Claim for judicial review of a decision by the Folkestone Youth Court to commit the claimant SS to the Crown Court for trial.
Gage LJ, Rafferty J
[2007] EWHC 1293 (Admin)
England and Wales
Updated: 05 December 2022; Ref: scu.253302
[2007] EWCA Civ 123
England and Wales
Updated: 05 December 2022; Ref: scu.249238
Challenge to dcision to transfer social housing estates from local government to a housing association.
[2007] EWHC 771 (Admin)
England and Wales
Updated: 05 December 2022; Ref: scu.253465
Application to quash decision refusing retrospective plannig permission for use of land for stationing of gipsy caravans.
[2007] EWHC 1259 (Admin)
England and Wales
Updated: 05 December 2022; Ref: scu.253297
Challenge to grant of mining licence and demise of rights in coal.
[2007] EWHC 1189 (Admin)
England and Wales
Updated: 05 December 2022; Ref: scu.253562
Lloyd Jones J
[2007] EWHC 1529 (Admin)
England and Wales
Updated: 05 December 2022; Ref: scu.254337
The IPCC had directed the defendant to hold disciplinary proceedings against a constable, but the defendant having begun proceedings immediately stayed them.
Keith J
[2007] EWHC 1035 (Admin)
England and Wales
Updated: 05 December 2022; Ref: scu.252405
The Claimant, the London Fire and Emergency Planning Authority sought judicial review of decisions to allow the disciplinary appeals against its disciplinary awards of dismissal. Fire fighters employed by the Authority were dismissed by the Authority following serious breaches of the Authority’s rules on outside employment.
[2007] EWHC 1176 (Admin)
England and Wales
Updated: 05 December 2022; Ref: scu.253300
The plaintiff contracted with the defendant for the defendant to install equipment on the premises of one of the claimant’s subsidiaries. The equipment was to be used by the subsidiary. The equipment was defective and damage was suffered by the subsidiary in consequence. The claimant sought to recover in a breach of contract action the loss caused to its subsidiary.
Held: The claim was allowed. The Prudential Assurance case did not bar the action.
Judge Hicks QC said: ‘Each scheme was criticised by the proponents of the other. Neither had been designed in full detail, so acceptance of either is, to some extent, dependent, first, on a judgment as to the ability of the designer, with the assistance of the specialist knowledge of the relevant manufacturer and a contractor experienced in using the system, to devise suitable detailed treatment of all the potential trouble-spots and, second, on an assessment of the guarantees and bonds offered by the manufacturer and contractor. Since Soladex would be so much the cheaper, and cannot be said to be the more detrimental to the appearance of the buildings – I should have thought, if anything, the reverse – it must clearly be preferred unless the criticisms of its expected effectiveness are, taking the above considerations into account, made good on the balance of probabilities.’
Judge Hicks QC
[1998] 61 ConLR 85, [1995] 1 BCLC 260
England and Wales
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 . .
Cited – Iggleden v Fairview New Homes (Shooters Hill) Ltd TCC 1-Jun-2007
The claimants bought a newly built home from the defendants. Defects were alleged and admitted, but the defendants said the claimants had failed to mitigate their losses or accept offers to have work done. The claimants now sought leave to add . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.252497
Mr Justice Hughes
[2006] EWHC 329 (Admin)
England and Wales
Updated: 05 December 2022; Ref: scu.238770
The parties sought to establish a customary right to enter on land, erect a maypole and to dance around it, and otherwise to enjoy the land for innocent recreation at any time.
Held: The claim was good. A custom might be understood as a local law arising from the assent of the neighbourhood before time immemorial. A customary right over land must be compatible with appropriate seasonable use of the land by the owner.
Kelly CB, Cleasby B
(1875) 1 Ex D 1, [1875] 45 LJQB 50, [1875] 33 LT 697, [1875] 24 WR 58
England and Wales
Cited – Oxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.242334
The defendants sold Eau de Cologne labels which infringed the plaintiff’s trade marks. However they made it clear to the purchasing retailers that they were produced by them and not by the plaintiff, and had made no misrepresentation to the retailers; they were not deceived.
Held: An injunction was granted. The court explained the relationship between the law relating to trade marks and that of passing off. ‘But if it be stated that the Defendant is manufacturing that which is known to be the trade mark which the Plaintiff alone has the right to use, and the use of which on the goods of a third party would be a fraud upon the Plaintiff; and that the Defendant is selling such labels to anyone who asks for them, and is thus scattering over the world the means of enabling parties to commit frauds upon the Plaintiff, and that such frauds have been committed; that is, I think, a sufficient averment to entitle the Plaintiff to an injunction. The ground of the jurisdiction being fraud, if the Defendant be committing fraud, either by selling goods under the Plaintiff’s trade mark, or enabling others to do so by distributing the means of doing so, it cannot be said that this Court has no power to interfere by injunction to arrest the evil at its source, without compelling the Plaintiff to wait until the whole fraud is brought to a completion by the sale of the goods.’ The jurisdiction was based on fraud and an injunction would be granted to inter alia prevent the defendant from enabling passing-off.
Sir William Page Wood VC
(1855) 1 K and J 509
England and Wales
Cited – British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others CA 23-Jul-1998
Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.239047
The defendants had trampled the grass on a common which the owner had mowed, thrown the hay about and mixed some of it with gravel.
Held: The court considered the rights arising from land being declared to be a common: ‘The inhabitants have a right to take their amusement in a lawful way. It is supposed, because they have such a right, the plaintiff should not allow the grass to grow: there is no foundation in law for such a position. The rights of both parties are distinct, and may exist together. If the inhabitants come in an unlawful way, or not fairly, to exercise the right they claim of amusing themselves, or to use it in an improper way, they are not justified under the custom pleaded, which is a right to come into the close to use it in the exercise of any lawful games or pastimes, and are thereby trespassers.’
Heath J
(1798) 2 Esp 543, [1795] EngR 4032, (1795) 2 H Bl 393, (1795) 126 ER 614
England and Wales
See Also – Fitch v Rawling 1795
A common was claimed at Steeple Bumpstead in Essex for ‘all kinds of lawful games, sports and pastimes . . at all seasonable times of the year.’ including cricket.
Held: Rights of common over land can include the right of local inhabitants to . .
Cited – Oxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
Cited – Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another SC 3-Mar-2010
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.242329
[2004] EWHC 2880 (Pat)
England and Wales
Updated: 05 December 2022; Ref: scu.239309
[2006] EWCA Civ 349
England and Wales
Updated: 05 December 2022; Ref: scu.240091
[1986] 1 Ch 162
England and Wales
Cited – Kilby v Basildon District Council Admn 26-Jul-2006
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants.
Held: The powers to let on secure tenancies were governed by statute. The clause . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.244729
A claim was made that land was subject to a customary right for recreation.
Held: The right would be limited to ‘legal and reasonable times of year’ so as not to allow the user to deprive the landowner of all profits of the land.
(1740) Willes 202
England and Wales
Cited – Oxfordshire County Council v Oxford City Council and others HL 24-May-2006
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.242332
(1888) 37 Ch D 490
England and Wales
Cited – Kent and Another v Kavanagh and Another CA 2-Mar-2006
The parties owned properties part of a building estate. The properties had been held under leases, but those had been enfranchised. The question was as to how the easements granted by the leases were preserved on enfranchisement. A particular . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.239383
Etherton J
[2005] Pens LR 49
England and Wales
Cited – Trustee Solutions Ltd and others v Dubery and Another ChD 21-Jun-2006
The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment.
Held: The words ‘writing under hand’ clearly required a signature, and . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.244450
Rectification is not available where the mistake is one of law as to the legal effect of particular terms, rather than a mistake of fact.
(1858) 6 HLR 798
England and Wales
Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.238578
(1968) 13 BLR 29
England and Wales
Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.238575
The court faced a claim as regards an undeveloped computer system which was sold with bugs ‘warts and all’.
Held: The court spoke of expert evidence that in a bespoke system, bugs were inevitable.
Staughton LJ
[1995] FSR 616
England and Wales
Cited – Profile Software Ltd v Becogent Ltd OHCS 16-Feb-2005
The pursuers claimed for breach of copyright and of a software licence. The defendants disputed the title or right of the pursuers to claim.
