Stumore v Campbell: 1892

Citations:

[1892] 1 QB 314

Jurisdiction:

England and Wales

Cited by:

Cited – Withers Llp v Rybak and Others ChD 9-May-2011
The claimant solicitors sought a declaration as to whether they had a right to assert a solicitor’s common law lien over sums in its client account. The defendant clients had asserted a security interest in the money and had assigned that interest, . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 06 December 2022; Ref: scu.439585

Harris v Northamptonshire County Council: 1897

At common law a highway authority is under a duty to remove obstructions from a highway.

Citations:

(1897) 61 JP 599

Jurisdiction:

England and Wales

Cited by:

Cited – Ali v The City of Bradford Metropolitan District Council CA 17-Nov-2010
The claimant appealed against rejection of her claim for damages after slipping on a footpath maintainable by the defendant after an accumulation of mud and debris. The claim appeared to be the first under section 130, and the highway authority . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 06 December 2022; Ref: scu.426030

British Sky Broadcasting Group (Common Customs Tariff): ECJ 14 Apr 2011

ECJ Common Customs Tariff – Tariff classification – Combined Nomenclature – Digital satellite television receivers and decoders with a recording function – Community Customs Code – Article 12(5)(a)(i) and (6) – Period of validity of a binding tariff information.

Citations:

C-288/09, [2011] EUECJ C-288/09

Links:

Bailii

Jurisdiction:

European

Customs and Excise

Updated: 06 December 2022; Ref: scu.433377

PR (Sri Lanka) and Others v Secretary of State for The Home Department: CA 11 Aug 2011

The claimants renewed their applications for leave to appeal against decisions of the Upper Tribunal Immigration and Asylum Chamber – possible test cases on the application of the ‘second-tier appeals test’ – refused

Judges:

Lord Neuberger MR, Sir Anthony May P, Carnwath LJ

Citations:

[2012] 1 WLR 73, [2011] EWCA Civ 988, [2011] Imm AR 904, [2011] CP Rep 47, [2012] INLR 92

Links:

Bailii

Statutes:

Tribunals Courts and Enforcement Act 2007

Jurisdiction:

England and Wales

Immigration

Updated: 06 December 2022; Ref: scu.442717

Energy Glow (Trade Mark: Opposition): IPO 22 Oct 2007

The opposition was based on a CTM of ‘ENERGY COSMETICS’, registered in respect of identical goods. The Hearing Officer found the marks to be similar and a likelihood of confusion. The opposition succeeded accordingly

Judges:

Mr D Landau

Citations:

[2007] UKIntelP o30907

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 06 December 2022; Ref: scu.456817

HM Revenue and Customs v Begum and Others: ChD 15 Jul 2010

The Commissioners claim was founded in an alleged conspiracy from a ‘missing trader intra-community fraud’ amounting to andpound;96 million.
Held: Section 423 had extra territorial effect.

Judges:

David Richards J

Citations:

[2010] EWHC 1799 (Ch), [2011] BPIR 59

Links:

Bailii

Statutes:

Insolvency Act 1986 423

Jurisdiction:

England and Wales

Citing:

Cited – Regalway Care Ltd v Shillingford and others ChD 25-Feb-2005
Applications to vary freezing order. Blackburne J set out a description of the workings of missing trader intra-community VAT carousel frauds. . .

Cited by:

Cited – Bilta (UK) Ltd and Others v Nazir and Others ChD 30-Jul-2012
The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, VAT, Insolvency, Jurisdiction

Updated: 06 December 2022; Ref: scu.420810

In Re Papillon (deceased): ChD 2006

Mr Guy Newey QC considered the presumption of due execution when propounding a will: ‘The burden of proving due execution, whether by presumption or by positive evidence, rests on the person setting up the will . . In certain circumstances, however, the maxim omnia praesumuntur rite esse acta will apply and due execution will be presumed.’

Judges:

Mr Guy Newey QC

Citations:

[2006] EWHC 3419 (Ch), [2006] All ER (D) 297

Jurisdiction:

England and Wales

Cited by:

Cited – Lim v Thompson ChD 14-Oct-2009
The claimant sought revocation of letters of administration granted to the defendant, asserting the existence of a valid will. The defendant said that the will was not validly executed. Only a copy had been found, and one with only one witness. One . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 06 December 2022; Ref: scu.421599

Brain v Ingledew Brown Bennison and Garrett (A Firm) (No 3): ChD 1997

The meaning of an alleged threat is to be decided in accordance with the understanding of an ordinary recipient in the position of the applicant, reading the letter in the normal course of business. Laddie J said: ‘the meaning and impact of the letters in issue has to be decided in accordance with how they would be understood by an ordinary reader . . What is particularly important is the initial impression which the letters would have on a reasonable addressee. During court proceedings, it is inevitable that the lawyers, parties and judge will read and re-read the offending passages with ever closer attention. Such meticulous analysis is not what would happen in the real world and the court must guard against being led down a path of forensic analysis to a meaning which is narrower or broader than would occur to the ordinary recipient reading the letter . . in the normal course of business’

Judges:

Laddie J

Citations:

[1997] FSR 51

Jurisdiction:

England and Wales

Citing:

See Also – Brain v Ingledew Brown Benson and Garrett and Another ChD 18-Apr-1995
A threats of an infringement claim regarding acts of the addressee between the Patent application being filed and the grant of the patent are actionable under the threat action procedure. . .
See Also – Brain v Ingledew Brown Benson and Garrett and Another CA 1996
The defendant firm of solicitors had acted for a Danish Research Institute. They wrote to several parties regarding a patent. B initiated a threat action. IBB appealed against an order striking out their defence, saying that the issue of whether . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 06 December 2022; Ref: scu.420495

Lock International plc v Beswick: ChD 1989

Where the claimant seeks to prevent a former employee using some but not all information obtained during his employment, the employer must be specific as to the range of what is to be protected.
Hoffmann J said: ‘Some employers seem to regard competition from former employees as presumptive evidence of dishonesty. Many have great difficulty in understanding the distinction between genuine trade secrets and skill and knowledge which the employee may take away with him. In cases in which the plaintiff alleges misuse of trade secrets or confidential information concerning a manufacturing process, a lack of particularity about the precise nature of the trade secrets is usually a symptom of an attempt to prevent the employee from making legitimate use of the knowledge and skills gained in the plaintiff’s service. That symptom is particularly evident in this case. Judges dealing with ex parte applications are usually also at a disadvantage in dealing with alleged confidential knowledge of technical processes described in technical language, such as the electric circuitry in this case. It may look like magic but turn out merely to embody a principle discovered by Faraday or Ampere.’ and
‘The employee may not, after leaving his employment, make use of, in the words of Neil LJ [in Faccenda Chicken Ltd v Fowler [1987] 1 Ch 117 at 136]: ‘secret processes of manufacture such as chemical formulae . . or designs or special methods of construction . . and other information which is of a sufficiently high degree of confidentiality as to amount to a trade secret.’ On the other hand, there will be a good deal of other information which an employee could not without breach of duty disclose while he was employed but which he is free to use as part of his own skill and knowledge after his employment has ceased. It is therefore of the essence of a claim against an employee for misuse of confidential information that the employer should be able to identify with particularity the trade secret or similar confidential information to which he lays claim. The terms of any injunction must also be capable of being framed in sufficient detail to enable the defendant to know exactly what information he is not free to use on behalf of his new employer.’
In the context of any application to vary or discharge a search order it is permissible for the Court to refer to the fruits of the search: ‘I agree that in deciding whether the defendants have suffered injustice as a result of the order, I should not ignore evidence which the order itself has brought to light.’ and
‘Even in cases in which the plaintiff has strong evidence that an employee has taken what is undoubtedly specific confidential information, such as a list of customers, the court must employ a graduated response. To borrow a useful concept from the jurisprudence of the European Community, there must be proportionality between the perceived threat to the plaintiff’s rights and the remedy granted. The fact that there is overwhelming evidence that the defendant has behaved wrongfully in his commercial relationships does not necessarily justify an Anton Piller order. People whose commercial morality allows them to take a list of customers with whom they were in contact when employed will not necessarily disobey an order of the court requiring them to deliver it up. Not everyone who is misusing confidential information will destroy documents in the face of a court order requiring him to preserve them.’

Judges:

Hoffmann J

Citations:

[1989] 1 WLR 1268, (1989) 16 IPR 497, [1989] 3 All ER 373

Jurisdiction:

England and Wales

Cited by:

Cited – Tchenguiz and Others v Imerman CA 29-Jul-2010
Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order . .
Cited – Caterpillar Logistics Services (UK) Ltd v Huesca De Crean QBD 2-Dec-2011
The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Employment

Updated: 06 December 2022; Ref: scu.421365

HMRC v Portsmouth City Football Club Ltd and Others: ChD 5 Aug 2010

The Revenue sought the defendant’s liquidation, challenging the sum fixed to be due by the chairman of the meeting and the football rules which gave preference to football debts over those of others. The dispute was as to treament of receipts for players’ image and associated rights. They were paid into discretionary trust funds, and payment of NIC and PAYE only being said to fall due on allocation of the benefit to the player. HMRC claimed 14 million pounds in this respect. Football creditors, who would in any event be paid in full were also given full voting rights in the administration.
Held: HMRC’s claims failed.

Judges:

Mann J

Citations:

[2011] BCC 149, [2010] BPIR 1123, [2010] EWHC 2013 (Ch)

Links:

Bailii

Statutes:

Insolvency Act 1986 6, Insolvency Rules 1986 1.17

Jurisdiction:

England and Wales

Insolvency

Updated: 06 December 2022; Ref: scu.421494

Progressive Mailing House Pty Ltd v Tabali Pty Ltd: 12 Mar 1985

Austlii (High Court of Australia) Landlord and Tenant – Torrens system land – Unregistered lease – Effect – Covenant to pay rent – Breach – Re-entry – Right of landlord to damages for loss of benefit of covenant – Fundamental breach – Repudiation.

Judges:

Mason, Wilson, Brennan, Dean and Dawson JJ

Citations:

(1985) 59 ALJR 373, (1985) 57 ALR 609, (1985) 157 CLR 17, [1985] HCA 14

Links:

Austlii

Jurisdiction:

Australia

Cited by:

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

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.396616

Tall-Bennett and Co Pty Ltd v Sadot Holdings Pty Ltd: 1988

(Supreme Court of New South Wales) The tenant abandoned the premises. When the landlord sought recovery of the subsequent rents, the tenant argued that he had a duty to mitigate his losses.
Held: The tenant failed. If the tenant wants to go out of possession and be relieved of the economic burden of the rent he can try to underlet or find an assignee. It was not unreasonable in a landlord to insist on maintaining his position as a result of the grant of the lease, and being reluctant to assume the trouble of finding a new tenant and then suing the original tenant for damages, and leaving it to the tenant to find an assignee or sub-tenant.

