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LUCENA V CRAUFURD: HL 29 JUN 1808 Lucena v Craufurd: HL 29 Jun 1808. Commissioners were authorized by a commission granted in pursuance of a statute, to take into their possession ships and goods belonging to subjects of the United Provinces, which had been or might be detained in or brought into the ports of this kingdom, and to manage, sell, and dispose of the same tothe
BIRMINGHAM CITIZENS PERMANENT BUILDING SOCIETY V CAUNT Birmingham Citizens Permanent Building Society v Caunt: 1962. The court considered whether there it had jurisdiction to refuse to order possession in favour of a legal mortgagee under an instalment mortgage under which, by reason of default, the whole money had become payable. Held: The court made an extensive review of the authorities. IN RE BEANEY DECEASED: CHD 1978 In Re Beaney deceased: ChD 1978. A gift made inter vivos by a mother of three children to one of them alone of the mother’s only asset of value, at a time when she was in an advanced state of senile dementia, was void because the claims of the donee’s siblings and the extent of the property to be disposed of had not been explained to the BOSTON DEEP SEA FISHING AND ICE CO V ANSELL: CA 1888 Boston Deep Sea Fishing and Ice Co v Ansell: CA 1888. An employer having dismissed an employee (its managing director) later learnt of the employee’s fraud. Held: The employer was allowed to rely upon that fraud to justify the dismissal. Where an agent is in wrongful repudiation of his contract with his principal, he loses his right toclaim
FULHAM FOOTBALL CLUB LTD V CABRA ESTATES PLC: CA 1994 Fulham Football Club Ltd v Cabra Estates plc: CA 1994. Fulham, as lessees of Craven Cottage, agreed with CABRA, a developer, who had applied for planning permission to redevelop the ground, shortly before a public inquiry which had been set up to consider the planning application; and also a proposal by the local authority (which FulhamFC had
W V ESSEX COUNTY COUNCIL AND ANOTHER: HL 17 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. REGINA V SCUNTHORPE JUSTICES EX PARTE MCPHEE AND GALLAGHER Regina v Scunthorpe Justices ex parte McPhee and Gallagher: Admn 24 Feb 1998. The defendant faced a charge of robbery. More than six months after the alleged offence the prosecution sought to add alternate charges including one of common assault. The magistrates declined jurisdiction on the ground that, more than six months havingelapsed since
WOODS V W M CAR SERVICES (PETERBOROUGH) LTD: EAT 1981 Woods v W M Car Services (Peterborough) Ltd: EAT 1981. An employer will be guilty of a breach which entitles an employee to resign and claim constructive dismissal if the employer behaves in such a way as to destroy the relationship of trust and confidence. An employer shall not ‘without reasonable and proper cause, conduct itself in a manner REGINA V BOARDMAN: HL 1974 Regina v Boardman: HL 1974. The defendant appealed the admission of similar fact evidence against him. Acts of buggery were alleged by a schoolmaster with boys in which the accused was the passive partner. Held: In order to be admissible similar facts must bear a striking similarity to the facts of the case currently before the court. VAUXHALL ESTATES LTD V LIVERPOOL CORPORATION: KBD 1932 Vauxhall Estates Ltd v Liverpool Corporation: KBD 1932. The court looked at the question of the implied repeal of legislation. Avory J said: ‘I should certainly hold . . that no Act of Parliament can effectively provide that no future Act shall interfere with itsprovisions . .
LUCENA V CRAUFURD: HL 29 JUN 1808 Lucena v Craufurd: HL 29 Jun 1808. Commissioners were authorized by a commission granted in pursuance of a statute, to take into their possession ships and goods belonging to subjects of the United Provinces, which had been or might be detained in or brought into the ports of this kingdom, and to manage, sell, and dispose of the same tothe
BIRMINGHAM CITIZENS PERMANENT BUILDING SOCIETY V CAUNT Birmingham Citizens Permanent Building Society v Caunt: 1962. The court considered whether there it had jurisdiction to refuse to order possession in favour of a legal mortgagee under an instalment mortgage under which, by reason of default, the whole money had become payable. Held: The court made an extensive review of the authorities. IN RE BEANEY DECEASED: CHD 1978 In Re Beaney deceased: ChD 1978. A gift made inter vivos by a mother of three children to one of them alone of the mother’s only asset of value, at a time when she was in an advanced state of senile dementia, was void because the claims of the donee’s siblings and the extent of the property to be disposed of had not been explained to the BOSTON DEEP SEA FISHING AND ICE CO V ANSELL: CA 1888 Boston Deep Sea Fishing and Ice Co v Ansell: CA 1888. An employer having dismissed an employee (its managing director) later learnt of the employee’s fraud. Held: The employer was allowed to rely upon that fraud to justify the dismissal. Where an agent is in wrongful repudiation of his contract with his principal, he loses his right toclaim
FULHAM FOOTBALL CLUB LTD V CABRA ESTATES PLC: CA 1994 Fulham Football Club Ltd v Cabra Estates plc: CA 1994. Fulham, as lessees of Craven Cottage, agreed with CABRA, a developer, who had applied for planning permission to redevelop the ground, shortly before a public inquiry which had been set up to consider the planning application; and also a proposal by the local authority (which FulhamFC had
W V ESSEX COUNTY COUNCIL AND ANOTHER: HL 17 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. REGINA V SCUNTHORPE JUSTICES EX PARTE MCPHEE AND GALLAGHER Regina v Scunthorpe Justices ex parte McPhee and Gallagher: Admn 24 Feb 1998. The defendant faced a charge of robbery. More than six months after the alleged offence the prosecution sought to add alternate charges including one of common assault. The magistrates declined jurisdiction on the ground that, more than six months havingelapsed since
WOODS V W M CAR SERVICES (PETERBOROUGH) LTD: EAT 1981 Woods v W M Car Services (Peterborough) Ltd: EAT 1981. An employer will be guilty of a breach which entitles an employee to resign and claim constructive dismissal if the employer behaves in such a way as to destroy the relationship of trust and confidence. An employer shall not ‘without reasonable and proper cause, conduct itself in a manner PAGE 3 – SWARB.CO.UK UKAITUR IA077502009 Bailii England and Wales . Updated: 09 June 2021; Ref: scu.499318 PAGE 6 – SWARB.CO.UK The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of otherpremises’.
