Smith v The London and South Western Railway Company: 3 Mar 1854

Order for Account dependent on further claim

The owners of a patent for a peculiar mode of manufacturing iron wheels for railway carriages having discovered that several railway companies were violating their patent brought an action for damages against one of such companies only, but did not in any way give notice to the other companies to discontinue theiri nfringements of the Plaintiffs’ right. In the action the validity of the patent was disputed, and it was not decided until three years after the patent had expired, when a verdict was given for the Plaintiffs, with large damages. Thereupon the Plaintiffs filed a bill for an account of profits, and an injunction against another of the companies who had infringed their patent, complaining of acts done nine years before.
Held: The delay was not excused by the pendency of the action, but was fatal to the Plaintiffs’ case,
The right to a decree in equity for an account of the profits made by the manufacturing and use of articles in infringement of a patent is incident to the right to an injunction to restrain future infringement; and where no case is made for the injunction the account will not be decreed.

Citations:

[1854] EngR 319, (1854) Kay 408, (1854) 69 ER 173

Links:

Commonlii

Jurisdiction:

England and Wales

Equity, Intellectual Property

Updated: 09 December 2022; Ref: scu.293176

Alexander Hatfield v Lawrence Phillips, S Phillips, J E Larrieu, Lewis Rogers, And W Gray: 30 Jul 1845

A foreign owner of goods consigned them to a factor in London, to whom he indorsed the bill of lading in blank, and transmitted it, with instructions to receive and sell the goods. The factor received the goods, paid the freight and charges thereon, and entered them in his own name at the Custom House, by reason of which, and without the privity or express assent of the owner, he obtained a dock warrant, which he pledged for advances beyond the amount for which, as a factor, he had a lien on the goods.
Held that, under these circumstances, he was not intrusted with the dock warrant
within the meaning of the second section of the act 6 Geo. 4, c. 94.

Citations:

[1845] EngR 1172, (1845) 12 Cl and Fin 343, (1845) 8 ER 1440

Links:

Commonlii

Jurisdiction:

England and Wales

Contract, Transport

Updated: 09 December 2022; Ref: scu.304314

Gossip v Wright: HL 1869

The House considered the right to redeem a mortgage. Kindersley VC said: ‘There is no doubt that the broad rule is this: that the Court will not allow the right of redemption in any way ‘to be hampered or crippled in that which the parties intended to be a security either by any contemporaneous instrument with the deed in question, or by anything which this Court would regard as a simultaneous arrangement or part of the same transaction.’ The rule in comparatively recent times was. unsettled by certain decisions in the Court of Chancery in England which seem to have misled the learned Judges in the Full Court. But it is now firmly established by the House of Lords that the old rule still prevails and that equity will not permit any device or contrivance being part of the mortgage transaction or contemporaneous with it to prevent or impede redemption. The learned Counsel on behalf of the Respondents admitted as he was bound to admit that a mortgage cannot be made irredeemable. That is plainly forbidden. Is there any difference between forbidding re demption and permitting it, if the permission be a mere pretence? Here the provision for redemp tion is nugatory. The incumbrance on the lease the subject of the mortgage according to the letter of the bargain falls to be discharged before the lease terminates, but at a time when it is on the very point of expiring when redemption can be of no advantage to the mortgagor even if he should be so fortunate as to get his deeds back before the actual termination of the lease. For all practical purposes this mortgage is irredeem able. It was obviously meant to be irredeemable. It was made irredeemable in and by the mortgage itself.’

Judges:

Kindersley VC

Citations:

[1869] 32 LJ Ch 653, [1869] WR 1137

Jurisdiction:

England and Wales

Cited by:

Cited – Fairclough v The Swan Brewery Company Ltd PC 17-May-1912
. .
Cited – Brighton and Hove City Council v Audus ChD 26-Feb-2009
The claimant was the proprietor of a fourth legal charge on a title. It sought a declaration that a second charge in favour of the defendant was void as a clog on the proprietor’s equity of redemption. An advance secured by a first charge, also in . .
Lists of cited by and citing cases may be incomplete.

Equity

Updated: 09 December 2022; Ref: scu.304591

Tariquez-Zaman v London Deanery of Post Graduate Medical and Dental Education: CA 6 Nov 2008

Renewed application for leave to appeal against decision of the EAT.

