Search Results for: Damages Act 2003

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Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau: ECJ 4 Dec 2003

ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil liability in respect of motor vehicles – Damage or injury caused by unidentified or insufficiently insured vehicles – Protection of victims – Defective transposition of … Continue reading Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau: ECJ 4 Dec 2003

In re Deep Vein Thrombosis and Air Travel Group Litigation: CA 3 Jul 2003

Passengers on air flights who had suffered deep vein thrombosis through inactivity whilst travelling sought damages. Held: The claim in its nature was for something unrelated to any particular event. The word ‘accident’ necessitated some sort of event, an ‘unexpected or unusual event or happening that is external to the passenger’ and a failure to … Continue reading In re Deep Vein Thrombosis and Air Travel Group Litigation: CA 3 Jul 2003

McKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd): ChD 14 Jan 2003

The claimants purchased a house relying upon a survey by the defendants. Although the defendants reported long standing movement of the property, the defendants failed to report that to be saleable, a long investigation would be required, reducing the value until the result was available. Held: The starting point for measuring damages was the difference … Continue reading McKinnon and another v E Survey Ltd (formerly known as GA Valuation and Survey Ltd): ChD 14 Jan 2003

Weir v Chief Constable of Merseyside Police: CA 29 Jan 2003

An off duty police officer had borrowed a marked police van without permission to help his girlfriend move house. The claimant appeared to be rummaging through his girlfriend’s belongings. The claimant refused to obey officer who was employed by the respondent. He was assaulted, and placed in the rear of a police van. He appealed … Continue reading Weir v Chief Constable of Merseyside Police: CA 29 Jan 2003

Laws and others v The Society of Lloyd’s: CA 19 Dec 2003

The applicants sought to amend earlier pleadings to add a claim that their human rights had been infringed by the 1982 Act, which gave the respondents certain immunities. Held: The Human Rights Act 1998 was not retrospective. At the time when it should have been made, the amendment would have been doomed to failure by … Continue reading Laws and others v The Society of Lloyd’s: CA 19 Dec 2003

Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

EAT Practice and Procedure – Application. The application had been presented timeously at the ET in Edinburgh, but was out of time when retransmitted to Glasgow. The tribunal had found the Edinburgh office to be an area office, and not a regional office and therefore the application was not accepted within the Regulations. The appellant … Continue reading Matheson v Mazars Solutions Ltd: EAT 16 Dec 2003

Lambie v Toffolo Jackson Limited (In Liq) and Another: OHCS 11 Nov 2003

Judges: Lord Macfadyen And Lord President And Lord Kirkwood Citations: [2003] ScotCS 282, 2003 SLT 1415 Links: Bailii Jurisdiction: Scotland Cited by: Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SCS 8-Jan-2010 The claimant sought to challenge the validity of the 2009 Act by judicial review. The Act would make … Continue reading Lambie v Toffolo Jackson Limited (In Liq) and Another: OHCS 11 Nov 2003

Propertycare Ltd v T Gower and others: EAT 14 Nov 2003

EAT Contract of Employment – Definition of employee Judges: His Hon Judge Clark Citations: UKEAT/547/03, [2003] UKEAT 0547 – 03 – 1411 Links: Bailii, EAT Jurisdiction: England and Wales Cited by: See Also – T Gover and others v Propertycare Ltd EAT 22-Nov-2005 EAT Unfair Dismissal – Polkey deduction.The ET had found basic failings in … Continue reading Propertycare Ltd v T Gower and others: EAT 14 Nov 2003

Clotuche v Commission T-339/03: ECFI 25 Nov 2003

(Order) Citations: T-339/03, [2003] EUECJ T-339/03 Links: Bailii Jurisdiction: European Cited by: Order – Clotuche v Commission T-339/03 ECJ 7-Feb-2007 Official’s Reallocation of a Director as Senior Adviser Interest of the Service Equivalence of Employment Reorganization of Eurostat Action for annulment Action for damages . . Lists of cited by and citing cases may be … Continue reading Clotuche v Commission T-339/03: ECFI 25 Nov 2003

Preston and others v Wolverhampton Healthcare NHS Trust and others: EAT 3 Nov 2003

EAT Judge McMullen QC adopted a limited view of the scope of the new principle of stable employment set out at the ECJ and HL. He thought it was intended ‘to rescue employees who do not have a permanent job’; and that it was confined to cases of the kind considered by the ECJ, that … Continue reading Preston and others v Wolverhampton Healthcare NHS Trust and others: EAT 3 Nov 2003

