The claimant challenged the lawfulness of his administrative detention pending removal to Ghana.
Dobbs DBE J
[2010] EWHC 709 (Admin)
England and Wales
Updated: 17 August 2022; Ref: scu.408631
Renewed application for permission to appeal. The appellant had been wrongly accused of abuse of his child. Though not prosecuted the child had been placed on the protection register.
[2009] EWCA Civ 1515
England and Wales
Updated: 13 August 2022; Ref: scu.396641
The claimant sought review of a decision leading to being held in cells pursuant to a bench warrant. She said that her failure to appear at the hearing she failed to attend was not a hearing to which she had been bailed, and therefore the warrant was unlawful.
Held: The notice was as to her appearance for sentence even though that was not listed. Her appeal failed.
Aikens, Openshaw JJ
[2010] EWHC 112 (Admin)
England and Wales
Updated: 13 August 2022; Ref: scu.396589
[2009] EWHC 481 (QB)
England and Wales
Updated: 13 August 2022; Ref: scu.393022
The applicants had been made subject to non-derogating control orders eventually set aside as unlawful. They now sought compensation.
Silber J
[2010] EWHC 42 (Admin)
England and Wales
Updated: 13 August 2022; Ref: scu.392912
Flaux J
[2010] EWHC 11 (Comm)
Appeal from – Safeway Stores Ltd and Others v Twigger and Others CA 21-Dec-2010
The court was asked whether, when a company had been fined for anti-competitive practices, the company could then recover the penalties from the directors and senior employees involved.
Held: The undertaking was not entitled to recover the . .
Cited – Les Laboratoires Servier and Another v Apotex Inc and Others SC 29-Oct-2014
Ex turpi causa explained
The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 August 2022; Ref: scu.392914
Grant of lease, but property badly contaminated with asbestos.
The Court recognised a principle of ‘contractual estoppel’ – whereby parties can bind themselves by contract to accept a particular state of affairs even if they know that state of affairs to be untrue
[2018] EWCA Civ 1396, [2019] 1 P and CR 6, [2019] 1 WLR 637, [2018] WLR(D) 376, 178 Con LR 35
England and Wales
Cited – Uber Bv and Others v Aslam and Others SC 19-Feb-2021
Smartphone App Contractors did so as Workers
The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 August 2022; Ref: scu.618376
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found some defendants (school management trust) not vicariously liable. The other defendants appealed.
Held: The appeals succeeded. It was fair and just and reasonable for the defendants to share liability.
The law of vicarious liability has been extended (Lord Phillips: ‘The law of vicarious liability is on the move’). Unincorporated associations might now be liable, such liability extended beyond the strict extent of the employee’s duties, and could include illegal activity, and such liability can be shared.
Lord Phillips, Lady Hale, Lord Kerr, Lord Wilson, Lord Carnwath
[2012] UKSC 56, UKSC 2010/0230, [2012] WLR(D) 335, [2013] 1 All ER 670, [2013] IRLR 219, [2013] PIQR P6, [2013] ELR 1, [2012] 3 WLR 1319, [2013] 2 AC 1
Bailii, Bailii Summary, SC, SC Summary
England and Wales
Cited – Donovan v Laing, Wharton and Down Construction Syndicate Ltd CA 1893
The plaintiff was injured by the negligence of a crane driver. The defendants had contracted to lend the crane with its driver to a firm who were loading a ship.
Held: There are circumstances in which vicarious liability for the tortious act . .
Appeal from – JGE v The Portsmouth Roman Catholic Diocesan Trust CA 12-Jul-2012
The claimant suffered physical and serious sexual abuse whilst a child at a children’s home run by the defendant. A parish priest committed some of the abuse, and she claimed that the defendants were vicariously liable. They denied such liability. . .
Cited – Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd HL 1946
Employers Liability for Worker’s Negligence
A worker was injured by a negligently driven crane. The crane and Board’s driver were hired out to stevedores for loading work. The stevedores controlled the crane’s operations, but did not direct how the driver controlled the crane. The hire . .
Cited – Hawley v Luminar Leisure Ltd and others CA 24-Jan-2006
The claimant was assaulted and severely injured at a night club by a doorman supplied to the club by a third party company now in liquidation. He claimed the club was the ‘temporary deemed employer’ of the doorman. He also sought to claim under the . .
Cited – Various Claimants v The Catholic Child Welfare Society and Others CA 26-Oct-2010
Child sexual abuse was alleged by 150 claimants against staff members of a community home with teachers supplied by the defendants. The court had asked whether they had vicarious liability for the acts of their staff, and now whether the board of . .
Cited – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others CA 12-Nov-2008
The defendant contracted to build a plant for the claimant. The plant was damaged by a fire caused by the defendant’s independent sub-contractor. The defendant appealed against the finding that it was responsible for the sub-contractor’s failure. . .
At first instance – JGE v The English Province of Our Lady of Charity and Another QBD 8-Nov-2011
The court was asked as a preliminary issue who should be the defendant where a claim was made of rape and other assaults by a priest who was a member of the diocese of the second defendant, but employed by the first defendant school. . .
Cited – Heaton’s Transport (St Helen’s) Ltd v Transport and General Workers’ Union HL 1972
Injunctions had been granted against the Trades Unions to prevent them undertaking stike action. Proceedings for contempt were brought against the union after blacking had continued, despite the fact that the union through its national and local . .
Cited – Dubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
Cited – Thomas v National Union of Mineworkers (South Wales Area) ChD 1985
Threats made by pickets to those miners who sought to go to work were not an assault because the pickets had no capacity to put into effect their threats of violence whilst they were held back from the vehicles which the working miners were within. . .
Cited – Morris v C W Martin and Sons Ltd CA 1965
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment.
Held: The . .
Cited – Brink’s Global Services Inc and Others v Igrox Ltd and Another CA 27-Oct-2010
There was a sufficiently close connection between an employee’s theft of silver from a customer’s container and the purpose of his employment to make it fair and just that his employer be held vicariously liable for his actions. Moore-Bick LJ said: . .
Cited – Maga v The Trustees of The Birmingham Archdiocese of The Roman Catholic Church CA 16-Mar-2010
The claimant appealed against rejection of his claim for damages after alleging sexual abuse by a catholic priest. The judge had found the church not vicariously liable for the injuries, and that the archdiocese had not been under a duty further to . .
Cited – Bazley v Curry 17-Jun-1999
(Canadian Supreme Court) The court considerd the doctrine of vicarious liability: ‘The policy purposes underlying the imposition of vicarious liability on employers are served only where the wrong is so connected with the employment that it can be . .
Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
Cited – Brown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
Cited – Bernard v The Attorney General of Jamaica PC 7-Oct-2004
PC (Jamaica) The claimant had been queuing for some time to make an overseas phone call at the Post Office. Eventually his turn came, he picked up the phone and dialled. Suddenly a man intervened, announced . .
Cited – A v The Archbishop of Birmingham QBD 30-Jun-2005
Assessment of damages following child abuse by Catholic priest.
Held: General damages of andpound;50,000 were in line with Coxon and were approved. A had not been shown to be, and is not, incapable of managing his affairs. The court differed . .
Cited – Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others CA 10-Oct-2005
Severe flood damage had been caused to a factory, where air-conditioning was being installed, by the negligence of a fitter’s mate; the fitter and his mate had been supplied on a labour only basis by the third defendant to the second defendant to . .
Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
Employer can be liable for Managers Harassment
The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .
Cited – Woodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Cited – Cox v Ministry of Justice CA 19-Feb-2014
Appeal against rejection of claim for personal injury. While working as the catering manager at HM Prison Swansea, the Claimant was injured in an accident caused by the negligence of a prisoner carrying out paid work under her supervision. The . .
Cited – Cox v Ministry of Justice SC 2-Mar-2016
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The . .
Cited – Mohamud v WM Morrison Supermarkets plc SC 2-Mar-2016
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first . .
Cited – NA v Nottinghamshire County Council QBD 2-Dec-2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents.
Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation . .
Cited – NA v Nottinghamshire County Council QBD 2-Dec-2014
The claimant said that as a child the defendant had failed in its duty to protect her from her abusive mother and later from foster parents.
Held: Males J, dealt with the issues of liability and limitation, leaving issues concerning causation . .
Cited – Armes v Nottinghamshire County Council SC 18-Oct-2017
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care . .
Cited – Barclays Bank Plc v Various Claimants SC 1-Apr-2020
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this . .
Applied – Various Claimants v WM Morrisons Supermarket Plc QBD 1-Dec-2017
The defendant employer had had confidential information of many of its staff taken and disclosed by a rogue employee. The employees now sought compensation. The main issue was whether the company was directly or vicariously liable for the tort.
Cited – WM Morrison Supermarkets Plc v Various Claimants SC 1-Apr-2020
A disgruntled senior employee had divulged on the internet personal details of several thousand employees. The claimants alleged that that had been a breach of the 1998 Act, and that the appellants were vicariously liable for that wrong. . .
Cited – Wm Morrison Supermarkets Plc v Various Claimants CA 22-Oct-2018
Co vicariously liable for employee’s data breach
A member of the company’s staff had unlawfully disclosed personal details of many company employees. The data consisted of personal information of the defendant’s employees including their names, addresses, gender, dates of birth, phone numbers, . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 August 2022; Ref: scu.465935
126 claimants alleged sexual assaults by an independently contracted doctor, now deceased, during the course of their employment by the defendant bank. The court now considered whether the bank was vicariously liable for his acts.
Held: It was.
The President of the Queens Bench Division
(Sir Brian Leveson)
Lord Justice Mccombe
And
Lord Justice Irwin
[2018] EWCA Civ 1670, [2018] IRLR 947
England and Wales
Cited – Barclays Bank Plc v Various Claimants SC 1-Apr-2020
The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 August 2022; Ref: scu.619875
A jeweller to whom a chimney sweep had taken a jewel he had found, took the jewel out of the socket and refused to return it. The chimney sweep sued him in trover. On the measure of damages, the court ruled ‘unless the defendant did produce the jewel, and shew it not to be of the finest water, they [the jury] should presume the strongest against him, and make the value of the best jewels the measure of their damages:’ and ‘That the finder of a jewel, though he does not by such finding acquire an absolute property or ownership, yet he has such a property as will enable him to keep it against all but the rightful owner, and consequently may maintain trover?’ The court applied the maxim ‘maxim omnia praesumuntur contra spoliatorem’ All things are assumed against the interests of a spoliator.
If the negligence of the defendant has led to evidence being unavailable which might otherwise have assisted the victim of that negligence, he should not have the benefit of any consequent doubt.
Pratt CJ
(1722) 1 Stra 505, [1722] EWHC KB J94, [1722] 93 ER 664
England and Wales
Cited – Allen v Sir Alfred McAlpine and Sons Ltd CA 1968
The court described the peculiarly difficult position of a solicitor sued for the negligence of losing litigation for his client by reason of having his client’s claim struck out: ‘It is true that if the action for professional negligence were . .
Cited – Malhotra v Dhawan CA 26-Feb-1997
There had been litigation as to the payment due on fees earned during the partnership. One party had destroyed the evidence which would have settled many issues. The court discussed the principle that it should presume all against a destroyer of . .
Cited – Gray v Haig and Son 1855
Gray was the agent for Haig and Son, selling whisky on commission. On the termination of the agency a dispute arose as to the amount of the commission due and an account was ordered. Gray had destroyed his books, which were essential to the taking . .
Cited – Parker v BA Board 1982
The rights and obligations of a finder were considered. The court explained the balancing exercise required of the law when deciding to whom property should be returned and how the balance should be struck: ‘The rule as stated by Pratt CJ must be . .
Cited – Dixon v Clement Jones Solicitors (A Firm) CA 8-Jul-2004
The defendant firm had negligently allowed a claim for damages against a firm of accountants to become statute barred. The defendants said the claim was of no or little value, since the claimant would have proceeded anyway.
Held: The court had . .
Cited – Dobson and Dobson v North Tyneside Health Authority and Newcastle Health Authority CA 26-Jun-1996
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being retained instead for medical research. They now . .
