P, Regina (On the Application of) v HM Coroner for the District Of Avon: Admn 5 Mar 2009

The deceased was found suspended by a sheet in her prison cell. The jury found accidental death, not being satisfied that she was not issuing a cry for help. The family appealed saying that the jury had not been directed that they could provide a narrative verdict to explain further their conclusions.
Held: The jury had not been misdirected but that, even if there had been a misdirection as claimed, he would not have remitted the matter for a new inquest because, taking into account a report of the Prisons and Probation Ombudsman published shortly before the inquest, the investigative obligation imposed upon the state by Article 2 had been effectively discharged.
Beatson J said: ‘I reject the submission that it was incumbent on the Coroner to direct the jury expressly that a narrative summary should be added to a short form verdict. That essentially would have created a hybrid. The jury had three options open to them. They were ‘enabled’ to express their conclusions on the core facts if they considered that the two short form verdicts did not do so.
I also conclude that it is possible to infer from this verdict that the accident verdict was sufficient to express the jury’s factual conclusions and conclusion that there was insufficient evidence that the 12 acts or omissions contributed to the death in more than a minimal or trivial way.’

Judges:

Beatson J

Citations:

[2009] EWHC 820 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights 2

Jurisdiction:

England and Wales

Cited by:

Appeal from – P, Regina (on The Application of) v HM Coroner for The District of Avon CA 18-Dec-2009
The deceased was found hanging in her prison cell. The jury returned a verdict of accidental death, not being satisfied that she was not merely making a cry for help. The family appealed a finding that the inquest had satisfied the requirement for a . .
Lists of cited by and citing cases may be incomplete.

Coroners, Prisons, Human Rights

Updated: 06 December 2022; Ref: scu.341842

Colney Heath Parish Council v Secretary of State for Communities and Local Government and Others: Admn 22 Apr 2009

The Council challenged the grant of planning permission after a public enquiry for a mobile home and touring caravan site for gypsy families. They said that the inspector had not taken account of their objections to its effect on the flood plain and other accommodation.
Held: An analysis of the effect of flooding on neighbouring land had not been given proper weight by the inspector. Had he done so, the decision might well have been different, and therefore must be quashed.

Citations:

[2009] EWHC 787 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Bolton Metropoitan Borough Council v Secretary of State 1990
. .
Cited – ELS Wholesale (Wolverhampton) Limited v Secretary of State 1987
Planning appeal decision letters are not to be read on the basis that the Inspector is writing an examination paper, and one has to look not at the minutiae but at the real sense and basic content of the decision to which he had come. . .
Lists of cited by and citing cases may be incomplete.

Planning, Environment

Updated: 06 December 2022; Ref: scu.341187

JB (India) and others v Entry Clearance Officer: CA 11 Feb 2009

‘The three appellants are siblings. They appealed against the respondent’s refusal to issue them with entry clearance to settle in the United Kingdom with their mother who is their sponsor. In a determination their appeals were dismissed under the Immigration Rules by Immigration Judge Parker, but allowed on Article 8 grounds.’

Citations:

[2009] EWCA Civ 234

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 06 December 2022; Ref: scu.324646

Bunce, Regina (on the Application of) v Pensions Appeal Tribunal: CA 7 Apr 2009

The claimant renewed his application for leave to appeal against refusal of a judicial review of a decision of the Pensions Appeal Tribunal. He was injured in a motorcycle accident whilst on National Service in 1951. He challenged a decision to reduce his disability pension from 70 to 30 per cent. The appeal tribunal had declined jurisdiction.
Held: The Pensions Appeal Tribunal had acted beyond its powers. The appeal was allowed. In case of an appeal under section 5(1) of the 1943 Act on the issue of assessment only, the tribunal must start upon the basis of the minister’s acceptance that there was a disability within article 41(1) of the 2006 Order. In this case there was no difficulty in differentiating between the assessment of the extent of disability and whether there was a disability in the first place. This was a decision as to extent, and the tribunal should have allowed the claimant to present his appeal.

Judges:

Lord Justice Laws, Lord Justice Wall and Lord Justice Aikens

Citations:

[2009] EWCA Civ 451, Times 15-Apr-2009

Links:

Bailii

Statutes:

Pensions Appeal Tribunals Act 1943 5(1), Naval, Military and Air Forces, Etc (Disablement and Death) Service Pensions Order 2006 (SI 2006 No 606)

Jurisdiction:

England and Wales

Citing:

Appeal From – Bunce, Regina (on the Application of) v Pensions Appeal Tribunal Admn 5-Mar-2008
. .
Applied – Scanlon, Regina (on the Application of) v Pensions Appeal Tribunals and Another Admn 31-Jan-2007
Where there was an appeal under section 5(1) of the 1943 Act on the issue of assessment only, the tribunal must start upon the basis of the minister’s acceptance that there was a disability within article 41(1) of the 2006 Order. . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Armed Forces

Updated: 06 December 2022; Ref: scu.330949

Weaver v London Quadrant Housing Trust: CA 17 Feb 2009

The respondent sought leave to appeal against a finding that as a registered social landlord it was exercising a public function and was a hybrid public authority.
Held: Leave was granted. A protective costs order was made for the respondent to ensure proper representation of both sides before the court.

Citations:

[2009] EWCA Civ 235, [2009] 6 Costs LR 875

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

At First Instance – Weaver, Regina (on the Application of) v London and Quadrant Housing Trust Admn 24-Jun-2008
An assured tenant sought to challenge a possession order made for rent arrears. He said that as a public body the landlord had a duty under human rights law to pursue all posssible alternate solutions before seeking possession.
Held: The . .

