Rafferty and Another v Secretary of State for Communities and Local Government and Another: CA 29 Jul 2009

Appeal against refusal of permission for change of use. The permission sought was for a change of use to a residential gypsy caravan site for two Romany gypsies. The issue was whether an Article 8 right could be established in respect of a prospective home.

Citations:

[2009] EWCA Civ 809, [2009] 31 EG 72, [2010] JPL 485, [2009] PTSR 1708

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Planning, Human Rights

Updated: 20 December 2022; Ref: scu.368602

Taleb v Trina Coaches Ltd: CA 5 Oct 2009

The claimant cyclist said that the defendant’s coach driver had caught her handlebar causing her to fall and be injured as he passed her on Euston Road. She appealed against a decision that she had not established that the driver was at fault, despite having found the driver’s evidence to be inconsistent. She said that the judge had incorrectly relied on and misinterpreted the CCTV evidence.
Held: The judge had rejected the claimant’s evidence for no good reason. Her error was not a sufficient basis for his conclusion. The CCTV evidence did not show the actual event, and the judge had been wrong to rely on it to overrule her evidence. Though an appeal court will only rarely reverse a judge’s interpretation of the facts and evidence, this was one case where they should, and the appeal succeeded.

Judges:

Ward LJ, Smith LJ, Rimer LJ

Citations:

[2009] EWCA Civ 1250

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Road Traffic, Negligence

Updated: 20 December 2022; Ref: scu.381577

Spy Academy Ltd v Sakar International Inc: CA 23 Jul 2009

Claimant’s appeal against order for security for costs. An order had been returned having been sent to the correct address, but to the wrong person, it was returned. On the claimant appearing by its director the judge made the order.
Held: The judge had not given proper weight to the claimant’s reasons for the return of the order, and appeared to have prejudged the claim. The appeal succeeded. On balancing the factors outlined in Keary, the claimant’s case should not be stifled.

Judges:

Sedley LJ, Sir Simon Tuckey

Citations:

[2009] EWCA Civ 985

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Keary Developments v Tarmac Constructions CA 1995
The court set out the principles to be applied by the court upon an application for security for costs.
1. The court has a complete discretion whether to order security, and accordingly it will act in the light of all the relevant . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 20 December 2022; Ref: scu.375601

Turner and Others, Regina (on The Application of) v Southampton City Council: CA 27 Nov 2009

Applications were made to challenge closure of care homes by local authorities, based on arguments that the human rights of the residents would be infringed by a requirement to move.

Judges:

Sedley, Toulson LJJ

Citations:

[2009] EWCA Civ 1290

Links:

Bailii

Jurisdiction:

England and Wales

Local Government, Human Rights

Updated: 20 December 2022; Ref: scu.381582

Nationwide Building Society v Wright and Another: CA 29 Jul 2009

The trustee in bankruptcy sought to have set aside a charging order made over the bankrupt’s property before the commencement of the insolvency.
Held: ‘The principle that property acquired from a debtor (in good faith and without notice of the presentation of a bankruptcy petition) is entitled to retain that property against the trustee in bankruptcy represents a change not only to the position in respect of individual insolvency before the 1986 Act but also a departure from the position, both before and after the 1986 Act, in relation to corporate insolvency. ‘ The courts below were in error in failing to recognise, and give weight to, the legislative policy underlying section 346(1) of the 1986 Act.

Citations:

[2009] EWCA Civ 811, [2010] Ch 318, [2009] 31 EG 73 (CS), [2009] NPC 102, [2009] BPIR 1047, [2009] 40 EG 132, [2009] 2 BCLC 695, [2010] 2 WLR 1097

Links:

Bailii

Statutes:

Charging Orders Act 1979 3(5), Insolvency Act 1986 346(1)

Jurisdiction:

England and Wales

Insolvency

Updated: 20 December 2022; Ref: scu.365615

AB and Others v Nugent Care Society: CA 29 Jul 2009

‘These appeals raise questions as to the correct approach to the application of section 33 of the Limitation Act 1980 in the light of the decision of the House of Lords in A v Hoare [2008] UKHL 6, [2008] 1 AC 844. Each appeal arises out of allegations of historic sexual abuse at a children’s home or homes. ‘

Citations:

[2009] EWCA Civ 827, [2009] LS Law Medical 524, [2009] Fam Law 1045, [2010] PIQR P3, [2010] 1 FLR 707, [2010] 1 WLR 516

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – McDonnell and Another v Walker CA 24-Nov-2009
The defendant appealed against the disapplication of section 11 of the 1980 Act under section 33.
Held: The appeal succeeded. The defendant had not contributed significantly to the delay: ‘the defendant received claims quite different in . .
Lists of cited by and citing cases may be incomplete.