Judges:

Young J

Citations:

(1988) 4 BPR 9522

Jurisdiction:

Australia

Cited by:

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

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.396618

Regina v Spura: 3 Jan 1988

The court considered the test for ordering deportation of an EU National after completion of his sentence of imprisonment, applying Bouchereau and Nazari: ‘. . in the case of Escauriaza . . the Court . . concluded, accepting a submission from an amicus experienced in these matters, that EEC law simply mirrored the law and practice of the United Kingdom. On that basis, one goes back to the test originally laid down in Nazari . . where the test was said to be ‘does the potential detriment to this country justify the recommendation for deportation of this Appellant?…The overall test, as distilled by the European Court in Bouchereau is whether [a full enquiry into the circumstances] reveals that a genuine and sufficiently serious threat to the requirements of public policy has affected the fundamental interests of society.’

Citations:

(1988) 10 Crim App R (S) 376

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Nazari CACD 1980
The CACD heard several appeals together, giving guidance as to the general principles to be applied in deciding on recommendations for deportation under the Act. Lawton LJ said that ‘no court should make an order recommending deportation without . .
Cited – Regina v Escauriaza CACD 2-Jan-1988
For all practical purposes the tests for deportation of an EU national after completion of a sentence of imprisonment are the same in Nazari and Bouchereau: ‘Thus under EEC Law a valid recommendation for deportation can only be made if at least two . .
Cited – Regina v Pierre Bouchereau ECJ 27-Oct-1977
ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference . .

Cited by:

Cited – Regina v Kluxen CACD 14-May-2010
The court considered the occasions on which a court should recommend deportation after completion of a prison sentence and how this might differ between EU and non-EU nationals.
Held: Since the 2007 it is not appropriate to recommend . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Immigration

Updated: 06 December 2022; Ref: scu.415080

Johnston v Robertson: 1861

The parties agreed for the pursuer to erect a poor-house, to be completed and the keys were to be delivered by a specified day, under a penalty of andpound;5 per week of delay in completing it.
Held: This was not a penalty but a provision for pactional damages. Since the pursuer’s claim for the price was itself illiquid, there could be no objection to the defender seeking to establish his countervailing illiquid claim for the appropriate pactional damages in the event that the jury held that the pursuer had not completed the works in time. Depending on the finding of the jury as to whether the work had been done properly, and as to any sum due as liquidated damages for delay, the pursuer’s claim for the price would be reduced or, conceivably, extinguished.
Lord Justice Clerk Inglis said: ‘Every action on a mutual contract implies that the pursuer either has performed, or is willing to perform, his part of the contract; and it is, therefore, always open to the defender to say that under the contract a right arises also to him to demand performance of the contract before the pursuer can insist in his action.’

Judges:

Lord Justice Clerk Inglis

Citations:

(1861) 23 D 646

Jurisdiction:

Scotland

Cited by:

Cited – Inveresk Plc v Tullis Russell Papermakers Ltd SC 5-May-2010
The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 December 2022; Ref: scu.410710

Practice Note: 2 Jan 1927

Tomlin J set out the appropriate practice on attaching a private schedule to an order made by consent. The schedule records the terms of the settlement agreed between the parties but which terms are not ordered by the court and are not enforceable as a judgment.

Judges:

Tomlin J

Citations:

[1927] WN 290

Jurisdiction:

England and Wales

Citing:

Cited – Dashwood v Dashwood 1-Nov-1927
dashwood_dashwood1927
Tomlin J set out the the practice on making an order such as would keep the proceedings alive only to the extent necessary to enable a party to enforce the terms of the settlement.
Held: A provision in the order which required one party to . .

Cited by:

Cited – Community Care North East (A Partnership) v Durham County Council QBD 29-Apr-2010
The parties had settled their dispute and sealed it in a Tomlin Order. The court now asked as to its power to vary such an order. The order required the defendant to reopen a tendering process, but other tenderers now objected, and the council felt . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 December 2022; Ref: scu.412284

Clos Farming Estates v Easton and Another: 9 Dec 2002

(New South Wales Court of Appeal) A question arose whether a right to enter servient land, to carry out works of viticulture and to harvest the grapes and sell them was a right capable of existing as an easement. The judge at first instance held that there was no easement creating an interest in land. The Court of Appeal agreed holding that not only were the rights claimed novel but that they breached what is fundamental to constituting an easement in two respects. First, the connection between the benefited land and the supposed servient tenement went no further than to render the latter but ‘a convenient incident to the exercise of the right’. As it is put in the headnote ‘The imperatives of the commercialising of the viticulture operation cannot be seen as necessarily supporting a finding that the rights conferred do sufficiently accommodate the dominant tenement’. Secondly, the owners of the servient tenement were left with mere rights of residual recreational activities that are totally subordinated to the overarching rights of Clos Farming Estates. The rights of the servient owner were so attenuated that they no longer met the description of exclusive possession.
Ms McAllister said that in this context ‘accommodation’ firstly required that: ‘there be a natural connection between the dominant and servient tenement. The right must be reasonably necessary for the enjoyment of the dominant tenement and not merely confer an advantage on the owner of that tenement, as would a mere contractual right.’

