Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs Dalziel made oral complaints to the officer who attended upon them. He later returned and Mr … Continue reading Buckley v Dalziel: QBD 3 May 2007
The Secretary of State had appointed inspectors to investigate and report on a company takeover. In their report, which was published, the inspectors made findings which were critical of and damaging to the applicants, who relied on the civil limb of article 6(1) to complain that they had been denied effective access to the courts … Continue reading Fayed v United Kingdom: ECHR 6 Oct 1994
The test to be applied to the question of summary disposal under s.8 of the 1996 Act is the same as that under CPR Part 24. Judges: Early J Citations: [2000] EMLR 681 Statutes: Defamation Act 1996 8, Civil Procedure Rules 24 Jurisdiction: England and Wales Cited by: Cited – Downtex v Flatley CA 2-Oct-2003 … Continue reading James Gilbert Ltd v MGN Ltd: 2000
The question of whether a reasonable time has been exceeded in performance of a contract is ‘a broad consideration, with the benefit of hindsight, and viewed from the time at which one party contends that a reasonable time for performance has been exceeded, of what would, in all the circumstances which are by then known … Continue reading Astea (UK) Ltd v Time Group Ltd: TCC 9 Apr 2003
The plaintiff’s car was struck by a company car driven by the defendant in the course of her employment and she sought damages. Her action, against the employer, was struck out as late under the 1980 Act. She then commenced an action against the driver defendant. Held: The plaintiff was allowed to seek the exercise … Continue reading Shapland v Palmer: CA 23 Mar 1999
A client who sues his former solicitor, waives his legal privilege protection, as regards that legal relationship, but that does not require a waiver also, of other privilege with later solicitors instructed in related matters. Lord Bingham LCJ said: ‘A client expressly waives his legal privilege when he elects to disclose communications which the privilege … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc); etc v Freshfields (a Firm): CA 11 Mar 1999
Solicitors appealed against an order for payment of damages for professional negligence. The solicitors said that the plaintiff should have mitigated her damages. Held: The plaintiffs had not failed to take reasonable steps to mitigate their loss. A disappointed beneficiary, claiming for professional negligence against solicitors, did not first have to seek to minimize his … Continue reading Powell v Haywards (a Firm): CA 18 Feb 1999
In a contract for the carriage of goods by air, the court considered whether the owner of goods who had not been named as the consignor or consignee on the air waybill was entitled to sue the carrier for damages to the goods while in transit. Held: In the absence of express provision in the … Continue reading Gatewhite v Iberia Lineas Aereas de Espana SA: 1990
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave. Held: The law had not changed, and section 89 could not be used to argue for a suspension of the order for possession. Citations: [2006] EWCA Civ … Continue reading Boyland and Son Ltd v Rand: CA 20 Dec 2006
The defendant appealed dismissal of his defence to an action in defamation. Held: The court proceeded in his absence, discerning two grounds of appeal from the papers. He had suggested that he awaited pro bono representation but was by profession a barrister, and the court did not accept that he could not present his case … Continue reading Steinberg v Pritchard Englefield (A Firm) and Another: CA 3 Mar 2005
The claimant had been dismissed. He said the manner of his dismissal had caused him to suffer a mental breakdown, and claimed for loss of earnings. He asserted a duty on an employer not to dismiss him in such a way as to infringe the duty of trust and confidence. He succeeded in a claim … Continue reading Johnson v Unisys Limited: CA 4 Dec 1998
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered title. Actual occupation of part of the land comprised in a registered disposition protected a right or interest … Continue reading Ferrishurst Ltd v Wallcite Ltd: CA 30 Nov 1998
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
The appellants contracted through an agent to supply tyres. The respondents contracted not to do certain things, and in case of breach concluded: ‘We agree to pay to the Dunlop Pneumatic Tyre Company, Ltd. the sum of 5 l. for each and every tyre, cover or tube sold or offered in breach of this agreement, … Continue reading Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd: HL 1 Jul 1914
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