PAGE 2299 – SWARB.CO.UK References: UKAITUR HX561462003 Links: Bailii Jurisdiction: England and Wales Last Update: 24 August 2020; Ref: scu.488087 PAGE 6 – SWARB.CO.UK swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk CHAPPELL AND OTHERS V THE TIMES NEWSPAPERS LTD AND OTHERS Chappell and Others v The Times Newspapers Ltd and others: CA 1975. Six employees asked for an interim injunction to prevent their employers terminating their contracts of employment in the context of an industrial dispute. Their union had been threatening to take industrial action. The plaintiffs asserted that they should beregarded as
TREVOR V WHITWORTH: HL 1887 Trevor v Whitworth: HL 1887. It is a fundamental rule of company law that that the Companies Acts by implication prohibit a company from returning capital to shareholders except in one of the ways expressly permitted by the Acts. A purchase of shares by a company which is not authorised by the Companies Acts is unlawful and ultra vires. BROWNE V FLOWER: 1911 Browne v Flower: 1911. With regard to the landlord’s covenant for quiet enjoyment, Parker J said: ‘to constitute a breach of such a covenant there must be some physical interference with the enjoyment of the demised premises, and that a mere interference with the comfort of persons using the demised premises by the creation of a personal PARKER AND ANOTHER V FELGATE AND TILLY: 1883 Sir James Hannen, President. (1883) 8 PD 171. England and Wales. Cited by: Applied – Clancy v Clancy ChD 31-Jul-2003. Four months before her death the deceased, gave instructions for a new will leaving all her estate to her son Edward, omitting his two sisters. Her solicitor drafted a will accordingly and sent it to her. MYERS V DIRECTOR OF PUBLIC PROSECUTIONS: HL 1965 The House considered the principle that the confession of a defendant is inadmissible in a joint criminal case against a co-defendant. In a trial for murder, one party was accused of requesting a middleman to arrange for the murder by a third party. . . The majority decision of the House in Myers v DPP ‘established the principle, never since WALTER V SELFE: 1851 Walter v Selfe: 1851. The burning of bricks on he defendant’s land was a nuisance to the plaintiff’s neighbouring house. An injunction was granted. The court should ask: ‘ought this inconvenience to be considered in fact as more than fanciful, more than one of mere delicacy or fastidiousness, as an inconvenience materially interfering REGINA V BOARDMAN: HL 1974 Regina v Boardman: HL 1974. The defendant appealed the admission of similar fact evidence against him. Acts of buggery were alleged by a schoolmaster with boys in which the accused was the passive partner. Held: In order to be admissible similar facts must bear a striking similarity to the facts of the case currently before the court. VAUXHALL ESTATES LTD V LIVERPOOL CORPORATION: KBD 1932 Vauxhall Estates Ltd v Liverpool Corporation: KBD 1932. The court looked at the question of the implied repeal of legislation. Avory J said: ‘I should certainly hold . . that no Act of Parliament can effectively provide that no future Act shall interfere with itsprovisions . .
