Hornsby v Clarke Kenneth Leventhal (A Firm): SCCO 16 Jun 2000

Citations:

[2000] EWHC 9012 (Costs), [2000] 4 All ER 567, [2000] 2 Costs LR 295

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Hornsby and others v Clark Kenneth Leventhal (a Firm) and others CA 19-Mar-1998
. .

Cited by:

Cited – Kris Motor Spares Ltd v Fox Williams Llp QBD 12-May-2010
The claimant sought to challenge the After the Event Insurance (ATE) bought by its solicitors late in the day in their claim, before then withdrawing the conditional fee agreement. The premium was over andpound;90,000.
Held: The appeal failed. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 09 December 2022; Ref: scu.235629

Fletcher v The Commissioners of Public Works in Ireland: 21 Feb 2003

(Irish Supreme Court)

Citations:

[2003] 1 IR 465

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
Lists of cited by and citing cases may be incomplete.

International, Personal Injury, Damages

Updated: 09 December 2022; Ref: scu.238197

Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for Reporting Restriction Orders): 2005

Citations:

[2005] 2 FLR 111

Jurisdiction:

England and Wales

Cited by:

Cited – E v Channel Four, News International Ltd and St Helens Borough Council FD 1-Jun-2005
The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be . .
Lists of cited by and citing cases may be incomplete.

Media, Family

Updated: 09 December 2022; Ref: scu.231164

Armitage v Nurse: SCCO 11 Apr 2000

review of counsel’s fees in a legal aid only case

Judges:

Mr Justice Lloyd Sitting with Assessors

Citations:

[2000] EWHC 9008 (Costs)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Armitage v Nurse; etc CA 19-Mar-1997
A clause in a trust deed may validly excuse trustees from personal liability for even gross negligence. The trustee was exempted from liability for loss or damage ‘unless such loss or damage shall be caused by his own actual fraud’.
Held: The . .
At first Instance – Armitage v Nurse and Others ChD 3-Jul-1995
A clause exonerating trustees from responsibility for breaches of duty will be construed strictly against them. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 09 December 2022; Ref: scu.235625

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 indictment, on the ground that there was no power to do what the Judge had done: ‘If this course were permissible, it would enable a court, the members of which disapproved of or disliked a statute, the breach of which formed the subject matter of the indictment, simply to quash it and decline to try it.’
Lord Goddard remarked that no member of the court had ever heard of the quashing of an indictment in such circumstances, nor could any authority be found to support it. That was notwithstanding the presence in the case of an array of extremely experienced criminal advocates.

Judges:

Lord Goddard CJ

Citations:

[1954] 1 QB 1, (1953) 37 Cr App R 148

Jurisdiction:

England and Wales

Cited by:

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 . .
Cited – 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. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 December 2022; Ref: scu.238127

Re D (Jurisdiction: Programme of Assessment or Therapy): CA 12 May 1999

The parents were dependent on drugs. The guardian ad litem proposed that the authority should fund treatment of the parents and child in a residential unit with assessment. The authority proposed a detoxification programme. The authority appealed an order following the guardian’s recommendation.
Held: The order was for treatment not assessment and therefore outside the court’s power under s38. The power under s38 was to allow an assessment to assist consideration of a final order. A programme might be an ‘assessment’ even if there were an ingredient of ancillary therapy but that a programme which was substantially therapeutic would not fall within section 38(6) even if it involved some element of assessment. Auld LJ said that a section 38(6) direction for therapy to be offered to a parent could be justified if ‘ . . therapy in the short term may assist in assessing whether further therapy may produce a relevant change for the better, and thus be a useful guide to the court when considering the future of the child at the full care stage.’

Judges:

Thorpe LJ, Auld LJ

Citations:

[1999] EWCA Civ 1390, [1999] 2 FLR 632, [2000] 1 FCR 436, [1999] Fam Law 615

Links:

Bailii

Statutes:

Children Act 1989 38(6)

Jurisdiction:

England and Wales

Citing:

Cited – In the Matter of B (Minors) CA 22-Jul-1998
The court had directed that the parents of the child be offered therapeutic treatment which, it was hoped, would enable their child to be entrusted to their care. The local authority appealed.
Held: The appeal succeeded. Thorpe LJ said that . .
Cited – In Re M (Residential Assessment Directions) FD 23-Sep-1998
When ordering a local authority to pay the costs of residential assessment of mother and child, the court should allow for these factors. It must be assessment not treatment, in long term interests of the child, to enable court to decide and not . .

Cited by:

Cited – Kent County Council v G and others HL 24-Nov-2005
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 09 December 2022; Ref: scu.228157

Siporex Trade SA v Banque Indosuez: 1986

An instrument was issued by a bank under an obligation in an international trade agreement to provide a performance bond. The instrument was described in correspondence between the parties and the bank as a performance bond.
Held: ‘There is in my judgment no real hardship on the bank in imposing this strict liability to pay. A performance bond is a commercial instrument. No bank is obliged to enter into it unless they wish to and no doubt when they do so, they properly exact commercial terms and protect themselves by suitable cross-indemnities, such as were entered into in the present case.’

Judges:

Hirst J

Citations:

[1986] 2 Lloyd’s Rep 146

Jurisdiction:

England and Wales

Cited by:

Cited – Marubeni Hong Kong and South China Ltd v Ministry of Finance of Mongolia CA 13-Apr-2005
A letter was written by the Mongolian Ministry of Finance guaranteeing payment for textile plant and machinery to be supplied to a Mongolian company. A letter from the justice minister confirmed the authority of the finance minister to sign the . .
Lists of cited by and citing cases may be incomplete.

Banking, Litigation Practice

Updated: 09 December 2022; Ref: scu.225898

Pentrehobyn Trustees (Trustees of Pentrehobyn Settlement) v National Assembly for Wales: LT 14 Nov 2002

LT COMPENSATION – land acquired for bypass – 17 years between announcement of scheme and entry – no planning permission to be assumed under statutory assumptions – whether planning permission for B1 development would have been granted – whether hope value – approach to these questions – whether cancellation assumption or no-scheme world – negative section 17 certificate – effect of this – held correct approach no-scheme world assumption – claimants failing to show permission would have been granted or hope value.

Citations:

[2002] EWLands ACQ – 116 – 2000

Links:

Bailii

Jurisdiction:

England and Wales

Land, Damages

Updated: 09 December 2022; Ref: scu.225719

Steel and Morris v McDonald’s Corporation and Mcdonald’s Restaurants Ltd: CA 30 Apr 1999

The respondents had achieved a substantial damages award against the appellants. The appellants said they had achieved success on two points and sought an order in their favour for the costs of those elements.
Held: ‘The appellants have no order for costs against them and it is impossible in our view for them now to seek an order for costs in their favour when the most they could have hoped for, by reason of their partial success on this appeal, was the reduction of the order for costs against them by way of a proportional reduction. ‘

Citations:

[1999] EWCA Civ 1319

Jurisdiction:

England and Wales

Citing:

See Also – Steel and Morris v McDonald’s Corporation and Mcdonald’s Restaurants Ltd CA 31-Mar-1999
The appellants had lost a substantial defamation claim against them brought by the respondents. They appealed. . .

Cited by:

See Also – Steel and Morris v McDonald’s Corporation and Mcdonald’s Restaurants Ltd CA 31-Mar-1999
The appellants had lost a substantial defamation claim against them brought by the respondents. They appealed. . .
Lists of cited by and citing cases may be incomplete.

