Part 1

• Case No.:

  1. Begum v London Borough of Tower Hamlets [HL]

     • File size: 139kb

     • Matter: "The importance of this case is that it exposes .... the interrelation between the article 6(1) concept of "civil rights" on the one hand and the article 6(1) requirement of "an independent and impartial tribunal" on the other."

  2. Reg v Johnstone [HL]

     • File size: 130kb

     • Matter: "Another type of unlawful trading is 'bootlegging' .... They comprise copies of an unlawful recording of a performance at a live concert. The recording is made at an auditorium or taken from a radio or television broadcast."

  3. MacDonald v Advocate General for Scotland [HL]

     • File size: 255kb

     • Matter: "Mr. Macdonald was dismissed from the Royal Air Force because he was a homosexual. Ms Pearce was subjected to a sustained campaign of harassment .... because she was a lesbian."

  4. Randall v The Cayman Islands [PC]

     • File size: 87kb

     • Matter: "The primary ground of his appeal .... is that the trial was conducted in a manner which was grossly and fundamentally unfair. [The] .... prosecuting counsel, .... have undermined the integrity of the trial process. [T]he trial judge wrongly failed to restrain the conduct of prosecuting counsel ...."

  5. Reyes v Belize [PC]

     • File size: 126kb

     • Matter: "The first argument challenges the constitutionality of the mandatory death penalty, which is said to infringe both the protection against subjection to inhuman or degrading punishment or other treatment under section 7 of the constitution of Belize ...."

  6. Bernard Lau v Sec. of Justice [HCHK]

     • File size: 214kb

     • Matter: "What is challenged .... is the legality of the Ordinance in so far as it purports to reduce the pay of public officers. Specifically what is challenged is the compatability of the Ordinance with the Basic Law."

  7. The AG of Nova Scotia v Walsh [SCC]

     • File size: 285kb

     • Matter: ".... case involves a Charter challenge to the Nova Scotia Matrimonial Property Act, 1989, and asks whether its failure to include unmarried cohabiting opposite sex couples from its ambit violates s. 15(1). The challenge revolves around the definition of "spouse" ...."

  8. Chamberlain v The Board of Trustees of Surrey School District No 36 [SCC]

     • File size: 332kb

     • Matter: ".... School Board passed a resolution refusing to authorize three books for classroom instruction on the ground that they depicted families in which both parents were either women or men - "same-sex parented families" ...."

  9. Smith v Doe [USSC]

     • File size: 84kb

     • Matter: "Alaska Sex Offender Registration Act requires convicted sex offenders to register with law enforcement authorities, and much of the information is made public .... [W]hether the registration requirement is a retroactive punishment prohibited by the Ex Post Facto Clause." 

  10. Tranz Rail Ltd v The Commerce Commission [NZCA]

      • File size: 76kb

      • Matter: "the Act authorises specified judicial officers, ...., to issue a search warrant if satisfied that there are reasonable grounds to believe that it is necessary, for the purpose of ascertaining whether or not a person has engaged in or is engaging in conduct that constitutes or may constitute a contravention of the Act" 

  11. Smith v Sec of State for the Environment, Transport & Regions [CAEW]

      • File size: 100kb

      • Matter: "Whether Condition 5 .... was defective as it failed to require the proposed development to comply with the proposed tree planting and grassland seeding schemes and mitigation measures"

  12. JD v East Berkshire Community Health [CAEW]

      • File size: 168kb

      • Matter: "These three appeals .... involve accusations of abusing a child made against a parent by the professionals concerned for the welfare of that child. In each case the accusations proved to be unfounded. In each case a parent claims damages for psychiatric harm ...."

  13. Dunne v Dunlaoghaire Rathdown County Council [SCIre]

      • File size: 55kb

      • Matter: ".... they say that the defendants are admittedly about to remove the revetments of a medieval fosse. They say that this, together with the other remains of Carrickmines Castle, is a "national monument" ...."

  14. The Commissioners of Public Works in Ireland v Fletcher [SCIre]

      • File size: 197kb

      • Matter: ".... the plaintiffs were exposed to significant quantities of asbestos dust in the course of their employment and, .... were exposed to the risk of .... mesothelioma .... [and], as a result .... suffered from a recognisable psychiatric disorder."

  15. NSW v Lepore [HCA]

      • File size: 409kb

      • Matter: "If a teacher employed by a school authority sexually abuses a pupil, is the school authority liable in damages to the pupil?"

Part 2

• Case No.:

  1. AG v Rusbridger [HL]

     • File size: 93kb

     • Matter: ".... whether the editor of a newspaper, who conducts a press campaign advocating the peaceful and constitutional replacement of the monarchy by a republican form of government, may be guilty of an offence under section 3 of the Treason Act 1848."

  2. HSBC Ltd v Societe Eram Shipping Co Ltd [HL]

     • File size: 187kb

     • Matter: "This appeal is against the making of .... a garnishee order absolute .... in relation to a foreign debt. The House is called upon to consider the power of the English court to make an order in such a case and, if there is power, the manner in which it should be exercised."

  3. Cullen v Chief Constable of the Royal Ulster Constabulary [HL]

     • File size: 154kb

     • Matter: "police officer arrested the appellant under .... Prevention of Terrorism (Temporary Provisions) Act 1989, .... [A] police officer .... issued four authorisations denying him a right of access to a solicitor .... The trial judge found that the Police at all times had reasonable grounds to delay access to a solicitor ...."

  4. "R" v AG for England & Wales [PC]

     • File size: 56kb

     • Matter: "R was serving with A Squadron .... The regimental commanding officer .... told them that confidentiality contracts would soon be introduced and that all members who wanted to remain in the regiment would be required to sign one."

  5. Schmidt v Rosewood Trust Ltd [PC]

     • File size: 101kb

     • Matter: ".... common for wealthy individuals .... to place funds .... into trusts .... in, territories with which the settlor has no substantial connection. These territories [tax havens] are chosen .... because they are supposed to offer .... confidentiality and protection from fiscal demands ...."

  6. Swire Properties Ltd v HKSAR [CFA]

     • File size: 95kb

     • Matter: "what Lord Diplock said in The Nema comes to essentially this: leave should not normally be given in "one-off" disputes unless the arbitral tribunal's construction is "obviously wrong"; but leave can sometimes be given in "standard clause" disputes as long as there is at least "a strong prima facie case" that the arbitral tribunal's construction is wrong."

  7. AIA Life Co Ltd v Martin [SCC]

     • File size: 50kb

     • Matter: "The appellant insurers maintain that Dr. Easingwood's death was not effected through "accidental means" .... that his self-injection of that particular dosage of demerol was a deliberate act, ...."

  8. Editions Chouttee (1987) Inc v Desputeaux [SCC]

     • File size: 132kb

     • Matter: "[Caillou] is now making a contribution to .... the field of intellectual property .... [P]eople who consider themselves to be his mothers are engaged in battle for him. The respondent claims exclusive maternity. The appellants believe it was a joint effort."

