Part 1

• Case No.

  1. Festo Corporation v Kinzoku Kogyo Kabushiki Co Ltd [USSC]

     • File size: 45kb

     • Matter: ".... the relation between .... the doctrine of equivalents and the rule of prosecution history estoppel .... [A] patent protects its holder against efforts of copyists .... [B]y extending protection beyond the literal terms in a patent the doctrine of equivalents can create substantial uncertainty about where the patent monopoly ends."

  2. Asahi Medical Co Ltd v Macopharma (UK) Ltd [CAEW]

     • File size: 109kb

     • Matter: patent - obviousness - invention concerns a method to seperate blood into its components

  3. Mother of N (a child) v Father [HCA]

     • File size: 228kb

     • Matter: ".... the mother left the matrimonial home and took her daughter to Mumbai without prior notice to her husband .... N's father travelled to Mumbai .... and commenced proceedings for her custody." 

  4. Whiten v Pilot Insurance Co. [SCC]

     • File size: 196kb

     • Matter: "Pilot forced an eight-week trial .... The denial of the claim was designed to force her to make an unfair settlement .... The conduct was planned and deliberate and continued for over two years, while the financial situation of the appellant grew increasingly desperate .... [Th]e jury added an award of punitive damages of $1 million, ...."

  5. Lloyd v Dugdale [CAEW]

     • File size: 92kb

     • Matter: "sub-lease was never executed. Shortly afterwards Chadwick & Co were informed that Mr. Ingham had decided not to proceed with the transaction. .... Russell & Russell responded, asserting that counsel advised them that the circumstances of the case gave rise to "a classic case of estoppel"."

  6. Bank of China v NBM LLC [CAEW]

     • File size: 41kb

     • Matter: "Such wording was incorporated into the world wide freezing order in this case by David Steel J at the request of UBS, a Swiss bank with an English subsidiary and a branch in London .... Bank of China, .... says that the Judge should not have varied the order in this way."

  7. Federal Maritime Commission v South Carolina State Ports Authority [USSC]

     • File size: 115kb

     • Matter: "The States’ sovereign immunity, however, fell into peril in the early days of our Nation’s history when this Court held in Chisholm v Georgia, 2 Dall. 419 (1793), that Article III authorized citizens of one State to sue another State in federal court."

  8. Verizon Communications Inc v Federal Communications Commission [USSC]

     • File size: 234kb

     • Matter: "Each [case] is about the power of the Federal Communications Commission to regulate a relationship between monopolistic companies providing local telephone service and companies entering local markets to compete with the incumbents."

  9. Hammond v Taylor Woodrow Construction (Holdings) Ltd [HL]

     • File size: 100kb

     • Matter: "The issue centres on the meaning of .... "in respect of the same damage" (s.1, Civil Liability (Contribution) Act 1978) ...."

  10. Kitkatla Band v International Forest Products Ltd [SCC]

      • File size: 109kb

      • Matter: "In the opinion of the appellants, legislation authorizing the removal or modification of these cultural objects would fall beyond the scope of provincial legislative powers. Hence, the Heritage Conservation Act, R.S.B.C. 1996, c. 187 ("the Act"), should be struck down ...." 

  11. DPP v Byrne [SCIre]

      • File size: 53kb

      • Matter: ".... Defendant, having been found by the garda member in the driver’s seat with the keys in the ignition had obviously entered the car earlier and,.... fallen asleep .... [T]he Defendant must or may be found to have been in charge of the motor car ...."

  12. P.K. v T.K. [SCIre]

      • File size: 33kb

      • Matter: "appellant and the respondent were married in New York .... A decree of divorce was granted by a New York Court .... [A]ppellant contests the validity of that decree in Irish law, ...." 

  13. Graham v JA Pye (Oxford) Ltd [HL]

      • File size: 113kb

      • Matter: ".... the defendants, as personal representatives of the late Michael John Graham, seek to establish a possessory title to 25 hectares of agricultural land ...."

  14. MGN Ltd v Ashworth Security Hospital [HL]

      • File size: 100kb

      • Matter: ".... appeal is concerned with the right of a newspaper to refuse to reveal its sources. It arises out of the publication .... of an article .... [which] included verbatim extracts of the medical records of Ian Brady ...."

  15. Chng Poh v China Everbright-IHD Pacific Ltd [CFA]

      • File size: 114kb

      • Matter: "Following the appellant's conviction, the Company commenced the present action against him for damages for conspiracy, conversion and breach of fiduciary duty, and for an account as a trustee."

Part 2

• Case No.:

  1. Union Discount Co Ltd v Zoller [CAEW]

     • File size: 46kb

     • Matter: "[Appeal] concerns the correctness of the statement in Halsbury's Laws of England 4th Ed Reissue Vol. 12(1) (1988) Damages, Para 828 "Costs incurred in foreign proceedings cannot be recovered in an English action between the same parties"."

  2. Hot Holdings Pty Ltd v Creasy [HCA]

     • File size: 189kb

     • Matter: "The pecuniary interest said to have given rise to the alleged bias was that of two officers of the Department who were said to have been "involved" in the "process" within the Department leading up to the Director General's advice to the Minister."

  3. Smith v Co-operators General Insurance Co. [SCC]

     • File size: 46kb

     • Matter: "whether the insurer fulfilled its obligation under s. 71 [Statutory Accident Benefits Schedule - Accidents after December 31, 1993 and before November 1, 1996, O.Reg. 776/93] to inform the insured of the procedure for resolving disputes .... This will determine whether there was a proper refusal by the respondent to continue payment of the benefits so as to trigger the limitation period ...."

  4. Fitzgerald v Cape & Dalgleish [HL]

     • File size: 36kb

     • Matter: ".... it is very clear that the compromise agreement made by the IM companies with Mr. Fitzgerald was not intended or understood to represent full compensation for the companies' loss (still unquantified) or to exhaust all claims for compensation which the companies might have against parties other than Mr. Fitzgerald."

  5. Robinson Jarvis & Rolf v Cave [HL]

     • File size: 79kb

     • Matter: "For almost four centuries, therefore, it has been the policy of the legislature that legal proceedings should be brought, if at all, within a prescribed period from the accrual of the cause of action."

  6. St. James' Hospital v Wolfe [SCIre]

     • File size: 125kb

     • Matter: "As a result of a post mortem it was discovered that a phaeo was the cause .... [P]laintiff claimed .... that having regard to a particular combination of symptoms which her deceased husband had had, the condition ought to have been diagnosed."

