Granada TV Network Ltd v Great Universal Stores Ltd: 1963

A landlord may reasonably refuse consent to an assignment of a lease where the result of the assignment would inevitably be a breach of a user covenant.

Citations:

(1963) 187 EG 391

Jurisdiction:

England and Wales

Cited by:

Cited – Ashworth Frazer Limited v Gloucester City Council HL 8-Nov-2001
A lease contained a covenant against assignment without the Landlord’s consent, such consent not to be unreasonably withheld. The tenant asserted, pace Killick, that the landlord could not refuse consent on the grounds that the proposed tenant might . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.187996

Selby v Selby: 1817

Signing: ‘That is signing is, putting his name to [the document] or [doing] some other act intended by him to be equivalent to the actual signature of the name – such as a person unable to write making his mark’.

Judges:

Grant MR

Citations:

[1817] 3 Mer 2

Jurisdiction:

England and Wales

Cited by:

Cited – Edgell v Glover, Garnett (Returning Officer) QBD 4-Nov-2003
The constituency had adopted an all postal ballot, resulting in a counted majority of one. One ballot paper’s confirmation of identity had not been signed.
Held: The function of the court, exercising its jurisdiction under section 48(1), is . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 07 December 2022; Ref: scu.187490

Regina v Rose: 1847

A person may use proportionate force to defend himself.

Citations:

(1847) 2 Cox 329

Jurisdiction:

England and Wales

Cited by:

Cited – Director of Public Prosecutions v Bayer, Hart, Snook, and Whistance Admn 4-Nov-2003
The defendants protested the growing of genetically modified crops. The prosecutor appealed dismissal of charges of aggravated trespass for them having entered a crop and attached themselves to tractors. The district judge decided they had genuine . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.187495

Manfield and Sons Ltd v Botchin: 1970

The tenant wished to occupy a shop, which the landlord wished to develop, but where the landlord awaited clearance of planning difficulties. The tenant was granted a tenancy at will. After occupying the property for more than four years, the tenant asserted security of tenure under the Act.
Held: A tenancy at will expressly granted, and with no provisions inconsistent with the nature of a tenancy at will such as for forfeiture, is not protected by the 1954 Act, provided the two parties genuinely agreed it to be such.

Citations:

[1970] 2 QB 612

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.186965

Regina (on the application of Ouji) v Secretary of State for the Home Department: 2002

The court was concerned to interpret s122(4) of the 1999 Act relating to ‘essential living needs’. Basic support and basic essential needs by reference to non-disabled asylum seekers would be provided by the Secretary of State under the 1999 Act, but that any additional support needed as a result of disabilities would be provided by local authorities under s21 of the 1948 Act.

Judges:

Collins J

Citations:

[2002] EWHC 1839 (Admin

Statutes:

National Assistance Act 1948, Immigration and Asylum Act 1999

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest CA 23-Oct-2003
A family of asylum seekers with two disabled children would be destitute without ‘adequate’ accommodation. What was such accommodation?
Held: The authority was under an absolute duty to house such a family. In satisfying such duty, it was . .
Lists of cited by and citing cases may be incomplete.

Benefits, Housing, Immigration

Updated: 07 December 2022; Ref: scu.187179

Regina v Riley: 1866

The court described the workings of the Act, saying that once the whole of the deposition is before the jury: ‘it will appear how far the suggested contradiction exists, and the absence of a particular statement may be explained by the context; or even if there is a discrepancy on the point, it may appear that it is only one minute point, and that in all the rest of the evidence there is perfect consistency, so that the general result of the comparison may be confirmation rather than contradiction.’

Judges:

Baron Channell

Citations:

(1866) 4 FandF 964

Statutes:

Criminal Procedure Act 1865

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Ali CACD 14-Nov-2003
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements.
Held: The evidence of the mother had been admitted . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 07 December 2022; Ref: scu.187958

Rex v Lord Grosvenor: 1819

An obstruction interfering with navigation on the Thames with a public right of navigation was unlawful even if erected with the Conservators’ consent unless the Conservators were granted statutory power to give such consent.

Citations:

(1819) 176 ER 720

Jurisdiction:

England and Wales

Cited by:

Cited – Rowland v The Environment Agency ChD 19-Dec-2002
Public rights of Navigation have since time immemorial at common law existed over the Thames including (unless and until extinguished or ceasing to be exercisable) Hedsor Water. The claimant sought a declaration that rights of navigation over that . .
Lists of cited by and citing cases may be incomplete.

Utilities, Land

Updated: 07 December 2022; Ref: scu.187535

Finbow v Air Ministry: 1963

The minister had mistakenly exercised a formal power to approve a licence to occupy land under a repealed section instead of its re-enacted successor. The claimant said that this was not an effective approval. The court also considered the authorities on how to distringuish between a lease and a licence.
Held: The misdescription of his powers rendered the document a nullity would defeat the plain intention of the Minister. McNair J said ‘It is, in my judgment, a plain case for the application of the maxim falsa demonstratio non nocet and of the principle embodied in the maxim magis valeat quam valeat. There is a total inconsistency and repugnancy between the minister’s manifest intention and the literal effect of the document, and, in my judgment, the former should prevail.’
As to the nature of the agreement: ‘1) that the agreement must be construed as a whole and that the relationship is determined by law and not by the lable which the parties put on it, though the label is a factor to be taken into account in determining the true relationship; . . . 2) that the grant of exclusive possession, if not conclusive against the view that there is a mere licence as distinct from a tenancy, is at any rate a consideration of the first importance;’ and in all the cases where a licence was found, that was because of the presence of factors such as those set out in Facchini.
As to the effect of reliance upon the mistake, McNair J said: ‘The document was in the circumstances in which it was executed plainly intended by the Minister to be an approval in the exercise of his statutory powers. These powers at the date of the instrument were to be found only in section 2 of the Act of 1948. To hold that the mis- description of his powers rendered the document a nullity, would, in my judgment, defeat the plain intention of the Minister to be deduced from the circumstances and the date of its execution. It is, in my judgment, a plain case for the application of the maxim falsa demonstratio non nocet and of the principle embodied in the maxim magis valeat quam pereat. There is a total inconsistency and repugnancy between the Minister’s manifest intention and the literal effect of the document, and, in my judgment, the former should prevail. In this connection, reference may be made to In re Lockwood, Atherton v Brooke, where Harman J was confronted with a rather similar problem arising out of mistake in a statute and approved a citation from Maxwell on Statutes (now 11th ed. (1962) p 243) to the following effect: ‘The authorities do …. establish that the judicial interpreter may deal with careless and inaccurate words and phrases in the same spirit as a critic deals with an obscure or corrupt test, when satisfied, on solid grounds, from the context or history of the enactment or from the injustice, inconvenience, or absurdity of the consequences to which it would lead, that the language thus treated does not really express the intention and that this amendment probably does.”

Judges:

McNair J

Citations:

[1963] 1 WLR 697

Jurisdiction:

England and Wales

Citing:

Cited – Facchini v Bryson 1952
The court held that in all the reported cases where it was held that an agreement was a licence rather than a tenancy: ‘In all the cases where an occupier has been held to be a licensee there has been something in the circumstances, such as a family . .

Cited by:

Cited – Regina v Dover Magistrates’ Court ex parte Webb Admn 18-Mar-1998
The defendant appealed against a forfeiture order, saying that it had been made under the 1990 Act which had been repealed.
Held: The wrong naming of the section did not invalidate the decision. . .
Cited – Burrells Wharf Freeholds Ltd v Galliard Homes Ltd TCC 1-Jul-1999
The court was aksed to provide pre-action discovery under the rules. The defendant said that the rules were invalid, having been made under an invalid power.
Held: ‘article 5 of the Order would not have been invalidated by a failure to mention . .
Cited – McKay, Regina (on the Application of) v First Secretary of State and Another CA 9-Jun-2005
An enforcement notice was challenged on the grounds of it having been made without the appropriate identification of the land at issue. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Administrative

Updated: 07 December 2022; Ref: scu.186963

Regina v Oyesiku: CACD 1971

The court considered the admissibility of evidence of consistent statements in order to rebut an allegation of recent fabrication. There may be a residual discretion with the judge to permit re-examination to show consistency when there is ‘something either in the nature of the inconsistent statement, or in the use made of it by the cross-examiner, to enable such evidence to given’

Citations:

(1971) 56 Cr App R 240

Jurisdiction:

England and Wales

Citing:

Approved – Regina v Coll 1889
‘The evidence of a witness cannot be corroborated by proving statements to the same effect previously made by him; nor will the fact that his testimony is impeached in cross-examination render such evidence admissible. Even if the impeachment takes . .
Cited – Nominal Defendant v Clements 1961
(Australia) Dixon CJ said of the rules regarding the significance of previous inconsistent statements: ‘in as much as the rule forms a definite exception to the general principle excluding statements made out of court and admits a possibly . .
Approved – Nominal Defendant v Clements 1961
(Australia) Dixon CJ said of the rules regarding the significance of previous inconsistent statements: ‘in as much as the rule forms a definite exception to the general principle excluding statements made out of court and admits a possibly . .

