The House of Lords may itself determine the grounds of an appeal, and deal with matters undetermined by Court of Appeal. A verdict of ‘causing GBH’ (not inflicting) was not an offence unknown to law. A verdict of ‘causing GBH contrary to s20’ was wide enough to include the offence of inflicting grievous bodily harm.In … Continue reading Regina v Mandair: HL 20 May 1994
The Court heard an interim application to decide whether an appeal to the Supreme Court existed under the 2002 Act. A restraint order had been made as to the appellants assets. Held: The statutory provisions substituting the Supreme Court for the House of Lords had omitted to deal with the 2005 Order appeal provisions. Leave … Continue reading Stanford International Bank Ltd v Director of The Serious Fraud Office: SC 15 Feb 2012
The claimant challenged the refusal of the respondent, under authority of the regulations, to divide payment of child benefit between himself and his former partner. The child stayed with both parents. Other benefits flowed from the allocation of the benefit to one parent. He alleged that this was discriminatory under the Convention. Held: The challenge … Continue reading Regina (Barber) v Secretary of State for Work and Pensions: Admn 17 Jul 2002
The parties had litigated the sale of land free of restrictive covenants. Held: The rule that a party was entilted to its costs of defending an action under the Act for the discharge of a covenant at least as far as was necessary for it to have been able to establish whether it was proper … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 14 Dec 2004
Adjournment to allow amicus curiae to investigate appropriate sentencing level with apparent error in Current Sentencing Practice guide. Judges: Lord Bingham of Cornhill LCJ, Potts, Butterfield JJ Citations: [1997] EWCA Crim 2284 Links: Bailii Statutes: Firearms Act 1968 16A Jurisdiction: England and Wales Criminal Sentencing Updated: 29 September 2022; Ref: scu.465438
The claimants had been persuaded to take up leases on a service area constructed by the defendants. They said that the publicity materials had wildly exaggerated the actual number of visitors, and sought damages for fraudulent misrepresentation. Held: The claim in fraudulent misrepresentation failed. Lewison J discussed why the entire agreement clause satisfied the test … Continue reading Foodco UK Llp (T/A Muffin Break) and Others v Henry Boot Developments Ltd: ChD 3 Mar 2010
ECJ Taxation – Sixth VAT Directive – Exemptions – Article 13B(f) – Betting, lotteries and other forms of gambling – Principle of fiscal neutrality – Mechanised cash bingo – Slot machines – Administrative practice departing from the legislative provisions – ‘Due diligence’ defence Citations: C-260/10, [2011] EUECJ C-260/10 Links: Bailii Jurisdiction: European Citing: At VDT … Continue reading Commissioners for Her Majesty’s Revenue and Customs v Rank Group plc C-260/10: ECJ 10 Nov 2011
Damages were claimed after claimant alleged involvement by the defendant in the murder of the deceased. The defendant had been tried and acquitted of murder and manslaughter, but the allegation was now pursued. The defendant had since failed to co-operate with the court. Held: The defendant’s acquittal was not conclusive. The standard in a civil … Continue reading Raja v Van Hoogstraten: ChD 19 Dec 2005
Break clauses had been exercised on behalf of the plaintiffs. The defendant landlords appealed a decision upholding the notices. A penalty rent had been sought. Held: There had been no sufficient agency established to validate the notice. The timely payment of the penalty rent was of the essence. The appeal was allowed. Judges: Lord Justice … Continue reading Dun and Bradstreet Software Services (England) Ltd; Dun and Bradstreet Software Services Ltd v Provident Mutual Life Assurance Association and General Accident Linked Life Assurance: CA 9 Jun 1997
The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication. Held: It is necessary for the defendants to establish that they had a duty to publish the article if they are to be … Continue reading Loutchansky v Times Newspapers Limited (No 2): CA 12 Mar 2001
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the door of the court to accept an offer. The claimant was not advised as to … Continue reading Moy v Pettman Smith (a firm) and another: HL 3 Feb 2005
The defendant appealed against his conviction. He had not been represented at trial, and several objections were taken to the conduct of the case, and in particular that prosecuting counsel had made a closing address, and that he had not been allowed to transfer his legal aid order to a different firm of solicitors. Held: … Continue reading Rabani, Regina v: CACD 21 Aug 2008
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