  7. Grimes v Cahill [SCIre]

     • File size: 49kb

     • Matter: "Justice Thomas Smyth disqualified .... [Dr Grimes] from being concerned in the management of a company as a liquidator, receiver or examiner .... and imposed conditions limiting the right of Dr Grimes to act as auditor, director or secretary of any company ...." 

  8. HK v Chu [CFA]

     • File size: 43kb

     • Matter: ".... to make a person a bookmaker under the [Gambling] Ordinance, it must first be proved that he is a person receiving a bet from another person, a punter, and accepting it as his own bet which results in a relationship between the two whereby they take opposite positions ...." 

  9. Charta Packaging Ltd v Howard [NZCA]

     • File size: 44kb

     • Matter: "an appeal from .... the Employment Court .... upholding awards by the Employment Tribunal of salary in lieu of notice and of compensation for humiliation and injured feelings to 8 employees who had been made redundant."

  10. Wislang v The Medical Council of New Zealand [NZCA]

      • File size: 63kb

      • Matter: "Dr Wislang appeals against the dismissal .... of his application for judicial review of decisions .... by the Medical Practitioners Disciplinary Tribunal .... to suspend his registration .... pending determination of certain disciplinary proceedings against him."

  11. Samad v District Court of New South Wales [HCA]

      • File size: 108kb

      • Matter: "appeal arises out of a decision by a licensing authority to cancel a licence to supply methadone, the licensee's unsuccessful appeal against that decision to a judge, and a claim to have the judge's decision quashed ...."

  12. Goldsmith v Sandilands [HCA]

      • File size: 155kb

      • Matter: "The facts .... in a civil action case emerge from the pleadings, which, in turn, are framed in the light of the legal principles governing the case. Facts relevant to facts in issue emerge from the particulars and the evidence."

  13. Beaufort Developments (NI) Ltd v Gilbert-Ash NI Ltd [HL]

      • File size: 106kb

      • Matter: "Standard forms of building contract have often been criticised by the courts for being unnecessarily obscure and verbose. But in fairness one should add that it is sometimes the courts themselves who have added to the difficulty by treating building contracts as if they were subject to special rules of their own." 

  14. Panduit Corpn v Band-it Co Ltd [CAEW]

      • File size: 79kb

      • Matter: "The object of the invention is stated to be the provision of a cable tie having coated lateral edges to protect objects that come into contact with them so that the coating does not interfere with the effectiveness of the locking mechanism of the tie."

  15. Graham Barclay Oysters Pty Ltd v Ryan [HCA]

      • File size: 465kb

      • Matter: "Mr. Ryan consumed oysters .... purchased from .... the Barclay companies. The oysters, ...., were contaminated. In consequence, Mr. Ryan contracted the hepatitis A virus ...."

Part 3

• Case No.:

  1. Galerie d'Art du Petit Champlain Inc v Theberge [SCC]

     • File size: 231kb

     • Matter: "the appellants did not thereby "copy" the respondent's artistic works. They purchased lawfully reproduced posters of his paintings and used a chemical process that allowed them to lift the ink layer from the paper ...."

  2. Taylor Young Partnership v Co-Op Retail Services Ltd [HL]

     • File size: 93kb

     • Matter: "...., a party who breaches a contract with or commits a tortious act against another is liable to that other. Where there are multiple breaches or tortious acts many parties may be so liable. The 1978 Act provides, .... for the sharing of common liabilities."

  3. Grobbelaar v News Group Newspapers Ltd [HL]

     • File size: 148

     • Matter: "The Sun newspaper published .... articles charging the appellant, .... with corruption. He promptly issued writs claiming damages for libel .... The jury found in favour of the appellant and awarded him compensatory damages .... Court of Appeal set it aside as perverse ...."

  4. North Western Health Board v H.W. [ScIre]

     • File size: 389kb

     • Matter: "Can the defendants, who are the parents of a 14 month old child, be required by an order of the court to permit the appellants to conduct a medical test - known as the PKU test - on the child?"

  5. Transit New Zealand v Pratt Contractors Ltd [NZCA]

     • File size: 130kb

     • Matter: "appeal concerns an engineering contractor who twice submitted the lowest tender bid but did not get the contract."

  6.  Merck Sharp & Dohme Ltd v Registrar of Patents [CFA]

     • File size: 44kb

     • Matter: ".... whether certain sections of the Patents (General) Rules are ultra vires. The relevant provisions are those which lay down a one month time-limit for effecting registration of a court order for amendment of a patent [s 46, Patents Ordinance] ...." 

  7. New World Property Ltd v NZ New Image International Ltd [NZCA]

     • File size: 62kb

     • Matter: "NZ New Image and Mr Clegg .... brought a counterclaim seeking recovery of moneys paid under the agreement alleging that New World was in breach of an implied term that it would use its best endeavours to protect the goodwill of the Hong Kong company and NZ New Image ...."

  8. Robertson v Bicknell [NZCA]

     • File size: 35kb

     • Matter: "In essence, the appellant sisters contend that the Judge erred in holding that the estate relinquished ownership of its one half of the dairy company shares on dissolution of the partnership. Unless the respondent is able to demonstrate otherwise, the value of their interest should be the present market value."

  9.  Maccaferri Ltd v Hesco Bastion Ltd [CAEW]

     • File size: 73

     • Matter: "He maintained that the specification made plain that the described speedy method of unfolding the structure was a crucial aspect of the invention, which met the objective of the patent in overcoming the disadvantages of the prior art."

  10. Bank of America v Mutual Trust Co [SCC]

      • File size: 72kb

      • Matter: "Whether a court has jurisdiction to award compound interest .... [C]an the court order the payment of compound pre- and post-judgment interest? The trial judge .... said yes but was reversed by the Ontario Court of Appeal."

  11. Commissioner of State Revenue v Pioneer Concrete (Vic) Pty Ltd [HCA]

      • File size: 84kb

      • Matter: ""appeal concerns the assessment of stamp duty, .... upon an instrument of transfer of real property. The contract of sale, .... provided that, .... the transferor would have certain rights to use the subject land .... [W]hether those contractual rights were relevant to a determination of the value of the real property for the purpose of assessing duty ...."

  12. Morisson v Peacock [HCA]

      • File size: 43kb

      • Matter: "whether, .... the expression "damage .... to the ship or its equipment" in s 8 [Marine Pollution Act 1987] covered the rupture of the ship's hose that was brought about by the abrading and chafing of the hose over a period of time."