Cited – Pritchard Joyce and Hinds v Batcup and Another QBD 17-Jan-2008
The claimant solicitors sought contributions from counsel to the damages they had been obliged to pay to their client in negligence.
Held: Underhill J said: ‘My task is not to seek to decide definitively whether LL were liable in negligence to . .
Cited – Mount v Baker Austin CA 18-Feb-1998
The Defendant solicitors had allowed the Plaintiff’s claim to be struck out for want of prosecution. The court considered how to calculate the value of the loss of the chance of pursuing the claim: ‘1. The legal burden lies on the plaintiff to prove . .
Cited – Zabihi v Janzemini and Others CA 30-Jul-2009
The claimant said that he had left valuable jewelry with the defendant for sale. The defendant said at first they had been stolen, but then returned jewelry which the claimant denied was what had been left. The defendant appealed a finding that he . .
Cited – Channon (T/A Channon and Co) v Ward QBD 12-May-2015
The claimant had lost significant sums through his accountancy practice, but now claimed that his insurance broker, the defendant had negligently failed to renew his professional indemnity policies, even though he had supplied policy numbers to the . .
Cited – Wright v McCormack QBD 1-Aug-2022
Claimants falsehood reduced award to nominal only.
The parties disputed the original authorship of bitcoin, the claimant saying he was ‘Satoshi’ that originator. The defendant published a series of tweets denying that connection.
Held: One particular publication was to be read as part of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 August 2022; Ref: scu.190236
The defendant shot and killed the plaintiff’s dog. The plaintiff claimed damages for trespass to property, the property being the dog. The defence was that the defendant was justified in killing the dog because it was threatening his sheep.
Held: The principle enunciated in Cope was of general application to all justifications for all acts of trespass.
Scott LJ
[1948] 1 KB 241
England and Wales
Explained – Cope v Sharpe (No 2) CA 1912
The court considered defences to assault; whether the defendant was justified in doing certain acts of trespass on the plaintiff’s land for the purpose of preventing heath fire and consequent loss and damage to the property of the defendant’s . .
Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 July 2022; Ref: scu.244748
The court considered defences to assault; whether the defendant was justified in doing certain acts of trespass on the plaintiff’s land for the purpose of preventing heath fire and consequent loss and damage to the property of the defendant’s master.
Held: The defendant had made out his plea of justification. The principle was ‘one of general application to justification for acts of trespass. Chasing by dogs which caused a real and present danger of serious harm to the plaintiffs animals chased constitutes an ‘attack’ entitling the owner to take effective action of prevention. The onus of proof is on the defendant to justify the preventive measure of shooting the attacking dogs. He has, by proof, to establish two propositions, but each proposition may be established in either of two ways: Proposition No 1: That at the time of shooting, the dog was either (a) actually (in the above sense) attacking the animals in question, or (b) if left at large would renew the attack so that the animals would be left presently subject to real and imminent danger unless renewal was prevented. Proposition No 2: That either (a) there was in fact no practicable means, other than shooting, of stopping the present attack or preventing such renewal, or (b) that the defendant, having regard to all the circumstances in which he found himself, acted reasonably in regarding the shooting as necessary for the protection of the animals against attack or renewed attack. (As summarised by Scott LJ n Cresswell v Sirl)
Buckley LJ: ‘They (the jury) found that the defendant’s acts were not in fact (i.e., in the result), but were in reason, necessary. I decline to go back upon the evidence. The jury have in my opinion by their findings affirmed the propositions which I have stated.
In this state of facts the question is whether, as matter of law, the defendant has justified that which in the absence of sufficient justification would be a trespass. I notice that Hamilton J. says that in his view the finding of the jury that the method adopted by the defendant was not in fact necessary is conclusive of the case. I do not agree. The test is not whether, if the defendant had not done those acts, the danger would in fact have resulted in injury. Neither is it whether the defendant believed that it would have resulted in injury. The test, I think, is whether, having regard to the rights of the sporting lessee, there was such real and imminent danger to his property as that he was entitled to act and whether his acts were reasonably necessary in the sense of acts which a reasonable man would properly do to meet a real danger.’
Kennedy LJ: ‘With parts of the judgments pronounced in the Divisional Court I agree. I agree in holding that an interference with the property or the person of another, which otherwise would certainly constitute an actionable trespass, cannot be justified by mere proof on the part of the alleged trespasser of his good intention and of his belief in the existence of a danger which he sought by his act of interference to avert, but which in fact did not exist at all.’
Buckley LJ, Vaughan-Williams LJ
[1912] 1 KB 496
England and Wales
Explained – Cresswell v Sirl CA 1948
The defendant shot and killed the plaintiff’s dog. The plaintiff claimed damages for trespass to property, the property being the dog. The defence was that the defendant was justified in killing the dog because it was threatening his sheep.
Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
Lists of cited by and citing cases may be incomplete.
Updated: 31 July 2022; Ref: scu.244749
The parties disputed the effect of an agreement providing for commission on introduction of purchasers for a property. The client alleged fraudulent misrepresentation.
Arden, Toulson, Goldring LJJ
[2009] EWCA Civ 586
England and Wales
Updated: 28 July 2022; Ref: scu.347057
The wrong of the servant or agent for which the master or principal is liable is one committed in the case of a servant in the course of his employment, and in the case of an agent in the course of his authority. It is fundamental to the whole approach to vicarious liability that an employer or principal should not be liable for acts of the servant or agent which are not performed within this limitation. The case asks whether, in a joint tort, it is sufficient to make the master liable if the acts of his servant for which he is responsible, do not in themselves amount to a tort but only amount to a tort when linked to other acts which were not performed in the course of the employee’s employment. An employer’s responsibility for his employees acts does not extend to acts which were of themselves within his employment but lawful even if those acts were associated with the unlawful acts of a third party.
Lord Slynn of Hadley, Lord Woolf, Lord Steyn, Lord Clyde, Lord Millett
Gazette 10-Mar-1999, Times 19-Feb-1999, [1999] UKHL 9, [2000] 1 AC 486, [1999] 1 All ER 929, [1999] 2 WLR 540
England and Wales
Appeal from – Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department CA 23-Jul-1997
The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it.
Held: Where A becomes . .
Cited – Lloyd v Grace, Smith and Co HL 1912
Mrs Lloyd delivered the title deeds of her cottages at Ellesmere Port to the solicitors’ managing clerk, who defrauded her.
Held: Vicarious liability can extend to fraudulent acts or omissions if those were carried out in the course of the . .
Cited – Lumley v Gye 1853
Inducing breach of contract is a Tort
An opera singer (Miss Wagner) and the defendant theatre owner were joint wrongdoers. They had a common design that the opera singer should break her contract with the plaintiff theatre owner, refuse to sing in the plaintiff’s theatre and instead . .
Cited – McGowan and Co v Dyer 1873
Story on Agency states the general rule that the principal is liable to third persons in a civil suit ‘for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances or misfeasances, and omissions of duty of . .
Cited – Lloyd v Grace, Smith and Co HL 1912
Mrs Lloyd delivered the title deeds of her cottages at Ellesmere Port to the solicitors’ managing clerk, who defrauded her.
Held: Vicarious liability can extend to fraudulent acts or omissions if those were carried out in the course of the . .
Cited – Smith v Pywell 29-Apr-1959
There is no separate tort of procuring a third person to commit a tort, but the procurer was a joint tortfeasor with the person who actually committed it. . .
Cited – John Hudson v Oaten CA 19-Jun-1980
The plaintiff sought to avoid the 1828 Act (Lord Tenterden’s Act). Lakeview, had agreed to buy a substantial quantity of oil from them but was never in a position to do so. The plaintiffs sought their loss from the defendant, Mr. Oaten, and not . .
Cited – The Koursk CA 1924
The navigators of two ships had committed two separate torts or one tort in which they were both tortfeasors.
Held: Three situations were identified where A might be jointly liable with B for B’s tortious act. Where A was master and B servant; . .
Cited – Amstrad Consumer Electronics Plc v British Phonographic Industry Limited CA 29-Oct-1985
Amstrad sought a declaration that their retailing of equipment with two cassette decks was not unlawful. A declaration was not granted because Amstrad might be guilty of a criminal offence. However in the absence of any evidence that Amstrad was . .
Cited – CBS Songs Ltd v Amstrad Consumer Electronics Plc HL 12-May-1988
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users.
Held: Amstrad could only . .
Cited – Dubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2022; Ref: scu.80794
Allegation of fraudulent misrepresentation
[2009] EWCA Civ 455
England and Wales
Updated: 26 July 2022; Ref: scu.346213
Claims for damages arising from failures in oil pipeline management in Nigeria.
[2017] EWHC 89 (TCC)
England and Wales
At FTT – Ogale Community and Others v Royal Dutch Shell Plc and Another CA 14-Feb-2018
The claimants sought damages after widescale historic damage to areas of Nigeria by subsidiaries of the defendant. The defendant said that the court did not have jurisdiction to hear such a claim.
Held: The claimants had not established the . .
At FTT – Okpabi and Others v Royal Dutch Shell Plc and Another SC 12-Feb-2021
. .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2022; Ref: scu.573402
The right to sue in conversion at common law is available to a person who is entitled at the time of the conversion to the immediate possession of the goods.
Slade J discussed the applicability of the law of renvoi in an international dispute about the ownership of goods.
Slade J
[1980] Ch 496
England and Wales
Cited – Iran v Berend QBD 1-Feb-2007
The Republic of Iran sought the return of a fragment of ancient Achaemenid relief in the possession of the defendant, saying that it was part of an ancient monument. The defendant said that she had bought it properly at an auction in Paris. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2022; Ref: scu.442756
W, a child of 14 sought judicial review of an order to remove persons under the age of 16 from dispersal areas in Richmond.
Held: The issue was whether the power given to police to remove youths was permissive or coercive. The power given ‘is exercisable whenever a person who is believed on reasonable grounds to be under 16 years of age is found between the hours of 9pm and 6am in a dispersal area and the criteria set out in s 30(6)(b) are fulfilled. There is no need for the constable (or CSO) to be satisfied that the child would otherwise be likely to suffer significant harm. ‘ The power given to the police is a power to take them home. ‘Section 30(6) merely confers on the police a very welcome express power to use police resources to take such a person home if he is willing to be taken home. ‘ That power does not include a power to remove a child without his consent. A power to do what would otherwise be tortious behaviour would require clear words, which had not been used.
Brooke LJ, Mitting J
Times 21-Jul-2005, [2005] 1 WLR 3706, [2005] EWHC 1586 (Admin), [2005] 3 All ER 749
Anti-Social Behaviour Act 2003 30 31, Children Act 1989 46
England and Wales
Cited – Morris v Beardmore HL 1981
Parliament does not intend to authorise tortious conduct except by express provision. It is not for the courts to alter the balance between individual rights and the powers of public officials. The right of privacy is fundamental.
Lord Scarman . .
Cited – Regina v Special Commissioner And Another, ex parte Morgan Grenfell and Co Ltd HL 16-May-2002
The inspector issued a notice requiring production of certain documents. The respondents refused to produce them, saying that they were protected by legal professional privilege.
Held: Legal professional privilege is a fundamental part of . .
Cited – B (A Minor) v Director of Public Prosecutions HL 23-Feb-2000
Prosecution to prove absence of genuine belief
To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must . .
See Also – W, Regina (on the Application Of) v Commissioner of Police for the Metropolis and others Admn 20-Jul-2005
. .
Cited – Singh and others v Chief Constable of West Midlands Police QBD 4-Nov-2005
A play was presented which was seen by many Sikhs as offensive. Protesters were eventually ordered to disperse under s30 of the 2003 Act. The defendants appealed their convictions for having breached that order, saying that it interfered with their . .
Appeal from – Regina (W) v Commissioner of Police of the Metropolis and Another CA 11-May-2006
The Commissioner appealed against a declaration that an authorisation given for creation of a dispersal area was unlawful.
Held: The proceedings appeared at first to be merely hypothetical, but the issue as to whether a police officer had use . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 July 2022; Ref: scu.228925
Claim by company in administration against former directors for excess payments alleged to have been taken by them. There was now alleged a wilful failure to comply wih court orders for disclosure..
