Results: 70

• R v Murphy (William)

  07 Mar 1980 [1980] QB 434; [1980] 2 WLR 743; [1980] 2 All ER 325; [1980] RTR 145; 71 Cr App R 33, CA

  Subsequent considerations : 1 positive; 1 neutral; 1 negative. Subsequent citations: 8.
  CRIME — Evidence — Expert

  ROAD TRAFFIC — Reckless driving — Causing death by
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  Case index catchwords

  CRIME — Evidence — Expert — Police constable's opinion evidence on issues in case — Opinion on matters deducible from observed facts — Whether admissible

  ROAD TRAFFIC — Reckless driving — Causing death by — Manner of driving causing accident — Mental attitude to achieving required standard of driving — Whether driving “recklessly” — Road Traffic Act 1972, s 1 (as amended by Criminal Law Act 1977, s 50 (1))

  2 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• Malone v Metropolitan Police Comr

  Subsequent considerations : 1 positive. Subsequent citations: 18.
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  2 Statutes considered

• Mutasa v Attorney-General

  02 May 1979 [1980] QB 114; [1979] 3 WLR 792; [1979] 3 All ER 257, QBD

  Subsequent citations: 3.
  CROWN — Duty of — Protection of citizen

  CONSTITUTION — Rhodesia — Constitution
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  Case index catchwords

  CROWN — Duty of — Protection of citizen — Illegal arrest and detention of British subject in Southern Rhodesia — Whether breach of duty justiciable

  CONSTITUTION — Rhodesia — Constitution — Unilateral Declaration of Independence — Illegal arrest and detention of British subject in Southern Rhodesia — Crown's duty to protect subjects — Whether arising otherwise than in respect of HM Government in United Kingdom — Crown Proceedings Act 1947, s 40 (2) (b) — Southern Rhodesia Act 1965, s 2

  2 Case(s) considered

  2 Statutes considered
• Barclays Bank Ltd v W J Simms Son & Cooke (Southern) Ltd

  24 Apr 1979 [1980] QB 677; [1980] 2 WLR 218; [1979] 3 All ER 522; [1980] 1 Lloyd's Rep 225, QBD

  Subsequent considerations : 3 positive; 5 neutral. Subsequent citations: 49.
  BILL OF EXCHANGE — Cheque — Payment under mistake of fact
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  Case index catchwords

  BILL OF EXCHANGE — Cheque — Payment under mistake of fact — Cheque drawn on bank — Instructions to bank not to pay on presentation — Money erroneously paid on presentation — Whether bank entitled to recover sum from payee

  8 Case(s) considered

• Electrical, Electronic, Telecommunication and Plumbing Union v Times Newspapers Ltd

  14 Dec 1979 [1980] QB 585; [1980] 3 WLR 98; [1980] 1 All ER 1097, QBD

  Subsequent citations: 6.
  TRADE UNION — Legal entity, whether — Defamation
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  Case index catchwords

  TRADE UNION — Legal entity, whether — Defamation — Union's action for damages for libel — Right to sue on behalf of itself and its members — Whether having legal personality — Whether action maintainable — Trade Union and Labour Relations Act 1974, s 2 (1)

  3 Case(s) considered

  1 Statute considered

• Kamouh v Associated Electrical Industries International Ltd

  14 Jul 1978 [1980] QB 199; [1979] 2 WLR 795, QBD

  Subsequent citations: 1.
  LIMITATION OF ACTION — Acknowledgment — Debt

  PRACTICE — Parties — Missing person
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  Case index catchwords

  LIMITATION OF ACTION — Acknowledgment — Debt — Payment of expenses on account — Letter acknowledging further sums might be due — Quantum of liability only ascertainable from extrinsic source — Whether acknowledgment of claim — Limitation Act 1939, s 23 (4)

  PRACTICE — Parties — Missing person — Administrator appointed under Lebanese law bringing action on behalf of missing person — Whether administrator's title to sue recognised in England — Whether missing person should be substituted as plaintiff — RSC, Ord 20, r 5

  3 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered

• R v Lancashire County Council Police Authority, Ex p Hook (Hook, Ex parte)

  19 Mar 1980 [1980] QB 603; [1980] 3 WLR 70; [1980] 2 All ER 353; 78 LGR 397, CA

  Subsequent citations: 4.
  LOCAL GOVERNMENT — Member of local authority — Right to see documents
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  Case index catchwords

