Dell’Olio v Associated Newspapers Ltd: QBD 20 Dec 2011

Application by the Defendant (‘for a ruling pursuant to CPR PD53 para 4.1(1) that the words complained of in this libel action are not capable of bearing the meaning attributed to them by the Claimant in her Particulars of Claim, nor any other meaning defamatory of her.
Held: ‘I accept that the title to the words complained of is unflattering and even insulting, as are the other references to money. But that is not the same as being defamatory.’ and ‘ the references to lifestyle, money and wealth in the words complained of, insulting though they may be, do not elevate the matter to the level of seriousness required to overcome the threshold of seriousness required if a publication is to be capable of being defamatory.’

Judges:

Tugendhat J

Citations:

[2011] EWHC 3472 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Defamation

Updated: 07 December 2022; Ref: scu.450160

Phillps and Others v Francis and Another: QBD 24 Mar 2010

‘dispute between the freehold owners and estate managers of a site at Point Curlew, St Merryn, Padstow, Cornwall, the defendants, and a number of the owners of holiday chalets at that site. The dispute relates to the service charges which the defendants seek to claim under the terms of the various 999 year leases which the claimants have. I am invited to determine, as a preliminary issue, whether the matter is properly before me sitting as a deputy judge of the High Court of Justice or whether the matter is governed by the provisions of sections 18 to 30 of the Landlord and Tenant Act 1985, as amended by the Landlord and Tenant Act 1987, in which event, as a result of amendments made by the Housing Act 1996, disputes over service charges should be addressed to a Leasehold Valuation Tribunal from whose decisions an appeal lies to the Lands Tribunal.’

Judges:

Griggs J

Citations:

[2010] EWHC B28 (QB), [2010] 2 EGLR 31, [2010] 24 EG 118, [2010] L and TR 28

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction, Landlord and Tenant

Updated: 07 December 2022; Ref: scu.427036

Noble v Owens: QBD 11 Mar 2008

The trial in this action is concerned with a number of issues going to the quantum of damages payable to the claimant (‘Mr Noble’) arising out of a road accident caused by the admitted negligence of the defendant.

Judges:

Field J

Citations:

[2008] EWHC 359 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 07 December 2022; Ref: scu.427042

Re W (A Minor) (Adoption: Non-Patrial): CA 1986

W was born in China to Chinese parents. His aunt came to Britain and acquired citizenship. He came to live with her while studying, and she applied to adopt him. The judge refused saying that the primary intention was to obtain citizenship.
Held: The appeal failed. It should be good practice to give notice to the Home Office where the making of an adoption order will have the effect of conferring citizenship on a child otherwise an alien. The primary concern remained the welfare of the child throughout the childhood, but the supervision of the immigration authorities remained an important public policy element.

Citations:

[1986] 1 FLR 179, [1985] 3 WLR 945

Jurisdiction:

England and Wales

Cited by:

Cited – Re IJ (A Child) (Foreign Surrogacy Agreement Parental Order) FD 19-Apr-2011
The court gave reasons for making a parental order under the 2008 Act in favour of the applicants where a child had been born under surrogacy arrangements which were lawful in the Ukraine where he was born, but would have been unlawful here because . .
Lists of cited by and citing cases may be incomplete.

Adoption

Updated: 07 December 2022; Ref: scu.440066

Bowers v Bowers: 3 Feb 1987

Husband and wife were the joint owners of a house subject to a mortgage. The husband purported to remortgage the house, the wife’s signature being forged.
Held: Although the remortgage only took effect as a charge on the husband’s equitable interest, the new mortgagee was subrogated to the rights of the original mortgagee even though the wife knew nothing about the remortgaging.

Judges:

Hoffmann J

Citations:

Unreported, 3rd February 1987

Jurisdiction:

England and Wales

Cited by:

Cited – Bankers Trust Company v Namdar and Namdar CA 14-Feb-1997
The bank sought repayment of its loan and possession of the defendants’ property. The second defendant said that the charge had only her forged signature.
Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 07 December 2022; Ref: scu.416036

Smith v Tebbitt: 1867

Judges:

Sir JP Wilde

Citations:

(1867) 1 PandD 398

Jurisdiction:

England and Wales

Cited by:

Cited – Perrins v Holland and Others; In re Perrins, deceased CA 21-Jul-2010
The testator had given instructions for his will and received a draft will. The judge had found that he had capacity to make the will when he gave instructions but not when it was executed. The will having been made in accordance with his . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 07 December 2022; Ref: scu.421020