Held: The assignation of the rights in the software carried with it the rights to enforce intellectual . .
Cited – Sam Business Systems Ltd v Hedley and Company TCC 19-Dec-2002
. .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.242249
The plaintiff had carried on a business selling ‘Burgess’s Essence of Anchovies’. His son set up a business with a similar name and purpose.
Held: the court would not restrain the use of his own name by a person in trade, save only if an intention to defraud was shown.
[1853] LR 14 CD 748, (1853) De G MandG 896, [1843-60] All Er Rep 90, [1853] 22 LJ Ch 675, [1853]
England and Wales
Cited – British Telecommunications Plc; Virgin Enterprises Ltd; J Sainsbury Plc; Marks and Spencer Plc and Ladbroke Group Plc v One In a Million Ltd and others CA 23-Jul-1998
Registration of a distinctive Internet domain name using registered trade marks and company names could be an infringement of a registered Trade Mark, and also passing off. It was proper to grant quia timet injunctions where necessary to stop . .
Cited – Spalding (A G ) and Brothers v A W Gamage Ltd HL 1915
The House considered the requirements for the tort of passing off. The judge has the sole responsibility for deciding whether anybody has been misled. He will hear evidence, but must not surrender his assessment to others.
Lord Parker said: . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.239040
The father appealed an order refusing direct contact, and that no further application should be made for five years.
[2006] EWCA Civ 348
England and Wales
Updated: 05 December 2022; Ref: scu.240089
A tenant may apply to the court for relief immediately he receives the landlord’s section 146 notice.
(1977) 3 P and CR 112
England and Wales
Updated: 05 December 2022; Ref: scu.245837
(Full Court of Victoria)
[1973] VR 715
Australia
Approved – Farrington v Thomson and Bridgland 1959
(Supreme Court of Victoria) Smith J said: ‘Proof of damage is, of course, necessary in addition. In my view, therefore, the rule should be taken to go this far at least, that if a public officer does an act which, to his knowledge, amounts to an . .
Mentioned – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.240000
[2006] EWHC 1877 (Admin)
England and Wales
Updated: 05 December 2022; Ref: scu.245347
Abolition of civil appeals from Canada. The Board, in referring to the Canadian Constitution said of the 1867 Act that: ‘To such an organic statute, the Canadian Constitution the flexible interpretation must be given that changing circumstances require.’
Viscount Jowitt
[1947] AC 127
Statute of Westminster 1931 2 83, British North America Act 1867 91
Canada
Cited – David Grant v Director of Correctional Services and Another; The Director of Public Prosecutions PC 14-Jun-2004
(Jamaica) The defendant had pleaded guilty to drugs offences in the US, and had fled to Jamaica. He appealed against a refusal of Habeas Corpus having been arrested and held for extradition. The Board considered its jurisdiction to hear such an . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.242115
The facts proved or admitted pointed inescapably to the conclusion that the drivers had driven dangerously. But the justices, in defiance of Divisional Court authority, concluded that the driving was not dangerous. The point has been decided adversely to the defendant in two previous High Court decisions. The prosecutor appealed by case stated.
Held: Humphreys J said: ‘I only desire to say that for a very great number of years, whenever justices have found facts from which only one conclusion can be drawn by reasonable persons honestly applying their minds to the question, and have refused to draw that only conclusion, this court has invariably upset the decision of the justices in the appropriate manner.’ and ‘If justices persist in disregarding decisions given previously by this Court on a set of facts which cannot be distinguished from the facts which are before the Justices in any particular case, they are guilty of a grave dereliction of duty, because it is their duty to obey the rulings of this Court’.
Lord Goddard CJ: ‘It is said that this court is bound by the findings of fact set out in the cases by the magistrates. It is true that this court does not sit as a general court of appeal against magistrates’ decisions in the same way as quarter sessions. In this court we only sit to review the magistrates’ decisions on points of law, being bound by the facts which they have found, provided always that there is evidence on which they could come to the conclusions of fact at which they have arrived. Mr Parker, who has intervened in this case as amicus curiae to enable the court to have the benefit of a full argument on each side, concedes that if magistrates come to a decision to which no reasonable bench of magistrates, applying their minds to proper considerations and giving themselves proper directions, could come, then this court can interfere, because the position is exactly the same as if the magistrates had come to a decision of fact without evidence to support it. Sometimes it has been said of the verdict of a jury given in those circumstances, that it is perverse, and I should have no hesitation in applying that term to the decisions of magistrates which are arrived at without evidence to support them.’
Humphreys J, Lord Goddard CJ
[1947] KB 349, [1947] 1 All ER 126
England and Wales
Cited – Director of Public Prosecutions v Uddin Admn 8-Jun-2006
Prosecutor’s appeal by case stated against dismissal of charge of taking vehicle without the owner’s consent. Officer’s fleeting sight of defendant who was known to him driving. . .
Endorsed – Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council CA 16-Apr-1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track.
Cited – Skelton, Regina (on The Application of) v Winchester Crown Court Admn 5-Dec-2017
The Court was asked whether the Crown Court could properly refuse to state a case for the opinion of the divisional court, having convicted a defendant, on her appeal from the magistrates’ court, of an offence of common assault. She was evicted from . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.242963
Before the Act of 1986 was enacted, a father did not have an absolute right to access to his child. He is only entitled to access if the court is satisfied that that is in the best interests of the child, and that the onus to show that is on the father who seeks access. The child in this action of divorce, was only 18 months old. He had had almost no contact with his father, who had seen him only twice very briefly. The mother was adamantly opposed to access, and the judge was satisfied that any attempt at access at that time would only sustain this hostility and that the child would sooner or later sense it and suffer thereby. The only reason given for the father’s application was that he was the father of the child.
Held: Once the paramountcy of the child’s welfare was recognised, there could be no assumption of a right of access.
Lord Dunpark
1986 SLT 105
Law Reform (Parent and Child) (Scotland) Act 1986 3
Scotland
Cited – Sanderson v McManus HL 6-Feb-1997
An order had been made refusing an unmarried father access to his child by the court after evidence that it would not be in the child’s best interests. The father appealed.
Held: The father could not appeal on a question of fact alone. There . .
Followed – Montgomery v Lockwood 1987
The pursuer had no right of access to the child unless the court granted it and that the court could not make any order unless it was satisfied that to do so would be in the interests of the child. . .
Followed – Russell v Russell 1991
. .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.237538
A clause excluding liability for ‘any indirect or consequential damages or claims whatsoever’. A claim was made for for loss of profit.
Held: ‘What does one mean by ‘direct damage’? Direct damage is that which flows naturally from the breach without other intervening causes and independently of special circumstances, while indirect damage does not so flow. The breach certainly has brought it about, but only because of some supervening event or some special circumstances unknown to the seller.
In my judgment, the words ‘indirect or consequential’ do not exclude liability for that which is prima facie recoverable; that is, do not exclude liability for damages which are the direct and natural result of breaches complained of.’
Atkinson J
[1940] 2 KB 99
England and Wales
Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Cited – British Sugar Plc v NEI Power Projects Limited and Anr CA 8-Oct-1997
The plaintiffs contracted for the delivery and installation of equipment by the defendant. After delays and defects the claimants sought damages. The defendants said that the contract provided that any liabiity for consequential losses was to be . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.238574
Two Spanish register ships had been captured by a squadron of ships of war assisted by men at arms.
(1782) 3 Doug KB 81, 99 ER 549
England and Wales
Cited – Lucena v Craufurd HL 1806
Before the declaration of war, against the United Provinces, His Majesty’s ships took possession of several ships belonging to Dutch East India men, and took them to St Helena. The Commissioners then insured the ships for their journey from St . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.238205
The defendant had lost an action on the design of dental pins used to create foundations for false teeth. He wanted to get onto the market with a product which was designed so as to avoid the construction of the patent claims found by both the High Court and the Court of Appeal. The patentee refused to acknowledge that the new product was outside the patent claims.
Held: An injunction was granted and proceedings had to be brought for a declaration of non-infringement. Those proceedings were successful.
[1990] RPC 293
England and Wales
Cited – Point Solutions Ltd v Focus Business Solutions Ltd and Another ChD 16-Dec-2005
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.237721
The medical records of a patient at the hospital had been provided by an employee to a journalist who then provided a story to the Mirror. An order had been made for the Mirror to disclose the source. An application was now made against the journalist himself.