Held: Once non-compliance with an unless order was established, what is required in order to grant relief from sanctions is a material change in circumstances: ‘to relieve someone against such a default was sending ‘entirely the wrong message to those who face allegations of fraud’, and ‘In a case of deliberate and persistent non-compliance with orders to provide information and deliver documents made in order to safeguard proprietary claims, a proper administration of justice requires that, save in very exceptional circumstances, sanctions imposed should take effect. There were no exceptional circumstances in the present case.’
Waller LJ VP, Thomas LJ, Sir John Chadwick
[2009] EWCA Civ 19, [2009] CP Rep 22
England and Wales
Applied – Thevarajah v Riordan and Others ChD 9-Aug-2013
The court was asked first whether the defendants had complied with an unless order made with respect to the disclosure of information required to be provided in aid and in order to ensure the proper release of a freezing order which had previously . .
Cited – Thevarajah v Riordan and Others ChD 10-Oct-2013
The court allowed the application of the first, second and fourth respondents for relief from sanction under CPR 3.9. . .
Cited – Thevarajah v Riordan and Others CA 16-Jan-2014
Defendants appealed against an order allowing the application of the first, second and fourth respondents for relief from sanction under CPR 3.9. The relief sought had previously been refused by Hildyard J, so this was the respondents’ second . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 July 2022; Ref: scu.280416
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Held: Organ removal when a post mortem had been ordered by the coroner was not tortious. In English law there is no known case involving the tort of wrongful interference with a body, and that claim failed.
As to negligence, though the primary doctor-patient relationship was with the child, ‘taking consent for a post-mortem was not just an administrative matter bringing a doctor into contact with a mother. It was . . part of the continuing duty of care owed by the clinicians to the mother following the death of a child.’
The Honourable Mr Justice Gage
[2004] EWHC 644 (QB), Times 12-Apr-2004, (2004) 77 BMLR 145, [2004] 2 FLR 365, [2004] 3 FCR 324, [2004] Fam Law 501, [2005] 2 WLR 358, [2005] Lloyd’s Rep Med 1, [2005] QB 50
Registration of Births and Deaths Regulations 1987 41(1), Coroners Act 1988 8(1)(b), Human Tissue Act 1961
England and Wales
Cited – MacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
Cited – Regina v Kelly 1999
Robbers who stole and sold preserved specimens from the Royal College of Surgeons’ collection were held rightly convicted of theft. The court considered the issue of ownership of a corpse: ‘We accept that however questionable the historical origins . .
Cited – Regina v Sharpe CCCR 1857
The defendant was charged not with theft of a corpse, but of its removal from a grave: ‘Our law recognises no property in a corpse, and the protection of the grave at common law as contradistinguished from ecclesiastic protection to consecrated . .
Cited – Dobson and Dobson v North Tyneside Health Authority and Newcastle Health Authority CA 26-Jun-1996
A post mortem had been carried out by the defendants. The claimants, her grandmother and child sought damages after it was discovered that not all body parts had been returned for burial, some being retained instead for medical research. They now . .
Cited – Pollok v Workman 1900
A widow sought damages for an unauthorised post mortem carried out on her husband. The act was alleged to have been criminal and in the nature of an action of assythment.
Held: The case was competent, but was dismissed for other reasons. . .
Cited – Regina v Vann 1851
A parent of a child who had not the means of providing for the burial of the body of his deceased child was not liable to be indicted for the misdemeanour of not providing for its burial, even though a nuisance was occasioned by the body remaining . .
Cited – Regina v Feist 1858
A master of a workhouse may have legal possssion of a body before burial, and therefore a duty to provide for its burial. . .
Cited – Regina v Gwynedd County Council ex parte B and Another 1992
The ambit of the 1980 act does not extend to regulating events arising after a child’s death. . .
Cited – Clarke v London General Omnibus Co Ltd 1906
The parent of an infant child who dies where the parent has the means to do so, has a responsibility to arrange and pay for the burial. . .
Cited – Hughes v Robertson 1930
The widow sought damages for an unauthorised autopsy carried out upon the body of her late husband. . .
Cited – Doodeward v Spence 1908
(High Court of Australia) The police seized from an exhibitor the body of a two headed still born baby which had been preserved in a bottle.
Held: An order was made for its return: ‘If, then, there can, under some circumstances, be a continued . .
Cited – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – Edmunds v Armstrong Funeral Home Ltd 1931
(Canada – Court of Appeal of the Alberta Supreme Court) A widower claimed damages for the unlawful carrying out of an autopsy on the body of the claimant’s deceased wife. The claim was dismissed by the judge at first instance on the ground that it . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Powell and Another v Boldaz and others CA 1-Jul-1997
The plaintiff’s son aged 10 died of Addison’s Disease which had not been diagnosed. An action against the Health Authority was settled. The parents then brought an action against 5 doctors in their local GP Practice in relation to matters that had . .
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 House of Lords has taught us to use’, namely: ‘. . the ‘purpose’ test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the ‘assumption . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
Cited – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Cited – Page v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
Cited – Bourhill v Young’s Executor HL 5-Aug-1942
When considering claims for damages for shock, the court only recognised the action lying where the injury by shock was sustained ‘through the medium of the eye or the ear without direct contact.’ Wright L said: ‘No doubt, it has long ago been . .
Cited – Hucks v Cole CA 1968
(Reported 1993) A doctor failed to treat with penicillin a patient, the plaintiff, in a maternity ward. She was suffering from septic spots on her skin though he knew them to contain organisms capable of leading to puerperal fever. Several . .
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .
Cited – W v Essex County Council and Another HL 17-Mar-2000
A foster child was placed with a family. The child had a history of abusing other children, but the foster parents, who had other children were not told. The foster child caused psychiatric damage to the carers.
Held: It was wrong to strike . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Cited – A B and others v Tameside and Glossop Health Authority and Trafford Health Authority CA 13-Nov-1996
The choice of the telephone as a means of alerting and re-assuring people, who had received treatment from a health worker later found to be HIV+, was proper. The was no breach of a duty care, even though some people called had suffered distress: . .
Cited – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Walker v Northumberland County Council QBD 16-Nov-1994
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.194994
Action directed against the Superintendent of the Central Division of the Glasgow Police for an alleged assault, and the question is whether a relevant case has been stated.
Lord M’Laren
[1901] ScotCS CSIH – 1, (1901) 4 F 220, (1901) 9 SLT 269, [1901] SLR 39 – 148
Scotland
Updated: 21 July 2022; Ref: scu.279256
Sedley LJ, Arden LJ, Moore-Bick LJ
[2008] EWCA Civ 1446
England and Wales
Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.278818
The claimant sought damages alleging his malicious prosecution by the defendant and misfeasance in public office.
Cranston J
[2008] EWHC 3154 (QB)
England and Wales
Updated: 21 July 2022; Ref: scu.279947
Cjristopher Clarke J
[2008] EWHC 2614 (Ch)
England and Wales
Updated: 19 July 2022; Ref: scu.277336
The claimant was held by the US. He claimed he had been tortured by them, and sought release of dicuments which allow him to present his case. The respondent sought to prevent disclosure using Public Interest Immunity (PII) certificates.
Held: The claimant had been taken unlawfully. The documents were essential to him in defending himself before the US convening commission. There was no good reason why the documents were not made available to the claimant by the US. The US now produced statements made by the defendant after being held for two years incommunicado by them and produced only after alleged torture. The senior US prosecutor had resigned because he had not been allowed to disclose exculpatory material, including sleep deprivation treatment. The US had then discharged all charges against the claimant. There remained however serious allegations of misconduct against a friendly power. The matter should be adjourned pending a further hearing. Despite promises that only certain information would be redacted, heavy unexplained redactions remained.
Thomas LJ, Lloyd Jones J
[2008] EWHC 2519 (Admin)
England and Wales
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1) Admn 21-Aug-2008
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) Admn 29-Aug-2008
The claimant sought release of documents so that he could defend himself in a tribunal in the US. He said the documents would support his assertion that he had been subject to extraordinary rendition and had ‘disappeared’ for two years. Redactions . .
Cited – Rustenberg Platinum Mines v Pan American Airways 1977
A party should be given advance notice of an intention to make serious allegations of wilful misconduct. . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
See Also – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 5) Admn 16-Oct-2009
The claimant sought to assert that he had been tortured whilst held by the US Authorities. He sought publication of an unredacted report supplied by the US security services to the respondent. The respondent argued that the full publication was . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (60 Admn 19-Nov-2009
The respondent had over time refused to allow publication of parts of a document disclosed to him by US security services. The court had previously delivered redacted judgments, and now asked whether and to what extent the redacted parts should be . .
See Also – Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 10-Feb-2010
The claimant had sought discovery and publication of materials supplied to the defendant by US security services which, he said, would support his allegations that he had been tortured by the US and that this had been known to the defendant.
See Also – Binyan Mohamed, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 26-Feb-2010
The claimant had sought public disclosure of documents supplied to the defendant by US security services which might support his claim that he had been tortured by the US, and that the defendant knew of it. The draft judgment was to be handed down . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.277295
Application for an order of habeas corpus ad subjiciendum
[2008] EWHC 2360 (Admin)
England and Wales
Updated: 19 July 2022; Ref: scu.276980
The defendant pleaded in answer to a charge of assault that he was being disturbed in his possession of land.
Held: It was not suficient to sustan the plea by proof that the defendant was a lodger occupying only one room in a house of which the landlord retained the key to the outside door. Lord Abinger: ‘a room within a house may be a dwelling-house or it may not.’ Parke B said that the term domus mansionalis in law refers ‘to a chamber under certain circumstances, viz when a house is divided into several chambers, with separate outer doors.’
Parke, B, Lord Abinger
(1839) 4 M and W 569, [1839] EngR 169, (1839) 4 M and W 567, (1839) 150 ER 1546
England and Wales
Cited – Uratemp Ventures Limited v Collins HL 11-Oct-2001
Can a single room within a hotel comprise a separate dwelling within the 1988 Act and be subject to an assured tenancy?
Held: A single room can be a dwelling. Each case must be interpreted in its own light as a question of fact, but respecting . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.183437
Applications arising from disclosure of documents
Patten J
[2008] EWHC 1784 (Ch)
England and Wales
Cited – Omar’s Trustees v Omar ChD 2000
A wife and mistress (D) had conspired, after the death of the husband, to remove money in bank accounts from his estate by taking the bearer shares in the company in whose name the accounts were held. The first action, in which D was legally . .
Appeal from – Dadourian Group International Inc and others v Simms and others CA 13-Mar-2009
Arden LJ summarised the approach to be taken by a court faced with an allegation of fraud: ‘Their Lordships affirmed the decision in Re H and provided an explanation of what Lord Nicholls’ judgment meant. Baroness Hale (with whom the other Law Lords . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.271298
David Richards J
[2008] EWHC 538 (Ch)
England and Wales
Appeal from – Hurndell v Hozier and Another CA 12-Feb-2009
A company sought a public listing, but too many shares were held in private hands. Shares were to be transferred by the claimant, but he now denied having signed any transfer. He now appealed against rejection of his claim saying that the judge had . .
See Also – Hurndell v Hurndell and Others ChD 17-Dec-2010
. .
See Also – Hurndell v Hozier and Others ChD 18-Feb-2011
. .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.270952
The court was asked whether, for the purposes of establishing a company’s liability under the knowing receipt head of constructive trust, the knowledge of one of its directors can be treated as having been the knowledge of the company.
Held: The company was fixed with the knowledge of its part-time chairman and a non-executive director, because he had acted as its directing mind and will for the particular purpose of arranging its receipt of the tainted funds. It was sufficient that the director had management and control so far as the receipt of the fraud was concerned, having made arrangements for the receipt and disposal of the money, even though he had no general managerial responsibility in the company.
Hoffmann LJ set out the ingredients of knowing receipt: ‘For this purpose the plaintiff must show, first a disposal of his assets in breach of fiduciary duty; secondly, the beneficial receipt by the defendant of assets which are traceable as representing the assets of the plaintiff; and thirdly, knowledge on the part of the defendant that the assets are traceable to a breach of fiduciary duty.’
