UTLC COMPENSATION – Compulsory Purchase – site in Salford – CPO as part of wider scheme – planning permissions – methods of valuation – residual method preferred – profits of development claim rejected in addition to market value – basic loss and other costs – compensation awarded at andpound;321,702.61 – Section 5, Land Compensation Act … Continue reading Michael v Salford City Council: UTLC 6 Sep 2016
UTLC COMPENSATION – Compulsory Purchase – acquiring authority exercising option to purchase – purchase price determined by expert appointed under option agreement – land then vested by use of compulsory powers – reference for compensation – application to strike out – whether Tribunal has jurisdiction to determine compensation – section 1, Land Compensation Act 1961 … Continue reading Phoenix Developments (Jpj) Ltd v Lancashire County Council: UTLC 26 Jan 2016
UTLC COMPENSATION – compulsory purchase – land acquired pursuant to a s.106 Agreement connected with major development of offices and park on reclaimed land – whether special value (if any) to developer to be left out of account under Pointe Gourde – estoppel – planning status – ransom value – hope value – disturbance – … Continue reading Hall v London Borough of Hillingdon: UTLC 17 Nov 2015
UTLC COMPENSATION – planning permission – certificate of appropriate alternative development – section 17 application for ‘full open market residential’ – section 18 appeal against a nil certificate – development plan – imminent revocation of saved structure plan policies at relevant valuation date – emerging local plan policies – material considerations – National Planning Policy … Continue reading Tescan Ltd v Cornwall Council: UTLC 3 Nov 2014
UTLC COMPENSATION – planning permission – compulsory acquisition of land required for local employment regeneration site – appeals against certificates of appropriate alternative development – appeals upheld in part – Land Compensation Act 1961, s18 [2014] UKUT 413 (LC) Bailii England and Wales Planning Updated: 04 January 2022; Ref: scu.552340
UTLC COMPENSATION – COSTS – temporary possession under Crossrail Act 2008 – whether Tribunal has power to award costs in reference – s.4, Land Compensation Act 1961 – rule 10, Tribunal Procedure (Upper Tribunal)(Lands Chamber) Rules 2010 [2015] UKUT 356 (LC) Bailii England and Wales Land Updated: 02 January 2022; Ref: scu.549872
UTLC COMPENSATION – compulsory acquisition of land and commercial buildings in connection with the London Olympics 2012 – disturbance – loss of profits – increased costs of replacement premises – value for money – other temporary losses – directors’ time – pre-reference costs – Land Compensation Act 1961 section 5, Rule (6) – Compensation andpound;360,596 … Continue reading Kendon Packaging Ltd v Greater London Authority: UTLC 1 Jul 2015
UTLC COMPENSATION – Compulsory purchase of 0.49 acre waste transfer station required pursuant to the London 2012 Olympic Park development – disturbance – loss of opportunity to expand business – temporary loss of profits – additional costs of new site not providing value for money – increased costs due to temporary relocation – professional fees … Continue reading G and B Compressor Hire Ltd v The Greater London Authority: UTLC 18 May 2015
UTLC COMPENSATION – Planning permission – Compulsory acquisition of land for village by-pass scheme – development potential – APPEAL under s.18 of the Land Compensation Act 1961 against a negative certificate issued pursuant to an application for a Certificate of Appropriate Alternative Development under s.17 of the Act – Appeal allowed [2014] UKUT 435 (LC) … Continue reading Edwards v Rhondda Cynon Taff County Borough Council: UTLC 14 Oct 2014
UTLC COMPENSATION – compulsory purchase – house in clearance area for new academy – valuation – Land Compensation Act 1961 section 5 – compensation determined at andpound;117,300 [2014] UKUT 421 (LC) Bailii England and Wales Land Updated: 22 December 2021; Ref: scu.537508
Where a certificate of appropriate development was issued for land to be acquired compulsorily, the land was to be valued at the date of the proposal to acquire it compulsorily allowing a discount for any damage to the value incurred by the long expectation of that particular proposal and its consequences and not by reference … Continue reading Newell and others v Secretary of State for the Environment and Another; Fletcher Estates (Harlescott) Ltd v Secretary of State for the Environment and Another: HL 17 Feb 2000
