The applicant, aged 17, was convicted of armed robbery and sentenced to life imprisonment in the interests of public safety, being considered by the trial judge on appeal to be dangerous. Held: ‘The court agrees with the Commission and the applicant that the clearly stated purpose for which [the] sentence was imposed, taken together with … Continue reading Weeks v The United Kingdom: ECHR 2 Mar 1987
The defendant insurance company was found liable to contribute under insurance it had written, 22% of the compensation it had paid out in a mesothelioma claim brought in Guernsey by a Mr le Carre. The company was successor to a company which had employed Mr le Carre for many years, exposing him to asbestos. Other … Continue reading International Energy Group Ltd v Zurich Insurance Plc UK: ComC 24 Jan 2012
The court was asked to interpret the 1976 Act to see whether its protection extended to cohabitees as well as to wives. In doing so it had to look at practice in the Court of Appeal in having to follow precedent. Held: The operation of the doctrine of precedent in the Court of Appeal so … Continue reading Davis v Johnson: HL 2 Jan 1978
Europa Article 1(1) of Council Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses is to be interpreted as meaning that the expression ‘legal transfer’ covers a situation in which a public authority … Continue reading Redmond Stichting v Bartol and others (Judgment): ECJ 19 May 1992
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
Although a claim for breach of fiduciary duty, as a claim in equity, was not subject to the same limitation periods imposed by the Act as claims in tort or contract, a court exercising an equitable jurisdiction should apply similar periods under the equitable principle of acquiescence. A six year limitation period should be applied … Continue reading Companhia De Seguros Imperio v Heath (REBX) Ltd and Others: CA 20 Jul 2000
It was appropriate for courts in all cases to give juries both general guidance on awarding damages and guidance as to the range of awards available in the circumstances. The court aslo set out the proper approach to the award of aggravated damages and exemplary damages against police. The figures the court set out were … Continue reading Clark v Chief Constable of Cleveland Police: CA 7 May 1999
The court was asked whether a clause in a share sale agreement setting out the payment obligation worked to preclude the purchaser from exercising a right of set-off when the time comes to pay a later instalment of the price. Held: The appeal was dismissed. The right of set-off had effectively been excluded. ‘The meaning … Continue reading BOC Group Plc v Centeon Llc and Centeon Bio-Services Inc: CA 29 Apr 1999
Lord Justice Diplock: ‘. . the ordinary rule which the courts apply is that contracts should be enforced, pacta sunt servanda, unless they can be brought within that limited category of cases in which, for reasons of public policy, the court refuses to give effect to the agreement of the parties. . One limited and … Continue reading Philip Bernstein (Successors) Ltd v Lydiate Textiles Ltd; orse Sterling Industrial Facilities v Lydiate Textiles Ltd: CA 26 Jun 1962
The company sought damages to its business on a motorway service station when works closed an access road. Held: The Secretary of State’s appeal succeeded. A claim for compensation under section 10 had not been established, at least in respect of the permanent stopping-up orders. Judges: Lord Justice Carnwath Citations: [2007] EWCA Civ 764, [2007] … Continue reading Moto Hospitality Ltd v Secretary of State for Transport: CA 26 Jul 2007
The defendant was to sell a Maori carving which had been unlawfully exported from New Zealand. The Attorney General sought its recovery and an injunction to prevent its sale, relying on the Historical Articles Act 1962. The judge had ordered its return. Held: The appeal succeeded. The section could only take effect once forfeiture had … Continue reading Attorney-General of New Zealand v Ortiz: CA 2 Jan 1982
The plaintiff had been exposed to asbestos when working for the defendant. X-rays revealed development of pleural plaques, but these would remain asymptomatic. Held: Material damage sufficient to set time running was the same as damage necessary to complete a claimant’s cause of action in negligence. The court rejected arguments that this was yet insufficient … Continue reading Patterson v Ministry of Defence: QBD 29 Jul 1986
The defendant was charged with offences for having been in possession of a document or record containing information of a kind ‘likely to be useful to a person committing or preparing an act of terrorism’. It was thought he was associated with a terrorist plan to attack the government of Libya. The defendant argued that … Continue reading Regina v F: CACD 16 Feb 2007
ECJ Social policy – Men and women – Equal pay – Membership of an occupational pension scheme – Part-time workers – Exclusion – National procedural rules – Principle of effectiveness – Principle of equivalence. Citations: [2001] 2 AC 415, C-78/98, [2000] IRLR 06, [2000] EUECJ C-78/98 Links: Bailii Jurisdiction: European Citing: Reference From – Preston … Continue reading Preston and Others v Wolverhampton Healthcare NHS Trust and Others; Fletcher and Others v Midland Bank plc: ECJ 16 May 2000
