ARQ v YAQ: FC 19 May 2022

Cross applications for financial provision on divorce

Judges:

Mr Justice Moor

Citations:

[2022] EWFC 128, [2022] WLR(D) 442

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Family

Updated: 04 December 2022; Ref: scu.683200

Sargent v Reed: 1795

Prescription to take three bushels out of every ship’s cargo of barley for keyage is good.

Citations:

[1795] EngR 3027, (1795) 2 Str 1228, (1795) 93 ER 1148 (C)

Links:

Commonlii

Jurisdiction:

England and Wales

Transport

Updated: 04 December 2022; Ref: scu.355372

Newark and Sherwood District Council (Decision Notice): ICO 26 Nov 2013

The complainant has requested information from Newark and Sherwood District Council (the council?) that relates to planning applications made for an area of land. The council refused to comply with the request as it considered it to be vexatious and repeated under section 14(1) and 14(2) of the Freedom of Information Act (the FOIA?). The Commissioner’s decision is that the council has correctly refused the request on the grounds that it is vexatious under section 14(1) of the FOIA, but should also have cited regulation 12(4)(b) of the Environmental Information Regulations (the EIR?). He requires no steps to be taken by the council.
Section of Act/EIR and Finding: FOI 14 – Complaint Not upheld

Citations:

[2013] UKICO FS50497655

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 04 December 2022; Ref: scu.528907

Legal Remedy UK Ltd, Regina (on the Application Of) v Secretary of State for Health: Admn 22 May 2007

The applicant sought a judical review of a decision to continue with a scheme for recruitment of junior doctors after modification.
Held: The decision making process was a mess. Nevertheless, where the decision at issue involved the balancing of public policy issues in a context involving specialist knowledge, the court had to beware of adopting the role itself of policy maker. The more the deceision appeared to be one of policy, the less likely it was that the court could find an abuse of power.

Judges:

Goldring J

Citations:

[2007] EWHC 1252 (Admin), Times 29-Jun-2007

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions

Updated: 01 December 2022; Ref: scu.253299

Morren v Swinton and Pendlebury Borough Council: 1965

The court was asked whether the plaintiff had been an employee.
Held: ‘once the primary facts are found, then it is a pure question of law as to what is the reasonable inference based on the legal interpretation of the contract.’

Citations:

[1965] 1 WLR 576

Jurisdiction:

England and Wales

Cited by:

Cited – H, Regina v (Interlocutory application: Disclosure) HL 28-Feb-2007
The trial judge had refused an order requested at a preparatory hearing by the defence for the disclosure of documents held by the prosecutor. The House was now asked whether a right of appeal existed against such a refusal.
Held: The practice . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 01 December 2022; Ref: scu.252543

Bostock v Bryant: 1990

When considering whether a payment has been paid by way of rent, the court looks to the explanation or reason for the payment, asking whether the payment is for exclusive use and occupation of the premises. In this case a payment by occupiers in respect of gas and electricity bills was not a payment of rent but rather payment of their part of the expenses of occupation.

Citations:

[1990] 2 EGLR 101

Jurisdiction:

England and Wales

Cited by:

Cited – Vesely v Levy and others CA 27-Apr-2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement . .
Cited – West Wiltshire District Council v Snelgrove and Snelgrove Admn 17-Mar-1997
The council appealed against the acquittal of the defendants of offences under the 1977 Act. The occupiers were there under an informal temporary tenancy. The owners wished to move back in. The tenants had not left on the day appointed and on the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.251558

Whelpdale’s Case: 1604

Where a bond is delivered to somebody else to the use of the obligee, on being tendered is refused, the delivery of the deed was no longer effective, the obligee could not later agree to it, and the obligor could plead non est factum.

Citations:

(1604) 5 Co Rep 119, 77 ER 239

Jurisdiction:

England and Wales

Cited by:

Cited – Saunders (Executrix of the Will of Rose Maude Gallie, Deceased) v Anglia Building Society HL 9-Nov-1970
The Appellant had signed an assignment of her lease in favour of her nephew. She said she thought the effect of it would protect her right to continue to live in the house. She now appealed rejection of her plea of non est factum.
Held: The . .
Cited – Saunders (Executrix of the Will of Rose Maude Gallie, Deceased) v Anglia Building Society HL 9-Nov-1970
The Appellant had signed an assignment of her lease in favour of her nephew. She said she thought the effect of it would protect her right to continue to live in the house. She now appealed rejection of her plea of non est factum.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 01 December 2022; Ref: scu.253153

Kipping and Barlow v Ash: 1845

Citations:

[1845] 1 Rob Eccl 270

Jurisdiction:

England and Wales

Cited by:

Cited – O’Brien v Seagrave and Another ChD 23-Mar-2007
The claimant had cohabited with the deceased. After his death, she applied for a grant of letters of administration in his estate, but this was rejected on the basis that she had no sufficient interest to make a claim to probate. The deceased had . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 01 December 2022; Ref: scu.253199

Hingeston v Tucker: 1862

Citations:

[1862] 2 SW and TR 596

Jurisdiction:

England and Wales

Cited by:

Cited – O’Brien v Seagrave and Another ChD 23-Mar-2007
The claimant had cohabited with the deceased. After his death, she applied for a grant of letters of administration in his estate, but this was rejected on the basis that she had no sufficient interest to make a claim to probate. The deceased had . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 01 December 2022; Ref: scu.253200

Howton v Frearson: 1798

Where trustees sell land, and retain other land, and the sold land has no means of access save over the retained land, a right of way over the retained land in favour of the land sold is implied by operation of law.

Citations:

(1798) 8 Term Rep 50, [1798] 101 ER 1261

Jurisdiction:

England and Wales

Land

Updated: 01 December 2022; Ref: scu.253271

Newgrosh v Newgrosh: 28 Jun 1950

Citations:

Unreported, June 28, 1950

Jurisdiction:

England and Wales

Cited by:

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.

Trusts

Updated: 01 December 2022; Ref: scu.251496

Tabart v Tipper: 2 Jan 1808

The plaintiff said that the defendant had libelled him by saying that he was in the habit of publishing immoral and foolish books.
Held: It was open to a defendant denying the libel to establish through evidence that the criticism was fair.

Citations:

(1808) 1 Camp 350

Jurisdiction:

England and Wales

Citing:

Approved – Carr v Hood QBD 1808
Lord Ellenborough said: ‘it is not libellous to ridicule a literary composition, or the author of it, in so far as he has embodied himself with his work.
Every man who publishes a book commits himself to the judgment of the public, and anyone . .

Cited by:

Cited – Associated Newspapers Ltd v Burstein CA 22-Jun-2007
The newspaper appealed an award of damages for defamation after its theatre critic’s review of an opera written by the claimant. The author said the article made him appear to sympathise with terrorism.
Held: The appeal succeeded. Keene LJ . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 01 December 2022; Ref: scu.253557

Pell v Addison: 1860

Extent of lay rector’s duty of repair of the parish church.

Citations:

(1860) 2 FandF 29

Jurisdiction:

England and Wales

Cited by:

Cited – Parochial Church Council of the Parish Aston Cantlow and Wilmcote with Billesley Warwickshire v Wallbank ChD 5-Feb-2007
The defendants, had been found liable as owners of land which made them lay rectors of the local parish church, were called upon to contribute to the costs of repair of the church. They argued that the duty extended only to keeping it wind and . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 December 2022; Ref: scu.253502

A, Regina (on the application of) v South Yorkshire Police and Another: Admn 9 May 2007

Six youths challenged decisions that they should be prosecuted for offences of criminal damage rather than be given warnings in accordance with the Final Warning Scheme. They said that they had not sought representation at the police station after being told that they would receive only warnings. This was denied by the police. That denial was accepted by the court.
Held: The decision was within the range of proper decisions and was sustainable. May LJ: ‘these are judicial review proceedings and the court is concerned not to decide whether the decisions to charge and prosecute rather than give a final warning are decisions which we would ourselves have taken, but whether, on public law considerations, these were decisions which were beyond the lawful competence of those making them, or decisions reached by a flawed process such that they ought not to stand. ‘

Judges:

May LJ, Gray J

Citations:

[2007] EWHC 1261 (Admin)

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 65

Jurisdiction:

England and Wales

Citing:

