Case Summaries
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Smith v Superintendent of Woking Police
Example case summary. Last modified: 7th Mar 2018
The defendant entered the grounds of a private enclosed garden at 11 pm. He stood and looked through the window of Miss M’s bedroom. Miss M saw the defendant staring at her through the window while she was in her night closes, causing her to jump and scream in fright. ...
Smith v. Stone – 1647 | Case Brief
Example case summary. Last modified: 7th Mar 2018
Smith (S) brought an action of trespass against Stone (D) after D was carried onto S’s land by force, and violence of others, and was not there… ...
Snelling v Snelling
Example case summary. Last modified: 7th Mar 2018
The plaintiff and his brothers, the second and third defendants were directors of a family business and company, the first defendant. ...
Soering v UK
Example case summary. Last modified: 7th Mar 2018
Soering v United Kingdom (1989) concerns Articles 3, 6 and 13 of the European Convention on Human Rights (ECHR) 1950 and the potential extradition to the USA by the UK of a West German national to face trial in Virginia, USA on a murder charge. ...
South Wales Miners Federation v Glamorgan Coal Company
Example case summary. Last modified: 7th Mar 2018
The federation was a trade union, formed to consider trade and wages, to protect the workmen and regulate relations. The wages were paid on a sliding scale agreement in accordance with the rising and falling price of coal. ...
Southern Water Authority v Pegrum
Example case summary. Last modified: 7th Mar 2018
The defendants were pig farmers. Waste and effluence from the pigs was stored first in tanks which drained into a lagoon which had been constructed… ...
Southwark LBC v Mills
Example case summary. Last modified: 12th Oct 2018
Landlord and tenant; whether poor soundproofing amounted to breach of covenant for quiet enjoyment ...
Southwark London Borough Council v Williams
Example case summary. Last modified: 7th Mar 2018
The defendants were in need of housing, both having been forced to leave their current lodgings. The defendants sought the assistance of a squatters… ...
Sovmots Investments Ltd v SSE [1979]
Example case summary. Last modified: 12th Oct 2018
A 150 year lease was granted to S Ltd (appellant) who built an office complex. 36 residential maisonettes… ...
Spartan Steel v Martin & Co
Example case summary. Last modified: 7th Mar 2018
The Court of Appeal held that even where a plaintiff is clearly owed a duty in respect of physical damage to property, any ‘pure’ economic loss suffered in addition to physical damage are unrecoverable as either too remote, or outside the scope of the duty of care. ...
Speed v Thomas Swift & Co Ltd – 1943
Example case summary. Last modified: 7th Mar 2018
Mr Speed was a dock labourer employed by the defendant stevedores working on the loading of a ship from an adjacent barge. ...
Speight v Gosnay
Example case summary. Last modified: 7th Mar 2018
The defendant uttered certain words creating a false (unfavourable) impression regarding the claimant’s virginity when the claimant’s mother was present. ...
Spicer v Smee
Example case summary. Last modified: 7th Mar 2018
The claimant’s property was adjacent to the defendant’s land. As a result of some faulty wiring, a fire broke out on the defendant’s property… ...
Spring v Guardian Assurance plc – 1994
Example case summary. Last modified: 7th Mar 2018
The plaintiff was dismissed from his job as a company sales representative for the first defendant. Upon seeking employment with another company… ...
Spurling v Bradshaw – 1956
Example case summary. Last modified: 7th Mar 2018
Bradshaw alleged Spurling were negligent, and in breach of an implied term to take reasonable care of the barrels because they had left them… ...
St Albans City and District Council v International Computers
Example case summary. Last modified: 7th Mar 2018
The appellant was the defendant company which had supplied computer software to the respondent, and for which the respondent had been awarded £1.3 million. ...
St Helen’s Smelting Co v Tipping – 1865
Example case summary. Last modified: 7th Mar 2018
The claimant was the owner of a large country house with over a thousand acres of land. This land was close to a copper smelting factory which had long been in operation. The smelting factory discharged noxious gases as a result of its operation, which were considered to be a normal part of the smelting operation. ...