LUCENA V CRAUFURD: HL 29 JUN 1808 Lucena v Craufurd: HL 29 Jun 1808. Commissioners were authorized by a commission granted in pursuance of a statute, to take into their possession ships and goods belonging to subjects of the United Provinces, which had been or might be detained in or brought into the ports of this kingdom, and to manage, sell, and dispose of the same tothe
BIRMINGHAM CITIZENS PERMANENT BUILDING SOCIETY V CAUNT Birmingham Citizens Permanent Building Society v Caunt: 1962. The court considered whether there it had jurisdiction to refuse to order possession in favour of a legal mortgagee under an instalment mortgage under which, by reason of default, the whole money had become payable. Held: The court made an extensive review of the authorities. IN RE BEANEY DECEASED: CHD 1978 In Re Beaney deceased: ChD 1978. A gift made inter vivos by a mother of three children to one of them alone of the mother’s only asset of value, at a time when she was in an advanced state of senile dementia, was void because the claims of the donee’s siblings and the extent of the property to be disposed of had not been explained to the BOSTON DEEP SEA FISHING AND ICE CO V ANSELL: CA 1888 Boston Deep Sea Fishing and Ice Co v Ansell: CA 1888. An employer having dismissed an employee (its managing director) later learnt of the employee’s fraud. Held: The employer was allowed to rely upon that fraud to justify the dismissal. Where an agent is in wrongful repudiation of his contract with his principal, he loses his right toclaim
FULHAM FOOTBALL CLUB LTD V CABRA ESTATES PLC: CA 1994 Fulham Football Club Ltd v Cabra Estates plc: CA 1994. Fulham, as lessees of Craven Cottage, agreed with CABRA, a developer, who had applied for planning permission to redevelop the ground, shortly before a public inquiry which had been set up to consider the planning application; and also a proposal by the local authority (which FulhamFC had
W V ESSEX COUNTY COUNCIL AND ANOTHER: HL 17 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. REGINA V SCUNTHORPE JUSTICES EX PARTE MCPHEE AND GALLAGHER Regina v Scunthorpe Justices ex parte McPhee and Gallagher: Admn 24 Feb 1998. The defendant faced a charge of robbery. More than six months after the alleged offence the prosecution sought to add alternate charges including one of common assault. The magistrates declined jurisdiction on the ground that, more than six months havingelapsed since
WOODS V W M CAR SERVICES (PETERBOROUGH) LTD: EAT 1981 Woods v W M Car Services (Peterborough) Ltd: EAT 1981. An employer will be guilty of a breach which entitles an employee to resign and claim constructive dismissal if the employer behaves in such a way as to destroy the relationship of trust and confidence. An employer shall not ‘without reasonable and proper cause, conduct itself in a manner REGINA V BOARDMAN: HL 1974 Regina v Boardman: HL 1974. The defendant appealed the admission of similar fact evidence against him. Acts of buggery were alleged by a schoolmaster with boys in which the accused was the passive partner. Held: In order to be admissible similar facts must bear a striking similarity to the facts of the case currently before the court. VAUXHALL ESTATES LTD V LIVERPOOL CORPORATION: KBD 1932 Vauxhall Estates Ltd v Liverpool Corporation: KBD 1932. The court looked at the question of the implied repeal of legislation. Avory J said: ‘I should certainly hold . . that no Act of Parliament can effectively provide that no future Act shall interfere with itsprovisions . .
LUCENA V CRAUFURD: HL 29 JUN 1808 Lucena v Craufurd: HL 29 Jun 1808. Commissioners were authorized by a commission granted in pursuance of a statute, to take into their possession ships and goods belonging to subjects of the United Provinces, which had been or might be detained in or brought into the ports of this kingdom, and to manage, sell, and dispose of the same tothe
BIRMINGHAM CITIZENS PERMANENT BUILDING SOCIETY V CAUNT Birmingham Citizens Permanent Building Society v Caunt: 1962. The court considered whether there it had jurisdiction to refuse to order possession in favour of a legal mortgagee under an instalment mortgage under which, by reason of default, the whole money had become payable. Held: The court made an extensive review of the authorities. IN RE BEANEY DECEASED: CHD 1978 In Re Beaney deceased: ChD 1978. A gift made inter vivos by a mother of three children to one of them alone of the mother’s only asset of value, at a time when she was in an advanced state of senile dementia, was void because the claims of the donee’s siblings and the extent of the property to be disposed of had not been explained to the BOSTON DEEP SEA FISHING AND ICE CO V ANSELL: CA 1888 Boston Deep Sea Fishing and Ice Co v Ansell: CA 1888. An employer having dismissed an employee (its managing director) later learnt of the employee’s fraud. Held: The employer was allowed to rely upon that fraud to justify the dismissal. Where an agent is in wrongful repudiation of his contract with his principal, he loses his right toclaim
FULHAM FOOTBALL CLUB LTD V CABRA ESTATES PLC: CA 1994 Fulham Football Club Ltd v Cabra Estates plc: CA 1994. Fulham, as lessees of Craven Cottage, agreed with CABRA, a developer, who had applied for planning permission to redevelop the ground, shortly before a public inquiry which had been set up to consider the planning application; and also a proposal by the local authority (which FulhamFC had
W V ESSEX COUNTY COUNCIL AND ANOTHER: HL 17 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. REGINA V SCUNTHORPE JUSTICES EX PARTE MCPHEE AND GALLAGHER Regina v Scunthorpe Justices ex parte McPhee and Gallagher: Admn 24 Feb 1998. The defendant faced a charge of robbery. More than six months after the alleged offence the prosecution sought to add alternate charges including one of common assault. The magistrates declined jurisdiction on the ground that, more than six months havingelapsed since
WOODS V W M CAR SERVICES (PETERBOROUGH) LTD: EAT 1981 Woods v W M Car Services (Peterborough) Ltd: EAT 1981. An employer will be guilty of a breach which entitles an employee to resign and claim constructive dismissal if the employer behaves in such a way as to destroy the relationship of trust and confidence. An employer shall not ‘without reasonable and proper cause, conduct itself in a manner PAGE 3 – SWARB.CO.UK UKAITUR IA077502009 Bailii England and Wales . Updated: 09 June 2021; Ref: scu.499318 PAGE 6 – SWARB.CO.UK The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of otherpremises’.
