Search Results for: Damages Act 1996

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Doublerange Ltd and Others v National Power plc and Others and British Coal Corporation (third party); Harris and Others v National Power plc and Another: ComC 9 Oct 1996

ComC European Union – ECSC Treaty article 4(b) and article 63(1) – direct effect – rights to individuals – cause of action – striking out – discrimination by purchasers – exhaustive – article 86 EC – cause of action -striking out – ECSC Treaty article 63(1) – Commission recommendation – future recommendation – cause of … Continue reading Doublerange Ltd and Others v National Power plc and Others and British Coal Corporation (third party); Harris and Others v National Power plc and Another: ComC 9 Oct 1996

Mansfield Vtaran Microsystems Ltd (Contract of Employment – Damages for Breach of Contract : Unfair Dismissal): EAT 14 Sep 2018

CONTRACT OF EMPLOYMENT – Damages for breach of contract UNFAIR DISMISSAL – Constructive dismissal UNFAIR DISMISSAL – Compensation UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Polkey deduction The Appellant contended that the Employment Judge made a perverse finding regarding the Appellant’s conduct prior to dismissal (but which the Respondent only discovered after dismissal). The … Continue reading Mansfield Vtaran Microsystems Ltd (Contract of Employment – Damages for Breach of Contract : Unfair Dismissal): EAT 14 Sep 2018

Hodgkinson and Corby Ltd and Another v Wards Mobility Services Ltd: ChD 6 Nov 1996

The claimants brought a claim in passing-off first obtaining an interim injunction but then failing at trial. The defendants then claimed under the undertaking in damages given. The claimants now sought to say that the injunction could have been justified on the separate ground that the defendants were in breach of copyright. The defendants said, … Continue reading Hodgkinson and Corby Ltd and Another v Wards Mobility Services Ltd: ChD 6 Nov 1996

Appleton and others v Garrett: 1996

The plaintiffs were patients of the defendant dentist who had carried out unnecessary treatment on them; they claimed damages for trespass and sought aggravated damages. Held: There was no reason in principle why awards of aggravated damages should not be made for feelings of anger or indignation in cases of trespass to the person where … Continue reading Appleton and others v Garrett: 1996

Horton v Taplin Contracts Limited: CA 8 Nov 2002

The employee claimed damages after injury at work using scaffolding equipment supplied by his employers which was upset by the violent act of a fellow employee. Held: The equipment when used properly was safe. It only became dangerous if deliberately misused. The employer could not be vicariously liable for the deliberate wrongful act of a … Continue reading Horton v Taplin Contracts Limited: CA 8 Nov 2002

Lion Nathan Limited and others v C C Bottlers Limited and others: PC 14 May 1996

(New Zealand) A company was sold with a warranty that the sales figures would meet projected earnings. The purchaser successfully complained after the event that the figures were false and misleading. They appealed an order increasing the damages on the basis that the earnings figures had been manipulated. The order stood. The proper measure of … Continue reading Lion Nathan Limited and others v C C Bottlers Limited and others: PC 14 May 1996

Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (Formerly STC Submarine Systems Ltd): CA 20 Dec 1996

Judges: Lord Justice Stuart-Smith Lord Justice Ward And Lord Justice Hutchison Citations: [1996] EWCA Civ 1286 Jurisdiction: England and Wales Citing: Cited – Thomas Witter v TBP Industries Ltd ChD 15-Jul-1994 An award of damages for misrepresentation required that there had at some time been a right of rescission, not necessarily a continuing right to … Continue reading Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (Formerly STC Submarine Systems Ltd): CA 20 Dec 1996

Page v Combined Shipping and Trading Co Ltd: CA 24 May 1996

Mr Page was taken on to trade in commodities for the defendant for a minimum period of four years. Six months later the defendant’s parent company decided to cease trading activities, and he began proceedings claiming compensation under regulation 17 and applied for an injunction to prevent the defendant from moving its assets abroad. The … Continue reading Page v Combined Shipping and Trading Co Ltd: CA 24 May 1996

Standard Chartered Bank v Pakistan National Shipping Corporation and Another: CA 17 Dec 1996

Citations: [1996] EWCA Civ 1235, [1999] 1 LI Rep 747 Jurisdiction: England and Wales Cited by: Cited – Great Future International Limited and Others v Sealand Housing Corporation (in Liquidation) and Others ChD 3-Dec-2002 The claimants were to be awarded damages, having been fraudulently induced to purchase shares. The defendant claimed that the increase in … Continue reading Standard Chartered Bank v Pakistan National Shipping Corporation and Another: CA 17 Dec 1996

Gerber Garment Technology Inc v Lectra Systems Limited Lectra Systemes SA: CA 18 Dec 1996