St John Shipping v Joseph Rank Ltd – Summary
Example case summary. Last modified: 7th Mar 2018
The plaintiff, St John Shipping Corporation, owned a ship that was to sail from a port in the United States to the United Kingdom. ...
St Martins Property Corporation v Sir Robert McAlpine
Example case summary. Last modified: 7th Mar 2018
St Martins, the first plaintiff, began working on a development which included shops, offices and flats. A 150-year leasehold was granted… ...
St. Edmundsbury and Ipswich v Clark (No. 2)
Example case summary. Last modified: 12th Oct 2018
A property consisting of a former rectory and adjacent land was surrounded by a church and a churchyard. ...
Stabilad Ltd v Stephens & Carter Ltd
Example case summary. Last modified: 7th Mar 2018
S and SC began negotiations for the sale of rights in a device which stabilised ladders. SC sent S a document which provided… ...
Standard Chartered Bank Ltd v Walker
Example case summary. Last modified: 12th Oct 2018
A company issued to P, a bank, a debenture giving P a charge over the company’s assets in respect of any sums ...
Stansbie v Troman – 1948
Example case summary. Last modified: 7th Mar 2018
Stansbie was decorating at Troman’s home. He was alone at the property and left the house to purchase some wallpaper. He left the door unlocked and… ...
Staples v West Dorset
Example case summary. Last modified: 7th Mar 2018
The defendant occupied the Cobb at Lyme Regis which was a wall from which the public could gain access to the promenade. ...
State Bank of India v Sood
Example case summary. Last modified: 12th Oct 2018
In this case, the first and second defendants were the legally registered proprietors of the family home, which the ...
State Bank of India v Sood – Case Summary
Example case summary. Last modified: 7th Mar 2018
In this case, the first and second defendants were the legally registered proprietors of the family home, which the third to seventh… ...
Sterling Hydraulics v Dichtomatik
Example case summary. Last modified: 7th Mar 2018
DL contended the acknowledgement of order documentation amounted to a counter-offer incorporating their own terms into the contract. ...
Stevenson Jacques & Co v Mclean
Example case summary. Last modified: 7th Mar 2018
The defendant, Mclean, offered to sell iron to the complainant, Stevenson Jaques & Co. This was for the price of 40s and the offer would remain open until Monday. ...
Stevenson, Jordan Harrison Ltd v MacDonald & Evans
Example case summary. Last modified: 7th Mar 2018
Definition of an employee under a ‘contract of service’ for the purposes of determining the copyright of a work. An engineer wrote a book that used knowledge that he acquired whilst he was working for a firm in different capacities. ...
Stewart Gill Ltd v Horatio Myer – Case Summary
Example case summary. Last modified: 7th Mar 2018
The Claimant and Defendant had a contract under which the Defendant purchased an overhead conveyor system from the Claimant. ...
Stilk v Myrick 1809 – Case Summary
Example case summary. Last modified: 12th Oct 2018
Performance of an existing duty is no consideration. Stilk v Myrick is a case that was decided over 200 years ago but nonetheless the principle that it developed remains a core feature of the law of contract and more particularly that of consideration. ...
Stilwell v Blackman
Example case summary. Last modified: 12th Oct 2018
A conveyance between the predecessors of the parties contained a restrictive covenant requiring that the purchaser… ...
Stockdale v Hansard
Example case summary. Last modified: 12th Oct 2018
Privilege of a single House of Parliament and court’s authority to review privilege ...
Stockholm Finance Ltd v Garden Holdings Inc
Example case summary. Last modified: 12th Oct 2018
Whether owning a property that is furnished but not inhabited can still be actual occupation. ...
Stocznia Gdanska SA v Latvian Shipping Co
Example case summary. Last modified: 12th Oct 2018
Lacto (L) was a shipowning company belonging to the Latvian state. Lacto entered into agreement with a Polish… ...