Limitation, Personal Injury

Updated: 20 December 2022; Ref: scu.365610

Re H (Children): CA 23 Jun 2009

‘appeal by the Chief Constable of Sussex against an order of HHJ Stephen Lloyd, deputy circuit judge, dated 23 February 2009. By that order he refused an application by the Chief Constable for certain disclosure out of care proceedings before him, namely of the statements made by the parents of the relevant children, of the expert medical reports and of any judgments or schedule of agreed facts. Leave to appeal to this court was given by the judge himself. The essential thrust of the appeal is that the balancing exercise about disclosure performed by the judge was flawed, not least because through inadvertence he was not referred to certain rule changes to the Family Proceedings Rules 1991.’

Citations:

[2009] EWCA Civ 704, [2009] 2 FLR 1531

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 20 December 2022; Ref: scu.347733

The Independent Police Complaints Commission, Regina (On the Application of) v Commissioner Of Police Of the Metropolis: Admn 3 Jul 2009

Delay defeated Request for review

A police dog had bitten a child on his arrest. His mother complained and again at the handling of her complaint by the IPCC. The MPS had disciplined in accordance with a letter from the IPCC, and having acted refused to re-open the complaint.
Held: An early letter from the IPCC was a final decision on the matter. This depended not on their intention, but on the meaning of the words used. Furthermore the requests of the IPCC sought to control the decision which was in law one for the senior police officer. The case of Green distinguished between the right under section 76(7)(b) to require information and the power to require an investigation to be re-opened. There had been substantial delay, not least from the claimant. Relief refused.

Judges:

Stanley Burnton LJ

Citations:

[2009] EWHC 1566 (Admin)

Links:

Bailii

Statutes:

Police Act 1996 76(7)(b)

Jurisdiction:

England and Wales

Citing:

Cited – Clare, Regina (on the Application of) v Commissioner of Police; Independent Police Complaint Commission Admn 15-Apr-2005
The complainant had made a complaint against police officers of assault. Criminal proceedings against the complainant were discontinued by the Crown Prosecution Service. Following that acquittal her solicitors wrote with her complaint against them, . .
Cited – The Police Complaints Authority and Others v Regina CA 26-Mar-2002
Simon Brown LJ said: ‘Given the PCA’s right under section 76(7)(b) to such other information as they need for the purpose of reaching their section 76 decision, I am inclined to think that, if, after obtaining the complainant’s comments upon any . .
Cited – Regina v Police Complaints Authority ex parte Green HL 26-Feb-2004
Discovery was sought of statements created during the investigation of a complaint against a police officer. The claimant argued that a police officer had deliberately driven his car at him.
Held: The investigation by a separate police force . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 20 December 2022; Ref: scu.347443

Loader and Others, Regina (On the Application of) v Poole Borough Council and Another: Admn 18 Mar 2009

Application for judicial review of a decision by the defendant to grant planning permission for development of land near Poole Harbour to demolish five existing residential buildings and erect six two and three-storey blocks of flats.

Judges:

Sales J

Citations:

[2009] EWHC 1288 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 20 December 2022; Ref: scu.346914

Police Federation of England and Wales and Others, Regina (On the Application of) v the Secretary for the Home Department and Another: Admn 17 Mar 2009

The Claimants are challenging the decision of the Home Secretary to introduce new tables of lump sum commutation factors, for the purposes of Regulation B7(7) of the Police Pensions Regulations 1987

Judges:

Cox DBE J

Citations:

[2009] EWHC 488 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Police

Updated: 20 December 2022; Ref: scu.346915

Ikea Ltd and Others v Brown and Others: ComC 7 May 2009

Action short of standard for malicious prosecution

The claimants alleged a fraud by the eight defendants. The sixth defendant counterclaimed for damages alleging malicious prosecution. The claimant sought the strike out of the counterclaim.
Held: The allegations failed insofar as they related to the institution of civil proceedings. As to the criminal proceedings: ‘it is necessary show that the defendant falsely and maliciously gave evidence desiring and intending that a prosecution be brought, that the facts relating to the crime are exclusively within the defendant’s knowledge so that the prosecution authorities cannot exercise their independent judgment in the matter and that a prosecution is virtually inevitable.’ The defendant had not reached that standard, and the counterclaim was struck out.