Judges:

Ms McAllister

Citations:

[2002] NSWCA 389

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Polo Woods Foundation v Shelton-Agar and Another ChD 17-Jun-2009
The court considered whether the claimant had established a profit a prendre against the defendant neighbour’s land in the form of a right of pasturage, acquired either by lost modern grant or by prescription.
Held: The appeal succeeded, but . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 06 December 2022; Ref: scu.408428

Turczak v Turczak: 1970

Following a Polish divorce, there was no power to order maintenance under the 1965 Act because the parties were no longer husband and wife.

Citations:

[1970] P 198

Statutes:

Matrimonial Causes Act 1965

Jurisdiction:

England and Wales

Cited by:

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

Family, International

Updated: 06 December 2022; Ref: scu.406667

DA Botany Bay City Council v Remath Investments: 15 Dec 2000

(Supreme Court of New South Wales – Court of Appeal) A statute provided that ‘A development application shall . . (b) be made in the prescribed form and manner; . . and (d) . . be accompanied by an environmental impact statement in the prescribed form’. The application and the environmental impact statement were both submitted, but not at the same time.
Held: ‘substantial compliance’ with the statutory provisions would be satisfied even where the statement is lodged later than the application itself.

Judges:

Stein JA, Fitzgerald JA

Citations:

(2000) 111 LGERA 446, (2000) 50 NSWLR 312, [2000] NSWCA 364

Links:

Bailii

Jurisdiction:

Australia

Cited by:

Cited – Maroudas v Secretary of State for Environment Food and Rural Affairs CA 18-Mar-2010
The claimant appealed against an order refusing his request to quash a footpath modification order. The request had not been signed as required.
Held: The appeal succeeded. ‘subject to the de minimis principle, an application must strictly . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 06 December 2022; Ref: scu.403372

Loescher v Dean: ChD 1950

The plaintiff sought specific performance, and obtained an order that the defendant vendor should convey the property to him on the payment for it. The plaintiff paid the sum to the defendant’s solicitors, who paid it into their client account. The plaintiff then served a garnishee order nisi on those solicitors for his costs against the defendant. The solicitors, who had not yet rendered a bill of costs to their client, took out a summons for a charging order under s 69 of the 1932 Act, on the sum paid by the plaintiff.
Held: The money was not entrusted to the solicitor for any specific purpose, but was paid in the ordinary course of his business as solicitor of the client. He received it as the client’s agent. On receipt of the money the solicitor had a lien over it for his unpaid costs and therefore a creditor could not attach it.
The obligation of the solicitor under a particular purpose trust to repay his client was distinguished from the obligation of a solicitor who holds a client’s money as trustee in a client account. In the latter case, the solicitor’s obligation to repay such money to his client is not incompatible with the solicitor exercising a right of lien or set off. The solicitor is entitled to say to the client: ‘you have not paid my bill and I shall not pay you your money until you have’

Judges:

Harman J

Citations:

[1950] Ch 491

Statutes:

Solicitors Act 1932 69

Jurisdiction:

England and Wales

Cited by:

Cited – Irwin Mitchell v Revenue and Customs Prosecutions Office and Allad CACD 30-Jul-2008
The solicitors had been paid funds on account of their fees in defending the client. By the time a freezing order was made under the 2002 Act in respect of his assets, the firm’s fees exceeded the amount held. The court was asked what was to happen . .
Cited – Withers Llp v Rybak and Others ChD 9-May-2011
The claimant solicitors sought a declaration as to whether they had a right to assert a solicitor’s common law lien over sums in its client account. The defendant clients had asserted a security interest in the money and had assigned that interest, . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 06 December 2022; Ref: scu.416226

Hunt v Yearwood-Grazette: ChD 7 Apr 2009

The bankrupt wished to discharge his bankruptcy debt, but challenged the trustee’s fees.
Held: The court approved application of the Practice Statement 2004.
Proudman J said: ‘The court’s task is to balance all the various criteria, resolving any conflict between them arising in the particular case, in order to arrive at the proper level of remuneration. In doing so, it is settled law that the court has to reward the value and benefits of the services rendered rather than the cost of rendering such services. Thus, in fixing the remuneration, time spent is less relevant than value provided. I was referred to the judgment of Ferris J in Mirror Group Newspapers plc v Maxwell and Others (No 2) [1998] 1 BCLC 638, [1998] BCC 324 and also Cooper v The Official Receiver [2005] NICh 1. The onus of demonstrating such value or benefit is on the applicant and the court must resolve any element of doubt in favour of the estate.’