Storer v MCC 1974
Example case summary. Last modified: 7th Mar 2018
In this case the defendant had made clear by their conduct and language that they intended to be bound upon the acceptance of the offer despite the fact that some terms remained to be agreed. ...
Storey v Ashton – Case Summary
Example case summary. Last modified: 7th Mar 2018
The defendant in this case, was a wine merchant who, in the course of employment, sent his clerk and his car man off with a horse and cart to make a… ...
Stovin v Wise – 1996
Example case summary. Last modified: 7th Mar 2018
The availability of a private law claim in negligence in respect of a failure of a local authority to comply with a public law discretion. A local authority was aware that a bank of land was obstructing the view at a junction where three accidents had occurred in the previous twelve years. ...
Strand Securities v Caswell
Example case summary. Last modified: 12th Oct 2018
The tenant of a property granted an underlease to the respondent. The subtenant applied to have the underlease registered… ...
Street v Mountford
Example case summary. Last modified: 12th Oct 2018
Whether exclusive possession creates a tenancy. The respondent, Street, granted a licence to the appellant, Mountford, to occupy two rooms at a weekly rent subject to 14 days’ notice of termination. ...
Strickland v Turner – 1852
Example case summary. Last modified: 7th Mar 2018
In this case, Strickland, the complainant, entered into a contract for annuity and life assurance on the life of Turner, with an insurance company. ...
Strict Liability Case Summaries
Example case summary. Last modified: 7th Mar 2018
Cases on Strict Liability. The defendant ran off with an under-age girl. He was charged with an offence of taking a girl under the age of 16 out of the possession of her parents contrary to s55 of the Offences Against the Person Act 1861 (now s20 of the Sexual Offences Act 1956). ...
Sturges v Bridgman – 1879
Example case summary. Last modified: 7th Mar 2018
The claimant, a doctor, moved house and on the premises, he bought and built a shed in his garden to carry out his private practice within. His shed was on the boundary of the property and happened to be next door to a confectioner. ...
Sudbrook Trading Estate Ltd v Eggleton – 1983
Example case summary. Last modified: 7th Mar 2018
Four separate leases were made in relation to adjacent industrial premises. Each lease expired on 24 December 1997. ...
Summit Investment v BSC – 1987
Example case summary. Last modified: 7th Mar 2018
The defendants chartered a ship from the plaintiff on a New York Produce Exchange form of time charter. Clause 20 of this charter provided… ...
Sumpter v Hedges – 1898
Example case summary. Last modified: 7th Mar 2018
A builder contracted to build two houses and stables for the lump sum of £565. The builder only completed part of the work, after which he abandoned the contract. The completed works amounted to a value of £333. ...
Sutton v Mishcon de Reya
Example case summary. Last modified: 7th Mar 2018
The plaintiff, Sutton, was a male prostitute who entered into a sado-masochistic relationship with Staal, a wealthy Swedish businessman. ...
Swain v Natui Ram Puri
Example case summary. Last modified: 28th May 2019
The defendant’s owned a defunct factory, around which they had erected a seven foot-fence topped with barbed wire. There was however a small section of the fence at which the barbed wire was missing. ...
Swedish Central Railway Co Ltd v Thompson [1925]
Example case summary. Last modified: 7th Mar 2018
A Case Summary of Swedish Central Railway Co Ltd v Thompson [1925] AC 495 (HL). ...
Sweet v Parsley – 1970
Example case summary. Last modified: 7th Mar 2018
The appellant, Stephanie Sweet (S), was a sub-tenant of a farmhouse, where cannabis resin was found. S no longer lived in the house and had let out several rooms to tenants. She did retain a room but only returned occasionally to collect letters and rent. ...
Tabcorp v Bowen Investments
Example case summary. Last modified: 7th Mar 2018
Bowen Investments Pty Ltd (BIPL) constructed a new office building and installed an expensive high quality foyer. A 10-year lease of the whole building… ...