Cited by:

Cited – Regina v Ali CACD 14-Nov-2003
The defendant appealed conviction and sentence for sexual assaults on young girls. He complained that the prosecution had been allowed to bring in evidence of previous consistent statements.
Held: The evidence of the mother had been admitted . .
Cited – Athwal and Others, Regina v CACD 7-May-2009
The appellants challenged their conviction for murder and sentences. The victim was the young second wife of the first defendant. It was said that she had been unfaithful, and having been lured to India, had been murdered there. She had disappeared, . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence

Updated: 07 December 2022; Ref: scu.187961

Benarr v Kettering Health Authority: 1988

Citations:

[1988] 138 NLJ 179

Jurisdiction:

England and Wales

Cited by:

Cited – Rees v Darlington Memorial Hospital NHS Trust HL 16-Oct-2003
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages.
Held: The House having considered the issue in MacFarlane only . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 07 December 2022; Ref: scu.186893

Smith v Stokes: 1801

After a bankruptcy goods belonging to his partnership were received by the defendant Stokes. The commission in bankruptcy then issued. His partner died and his will was proved by Stokes and another. The assignees under the commission then brought an action in trover against Stokes. The action could not be maintained if Stokes as Strickland’s executor was a tenant in common of the goods. Counsel for the plaintiffs contended: ‘The property was originally vested in the two partners as joint tenants, and nothing happened during the life of Strickland to convert their title into a tenancy in common; for he died before the commissioners’ assignment was made, and consequently before the bankrupt laws had attached upon the legal title of the bankrupt so as to destroy the joint tenancy. The act of bankruptcy, which happened before Strickland’s death, could not of itself operate to dissolve the joint-tenancy, or sever the title of the parties, and convert it into a tenancy in common . . The relation back of the assignment to the act of bankruptcy, in order to avoid mesne acts of the bankrupt, is by force of the bankrupt laws, and is quite distinct in its operation from the change of title effected in the property by such assignment, from a joint tenancy in common, which results from the rules of the common law in consequence of the conveyance, and which has no relation back.’
Held: Rejecting the submission, ‘In this case it was not the act of bankruptcy alone that dissolved the joint tenancy, but the act of bankruptcy followed by the commission and assignment. Nothing passes to the assignees till the assignment; but when that is executed, they are in by legal relation to the time of the act of bankruptcy . . This is the essential object of the bankrupt laws, and the uniform operation of them’. The court then referred to the exceptional case under the royal prerogative and continued ‘In all other instances the relation takes place. The effect of it then in this case is, that the assignees became tenants in common by relation from the time of the act of bankruptcy with the other partner in his lifetime, and since his decease with his representatives, one of whom is the present defendant; and then the rule of law attaches, that one tenant in common cannot maintain trover against another’

Judges:

Lord Kenyon CJ

Citations:

(1801) 1 East 363

Jurisdiction:

England and Wales

Citing:

Cited – Cooper v Chitty 1756
An action of trover was brought by the assignees of the bankrupt against the Sheriffs of London who had taken and sold the bankrupt’s goods under a writ of fi. fa. The debtor committed an act of bankruptcy on 4th. December 1753. On the 5th. December . .

Cited by:

Cited – Re Dennis (A Bankrupt) CA 22-May-1995
A joint tenancy was severed (under the former law) on the event of an act of bankruptcy, and not only by the later actual adjudication of bankruptcy. The vesting of the debtor’s property in the trustee which occurred on adjudication was automatic; . .
Cited – Morgan v Marquis 2-Nov-1853
The defendants had possession of some flour for sale under instructions from Perrin. The jury found that the sale was to be for the account of Perrin and one Shute and not Perrin alone, and that Perrin and Shute were joint tenants. Perrin committed . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 07 December 2022; Ref: scu.186748

Ghelardini and Brunori v Italy: ECHR 9 Oct 2003

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses award – domestic proceedings ; Costs and expenses award – Convention proceedings

Citations:

53233/99, [2003] ECHR 489

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 07 December 2022; Ref: scu.186657

Fraser v Kershaw: 1856

It was settled law that the bankruptcy of one of two partners puts an end at once to the partnership and that the one partner being bankrupt, his assignee, the trustee, became tenant in common with the other.

Judges:

Page Wood V-C

Citations:

(1856) 2 K and J 496

Jurisdiction:

England and Wales

Citing:

Followed – Fraser v Kershaw 1856
It was settled law that the bankruptcy of one of two partners puts an end at once to the partnership and that the one partner being bankrupt, his assignee, the trustee, became tenant in common with the other. . .

Cited by:

Followed – Fraser v Kershaw 1856
It was settled law that the bankruptcy of one of two partners puts an end at once to the partnership and that the one partner being bankrupt, his assignee, the trustee, became tenant in common with the other. . .
Cited – Re Dennis (A Bankrupt) CA 22-May-1995
A joint tenancy was severed (under the former law) on the event of an act of bankruptcy, and not only by the later actual adjudication of bankruptcy. The vesting of the debtor’s property in the trustee which occurred on adjudication was automatic; . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 07 December 2022; Ref: scu.186746

Fox v Hanbury: 1776

One of two partners committed an act of bankruptcy. The solvent partner later disposed of partnership property to the defendant. A commission was afterwards issued against the bankrupt partner, and the plaintiffs as assignees under the commission brought an action of trover against the defendant. The partners were joint tenants at law (though not in equity) of partnership property. The defendants submitted that the plaintiffs could not recover on either count. If at the date of the sale to the defendant the goods were the property of both partners as alleged in the first count (ie. if the joint tenancy had not been severed by the act of bankruptcy) then each partner had the right to dispose of the whole, and the disposal of one partner was the disposal of both: but if the partnership was dissolved by the act of bankruptcy of one partner (so that the joint tenancy was severed) the action still could not be maintained; for then the assignees under the commission and the solvent partner would be tenants in common, and trover and detinue did not lie at the suit of one tenant in common against another.
Held: The act of bankruptcy dissolved the partnership and severed the joint tenancy. ‘An act of bankruptcy by one partner, is to many purposes a dissolution of the partnership, by virtue of the relation in the statutes, which avoid all the acts of a bankrupt from the day of his bankruptcy; and from the necessity of the thing, all his property being vested in the assignees, who cannot carry on a trade.’

Judges:

Lord Mansfield

Citations:

(1776) 2 Cowp 445

Jurisdiction:

England and Wales

Cited by:

Cited – Re Dennis (A Bankrupt) CA 22-May-1995
A joint tenancy was severed (under the former law) on the event of an act of bankruptcy, and not only by the later actual adjudication of bankruptcy. The vesting of the debtor’s property in the trustee which occurred on adjudication was automatic; . .
Cited – Morgan v Marquis 2-Nov-1853
The defendants had possession of some flour for sale under instructions from Perrin. The jury found that the sale was to be for the account of Perrin and one Shute and not Perrin alone, and that Perrin and Shute were joint tenants. Perrin committed . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 07 December 2022; Ref: scu.186745

Mullens v Miller: 1892

Where an agent enters into a contract on behalf of a principal and the opposite party has been induced to enter into it by an innocent misrepresentation by the agent, the opposite party is entitled to rescission provided that the making of a representation of that kind was within the actual or apparent authority of the agent.

Citations:

[1892] 22 Ch D 194

Jurisdiction:

England and Wales

Cited by:

Cited – MCI Worldcom International Inc v Primus Telecommunications Inc ComC 25-Sep-2003
The claimant sought judgment, and the defendant leave to amend its defence. The question was whether the proposed defence had any reasonable prospect of success.
Held: The misrepresentation alleged was made by the claimant’s in-house . .
Lists of cited by and citing cases may be incomplete.

Contract, Agency

Updated: 07 December 2022; Ref: scu.186443

Levy v Spyers: 1856

‘It is negligence where there are two ways of doing a thing, and one is clearly right, and the other is doubtful, to do it in the doubtful way’

Citations:

[1856] 1 F and F 3

Jurisdiction:

England and Wales

Cited by:

Cited – Roberts vWinbow (3) CA 4-Dec-1998
The plaintiff was treated for depression by the defendant by prescription of drugs. She sufferred a reaction, but now claimed that the doctor’s slow reaction caused her to suffer lasting injury. The question on appeal was, if a plaintiff suffers . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 07 December 2022; Ref: scu.186437

Al Nahkel for Contracting and Trading Ltd v Lowe: 1986

A writ ne exeat regno could be granted when it would have the effect of preserving assets within the jurisdiction.