Judges:

Proudman J

Citations:

[2009] EWHC B13 (Ch), [2009] BPIR 810

Links:

Bailii

Statutes:

Insolvency Act 1986 375(2), Insolvency Rules 1986 74(2), Practice Statement: The Fixing and Approval of the Remuneration of Appointees (2004)

Jurisdiction:

England and Wales

Cited by:

Cited – Brook v Reed CA 25-Mar-2011
The court was asked ‘What relation should the costs and remuneration bear to the circumstances, and in particular the size, of the bankruptcy?’ The bankrupt had considered that the costs first awarded to the trustee in bankruptcy and the trustee’s . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Costs

Updated: 06 December 2022; Ref: scu.420430

Capper v Chaney and Another: ChD 8 Jul 2010

Police had seized substantial sums of cash from the first defendant acting under the 2004 Act. The claimant said that andpound;250,00 was his and sought its return. The Commissioner argued that the current proceedings were an abuse of process.
Held: Forfeiture proceedings were now under way, and any release must await the result. The question in those proceedings would be whether the cash was derived from unlawful conduct. The issue before this court was ownership. However the claim sought recovery of cash, and the 2002 Act assigned the resolution of disputes about cash alleged to represent the proceeds of crime to the magistrates’ court (and on appeal the Crown Court). The essence of the issues before the magistrates would in fact be the ownership of the cash, and therefore these proceedigs were an attempt to pre-empt the magistrates and were an abuse. The claim was struck out.

Judges:

Lewison J

Citations:

(2010) 174 JP 377, [2010] EWHC 1704 (Ch)

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 Part 5, Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002 1191)

Jurisdiction:

England and Wales

Citing:

Cited – Barraclough v Brown HL 1897
The 1889 Act gave statutory undertakers who had incurred expenditure in removing a sunken vessel a right ‘to recover such expenses from the owner of such vessel in a court of summary jurisdiction.’ the undertakers began their action in the High . .
Applied – Glaxo Group Ltd and Others v Inland Revenue Commissioners ChD 21-Nov-1995
A tax adjustment can be made by the Inland Revenue on an open assessment following transfer pricing enquiry and direction, even after many years. The court considered that the jurisdiction of the special and the general commissioners to determine . .
Cited – Horner v Franklin 1905
. .
Cited – Regina v Derby Magistrates Court Ex Parte B HL 19-Oct-1995
No Breach of Solicitor Client Confidence Allowed
B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Magistrates

Updated: 06 December 2022; Ref: scu.420428

Axa Insurance Ltd v Akther and Darby Solicitors and Others: CA 12 Nov 2009

The court considered the application of the limitation period to answering when damage occurred when it arises under an unsecured contingent liability. The claimant insurance company had provided after the event litigation insurance policies to the solicitors and their clients, relying on assessments of the cases made by the defendants. The court below had held that the taking out by the defendants of the policies was when the damage occurred.
Held: The claimant insurers’ appeal failed. The case law should not be read to put an unsecured creditor in a better position than a secured one. Analysis of Sephton led to the conclusion that: ‘there had to be measurable loss before time began to be run, that is to say, loss which is additional to the incurring of a purely contingent liability. In my judgment, for this purpose, rights of contribution or subrogation must be ignored because those rights arise by operation of law, unless excluded by agreement or statute. If they were taken into account, they would undermine the basic rule which is clearly established in Sephton that a pure contingent liability is not damage.’
A measurable loss arose on breaches of the vetting duties when the policies were issued, because the mis-assessment devalued the policies.

Judges:

Arden, Longmore, Lloyd LJJ

Citations:

[2009] EWCA Civ 1166, Times 15-Dec-2009, 127 Con LR 50, [2009] 2 CLC 793, [2010] PNLR 10, [2010] 1 WLR 1662

Links:

Bailii

Statutes:

Limitation Act 1980

Jurisdiction:

England and Wales

Citing:

Appeal from – Axa Insurance Ltd v Akther and Darby Solicitors and Others ComC 27-Mar-2009
. .
Cited – Wardley Australia Ltd v Western Australia 1992
(High Court of Australia) A claim was based on a statutory trade indemnity scheme. The insurers claimed damages from Wardley, on the basis that its alleged deceit induced them to grant an indemnity, which was subsequently called on.
Held: . .
Cited – DW Moore and Co Ltd v Ferrier CA 1988
A solicitor was instructed to prepare an agreement providing for the introduction of a new working director into an insurance broking business carried on by a company. His instructions called for the new director to enter into a restrictive covenant . .
Cited – Shore v Sedgwick Financial Services Ltd CA 23-Jul-2008
The claimant said that the defendant had given him negligent advice on pensions, failing to say that he should stay within his occupational scheme. The defendant pleaded limitation.
Held: The claimant suffered damage when he made the transfer . .
Cited – Watkins and Another v Jones Maidment Wilson (A Firm) CA 4-Mar-2008
The claimants alleged professional negligence by the defendant solicitors in advising them to agree to a postponment of a completion. The defendants raised as a preliminary issue the question of limitation. The claimant said that the limitation . .
Cited – Law Society v Sephton and Co (a Firm) and Others HL 10-May-2006
A firm of solicitors had a member involved in a substantial fraud. The defendant firm of accountants certified the firm’s accounts. There were later many calls upon the compensation fund operated by the claimants, who sought recovery in turn from . .
Cited – Bell v Peter Browne and Co CA 1990
Mr Bell asked his solicitors to transfer the matrimonial home into his wife’s sole name. He was to receive a one-sixth interest of the gross proceeds on a sale. His interests were to be protected by a trust deed or mortgage. The solicitor drafted . .
Cited – First National Comercial Bank plc v Humberts CA 27-Jan-1995
The plaintiff loaned money on the basis of a negligent survey by the defendant. The borrower subsequently defaulted, and the lender issued a writ. The defendant said that the claim was time barred.
Held: The court allowed the plaintiff’s . .
Lists of cited by and citing cases may be incomplete.