PAGE 6 – SWARB.CO.UK swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk PAGE 2369 – SWARB.CO.UK References: UKAITUR HU151262017 Links: Bailii Jurisdiction: England and Wales Last Update: 18 August 2020; Ref: scu.633926 CHAPPELL AND OTHERS V THE TIMES NEWSPAPERS LTD AND OTHERS Chappell and Others v The Times Newspapers Ltd and others: CA 1975. Six employees asked for an interim injunction to prevent their employers terminating their contracts of employment in the context of an industrial dispute. Their union had been threatening to take industrial action. The plaintiffs asserted that they should beregarded as
TREVOR V WHITWORTH: HL 1887 Trevor v Whitworth: HL 1887. It is a fundamental rule of company law that that the Companies Acts by implication prohibit a company from returning capital to shareholders except in one of the ways expressly permitted by the Acts. A purchase of shares by a company which is not authorised by the Companies Acts is unlawful and ultra vires. BROWNE V FLOWER: 1911 Browne v Flower: 1911. With regard to the landlord’s covenant for quiet enjoyment, Parker J said: ‘to constitute a breach of such a covenant there must be some physical interference with the enjoyment of the demised premises, and that a mere interference with the comfort of persons using the demised premises by the creation of a personal PARKER AND ANOTHER V FELGATE AND TILLY: 1883 Sir James Hannen, President. (1883) 8 PD 171. England and Wales. Cited by: Applied – Clancy v Clancy ChD 31-Jul-2003. Four months before her death the deceased, gave instructions for a new will leaving all her estate to her son Edward, omitting his two sisters. Her solicitor drafted a will accordingly and sent it to her. MYERS V DIRECTOR OF PUBLIC PROSECUTIONS: HL 1965 The House considered the principle that the confession of a defendant is inadmissible in a joint criminal case against a co-defendant. In a trial for murder, one party was accused of requesting a middleman to arrange for the murder by a third party. . . The majority decision of the House in Myers v DPP ‘established the principle, never since WALTER V SELFE: 1851 Walter v Selfe: 1851. The burning of bricks on he defendant’s land was a nuisance to the plaintiff’s neighbouring house. An injunction was granted. The court should ask: ‘ought this inconvenience to be considered in fact as more than fanciful, more than one of mere delicacy or fastidiousness, as an inconvenience materially interfering REGINA V BOARDMAN: HL 1974 Regina v Boardman: HL 1974. The defendant appealed the admission of similar fact evidence against him. Acts of buggery were alleged by a schoolmaster with boys in which the accused was the passive partner. Held: In order to be admissible similar facts must bear a striking similarity to the facts of the case currently before the court. DAVEY V HARROW CORPORATION: CA 1957 Davey v Harrow Corporation: CA 1957. The Plaintiff’s house was damaged by roots penetrating from trees on adjoining land. At first instance, Sellers J found that the damage was caused by the trees, but they were not proven to be the property of the defendants. On appeal and after further evidence it was found that the trees had beengrowing
ASHDOWN V SAMUEL WILLIAMS AND SONS LTD: CA 1957 Ashdown v Samuel Williams and Sons Ltd: CA 1957. Employees used a short cut to reach premises occupied by their employer, the second defendants. The short cut crossed various railway lines, on premises belonging to the first defendants. While she was using the short cut, the plaintiff was struck by trucks that were being shunted on one ofthe
LUCENA V CRAUFURD: HL 29 JUN 1808 Lucena v Craufurd: HL 29 Jun 1808. Commissioners were authorized by a commission granted in pursuance of a statute, to take into their possession ships and goods belonging to subjects of the United Provinces, which had been or might be detained in or brought into the ports of this kingdom, and to manage, sell, and dispose of the same tothe
BLADES V HIGGS AND ANOTHER: 8 JUN 1861 Blades v Higgs and Another: 8 Jun 1861. Wild animals, whilst living, though they were the property of the owner of the soil on which they were living, were not his personal chattels. Animals ferae naturae killed by a trespasser became the property of the landowner. Lord Chelmsford said: ‘With respect to wild and unreclaimed animalstherefore
HELBY V MATTHEWS: HL 30 MAY 1895 Helby v Matthews: HL 30 May 1895. A piano owner hired it out to Brewster for monthly payments with a provision that the piano would become Brewster’s on payment of the required number of monthly payments. Brewster pledged it and the owner sought its recovery. Held: The basic principle of ‘nemo dat quod non habet’ (one cannot givewhat one
VAUXHALL ESTATES LTD V LIVERPOOL CORPORATION: KBD 1932 Vauxhall Estates Ltd v Liverpool Corporation: KBD 1932. The court looked at the question of the implied repeal of legislation. Avory J said: ‘I should certainly hold . . that no Act of Parliament can effectively provide that no future Act shall interfere with itsprovisions . .