Cited by:

Leave to appeal – London and Quadrant Housing Trust v Weaver, Regina; Equality and Human Rights Commission intervening CA 18-Jun-2009
The Trust appealed against a finding that in terminating an assured tenancy transferred to it from a local authority, it had acted as a hybrid public authority and was subject to controls under the 1998 Act.
Held: (Rix LJ dissenting). The . .
Cited – E, Regina (On the Application of) v Governing Body of JFS and Another SC 14-Oct-2009
The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights, Costs

Updated: 06 December 2022; Ref: scu.324676

Partridge Farms Ltd, Regina (On the Application of) v Secretary Of State for Environment, Food and Rural Affairs: CA 1 Apr 2009

Appeal by the Secretary of State from an order declaring that the Cattle Compensation (England) Order 2006 (SI 2006/168) breached the principle of equality in European Community law, because in setting compensation for cattle slaughtered on account of cattle tuberculosis (bovine TB) it did not make proper provision for pedigree cattle of especially high value.

Judges:

Lord Justice Lawrence Collins

Citations:

[2009] EWCA Civ 284, [2009] NPC 58, [2009] Eu LR 816

Links:

Bailii

Statutes:

Cattle Compensation (England) Order 2006

Jurisdiction:

England and Wales

Agriculture, European

Updated: 06 December 2022; Ref: scu.328889

McCalman and Another, Regina (On the Application of) v West Yorkshire Fire and Civil Defence Authority: CA 30 Jun 2000

These appeals raise questions of some general interest to Fire Brigades and those whom they employ, affecting as they do pension and other rights under the statutory pension scheme for firemen

Citations:

[2000] EWCA Civ 3034, [2001] OPLR 85

Links:

Bailii

Jurisdiction:

England and Wales

Financial Services, Employment

Updated: 06 December 2022; Ref: scu.330962

Broxbourne Borough Council, Regina (On the Application of) v North and East Hertfordshire Magistrates’ Court: Admn 3 Apr 2009

The council appealed against refusal of an abatement order in respect of a statutor nuisance by the defendant by artificial light. A veterinary surgeon had erected a light which stayed on all night but which was adjacent to a neighbour’s bedroom. A light of the sort recommended would have cost under a hundred pounds. Some andpound;13,000 had been expended in costs to date.

Judges:

Munby J

Citations:

[2009] EWHC 695 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 79(1)(fb)

Jurisdiction:

England and Wales

Nuisance, Magistrates

Updated: 06 December 2022; Ref: scu.329570

Just Fabulous (UK) Ltd, Regina (On the Application of) v Revenue and Customs: Admn 15 Mar 2007

All three claims arise out of the fact that the Revenue has not paid sums claimed by them as due in their VAT returns: JF claimed repayment of VAT totalling pounds 19.5 million in respect of their VAT returns for March, April and May 2006, relating to their acquisition of mobile phones from four suppliers; Evolution claimed total repayment of VAT of pounds 30.3m in VAT returns in January, February and March 2006, with regard to mobile phone transactions relating to seven suppliers including Blackstar UK Ltd (‘Blackstar’); Brayfal claimed repayment of VAT in the sum of pounds 914,000, in their March 2006 VAT return, again in respect of the acquisition of mobile phones, in their case all from one supplier, Future Communications Ltd

Judges:

Burton J

Citations:

[2007] EWHC 521 (Admin), [2007] BVC 490, [2007] BTC 5522, [2008] STC 2123, [2007] STI 542

Links:

Bailii

Jurisdiction:

England and Wales

VAT

Updated: 06 December 2022; Ref: scu.331105

Saunders, Regina (On the Application of) v Independent Police Complaints Commission and Others: CA 14 Jan 2009

Interlocutory application which raises the question whether the court should permit an appeal to proceed in circumstances in which the appellant and the respondents had reached a settlement on all issues save as to the costs of the appeal so far.

Judges:

Sir Anthony Clarke, MR

Citations:

[2009] EWCA Civ 187

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights

Updated: 06 December 2022; Ref: scu.326976

SN (Pakistan) v Secretary of State for the Home Department: CA 21 Jan 2009

Appeal against a reconsideration concluding that the Immigration Judge at the original appeal had made no error of law in his decision when he rejected the appellant’s asylum and human rights appeals and claim for humanitarian protection, and directed that the Immigration Judge’s determination of the appeal should stand.

Citations:

[2009] EWCA Civ 181

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 06 December 2022; Ref: scu.317973

Z and T v United Kingdom: ECHR 28 Feb 2006

The applicants were Christian Pakistanis. Their asylum claims having failed, they feared that if returned to Pakistan, they would be persecuted, and asked for their article 9 rights, saying that the flagrant denial test should not be applied, as this would fail to respect the primacy of the applicants’ religious rights.
Held: The argument was rejected. Even assuming that article 9 was capable of being engaged in the case of the expulsion of an individual by a Contracting State, the applicants had not shown that they were personally at risk or were members of such a vulnerable or threatened group, or in such a precarious position as Christians, as might disclose a flagrant violation of article 9 of the Convention. However, only very limited assistance was to be found in article 9: ‘Otherwise it would be imposing an obligation on Contracting States effectively to act as indirect guarantors of freedom of worship for the rest of the world. If, for example, a country outside the umbrella of the Convention were to ban a religion but not impose any measure of persecution, prosecution, deprivation of liberty or ill-treatment, the court doubts that the Convention could be interpreted as requiring a Contracting State to provide the adherents of that banned sect with the possibility of pursuing that religion freely and openly on their own territories. While the court would not rule out the possibility that the responsibility of the returning state might in exceptional circumstances be engaged under article 9 of the Convention where the person concerned ran a real risk of flagrant violation of that article in the receiving state, the court shares the view of the House of Lords in the Ullah case that it would be difficult to visualise a case in which a sufficiently flagrant violation of article 9 would not also involve treatment in violation of article 3 of the Convention.’