Limitation, Insurance, Professional Negligence

Updated: 06 December 2022; Ref: scu.377883

MMI Research v Cellxion: CA 16 Oct 2009

Application for leave to appeal against finding that patent valid. The defendants had received anonymously new evidence suggesting theexistence of prior art.
Held: The matter was to be remitted to the judge to deal with the new issues and none other.

Judges:

Jacob LJ, Kitchin J

Citations:

[2009] EWCA Civ 1120

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – MMI Research Ltd v Cellxion Ltd and others PatC 22-Aug-2007
Application for unless order as regards defendant’s failure to serve defence. . .
Appeal from – MMI Research Ltd. v Cellxion Ltd and Others PatC 31-Jul-2009
. .
See Also – MMI Research Ltd v Cellxion Ltd and others PatC 11-Mar-2009
. .

Cited by:

Remitted from – MMI Research Ltd v Cellxion Ltd and Others PatC 7-Mar-2011
The court had decided in favour of the claimant patent holders that the patent was valid and had been infringed. The defendants, with the consent of the Court of Appeal now asked the court to reconsider its decision so far as it was affected by new . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 06 December 2022; Ref: scu.377532

Diggins v Condor Marine Crewing Services Ltd: CA 13 Oct 2009

The court was asked whether a seaman, who was employed on a ship but not one registered in a port in Great Britain, can in any circumstances bring a claim for unfair dismissal, and if so, whether he was entitled to do so in the particular circumstances in this case.

Citations:

[2009] EWCA Civ 1133, [2010] IRLR 119, [2010] ICR 213

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 06 December 2022; Ref: scu.377531

Lehman Brothers International (Europe), Re Insolvency Act 1986: CA 6 Nov 2009

The insolvent company held assets for its clients. The liquidators proposed a scheme of arrangement which would allow them protection.
Held: The 2006 Act was to allow arrangements between a company and its creditors. The company’s former clients with proprietary interests which were held in trust for them by the company were not creditors. The court had no jurisdiction to sanction a scheme of arrangement which included those proprietary interests.

Judges:

Lord Neuberger of Abbotsbury, Master of the Rolls, Lord Justice Longmore and Lord Justice Patten

Citations:

Times 12-Nov-2009, [2009] EWCA Civ 1161

Links:

Bailii

Statutes:

Insolvency Act 1986, Companies Act 2006

Jurisdiction:

England and Wales

Citing:

Appeal from – Lehman Brothers International (Europe) (No 2), Re ChD 21-Aug-2009
Parties said that assets of the insolvent company were held by it in trust for them.
Held: The court had no jurisdiction to sanction a scheme of arrangement proposed by the administrators between the company and former clients who had . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Company

Updated: 06 December 2022; Ref: scu.377778

Schiffahrtsgesellschaft MS Merkur Sky MbH and Co KG v MS Leerort NTH Schiffahrts GmbH and Co KG: CA 27 Jun 2001

Collision in harbour – limitation of liability under the 199 Act

Judges:

Lord Phillips MR, Henry LJ, Brooke LJ

Citations:

[2001] EWCA Civ 1055, [2001] 2 Lloyd’s Rep 291, [2001] 2 LLR 291

Links:

Bailii

Statutes:

Merchant Shipping Act 1995

Jurisdiction:

England and Wales

Transport

Updated: 06 December 2022; Ref: scu.375987

Re S (A Child): CA 30 Jul 2009

Appeals from a decision that the child of the family with whom she was concerned was habitually resident in this jurisdiction at the time, namely end of September 2007, when the father removed the child from London to his home in Belgium without the mother’s consent and at a time when he was able to gain possession of the child.

Citations:

[2009] EWCA Civ 1021, [2010] 1 FLR 1146, [2010] Fam Law 23

Links:

Bailii

Jurisdiction:

England and Wales

Children

Updated: 06 December 2022; Ref: scu.375980

AC Ward and Son Ltd v Catlin (Five) Ltd and Others: ComC 3 Dec 2009

Citations:

[2009] EWHC 3122 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – AC Ward and Son v Catlin (Five) Ltd and Others CA 10-Sep-2009
The defendant insurers appealed against refusal of summary judgment in its favour in defending a claim under a policy. The claimants premises had been burgled. The insurer said that the claimant had failed to respect warranties given by it as to . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 06 December 2022; Ref: scu.381742

Yankov And Manchev v Bulgaria: ECHR 22 Oct 2009

Judges:

Peer Lorenzen, P

Citations:

27207/04, [2009] ECHR 1608

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

Cited – O’Neill v Her Majesty’s Advocate No 2 SC 13-Jun-2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 06 December 2022; Ref: scu.376338

Hunt v AB: CA 22 Oct 2009

The claimant sought damages from a woman in malicious prosecution, saying that she had made a false allegation of rape against him. He had served two years in prison.
Held: The claim failed. A complainant is not a prosecutor, and is not liable for the decision to prosecute. To become liable it has to be shown that the complainant had deliberately manipulated the prosecutors into a position which they would otherwise not have taken. In this case it was the police who had approached the defendant to encourage a complaint.
Moore-Bick LJ said: ‘In Martin v Watson Lord Keith, having approved the statement of principle in Clerk and Lindsell to which I have referred, identified at page 80E of the report the question at issue as being ‘whether or not the defendant is properly to be regarded, in all the circumstances, as having set the law in motion against the plaintiff.’ In my view, it is essential for a correct understanding of later passages in his Lordship’s speech to keep that question well in mind . . I think it is clear from Lord Keith’s speech and from the authorities to which he referred that the concept of ‘setting the law in motion’ requires something more than merely making a complaint or report which suggests that an offence has been committed; it also involves active steps of some kind to ensure that a prosecution ensues (what Richardson J in Commercial Union Assurance Co of New Zealand Ltd v Lamont [1989] 3 NZLR 187 at page 199 described as ‘procuring the use of the power of the state’). Invoking the power of the state against the claimant is central to the tort of malicious prosecution and requires a positive desire and intention to procure a prosecution. In effect, it must be the defendant’s purpose to bring about a prosecution and that purpose must be translated into actions which are effective in bringing about proceedings. . . ‘

