Tharros Shipping Co Ltd and Den Norske Bank Plc v Bias Shipping Ltd [No 3]: 1995

The existence of a business relationship will not always lead the Court to expect a backer to accept liability for costs, e.g. if the financial backer is a bank lending money to a plaintiff, or as here an insurer but it will be a highly relevant consideration.’

Citations:

[1995] 1 Lloyd’s Rep 541

Jurisdiction:

England and Wales

Cited by:

Cited – Abraham and Another v Thompson and Another CA 24-Jul-1997
The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 06 December 2022; Ref: scu.183810

Owens Bank v Etoile Commerciale: 1995

The principles of abuse of process may apply even though the relevant earlier proceedings have taken place before a foreign court.

Citations:

[1995] 1 WLR 44

Jurisdiction:

England and Wales

Cited by:

Cited – Motorola Credit Corporation v Uzan and others (No 2) CA 12-Jun-2003
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 06 December 2022; Ref: scu.183511

Phillips v Allan: 1828

Citations:

(1828) 8 B and C 477

Jurisdiction:

England and Wales

Cited by:

Cited – Ellis v M’Henry CCP 1871
A debt or liability arising in any country may be discharged by the laws of that country, and such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 December 2022; Ref: scu.183538

Lewis v Owen: 1821

Citations:

(1821) 4 B and Ald 654

Jurisdiction:

England and Wales

Cited by:

Cited – Ellis v M’Henry CCP 1871
A debt or liability arising in any country may be discharged by the laws of that country, and such a discharge, if it extinguishes the debt or liability, and does not merely interfere with the remedies or course of procedure to enforce it, will be . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 December 2022; Ref: scu.183537

Taylor v Neeham: 1810

‘It would be a very odd in the law of any country, if A could take by any form of conveyance, a greater or better right than he had who conveys it to him; it would be contrary to all principle. But it does not rest merely on the general principle; if you look into all the books upon estoppel, you find it laid down, that parties and privies are not estopped, and he who takes an estate under a deed, is privy in estate, and therefore never can be in a better situation than he from whom he takes it.’

Judges:

Mansfield CJ

Citations:

[1810] 2 Taunt 278

Jurisdiction:

England and Wales

Land, Estoppel

Updated: 06 December 2022; Ref: scu.183682

Doe d Duke of Bedford v Kightley: 1796

The court could take a benevolent approach in construing a notice with a clerical error.

Citations:

(1796) 7 Durn and E 63

Jurisdiction:

England and Wales

Cited by:

Cited – Carradine Properties Ltd v Aslam ChD 1976
Under a break clause in a lease, the relevant date upon which a notice given by either party under the clause might take effect was a date in September 1975, but the landlord’s notice in September 1974 specified a date in 1973. The date in 1973, had . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.185083

D’Silva v Lister House Development Ltd: 1970

Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The section says that the document is to be deemed to have been duly executed and execution imports not only sealing the document, but also delivering it as an executed document.’ and ‘It is . . established by authority that negotiations subject to contract for the grant of a lease remain in a state of negotiation until exchange of lease and counter-part . . Accordingly that letter is a bar to any claim by the Plaintiff that there was a contract by correspondence, for the correspondence must, I think, be taken as correspondence in the course of negotiations which were conducted upon the footing that everything would remain in a state of negotiation until exchange of lease and counterpart. ‘ and ‘The letters relied on here are letters between solicitors and in the absence of special authority in my judgment, they cannot be relied upon as constituting a contract by correspondence’.

Judges:

Buckley J

Citations:

[1971] Ch 17, [1970] 1 All ER 858

Statutes:

Landlord and Tenant Act 1954 Part II, Law of Property Act 1925 74(1)

Jurisdiction:

England and Wales

Citing:

Cited – Eccles v Bryant and Pollock CA 1947
The Plaintiff contended that a letter written by the purchaser’s solicitor which effectively set out the terms of the agreement, enclosed the part of the contract signed by the purchaser, and asked in exchange for the counter-part signed by the . .

Cited by:

Cited – Hussein Walji, Zulikar Walji, Mohammed Iqbal Walji, Hussain Walji v Mount Cook Land Limited CA 21-Dec-2000
The claimants sought a new lease under the Act. They were assignees and sureties of an underlease of the premises, but a new underlease had been taken by a company through which the partnership had intended to trade. The partnership had paid rent in . .
Cited – Bolton Metropolitan Borough Council v Torkington CA 31-Oct-2003
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later.
Held: Under the 1985 Act completion would require writing, intention and . .
Cited – Evans v James (Administratrix of the Estate of Thomas Hopkin Deceased) CA 5-Jul-1999
Before the parties called evidence, and having read the papers, the court considered that there was no real defence shown, and invited submissions. Negotiations for the grant of a tenancy had been terminated by the sudden illness of the proposed . .
Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Cited – Katana and Another v Catalyst Communities Housing Ltd CA 28-Jan-2010
The defendants sought leave to appeal against an order for possession. The landlords were to sell the property to a housing association and let the property to tenants for three months and thereafter terminable on one month’s notice. The tenant had . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Legal Professions

Updated: 06 December 2022; Ref: scu.184136

Hall v Dorling and Another: 26 Mar 1996

Land once conveyed by the owner, could not be again conveyed. ‘ . . if the trustees had specifically conveyed land delineated on a plan to the defendant they could not subsequently in law transfer it to the plaintiff’.

Judges:

Beldam LJ

Citations:

Unreported, 26 March 1996

Jurisdiction:

England and Wales

Cited by:

Cited – Alan Wibberley Building Ltd v Insley CA 12-Nov-1997
Where adjoining fields are separated by a hedge and a ditch, who owns the ditch?
Held: The old presumption as to the location of a boundary based on the layout of hedges and ditches is irrelevant where the conveyance was by reference to an OS . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 06 December 2022; Ref: scu.183683

Doe d Cox v Roe: 1803

The landlord of a public house in Limehouse gave notice to quit ‘the premises which you hold of me . . . commonly called or known by the name of The Waterman’s Arms.’ However, the only property let by the landlord to the tenant was a public house called The Bricklayer’s Arms; indeed there was no public house in Limehouse called The Waterman’s Arms.
Held: The ambiguity could be resolved in favour of the landlord. lThe notice was held effective in respect of the tenancy of The Bricklayer’s Arms, the case being treated as one of latent ambiguity.

Citations:

(1803) 4 Esp 185

Jurisdiction:

England and Wales

Cited by:

Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Cited – Cadby v Martinez 1840
A clause in his lease allowed the tenant to determine it by notice expiring on Michaelmas day 1837. The tenant mistakenly gave notice to quit and deliver up the premises on 24 June 1837. The notice was expressed to be ‘agreeably to the covenants of . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.185081

Whatling v Rees: 1914

Citations:

[1914] 84 LJKB 1122

Jurisdiction:

England and Wales

Cited by:

Cited – Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson Admn 31-Oct-1997
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the . .
Lists of cited by and citing cases may be incomplete.

Nuisance

Updated: 06 December 2022; Ref: scu.184806

Ghazilian’s Trade Mark Application: 2002

The court considered the basis of the conduct of an appeal from a trade mark registry decision.
Held: The correct approach is for the appeal to proceed by way of re-hearing, but with due weight being given to the decision of the Registrar, whose hearing officers have extensive experience in dealing with trade mark matters

Citations:

[2002] RPC 628

Jurisdiction:

England and Wales

Intellectual Property

Updated: 06 December 2022; Ref: scu.182504

Brook v National Coal Board: 1975

Citations:

[1975] RA 367

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Central Valuation Officer and another ex parte Edison First Power Limited HL 10-Apr-2003
Powergen sold a property to Edison. Powergen had paid rates under a separate statutory rating regime, and paid an additional thirteen million pounds under an apportionment. Edison later complained that in being rated itself, the authorities had . .
Lists of cited by and citing cases may be incomplete.

