The directors of the Society had calculated the final bonuses to be allocated to policyholders in a manner which was found to be contrary to the terms of the policy. The language of the article conferring the power to declare such bonuses contained no relevant express restriction on the power to do so. The critical … Continue reading Equitable Life Assurance Society v Hyman: HL 20 Jul 2000
80% of the men who had been employed since 1 April 1997 had got protection under TUPE whereas only 66.66% of the women had. It was argued that this difference in percentages was sufficient to justify a claim of indirect discrimination. Held: There was no sex discrimination where there were genuine reasons for a pay … Continue reading Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998
The claimant had made more than one application for emergency housing. Held: ‘Clearly the mere assertion that an applicant’s claim ought to be considered cannot impose upon the local authority the onerous duty of making inquiries and considering the case afresh’ A fresh claim attracts all the substantive and procedural consequences of an initial claim … Continue reading Regina v Mayor and Burgesses of London Borough of Southwark ex parte Campisi: CA 9 Jul 1998
The claimants, a solicitor and his wife, sought damages in harassment and data protection, against a party to proceedings in which he was acting professionally, and against the investigative firm instructed by them. The defendants now requested the claims to be struck out. Held: The claim of harassment could not be struck out merely because … Continue reading Gerrard and Another v Eurasian Natural Resources Corporation Ltd and Another: QBD 27 Nov 2020
(United States Supreme Court) The claimant suffered damage to and become permanently deaf in one ear as a result of pressurisation changes while the aircraft descended to land. The pressure system had worked normally. The airline said that the normal operation of a normal pressurisation system could not qualify as an article 17 accident. Held: … Continue reading Air France v Saks: 1985
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 reasonable by-stander, properly informed of the facts, could not consider otherwise.’ The tribunal had properly considered all the evidence as to … Continue reading Holder v The Law Society: Admn 26 Jul 2005
FTTTx CUSTOMS DUTY – anti-dumping duty – import from Turkey of colour TVs of Korean origin – whether entry in the accounts precluded by Article 220(2)(b) of the Community Customs Code – whether failure to enter amount of duty legally due a result of an error by the customs authorities – whether error could not … Continue reading Beko Plc (Formerly Beko (UK) Ltd) v Revenue and Customs: FTTTx 10 Jan 2014
Application by person subject to civil proceeedings order for permission to bring claims for defamation and otherwise against the defendants. Held: Leave was refused. The claims in relation to the hard copy articles have no real prospect of success and/or were an abuse of the process of the court, and claim in relation to the … Continue reading E v News International Ltd and others: QBD 22 Jul 2008
The claimants operated the container terminal in Southampton. A crane was struck and damaged beyond repair by the defendants’ vessel. The crane was not replaced because before the casualty the claimants had ordered two new cranes. Loss of use of the damaged crane before the new cranes were delivered had caused some inconvenience, but no … Continue reading Southampton Container Terminals Ltd v Hansa Schiffahrts GmbH (The Maersk Colombo): CA 3 May 2001
The questions asked of a court when staying a criminal trial because of newspaper reporting, and when assessing a contempt of court, are different, and the stay of a trial need have no implication that a contempt has been committed. The strict liability rules did not help. Simon Brown LJ said: ‘It seems to me … Continue reading Attorney-General v Birmingham Post and Mail Ltd: QBD 31 Aug 1998
The defendant had been charged under s 8(1) and s 25(1) of the 1968 Act with robbery and going equipped for stealing. A robbery had been committed and the accused were later found in possession of articles fit for use in a robbery. Held: Browne J said: ‘In our view, to establish an offence under … Continue reading Regina v Ellames: CACD 1974
(Federal Court of Australia) A design which is dictated solely by function is not a ‘design’ within the meaning of section 4 of the Designs Act 1906. Lockhart J said that: ‘The essence of the registrability of a design is that it has an element of novelty having regard to the nature of the article … Continue reading Hosokawa Micron International Inc v Fortune: 1990
Sikh protesters set out to picket a theatre production which they considered to offend their religion. The respondent used a existing ASBO dispersal order which had been obtained for other purposes, to control the demonstration. Held: The appeal failed. A valid order could be used when necessary even if for purposes not foreseen when the … Continue reading Singh, Regina (on the Application of) v Chief Constable of West Midlands Police: CA 28 Jul 2006