Kidston v Empire Insurance Co: 1866

The court was asked whether shipowners could recover under a sue and labour clause in a freight policy for the costs of transhipment expended in order to avoid the loss of the freight. There had been no abandonment and underwriters argued that this was fatal to the claim.
Held: Willes J said: ‘As to the second head, – whether the occasion upon which the expenses were incurred was such as to be within the suing and labouring clause, – this depends upon the true answer to the question so thoroughly discussed in the course of the argument, viz. whether the clause ought to be limited in construction to a case where the assured abandons, or may perchance abandon, so that the expense incurred is not only in respect of a subject-matter in which the underwriters are interested, but upon property which, by the abandonment, actually becomes, or may become, theirs, or whether it extends to every case in which the subject of insurance is exposed to loss or damage for the consequences of which the underwriters would be answerable, and in warding off which labour is expended. In the former construction the clause is inapplicable to the present case; in the latter it is applicable, and the assured is entitled to contribution.’

Judges:

Willes J

Citations:

(1866) LR 1 CP 535

Jurisdiction:

England and Wales

Cited by:

Cited – Cosco Bulk Carrier Co Ltd and Another v M/V ‘Saldanha’ C/P Dated 25/06/08 ComC 11-Jun-2010
The court considered the effect of a ship being taken by pirates at sea on the obligations in the charterparty contract. The insurers said that a claim for ‘average accident’ must include an element of physical damage – absent in this case.
Lists of cited by and citing cases may be incomplete.

Transport

Updated: 07 December 2022; Ref: scu.416715

Gaviria v Regina: CACD 19 Jul 2010

The defendant appealed against his conviction for sexual grooming.
Held: ‘On the face of it, the fact that the description of the offence in the heading is ‘meeting a child following sexual grooming etc’ might be taken to suggest that the behaviour antecedent to any arranged meeting must itself be sexual in nature. The phrase ‘sexual grooming’, however, does not appear in the section and although the origin of the offence might have been a concern that paedophiles could use the internet to contact and groom children, the language of the provision is far wider than ‘virtual’ sexual contact. Thus, the only requirement prior to the intentional meeting during which A (over 18) intends to do anything to B (under 16) which, if carried out, would involve the commission by A of a relevant offence is meeting or communication ‘on at least two occasions’. There is absolutely no requirement that either communication be sexual in nature.’ The appeal based on a contrary interpretation failed.

Judges:

Leveson LJ, Roderick Evans J, Stokes J

Citations:

[2010] EWCA Crim 1693

Links:

Bailii

Statutes:

Sexual Offences Act 2003 15(1)

Jurisdiction:

England and Wales

Crime

Updated: 07 December 2022; Ref: scu.420964

Evans, Regina (on The Application of) v Secretary of State for Defence: Admn 25 Jun 2010

The claimant challenged the procedures operated by the defendant for the transfer of detainees in Afghanistan to the Afghan authorities, saying that they involved mistreatment.

Judges:

Richards LJ, Cranston J

Citations:

[2010] EWHC 1445 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Armed Forces

Updated: 07 December 2022; Ref: scu.418445

Gray v Crown Prosecution Service: QBD 20 Aug 2010

Allegation effectively claiming negligence and malicious prosecution against the Defendant in relation to charges which led to him standing trial in a Magistrates Court on various days; he was acquitted of all charges. By application he sought a finding that a CPS officer be committed for contempt and that the Defence is struck out. The Defendant applies for summary judgement against Mr Gray and to strike out the Claim.

Judges:

Mr Justice Akenhead

Citations:

[2010] EWHC 2144 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other

Updated: 07 December 2022; Ref: scu.424878

Gulf International Bank v Al Ittefaq Steel Products Co and Others: QBD 20 Sep 2010

Two applications by the Claimant for judgment on admissions and two cross-applications by the Defendants that they should have until 1 January 2011 to pay the sum sued for, liability in respect of those sums being admitted.

Judges:

Field J

Citations:

[2010] EWHC 2601 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 07 December 2022; Ref: scu.425659

Rex v Tabbart: 1693

The plaintiff desired the defendant who had come into his house to leave it and accordingly commanded that his wife put the defendant out, molliter manus imposuit – using the minimum force necessary.

