 1994

Lister and Others v Hesley Hall Ltd: HL 3 May 2001

A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001

Manchester City Council v Pinnock: SC 9 Feb 2011

The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Kennedy v The Charity Commission: SC 26 Mar 2014

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

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

A v British Broadcasting Corporation (Scotland): SC 8 May 2014

Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

New ISG Ltd v Vernon and others: ChD 14 Nov 2007

The claimant sought to continue an interim injunction obtained without notice. The claimant sought to restrain former employees misusing information it claimed they had taken with them. The claimants said that having objected to a transfer of their employments they had not become employees of the claimant. Held: Where an employee did not know the … Continue reading New ISG Ltd v Vernon and others: ChD 14 Nov 2007

Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

Walker v Northumberland County Council: QBD 16 Nov 1994

The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994

Borealis Ab v Geogas Trading Sa: ComC 9 Nov 2010

The parties had contracted for sale and purchase of butane for processing. It was said to have been contaminated. The parties now disputed the effect on damages for breach including on causation, remoteness, mitigation and quantum. Held: The recklessness of the defendant was an intervening act sufficient to affect the chain of causation. Judges: Gross … Continue reading Borealis Ab v Geogas Trading Sa: ComC 9 Nov 2010