Beeton, Regina v: CACD 6 Jun 2008

B pleaded guilty to four counts of perverting the course of justice and was sentenced to 4 years’ imprisonment on each count to run concurrently. False allegations of rape.
Held: ‘having regard to the authorities to which our attention has been drawn, we consider that the sentence of 4 years on a guilty plea for which full credit was given is too long. Taking account of all the factors to which we have referred, our conclusion is that that sentence should be quashed and substituted with one of 3 years.’

Citations:

[2008] EWCA Crim 1421, [2009] 1 Cr App Rep (S) 46

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 12 December 2022; Ref: scu.270592

Racal Group Services Limited v Ashmore: CA 1995

The company had covenanted to pay an annual sum to charity. Since the last payment under the covenant was to be made less than three years after the execution of the deed, an intended tax advantage was not secured.
Held: The company’s appeal failed, and the court denied rectification, on the footing that the company had failed to establish to the required standard that the covenant did not give effect to its true intention. Peter Gibson LJ approved a statement as to rectification in Snells Equity: ‘What is rectified is not a mistake in the transaction itself, but a mistake in the way in which transaction has been expressed in writing’.

Judges:

Peter Gibson LJ

Citations:

[1995] STC 1151

Jurisdiction:

England and Wales

Cited by:

Cited – Oun v Ahmad ChD 19-Mar-2008
The parties agreed in writing for the sale of leasehold property to the claimant. One document had been signed, but later one said that it had not included an aportionment. Another document then set out the apportionment. When the defendant refused . .
Cited – Ashcroft v Barnsdale and Others ChD 30-Jul-2010
The parties sought to rectify a deed of family arrangement varying a will. The variation deed had had several mistakes which in fact increased the sum of Inheritance Tax owed. HMRC refused to accept the rectification deed unless approved by the . .
Cited – FSHC Group Holdings Ltd v Glas Trust Corporation Ltd CA 31-Jul-2019
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 . .
Lists of cited by and citing cases may be incomplete.

Equity

Updated: 12 December 2022; Ref: scu.266514

Co-operative Wholesale Society Ltd v National Westminster Bank plc: CA 1995

The court considered the proper construction of rent review clauses in several cases. The underlying result which the landlords sought in each case was the same.
Held: It was a most improbable commercial result. Where the result, though improbable, flowed from the unambiguous language of the clause, the landlords succeeded, whereas where it did not, they failed. The ordinary principles of construction applied to rent review clauses.
Hoffmann LJ discussed Lord Diplock’s admonition that in a commercial contract too much weight should not be given to ‘detailed semantic and syntactical analysis of words . . [if it] is going to lead to a conclusion that flouts business commonsense’ and said: ‘This robust declaration does not, however, mean that one can rewrite the language which the parties have used in order to make the contract conform to business commonsense. But language is a very flexible instrument and, if it is capable of more than one construction, one chooses that which seems most likely to give effect to the commercial purpose of the agreement.’
Simon Brown LJ said that, having regard to the improbable result for which the landlords contended, only the most unambiguous of such clauses could properly be found to bear the landlords construction and that in the case of only one of the leases did the clause ‘unambiguously . . achieve the improbable result for which the landlords contend’, though as to two fo the cases, ‘For my part, I would accept that the more obvious reading of both favours the landlord’s construction. I am persuaded, however, that they are capable of being, and therefore, for the reasons already given, should be, construed differently.’

Judges:

Hoffmann, Leggatt and Simon Brown LJJ

Citations:

[1995] 1 EGLR 97

Jurisdiction:

England and Wales

Citing:

Cited – Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’) HL 1984
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them.
Held: Though he deprecated extending the use of the . .

Cited by:

Cited – Oxonica Energy Ltd v Neuftec Ltd PatC 5-Sep-2008
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 . .
Cited – Rainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011
Commercial Sense Used to Interpret Contract
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . .
Cited – Kookmin Bank v Rainy Sky Sa and Others CA 27-May-2010
The defendant bank appealed against summary judgment given on a claim on its obligations under an advance payment bond given to support ship-building contracts.
Sir Simon Tuckey (dissenting) said: ‘There is no dispute about the principles of . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.273181

4 Eng Ltd v Harper and Another: ChD 29 Apr 2008

The claimant sought damages for deceit in the purchase of shareholdings fropm the defendants. The defendants objected that the damages claimed were for a loss of chance and were irrecoverable.
Held: Such damages might be recoverable in an action for deceit. Though there was no previous case directly on the point, there was no reason in principle why such a claim might not be made.

Judges:

David Richards J

Citations:

[2008] EWHC 915 (Ch), Times 23-Jun-2008, [2008] Bus LR 1698, [2009] Ch 91, [2008] 3 WLR 892

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – East v Maurer CA 1991
The plaintiffs had bought a hair dressing salon from the defendant, who continued to trade from another he owned, despite telling the plaintiffs that he intended not to. The plaintiffs lost business to the defendant. They invested to try to make a . .
Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Lists of cited by and citing cases may be incomplete.

Company, Contract, Damages

Updated: 12 December 2022; Ref: scu.270459

KH (Funding, RS Followed) Turkey: AIT 25 Jul 2007

AIT 1. It is now established that save in exceptional circumstances the grant of an order for reconsideration means that a funding order will be made if applicable: see RS (Funding-meaning of ‘significant prospect’) Iran [2005] UKAIT 00138 and reg 6(3) of the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005.
2. Deciding whether there was a significant prospect that the appeal would be allowed upon reconsideration means considering what the position was ‘at the time when the appellant made the section 103A application’; it is not an exercise in hindsight based on how things appear later to an immigration judge in the light of further evidence and/or submissions.

Citations:

[2008] UKAIT 00068

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 12 December 2022; Ref: scu.277826

Paul v East Surrey District Health Authority: CA 1995

Only in exceptional cases will different treatment of employees of itself amount to an unfairness.

Citations:

[1995] IRLR 305

Jurisdiction:

England and Wales

Citing:

Appeal from – East Surrey District Health Authority v Paul EAT 4-May-1993
. .

Cited by:

Cited – Associated Society of Locomotive Engineers and Firemen v Brady EAT 31-Mar-2006
The reason adduced by the union for the dismissal of the climant was found by the Tribunal on the facts not to be the true reason for dismissal, the true reason being the union executive committee’s political antipathy to Mr Brady.
Held: It . .
Cited – Epstein v Royal Borough of Windsor and Maidenhead EAT 15-Nov-2007
EAT Unfair dismissal – Reasonableness of dismissal
Dismissal by Employment Tribunal of Appellant lifeguard’s claim for unfair dismissal challenged, because the Tribunal is said to have erred in not . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 12 December 2022; Ref: scu.276828

ASM Shipping Ltd of India v TTMI Ltd of England: Admn 20 Apr 2007

Application to remove arbitrators.

Judges:

Andrew Smith J

Citations:

[2007] EWHC 927 (Admin)

Statutes:

Arbitration Act 1996 96

Jurisdiction:

England and Wales

Citing:

See Also – ASM Shipping Ltd of India v TTMI Ltd of England CA 16-Oct-2006
The court at first instance had dismissed the ship-owner’s application to set aside the arbitration award, and then refused leave to appeal. The court of appeal had to consider whether it had jurisdiction itself to hear an application for leave.
See Also – ASM Shipping Ltd of India v TTMI Ltd of England ComC 19-Oct-2005
The court upheld an objection to one member of the arbitration panel for apparent bias, but refused to set aside a preliminary decision of the panel. . .
See Also – TTMI Ltd of England v ASM Shipping Ltd of India ComC 23-Nov-2005
. .
See Also – ASM Shipping Ltd of India v TTMI Ltd of England ComC 20-Apr-2007
. .