  9. US v Mountain Apache Tribe [USSC]

     • File size: 57kb

     • Matter: "does the Court of Federal Claims have jurisdiction over the White Mountain Apache Tribe’s suit against the United States for breach of fiduciary duty to manage land and improvements held in trust for the Tribe but occupied by the Government. We hold that it does."

  10. Canterbury Spinners Ltd v Vaughan [NZCA]

      • File size: 81kb

      • Matter: "The Authority has exclusive jurisdiction under the Employment Relations Act 2000 s161 to make determinations about employment relationships generally, including disputes about the interpretation, application or operation of an employment agreement."

  11. Hewden Tower Cranes Ltd v Yarm Road Ltd [CAEW]

      • File size: 111kb

      • Matter: "did the climbing operation [of Tower Crane 3] .... fall within the meaning of "erection of any plant" [cl. 13(c)(ii), CPA Conditions]? If it did, then .... Hewden would be exposed to liability to Yarm for the claims against it arising out of the collapse of TC3."

  12. Inter Lotto (UK) Ltd v Camelot Group Plc [CAEW]

      • File size: 74kb

      • Matter: "Inter Lotto operates lotteries in public houses, under the name, "HOTSPOT". The present proceedings concern a particular feature of the lottery organised by Inter Lotto, which enables a player to ask for draw numbers to be selected randomly, and the similar name of a lottery game run by Camelot."

  13. Termidor Music Publishers Ltd v Peer International Corporation [CAEW]

      • File size: 104kb

      • Matter: "Peer sought declarations that they were the owners, alternatively exclusive licensees, of the United Kingdom copyright in respect of certain musical works composed by Cuban nationals .... [T]hat their rights stem from assignments in writing by the composers ...."

  14. The Motor Insurance Bureau of Ireland v Corcoran [SCIre]

      • File size: 46kb

      • Matter: "It is an act of folly to leave one's motor car in the public street, even for a short time, with the keys in the ignition .... The consequences can be tragic. But what is the liability of the imprudent car owner to a person injured by the bad driving of the thief? "

  15. Australian Competition & Consumer Commission v CG Berbatis Holdings Pty Ltd [HCA]

      • File size: 235kb

      • Matter: "whether the lessors of premises [shopping centre] .... was "unconscionable ...." in stipulating, as a condition of their consent to a proposed renewal or extension of a lease, in contemplation of its assignment, a requirement that the lessees would abandon certain claims against them."

Part 3

• Case No.:

  1. Giles v The Parole Board [HL]

     • File size: 146kb

     • Matter: "The sentence passed on a discretionary life sentence prisoner has two components, the first punitive, the second protective. The only justification for continued detention of a prisoner who has served the punitive part of his sentence is the need to protect the public. But a prisoner's danger to the public, .... may diminish or disappear."

  2. Mulkerrins v PriceWaterhouse Coopers [HL]

     • File size: 66kb

     • Matter: "Ms Mulkerrins claims damages from her former professional advisers Pricewaterhouse Coopers for having negligently failed to protect her from bankruptcy .... [S]he has been shamefully ill-served by her former advisers, by the law of insolvency, and by the civil justice system."

  3. Congleton Borough Council v Tomlinson [HL]

     • File size: 138kb

     • Matter: ".... John Tomlinson decided that he wanted to cool off. So he ran out into the water and dived. He had done the same thing many times before. But this time the dive was badly executed because he struck his head hard on the sandy bottom."

  4. B v AG [PC]

     • File size: 44kb

     • Matter: "In the present case a father and his two daughters (D1 and D2) claim damages in respect of the allegedly negligent way a social worker and a clinical psychologist investigated a complaint that the father had sexually abused D2."

  5. Wight v Eckhardt Marine GmbH [PC]

     • File size: 43kb

     • Matter: ".... validity of the debt was governed .... by its situs. The situs of the debt had originally been Bangladesh. But on the making of the winding up order .... it became a claim to participate in the distribution of assets .... and the situs of that claim was the Cayman Islands."

  6. HKSAR v Lee [CFA]

     • File size: 201kb

     • Matter: "an appeal by the Secretary for Justice from an order .... by Seagroatt J, .... to stay permanently criminal proceedings against the respondent on the ground of abuse of the court's process."

  7. Information Commissioner of Canada v Commissioner of the Royal Canadian Mounted Police [SCC]

     • File size: 91kb

     • Matter: "case concerns the application and interaction of the Access to Information Act and the Privacy Act, as they relate to a request for information pertaining to four members of the Royal Canadian Mounted Police .... [W]hether the requested information .... [is] excluded from the ambit of [the Act]."

  8. Siemens v Manitoba [SCC]

     • File size: 86kb

     • Matter: "Approximately 50 percent of eligible voters participated in the plebiscite, .... A sizeable majority .... were in favour of requesting a ban on VLTs ....  Town of Winkler passed a resolution .... to forward the results to the Government of Manitoba. Sie-Cor Properties Inc., in turn, filed an application .... seeking a declaration that the resolution was invalid and an order of certiorari quashing it."

  9. Clackamas Gastroenterology Associates PC v Wells [USSC]

     • File size: 44kb

     • Matter: "The Americans with Disabilities Act of 1990.... is inapplicable to very small businesses .... [W]hether four physicians actively engaged in medical practice as shareholders and directors of a professional corporation should be counted as “employees.”"

  10. NZ Payroll Software Systems Ltd v Advanced Management Systems Ltd [NZCA]

      • File size: 47kb

      • Matter: "The first respondent contends that the Crown’s purported assignment of the copyright [in computer programs] to NZPSS was invalid .... [T]he assignment required the consent of AMS which was never sought, let alone given."

  11. McGaveston v NMFM Mortgages Ltd [NZCA]

      • File size: 43kb

      • Matter: "A review of the cases indicates that the Courts have little appetite for mix and match arguments; this to the point where there is now, plainly, a predisposition on the part of Judges against a construction that would permit such an argument to succeed."

  12. Smithkline Beecham Plc v Generics (UK) Ltd [CAEW]

      • File size: 86kb

      • Matter: ".... two appeals against orders of Pumfrey J which had the effect of preventing SmithKline Beecham Plc (SB) from using certain documents in their case against Apotex which is currently before the judge."

  13. Bown v Sec of State for Transport [CAEW]

      • File size: 83kb

      • Matter: "The only live issue relates to the environmental effect of a proposed bridge across the Taw estuary .... [T]he complaint is that the Secretary of State failed to treat the Taw and Torridge Estuary as having the status of a Special Protection Area for Birds, as required by EC law."

  14. An Bord Pleanala v Ashbourne Holdings Ltd [SCIre]

      • File size: 105kb

      • Matter: "There is presently no use of the golf course lands for general public access for any purpose; it seems to me that the effect of the public access condition is to create a new use and not to control or restrict an existing one."