Cited – F, Regina (on the Application of) v Crown Prosecution Service and Another Admn 12-Dec-2003
Jackson J said: ‘Save in exceptional circumstances, it is quite inappropriate for this court to step into the shoes of the crown prosecutor and to retake decisions which Parliament has entrusted to the crown prosecutor under the Prosecution of . .
Cited – Mondelly, Regina (on the Application of) v the Commissioner of the Police for the Metropolis Admn 29-Sep-2006
The defendant sought judicial review of his caution for possession of cannabis, saying that it went again the national guidance against such decisions after the reclassification of cannabis as a Class C banned substance. He had been arrested for a . .
Cited – Regina v Chief Constable of Kent ex parte L 1991
The discretion which is vested in the Crown Prosecution Service to continue criminal proceedings commenced by the police is subject to judicial review by the High Court, but only where it can be shown that the decision was made regardless of, or . .
Cited – Regina v Director of Public Prosecutions ex parte C Admn 6-Oct-2000
The court upheld a decision to prosecute a 15-year-old applicant for road traffic offences rather than to divert him from prosecution and caution. Penry-Davey J said: ‘It is clear from the case of R v Chief Constable of Kent ex parte L [1991] 93 Cr . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Police

Updated: 01 December 2022; Ref: scu.253295

Barraclough v Johnson: 1838

A public right of way was claimed and it was said that what mattered was the impression given to the public. Littledale J directed the jury: ‘A man may say that he does not mean to dedicate a way to the public, and yet, if he had allowed them to pass every day for a length of time, his declaration alone would not be regarded, but it would be for a jury to say whether he had intended to dedicate it or not. The facts may warrant them in believing that the way was dedicated, though he has said that he did not so intend: and, if his intention be insisted upon, it may be answered that he should have shewn it by putting up a gate, or by some other act.’

Judges:

Littledale J

Citations:

(1838) 8 Ad and E 99

Jurisdiction:

England and Wales

Land

Updated: 01 December 2022; Ref: scu.253531

CE and KM Bowra (T/a Albion Properties) v Dwight Barker: 20 May 1998

A passing rent agreed between the parties on the renewal of a lease is some guidance, but not conclusive as to the rent which should be fixed by the court.

Judges:

Mance J

Citations:

Unreported, 20 May 1998

Statutes:

Landlord and Tenant Act 1954 34(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Trans-World Investments Ltd v Dadarwalla CA 22-May-2007
Appeal against new rent fixed by court on renewal under the 1954 Act.
Held: The judge had erred by not considering the passing rent agreed between the parties pending determination by the court, and has also disregarded the rent of the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.252481

Rex v Warwickshall: 1785

The defendant, Jane Warwickshall had confessed to receiving stolen property. Because of that confession, the property was found in her lodgings concealed in the sackings of her bed.
Held: The court refused to admit her confession because it had been obtained by promise of favour, but ruled that facts discovered as a result of her inadmissible confession could be proved if that could be done:- ‘without calling in the aid of any part of the confession from which it may have been derived.’

Citations:

(1785) 1 Leach 263

Jurisdiction:

England and Wales

Cited by:

Cited – C Plc v P and Attorney General Intervening CA 22-May-2007
The respondent had been subject to a civil search, which revealed the existence of obscene images of children on his computer. He appealed against refusal of an order that the evidence should not be passed to the police as evidence. He said that the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Evidence

Updated: 01 December 2022; Ref: scu.252559

Moses Toms v Luckett: 1847

A lodger may in fact have exclusive possession of his room or rooms in a house, but that does not necessarily turn him into a tenant.

Judges:

Maule J

Citations:

(1847) 5 CB 23

Jurisdiction:

England and Wales

Cited by:

Cited – Vesely v Levy and others CA 27-Apr-2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.251556

Crystal Palace FC (2000) Ltd v Bruce: 22 Nov 2001

Citations:

Unreported, 22-Nov-01

Jurisdiction:

England and Wales

Cited by:

Mentioned – Crystal Palace FC (2000) Ltd v Dowie QBD 14-Jun-2007
The parties had agreed a compromise on the leaving of the defendant as manager. The club now said that the agreement had been obtained by fraudulent misrepresentation. He had been released but had said he had not had contact with another London club . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 01 December 2022; Ref: scu.253482

Thoroughgood’s case; Thoroughgood v Cole; Throwgood v Turnor, Moore: 1584

Where a signatory is blind, and the document is read to him falsely either by the grantee or by a stranger, then the deed is not binding on him. An illiterate signatory need not execute the deed without it being read over to him, but where he executes it without asking it to be read for him, then the deed is binding on him. The decision was based on the reading of the deed ‘in other words than in truth it is.’

Citations:

(1584) 2 Co Rep 9 (b), (1584) 76 ER 408, (1584) KB 148

Jurisdiction:

England and Wales

Cited by:

Cited – Saunders (Executrix of the Will of Rose Maude Gallie, Deceased) v Anglia Building Society HL 9-Nov-1970
The Appellant had signed an assignment of her lease in favour of her nephew. She said she thought the effect of it would protect her right to continue to live in the house. She now appealed rejection of her plea of non est factum.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 01 December 2022; Ref: scu.253150

Regina v Seward: 1970

The section in the 1967Act required as a precondition to a request for a breath specimen that an accident had occurred. The defendant complained that this was an issue of fact, but had been decided by the deputy chairman and not the jury.
Held: The appeal succeeded. Lord Widgery CJ said: ‘The issue whether there was an accident or not is not a matter which gives rise to a discretion of the court, it is a vital question going to guilt on this charge, because if the prosecution decide to base their proceedings upon the allegation that an accident occurred, they have to prove it as one of the essential factors in the case. Accordingly the deputy chairman, in our judgment, was wholly wrong in taking this issue away from the jury and determining it himself as he did.’

Judges:

Lord Widgery CJ

Citations:

[1970] RTR 102

Statutes:

Road Safety Act 1967 2(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Morris 1972
Whether the particular facts of a case amount to an accident is a question of law. In a case of disputed facts under s2(2) of the 1967 Act it is for the jury to decide the facts and apply to the facts found the judge’s direction as to the meaning of . .
Cited – Currie, Regina v CACD 26-Apr-2007
The defendant appealed his conviction for dangerous driving. The failure of the police to serve him with a notice of intended prosecution invalidated the conviction. The police replied that there was no need for such a notice because there had been . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Criminal Practice

Updated: 01 December 2022; Ref: scu.251520

Flight v Barton: 1832

The silence of the vendor’s agent is equivalent to a representation that there is no covenant prohibiting the current use of a property being sold.

Citations:

(1832) 3 My and K 282

Jurisdiction:

England and Wales

Cited by:

Cited – Hepworth v Pickles ChD 2-Nov-1899
The parties contracted for the sale and purchase of a shop which had been used continuously and openly with an off-licence for the sale of alcohol for twenty four years. After exchange, a restrictive covenant was revealed against the use of land as . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 December 2022; Ref: scu.252342

Mogridge v Clapp: 1892

The Court considered a provision of the 1882 Act which required a dealing with a tenant for life to be one in good faith said that good faith. Kekewich J said that the words ‘good faith’ were to be equated with the words ‘bona fides’, and: ‘I think that the best way of defining the expression (good faith) so far as it is necessary or safe to define it, is by saying that it is the absence of bad faith – of mala fides’.
Kay LJ said that good faith ‘must mean or involve a belief that all is being regularly and properly done’

Judges:

Kekewich J, Kay LJ

Citations:

[1892] 3 Ch 382

Statutes:

Settled Land Act 1882

Jurisdiction:

England and Wales

Cited by:

Cited – St Mary and St Michael Parish Advisory Company Ltd v The Westminster Roman Catholic Diocese Trustee, Her Majesty’s Attorney Genera and others ChD 6-Apr-2006
Parish members objected to the building within the church grounds of an education centre. They said that the land was to be used for the purposes of the members of the parish only under a trust deed of 1851.
Held: The deed had to be construed . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 01 December 2022; Ref: scu.242385

IK, Regina v: CACD 8 Mar 2007

The prosecutor appealed a finding that the proceeds of cheating the revenue were not the proceeds of crime within the 2002 Act.
Held: The appeal succeeded. The case was different from Galbraith in that there was a clear finding of a cheat. The fact that the original earnings were obtained by a legitimate trade did not affect the issue.