Citations:

[1693] Skinner 387

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Burns, Paul CACD 27-Apr-2010
The defendant appealed against his conviction for assault. He had picked up a sex worker, driven away, but then changed his mind, and forcibly removed her from the car when she delayed. He now argued that he had the same right at common law to . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 07 December 2022; Ref: scu.416710

Dublin City Council v Gallagher: 11 Nov 2008

(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with his partner, he had resided with his mother and regarded the dwelling as his permanent residence.
Held: The absence of the procedures led to the conclusion that Section 62 violated the son’s Article 8 rights because of the lack of procedural safeguards. There was a breach of Article 6 in the process carried out internally by the council. Unlike McCann, there was a determination of the son’s rights by the council insofar as it made the decision that he was not entitled to succeed to the tenancy. There was no appeal for this decision within the decision making structures of the council and the issue could not be opened up again in the Section 62 proceedings. The restricted application of Article 6, as evidenced in McCann, was to be contrasted with the wide-reaching implicit guarantee of fair procedures in decision making by public bodies under the Irish constitution.

Judges:

O’Neill J

Citations:

[2008] IEHC 354

Links:

Bailii

Statutes:

European Convention on Human Rights 6

Jurisdiction:

England and Wales

Citing:

Cited – McCann v The United Kingdom ECHR 13-May-2008
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a . .

Cited by:

Cited – Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another Admn 8-Mar-2010
The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of . .
Lists of cited by and citing cases may be incomplete.

European, Housing, human Rights

Updated: 07 December 2022; Ref: scu.414889

Mendez and Another v Regina: CACD 22 Mar 2010

The defendants appealed against their convictions for murder, saying that the judge’s directions on joint enterprise were inadequate.
Held: Allowed in part.

Judges:

Lord Justice Toulson

Citations:

[2010] EWCA Crim 516, [2010] Crim LR 874, [2010] 3 All ER 231, [2011] 3 WLR 1, [2011] QB 876

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 07 December 2022; Ref: scu.403375

Donegan v Dublin City Council and Others: 8 May 2008

(High Court of Ireland) The council had sought possession of its tenant. The agreement contained a clause allowing the council to terminate on four-weeks’ notice. It said the tenant’s son misused drugs. Section 62 of the Housing Act 1966 established a summary procedure allowing a public authority landlord a warrant for possession without any defence or factual dispute being considered.
Held: Laffoy J said that the tenant’s case fell squarely within the core principles established by the judgments of the ECHR and was an exceptional case.
Judicial review was inadequate as a remedy because it did not address any dispute as to the facts: ‘Accordingly, in the light of the decisions of the ECHR in Connors and Blecic the procedure provided for in s. 62, under which a warrant for possession is issued by the District Court against the tenant of a housing authority on the grounds of breach of the tenant’s tenancy agreement, without affording the tenant an opportunity where there is a dispute as to the underlying facts on which the allegation is based to have the decision to terminate reviewed on the merits, by the District Court or some other independent tribunal, cannot be regarded as proportionate to the need of the housing authority to manage and regulate its housing stock in accordance with its statutory duties and the principles of good estate management.’
A declaration of incompatibility was made under Section 5 of the Human Rights Act 2003.

Judges:

Laffoy J

Citations:

[2008] IEHC 288, 2005 3513 P

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – McCann v The United Kingdom ECHR 13-May-2008
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a . .

Cited by:

Cited – Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another Admn 8-Mar-2010
The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of . .
Lists of cited by and citing cases may be incomplete.

European, Housing, Human Rights

Updated: 07 December 2022; Ref: scu.414888

Crown Prosecution Service v M and B: CACD 11 Dec 2009

Appeal by the Crown against the trial judge’s ruling rejecting the submission that the offence of bringing a prohibited article into prison under section 40C(1)(a) of the Prison Act 1952 as amended is an offence of absolute or strict liability which does not require the prosecution to prove any element of mens rea.
Held: Dismissed.

Judges:

Lord Justice Rix

Citations:

[2009] EWCA Crim 2615, [2010] 4 All ER 51, [2010] 2 Cr App Rep 33, [2011] 1 WLR 822

Links:

Bailii

Statutes:

Prison Act 1952 40A

Jurisdiction:

England and Wales

Crime

Updated: 07 December 2022; Ref: scu.406139

McAlpine Humberoak Limited v McDermott International Inc: 1992

The fact that the parties have foreseen the event but not made any provision for it in their contract will usually, but not necessarily, prevent the doctrine of frustration from applying when the event occurs.