Citations:

[1986] QB 235

Statutes:

Debtors Act 1869

Jurisdiction:

England and Wales

Cited by:

Distinguished – Ali v Naseem ChD 22-Jul-2003
The claimant sought a writ ne exeat regno against the defendant debtor.
Held: The power given to the tipstaff to arrest a debtor is an elderly remedy, and should only be exercised when the requirements were strictly met, and those requirements . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 07 December 2022; Ref: scu.186531

Federici v Italy: ECHR 9 Oct 2003

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – financial award ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses award – Convention proceedings

Citations:

63523/00, [2003] ECHR 487

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 07 December 2022; Ref: scu.186659

Smith v Oriell: 1801

Citations:

(1801) 1 East 368

Jurisdiction:

England and Wales

Cited by:

Mentioned – Morgan v Marquis 2-Nov-1853
The defendants had possession of some flour for sale under instructions from Perrin. The jury found that the sale was to be for the account of Perrin and one Shute and not Perrin alone, and that Perrin and Shute were joint tenants. Perrin committed . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 07 December 2022; Ref: scu.186751

Rex v Darcy and Collins: 1664

D and C were indicted for a misdemeanour in that D had challenged E to a duel and sent the challenge by C who knew well about it. Both defendants were Guilty.

Citations:

(1664) 1 Sid 186, 82 ER 1047

Jurisdiction:

England and Wales

Crime

Updated: 07 December 2022; Ref: scu.186597

The Sky One: 1988

RSC O.11, r.6(3)) did not provide exclusive methods of service. Service might be effected by private means rather than through the methods set out there, provided always that nothing was done in the country where service was to be effected which was contrary to the law of that country. Under Swiss law it was contrary to serve proceedings privately, and although the court had a discretion to cure the default, it would require a very strong case to exercise the discretion to allow service to stand where it was expressly prohibited.

Judges:

Honhouse J

Citations:

[1988] 1 Lloyds Rep 238

Jurisdiction:

England and Wales

Cited by:

Cited – BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc ChD 25-Jul-2003
The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 07 December 2022; Ref: scu.186471

A G v Italy: ECHR 9 Oct 2003

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings ; Costs and expenses award – Convention proceedings

Citations:

66441/01, [2003] ECHR 480

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 07 December 2022; Ref: scu.186660

Cooper v Chitty: 1756

An action of trover was brought by the assignees of the bankrupt against the Sheriffs of London who had taken and sold the bankrupt’s goods under a writ of fi. fa. The debtor committed an act of bankruptcy on 4th. December 1753. On the 5th. December a creditor obtained judgment against the debtor and issued a writ of execution. The sheriff thereupon seized goods belonging to the debtor. On 8th. December the debtor was declared bankrupt and the commissioners executed an assignment. The sheriff afterwards sold the goods. Counsel for the plaintiffs posed two questions: (1) whose property the goods were when they were seized by the sheriffs? and (2) whose property they were when sold by the sheriffs? As to the first he submitted that ‘After the act of bankruptcy, they ceased to be the property of the bankrupt himself; wheresoever else the property might be between the act of bankruptcy and the assignment. . . Here the plaintiffs have declared as assignees under the commission of bankruptcy: therefore their interest vests as from the time of the act of bankruptcy.’ Counsel for the defendants submitted that ‘The property is in the bankrupt till assignment: and the subsequent sale cannot make the sheriff a wrong-doer by a fictitious relation.’
Held: In favour of the plaintiffs. ‘Two things are necessary to be proved to entitle the plaintiff to recover in this kind of action: 1st, property in the plaintiff; and 2dly a wrongful conversion by the defendant. As to the first, it is admitted in the present case that the property was in the plaintiffs as on and from the 4th. December (which was before the seizure) by relation. This relation the statutes concerning bankrupts introduced to avoid frauds. They vest in the assignees all the property that the bankrupt had at the time of what I may call the crime committed (for the old statutes consider him a criminal): they make the sale by the commissioners good against all persons who claim by, from, or under the bankrupt after the act of bankruptcy and against all executions not served and executed before the act of bankruptcy. Dispositions by process of law are put on the same foot with dispositions by the party: to be valid, they must be completed before the act of bankruptcy. Therefore as to the first point, it is most clear that the property was in the plaintiffs as on and from the 4th. December when the act of bankruptcy was committed’

Judges:

Lord Mansfield

Citations:

(1756) 1 Burr 19

Jurisdiction:

England and Wales

Cited by:

Cited – Re Dennis (A Bankrupt) CA 22-May-1995
A joint tenancy was severed (under the former law) on the event of an act of bankruptcy, and not only by the later actual adjudication of bankruptcy. The vesting of the debtor’s property in the trustee which occurred on adjudication was automatic; . .
Cited – Smith v Stokes 1801
After a bankruptcy goods belonging to his partnership were received by the defendant Stokes. The commission in bankruptcy then issued. His partner died and his will was proved by Stokes and another. The assignees under the commission then brought an . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 07 December 2022; Ref: scu.186744

Robba v Italy: ECHR 9 Oct 2003

Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses award – domestic proceedings ; Costs and expenses award – Convention proceedings

Citations:

50293/99, [2003] ECHR 494

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 07 December 2022; Ref: scu.186656

Adoko v Office for the Supervision of Solicitors: Admn 15 Jul 2003

The applicant had been made subject of an order preventing his employment as a clerk by any firm of solicitors. A costs order accompanied that order. The order was later the subject of a default costs certificate. He sought to appeal that certificate.
Held: The correct and only way to challenge such an order was application under CPR47.12. In any event there was required to be shown evidence demonstrating ‘a good reason why detailed assessment proceedings should continue’ (CPR47.12(2)). No such reason was adduced. An appeal was not a possible route of challenge. Appeal dismissed.

Judges:

Lord Justice Dyson, Mr Justice Gibbs

Citations:

[2003] EWHC 1899 (Admin)

Links:

Bailii

Statutes:

Civil Procedure Rules 47.12

Jurisdiction:

England and Wales

Legal Professions, Costs, Civil Procedure Rules

Updated: 07 December 2022; Ref: scu.185810

Wiles v Maddison: 1943

It was proved that the defendant had the intention to commit an offence. Viscount Caldecote CJ said ‘A person might, for instance, be convicted of making an offer of an article at too high a price by putting it in his shop window to be sold at an excessive price, although there would be no evidence of anybody having passed the shop window or having seen the offer or the exposure of the article for sale at that price.’

Judges:

Viscount Caldecote CJ

Citations:

[1943] 1 All ER 315

Jurisdiction:

England and Wales

Cited by:

Distinguished – Fisher v Bell QBD 10-Nov-1960
A shopkeeper displayed a flick-knife in his window for sale. A price was also displayed. He was charged with offering it for sale, an offence under the Act. The words ‘offer for sale’ were not defined in the Act, and therefore the magistrates . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.185105

Ingram v Morecroft: 1863

‘… if a man enter into a covenant to do a particular thing, however absurd, the covenantee is entitled to have the covenant performed; …’

Judges:

Sir John Romilly MR

Citations:

(1863) 33 Beav 49

Jurisdiction:

England and Wales

Cited by:

Cited – Gardner and Gardner v Davis and others CA 15-Jul-1998
Three properties were dependent upon drainage through the plaintiff’s land. The soakaway system would not support increased usage. The appellant challenged an order denying an easement.
Held: The drainage easement was to be read according to . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 07 December 2022; Ref: scu.185409

Crown Estates Commissioners v Dorset County Council: 1990

Res judicata (more properly estoppel per rem judicatam) is a form of estoppel which gives effect to the policy of the law that the parties to a judicial decision should not afterwards be allowed to re-litigate the same question, even though the decision may be wrong. If it is wrong, it must be challenged by appeal or not at all. As between themselves, the parties are bound by the decision, and may neither re-litigate the same cause of action nor re-open any issue which was an essential part of the decision. The doctrine comes into its own only when the decision is wrong; if it is right, it merely serves to save time and costs.

Judges:

Millett

Citations:

[1990] Ch 297

Jurisdiction:

England and Wales

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, . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Estoppel

Updated: 07 December 2022; Ref: scu.185411

Darlington Building Society and Abbey National Plc v O’Rourke James Scourfield and McCarthy: 1990

The plaintiffs sought to amend their claim to add an assertion that the defendant solicitors’ duty of confidentiality was lost by virtue of their clients’ fraudulent intent, and the possible knowledge of the defendant solicitors of that intent. It was argued that this was a new head of claim, and that it was statute barred.

Judges:

Sir Iain Glidewell

Citations:

[1990] 1 LLR 33

Jurisdiction:

England and Wales

Cited by:

Cited – Abbey National Plc v Clive Travers and Co (a Firm) CA 18-May-1999
The defendants appealed an order for discovery saying it would infringe their duty of confidence to their clients. The firm had acted for the buyer, seller and lender. A fraud on the lender was alleged. The solicitors sought to rely upon the . .
Lists of cited by and citing cases may be incomplete.

Limitation

Updated: 07 December 2022; Ref: scu.185103

Sun Alliance and London Assurance Ltd v Hayman: 1975

Citations:

[1975] 1 WLR 177

Statutes:

Landlord and Tenant Act 1954 23

Jurisdiction:

England and Wales

Cited by:

Cited – C A Webber (Transport) Ltd v Railtrack plc CA 15-Jul-2003
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.185742

Re a Debtor (Nos 49 and 50 of 1992): 1995

The evidence disclosed a genuine triable issue as to whether there was a current liability to pay a sum equalling or exceeding andpound;750 and so a statutory demand had rightly been set aside. The judge had found that the debtor had a substantial argument that he might owe less than andpound;750. There the judge had found that the debtor had a substantial argument that he might owe less than andpound;750. Sir Donald Nicholls V.-C. said of Rule 6.5(4)(b) (at p.70): ‘It cannot be that a dispute as to part only enables the debtor to have the whole demand set aside even if, for example, there is no dispute concerning his liability to pay some other specific amount.’