Defamation, Costs

Updated: 09 December 2022; Ref: scu.223400

Regina v Maxwell: HL 1990

The defendant had hired two men to enter his former partner’s house to commit robbery. It was his defence that he did not contemplate violence, and that he was only guilty of the offence of burglary. The prosecution would not add a count of burglary and opposed leaving that offence to the jury, maintaining that the crime was always intended to be a robbery, and that it was not a burglary which had gone wrong. The jury accepted this view.
Held: Lord Ackner: ‘on the facts of this case the judge was entitled to conclude that the alternative of theft was relatively so trifling that the jury’s attention upon the essential issue – did the appellant intend violence to be used? – should not be distracted.’ He opposed the view of Mustill LJ in the Court of Appeal. The test to be applied was: ‘What is required in any particular case, where the judge fails to leave an alternative offence to the jury, is that the court, before interfering with the verdict, must be satisfied that the jury may have convicted out of a reluctance to see the defendant get clean away with what, on any view, was disgraceful conduct. If they are so satisfied then the conviction cannot be safe or satisfactory.’

Judges:

Lord Ackner

Citations:

[1990] 1 WLR 401, (1990) 91 Cr App R 61, [1990] 1 All ER 801

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Maxwell CACD 1988
The defendant admitted paying two others to burgle his partner’s home, but said he had not anticipated violence, and appealed against his conviction for robbery, saying the judge should have left the alternative verdict to the jury. The jury, during . .
Reviewed – Regina v Fairbanks CACD 1986
The defendant complained that the judge had not left an alternate verdict of careless driving to the jury where he had been charged with driving a motor vehicle on the road recklessly.
Held: The conviction was quashed.
Mustill LJ said: . .

Cited by:

Cited – Sutton London Borough Council v S and Another QBD 26-Oct-2004
Parents had had charges brought against them by the appellant for failing to ensure the attendance of their child at school dismissed. The authority appealed.
Held: The authority should have considered more carefully whether it was appropriate . .
Cited – Coutts, Regina v CACD 21-Jan-2005
The defendant appealed his conviction for murder, saying that the judge should have left to the jury the alternative conviction for manslaughter. The victim had died through strangulation during a sexual assault by the defendant. He said it had not . .
Cited – Hunter, Moodie v The Queen PC 8-Oct-2003
PC (Jamaica) The defendants appealed against their convictions for capital murder.
Held: The appeals were allowed, and non-capital convictions substituted. It is not enough to comply with section 2(2), for . .
Cited – Regina v Coutts HL 19-Jul-2006
The defendant was convicted of murder. Evidence during the trial suggested a possibility of manslaughter, but neither the defence nor prosecution proposed the alternate verdict. The defendant now appealed saying that the judge had an independent . .
Cited – Regina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 December 2022; Ref: scu.220043

Dormers Wells Infant School v Gill: EAT 16 Jul 1999

EAT Unfair Dismissal – Reason for dismissal including substantial other reason.

Judges:

His Honour Judge Peter Clark

Citations:

[1999] UKEAT 596 – 97 – 1607, EAT/596/97

Links:

Bailii, EAT

Jurisdiction:

England and Wales

Citing:

Cited – Age Concern Scotland v Hines EAT 1983
An employee in a unique position within a company could not have a normal retirement age. ‘For [Miss Hines] it was argued that she fell into a category of one, being the only counselling organiser employed by the appellants, and that there were . .
Cited – Patel v Nagesan CA 1995
Mrs Nagesan’s contract specified no retirement age. She was dismissed on attaining 60. The employers disputed the tribunal’s jurisdiction, saying they had written to all employees, including Mrs Nagesan, purporting to introduce a new retiring age of . .
See Also – Gill Dormer Wells Infant School v Gill EAT 14-Oct-1998
. .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 09 December 2022; Ref: scu.205425

Re Thoars (Dec’d); Reid v Ramlort Ltd: ChD 2003

The company claimed the benefit of an insurance policy. They had paid certain premiums and the trustee had made a declaration that it was held on trust for the company. The insured died in Scotland, intestate and insolvent.
Held: The declaration of trust was a transaction at an undervalue. The policy was held on trust to return the premiums to the company, with the balance upon trust for the deceased’s insolvent estate.

Judges:

Judge Norris QC

Citations:

[2003] EWHC 1999 (Ch), [2003] BPIR 1444

Jurisdiction:

England and Wales

Citing:

Preliminary hearing – Re Thoars (Dec’d); Reid v Ramlort Ltd ChD 15-Nov-2002
The deceased had a valuable life insurance policy. Before an operation he wrote it in trust with no consideration. He died in the operation. He was insolvent. The issue was as to when the policy was to be valued.
Held: The property was to be . .
Cited – In re M C Bacon Ltd ChD 1990
A liquidator claimed that the costs of an unsuccessful attempt to set a floating charge aside should be paid out of the assets subject to the charge in priority to the claims of the charge holder.
Held: The rule was a complete statement of the . .
Cited – Phillips (Liquidator of A J Bekhor and Co ) and Another v Brewin Dolphin Bell Lawrie HL 18-Jan-2001
The company sold its business to the respondent for one pound, but the respondent agreed to sublease computer equipment for an amount equivalent to the value of the company. The company defaulted, and the computer equipment was recovered. The . .
Cited – National Westminster Bank plc v Jones and Others CA 24-Oct-2001
The respondent farmers charged the farm by way of an agricultural floating charge to the claimants. On coming into difficulties, they set up a limited company and granted a tenancy in its favour and transferred assets to it. The bank obtained . .

Cited by:

Appeal from – Ramlort Ltd v Michael James Meston Reid CA 8-Jul-2004
The company sought to claim under a life policy. The deceased had died in Scotland insolvent. The trustee of the policy had declared that he held it on trust for the claimant, but the defendant, the judicial factor of the estate, said the . .
Cited – Hill and Another v Haines ChD 3-May-2007
The husband and wife had separated and divorced. In ancillary proceedings, the family home had been transferred to the wife under a court order. The judge had noted that the husband was hopelessly insolvent, and he was made bankrupt some time later . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Wills and Probate

Updated: 09 December 2022; Ref: scu.213657

Societe Anonyme d’Intermediaries Luxembourgeois v Farex Gie: CA 1995

The court considered the duty of disclosure impsed upon an insured: ‘Why should it be a breach of good faith sufficient to deprive the assured of his contract if the agent fails to disclose something which, had the assured known of it, would not have had to have been disclosed by the latter?’

Judges:

Saville LJ

Citations:

[1995] LRLR 116

Jurisdiction:

England and Wales

Cited by:

Cited – HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 09 December 2022; Ref: scu.219282

Wilson v National Coal Board: HL 1981

A entire colliery closed down and all employees other than the pursuer were offered and accepted alternative employment, thus disqualifying them from receiving redundancy payments. The pursuer, who had been injured by the accident for which the defendants were responsible, was declared redundant and received such a payment.
Held: A redundancy payment is not compensation for a loss of future earnings but rather for the loss of a settled job. In calculating damages for his injuries, credit should be given for the redundancy payment on the application of the principles laid down in Parry v Cleaver [1969] UKHL 2; [1970] AC 1 and, in particular, the public policy consideration that otherwise employers would be tempted to dismiss workers on grounds of incapacity rather than redundancy, where those alternatives were open.

Judges:

Lord Keith of Kinkel

Citations:

1981 SC (HL) 9, 1981 SLT 67

Jurisdiction:

Scotland

Citing:

Approved – 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 – Cantwell v Criminal Injuries Compensation Board HL 5-Jul-2001
When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, . .
Cited – Baldwin v British Coal Corporation QBD 11-May-1994
The employee had been selected for redundancy. In order for him to qualify for the employer’s supplementary redundancy scheme an arrangement was made whereby he was given short notice. As a result he received an additional pounds 5,000. He now . .
Lists of cited by and citing cases may be incomplete.

Damages, Employment

Updated: 09 December 2022; Ref: scu.219833

In re Mayo: ChD 1943

The court discussed the duty of trustees to sell in the absence of unanimity: ‘The trust for sale will prevail, unless all three trustees agree in exercising the power to postpone.’

