Search Results for: Legal Aid Act 1988 Part V

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Pegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another: ChD 11 Nov 2008

The claimants alleged professional negligence in advice given by the defendant on a share purchase, saying that it should have been structured to reduce Capital Gains Tax. The defendants denied negligence and said the claim was statute barred. Held: The defence in fact was that the claimant had both brought the claim too early because … Continue reading Pegasus Management Holdings Sca and Another v Ernst and Young (A Firm) and Another: ChD 11 Nov 2008

Pounder, Regina (on the Application of) v HM Coroner for the North and South Districts of Durham and Darlington and others: Admn 22 Jan 2009

The deceased died aged 14 in a Secure Training Centre by hanging. He had complained of his treatment and restraint methods used. The mother sought judicial review of the conduct of the inquest, wanting the coroner not to have ruled on the legality of the restraint methods used, and which of the STC Rules and … Continue reading Pounder, Regina (on the Application of) v HM Coroner for the North and South Districts of Durham and Darlington and others: Admn 22 Jan 2009

Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004

The Bank anticipated criticism in an ad hoc enquiry which was called to investigate its handling of a matter involving the claimant. The claimant sought disclosure of the documents created when the solicitors advised employees of the Bank in preparing to present the Bank’s case, and the Bank now appealed an order granting such access, … Continue reading Three Rivers District Council and others v Governor and Company of the Bank of England (No 6): HL 11 Nov 2004

Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

The principal claimants sold the rights to take photographs of their wedding to a co-claimant magazine (OK). Persons acting on behalf of the defendants took unauthorised photographs which the defendants published. The claimants had retained joint copyright over the photographs and reserved a right to control publication of any particular photographs. In return they made … Continue reading Douglas and others v Hello! Ltd and others (No 3): CA 18 May 2005

Lloyds Bank plc v Rosset: HL 29 Mar 1990

The house had been bought during the marriage but in the husband’s sole name. The plaintiff’s charge secured the husband’s overdraft. The bank issued possession proceedings. Mr Rosset had left, but Mrs Rosset claimed, as against the bank an interest in it as the matrimonial home. She said there had been a common understanding or … Continue reading Lloyds Bank plc v Rosset: HL 29 Mar 1990

London Borough of Harrow v Qazi: HL 31 Jul 2003

The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003

Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005

Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

O’Connor, Regina (On the Application of) v HM Coroner for District of Avon and Another: Admn 7 May 2009

Two children died when their father jumped with them from a hotel balcony. The father had been acquitted in Crete of manslaughter after evidence of his psychiatric condition. The applicant now challenged the English coroner’s verdict of unlawful killing. Held: If the trial had been in England, a coroner could not make a finding inconsistent … Continue reading O’Connor, Regina (On the Application of) v HM Coroner for District of Avon and Another: Admn 7 May 2009

Regina v Gold and Schifreen: CACD 17 Jul 1987

Use of Illegally Obtained Passwords not Forgery The defendants had obtained password and ID information sufficient to secure access to British Telecom’s Prestel Service. They appealed against convictions under the 1981 Act after using the access codes to log in. Having gained such access they obtained information to which they were not entitled; made unauthorised … Continue reading Regina v Gold and Schifreen: CACD 17 Jul 1987

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian: CA 30 Oct 2012

Non-resident parents in each case appealed against suspended orders of imprisonment for non-payment of child support. They argued that the procedures used were indistinguishable from those held to be human rights non-compliant in Mubarak. Held: The Commission had not taken all alternative enforcement steps first as required by the Act, and accordingly it was ot … Continue reading Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian: CA 30 Oct 2012

Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others: CA 30 Nov 2005

Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the AandE department. From there he escaped and jumped into and drowned in … Continue reading Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others: CA 30 Nov 2005

Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003

Parish Councils are Hybrid Public Authorities The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention right. Held: … Continue reading Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another: HL 26 Jun 2003

Faisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc: Admn 21 Nov 2008

Nine claimants sought leave to bring judicial review of the issue of search warrants against solicitors’ and business and other premises, complaining of the seizure of excluded material and of special procedure material. There were suspicions of the import of counterfeit clothing and of money laundering. Held: The burden of showing that the judge acted … Continue reading Faisaltex Ltd and others, Regina (on the Application of) v Crown Court Sitting at Preston and others etc: Admn 21 Nov 2008

Nunn, Regina (on The Application of) v Chief Constable of Suffolk Constabulary and Another: SC 18 Jun 2014

Limits to Duty To Investigate The claimant had been convicted of a murder. He continued to protest his innocence, and now sought judicial review of the respondent’s decision not to act upon his requests for further investigations which might prove his innocence. Held: The Appeal failed. Where new information did come to light there was … Continue reading Nunn, Regina (on The Application of) v Chief Constable of Suffolk Constabulary and Another: SC 18 Jun 2014

