Search Results for: Damages Act 1996

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Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc: QBD 26 Mar 2004

The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued. Held: The words were defamatory. An offer of amends had been made, and the court had to ask what effect that had … Continue reading Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc: QBD 26 Mar 2004

Tullett Prebon Group Ltd v El-Hajjali: QBD 31 Jul 2008

The defendant signed an employment contract to join the claimants as a senior broker. He changed his mind and decided to stay in his existing job. The new employers sued for breach of contract. The defendant said that the claimants had refused to indemnify him should his employers claim under a restrictive covenant. He had … Continue reading Tullett Prebon Group Ltd v El-Hajjali: QBD 31 Jul 2008

Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

Regina v Nicol and Selvanayagam: QBD 10 Nov 1995

The appellants appealed a bind-over for a finding that each appellant had been guilty of conduct whereby a breach of the peace was likely to be occasioned. The appellants, concerned about cruelty to animals, had obstructed an angling competition by seeking to distract the fish and to dissuade the anglers from catching them. No violence … Continue reading Regina v Nicol and Selvanayagam: QBD 10 Nov 1995

Hitachi Sales UK Limited v Matsui Osk Lines Ltd: CA 1986

The court considered the effect of non-compliance with the following order: ‘Unless the Defendants do serve within 14 days the Further and Better particulars of the Points of Defence . . the Points of Defence be struck out, and the Plaintiffs be at liberty to enter judgment against the Defendants for damages to be assessed.’ … Continue reading Hitachi Sales UK Limited v Matsui Osk Lines Ltd: CA 1986

Welsh Development Agency v Redpath Dorman Long Ltd: CA 4 Apr 1994

A new claim was not deemed to have been made until the pleading was actually amended for limitation purposes, and should not be allowed after the limitation period had expired. The date of the application for leave to amend was not at issue. The court will normally require the claimant to bring fresh proceedings, in … Continue reading Welsh Development Agency v Redpath Dorman Long Ltd: CA 4 Apr 1994

Akers and Others v Samba Financial Group: SC 1 Feb 2017

Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the company, but Saudi law would not recognise such trusts. The shares had been … Continue reading Akers and Others v Samba Financial Group: SC 1 Feb 2017

Inveresk Plc v Tullis Russell Papermakers Ltd: SC 5 May 2010

The parties had undertaken the sale of a business (from I to TR) with part of the consideration to be payable on later calculation of the turnover. The agreement provided for an audit if the parties failed to agree. TR issued a figure. I argued that TR had caused additional losses by failing to maintain … Continue reading Inveresk Plc v Tullis Russell Papermakers Ltd: SC 5 May 2010

Hunter and Others v Canary Wharf Ltd; Same v London Docklands Development Board: CA 13 Oct 1995

A release of dust over neighbouring properties can be a nuisance but not a blocking of TV reception signals. No action lay in private nuisance for interference with television caused by the mere presence of a building. ‘A substantial link between the person enjoying the use and the land on which he or she is … Continue reading Hunter and Others v Canary Wharf Ltd; Same v London Docklands Development Board: CA 13 Oct 1995

Jones v London Borough of Merton: CA 16 Jun 2008

The court was asked ‘If a former secure tenant of a dwelling-house who has become a ‘tolerated trespasser’ in it decides to cease to occupy it, does his liability to pay mesne profits to his former landlord in respect of the dwelling-house cease when he gives up possession of it or does it continue until, … Continue reading Jones v London Borough of Merton: CA 16 Jun 2008

Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006

The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who had carried out the test. The third party said that the claim was out of … Continue reading Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006

JIS (1974) Ltd v MCP Investment Nominees I Ltd: CA 9 Apr 2003

The parties agreed for a lease to be granted of a new building. Part had been intended to be excluded for shops, but permission was not obtained, the shops area was included and leased back. When the tenants sought to determine the lease, the landlord said that vacant possession of the whole was required. Held: … Continue reading JIS (1974) Ltd v MCP Investment Nominees I Ltd: CA 9 Apr 2003

Mason and Another v Satelcom Ltd and East Potential Ltd: CA 14 May 2008

The claimant was replacing a computer memory card. He fell from a ladder suffering injury. He was employed by the defendant contracting for another defendant, and used a ladder on loan from another neighbour. Held: The contribution sought from the owner of the ladder failed. It had not been proved that East owned the ladder, … Continue reading Mason and Another v Satelcom Ltd and East Potential Ltd: CA 14 May 2008