When asking who was the controlling mind of a company, the relevant test is to find the person who had management and control in relation to the act or omission in point. The formal position or status as a director is relevant but not decisive. A ‘pragmatic’ approach is necessary: ‘Decided cases show that, in regard to the requisite status and authority, the formal position, as regulated by the company’s articles of association, service contracts and so forth, though highly relevant, may not be decisive. Here Millett J adopted a pragmatic approach. In my view he was right to do so, although it has led me, with diffidence, to a conclusion different from his own’ and ‘ . . different persons may for different purposes satisfy the requirements of being the company’s directing mind and will. ‘ The court considered the ingredients of the tort of ‘knowing receipt’: ‘For this purpose the plaintiff must show, first, a disposal of his assets in breach of fiduciary duty; secondly, the beneficial receipt by the defendant of assets which are traceable as representing the assets of the plaintiff; and thirdly, knowledge on the part of the defendant that the assets he received are traceable to a breach of fiduciary duty.’ (Hoffmann LJ)
Nourse LJ said: ‘The doctrine attributes to the company the mind and will of the natural person or persons who manage and control its actions. At that point, in the words of Millett J ([1993] 3 ALL ER 717 at 740): ‘Their minds are its mind; their intention its intention; their knowledge its knowledge.’ It is important to emphasise that management and control is not something to be considered generally or in the round. It is necessary to identify the natural person or persons having management and control in relation to the act or omission in point. This was well put by Eveleigh J in . . R v Andrews Weatherfoil Ltd . .
Decided cases show that, in regard to the requisite status and authority, the formal position, as regulated by the company’s articles of association, service contracts and so forth, though highly relevant, may not be decisive. Here Millett J adopted a pragmatic approach. In my view he was right to do so, although it has led me, with diffidence, to a conclusion different from his own.’
Nourse, Rose, Hoffmann LJJ
Times 03-Jan-1994, [1994] 2 All ER 685, [1993] EWCA Civ 4, [1994] BCC 143, [1994] 1 BCLC 464
England and Wales
Appeal from – El Ajou v Dollar Land Holdings Plc and Another ChD 3-Jan-1993
A non active director may still be company’s ‘directing mind’. The doctrine of attributing the actions of individuals to a company is that ‘Their minds are its mind; their intention its intention; their knowledge its knowledge.’
Tracing was no . .
Cited – Lennard’s Carrying Company Limited v Asiatic Petroleum Company Limited HL 1915
The House was asked as to when the acts of an individual became those of his employer under section 502 (‘any loss or damage happening without (the ship owner’s) actual fault or privity’).
Held: Viscount Haldane LC said: ‘It must be upon the . .
Cited – Regina v Andrews-Weatherfoil Ltd CACD 1972
For so long as it is possible for persons concerned in a single offence to be tried separately, it is inevitable that the verdicts returned by the two juries will on occasion appear to be inconsistent with one another. Eveleigh J: ‘It is necessary . .
Applied – Bank of Credit and Commerce International (Overseas) Ltd and Another v Akindele CA 22-Jun-2000
The test of whether a person who received funds held them on constructive trust, was not whether he himself was dishonest, but rather whether he had knowledge of circumstances which made it unconscionable to hold on to the money received. In respect . .
Cited – Crown Dilmun, Dilmun Investments Limited v Nicholas Sutton, Fulham River Projects Limited ChD 23-Jan-2004
There was a contract for the sale of Craven Cottage football stadium, conditional upon the grant of non-onerous planning permissions. It was claimed that the contract had been obtained by the defendant employee in breach of his fiduciary duties to . .
Cited – Mahonia Limited v JP Morgan Chase Bankwest Lb Ag QBD 3-Aug-2004
The Claimant claimed on a letter of credit issued by the Defendant on behalf of Enron Ltd, who asserted it was not liable to pay there having been unlawful behaviour by Enron Ltd. Swap agreements had been entered into, and the defendant said the . .
Cited – Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd CA 30-Sep-2004
The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company.
Held: A company . .
See Also – El Ajou v Dollar Land Holdings Plc ChD 1995
The tracing of assets into the hands of a third party depends upon a notional charge. There are no inflexible rules. The essential elements of ‘knowing receipt’ are: ‘For this purpose the plaintiff must show, first, a disposal of his assets in . .
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Cited – KR and others v Royal and Sun Alliance Plc CA 3-Nov-2006
The insurer appealed findings of liability under the 1930 Act. Claims had been made for damages for child abuse in a residential home, whom they insured. The home had become insolvent, and the claimants had pursued the insurer.
Held: The . .
Cited – Charter Plc and Another v City Index Ltd and others ChD 12-Oct-2006
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. . .
Cited – Jetivia Sa and Another v Bilta (UK) Ltd and Others SC 22-Apr-2015
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.262615
The Claimant, Mrs X, sought damages for personal injury and other losses arising out of a sexual assault (including rape), on 17th July 2010 during a 14 day all-inclusive package holiday which the Claimant had purchased from the Defendant, Kuoni Travel Ltd, which included accommodation at the [A] Hotel in Sri Lanka.
Held: ‘holiday arrangements’ in clause 5.10(b) of the regulations did not include a member of the maintenance staff conducting a guest to reception. Obiter, Kuoni would in any event have been able to rely on the statutory defence under regulation 15(2)(c)(ii) because the assault was an event which could not have been foreseen or forestalled (by inference by the hotel) even with all due care, and the hotel would not have been vicariously liable for the rape and assault as a matter of Sri Lankan law, which it was agreed was the same as English law for these purposes.
McKenna HHJ
[2016] EWHC 3090 (QB)
England and Wales
Appeal from – X v Kuoni Travel Ltd CA 26-Apr-2018
The claimant sought damages after being sexually assaulted by a hotel worker on her holiday in Sri Lanka. She said that the incident was an improper performance of the contract and in breach of the 1992 Regulations. She appealed from rejection of . .
At first instance – X v Kuoni Travel Ltd SC 24-Jul-2019
The claimant had been raped by a member of staff at the hotel in Sri Lanka booked through the respondent travel company. She now appealed from dismissal of the claim.
Held: Questions were referred to the ECJ, namely: ‘(1) Where there has been . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.572341
Mitting J
[2008] EWHC 1460 (Admin)
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.270604
The authority appealed an order that the claimants could proceed with claims for damages for child abuse said to have been suffered in care in 1970.
May LJ, Keene LJ, Smith LJ
[2008] EWCA Civ 783
England and Wales
Updated: 17 July 2022; Ref: scu.270575
Land had been sold by administrative receivers appointed under a charge. The owner said that the lands had been sold at an undervalue.
Held: The action failed. The claimant could not show any breach of duty or that the assessments made were not reasonable. ‘It is now clearly established that a receiver appointed by a mortgagee to sell mortgaged property in order to recover or reduce the mortgage debt is effectively in the same position as the mortgagee and owes a duty in equity to all those interested in the equity of redemption to obtain a proper price for the property. He is not however a trustee of his power of sale for the mortgagor and accordingly can choose the time of sale even if that turns out to be disadvantageous to the debtor who could have recovered more had the property been sold later. ‘
Patten J
[2008] EWHC 1273 (Ch)
England and Wales
Cited – Raja v Austin Gray (A Firm) CA 19-Dec-2002
A mortgagee is at all times free to consult his own interests alone as to whether and when to exercise his power of sale. The relationship and duties owed by the receiver are equitable only. Peter Gibson LJ said: ‘(1) A mortgagee with the power of . .
Cited – Cuckmere Brick Co Ltd v Mutual Finance Ltd CA 1971
A mortgagee selling as mortagee in possession must ‘take reasonable care to obtain the true value of the property at the moment he chooses to sell it’ and obtain the best price for the property reasonably obtainable on the open market. However, . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.269727
Toulmin CMG QC J
[2006] EWHC 126 (TCC)
Protection from Harassment Act 1997
England and Wales
Updated: 14 July 2022; Ref: scu.266692
Peter Coulson QC J
[2008] EWHC 168 (TCC), [2008] Env LR 37
England and Wales
Cited – Martin v David Wilson Homes Ltd CA 28-Jun-2004
The court considered the construction of a restrictive covenant, and was asked whether an indefinite article ‘a private dwellinghouse’ was to be construed as a limitation of number or whether it was to be construed as being as to the manner of use. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.265935
Liability based on knowing receipt did not ‘depend on the commission of any wrong or give rise to any obligation to make good any loss other than by way of restitution.’
Mance J
Unreported, 24 June 1999
England and Wales
Cited – Charter Plc and Another v City Index Ltd and others ChD 12-Oct-2006
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.247621
The claimant operated an internet based game on which participants could win money. The defendant operated a web-site selling software which could operate the game automatically, and increase winnings. The claimant alleged that the defendant broke the terms of his contract with the claimant and encouraged others to do similarly.
[2006] EWHC 1551 (Ch)
England and Wales
Updated: 12 July 2022; Ref: scu.263671
An employer is vicariously liable for employees’ torts committed in the course of employment, in spite of prohibitions dealing with conduct within its course. The defendants were held liable for the negligence of their servant whilst driving, even though the servant, a garage hand had no driving licence and had been expressly prohibited from driving.
Sir Raymond Evershed MR, Birkett, Romer LJJ
[1953] EWCA Civ 3, [1953] 1 WLR 997, [1953] 2 All ER 582
England and Wales
Updated: 12 July 2022; Ref: scu.262852
The defendant was a director of a company. He signed a letter for the company promising to pay for goods ordered. The representation was found to have been made fraudulently because he knew the company was insolvent, and unable to pay. He now appealed a finding that he was personally responsible.
Held: The director’s appeal failed. The signature of the defendant on its own was sufficient. Lord Tenterden’s Act, the 1828 Act was ‘concerned with proving by evidence the existence of a representation. It was not concerned with excusing fraudulent behaviour or with differentiating between capacities in which persons put their names to documents. Having regard to the mischief at which the Act was aimed, I can see no reason why, if a document contains a fraudulent representation being made by a director for which that director would otherwise be held personally liable, his signature on the document will not suffice to comply with Lord Tenterden’s Act. ‘ The Act was not to be used to evade proper liability.
Waller LJ VP, Rix LJ, Keene LJ
[2007] EWCA Civ 1201, Times 08-Jan-2008, [2008] BCC 301, [2007] All ER (D) 293 (Nov)
Statute of Frauds (Amendment) Act 1828
England and Wales
Appeal from – Drouzhba v Wiseman and Another QBD 3-Nov-2006
. .
Cited – Standard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4) HL 6-Nov-2002
Fraudulent Misrepresentation by Company Director
Fraudulent bills of lading had been issued in order to rely upon letters of credit issued by the bank. The director signing the bills sought to avoid personal liability, saying it was the Act of the company. The defendant company also appealed on . .
Cited – Lyde v Barnard CExC 1836
Cited – John Hudson v Oaten CA 19-Jun-1980
The plaintiff sought to avoid the 1828 Act (Lord Tenterden’s Act). Lakeview, had agreed to buy a substantial quantity of oil from them but was never in a position to do so. The plaintiffs sought their loss from the defendant, Mr. Oaten, and not . .
Cited – Lindsay v O’Loughnane QBD 18-Mar-2010
The claimant had purchased Euros through a foreign exchange dealer. The dealer company became insolvent, causing losses to the claimant, who sought to recover from the company’s managing director, the defendant, saying that he was aware of the . .
Cited – Lindsay v O’Loughnane QBD 18-Mar-2010
The claimant had purchased Euros through a foreign exchange dealer. The dealer company became insolvent, causing losses to the claimant, who sought to recover from the company’s managing director, the defendant, saying that he was aware of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 July 2022; Ref: scu.261451
[2007] EWHC 91 (QB)
England and Wales
Updated: 11 July 2022; Ref: scu.254571
Claim for misreprsentation by defendant estate agent on sale of properties in Spain.
[2007] EWCA Civ 518
England and Wales
Updated: 11 July 2022; Ref: scu.253265
Allegations were made of different varieties of fraud. Applications were made for freezing orders.