There was an injury to the wife, from a hair wash purchased under a contract of sale with the husband. Held: The wife had a good cause of action. There was a duty in the vendor to use ordinary care in compounding the article sold, and that this extended to the person for whose use … Continue reading George v Skivington: 1869
References to damages awards in personal injury actions were legitimate in directing a defamation jury on quantum. Judges: Pearson, Willmer and Diplock LJJ Citations: [1965] 2 QB 86 Jurisdiction: England and Wales Citing: Applied – Rookes v Barnard (No 1) HL 21-Jan-1964 The court set down the conditions for the award of exemplary damages. There … Continue reading McCarey v Associated Newspapers Ltd (No 2): CA 1965
(United States – Supreme Court of Massachusetts) The court discussed the advantage nevertheless of having proceedings in public. Holmes J said: ‘The general advantage to the country in having these proceedings made public more than counterbalances the inconveniences to the private persons whose conduct may be the subject of such proceedings. . . The chief … Continue reading Cowley v Pulsifer: 1884
The bank had failed as the result of a fraud perpertrated by its directors. The liability of the members was unlimited. Lord President Inglis said: ‘Persons becoming partners of a joint stock company, such as the Western Bank, and being registered as such, cannot escape from the full liabilities of partners either in a question … Continue reading Muir v City of Glasgow Bank: HL 1878
EAT Equal Pay Act – Article 141 – A fixed bonus and attendance allowance payable for performance of a contractual duties during normal working hours are payable under a distinct part or term of a contract, together with the hourly rate, and not separate parts or terms. Correspondingly, for the purposes of an equal pay … Continue reading Redcar and Cleveland Borough Council Jarvis Plc v Degnan, Carter, Forster, Johnson: EAT 27 Jul 2004
The court considered the circumstances in which the court would apply the misconduct exceptions under the Convention: ‘The starting point when considering whether in any given circumstances the acts or omissions of a person entrusted with goods of another amounted to wilful misconduct is an enquiry about the conduct ordinarily to be expected in the … Continue reading Thomas Cook Group Ltd and Ors v Air Malta Ltd: ComC 6 May 1997
The test of whether an article is indecent is an objective one. Words such as ‘insulting’, ‘serious’ or ‘obscene’, involve value judgments of which jurors are the arbiters par excellence without expert evidence. Citations: [1972] 2 QB 391 Jurisdiction: England and Wales Cited by: Cited – Regina v Collier CACD 11-Jun-2004 The defendant appealed a … Continue reading Regina v Stamford: 1972
Executors of the deceased founder of the company had executed transfers of shares in favour of two of their number and a third party to qualify them as directors of the company under the articles, the trustees and executors wanting adequate representation on the board of directors. The certificates were endorsed to show that the … Continue reading Elliot v Mackie and Sons Ltd; Elliot v Whyte: 1935
The court asked at what point the European Directive imposed a duty to consult on an employer contemplating redundancies. Held: The words ‘is contemplating’ referred to a point before proposals were formulated. Obiter, Blackburne J said ‘the obligation to consult only arises when the employer’s contemplation of redundancies has reached the point where he is … Continue reading Griffin v South West Water Services Ltd: 1995
Rule 9(6) was ultra vires section 69 of RIPA as being incompatible with article 6 of the Convention but that ‘in all other respects the Rules are valid and binding on the Tribunal and are compatible with articles 6, 8 and 10 of the Convention’. Citations: IPT/01/77, IPT/01/62 Links: IPT Statutes: Investigatory Powers Tribunal Rules … Continue reading IN THE MATTER OF APPLICATIONS Nos. IPT/01/62 and IPT/01/77: IPT 23 Jan 2003
In a case where the national court which would deal with a matter was the court first seised of the matter, a stay could only be awarded where the proceedings until the proceedings were definitively pending in that court. Documents could be served by fax only if the party being served had explicitly consented to … Continue reading Molins Plc v G D Spa: CA 29 Mar 2000
Defamatory statements causing pecuniary loss may give rise to an action in tort only. The boundaries set by the tort of defamation are not to be side-stepped by allowing a claim in contract that would not succeed in defamation. A claimant cannot, by an action in conspiracy, recover damages for injury to reputation if the … Continue reading Lonrho Plc and Others v Fayed and Others (No 5): CA 27 Jul 1993