Cited by:

See Also – ASM Shipping Ltd v Harris and others ComC 28-Jun-2007
Objection was made the panel selected to undertake an arbitration. It was said that one member of the panel had been found to be subject to proper objectin for an apparent bias, and that the remaining panel members should recuse themselves for . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 12 December 2022; Ref: scu.251466

Cumpsty, Regina (on the Application of) v Rent Service: Admn 8 Nov 2002

Judges:

Pitchford J

Citations:

[2002] EWHC 2526 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Heffernan, Regina (on the Application of) v the Rent Service Admn 10-Oct-2006
The claimant sought judicial review of the redetermination of housing benefits payable in respect of two flats rented out by him. The rent office said that the regulations were merely intended to put in statute form the previous practice used when . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 12 December 2022; Ref: scu.251515

Hardy v Sefton Metropolitan Borough Council: Admn 27 Jul 2006

Appeal against finding of liability to pay council tax.
Held: A Magistrates’ Court which is invited to make a liability order may be entitled to refuse to make such an order in a case where there has been a serious breach of the mandatory provisions of the Collection Regulations which has caused prejudice to the ratepayer.

Judges:

Walker J

Citations:

[2006] EWHC 1928 (Admin)

Links:

Bailii

Statutes:

Local Government Finance Act 1992

Jurisdiction:

England and Wales

Cited by:

Cited – North Somerset District Council v Honda Motor Europe Ltd and Others QBD 2-Jul-2010
Delayed Rates Claims Service made them Defective
The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created . .
Lists of cited by and citing cases may be incomplete.

Rating

Updated: 12 December 2022; Ref: scu.249136

Broadway Investments Hackney Ltd v Grant: CA 20 Dec 2006

The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to the claimant, who now sought possession through forfeiture. The defendant sought relief and asserted that he himself had a contract to purchase the property from the authority. The court had found it to be a business tenancy, and that since the defendant could not afford to discharge the arrears within two years, possession was ordered. The defendant appealed claiming protection as an assured residential tenant. The landlord now appealed.
Held: The tenancy was a business tenancy. As soon as a significant part of the premises was let for business purposes as was undoubtedly the case here, the tenancy was regulated by the 1954 Act, and could not be an assured tenancy.

Judges:

Sir Anthony Clarke MR, Lloyd LJ, Leveson LJ

Citations:

Times 04-Jan-2007, [2006] EWCA Civ 1709

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954 Part II

Jurisdiction:

England and Wales

Citing:

Cited – Barton v Fincham CA 1921
Where the court lacks jurisdiction, jurisdiction cannot be conferred merely by the consent of the parties. Atkin LJ said: ‘but apart from such an admission the Court cannot give effect to an agreement, whether by way of compromise or otherwise, . .
Cited – Norwich Union Life Insurance Society v Low Profile Fashions Ltd CA 1952
The landlord claimed for arrears of rent. The tenancy had been assigned quickly three times. The tenant argued that the landlord should be restrained from pursuing a remedy against the original tenant when, with the new alternative remedies against . .
Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Cited – Reichman and Another v Beveridge CA 13-Dec-2006
The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking . .
Cited – Jervis v Harris CA 9-Nov-1995
A provision in the lease obliged a tenant to carry out repairs and provided that if he did not do so, the landlord might do the repairs and recover from the tenant the costs and expenses of doing so.
Held: The provision was not a penalty. The . .
Cited – White and Carter (Councils) Ltd v McGregor HL 6-Dec-1961
Contractor not bound to accept Renunciation
Mr McGregor contracted with the appellants for them to display advertisements for three years on litter bins. The contract was made on his behalf by an employee, without specific authority. On the day it was made, he sought to cancel the contract. . .
Cited – Cheryl Investments v Saldanha CA 1978
Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business.
Held: The Act will apply so long as the business activity is a significant purpose of . .
Cited – Pirabakaran v Patel and Another CA 26-May-2006
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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.247481

De Freitas v O’Brien: CA 2 Feb 1995

The plaintiff appealed refusal of her claim for damages for personal injury.

Judges:

Leggatt LJ, Swinton Thomas LJ, Otton LJ

Citations:

[1995] EWCA Civ 28, [1995] PIQR 281, [1995] 6 Med LR 108, [1955-95] PNLR 680

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Professional Negligence

Updated: 12 December 2022; Ref: scu.259338

Veitch and Another v Avery: CA 12 Jul 2007

The claimants appealed the award of only nominal damages after they succeeded in their claim against their solicitors for negligence in their conduct of the defence of a mortgage possession action.
Held: The appeal failed. The judge was correct to find that the claimants would not have received continuing support for the business. ‘There is no hard and fast rule in negligence cases that the measure of the loss is to always be identified by reference to, and quantified as at, the date of the breach of duty. It depends; it turns on the facts and the application to them of common-sense, an essentially evaluative role for the judge of first instance.’

Citations:

[2007] EWCA Civ 711

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Cited – Galoo Ltd and Others v Bright Grahame Murray CA 21-Dec-1993
It is for the Court to decide whether the breach of duty was the cause of a loss or simply the occasion for it by the application of common sense. A breach of contract, to found recovery, must be shown to have been ‘an ‘effective’ or ‘dominant’ . .
Cited – Clement v Dixon Jones CA 2005
In a professional negligence claim where the claimant alleges negligence in defending a mortgagee possession action, and the claim engages the loss of chance principle, the question is not as to the likely outcome of the possession claim had it been . .
Cited – Smith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
Cited – Standard Chartered Bank v Pakistan National Shipping Corporation and Others (No 3) ComC 27-May-1998
A company making a false statement on a bill of lading would be held liable for the tort of deceit when it knew that the bill must be relied upon by bankers and others making arrangements on its contents. A claimant ‘cannot recover for a loss . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 12 December 2022; Ref: scu.254570

Reichman and Another v Beveridge: CA 13 Dec 2006

The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking another tenant.
Held: The defendant’s appeal against a ruling that a landlord was under no duty to mitigate his loss failed. The need to mitigate a loss arose for other breaches of covenant, but not in the case of arrears of rent.
Lloyd LJ said: ‘on the present state of English law, the . . defence on quantum is not open to him. I do not decide whether or not repudiation plays any, and if so what, part in the English law of landlord and tenant. That is not directly in issue before us. . . There is, however, no case in English law that shows that a landlord can recover damages from a former tenant in respect of loss of future rent after termination, and there is at least one case which decides that he cannot. In those circumstances, either damages are not an adequate remedy for the landlord, or at least the landlord would be acting reasonably in taking the view that he should not terminate the lease because he may well not be able to recover such damages. In principle, moreover, if the landlord chooses to regard it as up to the tenant to propose an assignee, sub-tenant or, if he wishes, a substitute tenant under a new tenancy, rather than take the initiative himself, that is not unreasonable, still less wholly unreasonable.’

Judges:

Lord Justice Auld, Lord Justice Rix and Lord Justice Lloyd

Citations:

[2006] EWCA Civ 1659, [2007] Bus LR 41

Links:

Times, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Boyer v Warbey CA 1953
The tenant had vacated without notice, whereas he was bound to give three months’ notice. The landlord did re-let, and sued for the rent due up to the date of the re-letting (some three months) which the tenant resisted, claiming that the landlord . .
Cited – Total Oil Great Britain Ltd v Thompson Garages (Biggin Hill) Ltd CA 1972
The defendants held a lease from the plaintiffs of a garage, the lease containing a solus-site agreement, preventing the defendants from selling any petrol but the plaintiffs’ and requiring the defendants to pay for petrol on delivery. The . .
Cited – Hammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
Cited – Vickers and Vickers v Stichtenoth Investments Pty Ltd 1989
(Supreme Court of South Australia) The court considered whether a landlord faced with a tenant who had vacated the property was under a duty to mitigate his losses: ‘There is no reason why in modern times mitigation of damage should not apply. It is . .
Cited – White and Carter (Councils) Ltd v McGregor HL 6-Dec-1961
Contractor not bound to accept Renunciation
Mr McGregor contracted with the appellants for them to display advertisements for three years on litter bins. The contract was made on his behalf by an employee, without specific authority. On the day it was made, he sought to cancel the contract. . .
See Also – Reichmann and Another v Gauntlett and Another CA 20-Jun-2006
Application for leave to appeal. Defendant tenant arguing that landlord had duty to mitigate losses after tenant vacates premises. Leave granted. . .
Cited – United Scientific Holdings v Burnley Borough Council HL 1978
The House was asked whether a failure by a lessor to keep strictly to the timetable laid down in a rent review clause in a lease necessarily deprived the lessor of the benefit of the rent review.
Held: A stipulation as to time in an option . .
Cited – National Carriers Ltd v Panalpina (Northern) Ltd HL 11-Dec-1980
No Frustration of Lease through loss of access
The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated.
Held: The lease was not frustrated. The lease had a term of ten . .
Cited – White and Carter (Councils) Ltd v McGregor HL 6-Dec-1961
Contractor not bound to accept Renunciation
Mr McGregor contracted with the appellants for them to display advertisements for three years on litter bins. The contract was made on his behalf by an employee, without specific authority. On the day it was made, he sought to cancel the contract. . .
Cited – Jervis v Harris CA 9-Nov-1995
A provision in the lease obliged a tenant to carry out repairs and provided that if he did not do so, the landlord might do the repairs and recover from the tenant the costs and expenses of doing so.
Held: The provision was not a penalty. The . .
Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Cited – Bhogal v Cheema 1999
The court considered a claim by the landlord that a surety under a lease which had been disclaimed by the liquidator of the tenant company was liable for rent arrears. The surety replied that after the disclaimer, the landlord was obliged to . .
Cited – Gator Shipping Corporation v Trans-Asiatic Oil Ltd, The Odenfeld 1978
The parties entered into charter for a basic period of ten years. After the first two years the charter hire rate was to be assessed by the London Tanker Broker Panel, subject to a minimum. A side letter from the owners to the defendants contained a . .
Cited – Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago CA 1976
The parties entered into a charterparty by demise of a bulk carrier. It was in a state of disrepair. The owners required the charterers to repair it before redelivery, and claimed hire losses until it was returned repaired. The extensive repairs . .
Cited – Ocean Marine Navigation Ltd v Koch Carbon Inc (‘The Dynamic’) ComC 31-Jul-2003
The arbitrator had held in favour of the charterers that the owners were limited to damages and could not claim hire. The owners appealed.
Held: The arbitrator had not applied the law correctly in rejecting the owners’ claim to hire, and he . .
Cited – Walls v Atcheson CCP 19-Apr-1826
The tenant took premises for a year, occupied them and paid rent for a quarter and then left. The landlord re-let the premises a few weeks later, at a slightly lower rent, and they remained let for some months, but they were empty for the last two . .
Cited – Norwich Union Life Insurance Society v Low Profile Fashions Ltd CA 1952
The landlord claimed for arrears of rent. The tenancy had been assigned quickly three times. The tenant argued that the landlord should be restrained from pursuing a remedy against the original tenant when, with the new alternative remedies against . .
Cited – Tall-Bennett and Co Pty Ltd v Sadot Holdings Pty Ltd 1988
(Supreme Court of New South Wales) The tenant abandoned the premises. When the landlord sought recovery of the subsequent rents, the tenant argued that he had a duty to mitigate his losses.
Held: The tenant failed. If the tenant wants to go . .
Cited – Progressive Mailing House Pty Ltd v Tabali Pty Ltd 12-Mar-1985
Austlii (High Court of Australia) Landlord and Tenant – Torrens system land – Unregistered lease – Effect – Covenant to pay rent – Breach – Re-entry – Right of landlord to damages for loss of benefit of covenant . .
Cited – Maridakis v Kouvaris 1975
(Supreme Court of the Northern Territory, Australia) The tenant walked out on a lease. He returned the keys and left the premises. The landlord then closed and secured the premises and sought a replacement tenant. The landlord was, however, very . .
Cited – Highway Properties Ltd v Kelly, Douglas and Co 1-Feb-1971
(Supreme Court of Canada) Landlord and tenant – Repudiation by tenant of lease of certain premises and its consequent abandonment of said premises – Possession taken by landlord with contemporaneous assertion of right to full damages according to . .
Cited – Clea Shipping Corp v Bulk Oil International, The Alaskan Trader (No 2) 1984
The 24 month charterparty vessel suffered a major engine breakdown after nearly a year. The repairs would take several months. The charterers said they had no further use for the vessel but the owner did the repairs and sought to hold the charterers . .

Cited by:

Cited – Broadway Investments Hackney Ltd v Grant CA 20-Dec-2006
The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.246994

Regina v Warwickshire County Council, Ex parte Collymore: 1995

The court questioned the over rigid application of a policy in a decision by the respondent.

Judges:

Judge J

Citations:

[1995] ELR 217

Jurisdiction:

England and Wales

Cited by:

Cited – Rogers, Regina (on the Application of) v Swindon NHS Primary Care Trust CA 12-Apr-2006
The claimant challenged the policy of her local health authority not to allow prescription to her of the drug Herceptin.
Held: The policy had not been settled upon lawfully and was to be set aside. On the one hand the PCT developed a policy . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 12 December 2022; Ref: scu.240374

Lawson v Glaves-Smith, Executor of the Estate of Dawes (Deceased): QBD 14 Nov 2006

The claimant sought damages saying that she had been falsely imprisoned, raped and drugged by the defendant who had since died.
Held: The court had only the evidence of the claimant, and must be careful in examining it. On that evidence the case was found to be established. Such allegations fell to be treated as in a special class, and substantial damages were awarded.

Judges:

Eady J

Citations:

[2006] EWHC 2865 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Griffiths v Williams CA 21-Nov-1995
The Defendant landlord had demanded rent arrears and said that if the Claimant did not do what he wanted he would evict her from her flat. He forcibly raped her and then fought a criminal trial, alleging that sexual relations had been consensual and . .
Cited – Heil v Rankin CA 13-Jun-2000
Where supervening events might contribute to the personal injury suffered, the proper approach in apportioning compensation in respect of one occasion was in general terms to provide just and sufficient compensation for the injury caused without . .
Cited – Richardson v Howie CA 13-Aug-2004
The claimant sought damages for assault. In the course of a tempestuous relationship, she said the respondent had physically assaulted her in Barbados. He was later convicted of soliciting her murder. She sought and was awarded aggravated damages, . .
Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Cited – Doyle (By Her Mother and Next Friend) v Wallace CA 18-Jun-1998
A court awarding personal injury damages could make allowance for a prospective increase in salary which a claimant might have achieved upon completion of qualifications. In this case an increase was allowed at half up from an administrative pay . .

Cited by:

Cited – AT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other

Updated: 12 December 2022; Ref: scu.246010

Padolecchia v Padolecchia: FD 1968

Ante-nuptial domicile sets capacity law

The husband domiciled in Italy was divorced from his first wife in Mexico. The divorce was not recognised in Italy. The husband then went to live in Denmark and during a one day visit to England went through a ceremony of marriage with a woman domiciled in Denmark. Following the ceremony, the parties returned to Denmark to live.
Held: The law governing the capacity of a party for marriage is governed by their ante-nuptial domicile. As the Mexican divorce was not recognised in Italy the husband had no capacity to marry by the law of his domicile and therefore the marriage was void.

Judges:

Sir Jocelyn Simon P

Citations:

[1968] P 314

Jurisdiction:

England and Wales

Cited by:

Cited – Wilkinson v Kitzinger and others FD 31-Jul-2006
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 12 December 2022; Ref: scu.244722

Director of Public Prosecutions v Brooks: PC 1974

The defendant appealed against a conviction for the possession of drugs.
Held: ‘In the ordinary use of the word ‘possession’, one has in one’s possession whatever is, to one’s knowledge, physically in one’s custody or under one’s physical control.’

Judges:

Lord Diplock

Citations:

[1974] AC 862, (1974) 59 Cr App R 185, [1974] 2 All ER 840

Jurisdiction:

England and Wales

Cited by:

Cited – Porter, Regina v CACD 16-Mar-2006
The defendant appealed his conviction of possession of indecent photographs or pseudo-photographs of children. The images had been deleted, and were irrecoverable, but they had originally been viewed through a program which created a smaller . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 12 December 2022; Ref: scu.242678

Healey v Brown: ChD 25 Apr 2002

The two deceased had made mutual wills bequeathing the family home. The survivor transferred the property during his life to defeat the agreement. It was now said that the arrangement fell foul of the 1989 Act and was unenforceable.
Held: Subject to the 1989 Act the arrangement was enforceable. As to the 1989 Act: ‘section 2(1) deprives any non-compliant agreement of the legal status and hence effect of a binding contract, where section 40 of the 1925 Act (and the predecessor Statute of Frauds) had simply rendered such an agreement unenforceable.’ and ‘as a matter of both principle and authority, that the agreement embodied in mutual non-revocable wills containing a bequest of land is a contract for the disposition of land.’ If section 2 did apply the documents would not satisfy it, and ‘section 2(1) of the 1989 Act applies so as to deprive the mutual will compact of any legal effect as a contract. The significance of this conclusion lies in the fact that the mutual wills doctrine is anchored in contract, and presupposes a legally binding agreement.’ However the doctrine of part performance could in this case be applied to impose a trust on the defendant.