Judges:

Sedley LJ, Wall LJ, Moore-Bick LJ

Citations:

[2009] EWCA Civ 1092, Times 27-Oct-2009

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Danby v Beardsley 1880
The court heard a claim of malicious prosecution.
Held: A person who is not a party to a prosecution but actively puts the criminal process in motion may be liable for malicious prosecution.
Where an individual falsely and maliciously . .
Cited – Martin v Watson CA 26-Jan-1994
The claimant sought damages for malicious prosecution, saying that the defendant had made a complaint to the police knowing it to be false that the claimant had indecently exposed himself. Acting on the complaint the police had arrested and charged . .
Cited – Mahon, Kent v Dr Rahn, Biedermann, Haab-Biedermann, Rahn, and Bodmer (a Partnership) (No 2) CA 8-Jun-2000
The defendant’s lawyers wrote to a financial services regulatory body investigating the possible fraudulent conduct of the plaintiff’s stockbroking firm. The letter was passed to the Serious Fraud Office who later brought criminal proceedings . .
Cited – Martin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .

Cited by:

Cited – Commissioner of Police of The Metropolis v Copeland CA 22-Jul-2014
The defendant appealed against the award of damages for assault, false imprisonment and malicious prosection, saying that the question posed for the jury were misdirections, and that the jury’s decision was perverse. The claimant was attending the . .
Cited – CXZ v ZXC QBD 26-Jun-2020
Malicious Prosecution needs court involvement
W had made false allegations against her husband of child sex abuse to police. He sued in malicious prosecution. She applied to strike out, and he replied saying that as a developing area of law a strike out was inappropriate.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Police

Updated: 06 December 2022; Ref: scu.377234

Allen, Regina (On the Application of) v Coroner for Inner North London: CA 25 Jun 2009

Judges:

Dyson LJ

Citations:

[2009] EWCA Civ 623, [2009] LS Law Medical 430

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Lewis, Regina (on The Application of) v HM Coroner for The Mid and North Division of The County of Shropshire and Another CA 21-Dec-2009
The claimant’s son was found hanging in his prison cell. He appealed refusal of a judicial review of the coroner’s decision not to put to the jury a question as to certain possible causative matters. The youth was seen hanging, but the guard called . .
Lists of cited by and citing cases may be incomplete.

Coroners

Updated: 06 December 2022; Ref: scu.347195

MA (Pakistan) v Secretary of State for the Home Department: CA 27 Jul 2009

The claimant appealed against refusal of leave to enter and cancelling his leave to remain. He had made his claim on human rights grounds, saying that the refusal would split him from his wife. He had been told that he would have to renew his application from abroad.
Held: Where a case was properly founded on Article 8 grounds, it was not only cases involving children where proper consideration was to be give to allowing an appeal to go ahead in this country and without having to apply from abroad, and Chikwamba should not be read to create such a restriction.

Judges:

Jacob LJ, Sullivan LJ, Patten LJ

Citations:

[2009] EWCA Civ 953, Times 05-Oct-2009

Links:

Bailii

Statutes:

European Convention of Human Rights 8

Jurisdiction:

England and Wales

Citing:

Cited – Chikwamba v Secretary of State for the Home Department HL 25-Jun-2008
The appellant had fled Zimbabwe. Though her asylum application was refused, she was not returned for the temporary suspension of such orders to Zimbabwe. In the meantime she married and had a child. She now appealed an order for her removal citing . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 06 December 2022; Ref: scu.375161

MMI Research Ltd. v Cellxion Ltd and Others: PatC 31 Jul 2009

Citations:

[2009] EWHC 1938 (Pat)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – MMI Research Ltd v Cellxion Ltd and others PatC 22-Aug-2007
Application for unless order as regards defendant’s failure to serve defence. . .
See Also – MMI Research Ltd v Cellxion Ltd and others PatC 11-Mar-2009
. .

Cited by:

Appeal from – MMI Research v Cellxion CA 16-Oct-2009
Application for leave to appeal against finding that patent valid. The defendants had received anonymously new evidence suggesting theexistence of prior art.
Held: The matter was to be remitted to the judge to deal with the new issues and none . .
First hearing – MMI Research Ltd v Cellxion Ltd and Others PatC 7-Mar-2011
The court had decided in favour of the claimant patent holders that the patent was valid and had been infringed. The defendants, with the consent of the Court of Appeal now asked the court to reconsider its decision so far as it was affected by new . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 06 December 2022; Ref: scu.368656

Progress Property Company Ltd v Moorgarth Group Ltd: CA 26 Jun 2009

What are the circumstances in which a sale of assets at an undervalue by a company to, or at the behest of, a shareholder in the company should be held ultra vires on the ground that, in substance, the sale is an unlawful distribution in disguise?