  15. Dovuro Pty Ltd v Wilkins [HCA]

      • File size: 205kb

      • Matter: "The canola seed distributed by the appellant was not sold as being free of weeds. It was sold as of "minimum 99% purity" .... the Western Australian agricultural authorities became concerned about possible harm, and declared the weeds as prohibited species."

Part 4

• Case No.:

  1. Actionstrength Ltd v International Glass Engineering In.Gl.en SpA [HL]

     • File size: 71kb

     • Matter: "St-Gobain denies that such an agreement was made and in any event invokes the Statute of Frauds 1677. It is now accepted that the agreement falls within the scope of section 4 of the Statute of Frauds. But Actionstrength replies that St-Gobain is estopped from relying on the statute ...."

  2. Parochial Church Council of the Parish of Aston Cantlow v Wallbank [HL]

     • File size: 246kb

     • Matter: ".... whether the .... proceedings against [Wallbank] is rendered unlawful by s.6 [Human Rights Act] as an act by a public authority which is incompatible with a Convention right. In answering this question the initial step is to consider whether the plaintiff is 'a public authority'."

  3. Rhys-Harper v Relaxion Group Plc [HL]

     • File size: 318kb

     • Matter: ".... whether discriminatory acts done by an employer after termination of an employee's contract of employment are outside the scope of the anti-discrimination legislation."

  4. Waikato Regional Airport Ltd v AG [PC]

     • File size: 131kb

     • Matter: "Biosecurity can be described as protection and remedial action against harmful organisms .... which may infect humans, animals or plant life. One aspect of biosecurity is the maintenance of border controls, in order to provide protection against harmful organisms from outside."

  5. National Commercial Bank (Jamaica) Ltd v Raymond Hew [PC]

     • File size: 47kb

     • Matter: "The trial judge rejected Mr. Hew’s pleaded claim to damages for negligence but upheld his claim to have the [loan] transaction set aside on the ground of undue influence."

  6. Bike World Ltd v The Comptroller of Customs, Mauritius [PC]

     • File size: 41kb

     • Matter: "Baby walkers differ from baby strollers, which are designed to enable people to push babies from place to place. Baby strollers are, in effect, a kind of baby carriage. It is not self-evident that baby walkers are akin to baby carriages. But at first sight Mr. Mauthoor’s contention that these are the goods to which baby walkers are “most akin” was not unreasonable."

  7. Dailey v Dailey [PC]

     • File size: 42kb

     • Matter: ".... a dispute between the parties concerning their matrimonial property."

  8. Shell Hong Kong Ltd v Yeung Wai Man Kiu Yip Co Ltd [CFA]

     • File size: 41kb

     • Matter: "If the judgment .... was an interlocutory judgment, the Court of Appeal comprising .... had jurisdiction to entertain an appeal from that judgment. If it was a final judgment, then the Court of Appeal so constituted had no jurisdiction ...."

  9. Demore v Kim [USSC]

     • File size: 190kb

     • Matter: "The District Court agreed with respondent that §1226(c)’s requirement of mandatory detention for certain criminal aliens [for removal proceedings] was unconstitutional."

  10. Harder v The Proceedings Commissioner [NZCA]

      • File size: 101kb

      • Matter: "Whether the High Court erred in law in concluding that the tape recording of unsolicited telephone call/s to the Appellant's legal office amounted to "collecting" in terms of the Privacy Act 1993."

  11. Keelan v Peach [NZCA]

      • File size: 55kb

      • Matter: "While we do have considerable sympathy .... we have no doubt that Paterson J was correct in his ruling. Whangai are not "children of the deceased" within the meaning of s 3 of the Family Protection Act 1955."

  12. Storage Computer UK Ltd v Hitcahi Data System Ltd [CAEW]

      • File size: 112kb

      • Matter: "Storage alleged that Hitachi Data Systems Ltd had infringed the patent. Pumfrey J .... held that the patent was not infringed .... that claims 1 and 2 were invalid ...."

  13. Gwembe Valley Development Co Ltd v Koshy [CAEW]

      • File size: 204kb

      • Matter: ".... did the managing director .... deliberately and dishonestly fail to disclose his personal interest in transactions with the company and, if so, is he liable to account ...."

  14. People v AG [SCIre]

      • File size: 55kb

      • Matter: ".... the maximum sentence [for] indecent assault where the complainant was a male was 10 years penal servitude, but where the complainant was a female was 2 years ...., the statutory provision .... constituted an unlawful discrimination ...."

  15. Cattanach v Melchior [HCA]

      • File size: 570kb

      • Matter: "If, in consequence of medical negligence, a couple become the parents of an unintended child, can a court, in an award of damages, require the doctor to bear the cost of raising and maintaining the child?"

Part 5

• Case No.:

  1. Lloyds TSB General Insurance Holdings v Lloyds Bank Group Insurance Co Ltd [HL]

     • File size: 73kb

     • Matter: "The LAUTRO Code of Conduct required a sales representative to make a detailed analysis in order to give the investor what was compendiously called "best advice" on all relevant aspects of the decision. It imposed a positive duty upon the salesman to advise the employee against giving up his rights under the occupational scheme ...."

  2. London Borough of Harrow v Qazi [HL]

     • File size: 211kb

     • Matter: ""Everyone has the right to respect for .... his home ...." [Art.8, European Convention on Human rights] This appeal concerns the meaning of that provision and its application to the facts of this case."

  3. Sec of State for Trade & Industry v Wilson [HL]

     • File size: 272kb

     • Matter: "The answer to this difficulty lies in the principle underlying the presumption against retrospective operation and the similar but rather narrower presumption against interference with vested interests. These are established presumptions but they are vague and imprecise."

  4. Belize Alliance of Conservation Non-Governmental Orgainsations v The Department of Environment [PC]

     • File size: 124kb

     • Matter: "The Chalillo dam proposal has aroused strong opposition from environmentalists, .... The dam will flood nearly 10 square kilometres of land .... designated for preservation ...."

  5. Bishop of Roman Catholic Diocese of Port Louis v Tengur [PC]

     • File size: 63kb

     • Matter: "The father [of an 11-year old Hindu girl] feared that the allocation system .... might prejudice his daughter’s admission to one of the Catholic colleges if she did not score highly enough in the examination ...."

  6. Emperor Finance Ltd v LaBelle Fashions Ltd [CFA]

     • File size: 179kb

     • Matter: "Trading in Hang Seng Index Futures involves taking positions on the movement of the underlying stock market index during a specified month. A trade involves opening a contract with the Hong Kong Futures Exchange ...."

  7. Li v Sec of Justice [CFA]

     • File size: 30kb

     • Matter: "The appellant was charged with obtaining access to .... the Inland Revenue Department's computer system, with a view to dishonest gain for himself or another, contrary to s.161(1)(c) [Crimes Ordinance, Cap 200]. He was acquitted after trial ...."