Judges:

Simonds, J

Citations:

[1943] Ch 302

Statutes:

Law of Property Act 1925 30

Jurisdiction:

England and Wales

Cited by:

Cited – Jones v Challenger CA 1960
The test under the section was whether it was inequitable to make the order for sale where one of the joint beneficiaries, who in that case were ex-husband and wife, wished to realise their investment in the property.
Held: Referring to the . .
Cited – Wilkinson v Chief Adjudication Officer CA 24-Mar-2000
The claimant owned a half share in a property. It was said that this brought her disposable capital above the limit to make a claim. She had inherited it, but had transferred it to her brother in satisfaction of her mother’s wishes. . .
Lists of cited by and citing cases may be incomplete.

Land, Trusts

Updated: 09 December 2022; Ref: scu.201637

Regina v Hnedish: 1958

(Canada) ‘Having regard to all the implications involved in accepting the full impact of the Hammond decision [1941] 3 All ER 318 which can, I think, be summarised by saying that regardless of how much physical or mental torture or abuse has been inflicted on an accused to coerce him into telling what is true, the confession is admitted because it is in fact true regardless of how it was obtained, I cannot believe that the Hammond decision does reflect the final judicial reasoning of the English courts . . I do not see how under the guise of ‘credibility’ the court can transmute what is initially an inquiry as to the ‘admissibility’ of the confession into an inquisition of an accused. That would be repugnant to our accepted standards and principles of justice; it would invite and encourage brutality in the handling of persons suspected of having committed offences’

Judges:

Hall CJ

Citations:

[1958] 26 WWR 685

Jurisdiction:

Canada

Cited by:

Approved – Wong Kam-Ming v The Queen PC 20-Dec-1978
The voir dire system allows a defendant to give his evidence on the limited issues surrounding the circumstances under which his statement was made as to the admissibility of the confession, without infringing his right to elect not to give evidence . .
Cited – A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department CA 11-Aug-2004
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 December 2022; Ref: scu.199969

Ridgeway Motors (Isleworth) Ltd v Altis: ChD 21 May 2004

The company sought to strike out a winding up petition presented by the respondents, saying a winding up petition was by way of an action, and was barred by statute after six years.
Held: A winding up petition was not an action within the section and was not time barred after 6 years.

Citations:

LTL 21 May 2004

Statutes:

Limitation Act 1980 38(1)

Jurisdiction:

England and Wales

Citing:

Disapproved – Re a Debtor ChD 1997
The creditor appealed the decision to set aside a statutory demand as statute barred.
Held: The appeal was dismissed. Bankruptcy proceedings based on a statutory demand for moneys due under a previous default judgment constituted ‘an action . .

Cited by:

Appeal from – Ridgeway Motors (Isleworth) Ltd v Alts Ltd CA 10-Feb-2005
The company appelaed a refusal of the judge to strike out a winding up petition. They said the petition was based upon a judgment which was now time barred. The petitioner replied that such a petition was not an action under the section.
Held: . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Limitation

Updated: 09 December 2022; Ref: scu.199817

Speed Investments Ltd and Another v Formula One Holdings Limited and Others (No 2): ChD 20 Jul 2004

The defendants sought a stay of the action, arguing that proceedings had begun first in Switzerland.
Held: An English court became seised of an action for the purposes of the Convention at the time when the proceedings were served. Under the Lugano Convention the court vested with jurisdiction where that jurisdiction arose under art 16, that could make its own decision as to jurisdiction.

Judges:

Lewison J

Citations:

Times 13-Aug-2004

Statutes:

Civil Jurisdiction and Judgments Act 1991, Lugano Convention

Jurisdiction:

England and Wales

Citing:

Cited – Dresser UK v Falcongate Freight Management Ltd; The Duke of Yare CA 1992
In England the court was first seised of a matter at the point when the proceedings were served, not when they were issued. Article 21 was metaphorically described as a ‘tie-break rule’ which operates on the basis of strict chronological . .
Cited – Erich Gasser GmbH v MISAT Srl ECJ 9-Dec-2003
The claimant Austrian company had for many years sold goods to the defendant an Italian company. Eventually it presented a claim before the court in Italy. Having obtained judgement, it later sought to enforce the order through the Austrian court . .
Cited – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995
A UK court may continue to hear a Spanish company’s claim against it’s own directors if a court was first seized of the matter here. Where a case concerned matters as to the constitution of a company, the courts of the company in which the company . .
See Also – Speed Investments Ltd and Another v Formula One Holdings Limited and Others ChD 19-Jul-2004
An application for summary judgment should not be heard at the same time as a challenge to the jurisdiction of the court. That was the price that a plaintiff paid in asking a court to bring a foreign defendant before a court in England – that . .

Cited by:

See Also – Speed Investments Ltd and Another v Formula One Holdings Limited and Others ChD 19-Jul-2004
An application for summary judgment should not be heard at the same time as a challenge to the jurisdiction of the court. That was the price that a plaintiff paid in asking a court to bring a foreign defendant before a court in England – that . .
Appeal from – Speed Investments Limited, Slec Holdings LImited v Formula One Holdings Limited, Bambino Holdings Limited, Luc Argand, Emmanuele Argand-Rey CA 12-Nov-2004
The applicants, shareholders in the company, sought to stay an action in England, saying the action had first been commenced in Switzerland.
Held: The issue was one of the internal management of the company. Though it did not relate to a . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 09 December 2022; Ref: scu.200217

Shears Court (West Mersea) Management Company Ltd v Essex County Council: ChD 1986

Residents claimed a right to use a way over the plaintiff’s land as access to a beach. The County Council after representation by the residents instituted proceedings under the 1981 Act having concluded that there was a public right of way. Meanwhile the plaintiff landowner issued a writ seeking a declaration that no public footpath existed over its land. The County Council sought to have the writ struck out.
Held:- ‘There is nothing in these cases which supports the contention that once the procedure of the Act of 1981 is under way but not yet completed there is no right to bring a question concerning the alleged right of way before the court. That such an action may be stayed is one thing, but to say that it should be struck out is entirely without foundation.’ He therefore declined to strike it out but ordered the proceedings under it to be stayed pending resolution of the local authority’s enquiries and determinations under the 1981 Act.

Judges:

Prosser QC

Citations:

[1986] 85 LGR 479

Statutes:

Wildlife and Countryside Act 1981 53

Jurisdiction:

England and Wales

Cited by:

Cited – Todd, Bradley v The Secretary of State for Environment Food and Rural Affairs Admn 22-Jun-2004
Application was made to quash an order modifying the Council’s definitive map of public rights of way.
Held: Before the Secretary of State could confirm a Council’s modification of a right of way shown on the definitive map, where that . .
Lists of cited by and citing cases may be incomplete.

Local Government, Land

Updated: 09 December 2022; Ref: scu.199322

Ultraframe (UK) Ltd v Eurocell Building Plastics Limited, Eurocell Profiles Limited: ChD 22 Jul 2004

Patent challenge for obviousness, and patent infringement.
Held: i) the patent was not infringed;
ii) the patent was valid;
iii) there was no fresh UDR arising from minor changes made to the design of the Ultralite 500 in 1995;
iv) there was no infringement of design right in the components;
v) but there was infringement by the Pinnacle 500 panels themselves and by the whole assembled Pinnacle 500 product.

Judges:

The Honourable Mr Justice Lewison

Citations:

[2004] 1785 EWHC (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Ultraframe (UK) Ltd v Eurocell Building Plastics Ltd& Another CA 24-Jun-2005
Appeal against finding of non-infringement of patent. . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 09 December 2022; Ref: scu.199490

United Utilities Plc v Commissioners of Customs and Excise: ChD 2002

Agents supplied facilities used for a telephone betting company. The services did not include the taking of any money or the settling of odds or otherwise.
Held: The services were not exempt.