The claimant was exposed to asbestos whilst working for the defendant in the naval dockyard at Portsmouth, and sought damages having developed pleural plaques, but no further damage was expected, save ‘a slightly increased risk of developing a lung cancer and a definite increased risk of developing mesothelioma’. The plaintiff also sought damages for his … Continue reading Sykes v Ministry of Defence: QBD 19 Mar 1984
There is no presumption in favour of a clean break provision in an ancillary relief claim. A nominal award of maintenance was appropriate where the wife’s long dependency and continued responsibility for children made future earning capacity problematic. A dismissal of a claim for maintenance where the wife was relatively mature should not be expected. … Continue reading SRJ v DWJ (Financial Provision): CA 20 Oct 1999
Pension benefits were held to be the fruits through insurance of moneys set aside in the past in respect of past work and could not be appropriated by a tortfeasor so as to reduce its liability to compensate the victim. Citations: [1991] 2 AC 502 Jurisdiction: England and Wales Cited by: Cited – Longden v … Continue reading Smoker v London Fire and Civil Defence Authority: HL 1991
‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998
When a commercial agency was terminated in circumstances which under community law would entitle the agent to compensation, that compensation was payable even though the contract expressed itself to be governed by the law of California, and the principal was resident in California. The regime was a mandatory one for the protection of such agents, … Continue reading Ingmar Gb Ltd v Eaton Leonard Technologies Inc: ECJ 16 Nov 2000
(New Zealand) The holder of a second debenture appointed receivers to the assets. The first debenture holder then also appointed receivers not to obtain repayment of its debt, but to disrupt the work of the first appointed receivers and in order to reinstate the managing director who had been removed by the second debenture holders’ … Continue reading Downsview Nominees Ltd and Another v First City Corporation Ltd and Another: PC 19 Nov 1992
The claimant, a manufacturer of filter tubes, employed the defendant as a director. He gave notice to leave, but during his notice period, he was contacted by a customer who informed him of a meeting between that customer and the company at which the company had informed them of an impending price increase and that … Continue reading Balston Ltd v Headline Filters Ltd and Another: ChD 1990
(National Industrial Relations Court) In a claim for compensation for unfair dismissal, the employee should be treated as having suffered a loss in so far as he received less than he would have received in accordance with good industrial practice. However, the court applied the principle as it had been applied in earlier cases to … Continue reading Vaughan v Weighpack Ltd: NIRC 1974
If the evidence showed an egregious and deliberate abuse of power by a public officer the Strasbourg court may award compensation for non-pecuniary loss even though its practice is not to award exemplary damages. Citations: (2004) 39 EHRR 635 Jurisdiction: Human Rights Cited by: Cited – Watkins v Home Office and others HL 29-Mar-2006 The … Continue reading BB v United Kingdom: ECHR 2004
Issues arose as to a new planning permission for two existing hangars. Held: The appeal succeeded. The question of the validity of conditions attached to planning permissions will sometimes be a difficult one. To be valid, a condition must be imposed for a planning purpose and not for an ulterior one; it must fairly and … Continue reading Newbury District Council v Secretary of State for the Environment: HL 1980
The parties disputed the validity of a clause in a car hire contract relating to the consequences of a breach. Held: (Majority) The agreement had been terminated by breach rather than by the exercise of an option, so that the stipulated payment could be, and in fact was, a penalty. Lord Morton said that had … Continue reading Campbell Discount Company Ltd v Bridge: HL 1962
Lord Denning considered the strict interpretation rule: ‘We do not sit here to pull the language of Parliament to pieces and make nonsense of it. We sit here to find out the intention of Parliament and carry it out and we do this better by filling in the gaps and making sense of the enactment … Continue reading Magor and St Mellons Rural District Council v Newport Corporaion: CA 1950
‘The word ‘occupy’ is a word of uncertain meaning. Sometimes it denotes legal possession in the technical sense, . . At other times ‘occupation’ denotes nothing more than physical presence in a place for a substantial period of time, . . Its precise meaning in any particular statute . . must depend on the purpose … Continue reading Madrassa Anjuman Islamia of Kholwad v Municipal Council of Johan-Nesburg: PC 1922