N v Chief Constable of Merseyside Police: QBD 29 Nov 2006

The claimant was raped and assaulted by a police officer. She sought damages from the Chief Constable saying he was vicariously liable, saying that the rapist had been wearing his uniform though in fact off duty. Judges: Nelson J Citations: [2006] EWHC 3041 (QB) Links: Bailii Statutes: Police Act 1996 88(1) Jurisdiction: England and Wales … Continue reading N v Chief Constable of Merseyside Police: QBD 29 Nov 2006

Reinwood Ltd v L Brown and Sons Ltd: HL 20 Feb 2008

The employer received a notice of non-completion from his architect, and in turn served a notice on the contractor under section 111, and deducted damages for non-completion from the next payment. The contractor said this was not allowed because the architect had in the meantime granted an extension. Held: The contract should be construed in … Continue reading Reinwood Ltd v L Brown and Sons Ltd: HL 20 Feb 2008

SK, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Jan 2008

The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the legality of returning failed asylum applicants to Zimbabwe. Held: Despite allegations of … Continue reading SK, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Jan 2008

Brooke and Others, Regina (on the Application of) v The Parole Board and Another: CA 1 Feb 2008

The claimant prisoner complained that the Parole Board was insufficiently independent of government to provide a fair hearing. The court at first instance had found that the relationship between the Parole Board and the sponsoring Department put the Secretary in a position of apparent influence over the approach of the Parole Board in its curial … Continue reading Brooke and Others, Regina (on the Application of) v The Parole Board and Another: CA 1 Feb 2008

Storer v British Gas plc: CA 25 Feb 2000

An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the tribunal had no jurisdiction to conduct itself in this way. The industrial tribunal system … Continue reading Storer v British Gas plc: CA 25 Feb 2000

Kent County Council v G and others: HL 24 Nov 2005

A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the treatment of the mother. Held: The appeal succeeded: ‘the main purpose of the proposed … Continue reading Kent County Council v G and others: HL 24 Nov 2005

Hood v Mitie Property Services (Midlands) Ltd and Another: QBD 1 Jul 2005

Defendant employer’s claim for contribution to damages for fall at work from land owner. Judges: Playford QC HHJ Citations: [2005] EWHC B6 (QB) Links: Bailii Statutes: Construction (Health, Safety & Welfare) Regulations 1996, Civil Liability (Contribution) Act 1978 Jurisdiction: England and Wales Personal Injury, Health and Safety Updated: 12 July 2022; Ref: scu.263174

Charman v Orion Group Publishing Group Ltd and others: CA 10 Oct 2007

Judges: Ward, Sedley, Hooper LJJ Citations: [2007] EWCA Civ 972, [2008] 1 All ER 750 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Charman v Orion Publishing Group Ltd and others QBD 13-Jul-2006 The claimant police officer sought damages from the defendants who had published a book alleging that he had been corrupt. … Continue reading Charman v Orion Group Publishing Group Ltd and others: CA 10 Oct 2007

Thrasyvoulou v Secretary of State for the Environment: HL 1990

A building owner appealed against enforcement notices which alleged that there had been a material change of use of his buildings in 1982. This notice was issued by a planning authority. As a result of the appeal an inspector determined that the buildings were in hotel use. The use of the buildings did not change … Continue reading Thrasyvoulou v Secretary of State for the Environment: HL 1990

Regina v Ministry of Defence ex parte Smith; ex parte Grady: CA 3 Nov 1995

Four appellants challenged the policy of the ministry to discharge homosexuals from the armed services. Held: Where a measure affects fundamental rights or has profoundly intrusive effects, the courts will anxiously scrutinise the decision to introduce it.Sir Thomas Bingham MR said: ‘The court may not interfere with the exercise of an administrative discretion on substantive … Continue reading Regina v Ministry of Defence ex parte Smith; ex parte Grady: CA 3 Nov 1995

Bryce Ashworth v Newnote Ltd: CA 27 Jul 2007

The appellant challenged a refusal to set aside a statutory demand, in respect of his director’s loan account with the respondent company, saying the court should have accepted other accounts to set off against that debt. Held: A statutory demand may be set aside if ‘the debtor appears to have a counterclaim, set-off or cross … Continue reading Bryce Ashworth v Newnote Ltd: CA 27 Jul 2007