EAT Four employees successfully established before the Employment Tribunal that they had been unfairly dismissed for redundancy. The Tribunal found that there had been procedural defects. In particular the assessments in the redundancy exercise had been inadequate and subjective. The Tribunal considered whether the dismissals were fair under section 98A(2) of the Employment Rights Act … Continue reading Software 2000 Ltd v Andrews etc: EAT 17 Jan 2007
In a case framed in deceit the measure of damages involved ascertainment of the ‘real’ or ‘face’ value of the shares at the time of allotment or purchase. Citations: (1860) 36 LT 97 Jurisdiction: England and Wales Cited by: Cited – Smith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996 The defendant had made … Continue reading Davidson v Tullock: 1860
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased. Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an authority sought assistance in enforcement by requesting an injunction, the role of the court was not merely supervisory, but … Continue reading Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others: HL 22 May 2003
A husband had accidentally shot and killed his wife’s lover after threatening him with a shotgun. Held: The court confirmed the decision at first instance. He was not liable to be indemnified by his insurers for the losses claimed against him by the deceased’s estate as a result of the shooting. It is not every … Continue reading Gray v Barr: CA 1971
The deceased had been born in Jamaica, but had lived in the UK for many years. The parties, before a grant in the estate of the deceased, disputed whether he should be buried in England or returned to Jamaica for burial. Held: Having considered the factors as set out in Hartshorne, an order was to … Continue reading Anstey v Mundle and Another: ChD 25 Feb 2016
Citations: [1903] 1 Ch 586 Jurisdiction: England and Wales Citing: Appealed to – Shepheard v Broome 1904 . . Cited by: Affirmed on Appeal – Shepheard v Broome 1904 . .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 … Continue reading Broome v Speak: 1903
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was ambiguous. No order for damages could be made, however where it was … Continue reading Rogers and Another v Freeguard and Another: CA 19 Oct 1998
Flexibility in the date of breach rule applies in assessing damages for conversion. Citations: [1991] 2 All ER 133 Jurisdiction: England and Wales Cited by: 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 … Continue reading IBL Ltd v Coussens: 1991
Ex turpi causa non oritur actio A claim was made for the price of goods which the plaintiff sold to the defendant in Dunkirk, knowing that the defendant’s purpose was to smuggle the goods into England. The plaintiff was met with a defence of illegality. Held: The defence failed. Knowledge on the part of the … Continue reading Holman v Johnson: 5 Jul 1775
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
A culvert had been constructed taking a stream underneath the road. At the time when it came into the ownership of the local authority, it was adequate for this purpose. Later developments increased the flow, and the culvert came to become an obstruction leading to the claimant’s property being flooded. It was checked regularly, but … Continue reading Bybrook Barn Garden Centre Ltd and Others v Kent County Council: CA 8 Jan 2001
The claimants appealed refusal of an order restricting comparative advertising materials for the defendant’s competing veterinary medicine. The claimant said that the rule against prior restraint applicable to defamation and other tort proceedings did not apply to trade mark infringement. Held: The rule against prior restraint applied to actions involving reputation, but did not apply … Continue reading Boehringer Ingelheim Ltd and others v Vetplus Ltd: CA 20 Jun 2007
The court should be reluctant to attach qualified privilege to ‘reportage’ in circumstances where Parliament, in enacting section 15 and Schedules 1 and 2 of the Defamation Act 1996, had not chosen to do so. Judges: Gray J Citations: [2002] All ER (D) 11 Statutes: Defamation Act 1996 Jurisdiction: England and Wales Cited by: Cited … Continue reading English and Another v Hastie Publishing Ltd: 31 Jan 2002
Bayley J said: Upon the great point, viz. whether it is a good defence to an action for slander for a defendant to show he heard it from another, and at that time named the author, I am of the opinion that it is not’ and ‘the law will not permit a man to recover … Continue reading McPherson v Daniels: 1829
The court had to answer the question of whether the Pensions Ombudsman could make orders which the court could not. Held: It could not, Knox J said: ‘there is a real distinction between ordering compensation for inconvenience and distress caused by maladministration as an adjunct to the power to remedy injustice caused by maladministration which … Continue reading Hillsdown Holdings plc v Pensions Ombudsman: 1997