Sterlite Industries (India) Ltd v Bhatia: EAT 27 Mar 2003

The respondent had been found to be unfairly dismissed. The appellants wished to appeal and sought disclosure of certain documents from the respondent’s solicitors. They now appealed against that refusal. Held: The appeal succeeded. The chairman had failed to give adequate reasons for the refusal, and indeed the order should have been made. The papers … Continue reading Sterlite Industries (India) Ltd v Bhatia: EAT 27 Mar 2003

Roadrunner Properties Ltd v Dean and Another: CA 21 Nov 2003

Where an application is made under the 1996 Act, as to the issue of causation of damage, a court can properly take a reasonably robust approach where the damage to the adjoining owner’s property is of the sort one would expect to result from the building owner’s work. Judges: Chadwick LJ Citations: [2003] EWCA Civ … Continue reading Roadrunner Properties Ltd v Dean and Another: CA 21 Nov 2003

Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

The six claimants sought damages for wrongful arrest and false imprisonment. Each had been arrested on an officer’s suspicion. They operated CCTV equipment, and it appeared that tapes showing the commission of an offence had been tampered with. Each was of good character, and the suspicion was based solely on their opportunity to have access … Continue reading Cumming and others v Chief Constable of Northumbria Police: CA 17 Dec 2003

Nadarajah and Amirhanathan v Secretary of State for the Home Department: CA 8 Dec 2003

The Secretary of State’s published policy was that, if legal proceedings were initiated, removal would not be treated as imminent even if it otherwise was. The Secretary of State also had an unpublished policy, namely that information that proceedings were about to be initiated would be disregarded, however credible that information might be. Held: The … Continue reading Nadarajah and Amirhanathan v Secretary of State for the Home Department: CA 8 Dec 2003

Pratt Contractors Limited v Transit New Zealand: PC 1 Dec 2003

PC (New Zealand) The claimant sought damages arising from the defendant’s management of a bidding process. It had submitted the lowest tender, but that had been rejected. The tender document allowed rejection of the lowest bid. Held: The findings of fact justify a conclusion that there was a breach of the express or implied terms … Continue reading Pratt Contractors Limited v Transit New Zealand: PC 1 Dec 2003

Wierciszewska v Poland: ECHR 25 Nov 2003

ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings Citations: 41431/98, [2003] ECHR 612 Links: Bailii Jurisdiction: Human Rights Cited by: Cited – Umek … Continue reading Wierciszewska v Poland: ECHR 25 Nov 2003

McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others: HL 4 Dec 2003

In 2000, the claimant sought damages for sexual abuse from before 1951. The issue was as to whether the limitation law which applied was that as at the date of the incidents, or that which applied as at the date when he would be deemed uner the modern law to have acquired knowledge of the … Continue reading McDonnell v Congregation of Christian Brothers Trustees (Formerly Irish Christian Brothers) and others: HL 4 Dec 2003

Harada Limited (T/A Chequepoint) v Turner: CA 2 Dec 2003

Applications for leave to appeal. The claimant had alleged unfair dismissal. The respondent denied jurisdiction. Judges: Lord Justice Mance, Lord Justice Mummerym Lord Justice Simon Brown Citations: [2003] EWCA Civ 1695 Links: Bailii Statutes: Employment Rights Act 1996 196(2) Jurisdiction: England and Wales Citing: See Also – Harada Ltd v Turner CA 6-Apr-2001 The claimant … Continue reading Harada Limited (T/A Chequepoint) v Turner: CA 2 Dec 2003

Wardlaw v Dr Farrar: CA 27 Nov 2003

The claimant appealed an award of andpound;1,000 damages for the death of his wife for professional negligence. Doctors had differed as to whether the delay complained of had contributed to the death. Held: It was vital now that medical negligence cases were being conducted in the county court that practice as to experts’ disclosure of … Continue reading Wardlaw v Dr Farrar: CA 27 Nov 2003

Cine Bes Filmcilik Ve Yapimcilik and Another v United International Pictures and Others: CA 21 Nov 2003

The parties entered into agreements licensing the exclusive distribution of encrypted television channels within Turkey. A clause provided a calculation of damages for a breach amounting to the balance of licence fees due, and other penalties, including the return of proprietary rights. On a breach the licensors sought to enforce the contract. On an application … Continue reading Cine Bes Filmcilik Ve Yapimcilik and Another v United International Pictures and Others: CA 21 Nov 2003

Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley): HL 13 Nov 2003

The patient was ordered to be discharged and released from hospital. The tribunal making the order had not accepted the medical recommendations. His release was deferred pending the finding of accommodation, but in the meantime, a social worker applied for his re-admission. Held: The approved social worker could not apply in these circumstances unless he … Continue reading Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley): HL 13 Nov 2003

Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order. Held: There was no absolute rule which would allow the order made. The judge had considered that if … Continue reading Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

Margaret Brennan v Bolt Burdon, London Borough of Islington, Leigh Day and Co: QBD 30 Oct 2003

The claimant had sought relief for the injury to her health suffered by condition of her flat. The legal advisers had settled the matter, thinking that the claim had not been timeously served. The defendant appealed an order that the compromise was voidable, being based upon a common mistake of law. Held: ‘Courts should be … Continue reading Margaret Brennan v Bolt Burdon, London Borough of Islington, Leigh Day and Co: QBD 30 Oct 2003

Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003

A driver had crashed through a barrier before a bridge, and descended into the path of a train. Ten people died. He now sought a contribution order against the Secretary of State for the condition of the barrier which was said to be faulty. Held: ‘ . . . in building Little Heck Bridge on … Continue reading Great North Eastern Railway Limited v Hart and Secretary of State for Transport, Local Government and the Regions and Network Rail Infrastructure Limited: QBD 30 Oct 2003

Gene Chandler Laib v Renuka Aravindan (Practicing As HKH Partnership Solicitors) Khurram Mian: QBD 30 Oct 2003

The appellant claimed damages for professional negligence against his former solicitors. His bank had obtained posession of his mortgaged flat. He had requested his solicitors to issue a counterclaim. His action was dismissed on the basis that the possibility of a counterclaim had been lost with the order for possession. Held: There were circumstances where … Continue reading Gene Chandler Laib v Renuka Aravindan (Practicing As HKH Partnership Solicitors) Khurram Mian: QBD 30 Oct 2003

Regina v Bristol Magistrates Court and others ex parte Junttan Oy: HL 23 Oct 2003

The improper use of machinery had resulted in the death of an employee, and the applicant was prosecuted under the 1974 Act, but complained that the prosecution should have been under the Regulations. The directive required member states to apply its regulations in replacement of any earlier legislation. The 1974 Act, it said was therefore … Continue reading Regina v Bristol Magistrates Court and others ex parte Junttan Oy: HL 23 Oct 2003

Pure Fishing (UK) Ltd v Cooper Watkins and Bartle: CA 29 Sep 2003

The claimant sought a compensation payment under the Regulations after its sales agency for fishing tackle was terminated. The defendant argued that compensation was payable only where the agency was terminated before its term. Held: The regulations provided that compensation was payable also where the agency simply expired by effluxion. ‘termination having been given a … Continue reading Pure Fishing (UK) Ltd v Cooper Watkins and Bartle: CA 29 Sep 2003

Amiri Flight Authority v BAE Systems Plc: CA 17 Oct 2003

The appellant had contracted to purchase maintenance from the defendant of aircraft it had also purchased from them. They sought damages for negligence, saying the defendants had failed to prevent a known risk of corrosion. The defendants argued that its contract excluded liability, and under the Act, that clause was not subjected to a test … Continue reading Amiri Flight Authority v BAE Systems Plc: CA 17 Oct 2003

Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003

The claimant had contracted to purchase lead from some of the defendants. There were delays in payment but when funds were made available they should have been repaid. An incorrect bill of lading was presented. The bill certified that the goods had been loaded, but they had not. Held: An inspector certifying the goods should … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003

Sinclair Roche and Temperley (A Firm) v Somatra Ltd (Damages): CA 23 Oct 2003

The ‘Somatra’ was lost at sea. The insurance claim had been refused on the basis that the ship was unseaworthy. The owners came to instruct the appellant solicitors to represent them in the insurance claim. Having lost confidence in the solicitors, they had to change solicitors shortly before the trial, and said they were unable … Continue reading Sinclair Roche and Temperley (A Firm) v Somatra Ltd (Damages): CA 23 Oct 2003

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Meikle v Nottinghamshire County Council: EAT 19 Aug 2003

EAT Disability Discrimination – Less favourable treatment. The appellant brought proceedings against the Respondents alleging that they had failed to make adjustments to her workplace and conditions so as to accommodate her disability, that they had treated her less favourably for reasons relating to her disability; and in the second case presented in 2000 that … Continue reading Meikle v Nottinghamshire County Council: EAT 19 Aug 2003