Citations:

Unreported, 28 February 2006, 27034/05, [2006] ECHR 1177

Links:

Bailii

Statutes:

European Convention on Human Rights 9

Jurisdiction:

England and Wales

Cited by:

Cited – EM (Lebanon) v Secretary of State for the Home Department HL 22-Oct-2008
The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon.
Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 06 December 2022; Ref: scu.277276

Auld v Murray: 1864

Judges:

Boothby J

Citations:

(1864) SAPP 53 LC

Jurisdiction:

England and Wales

Cited by:

Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Lists of cited by and citing cases may be incomplete.

Constitutional

Updated: 06 December 2022; Ref: scu.277176

BM, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 23 Mar 2009

The claimant wished to assert that he had been tortured by the US. The parties disputed whether the claimant formerly in custody in Guantanamo Bay had settled the case againt him, the claimant saying it was a plea bargain imposed on him unfairly. In view of ongoing discussions, further information was held back.

Citations:

[2009] EWHC 571 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Crime, International

Updated: 06 December 2022; Ref: scu.323748

Davey v Shawcroft: 1948

The court was asked whether an agent of the committee of an unincorporated association, who was personally responsible for a breach of the licence terms, was properly convicted.
Held: Lord Goddard CJ said that section 19 meant that an unincorporated committee could be a licensed person for regulatory purposes under the Coal Distribution Order.

Judges:

Lord Goddard CJ

Citations:

[1948] 1 All ER 827

Statutes:

Interpretation Act 1889 19

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v RL and JF CACD 28-Aug-2008
Club, not members, prosecutable for breach
The Environment Agency appealed against dismissal of charges against the defendants who were officers in an unincorporated members’ golf club on whose land there had been pollution. The judge had ruled that the unincorporated association could have . .
Lists of cited by and citing cases may be incomplete.

Crime, Company

Updated: 06 December 2022; Ref: scu.277729

Crouch v Hooper: 1852

Sir John Romilly MR discussed the possibility of a witness being honest but mistaken: ‘it must always be borne in mind . . how extremely prone persons are to believe what they wish. And where persons are once persuaded of the truth of such a fact, as that a particular person was the uncle of their father, it is every day’s experience that their imagination is apt to supply the evidence of that which they believe to be true. It is a matter of frequent observation that persons dwelling for a long time on facts which they believed must have occurred, and trying to remember whether they did so or not, come at least to persuade themselves that they do actually recollect the occurrences of circumstances which at first they only begin by believing must have happened. What was originally the result of imagination becomes in time the result of recollection, and the judging of which and drawing just inferences from which is rendered much more difficult by the circumstance that, in many cases, persons do really, by attentive and careful recollection, recall the memory of facts which had faded away, and were not, when first questioned, present to the mind of the witness. Thus it is, that a clue given or a note made at the time frequently recalls facts which had passed from the memory of the witness . . Once impress the witnesses with [a] belief that . . and further steps follow rapidly enough. In the course of a few years, by constant talk and discussion of the matter, and by endeavouring to remember past conversations, without imputing anything like wilful and corrupt perjury to witnesses of this description, I believe that in 1847 they may conscientiously bring themselves to believe that they remembered conversations and declarations which they had wholly forgotten in 1830, and that they may in truth bona fide believe that they have heard and remembered conversations and observations which in truth never existed, but are the mere offspring of their imaginations.’

Judges:

Sir John Romilly MR

Citations:

1852 16 Beav 182

Jurisdiction:

England and Wales

Cited by:

Cited – Smith v Skanska Construction Services Ltd QBD 29-Jul-2008
The court considered whether the driver of a vehicle involved in a fatal road accident in Thailand was driving within the authority of the UK employers. The driver was not an employee but had authority to use company vehicles for tasks for the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 December 2022; Ref: scu.277725

Edwards-Wood v Baldwin: 3 Dec 1863

On a bill by the Plaintiff, who while Lodging at an hotel, and seriously ill, executed a bond to the Landlord for pounds 1000 payable at six months’ date, to secure moneys paid and advanced for the Plaintiff for hotel charges, the landlord undertaking to rectify all errors in the accounts, the Court restrained an action at law on the bond, the Plaintiff giving judgment for the amount of the claim.

Citations:

[1863] EngR 1036, (1863) 4 Giff 613, (1863) 66 ER 851

Links:

Commonlii

Jurisdiction:

England and Wales

Contract

Updated: 06 December 2022; Ref: scu.283691

Chopra v Bindra: CA 19 Mar 2009

The parties sought to have declared the effect of a deed of trust under which the on the death of either co-owner, the survivor became entitled to the entirety of the proceeds of sale absolutely. The gift was defective as self defeating. The judge had sought to interpret the deed so as to give the provision effect by restricting the gifts during the joint lives to life interests.
Held: The appeal failed. The judge had correctly interpreted the deed: ‘in interpreting the deed the court can have regard to the fact that it is unlikely that the parties intended clause 4 to be ineffective; on the contrary, they plainly intended it to be effective. If the house was not sold during their joint lives, they intended that it should belong to both during their joint lives and to the survivor absolutely upon the death of the first to die.’

Judges:

Rimer LJ

Citations:

[2009] EWCA Civ 203, [2009] Fam Law 581, [2009] NPC 48, [2009] WTLR 781, [2009] 2 FLR 786, (2008-09) 11 ITELR 975

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Langston v Langston 1834
. .
Cited – Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali HL 1-Mar-2001
Cere Needed Releasing Future Claims
A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead . .
Cited – In re Dugdale, Dugdale v Dugdale 1888
Kay J considered whether a condition in a trust was repugnant: ‘I apprehend that this is the test. An incident of the estate given which cannot be directly taken away or prevented by the donor cannot be taken away indirectly by a condition which . .
Cited – In re Richerson, Scales v Heyhoe 1892
The court considered the doctrine of conversion. . .
Cited – Re Pfrimmer 1936
(Manitoba Court of Appeal) Mr Pfrimmer in his will in 1930, disposed of a house on various trusts. On his death, the question arose as to whether the carrying into effect of the testamentary trusts was prevented by two documents (one called a . .
Lists of cited by and citing cases may be incomplete.