The defendant, after a car crash, joined in the police as third party defendants, saying that they had contributed to a car accident by failing to do anything about traffic lights which they knew were out of order. Held: The action against the police failed. Although the police had received information, they had not in … Continue reading Clough v Bussan: 1990
The plaintiff was chairman of a railway company. He claimed in defamation after the defendant said there was a rumour of his having failed, thus explaining the fall in the company’s share value. Held: It was no defence to say that it was true that there was a rumour. The existence of the rumour did … Continue reading Watkin v Hall: 1868
There had been an interim suspension by the Interim Orders Committee of the GMC. Counsel for the GMC conceded the application of Article 6. Held: Newman J: ‘For myself, I regard it as highly likely that the interim suspension hearings engage Article 6. I regard the fact that it has not been argued fully as … Continue reading Madan v General Medical Council: Admn 2001
‘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 manufacture, the right to prevent other … Continue reading Magnolia Metal Co v Tandem Smelting Syndicate Ltd: 1900
Cummins as consignor had contracted with Davis, another English company, for the carriage of engines from England to Amsterdam. Davis instructed Charterway to undertake the leg from Rotterdam to Amsterdam, and Charterway in turn asked Graaf, who asked Boers to do this. Charterway, Graaf and Boers were all Dutch firms and all successive carriers under … Continue reading Cummins Engine Co Ltd v Davis Freight Forwarding (Hull) Ltd: CA 1981
Female teachers carried out the work of principal teachers but had not been appointed to the promoted post and were paid less than they would have received had they been so appointed. They claimed equal pay with male comparators who were appointed principal teachers. Like work was established and it was agreed that disparity in … Continue reading Strathclyde Regional Council v Wallace: HL 1988
The claim required the filament of tungsten used in the lamp to be ‘of large diameter’. The Court of Appeal had accepted that the word ‘large’ was ambiguous in that it did not enable the skilled person to decide when the claim was infringed. Held: The view of the Court of Appeal was rejected. If … Continue reading British Thomson-Houston Company Ltd v Corona Lamp Works Ltd: HL 1922
The Attorney General appealed against a sentence of twelve months imprisonment suspended for two years with two years supervision imposed on a woman aged 39 having had sex with a 14 year old boy. Held: The court had wrongly taken account of the sex of the victim and reduced the sentence accordingly. The Act made … Continue reading Regina v Edwards (Sharon) (Attorney General’s Reference No 67 of 2008): CACD 20 Jan 2009
A and B and the son of B entered into partnership as solicitors, and by articles agreed that the partners were diligently and faithfully to employ themselves in carrying on and managing all the professional business in which they or either of them might be employed or concerned; that B should use his best endeavours … Continue reading Smith v Mules: 17 Feb 1852
This was an appeal from a decision of Vice-Chancellor Wood refusing leave to serve the sole Defendant, who was described in the bill as resident at Dublin, out of the jurisdiction, with a copy of the bill and interrogatories, and notice of motion for an injunction ‘at Dublin or elsewhere in Ireland.’The bill sought an … Continue reading Samuel v Rogers: 17 Feb 1864
The claimant sought an injunction against the respondent international union of trades unions to restrain industrial action intended to prevent its transfer of registration of a ferry plying between Finland and Estonia to Estonia. It sought also a declaration that such action would be contrary to the free movement requirements of the EU Treaty. Held: … Continue reading Viking Line Abp v International Transport Workers’ Federation and Another: ComC 16 Jun 2005
Preserving findings of fact (1) Whether and, if so, when the Upper Tribunal should preserve findings of fact in a decision of the First-tier Tribunal that has been set aside has been considered by the Higher Courts in Sarkar v Secretary of State for the Home Department [2014] EWCA Civ 195, TA (Sri Lanka) v … Continue reading AB (Preserved FTT Findings; Wisniewski Principles) Iraq: UTIAC 11 Aug 2020
Supreme Court of Canada The References in question were prompted by the opposition of eight provinces to a proposed Resolution, published on October 2, 1980. The proposed Resolution contained an address to be presented to Her Majesty The Queen in right of the United Kingdom and a statute, to which was appended another statute providing … Continue reading Resolution to amend the Constitution: 28 Sep 1981