The plaintiffs claimed damages for patent infringement. Some of the lost profits for which the plaintiff company claimed damages were suffered by subsidiary companies in which it held all the shares. Held: When a shareholder has a cause of action but his company has none, he can recover damages measured by the reduction in value … Continue reading Gerber Garment Technology Inc v Lectra Systems Limited Lectra Systemes SA: CA 18 Dec 1996

Lloyds Bank Plc v Rogers and Another: CA 20 Dec 1996

An out of time claim for defamation was allowed after late disclosures by the defendant bank in the case. Citations: Times 24-Mar-1997, [1996] EWCA Civ 1277 Jurisdiction: England and Wales Citing: Appeal from – Lloyd’s Bank Plc v Rogers and Another QBD 11-Apr-1996 Claim may be added outside limitation period where based on same facts. … Continue reading Lloyds Bank Plc v Rogers and Another: CA 20 Dec 1996

Forward v Hendricks: CA 6 Dec 1996

Citations: [1996] EWCA Civ 1132, [1997] 2 All ER 395 Jurisdiction: England and Wales Citing: Cited – Walkley v Precision Forgings Ltd HL 1979 The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, … Continue reading Forward v Hendricks: CA 6 Dec 1996

Vernon v Bosley (3): CA 19 Dec 1996

The plaintiff claimed damages for acute stress after failing to rescue his two daughters in an accident caused by the defendant. After the accident, he became involved in family proceedings concerning custody of other children. Medical reports used in the children proceedings suggesting an improvement in his condition had not been disclosed to the court … Continue reading Vernon v Bosley (3): CA 19 Dec 1996

Jones v Pollard, Mirror Group Newspapers Limited and Bailey: CA 12 Dec 1996

Articles in consecutive issues of The Sunday Mirror accused the plaintiff of pimping for the KGB, organising sex with prostitutes for visiting British businessmen and then blackmailing them. The defendants pleaded justification. The plaintiff conceded in evidence that he was a persistent womaniser, but denied procuring prostitutes, though a tape of a conversation with a … Continue reading Jones v Pollard, Mirror Group Newspapers Limited and Bailey: CA 12 Dec 1996

Thomas v Commissioner of Police for Metropolis: CA 28 Nov 1996

In an action for damages and false imprisonment, the defendant police officers sought to have introduced the claimant’s previous criminal record, which was expired under the 1974 Act. Held: The judge had been correct not to follow practice in criminal cases on such questions. The purpose of the Act in civil proceedings was to allow … Continue reading Thomas v Commissioner of Police for Metropolis: CA 28 Nov 1996

Post Office v Adekeye: CA 13 Nov 1996

Race discrimination which took place after a dismissal was not unlawful within the section, since that first required the context of employment, and after the dismissal, the applicant was no longer in that employment. The natural meaning of the phrase ’employed by him’ in section 4 (2) was confined to persons employed at the time … Continue reading Post Office v Adekeye: CA 13 Nov 1996

First National Commercial Bank Plc v Loxleys (a Firm): CA 6 Nov 1996

The plaintiff claimed damages from the seller of land and from their solicitors for misrepresentation in the replies to enquiries before contract. He appealed a striking out of his claim. Held: A lawyer’s disclaimer placed on his Replies to Enquiries before Contract were to be examined carefully to see if they constituted an unfair term. … Continue reading First National Commercial Bank Plc v Loxleys (a Firm): CA 6 Nov 1996

Bayoumi v Protim Services Limited: CA 6 Nov 1996

The county court judge had allowed damages to the claimant, who owned a property which suffered from persistent water penetration, general damages for breach of the 1972 Act, the sum of andpound;1,500 a year for the four years during which the problems lasted, making a total of andpound;6,000 in all. The judge made it clear … Continue reading Bayoumi v Protim Services Limited: CA 6 Nov 1996

Gardner v Marsh and Parsons (a Firm), Dyson: CA 2 Dec 1996

Damages awarded against a surveyor for a negligent survey which had missed certain defects, were not to be reduced for repairs later carried out by the landlord at his own expense. The trial judge decided to award damages reflecting the difference between the value of the property without the defects and its value with them … Continue reading Gardner v Marsh and Parsons (a Firm), Dyson: CA 2 Dec 1996

Louis v Sadiq: CA 22 Nov 1996

The defendant neighbour had carried out construction works on a joint structure involving its demolition. He had not complied with the requirements of the 1917 Act. Held: A neighbour doing work on a party wall without complying with the requirements of the Act was creating a nuisance, and he made himself liable for special damages, … Continue reading Louis v Sadiq: CA 22 Nov 1996

Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996

British Diabetic Association v Diabetic Society; Bennett and Atkin: CA 31 Oct 1996