Rating

Updated: 06 December 2022; Ref: scu.182559

Knight and Co v Stott: 1892

The Court will hear an action which is connected with a gambling transaction if the connection is merely collateral or incidental.

Citations:

(1892) 19 R 959

Jurisdiction:

England and Wales

Cited by:

Cited – Robertson v Anderson IHCS 5-Dec-2002
The parties had agreed to share any winnings from their Bingo activities. One sought to reject the contract as an unenforceable gaming contract.
Held: The contention was rejected. It had been suggested that there had been no intention to . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 December 2022; Ref: scu.181871

Cord v Secretary of State for the Environment: 1981

Citations:

[1981] JPL 40

Jurisdiction:

England and Wales

Cited by:

Applied – Samuel v Secretary of State for the Environment and Another QBD 1-Jul-1998
Inspector’s decision that any residential use of a caravan involved change of use was not sustainable by use as kitchen for staff in cattery. Notice to remove the caravan went beyond what was needed; but notice re unmoved green belt encroachment was . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 06 December 2022; Ref: scu.181191

Hobbs v London and South Western Railway Co: 1875

The court considered an application for damages for inconvenience in a breach of contract case: ‘for the mere inconvenience, such as annoyance and loss of temper, or vexation, or for being disappointed in a particular thing which you have set your mind upon, without real physical inconvenience resulting, you cannot recover damages. That is purely sentimental, and not a case where the word inconvenience, as I here use it, would apply.’ However the court upheld an award to a husband and wife for the inconvenience of having to walk home with young children four or five miles late on a drizzling night, although the wife’s catching of a cold was found too remote.

Judges:

Mellor J, Cockburn CJ, Blackburn J

Citations:

(1875) LR 10 QB 111

Jurisdiction:

England and Wales

Cited by:

Not Followed – Jarvis v Swans Tours Ltd CA 16-Oct-1972
The plaintiff had booked a holiday through the defendant travel tour company. He claimed damages after the holiday failed to live up to expectations.
Held: In appropriate cases where one party contracts to provide entertainment and enjoyment, . .
Cited – Wiseman v Virgin Atlantic Airways Ltd QBD 29-Jun-2006
The claimant said that he was refused permission to board a flight by the defendants representative without paying a bribe, and was publicly humiliated for not doing so.
Held: Whilst the claimant could recover for his own additional expenses, . .
Applied – Bailey v Bullock 1950
The court awarded damages against solicitors for the inconvenience to the plaintiff of having to live in an overcrowded house. . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 06 December 2022; Ref: scu.181259

Waverley Borough Council v Hilden: 1988

The local authority sought to use its powers under the Act to enforce planning control over gypsies.

Citations:

[1988] 1 WLR 246

Statutes:

Local Government Act 1972 222

Jurisdiction:

England and Wales

Cited by:

Cited – Wrexham County Borough Council v Berry; South Buckinghamshire District Council v Porter and another; Chichester District Council v Searle and others HL 22-May-2003
The appellants challenged the refusal to grant them injunctions to prevent Roma parking caravans on land they had purchased.
Held: Parliament had given to local authorities exclusive jurisdiction on matters of planning policy, but when an . .
Cited – Hambleton District Council v Bird CA 1995
The local authority sought an injunction to restrain the respondent Gypsies from use of land they owned, for residential caravans. The Gypsies had used the site, in breach of planning control, for a number of years. The judge had refused an . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 06 December 2022; Ref: scu.182490

Hope v Tweedie: 1776

The court refused to find an enforceable contract where from the circumstances it was found that the parties cannot have intended that the transactions should have any legal consequences.

Citations:

(1776) Mor 9522

Jurisdiction:

Scotland

Cited by:

Cited – Ferguson v Littlewoods Pools Ltd 1997
The court reviewed a decision on the enforceability of gaming contracts.
Held: Different considerations played a part in the development of the rules with different emphases in different cases. In some cases the ground of decision is that the . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 December 2022; Ref: scu.181874

Ward v Weeks: 1830

Complaint was made as to the publication of defamatory words addressed to one Bryce who ‘without any authority from the defendant’ repeated the same to Bryer. It was the repetition and not the original statement which ‘occasioned the Plaintiffs damage’.
Held: The plaintiff was non-suited. Tindal CJ: ‘Every man must be taken to be answerable for the necessary consequences of his own wrongful acts: but such a spontaneous and unauthorised communication cannot be considered as the necessary consequence of the original uttering of the words. For no effect whatever followed from the first speaking of the words to Bryce; if he had kept them to himself Bryer would still have trusted the plaintiff. It was the repetition of them by Bryce to Bryer, which was the voluntary act of a free agent, over whom the defendant had no control, and for whose acts he is not answerable, that was the immediate cause of the plaintiff’s damage.’

Judges:

Tindal CJ

Citations:

(1830) 7 Bing 211

Jurisdiction:

England and Wales

Cited by:

Explained – McManus and others v Beckham CA 4-Jul-2002
The claimant sought damages from the defendant who was a pop star, and had vociferously, publicly, and wrongly accused the claimant of selling pictures with fake autographs of her husband. The defendant obtained an order striking out the claim on . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 06 December 2022; Ref: scu.181254

Deane v Clayton: 1817

Citations:

(1817) 7 Taunt 489

Jurisdiction:

England and Wales

Cited by:

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

Animals

Updated: 06 December 2022; Ref: scu.181262

United Bank Ltd v Akhtar: 1989

An employer’s express right to transfer an employee may be qualified by the obligation of mutual trust and confidence.

Citations:

[1989] IRLR 507

Jurisdiction:

England and Wales

Cited by:

Cited – Johnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 06 December 2022; Ref: scu.182113

Director of Public Prosecutions v Billington: 1988

Citations:

(1988) 87 Cr App R 68

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Inner London Justices ex parte Cukic Admn 1-Sep-1995
The applicant sought judicial review of the refusal of the magistrates to state a case for him to appeal to the High Court. He had been convicted of failing to provide a specimen of breath for analysis. The magistrates considered the request . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.181211

Cruzan v Director, Missouri Department of Health: 1990

Citations:

(1990) 110 S Ct 2841

Jurisdiction:

United States

Cited by:

Cited – Airedale NHS Trust v Bland FD 19-Nov-1992
The patient had suffered catastrophic injuries in 1989, leaving him in a persistent vegetative state (PVS). The doctors sought leave to discontinue life maintaining treatment and medical support. The inevitable result would be his death. The . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 06 December 2022; Ref: scu.181200

Donmar Productions Ltd v Bart (Note): 1967

Citations:

[1967] 1 WLR 740, [1967] 2 All ER 338

Jurisdiction:

England and Wales

Cited by:

Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 December 2022; Ref: scu.181208

In re Britford Common: 1977

Citations:

[1977] 1 WLR 39, [1977] 1 All ER 532

Jurisdiction:

England and Wales

Cited by:

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

Land

Updated: 06 December 2022; Ref: scu.181346

Keene v Ward: 1849

Citations:

(1849) 13 QB 513

Jurisdiction:

England and Wales

Cited by:

Cited – Ralph Hume Garry (a Firm) v Gwillim CA 22-Oct-2002
The appellant sought to have struck out the claimant’s action to recover their costs having represented him. He said that the detail in the bill was so deficient as not to comply with the requirements of the Act.
Held: Though the detail given . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 06 December 2022; Ref: scu.182392

Rama Corporation Limited v Proved Tin and General Investment Limited: QBD 1952

The court considered the doctrine of ostensible authority as regards the actions of a single director of a company, identifying three essential elements.