Citations:

(1992) 58 Build LR 1

Jurisdiction:

England and Wales

Cited by:

Cited – Gold Group Properties Ltd v BDW Trading Ltd TCC 3-Mar-2010
The parties had contracted for the construction of an estate of houses and flats to be followed by the interim purchase by the defendants. The defendants argued that the slump in land prices frustrated the contract and that they should not be called . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 07 December 2022; Ref: scu.402549

Guardi Shoes Ltd v Datum Contracts: 28 Oct 2002

Citations:

Unreported, 28 October 2002

Jurisdiction:

England and Wales

Cited by:

Cited – Shaw and Another v MFP Foundations and Piling Ltd ChD 6-Jan-2010
The defendants appealed against a refusal to set aside statutory demands adjudicated due under the 1996 Act. They said that the judge had accepted that he was bound by MFO and that it was on all fours, but he had not followed it.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 07 December 2022; Ref: scu.392575

Hollins v Verney: 1883

A private right of way was claimed under the 1832 Act by virtue of use to remove wood from an adjoining close.

Citations:

(1883) 11 QBD 715

Statutes:

Prescription Act 1832

Jurisdiction:

England and Wales

Cited by:

Appeal from – Hollins v Verney CA 1884
A claim for a presumption of a lost modern grant must include an assertion that the enjoyment of the carriageway was continuous or uninterrupted.
Lindley LJ said: ‘It is difficult, if not impossible, to enunciate a principle which will . .
Mentioned – Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another SC 3-Mar-2010
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 07 December 2022; Ref: scu.402565

A v S (Financial Relief after Overseas US Divorce): 2003

Citations:

[2003] 1 FLR 431

Jurisdiction:

England and Wales

Cited by:

Cited – Agbaje v Akinnoye-Agbaje SC 10-Mar-2010
The parties had divorced in Nigeria, but the former wife now sought relief in the UK under section 10 of the 194 Act. The wife said that she lived here, but the order made in Nigeria was severely detrimental requiring her either to live here in . .
Lists of cited by and citing cases may be incomplete.

Family, International

Updated: 07 December 2022; Ref: scu.406670

Highway Properties Ltd v Kelly, Douglas and Co: 1 Feb 1971

(Supreme Court of Canada) Landlord and tenant – Repudiation by tenant of lease of certain premises and its consequent abandonment of said premises – Possession taken by landlord with contemporaneous assertion of right to full damages according to loss calculable over unexpired term of lease – Remedies of landlord – Measure and range of damages.
Laskin J said: ‘It is no longer sensible to pretend that a commercial lease, such as the one before the court, is simply a conveyance and not also a contract. It is equally untenable to persist in denying resort to the full armoury of remedies ordinarily available to redress repudiation of covenants, merely because the covenants may be associated with an interest in land.’

Judges:

Martland, Judson, Ritchie, Spence and Laskin JJ

Citations:

[1971] SCR 562, [1971] 17 DLR (3d) 710

Links:

SCC

Jurisdiction:

Canada

Cited by:

Cited – Reichman and Another v Beveridge CA 13-Dec-2006
The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.396615

Pitt and Another v Holt and Another: ChD 18 Jan 2010

The claimant sought to unravel a settlement she had made as receiver for her late husband, saying that it had been made without consideration of its Inheritance Tax implications. The Revenue said that there was no operative mistake so as to allow the rule in Hastings-Bass to apply allowing the variation.
Held: For the rule to apply, there is no need to identify a breach of duty by trustees or their advisers, and in this case there was no feature which would militate against avoiding the Settlement if it were voidable rather than void. The court had be satisfied that she would not have entered into the Settlement if she had appreciated the inheritance tax consequences rather than merely that she might not have done so.
The claimant’s action had been as receiver, exercising a discretion under the 1983 Act, though she was acting in a fiduciary capacity, and the rule in Hastings-Bass was capable of applying.
It was wrong to reduce the test for Hastings-Bass availability to whether an error in law occurred. The incidence of Inheritance Tax was a matter which should have been considered, and the advisers had taken account of other taxes, and a compliance with section 89 of the 1984 Act would have mitigated the tax as was intended by the section. The settlement could accordingly be set aside under Hastings-Bass, though not under the law of mistake.