The plaintiffs sought damages. Alleging passing off by the defendants. An injunction had been granted, and the appellants now sought to appeal release from that injunction. An order for costs estimated at andpound;350,000 had been made. Held: Leave to appeal would be granted only on the appellants giving security for costs in the sum of … Continue reading British Diabetic Association v Diabetic Society; Bennett and Atkin: CA 31 Oct 1996

Wells v Wells; Thomas v Brighton Health Authority; Page v Sheerness Steel Company Limited: CA 23 Oct 1996

The plaintiff was a member of a scheme providing permanent health insurance benefits. The issue was whether the insurance monies received by the plaintiff were to be treated as sick pay (and therefore deductible from the damages) or insurance monies falling within the insurance exception. Held: ‘In my view it is quite wrong to treat … Continue reading Wells v Wells; Thomas v Brighton Health Authority; Page v Sheerness Steel Company Limited: CA 23 Oct 1996

Frost and Others v Chief Constable of South Yorkshire and Others: CA 31 Oct 1996

The distinction normally made between primary and secondary victims claiming damages for shock in witnessing a terrible event does not apply to employees who were obliged by their contract to be present. Citations: Times 06-Nov-1996, [1996] EWHC CA 173 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Frost and Others v Chief Constable … Continue reading Frost and Others v Chief Constable of South Yorkshire and Others: CA 31 Oct 1996

Bence Graphics International Ltd v Fasson UK Ltd: CA 24 Oct 1996

Bench sold vinyl film to Fasson for decals to identify sea-borne bulk containers. A term required the film to be legible condition for at least five years. Fasson sold them to container manufacturers who supplied the containers marked with the decals to shipping lines. Some became illegible. Fasson brought an action for breach of warranty. … Continue reading Bence Graphics International Ltd v Fasson UK Ltd: CA 24 Oct 1996

Mann and Others v Secretary of State for Employment: CA 30 Sep 1996

LMA An Industrial tribunal does not have the jurisdiction to entertain Francovich state liability for damages actions – these must be heard by the ordinary courts. Citations: [1997] IRLR 21, [1996] EWCA Civ 617 Jurisdiction: England and Wales Cited by: Appeal from – Mann and others v Secretary of State for Employment HL 8-Jul-1999 When … Continue reading Mann and Others v Secretary of State for Employment: CA 30 Sep 1996

Tsikata v Newspaper Publishing Plc: CA 30 Sep 1996

Judges: Simon Brown LJ Citations: [1996] EWCA Civ 618, [1997] 1 All ER 655, [1997] EMLR 117 Links: Bailii Statutes: Defamation Act 1952 Jurisdiction: England and Wales Citing: Appeal from – Tsikata v Newspaper Publishing Plc QBD 28-Oct-1994 Qualified privilege reporting statutory proceedings stays despite doubts on findings. Jonathan Sumption QC said: ‘Historically, qualified privilege … Continue reading Tsikata v Newspaper Publishing Plc: CA 30 Sep 1996

De Bretton v Hampshire County Council: CA 9 Oct 1996

The claimant sought damages after a car skidded on the road, and she was injured. She said the respondent was in breach of their statutory duty in having failed to clear the road. The authority said it had taken the appropriate steps to clear up the spillage, and that the accident was a result of … Continue reading De Bretton v Hampshire County Council: CA 9 Oct 1996

Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996

Individual officers, but not the police force itself are answerable in a race discrimination claim. The force is not vicariously liable for an individual officer’s acts. Citations: Gazette 06-Nov-1996, Times 10-Oct-1996, [1996] EWCA Civ 684, [1998] QB 65, (1997) 9 Admin LR 601, [1997] 1 All ER 289 Links: Bailii Statutes: Race Relations Act 1976 … Continue reading Farah v Commissioner of Police for Metropolis: CA 9 Oct 1996

St Albans City and District Council v International Computers Ltd: CA 14 Aug 1996

The council purchased software from the defendants to calculate council taxes. Mistakes in the software undercalculated the amounts required to be recovered causing the council substantial losses. The company sought to rely upon a clause in the contract limiting the extent of their liability. Held: The clause was unreasonable in the light of the very … Continue reading St Albans City and District Council v International Computers Ltd: CA 14 Aug 1996

Welton, Welton v North Cornwall District Council: CA 17 Jul 1996

The defendant authority appealed a finding that it was liable in negligence from the conduct of one of its environmental health officers. The plaintiff had set out to refurbish and open a restaurant. He said the officer gave him a list of things he must do. He had done them, but the licence was still … Continue reading Welton, Welton v North Cornwall District Council: CA 17 Jul 1996

Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

Porter and Another v Secretary of State for Transport: CA 3 Jun 1996

No issue estoppel on land value arose from a previous Secretary’s finding on Lands Tribunal. Citations: Times 03-Jun-1996, [1996] 3 All ER 693 Statutes: Land Compensation Act 1961 18 Jurisdiction: England and Wales Cited by: Cited – Forrester v The Secretary Of State For The Environment And South Buckinghamshire District Council Admn 14-Mar-1997 The applicant … Continue reading Porter and Another v Secretary of State for Transport: CA 3 Jun 1996

Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages. Held: The contention was … Continue reading Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

Dart v Dart: CA 2 Jul 1996

A strictly mathematical approach to calculating ancillary relief can be inappropriate in large sum cases. The statutory jurisdiction has to provide for all applications for ancillary financial relief, from the poverty stricken to the multi-millionaire. Held: The court to reconcile existing practice wit the statute. Reasonable requirements are more extensive than needs. What a person … Continue reading Dart v Dart: CA 2 Jul 1996

Credit Lyonnais Bank Nederland NV v Burch: CA 1 Jul 1996

A Bank was to assume that undue influence existed where they knew that an employee was giving security for his employer’s debt to the bank. An unlimited guarantee given by an employee to his employer’s bank was set aside as unconscionable. The circumstances in which the doctrine of unconscionable bargains would apply were similar to … Continue reading Credit Lyonnais Bank Nederland NV v Burch: CA 1 Jul 1996

Credit Suisse Asset Management Ltd v Armstrong and Others: CA 3 Jun 1996

The employer provided fund management services to private clients. The notice periods for the various employees ranged between three and twelve months, but the handbook governing the terms of employment provided that during the respective notice periods the employer might place the employees on garden leave. Held: A period of garden leave to be served … Continue reading Credit Suisse Asset Management Ltd v Armstrong and Others: CA 3 Jun 1996

Brennan v Brighton Borough Council: CA 24 Jul 1996

Challenges to a leave to appeal having been given should only to be commenced if properly justified. They are rarely likely to succeed. Citations: Times 24-Jul-1996 Jurisdiction: England and Wales Citing: Cited – Pontin v Wood CA 1962 The writ had been issued just before the expiration of the relevant limitation period in a defective … Continue reading Brennan v Brighton Borough Council: CA 24 Jul 1996

Berkoff v Burchill and and Times Newspapers Limited: CA 31 Jul 1996

The plaintiff actor said that an article by the defendant labelling him ugly was defamatory. The defendant denied that the words were defamatory. Held: It is for the jury to decide in what context the words complained of were used and whether they were defamatory in those circumstances. An allegation that an actor was hideously … Continue reading Berkoff v Burchill and and Times Newspapers Limited: CA 31 Jul 1996

Cavity Trays Ltd v RMC Panels Products Ltd: CA 1996

The threats provisions may have the effect of making litigation more rather than less likely. The exclusion in the subsection is limited in its scope. It does not give rise to a general entitlement to threaten manufacturers or importers or users. In particular, if a trader both manufactures and sells products and a patentee threatens … Continue reading Cavity Trays Ltd v RMC Panels Products Ltd: CA 1996

Lancashire Fires Ltd v S A Lyons and Co Ltd: CA 1996

It was claimed that a loan to the employee from a customer of the employer coupled with an exclusive supply agreement by the employee as and when the competing business becomes operative was in breach of an non-compete clause. Held: The injunction was granted. It was not incumbent on an employer to point out to … Continue reading Lancashire Fires Ltd v S A Lyons and Co Ltd: CA 1996

The Mortgage Corporation Ltd v Ubah: CA 21 Mar 1996

The respondent mortgagee had obtained an order for possession against the mortgagor freeholder, referred to in the judgment as ‘the Chief’, who had, prior to the mortgage, granted a tenancy to the appellant. Held: The landlord’s retention of a right to use the kitchen made the tenancy a restricted tenancy even though no use was … Continue reading The Mortgage Corporation Ltd v Ubah: CA 21 Mar 1996

D’Souza v Lambeth Borough Council: CA 3 Mar 1996

The claimant challenged a decision that the council could properly refuse to re-instate him after a wrongful dismissal. Citations: [1996] EWCA Civ 502 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – D’Souza v Lambeth Borough Council EAT 18-Oct-1995 The employment tribunal held that it had not been practicable for the council to reinstate … Continue reading D’Souza v Lambeth Borough Council: CA 3 Mar 1996

Melville v Bruton: CA 29 Mar 1996

Statutory damages awarded for a wrongful eviction must allow for other the fact that parts of the property were in occupation by others. The comparison required by the Act ‘necessarily involved valuing the unincumbered interest on a factual as opposed to a notional basis, otherwise that which the landlord was ordered to pay to the … Continue reading Melville v Bruton: CA 29 Mar 1996

