Search Results for: Supreme Court Act 1981 42

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Cadbury-Schweppes Pty Ltd And Others v Pub Squash Co Pty Ltd: PC 13 Oct 1980

(New South Wales) The plaintiff had launched and advertised a soft drink. A year later, the defendant launched a similar product using similar names, styles and advertising, but then registered trade marks. The plaintiff sought damages, and for the trade mark to be deregistered. The judge held that there was enough of a difference to … Continue reading Cadbury-Schweppes Pty Ltd And Others v Pub Squash Co Pty Ltd: PC 13 Oct 1980

Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008

The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now appealed a finding that he might nevertheless be liable in a … Continue reading Ashley and Another v Chief Constable of Sussex Police: HL 23 Apr 2008

Steele Ford and Newton v Crown Prosecution Service (No.2): HL 1993

The House considered the court’s jurisdiction to award costs out of central funds. Held: In this case there was no such power, but: ‘still more important, in the present context, is the special constitutional convention which jealously safeguards the exclusive control exercised by Parliament over both the levying and expenditure of the public revenue. It … Continue reading Steele Ford and Newton v Crown Prosecution Service (No.2): HL 1993

Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story showing a picture of her leaving a drug addiction clinic, along with … Continue reading Campbell v Mirror Group Newspapers Ltd (MGN) (No 1): HL 6 May 2004

Jivraj v Hashwani: SC 27 Jul 2011

The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 Regulations. The High Court found the appointment to be outwith the provisions, but this was … Continue reading Jivraj v Hashwani: SC 27 Jul 2011

Amand v Home Secretary and Minister of Defence of Royal Netherlands Government: HL 1943

A Dutch serviceman who had been arrested for desertion and brought before a magistrate who ordered him to be handed over to the Dutch military authorities under the Allied Forces Act 1940. An application for habeas corpus was rejected by a Divisional Court. The Court of Appeal held that they had no jurisdiction to entertain … Continue reading Amand v Home Secretary and Minister of Defence of Royal Netherlands Government: HL 1943

Walton v The Scottish Ministers: SC 17 Oct 2012

The appellant, former chair of a road activist group, challenged certain roads orders saying that the respondent had not carried out the required environmental assessment. His claim was that the road had been adopted without the consultation required by the Strategic Environmental Assessment Directive (‘the SEA Directive’), and that that the scope of the public … Continue reading Walton v The Scottish Ministers: SC 17 Oct 2012

Jones and others v Firkin-Flood: ChD 17 Oct 2008

The trustees had contracted to sell shares in a private company held within the estate. A family member now claimed that they were held in trust after a settlement of a possible challenge to the will based in lack of testamentary capacity and undue influence. The trustees requested the court to determine the trusts on … Continue reading Jones and others v Firkin-Flood: ChD 17 Oct 2008

Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007

The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but signalled the presence of asbestos in the lungs. The employer appealed a finding of liability. Held: The claims … Continue reading Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar: HL 17 Oct 2007

Scottish Widows Plc v Revenue and Customs: SC 6 Jul 2011

The taxpayer insurance company had transferred sums from accounts designated as Capital Reserves. The Revenue said that these were properly part of the profit and loss accounts for the respective tax years, and chargeable receipts. Held: The Revenue’s cross appeal succeeded. As a life assurance company, the amounts to be taken into account in computing … Continue reading Scottish Widows Plc v Revenue and Customs: SC 6 Jul 2011

The Advocate General for Scotland v Romein: SC 8 Feb 2018

Paradoxical Inhertiance of Nationality Rights Whether transmission of British citizenship through the female line allowed from 1983 was retrospective: ‘With effect from 1 January 1983, the restriction to descent in the male line was abrogated by legislation for those born after that date, and 20 years later in 2003 the legislation was retrospectively amended so … Continue reading The Advocate General for Scotland v Romein: SC 8 Feb 2018

G, Regina (on The Application of) v X School: SC 29 Jun 2011

The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was made that no prosecution would follow. The claimant’s solicitors asked to be allowed to represent him … Continue reading G, Regina (on The Application of) v X School: SC 29 Jun 2011

Coventry and Others v Lawrence and Another (No 2): SC 23 Jul 2014

Consequential judgment. Mr Coventry had been found liable in the principle judgment in nuisance to the appellant neighbours. The Court was now asked as to several matters arising. First, to what extent were the defendants’ landlords liable to the claimants, and second as to the suspension of the injunctions whilst the property to be protected … Continue reading Coventry and Others v Lawrence and Another (No 2): SC 23 Jul 2014

Revenue and Customs v DCC Holdings (UK) Ltd: SC 15 Dec 2010

The taxpayer had entered into a ‘repo’ loan to its bank, agreeing to purchase a block of gilt edged securities, and to resell them at a later date at a fixed figure. The profit and figures included an allowance for the interest payments to be made. The company now appealed against being refused permission to … Continue reading Revenue and Customs v DCC Holdings (UK) Ltd: SC 15 Dec 2010

Hyundai Merchant Marine Co Ltd v Furness Withy (Australia) Pty (Doric Pride”): CA 25 Jan 2006″

References: [2006] EWCA Civ 599, [2007] 2 CLC 1042, [2006] 2 All ER (Comm) 188, [2006] 2 Lloyd’s Rep 175 Links: Bailii Coram: Brooke, Rix LJJ, Sir Paul Kennedy Ratio: The court considered the relationship between express an implied warranties. Held: Under a time charterparty, hire continues to run unless the charterer can bring himself … Continue reading Hyundai Merchant Marine Co Ltd v Furness Withy (Australia) Pty (Doric Pride”): CA 25 Jan 2006″

Regina v Pan; 29 Jun 2001

References: [2001] 2 SCR 344, 200 DLR (4th) 577, 155 CCC (3d) 97, 2001 SCC 42 Links: Vcanlii Coram: Arbour J (Supreme Court of Canada) The court considered the reason behind the common law rule against a court examining the activities of a jury: ‘the rule seeks to preserve the secrecy of the jury’s deliberations, … Continue reading Regina v Pan; 29 Jun 2001