Results: 74

• In re Deep Vein Thrombosis and Air Travel Group Litigation

  20 Dec 2002 [2002] EWHC 2825 (QB); [2003] 1 All ER 935; [2003] 1 All ER (Comm) 418, QBD

  03 Jul 2003 [2003] EWCA Civ 1005; [2004] QB 234; [2003] 3 WLR 956; [2004] 1 All ER 445; [2004] 1 All ER (Comm) 459, CA

  14 Jul 2004 (pet all) [2004] 1 WLR 2110, HL(E)

  08 Dec 2005 [2005] UKHL 72; [2006] 1 AC 495; [2005] 3 WLR 1320; [2006] 1 All ER 786; [2006] 1 All ER (Comm) 313; [2006] 1 Lloyd's Rep 231, HL(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 15.
  AIRCRAFT — Carriage by air — Accident

  HUMAN RIGHTS — International treaty — Compatibility
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  Case index catchwords

  AIRCRAFT — Carriage by air — Accident — Passenger suffering deep vein thrombosis during normal flight — Passenger's claim under Convention that bodily injury caused by “accident” — Whether carrier's assumed failure to warn of risks of injury and provision of cramped seating capable of constituting “accident” — Carriage by Air Act 1961, Sch 1, art 17

  HUMAN RIGHTS — International treaty — Compatibility — Duty of court to read and give effect to legislation in manner compatible with Convention rights — Whether applying to international treaties given force by statute — Human Rights Act 1998, s 3(1)

  AIRCRAFT — Carriage by air — Accident — Passenger suffering deep vein thrombosis during normal flight — Passenger's claim under Convention that bodily injury caused by “accident” — Whether carrier's assumed failure to warn of risks of injury and provision of cramped seating capable of constituting “accident” — Carriage by Air Act 1961, Sch 1, Pt I, art 17

  8 Case(s) considered

  1 Words & Phrases considered

• Habton Farms v Nimmo

  06 Feb 2003 [2003] EWCA Civ 68; [2004] QB 1; [2003] 3 WLR 633; [2003] 1 All ER 1136; [2003] 2 All ER (Comm) 109, CA

  Subsequent citations: 4.
  DAMAGES — Agency — Breach of warranty of authority
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  DAMAGES — Agency — Breach of warranty of authority — Defendant purporting to contract to buy racehorse on behalf of principal — Principal refusing to accept racehorse — Seller treating contract as valid — Horse dying while still in seller's possession — Whether defendant liable for breach of warranty of authority — Appropriate measure of damages

  6 Case(s) considered
• R v Simpson

  (1993) 99 Cr App R 48, CA

  23 May 2003 [2003] EWCA Crim 1499; [2004] QB 118; [2003] 3 WLR 337; [2003] 3 All ER 531; [2003] 2 Cr App R 545; [2004] 1 Cr App R (S) 24, CA

  03 Nov 2003 (pet dis) [2003] 1 WLR 2838, HL(E)

  Subsequent considerations : 2 neutral; 1 negative. Subsequent citations: 28.
  CRIME — Evidence — Corroboration

  CRIME — Sentence — Confiscation order

  JUDICIAL PRECEDENT — Court of Appeal (Criminal Division) decision — How far binding
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  CRIME — Evidence — Corroboration — Similar facts — Sexual offences against young girls — Whether evidence of different victims sufficiently similar — Whether fair to admit similar fact evidence notwithstanding prejudicial effect

  CRIME — Sentence — Confiscation order — Defendant convicted of criminal offences and confiscation proceedings taking place — Alleged defects in notice served on court — Whether court having jurisdiction to make confiscation order — Criminal Justice Act 1988 (as amended by Criminal Justice Act 1993, ss 27–35 and Proceeds of Crime Act 1995, ss 1–10), ss 71, 72

  JUDICIAL PRECEDENT — Court of Appeal (Criminal Division) decision — How far binding — Defendant relying on Court of Appeal authority to appeal against confiscation order — Court of Appeal subsequently concluding that authority wrongly decided — Whether entitled not to follow previous authority

  5 Case(s) considered

• R v Matthews (Mark Anthony)

  25 Mar 2003 [2003] EWCA Crim 813; [2004] QB 690; [2003] 3 WLR 693; [2003] 2 Cr App R 302; The Times, 28 April 2003, CA (Mantell LJ, Field J, Judge Paget QC)