Judges:

Ferris J

Citations:

[2003] STC 223, [2002] EWHC 2811 (Ch)

Jurisdiction:

England and Wales

Citing:

Appealed to – United Utilities Plc v Commissioners of Customs and Excise CA 8-Mar-2004
The taxpayer offered telephone gambling services through a local agent who did not accept money or set any odds.
Held: The services of the agents were administrative only, and not gambling services. There could be no principle to say that a . .

Cited by:

Appeal from – United Utilities Plc v Commissioners of Customs and Excise CA 8-Mar-2004
The taxpayer offered telephone gambling services through a local agent who did not accept money or set any odds.
Held: The services of the agents were administrative only, and not gambling services. There could be no principle to say that a . .
Lists of cited by and citing cases may be incomplete.

VAT

Updated: 09 December 2022; Ref: scu.200441

Mahme Trust v Lloyds TSB Bank plc: ChD 29 Jul 2004

The claimant began an action in England. The defendant sought a stay, saying the appropriate forum was Switzerland.
Held: The defendant was a truly multi-national orgaisation and had branches in many countries. The choice of forum belongs to the claimant not the court, and it was not for the court to fetter that choice. The convention made specific provision for certain types of contracts. No special provision was made for banks, and therefore they had no such special position.

Judges:

Sir Andrew Morritt VC

Citations:

Times 25-Aug-2004

Statutes:

Lugano Convention

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Grossman CA 1981
An application was made against Barclays Bank in London to obtain inspection of an account held at a branch of the bank in the Isle of Man.
Held: The Civil Division of the Court of Appeal which determined the application was later held to have . .
Cited – MacKinnon v Donaldson, Lufkin and Jenrette Securities Corporation ChD 1986
A plaintiff in an English action had obtained an order against an American bank, served on its London office, requiring production of books and papers at its New York head office.
Held: The court pointed out the distinction between ‘personal . .

Cited by:

See Also – Mahme Trust Reg and others v Lloyds TSB Bank Plc ChD 5-Jul-2006
. .
See Also – Mahme Trust Reg and others v Lloyds TSB Bank Plc ChD 14-Jul-2006
. .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 09 December 2022; Ref: scu.200644

Chief Constable of Leicestershire v M and Another: ChD 1988

The defendant had obtained money by fraud and used it to purchase property, which then increased in value.
Held: The police did not have any right based on the increase in value to found a claim for an injunction to prevent the defendant dealing with the money. The court referred to statutory provisions conferring powers on criminal courts in respect of suspected proceeds of crime: ‘The recent and detailed interventions of Parliament in this field suggest that the courts should not indulge in parallel creativity by the extension of general common law principles.’

Judges:

Hoffmann J

Citations:

[1989] 1 WLR 20, [1988] 3 All ER 1015

Jurisdiction:

England and Wales

Cited by:

Cited – Worcestershire County Council v Tongue, Tongue, and Tongue CA 17-Feb-2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry.
Held: The court had no power to make an order to allow access . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 December 2022; Ref: scu.199728

Mcclean, Re an Application for Judicial Review 14: CANI 23 Apr 2004

The appellant was serving a prison term for murder. He was being considered for release under the Good Friday agreement, but on home leave he was again involved in further serious violence. He was recalled and his entitlement to early release was withdrawn. He appealed saying that not some evidence had been withheld.
Held: The court considered that the normal rules of evidence did not apply, since it was ‘not the establishment of a concrete fact but rather the formulation of an opinion or impression’, which was not capable of proof in the manner usually contemplated by the law of evidence.evidence’

Judges:

McCollum LJ

Citations:

[2004] NICA 14

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Appeal from – McClean, Re HL 7-Jul-2005
The appellant was serving a life sentence for terrorist offences. He complained that he should have been released under the 1998 Act. It was said he would be a danger to the public if released. On pre-release home leave he was involved in a . .
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Lists of cited by and citing cases may be incomplete.

Prisons

Updated: 09 December 2022; Ref: scu.196121

Regina v Angela Cannings: CACD 19 Jan 2004

The defendant had been convicted of murdering her children. The substance of the evidence against her was that on a medical expert. His evidence was disputed and later doubted.
Held: Appeal allowed. In general courts should be careful to convict solely on the basis of conflicting and disputed medical evidence.

Judges:

Mrs Justice Rafferty Lord Justice Judge Mr Justice Pitchers

Citations:

[2004] EWCA Crim 1, [2004] 1 FCR 193, Gazette 05-Feb-2004, [2004] 2 CAR 7

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Cited – In re LU (A Child); In re LB (A Child) (Serious Injury: Standard of Proof); re U (A Child) (Department for Education and Skills intervening) CA 14-May-2004
In each case, the other parent appealed care orders where she had been found to have injured her children. In each case the sole evidence was the injury to the child’s health and expert medical evidence. The cases were referred following the . .
Cited – A Local Authority v S and W and T By her Guardian FD 27-May-2004
A child had died. The father was accused and acquitted of murder by way of shaken baby syndrome. The local authority persisted with an application for care orders for the other children.
Held: ‘I do not claim to have divined truth. I have . .
Cited – Kai-Whitewind, Regina v CACD 3-May-2005
The defendant was convicted of infanticide and murder. The experts differed as to the cause of death. She appealed her conviction saying that the experts in effect cancelled each other out.
Held: Her appeal failed. The jury was entitled to . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 December 2022; Ref: scu.192048

Lutrell’s Case: 1601

A prescriptive right to a watercourse was not lost by the dominant owner demolishing two ancient fulling mills and erecting in their place two new corn grinding mills. The Exchequer Chamber held that the dominant owner ‘might alter the mill into what nature of a mill he pleased, provided always that no prejudice should thereby arise, either by diverting or stopping of the water, as it was before ‘.

Citations:

(1601) 4 Co Rep 86a

Jurisdiction:

England and Wales

Cited by:

Cited – McAdams Homes Ltd v Robinson and Another CA 27-Feb-2004
The defendant blocked the line of a sewer. The claimant alleged that it had an easement and sought the cost of building the alternative pipe. The question to be answered was ‘Where an easement is granted by implication on the sale of a property, . .
Cited – Ray v Fairway Motors (Barnstaple) Limited CA 1968
It was argued that an easement of support, obtained by prescription, could no longer be enjoyed where the owner of the dominant land had extended his building so as to increase, indeed virtually to double, the weight thrown onto a wall on the . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 09 December 2022; Ref: scu.194012

Bakhitar v Keosghgerian and Others: QBD 3 Dec 2003

Employer liable for employee with criminal record

An employee of a firm of solicitors took pawned jewellery to show to a third party possible purchaser. The jewels were misappropriated.
Held: The person involved, who was known to have a criminal record for fraud was for all relevant purposes the firm’s employee, and they had vicarious liability for his behaviour.

Judges:

Overend J

Citations:

[2003] EWHC 3084 (QB)

Statutes:

Partnership Act 1890 5

Jurisdiction:

England and Wales

Citing:

Cited – Dubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
Cited – Cochlan v Ruberella Limited CA 21-Jul-2003
The issue arose as to the liability of a firm for the acts of a partner who had made statements to the claimant regarding the rate of return on a proposed investment amounting to some 6,000 per cent per annum.
Held: The following propositions . .
Cited – Armagas Ltd v Mundogas SA (‘The Ocean Frost’) HL 22-May-1985
Ostensible authority creates estoppel
Apparent authority as agent can arise where an employer by words or conduct has represented that his employee, who has purported to act on behalf of the employer, is authorised to do what he is purporting to do. Ostensible authority depends on a . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Torts – Other, Vicarious Liability

Updated: 09 December 2022; Ref: scu.193837

Kirby v Thorn EMI Plc: 1987

Taxation of asset assigned before it was created.