  8. Wong v Ricacorp Properties Ltd [CFA]

     • File size: 131kb

     • Matter: "the Court of First Instance, ordered the respondents .... to purchase the petitioner's minority shareholding in Ricacorp Properties Ltd. The deputy judge made a second order .... giving directions for the valuation of the petitioner's shares required to be purchased ...."

  9. Dole Food Co v Patrickson [USSC]

     • File size: 51kb

     • Matter: "Foreign states may invoke certain rights and immunities in litigation under the Foreign Sovereign Immunities Act of 1976 .... Some of the Act’s provisions also may be invoked by a corporate entity that is an “instrumentality” of a foreign state as defined by the Act."

  10. Miglin v Miglin [SCC]

      • File size: 345kb

      • Matter: "this appeal presents the Court with an opportunity to address directly the question of the continued application of the Pelech trilogy (Pelech v Pelech, [1987] 1 S.C.R. 801; Richardson v Richardson, [1987] 1 S.C.R. 857; Caron v Caron, [1987] 1 S.C.R. 892) ...."

  11. EI Du Pont de Nemours & Co v ST Dupont [CAEW]

      • File size: 146kb

      • Matter: "The third ground .... alleged that by reason of long and established use by STD of their name S.T. DU-PONT in relation to a wide range of clothes, use of the trade mark DU PONT would be likely to deceive or cause confusion and would be disentitled to protection in a court of justice. Thus registration would offend section 11 of the Act."

  12. United States of America v Cullinane [NZCA]

      • File size: 97kb

      • Matter: "Instead of listing individual offences, treaties and statutes based on the eliminative approach simply define extraditable offences as all conduct punishable by a sentence exceeding in severity an agreed minimum threshold. This approach almost invariably explicitly gives effect to the principle of ‘double criminality’."

  13. Binnie v Pacific Health Ltd [NZCA]

      • File size: 35kb

      • Matter: "Against his total recovery of $71,299.71 Dr Binnie has had to pay his own legal expenses .... [A]fter paying his own costs Dr Binnie was left with a shortfall .... This result, .... is all the more stark in view of the fact that .... he was forced to bring proceedings to clear his name ...."

  14. Macleod v The Queen [HCA]

      • File size: 163kb

      • Matter: "[Appeal] concerns an offence .... which comprises the fraudulent taking or application, by a company director, officer or member, of property of the company, for the use or benefit of that person, .... Here, the sole beneficial shareholder of the company was the appellant."

  15. Permanent Trustee Australia Ltd v Fai General Insurance Co Ltd [HCA]

      • File size: 124kb

      • Matter: "The case for the respondent was that if it had known of the appellants' intention to seek another insurer in its place it would have rejected any extension of the existing cover, for commercial reasons associated with the breakdown of the relationship ...."

Part 6

• Case No.:

  1. Bristol Magistrates Court v Junttan Oy [HL]

     • File size: 157kb

     • Matter: "whether the Health and Safety Executive was entitled, ...., to prosecute Junttan Oy for contravention of section 6 [Health and Safety at Work etc Act 1974], as distinct from bringing proceedings under regulation 29(a) of the Supply of Machinery (Safety) Regulations 1992."

  2. Darlington Memorial Hospital NHS Trust v Rees [HL]

     • File size: 197kb

     • Matter: "The claimant .... suffers a severe and progressive visual disability, .... [and] wished to be sterilised .... a consultant employed by the appellant NHS Trust, who carried out a sterilisation operation but did so negligently, and the claimant conceived and bore a son .... normal and healthy .... She claimed .... the cost of rearing the child."

  3. Pratt Contractors Ltd v Transit New Zealand [PC]

     • File size: 51kb

     • Matter: "Transit accepts, ...., that the request for tenders was not a mere invitation to treat and did give rise to a preliminary contract .... It also accepts that the contract included an implied duty to act fairly and in good faith. But the parties differ over exactly what these procedural obligations were and over what counts as acting fairly and in good faith."

  4. Super Chem Products Ltd v American Life & General Insurance Co Ltd [PC]

     • File size: 70kb

     • Matter: "Contract law cannot and does not prevent an insurer from resisting a claim on alternative bases, one involving an allegation of fraud and the other breaches of policy conditions. It would be contrary to principle and business common sense, ...."

  5. Foley v The Commissioner of An Garda Siochana [SCIre]

     • File size: 24kb

     • Matter: "The learned judge added that, in his view, contrary to what had been argued on behalf of the plaintiff, the inclusion of the defendant in the witness protection scheme would not inhibit the plaintiff in the execution of his judgment."

  6. Feakins v Secretary of State for Environment [CAEW]

     • File size: 109kb

     • Matter: "appeal concerns the manner in which .... potentially contaminated material left by the defendant on or under the claimant’s farm land may be disposed of ...."

  7. Jikan Development Ltd v The Incorporated Owners of Million Fortune Industrial Centre [CFA]

     • File size: 70kb

     • Matter: "The right of an owner, to the exclusion of the co-owners, to charge fees for the use of an area within the lot boundaries for the purposes of parking;"

  8. Cheung v Tang [CFA]

     • File size: 31kb

     • Matter: "Can a squatter acquire a possessory title to land through his tenant's occupation of the land?"

  9. ECU-Line NV v ZI Pompey Industrie [SCC]

     • File size: 76kb

     • Matter: "appellant submits that the appropriate test .... for a stay of proceedings to uphold a forum selection clause .... is the "strong cause" test [The "Eleftheria", [1969] 1 Lloyd's L.R. 237 (Adm. Div.)]. The respondents, however, contend that the Federal Court of Appeal was correct in applying the tripartite test .... in American Cyanamid ...."

  10. Attorney General of Canada v Authorson [SCC]

      • File size: 59kb

      • Matter: "The Bill of Rights allows the deprivation of .... property only through due process of law. At issue in this appeal is the validity of a federal statute that purportedly extinguished the claims of disabled veterans to interest on their governmentally administered pensions."

  11. State Farm Mutual Automobile Insurance Co v Campbell [USSC]

      • File size: 73kb

      • Matter: "whether, .... an award of $145 million in punitive damages, where full compensatory damages are $1 million, is excessive and in violation of the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States."

  12. Purja v Minister of Defence [CAEW]

      • File size: 138kb

      • Matter: "Ghurkhas have fought for the Crown for nearly 200 years. Their valour is legendary. [T]hey formed an integral part of the British Army. In no way are they to be regarded as mercenaries. But they serve, and after service are pensioned, on terms wholly different from those applying to the rest of Her Majesty’s Forces."

  13. Antons Trawling Co Ltd v Smith [NZCA]

      • File size: 150kb

      • Matter: "The root of title is the issue under the quota management system of Individual Transferable Quota (ITQ) which is a statutory chose in action comprising a fraction of the total of exclusive rights to fish commercially a particular species of fish ...."