Judges:

Wall LJ

Citations:

[2008] EWCA Civ 1226

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Dr Anya v University of Oxford and Another CA 22-Mar-2001
Discrimination – History of interactions relevant
When a tribunal considered whether the motive for an act was discriminatory, it should look not just at the act, but should make allowance for earlier acts which might throw more light on the act in question. The Tribunal should assess the totality . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 09 December 2022; Ref: scu.277567

Chen, Regina (on the Application of) v Secretary of State for the Home Department and Another: Admn 8 Jan 2009

The applicant for judicial review complained that he had been detained in a fast-track detention centre despite evidence of his medical condition, and despite evidence supporting his claim to have been tortured.

Judges:

Cranston J

Citations:

[2009] EWHC 116 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 09 December 2022; Ref: scu.280421

Chargot Ltd (T/A Contract Services) and Others, Regina v: CACD 13 Dec 2007

The defendant company appealed against its conviction under the 1974 Act after a driver was buried under the load when his truck overturned on a work-site.
Held: The appeal failed. The policy of the 1974 Act was to impose a positive burden on employers, rather than simply disciplining them for the breach of specific obligations. That being so, the prosecution was entitled simply to point to a state of affairs as amounting to a breach of the statutory duty. The risk which the prosecution must prove should be real as opposed to a fanciful or hypothetical. The relevant risk here was the risk of injury caused by driving the dumper truck. That this was a real risk was established by the fact that there was an accident. That was sufficient to justify the requirement that the first and second appellants should have the burden of proving that they had done all that was reasonably practicable to protect against that risk.

Judges:

Latham LJ, Gibbs and Jones JJ

Citations:

[2007] EWCA Crim 3032, [2008] ICR 517, [2008] 2 All ER 1077

Links:

Bailii

Statutes:

Health and Safety at Work etc Act 1974 37

Jurisdiction:

England and Wales

Cited by:

Cited – Chargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
The victim died on a farm when his dumper truck overturned burying him in its load.
Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of . .
Cited – Regina v Porter CACD 19-May-2008
Everyday risks may be outwith Health and Safety
The defendant appealed against his conviction under the 1974 Act. He was headmaster at a private school. A child of three jumped from steps in the playground injured his head and was taken to hospital where he contracted MRSA and died.
Held: . .
Appeal pending – N Ltd and Another, Regina v CACD 10-Jun-2008
The defence had requested and been give a ruling of no case to answer. The prosecutor now appealed saying that this had been before he had closed the prosecution case, and had been not with his consent.
Held: The prosecutor’s appeal succeeded. . .
Appeal from – Chargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
The victim died on a farm when his dumper truck overturned burying him in its load.
Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of . .
Lists of cited by and citing cases may be incomplete.

Crime, Health and Safety

Updated: 09 December 2022; Ref: scu.278932

Campbell and Others, Regina v: CACD 2 Feb 2009

The defendants appealed against their convictions for murder – saying that it had been a conviction based upon defective joint enterprise basis.
Held: The judge was right to reject the submission that there was no case to go to the jury. There was evidence on which the jury was entitled to conclude that causation was established from the injuries inflicted.

Citations:

[2009] EWCA Crim 50

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 09 December 2022; Ref: scu.280420

Lavery, Regina v: CACD 9 Oct 2008

Where an offence which was one schedules as to be taken into consideration was in fact more serious than the offence tried, there was no reason why the court should not impose a greater sentence for the greater offence.

Judges:

Lord Judge, Lord Chief Justice, Mr Justice Owen and Mr Justice

Citations:

[2008] EWCA Crim 2499, Times 20-Oct-2008, [2009] 3 All ER 295, (2008) 172 JPN 806

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 09 December 2022; Ref: scu.277324

Jahn And Others v Germany: ECHR 22 Jan 2004

Hudoc Violation of P1-1 ; Not necessary to examine Art. 14 + P1-1 ; Just satisfaction reserved 46720/99 ; 72203/01 ; 72552/01

Citations:

46720/99, 72203/01, [2004] ECHR 36

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Jahn And Others v Germany ECHR 30-Jun-2005
A deprivation of property without compensation can, in certain circumstances, be compatible with Article 1. . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 09 December 2022; Ref: scu.277186