Judges:

Sir Donald Nicholls V-C

Citations:

[1995] Ch 66

Jurisdiction:

England and Wales

Cited by:

Cited – Platts v Trustees Savings Bank Plc CA 13-Feb-1998
A counterclaim for negligent sale was a valid claim allowing potential against repossessing bank but would not make bank’s claim unliquidated. The Judge could properly hold that there was a liquidated and unsecured debt the subject of the statutory . .
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 07 December 2022; Ref: scu.184797

In re Gardner: 1920

A common intention of husband and wife and taking of benefit are sufficient to establish mutual wills.

Citations:

[1920] 2 Ch 523

Jurisdiction:

England and Wales

Cited by:

Cited – Goodchild and Another v Goodchild CA 2-May-1997
The deceased and his wife made wills in virtually identical form. The husband changed his will after their divorce, but his son and other wife claimed that the couple had intended the wills to be part of a larger arrangement of their affairs, . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Family

Updated: 07 December 2022; Ref: scu.183795

Poole and Mills v Regina: CACD 17 Jun 2003

The case was a reference from the Criminal Cases Review Commission. The defendants had been convicted in 1990 of murder. The House of Lords had dismissed an earlier appeal. Police officers had allowed statements to be put forward which were false in critical aspects, and had threatened witnesses to avoid their attendance at court.
Held: The divisional court had expressed doubts about the conviction. It was now, after Pendleton, wrong to hold that there were substantial improprieties in a conviction, but that it could still be upheld because it would not have affected the jury. Once a case had been successfully referred to the court, the court whilst respecting the Commission, could consider additional grounds. Here, new challenges had been made to the introduction within a witness statement of a rehearsal of evidence given by another witness, which evidence was prejudicial and hearsay. Appeal allowed.

Judges:

Lord Justice Auld Mr Justice Simon Mr Justice Keith

Citations:

[2003] EWCA Crim 1753, Times 26-Jun-2003, 2002/02985S2, Gazette 28-Aug-2003, [2003] 1 WLR 2931

Links:

Bailii

Statutes:

Criminal Appeal Act 1995 14(5)

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Smith (Wallace Duncan) (No 3) CACD 28-Nov-2002
The appellant was supported in his appeal by the Criminal Cases Review Commission. In addition the appellant sought to permission raise other grounds of appeal. The prosecution asserted that the court could filter the grounds of appeal already . .
Cited – Regina v Thomas CACD 29-Apr-2002
The appellant appealed his conviction for murder. The prosecution case had been that the victim died before a certain time. Witness had come to light after the first trial who knew her, and claimed to have seen her after the time of death according . .
Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .
Cited – Regina v Edwards CACD 31-Jan-1996
Police evidence which had been impugned by suggestions of perjury was not to be used not to found a conviction. A senior officer can be in a position to infect the whole investigative process and evidence so as to render the conviction unsafe: ‘Once . .

Cited by:

Cited – Smith (Wallace Duncan), Regina v (No 4) CACD 17-Mar-2004
The defendant appealed convictions for fraudulent trading and obtaining property by deception, saying that the English court could not prosecute an offence committed principally in the US.
Held: Provided some substantial element (here the . .
Cited – Regina v Stock CACD 8-Aug-2008
The defendant sought to appeal his conviction in 1970 for robbery. He had refused to attend an identity parade but was then confronted with the main witness. Witnesses had also been shown photographs from which they were said to have selected the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.183706

Boyle v Wisman: 1855

After parties were enabled to testify in most civil cases by the 1851, the court recognised that the failure of one of them to deny a fact which it is in his power to deny gives colour to the evidence against him.

Judges:

Alderson B

Citations:

(1855) 10 Exch 647

Statutes:

Evidence Act 1851

Jurisdiction:

England and Wales

Cited by:

Cited – Liennard v Slough Borough Council QBD 15-Mar-2002
The claimant sought damages from the respondents who had been responsible for his education, for having failed to diagnose his learning difficulties. The school had recognised that he was underachieving, but diagnosis as to the reason was not easy. . .
Lists of cited by and citing cases may be incomplete.

Evidence

Updated: 07 December 2022; Ref: scu.184028

Wood v Saunders: 1875

The dominant land at the time of sale contained a house ‘adapted for about twenty-five inmates, and only part of the drainage of the house rain into the ditch or moat’ on land retained by the vendor. The purchaser subsequently extended the house, ‘and turned it into a lunatic asylum in which 150 persons were resident’ and also ‘altered the drains and made them all discharge into the ditch or moat’. An easement had been expressly granted, in a lease, and enlarged on acquisition of the freehold. The easement was to drain sewage through a drain into an existing open cesspool ditch on the servient property. The change in the dominant tenement caused a large increase in the volume of sewage that went into the open cesspool.
Held: ‘There had been a stipulation in the lease that the buildings were not to be altered without the lessor’s consent, which was never asked for. The right to the passage of soil was not an unrestricted right, but was at that time to some extent limited, as the mansion-house could not be enlarged without the consent of the lessor, and it must be held that the grant was on the same terms as the lease. The words as to the passage of soil could not be held to apply to any additions to the buildings. The Plaintiff, therefore, had not made out a right to the passage of soil and water from the building in its enlarged state. It had been said that the right must be construed with regard to the size of the pipe or ditch, but there was no authority for that proposition.’ ‘It had been said that the right must be construed with regard to the size of the pipe or ditch, but there was no authority for that proposition. In ascertaining the extent of the right of a user of a road when the condition of the adjoining property has been altered, the fact that there was plenty of room in the road had never been taken into consideration. The right must be measured according to the principle . . . in Williams v James … as a reasonable use for the purpose of the land in the condition in which it was when the user took place, that is, in the case of this mansion, in the state in which it was when the grant was made. The matter must however be looked at reasonably, and no small addition to the house would be improper. Here there had been a very large increase. It had also been argued that the easement must be measured by the quantity which the ditch would contain, but there was no authority for such a doctrine, which would give rise to very difficult questions. Some similar questions might no doubt arise in this case, as the owner of the easement might send down so large a quantity as not to leave room for the quantity sent by the owner of the land, but this would probably be of much less importance.”

Judges:

Sir Charles Hall V-C

Citations:

(1875) 10 Ch App 582

Jurisdiction:

England and Wales

Citing:

Cited – Williams v James 1867
A right of way had been granted over the plaintiff’s land for the benefit of ‘Nine acre field’ in its ordinary use as a field. Hay grown on both Nine acre field and the adjoining ‘Parrott’s land’ had been mowed and stored on Nine acre field in the . .

Cited by:

Cited – Gardner and Gardner v Davis and others CA 15-Jul-1998
Three properties were dependent upon drainage through the plaintiff’s land. The soakaway system would not support increased usage. The appellant challenged an order denying an easement.
Held: The drainage easement was to be read according to . .
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, . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 07 December 2022; Ref: scu.185408

Doe d Spicer v Lea: 1809

A lease in the new style commencing on St Michael’s day gave notice to quit on the old Michaelmas date, but should have been given to expire on the new Michaelmas day. Extrinsic evidence that the party intended the other day was not admitted. A strict rule of construction has been applied not only to notices exercising break clauses but also to notices to terminate periodic tenancies

Citations:

(1809) 11 East 312, (1809) 103 ER 1024

Jurisdiction:

England and Wales

Cited by:

Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.185094

Wellman Alloys Ltd v Russell: 1973

Only economic losses are recoverable following a dismissal.

Citations:

[1973] ICR 616

Jurisdiction:

England and Wales

Citing:

Followed – Norton Tool Co Ltd v Tewson NIRC 30-Oct-1972
(National Industrial Relations Court) The court was asked to calculate damages on a dismissal, and particularly as to whether the manner of the dismissal should affect the damages.
Held: The common law rules and authorities on wrongful . .

Cited by:

Cited – Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association EAT 8-Apr-2003
EAT Unfair Dismissal – Compensation
In each case, The employee sought additional damages for non-economic loss after an unfair dismissal.
Held: The Act could be compared with the Discrimination Acts . .
Cited – Dunnachie v Kingston Upon Hull City Council CA 11-Feb-2004
Compensation for non-economic loss brought about by the manner of an unfair dismissal is, on authority and on principle, recoverable. The award of such compensation by the employment tribunal in the present case was not excessive and was adequately . .
Cited – Dunnachie v Kingston-upon-Hull City Council HL 15-Jul-2004
The claimant sought damages following his dismissal to include a sum to reflect the manner of his dismissal and the distress caused.
Held: The remarks of Lord Hoffmann in Johnson -v- Unysis were obiter. The court could not, under the section, . .
Lists of cited by and citing cases may be incomplete.