Judges:

David Donaldson QC HHJ

Citations:

[2002] 19 EG 147, [2002] EWHC Ch 1405, (2002) 19 EG 147

Links:

Bailii

Statutes:

Law Reform (Miscellaneous Provisions) Act 1989 2

Jurisdiction:

England and Wales

Citing:

Cited – Dufour v Pereira 1769
Nature of Joint and Mutual Wills
The court was asked as to the validity and effect of a single joint will.
Held: Lord Camden considered the nature of joint or mutual wills. Lord Camden LC said: ‘The parties by mutual will do each of them devise, upon the engagement of the . .
Cited – Re Heys 1914
Any will, even when stated to be non-revocable, is at law by its nature revocable by a testator, and even where the testator has agreed contractually with another person not to revoke it, a subsequent will in breach of any such agreement will . .
Cited – Gray v Perpetual Trustee Co Ltd PC 12-Jun-1928
The Board considered a claim that wills had been mutual. Viscount Haldane said: ‘The case before us is one in which the evidence of an agreement, apart from that of making the wills in question, is so lacking that they are unable to come to the . .
Cited – Birmingham v Renfrew 11-Jun-1937
(High Court of Australia) Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Latham CJ described a mutual will arrangement as . .
Cited – Horton v Jones 1935
(High Court of Australia) A claim by plaintiff against the personal representatives of her ex-employer for breach of an oral agreement by him to make a will leaving her property which would include interests in land failed on the ground that it fell . .
Cited – Goodchild and Another v Goodchild CA 2-May-1997
The deceased and his wife made wills in virtually identical form. The husband changed his will after their divorce, but his son and other wife claimed that the couple had intended the wills to be part of a larger arrangement of their affairs, . .
Cited – In re Dale dec’d ChD 1994
The taking of a benefit on the strength of a binding engagement is enough to create a constructive trust. For this doctrine to apply there must be a contract at law. For the doctrine of mutual wills to apply it is not necessary that the second . .
Cited – In re Cleaver dec’d, Cleaver v Insley ChD 1981
Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust.
Nourse J said: ‘The principle of all these cases is that a court of . .
Cited – Maddison v Alderson HL 1883
The requirement of the doctrine of part performance is that the acts of part performance relied upon must be ‘referable’ to the contract sued on. The principle underlying the doctrine of part performance was expressed by Lord Selborne: ‘In a suit . .
Cited – Lloyds Bank plc v Rosset HL 29-Mar-1990
The house had been bought during the marriage but in the husband’s sole name. The plaintiff’s charge secured the husband’s overdraft. The bank issued possession proceedings. Mr Rosset had left, but Mrs Rosset claimed, as against the bank an interest . .
Cited – Ottaway v Norman ChD 1971
Proof required for mutual wills claim
The testator devised his house to a Miss Hodges intending that she should dispose of the property in her will to specific individuals. He communicated his intention to her and she agreed to it. After the testator’s death, Miss Hodges changed her . .

Cited by:

Cited – Legg and Another v Burton and Others ChD 11-Aug-2017
Testing for Mutual Wills
The parties disputed whether wills were mutual. The claimants challenged the probate granted to a later will of their deceased mother, saying that her earlier will had been mutual and irrevocable after the death of their father.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Land, Equity

Updated: 12 December 2022; Ref: scu.246958

Tee v Tee: CA 1974

Citations:

[1974] 1 WLR 213

Jurisdiction:

England and Wales

Cited by:

See Also – Tee v Tee, John Arthur Hillman Co CA 22-Mar-1999
The wife and her second husband occupied a property in the joint names of herself and of her first husband, who, following their divorce, had applied under the Act of 1973 for a lump sum order reflective of his equal beneficial interest in it to be . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 12 December 2022; Ref: scu.242417

McNight v Davies: 1974

The court considered whether a driver had teken a vehicle without the owners consent, and having had that consent for one purpose, continued to use the car beyond that purpose: ‘[n]ot every brief, unauthorised diversion from his proper route by an employed driver in the course of his working day [would] necessarily involve a ‘taking’ of the vehicle for his own use’. The test was whether ‘he appropriate[d] it to his own use in a manner which repudiates the rights of the true owner, and shows that he has assumed control of the vehicle for his own purposes’.

Judges:

Lord Widgery CJ

Citations:

[1974] RTR 4

Statutes:

Theft Act 1968 12

Jurisdiction:

England and Wales

Citing:

Approved – Regina v Phipps CACD 1970
Where a person has been given permission by the owner of a motor vehicle to take and use it for a particular purpose, but on completion of that purpose fails to return it and thereafter uses it without any reasonable belief that the owner would . .

Cited by:

Cited – McMminn v McMinn and Another QBD 11-Apr-2006
The claimant had been severely injured in a car crash when his younger brother was driving. The driver did not have the owner’s permission to drive, and the insurer sought to avoid laibility.
Held: ‘insurers do not have to prove that the . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Crime

Updated: 12 December 2022; Ref: scu.242638

Jeune v Queens Cross Properties Ltd: 1974

The lease contained a covenant by the landlord to carry out repairs. A balcony of his, not within the area let, was at risk of collapsing.
Held: Damages alone would be not an adequate remedy. The court ordered specific performance of the landlord’s covenant.

Citations:

[1974] Ch 97

Jurisdiction:

England and Wales

Cited by:

Cited – Co-Operative Insurance Society Ltd v Argyll Stores HL 21-May-1997
The tenants of a unit on a large shopping centre found the business losing money, and closed it in contravention of a ‘keep open’ clause in the lease. They now appealed from a mandatory injunction requiring them to keep the store open.
Held: . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Equity

Updated: 12 December 2022; Ref: scu.245599

Smith v Gale: ChD 1974

Three solicitors were in partnership. It was agreed that one would retire. He would take 10,000 pounds on retirement and his share of undrawn profits after an account had been taken. When the accountant certified the profits in line with previous partnership practice, the other partners objected to the sum payable, saying undrawn profits had been appropriated for the purchase of capital assets. New accounts were drawn reflecting this. The retiring partner objected to the result, saying the accountant had already given his certificate under the agreement, and sought a declaration as to what sum was payable. The other partners said that the accountant having given his certificate, the court had no jurisdiction to make any order.
Held: There had been no agreement for the second certificate, and the retiring partner was not bound by it. The court had full jurisdiction to make the declaration sought, and would exercise its discretion to make it in order to avoid leaving the retiring partner with no relief without a new certificate. There was no way of restoring the position. Once the error of principle was properly established it would be possible to establish from the draft accounts what sum would properly be certifiable.

Judges:

Goulding J

Citations:

[1974] 1 All ER 401, [1974] 1 WLR 9

Jurisdiction:

England and Wales

Citing:

Cited – Frank H Wright (Contractors) Ltd v Frodoor Ltd 1967
There was an error on the face of the certifcate of an accountant. The court looked at when it might go behind the certificate of an accountant on a question referred to him by agreement of the parties.
Held: In this case the error was . .
Cited – Dean v Prince 1953
An auditor had valued the shares in a private company under its articles. The court was asked to look behind the valuation: ‘In my judgment the valuation cannot stand. I propose, therefore, to declare that the valuation is not binding upon the . .
Lists of cited by and citing cases may be incomplete.