Sedleigh-Denfield v O’Callaghan: HL 24 Jun 1940

Occupier Responsible for Nuisance in adopting it A trespasser laid a drain along a ditch on the defendant’s land. Later the defendants came to use the drain themselves. A grate was misplaced by them so that in a heavy rainstorm, it became clogged with leaves, and water flowed over into the plaintiff’s neighbouring land. Held: … Continue reading Sedleigh-Denfield v O’Callaghan: HL 24 Jun 1940

A J Bekhor and Co Ltd v Bilton: CA 6 Feb 1981

The plaintiff had applied for disclosure of assets under the Rules of the Supreme Court in support of a Mareva freezing order. The rules were held not to provide any such power: disclosure of assets could not be obtained as part of discovery as the documents concerned did not relate ‘to matters in question in … Continue reading A J Bekhor and Co Ltd v Bilton: CA 6 Feb 1981

Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994

Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994

Turley v Unite The Union and Another: QBD 19 Dec 2019

Defamation of Labour MP by Unite and Blogger The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the union. The defendants pursued defences … Continue reading Turley v Unite The Union and Another: QBD 19 Dec 2019

Law Society v Sephton and Co (a Firm) and Others: HL 10 May 2006

A firm of solicitors had a member involved in a substantial fraud. The defendant firm of accountants certified the firm’s accounts. There were later many calls upon the compensation fund operated by the claimants, who sought recovery in turn from the accountants. The accountants pleaded limitation. Held: The Law Society faced a contingent liability on … Continue reading Law Society v Sephton and Co (a Firm) and Others: HL 10 May 2006

O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999

The House considered a petition by a holder of 25 of the 100 issued shares in the company against the majority shareholder. The petitioner, an ex-employee, had been taken into management and then given his shares and permitted to take 50% of the company’s profits and a salary. Later the respondent in negotiations with the … Continue reading O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999

Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980

Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980

North Somerset District Council v Honda Motor Europe Ltd and Others: QBD 2 Jul 2010

Deleayed Rates Claims Service made them Defective The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created substantial prejudice. The Council challenged the correctness … Continue reading North Somerset District Council v Honda Motor Europe Ltd and Others: QBD 2 Jul 2010

Regina v Abu Hamza: CACD 28 Nov 2006

The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out abroad. Held: The appeal failed. Murder is singled out as an offence even … Continue reading Regina v Abu Hamza: CACD 28 Nov 2006

Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed. Held: The appeal was dismissed. The right to an inquiry was procedural and depended first on the … Continue reading Gentle, Regina (on the Application of) and Another v The Prime Minister and Another: HL 9 Apr 2008

Calvin v Carr: PC 15 Jan 1979

(New South Wales) It was argued that a decision of the stewards of the Australian Jockey Club was void for having been made in breach of the rules of natural justice. Held: The stewards were entitled to use the evidence of their eyes and their experience in reaching their decision. The appeal process was an … Continue reading Calvin v Carr: PC 15 Jan 1979

Payne v Payne; P v P: CA 13 Feb 2001

No presumption for Mother on Relocation The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence. Held: The move was a serious interference … Continue reading Payne v Payne; P v P: CA 13 Feb 2001

NML Capital Ltd v Argentina: SC 6 Jul 2011

The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011

Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981

No General Liability in Tort for Wrongful Acts The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, but complained that the defendants had continued to make supplies by … Continue reading Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981

Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd: CA 12 Nov 1987

Incorporation of Onerous Terms Requires More Care Photographic transparencies were hired out to the advertising agency defendant. The contract clauses on the delivery note included a fee which was exorbitant for the retention of transparencies beyond the set date. Held: The plaintiff had not managed to include the terms in the contract, which was only … Continue reading Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd: CA 12 Nov 1987

Lloyds TSB Bank Plc v Markandan and Uddin (A Firm): ChD 14 Oct 2010

The claimant sought damages saying that the defendant firm of solicitors had failed to deal properly with a conveyance having paid across the mortgage funds to a non-existent firm of solicitors and without obtaining the appropriate documents at all. The defendant was not suspected of being involved in the fraud. The court was asked whether … Continue reading Lloyds TSB Bank Plc v Markandan and Uddin (A Firm): ChD 14 Oct 2010

Memec Plc v Commissioners of Inland Revenue: CA 9 Jun 1998

Memec plc, was a partner in a German silent partnership (stille Gesellschaft). The partnership had no separate legal personality, but was a contractual arrangement under which Plc had the right to receive a share of the profits of the business carried on by the other partner, in return for a capital payment. The other partner, … Continue reading Memec Plc v Commissioners of Inland Revenue: CA 9 Jun 1998

Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be transferred only if the claimant’s brother paid all the Inheritance Tax. It was transferred … Continue reading Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