COMPENSATION – Compulsory Purchase – Acquisition of 0.67 acre waste transfer station in connection with the London 2012 Olympic Park development – valuation – rental value – treatment of tenant’s payment on entry into lease – Land Compensation Act 1961 section 5, rule (2) – compensation determined at 1,475,000 pounds [2014] UKUT 219 (LC) Bailii … Continue reading Econometric Ltd and Others v Greater London Authority: UTLC 22 May 2014
UTLC COMPENSATION – Compulsory purchase of 1.1 acre waste transfer site -planning assumptions – valuation – disturbance – extinguishment of business – pre-possession ‘shadow period’ losses – management time – re-investment costs – Land Compensation Act 1961 section 5 rules (2) and (6), sections 14(3) and 16(3) and section 10A – compensation determined at andpound;2,580,747 … Continue reading Halpern and Others v Greater London Authority: UTLC 18 Mar 2014
COMPULSORY PURCHASE – COMPENSATION – office building acquired as part of comprehensive redevelopment of Salford City Centre – rule 2 value in no scheme world – s.5, Land Compensation Act 1961 – Compensation determined at pounds 5,597,500 [2021] UKUT 269 (LC) Bailii England and Wales Land Updated: 30 November 2021; Ref: scu.669251
UTLC COMPENSATION – compulsory purchase – land in agricultural use acquired as part of major 420 acre strategic business park development – planning assumptions under ss 14-17 of the Land Compensation Act 1961 – whether permission to be assumed on basis that land ‘allocated’ in development plan – whether planning permission to be assumed under … Continue reading JS Bloor (Wilmslow) Ltd v Homes and Communities Agency: UTLC 1 Jul 2013
UTLC COMPENSATION – compulsory purchase – preliminary issue – freehold and long leasehold interests subject to occupational leases – whether value of interests to be assessed on assumption that terms of leases were as they would have been if no proposal to acquire – held they should not – Land Compensation Act 1961 ss 5 … Continue reading GPE (Hanover Square) Ltd v Transport for London: UTLC 28 May 2013
Land was to be compulsorily purchased. A large development required the land to be used to create a nature reserve. The question was how and if at all the value of the overall scheme should be considered when assessing the compensation for this plot. Held: ‘All that was necessary, since it was clear that the … Continue reading Waters and others v Welsh Development Agency: HL 29 Apr 2004
UTLC COMPENSATION – compulsory purchase – open storage land acquired as part of Morrisons foodstore – whether Case 2 of First Schedule to Land Compensation Act 1961 applies where other land not developed in accordance with current development plan – whether demand for foodstore existed – whether land required for foodstore would have been made … Continue reading Graham v The Council of The City of Newcastle Upon Tyne: UTLC 20 Jan 2010
Compulsory Purchase Compensation – Land As it Is The House considered the basis of calculation of compensation on the compulsory purchase of land without planning permission, but where permission would probably be granted. The appellant challenged the decision which had treated the probability as equal to certainty. Held: The appeal succeeded. The land should not … Continue reading Transport for London (London Underground Ltd) v Spirerose Ltd: HL 30 Jul 2009
LT COMPENSATION – compulsory purchase – acquisition of land adjoining highway for improvement of junction and to provide access to housing land – proposed link road to proposed bypass – scheme underlying the . .
‘Where land is acquired compulsorily, compensation is assessed on the basis of a hypothetical sale in the open market. The legislation requires that hypothetical sale to be assessed on the basis of certain counter-factual assumptions; in particular . .
The claimant’s land was subject to a compulsory purchase order to make land available for a scheme to make possible a much larger and more valuable scheme. He asserted that the compensation should be calculated in accordance with the value of the . .
Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act. Held: The appeal failed. The court was asked whether Burnside v … Continue reading Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been stated and often restated that if the wrong is established the wrongdoer … Continue reading Bourhill v Young’s Executor: HL 5 Aug 1942
The plaintiff sought damages following the death of her husband when working for the defendants. He had died on 5 September 1967 but the writ was not issued until Monday 7 September 1970. The applicable limitation period was 3 years, which the defendants relied upon. The plaintiff argued that since the writ could not be … Continue reading Pritam Kaur v S Russell and Sons Ltd: QBD 1 Jun 1972
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996
The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the … Continue reading Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993
The defamation claimant sought that certain paragraphs of the defence should be struck out. Held: Several paragraphs of the defence were struck out, and others left. Judges: Tugendhat J Citations: [2011] EWHC 272 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Lucas-Box v News Group Newspapers Ltd; Polly Peck (Holdings) Plc v Trelford, … Continue reading Hunt v Evening Standard Ltd: QBD 18 Feb 2011
Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978
Where a defendant in a defamation action sought to reduce the damages payable by arguing that the claimant had a reduced or damaged reputation, he could include evidence about particular facts only where these were directly connected to the background circumstances which led to the offending publication. General evidence was admissible, but particular evidence of … Continue reading Burstein v Times Newspapers Ltd: CA 20 Dec 2000
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit. Held: The issue of deductibility where the claim is for loss of pension cannot be properly answered without a clear understanding of the nature of the loss … Continue reading Longden v British Coal Corporation: HL 13 Mar 1997
The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents. Held: The claimants’ appeal failed. The definition of accident in Fenton required adjustment in this context: for Convention purposes the ‘loss or hurt’ cannot itself be the … Continue reading Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship. Held: The court can not take into account the post-contractual conduct or statements of the parties in order to determine the meaning and effect of the contract. … Continue reading F L Schuler AG v Wickman Machine Tools Sales Limited: HL 4 Apr 1973
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others … Continue reading Barker v Corus (UK) Plc: HL 3 May 2006
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 plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide dunnage, failure to secure the coils and/or stacking them so that the bottom layers were excessively compressed. The House was asked to depart from an interpretation of the rules which had stood and been applied for more … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (“The Jordan II”): HL 25 Nov 2004
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU. Held: The stay was lifted. Judges: Lady Hale, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales … Continue reading Micula and Others v Romania: SC 19 Feb 2020
Land had been compulsorily acquired for a road. The plaintiff was granted on appeal under section 18 of the 1961 Act a certificate of appropriate alternative development in respect of the land acquired, namely that the land acquired would have been suitable for residential development. Held: On a valuation on a compulsory purchase of land, … Continue reading Porter v Secretary of State for Transport: CA 1996
Taxability of compensation paid on compromise of claims after dismissal. The employer introduced new terms, withdrawing car benefits. Having refused the new terms the taxpayer was dismissed. A tribunal held him unfairly dismissed. The council re-instated him and others and made a compensatory payment. The Revenue contended that the re-instatement made the payment taxable. Held: … Continue reading Wilson (HM Inspector of Taxes) v Clayton: ChD 29 Apr 2004
The parties disputed the validity of a clause in a car hire contract relating to the consequences of a breach. Held: (Majority) The agreement had been terminated by breach rather than by the exercise of an option, so that the stipulated payment could be, and in fact was, a penalty. Lord Morton said that had … Continue reading Campbell Discount Company Ltd v Bridge: HL 1962
The Council had compulsorily acquired land for highway improvement. It was within an area scheduled for residential development. Outline permission for development of neighbouring land had been granted but the development could not proceed until the road improvements, including the construction of a roundabout, had been carried out. The compulsorily acquired plot was the site … Continue reading Batchelor v Kent County Council: CA 1989
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant appealed against refusal of an award under the 1976 Act. The judge had decided that it was not part … Continue reading Corr v IBC Vehicles Ltd: CA 31 Mar 2006
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
Hot Air balloon was an aircraft: damages limited The claimant was injured flying in the defendant’s hot air balloon. The defendant said that the journey was covered by the 1967 Regulations and the damages limited accordingly. The claimant appealed against a decision that the balloon was an aircraft. Held: The appeal was dismissed. There was … Continue reading Laroche v Spirit of Adventure (UK) Ltd: CA 21 Jan 2009
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
Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
The claimants claimed to have suffered deep vein thrombosis having been sat in cramped conditions for long periods whilst travelling by air. They sought compensation, saying that the failure by the airlines to warn them and take steps to minimise the dangers was culpable. Under the Convention they had to establish that the injuries constituted … Continue reading In re Deep Vein Thrombosis and Air Travel Group Litigation: QBD 20 Dec 2002
The claimant had been employed by the MOD. He was summarily dismissed for gross misconduct, and he was then placed on the list of persons unsuitable for work with children. He succeeded at the Tribunal in a claim for unfair and wrongful dismissal. The employer had failed to follow the contractual procedure, and the dismissal … Continue reading Botham v The Ministry of Defence: QBD 26 Mar 2010