Tanner v Tanner [1975]
Example case summary. Last modified: 12th Oct 2018
Whether a contractual licence will be implied in respect of allowing a woman to remain in occupation of a property whilst her children are of school age. ...
Target Home Loans Ltd v Clothier – 1994
Example case summary. Last modified: 7th Mar 2018
The respondents took a mortgage on their home. The appellant lender sought an order for possession after repayments were not made. ...
Tarleton v McGawley
Example case summary. Last modified: 7th Mar 2018
Tarleton was a ship trading off the coast of West Africa with Cameroon locals. The Bannister ship, directed by M’Gawley, shot a cannon from the water… ...
Taylor v Bowers – 1876
Example case summary. Last modified: 7th Mar 2018
The defendant was a creditor of the plaintiff. The plaintiff made over all his stock-in-trade to a third party on the basis of fictitious bills of… ...
Taylor v Caldwell – 1863
Example case summary. Last modified: 7th Mar 2018
Case Summary of Taylor V Caldwell [1863] 3 B&S 826. Contract frustrations and implied terms. The case of Taylor v Caldwell[1] is a fundamental case in the area of frustration with regards to contract law. ...
Taylor v Hamer – 2002
Example case summary. Last modified: 7th Mar 2018
The appellant bought a property from the respondent. When inspecting the property, the appellant noticed that part of the land was paved… ...
Taylor v Laird
Example case summary. Last modified: 7th Mar 2018
The claimant was employed as the captain of a ship which was owned by the defendants. Whilst in a foreign port during the course of the voyage, he voluntarily gave up his position as captain, and worked as an ordinary crew member during his passage back to Britain. ...
Taylors Fashions Ltd v Liverpool Victoria Trustees Ltd
Example case summary. Last modified: 12th Oct 2018
The claimants were tenants of the defendant, and purported to have an option to renew the lease. ...
Tenax Steamship Co v Owners of the Motor Vessel Brimnes
Example case summary. Last modified: 7th Mar 2018
It was held that the withdrawal was effective when it Telex message was received, not when the message was read. ...
Terms of The Contract Case Summaries
Example case summary. Last modified: 7th Mar 2018
Terms of Contract Cases. The plaintiffs, who had shipped goods for many years with the defendants, who were forwarding agents, agreed to a changeover in the method of shipment to enable goods to be carried in containers stored below deck on the ship. ...
The Alaskan Trader (No.2)
Example case summary. Last modified: 7th Mar 2018
The owners of a vessel chartered for a two-year time charter with the defendant. One year into this, the vessel incurred a serious engine issue which… ...
The Calgarth [1927]
Example case summary. Last modified: 12th Oct 2018
The Calgarth was the stern tug of a large steam ship, the Otarama, which was assisting the larger vessel in entering onto the Manchester Ship Canal. Whilst manoeuvring, the Calgarth ran aground on the bank of the entrance channel to the canal which was constructed and maintained by the Canal Company. ...
The Case of Proclamations
Example case summary. Last modified: 7th Mar 2018
In what turned out to be a landmark case concerning the Royal Prerogative, Sir Edward Coke (the Chief Justice of Common Pleas) was asked to express his opinion as to whether the monarch could prohibit new buildings or the making of wheat. ...
The Eugenia, Ocean Tramp Tankers Corporation v V/O Sovfracht
Example case summary. Last modified: 12th Oct 2018
The vessel Eugenia was let to the charterers for “a trip out to India via Black Sea” from the time Eugenia was delivered to them in Genoa. Under Clause 21 in the contract between the two parties, the vessel was not to be brought within any zone which is dangerous as a result of any actual or threatened act of war ...
The Hannah Blumenthal 1983 – Summary
Example case summary. Last modified: 7th Mar 2018
A contract was made for the sale of a ship. A dispute arose between the parties regarding alleged defects. The dispute was referred to… ...