Cotton cloth was sold. The buyer was to use it to fulfil his own contract with a sub-buyer. The cloth was not of the contractual quality but the buyer was able to perform the sub-contract by delivering the same cloth. The sub-buyers paid the full price. Held: The normal measure of damages applied namely the … Continue reading Slater v Hoyle and Smith Ltd: 1920
The claimant sought damages from the revenue for their failure properly to process his claim for a sub-contractor’s certificate which had led to losses. Held: The revenue owed no common law duty of care to the claimant and nor were damages claimable under the section, and the claim failed. The Act imposed no statutory time … Continue reading Neil Martin Ltd v Revenue and Customs Commissioners: 28 Sep 2006
The vendor had served an invalid notice to complete on the purchaser. When the purchaser did not comply with the notice the vendor purported to terminate the contract by accepting the purchaser’s alleged repudiation. Walton J held that it was in fact the vendor who had repudiated, and that the purchaser was entitled to accept … Continue reading Rightside Properties Ltd v Gray: ChD 1975
(High Court of Australia) ‘It seems to us that, in a case where there is no qualified privilege to report or repeat the defamatory statements of others, the whole cohesion of the law of defamation would be destroyed, if it were permissible merely to plead and prove that the defamatory statement was made by another; … Continue reading Uren v John Fairfax and Sons Pty Ltd: 2 Jun 1966
Doyle -v- Olby (Ironmongers) Ltd was an appropriate way of assessing damages for an action under the Act, and damages are calculated on the basis of fraud.A client misled into an investment is entitled to the measure of damages he would receive for a fraud. Citations: [1991] 2 QB 297, [1991] EWCA Civ 12 Links: … Continue reading Royscot Trust Ltd v Rogerson: 1991
The claimant had been awarded damages for unfair constructive dismissal. The employer appealed an award of damages for the period prior to the acceptance by the employee of the repudiatory breach. Held: Where a claimant’s losses arose before the dismissal actually occurred, she might have a separate claim for damages, but that claim was only … Continue reading GAB Robins (UK) Ltd v Triggs: CA 30 Jan 2008
The claimant said that he had left valuable jewelry with the defendant for sale. The defendant said at first they had been stolen, but then returned jewelry which the claimant denied was what had been left. The defendant appealed a finding that he had converted the jewelry left. The judge found that both parties had … Continue reading Zabihi v Janzemini and Others: CA 30 Jul 2009
The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership. Held: The application for the amendment being made more han two years after the grant, the amendment could not be allowed. s.37(5) bars the making of a new claim out of time. … Continue reading Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006
An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to rescind. An acknowledgement of non-reliance clause has become a common part of modern commercial contracts. An entire agreement clause limits the terms of the parties’ agreement to their written agreement and … Continue reading Thomas Witter v TBP Industries Ltd: ChD 15 Jul 1994
The claimant and defendant had each operated using a the name ‘HotSpot’ for a name for its lottery. The respondent had registered the name as a trade mark. The claimant began to use the name first and claimed in passing off, and the respondent claimed infringement of its mark. Held: The law of passing off … Continue reading Inter Lotto (Uk) Ltd v Camelot Group Plc: CA 30 Jul 2003
One director discovered that his co-director had withdrawn substantial sums from the company. Judges: Schiemann LJ, Potter Lj, Arden LJ Citations: [2003] EWCA Civ 810, [2004] 1 WLR 783, [2004] 1 WLR 783, [2004] BCC 27, [2003] OPLR 343, [2004] WTLR 629, [2003] WTLR 1413, [2003] Pens LR 179, [2003] 4 All ER 733, [2003] … Continue reading Clark v Cutland: CA 18 Jun 2003
There was a claim for damages in respect of psychiatric injury said to result from a breach of the implied term of trust and confidence, which was asserted to be recoverable notwithstanding Johnson, on the basis that the acts of the employer complained of could be severed from the employer’s conduct leading to the dismissal, … Continue reading Eastwood v Magnox Electric plc: CA 2002
A court need not first decide liability before applying grant of limitation of liability decree under the Act. That different Conventions were applied by UK and South Africa did not stop the establishment of a limitation fund for payment of damages allowing a ship release. Citations: Times 07-Aug-1998, [1998] EWCA Civ 1077, [1998] 2 Lloyd’s … Continue reading Bouygues Offshore SA v Caspian Shipping Company, and others: CA 24 Jun 1998