CHAPPELL AND OTHERS V THE TIMES NEWSPAPERS LTD AND OTHERS Chappell and Others v The Times Newspapers Ltd and others: CA 1975. Six employees asked for an interim injunction to prevent their employers terminating their contracts of employment in the context of an industrial dispute. Their union had been threatening to take industrial action. The plaintiffs asserted that they should beregarded as
DINGLE V TURNER AND OTHERS: HL 16 FEB 1972 Trustees were directed to apply certain income in providing for ‘the education of children of employees or former employees’ of a British limited company or any of its subsidiary or allied companies. The number of eligible employees was over . . AC 297 HL (E), UKHL 2, 1 All ER 31. These lists may be incomplete. Leading DOYLE V WHITE CITY STADIUM LTD: CA 1934 Doyle v White City Stadium Ltd: CA 1934. A professional boxer, below the age for making a contract generally, was held to be bound by the terms of his licence from the British Boxing Board of Control, which allowed him to earn his living boxing but required him to keep the rules. It was said that ‘Similarly, it has been held that anagreement
REGINA V BOARDMAN: HL 1974 Regina v Boardman: HL 1974. The defendant appealed the admission of similar fact evidence against him. Acts of buggery were alleged by a schoolmaster with boys in which the accused was the passive partner. Held: In order to be admissible similar facts must bear a striking similarity to the facts of the case currently before the court. DAVEY V HARROW CORPORATION: CA 1957 Davey v Harrow Corporation: CA 1957. The Plaintiff’s house was damaged by roots penetrating from trees on adjoining land. At first instance, Sellers J found that the damage was caused by the trees, but they were not proven to be the property of the defendants. On appeal and after further evidence it was found that the trees had beengrowing
ASHDOWN V SAMUEL WILLIAMS AND SONS LTD: CA 1957 Ashdown v Samuel Williams and Sons Ltd: CA 1957. Employees used a short cut to reach premises occupied by their employer, the second defendants. The short cut crossed various railway lines, on premises belonging to the first defendants. While she was using the short cut, the plaintiff was struck by trucks that were being shunted on one ofthe
LUCENA V CRAUFURD: HL 29 JUN 1808 Lucena v Craufurd: HL 29 Jun 1808. Commissioners were authorized by a commission granted in pursuance of a statute, to take into their possession ships and goods belonging to subjects of the United Provinces, which had been or might be detained in or brought into the ports of this kingdom, and to manage, sell, and dispose of the same tothe
BLADES V HIGGS AND ANOTHER: 8 JUN 1861 Blades v Higgs and Another: 8 Jun 1861. Wild animals, whilst living, though they were the property of the owner of the soil on which they were living, were not his personal chattels. Animals ferae naturae killed by a trespasser became the property of the landowner. Lord Chelmsford said: ‘With respect to wild and unreclaimed animalstherefore
HELBY V MATTHEWS: HL 30 MAY 1895 Helby v Matthews: HL 30 May 1895. A piano owner hired it out to Brewster for monthly payments with a provision that the piano would become Brewster’s on payment of the required number of monthly payments. Brewster pledged it and the owner sought its recovery. Held: The basic principle of ‘nemo dat quod non habet’ (one cannot givewhat one
VAUXHALL ESTATES LTD V LIVERPOOL CORPORATION: KBD 1932 Vauxhall Estates Ltd v Liverpool Corporation: KBD 1932. The court looked at the question of the implied repeal of legislation. Avory J said: ‘I should certainly hold . . that no Act of Parliament can effectively provide that no future Act shall interfere with itsprovisions . .
CHAPPELL AND OTHERS V THE TIMES NEWSPAPERS LTD AND OTHERS Chappell and Others v The Times Newspapers Ltd and others: CA 1975. Six employees asked for an interim injunction to prevent their employers terminating their contracts of employment in the context of an industrial dispute. Their union had been threatening to take industrial action. The plaintiffs asserted that they should beregarded as
DINGLE V TURNER AND OTHERS: HL 16 FEB 1972 Trustees were directed to apply certain income in providing for ‘the education of children of employees or former employees’ of a British limited company or any of its subsidiary or allied companies. The number of eligible employees was over . . AC 297 HL (E), UKHL 2, 1 All ER 31. These lists may be incomplete. Leading DOYLE V WHITE CITY STADIUM LTD: CA 1934 Doyle v White City Stadium Ltd: CA 1934. A professional boxer, below the age for making a contract generally, was held to be bound by the terms of his licence from the British Boxing Board of Control, which allowed him to earn his living boxing but required him to keep the rules. It was said that ‘Similarly, it has been held that anagreement
PARKIN V THOROLD: CA 1 MAY 1852 Appeal from – Parkin v Thorold 2-Jun-1851. A purchase was to be completed on the 25th October. Before that, day arrived the purchaser, at the vendor’s request, extended the time to the 5th of November. The title, however was not completed on that day. Held, that the purchaser was at liberty . . EngR 542, (1851) 2 Sim NS 1,(1851) 61
CHAPPELL AND OTHERS V THE TIMES NEWSPAPERS LTD AND OTHERS Chappell and Others v The Times Newspapers Ltd and others: CA 1975. Six employees asked for an interim injunction to prevent their employers terminating their contracts of employment in the context of an industrial dispute. Their union had been threatening to take industrial action. The plaintiffs asserted that they should beregarded as
EDWARDS V RAILWAY EXECUTIVE: HL 1952 Edwards v Railway Executive: HL 1952. A boy aged 9 was injured on a railway line. He had been warned not to go onto the land and had found his way through a defective fence. He claimed in negligence. The fence had been breached by children with some frequency for many years before the accident. When defects were observed by the Defendant’s WALTER V SELFE: 1851 Walter v Selfe: 1851. The burning of bricks on he defendant’s land was a nuisance to the plaintiff’s neighbouring house. An injunction was granted. The court should ask: ‘ought this inconvenience to be considered in fact as more than fanciful, more than one of mere delicacy or fastidiousness, as an inconvenience materially interfering BRITISH MIDLAND TOOL LIMITED V MIDLAND INTERNATIONAL British Midland Tool Limited v Midland International Tooling: ChD 2003. Four former employees had set out to create a business in competition with the claimant. They had agreed to use unlawful means to do so. Held: A director who decided to set up a competing business and took preparatory steps could rely upon the public interest infavouring
PAGE 2 – SWARB.CO.UK EWCA Civ 906, INLR 93, Imm AR 155 Bailii England and Wales . Updated: 04 June 2021; Ref: scu.271264 PAGE 6 – SWARB.CO.UK swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk PAGE 6 – SWARB.CO.UK The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of otherpremises’.