Trusts, Land

Updated: 06 December 2022; Ref: scu.323703

Xu and Xu, Regina v: CACD 15 Oct 2008

The appellants had been convicted of facilitating a breach of immigration law after employing illegal immigrants in their Chinese restaurant. They had been made subject to an order treating the entire receipts of the business as criminal proceeds.
Held: Toulson LJ said that if the appellants been forthcoming about the real part played in the business by these employees, they might have been able to show that the ‘true benefit’ was relatively modest.

Judges:

Toulson LJ

Citations:

[2008] EWCA Crim 2372

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Seager, Regina v; Regina v Blatch CACD 26-Jun-2009
The court considered how to determine in the context of applications for confiscation orders, the value of the ‘benefit’ obtained by an offender who has been guilty of managing a company as a director in contravention of a director’s . .
Cited – Basso and Another v Regina CACD 19-May-2010
The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 06 December 2022; Ref: scu.277326

Imperial Gas Light and Coke Company v Broadbent: HL 4 Aug 1859

If a Plaintiff applies for an injunction in respect of a violation of a common law right, and the existence of that right, or the fact of its violation is denied, he must establish his right at law, but having done that, he is, except under special circumstances, entitled to an injunction to prevent a recurrence of that violation.
For such a purpose the award of an arbitrator is equivalent to a verdict.
If between the time of the case being referred and the award being made there has been an alteration in the mode of carrying on the business complained of, it may, if in diminution of the cause of injury, be shown as an answer to the application for an injunction; but if in increase of the cause of injury, it need not be the subject of a fresh proceeding at law; that is matter for the discretion of the Court of Equity. A Plaintiff brought an action to recover damages for an injury to his business occasioned by the erection. of gas works; the action was referred to arbitration; nearly two years elapsed before the award was made, in the course of which time alteratione in the mode of carrying on the business complained of were effected; two months after the date of the award the injunction was applied for: Held, that there had not been any such. acquiescence as to deprive the Plaintiff of his right to the injunction.

Judges:

Lord Campbell LC

Citations:

[1859] EngR 915, (1859) 7 HLC 600, (1859) 11 ER 239

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

Appeal from – Broadbent v The Imperial Gas Company 31-Jan-1857
. .

Cited by:

Cited – Armstrong v Sheppard and Short Ltd CA 1959
The plaintiff had a path at the rear of his property. The defendant constructed a sewer under the path, and asked the plaintiff for permission. He gave it informally, not knowing at the time that he owned the land. The sewer was constructed. Though . .
Cited – Miller v Jackson CA 6-Apr-1977
The activities of a long established cricket club had been found to be a legal nuisance, because of the number of cricket balls landing in the gardens of neighbouring houses. An injunction had been granted to local householders who complained of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Equity, Nuisance

Updated: 06 December 2022; Ref: scu.288267

Enfield London Borough Council v McKeon: CA 1986

In order to enforce the right to buy, a person must normally be a secure tenant throughout the period from service of the original notice, exercising the right to buy, until completion is effected. Each part of the process is an ‘exercise’ of the right to buy.
Slade LJ said that the 1980 Act: ‘treats a tenant as purporting to exercise his right to buy at any time and from time to time when he takes steps towards implementation of that right, up to and including completion of the purchase. If, therefore, any of the circumstances set out in part 2 of schedule 1 . . subsist at any time between the time when he serves his section 5 notice and completion, his right to buy ceases to be exercisable.’

Judges:

Slade LJ

Citations:

[1986] 1 WLR 1007

Statutes:

Housing Act 1980 2(4)

Jurisdiction:

England and Wales

Cited by:

Cited – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
Lists of cited by and citing cases may be incomplete.

Local Government, Land

Updated: 06 December 2022; Ref: scu.278701

Harris’s Case: 1584

Judges:

Mellish LJ

Citations:

[1584] Law Rep 7 Ch 587

Jurisdiction:

England and Wales

Cited by:

Cited – Carlill v Carbolic Smoke Ball Co CA 7-Dec-1892
Unilateral Contract Liability
The defendants advertised ‘The Carbolic Smoke Ball,’ in the Pall Mall Gazette, saying ‘pounds 100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza, colds, or any disease caused by . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 December 2022; Ref: scu.267728

Scottish Midland Co-operative Soc Ltd v Cullion: 1997

Citations:

[1997] IRLR 261

Jurisdiction:

Scotland

Cited by:

Mentioned – Dignity Funerals Limited v Bruce OHCS 14-Oct-2004
The employee was found to have been unfairly dismissed. The employer appealed the compensatory award which was based on his depressive illness. They said that the illness predated the dismissal.
Held: The EAT’s decision was set aside. In . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 December 2022; Ref: scu.268132

Jane Denton’s Case: 1823

Under the grand jury regime the indictment was authenticated by the delivery of the bill found to be a true bill by the grand jury.

Citations:

[1823] 168 ER 956, [1823] EngR 110, (1823) 1 Lewin 53

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Clarke, Regina v; Regina v McDaid HL 6-Feb-2008
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence.
Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 06 December 2022; Ref: scu.267614

Freeman, Regina v; Regina v Crawford: CACD 8 Aug 2008

The court considered how a judge should deal with the cross-admissibility of evidence relating to two or more counts in the same indictment and the appropriate bad character direction to be given.