Company

Updated: 12 December 2022; Ref: scu.238764

Scottish and Newcastle Plc v Raguz: ChD 11 Apr 2006

The defendant had taken assignments of the term of two underleases from the claimant, and then re-assigned them to a limited company with guarantors of the rent, and they in turn re-assigned the leases. The last company became insolvent. The landlord and the claimants and receivers agreed to look for a further assignee and therefore continued the business. By the time it was sold the arrears were much larger. The arrears were recovered from the claimants who now claimed under his indemnity. There had however been a rent review which was delayed. The defendant said that section 17 of the 1995 Act prevented the increase in rent being backdated more than six months, and that it need only indemnify the claimant for payment of sums for which it had an obligation to pay, and that the section 17 notices were incorrect.
Held: The rent was due at the date of its accrual, and not at the date upon which it could be demanded on completion of the review.

Judges:

Mr Justice Hart

Citations:

[2006] EWHC 821 (Ch), [2006] 4 All ER 524

Links:

Bailii

Statutes:

Landlord and Tenant (Covenants) Act 1995, Land Registration Act 1925 24(1)(b), Landlord and Tenant (Covenants) Act 1995 (Notices) Regulations 1995 (SI No 1995/2964)

Jurisdiction:

England and Wales

Citing:

See Also – Scottish and Newcastle Plc v Raguz ChD 27-Jul-2004
The claimant had previously assigned its interest in a lease to the defendant, who had in turn re-assigned it. The eventual tenant became insolvent, and the landlord had recovered sums from the claimant who now sought an indemnity under the covenant . .
See Also – Scottish and Newcastle Plc v Raguz CA 24-Jul-2003
Leases had been granted. They had been assigned to the defendant who had assigned them again. The last assignee became insolvent and statutory demands were served on the claimant under the 1995 Act for rent. The claimant paid the sums due and now . .
Cited – Allied London Investments Ltd v Hambro Life Assurance Ltd (No 2) ChD 1984
The lessors sued the original lessees for rent due under the lease after the term had been assigned to another. The lessors had given a licence to assign and the licence contained a guarantee from a third party to the lessors that the assignee would . .
Cited – United Scientific Holdings v Burnley Borough Council HL 1978
The House was asked whether a failure by a lessor to keep strictly to the timetable laid down in a rent review clause in a lease necessarily deprived the lessor of the benefit of the rent review.
Held: A stipulation as to time in an option . .
Cited – South Tottenham Land Securities Ltd v R and A Millett (Shops) Ltd CA 1984
The court considered on what date the increased rent determined by a rent review fell due for payment.
Held: O’Connor LJ refused the appeal: ‘If the parties choose to put into a lease that rent is due on quarter days, then there are good . .
Cited – Jervis v Harris CA 9-Nov-1995
A provision in the lease obliged a tenant to carry out repairs and provided that if he did not do so, the landlord might do the repairs and recover from the tenant the costs and expenses of doing so.
Held: The provision was not a penalty. The . .

Cited by:

Appeal from – Scottish and Newcastle Plc v Raguz CA 6-Mar-2007
The claimant was the original tenant under two 99 year underleases granted in 1967, and assigned them to the defendant who then himself assigned them. The eventual assignee had become insolvent. The landlord recovered the rents from the claimant who . .
At First Instance – Scottish and Newcastle Plc v Raguz HL 29-Oct-2008
The lease had been assigned by the claimant to the defendant and on again to a tenant who became insolvent. The landlord had recovered sums said to be due from the claimant who now sought an indemnity from the defendant. The defendant said that the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.240344

Clearbrook Property Holdings Limited v Verrier: ChD 1974

The issue was whether a caution registered in the Land Registry by a plaintiff purchaser who was claiming specific performance of an agreement for sale should be vacated. The effect of the vacation of the caution was that the plaintiff’s claim for specific performance would have been put in a position in which it was bound to fail in limine.
Held: To redress the unfairness to the defendant vendor, whose property was unsaleable while the caution remained registered, the caution should be vacated on the plaintiffs being given the opportunity to make an immediate application for an interlocutory injunction restraining the defendant from dealing with the land in any way inconsistent with the plaintiff’s claim pending the trial, which would not be opposed by the defendant, and the defendant getting a cross undertaking in damages.

Judges:

Templeman J

Citations:

[1974] 1 WLR 243

Jurisdiction:

England and Wales

Cited by:

Approved – Tiverton Estates Ltd v Wearwell Ltd CA 1975
“Subject to Contract” not to be diluted
‘subject to contract’ proposals remain in negotiation until a formal contract is executed. Lord Denning MR said: ‘for over a hundred years, the courts have held that the effect of the words ‘subject to contract’ is that the matter remains in . .
Cited – Nugent v Nugent ChD 20-Dec-2013
The court was asked whether the court has, following the the 2002 Act, an inherent power to order the cancellation of a unilateral notice registered against a title registered under the 2002 Act and, if so, in what circumstances, and how, such a . .
Cited – Nugent v Nugent ChD 20-Dec-2013
The court was asked whether the court has, following the the 2002 Act, an inherent power to order the cancellation of a unilateral notice registered against a title registered under the 2002 Act and, if so, in what circumstances, and how, such a . .
Lists of cited by and citing cases may be incomplete.

Land, Contract, Registered Land

Updated: 12 December 2022; Ref: scu.243395

Whitfield v North Durham Health Authority: CA 1995

In 1987, and before the claim was issued in 1992 the claimant had issued a claim which had never been served. She sought to extend the limitation period arguing that she had not acquired the requisite knowledge until later,
Held: She had had the requisite knowledge in 1985.
Waite LJ observed that her issue of the claim in 1987 did not necessarily betoken that she had knowledge under section 14(1), saying also: ‘The court should look to the essence of the matter and enquire how far the plaintiff had knowledge in broad terms of the facts on which it is based’ and ‘In a discretionary jurisdiction where the court is required to have regard to ‘all the circumstances of the case’ it would clearly be inappropriate to look for hard and fast rules, but counsel were agreed in this court that the section must be read as incorporating one underlying principle. In the process of assessing equity and balancing prejudice which the section enjoins, a party’s action or inaction cannot be divorced from the acts or omissions of his legal representative. The principle in that respect is analogous to that applying in cases of striking out for want of prosecution.’

Judges:

Waite LJ

Citations:

[1995] 6 Med LR 32, [1995] PIQR 361

Statutes:

Limitation Act 1980 14(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Farraj and Another v King’s Healthcare NHS Trust and Another QBD 26-May-2006
The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who . .
Doubted – Das v Ganju CA 31-Mar-1999
Where a personal injury action had been delayed for five years by bad advice from solicitors and counsel, the court’s discretion should be exercised to allow the plaintiff to proceed with her claim, not herself being responsible for the delay.
Cited – Ministry of Defence v AB and Others SC 14-Mar-2012
The respondent Ministry had, in 1958, conducted experimental atmospheric explosions of atomic weapons. The claimants had been obliged as servicemen to observe the explosions, and appealed against dismissal of their claims for radiation sickness . .
Lists of cited by and citing cases may be incomplete.

Limitation, Professional Negligence

Updated: 12 December 2022; Ref: scu.242344

The Football League Ltd v Edge Ellison (A Firm): ChD 23 Jun 2006

The claimants operated football leagues, and asked the defendant solicitors to act in negotiating the sale of television rights to ONdigital. The broadcasts went ahead, but no guarantees were taken for the contract. The claimants alleged professional negligence, and claimed many millions of pounds. The defendant denied negligence and said that if negligence was found, the claimants were contributorily negligent.
Held: The defendant solicitors had been negligent in not obtaining the guarantees, but even had they been requested, they would not have been given, and the claimants would not have insisted on them. The damages were therefore to be reduced by 75% for contributory negligence. The defendants were liable as to damages of andpound;2.00.