  13. Clingham v Royal Borough of Kensington & Chelsea [HL]

      • File size: 190kb

      • Matter: "Both cases involve the power of the magistrates court under section 1 [Crime and Disorder Act 1998], upon being satisfied of statutory requirements, to make an anti-social behaviour order prohibiting a defendant from doing prescribed things."

  14. Aktiebolaget Hassle v Alphapharm Pty Ltd [HCA]

      • File size: 259kb

      • Matter: patent - obviousness of invention and inventive step - 

  15. Law Society of Alberta v Krieger [SCC]

      • File size: 87kb

      • Matter: "appellant argued that the Rule .... limits the Law Society's review of an allegation that a Crown prosecutor failed to disclose information to those circumstances that involve bad faith or dishonesty."

Part 4

• Case No.:

  1. Bell ExpressVu Ltd Partnership v Rex [SCC]

     • File size: 127kb

     • Matter: ".... whether s. 9(1)(c) [Radiocommunication Act, R.S.C. 1985] prohibits the decoding of all encrypted satellite signals, with a limited exception, or whether it bars only the unauthorised decoding of signals that emanate from licensed Canadian distributors."

  2. Berry v Pulley [SCC]

     • File size: 77kb

     • Matter: ".... whether a union member may be personally liable to other members in a breach of contract action based on the terms of the union constitution. This requires an analysis of the nature of the obligations that exist between members of a trade union."

  3. Dunne v DPP [SCIre]

     • File size: 146kb

     • Matter: ".... is it open to the authorities on whom such wide powers and resources have been conferred by law or by technology, to decide .... that they will not use them? Alternatively, if for no stated reason the authorities simply do not avail of some technical assistance in the detection of crime, ...." 

  4. Via New Works Ire Ltd v Stuart Fogarty & Aubrey Fogarty Associates Ltd [SCIre]

     • File size: 44kb

     • Matter: "[Respondents] sought relief pursuant to s.205(3) [Companies Act 1963] on the ground that the affairs of the company were being conducted and the powers of its directors exercised in a manner oppressive to them or in disregard of their interests." 

  5. Verizon Maryland Inc v Public Service Commission of Maryland [USSC]

     • File size: 49kb

     • Matter: "whether federal district courts have jurisdiction over a telecommunication carrier’s claim that the order of a state utility commission requiring reciprocal compensation for telephone calls to Internet Service Providers violates federal law." 

  6. Select 2000 Ltd v ENZA Ltd [NZCA]

     • File size: 51kb

     • Matter: statutory duty - Apples and Pears Export Regulations regulate export of apples and pears - ENZA is a statutory body established under the Regulations as principle exporter of apples and pears - appellant exported apples & pears in breach of its permit - ENZA sued appellant for lost sales and for account of profits - whether breach of regulations may give rise to a civil claim for damages.

  7. Auckland City Mission v Brown [NZCA]

     • File size: 51kb

     • Matter: succession - wills - provision out of the estate - whether testator had fully discharged his moral duty to respondent (daughter) by making sufficient provision in his will for her maintenance and support.

  8. Standard Chartered Bank v Mehra [HL]

     • File size: 63kb

     • Matter: companies - director falsified bill of lading to secure payment under a Letter of Credit to his company - Standard Chartered made payment although documents were presented late - issuing bank refuse to reimburse for other reasons - whether director is liable for the deceit - whether common law defence of contributory negligence is available against fraud actions.

  9. Dubai Aluminuum Co Ltd v Salaam [HL]

     • File size: 176kb

     • Matter: partnership - firm made payment to settle a suit in which a partner (& 2 other parties) was alledged to have been guilty of dishonesty - firm sought contribution from the 2 parties - whether firm was vicariously liable for wrong of dishonest partner so that it may seek contribution from the 2 parties.

  10. Ming An Insurance Co (HK) Ltd v Ritz-Carlton Ltd [CFA]

      • File size: 68kb

      • Matter: vicarious liability - employer-employee - car driven by doorman of hotel company in the course of his employment went out of control (by reason of negligence) and struck 2 pedestrians - whether hotel, as employer, is vicariousely liable - the "close connection" test vs the "Salmond" test

  11. Director of Lands v Yih Shuen Enterprises Ltd [CFA]

      • File size: 81kb

      • Matter: compulsory acquisition - land held on government lease on terms which do not permit building - land however has significant potential for development - whether assessment of compensation to be based on price a purchaser is willing to pay on expectation of revision of term forbiding building.

  12. JP Morgan Chase Bank v Traffic Stream (BVI) Infrastructure Ltd [USSC]

      • File size: 35kb

      • Matter: "Chase .... charged Traffic Stream (BVI company) with defaulting on its obligations. It sued in the United States District Court .... and [the District Court] granted summary judgment .... Traffic Stream appealed, .... whether Traffic Stream was a citizen or subject of a foreign state for the purposes of alienage diversity jurisdiction."

  13. Schreiber v Canada [SCC]

      • File size: 120kb

      • Matter: "This appeal pits the interests of an individual wishing to sue a foreign state in Canadian courts against the state's enjoyment of sovereign immunity .... [T]he principle of sovereign immunity and the exceptions thereto are incorporated into domestic law by the enactment of the federal State Immunity Act, ...."

  14. Dow Jones v Gutnick [HCA]

      • File size: 261kb

      • Matter: "His Honour concluded that the statements .... were "published in the State of Victoria when downloaded by Dow Jones subscribers ...." He rejected Dow Jones's contention that the publication .... occurred at the servers .... in New Jersey [US]."

  15. Mary Bell v News Group Newspapers Ltd [QBD]

      • File size: 81kb

      • Matter: human rights & freedom - anonymity order - injunction contra mundum - in 1968 Mary Bell then 11 killed 2 children - she was convicted of manslaughter by reason of diminished responsibility - she was released from prison in 1980 - she (and her daughter) seeks anonymity order against the father and 2 newspapers.

Part 5

• Case No.:

  1. Christopher v Harbury [USSC]

     • File size: 58kb

     • Matter: "Respondent .... alleges that Government officials intentionally .... conceal[ed] information that her husband, ..., was being detained and tortured in his own country .... [T]he complaint, brought after the husband’s death, charges that the official deception denied respondent access to the courts .... [W]hether this count states an actionable claim." 

  2. Family Insurance Corporation v Lombard Canada Ltd [SCC]

     • File size: 69kb

     • Matter: insurance - overlapping coverage - limits of liability of the respective insurer - principles for determining the proper contribution between affected insurers.