Judges:

Robert Englehart QC J

Citations:

[2010] EWHC 45 (Ch), [2010] STC 901, [2010] STI 1443, [2010] WTLR 269, [2010] BTC 235, (2010) 12 ITELR 807, [2010] 1 WLR 1199, [2010] 2 All ER 774

Links:

Bailii, Times

Statutes:

Inheritance Tax Act 1984 89, Mental Health Act 1983 94 99(2)

Jurisdiction:

England and Wales

Citing:

Cited – Re Hastings-Bass; Hastings v Inland Revenue CA 14-Mar-1974
Trustees of a settlement had exercised their power of advancement under the section, in order to save estate duty by transferring investments to be held on the trusts of a later settlement. However the actual effect of the advancement was that the . .
Cited – Byng v London Life Association CA 1990
The venue selected for a meeting of the members of a company was too small to accommodate all the members who attended, and so the chairman adjourned the meeting to an alternative venue.
Held: The decision by the chairman was set aside on the . .
Cited – Mettoy Pension Trustees v Evans ChD 1990
Where a trustee acts under a discretion given to him by the terms of the trust the court will interfere with his action if it is clear that he would not have so acted as he did had he not failed to take into account considerations which he ought to . .
Cited – Ogden and Another v Trustees of the RHS Griffiths 2003 Settlement and others; In Re Griffiths deceased ChD 25-Jan-2008
A life-time transfer which had been made under a mistake as to the donor’s chances of surviving long enough for the transfer to be exempt from Inheritance Tax was set aside. Unbeknown to the donor, he had lung cancer at the time.
Held: Lewison . .
Cited – Sieff v Fox ChD 23-Jun-2005
The advisers to trustees wrongly advised the trustees about the tax consequences of exercising a power of appointment in a certain way. As a result a large unforeseen Capital Gains Tax liability arose. The trustees sought to set aside the . .
Cited – Wolff v Wolff ChD 6-Sep-2004
The court considered its ability to redraw a document where its legal effect was misunderstood. . .
Cited – Edge and others v Pensions Ombudsman and Another CA 29-Jul-1999
The Pensions Ombudsman was wrong to set aside the decision of pensions trustees where that decision was properly made within the scope of a discretion given to the Trustees. He should not carry out an investigation where no particular benefit could . .
Cited – Hunter v Senate Support Services Ltd and others ChD 2005
The court set aside a forfeiture of shares for non-payment of a call. The decisions of the directors to forfeit the shares and to transfer the forfeited shares to the group holding company were flawed, though not improperly motivated, because the . .
Cited – Abacus Trust Company (Isle of Man) Colyb Limited v Barr, Barr, and Barr ChD 6-Feb-2003
The court considered the Rule in Hastings-Bass, and specifically (1) whether the trustee’s decision is open to challenge when the failure to take a consideration into account is not attributable to a breach of fiduciary duty on the part of the . .
Cited – Equitable Life Assurance Society v Hyman HL 20-Jul-2000
The directors of the Society had calculated the final bonuses to be allocated to policyholders in a manner which was found to be contrary to the terms of the policy. The language of the article conferring the power to declare such bonuses contained . .
Cited – Gibbon v Mitchell ChD 1990
G executed a deed surrendering his life interest in a trust fund in order to vest the property in his two children: the deed did not have that effect because of two errors (one of which was ignoring the fact that his life interest was subject to . .
Cited – Anker-Petersen v Christensen ChD 2002
Where a mistake is made as to the effect of an appointment under a trust it may be possible to invoke the court’s jurisdiction to rescind the appointment. Davis J considered Millett J’s distinction between ‘effect’ and ‘consequences’: ‘An example in . .
Cited – Stannard v Fisons Ltd; Stannard v Fisons Pensions Trust CA 2-Jan-1990
The purchaser of a business said that the company had made insufficient contributions to its pensions fund before the transfer, and sought payment of the sums underpaid. The defendants argued that, applying Hastings-Bass, unless that principle were . .
Cited – Burrell and Sharman v Burrell, Shore, Tyrrell, etc ChD 23-Feb-2005
Shares were appointed by trustees in the mistaken belief that they attracted business property relief from Inheritance tax. They sought to set aside the appointment.
Held: Mann J applied the rule in Stannard v Fisons Pensions Trust and . .
Cited – Ogilvie v Littleboy CA 1897
Lindley LJ discussed the variation of a gift for mistake: ‘Gifts cannot be revoked, nor can deeds be set aside, simply because the donors wish they had not made them and would like to have back the property given. Where there is no fraud, no undue . .
Cited – Lady Hood of Avalon v Mackinnon 1909
Lady Hood made an appointment in favour of her elder daughter, in order to place her in the same position as her younger daughter to whom she had already made large appointments. But in doing so she (and her solicitor) had forgotten that she had, . .