Judges:

Slade J

Citations:

[1952] 2 QB 147

Jurisdiction:

England and Wales

Cited by:

Cited – Ellis Tylin Limited (Now Known As Dalkia Technical Services Limited v Co-Operative Retail Services Limited TCC 8-Mar-1999
The claimant entered into a contract to provide maintenance to the defendant’s plant. Agents of the defendant did not have authority to enter in to a contract on their behalf. The contract was repudiated by the claimants in ceasing work, and that . .
Cited – Hill Street Services Company Ltd v National Westminster Bank Plc and Burjor Mistry ChD 19-Oct-2007
The claimant company said that the bank had allowed money to be removed from its account without authority. Originally it said the second defendant, its former director had authrised the payments. On the second defendant denying this, the company . .
Lists of cited by and citing cases may be incomplete.

Company, Agency

Updated: 06 December 2022; Ref: scu.181229

Hopkins v Baird: 1920

An action for recovery of money lent for gambling is maintainable, save only for the statutory prohibitions.

Citations:

1920 2 SLT 94

Jurisdiction:

Scotland

Cited by:

Cited – Robertson v Anderson IHCS 5-Dec-2002
The parties had agreed to share any winnings from their Bingo activities. One sought to reject the contract as an unenforceable gaming contract.
Held: The contention was rejected. It had been suggested that there had been no intention to . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 December 2022; Ref: scu.181872

Regina v Bruce: 1847

Citations:

(1847) 2 Cox CC 262

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Brown (Anthony); Regina v Lucas; etc HL 11-Mar-1993
The appellants had been convicted of assault, after having engaged in consensual acts of sado-masochism in which they inflicted varying degreees of physical self harm. They had pleaded guilty after a ruling that the prosecution had not needed to . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.182264

Commercial Union Life Assurance Co Ltd v Moustafa: 1999

A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the landlord contended that there had been good service under section 23(1) of the 1927 Act.
Held: The court preferred the approach in Galinski v McHugh

Judges:

Smedley J

Citations:

[1999] 2 EGLR 44

Statutes:

Landlord and Tenant (Covenants) Act 1995 17

Jurisdiction:

England and Wales

Citing:

Preferred – Galinski v McHugh 5-Oct-1988
A landlord’s notice under section 4 of the Landlord and Tenant Act 1954 had been served on the tenant’s solicitors, who had confirmed that they had authority to accept service. Later the tenant challenged the validity of the service.
Held: . .
Cited – Railtrack Plc v Gojra and Gojra CA 28-Nov-1997
The tenant served two notices under the Act.
Held: The tenant’s application was out of time. If the first notice was valid, a later notice did not act to restart time running and the application for a new tenancy had to be begun within four . .

Cited by:

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

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.182410

McPhee v Heatherwick: 1 Jul 1976

(Glasgow Sheriff Court) The court asked whether, when a prior action had been disposed of by dismissal, it was or was not always open to a pursuer to raise a new action.
Held: The defender’s plea of res judicata was sustained.

Judges:

Sheriff Macphail

Citations:

1977 SLT (Sh Ct) 46

Jurisdiction:

Scotland

Cited by:

Cited – Mark George Thomson v Michael Coutts ScSf 1-Jun-2001
The pursuer sought damages, and the defender asserted res judicata, in that this was in effect an attempt by the pursuer to recover his damages in instalments. Following an accident, damages had been awarded. The pursuer now sought to recover his . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 06 December 2022; Ref: scu.181289

Forgie v Henderson: 1818

The pursuer was assaulted by the defender. During part of his resulting illness he received an allowance from a friendly society.
Held: In charging the jury, the Lord Chief said ‘I do not think that you can deduct the allowance from the Society, as that is of the nature of an insurance, and is a return of money paid’

Judges:

Lord Chief Commissioner Adam

Citations:

(1818) 1 Murray 413

Jurisdiction:

Scotland

Cited by:

Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Lists of cited by and citing cases may be incomplete.

Damages

Updated: 06 December 2022; Ref: scu.181850

Palmer v Trower: 1852

Evidence is not admissible to contradict answers given by a witness to questions put in cross-examination which concern collateral matters, ie matters which go merely to credit but which are otherwise irrelevant to the issues in the case.

Citations:

(1852) 8 Exch 247

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Somers CACD 2-Dec-1998
The defendant appealed a conviction for theft from his employer. There were burglaries in circumstances which suggested help from within the company. The defendant now appealed the non-admission of evidence showing a co-worker had been soliciting . .
Lists of cited by and citing cases may be incomplete.

Evidence

Updated: 06 December 2022; Ref: scu.182087

Astea (UK) Ltd v Time Group Ltd: TCC 9 Apr 2003

The question of whether a reasonable time has been exceeded in performance of a contract is ‘a broad consideration, with the benefit of hindsight, and viewed from the time at which one party contends that a reasonable time for performance has been exceeded, of what would, in all the circumstances which are by then known to have happened, have been a reasonable time for performance. That broad consideration is likely to include taking into account any estimate given by the performing party of how long it would take him to perform; whether that estimate has been exceeded and, if so, in what circumstances; whether the party for whose benefit the relevant obligation was to be performed needed to participate in the performance, actively, in the sense of collaborating in what was needed to be done, or passively, in the sense of being in a position to receive performance, or not at all; whether it was necessary for third parties to collaborate with the performing party in order to enable it to perform; and what exactly was the cause, or were the causes of the delay to performance. The list is not intended to be exhaustive. ‘

Judges:

His Honour Judge Richard Seymour QC

Citations:

[2003] EWHC 725 (TCC), [2003] All ER (D) 212, [2007] Lloyds Rep PN 21

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hick v Raymond and Reid HL 1893
The House was asked whether the consignee of a cargo was in breach of a contractual obligation to discharge the relevant vessel within a reasonable time, that is to say, a single obligation to do something within a reasonable time, rather than an . .
Cited – Charles Rickards Ltd v Oppenheim CA 1950
A buyer of a Rolls-Royce motor chassis agreed for a body to be built upon it by a fixed date. The body was not completed by that date, but after pressing for delivery, he gave a notice that unless delivery of the car with a completed body was . .
Cited – Universal Cargo Carriers Corporation v Citati 1957
The shipowners had cancelled a voyage charter-party because no cargo had been provided. The court asked what delay could lead to a claim for a repudiatory breach of a contract. Devlin J said: ‘This case gives rise to a difficult question. How long . .
Cited – Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd CA 20-Dec-1961
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, . .
Cited – Latvian Shipping Company and Others v Stocznia Gdanska Sa CA 21-Jun-2002
A payment condition was just that and that a failure to pay entitled the seller to terminate at common law. Rix LJ said: ‘It is established law that, where one party to a contract has repudiated it, the other may validly accept that repudiation by . .
Cited – Rightside Properties Ltd v Gray ChD 1975
The vendor had served an invalid notice to complete on the purchaser. When the purchaser did not comply with the notice the vendor purported to terminate the contract by accepting the purchaser’s alleged repudiation. Walton J held that it was in . .
Cited – Dimsdale Developments (South East) Ltd v De Haan 1983
The court considered the interpretation of clauses allowing a notice to complete a contract for the sale of land. Godfrey QC said: ‘In my judgment this notice, served as it was under cover of the letter of November 10, 1981, referring to the . .
Cited – Country and Metropolitan Homes Surrey Ltd v Topclaim Ltd 1996
The issue was the proper construction and effect of condition 6.8 of the Standard Conditions of Sale, 2nd edition, in relation to the giving of a notice to complete a contract for the sale of land.
Held: The condition provided exclusively for . .
Cited – McDonald v Dennys Lascelles Ltd 1-Mar-1933
(High Court of Australia) ‘When a party to a simple contract, upon breach by the other contracting party of a condition of the contract, elects to treat the contract as no longer binding upon him, the contract is not rescinded as from the beginning. . .
Cited – Modern Engineering (Bristol) Ltd v Gilbert Ash (Northern) Ltd HL 1974
The court considered how to construe a clause in a contract which excluded a remedy provided by law. Lord Diplock said: ‘It is, of course, open to parties to a contract . . to exclude by express agreement a remedy for its breach which would . .
Cited – Hyundai Heavy Industries Co Ltd v Papadopoulos HL 1980
A shipbuilding contract provided that the second instalment of the contract price should be payable on a day certain. It gave the builders the right to rescind the contract in the event of non-payment. The buyers failed to pay the second instalment, . .
Cited – Cullinane v British ‘Rema’ Manufacturing Co Ltd CA 1954
The court considered the possibility of a claim in breach of contract for damages for both capital loss and loss of profit.
Lord Evershed MR said: ‘It seems to me, as a matter of principle, that the full claim of damages in the form in which . .
Cited – South West Water Services Ltd v International Computers Ltd 29-Jun-1999
The court looked at an allegation that there had been a total failure of consideration: ‘In my view the hardware did not have any significant value to SWW in itself (except for a minimal second hand value). Equally I am satisfied that the customer . .
Cited – Bank of Boston Connecticut v European Grain and Shipping Ltd (‘The Dominique’) HL 1989
A shipping company and a shipper responsible for the freight disputed the effect of their contract. The ship was duly loaded with its cargo and set out for the voyage from India to Europe. The bills of lading were signed. When the ship called at . .

Cited by:

Cited – Peregrine Systems Ltd v Steria Ltd CA 14-Mar-2005
The claimant provided computer software to the defendants. The defendants appealed dismissal of their defences arguing that the system had failed.
Held: No repudiatory breach was established, and moreover Steria had elected to affirm the . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Contract

Updated: 06 December 2022; Ref: scu.180764

Lord and Another v Jessop: CA 21 Apr 1999

The defendant appealed an award of damages for breach of a covenant for quiet enjoyment. He said there had been a licence only.
Held: The defendant was not to be allowed to admit fresh evidence on appeal. Appeal dismissed.

Citations:

[1999] EWCA Civ 1228

Jurisdiction:

England and Wales

Citing:

Applied – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 06 December 2022; Ref: scu.146143

Wright v Freeway Haulage Limited: CA 22 Apr 1999

A collision occurred between a heavy lorry and a motor car travelling in the opposite direction: ‘I am not, however, persuaded that the judge was correct to conclude that the speed of this very wide articulated lorry and its load made no causative contribution to the accident. [A finding of excessive speed had been made.] It is a short point. But, in my view, to drive a lorry with a 15 ft 6 ins wide load at or approaching 50 miles per hour on a bend of a single carriageway which was nearly 4 ft narrower than the load was negligent, and the negligence contributed to the accident. Driving more slowly would have enabled Mr Mangan to manoeuvre more carefully and would also have given the oncoming drivers, including but not limited to the plaintiff, a greater opportunity to take any necessary evasive action safely.’

Judges:

May LJ

Citations:

[1999] EWCA Civ 1233

Jurisdiction:

England and Wales

Cited by:

Cited – Puffett (A Minor) v Hayfield CA 16-Dec-2005
The defendant appealed from a finding that she had been driving too quickly when a child ran out between parked cars in front of her and was hit. The judge found that she must have been driving at 28mph or more.
Held: ‘I am not prepared to . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Road Traffic

Updated: 06 December 2022; Ref: scu.146148

Jenkins v Holt: CA 22 Apr 1999

Where two drivers had collided, and each could have avoided injury, if they had seen the other, it made little sense other than to find equal liability. Bad driving by one did not make him entirely responsible, if each could have avoided a collision.

Citations:

Times 27-May-1999, [1999] EWCA Civ 1240

Jurisdiction:

England and Wales

Personal Injury

Updated: 06 December 2022; Ref: scu.146155

Watson, Bradford City Association Football Club (1983) Limited v Gray, Huddersfield Town Association Football Club Limited: CA 22 Apr 1999

The first claimant succeeded in claiming damages against the first and second defendants. He had been a professional footballer injured in a negligent tackle by the first defendant. The tackle was outside the range acceptable within the sport. The decision of the judge at first instance had been an assessment of the facts. As such it was not for re-opening by the Court of Appeal.

Citations:

[1999] EWHC Admin 341

Jurisdiction:

England and Wales

Personal Injury, Negligence

Updated: 06 December 2022; Ref: scu.139605

Regina v Common Professional Examination Board ex parte Mealing-Mcleod: CA 21 Apr 1999

Citations:

[1999] EWCA Civ 1224

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Common Professional Examination Board ex parte Sally Mealing-Mcleod Admn 4-Nov-1997
The claimant challenged decisions taken as to the extension of time to allow her to pass the Common Professional Examination to become a member of the Bar. An application had some time before made for an oder under the 1981 Act. There was no taint . .
See Also – Regina v ex parte Mealing-Mcleod CA 18-Feb-1999
Formal order acknowledging settlement in favour of the applicant. . .
See Also – Regina v Common Professional Examination Board (ex parte Sally Mealing Mcleod) Admn 19-Apr-1999
. .

Cited by:

See Also – Mcleod v Common Professional Examination Board SCCO 13-Mar-2000
. .
See Also – Regina v Common Professional Examination Board, Ex Parte Mealing-Mcclead CA 19-Apr-2000
A party was required to pay money into court before pursuing an appeal. She borrowed money for this purpose but on the express condition that it should be used for this purpose only and was not to become part of her general assets. The money was . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 06 December 2022; Ref: scu.146139

Fairline Shipping Corp v Adamson: 1975

The plaintiffs sued the defendant, a director of a warehousing company, for the negligent storage of perishable goods. The contract was between the plaintiff and the company.
Held: The director was personally liable, because he wrote to the customer, and rendered an invoice, creating the clear impression that he was personally answerable for the services. If he had chosen to write on company notepaper, and rendered an invoice on behalf of the company, the necessary factual foundation for finding an assumption of risk would have been absent.