Judges:

Teare J

Citations:

[2009] EWHC 955 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Moon v Kent County Council and Another 1995
. .
Cited – Gregory v Portsmouth City Council HL 10-Feb-2000
Disciplinary proceedings had been taken by the local authority against Mr Gregory, a council member, after allegations had been made that he had failed to declare conflicts of interest, and that he had used confidential information to secure a . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 20 December 2022; Ref: scu.341863

Doe Dem Capps v Capps: 6 May 1837

Upon staying proceedings in ejectment by mortgagee, on payment of debt and costs under 7 G. 2, c. 20, the costs are taxed only as between party and party and not as between attorney and client.

Citations:

[1837] EngR 711, (1837) 3 Bing NC 768, (1837) 132 ER 607 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Costs

Updated: 20 December 2022; Ref: scu.313828

Pocock v O’Shaunessy, Smith, Francis, And Bacon: 8 May 1837

Where plaintiff has failed against one of two defendants, and succeeded against the other, the successful defendant’s costs will be set off against the costs of the plaintiff without regard to the alleged lien of such plaintiff’s attorney, under Reg. Gen. Hil. 2 W. 4, I. 93, if it be shewn that the attorney is, substantially, the plaintiff in the cause.

Citations:

[1837] EngR 727, (1837) 6 Ad and E 807, (1837) 112 ER 310

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 20 December 2022; Ref: scu.313844

The Honourable Caroline Graves v Browning, A Prisoner: 8 May 1837

In an affidavit of debt, deponent described himself only as ‘acting as managing clerk ‘ to plaintiff’s attorney, whose place of business was named : Held, insufficient

Citations:

[1837] EngR 731, (1837) 6 Ad and E 805, (1837) 112 ER 309

Links:

Commonlii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 20 December 2022; Ref: scu.313848

Wyllie and Others v Phillips: 6 May 1837

After the service of a writ of summons Defendant paid the debt surreptitiously to Plaintiff’s clerk, without costs ; Plaintiff’s attorney, with a view to recover his costs, proceeded to deliver a declaration. The Court ordered proceedings to be stayed on payment of the costs of the writ of summons.

Citations:

[1837] EngR 723, (1837) 3 Bing NC 776, (1837) 132 ER 610 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Costs

Updated: 20 December 2022; Ref: scu.313840

The Archbishop of Canterbury v Daniel Tubb: 8 May 1837

Certain creditors of an intestate, having sued on an administration bond in the name of the archbishop, the obligee, without indemnifying him, and having alleged profert, upon which the Defendant craved oyer, Held, that this Court could not in lieu of oyer substitute a copy of the bond, or a production of it to Defendant’s attorney at the Register Office.

Citations:

[1837] EngR 730, (1837) 3 Bing NC 789, (1837) 132 ER 615

Links:

Commonlii

Jurisdiction:

England and Wales

Contract

Updated: 20 December 2022; Ref: scu.313847

Piercy v Gardner: 5 May 1837

A writ of intrusion is maintainable by one in remainder for an intrusion made after the determination of an estate pur autre vie. 2 A demandant who claims under a devise may maintain the writ. 3. The limitation of time for suing out the writ is fifty years.

Citations:

[1837] EngR 707, (1837) 3 Bing NC 748, (1837) 132 ER 599

Links:

Commonlii

Jurisdiction:

England and Wales

Land

Updated: 20 December 2022; Ref: scu.313824

‘Prince George’–(Shaw): 2 May 1837

An agreement for wages, as purser, having been entered into by a master and sole owner, the purser, prior to the ship’s sailing, signed the usual articles, but in which there was no rate of wages specified for him. After the completion of the outward voyage he ceased, by the master’s orders, to do duty as purser, but was not regularly suspended for neglect of duty, the wages pronounced for, and a mortgagee, who opposed them, condemned in costs.
Quaere, whether though the owner be bankrupt, and the ship has been sold, and the proceeds are Insufficient to pay mortgagees, a principal mortgagee has sufficient interest to oppose a mariner’s claim for wages?