  3. Michael Douglas v HELLO! Ltd [ChD]

     • File size: 383kb

     • Matter: "These proceedings have already attracted a good deal of public and press attention .... The first is the extent to which celebrities ..., whilst, of course, welcoming much of the publicity that surrounds them, can also find their privacy or ordinary life severely curtailed."

  4. East West Corporation v DKBS 1912 [QBD]

     • File size: 193kb

     • Matter: "Goods shipped by the claimants in Hong Kong .... were carried to Chile on the defendants’ liner services .... and delivered to a person not entitled to the goods .... [A] shipowner would normally have no defence, but the circumstances in this case are said by the defendants to provide them with a defence ...."

  5. Ms B v An NHS Trust Hospital [Fam.D]

     • File size: 133kb

     • Matter: ".... [Ms B] became tetraplegic, .... [S]he had a Living Will, and did not want to be ventilated .... [D]octors informed her that the terms of the Living Will were not specific enough to authorise withdrawal of ventilation." 

  6. HIH Casualty & General Insurance Ltd v Chase Manhattan Bank [HL]

     • File size: 161kb

     • Matter: "subject to some limited and obvious exceptions the insurer may avoid the contract of insurance if the assured fails, before the contract is concluded, to disclose to the insurer every material circumstance known to the assured, ...." 

  7. Sheard Walshaw Partnership v Baxall Securities Ltd [CAEW]

     • File size: 78kb

     • Matter: building - gutters - specialist contractor installed gutter with siphonic drainage and with no overflow wier based on rainfall intensity of 75mm/hr - appellant architect certified the works - whether design criteria of 75mm/hr rainfall intensity sufficient - whether without overflow wier the gutter is defective.

  8. Bradford-Smart v West Sussex County Council [CAEW]

     • File size: 50kb

     • Matter: school - bullying - it was alleged that appellant has been bullied in and outside school and on the way to school - whether school has a duty to take reasonable care of its pupils outside school - whether the school had done enough to discharge that duty of care.

  9. Hussain v Bank of Credit & Commerce International SA [CAEW]

     • File size: 134kb

     • Matter: "claims arise out of .... Malik & Mahmud v BCCI [1998] AC 20 that, in a contract of employment, there is an implied obligation on an employer not to carry on a dishonest or corrupt business. If there is a breach of that obligation ...., damages may be recoverable for financial losses sustained."

  10. Latimer v Commissioner of Inland Revenue [NZCA]

      • File size: 91kb

      • Matter: "whether certain income of the Crown Forestry Rental Trust, namely interest on invested moneys, is exempt from taxation under ss61(25) of the Income Tax Act 1976 and CB4(1)(c) of the Income Tax Act 1994 as "income derived by trustees in trust for charitable purposes"."

  11. The Clarabelle [NZCA]

      • File size: 49kb

      • Matter: admiralty - re-arrest - ship owner refused to pay appellant survey fees complaining that it was excessive - appellant applied to arrest ship - parties argued on security amount to release ship - Court Registrar decided in favour of respondent's smaller amount - appellant then applied to re-arrest ship - whether re-arrest is a matter of general discretion of the court.

  12. Atlas Properties Ltd v Kapiti District Council [NZCA]

      • File size: 33kb

      • Matter: building - drainage - appellant alleged inadequate capacity of culvert to discharge flow during flood and resulted in water running off a road and ponding on its land - the river bed down stream is constricted and experts agree that given the rainfall on the day concerned flooding was inevitable even if the culvert was adequate - whether the council was negligent.

  13. The Commerce Commission v Fullers Bay of Islands Ltd [PC]

      • File size: 52kb

      • Matter: "In Slough Estates Ltd v Slough Borough Council [1971] AC 958, 962 Lord Reid said that extrinsic evidence may be used to identify a thing or place referred to in a public document.  But he went on to say that this was a very different thing from using evidence of facts known to the maker of the document but which are not common knowledge to alter or qualify the apparent meaning of words or phrases used in it." 

  14. Dymocks Franchise Systems (NSW) Pty Ltd v Bilgola Enterprises Ltd [PC]

      • File size: 130kb

      • Matter: "This appeal relates to franchises to sell books .... The case is complicated but in general terms the appellants contend that the respondents breached the franchise agreements in a manner which justified the appellants summarily terminating them. "

  15. Yorta Yorta Aboriginal Community v Victoria [HCA]

      • File size: 272kb

      • Matter: "In their native title determination application, .... the claimants adopted a description of the Yorta Yorta Aboriginal community which had been prepared by a consultant anthropologist ...."

Part 6

• Case No.:

  1. New Brunswick v Moreau-Berube [SCC]

     • File size: 146kb

     • Matter: "appeal involves .... the removal from office of a Provincial Court judge .... The Council concluded that her remarks created a reasonable apprehension of bias and a loss of the public trust. This Court must first establish the applicable standard of review of the Council's decision."

  2. Canada v Babcock [SCC]

     • File size: 72kb

     • Matter: "This case raises the issue of when, if ever, Cabinet confidences must be disclosed in litigation between the government and private citizens."

  3. AG v Steen [HL]

     • File size: 133kb

     • Matter: government - national security - ex-MI5 member was restrained by injunction from disclosing information about the Security Service - Punch Ltd published an article he wrote on incompetence of the Service - whether publication was in contempt of court - whether publication posed a threat to national security - whether injunction is a restraint on freedom of expression.

  4. Shamoon v The Chief Constable of the Royal Ulster Constabulary [HL]

     • File size: 220kb

     • Matter: ".... [in] deciding whether a woman who was dismissed received less favourable treatment than a man, it is necessary to compare like with like. The situations being compared must be such that, gender apart, the situation of the man and the woman are in all material respects the same." 

  5. MGN Ltd v Kiam II [CAEW]

     • File size: 105kb

     • Matter: "The jury made plain that their award was for aggravated compensatory damages. MGN Ltd, .... now appeal against the quantum of the award .... [W]hether the award of £105,000 was excessive ...."

  6. Kuwait Oil Tanker Co SAK v UBS AG [CAEW]

     • File size: 68kb

     • Matter: "Tomlinson J held that the debt owed by HSBC to the judgment debtor .... was a foreign debt whose lex situs was Hong Kong. That law would not recognise the effect of an English garnishee order ...." 