Citations:

[1975] Q B 180

Jurisdiction:

England and Wales

Company

Updated: 06 December 2022; Ref: scu.180463

Regina v Adams: 8 Apr 1957

Judges:

Devlin J

Citations:

(Unreported), 8 April 1957

Jurisdiction:

England and Wales

Cited by:

Cited – Airedale NHS Trust v Bland HL 4-Feb-1993
Procedures on Withdrawal of Life Support Treatment
The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.180319

McNaughten’s Case: 1843

Citations:

(1843) 10 CI andF 200

Jurisdiction:

England and Wales

Cited by:

Cited – George Moore v The State PC 29-Jan-2001
(Trinidad and Tobago) The defendant appealed a conviction for murder. It was said the judge misdirected the jury on the defence of insanity, drawing a false distinction between medical and legal insanity. Though attempts had been made to cure the . .
Cited – Regina v Antoine HL 30-Mar-2000
The appellant sought to argue that despite having been found unfit to plead under the 1964 Act, it was still open to him to argue that the defence under section 2 of the 1957 Act applied, and that he was entitled to be plead diminished . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 December 2022; Ref: scu.180927

Phoebus D Kyprianou Coy v Wm H Pim Jnr and Co Ltd: 1977

Buyers under a contract are entitled ‘to opt for clarity and certainty if they choose, by waiting until the end of the shipment period’, even though it may be clear that the sellers are in default, rather than allowing themselves to have to declare default following an earlier and possibly curable breach. The sellers were entitled to damages in the ordinary way i.e. based on the difference between the contract prices and the appropriate market price because clause 17(a) contained no option in the sense of an irrevocable election but merely a choice of remedies. While the buyers were in breach before the end of each shipment period they were not entitled to have damages assessed by reference to such earlier dates because (i) the breaches were not breaches of condition and even if they were the sellers were entitled to treat the contract as subsisting; and (ii) the sellers were entitled to wait until the end of each shipment period when the buyers were certainly and irretrievably in default and have damages assessed by reference to that date.

Judges:

Kerr J

Citations:

[1977] 2 Lloyds Rep 570

Jurisdiction:

England and Wales

Cited by:

Cited – Fleming and Wendeln Gmbh and Co v Sanofi Sa/Ag ComC 20-Mar-2003
The parties concluded a contract for the sale and purchase of 20,000MT up to 30,000MT at Sellers’ option Russian/Ukrainian black sunseed crop 1997. The price was to ‘be fixed for each shipment latest 15 days prior delivery . . In case . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 December 2022; Ref: scu.180031

Sir Anthony Earby’s case: 1633

The liability to be rated rests upon the occupier of the property concerned. Assessments under the Act ought to be made according to the visible estate of the inhabitants there, both real and personal.

Citations:

(1633) 2 Bulst 354

Statutes:

Poor Relief Act 1601

Jurisdiction:

England and Wales

Cited by:

Cited – Cinderella Rockerfellas Ltd v Rudd (Valuation Officer) CA 11-Apr-2003
The taxpayer appealed against a rating assessment on a barge permanently moored at a riverbank. He claimed that as a chattel, it should not be rated.
Held: The vessel was a chattel, but its occupation could be an occupation of the riverbed. . .
Lists of cited by and citing cases may be incomplete.

Rating

Updated: 06 December 2022; Ref: scu.181040

Modern Building Wales Ltd v Limmer and Trinidad Co Ltd: CA 1975

Where a contract incorporates by reference the terms of another document, the incorporating contract will usually prevail over the terms of document incorporated.
Buckley LJ said, ‘if any of the imported terms in any way conflict with the expressly agreed terms, the latter must prevail over what would otherwise be imported’

Judges:

Buckley LJ

Citations:

[1975] 1 WLR 1281, [1975] 2 All ER 549

Jurisdiction:

England and Wales

Cited by:

Cited – Inverclyde Council v Wilson and 10 Others EAT 5-Sep-2001
The complainants were local authority manual workers. The ‘blue book’ governing their terms required contracts to be for 37 hours unless justified otherwise, and for hours above that to be paid at overtime rates. These employees had contracts at 39 . .
Cited – Taylor v Rive Droite Music Ltd ChD 6-Jul-2004
The claimant music producer and songwriter had entered into a publishers agreement with the defendant, agreeing to work for it. He now sought to be free to work for another company. The factual background was unclear, and the contract documentation . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 06 December 2022; Ref: scu.180930

Swaby v the Queen (Bahamas): PC 22 Dec 1997

The applicant appealed a conviction for murder, attempted murder and robbery. He had given a confession, and had been identified by eye witnesses. He applied for other statements to be admitted, but this was refused at trial. He claimed that the admission was involuntary and inadmissible. The police denied that he had been beaten, but evidence was brought, including from the magistrate who first saw him, that he had been beaten.
Held: The crown failed to discharge the burden on them to establish that the admissions were given voluntarily. Without the admission, there was no sufficient other evidence.

Judges:

Lord Goff of Chieveley Lord Lloyd of Berwick Lord Nolan Lord Hope of Craighead

Citations:

[1997] UKPC 68, [1997] UKPC 68

Links:

Bailii

Jurisdiction:

England and Wales

Crime

Updated: 06 December 2022; Ref: scu.159281

Merivale Moore Plc; Merivale Moore Construction Limited v Strutt and Parker (a Firm): CA 22 Apr 1999

An agent valuing a commercial property and estimating the return to be obtained without qualification, was responsible in damages where the clients would not have proceeded on properly qualified advice. The process of valuation does not admit of precise conclusions, and thus that the conclusions of competent and careful valuers may differ, perhaps by a substantial margin, without one of them being negligent. The court first tests whether the case falls outside the range of proper valuations, the ‘bracket’. The bracket is not to be determined in a mechanistic way, divorced from the facts of the instant case.

Judges:

Buxton LJ

Citations:

Times 05-May-1999, Gazette 12-May-1999, [1999] 1 EGLR 171, [1999] EWCA Civ 1239, [2000] PNLR 498

Jurisdiction:

England and Wales

Citing:

Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .

Cited by:

Cited – Lloyds TSB Bank Plc v Edward Symmons and Partners TCC 12-Mar-2003
The defendants had carried out a survey and valuation for the claimants, who now sought damages alleging that the valuer had miscalculated the area of the premises, omitting certain areas which would affect the value.
Held: In order to make . .
Cited – Goldstein v Levy Gee ( A Firm) ChD 1-Jul-2003
There had been a dispute between shareholders, and the defendant was called upon to value the company. He issued a tender for valuers to value the properties. Complaint was made that the tender was negligent in its description of the basis for . .
Cited – Curry’s Group Plc v Martin QBD 13-Oct-1999
The valuer valued a lease for a rent review clause, after advice, on the basis that the rent stated was to be a headline rent. The claim was dismissed because a valuer acting in such a situation was not substantially different from one undertaking a . .
Cited – Roger Michael and others v Douglas Henry Miller and Another ChD 22-Mar-2004
Property had been sold by the respondents as mortgagees in possession. The claimants said the judge had failed to award the value of the property as found to be valued, and had not given a proper value to a crop of lavender.
Held: In . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence

Updated: 06 December 2022; Ref: scu.146154

Watkins v British Medical Associaton (Trade Union Rights): EAT 6 Apr 2021

The decision of a trade union’s Certification Officer, responding to a number of complaints about the treatment of a disciplinary complaint, was not erroneous in law. There was no error in the application of the relevant disciplinary rules, and the process was not rendered cumulatively unfair by reason of a number of matters including a possibility that a disciplinary panel had seen prejudicial material.
There was however an error of law in the Certification Officer’s assessment of a complaint about whether the treatment of another disciplinary matter was consistent with the rules of the trade union. A rule requiring that disciplinary action ‘should not be used to stifle constructive debate or deter members from seeking election’ could be engaged whether or not there was any intention for the action to have that effect.