Gray J
[2002] EWHC 2115 (QB)
England and Wales
Appeal from – Ackroyd v Mersey Care NHS Trust CA 16-May-2003
The journalist was required to provide the source of his material. In an earlier hearing the newspaper had been ordered to disclose the name of its source, the journalist. The claimant obtained summary judgement, which the journalist now appealed. . .
Cited – Mersey Care NHS Trust v Ackroyd QBD 7-Feb-2006
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical . .
See Also – Mersey Care NHS Trust v Ackroyd CA 21-Feb-2007
The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source.
Held: The appeal failed. Given . .
Cited – Financial Times Ltd and Others v The United Kingdom ECHR 15-Dec-2009
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.238511
[1999] 2 Lloyd’s Rep 24
England and Wales
Mentioned – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.226189
A clergyman complained of a change in the doctrinal standards of the church.
Held: Since the matter concerned an eccliastical issue and not that he had been deprived of his status as a minister, the court could not intervene. Lord Justice-Clerk Inglis said that the possession of a particular status, meaning by that term the capacity to perform certain functions or to hold certain offices, is a thing which the law recognises as a patrimonial interest, and that no one could be deprived of its possession by the unlawful act of another without having a legal remedy.
Lord Justice-Clerk Inglis
(1865) 4 M 143
England and Wales
Appeal from – Forbes v Eden HL 1867
Decision affirmed . .
Cited – Percy v Church of Scotland Board of National Mission HL 15-Dec-2005
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.236516
It had been alleged that a lender had become a shadow director of the borrower company. As to the statutory definition of ‘shadow director’: ‘This definition is directed to the case where the nominees are put up but in fact behind them strings are being pulled by some other persons who do not put themselves forward as appointed directors. In this case the involvement of the applicants here was thrust upon them by the insolvency of the company. They were not accustomed to give directions. The actions they took, as I see it, were simply directed to trying to rescue what they could out of the company using their undoubted rights as secured creditors. It was submitted to me that it was a prima facie case of shadow directors, but I am bound to say that that is far from obvious.’ and ‘I find that there is no prima facie case made out, and it is unlikely that further information will come to light to show that they are shadow directors. The central point, as I see it, is that they were not acting as directors of the company, they were acting in defence of their own interests. This is not a case where the directors of the company, Steven and his colleagues, were accustomed to act in accordance with the directions of others i.e. the applicants here. It is a case here where the creditor made terms for the continuation of credit in the light of threatened default. The directors of the company were quite free to take the offer or leave it.’
Judge Baker QC
[1995] 2 BCLC 354
England and Wales
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.230272
Moore ran a rifle range in Bayswater. His customers shot at pigeons, which caused a crowd to gather outside and in neighbouring fields to shoot at the pigeons which escaped, causing noise, damage, disturbance and mischief.
Held: On conviction for committing a public nuisance, with the defendant undertaking to discontinue the shooting, no penalty was imposed.
(1832) 3 B and AD 184, [1832] EngR 401, (1832) 110 ER 68 (B)
England and Wales
Cited – Regina v Rimmington; Regina v Goldstein HL 21-Jul-2005
Common Law – Public Nuisance – Extent
The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.231620
The plaintiff who had suffered pleural thickening from inhalation of asbestos fibres in 1943 – 1950 suffered no actionable injury until about 1985, when he first experienced breathlessness.
McNeill J
Unreported, 14 September 1989
England and Wales
Approved – Keenen v Miller Insulation and Engineering Ltd 8-Dec-1987
The claimant’s cause of action for lung fibrosis did not arise at the time he was exposed to asbestos between August 1952 and May 1953 because at that stage he had not suffered physical injury by May 1953. Basing himself on the evidence of Dr Rudd . .
Cited – Bolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd CA 6-Feb-2006
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.238332
The commander of a naval vessel, HMS Arethusa, had paid to the Admiral in command a proportion of freight received for the carriage of publicly owned bullion on board the Arethusa in the belief that this was due to the Admiral as a matter of usage. On later discovering that the money was not due because the usage had been discontinued, he sought to recover it from the Admiral’s widow and executrix. He challenged the decision in Bilbie v Limley.
Held: The court had no role to play in the recovery of money paid by mistake. Chief Justice, Sir James Mansfield said it was not an affront to conscience to allow the money to be retained, because the admiral acted (as all admirals then did) in accordance with what was generally believed to be his accustomed right, and in particular because he might have changed his position on the faith of the payment.
Chambre J (dissenting said the maxim ‘ignorantia juris non excusat’ applied only in cases of ‘delinquency’.
Gibbs J described the universal opinion among the practitioners in the Court of King’s Bench that where money was paid with knowledge of the facts it could not be recovered on the ground of mistake: ‘We must take this payment to have been made under a demand of right, and I think that where a man demands money of another as a matter of right, and that other, with a full knowledge of the facts upon which the demand is founded, has paid a sum, he never can recover back the sum he has so voluntarily paid. It may be, that upon a further view he may form a different opinion of the law, and it may be, his subsequent opinion may be the correct one. If we were to hold otherwise, I think that many inconveniences may arise; there are many doubtful questions of law: when they arise, the Defendant has an option, either to litigate the question, or to submit to the demand, and pay the money. I think, that by submitting to the demand, he that pays the money gives it to the person to whom he pays it, and makes it his, and closes the transaction between them.’
Gibbs J, Heath J, Chief Justice, Sir James Mansfield, Chambre J dissenting
(1813) 5 Taunt 143
England and Wales
Applied – Bilbie v Lumley and Others 28-Jun-1802
Contract Not Set Aside for Mistake as to Law
An underwriter paid a claim under a policy which he was entitled in law to repudiate for non-disclosure. Although he knew the relevant facts, he was not aware of their legal significance. He claimed back the money he had paid.
Held: A contract . .
Cited – Wilson and M’Lellan v Sinclair 1830
Lord Brougham LC said that since Brisbane v. Dacres it had been considered an established point that a mistake must be ‘in the fact’ to allow recovery of money paid in error. . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.236534
Cockburn CJ: ‘People were formerly frightened out of their wits about admitting evidence, lest juries should go wrong. In modern times we admit the evidence, and discuss its weight.’
Cockburn CJ
(1861) 1 B and S 763
England and Wales
Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005
Evidence from 3rd Party Torture Inadmissible
The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.235923
Appeal from refusal of defined contact – 14 year old boy with autism resistant to contact.
[2005] EWCA Civ 300
England and Wales
Updated: 05 December 2022; Ref: scu.223889
An appeal does lie with leave against a confiscation order as part of a sentence.
[1990] 91 Cr App R 332
England and Wales
Updated: 05 December 2022; Ref: scu.237422
A policeman could not justify taking a person by the name mentioned in the warrant, his real name being different. The plea averred that Aquila Cole and Richard Cole were the same person.
(1795) 6 TR 234
England and Wales
Cited – Hoye v Bush 1841
A constable applied for a warrant for the arrest of Richard Hoye, but the justice mistakenly issued a warrant for the arrest of John Hoye, which was the name of Richard Hoye’s father. The constable arrested Richard Hoye, who sued for false . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.229686
Contracting out of the privilege against self-incrimination.
[1856] 21 Beav 365
England and Wales
Cited – Holder v The Law Society Admn 26-Jul-2005
The applicant challenged the independence of the respondent’s disciplinary tribunal.
Held: The claim failed: ‘the nature of the Tribunal is entirely adequately independent and impartial for the purposes for which it is constituted. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.230904
The court considered the ability of a de facto director to rely on the 1939 Act as a defence to an action by the company to recover ‘trust property’.
Held: The defence failed. The court considered the circumstances in which fiduciary duties might arise, and said that the de facto directors exercised command and control over the company’s property and were consequently trustees for the purposes of the Limitation Act.
Roxburgh J
(1947) 111 LT 412
England and Wales
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.230274
Company directors drew and signed company cheques, but the cheques did not bear the word ‘limited’ or permitted substitute. The cheques were not met and the claimants sued the signatories personally.
Held: The section made the signatory of such a cheque personally liable. Once presented and refused, it became ‘not duly paid’. Under section 45 of the 1882 Act, the drawer was discharged if the cheque was not presented, but under section 46 presentation was sometimes dispensable.