Cited by:

Cited – Futter and Another v Futter and Others ChD 11-Mar-2010
Various family settlements had been created. The trustees wished to use the rule in Hastings-Bass to re-open decisions they had made after receiving incorrect advice.
Held: The deeds were set aside as void. The Rule in Hastings-Bass derives . .
Appeal From – Pitt and Another v Holt and Another CA 9-Mar-2011
. .
At First Instance – Futter and Another v Revenue and Customs; Pitt v Same SC 9-May-2013
Application of Hastings-Bass Rule
F had created two settlements. Distributions were made, but overlooking the effect of section 2(4) of the 2002 Act, creating a large tax liability. P had taken advice on the investment of the proceeds of a damages claim and created a discretionary . .
Lists of cited by and citing cases may be incomplete.

Trusts, Inheritance Tax

Updated: 07 December 2022; Ref: scu.401868

Al-Khatib v Masry: FD 2002

The court heard an application for an ancillary relief order in divorce proceedings.
Held: General reputation prevailing in the community, and the mere opinions, inferences or beliefs of witnesses, are inadmissible in proof of material facts. The court awarded awarded the petitioner a total of some pounds 25 million, of which pounds 5.5 million represented the capitalised amount, calculated on a Duxbury basis, of her needs assessed at the annual figure of pounds 225,000. The petitioner was entitled to have the part of the order which was referable to ‘maintenance’ within the meaning of the Conventions expressed as such, since a Duxbury fund calculated as such constituted ‘maintenance’ for this purpose.
Munby J considered as the ‘seemingly unanswerable question’ the question of how to calculate the consequences of non-disclosure by one party in ancillary relief proceedings.

Judges:

Munby J

Citations:

[2002] 1 FLR 1053, [2002] EWHC 108 (Fam)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Al-Khatib v Masry and others CA 26-Jun-2002
Application for leave to appeal against ancillary relief order. . .
Appeal from – Al-Khatib v Masry and others CA 5-Oct-2004
The parties had been involved in protracted and bitter family disputes. After a previous appeal they had been invited to refer their disputes to mediation.
Held: At that time, mediation within the Appeal Court was managed by commercial . .
Cited – Traversa v Freddi CA 14-Feb-2011
Jurisdiction in Cross border divorce
The parties had divorced in Italy. After the wife sought possession of her house in London where H lived, he appealed against refusal of leave to apply for an order under the 1984 Act, the court having found insufficient substantial grounds for . .
Cited – NG v SG FD 9-Dec-2011
The court considered what to do when it was said that a party to ancillary relief proceedings on divorce had failed to make proper disclosure of his assets. H appealed against an award of a capital sum in such proceedimngs.
Held:
Held: . .
Cited – Ben Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 07 December 2022; Ref: scu.384143

J v V (Disclosure: Offshore Corporations): FD 2003

A prenuptial agreement had been signed on the eve of marriage without advice or disclosure and without allowance for arrival of children. Coleridge J also considered the use of documents recovered by a party by unauthorised or improper means. He said: ‘The use of Hildebrand documents in English ancillary relief proceedings is perfectly permissible subject to certain conditions as to early revelation to the party who owns the documents. When that general point is added to the fact that, absent these documents, the picture of the husband’s finances would be even more incomplete in a number of crucial respects than it is anyway, I find [the wife’s] conduct entirely understandable, justified and above criticism. I should not have hesitated to criticise her and her lawyers if I had felt they had over-stepped the mark.’
As to costs, Coleridge J said: ‘If clients ‘duck and weave’ over months or years to avoid coming clean they cannot expect much sympathy when it comes to the question of paying the costs of the enquiry which inevitably follows. And that is so whatever the outcome eventually is and whatever offers have been made before final determination. Applicants cannot be properly and fully advised about the merits of offers by their lawyers unless the disclosure is full . . and frank; all the cards must be put on the table face up at the earliest stage if huge costs bills are to be avoided.’
Coleridge J also commented on the readiness of the courts to deal with overcomplicated financial structures: ‘these sophisticated offshore structures are very familiar nowadays to the judiciary who have to try them. They neither impress, intimidate, nor fool any one. The courts have lived with them for years.’

Judges:

Coleridge J

Citations:

[2004] 1 FLR 1042, [2003] EWHC 3110 (Fam)

Jurisdiction:

England and Wales

Citing:

Cited – Hildebrand v Hildebrand 1992
The parties in ancillary relief proceedings sought orders for discovery. H had been to the wife’s flat surreptitiously on five occasions, and taken photocopies of so many documents obtained by him in the course of those visits (but returned after . .