Judges:

Dyson LJ, Crane J, Radford J

Citations:

[2007] EWCA Crim 491, Times 28-Mar-2007, [2007] Crim LR 645, [2007] 2 Cr App Rep 10, [2007] WTLR 817, [2008] STC 1270, [2007] 1 WLR 2262, [2007] STI 1771

Links:

Bailii

Statutes:

Proceeds of Crime Act 2002 340(5), Criminal Justice Act 2003 58

Jurisdiction:

England and Wales

Citing:

Distinguished – Gabriel, Regina v CACD 2-Feb-2006
The appellant appealed convictions for possession of criminal property contrary to section 329(1)(c) of POCA. The police found him with sums of cash which the prosecution said were the proceeds of crime. After the jury had retired, the jury asked a . .
Cited – Regina v Galbraith CCA 1981
Rejection of Submission of No Case to Answer
The defendant had faced a charge of affray. The court having rejected his submission of having no case to answer, he had made an exculpatory statement from the dock. He appealed against his conviction.
Held: Lord Lane LCJ said: ‘How then . .
Cited – Regina v Frank Adam Moran (Attorney General’s Reference No 25 of 2001) CACD 27-Jul-2001
The defendant pleaded guilty to making false statements, and cheating the public revenue by understating his profits as a market trader over a protracted period. The judge made a confiscation order equal to the amount of undeclared profit. On . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.249915

Forbes v Ecclesiastical Commissioners for England: 1872

The purpose of inclosure under the Act was after all to extinguish manorial rights of common over the land inclosed, so that it could be at the free disposal of the owner, but the Act did not extinguish customary rights.

Citations:

(1872) LR 15 Eq 51

Statutes:

Inclosure Act 1845

Jurisdiction:

England and Wales

Cited by:

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.

Land

Updated: 01 December 2022; Ref: scu.242325

Department for Transport, Environment and the Regions v Mott Macdonald Ltd and others: CA 27 Jul 2006

Claims arose from accidents caused by standing water on roadway surfaces after drains had not been cleared by the defendants over a long period of time. The Department appealed a decision giving it responsibility under a breach of statutory duty under the 1980 Act.
Held: The appeal failed. The court was asked whether Burnside v Emerson remained binding on the court. The cases relied upon did not undermine that case. S111 had altered the duty but without revisiting the Burnside decision. Burnside remained binding.

Judges:

Sir Andrew Morritt, Chancellor, Carnwath LJ, Moses LJ

Citations:

[2006] EWCA Civ 1089, Times 17-Aug-2006, [2006] 1 WLR 3356

Links:

Bailii

Statutes:

Highways Act 1980 41(1), Railways and Transport Safety Act 2003 111

Jurisdiction:

England and Wales

Citing:

Cited – Burnside and Another v Emerson and Others CA 1968
The plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of . .
Cited – Regina v Inhabitants of High Halden 1859
highhalden1859
The court considered the liability of the parish for injury arising from a failure to repair the road. The road was ‘an old soft road formed of Weald of Kent clay, and had never been repaired with hard substances’. The evidence was that in wet . .
Cited – Fiona Thompson v Hampshire County Council CA 27-Jul-2004
The claimant fell into a ditch by a path on the highway in the dark. She appealed a finding of no liability on the highway authority.
Held: The authority’s responsibility was as to the surface structures of the road way and not as to the . .
Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – Burgess v Northwich Local Board 1880
In the context of the duty of a local parish to maintain a highway, Lindley J said: ‘An occasional flooding, even if it temporarily renders a highway impassable, is not sufficient to sustain an indictment for non-repair.’
Counsel accepted . .
Cited – Young v The Bristol Aeroplane Co Ltd CA 28-Jul-1944
Court of Appeal must follow Own Decisions
The claimant was injured and received compensation. He then sought to recover again, alleging breach of statutory duty by his employers.
Held: The Court of Appeal was in general bound to follow its own previous decisions. The court considered . .
Cited – Burnside and Another v Emerson and Others CA 1968
The plaintiffs were injured in a road accident caused by flooding. They sued the executors of the deceased driver whose car spun out of control into the path of their own car, and also the highway authority, who had installed a proper system of . .
Cited – Hereford and Worcester County Council v Newman CA 1975
The council had been found responsible by the magistrates for allowing footpaths to be ‘out of repair’. The paths were unusable for various reasons including having a hawthorn hedge growing down the middle, and having barbed wire fencing strung . .
Cited – Haydon v Kent County Council CA 1978
Impacted snow and ice had built up on a steep, narrow, made-up footpath from Monday to Thursday during a short wintry spell. The plaintiff slipped and broke her ankle. The highway authority operated a system of priorities. Their resources were fully . .
Cited – Thoburn v Northumberland County Council CA 19-Jan-1999
The claimant alleged that the defendant by allowing a flood across a road not to be cleared was in breach of their statutory duty under the 1980 Act.
Held: Though the blockage was not entirely on the Highway, the nature and extent of it was . .
Cited – Goodes v East Sussex County Council HL 16-Jun-2000
The claimant was driving along a road. He skidded on ice, crashed and was severely injured. He claimed damages saying that the Highway authority had failed to ‘maintain’ the road.
Held: The statutory duty on a highway authority to keep a road . .
Cited – Dublin United Tramways Co Ltd v Martin Fitzgerald HL 1903
The plaintiff sued when his horse slipped on tramlines in the road and fell. Stone setts or paving between the rails of a tramway in Grafton Street, Dublin, had become slippery owing to the grit or roughness of setts being worn away. In that state, . .
Cited – Bishop v Consolidated London Properties Ltd 1933
Lord du Parq treated the landlord’s duty of repair as including the removal of blockages from rainwater downpipes: ‘to repair after all merely means to prepare or make fit again to perform its function: it means to put in order.’ . .
Cited – Quick v Taff Ely Borough Council CA 1986
Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to . .
Cited – London and North Eastern Railway Company v Berriman HL 1946
Railway workers duties outside scope for damages
A railway worker’s widow sought compensation after her husband was killed by a train.
Held: He had been involved in routine maintenance and oiling at the time of the accident and was not ‘relaying or repairing’ tracks. She was not entitled to . .
Cited – Sandgate UDC v Kent CC 1898
The court considered an arbitration award relating to responsibilities for the cost of maintaining a so-called ‘Esplanade’ adjoining the highway, and a sea-wall and groynes which had been built to protect it from inundation. The statute enabled the . .
Lists of cited by and citing cases may be incomplete.

Transport, Negligence

Updated: 01 December 2022; Ref: scu.244098

Simmonds v Cockell: 1920

The insurance policy warranted that the premises would be always occupied. The premises were damaged while the insured and his wife were absent for a few hours.
Held: The warranty did not require a permanent continuous presence, and the insurer did not avoid liability. If the insurers had wanted a ‘continuous presence of some one in the premises’, they could have stipulated that ‘the premises were never to be left unattended’.

Judges:

Roche J

Citations:

[1920] 1 KB 843

Jurisdiction:

England and Wales

Cited by:

Cited – GE Frankona Reinsurance Ltd v CMM Trust No.1400 (the ‘Newfoundland Explorer’) AdCt 22-Mar-2006
The owner sought to claim under his insurance policy. The yacht was, in the policy warranted to be fully crewed at all times. The owner had left the boat to return a few hours later when it was found on fire.
Held: The insurance claim failed. . .
Lists of cited by and citing cases may be incomplete.

Insurance

Updated: 01 December 2022; Ref: scu.242639

Pender v Reid: 1948

When a court is asked whether a dwelling-house is let with other land, it must determine whether the land is the adjunct of the dwelling-house, or the dwelling-house the adjunct of the land.

Citations:

1948 SC 381

Jurisdiction:

Scotland

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.245815

Bonham-Carter v Hyde Park Hotel: 1948

A party claiming damage for breach of a covenant to repair in a lease must prove that damage.

Judges:

Goddard LCJ

Citations:

(1948) 64 TLR 177

Jurisdiction:

England and Wales

Cited by:

Cited – Crewe Services and Investment Corporation v Silk CA 2-Dec-1997
The landlord brought proceedings against the tenant for failure to keep his tenanted farm in a good state of repair. The judge awarded the cost of the landlord doing the repairs himself, making no discount for the possibility that the tenant might . .
Cited – Latimer and Another v Carney and others CA 27-Oct-2006
The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed.
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.245776

Promar International Ltd v Clarke: CA 4 Apr 2006

Breach of post employment restrictive covenant.