Downtex v Flatley: CA 2 Oct 2003

The claimants sought damages for defamation and breach of contract. The claimants had purchased a business from the defendant, which contract included a clause requiring the defendant to say nothing damaging about the business. The defendant asserted qualified privilege. The defendant was alleged to have told suppliers, by means of anonymous letters, that they were … Continue reading Downtex v Flatley: CA 2 Oct 2003

Kingston Upon Hull City Council v Dunnachie: EAT 23 Jun 2003

EAT Unfair Dismissal – Procedural fairness/automatically unfair dismissal. Judges: The Honourable Mr Justice Burton (P) Citations: EAT/706/02, [2003] EAT 0706 – 02 – 2306, [2003] UKEAT 0706 – 02 – 2306 Links: Bailii, Bailii, EAT Jurisdiction: England and Wales Citing: See Also – Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson … Continue reading Kingston Upon Hull City Council v Dunnachie: EAT 23 Jun 2003

Light and Others v Ty Europe Ltd: CA 25 Jul 2003

The claimants sought damages under the regulations. They were self employed sales agents. At first they were sub agents but upon the ceasing to trade of the main agents they had acted directly for the principal. Those agencies had been terminated. Held: In addition to the question of whether they were agents within the directive, … Continue reading Light and Others v Ty Europe Ltd: CA 25 Jul 2003

Horbury Building Systems Ltd v Hampden Insurance Nv: ComC 9 Sep 2003

The claimant had installed suspended ceilings in a new cinema complex. They took out insurance with the respondents, and now pursued a declaration as to the liability of the defendants under the policy. They had used the wrong washers, leading to a collapse of one ceiling, and a potential collapse of others. They sought to … Continue reading Horbury Building Systems Ltd v Hampden Insurance Nv: ComC 9 Sep 2003

Sweetman v Nathan and others: CA 25 Jul 2003

The claimant had been engaged with his solicitor in a fraudulent land transaction. He now sought to sue the solicitor for negligence. The solicitor replied that the claimant was unable to rely upon his own unlawful act to make a claim. Held: Although the claimant’s fraud on the bank was a ‘but for’ cause of … Continue reading Sweetman v Nathan and others: CA 25 Jul 2003

Salter v UB Frozen Chilled Foods: OHCS 25 Jul 2003

The pursuer was involved in an accident at work, where his co-worker died. He suffered only psychiatric injury. Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for psychological injury alone. There was no need for him to show any duty toward the claimant to … Continue reading Salter v UB Frozen Chilled Foods: OHCS 25 Jul 2003

Prudential Insurance Company of America v Prudential Assurance Company Ltd: CA 31 Jul 2003

The appellant sought to restrain the use in proceedings in New Zealand and elsewhere of ‘without prejudice’ documents discovered in court proceedings here. Held: It was not sensible to elide the distinction between the two sources of justification of the ‘without prejudice’ rules, namely public policy, and an agreement between the parties. Public policy need … Continue reading Prudential Insurance Company of America v Prudential Assurance Company Ltd: CA 31 Jul 2003

Contract Facilities Ltd v Estate of Rees(dec’d) and others: CA 23 Jul 2003

Where a stay is sought, all the circumstances must be considered. The court must consider whether the appeal would be stifled. One must not only look at the means of the appellant himself but also consider whether the money could be raised from ‘backers or interested persons’. Citations: [2003] EWCA Civ 1191 Links: Bailii Jurisdiction: … Continue reading Contract Facilities Ltd v Estate of Rees(dec’d) and others: CA 23 Jul 2003

Moy v Pettman Smith (A Firm) and Another: CA 25 Mar 2003

Citations: [2003] EWCA Civ 467 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Moy v Pettman Smith (A Firm) CA 19-Jun-2002 The claimant had pursued an action for damages for professional negligence against a hospital treating his broken tibia. He now sought damages after the defendant firm of solicitors acting for him in … Continue reading Moy v Pettman Smith (A Firm) and Another: CA 25 Mar 2003

Sarah Lloyd Jones and others v T Mobile (Uk) Ltd: CA 31 Jul 2003

The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land. Held: Appeal lay here from the County Court on a preliminary decision on the law to the Court of appeal … Continue reading Sarah Lloyd Jones and others v T Mobile (Uk) Ltd: CA 31 Jul 2003