Herbert and Others, Regina v: CACD 29 Oct 2008

The defendants appealed their sentences for murder and grievous bodily harm. Each was sentenced with minimum periods set under section 216 of the 2003 Act. Five youths (including the defendants) had severely beaten up a young man, and when his girlfriend intervened the assaulted and killed her.
Held: The judge had taken as a starting point the twelve year sentence set out in the Act and adjusted it for the age of the defendants, and then for the serious aggravating factors. But for their age, he said the starting point would have been 30 years. The question for the judge should have been whether the seriousness of the case was sufficiently high, recognising that the list of factors in the section was not exhaustive. The judge had found this to be a hate crime based solely on the different appearance of the victims as goths. Nor could the judge’s findings that the defendants would pose a continuing threat after release be faulted. The appeals failed. The first defendant’s admission of his involvement had however been disclosed in his defence statement, and therefore not only on the day of trial, and his minimum term was to be reduced by one year.

Judges:

Lord Judge, Lord Chief Justice, Mr Justice Owen and Mr Justice Christopher Clarke

Citations:

[2008] EWCA Crim 2501, Times 24-Nov-2008, [2009] 2 Cr App Rep (S) 9

Links:

Bailii

Statutes:

Criminal Justice Act 2003 226

Jurisdiction:

England and Wales

Citing:

Cited – Height and Anderson, Regina v CACD 29-Oct-2008
The appellants had been convicted of a murder. They appealed against the minumum sentences as set, saying that the application of the 2003 Act produced an unfair result. The murder was of the wife of the second defendant who paid the first to . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 09 December 2022; Ref: scu.277323

OJSC Oil Company Yugraneft v Abramovich and others: ComC 29 Oct 2008

The claimants sought damages alleging a massive fraud by the defendants. The court considered whether the parties could receive a fair trial of the action in Russia.
Held: They could. Christopher Clarke J said: ‘Firstly, this case is in no way comparable to Cherney v Deripaska, [2008] EWHC 1530 (Comm), in which the claimant, a Russian exile and persona non grata in Russia, was given permission to serve out in circumstances where the agreement sued on, as a result of which he claimed a 20% interest in the largest aluminium company in the world, was made in England. The evidence gave grounds for believing that if the proceedings took place in Russia (a) he faced a greater risk of assassination (there having been a previous Russian originated attempt on his life); (b) there was a real risk that he might be arrested on trumped up charges; (c) and, because of the very close links between Mr Deripaska and the Russian state, he might very well not receive a fair trial. ‘
Here Yugraneft a Russian company, one of whose shareholders is the City of Moscow, is a seasoned litigator in Russia. It has not been without success. In the bankruptcy proceedings it has enjoyed complete success, as appears from the course of proceedings summarised in Appendix 5. It is open to it to appeal the investigator’s refusal but it has decided not to do so. Mr Kotov says that he did not initiate an appeal because he considered it likely that it would be dismissed for reasons unconnected with the merits of the complaint. This view appears to be based on a conversation reported to him by an officer at the Ministry of Internal affairs involved in pre-investigative research into the complaint which that officer had had with Mr Davidovich in which the latter had said that the investigation ‘has no prospects’, ‘does not mean anything’ and ‘will be closed anyway so there is no point in you talking to me’.
Professor Eksarkhopulo’s evidence indicates that there can be real problems in securing the prosecution of important people for economic crimes, and that a thriving practice has grown up known as ‘raiding’ whereby property is unlawfully seized in the belief that no criminal case will come of it as a result of the investigators’ incompetence or corruption. Yugraneft claims that there are well recognised problems of corruption in the Russian Courts. Presidents Putin and Medvedev have acknowledged as much, as has Valery Zorkin, the President of the Constitutional Court. In October 2004 he told Izvestiya that
‘the courts are very vulnerable to attack from business in the form of corruption. Bribe-taking in the courts has become one of the strongest corruption markets in Russia. Judicial corruption is built into various corruption networks operating at different levels of power: for example, networks for causing criminal cases to collapse and for taking over businesses’.
In May 2008 President Medvedev expressed the ‘particular concern of the state’ in relation to the ‘corruption in the law enforcement bodies and the judiciary’.
Reliance is placed on the evidence of Mr Vladimir Soloviev, a Russian broadcaster with a colourful background, who claims to be, inter alia, an investigative journalist. He refers to a failure by the Chairwoman of the Federal Arbitazh Court of Moscow Circuit to procure a prosecution against him for pointing out that she had obtained in dubious circumstances four apartments in Moscow, one of them at an undervalue from a party in a case before her at a cost of 50 times her judicial salary. He also refers to a defamation action brought by Mr V. Boyev, an adviser in the Presidential Department for personnel issues and State awards, who took exception to reports he made about the latter’s exercise of improper influence over judges. The action was withdrawn when he obtained the evidence of a judge that Mr Boyev had requested that she change her ruling and told her that if she did not her reappointment as Deputy Chairwoman was in jeopardy.
I have no doubt that Russia has had, and has, corruption problems with some of its judges; and that there is a widespread public perception of judicial corruption and political interference in the judicial process: see ‘Striving for Judicial Independence’, IBA Human Rights Institute Report, June 2005. Professor Eskarkhopulo gives evidence of specific examples of judicial corruption in his second report. I am equally clear that there are many judges who are not corrupt. The evidence is insufficient to persuade me that, if there was an appeal from the investigator’s refusal to initiate a prosecution, it would be likely to be determined contrary to its merits because Yugraneft was the complainant or because Mr Davidovich, Mr Matevosov or Mr Abramovich were the respondents. The litigation in which Yugraneft has so far engaged does not bear tell tale indicia of impropriety such as repeated determinations of different cases by the same judge without good reason, departure from normal curial practice, irrational conclusions or the like. Since Yugraneft has not attempted to appeal the Investigator’s refusals it is not possible to know what a Russian judge would make of the submissions cogently advanced before me in reliance on Professor Eskarkhopulo’s material, or to say that, in the event of a favourable judicial ruling, a subsequent prosecution would, for improper reasons, be doomed never to take place.
Lastly, if and insofar as reliance is placed upon the unsatisfactory nature of a system in which claims based on commercial fraud must await the outcome of a criminal prosecution which may never be brought, that is a characteristic of Russian law under which Sibir and Yugraneft, (behind which there lies, amongst others, the City of Moscow) and Mr Abramovich have chosen to do business. It was at one time part of English law so far as felonies were concerned.’