Judges:

Rimer J

Citations:

[2006] EWHC 1462 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Carlton Communications Plc, Granada Media Plc v The Football League ComC 1-Aug-2002
The applicants sought a declaration that they had not provided guarantees to support a contract between a joint venture company owned by them, OnDigital, and the respondent to screen football matches. The company had become insolvent.
Held: . .
Cited – Midland Bank Trust Co Ltd v Hett Stubbs and Kemp (a firm) ChD 1978
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Cited – Racecourse Association and others v Office of Fair Trading CAT 2-Aug-2005
. .
Cited – Pickersgill and Another v Riley PC 25-Feb-2004
PC (Jersey) The solicitor appealed a finding of negligence. He had failed to advise his client when he acted as a guarantor for a proposed assignee of a lease that the company may be a shell company. It had been . .
Cited – Clark Boyce v Mouat PC 4-Oct-1993
(New Zealand) No duty of wisdom is owed to client in full command of his faculties by a lawyer. If the client requires only action from his lawyer, that is what is required. Informed consent can be sufficient to allow a solicitor to act for two . .
Cited – Reeves v Thrings and Long CA 1996
Solicitors were sued for failing to advise their client fully as to the wisdom of the transaction he was entering into. The client was an experienced businessman.
Held: The claim failed.
Hobhouse LJ said: ‘Once Mr Reeves was told what the . .
Cited – Saif Ali v Sydney Mitchell and Co (a Firm) HL 1978
Extent of Counsel’s Immunity in Negligence
The House considered the extent of a barrister’s immunity from action in negligence, and particularly whether it covered pre-trial acts or omissions in connection with civil proceedings.
Held: A barrister’s immunity from suit extended only to . .
Cited – Carradine Properties Ltd v DJ Freeman and Co CA 1982
(From 1982) It was alleged that solicitors should have asked their property company client whether it had public liability insurance which would have covered the company’s liability for damage caused by its demolition contractors to a third party. . .
Cited – Feakins v Burstow and Another QBD 8-Sep-2005
Action against a solicitor for alleged negligence. . .
Cited – Ball v Druces and Attlee (A Firm) (No 2) QBD 22-Jun-2004
. .
Cited – Allied Maples Group Ltd v Simmons and Simmons CA 12-May-1995
Lost chance claim – not mere speculative claim
Solicitors failed to advise the plaintiffs sufficiently in a property transaction. A warranty against liability for a former tenant’s obligations under leases had not been obtained. The trial judge held that, on a balance of probabilities, there was . .
Cited – Mount v Baker Austin CA 18-Feb-1998
The Defendant solicitors had allowed the Plaintiff’s claim to be struck out for want of prosecution. The court considered how to calculate the value of the loss of the chance of pursuing the claim: ‘1. The legal burden lies on the plaintiff to prove . .
Cited – Bown v Gould and Swayne CA 1996
Millett LJ commented that if a judge needed assistance with regard to conveyancing practice the proper way was to cite the relevant textbooks. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Damages

Updated: 12 December 2022; Ref: scu.242730

Timeload Ltd v British Telecommunications plc: CA 1995

British Telecommunications Plc provided its own directory service. BT was licenced as a public telecommunications operator requiring it to provide telephone services on request to anyone who sought them without discrimination. The claimant wanted to operate its own free service, and contracted with BT to use a line, but BT then gave notice to end the contract. The claimant obtained an interlocutory injunction, arguing for an implied term that it could only be terminated if there were good cause.
Held: The court dismissed the appeal against the injunction. The defendant could not rely on a term of the contract which would allow it to render a contractual performance substantially different from that which was reasonably expected of it.
Sir Thomas Bingham MR spoke as to the submission that there was implied such a term: ‘On behalf of BT Mr. Hobbs submitted that the meaning of the contract, particularly the meaning of clause 18.1, was quite clear. BT could terminate on a month’s notice at any time with or without reason, and no matter how great the loss such termination might, to BT’s knowledge, cause the customer. There was, he said, no inconsistency, as the learned judge had thought, between the power to suspend for operational reasons under clause 6 and the power to terminate under clause 18. He argued that the factual matrix was irrelevant, since this was a standard form contract applicable to many millions of customers and the meaning of the contract did not vary depending upon the peculiar circumstances of those who happened to be parties to it. Furthermore, he said that there was no room for implication since terms were to be implied into the contract only if they were necessary and not because they were thought to be reasonable. In other words, Mr. Hobbs propounded with great skill what could fairly and not pejoratively be described as an old-fashioned classical argument based upon a literal approach to the text of the contract. That may prove to be a good argument. It is certainly a view of the matter which has been accepted by judges on other occasions albeit in the absence of full argument.
For my part, however, I share the judge’s reservations. It is relevant to bear in mind that BT is a public telecommunications operator licensed by the Secretary of State under Telecommunications Act 1984 to provide a public telecommunications service. It is subject to the oversight of the Director General of Telecommunications who has certain powers if BT should fail to comply with its licence. It is quite plain, as one would expect, that BT is indeed obliged to observe the terms of its licence. The terms of the licence are not, as I have pointed out, part of the contract with the consumer, but they are, nonetheless, as I consider, an inescapable part of the background which falls to be considered. . .
It is therefore correct, speaking very generally, to regard BT as a privatised company, no longer a monopoly, but still a very dominant supplier closely regulated to ensure that it operates in the interests of the public and not simply in the interests of its shareholders should those be in conflict. Against that background I am, for my part, by no means sure that the classical approach to the implication of terms is appropriate here. As Lord Cross pointed out in Liverpool City Council v. Irwin [1977] AC 239, 257, implied terms can find their way into contracts either because the law lays down a general rule that in contracts of a certain type a certain obligation should be implied, or on grounds of necessity for business efficacy. Thus, pure necessity is not the only ground on which a term can be implied and I can see strong grounds for the view that in the circumstances of this contract BT should not be permitted to exercise a potentially drastic power of termination without demonstrable reason or cause for doing so. ‘

Judges:

Sir Thomas Bingham MR

Citations:

[1995] EMLR 459

Statutes:

Unfair Contract Terms Act 1977

Jurisdiction:

England and Wales

Cited by:

Cited – Commerzbank Ag v Keen CA 17-Nov-2006
The bank had sought summary dismissal of a claim for non-payment of bonuses to the claimant a former employee, and now appealed refusal of its request for summary dismissal, saying that the claim had no prospect of success. The claimant said that . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 12 December 2022; Ref: scu.246220

Grierson, Regina (on the Application Of) v Atlantic Broadcasting Ltd and others: Admn 26 Aug 2005

The claimant sought leave to challenge the decision of the Radio Licensing Authority to grant a radio station licence to the defendant.
Held: As a minority shareholder in one of the competing companies, he did not have sufficient standing to make a complaint.

Citations:

[2005] EWHC 1899 (Admin), [2005] EMLR 868

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Durayappah v Fernando PC 1967
An order had been made by a minister that the council of a local authority be dissolved. The council did not seek to challenge the order, but the appellant, the mayor, brought proceedings in his individual capacity to challenge the minister’s . .
Lists of cited by and citing cases may be incomplete.

Media, Licensing

Updated: 12 December 2022; Ref: scu.229748

Kumar v Commissioner of Police of the Metropolis: CA 31 Jan 1995

The claimant complained that in instituting and continuing a patently hopeless prosecution for rape, based only on the evidence of a woman who had made repeated false allegations of rape, the police had acted in breach of a duty of care to him.
Held: The claimant’s appeal against the striking out of his claim failed. Sir Ralph Gibson: ‘In my judgment, for similar reasons [to those given in Elguzouli-Daf], the interests of the whole community are better served by not imposing a duty of care upon the police officers in their decisions whether or not to place sufficient reliance upon the account of a complainant to justify the making of a charge against an accused.’

Judges:

Sir Ralph Gibson

Citations:

Unreported, 31 January 1995

Jurisdiction:

England and Wales

Cited by:

Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .
Lists of cited by and citing cases may be incomplete.

Police, Negligence

Updated: 12 December 2022; Ref: scu.225892

Larkham v Lynch: 1974

The plaintiff had sustained serious injuries and sought damages. One item of special damages was a sum for loss of pension between the age of 60, when he would have retired, and the age of 65, which was the limit of his life expectancy as a result of the accident. It was not disputed that no deduction could be made in respect of his incapacity pension receipts before his normal retirement age of 60 because of the decision in Parry v. Cleaver. But it was said that after that date the amounts which he would have received in the aggregate up to the age of 60 could then be brought into account against his claim for the loss of the pension payable to him after that age. There was no dispute that the amounts which he would have received up to the age of 60, when taken together with a lump sum which he had received in commutation of part of his pension when he was awarded the incapacity pension, were sufficient to wipe out entirely his claim for pension loss.
Held: The court rejected the defendants’ argument, which did not pay true attention to what a pension is, namely that it is the deferred payment for current work. But the main reason was that, had the amounts alleged to be deductible been in fact deductible, then the similar process would have been applied in Parry v. Cleaver. It was almost beyond comprehension that, if in Parry v. Cleaver there had been a sum of money to be regarded as having remained on ice until the age when the plaintiff would have retired from the police, it would not have been deducted from his claim for loss of pension after that date.