Judges:

Nicholls LJ

Citations:

[1987] STC 621

Jurisdiction:

England and Wales

Cited by:

Cited – Jerome v Kelly (Her Majesty’s Inspector of Taxes) HL 13-May-2004
In 1987, trustees holding land for various beneficiaries in undivided shares entered into a contract to sell it to a purchaser. In 1989 Mr and Mrs Jerome, who were absolutely entitled to interests in the land, assigned part of their beneficial . .
Lists of cited by and citing cases may be incomplete.

Capital Gains Tax

Updated: 09 December 2022; Ref: scu.196890

Pierens, Regina (on the Application of) v Customs and Excise: Admn 28 Jul 2003

The defendant appealed against an extension of the custody time limit.
Held: The Act provides against an extension where the prosecution has not acted with due speed. Here the delay in large part arose in one way or another at the request of the defence. The challenge failed.

Citations:

[2003] EWHC 1993 (Admin)

Links:

Bailii

Statutes:

Prosecution of Offences Act 1985 22(3)

Jurisdiction:

England and Wales

Criminal Practice

Updated: 09 December 2022; Ref: scu.185644

Cole and Another v Secretary of State for the Home Department: Admn 10 Jul 2003

Citations:

[2003] EWHC 1789 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Barker, Regina v CACD 24-Oct-2008
The defendant appealed against the minimum term imposed on her under the 2003 Act. She argued that the court should have made allowance for the fact that she had made exceptional progress since arriving in prison.
Held: Caines established that . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 09 December 2022; Ref: scu.185634

Tenant v Goldwin: 1704

He whose dirt it is must keep it that it may not trespass. The defendant was liable where he failed to maintain the partition wall in his privy so that the filth ran into the plaintiff’s cellar.

Citations:

(1704) 2 Ld Raym 1089, [1704] Holt KB 500, [1704] 2 Ld Raym 1089, [1704] 6 Mod Rep 311, [1704] 91 ER 20, 314

Jurisdiction:

England and Wales

Cited by:

Cited – Transco plc v Stockport Metropolitan Borough Council HL 19-Nov-2003
Rylands does not apply to Statutory Works
The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture.
Held: The rule in Rylands v Fletcher . .
Lists of cited by and citing cases may be incomplete.

Nuisance

Updated: 09 December 2022; Ref: scu.188028

Beckham v Drake: HL 11 Jul 1849

Non-property assets do not pass on bankruptcy

An action was brought on a contract for hiring and service, where the plaintiff was to serve for seven years, and the defendant to pay weekly wages during that time; and the breach was a dismissal during the seven years. The plaintiff, after this breach, and before the commencement of the action, became bankrupt; and the question was, whether this cause of action passed from the plaintiff to his assignees.
Held: Lord Mansfield said: ‘The general principle is, that all rights of the bankrupt which can be exercised beneficially for the creditors do so pass, and the right to recover damages may pass though they are unliquidated . . This principle is subject to exception. The right of action does not pass where the damages are to be estimated by immediate reference to pain felt by the bankrupt in respect of his body, mind or character, and without immediate reference to his rights of property. Thus it has been laid down that the assignees cannot sue for breach of promise of marriage, for criminal conversation, seduction, defamation, battery, injury to the person by negligence, as by not carrying safely, not curing, not saving from imprisonment by process of law . .’

Judges:

Lord Mansfield, Erle CJ

Citations:

[1849] EngR 843, (1849) 2 HLC 579, (1849) 2 HL Cas 579, (1849) 9 ER 1213

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See Also – Beckham v Knight And Drake 24-Jan-1838
K and S having entered into a written engagement to employ Plaintiff in their trade for seven years.
Held: The Plaintiff could not sue D, a dormant partner with K. and S., but not party to the agreement. . .
See Also – Beckham v Knight And Drake CEC 28-Jun-1840
By a contract between the plaintiff and A and B, it was agreed that the plaintiff should serve A and B as foreman in their business for seven years, if A and B, or either of them, should so long live. – The plaintiff having subsequently discovered . .
See Also – Beckham v Drake, Knight, And Surgey 10-Jul-1841
. .
See Also – Beckham v Drake, Knight, And Surgey 19-Nov-1841
. .
See Also – Drake And Others v Beckham 6-Feb-1843
. .

Cited by:

Cited – Mulkerrins v Pricewaterhouse Coopers HL 31-Jul-2003
The claimant sought damages from her former accountants for failing to protect her from bankruptcy. The receiver had unnecessarily caused great difficulties in making their claim that such an action vested in them. The defendants had subsequently, . .
Cited – Wilson v United Counties Bank Ltd HL 1920
Bank’s duty to client’s reputation and credit
Major Wilson had left England on active service soon after the beginning of the Great War, leaving his business affairs, in a fairly precarious state, with his bank. The jury found that the bank had failed in its duty to supervise his business . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Contract

Updated: 09 December 2022; Ref: scu.185412

British Newspaper Printing Corporation v Kelly: CA 1989

A group of employees had brought proceedings which appeared (though there was some ambiguity) to be intended as claims for redundancy payments. More than three months after the effective date of termination they sought to amend to plead alternative claims for unfair dismissal.
Held: In hearing appeals from the EAT the first question the court of appeal has to address is whether there was an error of law on the part of the IT that gave the EAT its jurisdiction. The appeal court upheld a decision of the EAT reversing the IT’s decision because there was sufficient evidence that the Tribunal probably misdirected itself for the court to affirm the decision of the Employment Appeal Tribunal setting their decision aside. The argument that the primary statutory time limits should be treated as decisive was rejected. Lord Donaldson observed: ‘Now, it is quite true to say that Parliament has laid down rules covering the lodging of applications to Industrial Tribunals but it has not laid down rules for time limits in relation to amending applications which have already been made.’

Judges:

Sir John Donaldson MR

Citations:

[1989] IRLR 222

Jurisdiction:

England and Wales

Citing:

Endorsed – Cocking v Sandhurst (Stationers) Ltd NIRC 1974
The Appellant employee had applied for leave to amend his first application by substituting the name of the parent company. The Tribunal held that the rules of procedure relating to time limits went to their jurisdiction and that the amended . .

Cited by:

Cited – Bryant v Housing Corporation CA 21-May-1998
A complainant before an industrial tribunal will only be allowed to amend her statement in order to add an allegation of victimisation for sex discrimination where this arises naturally from the facts alleged. In this case the new claim was rather . .
Cited – Transport and General Workers Union v Safeway Stores Ltd EAT 23-Mar-2007
EAT Practice and Procedure – Amendment

Safeway closed a depot, leading to a large number of redundancies. The Union alleged that consultation was inadequate. Proceedings were initially commenced claiming only . .
Cited – Heald Nickinson Solicitors v Summers and others EAT 21-May-2002
The firm of solicitors appealed an order in which they had been substituted as defendants to a claim for unfair dismissal. They said they had been given no opportunity to object. They had taken over part of a firm which had got into difficulties and . .
Cited – Science Warehouse Ltd v Mills EAT 9-Oct-2015
EAT Practice and Procedure : Amendment – Amendment of an ET claim to add a new cause of action – ACAS Early Conciliation (Section 18A Employment Tribunals Act 1996 (as amended))
At a Preliminary Hearing, . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 09 December 2022; Ref: scu.186770

Grigby v Cox: 1750

The court considered a claim that the husband had exercised undue influence over his wife.
Held: The court rejected any presumption of undue influence, and said that a court of equity ‘will have more jealousy’ over dispositions by a wife to a husband.

Judges:

Lord Hardwicke

Citations:

(1750) 1 Ves Sen 517

Jurisdiction:

England and Wales

Cited by:

Cited – Barclays Bank Plc v O’Brien and Another HL 21-Oct-1993
The wife joined in a charge on the family home to secure her husband’s business borrowings. The husband was found to have misrepresented to her the effect of the deed, and the bank had been aware that she might be reluctant to sign the deed.
Lists of cited by and citing cases may be incomplete.

