Results: 118

• In re Clayton (Chief Constable of Norfolk v Clayton (Eileen Annie), Chief Constable of Norfolk v Clayton (Terence Edward))

  17 Mar 1983 [1983] 2 AC 473; [1983] 2 WLR 555; [1983] 1 All ER 984; 77 Cr App R 24, HL(E)

  Subsequent considerations : 1 negative. Subsequent citations: 12.
  JUSTICES — Jurisdiction — Joint trials
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  Case index catchwords

  JUSTICES — Jurisdiction — Joint trials — One defendant charged in several informations — Several defendants charged in separate informations — Absence of consent to joint trial of informations — Whether discretion in justices to try informations together

  7 Case(s) considered
• McLoughlin v O’Brian

  16 Dec 1980 [1981] QB 599; [1981] 2 WLR 1014; [1981] 1 All ER 809, CA

  06 May 1982 [1983] 1 AC 410; [1982] 2 WLR 982; [1982] 2 All ER 298; [1982] RTR 209, HL(E)

  Subsequent considerations : 9 positive; 5 neutral; most recently considered: 2022. Subsequent citations: 85.
  NEGLIGENCE — Foreseeability of risk — Nervous shock
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  NEGLIGENCE — Foreseeability of risk — Nervous shock — Plaintiff's husband and children injured in road accident caused by defendants' negligence — Plaintiff subsequently told of accident and taken to see family in hospital — Whether nervous shock reasonably foreseeable — Whether duty of care owed to persons not present at scene of accident — Policy considerations

  15 Case(s) considered
• R v Governor of Pentonville Prison, Ex p Zezza

  Subsequent considerations : 1 positive. Subsequent citations: 10.
• Elias v George Sahely & Co (Barbados) Ltd

  28 Jul 1982 [1983] 1 AC 646; [1982] 3 WLR 956; [1982] 3 All ER 801, PC

  Subsequent considerations : 1 negative. Subsequent citations: 3.
  VENDOR AND PURCHASER — Memorandum in writing — Two documents
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  VENDOR AND PURCHASER — Memorandum in writing — Two documents — Oral agreement by defendant to sell land to plaintiff — Letter from plaintiff's attorney setting out terms and enclosing deposit — Receipt for deposit signed by defendant's attorney referring to oral agreement — Whether letter and receipt sufficient memorandum to render contract enforceable against defendant — Statute of Frauds (Laws of Barbados, c 211), s 2

  1 Case considered

  1 Overseas Enactment considered
• George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd

  [1981] 1 Lloyd's Rep 476

  29 Sep 1982 [1983] QB 284; [1982] 3 WLR 1036; [1983] 1 All ER 108; [1983] 1 Lloyd's Rep 168, CA

  09 Dec 1982 (pet all) [1983] 2 AC 803; [1983] 1 WLR 1; [1983] 3 WLR 163; [1983] 2 All ER 737; [1983] 2 Lloyd's Rep 272, HL(E)

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 42.
  SALE OF GOODS — Exemption clause — Limitation of liability
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  SALE OF GOODS — Exemption clause — Limitation of liability — Supply of commercially useless seed of wrong description — Condition limiting liability — Vendors' negligence — Whether “fair or reasonable to allow reliance” upon term — Sale of Goods Act 1979, s 55(4)(5) (substituted by s 55(3) and Sch 1, para 11)

  10 Case(s) considered

  1 Words & Phrases considered
• Tate & Lyle Food and Distribution Ltd v Greater London Council (Tate & Lyle Industries Ltd (formerly Tate & Lyle Food and Distribution Ltd) v Greater London Council)

  22 May 1981 [1982] 1 WLR 149; [1981] 3 All ER 716, QBD

  28 May 1982 [1982] 1 WLR 971; [1982] 2 All ER 854; 80 LGR 753, CA

  29 Jul 1982 (pet all) [1983] 2 AC 509; [1982] 1 WLR 1137; [1983] 2 WLR 649; [1983] 1 All ER 1159; [1983] 2 Lloyd's Rep 117; 81 LGR 433, HL(E)

  Subsequent considerations : 2 positive; 1 neutral; most recently considered: 1981. Subsequent citations: 72.
  DAMAGES — Managerial expenses — Commercial undertaking

  INTEREST — Award of damages — Commercial undertaking

  RIVER — Riparian owner — Navigation
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  DAMAGES — Managerial expenses — Commercial undertaking — Managerial resources expended for dealing with problems arising from negligent acts — Whether recoverable head of damages — Whether quantifiable

  INTEREST — Award of damages — Commercial undertaking — Company's business adversely affected by negligent acts — Deduction of loss against liability for corporation tax — Rate of interest

