LawTeacher

LawTeacher
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Articles by LawTeacher

Morris v Murray – 1991

Article. Published: March 7, 2018

After drinking alcohol the whole afternoon, the plaintiff and his friend decided to go on a flight in the friend’s light aircraft. The plaintiff drove a……

Murder and Unlawful Killing Cases

Article. Published: March 7, 2018

Murder is a crime of specific intent. Intention in this context includes direct or oblique intent. Direct intent covers the situation where the defendant desired the death. Oblique intent covers the situation where the death is foreseen by the defendant as virtually certain, although not desired for its own sake….

Nettleship v Weston 1971

Article. Published: March 7, 2018

Case Summary of Nettleship v Weston [1971] 2 QB 691. The case of Nettleship v Weston1 concerned the concept of a duty of care which is a fundamental element of the tort of negligence….

Mersey Docks and Harbour Board v Cameron

Article. Published: March 7, 2018

Historically, municipal docks were immune from the rates typically payable by docks to the Crown as a result of their connection……

Orchard v Lee – 2009

Article. Published: March 7, 2018

The claimant was a school dinner lady acting as a supervisor in a children’s playground. She sustained injuries when a 13-year-old boy ran backwards……

Monarch Airlines v London Luton Airport

Article. Published: March 7, 2018

The Claimant airline had one of its planes damaged by a loose paving stone, while taxing on the runway of the airport operated by the Defendant….

Pursell v Horn – 1838

Article. Published: March 7, 2018

In this case the defendant threw water on the claimant and got both the claimant and the claimant’s clothes, wet. The claimant started an action for……

Parkinson v College of Ambulance – Case Summary

Article. Published: March 7, 2018

The defendant, Harrison, was secretary of the College of Ambulance, a charity. He told the plaintiff, Colonel Parkinson, that he could procure a……

Old Gate Estates Ltd v Toplis

Article. Published: March 7, 2018

A block of flats was to be purchased by the promoters of the claimant’s company. During the promotion of the company and……

Ogwo v Taylor – Case Brief

Article. Published: March 7, 2018

The defendant had negligently started a fire at his home by using a blow torch on the fascia boards whilst attempting DIY home improvements….

Othman v UK 2012 Case Summary | Abu Qatada

Article. Published: March 7, 2018

Othman (Abu Qatada) v United Kingdom (UK) (2012) 55 EHRR 1, 189. Deportation and the European Convention on Human Rights (ECHR)….

Osman v UK

Article. Published: March 7, 2018

Case Summary of Osman v United Kingdom (UK) Case No: 87/1997/871/1083. Mrs Mulkiye Osman was born in Cyprus in 1948 and her son, Ahmet Osman, was born in England in 1972….

Overstone v Shipway

Article. Published: March 7, 2018

A hirer of a vehicle paid no monthly rental fee as agreed by the parties, after having paid the deposit and taken delivery of the motor vehicle….

Purton v Kilker Projects

Article. Published: March 7, 2018

When Mr Purton submitted his final bill for approximately £147,000, KPL failed to pay it. Mr Purton referred the matter for adjudication and the……

Notting Hill Housing Trust v Brackley

Article. Published: March 7, 2018

A married couple held a periodic tenancy on a property as joint tenants, which could be terminated with the provision of four months notice….

Poussard v Spiers

Article. Published: March 7, 2018

Breach of condition of a contract. The Claimant (Poussard) was an opera singer. She was contracted by the defendant to perform in that capacity for a duration of three months. The issue in this case was whether failing to turn up to the first day of performance amounted to a breach of a condition of the contract….

Port Jackson Stevedoring v Salmond & Spraggon

Article. Published: March 7, 2018

Goods were unloaded from a ship at a wharf and stored in a near shed which was under the control of the wharf’s stevedore. Thieves dishonestly claimed that……

R v Ahluwalia – 1992

Article. Published: March 7, 2018

The definition in R v Duffy [1949] 1 All ER 932 as “sudden and temporary loss of control” is still good law as it is a readily understandable phrase. However, in cases of abused wives, the harmful act is often a result of a “slowburn” reaction, rather than immediate loss of self-control. …

Pickstone v Freemans plc

Article. Published: March 7, 2018

The claimant, Ms Pickstone, was an employee of the defendants, Freemans, where she worked as a warehouse operative and received a salary……

Murphy v Brentwood District Council

Article. Published: March 7, 2018

The defendant local authority had negligently approved plans for the footings of a house (a task which fell within its responsibility in accordance with the provisions of the Public Health Act 1936). The claimant purchased the property, but some time afterwards it began to subside as a result of defects in the footings….

Nimmo v Alexander Cowan and Sons Ltd

Article. Published: March 7, 2018

An employee of a factory was unloading railway wagons filled with bales of pulp for which he was required on some bales….

Cases on Mens Rea 2

Article. Published: March 7, 2018

Cases on Mens Rea 2. The defendant struck a blow with his belt at Horace Chapple which recoiled off him, severely injuring an innocent bystander. The defendant was convicted of maliciously wounding the victim……

Morales v Eccleston

Article. Published: March 7, 2018

The defendant, Ecclestone, was driving at 20 mph along in a traffic stream along a road that was 30 feet wide. The plaintiff, Morales, who as……

Massey v Boulden – 2002

Article. Published: March 7, 2018

The case revolved around an open green space close to a public highway between Bilsington and Hythe, known as the Pinn, as well as adjacent land……

Pioneer Container Case

Article. Published: March 7, 2018

The claimant was a cargo owner who contracted with a carrier to ship the cargo. Per the bills of lading, the claimant granted the carrier authority to……

Parker v South Eastern Railway

Article. Published: March 7, 2018

Deposit of bag in railway cloak room; effect of exclusion clause on ticket and on notice. Parker paid to leave his bag in the cloakroom of South Eastern Railway (SER). There was a notice within the cloakroom stating that SER would not be responsible for any deposits exceeding £10. in value….