  14. Neat Domestic Trading Pty Ltd v AWB Ltd [HCA]

      • File size: 201kb

      • Matter: "appellant is a domestic and international grain trader .... On six occasions .... the appellant sought the consent of the Wheat Export Authority to the bulk export of durum wheat .... In each case AWBI declined to give its approval, and the Authority was obliged to withhold consent."

  15. Gifford v Strang Patrick Stevedoring Pty Ltd [HCA]

      • File size: 187kb

      • Matter: ".... claims for damages for negligently inflicted psychiatric injury brought by the children of a man who was killed in an accident at work .... [W]hether the man's employer owed a duty of care to the children."

Part 7

• Case No.:

  1. Beresford v City of Sunderland [HL]

     • File size: 123kb

     • Matter: ".... whether the Sunderland City Council erred in law in refusing to register as a "town or village green" under the Commons Registration Act 1965 an area of land known as the Sports Arena ...."

  2. Edison First Power Ltd v Central Valuation Officer [HL]

     • File size: 169kb

     • Matter: ".... the presumption against double taxation is one facet of a wider common sense principle of the construction of statutes by which courts will often imply qualifications into the literal meaning of wide and general words in order to prevent them from having some unreasonable consequence which it is considered that Parliament could not have intended."

  3. Wills v Wills [PC]

     • File size: 55kb

     • Matter: ".... property is owned by a husband and wife as joint tenants and there is a breakdown of the marriage leading to separation and divorce .... whether one co-owner (in this case, the husband) acquired title by possession from the other co-owner (his first wife)."

  4. Worme v The Commissioner of Police [PC]

     • File size: 97kb

     • Matter: "Does the freedom of expression guaranteed by section 10 [Constitution of Grenada] protect a freedom to publish material discussing political matters ...."

  5. Neary v Gough [SCIre]

     • File size: 188kb

     • Matter: ".... the first-defendant performed an unnecessary hysterectomy ....; made false representations to the effect that the operation had been necessary; and used his professional position in an overbearing and melodramatic manner to prevent her, until the limitation period had run, from making further enquiries."

  6. Society for Protection of the Harbour Ltd v The Chief Executive in Council [HCHK]

     • File size: 57kb

     • Matter: "The reclamation is to provide land for .... essential transport infrastructure .... for a waterfront promenade and associated facilities .... applicant contends that it is unlawful because the extent of the reclamation work contravenes s.3 of the Harbour Ordinance, Cap.531."

  7. Inyo County v Paiute-Shoshone Indians [USSC]

     • File size: 38kb

     • Matter: "county law-enforcement officers executed a state court warrant for casino employment records kept by the Tribe on its reservation. The Tribe sued the County, the District Attorney, and the Sheriff in federal court, asserting sovereign immunity from state court processes and seeking declaratory, injunctive, and monetary relief."

  8. Pharmaceutical Research & Manufacturers of America v Walsh [USSC]

     • File size: 114kb

     • Matter: "The “Maine Rx” program, .... is primarily intended to provide discounted prescription drugs to Maine’s uninsured citizens .... [A]n association of non-resident drug manufacturers has challenged the constitutionality of the Maine Rx Program, ...."

  9. Totes Isotoner (UK) Ltd v A Fulton Co Ltd [CAEW]

     • File size: 58kb

     • Matter: "Fultons claimed infringement on two bases – that C was made by copying the design of the whole article and was substantially to that design or that C was made by copying the design of part of the whole article and was an exact reproduction of that part."

  10. Canadian Cable Television Association v Barrie Public Utilities [SCC]

      • File size: 149kb

      • Matter: ".... Canadian Cable Television Association seeks access to the power poles of the respondent power utilities for the purpose of supporting cable television transmission lines. In the past, the CCTA's members have rented space from the Utilities under private contract. Since 1996, however, the parties have been unable to reach agreement."

  11. Opthamological Society of New Zealand Inc v The Commerce Commission [NZCA]

      • File size: 70kb

      • Matter: "a party may lose the benefit of legal professional privilege, including litigation privilege, by its conduct in the course of litigation .... where a party’s use of the material destroys that confidentiality, even if unintentionally, or is inconsistent with the party legitimately continuing to assert it, the privilege is treated as waived."

  12. Attorney General v Daniels [NZCA]

      • File size: 227kb

      • Matter: "High Court holds the State in breach of educational obligations owed to children with disabilities. The parents of 15 children with special educational needs challenged, by way of judicial review, government decisions to introduce a new programme, Special Education 2000."

  13. Johnson v Gore Wood & Co [CAEW]

      • File size: 227kb

      • Matter: "the key question on this appeal is the scope of Gore Wood’s duty on the facts of this case in the sense of Gore Wood’s responsibility for Mr. Johnson’s loss. To find the correct measure of Gore Wood’s responsibility, the court must ask whether the loss claimed is the kind of loss in respect of which the duty was owed."

  14. CSL Pacific Shipping Inc v The Maritime Union of Australia [HCA]

      • File size: 89kb

      • Matter: "The application sought a variation to the Maritime Industry Seagoing Award 1999. The variation would relevantly add to Sched 1 of the Award "CSL Pacific Shipping Inc, and any other person or corporation who from time to time is the employer of the crew engaged upon the ship CSL Pacific". In this Court, relief is sought under s 75(v) of the Constitution against what is said to be the erroneous assumption of jurisdiction by the AIRC."

  15. Gibbs v Mercantile Mutual Insurance (Australia) Ltd [HCA]

      • File size: 248kb

      • Matter: ".... respondent issued a policy of insurance which indemnified the appellants if, by reason of their interest in the vessel "Lone Ranger", they incurred legal liability to third parties. The question in this appeal is whether the policy was a contract to which the Marine Insurance Act 1909 (Cth) applied."

Part 8

• Case No.:

  1. Von Brandenburg v East London & the City Mental Health NHS Trust [HL]

     • File size: 57kb

     • Matter: "appellant challenges a ruling of the Court of Appeal .... expressed in this way: ''When a mental health review tribunal has ordered the discharge of a patient, is it lawful to re-admit him under section 2 or section 3 of the [Mental Health Act 1983] where it cannot be demonstrated that there has been a relevant change of circumstances?."

  2. I.H. v Secretary of State for the Home Department [HL]

     • File size: 125kb

     • Matter: "This appeal raises important questions of principle and practice concerning the conditional discharge from hospital of restricted patients."

  3. Boodhoo v The Attorney General of Trinidad & Tobago [PC]

     • File size: 34kb

     • Matter: ".... the appellants claim that their constitutional rights .... have been infringed in consequence of delay in issuing a decision of the Court of Appeal ...."

  4. Maranda v Leblanc [SCC]

     • File size: 95kb

     • Matter: ".... requirements governing the issuance and execution of warrants to search lawyers' offices, particularly as they relate to the duty to minimize any violation of solicitor-client privilege .... whether the information in lawyers' billings is privileged .... application of what is called the "crime exception" ...."