  7. Lee v Leeds City Council [CAEW]

     • File size: 136kb

     • Matter: "whether a local authority is under any .... obligation to a tenant or occupier of a dwelling house let as part of its housing stock in circumstances where the dwelling house is or has become unsuitable for occupation by reason of condensation, .... The appellants invite the Court to revisit that issue in the light of .... the Human Rights Act 1998."

  8. Wong v HKSAR [CFA]

     • File size: 81kb

     • Matter: "This appeal raises questions concerning the proper limits of cross-examination as to credit in a criminal trial and the scope of exceptions to the general rule that evidence is not admissible to contradict answers given on cross-examination as to credit."

  9. Director of Human Rights Proceedings v NZ Thoroughbred Racing Inc [NZCA]

     • File size: 56kb

     • Matter: "Mr. G was convicted .... of assaulting his wife. As a consequence of that conviction and of a conviction for theft .... long before the Gs were married, he was a person prohibited from entering a racecourse. Mrs. G was therefore also, in terms of r103, barred from racing horses." 

  10. Wellington District Law Society v Price Waterhouse [NZCA]

      • File size: 73kb

      • Matter: "the plaintiffs sued Price Waterhouse .... in negligence for failing to conduct audits to the appropriate standard and, .... failing to adequately investigate and report in a timely manner to WDLS breaches by the solicitors ...."

  11. McCain Foods (Aust) Pty Ltd v Conagra Inc [NZCA]

      • File size: 60kb

      • Matter: "we do not concur in the view .... that the test in s15 [Trade Marks Act 1953] is entirely forward-looking .... [T]he capacity to distinguish must be shown at the date of the application. It must be inherent in the mark ...."

  12. Russell McVeagh McKenzie Bartleet & Co v Auckland District Law Society [PC]

      • File size: 89kb

      • Matter: ".... whether the [Law] Society is entitled under s.101(3)(d) [Law Practitioners Act 1982] to require the firm to produce privileged documents for .... an inquiry .... [W]hether the Act, .... overrides any claim to legal professional privilege ...."

  13. Apple Fields Ltd v Damesh Holdings Ltd [PC]

      • File size: 35kb

      • Matter: mortgage - sale of mortgaged property - statutory duty (s.103A, Property Law Act 1952) to the mortgagor to take reasonable care to obtain the best price reasonably obtainable as at the time of sale.

  14. Friends of the Earth Ltd v Sec of State for Environment [CAEW]

      • File size: 78kb

      • Matter: energy - justification - British Nuclear Fuel Plc constructed a plant to manufacture MOX and applied to Environmental Agency (EA) to vary the gas and liquid discharge authorisations - whether when determining the economic factor for justifying the proposed manufacture, consideration ought to be given to capital costs of building the plant.

  15. Mr. B v Ontario Human Rights Commission [SCC]

      • File size: 78kb

      • Matter: "We accept the respondent's argument on the basis that adopting a broad meaning of "marital status" and "family status" is supported by the words of the statute, the applicable principles of interpretation, and the weight of existing discrimination jurisprudence."

Part 7

• Case No.:

  1. Securities & Exchange Commission v Zandford [USSC]

     • File size: 36kb

     • Matter: "Securities and Exchange Commission filed a civil complaint alleging that a stockbroker violated both §10(b) of the Securities Exchange Act of 1934, 48 Stat. 891, ...., by selling his customer’s securities and using the proceeds for his own benefit without the customer’s knowledge or consent."

  2. Atomic Energy of Canada Ltd v Sierra Club of Canada [SCC]

     • File size: 99kb

     • Matter: courts - confidentiality order - Canadian government granted financial assistance to China to build nuclear plants - appellant is main contractor & project manager - respondent applied to set aside the funding arrangement - affidavits filed by appellant to resist application contain reference to confidential documents which appellant could not disclose without authorisation of chinese authorities unless made under a confidentiality order - whether confidentiality order should be issued.

  3. P v NASUWT [HL]

     • File size: 96kb

     • Matter: labour - trade dispute - school governors directed reinstatement of P, a pupil expelled by school headmaster for disrputive behaviour - respondent union upon complaint from teachers notified school governors of its intention to ballot its members at the school for a decision on the action to be taken - two new teachers were left out - whether there was a trade dispute - whether the ballot was valid.

  4. The Baltic Surveyor [CAEW]

     • File size: 146kb

     • Matter: admiralty - damages - negligently moored vessel sank & in the process it holed & sank the Baltic Surveyor - a pontoon was also drag down & the trot mooring was damaged - assessing the value of the Baltic Surveyor & the pontoon.

  5. World Wrestling Federation Entertainment Inc v World Wide Fund for Nature [CAEW]

     • File size: 91kb

     • Matter: contract - restraint of trade - the parties are in dispute over the initial WWF - dispute was resolved by an agreement restraining use by the Federation of "the Initials whether in printed or written or other visual form" - in 1997 the Federation developed www.wwf.com & used a "scratched logo" of WWF - whether there is breach of contract - whether there is restraint of trade -  whether public would be confused.

  6. Prem Singh v Director of Immigration [CFA]

     • File size: 130kb

     • Matter: "From all over the world many persons not of Chinese nationality come to Hong Kong with valid travel documents, are given permission to enter and are then permitted to remain year after year."

  7. CIBC Mortgage Corporation v Vasquez [SCC]

     • File size: 112kb

     • Matter: ".... interpretations of the expression "obligation secured by the hypothec" [art. 2778 of the Civil Code of Québec, S.Q. 1991]." 

  8. Wise Finance Co Ltd v Braymist Ltd [CAEW]

     • File size: 94kb

     • Matter: "The judge held that section 36C(1) [Companies Act 1985] enabled the agent for the unformed company to enforce the contract." 

  9. King v Church [NZCA]

     • File size: 74kb

     • Matter: "Mr. King challenges on appeal the decision of the High Court at Auckland in favour of his former de facto partner Mr. Church that, following the termination of their relationship, Mr. Church should receive certain interests in property which Mr. King asserts to be exclusively his." 

  10. Holdgate v Holdgate [NZCA]

      • File size: 59kb

      • Matter: "The Judge reached that conclusion because he determined that the dissolution of the partnership occurred at the date of Andrew’s adjudication and not at the date the partnership ceased business." 

  11. Jennings v Buchanan [NZCA]

      • File size: 245kb

      • Matter: "whether a Member of Parliament may be held liable in defamation if the Member makes a defamatory statement in the House of Representatives – a statement which is protected by absolute privilege under art 9 of the Bill of Rights 1688." 