One way of deciding whether a person is self employed is to ask whether he can be said to be running a business of his own. Different tests may have to be combined to produce an overall answer.Cooke J said: ‘The fundamental test to be applied is this: ‘Is the person who has engaged himself … Continue reading Market Investigations v Minister of Social Security: 1969
The accused dishonestly falsified a number of insurance cover notes which were said to be documents required for an accounting purpose, namely, those of the persons who had sought cover and to whom the cover notes were forwarded. The accused ran his own maritime insurance business, obtaining instructions from a number of clients to place … Continue reading Regina v Manning: CACD 23 Jul 1998
The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement. Held: ‘The secret of drafting legal documents was best described by Nicolas Boileau, who was not only a literary critic but … Continue reading Oxonica Energy Ltd v Neuftec Ltd: PatC 5 Sep 2008
The defendant appealed against his conviction for murder saying that at the time of the offence he suffered a paranoid psychotic illness which would have substantially impaired his mental responsibility for his acts. He was not regarded as insane as defined by the M’Naghton rules. He had been advised that he might have a defence … Continue reading Regina v Weekes: CACD 18 Feb 1999
The defendant, then 22 had a history of disturbed childhood, sexual abuse and outpatient mental health treatment together with one instance when he was sectioned following a suicide attempt. On the undisputed psychiatric evidence he suffered from a schizotypal disorder as well as an emotionally unstable personality disorder. He was obsessed with witchcraft and Satanist … Continue reading Brennan v Regina: CACD 21 Nov 2014
The court decided the issue of what meaning the words complained of would have been understood to bear. The ordinary reader of an article may well not think in legalistic terms such as ‘strong grounds to suspect’ or ‘reasonable grounds to suspect’ when articulating his or her impression of the meaning conveyed by the words. … Continue reading Charman v Orion Publishing Group Ltd and others: QBD 14 Oct 2005
In a prosecution for an offence of indecent assault on a girl under 16 under the section, it was necessary for the prosecution to prove the absence of a positive belief in the defendant’s mind that the victim was 16 or over. The legislation history showed an anomalous bringing together of different, and conflicting strands … Continue reading Regina v K: HL 25 Jul 2001
The claimant had sought and been refused judicial review of a decision of the SIAC Upper Tribunal. The Upper Tribunals were designated as courts of superior record, and the court at first instance had said that SIACs specialist procedures and jurisdiction meant that it was amenable to judicial review, but only on grounds of excess … Continue reading Cart, Regina (on The Application of) v The Upper Tribunal and Others: CA 23 Jul 2010
A surety under a pre-insolvency guarantee, had not actually paid, and could not pay, being bankrupt with his assets vested in the trustee. The creditor was still owed the money and entitled to prove in the liquidation. Held: One could not have more than one proof in respect of the same debt (‘the rule against … Continue reading In re Fenton: CA 1931
FTTTx Community Law – Fiscal neutrality – Exemption – Exclusion of provision of ‘gaming machines’ from exemption – Whether taxed machines similar to exempt machines – Relevance of regulatory regime – TNT [2009] STC 1438 considered – Whether FOBTs exempt comparators – Whether on facts due diligence defence established to breach of fiscal neutrality Exemption- … Continue reading The Rank Group Plc v Revenue and Customs: FTTTx 11 Dec 2009
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010
The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002
Waite owed the debtor andpound;101 for goods sold and delivered. He was bankrupted, having previously guaranteed the debtor’s overdraft and deposited the deeds of his property as security. Waite’s trustee paid the bank andpound;133 out of the bankrupt’s assets which had vested in him as trustee to pay off the overdraft and obtain the release … Continue reading In re A Debtor (No 66 of 1955), Ex parte The Debtor v Trustee of Waite (A Bankrupt): CA 2 Jan 1956
The defendants were to be tried for allegedly sending funds abroad to support terrorism. The court now considered the meaning of the phrase ‘reasonable cause to suspect’ in the context of the anticipated use of the funds: ‘Does it mean that the accused must actually suspect, and for reasonable cause, that the money may be … Continue reading Lane and Another, Regina v: SC 11 Jul 2018
The plaintiff tenant was tricked out of the occupancy of the flat he was living in by a blatant fraud perpetrated by the defendant landlord. He sued for damages for fraud, and was awarded compensation for the inconvenience and discomfort. In a case of deceit and other causes of action, the principles enunciated in Rookes … Continue reading Mafo v Adams: CA 1969