Judges:

Mr Justice Bennett Lady Justice Hallett

Citations:

[2006] EWCA Civ 332

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – BCT Software Solutions Ltd v C Brewer and Sons Ltd CA 11-Jul-2003
A copyright infringement case had been settled, but the court was to quantify and apportion costs. Some andpound;700,000 having been spent when the damages amounted to andpound;10,000.
Held: Denne did not oust the court’s jurisdiction to hear . .
Lists of cited by and citing cases may be incomplete.

Contract, Costs

Updated: 01 December 2022; Ref: scu.240108

Mitchell v McCulloch: 1976

Judges:

Lord McDonald

Citations:

1976 SC 1

Jurisdiction:

England and Wales

Cited by:

Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 01 December 2022; Ref: scu.242987

Coulls v Bagot’s Executor and Trustee Co Ltd: 21 Mar 1967

(High Court of Australia) The court considered an action for damages by a party to a contract to enforce an obligation intended to benefit another.
Held: Windeyer J: ‘ I can see no reason why in such cases the damages which A would suffer upon B’s breach of his contract to pay C $500 would be merely nominal: I think that in accordance with the ordinary rules for the assessment of damages for breach of contract they could be substantial. They would not necessarily be $500; they could I think be less or more.’

Judges:

Barwick C.J.(1), McTiernan(2), Taylor(3), Windeyer(4) and Owen(3) JJ

Citations:

(1967) 119 CLR 460

Links:

Austlii

Jurisdiction:

Australia

Citing:

Explained – Lloyd’s v Harper 1888
Lush LJ said: ‘ The next question which, no doubt, is a very important and substantial one, is, that Lloyds, having sustained no damage themselves could not recover for the losses sustained by third parties by reason of the default of Robert Henry . .

Cited by:

Cited – Beswick v Beswick HL 29-Jun-1967
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating . .
Lists of cited by and citing cases may be incomplete.

Contract, Damages

Updated: 01 December 2022; Ref: scu.251052

Robert Addie and Sons v Solicitor of Inland Revenue: 1875

When computing profits for tax purposes, the taxpayer is not allowed to deduct any sums for depreciation of capital assets. Lord Deas: ‘I think it is better not to run the risk of making any confusion in the grounds of judgment by adding anything to what your Lordship has said.’

Judges:

Lord Deas

Citations:

(1875) 2 R 431

Jurisdiction:

England and Wales

Cited by:

Cited – Revenue and Customs v William Grant and Sons Distillers Ltd HL 28-Mar-2007
The Revenue appealed findings as to the calculation of profits for corporation tax. The companies had sought to deduct sums from profits for depreciation of unsold stock in accordance with current accounting standards.
Held: ‘the profit and . .
Lists of cited by and citing cases may be incomplete.

Income Tax

Updated: 01 December 2022; Ref: scu.251451

Williams v The Queen: PC 25 Apr 2006

PC Jamaica – the appellant had been twelve when convicted on his own confession of murder. He said that the statement after oppression. The statement had been challenged but admitted without following the necessary procedure.

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2006] UKPC 21

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Mitchell v The Queen PC 24-Jan-1998
(Bahamas) The judge’s decision on a voire dire to determine the admissibility of a confession should not be revealed to the jury since it might cause unfair prejudice to the defendant by conveying the impression that the judge had reached a . .
Cited – Regina v Mushtaq HL 21-Apr-2005
The defendant was convicted of fraud charges. He sought to have excluded statements made in interview on the basis that they had been obtained by oppressive behaviour by the police. His wife was very seriously ill in hospital and he had made the . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.241471

Regina v Jones: 1959

There were two criminal acts and the defendant had two purposes, one ancillary to the other. His primary intention was to steal. Having stolen the money, he then killed as he left the house in order to avoid detection.

Citations:

[1959] 1 QB 291

Jurisdiction:

England and Wales

Cited by:

Cited – Evon Smith v The Queen PC 14-Nov-2005
PC (Jamaica) The Board was asked whether the offence was a capital murder. The murder was committed in the course of a burglary. The defendant had stood on a ladder and reached in through a window and attacked . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 01 December 2022; Ref: scu.237281

Jagan v Ganpat and Others: 1999

(Court of Appeal in Guyana) An appellate court ought to act very cautiously before deciding to overturn findings of fact by a trial judge, even where it inclines to the view that the trial judge’s treatment of the evidence in a written judgment had not been as thorough as it might have been.

Citations:

(1999) 60 WIR 270

Jurisdiction:

England and Wales

Cited by:

Cited – Kwasi Bekoe v Horace Broomes PC 31-Oct-2005
PC (Trinidad and Tobago) The appellant defendant was an attorney-at-law, and the respondent a senior magistrate who was said to have accused the claimant of having given a bribe. The appellant challenged the . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 December 2022; Ref: scu.237484

Froom v Butcher: 24 Jun 1974

The plaintiff was a front seat passenger injured in a car crash. The defendant sought to have the damages award reduced for the contributory negligence of the plaintiff in not wearing a seat belt.
Held: There was considerable disagreement between people as to the wisdom of wearing seatbelts. In the absence of such agreement us, the plaintiff could not be said to be negligent.
Nield J said: ‘I do not feel that the courts are justified in invading the freedom of choice of the motorist by holding it to be negligence, lack of care or fault, to act upon an opinion firmly and honestly held and shared by many other sensible people.’

Judges:

Nield J

Citations:

[1974] 1 WLR 1297

Jurisdiction:

England and Wales

Cited by:

Appeal from – Froom v Butcher CA 21-Jul-1975
The court asked what reduction if any should be made to a plaintiff’s damages where injuries were caused not only by the defendant’s negligent driving but also by the failure of the plaintiff to wear a seat belt. It had been submitted that, since . .
Lists of cited by and citing cases may be incomplete.

Negligence

Updated: 01 December 2022; Ref: scu.237430

Kerr v Stephens: CA 15 Feb 2006

The claimant sought a declaration that she had inherited her mother’s stautory tenancy in 1987. She alleged encroachment by the landlord and a failure to repair. The landlord denied that she actually lived there so as to attract the protection of the 1977 Act. She received housing benefit. She said she had been driven out temporarily by the landlord bringing in a family.
Held: The judge’s conclusions were ones plainly open to him on the facts, and the appeal was unsustainable.

Judges:

Buxton LJ, Jonathan Parker LJ

Citations:

[2006] EWCA Civ 187

Links:

Bailii

Statutes:

Rent Act 1977 2(1)(a)

Jurisdiction:

England and Wales

Citing:

Cited – Beck v Scholz CA 1953
The court faced ‘a jury question to be determined by applying ordinary common sense’. And ‘The question posed and to be answered by ordinary commonsense standards, is whether the particular premises are in the personal occupation of the tenant as . .
Lists of cited by and citing cases may be incomplete.

Housing

Updated: 01 December 2022; Ref: scu.240092

Lord Saltoun v Advocate General for Scotland: 1860

Citations:

(1860) 3 Macq 659

Jurisdiction:

Scotland

Cited by:

Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
Lists of cited by and citing cases may be incomplete.

Scotland

Updated: 01 December 2022; Ref: scu.237570

Lever Faberge Ltd v Colgate Palmolive: 2005

In intellectual property cases, the court might be ready to grant a declaration without undertaking the full enquiry which would precede a declaration in other areas of law.

Citations:

[2005] EWHC 2655 (Patents)

Jurisdiction:

England and Wales

Cited by:

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.

Intellectual Property

Updated: 01 December 2022; Ref: scu.237723

Southern v How: 1616

A trader left counterfeit jewels with a factor who in turn arranged for an agent to sell them as genuine articles. The purchaser discovered the fraud, and had the agent arrested and had the money returned to him.
Held: No action lay as between the agent and the original trader. Even though the agent was innocent of the fraud, especially where the jury found no instruction from the trader to the factor to find an agent or to ask the factor to conceal the nature of the items. The factor having been authorised himself could not delegate that agency without authority from the trader.
Doderidge J: ‘An action upon the case was brought in the Common Pleas by a clothier, that whereas he had gained great reputation for his making of his cloth, and by reason whereof he had great utterance to his great benefit and profit, and that he used to set his mark to the cloth whereby it should be known to be his cloth, and another clothier perceiving it, used the same mark to his ill-made cloth on purpose to deceive him, it was resolved that an action did well lie’.