  12. Man O'War Station Ltd v Auckland City Council [PC]

      • File size: 87kb

      • Matter: "Anderson J in the High Court of New Zealand upheld on the basis of the implied dedication doctrine the public status of certain roads at the eastern end of Waiheke Island."

  13. Blanchfield v AG of Trinidad & Tobago [PC]

      • File size: 31kb

      • Matter: "The plaintiffs were descendants of landowners who had had their land compulsorily acquired in 1941. They sought declarations that the land in question had automatically reverted to them by operation of law in 1977 when the lease of the base was surrendered ...." 

  14. Chief Constable of Cleveland Police v McGrogan [CAEW]

      • File size: 65kb

      • Matter: "When a breach of the peace takes place (or is threatened) there is a common law power of arrest and detention available to “every citizen”." 

  15. The Daniels Corpn International Pty Ltd v Australian Competition & Consumer Commission [HCA]

      • File size: 218kb

      • Matter: "The Australian Competition and Consumer Commission .... served notices on Meerkin & Apel ....  requiring the production of documents held by them as a result of their having acted as solicitors for the first named appellant."

Part 8

• Case No.:

  1. The Commissioner of Official Languages v Lavigne [SCC]

     • File size: 139kb

     • Matter: "Lavigne, worked in the Montréal office of the Department of National Health and Welfare .... [He] filed four complaints with the Commissioner of Official Languages alleging that his rights in respect of language of work, and employment and promotion opportunities, had been violated. The respondent complained that he had been forced to use French."

  2. Canada v Lavallee, Rackel & Heintz [SCC]

     • File size: 155kb

     • Matter: privicy - legal profession privilege - search warrants for law offices in the course of criminal investigation - Canadian Criminal Code lays down procedure to carry out law office searches in the event of any claimed solicitor-client privilege - whether the legislative provision enabling law office searches is constitutional.

  3. Matthews v Min of Defence [HL]

     • File size: 202kb

     • Matter: "whether in English law he has .... for purposes of article 6 [Convention on Human Rights], a "civil right" to claim damages for tort against the Ministry of Defence." 

  4. L v Governors of J School [HL]

     • File size: 120kb

     • Matter: "The opinions of the majority will enable the scheme of Chapter V of the School Standards and Framework Act 1998, which gives an appeal panel the power to require that an excluded pupil should be reinstated, to continue in uneasy co-existence with the right of the teachers, as declared in today's decision of your Lordships in P v NASUWT [2003] UKHL 8, to take industrial action to prevent that from happening."

  5. Quintavalle v Sec of State for Health [HL]

     • File size: 93kb

     • Matter: medicine - cell nuclear replacement (CNR) - whether live human embryos created by CNR fall outside the Human Fertilisation and Embryology Act 1990 - whether licensing the creation of such embryos is prohibited by section 3(3)(d) of that Act

  6. Talbot v Buchler [CAEW]

     • File size: 128kb

     • Matter: company insolvency - liquidator's fees - priority of payment - whether the assets out of which the joint liquidators were entitled to be paid expenses and remuneration, pursuant to s.115 of Insolvency Act 1986, included the proceeds of realisation of those assets which had been subject to a floating charge under a debenture.

  7. CVC Opportunity Equity Partners Ltd v Almeida [PC]

     • File size: 65kb

     • Matter: company winding-up - just & equitable

  8. Utah v The Secretary of Commerce [USSC]

     • File size: 160kb

     • Matter: census - data collection - whether the "hot-deck imputation" method used by the Census Bureau to deal with gaps in its information and resolve conflicts in the data violates statutory prohibition on “the statistical method known as ‘sampling’” or is inconsistent with the Constitution’s statement that an “actual Enumeration” be made.

  9. H v Associated Newspapers Ltd [CAEW]

     • File size: 74kb

     • Matter: "According to the Guidelines, patients who had undergone .... ‘exposure prone procedures’, should have been notified that they had been treated by a worker who was HIV positive and offered HIV testing and advice. Most of H’s patients fell into this category. Accordingly N wished to carry out a patient notification exercise, otherwise known as a lookback. To do this N requested H to supply particulars of the patients and their medical records." 

  10. Next Magazine Publishing Ltd v Ma [CFA]

      • File size: 150kb

      • Matter: "The next question is whether the defence of fair comment was defeated by proof of "malice" or lack of honest belief .... By the time the jury had to consider "malice", they would have found the article to be defamatory and that the defence of fair comment had been established." 

  11. Moonen v Film & Literature Board of Review [NZCA]

      • File size: 70kb

      • Matter: censorship - sexual exploitation of children - whether the photographs of naked children which Moonen intended to use in a book were properly classified as tending to "promote and support the exploitation of children, or young persons for sexual purposes" under Films, Videos & Publications Classification Act 1993.

  12. Jaroo v The Attorney General of Trinidad & Tobago [PC]

      • File size: 67kb

      • Matter: human rights - property rights - police detained appellant's car on suspicion that it was a stolen vehicle - after 14 years no one was charged with any offence & the car was not returned to him - whether appellant had been deprived of his constitutional rights of “enjoyment of property” and “the right not to be deprived thereof” without due process.

  13. Hamilton v Papakura District Council [PC]

      • File size: 73kb

      • Matter: water supply - contamination - whether herbicides contamination in water is present in sufficient quantity to support appellants' claim in negligence, in contract (i.e. sale of goods - fitness for purpose) & under Ryland v Fletcher for the damage to their tomato crop.

  14. Sauve v Canada [SCC]

      • File size: 286kb

      • Matter: human rights - voting rights - whether criminals whilst serving prison terms is entitled to exercise to vote.

  15. Roberts v Bass [HCA]

      • File size: 392kb

      • Matter: defamation - qualified privilege - political debate during run-up to state election

Part 9

• Case No.:

  1. Eldred v Ashcroft [USSC]

     • File size: 219kb

     • Matter: copyrights - duration of copyright - Constitution allows Congress to extend copyright term - whether in execising the power Congress ought to differentiate between existing copyright & future copyright.

  2. The Federal Comminications Commission v NextWave Personal Communications Inc [USSC]

     • File size: 78kb

     • Matter: equality - bankrupt - appellant awarded respondent licence to operate broadband personal communications services - respondent failed to pay licence fees and was eventually insolvent - appellant revoked the licence - whether revocation violates s.525, Bankruptcy Code prohibition on discriminatory treatment of bankrupt.