The court was asked whether the VAT treatment of mechanised cash bingo breaches the principle of fiscal neutrality: and the core issue on the appeal is whether the burden lay on Rank to adduce evidence to prove not only that there was a difference in VAT treatment between similar (and apparently competing) products but also … Continue reading Revenue and Customs v The Rank Group: ChD 8 Jun 2009
A point was raised for the first time on appeal. Held: Though an appellate court could exclude a pure question of law which had not been raised at first instance from being raised on appeal, the usual practice was to allow it to be taken where the other party had had an opportunity of meeting … Continue reading Pittalis v Grant: CA 1989
Robbers who stole and sold preserved specimens from the Royal College of Surgeons’ collection were held rightly convicted of theft. The court considered the issue of ownership of a corpse: ‘We accept that however questionable the historical origins of the principle, it has now been common law for 150 years at least that neither a … Continue reading Regina v Kelly: 1999
The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act. Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time could not be invalidated retrospectively by reference to facts … Continue reading Doran v Liverpool City Council: CA 3 Mar 2009
The claimants were to be married. They sold the rights to publish photographs of their wedding, but various of the defendants took and published unauthorised pictures. Held: The claimants had gone to lengths to ensure the commercial value of their celebration, and it could attract the protection given in law to confidential matters. What matters … Continue reading Douglas etc v Hello! Ltd etc: ChD 11 Apr 2003
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death. Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether the copyright should be enforced the relevant issues would be ones arising from the work itself, … Continue reading Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference. Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there … Continue reading AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust: QBD 26 Mar 2004
Harassment to Criminal Level needed to Convict The claimant had been a customer of the defendant, but had moved to another supplier. She was then subjected to a constant stream of threatening letters which she could not stop despite re-assurances and complaints. The defendant now appealed against a refusal to strike out the claim of … Continue reading Ferguson v British Gas Trading Ltd: CA 10 Feb 2009
VDT COMMUNITY LAW – Fiscal neutrality – Exemption – Gaming – Provision of gaming machines excluded from exemption – Similar supplies under Part III of Gaming Act 1968 exempt – Whether principle of fiscal neutrality infringed in law or in practice – Whether defence of due diligence by UK possible – Linneweber [2008] STC 1069 … Continue reading Rank Group Ltd v Revenue and Customs: VDT 19 Aug 2008
VDT EXEMPT SUPPLIES – Gaming – Mechanised cash bingo under Gaming Act 1968 s.14 excluded from exemption – Similar supplies under s.21 exempt – Whether principle of fiscal neutrality infringed – Same company making supplies to same players under both section 14 and 21 – Whether infringement of fiscal neutrality requires competition between supplies as … Continue reading The Rank Group Plc v Revenue and Customs: VDT 27 May 2008
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’ Held: The gist of the crime of blasphemous libel is material relating to the Christian religion, or its … Continue reading Green, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson: Admn 5 Dec 2007
The claimant, now aged four and the son of a famous author, was photographed by use of a long lens, but in a public street. He now sought removal of the photograph from the defendant’s catalogue, and damages for breach of confidence. Held: The claim was struck out. In effect this was an application for … Continue reading Murray v Express Newspapers Plc and Another: ChD 7 Aug 2007
(The Bahamas) The US government sought the extradition of the appellant from the Bahamas on drugs charges. The warrants were found to be void, and the defendant released unconditionally, when the nmagistrate rejected evidence from an admitted co-conspirator. It was then said thet the respondent had no right of appeal against a grant of habeas … Continue reading Gibson v United States of America: PC 23 Jul 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, it would be open to the Court to receive closed material disclosed only to the court and a … Continue reading Belhaj and Another v Director of Public Prosecutions and Another: SC 4 Jul 2018
