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Articles by LawTeacher
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……
Pagnan SpA v Feed Products Ltd
Article. Published: March 7, 2018
Pagnan SpA were an Italian company seeking to buy corn pellets to feed chickens with from Feed Products, an American company….
R&B Custom Brokers v United Dominions Trust Ltd – 1998
Article. Published: March 7, 2018
The issue in this case was whether the purchase agreement as made in the course of a business and therefore whether the Claimant could rely……
R (G) v Immigration Appeal Tribunal and R (M) v Same
Article. Published: March 7, 2018
G and M were asylum seekers whose applications were refused by special adjudicators. They were also refused permissions to appeal to the Immigration……
Mullin v Richards 1998
Article. Published: March 7, 2018
The defendant was a 15-year-old girl who play-fought with rulers with another 15-year-old girl (the claimant). In the course of the game, the defendant’s ruler snapped, causing a splinter to hit the claimant in the eye, blinding her….
R (Abbasi) v Foreign Secretary
Article. Published: March 7, 2018
The first claimant was a British national who had been captured by United States forces in Afghanistan and detained in Guantanamo……
McLoughlin v O’Brian
Article. Published: March 7, 2018
In finding for C the House of Lords emphasised that recovery in such cases was not limited to those who were participants in the event, and who feared that they or a close relative would suffer some sort of personal injuries….
Watchtower Bible and Tract Society Lawsuit
Article. Published: March 7, 2018
He brought an action for slander regarding words purported to have been spoken at a meeting where he had sought a review of his expulsion….
London and Blenheim Estates v Ladbroke
Article. Published: March 7, 2018
The Leicestershire Coop owned land in and around one of their stores in Leicestershire to London & Blenheim Estates; the sale included the right to……
May and Butcher Ltd v The King
Article. Published: March 7, 2018
After the end of the First World War, the Government had a surplus of tents which were no longer required by the army. As a result, the Government’s disposal’s board was set up to sell these tents. They agreed to sell tents to May and Butcher Ltd who left £1,000 as a security deposit for their purchases. …
Central London Property Trust v High Trees House – 1947
Article. Published: March 7, 2018
In 1937, Central London Property Trust Ltd (CLPT) leased a block of flats in London to High Trees House Ltd (HTH) at £2,500 per year for 99 years. Due to the impact of World War II, there was a drastic under-occupancy of the flats in 1940. …
Lord Advocate v Dumbarton District Council
Article. Published: March 7, 2018
The Ministry of Defence wished to improve the defences of their perimeter fencing at a nuclear submarine base located in Faslane….
LMS International v Styrene Packaging
Article. Published: March 7, 2018
The First Defendants operated a factory in a Bradford Industrial Estate, which was owned by the second, third, fourth and fifth defendants….
Parsons (Livestock) v Uttley Ingham
Article. Published: March 7, 2018
Parsons ordered a bulk storage hopper to store pignuts to feed their top-grade pigs from the defendants. When installing the hopper, the defendants failed……
Pawlett v Attorney General
Article. Published: March 7, 2018
The plaintiff (P) mortgaged his property to a man named Ludlow. P failed to make payments in terms of the mortgage due, he claimed……
Pay v Lancashire Probation; Pay v UK
Article. Published: March 7, 2018
The claimant was involved in the sale of products connected with BDSM and performing in fetish clubs. Photographs were available on the internet of him involved in these activities. The claimant was a probation officer working with sex offenders….
Mendelssohn v Normand Ltd – Case
Article. Published: March 7, 2018
The Claimant parked in a garage owned and operated by the Defendant. There was a notice board in the car park which stipulated that the Defendant would……
Newstead v London Express Newspaper
Article. Published: March 7, 2018
A newspaper published details of a bigamy trial and referred to the accused as “Harold Newstead, thirty-year-old Camberwell man.” Another man……
Photo Production v Securicor – 1980
Article. Published: March 7, 2018
Due diligence, negligence and exclusion clauses in contracts. The issue in this case was whether the doctrine of fundamental breach applied and was relevant, and whether an exclusion clause could be effective….
Long v Lloyd – 1958
Article. Published: March 7, 2018
The plaintiff was a haulage contractor who saw an advert for the sale of a lorry which was described as in ‘exceptional condition’….
Marriage and Nullity Case Summaries
Article. Published: March 7, 2018
According to Lord Penzance in Hyde v Hyde (1866) LR 1 PD 130, concerning the validity of a Mormon marriage, marriage may be defined as “the voluntary union for life of one man and one woman to the exclusion of all others”. …
Patel v Ali – 1984
Article. Published: March 7, 2018
The first and second defendants were joint owners of a property and contracted to sell it to the plaintiffs. The husband of the first defendant was……
Matthews v United Kingdom (1999) 28 EHRR 361 (ECHR)
Article. Published: March 7, 2018
Case Summary of Matthews v United Kingdom (1999) 28 EHRR 361 (ECtHR). Article 3 Protocol 1 of the European Convention on Human Rights (ECHR)….
Perrett v Collins – 1998
Article. Published: March 7, 2018
The plaintiff sustained personal injuries when the light aircraft in which he was travelling during the test flight. The first defendant was the pilot of……
Promissory Estoppel Cases
Article. Published: March 7, 2018
An example of promissory estoppel is where A promises B that he would not enforce his legal rights and B acted and relied on it without giving any consideration….
National Coal Board v JE Evans & Co
Article. Published: March 7, 2018
An electrical cable was placed under the land of the county council by the National Coal Board (NCB) or its predecessors, without the……
Cases on Mens Rea
Article. Published: March 7, 2018
Mens Rea Case Summaries. The defendant, in order to frighten Mrs Booth, her rival for the affections of Mr X, put burning newspaper through the letterbox of Booth’s house and caused the death of two of her children….
Herbert Morris Ltd v Saxelby
Article. Published: March 7, 2018
The plaintiffs, Herbert Morris Ltd, manufactured hoisting machinery. The defendant, Saxelby, was employed and trained by them……
Marc Rich v Bishop Rock
Article. Published: March 7, 2018
During a voyage a ship developed a crack in its hull. The ships owners requested its classification society to inspect the damage. An employee of the classification society advised that the ship should be put into dry dock in order for repairs to be carried out….
Mogul Steamship Co v McGregor
Article. Published: March 7, 2018
The plaintiffs were independent shipowners who sent their ships to the cargo port to obtain cargo. An association (the defendants)……
Ministry of Sound v World Online
Article. Published: March 7, 2018
M was one of a group of companies that appealed against a summary judgment that had refused its application for the payment of a final instalment……
Pearce v Brooks – Summary
Article. Published: March 7, 2018
The defendant was a prostitute who hired a carriage from the plaintiff, who was a coachbuilder, on hire purchase terms to be paid for in instalments. She wanted the carriage to attract customers. …
Proactive Sports Management v Rooney
Article. Published: March 7, 2018
The respondent, Wayne Rooney, assigned his image rights to the third respondent company. An agreement between the respondents and the appellant sports……
National Coal Board v Gamble
Article. Published: March 7, 2018
M, who worked for a haulier firm, had his lorry filled up at a National Coal Board (NCB) colliery. He then drove to a weighbridge……