The Hansa Nord – 1976
Example case summary. Last modified: 7th Mar 2018
Pursuant to a contract of sale, a German company agreed to sell a Dutch company 12,000 tons of citrus pulp pellets for use in cattle feed. ...
The Happy Day [2002] EWCA Civ 1068
Example case summary. Last modified: 7th Mar 2018
A dispute arose in relation to a claim of demurrage (the charge payable to the owner for failure to discharge the ship within the agreed time). ...
The Mahkutai – 1996
Example case summary. Last modified: 7th Mar 2018
A cargo owner contracted with a charterer to organize for the transportation and delivery of their cargo with a bills of lading which contained a… ...
The Moorcock (1889)
Example case summary. Last modified: 7th Mar 2018
Ship damaged at defendant’s jetty; whether implied term to take reasonable care. Ship-owners contracted with the defendant wharfingers to discharge a ship at their jetty. The jetty extended into the River Thames where the ship must necessarily ground at low water. ...
The Oropesa – 1943 – Case Summary
Example case summary. Last modified: 7th Mar 2018
There were storms out at sea and a collision happened between two ships, the Oropesa and the Manchester Regiment. In the incident, the Manchester… ...
The Post Chaser – 1982
Example case summary. Last modified: 7th Mar 2018
The sellers agreed to sell a quantity of palm-oil to the buyers who had contracted to sell this onto sub-buyers. A clause in the contract required the… ...
The Sea Angel 2007
Example case summary. Last modified: 12th Oct 2018
The Sea Angel was a vessel used by Tsavliris to assist in the salvage operations concerning the Tasman Spirit… ...
The Six Carpenters Case
Example case summary. Last modified: 7th Mar 2018
Trespass – Stolen goods. Six carpenters (S) were served with wine and bread at a tavern which they paid for. S requested more wine and bread afterwards, of which they were served, by this time they refused to pay. ...
The Super Servant Two [1990]
Example case summary. Last modified: 12th Oct 2018
The defendant agreed to transport the plaintiff’s drilling rig from Japan to Rotterdam, using a transportation unit… ...
Theaker v Richardson
Example case summary. Last modified: 7th Mar 2018
The defendant (R) wrote to the plaintiff (T) accusing her of, amongst other things, being “a very dirty whore.” T’s husband opened the letter thinking… ...
Theft Case Summaries
Example case summary. Last modified: 7th Mar 2018
Summaries of theft cases covering appropriation, property, belonging to another, the mens rea of theft, intention to permanently deprive, and intention to use or dispose of goods. ...
Theft of property and fraud by misrepresentation
Example case summary. Last modified: 7th Mar 2018
Theft of property and fraud by misrepresentation. According to the facts of the case study, it is apparent that the legal issues concerning Kezia’s case are in relation to the Theft Act and Fraud, Kazia has been charged with Theft of the death certificate and with Fraud by misrepresentation. ...
Thoburn v Sunderland City Council
Example case summary. Last modified: 7th Mar 2018
CONSTITUTIONAL LAW – DELEGATED LEGISLATION – DIRECTIVES – EC LEGISLATION – WEIGHTS AND MEASURES. The Units of Measurement Regulations 1994, which were brought into force pursuant to the exercise of powers conferred by section 2(2) and (4) of the European Communities Act 1972. ...
Thomas v National Union of Mineworkers
Example case summary. Last modified: 7th Mar 2018
During a set of strikes organised by the National Union of Miners (NUM – the Defendant), the Claimant, who was a miner, wanted to continue working in… ...
Thomas v Sorrell [1673]
Example case summary. Last modified: 12th Oct 2018
The claimant in this matter was the Company of Vintners which, under the Act which created it, was entitled… ...
Thomas v Thomas – 1842
Example case summary. Last modified: 7th Mar 2018
Consideration need only be legally not economically adequate.. A valid contract must be supported by consideration. That is, the promisee must promise to do something in return for the promise of the other party. ...
Thomas Witter Ltd v TBP Industries Ltd
Example case summary. Last modified: 7th Mar 2018
The defendant was a conglomerate organisation that negotiated to sell a carpet company to the plaintiff. During the negotiation of the sale of the company… ...