Employment, Damages

Updated: 07 December 2022; Ref: scu.183841

Lord Binning, Petitioner: 1984

Citations:

1984 SLT 18

Jurisdiction:

Scotland

Citing:

Disapproved – Murray v Murray’s Tutor 1915
The date of a mortis causa trust disposition and settlement for the purposes of section 48 of the 1848 Act was the date of the truster’s death and not the date of its execution. . .

Cited by:

Cited – Earl of Balfour v Keeper of the Registers of Scotland and Others HL 6-Nov-2002
The applicant sought a declaration that he was the owner of land by virtue of the 1848 Act, claiming that a series of grants of liferent were ineffective to restrict the title transferred.
Held: Miller’s Trustees was to be applied in to the . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 07 December 2022; Ref: scu.186369

Walwyn v Awberry: 1677

A lay rector brought an action for trespass because the local Bishop had sequestered his tithes on account of his failure to obey an admonition to repair the chancel of the parish church. The issue was whether sequestration was an available remedy.
Held: It was not. It was agreed by all, that an impropriator is chargeable with the repairs of the chancel; but the charge was not personal but in regard of the profits of the impropriation.

Judges:

Atkins J

Citations:

(1677) 2 Mod 254

Jurisdiction:

England and Wales

Cited by:

Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical

Updated: 07 December 2022; Ref: scu.184049

Osman and another v Ferguson and another: CA 7 Oct 1992

Limits of Police duty to protect

A schoolmaster developed an infatuation for a teenage pupil. It led to the killing of the pupil’s father, the wounding of the pupil, the wounding of a deputy headmaster and the killing of the deputy headmaster’s son. Mr Osman’s widow and the pupil claimed against, with another, the Commissioner of Metropolitan Police. The defendant appealed against a refusal to strike out the claim.
Held: The appeal was allowed. In light of previous authorities, no action could lie against the police in negligence in the investigation and suppression of crime on the grounds that public policy required an immunity from suit. The Commissioner and his officers owed the father and the pupil no duty of care.

Judges:

Lord Justice McCowan

Citations:

[1993] 4 All ER 344, [1992] EWCA Civ 8

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal following – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Welton, Welton v North Cornwall District Council CA 17-Jul-1996
The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Lists of cited by and citing cases may be incomplete.

Police, Negligence

Updated: 07 December 2022; Ref: scu.183662

Tempest v Snowden: 1952

Decision too charge – whether was warranted

A custody officer is not required to be sure that the accused person is guilty before charging him, but rather he should believe that a charge is warranted

Citations:

[1952] 1 KBD 130

Jurisdiction:

England and Wales

Cited by:

Cited – Glinski v McIver HL 1962
The court considered the tort of malicious prosecution when committed by a police officer, saying ‘But these cases must be carefully watched so as to see that there really is some evidence from his conduct that he knew it was a groundless charge.’ . .
Cited – Sinclair v Chief Constable of West Yorkshire and British Telecommunications Plc CA 12-Dec-2000
The claimant had been prosecuted, but the charge was dismissed as an abuse of process. He now appealed a strike out of his civil claim for damages for malicious prosecution.
Held: The appeal failed. The decision to dismiss the criminal charge . .
Cited – Howarth v Gwent Constabulary and Another QBD 1-Nov-2011
The claimant alleged malicious prosecution and misfeasance in public office against the defendant. He had been charged with perverting the course of justice. He had worked for a firm of solicitors specialising in defending road traffic prosecutions. . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other

Updated: 07 December 2022; Ref: scu.183663

Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971

Test for police protection need

The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one way or in the other, I do not think that the test of the applicability of paragraph (c) is that the court must be satisfied that it is more likely than not that the fugitive will be detained or restricted if he is returned. A lesser degree of likelihood is, in my view, sufficient; and I would not quarrel with the way in which the test was stated by the magistrate or with the alternative way in which it was expressed by the Divisional Court. ‘A reasonable chance,’ ‘substantial grounds for thinking,’ ‘a serious possibility’ – I see no significant difference between these various ways of describing the degree of likelihood of the detention or restriction of the fugitive on his return which justifies the court in giving effect to the provisions of section 4(1)(c). Instead of too close a calculation, the court should consider the words ‘applying, untrammelled by semantics, principles of common sense and common humanity.’

Judges:

Lord Diplock

Citations:

[1971] 1 WLR 987, [1971] 2 All ER 691

Statutes:

European Convention on Human Rights, Fugitive Offenders Act 1967 4(1)(c)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (A and Others) v Lord Saville of Newdigate and Others QBD 16-Nov-2001
When making a decision which would interfere with the human rights of an individual, and even where the risks from which protections was sought, could be seen as small, it was the duty of the decision maker to justify the interference. The . .
Adopted – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Cited – Regina v Chief Constable of Norfolk, ex parte DF Admn 2002
Test for need for police protection
The court considered the duties of the police to protect the applicants.
Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and . .
Cited – A and Others, Regina (on the Application of) v Lord Saville of Newdigate and others CA 28-Jul-1999
Former soldiers who had been involved in the events in Londonderry in 1972, and were to be called to give evidence before a tribunal of inquiry, still had cause to fear from their names being given, and so were entitled to anonymity when giving such . .
Cited – A and Another v Inner South London Coroner QBD 24-Jun-2004
At an inquest into the death of a civilian apparently shot by police officers, the officers applied for anonymity, which the coroner refused. They sought judicial review.
Held: How witnesses participated in coroners inquests was to be decided . .
Cited – Secretary of State for Home Department v Ravichandran CA 6-Jun-1997
Application for leave to appeal granted.
Held: This was a case where the relationship of the Tribunal to the Special Adjudicator can and should be considered. ‘I have indicated some of the difficulties which may arise. There is no doubt that . .
Cited – Bennett v Officers A and B and Commissioner of Police for the Metropolis CA 2-Nov-2004
Police Officers had been involved in a shooting in which a man died. They were granted anonymity before the coroner’s court, on evidence suggesting they might be at risk. The family of the deceased appealed.
Held: The coroner misdirected . .
Cited – Van Colle v Hertfordshire Police QBD 10-Mar-2006
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of . .
Approved – Regina v Home Secretary, ex parte Sivakumaran HL 16-Dec-1987
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the . .
Cited – Regina v Makuwa CACD 23-Feb-2006
The defendant appealed her conviction for using a false instrument (a passport) intending someone else to accept it as genuine.
Held: Once she had brought forward sufficient evidence to support a claim to asylum status, it was then for the . .
Cited – Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department Admn 26-Jul-2010
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 07 December 2022; Ref: scu.183661

Griffiths v Evans: CA 1953

The parties disputed the terms on which the solicitor had been engaged, and in particular as to the scope of the duty undertaken by and entrusted to the solicitor as regards advising the client.
Held: Where there is a dispute between a solicitor and the client about the existence or the terms of an oral retainer the Court may give some preference to the client’s evidence.
Denning LJ, dissenting, said: ‘On this question of retainer, I would observe that where there is a difference between a solicitor and his client upon it, the courts have said, for the last 100 years or more, that the word of the client is to be preferred to the word of the solicitor, or, at any rate, more weight is to be given to it (see Crossley v. Crowther, per Turner V-C, and Re Paine, per Warrington J.). The reason is plain. It is because the client is ignorant and the solicitor is, or should be, learned. If the solicitor does not take the precaution of getting a written retainer, he has only himself to thank for being at variance with his client over it and must take the consequences.’ and
‘The general principle is that ‘a solicitor is the agent of his client in all matters that may reasonably be expected to arise for decision in the cause”.

Judges:

Denning LJ

Citations:

[1953] 2 All ER 1364, [1953] 1 WLR 1424

Jurisdiction:

England and Wales

Citing:

Cited – Crossley v Crowther 20-Nov-1851
A, who was an equitable mortgagee by deposit of deeds ot property belonging to the estate of B, was paid off by C, on an agreement with the executors of B. (as their solicitor stated) that proceedings should be taken in A’s name to enforce the . .

Cited by:

Cited – Jarvis v Swans Tours Ltd CA 16-Oct-1972
The plaintiff had booked a holiday through the defendant travel tour company. He claimed damages after the holiday failed to live up to expectations.
Held: In appropriate cases where one party contracts to provide entertainment and enjoyment, . .
Cited – Midland Bank Trust Co Ltd v Hett Stubbs and Kemp (a firm) ChD 1978
A solicitor had failed to register an option as a land charge over property. The court was asked what steps should have been taken by a solicitor in the conduct of a claim: ‘Mr Harman [leading counsel for the plaintiff] sought to rely upon the fact . .
Cited – Glyn v McGarel-Groves CA 14-Jul-2006
The claimant had employed a French veterinary surgeon to treat her horse ‘Anna’. She engaged the defendant English veterinary surgeon to attend the treament and observe. The horse died at the principal negligence of the French vet. The English vet . .
Cited – Sibley and Co v Reachbyte Ltd and Another ChD 4-Nov-2008
Solicitors appealed against a costs order made refusing them payment of all of Leading and Junior counsel’s fees.
Held: The leading counsel involved had not provided anything like a detailed account of the time he had spent on what was a . .
Lists of cited by and citing cases may be incomplete.