Secretary of State for the Home Department v Baiai and others: CA 23 May 2007

The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England. Held: The rules were not justified by evidence that a sufficient number of sham marriages, or that the number of such marriages had any overall … Continue reading Secretary of State for the Home Department v Baiai and others: CA 23 May 2007

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

ID and others v The Home Office (BAIL for Immigration Detainees intervening): CA 27 Jan 2005

The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other inmates. The respondent argued that immigration officers had immunity from suit. Held: Brooke LJ said … Continue reading ID and others v The Home Office (BAIL for Immigration Detainees intervening): CA 27 Jan 2005

Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019

The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame. Held: The appeals failed. Chapter 55 of the EIG … Continue reading Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019

Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

TNT Global Spa and Another v Denfleet International Ltd and Another: CA 2 May 2007

The driver of a lorry carrying the claimant’s goods was said to have fallen asleep at the wheel, and the cargo damaged in the accident. The carrier appealed a finding of liability for wilful misconduct. Held: ‘I am unable to accept that mere knowledge on the part of a driver that he was sleepy and … Continue reading TNT Global Spa and Another v Denfleet International Ltd and Another: CA 2 May 2007

Melville Dundas Ltd and others v George Wimpey UK Ltd and others: HL 25 Apr 2007

The appellant sought an interim payment for works of construction undertaken for the respondents under a JCT contract. The respondents contended that, having terminated the contract on their receivership, the contract and Act meant that the interim payment was no longer payable. Held: (Neuberger and Mance dissenting) The appeal was allowed. Lord Hoffmann: Parliament had … Continue reading Melville Dundas Ltd and others v George Wimpey UK Ltd and others: HL 25 Apr 2007

Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 21 Feb 2007

The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid. Held: The court should not rely on evidence given by the Ombudsman to a parliamentary select committee committee: ‘to allow the evidence of a witness to … Continue reading Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 21 Feb 2007

Cumbria County Council v Carlisle-Morgan: EAT 29 Jan 2007

EAT A employed R as a support worker. R made a number of protected disclosures relating to a fellow worker’s conduct towards a client. The ET held various detriments were suffered by R on the ground of the disclosures. On appeal A asserted (1) the ET did not give adequate reasons, (2) the findings were … Continue reading Cumbria County Council v Carlisle-Morgan: EAT 29 Jan 2007

McCoubrey v Ministry of Defence: CA 24 Jan 2007

The defendant appealed a decision allowing a claim to proceed more than ten years after it had been suffered. The claimant’s hearing had been damaged after an officer threw a thunderflash into his trench on an exercise. Held: The defendant’s appeal was allowed. ‘If a claimant can bring himself within section 11(4)(b), then he can … Continue reading McCoubrey v Ministry of Defence: CA 24 Jan 2007

Scott-Davies v Redgate Medical Services: EAT 11 Aug 2006

EAT Practice and Procedure – 2002 Act and Pre-action requirements There is no free-standing right to complain of a breach of the statutory procedures in the absence of a valid claim of unfair dismissal (here by a person with less than one year’s service). The right to a statement of particulars of contractual terms under … Continue reading Scott-Davies v Redgate Medical Services: EAT 11 Aug 2006

Rowlands v Chief Constable of Merseyside Police: CA 20 Dec 2006

The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable. Held: The Chief Constable was potentially liable for aggravated and or exemplary damages for the tortious acts of his officers. An … Continue reading Rowlands v Chief Constable of Merseyside Police: CA 20 Dec 2006

Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006

(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality. Held: Disclosure rules are different in judicial review proceedings since such … Continue reading Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006

Regina v Ministry of Agriculture, Fisheries and Food ex parte Lay and Gage: Admn 15 May 1995

The claimants sought damages for the wrong interpretation of the law by the Ministry, which had restricted their rights to milk quota. Held: Making an administrative decision which was in breach of European law was not enough in itself to justify a claim in damages, there had to be some misinterpretation of European law. The … Continue reading Regina v Ministry of Agriculture, Fisheries and Food ex parte Lay and Gage: Admn 15 May 1995

Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

The owners made substantial losses after the charterers breached the contract by failing to redliver the ship on time as agreed. Held: On the facts found the Owners’ primary claim is not too remote. To the knowledge of the Charterers, it was accepted as a hazard of late redelivery that the vessel would miss her … Continue reading Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia: ComC 1 Dec 2006

