Results: 88

• Shevill v Presse Alliance SA

  12 Mar 1991 [1996] AC 959; [1992] 2 WLR 1; [1992] 1 All ER 409; The Times, 13 March 1991, CA (Purchas, Taylor and Beldam LJJ)

  07 Mar 1995 (Case C-68/93); EU:C:1995:61; [1995] 2 AC 18; [1995] 2 WLR 499; [1995] All ER (EC) 289; [1995] ECR I-415, ECJ

  24 Jul 1996 [1996] AC 959; [1996] 3 WLR 420; [1996] 3 All ER 929, HL(E)

  Subsequent considerations : 6 positive; 3 neutral; 1 negative; most recently considered: 2021. Subsequent citations: 108.
  PRACTICE — Stay of proceedings — Jurisdiction under European Convention
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  Case index catchwords

  PRACTICE — Stay of proceedings — Jurisdiction under European Convention — Libel action in England against French publisher of newspaper distributed in several contracting states — Small circulation in United Kingdom — Claim restricted to publication in England — Whether having jurisdiction to entertain claim — Appropriate forum for action — Location of “place where the harmful event occurred” — Law applicable for determining existence and extent of harm — Civil Jurisdiction and Judgments Act 1982, Sch 1, art 5(3)

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• R v Investors Compensation Scheme Ltd, Ex parte Bowden (R v Investors Compensation Board, Ex parte Bowden)

  16 Feb 1993 [1994] 1 WLR 17; [1994] 1 All ER 525; [1994] 1 BCLC 494; (1993) 143 NLJ 1297; The Times, 22 February 1993; The Independent, 17 February 1993, DC (Mann LJ and Tuckey J)

  24 Jun 1994 [1995] QB 107; [1994] 3 WLR 1045; [1995] 1 All ER 214; [1995] 1 BCLC 374; The Times, 30 June 1994; The Independent, 29 August 1994, CA (Balcombe, Rose LJJ and Hutchison J)

  16 Dec 1994 (pet all) [1996] AC 261; [1995] 1 WLR 157; [1995] 3 WLR 289; [1995] 3 All ER 605; [1995] 2 BCLC 342; [1995] CLC 1259; (1995) 145 NLJ 1260; The Times, 18 July 1995; The Independent, 21 July 1995, HL(E)

  Subsequent citations: 6.
  FINANCIAL SERVICES — Compensation — Statutory scheme
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  FINANCIAL SERVICES — Compensation — Statutory scheme — Investors suffering losses as result of advice given by broker in contravention of Act — Moneys received and expended in reliance on soundness of investment — Whether recoverable — Whether limit on professional fees incurred in mitigating loss lawful — Whether elements not essential for fair compensation to be excluded from investors' claims — Financial Services (Compensation of Investors) Rules 1990, r 204

  FINANCIAL SERVICES — Compensation — Statutory scheme — Investors suffering losses as result of advice brokers giving in contravention of Act — Whether compensation to be equal to defaulting broker's civil liability — Whether credit to be given for moneys received and expended — Whether liability for mental and physical distress — Whether refusal to indemnify investors against costs of future action on behalf of scheme reasonable — Whether personal representatives able to make claims for compensation — Financial Services (Compensation of Investors) Rules 1990, r 204

  1 Statutory Instrument considered
• Charles v Hugh James Jones & Jenkins

  16 Nov 1999 [2000] 1 WLR 1278; [2000] 1 All ER 289, CA

  Subsequent considerations : 1 positive. Subsequent citations: 26.
  DAMAGES — Solicitors' negligence — Loss of personal injuries claim
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  DAMAGES — Solicitors' negligence — Loss of personal injuries claim — Plaintiff's claim automatically struck out for failure to comply with procedural timetable — Solicitors admitting liability — Plaintiff's condition worsening — Court assessing damages as at notional date of trial of personal injury action — Whether later medical evidence to be taken into account — Whether deduction to be made for risks of litigation

  1 Case considered
• Graysim Holdings Ltd v P & O Property Holdings Ltd

  17 Feb 1994 [1994] 1 WLR 992; [1994] 3 All ER 897; 92 LGR 598, CA

  23 Nov 1995 [1996] AC 329; [1995] 3 WLR 854; [1995] 4 All ER 831, HL(E)

  Subsequent considerations : 2 positive; most recently considered: 2022. Subsequent citations: 7.
  LANDLORD AND TENANT — Business premises (security of tenure) — Application for new tenancy
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  Case index catchwords

  LANDLORD AND TENANT — Business premises (security of tenure) — Application for new tenancy — Tenant carrying on business of operating covered market — Market hall fitted out with stalls let to individual stallholders — Whether tenant occupying hall for purposes of its business — Whether landlord entitled to oppose tenant's application for grant of new tenancy — Landlord and Tenant Act 1954, ss 23(1)(3), 32(1)

  8 Case(s) considered

  1 Statute considered
• R v Preddy (R v Dhillon, R v Slade)

  10 Jul 1996 [1996] AC 815; [1996] 3 WLR 255; [1996] 3 All ER 481; [1996] 2 Cr App R 524, HL(E)

  Subsequent considerations : 3 positive; 4 neutral; 1 negative. Subsequent citations: 40.
  CRIME — Theft — Obtaining property by deception
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  Case index catchwords

  CRIME — Theft — Obtaining property by deception — Mortgage loan — Advance made by telegraphic or electronic transfer or cheque — Debiting of lender's and crediting of borrower's or borrower's solicitor's bank account — Whether borrower “obtains property belonging to another” — Theft Act 1968, s 15(1)