Milor SRL and Others v British Airways Plc: CA 15 Feb 1996

The Warsaw Convention allows ‘forum shopping’, and the doctrine of forum non conveniens applies. Article 28(1) specifies the jurisdictions in which claims under the Convention may be brought. If the English Court is one of those jurisdictions, then our procedural rules which permit an action to be stayed in favour of another jurisdiction on grounds … Continue reading Milor SRL and Others v British Airways Plc: CA 15 Feb 1996

Mackenzie v Business Magazines (UK) Ltd and Others: CA 18 Jan 1996

Consent to amendment of defence wrongfully refused without finding of mala fides. Citations: Times 05-Mar-1996 Jurisdiction: England and Wales Cited by: Cited – Godfrey v Demon Internet Limited (2) QBD 23-Apr-1999 Evidence of Reputation Admissible but Limited The plaintiff had brought an action for damages for defamation. The defendant wished to amend its defence to … Continue reading Mackenzie v Business Magazines (UK) Ltd and Others: CA 18 Jan 1996

Stern v Piper and Others: CA 21 May 1996

The defendant newspaper said that allegations had been made against the plaintiff that he was not paying his debts. In their defence they pleaded justification and the fact that he was being sued for debt. Held: A defamation was not to be justified in respect of extracts from affirmations in pending lawsuits. The court applied … Continue reading Stern v Piper and Others: CA 21 May 1996

O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996

The claimant had been dismissed as a teacher by the respondent Roman Catholic school after she became pregnant by a priest. She had been found to have been unfairly dismissed, but the tribunal had rejected her claim of discrimination for pregnancy. Judges: Mummery J P Citations: [1996] IRLR 372, [1997] ICR 33, [1996] UKEAT 1180 … Continue reading O’Neill v Governors of St Thomas More RC School and Another: EAT 24 May 1996

Colin Baker v Black Sea and Baltic General Insurance Co Ltd: CA 1996

Otton LJ explained the standard commercial rate of interest: ‘The practice whereby interest is normally awarded at 1 per cent over base rate amounts to a presumption which can be displaced if its application would be substantially unfair to either party. That rate represents something of a compromise (albeit weighted in favour of the plaintiff) … Continue reading Colin Baker v Black Sea and Baltic General Insurance Co Ltd: CA 1996

Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

Member states may be liable to individuals for their failure to implement EU laws. The right of individuals to rely on directly applicable provisions of the EC Treaty before national courts is not sufficient in itself to ensure full and complete implementation of the Treaty. LMA Brasserie de Pecheur – Claim by a French brewery … Continue reading Brasserie du Pecheur v Bundesrepublik Deutschland; Regina v Secretary of State for Transport, ex parte Factortame and others (4): ECJ 5 Mar 1996

Small v The Shrewsbury and Telford Hospitals NHS Trust (Victimisation Discrimination – Protected Disclosure – Practice and Procedure): EAT 19 Aug 2019

VICTIMISATION DISCRIMINATION – Protected disclosure PRACTICE AND PROCEDURE – Disposal of appeal including remission The Court of Appeal had remitted back to the Tribunal the issue of a Chagger claim for damages for stigma loss, following the termination of the Appellant’s contract as a worker after raising asbestos issues which had constituted a detriment under … Continue reading Small v The Shrewsbury and Telford Hospitals NHS Trust (Victimisation Discrimination – Protected Disclosure – Practice and Procedure): EAT 19 Aug 2019

Parry v Clwyd Health Authority: QBD 1996

The court preferred the more objective approach as to looking at when a plaintiff was to be fixed with knowledge of his injury: ‘If the purpose of section 14(3) is to create deemed or constructive knowledge in circumstances where there is no actual knowledge, it is highly improbable that Parliament intended that the application of … Continue reading Parry v Clwyd Health Authority: QBD 1996

Tower Boot Company Limited v Jones: CA 11 Dec 1996

An employer’s liability for racial abuse by its employees is wider than its liability under the rules of vicarious liability. The statute created new obligations. Sex and race discrimination legislation seeks to eradicate the ‘very great evil’ of discrimination.Waite LJ said: ‘a statute is to be construed according to its legislative purpose, with due regard … Continue reading Tower Boot Company Limited v Jones: CA 11 Dec 1996

Ward v Aitken and Others; In re Oasis Merchandising Services Ltd: CA 9 Oct 1996

The Court was asked as to the validity of the assignment by a liquidator to a litigation funder of the benefit of a wrongful trading claim against the directors of the company under section 214 of the IA 1986. The directors sought to stay the claim on the basis that the liquidator had no power … Continue reading Ward v Aitken and Others; In re Oasis Merchandising Services Ltd: CA 9 Oct 1996