Family, Undue Influence

Updated: 09 December 2022; Ref: scu.180575

Abbott v Minister for Lands: PC 30 Mar 1895

(From the Supreme Court for New South Wales) When considering what was a ‘vested right’ for the purposes of applying the presumption against retrospectivity of statutes affecting such rights, to convert a mere right existing in the members of the community or any class of them into an accrued or vested right to which the presumption applies, the particular beneficiary of the right must have done something to avail himself of it before the law is changed. Since the purpose of legislation is to alter the existing legal situation, there is no presumption that it will not alter rights which individuals have, but have not exercised.

Judges:

Lord Herschell LC

Citations:

[1895] AC 425, [1895] UKPC 17

Links:

Bailii

Jurisdiction:

Australia

Cited by:

Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
Cited – Oxfordshire County Council v Oxford City Council and others HL 24-May-2006
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 . .
Cited – Secretary of State for Energy and Climate Change v Friends of The Earth and Others CA 25-Jan-2012
The Secretary had issued a consultation on the payments for solar energy feed-in-tarriffs, with a view to the new rate being brought in in April 2012. As the consultation ended, he proposed to reduce rates from December 2011. He now appealed against . .
Cited – Hand and Another v George ChD 17-Mar-2017
Adopted grandchildren entitled to succession
The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will.
Held: The claim succeeded. The defendants, the other beneficiaries were not . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Land

Updated: 09 December 2022; Ref: scu.184438

Simond v Boydell: 1779

To seek perfect consistency and economy of draftsmanship in a complex form of contract which has evolved over many years is to pursue a chimera.

Citations:

(1779) 1 Dougl 268

Jurisdiction:

England and Wales

Cited by:

Cited – Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’) HL 13-Mar-2003
Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill.
Held: The specific . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 09 December 2022; Ref: scu.180648

Attorney General’s Guidelines on the Exercise by the Crown of its Right of Stand-by: 1989

Citations:

(1989) 88 Cr App R 123

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Andrews CACD 15-Oct-1998
Potential jurors should not be asked questions to test for bias, save in the most exceptional circumstances and where there was a possibility of a juror having a personal involvement; perhaps having a personal loss from the alleged crime. . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 09 December 2022; Ref: scu.180564

In re Griffin: 1899

The endorsement and delivery of a banker’s deposit receipt with the intention to make a gift operated as a good equitable assignment of the amount on deposit at the bank. The instruction had been handed to the donee. It did not matter that no notice had been given to the bank.

Judges:

Byrne J

Citations:

[1899] 1 Ch 408

Jurisdiction:

England and Wales

Cited by:

Cited – Pennington and Another v Waine, Crampton and others CA 4-Mar-2002
The deceased had made a gift of shares. She had executed a transfer, and acting upon the promise, the donee had agreed to become a director which he could only do if he also became a shareholder. The transfer was delivered to the deceased’s agent, . .
Lists of cited by and citing cases may be incomplete.

Equity, Banking

Updated: 09 December 2022; Ref: scu.183417

Timpsons Executors v Yerbury: CA 1936

A resident in the United Kingdom was the life tenant under a trust administered in accordance with the law of the State of New York. She directed the trustees to pay out of the income to which she was entitled allowances to her children resident in England. The payments were made by way of bills of exchange drawn on London, payable to the child in question and posted to such child or his or her banker. She was assessed to tax in the United Kingdom on the amount of those allowances on the ground that they were her income and had been remitted to the United Kingdom.
Held: The assessment stood. The income represented by the bills of exchange was income to which the life tenant was entitled, though not received by her, when it came to the United Kingdom because the gift to the children was not complete prior to collection of the proceeds of the bills of exchange in the United Kingdom. She was liable for tax on the basis of entitlement not receipt. The Court left open the question of liability if the gift had been completed outside the United Kingdom.

Citations:

(1936) 20 TC 155, [1936] 1 KB 645

Jurisdiction:

England and Wales

Cited by:

Cited – Grimm v Newman Chantry Vellacott DFK CA 7-Nov-2002
Accountants appealed a finding of professional negligence. They had advised an american resident in Britain that he could transfer assets to his wife here without adverse tax consequences. At the trial the judge had considered an alternative scheme . .
Lists of cited by and citing cases may be incomplete.

Income Tax

Updated: 09 December 2022; Ref: scu.183428

Regina v A and B: CACD 1999

Lord Bingham CJ discussed the effect on sentence of the defendant having provided information of assistance to the police: ‘If the information given is accurate, particularised, useful in practice, and hitherto unknown to the authorities, enabling serious criminal activity to be stopped and serious criminals brought to book, the discount may be substantial.
Where, by supplying valuable information to the authorities, a defendant exposes himself or his family to personal jeopardy, it will ordinarily be recognised in the sentenced passed. For all these purposes, account will be taken of help given and reasonably expected to be given in the future.’ If a defendant is convicted and sentenced without giving information to te police or without expressing a willingness to do so, then the Court of Appeal will not usually take account of information that is subsequently supplied after sentence, because it is a reviewing court, not one with original jurisdiction so far as sentencing is concerned.

Judges:

Lord Bingham CJ

Citations:

[1999] Cr App R S 52

Jurisdiction:

England and Wales

Cited by:

Applied – Regina v R (Informer: Reduction of Sentence) CACD 28-Jan-2002
After conviction, but before sentence, the defendant had co-operated with the police in providing information about crimes other than the one for which he had been convicted. Further information had been given after he had been sentenced. He . .
Cited – Regina v Z CACD 26-Jun-2007
The defendant appealed against his sentence for conspiracy to supply large volumes of prohibited drugs, the consecutive sentences totalling 18 years. The defendant had provided information to the police which had resulted in the recovery of . .
Cited – Regina v K CACD 12-Apr-2002
The defendant appealed a sentence of 26 years for conspiracy to supply heroin. . .
Cited – AXN v The Queen CACD 27-May-2016
The defendant argued that greater note should have been taken on his sentencing to allow for the assistance he had given to the police after his arrest.
Held: The current accepted practice is that the text of the letter from the police to the . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 09 December 2022; Ref: scu.183440

Hunt v R M Douglas (Roofing) Ltd: HL 1990

The plaintiff had an order ‘That the Defendants do pay to the Plaintiff his costs of this action . . to be taxed . . failing agreement’ and the House was asked as to the time from when he was entitled to interest.
Held: A litigant who has been awarded costs in an action is entitled to interest on subsequently taxed costs from the date of judgment, and the same principle applies where there is a consent order, the relevant date being the date of the stay. Historically interest has always been awarded on costs generally from the date of judgment, and no distinction has ever been made between different types of costs, for example, costs of the action or of taxation. As to the incipitur rule: ‘It is the unsuccessful party to the litigation who, ex hypothesi, has caused the costs unnecessarily to be incurred. Hence the order made against him. Since interest is not awarded on costs incurred and paid by the successful party before judgment, why should he suffer the added loss of interest on costs incurred and paid after judgment but before the taxing master gives his certificate?’ (Lord Ackner)

Judges:

Lord Ackner

Citations:

[1990] 1 AC 398

Statutes:

Judgments Act 1838 17

Jurisdiction:

England and Wales

Cited by:

Cited – Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd (No 2) HL 27-Nov-1997
A surveyor’s negligent valuation had led to the plaintiff obtaining what turned out to be inadequate security for his loan. A cause of action against a valuer for his negligent valuation arises when a relevant and measurable loss is first recorded. . .
Cited – Thomas v Bunn HL 1991
From its enactment it was accepted that s 17 applied to orders for costs to be taxed – even though before taxation was completed there was no sum for which execution could be levied – and did so from the date of the order (the incipitur rule), not . .
Cited – Involnert Management Inc v Aprilgrange Limited and Others ComC 8-Oct-2015
Date from which interest was to run on principal damages award. . .
Lists of cited by and citing cases may be incomplete.