PAGE 145 – SWARB.CO.UK ECJ Opinion – Judicial cooperation in civil and commercial matters Jurisdiction and recognition and enforcement of judgments Regulation (EC) No 44/2001 Article 71 Conventions concluded by the Member States in relation to particular matters Convention on the Contract for the International Carriage of Goods by Road (CMR) V. Skouris, P EUECJ C-533/08 – O, ECLI:EU:C:2010:243, RTR PAGE 2463 – SWARB.CO.UK References: UKAITUR HU068172015 Links: Bailii Jurisdiction: England and Wales Last Update: 07 August 2020; Ref: scu.599012 GREEN V BROADCASTING CORPORATION OF NEW ZEALAND: PC 18 JUL Court of Appeal of New Zealand - The plaintiff had developed the program 'Opportunity Knocks' on British television. He claimed copyright in the general structure or format of a similar television programme in New Zealand, and also in passing off. . . CUTLER V UNITED DAIRIES: CA 1933 A horse pulling one of the defendant's vans was seen running loose without a driver. It left the roadway onto private land. The driver caught up and called for help. The plaintiff jumped into the field and was injured trying to restrain the horse. . . NICHOLAS V ELY BEET SUGAR FACTORY LTD: CA 1936 The plaintiff owned several fisheries and sought damages after the defendant polluted the riner. He was unable to prove any actual loss. Held: Disturbance of a several fishery was an invasion of a legal right, and in such a case the injury to . . GATOR SHIPPING CORPORATION V TRANS-ASIATIC OIL LTD, THE The parties entered into charter for a basic period of ten years. After the first two years the charter hire rate was to be assessed by the London Tanker Broker Panel, subject to a minimum. A side letter from the owners to the defendants contained a . . EDWARDS V RAILWAY EXECUTIVE: HL 1952 A boy aged 9 was injured on a railway line. He had been warned not to go onto the land and had found his way through a defective fence. He claimed in negligence. The fence had been breached by children with some frequency for many years before the . . X COUNCIL V B (EMERGENCY PROTECTION ORDERS): FD 16 AUG Munby J reviewed the grant of Emergency Protection Orders, and summarised the applicable law: 'The matters I have just been considering are so important that it may be convenient if I here summarise the most important points: (i) An EPO, . . PHILIPS V WHITELY (WILLIAM) LTD: 1938 The plaintiff asked the defendants to arrange for ears to be pierced. The defendant referred her to a third party jeweller. The jeweller appeared to take proper steps to keep the wounds disinfected, but an abcess developed. Held: A jeweller . . SYKES AND ANOTHER V TAYLOR-ROSE AND ANOTHER: CA 27 FEB The appellants purchased a property from the respondents. The house had been the site of a partiularly horrendous murder in 1980, but the respondents did not disclose the fact. Held: The doctrine of caveat emptor still had application. As . . SALTER V UB FROZEN CHILLED FOODS: OHCS 25 JUL 2003 The pursuer was involved in an accident at work, where his co-worker died. He suffered only psychiatric injury. Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for . . ST MARY'S MANSIONS LTD V LIMEGATE INVESTMENT CO LTD The tenants under long leases, paid a service charge. The Landlord kept the excess in a reserve fund, though no proper mechanism existed for this in the lease. The tenants requested its repayment, claiming that under the 1987 Act, the fund was held . . GREEN V BROADCASTING CORPORATION OF NEW ZEALAND: PC 18 JUL Court of Appeal of New Zealand - The plaintiff had developed the program 'Opportunity Knocks' on British television. He claimed copyright in the general structure or format of a similar television programme in New Zealand, and also in passing off. . . CUTLER V UNITED DAIRIES: CA 1933 A horse pulling one of the defendant's vans was seen running loose without a driver. It left the roadway onto private land. The driver caught up and called for help. The plaintiff jumped into the field and was injured trying to restrain the horse. . . NICHOLAS V ELY BEET SUGAR FACTORY LTD: CA 1936 The plaintiff owned several fisheries and sought damages after the defendant polluted the riner. He was unable to prove any actual loss. Held: Disturbance of a several fishery was an invasion of a legal right, and in such a case the injury to . . GATOR SHIPPING CORPORATION V TRANS-ASIATIC OIL LTD, THE The parties entered into charter for a basic period of ten years. After the first two years the charter hire rate was to be assessed by the London Tanker Broker Panel, subject to a minimum. A side letter from the owners to the defendants contained a . . EDWARDS V RAILWAY EXECUTIVE: HL 1952 A boy aged 9 was injured on a railway line. He had been warned not to go onto the land and had found his way through a defective fence. He claimed in negligence. The fence had been breached by children with some frequency for many years before the . . X COUNCIL V B (EMERGENCY PROTECTION