Citations:

[2021] UKEAT 0125 – 20 – 0604

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 06 December 2022; Ref: scu.661712

Yolo (Trade Mark: Opposition): IPO 26 Sep 2019

Section 3(1) Descriptiveness / Distinctiveness – Devoid of character – slogans
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Conceptual distinctions
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Imperfect recollection
Sections 5(1), 5(2) and 5(3) Likelihood of Confusion – State of the register

Citations:

[2019] UKIntelP o57019

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 06 December 2022; Ref: scu.661114

Next Level (Trade Mark: Opposition): IPO 8 Jul 2019

Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Distinctive and dominant components
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Composite word marks
Sections 5(1), 5(2) and 5(3) Earlier Trade Marks – Conceptual distinctions
Sections 5(1), 5(2) and 5(3) Dilution Cases – Link

Citations:

[2019] UKIntelP o37919

Links:

Bailii

Jurisdiction:

England and Wales

Intellectual Property

Updated: 06 December 2022; Ref: scu.660997

Northbay Pelagic Ltd v Anderson (Unfair Dismissal): EAT 28 Jan 2021

Unfair Dismissal
The Respondent appealed the Tribunal’s decision that the Claimant had been unfairly dismissed. The Tribunal had concluded that having regard to s. 98 of the Employment Rights Act 1996 the Respondents decision to dismiss fell outside the band of reasonable responses. On Appeal the Respondent argued that the Tribunal had fallen into a substitution mind-set. Held (1) that the Respondent had not adopted a substitution mind-set but in respect of one of the grounds of dismissal had failed to recognise that the Claimant who was both an employee and director of the Respondent, had participated in a meeting with fellow directors where a decision had been taken that he should not take a particular course of action and that such a decision was in law binding on him. In this situation it was not open to him to disobey the instruction notwithstanding his personal wish to do so; (2) that while there were dangers in relying on a written statement given by a witness in lieu of attending the tribunal such evidence was in principle admissible even when it had been taken by the HR consultant who conducted the disciplinary hearing. Where, as here, the statement had been taken for the purposes of another disciplinary matter the statement could not be said to transgress the ACAS Code and in any event the circumstances did not disclose any risk of unfairness; (3) that while the Tribunal’s conclusion that the outcome of the disciplinary process had been pre-determined by a senior manager of the Respondent might be thought open to doubt, in the absence of any challenge to the Tribunal’s conclusion it was not open to the EAT to disturb the Tribunal’s conclusion to that effect; and (4) that the Tribunal was entitled to reject the Respondent’s conclusion that the Claimant had breached the law in installing a covert camera in his office while he was suspended from duty.

Citations:

[2021] UKEAT 00029 – 18 – 2801

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 06 December 2022; Ref: scu.661685

Beben v Revenue and Customs (Fixed and Daily Penalties for Late Filing): FTTTx 30 Nov 2020

Income tax – fixed and daily penalties for late filing of self-assessment return – Appellant asserts that she relied on an agent to file the return, that her knowledge of English is limited and that she was unaware of her obligations – whether reasonable excuse – no – appeal refused

Citations:

[2020] UKFTT 485 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 06 December 2022; Ref: scu.661798

Gammell v Revenue and Customs (Income Tax – Enhanced Pension Protection): FTTTx 24 Feb 2021

INCOME TAX – ENHANCED PENSION PROTECTION — application made years late – reasonable excuse accepted by HMRC but post excuse delay alleged – taxpayer remained reliant on advice – objectively reasonable – reasonable excuse found – appeal allowed

Citations:

[2021] UKFTT 49 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 06 December 2022; Ref: scu.661759

Devon and Cornwall Police v Town (Sex Discrimination): EAT 10 Sep 2020

The Claimant was a police officer who was transferred from her Response Team to the Crime Management Hub after she became pregnant. There had been a risk assessment indicating that she could safely remain with the Response Team if certain adjustments were made but the Devon and Cornwell Police had a general policy that police officers on restricted duties would be transferred to the Hub and the risk assessment was ignored. The ET found that the police had discriminated against her (a) on grounds of pregnancy under section 18 EqA 2010 and (b) indirectly on grounds of her sex under section 19, on the basis that women were more susceptible to enforced transfer under the policy because pregnancy ( as well as ill health) would lead to the application of the policy.
The police appealed saying (a) that the relevant treatment for the purpose of section 18 was removing her from danger and was not therefore unfavourable and (b) that any ‘particular disadvantage’ under section 19 was suffered by pregnant women and not women in general.
The appeal failed on both grounds:
(a) The treatment of which the Claimant complained was not that she had been removed from danger but that she had been transferred to the Hub which she did not want and which made her ill. The ET had found as facts that this treatment was unfavourable and that it was because she was pregnant.
(b) It was not necessary for the purpose of section 19 that all women suffered from the particular disadvantage if women as a group were more likely to be subject to an enforced transfer because of the PCP

Citations:

[2020] UKEAT 0194 – 19 – 1009

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 06 December 2022; Ref: scu.661652

Wormald v Ahmed: QBD 21 Apr 2021

Dispute about whether a Part 36 settlement offer that was accepted can later be withdrawn and whether the settlement should be approved by the court. The facts were unusual and raise some novel questions as to the application of Part 36 of the Civil Procedure Rules to protected parties or children.

Judges:

Ms Clare Ambrose

Citations:

[2021] EWHC 973 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice

Updated: 06 December 2022; Ref: scu.662150

Bentley v Revenue and Customs (Income Tax – Follower Notices – Necessary Corrective Action Not Taken): FTTTx 8 Jan 2021

INCOME TAX – follower notices – necessary corrective action not taken – penalties for that failure – not reasonable in all the circumstances not to have taken corrective action – penalties reduced – appeal allowed to that extent

Citations:

[2021] UKFTT 5 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Income Tax

Updated: 06 December 2022; Ref: scu.661729

Fylde Coast Farms Ltd, Regina (on The Application of) v Fylde Borough Council: SC 14 May 2021

Single short point about the interpretation and effect of section 61N of the Town and Country Planning Act 1990 (‘the TCPA’), which is headed ‘Legal challenges in relation to neighbourhood development orders’.

Judges:

Lord Lloyd-Jones, Lord Briggs, Lady Arden, Lord Sales, Lord Stephens

Citations:

[2021] UKSC 18

Links:

Bailii, Bailii Press Summary, Bli Issues and Facts

Jurisdiction:

England and Wales

Planning

Updated: 06 December 2022; Ref: scu.662464

Regina v Common Professional Examination Board (ex parte Sally Mealing Mcleod): Admn 19 Apr 1999

Citations:

[1999] EWHC Admin 317

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Regina v Common Professional Examination Board ex parte Sally Mealing-Mcleod Admn 4-Nov-1997
The claimant challenged decisions taken as to the extension of time to allow her to pass the Common Professional Examination to become a member of the Bar. An application had some time before made for an oder under the 1981 Act. There was no taint . .
See Also – Regina v ex parte Mealing-Mcleod CA 18-Feb-1999
Formal order acknowledging settlement in favour of the applicant. . .

Cited by:

See Also – Regina v Common Professional Examination Board ex parte Mealing-Mcleod CA 21-Apr-1999
. .
See Also – Mcleod v Common Professional Examination Board SCCO 13-Mar-2000
. .
See Also – Regina v Common Professional Examination Board, Ex Parte Mealing-Mcclead CA 19-Apr-2000
A party was required to pay money into court before pursuing an appeal. She borrowed money for this purpose but on the express condition that it should be used for this purpose only and was not to become part of her general assets. The money was . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 06 December 2022; Ref: scu.139581

Regina v Common Professional Examination Board ex parte Sally Mealing-Mcleod: Admn 4 Nov 1997

The claimant challenged decisions taken as to the extension of time to allow her to pass the Common Professional Examination to become a member of the Bar. An application had some time before made for an oder under the 1981 Act. There was no taint of vexation in this application.