David Steel J
[2007] EWHC 1217 (Comm)
England and Wales
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited – The Niedersachsen ChD 1983
In order to obtain, or to enlarge a freezing order, the applicant must show that in considering the evidence as a whole he has, at a minimum, a ‘good arguable case’, and also the existence of a real risk of dissipation or secretion of assets. . .
Cited – Re Lord Cable 1976
Slade J said: ‘I add one further observation in relation to the evidentiary position. American Cyanamid Co. v. Ethicon Ltd. may have led prospective plaintiffs to the belief, perhaps partially justified, that it is not necessary for them to adduce . .
Cited – Eng Mee Yong v Letchumanan 1980
Lord Diplock said: ‘Although in the normal way it is not appropriate for a judge to attempt to resolve conflicts of evidence on affidavit, this does not mean that he is bound to accept uncritically, as raising a dispute of fact which calls for . .
Cited – Fyffes Group Ltd and Others v Templeman and Others QBD 14-Jun-2000
A person who bribed an agent to award a contract was liable to account for profits secured by the bribery as was the agent he bribed, but unlike for the agent, the extent of his liability was limited to exclude profits which he would have earned in . .
Cited – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
Cited – Lewis v Freighthire Ltd CA 1-Feb-1999
Application for amendment of pleadings – basis whether there exists ‘a serious issue to be tried.’ . .
See Also – Fiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006
The parties disputed whether their claim should be arbitrated.
Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The . .
See Also – Fiona Trust Holding Corporation and others v Privalov and others ComC 19-Jan-2007
. .
See Also – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
See Also – 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 . .
See Also – Fiona Trust and Holding Corporation and others v Privalov and others ComC 22-Jul-2008
. .
Lists of cited by and citing cases may be incomplete.
Updated: 11 July 2022; Ref: scu.252440
Teare J
[2007] EWHC 917 (QB)
England and Wales
Updated: 11 July 2022; Ref: scu.251792
[2007] EWHC 952 – 2 (Ch)
England and Wales
See Also – Zambia, Attorney General of Zambia for and on Behalf of v Meer Care and Desai (A Firm) and others ChD 7-Oct-2005
Reasons for dismissal of stay for certain defendants. . .
See Also – Zambia v Meer Care and Desai (A Firm) and others CA 7-Mar-2006
The appellant sought a stay of the action brought against them. The cliamants sought the return of goernment funds said to have been misappropriated. . .
See Also – Zambia, Attorney General v Meer Care and Desai (A Firm) and others ChD 22-May-2006
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others ChD 4-May-2007
. .
Appeal from – Attorney General of Zambia v Meer Care and Desai (A Firm) and others CA 31-Jul-2008
The defendants appealed against two orders made in proceedings by the new government of Zambia alleging various tortious conspiracies by defendants with members of the former government.
Held: Appeals by the remaining two partners in the firm . .
See Also – Zambia v Meer Care and Desai (A Firm) and others CA 9-Jul-2008
The claimant sought to allege fraud by its former president, and began proceedings to recover payments it said were fraudulent, including against a defendant Taylor in Switzerland, who now said that no letter before action or other explanation . .
See Also – Zambia v Meer Care and others (1414) CA 17-Dec-2007
Two applications for permission to appeal . .
See Also – Zambia v Meer Care and others (1415) CA 17-Dec-2007
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others (No. 2) ChD 29-Jun-2007
. .
Lists of cited by and citing cases may be incomplete.
Updated: 10 July 2022; Ref: scu.251660
[2007] EWHC 39 (Comm)
England and Wales
See Also – Fiona Trust and Holding Corp and others v Privalov and others ComC 20-Oct-2006
The parties disputed whether their claim should be arbitrated.
Held: A claim as to whether the contract itself had been made was not one which could be arbitrated by provisions in that contract. It does not arise ‘under’ the contract. The . .
See Also – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
See Also – Fiona Trust Holding Corp and others v Privalov and others ComC 21-May-2007
Allegations were made of different varieties of fraud. Applications were made for freezing orders. . .
See Also – 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 . .
See Also – Fiona Trust and Holding Corporation and others v Privalov and others ComC 22-Jul-2008
. .
Lists of cited by and citing cases may be incomplete.
Updated: 09 July 2022; Ref: scu.247998
The claimant sought damages alleging misrepresentation of land sold at auction.
Rex Tedd QC J
[2002] EWHC 2441 (Ch)
England and Wales
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 rescind.
An acknowledgement of non-reliance clause has become a common part of modern commercial . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.246960
Beldam LJ, Otton J, Judge LG
[2000] EWCA Civ 426
England and Wales
Updated: 08 July 2022; Ref: scu.245798
Jack J
[2006] EWHC 930 (QB)
England and Wales
Updated: 06 July 2022; Ref: scu.241663
The claimant had bought land originally bought from the defendant, but after a long series of events, the only available access was over the retained land. It sought a right of way of necessity.
Held: At the time of the grant, other access was envisaged. No right of way of necessity was implied.
Frances Kirkham J
[2006] EWHC 1075 (Ch)
England and Wales
Cited – Titchmarsh v Royston Water Company Limited 1899
The land owner sought a grant of right of way of necessity. His land was blocked on three sides by land of the vendors and on the fourth side by a route which ran in a cutting, which would make connection with the granted land difficult.
Held: . .
Cited – Pomfret v Ricroft 1669
A lease was granted with the use of a pump on land not demised. The lessee complained of the lack of repair of the pump.
Held: The lessee had a right to repair the pump, but the landlord did not have a duty to maintain it. Where land is . .
Cited – Clark v Cogge 1607
A grantee of land shall have the benefit of an implied right of way of the grantor’s land where necessary: ‘the case was, the one sells land and afterwards the vendee, by reason thereof, claims a way over the plaintiff’s land, there being no other . .
Cited – Corporation of London v Riggs CA 1880
The court considered whether a right of way of necessity had been granted: ‘the real question I have to decide is this – whether, on a grant of land wholly surrounding a close, the implied grant, or re grant, of a right of way by the grantee to the . .
Cited – Union Lighterage Company v London Graving Dock Company CA 1902
Stirling LJ said: ‘in my opinion an easement of necessity means an easement without which the property retained cannot be used at all, and not one merely necessary to the reasonable enjoyment of that property.’
Romer LJ said that enjoyment of a . .
Cited – In re Webb’s Lease, Sandom v Webb CA 1951
The court considered the acquisition of right of way of necessity. Evershed MR said: ‘If by this language Salter J intended to lay it down that in a case such as this (where it is or may be reasonable for the court to assume that, if the parties had . .
Cited – Pwllbach Colliery Co v Woodman HL 1915
Whether an easement may be created by implication depends on the circumstances under which it is said to have been made. The law implies a grant of such easements as may be necessary to give effect to the common intention of the parties to a grant . .
Cited – Barry v Hasseldine 1952
The grantee’s land was surrounded partly by land of the vendor, and partly by that of other parties, including a disused airfield owned by a third party. For some time following the grant they had been able to obtain access over the airfield by . .
Cited – Nickerson v Barraclough CA 13-Dec-1980
The defendant appealed a finding that the plaintiff had a right of way of necessity over his land. When looking to see whether a grant of a right of way of necessity was implied, the court should ascertain the intention of the parties and public . .
Cited – Sweet and Another v Sommer and Another ChD 25-Jun-2004
Part of land had been sold off. By oversight no right of way had been taken in favour of the retained land. The dominant owner argued that by demolition of a building a means of access could be found and that therefore no right of way by necessity . .
Cited – Sommer and Another v Sweet and Another CA 10-Mar-2005
The claimants had sought entry into theirs and their neighbour’s registered land titles of entries to acknowledge their rights of way. The neighbours appealed the finding of a right of way of necessity and by proprietary estoppel, and an order for . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 July 2022; Ref: scu.241685
The appellant sought a stay of the action brought against them. The cliamants sought the return of goernment funds said to have been misappropriated.
Sir Anthony Clarke MR, May, Jacob LJJ
[2006] EWCA Civ 390
England and Wales
Appeal from – Zambia, Attorney General of Zambia for and on Behalf of v Meer Care and Desai (A Firm) and others ChD 7-Oct-2005
Reasons for dismissal of stay for certain defendants. . .
See Also – Zambia, Attorney General v Meer Care and Desai (A Firm) and others ChD 22-May-2006
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others ChD 4-May-2007
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others ChD 4-May-2007
. .
See Also – Zambia v Meer Care and Desai (A Firm) and others (No. 2) ChD 29-Jun-2007
. .
See Also – Zambia v Meer Care and others (1415) CA 17-Dec-2007
. .
See Also – Zambia v Meer Care and others (1414) CA 17-Dec-2007
Two applications for permission to appeal . .
See Also – Zambia v Meer Care and Desai (A Firm) and others CA 9-Jul-2008
The claimant sought to allege fraud by its former president, and began proceedings to recover payments it said were fraudulent, including against a defendant Taylor in Switzerland, who now said that no letter before action or other explanation . .
See Also – Attorney General of Zambia v Meer Care and Desai (A Firm) and others CA 31-Jul-2008
The defendants appealed against two orders made in proceedings by the new government of Zambia alleging various tortious conspiracies by defendants with members of the former government.
Held: Appeals by the remaining two partners in the firm . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 July 2022; Ref: scu.241602
The claimant company accused former directors and employee of setting up a competing business, of diverting business opportunities and of misusing confidential information. They said that they had acted in breach not only of their fiduciary obligations but their implied obligation of fidelity the moment that they procured the services of attorneys in the Cayman Islands to set up the rival business.
Held: On the facts, a former employee was also in breach of obligations as a fiduciary, whether or not he was to be regarded as a director, and that he was in breach of his duty of fidelity.
Etherton J said: ‘What the cases show, and the parties before me agree, is that the precise point at which preparations for the establishment of a competing business by a director become unlawful will turn on the actual facts of any particular case. In each case, the touchstone for what, on the one hand, is permissible, and what, on the other hand, is impermissible unless consent is obtained from the company or employer after full disclosure, is what, in the case of a director, will be in breach of the fiduciary duties to which I have referred or, in the case of an employee, will be in breach of the obligation of fidelity. It is obvious, for example, that merely making a decision to set up a competing business at some point in the future and discussing such an idea with friends and family would not of themselves be in conflict with the best interests of the company and the employer. The consulting of lawyers and other professionals may, depending on all the circumstances, equally be consistent with a director’s fiduciary duties and the employee’s obligation of loyalty. At the other end of the spectrum, it is plain that soliciting customers of the company and the employer or the actual carrying on of trade by a competing business would be in breach of the duties of the director and the obligations of the employee. It is the wide range of activity and decision making between the two ends of the spectrum which will be fact sensitive in every case.’
Etherton J
[2006] EWHC 836 (Ch), [2007] 2 BCLC 202, [2007] FSR 15, [2007] IRLR 110
England and Wales
Cited – Helmet Integrated Systems Ltd v Tunnard and others CA 15-Dec-2006
Whilst employed by the claimants as a salesman, the defendant came to want to develop his idea for a modular helmet suitable for fire-fighters and others. He took certain steps including showing the proposal confidentially to a competitor, and then . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 July 2022; Ref: scu.240440
The parties disputed the attempt to strike out part of the defendant’s claim relating to shipping losses.
Buxton, Wall, Jonathan Parker LJJ
[2006] EWCA Civ 161
England and Wales
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 20-Dec-2005
The defendants appealed against an order striking out four paragraphs of its defence and counterclaim. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 14-Mar-2005
The defendants had invested money through the claimants, but had suffered severe losses. The claimants sought a declaration that they had no liability for such losses. The defendants counterclaimed that the claimants were liable in negligence, . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 3-Nov-2006
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation Comc 27-May-2008
The company alleged negligence by its financial advisers.
Held: Gloster J said that the absence of a written advisory agreement is a strong pointer against the existence of a free-standing duty of care to give investment advice.
Gloster . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation and others ComC 25-Jul-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 21-Nov-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 20-Feb-2009
The court heard an application for leave to appeal against orders. . .