Thompson v Bridges – 1925
Example case summary. Last modified: 7th Mar 2018
The appellant was a high school teacher and principal of his school. In 1922, a bitter campaign was fought for trusteeships… ...
Thompson v Foy
Example case summary. Last modified: 7th Mar 2018
Thompson permitted her daughter, Foy, to build an extension to Thompson’s home. According to their informal agreement, the… ...
Thompson v Lohan – Case Summary
Example case summary. Last modified: 7th Mar 2018
The defendant was a company which hired plant and machinery with operators if necessary. The claimant hired some machinery with two of… ...
Thompson v London, Midland and Scottish Railway
Example case summary. Last modified: 7th Mar 2018
Thompson was unable to read and she travelled on a train with her daughter and niece. On the back of her ticket it was printed that the tickets were issued subject to the terms outlined in the company’s time tables. ...
Thompson v Metropolitan Police Commissioner
Example case summary. Last modified: 7th Mar 2018
The case concerned two conjoined actions by claimants who had been manhandled, assaulted, and abused by police officers employed… ...
Thorner v Major 2009
Example case summary. Last modified: 12th Oct 2018
The claimant had worked on the defendant estate’s farm for over a decade without pay, believing that he would inherit the land when the defendant died. While the defendant once gave the claimant a bonus stating that it was for his ‘death duties’, he never explicitly told the claimant he would inherit ...
Thornton v Shoe Lane Parking – 1971
Example case summary. Last modified: 7th Mar 2018
Automatic ticket machine at car park; incorporation of terms displayed inside. Thornton drove his car to a car park. Outside the car park, the prices were displayed and a notice stated cars were parked at their owner’s risk ...
Thorpe v Brumfitt (1873)
Example case summary. Last modified: 12th Oct 2018
P was the owner of an inn, the yard of which was approached by a passage over the adjoining property, belonging to M. ...
Tinn v Hoffman and Co 1873
Example case summary. Last modified: 7th Mar 2018
It was held in this case that there was no contract between Mr Tinn and Mr Hoffman for the iron. The cross offers were made simultaneously and without knowledge of one another; this was not a contract that would bind the parties for the iron. ...
Tinsley v Milligan [1994]
Example case summary. Last modified: 12th Oct 2018
Resulting trusts and illegality; whether equitable interest may be claimed despite conduct. ...
Titchener v British Railways Board
Example case summary. Last modified: 7th Mar 2018
The appellant was struck by a train and was very seriously injured. This had taken place whilst the appellant was crossing a railway… ...
Tito v Waddell (No 2) [1977] Ch 106
Example case summary. Last modified: 7th Mar 2018
Banaba island was a British settlement and the land was owned by individual Banabans. The Crown granted a license to a British company to mine the… ...
Tolley v Fry
Example case summary. Last modified: 7th Mar 2018
The defendants were owners a chocolate manufacturing company. They advertised their products with a caricature of the claimant… ...
Tomlin v Standard Telephones and Cables
Example case summary. Last modified: 7th Mar 2018
A man claimed against his employers for damages for personal injuries sustained during the course of his employment. The man’s solicitor and… ...
Tomlinson v Congleton BC and another
Example case summary. Last modified: 12th Oct 2018
The obligation placed on occupiers with regards to injuries caused on their property ...
Tomlinson v Congleton Borough Council
Example case summary. Last modified: 7th Mar 2018
Congleton Borough Council had attempted to turn a disused quarry into a beauty spot and country park by turning the quarry into an artificial lake. The council prohibited swimming, recognising the lake to be dangerous for swimmers and had prominent signs prohibiting swimming, as well as park rangers who sought to prevent swimming. T ...
Toomes v Conset
Example case summary. Last modified: 7th Mar 2018
The property in question was the subject of a lease for sixty years. This lease had been granted as a collateral security against the sum of… ...
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