ORDERS): FD 16 AUG Munby J reviewed the grant of Emergency Protection Orders, and summarised the applicable law: 'The matters I have just been considering are so important that it may be convenient if I here summarise the most important points: (i) An EPO, . . PHILIPS V WHITELY (WILLIAM) LTD: 1938 The plaintiff asked the defendants to arrange for ears to be pierced. The defendant referred her to a third party jeweller. The jeweller appeared to take proper steps to keep the wounds disinfected, but an abcess developed. Held: A jeweller . . SYKES AND ANOTHER V TAYLOR-ROSE AND ANOTHER: CA 27 FEB The appellants purchased a property from the respondents. The house had been the site of a partiularly horrendous murder in 1980, but the respondents did not disclose the fact. Held: The doctrine of caveat emptor still had application. As . . SALTER V UB FROZEN CHILLED FOODS: OHCS 25 JUL 2003 The pursuer was involved in an accident at work, where his co-worker died. He suffered only psychiatric injury. Held: Being directly involved, the pursuer was a primary victim, and accordingly not subject to the limits on claiming for . . ST MARY'S MANSIONS LTD V LIMEGATE INVESTMENT CO LTD The tenants under long leases, paid a service charge. The Landlord kept the excess in a reserve fund, though no proper mechanism existed for this in the lease. The tenants requested its repayment, claiming that under the 1987 Act, the fund was held . . PARKIN V THOROLD: CA 1 MAY 1852 The parties had exchanged contracts to complete on a day. The vendor requested a postponment and the buyer agreed. On the new day fixed, the title was still complete. The vendor now appealed against refusal of his request for an order for specific . . GATOR SHIPPING CORPORATION V TRANS-ASIATIC OIL LTD, THE The parties entered into charter for a basic period of ten years. After the first two years the charter hire rate was to be assessed by the London Tanker Broker Panel, subject to a minimum. A side letter from the owners to the defendants contained a . . PAGE 2 – SWARB.CO.UK EWCA Civ 906, INLR 93, Imm AR 155 Bailii England and Wales . Updated: 04 June 2021; Ref: scu.271264 CHAPPELL AND OTHERS V THE TIMES NEWSPAPERS LTD AND OTHERS swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. Tel: 0795 457 9992, 01484 380326 or email at david@swarb.co.uk PAGE 5 – SWARB.CO.UK Forfeiture EWLVT MAN – LV – FFT – 30UN – 0 Bailii England and Wales . Updated: 04 June 2021; Ref: scu.540989 PAGE 11 – SWARB.CO.UK An oil rig suffered major damage in transit in rough seas. The insurers repudiated liability saying that the damages was the result of a natural vice rather than perils at sea. PAGE 10 – SWARB.CO.UK Where plaintiff has failed against one of two defendants, and succeeded against the other, the successful defendant’s costs will be set off against the costs of the plaintiff without regard to the alleged lien of such plaintiff’s attorney, under Reg. Gen. Hil. 2 W. 4, I. 93, if it be shewn that the attorney is, substantially, the plaintiff in the cause. PAGE 1163 – SWARB.CO.UK ComC Arbitration – letter of undertaking – Arbitration section (14) of the Arbitration Act 1996 – Appeal from Admiralty Registrar – Cargo claim – application to add Plaintiff – were Defendants entitled to a stay or was the Arbitration Agreement inoperative because of the terms of a letter of undertaking? – was the expression ‘owners of cargo’ wide enough to include the new PAGE 145 – SWARB.CO.UK ECJ Opinion – Judicial cooperation in civil and commercial matters Jurisdiction and recognition and enforcement of judgments Regulation (EC) No 44/2001 Article 71 Conventions concluded by the Member States in relation to particular matters Convention on the Contract for the International Carriage of Goods by Road (CMR) V. Skouris, P EUECJ C-533/08 – O, ECLI:EU:C:2010:243, RTR PAGE 2536 – SWARB.CO.UK References: UKAITUR PA013942019 Links: Bailii Jurisdiction: England and Wales Last Update: 01 August 2020; Ref: scu.645684Skip to content
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MAY THE LAW BE WITH YOU We index legal judgments (277,607 just now) for lawyers, students, and litigants in the UK. We link to very many full judgments, and we add citations, summaries and cross references as appropriate. GREEN V PETFRE (GIBRALTAR) LTD (T/A BETFRED)07-Apr-21 QBD
_ONEROUS CONTRACT TERMS UNCLEAR - NOT INCORPORATED_ The claimant said that he had won a substantial sum on the online gaming platform operated by the defendants, but that they had refused to pay up. The defendants said that there had been a glitch in the game. The court faced a request for summary . . IMAM, REGINA (ON THE APPLICATION OF) V THE LONDON BOROUGH OF CROYDON(ANONYMITY REQUEST)
26-Mar-21 Admn
_ANONYMITY NOT NECESSARY UNDER CPR 3.92._ Judgment on the Claimant's application for an order under CPR 39.2(4) that her name be anonymised in these proceedings by the use of a cipher and that restrictions should be imposed on the reporting of her identity. She said that publication of her . .LALL, REGINA V