Judges:

Latham LJ, Grigson, MacDuff J

Citations:

[2008] EWCA Crim 1863, [2009] 1 Cr App Rep 11, [2009] 2 All ER 18, [2009] Crim LR 103, (2008) 172 JP 529, (2008) 172 JPN 757, [2009] 1 WLR 2723

Links:

Bailii

Statutes:

Criminal Justice Act 2003 98

Jurisdiction:

England and Wales

Criminal Practice

Updated: 06 December 2022; Ref: scu.272292

Union Steamship Company of Australia Pty Ltd v King: 26 Oct 1988

Austlii (High Court of Australia) Constitutional Law (Cth) – Inconsistency between Commonwealth and State laws – Compensation of seamen – Laws expressly contemplating coexistence of laws – Whether Commonwealth law covers field – The Constitution (63 and 64 Vict c. 12), s.109 – Seamen’s Compensation Act 1911 (Cth), ss.5(2)(e), 10A – Australia Act 1986 (Cth), s.2(1) – Workers’ Compensation Act 1926 (NSW), ss.7,46.
Constitutional Law – State Parliament – Powers – To make laws for peace, order and good government – Connexion of operation of law with State – Remote or general connexion sufficient – Workers’ compensation claimed by crew member of State-registered ship – Whether eligible to claim only under Commonwealth legislation – Registration of ship sufficient connexion with State – Extraterritorial operation.
Workers’ Compensation (N.S.W.) – Entitlement – Territorial limits of jurisdiction – Compensation under State law unavailable under Commonwealth law – Claim under State law – Whether maintainable – Crew member of State-registered ship.

Judges:

Mason CJ, Wilson, Brennan, Deane, Dawson, Toohey and Gaudron JJ

Citations:

(1988) 166 CLR 1, [1988] HCA 55

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Lists of cited by and citing cases may be incomplete.

Constitutional

Updated: 06 December 2022; Ref: scu.277170

Rex v Stewart: 1840

It is the duty at common law for a householder under whose roof a person has died to make arrangements for the dignified and decent burial of the deceased, at least in circumstances where the deceased is a poor person in relation to whom no other arrangements can be made.

Citations:

[1840] 12 Ad and E 773

Jurisdiction:

England and Wales

Cited by:

Cited – Hartshorne v Gardner ChD 14-Mar-2008
The deceased died in a motor accident, aged 44. The parties, his mother and father, disputed control over his remains, and requested an order from the court.
Held: The court has such an inherent jurisdiction. Since the claimants had an equal . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 06 December 2022; Ref: scu.267633

Edmunds v Waugh: 1866

Citations:

(1866) LR 1 Eq 418

Jurisdiction:

England and Wales

Cited by:

Cited – Yorkshire Bank Finance Ltd v Mulhall and Another CA 24-Oct-2008
The bank had obtained a judgement against the defendant, and took a charging order. Nothing happened for more than twelve years, and the defendant now argued that the order and debt was discharged.
Held: The enforcement of the charging order . .
Lists of cited by and citing cases may be incomplete.

Limitation

Updated: 06 December 2022; Ref: scu.277162

Kenning, Regina v: CACD 23 Apr 2008

Appeal from convictions of possession and supply of cannabis and amphetamines.

Judges:

Lord Phillips of Worth Matravers LCJ

Citations:

[2008] EWCA Crim 1074

Links:

Bailii

Statutes:

Criminal Law Act 1977 1(1)

Jurisdiction:

England and Wales

Cited by:

Leave to appeal – Regina v Kenning, Blackshaw, Fenwick CACD 24-Jun-2008
The defendants appealed against their convictions for conspiracy to aid and abet the production of drugs. They sold materials which could be used for the growing of cannabis, but exhibited a notice warning customers against this. They told . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.270940

K, Regina v: CACD 14 Aug 2008

The defendant had been called to the bar but was not within any chambers and did not have a practising certificate and was not subject to the Bar’s disciplinary code. He was prosecuted for providing immigration and advice service and advice whilst unauthorised.
Held: The intention of the Act was to ensure that only those subject to professional regulation provided immigration services. The defendant did not fall within that category. Even so, the defendant’s bona fides had not been questioned, and the court emphasised that it saw no purpose in the continuation of the present proceedings.

Judges:

Lord Justice Toulson, Mr Justice Andrew Smith and Judge Rogers, QC

Citations:

[2008] EWCA Crim 1900, Times 08-Oct-2008, [2009] 1 All ER 510, [2009] 1 WLR 694, [2009] 1 Cr App Rep 9, [2009] PNLR 6

Links:

Bailii

Statutes:

Immigration and Asylum Act 1999

Jurisdiction:

England and Wales

Crime, Legal Professions, Immigration

Updated: 06 December 2022; Ref: scu.272558

Scott v Samson: 1882

Citations:

[1882] 8 QBD 491

Jurisdiction:

England and Wales

Cited by:

Cited – Tesco Stores Ltd v Guardian News and Media Ltd and Another QBD 29-Jul-2008
The defendant newspaper published articles making allegations as to the use of offshore tax avoidance arrangements. The claimant sought damages also in malicious falsehood. The defendants sought to rely on an offer of amends served only a few . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 06 December 2022; Ref: scu.276502

Capellini v Bloomberg; Capellini and Bloomberg’s Applications: 2007

Citations:

[2007] FSR 26, [2007] EWHC 476 (Pat)

Jurisdiction:

England and Wales

Cited by:

Cited – Kapur v Comptroller General of Patents, Designs and Trade Marks PatC 10-Apr-2008
The applicant sought patents for systems of document management. The applications had been rejected as being for computer programs as such.
Held: The exclusion from protection created by the section was to be construed narrowly. In the absence . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 06 December 2022; Ref: scu.276708

Office of Fair Trading v Foxtons Ltd: ChD 17 Jul 2008

Complaint was made that the Foxtons standard terms of acting in residential lettings were unfair. Foxtons objected to the jurisdiction of the Claimant to intervene.
Held: On a challenge to an individual contract, the court would be able to see the term in the particular context and be better able to see its fairness or otherwise. Nevertheless it was necessary to make the Regulations work in the context of this a pre-emptive challenge by taking the case of typical parties. This was not the basis on which an individual’s challenge would be heard. The OFT was entitled to make this challenge. An injunction if granted should not prevent Foxtons arguing in any particular case of a contract already in existence that the circumstances of that particular case made the term fair for that consumer. Once the pleadings had been amended to omit reference to particular cases, the court would have power to grant the appropriate injunction if it felt necessary.