The defendant appealed against his conviction on a charge of: ‘obtaining property by deception contrary to Section 15(1) of the Theft Act 1968 for that you on the 24th February 1971, in the County of Warwick dishonestly obtained from William Arthur Snell 6 gallons of petrol with the intention of permanently depriving William Arthur Snell … Continue reading Regina v Collis-Smith: CACD 30 Sep 1971
Grievous bodily harm can be inflicted by a stalker without direct physical contact and can include psychological damage. The statute could be interpreted to reflect current standards. Judges: Lord Bingham of Cornhill LCJ, Owen, Connell JJ Citations: Gazette 25-Sep-1996, Times 30-Jul-1996, [1996] EWHC Admin 49, [1997] 1 Cr App R 144 Links: Bailii Statutes: Offences … Continue reading Regina v Burstow: Admn 29 Jul 1996
A couple cared for children without fee who were referred to them by a local authority. The children they cared for included coloured children. Two individuals sought to prevent the couple caring for coloured children. The question for the House of Lords was whether the attempt by the individuals to prevent the couple so doing … Continue reading Applin v Race Relations Board: HL 27 Mar 1974
The council operated a housing policy which required applicants for housing tbe British nationals. Mr Zesko, a Polish national, complained that this was race discrimination. Held: The House declined to interpret ‘national origins’ in the list of prohibited grounds of discrimination under the Race Relations Act 1968 so as to include ‘nationality’: discriminating against the … Continue reading Ealing London Borough Council v Race Relations Board: HL 16 Dec 1971
The defendant appealed against his sentence for attempting to pervert the course of justice and theft. He had received a sentence of six months for the theft and nine months consecutive for perverting the course of justice Held: Allowing the appeal. He had given a false name to the police on being arrested. It was … Continue reading Regina v Sookoo: CACD 20 Mar 2002
The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the court to exercise its discretion or whether he was entitled … Continue reading Nelson and Another v Clearsprings (Management) Ltd: CA 22 Sep 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
Under the 1968 Act, the court is not in the position of a statutory settlor. Lord Reid described the provisions of the 1958 Act: ‘Under the Variation of Trusts Act the court does not itself amend or vary the trusts of the original settlement. The beneficiaries are not bound by variations because the court has … Continue reading Holmden’s Settlement Trusts, Re Holmden’s Settlement, Re: HL 13 Dec 1967
A certificate had been granted by the Home Secretary that the applicant was suspected of terrorism, and he had accordingly been detained under special procedures. When his case had come before the Special Immigration Appeal Tribunal, they had granted him bail. The HS appealed. Held: The Court of Appeal’s jurisdiction was purely statutory. No statutory … Continue reading G v Secretary of State for the Home Department (Interim Decision): CA 9 Mar 2004
The applicant was sentenced to life imprisonment in 1992 for a brutal murder. He had pleaded diminished responsibility. There were now no papers from the trial. Medical evidence now suggested that at the time of the trial he would have suffered a personality disorder and depression. Held: If this evidence were called at a trial … Continue reading Hendy, Regina v: CACD 12 Apr 2006
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the rules of good husbandry and personally to reside in the farmhouses. They … Continue reading National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 1997
A criminal information was applied for against a magistrate. Abbott CJ said: ‘They [magistrates] are indeed, like every other subject of this kingdom, answerable to the law for the faithful and upright discharge of their trust and duties. But, whenever they have been challenged upon this head, either by way of indictment, or application to … Continue reading Rex v Borron: 1820
Before his death, the deceased had advanced sums to his sons. The House was asked whether they were liable to Estate Duty. Held: Lord Reid said: ‘no object of a discretionary trust has, as such, any legal right to or in the capital’, although he may possess limited equitable rights against the trustee; ‘mere expectancy … Continue reading Gartside v Inland Revenue Commissioners: HL 13 Dec 1967
Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the human rights of the families. There had been an Emergency protection Order, but the … Continue reading Langley and others v Liverpool City Council and others: CA 11 Oct 2005
The defendants appealed their convictions for murder, saying that a co-defendant, have been captured after fleeing the country had later been treated more leniently, a plea of manslaughter having been accepted. Held: In order to substitute convictions for manslaughter, the court would first have to quash the convictions for murder, which was only possible if … Continue reading Petch and Coleman v Regina: CACD 13 Jul 2005