The claimant had been unfairly dismissed but in addition to this employment she had also lost her earnings from a private practice as an aerobics teacher at the same facility where she was employed. She had been awarded damages for the employment loss, but not the rest. Held: The court did not state as a … Continue reading Jones v Lingfield Leisure Plc: CA 18 Jun 1998
Even if a case is quite unsuitable for automatic directions, the plaintiff has an obligation to apply instead for specific manual directions to stand in their stead. It would be wrong to allow a plaintiff to escape from the discipline of the automatic directions timetable simply by issuing an application seeking an order that the … Continue reading Cockeril v Tambrands Limited: CA 21 May 1998
The Court of Appeal again emphasised the supreme importance of parties working together to identify the real issues between themselves and producing core bundles accordingly. Citations: Times 26-Jun-1998, [1998] EWCA Civ 1015 Jurisdiction: England and Wales Citing: Cited – Practice Direction (Court of Appeal: Procedure) CA 4-Oct-1995 Full practice direction for matters before the Court … Continue reading ATA and Another v American Express Bank Ltd: CA 17 Jun 1998
Where damages were to be awarded for breach of warranty on sale of goodwill, an assessment according to a price earnings ratio was appropriate only if used in the contract or agreed as appropriate by the experts. In the context of a notice clause in a Share Sale Agreement requiring notice to set out ‘such … Continue reading Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (Formerly STC Submarine Systems Ltd): CA 22 Jun 1998
When considering whether a person was vulnerable so as to be treated more favourably in applying for rehousing: ‘The Council should consider such application afresh applying the statutory criterion: The Ortiz test should not be used; the dictum of Simon Brown LJ in that case should no longer be considered good law. (The same applies … Continue reading Regina v London Borough of Camden ex parte Pereira: CA 20 May 1998
A company director entering into an unapproved contract with his own company was liable to the company for the loss as at the time that loss was realised, not at the time of the breach. Where directors had entered into contracts with their company in contravention of the Act, the damages were to be assessed … Continue reading Duckwari Plc v Offerventure Ltd and Another: In Re Duckwari Plc (no 2): CA 8 May 1998
The plaintiff sought damages for the negligence of the respondent in her care at birth. Years later the family concluded that her condition was a result of negligence. They waited until she was 21, when they mistakenly believed that she became an adult, and made a claim. Held: The defendant’s appeal succeeded. The court had … Continue reading O’Driscoll v Dudley Health Authority: CA 30 Apr 1998
EAT CONTRACT OF EMPLOYMENT – Damages for breach of contract The Tribunal awarded to the unfairly dismissed Claimant compensation for failure to pay any money to her during a 4 week notice period. The award was made under sections 86 to 88 of the ERA 1996. However the statutory minimum period of notice under section … Continue reading Milson v Hope: EAT 7 Mar 2013
The parties disputed their mutual obligations under aircraft leasing agreements. The insolvent airline said that in signing to accept the condition of the aircraft on delivery, it had not created an estoppel against itself when the aircraft later proved faulty. Held: The appeal failed, though the result was upheld on different grounds. Aircraft necessarily or … Continue reading Olympic Airlines Sa v ACG Acquisition XX Llc: CA 17 Apr 2013
The claimants sought damages from the defendant local authority after their identities had been wrongfully revealed to the natural parents of the adoptees leading to a claimed campaign of harassment. The adopters has specifically requested that their names and address be not revealed, but they details were let slip in a case conference. Both parties … Continue reading B and B v A County Council: CA 21 Nov 2006
Police, when using force to enter premises, must still give their reasons for effecting their entry, to the occupant, unless this was impossible or undesirable. Buxton LJ said: ‘This paragraph strictly speaking did not apply in the present case, because no search was contemplated. It is, however, a strong indication of the importance and relevance … Continue reading O’Loughlin v Chief Constable of Essex: CA 12 Dec 1997