Turner v News Group Newspapers Ltd and Another: CA 16 May 2006

Dispute as to quantification of damages for libel. An offer of amends had been made, but the parties could not agree the sum payable. Judges: Pill LJ, Keene LJ, Moses LJ Citations: [2006] EWCA Civ 540, [2006] 1 WLR 3469, [2006] EMLR 703, [2006] 4 All ER 613 Links: Bailii Statutes: Defamation Act 1996 3(5) … Continue reading Turner v News Group Newspapers Ltd and Another: CA 16 May 2006

Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

The claimant alleged that the defendants had funded the purchase of various properties by secret and unlawful commissions taken by them whilst in power in Pakistan. They sought to recover the proceeds. They now sought permission to serve proceedings on the defendant companies abroad, outside a Lugano Convention country. Held: The claim should proced. ‘There … Continue reading Islamic Republic of Pakistan v Zardari and others: ComC 6 Oct 2006

Horton v Sadler and Another: HL 14 Jun 2006

The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006

A v Bottrill: PC 9 Jul 2002

PC (New Zealand) The defendant was a pathologist who carried out cervical smears. His actions were found to be negligent. Held: The Board considered whether it would be correct to require an additional prerequisite of intention or conscious recklessness before an award of exemplary damages. Such a requirement would always bring evidential difficulties and ‘courts … Continue reading A v Bottrill: PC 9 Jul 2002

Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

Desnousse v London Borough of Newham and others: CA 17 May 2006

The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006

Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006

The several defendants complained at the use at their trials of evidence given anonymously. The perceived need for anonymity arose because, from intimidation, the witnesses would not be willing to give their evidence without it. Held: The anonymity ruling did not prevent proper investigation with the witnesses in open court of the essential elements of … Continue reading Regina v Davis (Iain); Regina v Ellis, Regina v Gregory, Regina v Simms, Regina v Martin: CACD 19 May 2006

Bachnak v Emerging Markets Partnership (Europe) Ltd: EAT 27 Jan 2006

EAT The claimant had worked as an adviser for the respondent identifying investment opportunities. He said he had been unfairly dismissed after disclosing that the company had overpaid for an investment. He now appealed against a finding that any disclosures were not made in good faith and were not qualifying disclosures. Though his dismissal had … Continue reading Bachnak v Emerging Markets Partnership (Europe) Ltd: EAT 27 Jan 2006

Euro London Appointments Ltd v Claessens International Ltd: CA 6 Apr 2006

The court considered whether a clause in an employment agency’s terms and conditions amounted to a penalty and was unenforceable. The contract provided that if the offer was withdrawn by the eventual employer after acceptance but before the employment was taken up, the customer was to pay one third of the annual fee. Held: The … Continue reading Euro London Appointments Ltd v Claessens International Ltd: CA 6 Apr 2006

Gover and others v Propertycare Ltd: CA 28 Mar 2006

The claimants appealed dismissal of their claims for unfair dismissal, on the basis that they had been substantially dismissed as sales agents after rejecting conditions imposed unilaterally by their employers. Their damages had been limited to the loss of the consultation period to which they would have been entitled. Held: The appeal failed. The court … Continue reading Gover and others v Propertycare Ltd: CA 28 Mar 2006

Halton International Inc (Holding) and Another v Guernroy Ltd: ChD 9 Sep 2005

Parties had entered into a shareholders’ agreement as to voting arrengemets within a company. Thay disputed whether votes had been used in reach of that agreement, particularly as to the issue of new shares and their allotment, but the court now considered whether the claim was out of time. That issue depended upon whether a … Continue reading Halton International Inc (Holding) and Another v Guernroy Ltd: ChD 9 Sep 2005

Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006

The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After the expiry of the forty five days, the criminal proceedings were discontinued. … Continue reading Ali v Head Teacher and Governors of Lord Grey School: HL 22 Mar 2006

Van Colle v Hertfordshire Police: QBD 10 Mar 2006

The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006

Meadow v General Medical Council: Admn 17 Feb 2006

The appellant challenged being struck off the medical register. He had given expert evidence in a criminal case which was found misleading and to have contributed to a wrongful conviction for murder. Held: The evidence though mistaken was given in good faith and the penalty was disproportionate and was set aside. The evidence which had … Continue reading Meadow v General Medical Council: Admn 17 Feb 2006