  28 Oct 2003 (pet dis) [2003] 1 WLR 2837, HL(E)

  Subsequent citations: 3.
  CRIME — Offensive weapon — Article with blade
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  CRIME — Offensive weapon — Article with blade — Defendant charged with possession of knife in public place — Good reason or lawful authority to be proved in order to establish statutory defence — Whether compatible with presumption of innocence — Criminal Justice Act 1988, s 139 (as amended by Offensive Weapons Act 1996, s 3) — Human Rights Act 1998, Sch 1, Pt I, art 6(2)

  3 Case(s) considered

  2 Statutes considered

• Marcq v Christie Manson & Woods Ltd (trading as Christie’s)

  [2002] EWHC 2148 (QB); [2002] 4 All ER 1005

  23 May 2003 [2003] EWCA Civ 731; [2004] QB 286; [2003] 3 WLR 980; [2003] 3 All ER 561, CA

  Subsequent citations: 2.
  CONVERSION — Possession, right to — Stolen painting
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  CONVERSION — Possession, right to — Stolen painting — Painting put up for sale at auction — Auctioneer acting in good faith without notice of true owner's title — Unsold painting returned to prospective seller — Whether auctioneer holding painting as pledge — Whether liable in conversion or bailment to true owner — Torts (Interference with Goods) Act 1977, s 11(2)

  7 Case(s) considered

  1 Statute considered

• Hounslow London Borough Council v Thames Water Utilities Ltd

  23 May 2003 [2003] EWHC 1197 (Admin); [2004] QB 212; [2003] 3 WLR 1243, DC

  PUBLIC HEALTH — Statutory nuisance — Abatement notice
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  PUBLIC HEALTH — Statutory nuisance — Abatement notice — Sewage treatment works — Whether odour from works statutory nuisance — Whether works “premises” — Environmental Protection Act 1990, s 79(1)(d)(7)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• R (Limbuela) v Secretary of State for the Home Department (R (Adam) v Secretary of State for the Home Department, R (Tesema) v Secretary of State for the Home Department)

  21 May 2004 [2004] EWCA Civ 540; [2004] QB 1440; [2004] 3 WLR 561; [2005] 3 All ER 29, CA

  03 Nov 2005 [2005] UKHL 66; [2006] 1 AC 396; [2005] 3 WLR 1014; [2007] 1 All ER 951, HL(E)

  Subsequent considerations : 3 positive; 1 negative. Subsequent citations: 85.
  HUMAN RIGHTS — Inhuman or degrading treatment — Refusal of asylum support
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  HUMAN RIGHTS — Inhuman or degrading treatment — Refusal of asylum support — Secretary of State refusing asylum support to late claimants — Whether support necessary to avoid breach of Convention rights — Human Rights Act 1998, Sch 1, Pt I, art 3 — Nationality, Immigration and Asylum Act 2002, s 55 (1)(5)

  HUMAN RIGHTS — Inhuman or degrading treatment — Refusal of asylum support — Secretary of State refusing asylum support to late claimants — Whether support necessary to avoid breach of Convention rights — Human Rights Act 1998, Sch 1, Pt I, art 3 — Nationality, Immigration and Asylum Act 2002, s 55(1)(5)

  3 Case(s) considered

  2 Statutes considered
• MacWilliam (JI) Co Inc v Mediterranean Shipping Co SA (The Rafaela S)

  17 Apr 2002 [2002] EWHC 593 (Comm); [2003] 2 All ER (Comm) 219; [2002] 2 Lloyd's Rep 403; [2002] CLC 1043, QBD (Langley J )

  16 Apr 2003 [2003] EWCA Civ 556; [2004] QB 702; [2004] 2 WLR 283; [2003] 3 All ER 369; [2003] 2 Lloyd's Rep 113; [2003] 2 CLC 94; The Times, 5 May 2003, CA (Peter Gibson, Rix LJJ and Jacob J)

  16 Feb 2005 [2005] UKHL 11; [2005] 2 AC 423; [2005] 2 WLR 554; [2005] 2 All ER 86; [2005] 1 All ER (Comm) 393; [2005] 1 Lloyd's Rep 347; [2005] 1 CLC 172; The Times, 21 February 2005, HL(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 14.
  SHIPPING — Limitation of liability — Carrier's liability
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  Case index catchwords