Negligence, Damages, Legal Professions

Updated: 07 December 2022; Ref: scu.186347

Regina v Immigration Appeal Tribunal ex parte Bari: 1986

Citations:

[1986] Imm AR 26

Jurisdiction:

England and Wales

Cited by:

Cited – McPherson v Secretary of State for the Home Department CA 19-Dec-2001
The appellant had entered the UK as a visitor on regular occasions and latterly had used false passport. She was then convicted of supplying Class A drugs, and ordered to be deported. She had children who also were in the UK, and did not wish to be . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 07 December 2022; Ref: scu.183277

In re Yateley Common, Hampshire: 1977

Rights of common were held to exist in land even though the land had been requisitioned for use as an airfield and had been used for that purpose for over thirty years.

Citations:

[1977] 1 All ER 505, [1977] 1 WLR 840

Jurisdiction:

England and Wales

Cited by:

Cited – G and K Ladenbau (UK) Ltd v Crawley and De Reya QBD 25-Apr-1977
The defendant solicitors acted for the plaintiff in the purchase of land, but failed to undertake a commons search which would have revealed an entry which would prevent the client pursuing his development. The defect was discovered only when . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 07 December 2022; Ref: scu.181788

Munnings v Hydro-Electric Commission: 1971

Citations:

(1971) 45 ALJR 378

Jurisdiction:

England and Wales

Cited by:

Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Lists of cited by and citing cases may be incomplete.

Commonwealth

Updated: 07 December 2022; Ref: scu.183274

Villella v MFI Furniture Centres Limited: 1999

Citations:

[1999] IRLR 468

Jurisdiction:

England and Wales

Cited by:

Cited – Briscoe v Lubrizol Limited CA 23-Apr-2002
The claimant had been employed by the respondents. Having been injured he claimed under a long-term disability scheme underwritten by insurers. They discontinued payment, and the company dismissed him. He now claimed damages for breach of contract. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 07 December 2022; Ref: scu.181815

Doe d Wyatt v Byron: 1845

Citations:

[1845] 1 CB 623

Jurisdiction:

England and Wales

Cited by:

Applied – United Dominions Trust Ltd v Shellpoint Trustees CA 23-Mar-1993
The lessee of a flat charged it to secure the purchase price. He fell into arrears in the payment of service charges which were recoverable as rent. The landlord obtained judgment for the arrears and for costs. The tenant paid the arrears but not . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.183294

Brown v Ferguson: 1990

Citations:

[1990] SLT 274

Jurisdiction:

Scotland

Cited by:

Cited – Carole Patricia Jones Or Smith and Co v J Smart (Contractors) Public Limited Company SCS 17-May-2002
The pursuers sought damages for the estate of the deceased, a former employee of the responders, and who had died from mesothelioma. The particular issues were the judges exclusion of certain heads of damages for lost support. The defenders had . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 07 December 2022; Ref: scu.182312

H J Heinz and Co Ltd v Kendrick: 2000

Citations:

[2000] IRLR 144

Jurisdiction:

England and Wales

Cited by:

Cited – Woodlands School (Newton Stewart) Ltd v Gordon EAT 5-Oct-2001
The employer appealed against a finding of disability discrimination. The tribunal was claimed not to have taken account of the codes of practice and the need for a risk assessment.
Held: The absence of a risk assessment mean that no . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 07 December 2022; Ref: scu.181276

Regina v Wragg: 1990

Citations:

[1990] 12 Cr App R 537

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Biddle CACD 24-Oct-1996
The defendant appealed sentences of five years for indecent assaults on strangers in public places at night. One was on a girl of 16, and the offences. Were committed within a short time of each other. He had denied the offences despite clear . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 07 December 2022; Ref: scu.182323

Regina v Home Secretary, Ex parte Bellow: 25 May 1995

Citations:

May 25, 1995 unreported

Jurisdiction:

England and Wales

Cited by:

Adopted – Regina v Secretary of State for the Home Department Ex Parte Owalabi QBD 3-Jan-1996
The Home Secretary may evaluate fresh material himself under the section, without always referring the case back to the adjudicator. . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 07 December 2022; Ref: scu.181283

Child v Douglas: 5 May 1854

Citations:

(1854) Kay 560, 23 LJ Ch 45, 22 LTOS 116, 17 Jur 1113, 2 WR 2, 69 ER 1, [1854] EngR 478, (1854) Kay 560, (1854) 69 ER 237

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

Considered – Tulk v Moxhay 22-Dec-1848
Purchaser with notice bound in Equity
A, being seised of the centre garden and some houses in Leicester Square, conveyed the garden to B in fee, and B covenanted for himself and his assigns to keep the garden unbuilt upon.
Held: A purchaser from B, with notice of the covenant, was . .

Cited by:

See Also – Child v Douglas 1-Aug-1854
. .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 07 December 2022; Ref: scu.183263

Hermann v Seneschal: 1862

In considering immunity given to officers acting in execution of their duty, ‘I think the governing question for the jury was, whether the defendant really believed that the facts existed which would bring the case within the statute . . , and honestly intended to put the law in force; and that, if the jury found that the defendant did so really believe, and did so honestly intend, then the defendant was entitled to a verdict’

Judges:

Erle C.J

Citations:

(1862) 13 C B (N S ) 392 [143 E R 156]

Jurisdiction:

England and Wales

Cited by:

Cited – Crooks v Ebanks PC 30-Mar-1999
PC (Jamaica) Whilst chasing an armed criminal, the police officer tripped, discharging his gun, which hit the claimant. She sought damages. The officer claimed immunity under the Act.
Held: The dropping of . .
Lists of cited by and citing cases may be incomplete.

Police

Updated: 07 December 2022; Ref: scu.183136

Regina v Emery-Barker: 1990

Citations:

[1990] 12 Cr App R(S) 78

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Biddle CACD 24-Oct-1996
The defendant appealed sentences of five years for indecent assaults on strangers in public places at night. One was on a girl of 16, and the offences. Were committed within a short time of each other. He had denied the offences despite clear . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 07 December 2022; Ref: scu.182322

Pollard v Photographic Co: 1888

Mrs Pollard had contracted with the defendant for photographs to be taken of herself for her own purposes. She found that the defendant was using the photograph for quite different purposes. She argued that, she having contracted for the photograph to be taken for one purpose, there was an implied term that it should not be used for any other.
Held: Such an implied term did exist.

Judges:

North J

Citations:

(1888) 40 Ch Div 345

Jurisdiction:

England and Wales

Cited by:

Cited – Douglas etc v Hello! Ltd etc ChD 11-Apr-2003
The claimants were to be married. They sold the rights to publish photographs of their wedding, but various of the defendants took and published unauthorised pictures.
Held: The claimants had gone to lengths to ensure the commercial value of . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract

Updated: 07 December 2022; Ref: scu.181411

Hunter v Butler: 1986

Citations:

[1986] RTR 396

Jurisdiction:

England and Wales

Cited by:

Cited – Hewison v Meridian Shipping Pte, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd CA 11-Dec-2002
The claimant was awarded damages for injuries suffered in his work as a seaman. The respondents claimed that he should not receive damages, since he had made false declarations as to his health in order to obtain employment, hiding his epilepsy . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 07 December 2022; Ref: scu.183224

Electrolux Ltd v Electrix Ltd: 1954

Citations:

(1954) 71 RPC

Jurisdiction:

England and Wales

Cited by:

Cited – Gerber Products Company v Gerber Foods International Ltd ChD 18-Mar-2002
The opponent marketed baby food using the trade mark. The applicant sough revocation of the trade mark on the grounds of it not having been bona-fide used.
Held: The Electrolux case did not establish that the mark owner had to establish . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 07 December 2022; Ref: scu.183134

Regina v Home Secretary, Ex parte Khaldoon: 8 Nov 1995

Citations:

November 8, 1995 unreported

Jurisdiction:

England and Wales

Cited by:

Adopted – Regina v Secretary of State for the Home Department Ex Parte Owalabi QBD 3-Jan-1996
The Home Secretary may evaluate fresh material himself under the section, without always referring the case back to the adjudicator. . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 07 December 2022; Ref: scu.181282

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: Admn 31 Jul 2002

Judges:

Ousely J

Citations:

Unreported 31 July 2002

Jurisdiction:

England and Wales

Cited by:

Appeal from – Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department CA 18-Jun-2003
The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection . .
Lists of cited by and citing cases may be incomplete.

Prisons, Police

Updated: 07 December 2022; Ref: scu.183658

Regina v Chief Constable of Norfolk, ex parte DF: Admn 2002

Test for need for police protection

The court considered the duties of the police to protect the applicants.
Held: The search for a phrase which encapsulates a threshold of risk which engages article 2 is a search for a chimera. The degree of risk described as ‘real and immediate’ in Osman . . as used in that case, was a very high degree of risk calling for positive action from the authorities to protect life. It was ‘a real and immediate risk to the life of an identified individual or individuals from the criminal acts of a third party’ which was, or ought to have been, known to the authorities. Such a degree of risk is well above the threshold that will engage article 2 when the risk is attendant upon some action that an authority is contemplating putting into effect itself. It was not an appropriate one in the present context.