Judges:

Montague J, Doderidge J

Citations:

[1616-1618] J Bridg 125, Cro Jac 468, Poph 143, 123 ER 1248

Jurisdiction:

England and Wales

Cited by:

Cited – Magnolia Metal Co v Tandem Smelting Syndicate Ltd 1900
‘Going back . . as far as the reign of Elizabeth the form of action which this Statement of Claim adopts has undoubtedly been a form of action in which if the right of a man to have the reputation of selling that which is his manufacture as his . .
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.

Agency

Updated: 01 December 2022; Ref: scu.239039

Thomas v Dering: 1837

The court put forward: ‘the general principle that the court will not execute a contract, the performance of which is unreasonable or will be prejudicial to persons interested in the property, but not parties to the contract’

Judges:

Lord Langdale

Citations:

(1837) 1 Keen 729, [1837] EngR 595, (1837) 1 Keen 729, (1837) 48 ER 488

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Cedar Holdings Ltd v Green CA 1981
A property was held in the joint names of a former husband and wife. To obtain a loan for the husband, a legal charge over the property was executed by the husband, but he had another woman execute for the wife, pretending to be her. The chargee . .
Cited – Bankers Trust Company v Namdar and Namdar CA 14-Feb-1997
The bank sought repayment of its loan and possession of the defendants’ property. The second defendant said that the charge had only her forged signature.
Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and . .
Lists of cited by and citing cases may be incomplete.

Land, Equity

Updated: 01 December 2022; Ref: scu.238940

AB and others v Department of Trade and Industry S/A British Coal Corporation: CA 21 Dec 2005

Judges:

Lord Justice Brooke Lord Justice Neuberger Sir Anthony Clarke MR

Citations:

[2005] EWCA Civ 1737

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – AB and others v British Coal Corporation and Coal Mining Contractor Defendants QBD 22-Jun-2004
. .

Cited by:

See Also – AB and others v British Coal Corporation and others CA 19-Oct-2006
A collective compensation agreement, which required affected persons to submit their claims, along with medical evidence, through authorised solicitors to be compensated on the basis of agreed damages formula, was introduced. . .
See Also – AB and others v British Coal Corporation and Another ComC 18-May-2007
Resolution of disputes that have arisen between four claimants and the Department of Trade and Industry (DTI) in relation to the smoking history of four miners, (three of them now deceased), in respect of whom claims for damages have been made . .
See Also – AB and others v British Coal Corporation (Department of Trade and Industry) QBD 27-Jun-2007
The parties disputed the effect of the Claims Handling Agreement (CHA) which regulated claims for compensation for respiratory diseases incurred by people working for the defendant as regards the circumstances for claimants with chronic bronchitis. . .
See Also – AB and others v British Coal Corporation (Department of Trade and Industry) (Costs) QBD 27-Jun-2007
. .
See Also – AB and others v British Coal Corporation (Rulings Appended) QBD 13-Aug-2007
. .
See Also – AB and others v British Coal Corporation ComC 15-Jan-2008
. .
Lists of cited by and citing cases may be incomplete.

Costs, Personal Injury

Updated: 01 December 2022; Ref: scu.239957

Green v Johnston: 1995

(Victoria High Court) Beach J: ‘In a multicultural society, such as we have in this country, it is my opinion that great weight should be given to the cultural and spiritual laws and practices of various cultural groups forming our society, and that great care should be taken to ensure that their laws and practices, assuming they are otherwise lawful, are not disregarded or abused.’

Judges:

Beach J

Citations:

(1995) 2 VR 176

Jurisdiction:

Australia

Coroners

Updated: 01 December 2022; Ref: scu.238300

Cyprus v Turkey: 1 May 1975

(Commission) Turkey argued that she had not extended her jurisdiction to the island of Cyprus because she had neither annexed a part of the island nor established a military or civil government there. She maintained that the administration of the Turkish Cypriot community had absolute jurisdiction over part of the island.
Held: The Commission described the scope of the SAA doctrine: ‘Nationals of a State, including registered ships and aircrafts, are partly within its jurisdiction wherever they may be, and…authorised agents of a State, including diplomatic or consular agents and armed forces, not only remain under its jurisdiction when abroad but bring any other persons or property ‘within the jurisdiction’ of that State, to the extent that they exercise authority over such persons or property. Insofar as, by their acts or omissions, they affect such persons or property, the responsibility of the State is engaged.’ The Commission set out the terms of reference of its future inquiry as necessitating an examination whether Turkey’s responsibility under the Convention was engaged ‘because persons or property in Cyprus have in the course of her military action come under her actual authority and responsibility at the time.’ and
‘It follows that these armed forces are authorised agents of Turkey and that they bring any other persons or property in Cyprus ‘within the jurisdiction’ of Turkey, in the sense of Art. 1 of the Convention, to the extent that they exercise control over such persons or property. Therefore, insofar as these armed forces, by their acts or omissions affect such persons’ rights or freedoms under the Convention, the responsibility of Turkey is engaged.’

Citations:

Unreported, May 1975, (1976) 4 EHRR 482

Jurisdiction:

Human Rights

Cited by:

Cited – Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence CA 21-Dec-2005
The claimants were dependants of Iraqi nationals killed in Iraq.
Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The . .
Lists of cited by and citing cases may be incomplete.

Human Rights

Updated: 01 December 2022; Ref: scu.238296

Shell UK Ltd v Lostock Garage Ltd: 1976

The implication of a term into a contract does not depend on the parties’ intention, actual or presumed, but on broader considerations.
As to the requirement for certainty when implying a term into a contract, the proposed implied term must be ‘reasonably certain’ (per Sales J in Torre Asset Funding, cited by Lewison at para 6-10), a relative lack of precision in defining an implied term may not be a reason not to imply a term for a court will not shrink from deciding which side of the line a particular case falls

Judges:

Lord Denning (dissenting), Bridge LJ

Citations:

[1976] 1 WLR 1187, [1977] 1 All ER 481

Jurisdiction:

England and Wales

Cited by:

Cited – Allan Janes Llp v Johal ChD 23-Feb-2006
The claimant sought to enforce a restrictive covenant against the defendant a former assistant solicitor as to non-competition within a certain distance of the practice for a period of three years. After leaving she had sought to set up partnership . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 01 December 2022; Ref: scu.240038

Dent v Turpin: 1861

Citations:

(1861) 2 J and H 139

Jurisdiction:

England and Wales

Cited by:

Cited – Chocosuisse, Kraft Jacobs Suchard (Schweiz) Ag, Chocoladefabriken Lindt and Sprungli (Schweiz) Ag v Cadbury Limited PatC 29-Oct-1997
The plaintiffs brought actions in passing off against the defendant company in respect of their chocolate products. They objected to the use of the terms ‘Swiss Chocolate’ applied to chocolates not made in Switzerland.
Held: The claimant had . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 01 December 2022; Ref: scu.239096

Wemyss v Hopkins: 1875

The defendant had been convicted under a statutory offence, on the basis that as a driver of a carriage he had struck a horse ridden by the prosecutor causing hurt and damage to the prosecutor. He was then summoned again for what appeared to be a different offence, of having unlawfully assaulted, struck and otherwise abused the prosecutor. The two offences were in fact founded on one and the same incident.
Held: On a case stated the second conviction was quashed.

Citations:

(1875) LR 10 QB 378

Jurisdiction:

England and Wales

Cited by:

Cited – Connelly v Director of Public Prosecutions HL 1964
Plea of Autrefois Acquit is Narrow in Scope
The defendant had been tried for and acquitted of murder. The prosecution then sought to have him tried for robbery out of the same alleged facts. The House considered his plea of autrefois convict.
Held: The majority identified a narrow . .
Cited – Regina v Z (Prior acquittal) HL 22-Jun-2000
The defendant on a charge of rape had been tried and acquitted of the rape of different women on three previous occasions in three separate trials. The prosecution wished to call those three complainants to give similar fact evidence in support of . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 01 December 2022; Ref: scu.237473

Russell v Magistrates of Hamilton: 1897

An interdict was granted against the Provost and Magistrates of Hamilton.