The local authority in whose care the deceased child had been held challenged a decision by the coroner not to limit his inquiry to the last few days of the child’s life. The coroner had decided that he had an obligation to conduct a wider enquiry under the 1968 Act. Held: ‘The central question in … Continue reading Plymouth City Council v HM Coroner for the County of Devon and Another: Admn 27 May 2005
The appellant had been convicted of an offence under the section in that as a bankrupt, he ‘in the two years before the petition, materially contributed to, or increased the extent of, his insolvency by gambling or by rash and hazardous speculations’. The actus reus – the bankruptcy petition and the bankruptcy to which it … Continue reading Regina v Muhamad: CACD 19 Jul 2002
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007
The defendant was convicted of infanticide and murder. The experts differed as to the cause of death. She appealed her conviction saying that the experts in effect cancelled each other out. Held: Her appeal failed. The jury was entitled to listen to both reports and to choose which it accepted. ‘It was therefore for the … Continue reading Kai-Whitewind, Regina v: CACD 3 May 2005
(Trinidad and Tobago) Two defendants appealed against their convictions for murder. The principal witness who had identified them, had retracted his evidence, but the retraction had not been believed. He was then shown to have lied. Held: The Board had to remember that the court of appeal had already considered these circumstances, and was much … Continue reading Kelvin Dial (otherwise called Peter), Andrew Dottin (otherwise called Maxwell) v The State: PC 14 Feb 2005
Parents requested the local authority to make provision for their severely disabled children. The local authority wished when deciding whether to provide adaptations of the house to make allowance for the parents’ financial resources. Held: The defendant authority is correct in its contention that it can lawfully have regard to parental resources when deciding under … Continue reading Spink, Regina (on the Application Of) v Wandsworth Borough Council: Admn 20 Oct 2004
ECJ Whereas in the case of an action based on an obligation under a contract of employment or another contract with the same particularities for work other than on a self-employed basis the relevant obligation for the purpose of determining the place of performance within the meaning of article 5(1) of the convention of 27 … Continue reading Hassan Shenavai v Klaus Kreischer: ECJ 15 Jan 1987
ECJ 1. The Convention of 27 September 1968 must be interpreted having regard both to its principles and objectives and to its relationship with the treaty. The question whether the words and concepts used in the convention must be regarded as having their own independent meaning and as being thus common to all the contracting … Continue reading Somafer Sa v Saar-Ferngas Ag: ECJ 22 Nov 1978
ECJ 1. The authority for regulation no 803/68/EEC of the council of 27 june 1968, on the value of goods for customs purposes is to be found in article 235 of the treaty and reveals no factor calculated to affect its validity. 2. Article 11(2)(b) (second branch of the alternative) of regulation no 803/68 of … Continue reading Hauptzollamt Bremerhaven v Massey-Ferguson Gmbh: ECJ 12 Jul 1973
ECJ The rights recognized by the legislation of a member state on the subject of industrial and commercial property are not affected, so far as their existence is concerned, by article 85 and 86 of the treaty. However, their exercise may fall under the prohibitions imposed by these provisions. (cf. Paragraph 2, summary, judgment in … Continue reading Sirena SRL v Eda SRL And Others: ECJ 18 Feb 1971
The employer was prosecuted under the 1961 Act. Held: the burden of proving that it was not reasonably practicable to make and keep a place of work safe rested upon the defendant employer. If an exception was to be established, it was for the party claiming the exception to establish it. (Majority) Where a linguistic … Continue reading Nimmo v Alexander Cowan and Sons Ltd: HL 1967
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
The court was concerned with conflicts between different jurisdictions dealing with related matters. Hirst LJ said: ‘Conflicting findings of fact, on the other hand, are virtually impossible to reconcile if different judges in different jurisdictions within the EEC, hearing and seeing different witnesses, reach different conclusions which have hinged on an assessment of the reliability … Continue reading Gascoigne v Pyrah: CA 26 Nov 1991