Judges:

Brabin J

Citations:

[1974] 2 Lloyd’s Rep 544

Jurisdiction:

England and Wales

Citing:

Cited – Parry v Cleaver HL 5-Feb-1969
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 . .

Cited by:

Cited – Longden v British Coal Corporation HL 13-Mar-1997
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 . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 12 December 2022; Ref: scu.237505

Seymour v Williams: CA 1995

The plaintiff issued proceedings against her father and mother, alleging physical and sexual abuse against her father and want of parental care against her mother. The claim against the father was in trespass, but that against her mother was in negligence.
Held: The claim against the father was governed by the six years limitation period, and that against the mother by the three year limitation period. Both were out of time, but the Act gave discretion to extend the three year limited claim in negligence. The Court found this anomalous, and invited the Law Commission to consider the anomaly that different periods of limitation apply to a claim against a perpetrator of abuse and to a claim against someone for negligently failing to prevent that abuse with only the latter having a potential extension.

Judges:

Russell LJ, Millett LJ and Sir Ralph Gibson

Citations:

[1995] PIQR P470

Statutes:

Limitation Act 1980 11

Jurisdiction:

England and Wales

Cited by:

Cited – A v Hoare QBD 14-Oct-2005
The defendant had been convicted and sentenced for the attempted rape of the claimant. He had subsequently won a substantial sum on the lottery, and she now sought damages. He replied that the action was statute barred being now 16 years old. The . .
Cited – KR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 12-Feb-2003
The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years.
Held: The judge had misapplied the test laid down . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Limitation

Updated: 12 December 2022; Ref: scu.235389

Delaney v Southmead Health Authority: CA 1995

The plaintiff had sustained a lesion of the brachial plexus after a successful operation to remove her gall bladder. She claimed that this must have been occasioned by hyper abduction of her left arm by the anaesthetist at some point during the administration, overseeing or conclusion of anaesthesia. The anaesthetist gave an explanation of his practice in carrying out anaesthesia which could not have involved hyper abduction of the plaintiff’s left arm. The judge accepted his evidence. The injury was therefore one for which the defendant was unable to give an explanation.
Held: The patient’s appeal failed. The court had been entitled to find that the anaesthetist had exercised all due care in carrying out the procedure even though that left the injury unexplained. In medical negligence cases, where full evidence, including evidence from experts on both sides, has been heard, it is only in a rare case that the maxim res ipsa loquitur will assist the court: ‘For my part, I am doubtful whether it is of much assistance in medical negligence, at any rate when all the evidence in the case had been adduced. But even if Mr Stembridge is right in saying that at that stage the maxim applies, it is always open to a defendant to rebut a case of res ipsa loquitor either by giving an explanation of what happened which is inconsistent with negligence . . or by showing that the defendant exercised all reasonable care.’

Judges:

Stuart Smith LJ

Citations:

[1995] 6 Med LR 355

Jurisdiction:

England and Wales

Cited by:

Cited – Lillywhite and Another v University College London Hospitals’ NHS Trust CA 7-Dec-2005
The claimant sought damages for severe injuries suffered by their child at birth, and now appealed finding that the doctor had not been negligent. The allegation was simply that the injury could not have occurred but for negligence in the defendant. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 12 December 2022; Ref: scu.237477

Harrow London Borough Council v Donohue: CA 1995

The plaintiff complained at the defendant’s garage, half of which had been built on the plaintiff’s land. The judge had awarded damages in lieu of a mandatory injunction for its removal. The Council appealed.
Held: Where a landowner had been ‘totally dispossessed by the defendant’s ‘encroaching building’ the plaintiff was entitled ‘as of right to a mandatory order’ although it suggested that the court, depending on the circumstances, might ‘well retain a limited discretion’.

Judges:

Waite LJ, Hirst LJ, Sir Stephen Brown

Citations:

[1995] 1 EGLR 257

Jurisdiction:

England and Wales

Cited by:

Cited – Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513) CA 9-Dec-2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Land, Litigation Practice

Updated: 12 December 2022; Ref: scu.237729

National and Provincial Building Society v Ahmed: CA 1995

A mortgagor’s equity of redemption is extinguished when the mortgagee, in the exercise of his power of sale, enters into a contract of sale of the mortgaged property.
Millett LJ said: ‘The purpose of making an order under section 36 of the Administration Act 1970 is to enable a mortgagor who has fallen into arrears with the payment of the mortgage instalments to resume his payments and to pay off the arrears with a view to the ultimate redemption of the mortgage by instalments in the ordinary way. But that result can no longer be achieved once the mortgagor’s equity of redemption has been extinguished by the exchange of contracts of sale of the mortgaged property by the mortgagee to a purchaser. Of course, if the order for possession had not been executed so that the court still retained jurisdiction to suspend it, and the mortgagor or his tenants were in possession at the date of the contract for sale so that the purchaser had notice of the mortgagor’s rights, the mortgagee would not be able to rely upon the contract to defeat the mortgagor’s application. But that is not the present case.’

Judges:

Millett, Russell and Rose LJJ

Citations:

[1995] 2 EGLR 127

Statutes:

Administration of Justice Act 1970 36

Jurisdiction:

England and Wales

Cited by:

Cited – Ropaigealach v Barclays Bank plc CA 6-Jan-1999
The applicant’s property was charged to the defendant. At the time it was not occupied. The mortgage fell into arrears, and after serving notice at the property, the bank took posssession and sold the property at auction. The claimants said the bank . .
Cited – Scott v Southern Pacific Mortgages Ltd and Others SC 22-Oct-2014
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 12 December 2022; Ref: scu.230374

Longden v British Coal Corporation: CA 1995

The plaintiff sought damages after being injured at work. The defendant sought to set off against the damages to be awarded sums received by way of a collateral benefit.
Held: Roch LJ said: if the plaintiff were not permitted to recover the difference between the retirement pension he would have enjoyed after the normal retirement age and the incapacity pension, the tortfeasor would enjoy an advantage, namely the saving which he would make on the calculation of the loss of earnings which left the pension contributions out of account in computing the net loss. He saw this as being necessary in order to ensure that there was no element of double recovery. As to the dicta of Lord Wilberforce in Dews: ‘This observation makes it clear, in my opinion, that payments of disability pension preceding the date on which Mr. Parry would have retired from the police service in the normal course of events, had the accident not occurred, were not to be taken into account in computing the damages for loss of pension.’

Judges:

Roch LJ

Citations:

[1995] ICR 957

Jurisdiction:

England and Wales

Citing:

Cited – Dews v National Coal Board HL 1988
The plaintiff miner sought damages for an injury suffered at work.
Held: An employee who had been injured at work could not recover unpaid pension contributions, which had no effect on his pension entitlement, as part of his loss of pay while . .
Cited – Parry v Cleaver HL 5-Feb-1969
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 . .

Cited by:

Cited – Longden v British Coal Corporation HL 13-Mar-1997
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 . .
Appeal from – Longden v British Coal Corporation HL 13-Mar-1997
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 . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 12 December 2022; Ref: scu.237506

Jacques v Secretary of State for the Environment: CA 1995

The Inspector had found that the landowner had, by overt acts directed at users of the way in question, including the erection of locked gates and of fencing and of notices, disproved any intention on his part to dedicate.
Held: The landowner’s appeal succeeded. Laws J reflected on the conjunction in the statutory scheme of use as of right, in the sense of use in the belief of such right, and the sufficiency of evidence on behalf of a landowner of an intention not to dedicate, and said: ‘Quite plainly, the second part of section 31(1) imported a further requirement. It meant that even if use of the required quality was proved, the status of right of way would not be established if the landowner demonstrated an intention not to dedicate. The logical relationship between the two parts of the subsection entailed that proof of an intention not to dedicate could be constituted by something less than proof of facts which had to have made it clear to the public that they had no right to use the way: otherwise, once the interested public had established their case under the first part of the subsection, there would be no room for the operation of the second part. That was not a very satisfactory state of affairs. It was plain that the landowner had to disprove an intention to dedicate by overt acts directed to the members of the public in question, but equally plain that they need not actually bring home to the public that there was no right to use the way. He could only conclude that any sufficiently overt act or series of acts indicating an intention to keep the way private would be enough for the landowner’s purposes in relation to the second part of the subsection, though they did not bring home to the public his objection to their using his land.’ The requirement for actual dedication was like one from Alice in Wonderland.