Judges:

Morgan J

Citations:

[2008] EWHC 1662 (Ch)

Links:

Bailii

Statutes:

Council Directive 93/13/EEC on Unfair Terms in Consumer Contracts, Unfair Terms in Consumer Contracts Regulations 1999

Jurisdiction:

England and Wales

Citing:

Cited – Director General of Fair Trading v First National Bank Plc ChD 30-Jul-1999
The claimants sought an injunction under the regulations to prevent the defendant bank from including in any of its agreements a clause allowing them to claim interest on judgments on regulated agreements. . .
Cited – Director General of Fair Trading v First National Bank Plc CA 15-Sep-1999
A bank had a clause in its standard terms which provided that it could continue to recover interest at the contract rate after judgment for default. The clause was an unfair term. The clause allowed a bank to impose an arrangement for repayment by . .
Cited – Director General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
Cited – Bryen and Langley Ltd v Boston CA 29-Jul-2005
The special facts surrounding the agreement of the standard term at issue were such that the court held that it could not possibly say that there had been a breach of the principle of fair dealing and that rendered it unnecessary for the court to . .
Cited – Oceano Grupo Editorial SA v Quintero ECJ 2000
The court asked whether, in a case brought against an individual consumer, the court could investigate the unfairness of the relevant term of the contract at issue of its own motion.
Held: In such a case the court could act of its own motion. . .
Cited – Elisa Maria Mostaza Claro v Centro Movil Milenium SL ECJ 26-Oct-2006
ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Failure to raise the unfair nature of a term during arbitration proceedings – Possibility of raising that objection in the context of an action . .
Cited – Freiburger Kommunalbauten GmbH Baugesellschaft and Co. KG v Ludger Hofstetter, Ulrike Hofstetter ECJ 1-Apr-2004
ECJ Directive 93/13/EEC – Unfair terms in consumer contracts – Contract for the building and supply of a parking space – Reversal of the order of performance of contractual obligations provided for under national . .
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 – Padden v Arbuthnot Pensions and Investments Ltd CA 14-May-2004
. .
Cited – Office of Fair Trading v MB Designs (Scotland) Limited Martin Black Paul Bradley Bett OHCS 29-Jun-2005
The Office sought an order to enforce obligations under the 2002 Act against a trader. He argued that some of the acts complained of preceded the coming into force of the Act.
Held: The Act sought to protect the interests of consumers in . .
Cited – Gouriet v Union of Post Office Workers HL 26-Jul-1977
The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order.
Held: The wide wording of the statute . .
Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
Cited – Meadows Indemnity Co Ltd v The Insurance Corporation of Ireland plc and Another CA 1989
A claim was made for declaratory relief.
Held: The Claimant, a re-insurer, did not have locus to claim a declaration that the main insurer could avoid the main contract of insurance, to which the Claimant was not a party. The court considered . .
Cited – Feetum v Levy CA 2006
Jonathan Parker LJ discussed the granting of declarations: ‘things have indeed moved on since the Meadows case was decided; and the courts should not nowadays apply such a restrictive meaning to the passage in Lord Diplock’s speech in Gouriet’s . .

Cited by:

Appeal from – Office Of Fair Trading v Foxtons Ltd CA 2-Apr-2009
The OFT had sought and obtained an injunction regarding the use of certain standard terms in their estate agency business. Both parties appealed.
Held: The OFT’s appeal succeeded. The court had been wrong to restrict the effect of the . .
Lists of cited by and citing cases may be incomplete.

Consumer, European

Updated: 06 December 2022; Ref: scu.270958

Doe d. Whayman v Chaplin: 1310

Four persons were the joint lessors on a periodic tenancy. Three only of the joint lessors gave notice to quit against the wishes of the fourth. At one stage the court inclined to the view that in order to determine the tenancy all four lessors had to agree. However after further argument it was held that each of the three who had given notice to quit was entitled to put an end to the tenancy of his share and the three who had given notice to quit were therefore entitled to recover three parts of the land. As a result, the defendant apparently was entitled to stay on the land in right of his tenancy of one part as tenant in common with the three lessors who had given notice. the giving of notice to quit by three out of the four joint lessors was not sufficient to determine the tenancy of the whole land.

Citations:

(1310) 3 Taunt 120

Jurisdiction:

England and Wales

Cited by:

No longer good law – Hammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.272276

Lloyds Bank plc v Voller: 2002

Citations:

[2002] 2 All ER (Comm) 978

Jurisdiction:

England and Wales

Cited by:

Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the . .
Lists of cited by and citing cases may be incomplete.

Banking

Updated: 06 December 2022; Ref: scu.267123

Mills v Birchall and Another: CA 18 Apr 2008

The appeal raised the question whether, when a receiver appointed under a bank charge causes an insolvent company to sue, the action is unsuccessful and the successful party is unable to recover costs against the company, the successful party may recover the costs from the receiver under the jurisdiction in section 51 of the Supreme Court Act 1981 to award costs against a non-party.

Citations:

[2008] EWCA Civ 385, [2008] 2 BCLC 774, [2008] NPC 48, [2008] 1 WLR 1829, [2008] 4 All ER 58, [2008] BPIR 607, [2008] CP Rep 29, [2008] BCC 471, [2008] 4 Costs LR 599, [2008] Bus LR 1520

Links:

Bailii

Jurisdiction:

England and Wales

Costs

Updated: 06 December 2022; Ref: scu.266982

Medina v Stoughton: 1699

Citations:

(1699) Salk 210

Jurisdiction:

England and Wales

Cited by:

Cited – Heilbut Symons and Co v Buckleton HL 11-Nov-1912
In an action of damages for fraudulent misrepresentation and breach of warranty, the plaintiff founded on a conversation between himself and the defendants’ representative. In this conversation the plaintiff said-‘I understand that you are bringing . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 06 December 2022; Ref: scu.266990

Crosse v Gardner: 1689

Holt CJ said: ‘an affirmation at the time of sale is a warranty, provided it appear on evidence to have been so intended.’