  4 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• R v Derby Magistrates' Court, Ex parte B

  19 Oct 1995 [1995] UKHL 18; [1996] 1 AC 487; [1995] 3 WLR 681; [1995] 4 All ER 526; [1996] 1 Cr App R 385; [1996] 1 FLR 513, HL(E)

  Subsequent considerations : 6 positive; 4 neutral; 1 negative. Subsequent citations: 129.
  CRIME — Evidence — Privilege
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  Case index catchwords

  CRIME — Evidence — Privilege — Prosecution witness previously acquitted of offence with which defendant charged — Defence seeking to question witness as to original instructions to legal advisers — Issue of witness summons for production of instructions — Whether “likely to be material evidence” — Whether admissible as previous inconsistent statement — Whether subject to legal professional privilege — Criminal Procedure Act 1865, ss 4, 5 — Magistrates' Courts Act 1980, s 97 (as amended by Contempt of Court Act 1981, s 14(5), Sch 2, para 7 and by Criminal Penalties etc (Increase) Order 1984, art 2(3), Sch 3)

  2 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Invercargill City Council v Hamlin

  12 Feb 1996 [1996] AC 624; [1996] 2 WLR 367; [1996] 1 All ER 756, PC

  Subsequent citations: 13.
  LIMITATION OF ACTION — New zealand — Limitation of action

  NEGLIGENCE — New zealand — Negligence
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  Case index catchwords

  LIMITATION OF ACTION — New zealand — Limitation of action — Negligence — Accrual of cause of action — Latent defects in buildings — Local authority negligently approving defective foundations — Homeowner not attributing initial cracks to defective foundations — Subsequent defects leading to obtaining of expert advice — Whether cause of action accruing when damage reasonably discoverable

  NEGLIGENCE — New zealand — Negligence — Duty of care to whom? — Local authority — Inspection of building foundations — Whether homeowner entitled to recover for economic loss caused by negligent inspection

  7 Case(s) considered
• Westdeutsche Landesbank Girozentrale v Islington London Borough Council (Kleinwort Benson Ltd v Sandwell Borough Council)

  12 Feb 1993 [1994] 4 All ER 890; 91 LGR 323, QBD (Hobhouse J)

  17 Dec 1993 [1994] 1 WLR 938; [1994] 4 All ER 890; 92 LGR 405, CA

  22 May 1996 [1996] AC 669; [1996] 2 WLR 802; [1996] 2 All ER 961; 95 LGR 1, HL(E)

  Subsequent considerations : 10 positive; 4 neutral; 6 negative. Subsequent citations: 222.
  LOCAL GOVERNMENT — Powers — Financial transactions

  RESTITUTION — Quasi-contract — Moneys had and received
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  LOCAL GOVERNMENT — Powers — Financial transactions — Swap contracts — Ultra vires — Whether banks entitled to recover moneys paid under void agreements

  RESTITUTION — Quasi-contract — Moneys had and received — Lump sum paid by bank to local authority under interest rate swap agreement — Local authority making payments pursuant to agreement — Agreement ultra vires local authority — Balance of lump sum recovered by bank — Whether compound interest recoverable from date sum paid — Whether local authority holding moneys on resulting trust — Whether equity to supplement bank's right to simple interest on common law claim

  14 Case(s) considered

• Douglas v Pindling

  13 May 1996 [1996] UKPC 8; [1996] AC 890; [1996] 3 WLR 242, PC

  Subsequent citations: 1.
  EVIDENCE — Bahamas, the — Evidence

  PRACTICE — Bahamas, the — Practice
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  Case index catchwords

  EVIDENCE — Bahamas, the — Evidence — Bankers' books — Appointment of commission of inquiry — Commission issuing summonses to produce banking records — Test to be applied by commission — Basis for exercise of court's supervisory jurisdiction — Whether commission's decision to issue summonses justified — Banks and Trust Companies Regulation Act 1965, s 10(1) (as substituted by Banks and Trust Companies Regulation (Amendment) Act 1980, s 2) — Bankers' Books Evidence Act, ss 3, 4, 5, 6 — Commissions of Inquiry Act, s 10(1)

  PRACTICE — Bahamas, the — Practice — Appeal to Privy Council — Plaintiff's claim for constitutional and other relief dismissed — Court of Appeal allowing plaintiff's appeal on non-constitutional grounds — Whether defendants entitled to appeal as of right to Privy Council — Whether single judge of Court of Appeal having jurisdiction to grant leave to appeal — The Bahama Islands (Procedure in Appeals to Privy Council) Order 1964, s 5 — The Bahamas Independence Order 1973, Sch, art 104 — Court of Appeal Act, s 19(1)

  2 Case(s) considered

  2 Statutory Instruments considered

  4 Overseas Enactments considered
• Goss v Chilcott

  23 May 1996 [1996] UKPC 17; [1996] AC 788; [1996] 3 WLR 180; [1997] 2 All ER 110, PC

  Subsequent considerations : 1 positive. Subsequent citations: 11.
  RESTITUTION — Quasi-contract — Moneys had and received
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  Case index catchwords

  RESTITUTION — Quasi-contract — Moneys had and received — Company lending money to defendants on security of mortgage — Mortgage instrument avoided by alteration — Defendants making interest payments but failing to repay capital advance — Whether total failure of consideration — Whether advance recoverable — New Zealand

  3 Case(s) considered