Costs, Damages

Updated: 09 December 2022; Ref: scu.183435

Nash v Coombs: 1868

The parties disputed interests in a sum of andpound;3053 paid by the Midland Railway Company for the acquisition in 1866 of common land. The right of common was vested in resident freemen as a result of an award of the Inclosure Commissioners in 1797 made under an Inclosure Act of 1795. The resident freemen sought division of the fund between them under section 104 of the 1845 Act and sections 15 to 17 of the 1854 Act.
Held: Freeman had no fee simple right (that is, they did not own the land) and therefore the money should be held in trust for the freemen resident from time to time. After referring to the award in 1797, the court said: ‘What I should suppose would be the right of the parties under that would be, that whoever these trustees might be, whether a corporation or not, they became trustees for the resident freemen for all time, and not for those only who at the time when the Act passed (1795) had become and were resident freemen. It would be just as reasonable to say that at that moment all those resident freemen would have had a right to file a bill to have the land divided amongst them, as to say that the present resident freemen have the right contended for. Their rights are simply shifting rights. A body is attempted to be constituted – either a corporation or a body of persons – who were named trustees, and as trustees their trust was for the resident freemen of the borough for all time….It is a trust given to them to hold in lieu of the rights of common, so that all they had to do was to regulate the mode in which it should be enjoyed. The Legislature has simply indicated that this land is available for any purpose to which the trustees and freemen like to put it. Suppose it turned out very valuable for building purposes, possibly they might have had to have recourse to this Court before applying it to those purposes, regard being had to the particular nature of the trust, but I apprehend that they could use the land in any way most agreeable to the resident freemen.
These existing resident freemen say they are the only persons interested in the land, and that the money which has been paid for the fee simple, ought to be divided between them….A person who has only got an interest every year that he resides has not got a free simple interest. Take the case of the owner of an enclosed farm who has a commonable right attached to the occupation of the property. If he is only tenant for life the committee who are ‘to pay the amount to the persons interested according to their respective interests’, ought not to pay him the whole value of the land. It must be invested, so that tenant for life and tenant in remainder shall get their proper shares…..[T]he Legislature thought, rightly or wrongly, that as to commonable interests, when they were found to be trifling, they might be apportioned to the holders of them, whoever they might be, and however small or however precarious the existing interest might be. But there might be a case where the land would be valuable for building purposes when this right of feeding cattle was disposed of. In such a case the interest might be considerable in the different persons who had rights, and I cannot hold that it was intended to hand over the whole fee simple interest in the property to persons having only this temporary and fluctuating interest….What I propose, therefore, to do is to declare that the money paid into Court ought to be re-invested in land, to be held on the same trusts as those upon which the lands taken by the railway company were held, viz., in trust for the freemen of the borough of Bedford from time to time residing within the limits of the ancient borough, and in the meantime the same ought to be invested, and the dividends paid (subject to payment of costs) to the trustees, and divided by them amongst such resident freemen at the same time or times as such freemen have been accustomed in each year to enter upon the enjoyment of their rights of common.’

Judges:

Sir William Page Wood VC

Citations:

(1868) LR 6 Eq 5

Jurisdiction:

England and Wales

Cited by:

Cited – H M Attorney General v Hyde and others ChD 5-Dec-2001
Land had been acquired by the trustees’ predecessors under the 1882 Act. The question was now whether it was subject to charitable trusts. Money having been received from the acquisition of the rights, a meeting had been held to determine the trusts . .
Cited – Hitchin Cow Commoners Trust, Re ChD 5-Dec-2001
Land was registered as a common. Rights had been created over the land under the 1882 Act after the Inclosure Acts. Were these rights in the nature of charitable trusts? No use of the land as a cow common had taken place with living memory, and most . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 09 December 2022; Ref: scu.179826

Aktiebolaget Volvo v Heritage (Leicester) Ltd: 2000

Citations:

[2000] FSR 253

Jurisdiction:

England and Wales

Cited by:

Cited – Asprey and Garrard Ltd v WRA (Guns) Ltd and Another CA 11-Oct-2001
The Asprey family had been in business for many years. Their business was incorporated, and later sold to the claimants. A member of the Asprey family sought to carry on new businesses through limited companies using the family name. Upon request, . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 09 December 2022; Ref: scu.180534

Miskin, Miskin v St John Vaughan: SCCO 18 Sep 2002

The claimants resisted an order to pay the VAT element awarded on the defendant’s legal costs. The revenue had been unable to state clearly whether the defendant would be able to recover VAT, in which case it would not be payable, or the reverse. It had at the same time become clear that costs had been invoiced to the insurers, and the claimant challenged a liability to the defendant when the bill had not been addressed to him.
Held: Costs could be claimed even if they may in fact be paid by a third party. Although the insurance company had taken over the claim, the indemnity principle had not been infringed, because the party would not look only to the insurers to pay their costs. VAT was not payable to a party who could recover their VAT as input tax. The party no longer existed, and was no longer registered for VAT. The insurers had however paid part of the VAT, and it was properly recoverable.

Judges:

Master Campbell, Costs Judge

Citations:

[2002] EWHC 9007 (Costs)

Links:

Bailii

Statutes:

Costs Practice Direction 43 5.3

Jurisdiction:

England and Wales

Citing:

Cited – Davies v Taylor (No 2) HL 2-Jan-1974
The plaintiff argued that no costs had been incurred by the successful defendant, as he was insured, and the insurance company was bound to pay his costs.
Held: ‘In this case the solicitors, no doubt first instructed by the insurance company, . .
Cited – Regina v Miller and Glennie; Miller v- Glennie 1983
The question was whether or not the litigants had incurred liability for costs in cases in which they had been supported by their employer.
Held: Where the solicitor is on the record for the client in the litigation, there is a rebuttable . .
Lists of cited by and citing cases may be incomplete.

Costs, VAT

Updated: 09 December 2022; Ref: scu.175483

Norwich and Peterborough Building Society, Regina (on the Application of) v Financial Ombudsman Service Ltd: Admn 14 Nov 2002

The Ombudsman had found that the applicant had unfairly failed to notify its customers of the availability of better accounts, once it discontinued accounts of one type. The Society appealed saying that the finding of unfairness arose from matters outside the scope of the Code.
Held: The finding did go outside the strict range of the Code. Nevertheless, the code was to be interpreted in a purposive, and non-technical way, and the Ombudsman had some considerable discretion. There were arguments each way as to the fairness or unfairness of the decision, but the court could only intervene if the decision was so bad as to be irrational. That was not the case here.

Citations:

Times 13-Dec-2002, [2002] EWHC 2379 (Admin)

Links:

Bailii

Statutes:

Banking Code 1998

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Monopolies and Mergers Commission, ex parte South Yorkshire Transport Ltd HL 1993
One bus company took over another, giving it an effective monopoly within the region. The Commission considered that the area involved was sufficiently substantial to cause concern that it may operate against the public interest. At first instance . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Regina v Director of Passenger Rail Franchising, Ex Parte Save Our Railways and Others Etc CA 18-Dec-1995
A requirement that new services should be ‘based upon’ the present timetables did not mean that the services had to be at same level. It was possible that they may be a lesser service, though there should be no significant departures from such . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Consumer, Commercial

Updated: 09 December 2022; Ref: scu.178117

Mearns v Smedvig Limited and others: SCS 25 Nov 1998

‘A party seeking to lead a witness with purported knowledge or experience outwith generally recognised fields would need to set up by investigation and evidence not only the qualifications and expertise of the individual skilled witness, but the methodology and validity of that field of knowledge or science.’