  5. I v Minister of Justice, Equality & Law Reform [SCIre]

     • File size: 28kb

     • Matter: ".... an application on behalf of the United Nations High Commissioner for Refugees (hereafter "the UNHCR") for leave to appear as an amicus curiae in this appeal."

  6. Illinois ex rel Madigan v Telemarketing Associates [USSC]

     • File size: 61kb

     • Matter: "fundraisers’ contracts with a charitable non-profit corporation organized to advance the welfare of Vietnam veterans; .... the fundraisers were to retain 85 percent .... The State Attorney General .... alleges that the fundraisers defrauded .... the public by falsely representing that “a significant amount of each dollar donated would be paid over to [the veterans organization] ...."

  7. Istituto Gentili SpA v Teva Pharmaceutical Industries Ltd [CAEW]

     • File size: 114kb

     • Matter: "first appellant, ...., is the patentee in relation to UK Patent No:2 118 042, ...., entitled "Pharmaceutical compositions containing pharmacologically active bisphosphonates". The specification states that such a composition is "suitable for the treatment of urolithiasis and capable of inhibiting the bone re-absorption"."

  8. R v Williams [SCC]

     • File size: 65kb

     • Matter: "whether an accused who fails to disclose that he is HIV-positive can be convicted of an aggravated assault endangering life by engaging in unprotected sex with a complainant who, at the time of the alleged assault, could herself have been infected with HIV."

  9. Minister of Labour v Canadian Union of Public Employees [SCC]

     • File size: 216kb

     • Matter: "With regard to judicial review for abuse of discretion, .... the balance of factors in this case militates unambiguously for the patent unreasonableness standard of review .... In reviewing discretionary appointments, I think it unhelpful and inappropriate, under the pragmatic and functional approach, to separate the Minister's interpretation of the scope of his power ...."

  10. Flathaug v Weaver [NZCA]

      • File size: 41kb

      • Matter: "appeal against a judgment of Priestley J in which he ordered further provision of $90,000 under the Family Protection Act 1955 out of the estate of Ludvik Kristian Stein Flathaug in favour of his ex-nuptial daughter ...."

  11. Commerzbank AG v Price-Jones [CAEW]

      • File size: 107kb

      • Matter: ".... two issues. The first turns on the construction of two employment contract documents. The second .... concerns the circumstances in which change of position and disenrichment defeat a claim of unjust enrichment."

  12. Carter Holt Harvey Ltd v McKernan [NZCA]

      • File size: 67kb

      • Matter: "Does the contract of guarantee which the defendants granted to John Edmond Ltd, in respect of the liabilities of Pioneer Builders Ltd continue in respect of liabilities incurred by Pioneer Builders Ltd to the plaintiff after John Edmond Ltd’s amalgamation on 1 December 1995 with the plaintiff?"

  13. Latimer v The Commissioner of Inland Revenue [PC]

      • File size: 60kb

      • Matter: ".... whether or not investment income of the trustees of the Crown Forestry Rental Trust (“the Trust”) arising in the tax years 1994-96 is exempt from income tax."

  14. News Ltd v South Sydney District Rugby League Football Club Ltd [HCA]

      • File size: 325kb

      • Matter: ".... whether those parties entered into cl 7 of the agreement for the purpose of "preventing, restricting or limiting" their services to South Sydney District Rugby League Football Club Ltd or a "class of persons" which included Souths."

  15. Visy Paper Pty Ltd v Australian Competition & Consumer Commission [HCA]

      • File size: 107kb

      • Matter: ".... attempts [Visy Paper] made to make an agreement with [NPP] under which NPP would have been prevented from acquiring goods from some third parties and would have been prevented from supplying services to those third parties. The respondent contended that these attempts contravened the Trade Practices Act 1974."

Part 9

• Case No.:

  1. O'Connor v Lagden [HL]

     • File size: 135kb

     • Matter: "a sequel to .... Dimond v Lovell [2002] 1 AC 384. It represents a further step in clarifying the obligations of motor insurers regarding the cost of hire of a replacement car while a damaged car is undergoing repair."

  2. Connor v Regina [HL]

     • File size: 243kb

     • Matter: ".... whether evidence about the deliberations of a jury, which reveal a lack of impartiality on the part of the jury, is always inadmissible under the common law secrecy rule ...."

  3. Imperial Oil Ltd v Minister for the Environment [SCC]

     • File size: 84kb

     • Matter: "Because the Minister had been involved in supervising earlier decontamination work at the site and a number of purchasers of parts of the site had brought action against the Minister in civil liability, he did not have the appearance of impartiality required by the rules of procedural fairness applicable to his decision."

  4. Cartwright v The Superintendent of Her Majesty's Prison [PC]

     • File size: 66kb

     • Matter: "It is common ground that these would also be offences under the law of The Bahamas .... Government of the United States requested the extradition of Cartwright and Knowles .... on the alleged drugs offences."

  5. MacCarthaigh v Cablelink Ltd [SCIre]

     • File size: 55kb

     • Matter: "Where a supplier provides a package of services, questions occasionally arise as to whether there has been a single supply or the supply of two or more distinct services. This matters for the purposes of VAT, ...."

  6. DPP v B.J. [SCIre]

     • File size: 93kb

     • Matter: "I am therefore granting this [injunction], on the basis that in my view, the delay .... constitutes a breach of the applicant's right to a trial with reasonable expedition."

  7. Commission des droits de la personne et des droits de la jeunesse v Maksteel Quebec Inc [SCC]

     • File size: 96kb

     • Matter: "Do the Charter of Human Rights and Freedoms, .... protect the employment of a person who has been incarcerated?"

  8. SAB v Reg [SCC]

     • File size: 176kb

     • Matter: "constitutionality of the DNA warrant provisions contained in .... the Criminal Code, R.S.C. 1985, .... The appeal also raises an issue regarding the weight to be given to the evidence of the DNA expert ...."

  9. Martin v Workers' Compensation Board of Nova Scotia [SCC]

     • File size: 197kb

     • Matter: "Chronic pain syndrome and related medical conditions have emerged in recent years as one of the most difficult problems facing workers' compensation schemes in Canada and around the world. There is no authoritative definition of chronic pain."

  10. Tram Lease Ltd v Croad [NZCA]

      • File size: 52kb

      • Matter: "appeal from a judgment of Salmon J .... that a building erected on land of which the respondents, ...., are the registered lessees encroaches on the adjoining land owned by the appellant, ...."

  11. Pacific Software Technology Ltd v Steele [NZCA]

      • File size: 77kb

      • Matter: "Pacific Software .... had, independently, been working on .... a gaming machine database prior to the commission from Perry Group ....; and that it had libraries and sub-routines which, ...., "went into" the computer program it developed for the Perry Group ..."