Citations:

(1897) 25 R 350

Jurisdiction:

Scotland

Cited by:

Cited – Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C SCS 18-Dec-2001
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act.
Held: The prisoner had followed through his rights to . .
Lists of cited by and citing cases may be incomplete.

Magistrates

Updated: 01 December 2022; Ref: scu.237560

Southorn v Reynolds: 1865

Citations:

(1865) 12 LT (NS) 75

Jurisdiction:

England and Wales

Cited by:

Cited – Chocosuisse, Kraft Jacobs Suchard (Schweiz) Ag, Chocoladefabriken Lindt and Sprungli (Schweiz) Ag v Cadbury Limited PatC 29-Oct-1997
The plaintiffs brought actions in passing off against the defendant company in respect of their chocolate products. They objected to the use of the terms ‘Swiss Chocolate’ applied to chocolates not made in Switzerland.
Held: The claimant had . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 01 December 2022; Ref: scu.239097

Runnymede Borough Council v Smith: 1986

The section provided protection even for caravans which had come on to the site with knowledge of the stop notice, and an injunction was refused on these grounds.

Citations:

[1986] JPEL 592

Statutes:

Town and Country (Amendment) Act 1971 90(2)(b)

Jurisdiction:

England and Wales

Cited by:

Cited – Wilson v Wychavon District Council and Another Admn 20-Dec-2005
The claimant complained that the law which protected an occupier of a dwelling house from a temporary stop notice did not apply to those living in caravans, and that this was discriminatory.
Held: The claim failed. ‘usually a change of use of . .
Cited – Wilson, Regina (on the Application of) v Wychavon District Council and Another CA 6-Feb-2007
The claimants said that an enforcement notice issued against them under a law which would prevent such a notice against the use of a building as a dwelling, but not against use of a caravan as a dwelling, discriminated against them as gypsies.
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 01 December 2022; Ref: scu.237731

Guinness v Ullmer: 1847

Labels similar to the ones used by the plaintiffs had been printed by a Mr Taylor from blocks manufactured by the defendants, and a trade mark infringement was seemingly alleged.
Held: An injunction was granted to prevent the defendants from producing or selling blocks or plates adapted to print labels similar to those of the plaintiff.

Citations:

(1847) 10 LT (OS) 127

Jurisdiction:

England and Wales

Cited by:

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.

Intellectual Property

Updated: 01 December 2022; Ref: scu.239046

Cowley v Heartley: 24 Jul 1986

It is the courts’ function to control illegality and make sure that a body does not act outside its powers.

Judges:

Sir Nicolas Browne-Wilkinson V-C

Citations:

Times 24-Jul-1986

Jurisdiction:

England and Wales

Citing:

Approved – McInnes v Onslow-Fane ChD 1978
The applicant had been granted a boxing manager’s licence for several years. He appealed its refusal now over a few years.
Held: The case was in the application for a licence rather than in a forfeiture or an expectation class, and there was . .

Cited by:

Mentioned – Flaherty v National Greyhound Racing Club Ltd CA 14-Sep-2005
The club regulated greyhound racing. The claimant had complained that its disciplinary proceedings had been conducted unfairly. He said that a panel member had an interest as veterinary surgeon in the proceedings at the stadium at which the alleged . .
Lists of cited by and citing cases may be incomplete.

Natural Justice, Contract

Updated: 01 December 2022; Ref: scu.230095

In re Gomersall: 1867

Bills with a face value of pounds 1,700 were purchased for pounds 200.
Held: Proof that the goods were purchased at a much lower price than the ordinary trade price is not absolute proof of bad faith but is very strong evidence of fraudulent knowledge.

Judges:

Brett J

Citations:

(1875) 1 ChD 137

Jurisdiction:

England and Wales

Cited by:

Cited – GE Capital Bank Ltd v Rushton and Another CA 14-Dec-2005
The bank had entered into a master trading agreement with a trader under which the trader bought motor vehicles as agent for the bank for resale. The vehicles belonged to the bank. The defendant bought all the trader’s vehicles. The defendant now . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 01 December 2022; Ref: scu.236667

Regina v Secretary of State for the Environment ex parte Riley: 1990

The court considered the effect of a reclassification of a road under the 1968 Act.
Held: Reclassification as a bridleway left open the possible existence of public vehicular rights since the 1968 Act had left the effect of the proviso in section 32(4)(b) in th e1949 Act unaltered and contained no positive word about extinguishment save for the one reference in Paragraph 10(c).

Judges:

Macpherson J

Citations:

[1990] 59 P and CR 1

Statutes:

National Parks and Access to the hcountryside Act 1948, Countryside Act 1968

Jurisdiction:

England and Wales

Citing:

Disapproved – Regina v Secretary of State for the Environment ex parte Hood CA 1975
The court considered the nature of the 1949 Act: ‘The object of the statute is this: it is to have all our ancient highways mapped out, put on record and made conclusive, so that people can know what their rights are. Our old highways came into . .

Cited by:

Cited – Kind, Regina (on the Application of) v Secretary of State for Environment, Food and Rural Affairs Admn 27-Jun-2005
The applicant challenged a refusal to confirm a draft order recognising a road used as a path as a byway open to all traffic.
Held: The challenge succeeded. The path had been shown under the 1948 Act as a road used as a public path. The . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 December 2022; Ref: scu.229816

Sovracht (V/O) v Van Udens Scheepvaart en Agentuur Maatshappij: 1943

The rule that an enemy alien may not prosecute an action is based on public policy, namely the need for the protection of the state in time of war.

Citations:

[1943] AC 203

Jurisdiction:

England and Wales

Cited by:

Cited – Amin v Brown ChD 27-Jul-2005
The defendant raised as a preliminary point the question of whether the claimant, an Iraqi, was an enemy alien, and therefore debarred from bringing proceedings to recover.
Held: Under modern law it could not be a requirement that a state of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 December 2022; Ref: scu.230004

Quarter Master UK Ltd v Pyke: 2005

The ‘no conflict rule’ ceased to apply once a director had resigned his office went on to consider the ‘no profit rule.’ Paul Morgan QC: ‘The position is less straightforward in relation to the rules described above as to profiting from the property of the company or from a fiduciary position. If Mr Newson and Mr Pyke acquired property or had available to them the use of property, which was the property of the company, and then Mr Newson and Mr Pyke ceased to be directors of the company but retained the property described above, then it would seem that the mere fact that they had ceased to be directors of the company would not enable them to deal with the company’s property for their own benefit, and in disregard of the fiduciary obligations they owed the company in relation to that property: see the Simonet case at [para] 96. Accordingly, there will be cases where directors who have effectively resigned their directorships will continue to owe fiduciary obligations to the company in relation to the company’s property retained by the directors. There is also a group of cases dealing with what has been described as a ‘maturing business opportunity’ where former directors have continued to owe fiduciary obligations to the company in relation to such a business opportunity even after the termination of the relevant directorships: see the decision of the Supreme Court of Canada in Canadian Aero Services Ltd v O’Malley . . and the Simonet case.’

Judges:

Paul Morgan QC

Citations:

[2005] 1 BCLC 245

Jurisdiction:

England and Wales

Cited by:

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.

Company

Updated: 01 December 2022; Ref: scu.230279

Burns-Anderson Independent Network Plc v Francis Henry Wheeler: 2005

(Bristol Mercantile Court) The power to extend time to challenge the court’s jurisdiction in a matter was assumed to exist.

Judges:

HH Judge Havelock-Allen QC

Citations:

[2005] 1 Lloyd’s Rep 580

Jurisdiction:

England and Wales

Cited by:

Cited – Sawyer v Atari Interactive Inc ChD 1-Nov-2005
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 December 2022; Ref: scu.237261

Henniker v Wigg: 1843

A bond was given, and payments made under it. One party sought to say that the payments must be applied as against the first items secured or in full satisfaction.
Held: The rule that payments made were to be applied against the first debts could be set aside by the actions of the parties showing a contrary intention, particularly where the bond was intended as a continuing security.

Citations:

(1843) 4 QB 792, [1843] 1 Dav and Mer 160, [1843] 7 Jur 1058, [1843] 114 ER 1095

Jurisdiction:

England and Wales

Contract

Updated: 01 December 2022; Ref: scu.229291

Murphey v Caralli: 22 Nov 1864

Citations:

(1864) 3 H and C 462, [1864] EngR 786, (1864) 3 H and C 462, (1864) 159 ER 611

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others CA 10-Oct-2005
Severe flood damage had been caused to a factory, where air-conditioning was being installed, by the negligence of a fitter’s mate; the fitter and his mate had been supplied on a labour only basis by the third defendant to the second defendant to . .
Lists of cited by and citing cases may be incomplete.

