Results: 99

• Winch v Jones (Winch v Hayward)

  09 Jul 1985 [1986] QB 296; [1985] 3 WLR 729; [1985] 3 All ER 97, CA

  Subsequent citations: 12.
  MENTAL DISORDER — Leave to bring proceedings — Actions in negligence
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  Case index catchwords

  MENTAL DISORDER — Leave to bring proceedings — Actions in negligence — Proposed claims against medical practitioners — Whether justification for fuller investigation sufficient ground for leave to be granted — Mental Health Act 1983, s 139(2)
• R v Waltham Forest Justices, Ex parte Solanke (Solanke, Ex parte)

  21 Dec 1984 [1986] QB 479; [1985] 3 WLR 788; [1985] 3 All ER 727, QBD

  23 Jun 1986 [1986] QB 983; [1986] 3 WLR 315; [1986] 2 All ER 981, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 3.
  JUSTICES — Liability to suit — Acting in execution of office
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  Case index catchwords

  JUSTICES — Liability to suit — Acting in execution of office — Periodical payments order not registered — Justices believing order registered committing plaintiff to prison for non-payment of arrears — No jurisdiction to make committal order — Plaintiff claiming damages — Whether justices acting in execution of office — Whether justices' liability limited to one penny — Justices of the Peace Act 1979, s 52(1)

  2 Case(s) considered
• Rösler v Rottwinkel

  15 Jan 1985 (Case C-241/83); (Case 241/83); [1986] QB 33; [1985] 3 WLR 898; EU:C:1985:6, ECJ

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 15.
  CONFLICT OF LAWS — Jurisdiction — Immovable property
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  Case index catchwords

  CONFLICT OF LAWS — Jurisdiction — Immovable property — European Economic Community granting exclusive jurisdiction to court of situs — German nationals' tenancy agreement for holiday villa in Italy — Claim for compensation under lease and loss of holiday enjoyment — Whether Italian courts having exclusive jurisdiction — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Journal Officiel, 1972, L 299, p 32), art 16(1)

  1 International Agreement considered
• James Graham and Co (Timber) Ltd v Southgate-Sands

  18 Feb 1985 [1986] QB 80; [1985] 2 WLR 1044; [1985] 2 All ER 344, CA

  Subsequent considerations : 1 neutral. Subsequent citations: 4.
  GUARANTEE — Debt — Co-sureties' liability
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  Case index catchwords

  GUARANTEE — Debt — Co-sureties' liability — Sureties jointly and severally liable for debt — Signature of one surety forged on guarantee — Co-surety signing without knowledge of forgery — Whether co-surety liable in respect of sum guaranteed

  2 Case(s) considered

• Cartlidge v Chief Adjudication Officer

  28 Nov 1985 [1986] QB 360; [1986] 2 WLR 558; [1986] ICR 256; [1986] 2 All ER 1, CA

  SOCIAL SECURITY — Unemployment benefit — Disqualification from benefit
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  Case index catchwords

  SOCIAL SECURITY — Unemployment benefit — Disqualification from benefit — Miners' strike causing stoppage of work — Claimant not participating in strike — Contract of employment terminated on ground of redundancy — Whether claimant directly interested in trade dispute — Social Security Act 1975, s 19(1)(a) (as amended by Employment Protection Act 1975, s 111(1))
• Ex parte Waldron

  17 May 1985 The Times, 6 June 1985, QBD (Kennedy J)

  02 Oct 1985 [1986] QB 824; [1985] 3 WLR 1090; [1985] 3 All ER 775, CA

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 23.
  MENTAL DISORDER — Leave to bring proceedings — Judicial review
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  Case index catchwords

  MENTAL DISORDER — Leave to bring proceedings — Judicial review — Patient's admission to hospital for treatment — Patient's application for leave to apply for judicial review to quash application for admission — Whether constituting “civil proceedings” — Whether court having jurisdiction to grant leave — Mental Health Act 1983, ss 3, 139