Judges:

Crane J

Citations:

[2002] EWHC 1738 (Admin)

Statutes:

European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Regina (A and others) (Widgery Soldiers) v Lord Saville of Newdigate and Others CA 19-Dec-2001
The court would apply common sense in deciding whether soldier witnesses should be obliged to attend in person at an enquiry in Londonderry, where they claimed their lives would be at risk. It was not appropriate to seek to define what would be . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Police

Updated: 07 December 2022; Ref: scu.183660

Re W (Enduring Power of Attorney): 2000

The law allows those with capacity to take treatment decisions which on any objective view are reasonable. A power of an attorney to make gifts of the donor’s property is extremely limited and without the authorisation of the court does not extend to the making of gifts as part of inheritance tax planning.
The onus of establishing incapacity lies on the party who seeks to rebut the presumption.
Jules Sher QC said: ‘she ought to have known the law if she was to take on the responsibility of such an important fiduciary position, particularly as one of the few things expressly stated in part of the power itself is the following sentence: ‘I also understand my limited power to use the donor’s property to benefit persons other than the donor.”

Judges:

Jules Sher QC

Citations:

[2000] 1 All ER 175, [2002] MHLR 411, [2000] Ch 343, [2000] 3 WLR 45

Jurisdiction:

England and Wales

Cited by:

Cited – X v Y, Z sub nom In re E (Enduring power of attorney) ChD 18-Feb-2000
The application was an appeal against an order registering an enduring power of attorney. The appeal from Master Lush was by way of rehearing. The donor had executed two powers. The second was invalid, and the donees of the first power sought to . .
Cited – PS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others Admn 10-Oct-2003
The claimant had been compulsorily detained under the Act. He complained that the detention and compulsory medication infringed his rights, and amongst other things breached his religious beliefs.
Held: This was an exceptional case requiring . .
Lists of cited by and citing cases may be incomplete.

Health, Agency

Updated: 07 December 2022; Ref: scu.183097

Malette v Shulman Jobes, In re: 1990

‘The right to determine what shall be done with one’s own body is a fundamental right in our society. The concepts inherent in this right are the bedrock upon which the principles of self-determination and individual autonomy are based. Free individual choice in matters affecting this right should, in my opinion, be accorded very high priority.’

Judges:

Robins JA

Citations:

(1990) 67 DLR (4th) 321, (1987) 529 A 2d 434

Jurisdiction:

England and Wales

Cited by:

Cited – Airedale NHS Trust v Bland CA 9-Dec-1992
The official Solicitor appealed against a decision that doctors could withdraw medical treatment including artificial nutrition, from a patient in persistent vegetative state.
Held: The doctors sought permission to act in accordance with . .
Lists of cited by and citing cases may be incomplete.

Health, Human Rights

Updated: 07 December 2022; Ref: scu.180674

Attorney-General v Hanmer: 1858

Letters patent granted mineral rights in the waste lands.
Held: the term included the lands between the high and low water marks.

Citations:

(1858) 27 LJCh 837

Jurisdiction:

England and Wales

Cited by:

Cited – G and K Ladenbau (UK) Ltd v Crawley and De Reya QBD 25-Apr-1977
The defendant solicitors acted for the plaintiff in the purchase of land, but failed to undertake a commons search which would have revealed an entry which would prevent the client pursuing his development. The defect was discovered only when . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 07 December 2022; Ref: scu.180561

Mountview Court Properties v Devlin: 1970

Citations:

(1970) 21 P and CR 689, [1971] CLY 10036

Jurisdiction:

England and Wales

Cited by:

Cited – Regina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales CA 20-Jan-2000
Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on . .
Cited – Crake v Supplementary Benefits Commission; Butterworth v Supplementary Benefits Commission 1982
The claimants lived in the same house. The woman had severe injuries, and her male friend had at one time moved into the house to assist her care. She later moved to live with him, leaving her husband. There was no sexual relationship. The . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 07 December 2022; Ref: scu.180401

Tormes Ltd v Landau: 1971

Citations:

[1971] 1 QB 261

Jurisdiction:

England and Wales

Cited by:

Cited – Regina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales CA 20-Jan-2000
Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 07 December 2022; Ref: scu.180400

Blyth v Birmingham Waterworks Co: 1856

Judges:

Baron Alderson

Citations:

(1856) 11 Exch 781

Jurisdiction:

England and Wales

Cited by:

Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 07 December 2022; Ref: scu.181260

Twomax Ltd v Dickson, McFarlane and Robinson: 1982

Citations:

1982 SC 113, 1983 SLT 98

Jurisdiction:

Scotland

Cited by:

Distinguished – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Stewart v Perth and Kinross Council HL 1-Apr-2004
The claimant challenged refusal of a licence to sell second hand cars, saying that the licensing requirements imposed were outwith the Act under which they had been made. The licensing scheme imposed additional requirements.
Held: Though a . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 07 December 2022; Ref: scu.180652

Regina v Sedgemoor District Council Housing Benefit Review Board ex parte Weaden: 1986

Citations:

[1986] 84 LGR 850

Jurisdiction:

England and Wales

Cited by:

Cited – Charles Fairbank v Lambeth Magistrates’ Court Admn 25-Apr-2002
The appellant applied for housing benefit. He completed a form which asked if he owned other properties. He had been prosecuted for failing to disclose ownership of a property. He requested the court to consider whether he had a duty to disclose . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 07 December 2022; Ref: scu.180083

Baker v Cornwall County Council: 1990

The court asked when it could infer race discrimination: ‘In these circumstances, the Tribunal has no choice but to draw an inference adverse to the respondents and find that the applicant has been discriminated against by the respondents within the meaning of section 1(1), because no satisfactory explanation justifying the treatment accorded to the applicant has been accepted by them.’

Citations:

[1990] IRLR 194

Jurisdiction:

England and Wales

Cited by:

Cited – Strathclyde Regional Council v Zafar; Zafar v Glasgow City Council HL 16-Oct-1997
The absence of any other explanation for the unfair dismissal of a black worker, does not of itself and inescapably lead to finding of race bias, or racial discrimination. He had been dismissed following complaints of sexual harassment, later found . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 07 December 2022; Ref: scu.180681

Allen v Aldridge: 1844

The case concerned the recovery of costs by a solicitor for acting as steward of a manor. The claim to tax such costs failed: ‘The statute does not authorise the taxation of every pecuniary demand or bill which may be made or delivered by a person who is a solicitor, for every species of employment in which he may happen to be engaged. The business contained in a taxable bill may be business of which no part was transacted in any Court of law or Equity; but I am of opinion that it must be business connected with the profession of an attorney or solicitor – business in which the attorney or solicitor was employed, because he was an attorney or solicitor, or in which he would not have been employed, if he had not been an attorney or solicitor, or if the relation of attorney or solicitor and client had not subsisted between him and his employer. It may perhaps, on some occasions, be questionable, whether the business contained in a solicitor’s bill be or be not such as to make the bill taxable under the Act; but in the present case I do not see any reason to doubt. The relation of solicitor and client did not subsist between Mr Ward and the Petitioners, or any of them, or between Mr Ward and any other person in relation to this matter. He was not employed by the Petitioners because he was a solicitor, but because he was steward of the manor, and he might have been steward of the manor, without being a solicitor. His bill is not as to any part of it a solicitor’s bill; it is a bill of charges claimed to be payable to the steward of the manor, and nothing else; and I am of opinion that the statute gives me no jurisdiction over it.’

Judges:

Lord Langdale MR

Citations:

(1844) 5 Beav 401

Statutes:

Solicitors Act 1843 37

Jurisdiction:

England and Wales

Cited by:

Cited – Pine v Law Society CA 20-Feb-2002
The applicant was a solicitor. The Respondent intervened in his practice, and a solicitor agent took it over. The agent submitted its accounts for payment by the Society and the applicant, who then sought to challenge the accounts under the Act. The . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 07 December 2022; Ref: scu.180543

The Zephyr: 1984

Whilst it is possible to make a contract which is partly oral and partly written, that is not the practice of the marine insurance market. The policy is the formal contractual document issued to the assured and unequivocally contains the terms of the contract. A contract of marine insurance is inadmissible in evidence unless contained in a policy signed by the insurer.

Judges:

Hobhouse J

Citations:

[1984] 1 Lloyds LR 58, [1985] 2 LLR 529

Jurisdiction:

England and Wales

Cited by:

Cited – Sun Life Assurance Company of Canada (A Company Established Pursuant To the Laws of Canada) v CX Reinsurance Company Limited (Formerly CNA Reinsurance Company Ltd) CA 6-Mar-2003
The claimant appealed a refusal to order that a dispute between insurer and re-insurer be referred to arbitration. One party sought to avoid liability under the policy, alleging misrepresentation. Discussions had been undertaking settling a revised . .
Cited – Tryg Baltic International (UK) Ltd v Boston Compania De Seguros Sa and others ComC 28-May-2004
Four defendants from Argentina sought to have set aside an order for them to be served, saying the appropriate jursidiction, if there was a triable issue, would be Argentina.
Held: The agreements were to be construed according to English Law. . .
Lists of cited by and citing cases may be incomplete.