A shopkeeper displayed a flick-knife in his window for sale. A price was also displayed. He was charged with offering it for sale, an offence under the Act. The words ‘offer for sale’ were not defined in the Act, and therefore the magistrates construed them as under the general law of contract, in which case … Continue reading Fisher v Bell: QBD 10 Nov 1960
The landowner practised from property in Harrow. The former garden had now for many years been used as a forecourt open to the highway, for parking cars of staff and clients. Cars crossed the footpath to gain access, and backing out into the road when leaving. That use was recognised as lawful under planning law. … Continue reading Cusack v London Borough of Harrow: SC 19 Jun 2013
The House looked at how personal injury damages shoud be set in cases of severe injury.Lord Pearce said: ‘[i]f a plaintiff has lost a leg, the court approaches the matter on the basis that he has suffered a serious physical deprivation no matter what his condition or temperament or state of mind may be’. And: … Continue reading Shephard v H West and Son Ltd: HL 27 May 1963
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004
No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998
The claimants wished to make employment law claims alleging, inter alia, that they had suffered racial discrimination and harassment, and had been paid less than the national minimum wage aganst the respondents. They had been assessed as having been subject to human trafficking. They appealed against dismissal of their claims under section 31 the 1964 … Continue reading Reyes and Another v Al-Malki and Another: CA 5 Feb 2015
The land-owner had planning permission to erect a barn, conditional on its use for agricultural purposes. He built inside it a house and lived there from 2002. In 2006. He then applied for a certificate of lawful use. The inspector allowed it, and the Council appealed. The Council now also argued that parliament could not … Continue reading Secretary of State for Communities and Local Government and Another v Welwyn Hatfield Borough Council: SC 6 Apr 2011
The defendant hospital had custody of sperm samples given by the claimants in the course of fertility treatment. The samples were effectively destroyed when the fridge malfunctioned. Each claimant was undergoing chemotherapy which would prevent them providing future samples. They appealed a finding that they they had no losses, based on the suggestion that the … Continue reading Yearworth and others v North Bristol NHS Trust: CA 4 Feb 2009
The plaintiff complained of an article written in the Daily Mail which included the reporting of a report of a Parliamentary select committee. The reporting of the select committee’s report was privileged under the Parliamentary Papers Act 1840. At trial the judge held that the part of the article which reported on the proceedings in … Continue reading Dingle v Associated Newspapers: HL 1964
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form of an express and immediate dismissal automatically terminate the contract?’ Held: Mr … Continue reading Societe Generale, London Branch v Geys: SC 19 Dec 2012
A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs’ shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting in a hypoglycaemic state in which the brain was starved of glucose and so was … Continue reading Mansfield and Another v Weetabix Limited and Another: CA 26 Mar 1997
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when a conveyance into joint names indicates only that each party … Continue reading Stack v Dowden: HL 25 Apr 2007
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the restriction on compensation under the 1983 Act contravened the ECHR. Held: The detention was … Continue reading TTM v London Borough of Hackney and Others: CA 14 Jan 2011
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because undisclosed covenants variously restricted future development of the land. Held: The standard solicitor’s undertaking to … Continue reading Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co: CA 21 May 1998
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
Interpretation of Double Taxation Agreements This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not domiciled here. He was liable to UK … Continue reading Anson v Revenue and Customs: SC 1 Jul 2015
The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance companies and as to whether the compensation under the Acts counted as damages under the policies. The syndicate said … Continue reading Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008
The claimant had obtained a freezing order against the defendants. His claim having been dismissed, the court now considered if and what damages should be paid under the cross-undertaking he had given. Held: Setting out and applying the principles appropriate to such claims, the court found that the defendants had not established that, but for … Continue reading Soutzos v Asombang and Others: ChD 21 Jun 2011
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997
Lost Earnings claim Continues after Death The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives appealed. Held: The House assumed that, because the claimant had brought … Continue reading Pickett v British Rail Engineering: HL 2 Nov 1978
The claimants had been air passengers who were unlawfully detained in Kuwait, when their plane was captured whilst on the ground on the invasion of Kuwait. They sought damages for that detention.
Held: There are no exceptions to the Warsaw . .
The applicants were passengers who claimed damages for psychiatric injury, after accidents in aircraft.
Held: The Convention created strict liability on air carriers, but explicitly restricted damages to be payable for ‘bodily injury’. That . .
The plaintiff sought damages following the death of her husband when working for the defendant. The limitation period expired on Saturday 5 September 1970. The writ was issued on the Monday following.
Held: The appeal succeeded. The writ was . .
The claimant was a property developer, which sought to sell a row of shops at auction. One lot was a Woolworths store, where the company owned both freehold and leasehold interests, with Woolworths occupying an underlease, which the claimant had . .
References: [2004] UKHL 49, Times 26-Nov-2004, [2005] 1 WLR 1363, [2005] 1 All ER 175 Links: Bailii, House of Lords Coram: Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Steyn Lord Hoffmann Lord Scott of Foscote Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004