Nicholas Warren QC
Times 03-Mar-2005
Companies Act 1985 349(4), Bills of Exchange Act 1882 45
England and Wales
Cited – British Airways Board v Parish 1979
Once a cheque is presented for payment and payment is refused, the cheque is deemed not ‘duly paid’. . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.223441
A claim was made after the escape of a fire in a domestic fireplace. The defendant had left the room for two or three hours with the fire burning, with no fire guard or fender,
Held: The use was not a non-natural use for a house, the room was being used ‘in the ordinary, natural way in which the room could be used’. Lord Goddard CJ said: ‘Everybody knows fires occur through accidents which happen without negligence on anybody’s part.’
Lord Goddard CJ
[1947] 1 ALL ER 344
England and Wales
Cited – LMS International Ltd and others v Styrene Packaging and Insulation Ltd and others TCC 30-Sep-2005
The claimants sought damages after their premises were destroyed when a fire started in the defendants neighbouring premises which contained substantial volumes of styrofoam. They alleged this was an unnatural use of the land.
Held: To . .
Cited – Williams v Owen QBD 1955
Mr Williams left his car overnight in the hotel garage. A fire broke out and destroyed his car.
Held: The strict liability of an innkeeper was limited to loss of his guest’s goods rather than to their destruction.
As to section 86 of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.230980
The plaintiff challenged a compulsory purchase order, saying that the purpose of the order went beyond the statutory purpose.
Held: The provision of ‘houses’ must be taken to include the provision of ancillary facilities. Denning J said that he was satisfied that the local authority did not mean to restrict itself in its letting of the houses, it was to build on the land it was attempting to acquire, to those who were of any particular class. That did not however, invalidate the exercise of the powers: ‘The next question is whether the order is invalid because, in addition to houses being put up on this land, the co-operation proposed to put up nurseries, a health centre, a youth centre, shops, a public house, and so forth. It is said, and truly said, that in providing or contemplating the provision of those amenities, the co-operation intend that they should be available, not only to the persons living in the houses that are going to be put up in this estate, but also for persons from the neighbouring areas. It is said that makes the proposal invalid. This contention depends on the true interpretation of s 80. That section, contemplates that, providing the Minister consents, the land may be used, not only for houses, but also for shops, recreation grounds, and other buildings, which ‘will serve a beneficial purpose in connecxion with the requirements of the persons for whom the housing accommodation is provided.’ It is said if this proposed health centre, shops, etc, are in connexion with the requirements of other persons, in addition to those of this estate, that makes it outside the powers of s 80. I do not think that is a correct interpretation. The fact that it will also serve a beneficial purpose for other persons does not make it any the less a beneficial purpose for the persons in this housing estate. I see no reason for introducing the limitation which is suggested, and I do not think the proposed development is invalid.’
Denning J
[1948] 1 KB 34, [1947] 2 All ER 469
England and Wales
Cited – Capital Investments Ltd v Wednesfield Urban District Council ChD 12-Feb-1964
The council set out to acquire two plots of land for development for housing. After the process had begun, it was decided that some of the land should be uised for educational purposes. A Land Charge had been served but the matter not completed. A . .
Cited – Barkas, Regina (on The Application of) v North Yorkshire County Council and Scarborough Council Admn 20-Dec-2011
The claimants sought to have registered as a town or village green land in Whitby which had been provided as a playing field by the Local Authority since 1934. The inspector had found that the use had not been ‘as of right’ as required by the 2006 . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.223477
[2001] UKEAT 508 – 00 – 2203
England and Wales
Updated: 05 December 2022; Ref: scu.203761
The expressions ‘permissible maximum weight’ and ‘maximum permissible weight’ are interchangeable.
[1995] RTR 95
England and Wales
Cited – Pritchard and Another v Crown Prosecution Service Admn 28-Jul-2003
The defendants appealed convictions for operating vehicles without tachographs. The issue arose upon the combined weight of vehicle and trailer exceeding the maximum.
Held: The legislation seems to be directed at providing maximum driving . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.187436
Adoptive parents tried to reduce an adoption order. They asserted an essential error induced by innocent misrepresentations made by those acting for the natural mother; it was averred by the pursuers that they had been incorrectly assured that a satisfactory medical report existed in relation to the child. The child had suffered brain injury at birth. Secondly, they contended that statutory requiremnts had not been carried out; the adoption petition was presented less than three months from the date when the child was placed in the care of the adoptive parents, contrary to the Act.
Held: Adoption involves unpredictable risks as to the development of the child, and that therefore there should be no possibility of going back. Moreover, adoption affects status in a peculiarly fundamental manner; it creates a relationship whose paradigm is the relationship of natural parent and natural child, a relationship which, apart from the statutory possibility of adoption, is obviously wholly irrevocable and unbreakable. The Act ‘made a serious invasion upon the common law by introducing a novel institution which cannot easily be fitted into its setting’. An adoption order is sui generis; consequently the inherent power of the Court of Session to reduce decrees in absence and in foro should not apply. Essential error was not a valid ground for reduction of an adoption order.
1948 SC 636
Adoption of Children (Scotland) Act 1930
Scotland
Cited – Alexander Cameron (Ap) v Ian Macintyre Gibson, As Executor Dative of the Late Dugald Macintyre and Another SCS 2-Dec-2003
An adoption order had been made, but at the time, the adopted child was over the maximum age. Application was made to set it aside.
Held: Adoption orders could not be set aside save for where some fraud could be demonstrated to have been . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.194024
Where property is purchased by one person in the name of another there is a presumption that a resulting trust is created: ‘The clear result of all the cases, without a single exception is that the trust of a legal estate, whether freehold, copyhold or leasehold; whether taken in the name of the purchasers and others jointly, or in the name of others without that of the purchaser, whether in one name or several; whether jointly or successive – results to the man who advances the purchase money. It is the established doctrine of a court of equity that this resulting trust may be rebutted by circumstances in evidence.’
Eyre CJ
(1788) 2 Cox 92, [1788] EWHC Exch J8, [1788] EWHC Exch J8, [1775-1802] All ER Rep 205, (1788) 2 RR 14, 30 ER 42
England and Wales
Cited – Re a Policy No 6402 of the Scottish Equitable Life Assurance Society 1902
Mr Sanderson effected insurance on his own life ‘for the behoof’ of his sister-in-law, Miss Stiles. The policy moneys were payable to Miss Stiles or her personal representatives but the premiums were paid throughout by Mr Sanderson. The personal . .
Cited – Foskett v McKeown and Others CA 27-Jun-1997
Various people had paid money with the promise of acquiring an interest in land in Portugal. The scheme was fraudulent. The funds had been used to purchase a life/investment policy. The policy was held in trust for the fraudster’s mother but he had . .
Cited – Drake v Whipp CA 30-Nov-1995
The parties, an unmarried cohabiting couple, disputed their respective shares in a property held in the man’s sole name. Both had made direct contributions both to the purchase of a barn and to its expensive conversion into a home. The plaintiff . .
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.187423
The claimant who had a withered arm, took on employment with the respondent. He was given a long service award in the form of a model with a withered arm. This upset him, and he was off work for a long time with depression. He said the tribunal had failed to see the upsetting nature of the depiction which singled him out. The discrimination was not that he was shown with a withered arm, but that he was not carrying a clipboard.
Held: The tribunal ‘did not ask themselves the question as to whether the failure to depict him with a work related item, thereby highlighting his disability amounted to an act of discrimination.’ and the matter was remitted to a fresh tribunal. However the allegation of constructive dismissal was not remitted.
[2003] EAT 1155 – 02 – 1202, [2003] UKEAT 1155 – 02 – 1202
England and Wales
See Also – Jenkins v Legoland Windsor Park Ltd EAT 3-Jul-2003
EAT Disability Discrimination – Disability . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.191359
[1989] CLY 2087
England and Wales
Cited – Co-operative Insurance Society Ltd v Hastings Borough Council ChD 23-Jun-1993
The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.186345
The BBC sought leave to appeal against an order following the conviction by a jury of the defendant on drugs charges and his pleas of guilty on the counts of various types of fraudulent activity. The judge’s order, made under section 4(2) of the Contempt of Court Act 1981 prohibited the reporting of any of the proceedings or sentences passed in respect of the three bills –
‘until the time has expired within which Notice of Appeal to the Court of Appeal in Northern Ireland in Bill of Indictment 169/99 may be given or, in the event of such notice being given, until the Appeal in Bill of Indictment 169/99 has been heard and determined or, in the event of a retrial being granted by the Court of Appeal in Northern Ireland, such retrial has been heard and determined.’