Lonrho v Fayed

Article. Published: March 7, 2018

Lonrho were acquiring a company, and were awaiting permission from the Monopolies and Mergers Commission. Fayed and three other defendants……

Platform Funding Ltd v Bank of Scotland

Article. Published: March 7, 2018

A surveyor was instructed by a mortgage lender to inspect and value property on 1 Bakers Yard offered by a borrower as the security for a loan….

McInerny v Lloyds Bank Ltd – 1974

Article. Published: March 7, 2018

The defendant bank made arrangements for one party’s (T) commercial credit to facilitate the purchase of companies belonging to another party (P). P was to take bills of exchange in instalments over six years to pay for the price of the purchase….

Parents and Children Case Notes | Family Law Study Area | Law Teacher

Article. Published: March 7, 2018

Parents and Children Case Notes. The relationships between children and parents are complex. In different contexts, the word ‘parent’ can include biological parents (married or unmarried), step-parents, adoptive parents, foster……

R v A (No.2)

Article. Published: March 7, 2018

In dismissing the appeal, the Court held that s.41(3)(c) of the 1999 Act should be construed, where necessary, by having regard to the interpretative obligation under s.3 of the 1998 Act and by giving adequate consideration to the need to protect a complainant from indignity and the possibility of humiliating questioning…

Moeliker v A Reyolle – 1977

Article. Published: March 7, 2018

The claimant had been apprenticed to the defendant company when he was a teenager and had been employed by them ever since….

McFarlane v EE Caledonia Ltd

Article. Published: March 7, 2018

The claimant (C) was on board a vessel which was called upon to attend to the serious fire that had broken out on the oil rig……

Mansfield v Weetabix – 1998

Article. Published: March 7, 2018

D appealed against a judgment holding them liable in negligence following an incident in which a lorry belonging to D, and driven by one of their……

McCutheon v David MacBrayne Ltd – 1964

Article. Published: March 7, 2018

McCutheon delivered his car to the defendant shipping company for carriage from the Hebrides to the mainland. The car was destroyed when the ship sank because of the company’s negligence. …

R v Allen

Article. Published: March 7, 2018

Mr Allen consumed homemade wine that unknowingly to him was much stronger than he initially thought. As such, it had a much stronger effect on him than he anticipated….

Overseas Tankship v Morts Dock – 1961

Article. Published: March 7, 2018

The court held that Overseas Tankship (UK) Ltd could not be held liable to pay compensation for the damage to the wharf. This case disapproved the direct consequence test in Re Polemis and established the test of remoteness of damage….

Necessity Law Law Case Summaries

Article. Published: March 7, 2018

Necessity Law. Necessity law arises where a defendant is forced by circumstances to transgress the criminal law. The generally accepted position is that necessity cannot be a defence to a criminal charge. The leading case is……

Overseas Tankship v Miller Steamship (Wagon Mound Case)

Article. Published: March 7, 2018

The defendant’s ship, ‘The Wagon Mound’, negligently released oil into the sea near a wharf close to Sydney Harbour. An unfortunate chain of events led to the oil becoming mixed with cotton debris, which was subsequently ignited by the sparks coming off some nearby welding works….

Northern Ireland v Lynch – 1975

Article. Published: March 7, 2018

The defendant was charged with aiding and abetting a second degree murder. He drove members of the Irish terrorist group the IRA into town where they had……

R v Adaye

Article. Published: March 7, 2018

The defendant had been warned by a doctor in Africa who had been treating him for sexually transmitted infections generally……

Morgan v Odhams Press

Article. Published: March 7, 2018

The defendant was a journalist collecting material on a dog doping gang story, whereby he put a key witness (who agreed to talk to him) under his surveillance while investigations were ongoing….

Malone v MPC – 1979

Article. Published: March 7, 2018

Malone (M) was charged with handling stolen property. During the Crown Court prosecution of M, the prosecution admitted that the Post Office (P) had intercepted M’s telephone conversations under the authority of the Secretary of State for use by the police….

Palsgraf v Long Island Railroad – Case Brief

Article. Published: March 7, 2018

The elements that must be satisfied in order to bring a claim in negligence (note that this is a US case). The claimant was standing on a station platform purchasing a ticket. Whilst she was doing so a train stopped in the station and two men ran to catch it….

Pigott v Thompson

Article. Published: March 7, 2018

The plaintiff was a treasurer to the commissioners of the tolls and as such, earned an annual salary and was employed by way of an act of Parliament….

Paragon Finance v Nash – Summary

Article. Published: March 7, 2018

Mr and Mrs Nash obtained a mortgage from Paragon Finance for their matrimonial home. The mortgage agreement allowed Paragon to vary the rate……

Macklin v Dowsett – 2004

Article. Published: March 7, 2018

Dowsett was in a dire financial situation. He had a bungalow that was condemned by the local authority. He was able to obtain planning for……

Penfold v Westcote

Article. Published: March 7, 2018

The defendant said the following about the claimant: “Why don’t you come out you blackguard rascal, scoundral, Penfold, you are a thief”….

Museprime Properties Ltd v Adhill Properties

Article. Published: March 7, 2018

Three properties (940, 942, 944) contained commercial premises and residential accommodation. The rent review on each property was scheduled after……

Phipps v Pears – 1965

Article. Published: March 7, 2018

The plaintiff and defendant both owned houses which were adjacent to one another, on Market Street, Warwick. Phipps did not insulate his house……