Judges:

Mummery, Toulson and Elias LJJ

Citations:

[2009] EWCA Civ 629, [2010] 1 BCLC 1, [2009] BPIR 1121, [2009] Bus LR 1535

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Progress Property Company Ltd v Moorgarth Group Ltd SC 8-Dec-2010
The appellants appealed against rejection of their claim that there had been an unlawful distribution of capital when the appellant had sold the share capital of a subsidary at an undervalue to the respondent purchaser. The valuation had . .
Lists of cited by and citing cases may be incomplete.

Company

Updated: 06 December 2022; Ref: scu.347221

Equity Solicitors v Javid: CA 20 Mar 2009

Appeal from wasted costs order.
Held: ‘Mr Sattar was not in any way negligent in this matter and did not in any way fall below the standards of a competent solicitor. Rather, he acted as a good Samaritan and did all he could to help this vulnerable lady whilst making perfectly plain to her, to Cottams and to the court that he could not do more. It was not justifiable to make any order for wasted costs against his firm and, indeed, he should be thanked, and I now personally thank him, for his generous and public-spirited services. I, for my part, would allow this appeal and set aside that sentence of the order made on 16 September 2008 which orders Equity Solicitors to pay wasted costs in the sum of pounds 981.13.’

Judges:

Wilson L, Holman J

Citations:

[2009] EWCA Civ 535, [2009] 2 FLR 1011, [2009] Fam Law 806, [2010] 1 FCR 60

Links:

Bailii

Jurisdiction:

England and Wales

Family, Costs

Updated: 06 December 2022; Ref: scu.347111

Star Energy UK Onshore Ltd and Another v Bocardo Sa: CA 15 Jun 2009

The appellant had taken out a licence to drill for oil on its land. To maximise its return it drilled at a deep level out under the claimant’s land. It now appealed against a finding that this was a trespass, and that it should pay damages on a licence basis.
Held: The drilling was a trespass for which damages would be payable. However there was no damage to the claimant’s land, and the damages were reduced to a nominal andpound;1000.
Aikens LJ said that it was logical to examine the question of whether there was a trespass as at July 2000 when, having taken account of the fact that the limitation period under section 2 of the Limitation Act 1980 for a claim in trespass is six years, the cause of action arose.

Judges:

Jacob, Aikens, Sullivan LJJ

Citations:

[2009] EWCA Civ 579, [2010] Ch 100, [2010] 1 All ER 26, [2009] 25 EG 136, [2009] 2 P and CR 23, [2009] 3 WLR 1010, [2009] NPC 78

Links:

Bailii

Statutes:

Petroleum (Production) Act 1934

Jurisdiction:

England and Wales

Citing:

Appeal from – Bocardo Sa v Star Energy UK Onshore Ltd and Another ChD 24-Jul-2008
The defendant had obtained a licence under the Act to extract oil from beneath its land. To do so, it had to drill at a deep level under the claimant’s land. It did so without the claimant’s permission. The claimant sought damages in trespass.

Cited by:

Appeal from – Star Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Lists of cited by and citing cases may be incomplete.

Land, Damages, Limitation

Updated: 06 December 2022; Ref: scu.346891

Harrods Ltd v Secretary Of State for the Environment and Another: CA 7 Mar 2002

Whether planning permission required for helipad on roof of Harrods – whether the introduction of the helicopter use amounted to development by the making of a material change of use of the Harrods store.
Held: It did.

Citations:

[2002] EWCA Civ 412, [2002] JPL 1258, [2002] 11 EG 154, [2003] 1 PLR 108

Links:

Bailii

Jurisdiction:

England and Wales

Planning

Updated: 06 December 2022; Ref: scu.346813

Lewis v Secretary Of State for Health and Another: QBD 18 Sep 2008

‘whether certain documents relating to deceased patients, including their medical records, should be disclosed to a confidential Inquiry co-sponsored by The Secretary of State for Business, Enterprise and Regulatory Reform and The Secretary of State for Health and, if so, upon what terms.’

Judges:

Mr Justice Foskett

Citations:

[2008] EWHC 2196 (QB), [2008] LS Law Medical 559

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Litigation Practice

Updated: 06 December 2022; Ref: scu.341887

Defence Estates v JL and Another: Admn 5 May 2009

The claimant, which is responsible for managing property belonging to the Ministry of Defence (including residential property), to house members of the Armed Forces and their families, seeks possession of premises in Leeds in which the defendant and members of her family are living, and the claimant also seeks damages for use and occupation.

Citations:

[2009] EWHC 1049 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Armed Forces, Housing, Human Rights

Updated: 06 December 2022; Ref: scu.346707

London Borough of Lambeth v Rogers: CA 29 Oct 1999

The principal point on this appeal is this : in what circumstances is a local authority liable to a former secure tenant, against whom it has obtained, but not enforced, a possession order, for disrepair of the premises in the tolerated occupation of the former tenant ?

Citations:

[1999] EWCA Civ 3035, [2000] 1 EGLR 28, (2000) 32 HLR 361, [2000] 03 EG 127, [2000] L and TR 319, [2000] BLGR 191, [1999] EG 128

Links:

Bailii

Jurisdiction:

England and Wales

Housing, Landlord and Tenant

Updated: 06 December 2022; Ref: scu.346270