The BBC applied for leave to appeal against the order, pursuant to the provisions of section 159 of the Criminal Justice Act 1988. Leave was refused by the single judge, and the BBC renewed its application to this court.
[2001] NICA 19
Northern Ireland
Updated: 05 December 2022; Ref: scu.201965
Appeal by the Applicant against the Tribunal’s reserved decision, promulgated with Extended Reasons dismissing his claim for arrears of holiday pay brought against the Respondent under Regulation 14 of the 1998 Regulations.
His Honour Judge Peter Clark
[2003] EAT 0208 – 03 – 0107, [2003] UKEAT 0208 – 03 – 0107, EAT/0208/03
Working Time Regulations 1998 14
England and Wales
Updated: 05 December 2022; Ref: scu.191700
[1936] 1 All ER 263
England and Wales
Updated: 05 December 2022; Ref: scu.186967
EAT Practice and Procedure – Application
The Honourable Lord Johnston
[2003] UKEAT 0020 – 03 – 2908, EATS/0020/03
England and Wales
See Also – McCarthy, Jackson, Smith v Blue Sword Construction Ltd EAT 10-Jun-2003
EAT Contract of Employment – Notice and pay in lieu . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.202324
Application for permission to appeal – mortgage possession action
[2001] EWCA Civ 569
England and Wales
Updated: 05 December 2022; Ref: scu.218093
J. Gordon Reid, QC
[2004] ScotCS 153
Scotland
Updated: 05 December 2022; Ref: scu.198813
[1995] UKEAT 936 – 94 – 0102
England and Wales
Updated: 05 December 2022; Ref: scu.208933
[1995] UKEAT 128 – 95 – 2310
England and Wales
Updated: 05 December 2022; Ref: scu.209377
[2003] UKIAT 00167
England and Wales
Updated: 05 December 2022; Ref: scu.192548
[2002] EWCA Civ 1777
England and Wales
Updated: 05 December 2022; Ref: scu.217826
[1947-1951] CLC 6706
Law Reform (Contributory Negligence) Act 1945
England and Wales
Distinguished – Tennant Radiant Heat Ltd v Warrington Development Corporation 1988
A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.194606
Wynn-Parry J
[1947] 2 All ER 308
England and Wales
Cited – Krubert, Re; Krubert v Davis and Others CA 27-Jun-1996
The beneficiaries under the will appealed against an order under the 1975 Act, effectively transferring the entire estate to the surviving spouse.
Held: The effect of sections 1, 2 and the other material provisions of the 1975 Act is that on . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.196905
The plaintiff sought damages for personal injury. The defendant company sought to bring into account sums received by the plaintiff from a distress fund to which members of the public had contributed. Plaintiff’s counsel were said to having submitted: ‘that it would be startling to the subscribers to that fund if they were to be told that their contributions were really made in ease and for the benefit of the negligent railway company. To this last submission I would only add that if the proposition contended for by the defendants is sound the inevitable consequence in the case of future disasters of a similar character would be that the springs of private charity would be found to be largely if not entirely dried up.’
Held: Gifts made by others to relieve the distress of the plaintiff were not to reduce the damages payable by the defendant.
Andrews CJ
[1947] NI 167
Northern Ireland
Approved – 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 . .
Approved – Pirelli General Plc and others v Gaca CA 26-Mar-2004
The claimant was awarded damages from his employers, who claimed that the benefits received by the claimant from an insurance policy to which the defendants had contributed should be set off against the claim.
Held: McCamley was no longer good . .
Cited – Longden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
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.
Updated: 05 December 2022; Ref: scu.195723
The Board considered the severability of statutory provisions viewed for constitutionality: ‘The real question is whether what remains is so inextricably bound up with the part declared invalid that what remains cannot independently survive or, as it has sometimes been put, whether on a fair review of the whole matter it can be assumed that the legislature would have enacted what survives without enacting the part that is ultra vires at all.’
Viscount Simon
[1947] AC 503, [1947] LJR 1392
Canada
Cited – Hinds and other v The Queen; Director of Public Prosecutions v Jackson, attorney General of Jamaica (Intervenor) PC 1-Dec-1975
The Gun Court Act 1974 of Jamaica established special courts at different levels to deal with varieties of crimes involving guns. There was provision for hearings to be held in camera. Certain offences carried mandatory life sentences reviewable . .
Cited – Independent Jamaica Council for Human Rights (1998) Ltd and others v Marshall-Burnett and Another PC 3-Feb-2005
(Jamaica) A bill was presented to the Jamaican parliament to transfer the appellate jurisdiction from the Board of the Privy Council to the Caribbean Court of Justice.
Held: Whilst there was a duty to recognise and respect alternate courts, . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.211407
Application for judicial review of a decision by the Secretary of State for the Home Department to refuse the claimant’s asylum and human rights claims and to certify those claims for the purposes of section 94 of The Nationality Immigration and Asylum Act 2002.
[2003] EWHC 2045 (Admin)
Nationality Immigration and Asylum Act 2002 94
England and Wales
Updated: 05 December 2022; Ref: scu.186259
Where the character of a witness is relevant to the issue, cross examination is permitted, ‘As to any improper conduct of which he may have been guilty for the purpose of trying his credit; but, when the questions are irrelevant to the issue on the record, you cannot call witnesses to contradict the answer he gives.’
(1811) 2 Camp 637
England and Wales
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 . .
Cited – Regina v Edwards CACD 1991
The appellant was convicted of robbery with a firearm and sentenced to 14 years. The evidence included police evidence of his confessions in interview. He challenged the veracity of the interview notes, alleging that the police officers concerned . .
Cited – O’Brien v Chief Constable of South Wales Police HL 28-Apr-2005
The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.182088
The claimant and her husband had helped her mother and her stepfather throughout the claimant’s adult life. She received no remuneration but understood that she would inherit her stepfather’s property when he died. After her mother’s death and until her stepfather’s death she and her husband lived near the cottage to which her stepfather had moved (but never lived in the cottage). The claimant was told by her stepfather that ‘she would lose nothing’ by her help and (a few days before his death) that she was to have the cottage. The deputy judge held that she was entitled, by proprietary estoppel, to the whole of the estate of her stepfather (who died intestate). He rejected the submission that the principle could not extend beyond cases where the claimant already had enjoyment of an identified item of property.
Edward Nugee QC said: ‘In the present case it is in my judgment clearly established by the evidence, first, that the plaintiff had a belief at all material times that she was going to receive both Rosslyn and the remainder of the deceased’s property on his death, and secondly, that this belief was encouraged by the deceased . . I am satisfied that the deceased encouraged the plaintiff in the belief that all the property he possessed at the date of his death would pass to her.’ and
‘The plaintiff relies on proprietary estoppel, the principle of which, in its broadest form, may be stated as follows: where one person, A, has acted to his detriment on the faith of a belief, which was known to and encouraged by another person, B, that he either has or is going to be given a right in or over B’s property, B cannot insist on his strict legal rights if to do so would be inconsistent with A’s belief.’ and ‘But in my judgment, at all events where the belief is that A is going to be given a right in the future, it is properly to be regarded as giving rise to a species of constructive trust, which is the concept employed by a court of equity to prevent a person from relying on his legal rights where it would be unconscionable for him to do so.’
Edward Nugee QC
[1986] 1 WLR 1498, [1987] 1 All ER 405
England and Wales
Cited – Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd ChD 1981
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is . .
Cited – Keelwalk Properties Ltd v Betty Waller and Another CA 30-Jul-2002
The claimant appealed refusal of its claim for possession against the respondents, occupiers of single-storey wooden bungalows on its land. The leases had expired. The defendants said the structures were their own, and not subject to the lease, and . .
Cited – Gillett v Holt and Another CA 23-Mar-2000
Repeated Assurances Created Equitable Estoppel
Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . .
Cited – Parker v Parker ChD 24-Jul-2003
Lord Macclesfield claimed a right to occupy a castle. The owners claimed that he had only a mere tenancy at will. The exact rooms in the castle which had been occupied had varied over time.
Held: The applicant was entitled to reasonable . .
Cited – Grundy v Ottey CA 31-Jul-2003
The deceased left his estate within a discretionary trust. The claimant sought to assert an interest in it, claiming an estoppel and, under the 1975 Act, as his partner. They had lived together for four years. She had been dependent upon him . .
Cited – Thorner v Major and others CA 2-Jul-2008
The deceased had written a will, revoked it but then not made another. The claimant had worked for the deceased understanding that property would be left to him, and now claimed that the estate property was held under a trust for him.
Held: . .
Cited – Thorner v Major and others HL 25-Mar-2009
The deceased had made a will including a gift to the claimant, but had then revoked the will. The claimant asserted that an estoppel had been created in his favour over a farm, and that the defendant administrators of the promisor’s estate held it . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.182388
(1857) 7 El and Bl 578
England and Wales
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.
Updated: 05 December 2022; Ref: scu.182391
Works of improvement must be taken to have been carried out by the tenant in return for the grant of the tenancy at a reduced rent and without a premium, in other words at the expense of the landlord.
[2002] Ch 69
England and Wales
Updated: 05 December 2022; Ref: scu.183557
Once the occasion for the exercise of a power to award costs against a third party has arisen, the court, in order to enable it to be fully and appropriately exercised, will investigate so as to establish the identity of a third party maintainer of the unsuccessful party, and the liability of that maintainer in respect of the successful party’s costs. The court has ancillary jurisdiction to make an order against a plaintiff requiring him to disclose whether there is a third party funder.
McPherson J
[1989] 2 All ER 751
England and Wales
Explained – 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.
Updated: 05 December 2022; Ref: scu.183805
What would otherwise be classified as a fierce assault in criminal law may not be so in the sporting context of a boxing match.
(1878) 39 LT 293
England and Wales
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.
Updated: 05 December 2022; Ref: scu.182259
[1875] 1 PD 70
England and Wales
Cited – Weatherhill v Pearce ChD 7-Nov-1994
The testatrix had signed her name by the attestation clause before it was witnessed.
Held: A pre-signed will, on which the testator’s earlier signature was then acknowledged before a witness, and if there was appropriate evidence of her . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.183797
The making of an order of prohibition was postponed to allow the defendant Council to take certain action.
[1976] 1 WLR 550, [1976] 3 All ER 184
England and Wales
Cited – Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla PC 14-Feb-2001
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.182062
[1995] Crim LR 810
England and Wales
Updated: 05 December 2022; Ref: scu.182405
Gage J
[2000] Lloyd’s Rep Med 331
England and Wales
Preferred – Kramer v South Bedforshire Health Care Trust ChD 16-Oct-1995
It was for the Trust employer to decide which kind of disciplinary proceedings to institute. Absent bad faith or Wednesbury unreasonableness, the employer’s decision on categorisation was final. There can be no reason otherwise to include in the . .
Appeal from – Dr Mohammed Saeed v Royal Wolverhampton Hospitals NHS Trust CA 20-Dec-2000
Where disciplinary proceedings were contemplated against an employee who might be subject to alternative contractual and professional complaints procedures, the employer must look to the contract to decide which procedure was to be followed. If the . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.182502
(1828) 1 Knapp 265
England and Wales
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.
Updated: 05 December 2022; Ref: scu.183532
The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, and the need for economy and efficiency required restrictions. Cases cited should be relevant and useful. An advocate has a duty to draw the court’s attention to cases adverse to his own which were not cited by his opponent. Certain classes of judgments should not in future be referred to. Courts would pay more attention to the comments of a judge suggesting that the law was relevant to the particular case only. When citing a case, the advocate must state the proposition of law it supported, identifying relevant parts of the judgement. Bundles must include certificates by advocates as to compliance with this direction. Citations of judgments from foreign jurisdictions must follow the same rules and additionally confirm that the same proposition of law could not be supported from UK judgments.
Lord Chief Justice
Times 01-May-2001, [2001] 1 WLR 1002
England and Wales
Cited – Practice Direction (Judgments: Neutral citation) LCJ 17-Jan-2002
The practice of using the system of neutral Citation of judgements is extended to all divisions of the High Court where the judgement was given in London, with effect from January 14 2002. Numbers will be issued automatically in London, and on . .
Cited – Napp Pharmaceutical Holdings Ltd v Director General of Fair Trading CA 8-May-2002
The applicant sought leave to appeal against a decision of the Competition Commission Appeals Tribunal.
Held: Since the decision of the tribunal did not involve questions of law, it fell exactly within the Cooke case, and the court should be . .
Cited – Attorney General’s Reference No 3 of 2000 CACD 27-Jun-2001
The test of whether the behaviour of undercover police officers in instigating offending by the defendant crossed the line, so as to justify exclusion of their evidence, remains that the court must look at the extent of freedom of choice left to the . .
Cited – Governor and Company of the Bank of Scotland v Henry Butcher and Co and others CA 13-Feb-2003
The court fiercely criticised the failure of the defendant’s solicitors to follow the practice directions and to use references to the Weekly Law Reports wherever possible as citations. The court had been badly hampered in its hearing by that and . .
Cited – Dr A Lambiris v The Specialist Training Authority of the Medical Royal Colleges and the General Medical Council, the Secretary of State for Health – Interested Parties CA 8-May-2003
The applicant challenged the failure to register him properly to reflect his specialism for which he had been qualified in Greece.
Held: The Directive set out principles for the recognition of medical qualifications within the Union. The Order . .
Cited – Jennings and Another v Cairns CA 18-Nov-2003
Nieces had fallen out over their aunt’s estate. One niece had been closer than the others, and despite not properly understanding what she was doing the deceased had made lifetime gifts to the niece who was now executor. She appealed a finding of . .
Cited – Uphill v BRB (Residuary) Ltd CA 3-Feb-2005
The court considered an application for leave for a second appeal.
Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an . .
Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.174748
[2003] EWCA Civ 758
England and Wales
Updated: 05 December 2022; Ref: scu.183395
30 LJ (QB) 352, (1861) 1 B and S 375
England and Wales
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.
Updated: 05 December 2022; Ref: scu.183539
‘Before stating the principle on which the Master acted on this taxation, it may be as well that I should state what we consider the principle upon which he ought to have acted. I think the question is one of considerable importance, and therefore, although it is only a question of reviewing taxation costs, I go into it at some length.
Costs as between party and party are given by the law as an indemnity to the person entitled to them: they are not imposed as a punishment on the party who pays them, nor given as a bonus to the party who receives them. Therefore, if the extent of the damnification can be found out, the extent to which costs ought to be allowed is also ascertained. Of course, I do not say there are not exceptional cases, in which certain arbitrary rules of taxation have been laid down; but, as a general rule, costs are an indemnity, and the principle is this, – find out the damnification, and then you find out the costs which should be allowed.’
Baron Bramwell
(1860) 5 HandN 381
England and Wales
Cited – Hollins v Russell etc CA 22-May-2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
Cited – Garbutt and Another v Edwards and Another CA 27-Oct-2005
The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate.
Held: The absence of . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.182516
The law presumes that only one person shall be liable to pay rates on a property at any one time.
(1882) 9 QBD 585
England and Wales
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.
Updated: 05 December 2022; Ref: scu.182558
The court had appointed a manager of the converted house under the Act. The tenants sought to set off against the sums payable under the lease, the costs of repairs. The manager asserted that whilst he owed some duty of care, it was not a full duty to repair.
Held: The appointment of the manager was to fulfil duties given to him by the court, and he did not stand in the shoes of the landlord. There was no right of set-off available against his claim.
Aldous, Tuckey, Longmore, LJJ
Times 21-Nov-2002, Gazette 23-Jan-2003, [2002] EWCA Civ 1633, [2003] 1 EGLR 52
Landord and Tenant Act 1987 24(1)
England and Wales
See Also – Maunder-Taylor v Blaquiere CA 14-Nov-2002
. .