Tchenguiz and Others v Imerman: CA 29 Jul 2010

Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order restraining her use of the information obtained, saying that ‘the law which protects Mr Imerman’s confidential information and … Continue reading Tchenguiz and Others v Imerman: CA 29 Jul 2010

Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

M v Home Office and Another; In re M: HL 27 Jul 1993

A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be delayed, and accepted an undertaking from counsel to the Crown that he would … Continue reading M v Home Office and Another; In re M: HL 27 Jul 1993

Sarfraz v Disclosure and Barring Service: CA 22 May 2015

The claimant appealed against the refusal of the defendant to remove his name from the list of those barred from working with children. He had been a GP. Though not priosecuted for any criminal offence the Professional Conduct Committee had found his misconduct proved and he had been suspended from the Medical register for twelve … Continue reading Sarfraz v Disclosure and Barring Service: CA 22 May 2015

K Ltd v National Westminster Bank Plc and others: CA 19 Jul 2006

The bank had declined to act upon a customer’s instructions, reporting its suspicions of criminal activity to the police. Permission was given to proceed but only after a delay. The claimant customer sought its costs. Held: The customer’s appeal failed. Parliament had laid down a proper procedure and the bank had followed it: ‘if a … Continue reading K Ltd v National Westminster Bank Plc and others: CA 19 Jul 2006

Lesotho Highlands Development Authority v Impregilo Spa and others: HL 30 Jun 2005

The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies. Held: The question remained whether the arbitrator had exceeded its powers, not whether they had been wrongly exercised. An error of law … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: HL 30 Jun 2005

Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019

Prorogation request was non-justiciable The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent. Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable in Her Majesty’s courts.’‘The Prime Minister’s decision that Parliament should be … Continue reading Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019

Office of Communications v The Information Commissioner: SC 27 Jan 2010

The parties disputed the publication of materials relating to the exact placement of mobile phone masts. The operators wanted the information excepted from disclosure for fear of criminal acts and also said that disclosure would breach their database rights. Held: The Regulations sought merely to transpose the Directive into UK law, and it must be … Continue reading Office of Communications v The Information Commissioner: SC 27 Jan 2010

McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005

Anson v Revenue and Customs: SC 1 Jul 2015

Interpretation of Double Taxation Agreements This appeal is concerned with the interpretation and application of a double taxation agreement between the United Kingdom and the United States of America. A had been a member of an LLP in Delaware, and he was resident within the UK, but not domiciled here. He was liable to UK … Continue reading Anson v Revenue and Customs: SC 1 Jul 2015

Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: SC 16 Jul 2014

The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human Rights under article 6(2) and under common law. Held: The appeal … Continue reading Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: SC 16 Jul 2014

Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008

The authority insured its primary liability for compensation under the 1886 Act through the claimants and the excess of liability through re-insurers. The parties sought clarification from the court of the respective liabilities of the insurance companies and as to whether the compensation under the Acts counted as damages under the policies. The syndicate said … Continue reading Bedfordshire Police Authority v Constable and others: ComC 20 Jun 2008

Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov: HL 17 Oct 2007

The owners of a ship sought to rescind charters saying that they had been procured by bribery. Held: A claim to rescind a contract by reason of bribery fell within the scope of an arbitration clause under which the parties had agreed to refer to arbitration ‘any dispute arising under this charter’. The issue of … Continue reading Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov: HL 17 Oct 2007

Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The “Diana Prosperity”): HL 1976

In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. The real issue is what evidence of surrounding circumstances may ultimately be allowed to influence … Continue reading Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The “Diana Prosperity”): HL 1976

Derby and Co Ltd v Weldon (Nos 3 and 4): CA 1990

The plaintiff had obtained an asset freezing order against a defendant Panamanian Company, which now appealed saying that it was inappropriate to make such an order where the company had no assets in the jurisdiction. Held: The appeal failed. In the event of disobedience there was sufficient sanction in that the court could bar the … Continue reading Derby and Co Ltd v Weldon (Nos 3 and 4): CA 1990

Coll v Floreat Merchant Banking Ltd and Others: QBD 3 Jun 2014

The court was asked whether it was possible to bring contempt proceedings against a solicitor for the breach of an undertaking other than one given to the court. The parties had been employee and employer. On the breakdown of that relationship, the employer took possession of a computer used by the employee. They disputed ownership. … Continue reading Coll v Floreat Merchant Banking Ltd and Others: QBD 3 Jun 2014

Basso and Another v Regina: CACD 19 May 2010

The defendants had been convicted of offences of failing to comply with planning enforcement notices (and fined andpound;10.00), and subsequently made subject to criminal confiscation orders. The orders had been made in respect of the gross income receipts of the business, limited to andpound;760,000. The defendants said that the activities had been otherwise lawful and … Continue reading Basso and Another v Regina: CACD 19 May 2010

Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Costs of Wrongly Appointed Receiver ‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as management receiver of … Continue reading Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another: SC 8 May 2014

Myers v Elman: HL 1939

The solicitor had successfully appealed against an order for a contribution to the other party’s legal costs, after his clerk had filed statements in court which he knew to be misleading. The solicitor’s appeal had been successful. Held: The Court of Appeal’s decision was reversed. The plaintiff was not asking the court to exercise its … Continue reading Myers v Elman: HL 1939

Snook v London and West Riding Investments Ltd: CA 1967

Sham requires common intent to create other result The court considered a claim by a hire-purchase company for the return of a vehicle. The bailee said the agreement was a sham. Held: The word ‘sham’ should only be used to describe an act or document where the parties have a common intention that the act … Continue reading Snook v London and West Riding Investments Ltd: CA 1967

Shah and Another v HSBC Private Bank (UK) Ltd: QBD 26 Jan 2009

The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays were made pending reports of suspected criminal activity. The bank’s delay had stigmatised the claimant causing further losses. The bank requested that the claims be struck out. The claimants sought permission to amend their claims. Held: … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 26 Jan 2009

Performing Right Society Limited v London Theatre of Varieties Limited: HL 1924

The parties, the plaintiff who was the equitable assignee of performing rights and the infringing defendant, joined specific issue on the absence of the legal owner of the rights. Held: His absence was critical. PRS failed to obtain a perpetual injunction against music hall proprietors to prevent unlicensed public performances of ‘the Devonshire Wedding’ and … Continue reading Performing Right Society Limited v London Theatre of Varieties Limited: HL 1924

Lex Services plc v Her Majestys Commissioners of Customs and Excise: HL 4 Dec 2003

When taking a car in part exchange, the company would initially offer the correct market value. If the customer wanted, the company would agree a higher price. When cars were returned, the company at first reclaimed the VAT on the re-purchase price, but then submitted a rebate claim based upon the market value, the ‘non-monetary … Continue reading Lex Services plc v Her Majestys Commissioners of Customs and Excise: HL 4 Dec 2003

HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

Defence had no prospect of success – Struck Out The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment. Held: Warby J said: ‘There are two main questions … Continue reading HRH The Duchess of Sussex v Associated Newspapers Ltd: ChD 11 Feb 2021

Stovell, Regina v: CACD 12 Jan 2006

The defendant appealed against his conviction. Before he gave evidence, his legal team withdrew for professional embarrassment. He now complained that notwithstanding that he was unrepresented, prosecuting counsel had been permitted to make a closing address. Held: The appeal failed. Rose LJ said: ‘So far as the prosecution’s second speech is concerned, in the light … Continue reading Stovell, Regina v: CACD 12 Jan 2006

Forbes v Wandsworth Health Authority: CA 21 Mar 1996

The plaintiff had a history of circulatory problems in his legs. He underwent surgery losing his leg. The question was when he should have sought advice as to why an attempted by-pass operation had resulted in one leg having to be amputated. He enquired why only some 10 years after the event. He was told … Continue reading Forbes v Wandsworth Health Authority: CA 21 Mar 1996

Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008

The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008

William Sindall Plc v Cambridgeshire County Council: CA 21 May 1993

Land was bought for development, but the purchaser later discovered a sewage pipe which very substantially limited its development potential. The existence of the pipe had not been disclosed on the sale, being unknown to the seller. Held: Under the National Conditions of Sale, it is the purchaser who takes the risk of there being … Continue reading William Sindall Plc v Cambridgeshire County Council: CA 21 May 1993

Fisher v Brooker and Others: HL 30 Jul 2009

The claimant sought a share in the royalties from the song ‘A whiter shade of pale’ but had delayed his claim for 38 years. He had contributed the organ solo which had contributed significantly to the song’s success. He now sought a share of future royalties. Held: His appeal was allowed. Limitation did not apply, … Continue reading Fisher v Brooker and Others: HL 30 Jul 2009

Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006

Foreign Public Law Not Enforceable Here The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages. Held: The claims were not justiciable here. Public laws, like penal laws, may not … Continue reading Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others: CA 23 Oct 2006

Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998

Regina v Dhorajiwala: CACD 9 Jun 2010

The defendant appealed against her conviction for theft. She had been accused of stealing money over many months from the till at the pharmacy where she worked. She said that a confession in interviews conducted by civilian investigators should not have been admitted. She said that transactions had not been put through the till at … Continue reading Regina v Dhorajiwala: CACD 9 Jun 2010

Lord Advocate v Lord Lovat: 1880

Lord O’Hagan considered the nature of possession as regards land: ‘As to possession, it must be considered in every case with reference to the peculiar circumstances. The acts, implying possession in one case, may be wholly inadequate to prove it in . .