Judges:

Holt CJ

Citations:

(1689) Carth 90

Jurisdiction:

England and Wales

Cited by:

Cited – Pasley v Freeman 1789
Tort of Deceit Set Out
The court considered the tort of deceit. A representation by one person that another person was creditworthy was actionable if made fraudulently. A false affirmation made by the defendant with intent to defraud the plaintiff, whereby the plaintiff . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 December 2022; Ref: scu.266989

Chandelor v Lopus: 1603

The plaintiff sued for an alleged misrepresentation as to the character of a precious stone sold to him.
Held: The plaintiff must either declare on a contract, or if he declared in tort for a misrepresentation must aver a scienter.

Citations:

(1603) Cro Jac 4

Jurisdiction:

England and Wales

Cited by:

Cited – Heilbut Symons and Co v Buckleton HL 11-Nov-1912
In an action of damages for fraudulent misrepresentation and breach of warranty, the plaintiff founded on a conversation between himself and the defendants’ representative. In this conversation the plaintiff said-‘I understand that you are bringing . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 06 December 2022; Ref: scu.266988

Skipsredittforeningen v Emperor Navigation SA: 1997

The court considered the reaonableness of a contract clause which sought to exclude liability for misrepresentation: ‘The consequence of the approach adopted in Stewart Gill [[1992] 1 QB 600] is (as the present case shows) that the court may hear arguments that a term is or may be unreasonable (and so wholly void in relation to misrepresentation or breach of contract claims, as the case may be) for reasons or in respects that have nothing to do with the facts of the actual case. Assuming that the whole term will be invalid in this way if it fails the requirement of reasonableness, the court should, I think, take care to consider the clause as a whole in the light of the circumstances when the contract was made, in order to judge in the round whether it satisfies the requirement of reasonableness. The court should not be too ready to focus on remote possibilities or to accept arguments that a clause fails the test by reference to relatively uncommon or unlikely situations.’
The claimant sought summary judgement for sums due under a loan agreement that provided, inter alia: ‘All payments to be made by or on behalf of the Borrowers pursuant to this Agreement . . shall be made without (a) set-off’. The defendant submitted that this clause was unreasonable under UCTA.
Held: Mance J rejected this submission holding that the clause was fair and reasonable. In his view ‘[s]uch a clause in a loan facility like the present is generally familiar, sensible and understandable’.

Judges:

Mance J

Citations:

[1997] 2 BCLC 398, [1998] 1 Lloyd’s Rep 66

Statutes:

Unfair Terms in Consumer Contracts Regulations 1999 4(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Regus (UK) Ltd v Epcot Solutions Ltd CA 15-Apr-2008
The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally . .
Cited – Barclays Bank Plc v Kufner ComC 10-Oct-2008
barclays_kufnerComC2008
The bank sought summary judgment under a guarantee to secure a loan to purchase a luxury yacht which was to be hired out in business. The loan had been charged against the yacht, but when the yacht was re-registered, the bank failed to re-establish . .
Lists of cited by and citing cases may be incomplete.

Contract, Banking, Consumer

Updated: 06 December 2022; Ref: scu.266862

Re Suidair International Airways Ltd: 1951

Insolvency law may enable the court to apply a foreign law. Wynn-Parry J said: ‘It appears to me that the simple principle is that this court sits to administer the assets of the South African company which are within its [i.e. the English court’s] jurisdiction, and for that purpose administers, and administers only, the relevant English law; that is, primarily, the law as stated in the Companies Act 1948 looked at in the light, where necessary, of the authorities. If that principle be adhered to, no confusion will result. If it is departed from, then for myself I cannot see how any other result would follow than the utmost possible confusion.’

Judges:

Wynn-Parry J

Citations:

[1951] Ch 165

Jurisdiction:

England and Wales

Cited by:

Cited – McGrath and others v Riddell and others HL 9-Apr-2008
(Orse In Re HIH Casualty and General Insurance Ltd)
HIH, an Australian Insurance company, became insolvent. An order was sought for the collection and remission of it assets in England under a letter of request from the Australia Court.
Lists of cited by and citing cases may be incomplete.

Insolvency

Updated: 06 December 2022; Ref: scu.266614

Chester v Bateson: 1920

A Regulation brought in under the 1914 Act prohibited the bringing of possession proceedings against a munitions worker without the consent of the Minister.
Held: The prohibition was unlawful. It was a grave invasion of the rights of the subjects and this could not be achieved by a departmental order. Avory J said: ‘In my opinion there is not to be found in the statute anything to authorize or justify a regulation having that result; and nothing less than express words in the statute taking away the right of the King’s subjects of access to the Courts of justice would authorize or justify it.’

Judges:

Darling J, Avory J

Citations:

[1920] 1 KB 829

Statutes:

Defence of the Realm Consolidation Act 1914

Jurisdiction:

England and Wales

Citing:

Approved – Rex (at the prosecution of Arthur Zadig) v Halliday HL 1-May-1917
The applicant was German born but a naturalised Englishman who complained of having been interned by a regulation made under the 1914 Act. He said that the regulation was ultra vires.
Held: The appeal failed (Lord Shaw dissenting). The House . .
Cited – In Re Boaler CA 1915
The court was asked whether the 1896 Act which permitted a court to make an order that a person could not institute proceedings without the leave of the court, applied to the institution of criminal proceedings.
Held: It did not. Scrutton J . .

Cited by:

Cited – A, K, M, Q and G v HM Treasury Admn 24-Apr-2008
The applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval.
Cited – HM Treasury v Ahmed and Others SC 27-Jan-2010
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations.
Held: The orders could not stand. Such orders were made by the . .
Lists of cited by and citing cases may be incomplete.