Vernon v Bosley (2): CA 29 Mar 1996

The defendant had been driving the plaintiff’s daughters, but negligently caused an accident from which they died. The plaintiff was called to the accident, and claimed to have suffered post traumatic stress. The defendant said that the effect was explainable simply as grief. The defendant appealed against the quantum of damages. Held: Damages for nervous … Continue reading Vernon v Bosley (2): CA 29 Mar 1996

The Mahkutai: PC 24 Apr 1996

(Hong Kong) The question was whether shipowners, who were not parties to the bill of lading contract between the charterers and carriers on the one part, and the cargo-owners, the bill of lading being a charterer’s bill, could enforce against the cargo-owners an exclusive jurisdiction clause contained in that contract. Held: Ship owners may not … Continue reading The Mahkutai: PC 24 Apr 1996

Austin Rover Group Ltd v Her Majesty’s Inspector of Factories: HL 1990

The relevant factors in the phrase the words ‘so far as is reasonably practicable’ are the foreseeable risk of injury and the cost of the preventive measures. ‘Sections 2 and 3 impose duties in relation to safety on a single person, whether an individual or a corporation, who is in a position to exercise complete … Continue reading Austin Rover Group Ltd v Her Majesty’s Inspector of Factories: HL 1990

Secretary of State for Trade and Industry v Cook and others: EAT 13 Dec 1996

Employees who are otherwise qualified employees will transfer with their undertaking even though they are unaware of the identity of their new employer. Morison J considered the situation where there was a transfer of the undertaking, but the employee had not known the identity of the transferee: ‘In relation to the employee who, had he … Continue reading Secretary of State for Trade and Industry v Cook and others: EAT 13 Dec 1996

Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996

The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made. Held: The contract had to be construed as a whole. Under the contract, the sum became … Continue reading Charter Reinsurance Co Ltd v Fagan and Others: HL 24 May 1996

Porter v Secretary of State for Transport: CA 1996

Land had been compulsorily acquired for a road. The plaintiff was granted on appeal under section 18 of the 1961 Act a certificate of appropriate alternative development in respect of the land acquired, namely that the land acquired would have been suitable for residential development. Held: On a valuation on a compulsory purchase of land, … Continue reading Porter v Secretary of State for Transport: CA 1996

Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar: CA 27 Mar 1996

A solicitor failed in 1983 to advise a purchaser of the fact that premium she was paying on purchasing a leasehold flat was unlawful under the Act, and would be unrecoverable on the sale. Before trial however, in 1989 the law changed and the premium would now be recoverable. Held: It was wrong to assess … Continue reading Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar: CA 27 Mar 1996

Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003

The claimant had contracted to purchase lead from some of the defendants. There were delays in payment but when funds were made available they should have been repaid. An incorrect bill of lading was presented. The bill certified that the goods had been loaded, but they had not. Held: An inspector certifying the goods should … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003

Ryan-Sheridan v FEACVT: ECFI 15 Feb 1996

ECFI Officials – Employees of the European Foundation for the Improvement of Living and Working Conditions – Recruitment procedure – Rejection of an internal candidate – Actions for annulment – Action for damages. Citations: T-589/93, [1996] EUECJ T-589/93 Links: Bailii European Updated: 06 June 2022; Ref: scu.172776

Stubbings and Others v The United Kingdom: ECHR 22 Oct 1996

There was no human rights breach where the victims of sex abuse had been refused a right to sue for damages out of time. The question is whether and to what extent differences in otherwise similar situations justify a different treatment in law: ‘Limitation periods in personal injury cases are a common feature of the … Continue reading Stubbings and Others v The United Kingdom: ECHR 22 Oct 1996

Buckley v The United Kingdom: ECHR 25 Sep 1996

The Commission had concluded, by a narrow majority, that the measures taken by the respondent in refusing planning permission and enforcing planning orders were excessive and disproportionate, even allowing a margin of appreciation enjoyed by the national authorities. The Commission found that the interests of the applicant outweighed the general interest. The Court, also by … Continue reading Buckley v The United Kingdom: ECHR 25 Sep 1996

Cashmore v Blue Circle Plumbing Fixtures Ltd: CA 30 Jul 1996

Time did not run for the purposes of CCR Order 9 Rule 10 during a period when the action was stayed pursuant to an order for a stay made under CCR Order 6 Rule 1(6) pending the filing of a medical report in support of a claim for damages for personal injuries. Held: In an … Continue reading Cashmore v Blue Circle Plumbing Fixtures Ltd: CA 30 Jul 1996