Kuddus v Regina: CACD 16 May 2019

The defendant appealed his conviction for gross negligence manslaughter. He ran a takeaway food business. A meal was ordered by the victim through a third party website, adding that she suffered mild allergies. There was no evidence that the defendant knew of that information. Held: The appeal succeeded.Looking at someone responsible for running a restaurant: … Continue reading Kuddus v Regina: CACD 16 May 2019

George Galloway MP v The Telegraph Group Ltd: CA 25 Jan 2006

The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on Reynolds privilege. Held: The appeal failed. The judge had applied the correct tests for … Continue reading George Galloway MP v The Telegraph Group Ltd: CA 25 Jan 2006

Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005

Bella Casa Ltd v Vinestone Ltd and others: TCC 9 Dec 2005

Judges: His Honour Peter Coulson Q.C. Citations: [2005] EWHC 2807 (TCC) Links: Bailii Statutes: Defective Premises Act 1972 Jurisdiction: England and Wales Citing: Cited – McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002 In deciding whether a duty of care is established the court must go to the ‘battery of tests which the … Continue reading Bella Casa Ltd v Vinestone Ltd and others: TCC 9 Dec 2005

D’Souza v London Borough of Lambeth: EAT 9 Oct 1997

Citations: [1997] UKEAT 1206 – 95 – 0910 Links: Bailii Jurisdiction: England and Wales Citing: See Also – D’Souza v London Borough of Lambeth EAT 6-Dec-1994 . . See Also – D’Souza v London Borough of Lambeth EAT 1-May-1995 . . See Also – D’Souza v Lambeth Borough Council EAT 18-Oct-1995 The employment tribunal held … Continue reading D’Souza v London Borough of Lambeth: EAT 9 Oct 1997

D’Souza v London Borough of Lambeth: EAT 1 May 1995

Citations: [1995] UKEAT 266 – 92 – 0105 Links: Bailii Jurisdiction: England and Wales Citing: See Also – D’Souza v London Borough of Lambeth EAT 6-Dec-1994 . . Cited by: See Also – 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 London Borough of Lambeth: EAT 1 May 1995

D’Souza v London Borough of Lambeth: EAT 2 Jul 1997

Citations: [1997] UKEAT 1042 – 96 – 0207 Links: Bailii Jurisdiction: England and Wales Citing: See Also – D’Souza v London Borough of Lambeth EAT 6-Dec-1994 . . See Also – D’Souza v London Borough of Lambeth EAT 1-May-1995 . . See Also – D’Souza v Lambeth Borough Council EAT 18-Oct-1995 The employment tribunal held … Continue reading D’Souza v London Borough of Lambeth: EAT 2 Jul 1997

Oakley Inc v Animal Ltd and others: CA 20 Oct 2005

It was argued that the Secretary of State, when implementing the Directive in the 2001 Regulations, had exceeded his powers in preserving provisions of the Registered Designs Act. The judge had held the Seceretary had exceeded his powers. The Attorney general now criticised the judge for failing to allow for the extent of Parliamentary scrutiny … Continue reading Oakley Inc v Animal Ltd and others: CA 20 Oct 2005

Coulter v Chief Constable of Dorset Police: CA 13 Jul 2005

An appeal was made against an order refusing to set aside a second statutory demand. The demand was to enforce payment of an order for costs made in proceedings between the parties. The first statutory demand had been upheld, and the judge found that that this application was based on the grounds already rejected on … Continue reading Coulter v Chief Constable of Dorset Police: CA 13 Jul 2005

Hutchinson v Metropolitan Police Commissioner and Another: QBD 27 Jul 2005

The claimant sought damages for assault by a probationary constable. The constable had been called to a drunken party for Sainsbury’s employees. Held: The claimant had been assaulted. Miss Morgan had introduced herself as a police officer, had threatened the claimant with arrest and had then attempted to carry out the threat or to use … Continue reading Hutchinson v Metropolitan Police Commissioner and Another: QBD 27 Jul 2005

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 Mr D’Souza. He had succeeded in a claim for unfair dismissal and sought reinstatement, but this had been refused. Held: An award of damages was made for the failure to re-instate. Citations: Unreported, 18/10/1995 Jurisdiction: England and Wales Citing: See … Continue reading D’Souza v Lambeth Borough Council: EAT 18 Oct 1995

London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd: CA 28 Jul 2005

In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become secure tenants, having been allowed to continue in possession after breach of the terms of the … Continue reading London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd: CA 28 Jul 2005