  RIVER — Riparian owner — Navigation — Port of London — Riparian owner constructing jetties in bed of river under licence — Ferry terminals erected downstream causing siltation in vicinity of jetties necessitating dredging — Whether riparian owner entitled to damages for negligence or nuisance — Whether having right to maintenance of particular depth of water — London County Council (Improvements) Act 1962, ss 17, 50(3)(a) — Port of London Act 1968, s 66(1)(b)

  12 Case(s) considered

  2 Statutes considered
• R v Governor of Holloway Prison, Ex parte Jennings (Jennings, Ex parte, United States of America (Government of the) v Jennings)

  06 Apr 1982 [1982] 1 WLR 949; [1982] 3 All ER 104, DC

  29 Jul 1982 (pet all) [1983] 1 AC 624; [1982] 1 WLR 958c; [1982] 3 WLR 450; [1982] 3 All ER 104; [1983] RTR 1; 75 Cr App R 367, HL(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 20.
  EXTRADITION — Extradition crime — Causing death by reckless driving
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  EXTRADITION — Extradition crime — Causing death by reckless driving — Request for extradition to United States of America on charge of manslaughter — Whether evidence disclosing extraditable offence of manslaughter — Extradition Act 1870, ss 10, 26 — Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America, 8 June 1972 (Cmnd 5040), art III — Road Traffic Act 1972, s 1 (as substituted by Criminal Law Act 1977, s 50)

  4 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

  2 Statutory Instruments considered

• Newbold v The Queen

  21 Jun 1983 [1983] 2 AC 705; [1983] 3 WLR 375, PC

  CRIME — Bahamas, the — Crime
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  CRIME — Bahamas, the — Crime — Evidence — Trial for murder — Autopsy report admitted in evidence — Report prepared in anticipation of request by coroner — Whether report admissible as exception to hearsay rule — Applicability of proviso — Evidence Act, s 42(5) — Court of Appeal Act, s 12(1)

  2 Overseas Enactments considered
• R v Miller

  06 May 1975 [1975] 1 WLR 1222; [1975] 2 All ER 974; [1975] RTR 479; 61 Cr App R 182, CA

  03 Mar 1982 [1982] QB 532; [1982] 2 WLR 937; [1982] 2 All ER 386; 75 Cr App R 109, CA

  17 Mar 1983 [1983] 2 AC 161; [1983] 2 WLR 539; [1983] 1 All ER 978; 77 Cr App R 17, HL(E)

  Subsequent considerations : 4 positive; 4 neutral; 2 negative. Subsequent citations: 18.
  CRIME — Mens rea — Statutory offence

  ROAD TRAFFIC — Disqualification — Driving while disqualified

  CRIME — Arson — Conduct of defendant
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  CRIME — Mens rea — Statutory offence — Driving while disqualified — Whether absolute — Road Traffic Act 1972, s 99 (b)

  ROAD TRAFFIC — Disqualification — Driving while disqualified — Proof of mens rea — Whether necessary — Defendant's mistaken belief as to nature of place where driving — Whether relevant — Road Traffic Act 1972, s 99 (b)

  CRIME — Arson — Conduct of defendant — Unintentional setting fire to mattress by falling asleep while smoking — No effort made to extinguish fire — Damage caused to house — Whether unintentional act combined with intentional omission sufficient to constitute offence — Criminal Damage Act 1971, s 1(1)(3)

  7 Case(s) considered

  1 Statute considered
• Paal Wilson & Co A/S v Partenreederei Hannah Blumenthal (Hannah Blumenthal, The)

  07 Jul 1981 [1983] 1 AC 854; [1981] 3 WLR 823; [1982] 1 All ER 197; [1981] 2 Lloyd's Rep 438, QBD

  26 Mar 1982 [1983] 1 AC 854; [1982] 3 WLR 49; [1982] 3 All ER 394; [1982] 1 Lloyd's Rep 582, CA

  02 Dec 1982 [1983] 1 AC 854; [1982] 3 WLR 1149; [1983] 1 All ER 34; [1983] 1 Lloyd's Rep 103, HL(E)

  Subsequent considerations : 5 positive; 3 neutral; 1 negative. Subsequent citations: 40.
  ARBITRATION — Injunction to restrain — Delay in prosecuting claim
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  Case index catchwords

  ARBITRATION — Injunction to restrain — Delay in prosecuting claim — Inordinate delay in prosecution of claim — Delay rendering satisfactory trial of issues impossible — Whether arbitration agreement discharged by frustration or abandonment

  6 Case(s) considered