  12. Everitt v The Attorney General [NZCA]

      • File size: 101kb

      • Matter: "appeal is against the decision .... dismissing the appellant's claim against the Police arising from the stopping of the appellant, a bicycle courier, for running a red light, which led a few minutes later to his arrest and then, at the Police Station, to his being strip-searched."

  13. Loftus-Brigham v London Borough of Ealing [CAEW]

      • File size: 47kb

      • Matter: "The house .... is built on London clay of high to very high plasticity .... cracks began to appear in the property; .... the claimants had been advised that the property was severely affected by subsidence caused by desiccation of the clay sub-soil .... attributable to the root activity of the Council’s trees."

  14. Pickersgill & Le Cornu v Piley [PC]

      • File size: 31kb

      • Matter: "At the time of the transaction both Mr. Riley and Mr. Pickersgill were under the impression that WEN was a company of substance. But neither of them carried out any investigation of WEN’s financial status."

  15. John Fairfax Publications Pty Ltd v Rivkin [HCA]

      • File size: 347kb

      • Matter: ".... whether the matter published by the appellant of the respondent conveyed a certain imputation; and, if so, whether the imputation was defamatory. The jury returned a negative answer to the first part of each question."

Part 10

• Case No.:

  1. H v Regina [HL]

     • File size: 80kb

     • Matter: "Are the procedures for dealing with claims for public interest immunity made on behalf of the prosecution in criminal proceedings compliant with article 6 [European Convention for the Protection of Human Rights and Fundamental Freedoms]?"

  2. Talbot v Buchler [HL]

     • File size: 99kb

     • Matter: "whether, when a company is being wound up, the costs and expenses incurred by the liquidator rank ahead of the claims of the holder of a charge which at its inception was a floating charge. The answer turns on the proper interpretation of .... s 175(2)(b) [Insolvency Act 1986]."

  3. Harrild v The Director of Proceedings [NZCA]

     • File size: 175kb

     • Matter: ".... the appeal turns on the relative scope of the compensation regimes available under the Health and Disability Commissioner Act and the general system of compensation for personal injury .... under the Injury Prevention, Rehabilitation, and Compensation Act 2001."

  4. Attorney General v Hartwell [PC]

     • File size: 47kb

     • Matter: "Hartwell then brought these civil proceedings against Laurent and the Attorney General as the representative of the Government .... The claim was for damages. It is common ground that as a police constable PC Laurent was an employee of the Government."

  5. Prof Meenan v The Commission to Inquire into Child Abuse [SCIre]

     • File size: 148kb

     • Matter: ".... an inquiry into medical procedures in use more than forty years ago which, it would seem, .... were conducted in accordance with the then prevailing standards ...."

  6. E.M. v J.M. [SCIre]

     • File size: 69kb

     • Matter: "At issue in this case is an exception to the general rule under the Hague Convention and the law .... that children wrongfully removed from the jurisdiction of their habitual residence shall be returned by a requested country to their habitual residence."

  7. Carter Holt Harvey Building Products Group Ltd v Commerce Commission [PC]

     • File size: 117kb

     • Matter: "The High Court found .... that a division of Carter Holt, .... had used its dominant position in the regional market ...."

  8. Cheng v Secretary of Justice [HCHK]

     • File size: 178kb

     • Matter: "The plaintiffs claim that ...., in breach of their contracts of employment, they have been denied the recompense due to them for their performance - away from their homes and outside of their regular or 'conditioned hours' of work of a form of duty that attracts an overtime allowance."

  9. K.L.B. v British Columbia [SCC]

     • File size: 133kb

     • Matter: ".... whether, and on what grounds, the government can be held liable for the tortious conduct of foster parents toward children whom the government has placed under their care."

  10. British Columbia v Paul [SCC]

      • File size: 81kb

      • Matter: "Paul asserted that he had an aboriginal right to cut timber for house modification, and accordingly that s. 96 of the Forest Practices Code of British Columbia Act, ...., a general prohibition against cutting Crown timber, did not apply to him."

  11. Blais v Regina [SCC]

      • File size: 119kb

      • Matter: ".... appellant argued that, as a Métis, he had an aboriginal right to hunt for food under s. 35 of the Constitution Act, 1982."

  12. United States v American Library Association Inc [USSC]

      • File size: 129kb

      • Matter: "To address the problems associated with the availability of Internet pornography in public libraries, Congress enacted the Children’s Internet Protection Act .... Under CIPA, a public library may not receive federal assistance to provide Internet access unless it installs software to block images that constitute obscenity or child pornography, ...."

  13. Georgie v Ashcroft [USSC]

      • File size: 120kb

      • Matter: ".... before a covered jurisdiction’s new voting “standard, practice, or procedure” goes into effect, it must be pre-cleared by either the Attorney General of the United States or a federal court to ensure that the change “does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color.” 42 U.S.C. § 1973c"

  14. Rogers v Nationwide News Pty Ltd [HCA]

      • File size: 252kb

      • Matter: "The policy of the common law's protection of fair reports of court proceedings, and of the legislative extension of the common law in s 24 of the Act, is that it is in the public interest that there should be open administration of justice. That interest is served by protecting persons who publish fair and accurate reports of court proceedings ...."

  15. A Solicitor v Council of the Law Society of New South Wales [HCA]

      • File size: 69kb

      • Matter: "the Legal Profession Act 1987 .... was amended .... However those changes did not affect .... "[t]he inherent power or jurisdiction of the Supreme Court with respect to the discipline of legal practitioners"."

Part 11

• Case No.:

  1. Grainger v Burnett's Trustee [HL]

     • File size: 244kb

     • Matter: "The unjust enrichment arises from the fact that the mistake of the Graingers in failing to record the disposition in their favour before the permanent trustee means that they are not only unable to assert title to the flat .... but that the permanent trustee is also entitled to keep the money ...."

  2. R v HM Coroner for the Western District of Somerset; exp Middleton [HL]

     • File size: 136kb

     • Matter: "The European Court .... interpreted article 2 as imposing on member states a procedural obligation to initiate an effective public investigation by an independent official body into any death occurring in circumstances ...."

  3. Matthew v Trinidad & Tobago [PC]

     • File size: 119kb

     • Matter: "The issue in these appeals is the constitutionality of the mandatory death penalty in Trinidad & Tobago."

  4. Persian Properties Ltd v The Registrar of Titles [SCIre]

     • File size: 51kb

     • Matter: "That map was inaccurate, in that it reduced the strip at the rear of No. 1 Merrion Square by about 3 feet, .... However, the critical error occurred in the Land Registry ...."

  5. F.L. v D.T. [SCIre]

     • File size: 48kb

     • Matter: "So far as the recognition of decrees of divorce granted by courts of a foreign jurisdiction was concerned, the Irish courts applied the principle of private international law that such a divorce would be recognised if it was granted by the court of a jurisdiction in which both parties where domiciled."

  6. Contact Energy Ltd v Attorney General [NZCA]

     • File size: 83kb

     • Matter: "an appeal from a High Court decision about pricing provisions in a contract under which Contact Energy Ltd .... buys Maui Gas from the Crown."