London General Holdings Ltd and others v USP Plc and Another: CA 22 Jul 2005

Copyright was claimed in a draft legal agreement. Infringement was established, but the court was asked to look at the assessment of damages. Held: ‘what is the basis upon which damages for breach of copyright are awarded? The question cannot be answered without consideration of the nature of the wrongdoing which breach of copyright represents. … Continue reading London General Holdings Ltd and others v USP Plc and Another: CA 22 Jul 2005

Wragg, Regina (on the Application Of) v Director of Public Prosecutions: Admn 15 Jun 2005

The court faced a case stated where the defendant had been accused of resisting arrest. The officers claimed to have anticipated a breach of the peace, having been called to a domestic dispute. Held: Though the defendant had not behaved with violence in the presence of the officers the court was entitled to conclude from … Continue reading Wragg, Regina (on the Application Of) v Director of Public Prosecutions: Admn 15 Jun 2005

Khadir, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Jun 2005

The applicant who had entered England hidden in a lorry, claimed asylum, and had his claim rejected. It was said that as an Iraqi Kurd, he would be safe in the Kurdish area of Iraq. No safe means had been found of ensuring his return over some four years, and there was no immediate prospect … Continue reading Khadir, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Jun 2005

Blayney (T/A Aardvark Jewelry) v Clogau St David’s Gold Mines Ltd and others: ChD 20 Jul 2001

The court undertook an enquiry as to damages: ‘(1) Damages were to be assessed liberally on the basis of such inferences as the evidence justified.(2) Damages were to be assessed by reference to two periods, November 1992 to February 1996 and March 1996 to March 1997. The difference between them is that in the latter … Continue reading Blayney (T/A Aardvark Jewelry) v Clogau St David’s Gold Mines Ltd and others: ChD 20 Jul 2001

Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial failing and whether it made the proceedings a nullity. Held: The claimant’s appeal failed. … Continue reading Seal v Chief Constable of South Wales Police: HL 4 Jul 2007

Regina v Soneji and Bullen: HL 21 Jul 2005

The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005

Mccook v Lobo and others: CA 19 Nov 2002

The defendant was the occupier of premises. He did not direct how the work should be done and was not present at the time the work was being performed. Held: He had not been in control of the relevant work. Judge LJ referred to Regulation 4(2) of the 1996 Regulations and said: ‘The requisite level … Continue reading Mccook v Lobo and others: CA 19 Nov 2002

D’Souza v London Borough of Lambeth and Another: EAT 22 Jul 1998

Judges: Peter Clark HHJ Citations: [1998] UKEAT 199 – 98 – 2207, [1998] UKEAT 360 – 96 – 2207 Links: Bailii, Bailii Jurisdiction: England and Wales Citing: See Also – D’Souza v Lambeth Borough Council CA 10-Dec-1997 . . See Also – D’Souza v London Borough of Lambeth EAT 1-May-1995 . . See Also – … Continue reading D’Souza v London Borough of Lambeth and Another: EAT 22 Jul 1998

D’Souza v London Borough of Lambeth: EAT 6 Dec 1994

Judges: Mummery P J Citations: [1994] UKEAT 266 – 92 – 0612 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – D’Souza v London Borough of Lambeth EAT 1-May-1995 . .See Also – D’Souza v Lambeth Borough Council EAT 18-Oct-1995 The employment tribunal held that it had not been practicable for the council … Continue reading D’Souza v London Borough of Lambeth: EAT 6 Dec 1994

D’Souza v London Borough of Lambeth: EAT 14 Jan 1998

A re-instatement award after a finding of racial discrimination is in two stage process. The first part consisting of the order for re-instatement stays the balance of the award provisionally until the order for re-instatement has been complied with or otherwise. Citations: Gazette 14-Jan-1998 Statutes: Race Relations Act 1976 Jurisdiction: England and Wales Citing: See … Continue reading D’Souza v London Borough of Lambeth: EAT 14 Jan 1998

Abbott and Another v Will Gannon and Smith Ltd: CA 2 Mar 2005

The claimant had employed the defendants to design refurbishment works for their hotel. The work was said to be negligent, and the claimant sought damages. The defendant argued as a preliminary point that the claim was time barred. The question was asked as to whether Pirelli remained good law, in the light of the decision … Continue reading Abbott and Another v Will Gannon and Smith Ltd: CA 2 Mar 2005