Cited by:

Cited – White v Withers Llp and Dearle CA 27-Oct-2009
The claimant was involved in matrimonial ancillary relief proceedings. His wife was advised by the defendants, her solicitors, to remove his private papers. The claimant now sought permission to appeal against a strike out of his claim against the . .
Cited – Tchenguiz and Others v Imerman CA 29-Jul-2010
Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order . .
Cited – Radmacher (Formerly Granatino) v Granatino SC 20-Oct-2010
The parties, from Germany and France married and lived at first in England. They had signed a pre-nuptial agreement in Germany which would have been valid in either country of origin. H now appealed against a judgment which bound him to it, . .
Cited – Lykiardopulo v Lykiardopulo CA 19-Nov-2010
The court was asked as to how a Family Division judge might decide whether or not to publish an ancillary relief judgment at the conclusion of a trial during which one of the parties conspired to present a perjured case. H and family members had . .
Cited – Ben Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
Lists of cited by and citing cases may be incomplete.

Family, Litigation Practice

Updated: 07 December 2022; Ref: scu.377302

AB, Regina (On the Application of) v X Crown Court: Admn 22 May 2009

the claimant AB seeks to challenge the decision of Judge D on 27 March 2009 in the X Crown Court refusing to recuse himself from a wasted costs application he had initiated against the claimant, and also refusing to particularise further the basis of that application.

Judges:

Hickinbottom J

Citations:

[2009] EWHC 1149 (Admin), [2009] ACD 60, [2009] PNLR 30

Links:

Bailii

Jurisdiction:

England and Wales

Jury

Updated: 07 December 2022; Ref: scu.346854

Strand Transport Services Ltd v Whitworth: CA 6 Aug 2009

The process of the company making the claimant redundant had been declared a sham. The company appealed against a decision that even had the correct procedures been followed, the decision would have been the same. The tribunal said that insufficient evidence had been brought to support such an assertion.
Held: The appeal was dismissed. The employer’s ‘case was that it had fairly and reasonably dismissed him for redundancy following actual consideration of, and consultation with him on, the ‘swallowing up’ point. That point was neither mentioned in the note of the critical meeting with Mr Whitworth nor in the ET3. Strand’s evidence on that aspect of redundancy in the witness statements and in the answers of Mr Greenhalgh in cross examination was not accepted. It was correct for the ET to conclude that there was ‘no evidence’ to support the Polkey point in the commonly accepted sense that no relevant facts were established by credible evidence. ‘

Judges:

Mummery, Longmore, Lloyd LJJ

Citations:

[2009] EWCA Civ 858

Links:

Bailii

Statutes:

Employment Rights Act 1996 98A(2)

Jurisdiction:

England and Wales

Citing:

Cited – Polkey v A E Dayton Services Limited HL 19-Nov-1987
Mr Polkey was employed as a driver. The company decided to replace four van drivers with two van salesmen and a representative. Mr Polkey and two other van drivers were made redundant. Without warning, he was called in and informed that he had been . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 07 December 2022; Ref: scu.372638

Cobham Hire Services Ltd v Eeles: CA 13 Mar 2009

The court was asked what is the correct approach to the making of an interim payment in a heavy personal injury claim where the damages, when finally assessed, are likely to include one or more periodical payments orders pursuant to section 2 of the Damages Act 1996. The Act, as amended provided for the court to make an award of damages which could include one or more Periodical Payment Orders. This made it necessary to examine what was the correct approach to the making of an interim payment where the damages, when finally assessed, could include such orders.
Smith LJ described the approach which a judge should take when applications are made for an interim payment in a case in which the trial judge may wish to make a periodic payments order: ‘The judge’s first task is to assess the likely amount of the final judgment, leaving out of account the heads of future loss which the trial judge might wish to deal with by PPO. Strictly speaking, the assessment should comprise only special damages to date and damages for pain, suffering and loss of amenity, with interest on both. However, we consider that the practice of awarding accommodation costs (including future running costs) as a lump sum is sufficiently well established that it will usually be appropriate to include accommodation costs in the expected capital award. The assessment should be carried out on a conservative basis. Save in the circumstances discussed below, the interim payment will be a reasonable proportion of that assessment. A reasonable proportion may well be a high proportion, provided that the assessment has been conservative. The objective is not to keep the claimant out of his money but to avoid any risk of over-payment.
For this part of the process, the judge need have no regard as to what the claimant intends to do with the money. If he is of full age and capacity, he may spend it as he will; if not, expenditure will be controlled by the Court of Protection.
We turn to the circumstances in which the judge will be entitled to include in his assessment of the likely amount of the final judgment additional elements of future loss. That can be done when the judge can confidently predict that the trial judge will wish to award a larger capital sum than that covered by general and special damages, interest and accommodation costs alone. We endorse the approach of Stanley Burnton J in Braithwaite. Before taking such a course, the judge must be satisfied by evidence that there is a real need for the interim payment requested. For example, where the request is for money to buy a house, he must be satisfied that there is a real need for accommodation now (as opposed to after the trial) and that the amount of money requested is reasonable. He does not need to decide whether the particular house proposed is suitable; that is a matter for the Court of Protection. But the judge must not make an interim payment order without first deciding whether expenditure of approximately the amount he proposes to award is reasonably necessary. If the judge is satisfied of that, to a high degree of confidence, then he will be justified in predicting that the trial judge would take that course and he will be justified in assessing the likely amount of the final award at such a level as will permit the making of the necessary interim award.