Judges:

Sedley J

Citations:

[1997] EWHC Admin 969

Links:

Bailii

Statutes:

Supreme Court Act 1981

Jurisdiction:

England and Wales

Cited by:

Appeal From – Regina v ex parte Mealing-Mcleod CA 18-Feb-1999
Formal order acknowledging settlement in favour of the applicant. . .
See Also – Regina v Common Professional Examination Board (ex parte Sally Mealing Mcleod) Admn 19-Apr-1999
. .
See Also – Regina v Common Professional Examination Board ex parte Mealing-Mcleod CA 21-Apr-1999
. .
See Also – Mcleod v Common Professional Examination Board SCCO 13-Mar-2000
. .
See Also – Regina v Common Professional Examination Board, Ex Parte Mealing-Mcclead CA 19-Apr-2000
A party was required to pay money into court before pursuing an appeal. She borrowed money for this purpose but on the express condition that it should be used for this purpose only and was not to become part of her general assets. The money was . .
Lists of cited by and citing cases may be incomplete.

Legal Professions

Updated: 06 December 2022; Ref: scu.137914

Highland Council (Formerly Ross and Cromarty District Council) v Patience and Others (Scotland): HL 14 Nov 1996

Local Authority tenants sought to exercise their statutory right to purchase their council house. The third defendant had registered against the title a right of pre-emption protecting a feu charter registered in the Registry of Sasines.
Held: A Local Authority could sell a house to a secure tenant despite a feu charter on the title giving a right of pre-emption. The right to buy was akin to a compulsory purchase. The procedure involved clearly suggested that the tenant’s right to buy must be unimpeded.

Judges:

Lord Goff of Chieveley, Lord Griffiths, Lord Mustill, Lord Steyn, Lord Clyde

Citations:

Times 09-Jan-1997, [1996] UKHL 7

Links:

House of Lords, Bailii

Statutes:

Housing (Scotland) Act 1987

Jurisdiction:

Scotland

Citing:

Cited – Kirkness v John Hudson and Co Ltd HL 1955
Viscount Simonds said: ‘the beliefs or assumptions of those who frame Acts of Parliament cannot make the law’. While subsequent legislation could resolve ambiguity in earlier legislation, it could only do so where the subject of the subsequent . .
Cited – Henderson v City of Glasgow District Council 1994
. .
Lists of cited by and citing cases may be incomplete.

Housing, Local Government, Land, Registered Land

Updated: 06 December 2022; Ref: scu.135036

Glenister v Rowe: CA 21 Apr 1999

The claimant sued for breach of trust. The action was re-instated after being struck out for want of prosecution, but in the meantime the defendant had been made bankrupt and then discharged from bankruptcy. An order for costs was then made which the claimant now sought to enforce.
Held: The possibility of a future costs order was not a liability, contingent or otherwise, at the date of the bankruptcy and was therefore not a debt from which Mr Glenister’s discharge from bankruptcy released him. Under Order 62 Rule 3(2) the claimant had no right to recover the costs except under an order of the court. Whether or not to award costs was entirely in the discretion of the court. Unless and until the court exercised its discretion to make an award of costs, no debt of any kind existed. The making of an order for costs by a court could be seen as a contingency, in the sense of being something that might happen in the future, but it was not a contingent liability. Thorpe LJ said that a distinction had to be drawn between a liability and the risk of a liability.

Judges:

Thorpe LJ

Citations:

Gazette 19-May-1999, [1999] EWCA Civ 1221, [2000] Ch 76, [1999] 3 WLR 716, [1999] BPIR 674, [1999] 3 All ER 452

Links:

Bailii

Statutes:

Rules of the Supreme Court Ord 62 r3(2), Supreme Courts Act 1981 51

Jurisdiction:

England and Wales

Citing:

See Also – Rowe v Glenister and Others CA 7-Aug-1995
Mrs. Rowe sued Mr. Glenister for breach of trust. The judge struck out the action for the want of prosecution.
Held: A witness’s memory loss is not itself a sufficient reason to strike out an action for want of prosecution. A defendant seeking . .

Cited by:

Distinguished – Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine CA 11-Jun-2008
Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act . .
Cited – Casson and Another v The Law Society Admn 20-Oct-2009
Two solicitors had been made bankrupt and then discharged from bankruptcy. They suffered adjudications by the SDT awarding compensation for matters occurring before the bankruptcies. They appealed, saying that the awards were bankruptcy debts from . .
Applied – Steele, Regina (on the Application of) v Birmingham City Council and The Secretary of State for Work and Pensions CA 16-Dec-2005
The claimant had received an overpayment of benefits (Job seeker’s allowance), but then was made bankrupt. He now said that this was a debt in the bankruptcy.
Held: It was not. At the date of the bankruptcy order, the possible reclaim was not . .
Cited – McCartney and Unite The Union and Another v Nortel Networks UK Ltd (In Administration) ChD 22-Apr-2010
The administrators gave employees of the company notice of termination of their employment. Then administrators refused consent under para 43(6) to actions against the company in the Northern Ireland Industrial Tribunal for protective awards, unfair . .
Cited – In re T and N Ltd and Others, Re Insolvency Act 1986 ChD 14-Dec-2005
The court considered the case of Glenister and similar and said: ‘I accept the submission that these cases are not in point to the issue as regards future asbestos claims. There is no element of discretion as regards such claims. If the ingredients . .
Disapproved – In re Nortel Companies and Others SC 24-Jul-2013
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency.
Held: Liabilities which arose from financial support directions or contribution notices . .
Cited – BPE Solicitors and Another v Gabriel SC 17-Jun-2015
Application for directions in a pending appeal. The claimant alleged negligence against his former solicitors. After his successful claim was substantially overturned on appeal, he was made bankrupt.
Held: If the trustee adopted and pursued . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Costs

Updated: 06 December 2022; Ref: scu.80871

Tyler v Paul Carr Estate Agents: Misc 8 Sep 2020

Whether the Claimant was told he could not apply to view or rent three properties being marketed by the Defendant because he was on housing benefit or in receipt of ‘DSS benefits’. If the Claimant could establish the factual premise, the issue was whether it amounted to the application of a provision, criterion or practice and if it was indirectly discriminatory pursuant to s.19(2) of the Act.

Judges:

Her Honour Judge Stacey

Citations:

[2020] EW Misc 30 (CC)

Links:

Bailii

Statutes:

Equality Act 2020 19(2)

Jurisdiction:

England and Wales

Discrimination

Updated: 06 December 2022; Ref: scu.659384

South Tyneside Council (Local Government): ICO 22 Feb 2022

The complainant requested information, including an enforcement file, relating to a specified planning application. South Tyneside Council (the ‘Council’) handled the request under the EIR and provided some information with redactions for personal information. It withheld the remainder citing Regulation 12(5)(b) (course of justice). Following its internal review, the Council revised its position; it now said that no enforcement file was held in accordance with Regulation 12(4)(a) and that all information in scope of the request had been provided. The complainant confirmed she was not concerned with the redacted personal information, so the Commissioner has not considered this aspect any further. The Commissioner’s decision is that the Council was correct to handle this request under the EIR. He also finds that, on the balance of probabilities, the Council does not hold any further information in scope of the request. However, the Council also breached Regulation 5(2) of the EIR by failing to provide information within 20 working days, and Regulation 11(4) as it failed to provide an internal review within 40 working days. The Commissioner does not require the Council to take any steps to ensure compliance with the legislation.
EIR 11(4): Complaint upheld EIR 12(4)(a): Complaint not upheld EIR 5(2): Complaint upheld

Citations:

[2022] UKICO ic-109537

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 06 December 2022; Ref: scu.674924

Health and Safety Executive (Other): ICO 15 Sep 2021

The complainant requested information from the Health and Safety Executive (HSE) relating to modifications taking place at a specific oil site. By the date of this notice, the HSE had not provided a substantive response to the request. The Commissioner’s decision is that the HSE has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the HSE to take the following steps to ensure compliance with the legislation. – Issue a substantive response to the request in accordance with its obligations under the FOIA. The HSE must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
FOI 10: Complaint upheld

Citations:

[2021] UKICO IC-123444

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 06 December 2022; Ref: scu.669530

Petrotrade Inc and Others v Clive Stafford Smith and Others (No 1): ComC 19 Dec 1997

ComC Conflict of laws – Brussels Convention- Article 6(1) – joinder of defendants to an existing action – date of determination of domicile of the defendants- date of original issue of writ as date of joinder.