The Court gave guidance setting out recommended practice regarding any application for interim injunctive relief in civil proceedings to restrain the publication of information (referred to as an interim non-disclosure order). In particular guidance was provided as to ‘the proper approach to the general principle of open justice in respect of such applications’. Applications which … Continue reading Practice Guidance (Interim Non-disclosure Orders): 1 Jul 2011
A defendant had been accused of using stolen human body parts in art exhibits. The Observer newspaper published an article said to have been in contempt of court, prejudicing the trial. Held: Sedley LJ discussed the possibility of a retrial in the context of an accusation of contempt of court by the media: ‘an appeal … Continue reading Her Majesty’s Attorney-General v Guardian Newspapers Ltd: Admn 23 Jul 1999
(Commission) The applicant, Tuomo Kottinnen worked on the Finnish Railways. After five years he became a Seventh Day Adventist and declared that he could not work after sunset on Fridays. After several incidents when he left with the early setting of the Finnish winter sun, his employers dismissed him. Held: There had been no infringement … Continue reading Kontinnen v Finland: 1996
The court was asked to look at the sharing of an income stream where a testator intended to benefit a number of voluntary churches. Held: The court gave useful guidance as to options available when competing bodies were deemed still to be under the umbrella of the intention of the trust. Lord President Inglis said: … Continue reading The Ferguson Bequest Fund Case: 1879
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014
For the purpose of section 170(2) of the 1979 Act a defendant must be judged on the facts as he believed them to be, such matter being an integral part of the inquiry as to whether he was knowingly concerned in a fraudulent evasion of a prohibition on importation. The principle that a man must … Continue reading Regina v Taaffe: HL 1984
The claimant had been severely injured in an attack by a group of young men. He said that the defendant had failed in its duty to protect him and his family. He now appealed against the action being struck out. Held: the judge’s interpretation of the Article 2 duty falling in the police was too … Continue reading Sarjantson v Humberside Police: CA 18 Oct 2013
‘ two important issues in relation to the law of carriage of goods by sea. i) The first is whether the time bar created by Article III Rule 6 of the Hague Rules applies to claims for wrongful misdelivery, where the shipowner has delivered the cargo to a third party without production of the bill … Continue reading Deep Sea Maritime Ltd v Monjasa A/S: ComC 15 Jun 2018
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and should have removed the neighbour, or warned them when their attempts to remove … Continue reading Mitchell and Another v Glasgow City Council: HL 18 Feb 2009
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007
(i) A human rights appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002 (‘NIAA 2002’) can be determined only through the provisions of the ECHR; usually Article 8. (ii) A person whose human rights claim turns on Article 8 will not be able to advance any criticism of the Secretary of State’s … Continue reading Charles (Human Rights Appeal: Scope) Grenada: UTIAC 1 Feb 2018
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, and whether his parents could give consent for it. Held: (LL Carnwath and Lloyd-Jones … Continue reading In re D (A Child): SC 26 Sep 2019
The first claimant was an English company all of whose shares were owned by a Turkish company. The second claimant as director caused changes to the company’s constitution and share structure. The parties disputed the jurisdiction of the UK Courts to hear the claim. Held: Lord Sales said: ‘I would allow the appeals by Koza … Continue reading Akcil and Others v Koza Ltd and Another: SC 29 Jul 2019
The question was whether a taxpayer can deduct as input tax the VAT which it has incurred in purchasing entitlements to an EU farm subsidy, the Single Farm Payment. The taxpayer had used those entitlements to annual subsidies over several years and intended to use money resulting from the receipt of those subsidies to fund … Continue reading Revenue and Customs v Frank A Smart and Son Ltd: SC 29 Jul 2019
Claim, after arrest and release, for damages for wrongful arrest and false imprisonment, and also for a declaration that his rights under Articles 5 and 8 of the European Convention on Human Rights have been infringed and consideration of whether damages amount to just satisfaction. Judges: Philip Mott QC Sitting as a Deputy High Court … Continue reading Fittschen v Chief Constable of Dorset Police: QBD 25 Feb 2022
Challenge to company administrators’ fees. Judges: David Cooke HHJ Citations: [2015] EWHC 517 (Ch) Links: Bailii Statutes: Insolvency Act 1986 Jurisdiction: England and Wales Cited by: See Also – Randhawa and Others v Turpin and Another ChD 22-Jul-2016 . .See Also – Randhawa and Another v Turpin and Another CA 1-Aug-2017 The Court was asked … Continue reading Randhawa and Another v Turpin and Another: ChD 2 Mar 2015