There had been a collision at sea. Held: (Addendum) Where the admiralty court sought advice from assessors, modern good practice required that the advice should be disclosed to the parties advisers and that they have opportunity to comment. Nautical assessors are experts within the Rules. The practice set out in the Hannibal did not fulfil … Continue reading ‘Bow Spring’, Owners of Ship v ‘Manzanillo Ii’, Owners of Ship: CA 28 Jul 2004
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
The claimant had not received the same tax allowance following his wife’s death as would have been received by a woman surviving her husband. That law had been declared incompatible with Human Rtights law as discriminatory, but the respondent refused to make good any claim which had not been originally pursued to the European Court, … Continue reading Regina on the Application of Wilkinson v The Commissioners of Inland Revenue: CA 18 Jun 2003
The applicants sought to argue that the attempt to evict him from the caravan site he occupied infringed his article 8 and 14 rights. Though the Isaacs case had decided there was good reason to deny security, he argued that was no longer applicable, since many gypsies did not now seek a roving life. Held: … Continue reading Regina (on the application of Smith) v Barking and Dagenham London Borough Council and another: Admn 19 Nov 2002
(Jamaica) The appellant sought damages from the respondent journalists in defamation. They had claimed qualified privilege. The words alleged to be defamatory were ambiguous. Held: The publishers were protected by Reynolds privilege. The court should give the article the natural and ordinary meaning which would be attributed by an intelligent reader seeing it once. He … Continue reading Bonnick v Morris, The Gleaner Company Ltd and Allen: PC 17 Jun 2002
The claimant company set out to sell land whilst it was still only in the process of incorporation. Its solicitors had signed as agents, and now sought an order for the purchaser to complete the contract. The respondent had not known of the non-incorporation of the company. The claimant later rescinded the contract, and forfeited … Continue reading Braymist Limited and Others v Wise Finance Company Limited: CA 20 Feb 2002
A lease of commercial premises continued automatically under the Act. It became a monthly tenancy with rent payable in advance at the beginning of each mointh. The landlord served a notice under s25 on 4 October 1965 to terminate the tenancy on April 11 1966. Held: The notice being in appropriate form was effective to … Continue reading Commercial Properties Ltd v Wood: CA 1967
Waite owed money and guaranteed a debt before being made bankrupt. Waite and his trustee were not for this purpose the same person. Waite had held his assets for his own benefit. The trustee paid the debt. Held: The trustee held the assets that vested in him for the benefit of the creditors: ‘There was … Continue reading In re A Debtor (No 66 of 1955), Ex parte The Debtor v Trustee of Waite (A Bankrupt): ChD 1956
The tenant was issued with a notice to quit for unpaid rent, within the first year, during an ‘introductory tenancy.’ She sought judicial review on the basis that the reduced security of tenure infringed her human rights. Held: Review was refused. The probationary regime was intended to protect other tenants and the local authority from … Continue reading McLellan v Bracknell Forest Borough Council; Reigate Borough Council v Benfield and Another: CA 16 Oct 2001
The liquidator of the company sought a declaration that sums received by the defendant sales agents on behalf of the insolvent company were to be paid out to the liquidators in full. The court was asked whether the payments by DWL and PLB made after the termination of the ADA were held on trust for … Continue reading Bailey and Another v Angove’s PTY Limited: ChD 2013
Europa 1. A claim for compensation for loss to an individual resulting from a criminal offence, even though made in the context of criminal proceedings, is civil in nature unless the person against whom it is made is to be regarded as a public authority which acted in the exercise of its powers. That is … Continue reading Sonntag v Waidmann, Waidmann and Waidmann: ECJ 21 Apr 1993
Premises on a racecourse were let to the defendants in part as a public house, and to occupy the other part themselves. The court was asked whether this was a letting of ‘a house or a part of a house let as a separate dwelling . . and every such house or part of a … Continue reading Epsom Grand Stand Association Ltd v Clarke: CA 1919
H and W owned their house jointly. When H left for another woman, he signed an agreement to pay Mrs Merritt a monthly sum, and eventually to transfer the house to her if Mrs M kept up the monthly mortgage payments. When the mortgage was paid off Mr Merritt refused to transfer the house. Mrs … Continue reading Merritt v Merritt: CA 1970