Criminal proceedings against Ruiz Bernaldez: ECJ 28 Mar 1996

Europa In the preliminary-ruling procedure under Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to be given, to determine, having regard to the particular features of each case, both the need for a preliminary ruling to enable … Continue reading Criminal proceedings against Ruiz Bernaldez: ECJ 28 Mar 1996

Regina v H M Treasury, ex parte British Telecommunications: ECJ 26 Mar 1996

The Government should not be ordered to pay compensation for failing to implement a European Directive which remained ambiguous. A failure to implement a directive into national law may be actionable but there would normally be only small damages. The breach here had not involved a manifest and grave disregard of European law. LMA BT … Continue reading Regina v H M Treasury, ex parte British Telecommunications: ECJ 26 Mar 1996

Rocky Mountain Traders Limited and Hewlett Packard Gmbh; Westcoast Limited and Fellowes Manufacturing (UK) Limited: CA 20 Dec 2000

The claimant appealed an order finding its patents for mechanisms for labelling CDs invalid for obviousness. Held: the judge had applied the correct tests for obviousness, and the view taken by the judge of the expert evidence was not open to challenge in the way suggested. The patent was invalid for obviousness, and the appeal … Continue reading Rocky Mountain Traders Limited and Hewlett Packard Gmbh; Westcoast Limited and Fellowes Manufacturing (UK) Limited: CA 20 Dec 2000

Mothew (T/a Stapley and Co) v Bristol and West Building Society: CA 24 Jul 1996

The solicitor, acting in a land purchase transaction for his lay client and the plaintiff, had unwittingly misled the claimant by telling the claimant that the purchasers were providing the balance of the purchase price themselves without recourse to further borrowing when he knew that they were using an overdraft to obtain further funding. The … Continue reading Mothew (T/a Stapley and Co) v Bristol and West Building Society: CA 24 Jul 1996

Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

Sperm which had been taken from a dying and unconscious man may not be used for the later insemination of his surviving wife. The Act required his written consent. Held: Community Law does not assist the Applicant. The question had been considered in Parliament, and allowing for the limitations on the powers of courts exercising … Continue reading Regina v Human Fertilisation and Embryology Authority ex parte DB: Admn 17 Oct 1996

T v Secretary of State for the Home Department: HL 22 May 1996

The applicant for asylum had been involved in an airport bomb attack killing 10 people. Asylum had been refused on the basis that this was a non-political crime. Though the organisation had political objectives, those were only indirectly associated with the bomb attach which was disproportionate to those aims. Held: The involvement by the applicant … Continue reading T v Secretary of State for the Home Department: HL 22 May 1996

Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd: ECJ 23 May 1996

The wrongful prevention by a state of the lawful export of animals gave rise to a right to claim for damages. LMA The UK had refused to grant licences for the export of live sheep to Spain, on the grounds that the slaughterhouses were not complying with the terms of an EC Directive requiring the … Continue reading Regina v Ministry of Agriculture Fisheries and Food Ex Parte Hedley Lomas (Ireland) Ltd: ECJ 23 May 1996

Regina v Secretary of State for the Home Department Ex Parte Abdi, Same v Same, Ex Parte Gawe: HL 15 Feb 1996

Two Somali nationals were refused asylum and sought to challenge a decision rejecting their claim that to be sent to Spain would be contrary to the United Kingdom’s obligations under the Geneva Convention of 1951. Held: Adjudicators are experts in their field and are provided with a great deal of background information in relation to … Continue reading Regina v Secretary of State for the Home Department Ex Parte Abdi, Same v Same, Ex Parte Gawe: HL 15 Feb 1996

O’Neill v Governors of St Thomas More Roman Catholic Voluntary Aided Upper School: EAT 7 Jun 1996

The dismissal by a Roman Catholic school of a teacher who was pregnant by a priest, was on the grounds of pregnancy, and for an inadmissible reason. The pregnancy was an effective cause of the adverse treatment of the Appellant by her employer. Judges: Mummery P Citations: Gazette 12-Sep-1996, Times 07-Jun-1996, [1996] IRLR 372, [1996] … Continue reading O’Neill v Governors of St Thomas More Roman Catholic Voluntary Aided Upper School: EAT 7 Jun 1996

Invercargill City Council v Hamlin: PC 12 Feb 1996

(New Zealand) Seventeen years earlier the plaintiff had asked a builder to construct a house for him, but it now appeared that the foundations had been inadequate. The building company no longer being in existence, he sought damages from the local authority which had supervised the construction. Held: A Local Authority was liable for economic … Continue reading Invercargill City Council v Hamlin: PC 12 Feb 1996