Judges:

Laws LJ

Citations:

[1995] JPL 1031

Statutes:

Highways Act 1980 31(1) 31(2)

Jurisdiction:

England and Wales

Citing:

Appeal from – Jacques v Secretary of State for the Environment QBD 8-Jun-1994
Public right of way must be established by enjoyment as of right for 20 years. . .

Cited by:

Cited – Godmanchester Town Council, Regina (on the Application Of) v Secretary of State for the Environment Food and Rural Affairs CA 19-Dec-2005
The court considered whether a pathway had become a public highway.
Held: ‘The main question for the Court is whether sufficiency of evidence of an intention not to dedicate necessary to satisfy the proviso requires, as a matter of law, that . .
Criticised – Godmanchester Town Council, Regina (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs HL 20-Jun-2007
The house was asked about whether continuous use of an apparent right of way by the public would create a public right of way after 20 years, and also whether a non overt act by a landowner was sufficient to prove his intention not to dedicate the . .
Cited – Regina v Secretary of State for Wales Ex Parte Emery CA 9-Jul-1997
The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it.
Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over . .
Cited – Jones v Welsh Assembly Government Admn 15-Dec-2008
The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 12 December 2022; Ref: scu.236555

Regina v Harper-Taylor and Bakker: CA 19 Feb 1988

There had been a prolonged discussion, ranging over a wide field in the judge’s room: ‘Since we regard the discussion in the judge’s room as the source of all the subsequent entanglements, some general observations on the practice of meeting the judge in his private room may be appropriate. A first principle of criminal law is that justice is done in public, for all to see and hear. By this standard a meeting in the judge’s room is anomalous: the essence, and indeed the purpose, being that neither the defendant nor the jury nor the public are there to hear what is going on. Undeniably, there are circumstances where the public must be excluded. Equally, the jury cannot always be kept in court throughout. The withdrawal of the proceedings into private, without even the defendant being there, is another matter. It is true, as this court stated in Turner that there must be freedom of access between counsel and the judge when there are matters calling for communications or discussions of such a nature that counsel cannot in the interests of his client mention them in open court. Criminal trials are so various that a list of situations where an approach to the judge is permissible would only mislead; but it must be clear that communications should never take place unless there is no alternative. ‘ and ‘Apart from the question of principle, seeing the judge in private creates risks of more than one kind, as the present case has shown. The need to solve an immediate practical problem may combine with the more relaxed atmosphere of the private room to blur the formal outlines of the trial. Again, if the object of withdrawing the case from open court is to maintain a degree of confidence, as it plainly must be, there is room for misunderstanding about how far the confidence is to extend; and, in particular, there is a risk that counsel and solicitors for the other parties may hear something said to the judge which they would rather not hear, putting them into a state of conflict between their duties to their clients, and their obligation to maintain the confidentiality of the private room.’ and ‘The absence of the defendant is also a potential source of trouble. He has to learn what the judge has said at second hand, and may afterwards complain (rightly or not) that he was not given an accurate account. Equally, he cannot hear what his counsel has said to the judge, and hence cannot intervene to correct a mis-statement or an excess of authority: a factor which may not only be a source of unfairness to the defendant, but which may also deprive the prosecution of the opportunity to contend that admissions made in open court in the presence of the client and not repudiated by him may be taken to have been made with his authority.’

Judges:

Mustill LJ

Citations:

Unreported, 19 February 1988

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Turner CACD 1970
The court considered an appeal where the defendant had entered a plea of guilty but had felt himself under undue pressure from the judge.
Held: The court urged caution in the practice of counsel seeing the judge in his chambers, though . .

Cited by:

Cited – Lobban, Regina v CACD 7-May-2004
The defendant appealed his conviction. A witness statement had been read, but he had wanted to cross examine her. The court was satisfied that her refusal to give evidence in person was through fear.
Held: In making the decision, the judge had . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 12 December 2022; Ref: scu.199780

Re A Debtor: 1977

Corporate insolvency proceedings based on a statutory demand for monies due under a previous judgment are an ‘action on a judgment’ within s 24 rather than a method of enforcing or executing the judgment. They are barred by s 24 if brought more than six years after the judgment was obtained. S 24(1) of the 1980 Act bars after six years rights of action including proceedings in the form of bankruptcy proceedings, based on an earlier judgment.

Judges:

HHJ Paul Baker QC

Citations:

[1977] Ch 310

Statutes:

Limitation Act 1980 24(1)

Jurisdiction:

England and Wales

Cited by:

Cited – E D and F Man (Sugar) Ltd v Haryanto ChD 24-Nov-1995
Enforcement by judgment on co-ordinate jurisdiction judgment is discretionary: ‘ . . having regard to the decision in Re A Debtor [1977] Ch 310 that s 24(1) of the 1980 Act bars after six years rights of action including proceedings in the form of . .
Cited – Bennett v The Governor and Company of the Bank of Scotland CA 23-Jul-2004
The bank had obtained judgment against the defendant, but had failed to act upon it, and the judgment became unenforceable. It then began later proceedings on the original debt (still within the applicable limitation period). The defendant said this . .
Lists of cited by and citing cases may be incomplete.

Limitation

Updated: 12 December 2022; Ref: scu.199356

Lefebvre v HOJ Industries Ltd: 1992

All contracts of employment are, as a matter of law, subject to an implied term that they are terminable on reasonable notice, and such a term can be displaced only by clear words.

Citations:

[1992] 1 SCR 831

Jurisdiction:

England and Wales

Cited by:

Cited – Reda, Abdul-Jalil v Flag Limited PC 11-Jul-2002
PC (Bermuda) The courts should be reluctant to accept a fetter on the employer’s right to dismiss on notice where there is an express term in the contract empowering the employer to do so.
Lord Millet . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 12 December 2022; Ref: scu.220482

Attorney-General v The Guardian: CA 1992

To be caught under the Act the risk of prejudice to a trial caused by a publication alleged to be in breach must be practical and not theoretical.

Judges:

Mann LJ

Citations:

[1992] 1 WLR

Statutes:

Contempt of Court Act 1981

Jurisdiction:

England and Wales

Cited by:

Cited – HM Attorney General v Express Newspapers Admn 25-Nov-2004
The claimant sought an order for the committal of the respondent for contempt in having breached an order to restrict their naming of a footballer arrested on allegations of serious sexual assaults. The claim had not gone forward.
Held: ‘ . . . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court

Updated: 12 December 2022; Ref: scu.220564

Habinteg Housing Association v Jones: CA 1995

A female tenant endured six years of misery caused by cockroaches, described as a quite appalling infestation for which she was in no way responsible.
Held: The court was not satisfied that the dismissal of the tenant’s claim was the right result which the law ought to reach and that the tenant ought to have some compensation for the misery she had suffered because of the cockroaches. Nevertheless neither the tenant nor her family had any civil remedy for the injuries to their health or to their property which they have had to endure through living in unfit conditions: ‘It may be that the Public Health Act, or its successor, provides some means for securing that these matters are put right promptly, but it does not seem to have worked in this case. We are told that the Law Commission has been considering such a problem. It is to be hoped that they will recommend a solution. What is more, it is to be hoped that if they do, Parliament will carry it out. Judges and lawyers are sometimes reproached when the law does not produce the right result. There are occasions when the reproach should be directed elsewhere.’

Judges:

Staughton LJ

Citations:

[1995] 27 HLR 299

Statutes:

Public Health Act 1936

Jurisdiction:

England and Wales

Cited by:

Cited – 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
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 12 December 2022; Ref: scu.221533