Judges: Bedlam LJ, Potter LJ, Sir John Balcombe Citations: Times 02-Jan-1998, Gazette 21-Jan-1998, [1997] EWCA Civ 2899, [1997] IRLR 140, [1998] ICR 258 Links: Bailii Statutes: Employment Protection (Consolidation) Act 1978 74 Jurisdiction: England and Wales Citing: Appeal from – Digital Equipment Co Ltd v Clements EAT 11-Dec-1996 An excess redundancy payment is to be … Continue reading Digital Equipment Co Ltd v Clements (No 2): CA 4 Dec 1997
The court was asked whether a copyright owner has a proprietary claim to money derived from infringement of the copyright. Held: He did not. No such argument could be shown to have suceeded before. Judges: Newey J Citations: [2013] WLR(D) 42, [2013] EWHC 159 (Ch) Links: Bailii, WLRD Statutes: Copyright, Designs and Patents Act 1988 … Continue reading Twentieth Century Fox Film Corp and Others v Harris and Others: ChD 5 Feb 2013
The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
Judges: Hobhouse, Pill, Mummery LJJ Citations: [1997] EWCA Civ 2571, [1997] FSR 178 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Hodgkinson and Corby Ltd and Another v Wards Mobility Services Ltd ChD 3-Aug-1994 Proof of the deception of some purchasers is an essential pre-requisite of the tort of passing off. . . … Continue reading Hodgkinson and Corby Ltd (T/a Raymar) v Wards Mobility Services Ltd: CA 27 Oct 1997
The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. Citations: [1997] EWCA Civ 2179 Jurisdiction: England and Wales Citing: Appeal from – Abraham and Another v Thompson and Others ChD 12-May-1997 The court may issue a stay of proceedings pending … Continue reading Abraham and Another v Thompson and Another: CA 24 Jul 1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private … Continue reading Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay: CA 30 Jul 1997
The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of … Continue reading King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997
The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it. Held: Where A becomes liable to B as a joint tortfeasor with C in the tort of … Continue reading Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department: CA 23 Jul 1997
EAT UNLAWFUL DEDUCTION FROM WAGESThe Claimants claimed that the Respondent had wrongly evaluated their jobs under the applicable job evaluation scheme. They contended that properly evaluated they would have been awarded higher scores entitling them to a higher Grade, (Grade 7 or 8). They brought claims for deduction from wages under the Employment Rights Act … Continue reading Kingston Upon Hull City Council v Schofield and Others: EAT 6 Nov 2012
Consolidation of cases involving question of what duty was owed by a fire service to the owners of buildings.Whether and if so in what circumstances a fire brigade owes a duty of care to the owner or occupier of premises which are damaged or destroyed by fire. Judges: Stuart-Smith, Potter, Judge LJ Citations: [1997] EWCA … Continue reading Capital and Counties Plc v Hampshire County Council: CA 14 Mar 1997
Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police. Held: The appeal succeeded. There is no implied undertaking as to the use of disclosed documents … Continue reading Mahon and Another v Rahn and Others (1): CA 12 Jun 1997
Assessment of damages after offer of amends. Held: the Court’s award of damages serves as ‘an outward and visible sign of vindication’ Judges: Eady J Citations: [2003] EWHC 137 (QB), [2004] EMLR 3 Links: Bailii Statutes: Defamation Act 1996 3 Jurisdiction: England and Wales Cited by: Cited – Dhir v Saddler QBD 6-Dec-2017 Slander damages … Continue reading Cleese v Clark and Another: QBD 6 Feb 2003
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value, since the claimant would have proceeded anyway. Held: The court had to bear in mind the distinction between the loss of chance directly through the … Continue reading Dixon v Clement Jones Solicitors (A Firm): CA 8 Jul 2004
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997
The claimant sought compensation after his commercial agency was terminated. The court had found that the agency was declining in turnover, and reduced the compensation accordingly. There had been no written agreement for the agency, and six months’ notice was given. Held: The agent’s appeal failed. The UK had chosen to implement both the allowed … Continue reading Lonsdale (T/A Lonsdale Agencies) v Howard and Hallam Ltd: HL 4 Jul 2007
The claimant sought damages after his agency with the defendants was terminated. The central issue was whether compensation was to be calculated at two years commission as derived from French practice or otherwise. Held: ‘there is no clear agreement on the principles governing the assessment of compensation under regulation 17(6) . . . the common … Continue reading Lonsdale v Howard and Hallam Ltd: CA 8 Feb 2006