Judges:

Christopher Clarke J

Citations:

[2008] EWHC 2613 (Comm)

Links:

Bailii

Statutes:

Council Regulation (EC) No 44/2201)

Jurisdiction:

England and Wales

Cited by:

Cited – Pacific International Sports Clubs Ltd v Soccer Marketing International Ltd and Others ChD 24-Jul-2009
The parties disputed ownership of shares in the football club Dynamo Kiev. Claims were to be made under Ukrainian company law and in equity. The claimant (a company registered in Mauritius) sought to proceed here. The defendants (largely companies . .
Cited – Varsani v Relfo Ltd CA 27-May-2010
The defendant appealed against refusal of a declaration that the court had no jurisdiction to hear the claim. He said that he lived in Kenya, and the claimant had failed first to apply for leave to serve out of the jurisdiction. The claimant had . .
Cited – Calzaghe v Warren QBD 20-Jan-2010
The claimant boxer had secured judgement for fight fees from a company operated by the respondent manager and promoter. After the judgment the defendant had put the company into administration. The claimant now sought payment from the defendant . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Jurisdiction

Updated: 09 December 2022; Ref: scu.277338

Vyner v Waldenberg Brothers Ltd: CA 1946

Vyner was working a circular saw when part of his thumb was cut off. The saw failed in several respects to comply with the Woodworking Machinery Regulations, and in particular the guard was not properly adjusted. The accident happened before the passing of the 1945 Act, and the main defence was contributory negligence.
Held: Scott LJ said: ‘If there is a definite breach of a safety provision imposed on the occupier of a factory, and a workman is injured in a way which could result from the breach, the onus of proof shifts on to the employer to show that the breach was not the cause. We think that that principle lies at the very basis of statutory rules of absolute duty.’

Judges:

Scott LJ

Citations:

[1946] KB 50

Statutes:

Law Reform (Contributory Negligence) Act 1945

Jurisdiction:

England and Wales

Citing:

Cited – Lee v Nursery Furnishings Ltd CA 1945
A Court should not be astute to find against either party, but should apply the ordinary standards. Lord Goddard said: ‘In the first place I think one may say this, that where you find there has been a breach of one of these safety regulations and . .