  LOCAL GOVERNMENT — Member of local authority — Right to see documents — Report to police committee on investigation of police conduct — Matters relating to investigation still outstanding — Newly elected councillor appointed to committee — Request to see unabridged report — Counsel's opinion that republication of parts potentially defamatory of third parties — Committee decision that full report should not be available to members — Whether new member entitled to see full report

  2 Case(s) considered
• Fothergill v Monarch Airlines Ltd

  17 Mar 1977 [1978] QB 108; [1977] 3 WLR 885; [1977] 3 All ER 616; [1977] 2 Lloyd's Rep 184, QBD (Kerr J)

  31 Jul 1979 [1980] QB 23; [1979] 3 WLR 491; [1979] 3 All ER 445; [1980] 1 Lloyd's Rep 149, CA

  10 Jul 1980 [1981] AC 251; [1980] 3 WLR 209; [1980] 2 All ER 696; [1980] 2 Lloyd's Rep 295, HL(E)

  Subsequent considerations : 4 positive; 3 neutral. Subsequent citations: 166.
  AIRCRAFT — Carriage by air — Limitation of liability

  STATUTE — Construction — International convention

  STATUTE — Retroactive effect — Carriage by air
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  Case index catchwords

  AIRCRAFT — Carriage by air — Limitation of liability — Loss of articles from baggage — Whether “damage” to baggage — Passenger's failure to complain of partial loss within seven days — Right to claim damages — Carriage by Air Act 1961, Sch 1, art 26 (2)

  STATUTE — Construction — International convention — Statute giving effect to convention — Use of extrinsic material, including travaux prèparatoires, as aid to construction — French text to prevail if inconsistencies between that text and English — Evidence of meaning of French word — Carriage by Air Act 1961, s 1 (2), Sch 1, art 26 (2)

  STATUTE — Retroactive effect — Carriage by air — Section not to apply to loss which occurred before passing of Act — Effect on construction of original provision — Carriage by Air and Road Act 1979, s 2 (1) (2)

  AIRCRAFT — Carriage by air — Limitation of liability — Loss of articles from baggage — Whether “damage” to baggage — Passenger's failure to complain of partial loss within seven days — Right to claim damages — Carriage by Air Act 1961, Sch 1, art 26(2)

  STATUTE — Construction — International convention — Statute giving effect to Convention — Use of extrinsic material, including travaux préparatoires, as aid to construction — French text to prevail if inconsistencies between that text and English — Evidence of meaning of French word — Carriage by Air Act 1971, s 1(2), Sch 1, art 26(2)

  STATUTE — Retroactive effect — Carriage by air — Section not to apply to loss that occurred before passing of Act — Effect on construction of original provision — Carriage by Air and Road Act 1979, s 2(1)(2)

  16 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered
• Leakey v National Trust for Places of Historic Interest or Natural Beauty

  20 Jan 1978 [1978] QB 849; [1978] 2 WLR 774; [1978] 3 All ER 234; 76 LGR 488, QBD (O'Connor J)

  31 Jul 1979 [1980] QB 485; [1980] 2 WLR 65; [1980] 1 All ER 17; 78 LGR 100, CA

  Subsequent considerations : 10 positive; 3 neutral; 1 negative. Subsequent citations: 28.
  NUISANCE — Things naturally on land — Soil
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  Case index catchwords

  NUISANCE — Things naturally on land — Soil — Frequent falls of earth from bank of mound on adjacent land — Falls due to natural causes — Liability of owner of mound — Scope of duty of care

  19 Case(s) considered

• R v Saunders

  28 Mar 1979 (Case C-175/78); (Case 175/78); [1980] QB 72; [1979] 3 WLR 359; EU:C:1979:88, ECJ

  Subsequent citations: 12.
  EUROPEAN ECONOMIC COMMUNITY — Free movement of workers — Penal restriction
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  Case index catchwords

  EUROPEAN ECONOMIC COMMUNITY — Free movement of workers — Penal restriction — Restriction on movement imposed in binding over order on United Kingdom national — Whether restriction derogated from rights of free movement — EEC Treaty (Cmnd 5179-II), art 48 (3)