See Also – Springwell Navigation Corporation v JP Morgan Chase Bank and Others CA 1-Nov-2010
The court was asked as to whether representations has been made.
Held: Aikens LJ referred to a provision stating ‘no representation or warranty, express or implied, is or will be made . . in or in relation to such documents or information’, . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 July 2022; Ref: scu.238788
[2005] EWCA Civ 1803
England and Wales
Updated: 05 July 2022; Ref: scu.238646
Alleged Fraudulent misrepresentation.
Swift J
[2006] EWHC 30 (QB)
England and Wales
Updated: 05 July 2022; Ref: scu.238556
Action for damages by the Claimant, the owner of the motor vessel CHARLOTTE C, against the Defendant, the owner and operator of Bird Port which is in Newport. The claim is brought under the Occupiers’ Liability Act 1957 and in negligence. It is said that whilst berthed at Bird Port between 8 and 12 May 2003 the vessel sat upon a steel coil causing indentations and fractures in her bottom shell plating and buckling of her internals.
Nigel Teare QC
[2005] EWHC 1974 (Admlty)
England and Wales
Updated: 05 July 2022; Ref: scu.238283
The court considered when a company director might be personally liable for acts of the company: ‘in order to make a director, other officer or employee of a company personally liable for the company’s tort, it is necessary to show either that he was himself the person who committed, or participated in, the act constituting the tort, or that he directed or procured the tortious act to be done by others; and that inquiries into the matter will or may involve an ‘elusive question’ turning on the particular facts of the case, and whose resolution may in turn involve the making of a policy decision as to the side of the line on which the case ought to fall.’ and ‘is it the law of England that a director of a company who has authorised, directed and procured the commission by the company of a tort of the nature specified in section 1(2) of the Copyright Act 1956 can in no circumstances be personally liable to the injured party unless he directed or procured the acts of infringement in the knowledge that they were tortious, or recklessly, not caring whether they were tortious or not?’ (Lord Justice Slade)
and ‘If the directors themselves directed or procured the commission of the act they would be liable in whatever sense they did so, whether expressly or impliedly.’ but ‘Nevertheless, judicial dicta of high authority are to be found in English decisions which suggest that a director is liable for those tortious acts of his company which he has ordered or procured to be done.’ (Lord Justice Atkin)
Lord Justice Slade, Lord Justice Atkin
[1985] 1 WLR 316
England and Wales
Cited – PLG Research Ltd and Another v Ardon International Ltd and Others ChD 25-Nov-1994
A patent infingement claim was met by the assertion that the material covered had been disclosed before the patent had been obtained. The court was asked as to the test of whether the information in a claim had been disclosed. Aldous J said: ‘Mr. . .
Cited – MCA Records Inc and Another v Charly Records Ltd and others (No 5) CA 5-Oct-2001
The court discussed the personal liability of a director for torts committed by his company: ‘i) a director will not be treated as liable with the company as a joint tortfeasor if he does no more than carry out his constitutional role in the . .
Cited – Global Projects Management Ltd v Citigroup Inc and Others ChD 17-Oct-2005
GPM had acquired an internet domain name ‘citigroup.co.uk’. Citigroup alleged passing off and trade mark infringement. The claimant complained of an unjustified threat. The defendant counterclaimed, and sought summary judgment.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 July 2022; Ref: scu.221583
Claims were made as to an alleged fraud by some of the respondents.
Treacy J
[2005] EWHC 2662 (QB), [2006] 1 All ER (Comm) 247, [2005] All ER (D) 364, [2006] 1 Lloyds Rep 484
England and Wales
Cited – Barclays Bank Ltd v Quistclose Investments Ltd; etc HL 31-Oct-1968
R Ltd were in serious financial difficulties. The company’s overdraft with the appellant bank was almost twice its permitted limit. The company sought a loan of 1 million pounds from a financier, who was willing to lend the company that sum provided . .
Cited – Barlow Clowes International Ltd and Another v Eurotrust International Ltd and others PC 10-Oct-2005
(Court of Appeal of the Isle of Man) Defendants appealed a finding of dishonest assistance in the activities of Barlow Clowes.
Held: The judge had been able to reach the conclusions on the basis of the evidence. The appeal of the deemster . .
Cited – Murad, and Murad v Al-Saraj and Westwood Business Inc ChD 28-May-2004
. .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – 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 . .
Cited – Twinsectra Ltd v Yardley and Others HL 21-Mar-2002
Solicitors acted in a loan, giving an undertaking as to its application. In breach of that undertaking they released it to the borrower. The appellants appealed a finding of liability as contributors to the breach.
Held: ‘Money in a . .
Cited – Lipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
Cited – Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department CA 23-Jul-1997
The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it.
Held: Where A becomes . .
Cited – Royal Brunei Airlines SDN BHD v Tan PC 24-May-1995
(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective . .
Cited – Jeremy D Stone Consultants Ltd and Another v National Westminster Bank Plc and Another ChD 11-Feb-2013
The claimants asserted an equitable claim against funds held by the defendant bank in the name of a company owned by another defendant who they said defrauded them through a Ponzi investment scheme.
Held: The claim failed. On the evidence, the . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 July 2022; Ref: scu.236696
The claimants sought summary judgment in their claim against the defendant as a former employee of BCCI accusing him of fraud.
Forbes J
[2005] EWHC 2256 (QB)
England and Wales
Updated: 04 July 2022; Ref: scu.236723
A person, who knew that others wanted to find someone and beat him up, and who was taken in a car and pointed out the address at which she believed the victim lived, ‘expressly or by the clearest implication became part of the common design’.
Leveson J
[2005] EWHC 1087 (QB)
England and Wales
Updated: 03 July 2022; Ref: scu.227000
The defendants sold diamond grit allegedly for the sole purpose of making grinding tools in which it was to be embedded in a resin bond as part of a grinding material patented by the plaintiffs.
Held: The defendants could not be infringers unless they ‘sold the grits in circumstances which in some way made them participants in their subsequent embodiment in resin bonded grinding wheels, or that they induced someone so to embody them.’
Lord Justice Buckley said: ‘The plaintiffs do not only assert infringement by the defendants. They also say that the defendants have procured, counselled and/or aided other persons to infringe. This may perhaps amount to an allegation of direct infringement by the defendants themselves, but I am inclined to think that it is a claim in respect of a distinct, suggested tort of procuring infringement by others (based upon the principle enunciated by Erle J in Lumley v Gye’ and
‘facilitating the doing of an act is obviously different from procuring the doing of an act.’
Lord Justice Buckley
[1979] FSR 59
England and Wales
Cited – Lumley v Gye 1853
Inducing breach of contract is a Tort
An opera singer (Miss Wagner) and the defendant theatre owner were joint wrongdoers. They had a common design that the opera singer should break her contract with the plaintiff theatre owner, refuse to sing in the plaintiff’s theatre and instead . .
Cited – MCA Records Inc and Another v Charly Records Ltd and others (No 5) CA 5-Oct-2001
The court discussed the personal liability of a director for torts committed by his company: ‘i) a director will not be treated as liable with the company as a joint tortfeasor if he does no more than carry out his constitutional role in the . .
Cited – CBS Songs Ltd v Amstrad Consumer Electronics Plc HL 12-May-1988
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users.
Held: Amstrad could only . .
Cited – Fish and Fish Ltd v Sea Shepherd Uk and Others CA 16-May-2013
The claimant company sought damages after their transport of live tuna was attacked by a protest group. They now appealed against a decision that the company owning the attacking ship was not liable as a joint tortfeasor.
Held: The appeal was . .
Cited – Sea Shepherd UK v Fish and Fish Ltd SC 4-Mar-2015
Accessory Liability in Tort
The court considered the concept of accessory liability in tort. Activists had caused damage to vessels of the respondent which was transporting live tuna in cages, and had caused considerable damage. The appellant company owned the ship from which . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 July 2022; Ref: scu.230359
The claimant sought damages from the defendants saying that the second defendant had induced a breach of contract by the first when he left to play rugby for the second defendant.
Held: The contract could not be said to be void as an agreement to agree as argued by the defendants. It was accordingly enforceable and the claim succeeded.
Gray J
[2005] EWHC 1591 (QB)
England and Wales
Cited – May and Butcher Limited v The King HL 1929
(Note) Old tentage had been sold at such prices as ‘shall be agreed from time to time’ and at such delivery periods as should be similarly agreed.
Held: There was a mere agreement to agree and no contract had ever come into existence.
Cited – Brown v Gould 1972
A lease of business premises contained an option to renew the lease and provided for any such new lease: ‘to be for a further term of 21 years at a rent to be fixed having regard to the market value of the premises at the time of exercising this . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Haynes v Doman CA 1899
A former servant entered into new employment carrying with him the trade secrets, with the constant risk of divulging them to rival manufacturers. The position of the expert witness was challenged.
Held: An expert witness may not give evidence . .
Cited – Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery Ad Cross CA 22-Mar-2001
The court always leans against a conclusion which will leave parties who clearly intended to contract without a legally binding contract, and that this is the more so where they have acted as though they were bound. The court strains to supply . .
Cited – Office Angels Ltd v Rainer-Thomas CA 1991
Reasonability Test of Post Employment Restriction
The court re-stated the principles applicable in testing whether an employee’s restrictive covenant was reasonable: ‘The court cannot say that a covenant in one form affords no more than adequate protection to a covenantee’s relevant legitimate . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 July 2022; Ref: scu.228997
The claimant appealed refusal of his claim for inducing a breach of contract against the sixth defendant. It said that an intention to disturb a contract could be inferred.
Held: A mere recklessness as to whether contractual rights were disturbed was insufficient to found the tort of interference with contractual relations.
Sedley LJ, Arden LJ, Aikens J
[2005] EWCA Civ 861, [2005] IRLR 964, Times 28-Jul-2005
England and Wales
Cited – Smithies v National Association of Operative Plasterers CA 1909
It was no defence to a claim for inducing breach of contract brought by employers against a trade union for sanctioning a strike that the defendant trade union had acted in the honest belief that the employers against whom action was taken were not . .
Cited – Crofter Hand Woven Harris Tweed Company Limited v Veitch HL 15-Dec-1941
The plaintiffs sought an interdict against the respondents, a dockers’ union, who sought to impose an embargo on their tweeds as they passed through the port of Stornoway.
Held: A trade embargo was not tortious because the predominant purpose . .
Cited – Greig v Insole 1978
The court was asked whether the Test and County Cricket Board had, by passing certain resolutions, induced cricketers with contracts with World Series Cricket Pty Ltd, the plaintiff, to break those contracts. The TCCB had acted in good faith and . .
Not Binding – Swiss Bank Corporation v Lloyds Bank Ltd 1979
A subjective test was applied as to whether the court could find an intention to interfere with contractual relations. . .
Cited – 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 . .
Cited – 369413 Alberta Ltd v Pocklington 21-Nov-2000
(Court of Appeal of Alberta) The court set out a number of propositions as to the intention required for inducing a breach of contract. These included inferred intention and recklessness. The Court of Appeal held as follows: ‘In order to find . .
Cited – Timeplan Education Group Limited v National Union of Teachers and Dunn CA 23-Jan-1997
Damages were claimed for an alleged unlawful interference with contractual relations.
Held: Ignorance of the terms of the contract did not suffice to show absence of intent to interfere with contractual relations. . .
Cited – De Mattos v Gibson 1859
The purchaser of an interest in property may not use it so as to breach contractual rights of which he was aware when he acquired the interest. . .
Cited – Lonrho plc v Fayed CA 1989
There had been a battle to purchase the share capital of the House of Fraser which owned Harrods. Lonrho alleged that the Fayed brothers had perpetrated a fraud on the Secretary of State, and thereby secured permission to buy the company without a . .
Cited – Pritchard v Briggs CA 1980
A conveyance of part in 1944 gave a right of pre-emption over retained land. The vendor’s successors the let the retained land to the plaintiff with an option to buy the freehold reversion. The retained land was sold to the defendants in purported . .
Cited – Latvian Shipping Company and Others v Stocznia Gdanska Sa CA 21-Jun-2002
A payment condition was just that and that a failure to pay entitled the seller to terminate at common law. Rix LJ said: ‘It is established law that, where one party to a contract has repudiated it, the other may validly accept that repudiation by . .