Friends Provident had participated in a development project on terms which required it to pay its share of the development costs as it proceeded. It employed Hillier Parker, a firm of surveyors, to check demands made from time to time for payment of its share of development costs. Friends Provident paid the developer its share … Continue reading Friends’ Provident Life Office v Hillier, Parker May and Rowden: CA 1997
The claimant suffered injury at a competitive fun day organised by his employers, the RAF at a facility of the respondents. He struck his head diving into a very shallow inflatable pool. He appealed against dismissal of his claim. Held: The judge had failed properly to explain why he had preferred the evidence of the … Continue reading Uren v Corporate Leisure (UK) Ltd: CA 2 Feb 2011
The claim was for interference with the plaintiff’s right to light. Held: There is a need to approach infringements of easements of light with flexibility. The plaintiff’s subjective views as to the loss of light were not to the point. When deciding upon an appropriate award in relation to the notional ‘reasonable sum’ or ‘fair … Continue reading Carr-Saunders v Dick McNeill Associates: 1986
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The claimant sought damages saying that the defendant solicitors had failed to secure the incremental award of compensation under the vibration white finger scheme. The central issue was whether evidence which only became available later, but which would have undermined the claim for the incremental award should be allowed for. Held: It could not be. … Continue reading Edwards v Hugh James Ford Simey Solicitors: SC 20 Nov 2019
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq war broke out, under which the charterer could have terminated the charter as of right. The defendant … Continue reading Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’): HL 28 Mar 2007
The defendant, intending to enter into a partnership with the plaintiffs, negotiated for the grant by a landlord of a lease to the partnership. The landlord paid the defendant andpound;12,000 for persuading the partnership to accept the lease. Held: The defendant was accountable to the new partnership for the money. It would otherwise have been … Continue reading Fawcett v Whitehouse: 21 Dec 1829
The plaintiff sought damages after being injured when a co-worker fired a shot. The employee however had himself coupled the detonator to the cable rather than leaving it to the shotfirer, and had his cimmitted a criminal offence. He had been found a quarter responsible, and the NCB sought to rely on the doctrine of … Continue reading National Coal Board v England: HL 1954
Viscount Haldane LC said: ‘the construction of the Act ought to be more liberal as regards the claims of the workman than would be the case if the Act were construed with the closeness which distinguishes the construction of words in a contract such as that of insurance.’ Judges: Earl Loreburn, Viscount Haldane L-C Citations: … Continue reading Trim Joint District School Board of Management v Kelly: HL 1914
A defamation of the claimant had been published and then repeated by others. Held: The court discussed the logical impossibility of apportioning damage between different tortfeasors: ‘Where injury has been done to the plaintiff and the injury is indivisible, any tortfeasor whose act has been a proximate cause of the injury must compensate for the … Continue reading Dingle v Associated Newspapers: CA 1961
The claimant had on dismissal gone into business on his own account and earned some andpound;10,000 more than he would have done had he remained employed. The employer appealed the award of damages. Held: The tribunal had erred in awarding compensation for the 23 weeks’ unexpired period of the year’s fixed term contract. It would … Continue reading Isleworth Studios v Rickard: EAT 1988
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015
The respondents took valued insurance, including war risks, on a cargo which was later destroyed by the Confederate cruiser Alabama. The underwriters paid to the respondents as on an actual total loss the valued amounts, which were less than the real value. Under a subsequent Act of Congress which created a compensation fund, the US … Continue reading Burnand v Rodocanachi: HL 1882
The loss of a right to an extended period of notice is a proper head of damages in an employment loss case: ‘It is a claim for compensation for the loss of an intangible benefit, namely that of being entitled in the course of one’s employment, to a longer notice than might otherwise be the … Continue reading Daley v AW Dorsett (Almar Dolls Ltd): EAT 1981
The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we should depart from previous decisions of the House of Lords.’ Held: The correct date as at … Continue reading Knauer v Ministry of Justice: SC 24 Feb 2016