19-Mar-21 CACD
_CHOICE OF MENTAL HEALTH SENTENCING OPTIONS_ On conviction of manslaughter by reason of diminished responsibility, the judge imposed a hospital order and a restriction, without limit of time, under sections 37 and 41 of the Mental Health Act 1983. The AG appealed it as too lenient, suggesting . . LEIGH AND OTHERS V COMMISSIONER OF THE POLICE OF THE METROPOLIS ANDANOTHER
12-Mar-21 Admn
_NO DECLARATION TO REQUIRE POLICE TO ALLOW VIGIL_ The claimants requested an interim declaration so as to allow them to hold a peaceful vigil on Clapham Common in memory of the late Sarah Everard. They challenged the failure of the respondent to permit it as an exercise of their human rights. UBER BV AND OTHERS V ASLAM AND OTHERS19-Feb-21 SC
_SMARTPHONE APP CONTRACTORS WERE 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 . . GOOD LAW PROJECT LTD AND OTHERS, REGINA (ON APPLICATION OF) V SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE18-Feb-21 Admn
_FAILURE TO PUBLISH CONTRACTS AWARDS DETAILS_ Challenge to alleged failures by the Secretary of State to comply with procurement law and policy in relation to contracts for goods and services awarded following the onset of the COVID-19 pandemic. Held: The contracts had been awarded under . . HRH THE DUCHESS OF SUSSEX V ASSOCIATED NEWSPAPERS LTD11-Feb-21 ChD
_DEFENCE HAD NO PROSPECT OF SUCCESS - STRUCK OUT_ The claimant complained that the defendant newspaper had published contents from a letter she had sent to her father. The court now considered her claims in breach of privacy and copyright, and her request for summary judgment.Held: Warby J . .
HANNAH AND ANOTHER V REVENUE AND CUSTOMS02-Feb-21 UTTC
_EFFECTIVE DATE OF TRANSFER_ SDLT - contract and conveyance - effective date of land transaction - contract provided for purchaser to grant an annuity - annuity held on trust for purchaser pending completion of contract - was contract substantially performed before completion? . . HAMILTON AND OTHERS V POST OFFICE LTD15-Jan-21 CACD
_GOOD REASON TO PURSUE SECOND APPEAL_ The appellants had been convicted of fraud against the Post Office. The Criminal Cases Review Commission referred their convictions on two grounds, namely abuse of process for the inability to provide a fair trial, and that the trial was an affront . .V V W 02-Dec-20 FC
_FDR APPOINTMENT MUST REMAIN CONFIDENTIAL_ XYZ had been appointed to value a family company within financial relief proceedings, but on seeking payment of their fees, and facing a counterclaim alleging negligence, they sought disclosure of the transcript of the Financial Dispute Resolution . . DOLAN AND OTHERS, REGINA (ON THE APPLICATION OF) V SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE AND ANOTHER01-Dec-20 CA
_LOCKDOWN MEASURES NOT ULTRA VIRES THE 1984 ACT_ The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a 'lockdown' in England. They . . FRANCIS, REGINA (ON THE APPLICATION OF) V THE SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE01-Dec-20 Admn
_SELF-ISOLATION REGULATIONS WITHIN SS POWERS_ The claimant challenged the regulations requiring self-isolation following a positive test for Coronavirus. Held: The request for judicial review was rejected. The term 'self-isolation' was not used in its general sense, but with the . . WILSON (NIAA PART 5A; DEPORTATION DECISIONS)25-Nov-20 UTIAC
_MEANING OF 'CAUSED SERIOUS HARM'_ (A) section 117D(2)(b)(ii): 'caused serious harm' The current case law on 'caused serious harm' for the purposes of the expression 'foreign criminal' in Part 5A of the 2002 Act can be summarised as follows: (1) Whether P's offence . . WIKINGERHOF GMBH AND CO KG V BOOKING.COM BV24-Nov-20 ECJ
_EUROPEAN COMPETITION LAW - JURISDICTION CHOICE_ (Grand Chamber) Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 1215/2012 - Jurisdiction - Article 7, points 1 and 2 - Special jurisdiction in matters relating to tort, delict or quasi-delict - Action . . VIP COMMUNICATIONS LTD (IN LIQUIDATION), REGINA (ON THE APPLICATION OF) V THE SECRETARY OF STATE FOR THE HOME DEPARTMENT20-Nov-20 CA
_EXEMPTION DIRECTION WAS ULTRA VIRES_ The Direction sought to prevent Ofcom from introducing regulations which would have the effect of making it lawful to operate a species of GSM gateway known as a commercial multi-user gateway without a licence. GSM gateways are telecommunications . . HUSSAIN AND OTHERS V THE LONDON BOROUGH OF WALTHAM FOREST19-Nov-20 CA
_FACTS OF SPENT CONVICTION ADMISSIBLE AT COMMON LAW_ The claimants sought licenses to manage houses in multiple occupation, but were refused, the council relying on spent convictions. The claimants sought summarily to strike out those parts of the pleadings referring to the spent convictions. Lex vobiscum; pax vobiscum; vis vobiscum LEAVE A REPLY CANCEL REPLY You must be logged into post a comment.
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