  7. Chong v Hong Kong SAR [CFA]

     • File size: 73kb

     • Matter: "the incompetence of defence counsel had been such as to compromise the fairness of the appellant's trial .... I, too, would allow this appeal to quash the conviction .... and set aside the sentence ...."

  8. Director of Immigration v Lau [CFA]

     • File size: 44kb

     • Matter: "when a non-permanent resident returns to Hong Kong during the currency of a previous permission to remain, he or she is entitled to be re-admitted by virtue of art.31 [Basic Law] .... whether the same conclusion follows if .... the previous permission .... was obtained by fraud or deception."

  9. American Insurance Association v Garamendi [USSC]

     • File size: 116kb

     • Matter: "California’s Holocaust Victim Insurance Relief Act of 1999 .... requires any insurer doing business in that State to disclose information about all policies sold in Europe between 1920 and 1945 .... whether HVIRA interferes with the National Government’s conduct of foreign relations."

  10. Deloitte & Touche LLP v Ontario Securities Commission [SCC]

      • File size: 54kb

      • Matter: ".... the main issue focusses on whether the respondent, .... properly ordered disclosure of compelled information which normally is to be kept confidential."

  11. Doucet-Boudreau v Nova Scotia [SCC]

      • File size: 176kb

      • Matter: "whether a trial judge may, after ordering that a provincial government use its best efforts to build French-language school facilities by given dates, retain jurisdiction to hear reports on the progress of those efforts."

  12. Saldanha v Beals [SCC]

      • File size: 251kb

      • Matter: "The rules related to the recognition and enforcement of foreign judgments by Canadian courts are the focus of this appeal. "Foreign" in the context of this case refers to a judgment rendered by a court outside Canada, as opposed to an inter-provincial judgment."

  13. Canadian Foundation for Children, Youth and the Law v Canada [SCC]

      • File size: 304kb

      • Matter: "The issue .... is the constitutionality of Parliament's decision to carve out a sphere within which children's parents and teachers may use minor corrective force in some circumstances without facing criminal sanction."

  14. Gratz v Bollinger [USSC]

      • File size: 394kb

      • Matter: ".... whether “the University of Michigan’s use of racial preferences in undergraduate admissions violate[s] the Equal Protection Clause ...."

  15. Youyang Pty Ltd v Minter Ellison Morris Fletcher [HCA]

      • File size: 87kb

      • Matter: "The case has not been presented as one arising from the clash of conflicting fiduciary duties; .... Rather, Youyang relies upon alleged breach of trust in the most direct sense. But in what follows the broader circumstances are to be kept in mind."

Part 12

• Case No.:

  1. Acemex Management Co Ltd v Den Norske Bank ASA [CAEW]

     • File size: 49kb

     • Matter: "Is a ship mortgage inherently different from a mortgage on land? On the facts of this appeal Mr. Davey submits that it is; Mr. Parsons QC submits that it is not."

  2. The Conde Nast Publications Ltd v Polanski [CAEW]

     • File size: 83kb

     • Matter: "[respondent] .... in a libel action .... due to be heard .... before Eady J and a jury .... Eady J ordered that he be permitted to give his evidence in that trial by video conference link from a Paris hotel."

  3. Forwell v Regina [CAEW]

     • File size: 53kb

     • Matter: "She has served her term .... but enforcement proceedings have not yet got to the stage where she has been imprisoned in default of payment. She has paid some but not all of what she was ordered to pay .... The judge found that she was in no position to pay any more. What is to be done in such circumstances?"

  4. Fincken v Savings & Investment Bank Ltd [CAEW]

     • File size: 105kb

     • Matter: ".... application to amend particulars of claim .... it was primarily based on an admission .... by the defendant at a without prejudice meeting. The judge, .... found that the admission fell within a recognised exception to the doctrine of without prejudice privilege known as the "unambiguous impropriety" exception ...."

  5. Rowland v The Environment Agency [CAEW]

     • File size: 248kb

     • Matter: "From time immemorial public rights of navigation have existed at common law over the Thames, both in its tidal parts and its non-tidal parts."

  6. A v Essex County Council [CAEW]

     • File size: 102kb

     • Matter: "This appeal raises the novel and difficult issue of the nature and extent of any duty of care owed by an adoption agency towards prospective adopters with whom they place children with a view to adoption."

  7. London Borough of Newham v Kibata [CAEW]

     • File size: 62kb

     • Matter: "Article 8 of the Convention, ...., has been interpreted and applied .... as creating and conferring on the unlawful occupiers of local authority housing a new species of property right in a "home"."

  8. McDonald v Coys of Kensington [CAEW]

     • File size: 118kb

     • Matter: "This is a case about a personalised car registration number, TAC 1, with a value, as found by the judge, of £15,000."

  9. Beximco Pharmaceuticals Ltd v Shamil Bank of Bahrain EC [CAEW]

     • File size: 85kb

     • Matter: "One principle expressly stated in the Qur’an and Sunnah is that the charging of interest upon a loan, in whatever form, is "Riba" and is contrary to the Sharia."

  10. Royal Bank of Canada v Cooperaieve Centrale Raiffeisen-Boerenleenbank BA [CAEW]

      • File size: 90kb

      • Matter: ".... a "non-exclusive" jurisdiction clause .... the parties precluded themselves from denying that the English court had jurisdiction .... and also from submitting that the English court was not a convenient forum ...."

  11. Laws v The Society of Lloyd's [CAEW]

      • File size: 296kb

      • Matter: "This court .... held that Lloyd’s had made representations .... but confirmed that Lloyd’s had not been fraudulent. Following that decision the Names, ...., applied to amend their pleadings ...."

  12. Richardson v North Yorkshire County Council [CAEW]

      • File size: 185kb

      • Matter: ".... grant of planning permission for a quarry extension .... dispute concern .... first, the duty on the Council to state in its decision that it had taken the environmental information into consideration and, secondly, its duty to make available for public inspection ...."

  13. Brook Street Bureau (UK) Ltd v Dacas [CAEW]

      • File size: 142kb

      • Matter: ".... whether a cleaner [applicant in proceedings for unfair dismissal] was an employee of an employment agency. The other possibilities are that she was an employee of a client (the end-user) of an employment agency, or that she was not an employee at all."

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

      • File size: 176kb

      • Matter: ".... Coflexip SA and the exclusive licensee of the Patent, .... brought proceedings against Stolt Offshore MS Ltd and other companies in the same group for infringement of the Patent."

  15. Davies v Her Majesty's Deputy Coroner for Birmingham [CAEW]

      • File size: 83kb

      • Matter: "Because these contentions raised important issues as to the liability of an inferior court or tribunal to pay the costs of the other side (and, conversely, to recover costs from the other side when an application fails) if it chooses to participate in public law proceedings, we decided to allow ourselves time to consider the matter ...."