The claimant was a litigant in person who said that he had misunderstood the relevant provision of the CPR. Maurice Kay LJ said: ‘I accept that there may be facts and circumstances in relation to a litigant in person which may go to an assessment of promptness but, in my judgment they will only operate … Continue reading Tinkler and Another v Elliott: CA 10 Oct 2012
N appealed against his conviction for false imprisonment. He had been convicted of aiding an abetting the rape of a young girl by his co-defendants. Held: The allegation of false imprisonment appeared to have been added against the defendant only as a makeweight. The alleged acts of false imprisonment were also those which amounted to … Continue reading Regina v N; Regina v D; Regina v L: CACD 22 Apr 2010
A court has an inherent power to injunct a party not to institute or continue proceedings abroad, where they appear intended purely to harass another party in proceedings here. The two actions here were based upon the ‘same contractual relationship’ and concerned the ‘same subject matter’. This is not limited to cases of exclusive jurisdiction … Continue reading Turner v Grovit and others: CA 28 May 1999
The taxpayer sold double glazing, supported by an insured guarantee, for which a charge was made. The additional charge was exempt, but it was contended that the contract should have stated the amount pursuant to Note 5. Held: The contract gave the rate of charge at 10 per cent. The Act allowed the commisioners to … Continue reading C R Smith Glaziers (Dunfermline) Limited v Commissioners of Customs and Excise: HL 20 Feb 2003
Judicial review – decision that post in DPP was a public service post – whether decision unlawful – characteristics of public service employment – whether decision maker had discretion to open post to Irish national – Article 39(4) of EU Treaty Judges: Girvan J Citations: [2005] NIQB 11 Links: Bailii Jurisdiction: Northern Ireland Employment Updated: … Continue reading O’Conor, Re an Application for Judicial Review: QBNI 23 Feb 2005
The defendant companies provided media monitoring services, automatically searching web-sites for terms of interest. The claimant newspapers operated a licensing system through the first claimant permitting the re-use of the content on its members web-sites. The defendant denied that it required such a licence, saying that the arrangement required, in effect, double licensing. Judges: Sir … Continue reading The Newspaper Licensing Agency Ltd and Others v Meltwater Holding Bv and Others: CA 27 Jul 2011
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015
PRACTICE AND PROCEDURE – Case management PRACTICE AND PROCEDURE – Appellate jurisdiction/reasons/Burns-Barke The argument that in cases involving a disabled person where an ET had failed to make a reasonable adjustment by extending the time for complying with a procedural (case management) Order or postponing or adjourning a hearing fell to be considered by the … Continue reading Leeks v Norfolk and Norwich University Hospital NHS Foundation Trust: EAT 27 Feb 2018
‘This claim arises out of a fatal helicopter accident in Greece. The Claimants contend that this Court has jurisdiction by virtue of Article 33 of the Montreal Convention 1999. The Defendant has challenged the assertion of that jurisdiction.’ Judges: Mr Simon Birt QC (Sitting as a Deputy Judge of the High Court) Citations: [2022] EWHC … Continue reading Akulinina and Another v Ifly Sa: QBD 28 Jan 2022
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
Each applicant had been accepted as homeless by the respondent, but was then offered alternative accomodation under terms which they found unacceptable. They argued that the Regulations applied. The council had disapplied one statutory guidance in order to meet another administrative target. Held: ‘to depart from national guidance given under statute in order to achieve … Continue reading Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003
UTTC VAT – zero-rating – evidence of export of goods – whether First-tier Tribunal erred in law in finding that the conditions for zero-rating were met in respect of certain invoices – Principal VAT Directive, articles 131 and 146 – VATA 1994, s 30 – VAT Regulations 1995, reg 129 – VAT Notice 703 – … Continue reading HM Revenue and Customs v Arkeley Limited (In Liquidation): UTTC 22 Aug 2013
The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link. Held: The purpose of the section was to improve the quality of the evidence presented to a court. There was no absolute right for a defendant to be … Continue reading D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005