The claimant sought compensation after its sales agency agreement with the defendant was terminated. He had opened up several substantial sales channels for the respondent’s products within the UK. There were difficulties in the products (leather furniture) meeting UK fire safety standards, and with which the claimant gave assistance. The defendants did not renew the … Continue reading Tigana Ltd v Decoro Ltd: QBD 3 Feb 2003
The applicants sought damages as commercial agents following the termination of their exclusive agency for the sale of the respondents goods in the UK. The defendants claimed the contract was governed exclusively by Californian law. The European Court had decided that the compensation could not be excluded by contract. The court had to assess damages. … Continue reading Ingmar GB Ltd v Eaton Leonard Inc: QBD 31 Jul 2001
The claimants had sought damages for poisoning from organophosphates used in sheep dipping. Evidence linking the injuries to the use of the chemicals had not been found, and the actions struck out as an abuse of process. The group litigation had been struck out but it was not agreed what had happened to the individual … Continue reading Herbert George Snell and others v Robert Young and Co Limited and others: CA 21 Nov 2002
The claimant sought damages for the consequences of having been suspended from work as a teacher. He later recovered damages for unfair dismissal, and the court had struck out his claim for damages over and above those already awarded. Held: There is no absolute bar against a claim for damages not covered by the Employment … Continue reading McCabe v Cornwall County Council, The Governing Body of Mounts Bay School: CA 23 Dec 2002
The court considered the possible affront to jurors in a defamation action when asked to decide some elements of an action, but not others. Judges: Gray J Citations: [2002] EWHC 2726 (QB), [2002] QB 321 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Loutchansky v Times Newspapers Ltd and others CA 23-Jan-2001 The … Continue reading Loutchansky v Times Newspapers Ltd and others: QBD 12 Dec 2002
The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the Japanese occupied Rangoon. The question was, whether compensation was payable for this destruction. … Continue reading Burmah Oil Company (Burma Trading) Limited v Lord Advocate: HL 21 Apr 1964
(High Court of Australia) The plaintiff owned a ship ‘The Coptic’ which was in a collision with His Majesties Australian Ship ‘Adelaide’. The plaintiff alleged that the collision resulted from the negligence of the defendant’s officers, saying the Adelaide was sailing too fast, that it failed to keep a proper lookout for the Coptic and … Continue reading Shaw Savill and Albion Company Ltd v The Commonwealth: 1940
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers … Continue reading Bici and Bici v Ministry of Defence: QBD 7 Apr 2004
Defamation – Large Damages Awards MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in law for awarding exemplary damages, either generally or in the particular … Continue reading John v MGN Ltd: CA 12 Dec 1995
Documents had been disclosed by the Police Complaints Authority under court order for an appeal against conviction. They related to an investigation of the conduct of police officers who had given evidence against the appellant. The newspaper, now being sued for libel by the same police officers, applied for the accused to be given leave … Continue reading Ex parte Coventry Newspapers Ltd: CA 1993
A stay of execution of an order against matrimonial assets was not defeated by bankruptcy. As to the interplay of the Insolvency Rules and matrimonial proceedings. Balcombe LJ said: ‘I cannot leave this case without saying something about the effect of r 12.3 of the Insolvency Rules 1986. Before those rules came into force orders … Continue reading Woodley v Woodley (2): CA 12 Apr 1993
ECJ judgments make a UK court functus officio only after their full judgment has been delivered. Where judgment had already been given, it was no longer possible for the defendant in an action to seek a reference to the European Court on refusal of an application for leave to appeal to the House of Lords. … Continue reading Chiron Corporation and Others v Murex Diagnostics Ltd: CA 14 Oct 1994
Judges: Peter Smith J Citations: [2005] EWHC 2953 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Cited – South Australia Asset Management Corporation v York Montague Ltd etc HL 24-Jun-1996 Limits of Damages for Negligent ValuationsDamages for negligent valuations are limited to the foreseeable consequences of advice, and do not include losses arising from a … Continue reading Weston v Gribben: ChD 20 Dec 2005
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when their losses could be minimalised. They appealed a judgment limiting the claim … Continue reading Equitable Life Assurance Society v Ernst and Young: CA 25 Jul 2003