  3. Macdonell v Quebec [SCC]

     • File size: 141kb

     • Matter: ".... whether the Commissioner's decision that the documents showing the expenses of a Member of the National Assembly are .... within the meaning of s. 34 of the Access Act is reasonable .... [W]hether the Commissioner's decision that the information in the documents requested includes nominative information that is exempt from disclosure is reasonable." 

  4. Neil v R [SCC]

     • File size: 72kb

     • Matter: "What are the proper limits of a lawyer's "duty of loyalty" to a current client in a case where the lawyer did not receive any confidential information that was (or is) relevant to the matter in which he proposes to act against the current client's interest?"

  5. Apotex Inc v Wellcome Foundation Ltd [SCC]

     • File size: 129kb

     • Matter: patent - new use for old product - case requires consideration on the statutory requirement for an invention in the context of a new use for an old chemical compound, and the related questions of who ought to have been included as inventors, and what is the appropriate remedy if someone who ought to have been included in the patent is left out.

  6. The Commissioner of Patents v Harvard College [SCC]

     • File size: 264kb

     • Matter: patent - invention - whether oncomouse, a higher life form, is an invention and therefore patentable.

  7. Malekshed v Howard de Walden Estates Ltd [HL]

     • File size: 135kb

     • Matter: "But divisions of a building, either as originally constructed or later adapted, are frequently not wholly along straight lines. A building may be divided from top to bottom, but the dividing line may have a 'kink' or a 'dog-leg' in it ...." 

  8. Pinder v R [PC]

     • File size: 87kb

     • Matter: human rights - flogging as punishment for convicted criminals - whether constitutional

  9. Kirvek Management & Consulting Services Ltd v The Attorney General of Trinidad & Tobago [PC]

     • File size: 41kb

     • Matter: government - immunity - court directed plaintiff to pay security for costs - direction did not mention deposition in interest-bearing account - whether placing of money in a non-interest bearing account was a discharge or a purported discharge of the responsibility in connection with the execution of judicial process.

  10. Henley v Mirvahedy [HL]

      • File size: 185kb

      • Matter: animals - owner's liability - appellant's horse escaped & caused accident with respondent - whether the keeper of an animal such as a horse strictly liable for damage caused by the animal when the animal's behaviour in the circumstances was in no way abnormal for an animal of the species in those circumstances.

  11. Sepet v Sec of State for the Home Department [HL]

      • File size: 126kb

      • Matter: asylum - persecution - appellant claimed refugee status & sought asylum on ground that if he returned to Turkey, he would be liable to perform military service on pain of imprisonment if he refused - His objections to military service stemmed from his political opposition to the policies of the then Turkish Government and from his wish not to be required to participate in actions, including atrocities, which he alleged to be perpetrated against his own people in the Kurdish areas of the country - whether he would face persecution.

  12. Geest Plc v Lansiquot [PC]

      • File size: 34kb

      • Matter: tort - damages - mitigation - whether the damages which the plaintiff would otherwise have received should have been reduced because she had failed to mitigate the damage she had suffered by undergoing a surgical operation on her back.

  13. Yuen Sung & Co v Chan [CFA]

      • File size: 100kb

      • Matter: lawyers - professional negligence - measure of damages

  14. Sanfield Building Contractors Ltd v Li [CFA]

      • File size: 49kb

      • Matter: evidence - res ipsa loquitur

  15. Boral Besser Masonry Ltd v Australian Competition & Consumer Commission [HCA]

      • File size: 509kb

      • Matter: "appeal concerns the application of Trade Practices Act 1974 (Cth) [s.46] to .... the appellant in .... the supply of concrete masonry products .... [W]hether the appellant had a substantial degree of power in a market, and whether it took advantage of that power ....'

Part 10

• Case No.:

  1. Ruby v Canada [SCC]

     • File size: 125kb

     • Matter: access to information - proceedings to challenge denial of access - whether the mandatory provision in the Privacy Act 1985 requiring ex parte in camera hearing of applications for information infringes rights and freedom of applicants guaranteed by the Charter of Rights and Freedom.

  2. Bank of Montreal v Ernst & Young Inc [SCC]

     • File size: 31kb

     • Matter: tort of conversion - cheque - sole shareholder and directing mind of two companies altered a cheque issued to one company by making the same payable to the other company; and deposited the cheque into the account of the other company - Bank accepted the deposit - whether Bank had acted with proper authority of first company. 

  3. SABAF Spa v MFI Furniture Centres [CAEW]

     • File size: 112kb

     • Matter: patent

  4. Bellinger v Bellinger [HL]

     • File size: 93kb

     • Matter: "Can a person change the sex with which he or she is born? .... More specifically, the question is whether the petitioner, Mrs. Elizabeth Bellinger, is validly married to Mr. Michael Bellinger."

  5. Northern Ireland Human Rights Commission v Her Majesty's Coroner [HL]

     • File size: 121kb

     • Matter: "The issue .... is whether the Northern Ireland Human Rights Commission [created by statute] ..., has power to intervene in a coroner's inquest to make submissions on human rights issues which arise in the proceedings of the inquest." 

  6. The Starsin [HL]

     • File size: 345kb

     • Matter: "The first and most crucial issue .... is whether the contracts to carry these various parcels of cargo were made by or on behalf of the shipowner, as the cargo owners contend, or by or on behalf of CPS, the charterers of the vessel, as the shipowner contends." 

  7. Fatac Ltd v Commissioner of Inland Revenue [NZCA]

     • File size: 115kb

     • Matter: landlord and tenant - distinction between tenancy and licence - whether the laws of New Zealand recognises the exclusive possession test drawn up in England to distinguish tenancy from licence.

  8. BBC v ProLife Alliance [HL]

     • File size: 187kb

     • Matter: "ProLife Alliance submitted a tape of its proposed broadcast to BBC, .... The .... programme was devoted to explaining .... different forms of abortion, with prolonged and graphic images .... Unquestionably the pictures are deeply disturbing .... [P]eople would find them distressing, .... Representatives of each broadcaster refused to screen ...." 

  9. Marchiori v The Environment Agency [CAEW]

     • File size: 138kb

     • Matter: ".... it seems .... to be plain that the law of England will not contemplate .... a merits review of any honest decision of government upon matters of national defence policy .... [T]here is more than one reason for this. The first, .... is that the court is unequipped to judge such merits or demerits. The second touches more closely the relationship between the elected and unelected arms of government." 