Insurance, Contract

Updated: 07 December 2022; Ref: scu.179738

King v Thomas McKenna: 1991

Citations:

[1991] CLY 199

Jurisdiction:

England and Wales

Cited by:

Cited – Arnold and Others v National Westminster Bank Plc CA 14-Mar-1994
There was no power to remit a case to an arbitrator after a later court decision decision which showed that the law applied by the arbitrator was wrong. The arbitrator’s award was on the basis that a new lease should contain a rent review, but the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Arbitration

Updated: 07 December 2022; Ref: scu.180568

Regina v Keys: CACD 1984

Citations:

[1986] 84 Cr App R 204

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Najeeb and similar CACD 30-Jan-2003
The defendants appealed sentences after conviction for their involvement in riots in Bradford.
Held: The riots had been extensive over time, causing many serious injuries, and many millions of pounds of damage. All riots affect their . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 07 December 2022; Ref: scu.179893

Ash v Abdy: 1678

Lord Nottingham took judicial notice of his own experience when introducing a Bill in the House of Lords.

Judges:

Lord Nottingham

Citations:

(1678) 3 Swans 664

Jurisdiction:

England and Wales

Cited by:

Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 07 December 2022; Ref: scu.180556

Cowling v Higginson: 1838

A right of way may be for one purpose to the exclusion of other purposes. It is a question of fact on the evidence whether a right of way is for a limited purpose or purposes or is a general right for all purposes.

Citations:

(1838) 4 M and W 245

Jurisdiction:

England and Wales

Cited by:

Cited – Richard Jonathan Brett Guise v John Drew ChD 8-Jun-2001
A right of way had been acquired by prescription, but its extent was disputed. It had been used for mainly residential purposes, but then to a greater extent for a different business use.
Held: A right of way may be for one purpose, to the . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 07 December 2022; Ref: scu.181196

Shiells v Blackburne: 1789

A merchant agreed without taking any reward to enter a parcel of goods of another, along with his own at the Customs House for export. He negligently entered the goods under the wrong denomination, and both parcels were seized.
Held: The plaintiff’s action failed. Nevertheless, ‘. . . Where a bailee undertakes to perform a gratuitous act, from which the bailor alone is to receive benefit, there the bailee is only liable for gross negligence; but if a man gratuitously undertakes to do a thing to the best of his skill, where his situation or profession is such as to imply skill, an omission of that skill is imputable to him as gross negligence. If in this case a ship-broker or a clerk in the Custom-House, had undertaken to enter the goods, a wromh entry would in them be gross negligence, because their situation and employment necessarilty imply a competent degree of knowledge in making such entries.’ (Lord Loughborough) ‘. . . The surgeon would also be liable for such negligence, if he undertook gratis to attend a sick person, because his situation implies skill in surgery; but if the patient applies to a man of a different employment or occupation for his gratuitous assistance, who either does not exert all his skill, or administers remedies to the best of his ability, such a person is not liable.’ (Heath L)

Judges:

Lord Loughborough, Heath L

Citations:

(1789) 1 HB1 158, 126 ER 94

Jurisdiction:

England and Wales

Cited by:

Cited – Mutual Life And Citizens’ Assurance Co Ltd And Another v Evatt PC 16-Nov-1971
The plaintiff had been an investor with the defendant. He asked them about an associated company. He was given advice which was incorrect. He claimed damages for negligence.
Held: The company was not itself in the business of giving such . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 07 December 2022; Ref: scu.181267

Fish v Kelly: 1864

Mere casual observations are not to be used to found a duty of care.

Citations:

(1864) 17 CBNS 194, 144 ER 78, 42 Digest 108

Jurisdiction:

England and Wales

Cited by:

Cited – Mutual Life And Citizens’ Assurance Co Ltd And Another v Evatt PC 16-Nov-1971
The plaintiff had been an investor with the defendant. He asked them about an associated company. He was given advice which was incorrect. He claimed damages for negligence.
Held: The company was not itself in the business of giving such . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 07 December 2022; Ref: scu.181264

Cann v Willson: 1888

Liability of surveyor

Citations:

(1888) 39 ChD 39, 57 LJ Ch 1034, 59 LT 723, 35 Digest 33

Jurisdiction:

England and Wales

Cited by:

Cited – Mutual Life And Citizens’ Assurance Co Ltd And Another v Evatt PC 16-Nov-1971
The plaintiff had been an investor with the defendant. He asked them about an associated company. He was given advice which was incorrect. He claimed damages for negligence.
Held: The company was not itself in the business of giving such . .
Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963
Banker’s Liability for Negligent Reference
The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 07 December 2022; Ref: scu.181265

Allen and Hanburys Ltd v Generics (UK) Ltd: 1986

A licence: ‘passes no proprietary interest in anything; it only makes an action lawful which would otherwise have been unlawful.’

Judges:

Lord Diplock

Citations:

[1988] 2 All ER 454, [1986] RPC 203

Jurisdiction:

England and Wales

Cited by:

Cited – In Re Smith Kline and French Laboratories Ltd HL 9-Feb-1989
The plaintiffs had applied for a product licence for a patented drug. To support its application, it supplied the authority with confidential information which the authority now sought to make use of the confidential information when considering . .
Cited – Douglas and others v Hello! Ltd and others (No 3) CA 18-May-2005
The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint . .
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 07 December 2022; Ref: scu.180541

In re Clay; Clay and Booth: CA 1919

A plaintiff is not entitled to a declaration of non-liability where the defendant has neither asserted a contrary right nor made nor formulated an adverse claim. It is oppressive and unjust to subject a defendant to legal proceedings where he has given no reason to believe that he will assert a claim which is sufficiently formulated to be adjudicated upon: there has to be more than a belief on the part of the claimant that the defendant will probably make a claim in the future.

Citations:

[1919] 1 Ch 66

Jurisdiction:

England and Wales

Cited by:

Cited – L’Oreal (UK) Limited and Another v Johnson and Johnson and Another ChD 7-Mar-2000
The claimant appealed against an order striking out their threat action for trade mark infringement, in respect of the words ‘No Tears’ when used for children’s shampoo.
Held: The court had to consider both the letter and the surrounding . .
Cited – Point Solutions Ltd v Focus Business Solutions Ltd and Another ChD 16-Dec-2005
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 07 December 2022; Ref: scu.180660

Patten v Burke Publishing Ltd: ChD 1991

The publisher to whom the plaintiff author had sold the rights to his book became insolvent. He sought a declaration that it would be in breach of the contract.
Held: The guiding principle which determines how the discretion is to be exercised whether to grant declarations is that the Court must do what is necessary to achieve justice. If a contract had been repudiated, and was no longer in effect, a declaration would be the way to achieve fullest justice by making it clear to the plaintiff that he was free of the contract.

Judges:

Millet J

Citations:

[1991] 1 WLR 527

Jurisdiction:

England and Wales

Cited by:

Cited – Financial Services Authority v Rourke ChD 19-Oct-2001
The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being authorised, and had made prohibited statements to attract such deposits. Could a civil court make such a finding . .
Cited – L’Oreal (UK) Limited and Another v Johnson and Johnson and Another ChD 7-Mar-2000
The claimant appealed against an order striking out their threat action for trade mark infringement, in respect of the words ‘No Tears’ when used for children’s shampoo.
Held: The court had to consider both the letter and the surrounding . .
Cited – Point Solutions Ltd v Focus Business Solutions Ltd and Another ChD 16-Dec-2005
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Contract, Litigation Practice

Updated: 07 December 2022; Ref: scu.180658

Taylor v Popham: 1782

PT, in his lifetime granted two annuities to his son and there being subsisting accounts between them by his will he gave him an annuity of andpound;600 on condition that he should within three months execute a release of all demands on his estate. The release tendered including the two annuities granted during his life, PT the son did not forfeit his annuity of andpound;600 by refusing to execute it, but a release settled by the master omitting those annuities being tendered and refused.
Held: He had forfeited the annuity under the will.

Citations:

(1782) 1 Bro CC 168, 28 ER 1059 LC

Jurisdiction:

England and Wales

Cited by:

Cited – Hayward v Jackson ChD 18-Feb-2003
The claimant had been given an option in the will to purchase land from the estate, but the price was not fixed before it expired. The executors asserted that the option had lapsed.
Held: In this case there was no explicit gift over in the . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 07 December 2022; Ref: scu.179722

Burgess v Burgess: CA 11 Nov 1996

Citations:

[1996] 2 FLR 34, [1996] EWCA Civ 920

Jurisdiction:

England and Wales

Cited by:

Cited – Brawley v Marczynski and Another CA 21-Oct-2002
The defendants appealed an award of costs on an indemnity basis against them in the favour of a legally aided claimant.
Held: Indemnity costs were often intended to indicate disapproval of a party’s behaviour in an action, and were awarded in . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 07 December 2022; Ref: scu.140787