Gray v Avadis: QBD 30 Jul 2003

The claimant had made complaints against the defendant solicitor to the Office for the Supervision of Solicitors. In answer the defendant made assertions about the claimant’s mental health, and she now sought to bring action iin defamation on those statements. The defendant said the statements were protected by absolute privilege. Held: Given the status and … Continue reading Gray v Avadis: QBD 30 Jul 2003

Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust: CA 30 Jul 2003

The claimant sought damages for the circumstances of her having been taken into custody. A magistrate had issued a warrant to require her to be removed to a place of safety. The warrant named a social worker and doctor to accompany the officer. The warrant was executed but the social worker and doctor were not … Continue reading Ward v The Commissioner of Police for the Metropolis and Epsom and St Helier NHS Trust: CA 30 Jul 2003

Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003

The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest was a matter of law or of procedure. Held: The issue of currency … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003

Parker v Parker: ChD 24 Jul 2003

Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time. Held: The applicant was entitled to reasonable notice, but all the circumstances of the present case pointed toward the inference … Continue reading Parker v Parker: ChD 24 Jul 2003

Eagle v Chambers: CA 24 Jul 2003

The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was 60% to blame. Held: Courts have consistently required drivers to recognise … Continue reading Eagle v Chambers: CA 24 Jul 2003

Dunblane Property Limited Anthony Richard Rand, v Motorcare Holdings Limited Motorcare Services Limited,: CA 29 Jul 2003

The claimants sought damages for breach of a share sale agreement. The decision concerned the particular terms of this agreement. Judges: Lord Justice Clarke Lord Justice Sedley The President Citations: [2003] EWCA Civ 1033 Links: Bailii Jurisdiction: England and Wales Company, Contract Updated: 07 June 2022; Ref: scu.184855

Smith v Muscat: CA 10 Jul 2003

The tenant was sued by his landlord for arrears of rent, but sought an equitable set-off for damages for disrepair accruing under the previous landlord. Held: If the entitlement to recover arrears of rent passes from assignor to assignee, and if the amount of that entitlement is reduced or extinguished at common law by money … Continue reading Smith v Muscat: CA 10 Jul 2003

J J Coughlan Ltd v Ruparelia and others: CA 21 Jul 2003

The defendant firm of solicitors had acted in a matter involving a fraud. One partner was involved in the fraud. The claimants sought to recover from the partnership. Held: ‘The issue is not how the transaction ought properly to be described, or whether, without distortion of language, it can be given the label of a … Continue reading J J Coughlan Ltd v Ruparelia and others: CA 21 Jul 2003

Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003

Binks v Securicor Omega Express Ltd: CA 16 Jul 2003

The claimant sought damages for personal injury based upon one version of events. The defendant pleaded another, contrary, set of events and objected when the claimant sought to plead an alternative case to apply if the court found the defendants version of the facts. Held: The alternative set of facts could be pleaded without the … Continue reading Binks v Securicor Omega Express Ltd: CA 16 Jul 2003

B and others v Attorney General and others: PC 16 Jul 2003

(New Zealand) Children were removed from their home. The father was interviewed for suspected child abuse, but no charges were laid. He sought damages in negligence for the way the matter had been handled. Children whose allegations against adopted parents were not investigated also sought damages. Held: The Privy Council upheld the decision of the … Continue reading B and others v Attorney General and others: PC 16 Jul 2003

Okta Crude Oil Refinery A D v Mamidoil-Jetoil Greek Petroleum Company S A and Another: CA 17 Jul 2003

The parties had contracted to allow an exclusive right to deliver oil by tanker and to sell into Macedonia. The defendants claimed they were overborn, and claimed exemption under a force majeure clause. Held: The acts which had made the contracts apparently impossible to be complied with were themselves not entirely outside the control of … Continue reading Okta Crude Oil Refinery A D v Mamidoil-Jetoil Greek Petroleum Company S A and Another: CA 17 Jul 2003

Football Association Premier League Ltd and others v Panini UK Ltd: CA 11 Jul 2003

The respondents published articles including pictures which themselves included the claimant’s logo. The claimant sought damages for breach of copyright. The defendant claimed protection under section 31 on the basis that the inclusion of the marks was incidental. Held: There was no disjunction in principle between the words ‘incidental’ and ‘integral’ within the section. The … Continue reading Football Association Premier League Ltd and others v Panini UK Ltd: CA 11 Jul 2003

Morris v Fife Council: OHCS 4 Jul 2003

The pursuer sought damages from the respondent council for abuse he had suffered whilst in their care as a child. He sought jury trial, the defenders said that was unsuitable, liability being admitted. Held: This was a case which exceptionally should be heard without a jury. The events had occurred many years earlier. The nature … Continue reading Morris v Fife Council: OHCS 4 Jul 2003