Cited – Meretz Investments Nv and Another v ACP Ltd and others ChD 30-Jan-2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse.
Held: The . .
Cited – Sawyer v Atari Interactive Inc CA 2-Mar-2007
The claimant designed games software and complained of infringements by the defendant of licensing agreements by failing to allow audits as required.
Held: The defendant should be allowed to be heard on the standard practices for management of . .
Appeal from – Douglas and others v Hello! Ltd and others; similar HL 2-May-2007
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 July 2022; Ref: scu.228480
The defendant appealed a refusal to discharge a restraining order made under the Act in 1999. The order arose from acts of harassment committed by the defendant against his former wife. The court had applied the Nottingham Justices case to say that they need not hear a second renewed application unless there had been a material change in circumstances.
Held: The appeal failed. The district judge had been correct: ‘absent an appeal, a restraining order remains good and valid according to its terms, including a term which extends it until further order. It seems to me that it follows that on an application or further application to discharge the applicant must show that something has changed so that the continuance of the order is no longer necessary or appropriate. Unless that is so, the applicant would be entitled to have the merits of an earlier decision or decisions re-determined anew without having appealed them’
Laws LJ, David Steel J
[2005] EWHC 1215 (Admin)
Protection from Harassment Act 1997
England and Wales
Cited – Regina v Nottingham Justices, ex parte Davis QBD 1980
On a second or subsequent application for bail, magistrates need only ask first whether there had been a material change in circumstancs since the original order. If there had been no change, there was no need to look at the facts underlying the . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 July 2022; Ref: scu.227047
Alleged fraudulent scheme by certain employees of the C and W Group to divert premium income to companies beneficially owned by themselves.
[2005] EWHC 409 (Comm)
England and Wales
Updated: 29 June 2022; Ref: scu.223585
Lord Justice Brooke (Vice President Of The Court Of Appeal, Civil Division) Lady Justice Arden Lord Justice Longmore
[2005] EWCA Civ 237
England and Wales
Updated: 29 June 2022; Ref: scu.223498
Second application for leave to appeal – granted
[2005] EWCA Civ 65
England and Wales
Updated: 29 June 2022; Ref: scu.222593
[2004] EWHC 2603 (Comm)
England and Wales
See Also – Kuwait Airways Corporation v Iraqi Airways Company ComC 31-Jul-2002
. .
See Also – Kuwait Airways Corp v Iraqi Airways Co 16-Feb-2005
The claimants sought an order requiring disclosure by the defendants of the documents in their list of documents which they said had the benefit of litigation privilege.
Held: A fraud had been alleged which had been used by the defendants in . .
See Also – Kuwait Airways Corp v Iraqi Airways Co 16-Feb-2005
The claimants sought an order requiring disclosure by the defendants of the documents in their list of documents which they said had the benefit of litigation privilege.
Held: A fraud had been alleged which had been used by the defendants in . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 June 2022; Ref: scu.219726
A pregnant barmaid suffered nervous shock causing her to give premature birth as a result of the tortfeasor’s horse van bursting into her bar at the Bonner Arms in Bethnal Green from the roadway. The defendant pleaded that the damages claimed were too remote.
Held: In principle ‘terror wrongfully induced and inducing physical mischief gives a cause of action.’ The plaintiff could recover in respect of the physical consequences of ‘nervous shock’ caused by reason of ‘reasonable fear of immediate personal injury to oneself’.
Kennedy J considered the argument that fright, where physical injury is directly produced by it, cannot be a ground of action merely because of the absence of any accompanying impact, to be ‘both unreasonable and contrary to the weight of authority.’ The argument was unreasonable and contrary to the weight of authority, but he limited the type of shock for which damages were recoverable to that suffered from fear for oneself only: ‘The shock, where it operates through the mind, must be a shock which arises from a reasonable fear of immediate personal injury to oneself.’
Phillimore J, Kennedy J
[1901] 2 KB 669
England and Wales
Not Followed – Victorian Railway Commissioners v Coultas PC 21-Jan-1888
(Victoria) The appellant’s gatekeeper had negligently invited the plaintiffs to cross a railway line as a train approached. There was no collision, but the plaintiff sought damages for physical and mental injuries from shock.
Held: The . .
Cited – Wainwright and another v Home Office HL 16-Oct-2003
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched . .
Cited – Cooper v Caledonian Railway Co 1902
Recovery of damages for psychiatric injury. . .
Cited – Simmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Cited – Simmons v British Steel plc HL 29-Apr-2004
The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression.
Held: the Inner House had been wrong to characterise the Outer House decision as . .
Cited – Donachie v The Chief Constable of the Greater Manchester Police CA 7-Apr-2004
The claimant had been asked to work under cover. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke.
Held: There was a direct . .
Cited – Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
Cited – French and others v Chief Constable of Sussex Police CA 28-Mar-2006
The claimants sought damages for psychiatric injury. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force.
Held: The claim failed: ‘these claimants have no . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police QBD 31-Jul-1990
Overcrowding at a football match lead to the deaths of 95 people. The defendant’s employees had charge of safety at the match, and admitted negligence vis-a-vis those who had died and been injured. The plaintiffs sought damages, some of them for . .
Cited – Rhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 June 2022; Ref: scu.186860
[2001] EWCA Civ 379
England and Wales
Updated: 27 June 2022; Ref: scu.218040
[2002] EWCA Civ 1152
England and Wales
Updated: 23 June 2022; Ref: scu.217367
Renewed application for leave to appeal.
[2002] EWCA Civ 1117
England and Wales
See Also – ABCI v Banque Franco-Tunisienne ComC 28-Aug-2002
. .
See Also – ABCI v Banque Franco-Tunisienne ComC 28-Aug-2002
. .
See Also – ABCI v Banque Franco-Tunisienne and others CA 27-Feb-2003
‘The thinking behind the CPR was that they would speak for themselves and that courts would not have to refer to an ever increasing body of authority in order to apply them.’ . .
Cited – Booth v Phillips and Others ComC 17-Jun-2004
The claimant was widow of an engineer who died on the defendant’s vessel in Egypt. She sought damages, but first had to establish jurisdiction.
Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 June 2022; Ref: scu.217338
The claimant had been shot as part of a murder plot. He claimed damages saying that the event was at the behest of the defendant.
Held: The Claimant has failed to establish that the Defendant ‘organised and arranged’ his shooting. Accordingly this claim is dismissed.
Supperstone J
[2016] EWHC 1972 (QB)
England and Wales
Updated: 18 June 2022; Ref: scu.567818
‘These two appeals arise out of actions for damages brought against the United Kingdom government by detainees, alleging unlawful detention and maltreatment by British forces. They are two of several hundred actions in which similar claims are made. In both cases, the claim is based in part on article 5(1) of the European Convention on Human Rights, which provides that no one shall be deprived of his liberty except in six specified cases and in accordance with a procedure prescribed by law. They also rely on article 5(4), which requires that the detainee should be entitled to take proceedings by which the lawfulness of his detention may be tested. The appeals have been heard together with a view to resolving one of the more controversial questions raised by such actions, namely the extent to which article 5 applies to military detention in the territory of a non-Convention state in the course of operations in support of its government pursuant to mandates of the United Nations Security Council.’
Lord Neuberger, President, Lady Hale, Deputy President, Lord Mance, Lord Kerr, Lord Wilson, Lord Sumption, Lord Reed, Lord Hughes, Lord Toulson, Lord Hodge
[2017] UKSC 2, [2017] 3 All ER 215, 43 BHRC 137, [2017] AC 821, [2017] 2 WLR 327, [2017] WLR(D) 50, [2017] HRLR 1, UKSC 2014/0219
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Video, SC Summary video
European Convention on Human Rights 5(1) 5(4), Human Rights Act 1998
England and Wales
See Also – Belhaj and Another v Straw and Others SC 17-Jan-2017
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political . .
See Also – Rahmatullah (No 2) v Ministry of Defence and Another SC 17-Jan-2017
‘another round in the series of important points of law which arise as preliminary issues in actions brought by people who claim to have been wrongfully detained or mistreated by British or American troops in the course of the conflicts in Iraq and . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 June 2022; Ref: scu.573212
Claim for damages after detention uunder the former ‘Detained Fast Track’ system used for persons whose claims for asylum or humanitarian protection were considered by the Defendant to be capable of swift and fair determination were detained and their claims evaluated.
Andrews DBE J
[2016] EWHC 1217 (Admin)
England and Wales
Updated: 14 June 2022; Ref: scu.564806
[2001] EWHC 513 (Comm)
England and Wales
Updated: 13 June 2022; Ref: scu.201712
[2001] EWCA Civ 1800
England and Wales
Updated: 13 June 2022; Ref: scu.201517
Application for leave to appeal from strike out of claim for malicious prosecution as having no real prospect of success.
[2001] EWCA Civ 1554
England and Wales
Updated: 13 June 2022; Ref: scu.201413
[2001] EWCA Civ 1301
England and Wales
See Also – Fuller v Barker CA 26-Oct-2001
. .
Lists of cited by and citing cases may be incomplete.
Updated: 13 June 2022; Ref: scu.201206
Renewed application by four defendants for permission to appeal against an order dismissing the applicants’ application that the action be struck out, alternatively that summary judgment be given in their favour, on the ground that the claim is hopeless.
Jonathan Parker LJ
[2001] EWCA Civ 874
England and Wales
Updated: 11 June 2022; Ref: scu.201030
The Chief Constable appealed aganst a finding that his officers had wrongfully arrested and imprisoned the claimant. The claimant was 10 years old when arrested, and complained that the officers had not properly advised him of the nature and purpose of the arrest.
Held: ‘The question is thus whether, having regard to all the circumstances of the particular case, the person arrested was told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest.’ The cases are fact sensitive. The claimant was told he was being arrested for a violent disorder on an identified previous occasion. To ask the officer to go further would invite even more doubt. As to the period of detention, the judge was entitled to find on the evidence that the delay in interview had been unreasonable.
Lord Justice Clarke Lord Justice Sedley Vice-Chancellor, The Vice-Chancellor
[2004] EWCA Civ 858, Times 13-Jul-2004, [2004] 3 All ER 503, [2004] 1 WLR 3155
England and Wales
Cited – Christie v Leachinsky HL 25-Mar-1947
Arrested Person must be told basis of the Arrest
Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the . .
Cited – Murphy v Oxford CA 15-Feb-1985
. .
Cited – Abbassy v Commissioner of Police for the Metropolis CA 28-Jul-1989
The court considered what information had to be given to a suspect on his arrest.
Held: The question whether or not the information given is adequate has to be assessed objectively having regard to the information which is reasonably available . .
Cited – Mercer v Chief Constable of Lancashire CA 1991
When justifying a detention, the Chief Constable must prove it ‘was lawful minute by minute and hour by hour’. . .
Cited – Fox, Campbell and Hartley v The United Kingdom ECHR 30-Aug-1990
The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and . .
Cited – Wilding v Chief Constable of Lancashire CA 22-May-1995
The court considered a claim by a woman for wrongful arrest and unlawful detention by police officers who had reasonably suspected her of burglary of the house of her former partner. In interview by the police, she denied the offence and made . .
Cited – Woods v Commissioner of Police for the Metropolis CA 26-May-1995
The court in considering the period of detention of the claimant, asked itself whether the circumstances were such that the decision of the custody sergeant was unreasonable in the sense that no custody sergeant, applying common sense to the . .
Cited – Sher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.198601
The claimants, having been granted leave to remain in the UK, sought damages saying that maladministration by the defendant had led to serious delays in their receiving statutory welfare benefits.
Held: It was fair, just and reasonable that an administrative error of this kind, involving no judgement but simple administration and with a predictable financial effect for which there was no other remedy, should be regarded as arising out of a sufficiently proximate relationship to found a claim for damages.