Vicarious Liability

Updated: 01 December 2022; Ref: scu.231005

re “The DAVID AGMASHENEBELI”: 2003

Tt is the shipper or his agent who is delivering the cargo and so it is the shipper who has actual or imputed knowledge as to its condition. The shipper will or ought to know whether there is any discrepancy between the description of the cargo in the sale documents or supplier’s note and the cargo which is actually to be loaded on board the ship. If the Master is under an obligation to the shipper under Article III(3) of the Hague Visby Rules, the Master must issue a bill of lading indicating the apparent order and condition of the cargo loaded on board. Therefore, before the Master can issue bills of lading that comply with the Hague Visby Rules obligation, he has to take a reasonable, non – expert view of the cargo that is about to be loaded, as he sees it. He must decide whether the ‘apparent order and condition’ of the cargo to be loaded is accurately described in the bills of lading and, if the expression ‘apparent good order and condition’ is used in the bill of lading, whether the apparent order and condition of the cargo is ‘good’, ie. ‘proper’.

Judges:

Colman J

Citations:

[2003] 1 Lloyd’s Rep 92

Jurisdiction:

England and Wales

Cited by:

Cited – Sea Success Maritime Inc v African Maritime Carriers Ltd ComC 15-Jul-2005
The ship’s master had refused to accept the cargo relying on clause 52 of the standard form charterpraty agreement saying that the cargo had been damaged.
Held: Only if the shippers continued to insist on the description, and the master . .
Lists of cited by and citing cases may be incomplete.

Transport

Updated: 01 December 2022; Ref: scu.229996

City of Berne v Bank of England: 1804

A state not recognised by the United Kingdom government has no standing in the English courts.

Citations:

(1804) 9 Ves 347

Jurisdiction:

England and Wales

Cited by:

Cited – North Cyprus Tourism Centre Ltd and Another, Regina (on the Application Of) v Transport for London Admn 28-Jul-2005
The defendants had prevented the claimants from advertising their services in North Cyprus on their buses, and justified this saying that the Crown did not recognise the Turkish Republic of North Cyprus since it was the result of an unlawful . .
Lists of cited by and citing cases may be incomplete.

International

Updated: 01 December 2022; Ref: scu.230015

Ex parte Hamble (Offshore) Fisheries Ltd: 1995

Judicial review was requested of a decision of the Minister to declare a moratorium on the permitted transfer of certain fishing licences.
Held: The request failed. Sedley J put forward a test for what makes a claim for a legitimate expextation: ‘These considerations, I think, bring one closer to some conceptual understanding of what makes an expectation legitimate. Legitimacy in this sense is not an absolute. It is a function of expectations induced by government and of policy considerations which militate against their fulfilment. The balance must in the first instance be for the policy-maker to strike; but if the outcome is challenged by way of judicial review, I do not consider that the court’s criterion is the bare rationality of the policy-maker’s conclusion. While policy is for the policy-maker alone, the fairness of his or her decision not to accommodate reasonable expectations which the policy will thwart remains the court’s concern (as of course does the lawfulness of the policy). To postulate this is not to place the judge in the seat of the minister. As the foregoing citations explain, it is the court’s task to recognise the constitutional importance of ministerial freedom to formulate and to reformulate policy; but it is equally the court’s duty to protect the interests of those individuals whose expectation of different treatment has a legitimacy which in fairness outtops the policy choice which threatens to frustrate it.’ He asked rhetorically whether the Minister’s decision was fair:- ‘This, as I have held, while initially a question for the minister is ultimately a question for the court. But, in answering the question, the minister’s policy objectives and reasoning form as important an element of the forensic exercise as do the potency and reasonableness of the applicant’s expectations.’

Judges:

Sedley

Citations:

[1995] 2 All ER 714

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Lists of cited by and citing cases may be incomplete.

Administrative

Updated: 01 December 2022; Ref: scu.237256

USF Ltd v Aqua Technology Hanson NV/SA: 30 Jan 2001

Extension of time to challenge jurisdiction of the court.

Citations:

Unreported, 30 January 2001

Jurisdiction:

England and Wales

Cited by:

Cited – Sawyer v Atari Interactive Inc ChD 1-Nov-2005
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant . .
Lists of cited by and citing cases may be incomplete.

Civil Procedure Rules

Updated: 01 December 2022; Ref: scu.237259

Gatewhite v Iberia Lineas Aereas de Espana SA: 1990

In a contract for the carriage of goods by air, the court considered whether the owner of goods who had not been named as the consignor or consignee on the air waybill was entitled to sue the carrier for damages to the goods while in transit.
Held: In the absence of express provision in the Convention excluding the owner’s right of action, the owner of goods damaged or lost by a carrier was entitled to sue in his own name in accordance with the lex fori and accordingly that the plaintiffs were entitled to damages to be assessed at common law.

Judges:

Gatehouse J

Citations:

[1990] 1 QB 326

Jurisdiction:

England and Wales

Cited by:

Cited – Sidhu and Others v British Airways Plc; Abnett (Known as Sykes) v Same HL 13-Dec-1996
The claimants had been air passengers who were unlawfully detained in Kuwait, when their plane was captured whilst on the ground on the invasion of Kuwait. They sought damages for that detention.
Held: There are no exceptions to the Warsaw . .
Distinguished – Abnett v British Airways Plc (Scotland) IHCS 28-Apr-1995
A passenger wrongfully detained in Kuwait, whilst travelling at the time when Iraq invaded Kuwait, only has right to claim damages under Warsaw Convention. . .
Lists of cited by and citing cases may be incomplete.

Damages, Contract

Updated: 01 December 2022; Ref: scu.237240

Commissioners of Inland Revenue v Marine Steam Turbine Co. Ltd: 1920

The respondent taxpayer company, had transferred to a third party its licence to exploit various patents for the manufacture of a marine steam turbine engine in return for the payment of a royalty on every engine sold by the third party and whose only business consisted of receiving the royalties, was not ‘carrying on a trade or business’ within the meaning of the Finance (No. 2) Act 1915.
Held: The word ‘business’ was used in the sense of ‘an active occupation or profession continuously carried on’.

Judges:

Rowlatt J

Citations:

[1920] 1 KB 193

Statutes:

Finance (No. 2) Act 1915

Jurisdiction:

England and Wales

Cited by:

Cited – GE Capital Bank Ltd v Rushton and Another CA 14-Dec-2005
The bank had entered into a master trading agreement with a trader under which the trader bought motor vehicles as agent for the bank for resale. The vehicles belonged to the bank. The defendant bought all the trader’s vehicles. The defendant now . .
Lists of cited by and citing cases may be incomplete.

Income Tax

Updated: 01 December 2022; Ref: scu.236666

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 imprisonment, and he was held to be entitled to recover: ‘The question in this case is, whether the defendant was justified in arresting the plaintiff under a warrant, describing him as John Hoye, his real name being Richard Hoye. On the part of the defendant it is contended that the justification was sufficient, inasmuch as an officer is protected, where the party arrested is the person really intended to be taken. Such a qualification is not allowed by law. In civil process you could not justify taking a person by the name mentioned in the warrant, his real name being different.’

Judges:

Tindal CJ

Citations:

(1840 ) 1 Man and G 775

Jurisdiction:

England and Wales

Citing:

Cited – Cole v Hindson 1795
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. . .
Cited – Shadgett v Clipson 1807
A sheriff’s officer could not justify an imprisonment of A. B. under a latitat against C. B. though it was averred that A. B. and C. B., are one and the same person, there being no averment that A. B. was known by the name of C. B. . .
Lists of cited by and citing cases may be incomplete.

Torts – Other

Updated: 01 December 2022; Ref: scu.229688

Wells v Williams: 1697

An alien enemy living in England by the King’s licence and under his protection could bring a court action.