The Law Society claimed in negligence against the defendant firm of accountants who had wrongly certified the accounts of a firm of solicitors. The Society sought to recover the payments it had made from its compensation fund. The defendant pleaded limitation. Held: The court ruled against the Society holding that the cause of action had … Continue reading The Law Society v Sephton and Co and others: ChD 2004
The employee was unfairly dismissed for redundancy. He was given 5 weeks pay in lieu, a statutory redundancy payment and a severance payment under the employers’ own scheme. He did not obtain another job until well after his period of notice had expired. The tribunal assessed compensation on the basis that the factory was to … Continue reading Babcock FATA Ltd v Addison: CA 1987
The employee, an airline pilot, was entitled to three months contractual notice. The Tribunal had awarded compensation for the full three months even although he had earned a salary from other employment during part of that period. Bristow J said: ‘Now the reason that the Industrial Tribunal awarded the equivalent of the wages that Mr … Continue reading Tradewinds Airways v Fletcher: EAT 1981
Sir John Brightman referred to Norton Tool, Stepek and Hilti and then said: ‘The principle behind these three cases is clear. If an employee is unfairly dismissed without due notice and without pay in lieu of notice, he is prima facie entitled to compensation equal to his net pay for the proper period of notice. … Continue reading Everwear Candlewick Ltd v Isaac: EAT 2 Jan 1974
The employee had been unfairly dismissed with 12 weeks pay in lieu of notice. Held: The court re-affirmed the narrow principle of Norton Tool v Tewson. Browne Wilkinson J P said: ‘It seems to us that the decision in the Tradewinds [1981] IRLR 272 case is quite inconsistent with the earlier cases. We have to … Continue reading TBA Industrial Products Ltd v Locke: EAT 1984
A hire purchase agreement provided that if the hirer should go into liquidation, and the owner should retake possession, the hirer would pay a sum by way of compensation for depreciation. Held: The provision for the payment of compensation was not a fraud on the bankruptcy laws as giving the owner company an undue advantage … Continue reading In re Apex Supply Co Ltd: 1942
The plaintiff owned property by the sea. It was swamped by the tide because the corporation, who had been granted land by the Crown subject to a condition that it maintain the sea-defences of the cob, had ‘wrongfully and unjustly intending to injure, prejudice, and aggrieve the plaintiff’ permitted these defences to become ‘ruinous, prostrate, … Continue reading Henly v Lyme Corporation: 1828
The court considered the extent of the duty to compensate for disturbance of a business when land was compulsorily purchased. Lord Selborne LC said: ‘The obstruction by the execution of the work, of a man’s direct access to his house or land, whether such access be by a public road or by private way, is … Continue reading Caledonian Railway Co v Walker’s Trustees: 1882
Employees were made redundant. The tribunal held the dismissals to be unfair because that there had been no consultation worthy of the name with any of the employees and because it was impossible to decide whether the selection criteria had been fairly applied in the absence of evidence from those who had made the relevant … Continue reading King v Eaton Ltd (No 2): IHCS 1998
The respondent had been dismissed for misconduct on the morning of the day on which he was dismissed. There had been previous misbehaviour but the industrial tribunal held that the case had to be determined on the basis of what had happened on that morning and that the employers had acted reasonably and had fairly … Continue reading British Labour Pump Co Ltd v Byrne: EAT 1979
Mrs Bradley was employed by Dart Mill several times from 1933 and 1970 and acquired byssinosis from inhaling cotton dust. The company was wound up in 1975 and dissolved in 1976. In 1984 she applied to the court for pre-action disclosure under section 33(2) of the Supreme Court Act 1981 and RSC Ord. 24 rule … Continue reading Bradley v Eagle Star Insurance Co Ltd: HL 1989
Mr Bell asked his solicitors to transfer the matrimonial home into his wife’s sole name. He was to receive a one-sixth interest of the gross proceeds on a sale. His interests were to be protected by a trust deed or mortgage. The solicitor drafted the documents and the transaction was completed; but no declaration of … Continue reading Bell v Peter Browne and Co: CA 1990
The tenant had served his section 26 notice under the 1954 Act, but then began the court proceedings before the minumum two month period had expired. The landlord did not take the point at first, and delivered an answer and negotiated compensation. After the expiry of the maximum period of four months, when it was … Continue reading Kammins Ballrooms Co Limited v Zenith Investments (Torquay) Limited: HL 1970
The company took in a new director and shareholder, and relied upon their solicitors to draft a covenant to restrain him competing within a set time of leaving the company. The covenant turned out to be ineffective. The defendant solicitors replied that the action was out of time. Held: The purpose of the covenant was … Continue reading D W Moore and Co Ltd v Ferrier: CA 1988