  10. Moseley v V Secret Catalogue Inc [USSC]

      • File size: 65kb

      • Matter: "§43 [Trademark Act of 1946, 15 U.S.C. § 1125] provide[s] a remedy for the “dilution of famous marks.” That amendment, .... defines the term “dilution” as “the lessening of the capacity of a famous mark to identify and distinguish goods or services.”"

  11. Norfolk & Western Railway Co v Ayers [USSC]

      • File size: 147kb

      • Matter: workplace injury - exposure to asbestos while on the job - may the worker’s recovery for his asbestosis-related “pain and suffering” include damages for fear of developing cancer

  12. Wellington City Council v Body Corporate 51702 (Wellington) [NZCA]

      • File size: 69kb

      • Matter: process contract - to conduct negotiation in good faith - whether contract is enforceable

  13. Sutherland vs Hutton [CAEW]

      • File size: 244kb

      • Matter: workplace injury - stress - whether workers may recover damages for pyschiatric illness caused by stress at work.

  14. Rees v Darlington Memorial Hospital NHS Turst [CAEW]

      • File size: 64kb

      • Matter: medical negligence - damages - negligently performed sterilisation operation - appellant (who is disabled) gave birth to baby - whether disabled appellant can recover costs of bringing up the child.

  15. New Zealand Meat Board v Paramount Export Ltd [NZCA]

      • File size: 157kb

      • Matter: international trade - export controls - 

Part 11

• Case No.:

  1. Mother of R (a child) v Applicant [CAEW]

     • File size: 51kb

     • Matter: "mother's appeal from the order of Hedley J .... when he granted the respondent's application for a declaration of paternity pursuant to section 28(3) [Human Fertilisation and Embryology Act 1990]."

  2. Secretary of State for Home Department v A, X & Y [CAEW]

     • File size: 227kb

     • Matter: "[Special Immigration Appeals Commission] .... quashed the Human Rights Act 1998 (Designated Derogation) Order 2001 and granted a declaration .... that s.23 [Anti-Terrorism, Crime and Security Act 2001] is incompatible with Arts.5 & 14 of the European Convention .... in so far as it permits detention of suspected international terrorists .... on the ground of nationality"

  3. Gregg v Scott [CAEW]

     • File size: 159kb

     • Matter: "The judge concluded that the failure of the respondent to refer the appellant for a specialist opinion .... delayed treatment by about 9 months, .... that the delay .... had significantly reduced the appellant’s chances of survival, .... Nevertheless, he dismissed the appellant’s claim ...."

  4. Arsenal Football Club Plc v Reed [CAEW]

     • File size: 105kb

     • Matter: "Arsenal is the internationally known football club. It is known as "Arsenal" or "the Gunners". Part of the business carried on by Arsenal involves the sale of products bearing the words "Arsenal", "Arsenal Gunners" and the device marks ...."

  5. Kearn-Price v Kent County Council [CAEW]

     • File size: 61kb

     • Matter: ".... [the appellant] was standing in the playground of Tunbridge Wells Boys Grammar School when he was struck in the eye by a full-size leather football .... [He] has lost all useful vision in his left eye. The school is controlled by the defendant council."

  6. Bank of Scotland v Henry Butcher & Co [CAEW]

     • File size: 101kb

     • Matter: "The guarantee, .... was signed by Mr. Morley, Mr. Schofield, Mr. Harriman and Mr. Derry. It was expressed to be given by HB&Co and Mr. Morley, Mr. Schofield, Mr. Harriman and Mr. Derry "the individual Partners of the said Firm as Partners and as individuals" and was expressed to have been "executed and delivered as a deed"." 

  7. Green v Lord Somerleyton [CAEW]

     • File size: 140kb

     • Matter: "Mr. Green seeks declaratory relief directed at establishing liability on the part of the defendants for loss and damage caused by .... the flood and by subsequent flooding."

  8. Cinderella Rockerfellas Ltd v Rudd [CAEW]

     • File size: 84kb

     • Matter: "The appeal thus raises the question of the rateability of floating vessels in the English law of rating and, incidentally, whether it diverges from Scottish law."

  9. Siddiqui v Council of the London Borough of Hillington [QBD]

     • File size: 190kb

     • Matter: ".... the action of the roots of oak trees in the Wood causing subsidence of the soil under House 9 and Garage 9 and consequent damage. That action of the trees roots was said to amount to a nuisance for which the Council was in law liable to Mr. and Mrs. Siddiqui."

  10. Human Fertilisation & Embryology Authority v Quintavalle [CAEW]

      • File size: 192kb

      • Matter: "For some years PGD screening against genetic disease had been carried out as part of IVF treatment licensed by the HFEA. Tissue typing had never, however, been carried out as part of such treatment and Dr Fishel considered that this procedure required express authorisation under licence from HFEA."

  11. Barnette v USA [CAEW]

      • File size: 62kb

      • Matter: "The Court in exercising its jurisdiction in relation to s.97 [Criminal Justice Act 1988] is acting in aid of the enforcement of the orders of the courts of designated countries and territories. How is it suggested that the courts of this jurisdiction could be contravening s.6 [Human Rights Act 1998] by exercising their jurisdiction under section 97?"

  12. Gough v Local Sunday Newspapers (North) Ltd [CAEW]

      • File size: 109kb

      • Matter: "What should happen when, the result of an election having been declared by the returning officer, a parcel of ballot papers is discovered uncounted? Surprisingly, perhaps, the rules of election law, comprehensive though they might appear, provide no answer."

  13. Welsh Rugby Union Ltd v Vowles [CAEW]

      • File size: 95kb

      • Matter: "The respondent, .... is confined to a wheelchair as a result of an injury sustained when playing rugby. The first appellant, Mr. Evans, was the referee of the match .... Welsh Rugby Union Ltd had appointed Mr. Evans as the referee .... They accept that, if Mr. Evans is liable .... they also are liable under the principle of vicarious liability."

  14. JI MacWillian Co Inc v Mediterranean Shipping Co SA [CAEW]

      • File size: 245kb

      • Matter: "The straight bill of lading issued by MSC to Coniston at Durban .... is the only contract document in evidence relating to the carriage. If it governed the complete voyage to Boston, then its terms relate directly to that second leg on which the machinery was damaged."

  15. Coflexip SA v Stolt Offshore MS Ltd [CAEW]

      • File size: 92kb

      • Matter: "For Coflexip to recover damages for that loss, they needed to plead and prove that a cause of the award of the contract to Stolt was the infringing method of pipe laying that was used or use of infringing apparatus."