Boynton and Another v Willers: CA 3 Jul 2003

The appellants challenged a finding that they were liable for their builders’ bill. Held: Work which had been rejected had not in fact been charged for. The defendant’s appeal on that point failed. The measure of damages for distress and inconvenience could not be said to be wrong. Ezekiel’s case was far more serious. The … Continue reading Boynton and Another v Willers: CA 3 Jul 2003

Goldstein v Levy Gee ( A Firm): ChD 1 Jul 2003

There had been a dispute between shareholders, and the defendant was called upon to value the company. He issued a tender for valuers to value the properties. Complaint was made that the tender was negligent in its description of the basis for valuation. Held: Part of the skills of a chartered accountant, especially one who … Continue reading Goldstein v Levy Gee ( A Firm): ChD 1 Jul 2003

Price v Price (Trading As Poppyland Headware): CA 26 Jun 2003

The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure for applications for extension of time. Held: The lower courts had failed to apply … Continue reading Price v Price (Trading As Poppyland Headware): CA 26 Jun 2003

Bim Kemi Ab v Blackburn Chemicals Ltd: CA 24 Jun 2003

It had been argued by the claimant in written submissions (although not maintained orally) that an order for payment of pre-judgment interest on costs should never be made. As to an award of interest on costs:- ‘In any event in principle there seems no reason why the Court should not do so where a party … Continue reading Bim Kemi Ab v Blackburn Chemicals Ltd: CA 24 Jun 2003

Josephine Murray and others v Greenock Dockyard Limited: SCS 4 Jun 2003

The deceased contracted mesothelioma from exposure to asbestos, and died. He and the pursuer had married in 1959 at 21. They were married over 41 years, and had one child. The marriage had its ups and downs, and for a time during the 1980s was difficult. The deceased was drinking heavily and the pursuer had … Continue reading Josephine Murray and others v Greenock Dockyard Limited: SCS 4 Jun 2003

Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

The claimant Reynolds challenged the differential treatment by age of jobseeker’s allowance. Carson complained that as a foreign resident pensioner, her benefits had not been uprated. The questions in each case were whether the benefit affected a ‘possession’ within the Convention or the discrimination was arbitrary so as to breach the applicants human rights. Held: … Continue reading Carson and Reynolds v Secretary of State for Work and Pensions: CA 17 Jun 2003

Douglas Williams and others v Glyn Owen and Co: CA 11 Jun 2003

Land was sold at auction. The particulars appeared to included valuable milk quota. The vendor was unable to complete, but no completion notice was served. The judge had held that the correct measure of damages was the difference (in financial terms) between what would have happened had a completion notice been served by Mr Williams … Continue reading Douglas Williams and others v Glyn Owen and Co: CA 11 Jun 2003

Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

Linklaters (A Firm) v HSBC Bank Plc and and Banco Popular Espanol: ComC 22 May 2003

A stolen cheque was endorsed in blank, and paid through an account opened for that purpose. It had been crossed ‘A/C PAYEE ONLY’ The cheques was paid in, and the money authorised for payment by HSBC. The banks had to apportion responsibility. The paying bank (HSBC) sought to apply Middle Temple, making the collecting bank … Continue reading Linklaters (A Firm) v HSBC Bank Plc and and Banco Popular Espanol: ComC 22 May 2003

Skidmore v Dartford and Gravesham NHS Trust: HL 22 May 2003

The disciplinary code for doctors employed by the NHS provides different procedures cases involving allegations of ‘professional conduct’ or ‘personal conduct.’ The first would involve a more judicial process, and the second a more informal disciplinary process. The allegations were of having misled others both patients and authorities, and had been treated as personal conduct. … Continue reading Skidmore v Dartford and Gravesham NHS Trust: HL 22 May 2003

Giullietta Galli-Atkinson v Seghal: CA 21 Mar 2003

The claimant’s daughter was fatally injured in car accident, dying shortly after. The mother came upon the scene, witnessed a police cordon at the scene of the accident and was told of her death. She later saw the injuries at the mortuary and suffered psychiatric reaction. Held: Her appeal succeeded. The aftermath could be seen … Continue reading Giullietta Galli-Atkinson v Seghal: CA 21 Mar 2003

Phillips (Widow and Executrix of the Estate of Arthur Phillips, Deceased) v Syndicate 992 Gunner and others: QBD 14 May 2003