(High Court of Australia) A claim was based on a statutory trade indemnity scheme. The insurers claimed damages from Wardley, on the basis that its alleged deceit induced them to grant an indemnity, which was subsequently called on. Held: ‘[T]he English decisions have proceeded according to the view that, where the plaintiff is induced by … Continue reading Wardley Australia Ltd v Western Australia: 1992
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
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
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
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was argued that a term was to be implied requiring resignation of a director when … Continue reading Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009
Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975
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
The claimant alleged defamation and malicious falsehood in an article published and written by the defendants. She complained that she was said to have fabricated an interview with the second defendant for her book. An interview of sorts had now been accepted to have taken place. Held: To be counted as defamatory an allegation must … Continue reading Thornton v Telegraph Media Group Ltd: QBD 26 Jul 2011
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
The court has a common law power to defer part of its sentencing process. Citations: [1976] 1 WLR 106 Jurisdiction: England and Wales Cited by: Cited – Regina v Jones (Timothy) CACD 23-May-2003 The court had delayed part of the sentencing procedure to fix a compensation order. However if it did so, it should state … Continue reading Regina v Annesley: CACD 1976
The court considered the circumstances under which it could depart from its previous decision. Scott LJ said that it might be allowed on the basis of the earlier decision ‘being inconsistent with general principles laid down by the House of Lords and with other decisions of this Court.’ Judges: Scott LJ Citations: [1946] 1 KB … Continue reading Wilson v Chatterton: CA 1946
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994
Statutory Duty Does Not Create Common Law Duty The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves … Continue reading Stovin v Wise, Norfolk County Council (Third Party): HL 24 Jul 1996
Lloyds Agents Owe Care Duty to Member; no Contract Managing agents conducted the financial affairs of the Lloyds Names belonging to the syndicates under their charge. It was alleged that they managed these affairs with a lack of due careleading to enormous losses. Held: The assumption of responsibility principle enunciated in Hedley is not confined … Continue reading Henderson v Merrett Syndicates Ltd: HL 25 Jul 1994
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
The defendant solicitor had persuaded his client to release a charge, thus advancing the solicitor’s own subsequent charge on the same property. The action was started in the Chancery Division of the High Court. The statement of claim alleged fraud and claimed damages. At the trial the action was treated as action in the tort … Continue reading Nocton v Lord Ashburton: HL 19 Jun 1914
(Supreme Court of Victoria) The court had appointed a receiver without requiring a cross-undertaking in damages. The order was then set aside, and compensation was sought. There had been no cross-undertaking. Held: If it had power to award compensation it would do so. However, after an exhaustive review of authorities from three continents, the court … Continue reading National Australia Bank Ltd v Bond Brewing Holdings Ltd: 1991
Grand Chamber – The appellant claimed damages for being held in prison beyond the term of his sentence. Having been released on licence from a life sentence for murder, he was re-sentenced for a cheque fraud. He was not released after the end of the sentence he served for that offence. He said there was … Continue reading Stafford v The United Kingdom: ECHR 28 May 2002
The 1987 Regulations provided additional benefits for disabled persons, but excluded from benefit those who had nowhere to sleep. The claimant said this was irrational. He had been receiving the disability premium to his benefits, but this was cancelled when he lost his home. Held: The appeal was dismissed. The disabilty premium, as part of … Continue reading RJM, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 22 Oct 2008
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
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015
Widowers claimed that, in denying them benefits which would have been payable to widows, the Secretary of State had acted incompatibly with their rights under article 14 read with article 1 of Protocol 1 and article 8 of the ECHR. Held: The Secretary’s appeal succeeded. Section 6 of the 1998 Act permitted the discrimination as … Continue reading Hooper and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 5 May 2005
Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976
EAT CONTRACT OF EMPLOYMENT – Incorporation into contractTRANSFER OF UNDERTAKINGS – Pensions and other termsIn this test case, the Claimant started his employment with Birmingham City Council on 29 July 1971. In 1993, the Council and its recognised trade unions entered into a collective agreement relating to redeployment and redundancy. By clause 3.2 it was … Continue reading Worrall and Others v Wilmott Dixon Partnership Ltd and Another: EAT 9 Jul 2010
The plaintiff’s husband, a member of the RAF, was electrocuted and killed in the kitchen of his house. A solicitor failed to issue a writ in time and deprived the plaintiff of the opportunity to pursue court proceedings. Held: Damages were not assessed on an all-or-nothing basis by reference to what probably would have been … Continue reading Kitchen v Royal Air Force Association: CA 1958
An agreement between the parties for assignment or novation of a credit agreement, contained a ‘take out’ agreement (‘TOA’). The defendant began proceedings in California to rescind the agreement, and the claimants obtained summary judgement under the TOA and an injunction to prevent the defendants proceeding in California. The defendants appealed. There were allegations of … Continue reading National Westminster Bank v Utrecht-America Finance Company: CA 10 May 2001
Provisions were in place which said that a person charged with a very serious crime of violence having once been convicted previously of rape or murder he was to be refused bail automatically. Although the provision had later been altered, the provision did infringe his human rights, and the system also denied to him an … Continue reading Caballero v United Kingdom: ECHR 29 Feb 2000
Save exceptionally, a car park is not a road for the purposes of road traffic legislation on obligatory insurance. It is an unjustified strain on the language. A distinction made between the road ways and the parking bays was artificial and unhelpful. Whether any particular area was a road is a question of fact in … Continue reading Clarke v Kato and Others; Cutter v Eagle Star Insurance Co Ltd: HL 25 Nov 1998
The court was asked whether an employer was responsible in law to a workman who having been injured so as to leave the employer liable under the Workers’ Compensation Acts, later committed suicide. Held: Lord Hamworth MR said: ‘It is necessary to find not merely that there has been suicide, not merely at the time … Continue reading Church v Dugdale and Adams Ltd: CA 1929
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000
The plaintiff, an elderly solicitor wishing to retire, advertised for someone to enter into partnership with him and to buy his house. The defendant responded to the advertisement and negotiations followed, in which the plaintiff stated that the practice brought him in about 300 pounds a year. In fact it did not bring in anything … Continue reading Redgrave v Hurd: CA 1881
The defendant wrongly used and asserted a right of way over a private road to a house which he had built. Held: To restrain the defendant from using the road would render the new house uninhabitable. The court refused an injunction on the grounds of the plaintiff’s delay in commencing proceedings. The defendant was ‘liable … Continue reading Bracewell v Appleby: ChD 1975
The court was asked as to the terms on which solicitors and Counsel were retained to act for the defendants. The appeals did not raise any issues concerning costs practice, and were by way of review of the Costs Judge’s rulings, and not by way of re-hearing; the question was whether the rulings had been … Continue reading Radford and Another v Frade and Others: QBD 8 Jul 2016
The council appealed against the decision that it is liable to pay compensation under section 106 of the Building Act 1984, for loss to a business on Hastings Pier arising from its closure during 2006 under the council’s emergency powers. The Council said that the company had been in default under section 106. Held: There … Continue reading Hastings Borough Council v Manolete Partners Plc: SC 27 Jul 2016
Meat had been seized under section 116 of the 1875 Act as unfit for human consumption. Although the butcher was acquitted of any offence under section 117 of that Act, on the grounds that he was unaware that it was unfit for consumption, it was found that he was nonetheless ‘in default’ for the purpose … Continue reading Hobbs v Winchester Corporation: CA 18 Jun 1910
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties. Issue I: does EU law require the tax credit to be set by reference to the overseas tax actually paid, as … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under human rights law, but predated by many years the incorporation of … Continue reading In re McKerr (Northern Ireland): HL 11 Mar 2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury. Held: The jury should indeed have been given opportunity to explain their verdict: ‘By … Continue reading Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019