Digital Equipment Co Ltd v Clements: EAT 11 Dec 1996

An excess redundancy payment is to be deducted from damages before any per cent pro rata redeuction is to be made for any other reason. An employer paying over statutory minimum on redundancy is entitled to full credit for extra payment of had dismissed unfairly. Citations: Times 11-Dec-1996, [1996] UKEAT 593 – 95 – 0512 … Continue reading Digital Equipment Co Ltd v Clements: EAT 11 Dec 1996

Dillenkofer and Others v Federal Republic of Germany: ECJ 8 Oct 1996

Individuals have a right to claim damages for the failure to implement a Community Directive. LMA The case concerned a failure to implement a Directive on package holidays. Held: The breach by the German State was clearly inexcusable and was therefore sufficiently serious to warrant liability (no mention of conditions). Non transposition of Directive within … Continue reading Dillenkofer and Others v Federal Republic of Germany: ECJ 8 Oct 1996

Coventry City Council v Finnie and Another: QBD 2 May 1996

No undertaking for damages was to be required of a Local Authority exercising a statutory duty. The grant of an injunction in favour of a local authority performing law enforcement duties did not necessarily carry with it a cross-undertaking on damages of a type that is familiar in private litigation. Judges: Scott Baker J Citations: … Continue reading Coventry City Council v Finnie and Another: QBD 2 May 1996

Chiron Corporation and Others v Murex Diagnostics Ltd (No 11): ChD 15 Mar 1996

A large interim award of damages can be proper if it is less than the likely damages which would be awarded at trial despite their remaining outstanding issues of fact to be decided. Citations: Times 15-Mar-1996 Citing: See Also – Chiron Corporation and Others v Murex Diagnostics Ltd CA 14-Oct-1994 ECJ judgments make a UK … Continue reading Chiron Corporation and Others v Murex Diagnostics Ltd (No 11): ChD 15 Mar 1996

Burton and Another v De Vere Hotels: EAT 3 Oct 1996

Two black waitresses, clearing tables in the banqueting hall of a hotel, were made the butt of racist and sexist jibes by a guest speaker entertaining the assembled all-male company at a private dinner party. Held: The employer of the waitresses had racially discriminated against the waitresses. Had the assistant managers in charge for the … Continue reading Burton and Another v De Vere Hotels: EAT 3 Oct 1996

Busby v Cooper; Busby v Abbey National plc; Busby v Lumby: CA 2 Apr 1996

The claimant sought damages after having bought a house after receiving an allegedly negligent report on the concrete. She had asked to be allowed to add a third party (the local authority who had passed the building) as a defendant, but the request was outside the primary limitation period and was refused and again on … Continue reading Busby v Cooper; Busby v Abbey National plc; Busby v Lumby: CA 2 Apr 1996

Burgoine and Another v Waltham Forest London Borough Council and Another: ChD 7 Nov 1996

A claim for an indemnity was made by two council officers who were also directors of a company set up by the local authority to finance and manage a waterpark for the public. The project failed and the company went into liquidation. The liquidator brought proceedings to recover substantial sums from them under the Insolvency … Continue reading Burgoine and Another v Waltham Forest London Borough Council and Another: ChD 7 Nov 1996

John Holland Construction and Engineering Pty Ltd v Kvaerner R J Brown Pty Ltd: 1996

(Supreme Court of Victoria) The defendant applied to strike out substantial parts of a statement of claim on grounds including that the defendant faced allegations that by reason of breaches of contract the plaintiff had suffered loss of damage, particulars of which were given in a schedule A in which the loss and damage was … Continue reading John Holland Construction and Engineering Pty Ltd v Kvaerner R J Brown Pty Ltd: 1996

Kpohraror v Woolwich Building Society: CA 10 Jan 1996

The defendants had wrongfully refused payment of the claimant’s cheque for pounds 4,550. The error was realised on the same day, and corrected. The master awarded damages of pounds 5,550 as general damages to the claimant’s credit by reason of the dishonour. It was argued that as the claimant was not in business he could … Continue reading Kpohraror v Woolwich Building Society: CA 10 Jan 1996

Clunis v Camden and Islington Health Authority: QBD 12 Dec 1996

The plaintiff brought proceedings against the defendant health authority for negligence and breach of duty of care on the ground that, if he had been properly treated, he would not have killed his victim and would not have been convicted of the offence of manslaughter. He alleged that the consequence of the defendant’s breach of … Continue reading Clunis v Camden and Islington Health Authority: QBD 12 Dec 1996

Oswald v Countrywide Surveyors Ltd: 1996

The evidential burden of establishing betterment is on the defendant. Citations: (1996) 50 Con LR 1 Cited by: Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000 Standard Conract – Wide Exclusions, Apply 1977 Act The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract … Continue reading Oswald v Countrywide Surveyors Ltd: 1996