The police had information suggesting (wrongly) that a fugitive resided at an address. An armed raid followed, and the claimant occupant sought damages. Held: The tort of malicious procurement of a search warrant required it to be established both that there was no reasonable or probable cause for requesting the search warrant and that there … Continue reading Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003
The applicant sought damages from the council for misfeasance in public office. Protracted litigation had followed his dismissal after he had attempted to bring allegations of misconduct within the authority to the attention of a council committee. He appealed an order striking out his claim. Held: The distinction between a public officer exercising his power … Continue reading Cornelius v Hackney London Borough Council: CA 25 Jul 2002
Judges: Lord Justice Mummery Lord Justice Sedley The Vice-Chancellor Citations: [2003] EWCA Civ 1073 Links: Bailii Statutes: Channel Tunnel Rail Link Act 1996 Jurisdiction: England and Wales Cited by: See Also – Christos and Another v Secretary of State for the Environment, Transport and the Regions LT 11-Nov-2003 LT COMPULSORY PURCHASE – Compensation – dwellinghouse … Continue reading The Secretary of State for Transport v Christos, Christos: CA 25 Jul 2003
The copyright tribunal was given a wide discretion for the awarding of costs on applications made to it for licenses. The nature of the applications and the different basis makes it dangerous to import rules for awards from the general rules on costs. The Copyright Tribunal was wrong to award costs on an award to … Continue reading AEI Rediffusion Music Ltd v Phonographic Performance Ltd: CA 1 Feb 1999
Citations: [1997] EWCA Civ 3082 Jurisdiction: England and Wales Citing: See Also – D’Souza v London Borough of Lambeth EAT 6-Dec-1994 . . See Also – D’Souza v London Borough of Lambeth EAT 1-May-1995 . . See Also – D’Souza v Lambeth Borough Council EAT 18-Oct-1995 The employment tribunal held that it had not been … Continue reading D’Souza v Lambeth Borough Council: CA 10 Dec 1997
The applicant had been born and registered as a female, but later came to receive treatment and to live as a male. He complained that the respondent had failed to amend his birth certificate. Held: The court accepted that, by failing to confer on a transsexual a right to an amended birth certificate, the state … Continue reading Rees v The United Kingdom: ECHR 17 Oct 1986
The claimant ship owners challenged an award on two grounds. First, with permission, the owners appealed under section 69 of the Arbitration Act 1996 on the following question of law: ‘Whether, as a matter of law, owners were entitled to refuse early re-delivery of the Aquafaith (the vessel) at Jintang on 9 August 2011 and … Continue reading Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012
EAT The claimant said that she had been subjected to crass sexual banter by her senior manager. She refused to take up a post unless he was moved, and when he declined to so, she was dismissed.The court cited a US case ‘the trier of fact must keep in mind that each successive episode has … Continue reading Driskel v Peninsula Business Services Ltd Michael Huss Anthony Sutcliffe, Peter Done: EAT 17 Dec 1999
On a proper construction of the expression ‘place where the harmful event occurred’ in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the … Continue reading Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA: ECJ 7 Mar 1995
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could damages to fund arrangements using donor eggs be recovered? Third, in either event, could damages to … Continue reading Whittington Hospital NHS Trust v XX: SC 1 Apr 2020
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages. Held: The House having considered the issue in MacFarlane only recently it was inappropriate to change the rules set down in that case. Nothing had been put forward to argue … Continue reading Rees v Darlington Memorial Hospital NHS Trust: HL 16 Oct 2003
Child born after vasectomy – Damages Limited Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim. Held: The doctor undertakes a duty of care in regard to the prevention of pregnancy: it … Continue reading MacFarlane and Another v Tayside Health Board: HL 21 Oct 1999
Damages or removal of coal under land User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the houses on the surface. If … Continue reading Livingstone v Rawyards Coal Co: HL 13 Feb 1880
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed against findings that some policies, those which insured against injury ‘sustained’ during the policy period, as … Continue reading Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others: SC 28 Mar 2012