Citations:

(1697) 1 Ld Raym 292

Jurisdiction:

England and Wales

Cited by:

Cited – Amin v Brown ChD 27-Jul-2005
The defendant raised as a preliminary point the question of whether the claimant, an Iraqi, was an enemy alien, and therefore debarred from bringing proceedings to recover.
Held: Under modern law it could not be a requirement that a state of . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 December 2022; Ref: scu.230000

Geraghty and Co v Awwad and Another: CA 25 Nov 1999

The court considered an assertion that a contract for fee sharing with a solicitors firm was unenforceable being in breach of the Solicitors Practice Rules.
Held: The court refused to follow Thai Trading. There should no longer be any common law developments in this field. Now that Parliament had modified the law which had prohibited all arrangements for receiving a contingency fee in relation to litigation services, there was no room for the court to go beyond that which Parliament had now permitted.

Judges:

Schiemann LJ, May LJ, LCJ

Citations:

[1999] EWCA Civ 3002, [1999] EWCA Civ 3036, [2001] QB 570, [2000] 3 WLR 1041, [2000] 1 All ER 608, [2000] 1 Costs LR 105

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Citing:

Not followed – Thai Trading (a Firm) v Taylor and Taylor (of Taylors Solicitors, Caversham) CA 27-Feb-1998
A solicitor had agreed with his wife to act for her in litigation on the understanding that he would only recover his profit costs if she succeeded.
Held: This agreement did not offend public policy. This type of agreement was distinguished . .
See Also – Awwad v Geraghty and Company CA 8-Sep-1997
The court considered an application for leave to appeal as to whether a litigation agreement was champertous and void. . .

Cited by:

Cited – Sibthorpe and Morris v London Borough of Southwark CA 25-Jan-2011
The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the . .
Cited – Kenneth L Kellar Carib West Limited v Stanley A Williams PC 24-Jun-2004
(Turks and Caicos Islands) The appellant had failed in his action but argued that he should not be called upon to pay the costs of the respondent because there had been an unlawful conditional fee agreement. The bill had referred to one factor as . .
Lists of cited by and citing cases may be incomplete.

Legal Professions, Costs

Updated: 01 December 2022; Ref: scu.235833

Govier v Hancock: 1796

A wife’s agency of necessity subsisted only if the wife was justified in living apart from her husband. She would lose it for ever if she was guilty of adultery, no matter how badly her husband had behaved.

Citations:

(1796) 6 Term Rep 603

Jurisdiction:

England and Wales

Cited by:

Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 01 December 2022; Ref: scu.228605

Cato v Thompson: 1882

The phrase ‘a good marketable title’ must mean ‘to the property contracted to be sold’. It can have no other meaning. Where the contract is an open contract which describes the property in general terms without mentioning whether it is freehold or leasehold and without stating that it is subject to incumbrances, it means ‘to the fee simple free from incumbrances.’

Citations:

(1882) 9 QBD 616

Jurisdiction:

England and Wales

Cited by:

Cited – Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co CA 21-May-1998
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 December 2022; Ref: scu.229221

Regina v Diani: 1999

(Gibraltar) The court in Gibralter had no power to award a successful defendant in criminal proceedings his costs.

Citations:

[1999-00] Gib LR 113

Jurisdiction:

England and Wales

Cited by:

Cited – Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor) PC 28-Jun-2005
(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution.
Held: Section 8 of the Constitution, like its analogue article 6 of the European . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Costs

Updated: 01 December 2022; Ref: scu.228423

Cryer v Scott Brothers Sunbury Ltd: 1986

A covenant had been taken on the sale of building land to require all building plans to be submitted to the transferors for their approval before building work was commenced.
Held: There was an implication that the transferors would not withhold approval unreasonably, in which context the members of the court referred to withholding approval arbitrarily or capriciously.

Judges:

Waite J

Citations:

(1986) P and CR 183

Jurisdiction:

England and Wales

Cited by:

Cited – Mahon and Another v Sims QBD 8-Jun-2005
A land transfer had contained a clause requiring a restrictive covenant agreeing not to erect any building without the approval by the neighbours of plans.
Held: The term ‘transferors’ was to be read to include the transferors’ successors in . .
Cited – Small v Oliver and Saunders (Developments) Ltd ChD 25-May-2006
The claimant said his property had the benefit of covenants in a building scheme so as to allow him to object to the building of an additional house on a neighbouring plot in breach of a covenant to build only one house on the plot. Most but not all . .
Lists of cited by and citing cases may be incomplete.

Land, Contract

Updated: 01 December 2022; Ref: scu.228507

Ha and Another v State of New South Wales and Others: 17 Feb 1997

(High Court of Australia) The court unanimously considered that ‘it would be a perversion of judicial power to maintain in force that which is acknowledged not to be the law’. This would especially be so where ‘non-compliance with a properly impugned statute exposes a person to criminal prosecution’. ‘This Court has no power to overrule cases prospectively. A hallmark of the judicial process has long been the making of binding decisions of rights and obligations arising from the operation of the law upon past events or conduct. The adjudication of existing rights and obligations as distinct from the creation of rights and obligations distinguishes the judicial power from non-judicial power. Prospective overruling is thus inconsistent with judicial power on the simple ground that the new regime that would be ushered in when the overruling took effect would alter existing rights and obligations. If an earlier case is erroneous and it is necessary to overrule it, it would be a perversion of judicial power to maintain in force that which is acknowledged not to be the law.’

Citations:

(1997) 189 CLR 465, [1997] HCATrans 82

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – National Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Constitutional

Updated: 01 December 2022; Ref: scu.228295

Jones v Newtown and Llanidloes Guardians: 1920

A wife’s agency of necessity of her husband is suspended whilst she is in desertion.

Citations:

[1920] 3 KB 381

Jurisdiction:

England and Wales

Cited by:

Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 01 December 2022; Ref: scu.228606

Ex parte Gordon: 1937

(South Africa) The applicant’s husband had been deported. The wife sought relief.
Held: The effect of the deportation was to extinguish the husband’s domicile, and the court no longer had jurisdiction.

Citations:

1937 WLD 35

Jurisdiction:

England and Wales

Citing:

Followed – Ex parte Donelly 1915
(South Africa) A husband had been convicted of drugs offences in South Africa and after serving a period of imprisonment was deported to the United States of America. The wife then applied in South Africa for leave to sue her husband for restitution . .

Cited by:

Cited – Mark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 01 December 2022; Ref: scu.228178

Harbour General Works Ltd v Environment Agency: 2000

Citations:

[2000] 1 Lloyd’s Rep 65

Jurisdiction:

England and Wales

Cited by:

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.

Arbitration

Updated: 01 December 2022; Ref: scu.226190

Hesketh v Gowing: 1804

Where a father placed his children in the care of a nurse or servant, he might have financial responsibility for necessaries bought for the child.

Citations:

(1804) 5 Esp 131

Jurisdiction:

England and Wales

Cited by:

Cited – Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions HL 14-Jul-2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children.
Held: The applicant had no substantive right to take part in the enforcement process in domestic law . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 01 December 2022; Ref: scu.228608

Director of Public Prosections v Kayaz: 1999

The onus was on the driver of a vehicle to prove that he had a valid driving licence and insurance.

Citations:

[1999] RTR 40

Jurisdiction:

England and Wales

Cited by:

Cited – Director of Public Prosecutions v Hay QBD 13-Jun-2005
The driver was unconscious following an accident. The police attended the accident. He was acquitted of later failing to report the accident to the police. The prosecutor appealed. The car had crashed as the police pursued it. No notice had been . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 01 December 2022; Ref: scu.228585

Re Jilla’s Application: 2000

Citations:

[2000] 2 EGLR 99

Jurisdiction:

England and Wales

Cited by:

Cited – Mahon and Another v Sims QBD 8-Jun-2005
A land transfer had contained a clause requiring a restrictive covenant agreeing not to erect any building without the approval by the neighbours of plans.
Held: The term ‘transferors’ was to be read to include the transferors’ successors in . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 01 December 2022; Ref: scu.228508

Linkletter v Walker: 1965

(US Supreme Court) In both criminal and civil cases ‘the accepted rule today is that in appropriate cases the Court may in the interests of justice make the rule prospective.’

Citations:

(1965) 381 US 618

Jurisdiction:

United States

Cited by:

Cited – National Westminster Bank plc v Spectrum Plus Limited and others HL 30-Jun-2005
Former HL decision in Siebe Gorman overruled
The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
Held: The . .
Lists of cited by and citing cases may be incomplete.

International, Constitutional

Updated: 01 December 2022; Ref: scu.228287