Distinctive Character through Use not established Nestle had sought to register as a trade mark, a three dimensional representation of their four fingered Kit Kat chocolate biscuit. Cadbury objected, and the hearing officer rejected the claim saying that the mark had not acquired a distinctive character within the Directive. The question of what was required … Continue reading Societe Des Produits Nestle Sa v Cadbury Uk Ltd: CA 17 May 2017
The plaintiff had suffered damage when given negligent advice. It obtained a judgment but the company became insolvent, and it now sought to sue the US parent company in conspiracy. The defendant said that to establish conspiracy it was necessary that the dominant aim had been to cause injury or loss to the plaintiff. Held: … Continue reading Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc and another: QBD 29 Mar 1988
The prisoner complained that his protected correspondence had been wrongfully opened by prison staff. Despite a finding in his favour by the Prisons Ombudsman, the service had repeatedly failed either to change its behaviour or to apologise. Held: The complaint was established: ‘The repetitive nature of the alleged breaches suggests serious shortcomings in the mail … Continue reading Bruton v The Governor of HMP Swaleside and Another: Admn 19 Apr 2017
The claimant challenged being recalled to prison from licence after being found in an area from which he was excluded as a condition of his parole. Judges: Turner J Citations: [2017] EWHC 729 (Admin) Links: Bailii Statutes: European Convention on Human Rights 5, Criminal Justice Act 2003 244 254 Jurisdiction: England and Wales Citing: Cited … Continue reading Youngsam, Regina (on The Application of) v The Parole Board: Admn 7 Apr 2017
The prosecutor appealed against a stay of the prosecution as an abuse of process. It was alleged that the defendant solicitor had permitted a relation of his partner to launder the proceeds of a tax fraud. The principal defendant had been substantially acquitted of the offences alleged to be a fraud. The defendant had been … Continue reading RCPO v C: CACD 5 Feb 2010
Claims for freight charges are an exception to the general rule that all claims between parties must be resolved in one action. A claim for freight cannot be a claim ‘on the same grounds’ as a counter-claim for loss or damage arising out of the carriage, for there is no set off against freight. The … Continue reading Aries Tanker Corp v Total Transport Ltd; The Aries: HL 1977
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of law which it raises is whether a local authority or its employees may … Continue reading Poole Borough Council v GN and Another: SC 6 Jun 2019
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful. Held: The decision in Clarke was a difficult limitation on the court’s discretion: ‘there are cases in which the combination of an order for discharge with a confiscation order represents … Continue reading Regina v Magro: CACD 8 Jul 2010
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
Where a ship is chartered to bring home a cargo of enumerated articles at rates of freight specified for each, which articles are not provided by the charterer, the freight must be paid upon average quantities of all the articles, whether the ship return empty or laden with a cargo of articles different from those … Continue reading Capper And Others v Forster: 12 Jun 1837
AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017
CUSTOMS DUTY – relief for military end use – council regulation 150/2003 – whether certificate of MoD pursuant to that regulation is conclusive as to the availability of relief – classification of goods imported for military end use – Combined Nomenclature – objective characteristics of clothing with infra red reflectance properties – entitlement to repayment … Continue reading Cooneen Watts and Stone Ltd v Revenue and Customs: FTTTx 3 Oct 2012
(1) In Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345, the Court of Appeal has authoritatively decided that refugee status can be revoked on the basis that the refugee now has the ability to relocate internally within the country of their nationality or former habitual residence. The authoritative status … Continue reading SB (Refugee Revocation; IDP Camps) Somalia: UTIAC 14 Oct 2019
i) A decision on an application under rule 134 of the Immigration Rules for indefinite leave to remain is a not a points-based decision to which s.85A of the Nationality, Immigration and Asylum Act 2002 as amended by s.19 of the UK Borders Act 2007 applies. ii) Post decision evidence of a back-dated wage increase … Continue reading Philipson (ILR – Not PBS: Evidence) India: UTIAC 6 Jan 2012
(i) The decision of the Upper Tribunal in BAH (EO – Turkey – Liability to Deport) [2012] UKUT 00196 (IAC) belongs to the legal framework prevailing at the time when it was made: it has long been overtaken by the significant statutory and policy developments and reforms effected by the Immigration Act 2014 and the … Continue reading RLP (BAH Revisited – Expeditious Justice) Jamaica: UTIAC 11 Apr 2017