Judges:

Thomas J

Citations:

[1999] 1 WLR 457, [1998] 2 All ER 346, [1998] CLC 298, Times 08-Dec-1998

Jurisdiction:

England and Wales

International

Updated: 06 December 2022; Ref: scu.220832

High Speed Two Limited (Other): ICO 11 Nov 2021

The complainant has requested information about noise modelling in the Radstone area. High Speed Two Limited (‘HS2 Ltd’) released some information and withheld the remainder under regulation 12(4)(d) of the EIR (material in the course of completion). HS2 Ltd subsequently advised that it considers some of the withheld information also engages regulation 12(5)(e) (confidentiality of commercial or industrial information) and regulation 13 (personal data). The Commissioner’s decision is as follows: The information being withheld under only regulation 12(4)(d) of the EIR engages that exception but the public interest favours disclosure. The Commissioner requires HS2 Ltd to take the following steps to ensure compliance with the legislation: Disclose the withheld information having first redacted from it the information categorised as commercially sensitive information under regulation 12(5)(e), and personal data as appropriate.
EIR 12(4)(d): Complaint upheld

Citations:

[2021] UKICO ic-113345

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 06 December 2022; Ref: scu.675098

North East Ambulance Service Nhs Foundation Trust (Health): ICO 11 Oct 2019

In two requests, the complainant has requested information associated with North East Ambulance Service’s ambulance provision on a specific date, its deployment of vehicles, particular targets and a policy. With regard to request 1, North East Ambulance Service (NEAS) provided some information and confirmed it does not hold some of the information. NEAS relied on section 12(1) (cost exceeds appropriate limit) to refuse to comply with elements of part 2 of request 1 and a second request the complainant subsequently submitted. NEAS considered some information requested in part 2 of request 1 is exempt information under section 24(1) (national security) and/or section 40(2)(personal data), with the public interest favouring maintaining the section 24 exemption. NEAS subsequently withdrew its reliance on section 12(1) with regard to the second request. The Commissioner’s decision is as follows: NEAS has now complied with section 1(1) of the FOIA with regard to request 2 but breached section 10(1) as it did not comply with section 1(1) within the required timescale. NEAS can rely on section 12(1) of the FOIA to refuse to comply with elements of part 2 of request 1. NEAS has not breached section 16(1) of the FOIA with regard to this request. Some information falling within the scope of part 2 of request 1 is exempt information under section 24(1) of the FOIA and the public interest favours maintaining the exemption. Elements of the information falling within the scope of part 2 of request 1 are exempt information under section 40(2), including some of the elements also covered by the section 12(1) exemption. The Commissioner does not require NEAS to take any remedial steps.
FOI 10: Complaint upheld FOI 40: Complaint not upheld FOI 16: Complaint not upheld FOI 24: Complaint not upheld FOI 1: Complaint not upheld FOI 12: Complaint not upheld

Citations:

[2019] UKICO fs50821727

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 06 December 2022; Ref: scu.643505

Artegodan v Commission: ECFI 5 Sep 2001

Citations:

T-74/00

Jurisdiction:

European

Citing:

See Also – Artegodan v Commission ECFI 28-Jun-2000
. .
See Also – Commission v Artegodan and others ECJ 24-Jul-2003
. .
See Also – Commission v Artegodan and others (Order) ECJ 8-May-2003
. .

Cited by:

See Also – Artegodan v Commission ECFI 28-Jun-2000
. .
See Also – Commission v Artegodan ECJ 14-Feb-2002
False . .
See Also – Artegodan v Commission ECFI 26-Nov-2002
ECJ Medicinal products for human use – Community arbitration procedures – Withdrawal of marketing authorisations – Competence – Criteria for withdrawal – Anorectics: amfepramone, clobenzorex, fenproporex, . .
See Also – Commission v Artegodan and others (Order) ECJ 8-May-2003
. .
See Also – Commission v Artegodan and others ECJ 24-Jul-2003
. .
Lists of cited by and citing cases may be incomplete.

European

Updated: 06 December 2022; Ref: scu.173801

Thomas v Expansys UK Ltd: EAT 27 Jun 2022

SEX DISCRIMINATION, RACE DISCRIMINATION, and JURISDICTIONAL/TIME POINTS
The claimant brought various claims before the employment tribunal. The EJ struck out the claimant’s complaints of direct race and sex discrimination, harassment and victimisation. One issue raised on appeal was that the claimant was ‘put on the spot to define her case at the strike out hearing’ and that this put her at a disadvantage.
The EAT found no error of law in the decision to strike out nor perversity. The tribunal may decide to strike out if there was no causation pleaded in respect of the sole person who was alleged to have discriminated where there were several opportunities to do so. There were many missed opportunities for the claimant to clarify what her case was on this point, but she did not do so.

Citations:

[2022] EAT 164

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 06 December 2022; Ref: scu.683359

Ministry of Defence (Central Government) 121277: ICO 20 Oct 2022

The complainant submitted a request to the Ministry of Defence (MOD) seeking data used to calculate the costs and number of lost firing hours as a result of vandalism on Ash Ranges. The MOD provided a table containing the description of each incident, the dates each was reported the completion date of work, and where held, the number of firing hours lost. The MOD withheld the cost of each specific incident on the basis of section 43(2) (commercial interests) of FOIA. The Commissioner’s decision is that withheld information is exempt from disclosure on the basis of section 43(2) of FOIA and that in all the circumstances of the case the public interest favours maintaining the exemption.
FOI 43: Complaint not upheld

Citations:

[2022] UKICO 121277

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 06 December 2022; Ref: scu.683064

Hertfordshire County Council (Local Government): ICO 2 Nov 2021

The complainant requested information with regards to a development. Hertfordshire County Council (the council) provided information it held but refused some under regulation 12(5)(e) of the EIR – confidentiality of commercial or industrial information. The Commissioner’s decision is that regulation 12(5)(e) of the EIR is engaged. The Commissioner does not require the council to take any steps.
EIR 12(5)(e): Complaint not upheld

Citations:

[2021] UKICO ic-102500

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 06 December 2022; Ref: scu.675097

Vintners’ Company v Passey KB: 1756

A power vested in the master, and wardens, of a, company, by a by-law, to elect such, and so many, freemen, as they shall see meet, to be of the livery, to levy a penalty for refusal, and co, is legal, and cannot be used oppressively : any undue exercise of it being properly to be submitted on a plea of nil debet; and notice of a Court is not requisite to a member of the company.

Citations:

[1756] EngR 44, (1756) 1 Keny 500, (1756) 96 ER 1070

Links:

Commonlii

Jurisdiction:

England and Wales

Company

Updated: 06 December 2022; Ref: scu.377420