Carty v London Borough of Croydon: CA 27 Jan 2005

The claimant sought damages in negligence from education officers employed by the respondent. He appealed refusal of his claim. A statement of special education needs had been made which he said did not address his learning difficulties. The authority, relying on Gorringe, said it was fulfilling a purely statutory duty. Held: Courts had not previously … Continue reading Carty v London Borough of Croydon: CA 27 Jan 2005

Inland Revenue and Another v Deutsche Morgan Grenfell Group Plc: CA 4 Feb 2005

The company sought repayment of excess advance corporation tax payments made under a mistake of law. The question was the extent of the effect of the ruling in Klienwort Benson, in particular whether it covered sums paid as taxation, and how the law of limitation was to be allowed for. Held: Money paid under a … Continue reading Inland Revenue and Another v Deutsche Morgan Grenfell Group Plc: CA 4 Feb 2005

H Parsons (Livestock) Limited v Uttley Ingham and C. Limited: CA 1978

The defendants had installed a pig nut hopper for the plaintiffs, but failed to provide adequate ventilation, causing the nuts to go sour, and the pigs to be poisoned. Held: Remoteness of damage is a question of law. The death of the pigs would have been within the contemplation of the parties when they made … Continue reading H Parsons (Livestock) Limited v Uttley Ingham and C. Limited: CA 1978

Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005

Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005

Nail and Another v News Group Newspapers Ltd and others: CA 20 Dec 2004

The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication. Held: In defamation proceedings the damage to feelings is assessed as at the point of assessment, and conduct of the defendant after the publication may aggravate or … Continue reading Nail and Another v News Group Newspapers Ltd and others: CA 20 Dec 2004

George Galloway MP v Telegraph Group Ltd: QBD 2 Dec 2004

The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly defamatory and untrue. The defendants said that the articles were protected by qualified privilege, since the claimant was … Continue reading George Galloway MP v Telegraph Group Ltd: QBD 2 Dec 2004

Parry – National Westminster Bank plc: CA 1 Nov 2004

The employee had been found to be unfairly dismissed. The company did not re-engage him, and he sought as part of his damages, the lost earnings up to the date of the hearing. The employer said these should be included within the overall damages cap. Held: The award of arrears was not ring fenced so … Continue reading Parry – National Westminster Bank plc: CA 1 Nov 2004

Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 2004

The defendant entered into an agreement for lease, incurring substantial obligations. When it could not meet them it sought assistance from the claimant, who now claimed to have an interest in a joint venture. The draft documentation originally suggested a loan, but then changed. Disagreements persisted after completion. Held: There was insufficient agreement to constitute … Continue reading Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 2004

Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe. Held: The respondent had not assumed a general responsibility to all road users to ensure that all or any trunk roads would be salted in … Continue reading Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions: CA 5 Nov 2004

Dignity Funerals Limited v Bruce: OHCS 14 Oct 2004

The employee was found to have been unfairly dismissed. The employer appealed the compensatory award which was based on his depressive illness. They said that the illness predated the dismissal. Held: The EAT’s decision was set aside. In increasing the award, the EAT had misconstrued the representations made by the appellant’s solicitors, but should itself … Continue reading Dignity Funerals Limited v Bruce: OHCS 14 Oct 2004

Marks and Spencer plc v Freshfields Bruckhaus Deringer (A Firm): ChD 2 Jun 2004

The claimant sought an injunction preventing the respondent form of solicitors acting for a client in a bid for the claimant, saying that the firm was continuing to act for it, and that a conflict of interest arose. Held: Though the transactions were different, there remained a sufficient risk of conflict. Most cases on the … Continue reading Marks and Spencer plc v Freshfields Bruckhaus Deringer (A Firm): ChD 2 Jun 2004

Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997

The court examined the development of the law in relation to comparative advertising. Jacob J said: ‘Prior to the coming into force of the Trade Marks Act 1994 comparative advertising using a registered trade mark of a competitor was, subject to minor exceptions involving the use of a company name, forbidden by section 4(1) of … Continue reading Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997

Chester v Afshar: HL 14 Oct 2004

The claimant suffered back pain for which she required neurosurgery. The operation was associated with a 1-2% risk of the cauda equina syndrome, of which she was not warned. She went ahead with the surgery, and suffered that complication. The evidence established that cauda equina syndrome was a random and inherent risk of the surgery, … Continue reading Chester v Afshar: HL 14 Oct 2004