Judges:

Dyson, Smith, Thomas LJJ

Citations:

[2009] EWCA Civ 204, [2009] CP Rep 29, [2009] PIQR P15, [2009] LS Law Medical 274

Links:

Bailii

Statutes:

Damages Act 1996 2

Jurisdiction:

England and Wales

Cited by:

Cited – Preston v City Electrical Factors Ltd and Another QBD 13-Nov-2009
The claimant had received andpound;100,000 in interim payments on his personal injury claim, and now sought a further similar sum.
Held: The claim was thought substantial, but the defendants said that any final award would include an . .
Cited – Brown ( A Minor) v Emery QBD 4-Mar-2010
The court considered an application for an interim payment to fund the purchase of suitable accommodation in which the child claimant might spend periods of time with her parents and sibling and ultimately reside on discharge, at a cost of . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 07 December 2022; Ref: scu.317974

Andrews v Chapman: 1853

A report does not cease to be fair because there are some slight inaccuracies or omissions. However, comment in order to be justifiable as fair comment must appear as comment and must not be so mixed up with the facts that the reader cannot distinguish between what is report and what is comment:

Citations:

(1853) 3 C and K 286, [1853] EngR 280, (1853) 3 Car and K 286, (1853) 175 ER 558

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Curistan v Times Newspapers Ltd CA 30-Apr-2008
The court considered the availability of qualified privilege for reporting of statements made in parliament and the actionable meaning of the article, which comprised in part those statements and in part other factual material representing the . .
Cited – Hunt v Star Newspaper Co Ltd CA 1908
The defendant’s publication imputed to the plaintiff improper conduct in the discharge of his duties as a deputy returning officer at a municipal election. The defendant pleaded fair comment.
Held: The complaint related to allegations of fact . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 07 December 2022; Ref: scu.270509

Dann v Spurrier: 1802

The tenant had carried out improvements to the property. It was uncertain whether the length of the term (7, 14 or 21 years) was at the option of the lessee alone.
Held: The case was decided on construction of the lease. Lord Eldon made it clear obiter that the fact of the defendant’s knowledge (of the plaintiff’s mistake) must be proved by strong and cogent evidence. He gave some weight to the fact that the plaintiff was a professional man who had acted incautiously. He said: ‘this Court will not permit a man knowingly, though but passively, to encourage another to lay out money under an erroneous opinion of title; and the circumstance of looking on is in many cases as strong as using terms of encouragement.’

Judges:

Lord Eldon LC

Citations:

(1802) 7 Ves Jun 231, [1789] EngR 482, (1789-1817) 2 Ves Jun Supp 26, (1789) 34 ER 982 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Yeoman’s Row Management Ltd and Another v Cobbe HL 30-Jul-2008
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal.
Held: The appeal succeeded in part. The finding . .
Cited – Rochdale Canal Company v King 1853
Sir John Romilly MR said: ‘The principle on which the Defendants rely is one often recognised by this Court, namely, that if one man stand by and encourage another, though but passively, to lay out money, under an erroneous opinion of title, or . .
Cited – Thorner v Major and others HL 25-Mar-2009
The deceased had made a will including a gift to the claimant, but had then revoked the will. The claimant asserted that an estoppel had been created in his favour over a farm, and that the defendant administrators of the promisor’s estate held it . .
Lists of cited by and citing cases may be incomplete.

Equity

Updated: 07 December 2022; Ref: scu.276432