The claimant had sought damages against his employer, saying that they had failed in their duty to him under the 1997 Act in failing to prevent harassment by a manager. He appealed a strike out of his claim. Held: The appeal succeeded. The issue is whether an employer may be vicariously liable under section 3 … Continue reading Majrowski v Guy’s and St Thomas’ NHS Trust: CA 16 Mar 2005
The defendant sought judicial review of the decision not to refer her case back to the court of appeal. She had been convicted of the murder of her hsuband’s new partner. She said it had been her husband. Held: The court set out the approach to be taken when a defendant raises the defence of … Continue reading Regina v Criminal Cases Review Commission ex parte Pearson: Admn 18 May 1999
In the absence of any specific provision forbidding or restricting appeals, the presumption was that the ordinary rules applied in respect of a summary application. Since those rules allowed appeals, the plea to the competency of an appeal from the sheriff in that case was repelled. Citations: 1985 S L T 413 Statutes: Social Work … Continue reading Central Regional Council v B: 1985
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985
The Home Secretary is obliged to disclose new evidence to a defendant before rejecting his application for a reference to Court of Appeal. The Home Secretary’s powers to refer a case back to the Court of Appeal (Criminal Division) was an integral part of the just functioning of the overall process of criminal justice. A … Continue reading Regina v Secretary of State for Home Department Ex Parte Hickey and Others, Same Ex Parte Bamber; Same Ex Parte Malone (No 2): QBD 29 Nov 1994
A customer’s description of the goods he required was a trade description for the future supply of those goods by the seller claiming to fulfil that specification. The trading standards officer appealed dismissal of his prosecution of the defendant on four informations alleging an unlawful supply of goods. The defendant had tendered successfully to a … Continue reading Shropshire County Council (David Walker) v Simon Dudley Limited: Admn 17 Dec 1996
The claimant was a member of Parliament and an author. The defendant published a column which was said to give the impression that the claimant had written it. It was a parody. The claim was in passing off. Held: The first issue was whether a substantial number of readers had been misled. The deception must … Continue reading Alan Kenneth McKenzie Clark v Associated Newspapers Ltd: PatC 21 Jan 1998
The defendant company sought to rely upon an exemption clause. Held: Applying standard rules for contract interpretation, the exemption clause was to be construed against the one proposing it. At best the clause was ambiguous, and the defendants claim for exemption failed. The clause did not satisfy the first two tests set down in the … Continue reading Stent Foundations Ltd v M J Gleeson Group Plc: TCC 9 Aug 2000
The council had required of applicants for liquor licenses more detailed information than was required by the statute. The Association challenged their policy. Held: One aim of the legislation is to allow licensing authorities to provide a ‘light touch bureaucracy’ with greater freedom and flexibility for businesses and the avoidance of disproportionate standard conditions. If … Continue reading The British Beer and Pub Association and others v Canterbury City Council: Admn 24 Jun 2005
The claimant surrendered guns and ammunition under the 1997 Act, and was due to be compensated. His claim was not settled, and he commenced an action in the County Court for the sums claimed. The defendant denied any duty to pay up within a reasonable period, and asserted that any claim must be by way … Continue reading Steed v Secretary of State for the Home Department: HL 26 May 2000
An existing outline planning permission to develop land to include a parade of 12 shops in central London. In 1968 Pan American Airways Corporation took a sub-lease of the land and got planning permission to develop it as an air terminal for a period of 14 years, terminating (with an extension) on 31 March 1984. … Continue reading Regent Lion Properties Limited v Westminster City Council: CA 1990
The House considered whether a sub-tenant could claim protection under the 1968 Act. This depended on the interpretation of the word ‘premises’ in the context of a sub-tenancy of a cottage on a farm let under an agricultural tenancy. Held: (majority) ‘premises’ in section 18(5) include any premises which, as a matter of fact, applying … Continue reading Maunsell v Olins: HL 1975
The local authority had accepted the argument that stag hunting was cruel and had banned it from the land it owned in the Quantocks. The ban was challenged. Held: The ban was unlawful. The decision had been reached on moral, and not on administrative grounds. The purposes it sought to implement were not within the … Continue reading Regina v Somerset County Council Ex Parte Fewings and Others: CA 22 Mar 1995
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