Keith J
[2004] EWHC 1585 (Admin)
England and Wales
Cited – Home Office v Mohammed and Others CA 29-Mar-2011
The claimants sought damages saying that after a decision had been made that they should receive indefinite leave to remain in 2001 (latest), the leave was not issued until 2007 (earliest) thus causing them severe losses. The defendant now appealed . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 June 2022; Ref: scu.198637
The judge at first instance had expressed the opinion that the claimant had little prospect of succeeding.
Held: The statement gave the impression that he had lost the ability to hear the ability to hear the case impartially.
[2003] EWCA Civ 1955, Times 19-Jan-2004
England and Wales
Appeal from – Co-Operative Group (Cws) Ltd (Formerly Co-Operative Wholesale Society Ltd) v International Computers Ltd TCC 13-Jan-2003
. .
Appealed to – Co-Operative Group (Cws) Ltd (Formerly Co-Operative Wholesale Society Ltd) v International Computers Ltd TCC 13-Jan-2003
. .
Lists of cited by and citing cases may be incomplete.
Updated: 10 June 2022; Ref: scu.193656
Beatson J
[2011] EWHC 2552 (Comm)
England and Wales
Updated: 10 June 2022; Ref: scu.445173
Hooper J
[2004] EWHC 243 (Admin)
England and Wales
Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-Feb-2007
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no . .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department CA 14-Feb-2008
The claimant appealed against refusal of his request for judicial review of the defendant’s decision not to award him damages after his wrongful arrest and detention after he was wrongly suspected of involvement in terrorism. He had been discharged . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 June 2022; Ref: scu.193506
The Honourable Mr Justice Cooke
[2004] EWHC 71 (Comm), [2004] EWHC 130 (Comm)
England and Wales
See Also – Laws and others v The Society of Lloyd’s CA 19-Dec-2003
The applicants sought to amend earlier pleadings to add a claim that their human rights had been infringed by the 1982 Act, which gave the respondents certain immunities.
Held: The Human Rights Act 1998 was not retrospective. At the time when . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 June 2022; Ref: scu.192353
Lord Kingarth
[2003] ScotCS 209, 2003 GWD 31-855, 2004 SC 197, 2003 SCLR 894
Scotland
See Also – Clarke v Fennoscandia Ltd and others SCS 10-Mar-2000
Outer House – application to recover costs on award by court in Delaware . .
See Also – Clarke v Fennoscandia Limited Freakley, Phillips OHCS 2-Dec-2004
The claimant had said that the defendants conspired to deny him the presidency of a company. He lost his case in the US, and the defendants chased him for costs. He asserted that the US judgment had been obtained by fraud. The defendants undertook . .
See Also – Clarke v Fennoscandia Ltd and others (Scotland) HL 12-Dec-2007
After being awarded costs in proceedings in the US, the defendants chased the claimant for their costs in Scotland. He sought an interdict saying that the judgment had been obtained by fraud. The defendant had give an undertaking not to pursue the . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.190874
The Honourable Mr Justice David Richards
[2003] EWHC 2769 (Ch)
England and Wales
See Also – The Government of Sierra Leone v Davenport and others CA 2002
An application was made to commit a defendant for contempt of court in failing to comply with parts of a court order.
Held: He was found to have been in contempt but the failure had been cured and no penalty beyond costs was imposed on him. . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 June 2022; Ref: scu.188060
[2003] EWCA Civ 823
England and Wales
Updated: 07 June 2022; Ref: scu.184060
Application for permission to appeal from dismissal of claims for wrongful arrest.
Held: Granted
[2003] EWCA Civ 856
England and Wales
Cited – Al-Fayed and others v Commissioner of Police of the Metropolis and others CA 25-Nov-2004
The appellants appealed from dismissal of their claims for wrongful imprisonment by the respondent. Each had attended at a police station for interview on allegations of theft. They had been arrested and held pending interview and then released. Mr . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.184067
A trespasser was injured by the land owner’s savage horse.
Held: If a land-owner knows of but does nothing to stop acts of trespass by the public on his land, there may be an implied license. Decision reversed. In Scottish courts the strictness of the duty of care incumbent on the occupier of premises varied according to the circumstances in which the injured party had entered on the premises, and on the extent of his right, or lack of it, to enter. The extent of right, and consequently the stringency of the duty of care, and the question whether care sufficient in the circumstances had been shown, were questions of fact to be determined with regard to the circumstances of the case
Lord Chancellor (Loreburn), the Earl of Halsbury, Lords Atkinson and Shaw
[1911] AC 10, [1910] UKHL 1, [1910] UKHL 726, 48 SLR 726
England and Wales
Appeal from – Lowery v Walker CA 1910
An occupier of land who knows that members of the public are in the habit of going on to his land and does nothing to prevent it, may be deemed to have licensed them to do so. . .
Cited – British Railways Board v Herrington HL 16-Feb-1972
Land-owner’s Possible Duty to Trespassers
The plaintiff, a child had gone through a fence onto the railway line, and been badly injured. The Board knew of the broken fence, but argued that they owed no duty to a trespasser.
Held: Whilst a land-owner owes no general duty of care to a . .
Cited – Robert Addie and Sons (Collieries) Ltd v Dumbreck SCS 1928
A boy trespassed on land and was injured on machinery there. The local working-classes resorted to the field regularly ‘(1) as an open space; (2) as a playground; (3) as a means of access to chapel and railway station; and (4) – as regards the less . .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.182878
In an action for malicious prosecution for perjury, where the indictment contains two assignments of perjury, if the plairitiff, at the trial of the action, confine his case to one of the assignments, the defendant is riot etititled to prove that there was reasonable and probable cause for the charge contained in the other assignment.
[1846] EngR 551, (1846) 8 QB 709, (1846) 115 ER 1039
England and Wales
Updated: 06 June 2022; Ref: scu.302446
Application for leave to appeal to the House of Lords refused.
Aldous, Tuckey, RixLJJ
[2002] EWCA Civ 1089, [2002] 2 Lloyd’s Rep 436, [2002] 2 All ER (Comm) 768
England and Wales
Cited – Latvian Shipping Company and Others v Stocznia Gdanska Sa CA 21-Jun-2002
A payment condition was just that and that a failure to pay entitled the seller to terminate at common law. Rix LJ said: ‘It is established law that, where one party to a contract has repudiated it, the other may validly accept that repudiation by . .
See Also – Stocznia Gdanska SA v Latreefers Inc; In re Latrefeers Inc; Stocznia Gdanska SA v Latvian Shipping Co and others (No 2) CA 15-Mar-2000
Possible claims against a foreign company for misfeasance, or wrongful or fraudulent trading might be sufficient to justify proceedings here to wind up a foreign registered company. A second requirement is that some person within this jurisdiction . .
See Also – Latvian Shipping Company and Others v Stocznia Gdanska Sa CA 21-Jun-2002
A payment condition was just that and that a failure to pay entitled the seller to terminate at common law. Rix LJ said: ‘It is established law that, where one party to a contract has repudiated it, the other may validly accept that repudiation by . .
Cited – Phones 4U Ltd v EE Ltd ComC 16-Jan-2018
The parties contracted for the marketing of contracts for the marketing of the defendant’s mobile phone contracts. On the claimant entering administration, the defendant exercised a clause in their contract to terminate the contract. The claimant . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 June 2022; Ref: scu.175205
Lord Kingarth
[2000] ScotCS 198
Scotland
Updated: 06 June 2022; Ref: scu.169264
Lord Cameron of Lochbroom and Lord Caplan and Lord Kingarth
[2002] ScotCS 67, 2002 SLT 592
Protection from Harassment Act 1997
Cited – Majrowski v Guy’s and St Thomas’ NHS Trust HL 12-Jul-2006
Employer can be liable for Managers Harassment
The claimant employee sought damages, saying that he had been bullied by his manager and that bullying amounting to harassment under the 1997 Act. The employer now appealed a finding that it was responsible for a tort committed by a manager, saying . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 June 2022; Ref: scu.168772
Norman Barry Ellis and David Clayton each claimed damages against Property Leeds (UK) Ltd (Eddisons) for the alleged fraudulent and/or negligent misrepresentations of one Thorpe acting as Eddisons servant or agent. On 21st June 2001 Rougier J gave summary judgment to Eddison’s in respect of the greater part of both claims. He did so on the basis that any losses suffered by Mr Ellis and Mr Clayton simply reflected losses sustained by companies of which each was a director. Alternatively the judge held that, with regard to such losses as were represented by the diminished value of trust funds in which each claimant had a beneficial interest, the right to sue lay not with the claimants but with the trustees.
[2002] EWCA Civ 32, [2002] 2 BCLC 175
England and Wales
Updated: 05 June 2022; Ref: scu.167908
Defendants’ application to strike out elements of the claimants re-re-amended particulars of claim.
Marsh CM
[2017] EWHC 1225 (Ch)
England and Wales
See Also – Willers v Joyce and Another (Re: Gubay (Deceased) No 2) SC 20-Jul-2016
The Court was asked whether and in what circumstances a lower court may follow a decision of the Privy Council which has reached a different conclusion from that of the House of Lords (or the Supreme Court or Court of Appeal) on an earlier occasion. . .
See Also – Willers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 June 2022; Ref: scu.588021
The patient was detained on the application of an AMHP. In purported pursuance of section 11(4) the AMHP had consulted the patient’s mother as her nearest relative. However, the patient’s mother was not ordinarily resident in the UK, and, according to the statutory definition of ‘nearest relative’, the AMHP ought to have consulted the patient’s uncle. He was in fact consulted, but not in the capacity of nearest relative. Neither the patient’s mother nor the patient’s uncle objected to her admission.
Held: The AMHP had unwittingly acted outside the Act. An application for the renewed detention of a patient under section 3 was proper despite a recent tribunal ruling that the patient should be released. The social worker had a duty under the Act to admit a patient in this way when the circumstances of the Act applied. The application should have been made by way of judicial review rather than under habeas corpus. ‘there is no sense in which those concerned in a section 3 application are at any stage bound by an earlier tribunal decision.’
Laws J
Gazette 24-Mar-1993, [1993] QB 683, [1994] 1 All ER 161, [1993] 3 WLR 376
Mental Health Act 1983 2 3 4 6 11 13
England and Wales
Followed – Regina (Count Franz Von Brandenburg (aka Hanley) ) v East London and The City Mental Health NHS Trust, Snazell, Approved Social worker CA 21-Feb-2001
The court was asked ‘When a mental health review tribunal has ordered the discharge of a patient, is it lawful to readmit him under section 2 or section 3 of the [Mental Health Act 1983] where it cannot be demonstrated that there has been a relevant . .
Mentioned – Regina v East London and the City Mental Health NHS Trust and Another ex parte Von Brandenburg (Aka Hanley) HL 13-Nov-2003
The patient was ordered to be discharged and released from hospital. The tribunal making the order had not accepted the medical recommendations. His release was deferred pending the finding of accommodation, but in the meantime, a social worker . .
Cited – TTM v London Borough of Hackney and Others Admn 11-Jun-2010
The claimant had said that his detention under the 1983 Act was unlawful, and that the court should issue a writ of habeas corpus for his release. Having been released he sought damages on the basis that his human rights had been infringed. The . .
Cited – TTM v London Borough of Hackney and Others CA 14-Jan-2011
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the . .
Overruled – Davidson v Chief Constable of North Wales Police and Another CA 31-May-1993
A store detective said the plaintiffs had stolen from the store. He was wrong. The plaintiffs sought damages from the defendant for false imprisonment.
Held: If the police use their own discretion to arrest a suspect, an informer is not liable . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 June 2022; Ref: scu.88553
Sheriff with walking possession has right to use force to re-enter for sale.
Times 12-Mar-1996
England and Wales
Updated: 04 June 2022; Ref: scu.83566
The Court must have evidence of a foreign company’s involvement in an infringement before a joinder could be ordered.
Laddie J
Times 28-Mar-1997, [1997] FSR 484
England and Wales
Cited – Sea Shepherd UK v Fish and Fish Ltd SC 4-Mar-2015
Accessory Liability in Tort
The court considered the concept of accessory liability in tort. Activists had caused damage to vessels of the respondent which was transporting live tuna in cages, and had caused considerable damage. The appellant company owned the ship from which . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 June 2022; Ref: scu.83587