Constitutional

Updated: 06 December 2022; Ref: scu.267160

Regus (UK) Ltd v Epcot Solutions Ltd: CA 15 Apr 2008

The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally exclude liability were unfair under the 1977 Act.
Held: The appeal succeeded. Alternative remedies would have been available to the tenant, including mitigation of losses. Though the contract might exclude liabiity for certain acts of the appellant: ‘Liability for fraud or malice, or recklessness which is a species of either, goes without saying: parties contract with one another in the expectation of honest dealing. It is simply that in imposing conditions for the accepting of any liability, Regus did not, by referring to the need for negligence, wish to suggest that an intentional breach of contract could not similarly be made the basis of liability. ‘
The purchaser had been advised to nsure, and would be in a far better position to insure than the seller. The clause was reasonable.

Judges:

Rix LJ

Citations:

[2008] EWCA Civ 361

Links:

Bailii

Statutes:

Unfair Contract Terms Act 1977

Jurisdiction:

England and Wales

Citing:

Cited – Hewitt v Rowlands CA 1924
The landlord had failed to repair the property as required by his covenant.
Held: The primary measure of loss for a breach of a contract to provide such services is the diminution in value of the services promised. . .
Cited – Electricity Supply Nominees Limited v The National Magazine Company Limited; The National Magazine Company Limited v Electricity Supply Nominees Limited, Matthew Hall Limited, Otis Plc, Dtz Debenham TCC 12-Aug-1998
Apportionment of service charges. . .
Cited – Earle v Charalambous CA 28-Jul-2006
Calculation of damages for breach of covenant to repair by landlord. . .
Cited – McCoy and Co v Clark CA 1984
. .
Cited – English Churches Housing Group v Shine CA 7-Apr-2004
The claimant was a secure tenant of English Churches Housing Group. He was unemployed and lived on benefits. He claimed damages against his landlord for breaches of the repairing covenants implied by section 11. The court considerd the appropriate . .
Cited – Wallace and others v Manchester City Council CA 23-Jul-1998
Damages payable to a tenant for a landlord’s failure to repair whilst the tenant remained in the property were not separate damages for discomfort and diminution in rental value since these amounted to the same thing: ‘for periods when the tenant . .
Cited – C Chiodi v De Marney CA 1988
The claimant was a statutory tenant occupying a flat at a registered fair rent of andpound;8 per week. He withheld the rent and was sued for possession. He counterclaimed for damages for breach of the implied covenant on the part of the landlord to . .
Cited – HIH Casualty And General Insurance Limited and Others v The Chase Manhattan Bank and Others CA 31-Jul-2001
Parties syndicating finance for a film obtained the security of an insurance which is designed to pay up to the sum insured, if the revenues generated by the film were insufficient to repay the loan finance plus associated expenses. The polices were . .
Cited – HIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
Cited – Davis Turner and Co Ltd v Granville Oil and Chemicals Ltd CA 15-Apr-2003
The time bar provision, now found in cl. 28(B) of BIFA, satisfied the requirements of reasonableness under UCTA. . .
Cited – George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd CA 29-Sep-1982
The buyer bought 30lbs of cabbage seed, but the seed was not correct, and the crop was worthless. The seed cost pounds 192, but the farmer lost pounds 61,000. The seed supplier appealed the award of the larger amount and interest, saying that their . .
Cited – Skipsredittforeningen v Emperor Navigation SA 1997
The court considered the reaonableness of a contract clause which sought to exclude liability for misrepresentation: ‘The consequence of the approach adopted in Stewart Gill [[1992] 1 QB 600] is (as the present case shows) that the court may hear . .
Cited – George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd HL 1983
A seedsman sought to rely upon an exclusion clause preventing any claim by a purchaser by way of set off against its sales invoices. The House was asked whether a contractual term was ‘fair and reasonable’ within the meaning of section 55 of the . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 December 2022; Ref: scu.266800

Howitt Ltd v King and others: EAT 18 Dec 2007

EAT Transfer of Undertakings: Transfer
Practice and Procedure: Appellate jurisdiction/reasons/Burns-Barke
Relevant transfer – perversity – issue raised and not contested – not permitted to be re-opened on appeal.

Judges:

Peter Clark J

Citations:

[2007] UKEAT 0349 – 07 – 1812

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 06 December 2022; Ref: scu.266655

Rex v Company of Fishermen of Faversham: 1799

Lord Kenyon CJ discussed the validity of a byelaw: ‘With regard to the form of the byelaw indeed, though a byelaw may be good in part and bad in part, yet it can be so only where the two parts are entire and distinct from each other.’

Judges:

Lord Kenyon CJ

Citations:

(1799) 8 Term 352

Jurisdiction:

England and Wales

Cited by:

Cited – Director of Public Prosecutions v Hutchinson; Director of Public Prosecutions v Smith HL 12-Jul-1990
Protesters objected that byelaws which had been made to prevent access to common land, namely Greenham Common were invalid.
Held: The byelaws did prejudice the rights of common. The House was concerned to clarify the test applicable when . .
Lists of cited by and citing cases may be incomplete.

Local Government

Updated: 06 December 2022; Ref: scu.259755

Baynham v Guy’s Hospital: 1796

A legal deed is not to be construed by reference to the acts of the parties.

Citations:

(1796) 3 Vesey 295, [1775-1802] All ER Rep 536, (1796) 30 ER 1019

Jurisdiction:

England and Wales

Cited by:

Cited – Marjorie Burnett Ltd v Barclay ChD 12-Dec-1980
A lease was created of a shop, dwellings and out-buildings. By clause 6 the tenant had a right to renew the lease, with the new lease creating the same provision. The defendant claimed that as a perpetually renewable lease it took effect as a lease . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 December 2022; Ref: scu.259711