Mr Phillips had been employed by a single employer between 1955 and 1957 and then between 1959 and 1970, during which periods he was exposed to asbestos dust. Out of the 13 years of this exposure, the insurers were on risk for 9 years between 1959 and 1968. He came to suffer and die from … Continue reading Phillips (Widow and Executrix of the Estate of Arthur Phillips, Deceased) v Syndicate 992 Gunner and others: QBD 14 May 2003

Croft v Broadstairs and St Peter’s Town Council: CA 15 Apr 2003

The claimant acted as the town clerk. After an unexpected letter about her conduct there were meetings and correspondence. Her initial shock and distress were so exacerbated that she was rendered incapable of work through depression. The triggering factor was not the work she was required to do but receipt of the letter which the … Continue reading Croft v Broadstairs and St Peter’s Town Council: CA 15 Apr 2003

Trafigura Beheer Bv v Golden Stavraetos Maritime Inc: CA 15 May 2003

The owners of cargo claimed damages from the carriers for a cargo of jet oil rejected at the port of destination because of contamination suffered on board. Held: In interpreting the rules, the court must adopt a process of construction which is appropriate to a set of rules agreed internationally and enacted into United Kingdom … Continue reading Trafigura Beheer Bv v Golden Stavraetos Maritime Inc: CA 15 May 2003

Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc: CA 14 May 2003

In each case claims had been late in being served and extensions in time were sought and refused. Held: The recent authorities were examined. The words ‘has been unable to serve’ in CPR 7.6(3)(a) include all cases where the court has failed to serve, including mere oversight. The court’s discretion might then be exercised according … Continue reading Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc: CA 14 May 2003

Adams v Bracknell Forest Borough Council: CA 6 May 2003

The claimant sought damages from the defendant for having failed to diagnose his dysexia, resulting in educational failure. The respondent argued a reasonable peson would have sought help earlier. The council appealed a refusal to strike out of the claim. Held: Given undiagnosed dysexia, it was unlikely that he would seek help. The fact that … Continue reading Adams v Bracknell Forest Borough Council: CA 6 May 2003

Ziemniak v ETPM Deep Sea Ltd: CA 7 May 2003

A seaman was injured taking part in a safety drill aboard ship. The defendant had been found not to be negligent, but the claimant alleged breach of statutory duty under the Regulations. Held: Groves v Wimborne clearly established that parliament was to be taken to have intended to proivide a remedy in damages for breach … Continue reading Ziemniak v ETPM Deep Sea Ltd: CA 7 May 2003

Regina (on the Application of O’Brien, Hickey, Hickey) v Independent Assessor: QBD 16 Apr 2003

The claimants were to be awarded damages for having been wrongly imprisoned for many years. The respondent was to calculate the award. They complained that he had refused to particularise the award to identify and itemise non-pecuniary loss. Held: The failure was inconsistent with the duty of transparency. Without such details, the applicants would have … Continue reading Regina (on the Application of O’Brien, Hickey, Hickey) v Independent Assessor: QBD 16 Apr 2003

Davis Turner and Co Ltd v Granville Oil and Chemicals Ltd: CA 15 Apr 2003

The time bar provision, now found in cl. 28(B) of BIFA, satisfied the requirements of reasonableness under UCTA. Judges: Lord Justice Potter Lord Justice Tuckey Mr Justice Hart Citations: [2003] EWCA Civ 570, [2003] 1All ER (Comm) 819, [2003] 2 Lloyd’s Rep 356 Links: Bailii Statutes: Unfair Contract Terms Act 1977 Jurisdiction: England and Wales … Continue reading Davis Turner and Co Ltd v Granville Oil and Chemicals Ltd: CA 15 Apr 2003

Tesco Stores Limited v Pook, Pook, Universal Projects (UK) Limited: ChD 14 Apr 2003

A trustee in breach of his duty has a duty to disclose that breach. It was alleged that the defendants, including a director of the claimant, had submitted false invoices to the claimants, and purchased property with the resulting profits. Held: Mr Pook owed a duty to disclose the bribes that he had taken. He … Continue reading Tesco Stores Limited v Pook, Pook, Universal Projects (UK) Limited: ChD 14 Apr 2003

Langley and others v Coal Authority: CA 21 Feb 2003

The claimants were owners of properties damaged by landslip. The respondent authority asserted it had the right under the Act to elect to pay compensation rather than to executre works to re-instate the property, and also to limit the amount of compensation. Held: The section allowed the Authority to elect either to pay compensation equal … Continue reading Langley and others v Coal Authority: CA 21 Feb 2003

Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

The claimant sought damages for false imprisonment and assault after her wrongful arrest. She had waived her handbag at an officer investigating a disturbance and been arrested. The police said the arrest was lawful, she being suspected of common assault. Held: The judge was entitled to take the view that, taking the evidence at its … Continue reading Jarrett v Chief Constable of West Midlands Police: CA 14 Feb 2003

Morrison v Chief Constable of the West Midlands Police: CA 17 Feb 2003

The claimant sought damages from the police for the manner of her arrest. At the civil trial, the jury had been undecided, and the court directed the jury as to resolution. The respondents appealed saying that the judge had put too much pressure on the jury. Held: The learned judge should have given a Watson … Continue reading Morrison v Chief Constable of the West Midlands Police: CA 17 Feb 2003

Grady v HM Prison Service: CA 11 Apr 2003

The applicant appealed striking out of her employment claims against the respondent. She had been made bankrupt after lodging her appeal to the EAT, and the EAT had held that she lacked standing to pursue her claim. Held: Employment claims are in their essential nature personal and not proprietary, and did not vest in the … Continue reading Grady v HM Prison Service: CA 11 Apr 2003

Yashin Essa v Laing Ltd: EAT 17 Feb 2003

The claimant appealed against the level of damages awarded on his claim for race discrimination on the basis that he had not shown that his hurt feelings were not shown to have been reasonably forseeable. Held: The tribunal had erred. It was natural and invitable that humiliation and hurt would follow discrimination. The claimant had … Continue reading Yashin Essa v Laing Ltd: EAT 17 Feb 2003

Irvine and others v Talksport Ltd: CA 1 Apr 2003

Mr Irvine brought an action in passing off against the defendants who were said to have used his image in its advertising, but without his consent. The claimant appealed against the damages awarded (andpound;2,000) and the defendant appealed against the finding of liability. Judges: Brooke, Schiemann, Jonathon Parker LJJ Citations: [2003] EWCA Civ 423, [2003] … Continue reading Irvine and others v Talksport Ltd: CA 1 Apr 2003

World Wide Fund for Nature (Formerly World Wildlife Fund), World Wildlife Fund Incorporated v World Wrestling Federation Entertainment Incorporated – Intervener Jakks Pacific Llc: CA 27 Mar 2003

Judges: Lord Justice Peter Gibson, Mr Justice Blackburne Lord Justice Carnwath Citations: [2003] EWCA Civ 401 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Miller v Jackson CA 6-Apr-1977 The activities of a long established cricket club had been found to be a legal nuisance, because of the number of cricket balls landing in … Continue reading World Wide Fund for Nature (Formerly World Wildlife Fund), World Wildlife Fund Incorporated v World Wrestling Federation Entertainment Incorporated – Intervener Jakks Pacific Llc: CA 27 Mar 2003

Williams v Devon County Council: CA 18 Mar 2003

The claimant had recovered damages, but was ordered to pay costs since she had recovered less than was paid in. She appealed. Held: There were anomalies in the system with regard to the recoverable social security benefits. The sums recoverable were not reduced in line with any reduction for contributory negligence, benefits could be recovered … Continue reading Williams v Devon County Council: CA 18 Mar 2003

Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

Keen v Tayside Contracts: OHCS 26 Feb 2003

The claimant sought damages for post traumatic stress disorder. He was a road worker instructed to attend by the defendant immediately after a terrible accident. Held: It was a classic case of nervous shock. He was not a rescuer, and nor had he faced any personal danger, nor been physically injured. The range of people … Continue reading Keen v Tayside Contracts: OHCS 26 Feb 2003

Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003

The Home Secretary appealed a ruling that his implementation of section 55 was unlawful, having been said to be incompatible with human rights law. Held: The way in which the section had been operated, by denying consideration and all benefits to any asylum applicant who did not claim asylum immediately upon entry, was unfair. There … Continue reading Regina (on the Application of Q and others) v Secretary of State for the Home Department: CA 18 Mar 2003

Independiente Ltd and others v Music Trading On-Line (HK) Ltd and others: ChD 13 Mar 2003

The claimants claimed damages for the sale by the defendants in the UK of CD’s manufactured for sale only in the far East. The defendants challenged the right of a claimant phonographic society to have the right to sue on behalf of its members. Held: The right to issue representative actions varies with the nature … Continue reading Independiente Ltd and others v Music Trading On-Line (HK) Ltd and others: ChD 13 Mar 2003