1. The correct approach to cessation in Article 1(C) of the Refugee Convent ion, Article 11 of the Qualification Directive 2004/83 and paragraph 339A of the Immigration Rules can be summarised as follows: (i) There is a requirement of symmetry between the grant and cessation of refugee status because the cessation decision is the mirror … Continue reading PS (Cessation Principles) Zimbabwe: UTIAC 21 Sep 2021
The court considered where the trial of the action should take place. Held: The defendant’s appeal failed. Even though the rights sought to be protected were of a proprietary nature, where the rights could properly be said to have arisen under an English contract, the English court could use its discretion to assert jurisdiction. Though … Continue reading Deripaska v Cherney: CA 31 Jul 2009
The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019
Income tax – unauthorised payments charge, unauthorised payments surcharge and scheme sanction charge under ss 174A, 208, 209 and 239 FA04 – investment-regulated pension schemes buying large printing presses and plant and machinery from sponsoring employers and leasing them back – whether the printing presses were ‘tangible moveable property’ – whether charges infringed rights under … Continue reading Morgan Lloyd Trustees Ltd and Ray Hallam v Revenue and Customs (Income Tax/Corporation Tax : Pension Scheme): FTTTx 1 Feb 2017
PROCEDURE – personal liability notice – FA 2007, Sch 24, para 19 – application of Article 6 of the European Convention on Human Rights – appellant’s application for a stay – whether HMRC’s decision to proceed by way of civil penalty an abuse of process – inability to obtain a representation order – whether standard … Continue reading Hackett v Revenue and Customs: FTTTx 23 Nov 2016
IMPORT DUTY- two post-clearance demands in the sums of pounds 149,994.58 and pounds 199,701.49 respectively- GPS certificates of origins form As and Bangladeshi certificates of origin forgeries – no – Singapore bills of lading not substantiated documentation for purposes of the direct transport rule – no – appeal allowed apart from three invoices -observations on … Continue reading Marco Trading Ltd v Revenue and Customs: FTTTx 5 Oct 2011
A trial judge had refused an order that steps should not be taken so as to allow S to be identified in reporting the trial of his mother for the alleged murder of his brother by salt poisoning. Held: The court dismissed the application for an injunction restraining the publication by newspapers of the identity … Continue reading Re S (A Child) (Identification: Restrictions on Publication): FD 19 Feb 2003
i) Educational advantages and economic betterment, which might be enjoyed by a child, if admitted to the United Kingdom, are not compelling considerations to make that child’s exclusion undesirable, where the biological mother has cared for the child, and will continue to do so, in the country of origin. ii) There is a legitimate aim … Continue reading SG (Child of Polygamous Marriage) Nepal: UTIAC 9 Jul 2012
FTTTx Customs Duty : Remission – EXCISE DUTY, CUSTOMS DUTY, IMPORT VAT – appellant allowing goods to leave ullage cage – whether there can be a customs debt under both Article 202 and Article 203 of the Customs Code – yes – whether there was a liability to excise duty – no – whether Article … Continue reading Dnata Ltd v Revenue and Customs: FTTTx 14 Oct 2016
Renewed application for leave to serve proceedings out of jurisdiction. The court considered a submission that a fair trial would not be possible in Russia: ‘An English court will approach with considerable circumspection any contention that a potential claimant cannot obtain justice or a fair hearing in a foreign court and will require ‘positive and … Continue reading Cherney v Deripaska: ComC 3 Jul 2008
EAT Practice and Procedure: Review – Human Rights – In the B and M appeal (UKEAT/0139/16/RN) the Employment Judge was entitled to dismiss a reconsideration application by the Claimant on the basis (a) that, as a matter of fact, the Claimant’s representative was aware of the reconsideration (telephone) hearing but failed to take part and … Continue reading Warner v B and M Europe Ltd: EAT 13 Jul 2016
Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005
Claim for damages for repudiatory breach of agency agreement,and for damages for termination of sales agency agreement. The defendant argued that the 1993 Regulations did not apply since the supply of computer software under the contract was not a supply of goods as required by the Regulations.As to whether the software was goods: ‘The Product … Continue reading The Software Incubator Ltd v Computer Associates UK Ltd: QBD 1 Jul 2016
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of imprisonment which were at first condition, but were now to be served. The appellants contende dthat the European … Continue reading Goluchowski and SAS v District Court and Circuit Court In Poland: SC 29 Jun 2016