Cited by:

Criticised – Bonnington Castings Ltd v Wardlaw HL 1-Mar-1956
The injury of which the employee complained came from two sources, a pneumatic hammer, in respect of which the employers were not in breach of the relevant Regulations; and swing grinders, in respect of which they were in breach.
Held: It had . .
Cited – Wilsher v Essex Area Health Authority HL 24-Jul-1986
A premature baby suffered injury after mistaken treatment by a hospital doctor. He had inserted a monitor into the umbilical vein. The claimant suggested the treatment should have been by a more senior doctor. The hospital appealed a finding that it . .
Lists of cited by and citing cases may be incomplete.

Health and Safety, Personal Injury

Updated: 09 December 2022; Ref: scu.272564

Cooper and Others v Shield: 1971

Citations:

[1971] 2 All ER 917

Statutes:

Public Order Act 1936 5

Jurisdiction:

England and Wales

Cited by:

Cited – Brutus v Cozens HL 19-Jul-1972
The House was asked whether the conduct of the defendant at a tennis match at Wimbledon amounted to using ‘insulting words or behaviour’ whereby a breach of the peace was likely to be occasioned contrary to section 5. He went onto court 2, blew a . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 December 2022; Ref: scu.270833

HB v Secretary of State for the Home Department: CA 11 Jul 2008

The claimant appealed against the decision to deport him made on the basis of hs propensity to criminality. The court was asked whether a propensity to commit robberies was a sufficiently serious threat to society to allow expulsion. However it first had to asked whether it could consider this point which had not been addressed on application for leave to appeal.
Held: The court could address such a point while re-affirming the principles in Robinson. There was no existing guidance on the point at issue. The 2004 Directive made a distinction between offences of dishonesty and offences of violence. The tribunal had been entitled to conclude that the defendant posed a serious threat of violence.

Judges:

Lord Justice Waller, Lord Justice Buxton and Lady Justice Smith

Citations:

[2008] EWCA Civ 806, Times 25-Jul-2008, [2009] 2 WLR 992, [2009] QB 536

Links:

Bailii

Statutes:

Immigration (European Economic Area) Regulations 2006 (SI 2006 No 1003), Citizens Directive 2004/38/EEC (OJ June 29, 2004 L229/35)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Immigration Appeals Tribunal ex parte and Similar CA 11-Oct-1996
The Court of Appeal could only deal with an appeal on points of law arising from the Immigration Appeal Tribunal’s decision. Consequently, it could only allow an appeal on points of law in respect of which the tribunal had jurisdiction, either . .
Cited – Van Duyn v Home Office ECJ 4-Dec-1974
LMA Miss Van Duyn, a Dutch national, wished to enter the UK to take up work with the Church of Scientology. Art 48EC (new Art.39EC) confers rights on the individuals of each Member State to go to another MS (host . .
Lists of cited by and citing cases may be incomplete.

Immigration, European

Updated: 09 December 2022; Ref: scu.270703

McGuane v Welch: CA 11 Jul 2008

Appeal from a decision applying the doctrines of proprietary estoppel and constructive trust to dealings between the parties about a long lease of residential property acquired by a council tenant in the exercise of his statutory right to buy.

Citations:

[2008] EWCA Civ 785

Links:

Bailii

Jurisdiction:

England and Wales

Estoppel, Trusts, Land

Updated: 09 December 2022; Ref: scu.270704

Rex v De Berenger: 1814

The defendants were successfully prosecuted for conspiring by false rumours to raise the price of the public funds, causing loss to those who bought during this temporary rise.

Citations:

(1814) 3 M and S 67

Jurisdiction:

England and Wales

Cited by:

Cited – Norris v United States of America and others HL 12-Mar-2008
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act.
Held: It was not, and it would . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 09 December 2022; Ref: scu.270741

Gedminintaite, Regina v: CACD 15 Feb 2008

Application for leave to appeal against a ruling given by His Honour Judge Gibson as to how he would address the jury in a case of an offence under the Dangerous Dogs Act 1991. Rottweiler with no history of aggression attacking passer by.
Held: Leave refused: ‘On either the interpretation propounded in Rafiq or that of Kennedy LJ in Bezzina, this dog was dangerously out of control. We are inclined to go further. In any event the definitions section, section 10, is not exclusive. It does not read as a matter of construction, ‘For the purposes of this Act, a dog shall only be regarded as dangerously out of control ….’ and then proceed to the definition. Therefore we feel ourselves entitled to go back to the straightforward words of section 3: ‘If a dog is dangerously out of control in a public place ….’ In our judgment, this dog was dangerously out of control in a public place. That was amply evidenced by the way it behaved and the fact that it was not controlled by its handler.’