Cited – Cawsand Fort Management Company Ltd v Stafford and others CA 20-Nov-2007
The tenant had sought an order under the 1987 Act for the appointment of a manager of the apartments. The landlord appealed against the order saying that it could not apply to buildings which were not comprised in the buildings containing the . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.178263
Permission was sought to sell land within to the parish, and directions sought as to the application of the proceeds of sale.
Held: The land had been transferred to the diocesan board of finance on the merger of two parishes, and was held for parochial or diocesan purposes. This was not special property, and since it was no longer needed, it could be sold, but the proceeds were to be applied within the parish and not for general purposes of the diocese.
Etherton J
Times 22-Nov-2002
Pastoral Measure 1983 31(1)(1)(d)
England and Wales
Updated: 05 December 2022; Ref: scu.178290
A solicitor delivered his bill. The first part for pounds 2 19s 8d related to attending the defendant and consulting as to slanderous reports; there were then charges for ‘Letter before action’, ‘Instructions to sue’, ‘Writ of summons’, and ‘Attending settling’. There was otherwise nothing to show whether the suit of Gillard v Ransom had been pending in court. The second part of the bill related to conducting the defence of a case at the Middlesex Quarter Sessions and the third part for conducting a prosecution there. The fourth part of the bill was headed ‘Yourself and Mrs Heydeman’. It contained charges for taking the opinion of counsel on the construction of an agreement, various charges for collecting evidence and making enquiries at Hatton Garden, Tottenham Court Road, and other places well known to be in Middlesex, but which were not stated on the face of the bill to be there; for ‘Instructions to sue in an action on the case’; for ‘Writ’ and ‘Service’; for attending in court when on motion by counsel ‘A rule was made to refer all matters in dispute’; and for attending the reference. The amount of this head of the bill was pounds 122. 8s. 10d. Except insofar as might be inferred from the items quoted there was nothing to show whether the cause of Gillard v Heydeman had been pending in any, or which, of the superior courts. The defendant said the first and last parts of the bill were insufficient, in not showing what courts the business there charged for was transacted; and therefore that the bill, being one entire bill, was not sufficient as to any part. For the plaintiff it was contended that the bill was sufficient for the whole; or, if not, that it was divisible and good pro tanto.
Held: ‘No requisites for the bill are particularised: there is no requirement that the court should be specified: and the section further declares that the plaintiff is not bound in the first instance, in proving a compliance with the Act, to prove the contents of the bill delivered; but it is presumed sufficient unless the defendant proves that it is not such a bill as constitutes ‘a bona fide compliance with this Act.’ The defendant here does not prove that any further information was practically wanted for taxation, or suggest that the name of the court in which the two writs of summons were issued would have been of any use to him: nor does he contend that the Act has not in this case been bona fide complied with, unless the arbitrary rule be deduced from the cases above mentioned, that the name of the court as to every item is indispensable, can be maintained. Now this rule, as applied to the existing statute, appears to have originated in a mistake: it was first introduced by judges applying the provisions of stat. 2 G. 2, c 23, s.23; and then there was good reason for it; for the jurisdiction to tax under that statute is given to the court in which the greater part of the business was done; and it was therefore indispensable for the parties and for the taxing officer to be able to assign each item to its appropriate court, before the taxation could be entered upon: moreover at that time the scale of charges in the different courts was different; so that the name of the court was also wanted in order to estimate the amount of charges. But, under the existing statute, if there is any item in any court of law, jurisdiction is given to all the superior courts indifferently; so that in respect of jurisdiction the name of the court is entirely immaterial: and so likewise it is for estimating the amount due, as the scale of charges in all the superior courts is now uniform. The judges, who instituted the rule in relation to the existing statute, adopted it from cases under the former statute, without adverting to the important changes in the law which the legislature had made; and thereby, as we think, contravened the intention of the legislature. If this reasoning is correct, it follows that the rule, which so originated, has been maintained without any useful purpose.’ and ‘This has been followed by a very salutary judgment in Cozens v Graham (16 Jurist, 952), where a bill was held valid although the court in which the business was done was not mentioned or described, it being clear that the defendant, knowing the court, did not want the information and only made the objection to evade payment of a debt.
This judgment appears to us to give effect to the true meaning of the statute; the defendant who undertakes to prove that the bill is not a bona fide compliance with the Act cannot found an objection upon want of information in the bill, if it appears that he is already in possession of that information. It seems to us probable that the legislature changed the law relating to attorneys’ bills from having perceived that a clerical error or accidental oversight is often worked the forfeiture of the remuneration due for many years of professional services; and therefore meant, while it secured the client a right to reasonable information respecting the bill before an action should be brought upon it, at the same time to give the attorney security that the delivery of a bill intended to give and giving all requisite information should be a compliance with the Act, unless the client could show that information which was really wanted had been withheld. Upon this principle, and according to these cases, we decide against the objection raised by the present defendant. We consider that the doubt, whether the writs of summons and other proceedings, apparently such as belong to the courts at Westminster were issued here or in the borough court of some municipal corporation, emanated from the ingenuity of the advocate without having had any existence in the mind of the defendant: and a client has no ground of objection to a bill who is in possession of all the information that can be reasonably wanted for consulting on taxation.’
Lord Campbell CJ
(1852) 1 E and B 26, [1852] EngR 942, (1852) 1 El and Bl 26, (1852) 118 ER 346
England and Wales
Cited – Ivimey v Marks 1-May-1847
A solicitor’s charge for an item in an action, without specifying in what court the action is brought, rendered the bill bad, the reason being that the client ought to be enabled by the bill to obtain advice as to taxation without the need of . .
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.
Updated: 05 December 2022; Ref: scu.181190
Appeal of Wynn Realisations Ltd from an order dismissing the claim of Wynn to 107,250 pounds as being part of the price due but unpaid on the sale of certain land by Wynn to the defendant Vogue Holdings Incorporated. The sum represented the VAT element, the contract expressing the purchase price to be exclusive of VAT. Held; The appeal succeed, and the sum representing VAT was payable. The parties considered that no VAT would be payable or that it could only be payable if the option to tax were taken, but the reason VAT is payable has nothing do with whether or not Wynn opted to tax.
Morritt LJ said: ‘First, VAT, where payable, is charged by reference to the value of the supply which, when in money, is to be taken to be such amount as with the addition of the VAT is equal to the consideration: the price is VAT inclusive. This is apparent from section 19(2) of the 1994 Act. It is for that reason that where VAT is not to be included, the parties normally makes express reference to the fact that the price does not include VAT by reference to a number of formulae, of which ‘exclusive of VAT’ is perhaps the most common.’
Morritt, Auld, Clarke LJJ
[1999] STC 524, [1999] EWCA Civ 1087, [1999] BTC 5224, [1999] BVC 245
England and Wales
Cited – Mason v Boscawen ChD 18-Dec-2008
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146002
A member of Parliament was able to proceed with an action for defamation in respect of matters of which he had been criticised by the appropriate committee in Parliament. The trial would not impeach Parliament though retrying the issues. Lord Woolf MR said: ‘the vice to which Article 9 is directed (so far as the courts are concerned) is the inhibition of freedom of speech and debate in Parliament that might flow from any condemnation by the Queen’s Courts, being themselves an arm of government, of anything there said.’
Lord Woolf MR, Hirst, Laws LJJ
Times 30-Mar-1999, Gazette 12-May-1999, [1999] EWCA Civ 1111, [1999] 1 WLR 1569, [1999] EMLR 501
European Convention on Human Rights 8
England and Wales
See Also – Hamilton v Al Fayed CA 24-Nov-1998
The defendant had made allegations of misconduct against the plaintiff as to his actions as an MP. The plaintiff now sought by this action, in effect, to overturn the results of the resultant parliamentary inquiry. . .
Cited – Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions Admn 21-Feb-2007
The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid.
Held: The court should not rely on . .
Appeal from – Hamilton v Al Fayed HL 23-Mar-2000
The claimant MP sued the defendant in defamation after he had alleged that the MP had corruptly solicited and received payments and benefits in kind as a reward for parliamentary services rendered.
Held: Parliament has protected by privilege . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146026
The court considered the extent of its inherent power if any to prevent not only abusive applications within proceedings, but also new proceedings entirely and also at County Court level.