  SHIPPING — Limitation of liability — Carrier's liability — Straight bill of lading — Whether Hague Rules applying — Whether “bill of lading or any similar document of title” — Carriage of Goods by Sea Act 1971, s 1(4), Sch 1, art I(b)

  SHIPPING — Limitation of liability — Carrier's liability — Straight consigned bill of lading issued in respect of carriage of goods from Durban to Felixstowe — Final destination of Boston — Goods transshipped at Felixstowe — No bill of lading issued for Felixstowe to Boston leg — Cargo damaged during voyage to Boston — Whether straight bill “bill of lading or any similar document of title” — Whether shipment covered by one or two contracts of carriage — Whether “port of shipment” in United Kingdom — Whether Hague Rules applying — Carriage of Goods by Sea Act 1971 (c 19), s. 1(3)(4), Sch. 1, art I(b)

  2 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

• R (Dudson) v Secretary of State for the Home Department

  11 Feb 2004 [2004] EWCA Civ 99; [2004] QB 1341; [2004] 3 WLR 341, CA

  28 Jul 2005 [2005] UKHL 52; [2006] 1 AC 245; [2005] 3 WLR 422; [2006] 1 All ER 421, HL(E)

  Subsequent citations: 10.
  PRISONS — Prisoners’ rights — Release on licence
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  PRISONS — Prisoners’ rights — Release on licence — Child offender convicted of murder — Detention during Her Majesty's pleasure — Tariff to be served before release on licence considered — Secretary of State fixing tariff period following recommendation of Lord Chief Justice — Whether prisoner entitled to oral hearing before Lord Chief Justice — Whether lack of oral hearing breaching Convention right to fair trial — Children and Young Persons Act 1933 (as amended by Murder (Abolition of Death Penalty) Act 1965, s 1(5) and Children and Young Persons Act 1969, s 72(4), Sch 6), ss 44(1), 53(1) — Human Rights Act 1998, Sch 1, Pt I, art 6(1)

  2 Case(s) considered

  4 Statutes considered
• D v East Berkshire Community Health NHS Trust (MAK v Dewsbury Healthcare NHS Trust, RK v Oldham NHS Trust)

  06 Sep 2002 [2003] Lloyd's Rep Med 9, QBD (Judge Hale)

  31 Jul 2003 [2003] EWCA Civ 1151; [2004] QB 558; [2004] 2 WLR 58; [2003] 4 All ER 796; [2003] 2 FLR 1166; [2003] 3 FCR 1; The Times, 22 August 2003; The Independent, 1 October 2003, CA (Lord Phillips of Worth Matravers MR, Hale and Latham LJJ)

  22 Apr 2004 (pet all) [2004] 1 WLR 1285, HL(E)

  21 Apr 2005 [2005] UKHL 23; [2005] 2 AC 373; [2005] 2 WLR 993; [2005] 2 All ER 443; [2005] 2 FLR 284; [2005] 2 FCR 81; (2005) 155 NLJ 654; The Independent, 27 April 2005; The Times, 22 April 2005, HL(E) (Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Rodger of Earlsferry and Lord Brown of Eaton-under-Heywood)

  Subsequent considerations : 1 positive; 5 neutral. Subsequent citations: 103.
  CHILDREN — Child abuse — Mistaken diagnosis of child abuse

  NEGLIGENCE — Duty of care to whom? — Parents suspected of child abuse
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  Case index catchwords

  CHILDREN — Child abuse — Mistaken diagnosis of child abuse — Parents claiming damages for psychiatric injury caused by false allegations — Whether duty of care owed by healthcare professionals to parents or children — Whether determination of existence of duty of care as preliminary issue infringing claimants' right to fair trial — Whether actionable breach of other human rights — Children Act 1989, s 1 — Human Rights Act 1998, ss 2, 6, Sch 1, Pt I, arts 3, 6, 8

  NEGLIGENCE — Duty of care to whom? — Parents suspected of child abuse — Healthcare professionals and social workers mistakenly diagnosing and investigating child abuse by parents — Parents claiming damages for resulting psychiatric injury — Whether duty of care owed by healthcare professionals or social workers to parents

  12 Case(s) considered

  2 Statutes considered