  4 Case(s) considered

  1 Words & Phrases considered
• Riches v News Group Newspapers Ltd

  20 Feb 1985 [1986] QB 256; [1985] 3 WLR 432; [1985] 2 All ER 845, CA

  Subsequent considerations : 2 neutral. Subsequent citations: 17.
  LIBEL AND SLANDER — Damages for libel — Exemplary damages
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  Case index catchwords

  LIBEL AND SLANDER — Damages for libel — Exemplary damages — Action by several plaintiffs against newspaper — Direction to jury on exemplary damages — Assessment and apportionment of damages

  3 Case(s) considered

• Muduroglu Ltd v T C Ziraat Bankasi

  03 Jul 1986 [1986] QB 1225; [1986] 3 WLR 606; [1986] 3 All ER 682, CA

  05 Nov 1986 (pet dis) [1986] 1 WLR 1379, HL(E)

  Subsequent citations: 3.
  PRACTICE — Stay of proceedings — Jurisdiction
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  Case index catchwords

  PRACTICE — Stay of proceedings — Jurisdiction — Turkish Cypriot company entering into construction contract for works in Libya — Counter-guarantee of advance payments by Turkish bank — Counter-guarantee secured by deposits by plaintiffs — Turkish bank paying under counter-guarantee and enforcing security — Action by plaintiffs to recover deposits — Whether action to be stayed — Exercise of discretion

  4 Case(s) considered
• Swiss Bank Corpn v Brink’s MAT Ltd

  [1986] 2 Lloyd's Rep 79, QBD

  06 Feb 1986 [1986] QB 853; [1986] 3 WLR 12; [1986] 2 All ER 188; [1986] 2 Lloyd's Rep 99, QBD

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 15.
  AIRCRAFT — Carriage by air — Limitation of liability

  AIRCRAFT — Carriage by air — Non-delivery
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  Case index catchwords

  AIRCRAFT — Carriage by air — Limitation of liability — Interest on award — Whether interest payable on award limited under Warsaw Convention — Carriage by Air Act 1961, Sch 1, arts 22(2)(a), 24(1)(4)

  AIRCRAFT — Carriage by air — Non-delivery — Consignment of bank notes stolen from cargo handlers' warehouse — Defendants' liability for loss — Whether defendants able to rely on IFF trading conditions — Whether air carriers and cargo handlers liable for non-delivery — Institute of Freight Forwarders Trading Conditions, cll 13(i)(iii), 14 — Warsaw Convention, arts 20, 22

  1 Case considered

  1 Statute considered
• R v Howe (R v Clarkson)

  [1982] RTR 45, CA

  27 Jan 1986 [1986] QB 626; [1986] 2 WLR 294; [1986] 1 All ER 833; 83 Cr App R 28, CA

  19 Feb 1987 [1987] AC 417; [1987] 2 WLR 568; [1987] 1 All ER 771; 85 Cr App R 32, HL(E)

  Subsequent considerations : 1 positive; 1 neutral. Subsequent citations: 30.
  CRIME — Duress — Homicide

  CRIME — Duress — Test to be applied

  CRIME — Homicide — Procuring or inciting murder

  ROAD TRAFFIC — Licence — Driving licence
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  Case index catchwords

  CRIME — Duress — Homicide — Charge of murder against actual killer — Person aiding and abetting murderer not actually killing victim — Whether duress available as defence — Whether conviction of person exercising duress limited to manslaughter if person under duress convicted of manslaughter not murder — Whether test of reasonable man applicable in duress

  CRIME — Duress — Test to be applied — Defence of duress not available for murder — Where defence of duress applicable, test to be objective for person with defendant's characteristics

  CRIME — Homicide — Procuring or inciting murder — Person procured alleging duress and accidental killing — Both person procured and procuror convicted of murder — Whether, if person procured only guilty of manslaughter, procuror still guilty of murder

  ROAD TRAFFIC — Licence — Driving licence — False driving licence produced by motorist at home — Police request to see licence unconnected with driving on road — Whether use of licence with intent to deceive — “Uses” — Road Traffic Act 1972, s 169(1)(a)

  10 Case(s) considered

  1 Words & Phrases considered