[1999] 3 WLR 670, [1999] EWCA Civ 3043, [2000] Ch 484, [2000] BPIR 14
England and Wales
Updated: 05 December 2022; Ref: scu.146045
An administrator de son tort, who was also a beneficiary, held the estate property on trust, and so could not establish adverse possession against the estate during the period of trusteeship. He held a sufficient interest in the assets already. A delay in the application for the grant did not apply where time had not in any event begun to run before the application
Lord Justice Nourse Lord Justice Buxton And Sir Christopher Staughton
Gazette 21-Apr-1999, Times 29-Apr-1999, Gazette 12-May-1999, [1999] EWCA Civ 1141, [2000] Ch 155
Limitation Act 1980 Sch 1 Para 9, Administration of Estates Act 1925 9
England and Wales
Cited – Commissioner of Stamp Duties (Queensland) v Livingston PC 7-Oct-1964
A testator had died domiciled in New South Wales and with real and personal property both in New South Wales and in Queensland. He left one-third of his real and personal estate to his widow absolutely. She then died intestate, also domiciled in New . .
Cited – Re Leigh’s Will Trusts; Handyside v Durbridge ChD 1970
The testatrix’s husband and only child had drowned in an accident. She was his administratrix and sole beneficiary under his intestacy. At his death, the husband had been the owner of 51% of the issued shares in a company and had been owed money by . .
Cited – Paradise Beach and Transportation Co Ltd v Price-Robinson PC 1968
(Bahamas) The provisions in the Acts of 1833 and 1874 did away with the earlier doctrine of ‘non adverse’ possession, under which, in the absence of an ouster, the possession of one joint tenant or tenant in common was regarded as the possession of . .
Mentioned – Re Deans 1954
A Probate Judge is not considered to be a trustee. . .
Cited – In Re Williams 1886
The purpose of the section is to allow time to run against an administrator as from the intestate’s death, irrespective of whether a grant of administration has been obtained or not. . .
Cited – Green and others v Gaul and Another; In re Loftus deceased ChD 18-Mar-2005
The claimants began an action in January 2003 to seek to set aside the appointment of an administrator from December 1991, and to have set aside transfers of property made within the estate.
Held: The limitation period against a personal . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146056
A person had been assessed by the local authority under section 47 as being a person in urgent need of care and attention which was not otherwise available to him, so that he satisfied the criteria laid down in section 21(1)(a). He claimed that, following that assessment, the local authority had to meet these needs by providing accommodation until, upon a reassessment, it was decided that his needs had changed.
Held: The argument succeeded. The contrary argument, that this was no more than a ‘target’ duty in the sense of the label used in R v Inner London Education Authority, Ex p Ali in relation to the Education Act 1944, was rejected: ‘Once a local authority has assessed an applicant’s needs as satisfying the criteria laid down in section 21(1)(a), the local authority is under a duty to provide accommodation on a continuing basis so long as the need of the applicant remains as originally assessed, and if, for whatever reason, the accommodation, once provided, is withdrawn or otherwise becomes unavailable to the applicant, then (subject to any negative assessment of the applicant’s needs) the local authority has a continuing duty to provide further accommodation.’
Potter L
[1999] EWCA Civ 1153, (1999) 2 CCLR 340, [1999] 4 All ER 161
National Assistance Act 1948 21(1)(a), National Health Service and Community Care Act 1990 47
England and Wales
Cited – Regina v Inner London Education Authority, Ex parte Ali 1990
The broad duty imposed on a local education authority by section 8 ‘to secure that there shall be available for their area sufficient schools . . for providing primary education’ is a ‘target duty’. . .
Cited – Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A HL 23-Oct-2003
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult.
Held: There were four hurdles for the applicants to cross. They . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146068
The writ office of the High Court unjustifiably rejected a writ which the plaintiff asked to be issued and did not issue it until the limitation period had expired. The court held that it had inherent jurisdiction to direct that the writ should be treated as if it had been issued on the date when it should have been issued.
Evans LJ
[1999] EWCA Civ 1156
England and Wales
See Also – Riniker v University College London EAT 12-Dec-1995
. .
Appeal from – Riniker v University College London EAT 5-Feb-1997
. .
See Also – Regina v Lord Chancellor and others ex parte Riniker CA 28-Feb-1997
The applicant sought judicial review of a refusal of her request that a judgment of the Court of Appeal should not be published.
Held: The applicants complaints were not well founded. ‘Her attempt to restrain publication of the Court of Appeal . .
See Also – Riniker v University College London CA 25-Nov-1998
. .
Cited – Riniker v University College London EAT 23-Aug-1999
EAT Contract of Employment – Breach of Contract
EAT Contract of Employment – Breach of Contract. . .
Cited – St. Helens Metropolitan Borough Council v Barnes CA 25-Oct-2006
The claimant had delivered his claim form to the court, but it was not processed until after the limitation period had expired. The defendant appealed a finding that the claimant had brought the cliam within the necessary time.
Held: The claim . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146071
A party wishing to apply for leave to appeal against orders made on separate preliminary hearings within the same action need not issue one application for each order, but can combine them into one application. In this case the issues were related also.
Times 30-Apr-1999, [1999] EWCA Civ 1163
England and Wales
Distinguished – Hawes v Chief Constable of Avon and Somerset Constabulary; S v S; S v S CA 20-May-1993
Separate notices of appeal are not required for appeals against orders made in the same proceedings at the same trial or hearing. ‘There are three notices of appeal before us. Mr Hawes challenges three separate rulings of the judge during the course . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146078
No obligation on seller’s solicitor to provide completion statement.
[1999] EWCA Civ 1164
England and Wales
Updated: 05 December 2022; Ref: scu.146079
After protracted, complicated and bitter litigation, ‘To put the matter quite briefly, Mr and Mrs Rogers’s solicitors appear to be taking advantage rightly or wrongly – and if they have a legal right to do so, of course they have a right to do so – of the fact that these two sets of proceedings, all tied up intimately with the same subject-matter, have been going along side by side, and the proceedings which the Freeguards have been winning – being the proceedings before the Chancery master and in this court – have got out of kilter with the others, so that Mr and Mrs Rogers are seeking to enforce orders for costs made in their favour without Mr and Mrs Freeguards having the opportunity to set off against those costs orders for costs made in their favour. Added to that there is the oddity that the transfer is as of now being effectively blocked by Mr and Mrs Rogers seeking to enforce an order for costs amounting to over 12,000 pounds when taxed, which was ordered not to be enforced without leave. We have seen no order by the county court granting leave, and certainly Mr and Mrs Freeguards were never put on any notice at all that an application was going to be made to seek leave to enforce it, added to which Mr and Mrs Rogers seek to be enforcing an order for costs in their favour in this court, which was expressly ordered to be set off against the order for costs made in favour of Mr and Mrs Freeguard.’ The court made orders for the future orderly conduct of the matters.
[1999] EWCA Civ 1154
England and Wales
See Also – Freeguard v Rogers CA 26-Jan-1999
Judgment had been obtained. An order was in preparation for specific performance of an option over land. The parties were unable to agree the form of the order, and it was relisted.
Held: The Freeguards’ objections to the proposed form had no . .
See Also – Rogers and Another v Freeguard and Another CA 19-Oct-1998
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was . .
See Also – Freeguard v Rogers CA 26-Jan-1999
Judgment had been obtained. An order was in preparation for specific performance of an option over land. The parties were unable to agree the form of the order, and it was relisted.
Held: The Freeguards’ objections to the proposed form had no . .
See Also – Rogers and Another v Freeguard and Another CA 19-Oct-1998
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.146069
The issue raised by this appeal relates to the assessment of damages for conversion.
[1999] EWCA Civ 1138, [1999] 1 WLR 1664
England and Wales
Updated: 05 December 2022; Ref: scu.146053
Hudoc No violation of Art. 11; No violation of Art. 6-1; No violation of Art. 13; No violation of P1-1
The right to freedom of association under article 11 of the European Convention on Human Rights includes the right not to join or to withdraw from an association.
15573/89, [1996] ECHR 20, [1998] ECHR 67, [1996] 22 EHRR 409
Worldlii, Worldlii, Bailii, Bailii
European Convention on Human Rights 11
Human Rights
Cited – Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom ECHR 2-Jul-2002
The appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it. . .
Cited – Parkwood Leisure Ltd v Alemo-Herron and Others SC 15-Jun-2011
The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 December 2022; Ref: scu.165428