Judges:

Keene LJ, Hall HHJ

Citations:

[2008] EWCA Crim 814, (2008) 172 JP 413

Links:

Bailii

Statutes:

Dangerous Dogs Act 1991 3

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bezzina, Regina v Codling, Regina v Elvin CACD 7-Dec-1993
The offence under section 3(1), requiring the owner to keep a dangerous dog under control, is one of strict liability. The court noted the difference in wording between the sections.
Kennedy LJ said: ‘Accordingly, we come to the conclusion . .
Cited – Rafiq v Director of Public Prosecutions QBD 1997
The court heard an appeal from conviction of an offence under section 3.
Held: The court referred to Bezzina.
Popplewell J dissented from the approach in Bezzina, saying: ‘It seems to me that in order to impose some logic in this case the . .
Lists of cited by and citing cases may be incomplete.

Crime, Animals

Updated: 09 December 2022; Ref: scu.270589

N Ltd and Another, Regina v: CACD 10 Jun 2008

The defence had requested and been give a ruling of no case to answer. The prosecutor now appealed saying that this had been before he had closed the prosecution case, and had been not with his consent.
Held: The prosecutor’s appeal succeeded. The Galbraith case did not suggest that the judge had the power he had taken. Such a ruling required either that the prosecution’s case had been formally closed, or that the effect of the prosecutor’s evidence had been agreed: ‘There is sound reason for the jurisdiction to entertain a submission that there is no case to answer to be exercised at the close of the Crown case. It is then that it is known for certain what the evidence actually is. Until then, the most that can be known is what it is expected to be. In the present case, whilst it was known what the witness statements said, it could not be known exactly how the evidence would come out. ‘

Judges:

Lord Justice Hughes, Mr Justice Teare and Mr Justice Saunders

Citations:

[2008] EWCA Crim 1223, Times 25-Aug-2008, [2009] 1 Cr App Rep 3, [2008] 1 WLR 2684

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Appeal pending – Chargot Ltd (T/A Contract Services) and Others, Regina v CACD 13-Dec-2007
The defendant company appealed against its conviction under the 1974 Act after a driver was buried under the load when his truck overturned on a work-site.
Held: The appeal failed. The policy of the 1974 Act was to impose a positive burden on . .
Cited – Regina v Chairman, London County Quarter Sessions, ex parte Downes 1953
The Judge had acceded to a defence submission of no case, made in advance of arraignment on the basis of the depositions, and had quashed the indictments.
Held: The Divisional Court granted an order of mandamus requiring the court to try the . .
Cited – Regina v Griffiths 1981
The Judge had purported to strike out a number of cases on the ground that prosecuting counsel was not immediately in court when they were called on. He then ordered that verdicts of ‘not guilty’ be entered. The Crown obtained voluntary bills of . .
Cited – Regina v Leadbeater 1988
The Judge was invited by both prosecution and defence to rule in advance of the case being opened whether there was a case to answer. He ruled that there was. The Defendant thereupon pleaded guilty. He appealed.
Held: The appeal failed. The . .
Cited – Regina v MacKenzie 1993
The defendant had been charged with two killings. The evidence depended on confessions he had made. He had, however, confessed also to twelve other killings, none of which the Crown believed he could have committed and at least some of which he . .
Cited – Attorney General’s Reference (No 2 of 2000) CACD 23-Nov-2000
The defendant had faced a charge of possessing an offensive weapon, namely a rice flail. The judge invited the prosecution to reconsider the case before it started, but the case went ahead. After the jury was empanelled, but before the prosecutor . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 December 2022; Ref: scu.270458

Morison v Moat: 1852

Affirmed

Citations:

(1852) 21 LJ Ch (NS) 248

Jurisdiction:

England and Wales

Citing:

Appeal from – Morison v Moat 20-Aug-1851
A servant, Moat, sought to use a secret formula of his employer’s. The plaintiff requested an injunction to restrain use of the formula.
Held: The Vice Chancellor reiterated the principles, as to which he said there was ‘no doubt’, adding: . .