Judges:

Lord Eassie

Citations:

[1998] ScotCS 76

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Cited – Kennedy v Cordia (Services) Llp SC 10-Feb-2016
The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence.
Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which . .
Lists of cited by and citing cases may be incomplete.

Evidence

Updated: 09 December 2022; Ref: scu.163392

Her Majesty’s Advocate and Another v Mcintosh: PC 5 Feb 2001

(From High Court of Justiciary (Scotland)) The defendant had been convicted of drug trafficking. He complained that the following confiscation order had infringed his human rights being based an assumption of guilt and which was incompatible with his article 6 rights. The first question was whether he remained a person ‘charged with a criminal offence’. The Court felt not. The application was not initiated by the complainant, could only be made after a conviction, and was part of the sentencing procedure,. The defendant was accused of no additional criminal activity, the statement lodged in support of an application for confiscation order was an accounting statement and not an accusation, the sum ordered did not be the profit from drug trafficking or any other offence, and the time order to be served in the case of default related to the failure, not to any underlying offence, any risk that matters referred to in the statement might be subject to a later charge, left a possibility of double jeopardy, and the proceedings and did not conclude in the verdict. The statutory scheme laid down by a democratically elected parliament should not be readily rejected. The sources of the assets was known to the defendant and a defendant explain them would not be faced with a court order.
Criminal confiscation proceedings do not amount to the bringing of a fresh criminal charge and thus Art. 6(2) of the European Convention on Human Rights is not directly engaged. However, a court is required to act with ‘scrupulous fairness’ in making its assessment for the purposes of a confiscation order. Further, the proceedings are designed to be fully adversarial, affording the accused every opportunity to challenge evidence against him and to call witnesses.

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Clyde, Lord Hutton

Citations:

Gazette 15-Feb-2001, Times 08-Feb-2001, [2001] 3 WLR 107, DRA No 12 of 2000, [2003] 1 AC 1078, [2001] UKPCD 1, [2001] 2 All ER 638, 2001 SC (PC) 89, [2001] 2 Cr App R 27, 2001 GWD 6-206, [2001] HRLR 20, 2001 SLT 304, 2001 SCCR 191, [2001] UKHRR 463

Links:

PC, PC, Bailii

Statutes:

Human Rights Act 1998, Proceeds of Crime (Scotland) Act 1995 3(2)

Jurisdiction:

Scotland

Citing:

Appeal from – Mcintosh v HM Advocate HCJ 31-Oct-2000
An application for a confiscation order following a drugs trial, was subject to the requirement of a presumption of innocence. The assumptions required of a court under the Act as to the source of assets acquired by the convicted person violated . .

Cited by:

Cited – Regina v Rezvi HL 24-Jan-2002
Having been convicted of theft, a confiscation order had been made against which the appellant appealed. The Court of Appeal certified a question of whether confiscation provisions under the 1988 Act were in breach of the defendant’s human rights. . .
Appealed to – Mcintosh v HM Advocate HCJ 31-Oct-2000
An application for a confiscation order following a drugs trial, was subject to the requirement of a presumption of innocence. The assumptions required of a court under the Act as to the source of assets acquired by the convicted person violated . .
Cited – Lloyd v Bow Street Magistrates Court Admn 8-Oct-2003
The defendant had been convicted and made subect to a confiscation order in 1996. A final order for enforcement was made in late 2002. The defendant said the delay in the enforcement proceedings was a breach of his right to a trial within a . .
Cited – Peacock, Re SC 22-Feb-2012
The defendant had been convicted of drugs offences, and sentenced under the 1994 Act. The gains he had made exceeded his then assets. Later he acquired further property honestly, and the Court now considered whether those assets could be taken to . .
Lists of cited by and citing cases may be incomplete.

Evidence, Human Rights, Criminal Practice

Updated: 09 December 2022; Ref: scu.163307

Regina v Cotter and Others: CACD 10 May 2002

The defendants appealed against convictions for conspiracy to pervert the course of justice. They said that the fact that an investigation followed a false allegation was insufficient to found a complaint, and that the extent of the crime was so unclear as to infringe the human right to a fair trial.
Held: The appeal failed. Where the prosecution case is that a false allegation has been made, all that is required is that the person making the false allegation intended that it should be taken seriously by the police. It is not necessary to prove that she/he intended that anyone should actually be arrested.
The crime of conspiracy to pervert the course of justice was defined clearly in the Northern Ireland case of Bailey. That case set the bounds of justice to include as a part of the definition of a course of justice, a process of investigation. The definition was sufficiently clear not to infringe his human rights.

Judges:

Lord Justice Latham, Mr Justice Goldring and Judge Mettyear

Citations:

Times 29-May-2002, Gazette 20-Jun-2002, [2002] EWCA Crim 1033, [2002] 2 Cr App R 29, [2003] 2 WLR 115

Links:

Bailii

Statutes:

European Convention on Human Rights 7

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Bailey CANI 1956
Lord MacDermott LCJ said that the administration of public justice: ‘comprehends functions that nowadays belong, in practice almost exclusively, to the police, such as the investigation of offences and the arrest of suspected persons.’ . .
Cited – Rex v Hollingberry 1825
The court considered an allegation that the defendant had conspired to make a false charge against another.
Held: If the object of the conspiracy is extortion then the truth or falsity of the charge is immaterial. It was permissible for a . .
Cited – Regina v Grimes CACD 1968
Judge Kilner Brown confirmed the existence of the crime of attempting to pervert the course of justice: ‘Certain actions such as cheating or behaving obscenely may not be offences in a private connotation, but once the public is involved, either by . .
Cited – Rex v Rose 1937
Attempting to pervert the course of justice by misleading the police as to the commission of a criminal offence with the result of an arrest of an innocent party. . .
Cited – Rex v Rispal 19-Jun-1762
The defendants were accused of having falsely accused another man, Mr Chilton, of having removed hair from bales of human hair being sold. Mr Chilton was arrested.
Held: The justices of peace had jurisdiction in the present case; a conspiracy . .
Cited – Regina v Rowell CACD 1977
Giving a false story to the police in relation to a criminal offence resulting in the arrest of another can constitute the offence of attempting to pervert the course of justice. . .
Cited – Regina v Kellett CACD 1976
The defendant saw disparaging statements made about him by neighbours in the course of divorce proceedings. He wrote to them and asked them to withdraw the statements they had made and threatened proceedings for slander. He was charged with . .
Cited – Director of Public Prosecution v Withers HL 20-Nov-1974
The House was asked to consider whether there existed the crime of a conspiracy to commit a public mischief.
Held: There was no such crime, since it was so undefined as to be unfair to any defendant. Although at common law no clear distinction . .
Cited – MacDaniel’s Case 1775
It is the indictable offence of attempting to pervert the course of justice knowingly to charge a man falsely with any crime. . .
Cited – Regina v Panayiotou and Another CACD 1973
Interfering with potential witnesses, so as to prevent or dissuade them from testifying are acts which amount to perverting the course of Justice. . .
Cited – Regina v Manley 1933
The appellant had falsely alleged that she had been robbed by a man whose description she gave to the police. It was the description of an imaginary man. She had been convicted of unlawfully effecting a public mischief.
Held: Lord Hewart CJ . .
Cited – The King v Higgins 11-Nov-1801
Lawrence J said: ‘All offences of a public nature, that is, all such acts were attempts to lead to the prejudice of the community, are indictable.’ . .

Cited by:

Cited – Regina v Clark CACD 4-Apr-2003
The defendant had been involved in a car crash. He drove his car home, and reported the accident only the following day. He appealed against a conviction for attempting to pervert the course of justice, having defeated any possibility of his being . .
Cited – Regina v Metcalf, Denton, Foster 26-May-2021
Public Inquiry is not In the Course of Justice
(Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police . .
Lists of cited by and citing cases may be incomplete.

Crime, Human Rights

Updated: 09 December 2022; Ref: scu.171303