Citations:

[1837] EngR 688, (1837) 3 Hag Adm 376, (1837) 166 ER 445

Links:

Commonlii

Jurisdiction:

England and Wales

Transport, Employment, Insolvency

Updated: 20 December 2022; Ref: scu.313805

Bowles v Jackson: 28 Apr 1854

A soldier under orders to proceed from his station in one Indian presidency to take part in the war going on in another; and making his will only two clays before he commenced the march, is not entitled to the privilege of a military testament.

Citations:

[1854] EngR 432, (1854) 1 Sp Ecc and Ad 294, (1854) 164 ER 170

Links:

Commonlii

Jurisdiction:

England and Wales

Wills and Probate, Armed Forces

Updated: 20 December 2022; Ref: scu.293289

Shah v Patel and others: CA 15 Aug 2008

The appellant had been committed after failing to file evidence with the registrar after, in the insolvency of the company, another director had filed false evidence to explain missing funds. However the order had required the documents to be filed with his solicitors, and at the time he had none.
Held: The appeal failed. No reasonable man of business would have acted as had the defendant.

Judges:

Mummery LJ, Jacob LJ, Stanley Burnton LJ

Citations:

[2008] EWCA Civ 979, [2010] BPIR 496

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Crystalmews Ltd (in Liquidation) v Metterick and others ChD 25-Oct-2006
Freezing orders had been made in the course of winding up proceedings after the company was found to have been involved in VAT fraud. Applications were made for the committal of defendants for breach of the freezing orders. . .
Cited – Lexi Holdings Plc v Luqman and others ChD 2-Jul-2007
Application was made for the committal to prison for contempt of court by the first defendant for breaches of court orders. . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Insolvency

Updated: 20 December 2022; Ref: scu.276835

O2 Holdings Limited and O2 (UK) Limited v Hutchison 3G UK Limited: ECJ 12 Jun 2008

Use of trade mark in coparative advertising

Europa Trade marks Directive 89/104/EEC Article 5(1) Exclusive rights of the trade mark proprietor Use of a sign identical with, or similar to, a mark in a comparative advertisement Limitation of the effects of a trade mark – Comparative advertising Directives 84/450/EEC and 97/55/EC Article 3a(1) Conditions under which comparative advertising is permitted Use of a competitor’s trade mark or of a sign similar to that mark.

Citations:

[2008] EUECJ C-533/06, Times 17-Jun-2008, [2008] ECR I-4231, [2008] 3 CMLR 14, [2009] Bus LR 339

Links:

Bailii

Jurisdiction:

European

Citing:

Advocate General’s Opinion – O2 Holdings Limited and O2 (UK) Limited -v -Hutchison 3G UK Limited ECJ 31-Jan-2008
ECJ (Opinion of Advocate General Mengozzi) Directive 84/450/EEC Comparative advertising Use of a competitor’s trade mark or of a sign similar to a competitor’s trade mark in comparative advertising Applicability . .

Cited by:

Cited – L’Oreal Sa and Others v Ebay International Ag and Others ChD 22-May-2009
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site.
Held: The ECJ had not yet clarified the law on accessory liability in trade mark . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 20 December 2022; Ref: scu.277760

Wilkie v Scottish Aviation: SCS 24 Feb 1956

The pursuer chartered surveyor sought payment for his work. No price had been agreed and the pursuer sought payment in accordance with standard rates published by his Institution. The defender sought to make payment on quantum meruit basis.
‘If a person employs a professional man to perform some service and makes no inquiry as to the basis upon which the professional man is to be remunerated for this service, it is not unreasonable that he should pay for the service on the usual and customary basis. It is not open to him to complain that he is unaware of it, if he has never even taken the trouble to ascertain it before engaging another to do work for him without specifying a precise fee.’

Citations:

[1956] ScotCS CSIH – 1

Links:

Bailii

Jurisdiction:

Scotland

Contract

Updated: 20 December 2022; Ref: scu.279444