Cited by:

Cited – Lord Ashburton v Pape CA 1913
Pape’s bankruptcy discharge was opposed by Lord Ashburton. He subpoenaed Brooks, a clerk to Lord Ashburton’s solicitor and obtained privileged letters written by Lord Ashburton to Mr Nocton, which Pape proposed to use. Pape and Brooks had colluded. . .
Lists of cited by and citing cases may be incomplete.

Employment, Information

Updated: 09 December 2022; Ref: scu.270394

United States of America v McVey: 19 Nov 1992

(Supreme Court of Canada) La Forest J said: ‘Consistent with the general principle that extradition laws should be liberally construed so as to achieve the purposes of the Treaty, a much less technical approach to extradition warrants and to common law warrants has been adopted. .’

Judges:

La Forest J

Citations:

[1992] 3 SCR 475, (1992), 97 DLR (4th) 193, [1993] 1 WWR 289, (1992) 77 CCC (3d) 1, (1992), 73 BCLR (2d) 145

Links:

Canlii

Jurisdiction:

Canada

Cited by:

Cited – Norris v United States of America and others HL 12-Mar-2008
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act.
Held: It was not, and it would . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 09 December 2022; Ref: scu.270745

Rockware Glass Ltd, Regina (on the Application of) v Quinn Glass Ltd and Another: CA 15 Jun 2006

Challenge to terms of Integrated Pollution Prevention and Control permit

Citations:

[2006] EWCA Civ 992, [2007] Env LR 3, [2007] JPL 217

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Rockware Glass Ltd, Regina (on the Application of) v Chester City Council and Another Admn 24-Oct-2005
. .

Cited by:

Cited – Edwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
Lists of cited by and citing cases may be incomplete.

Environment, Licensing

Updated: 09 December 2022; Ref: scu.270180

Wood v Collins: CA 11 May 2006

W appealed a sentence (28 days suspended) for contempt of court by her estranged husband, saying it had been too lenient. The respondent had been committed for contempt of court. He had his sentence reduced on appeal. She now sought to appeal in turn.
Held: There was nothing in the rules to suggest that only a contemnor could appeal the sentence handed down.

Judges:

Thorpe LJ, Gage LJ, Hedley J

Citations:

Times 26-Jun-2006, [2006] EWCA Civ 743

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – The Government of Sierra Leone v Davenport and others CA 2002
An application was made to commit a defendant for contempt of court in failing to comply with parts of a court order.
Held: He was found to have been in contempt but the failure had been cured and no penalty beyond costs was imposed on him. . .
Lists of cited by and citing cases may be incomplete.

Family, Contempt of Court

Updated: 09 December 2022; Ref: scu.270174

Regina v Osei: 1988

The defendant appealed a confiscation order. She was a drug courier armed with a sum of cash to enable her to show that she could support herself in order to enter the country.
Held: The word ‘payment’ was apt to cover not merely a profit or fee but also a payment of this kind.

Citations:

(1988) 10 Cr App R (S) 289

Jurisdiction:

England and Wales

Cited by:

Cited – May, Regina v HL 14-May-2008
The defendant had been convicted of involvement in a substantial VAT fraud, and made subject to a confiscation order. He was made subject to a confiscation order in respect of the amounts lost to the fraud where he was involved, but argued that the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 December 2022; Ref: scu.267675

Brisbane South Regional Health Authority v Taylor: 2 Oct 1996

(High Court of Australia) McHugh J said that the public interest requires disputes to be settled as quickly as possible.

Citations:

[1996] HCA 25, (1996) 186 CLR 541, (1996) 139 ALR 1, (1996) 70 ALJR 866

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Bowden v Poor Sisters of Nazareth and others and similar HL 21-May-2008
The appellants said they had suffered abuse while resident at children’s homes run by the respondents. The respondents denied the allegations and said that they were also out of time. The claims were brought many years after the events.
Held: . .
Lists of cited by and citing cases may be incomplete.

Limitation

Updated: 09 December 2022; Ref: scu.267964

Rex v Bainbridge: 1782

Judges:

Lord Mansfield CJ

Citations:

(1783) 22 St Tr 1

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Hudson 1956
To avoid the payment of tax by positive false representations constitutes a fraud on the Crown and a fraud on the public. It is a common law offence and is indictable as such. . .
Cited – Total Network Sl v Revenue and Customs HL 12-Mar-2008
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 09 December 2022; Ref: scu.268781