Case Summaries

Banks v Cox

Example case summary. Last modified: 7th Mar 2018

B brought a claim for damages for misrepresentation after acquiring a nursing home business that was previously managed by C. ...

Bankway Properties Ltd v Pensfold-Dunsford

Example case summary. Last modified: 12th Oct 2018

Landlord and tenant; assured tenancy; rent review clauses and security of tenure ...

Banner Homes Group Plc v Luff Development Ltd

Example case summary. Last modified: 12th Oct 2018

The defendants, Luff Development Ltd, acquired a site that would be suitable for developing property on. ...

Banner Homes Group Plc v Luff Developments

Example case summary. Last modified: 7th Mar 2018

The defendants, Luff Development Ltd, acquired a site that would be suitable for developing property on. Before this acquisition… ...

Bannerman v White – 1861

Example case summary. Last modified: 7th Mar 2018

Affirms that where a representee expressly informs a representor of the significance of their representation to the contract, the representation is likely to be viewed as amounting to a contractually binding term. ...

Bannister v Bannister [1948]

Example case summary. Last modified: 12th Oct 2018

Constructive trust of land; oral agreement to allow vendor to occupy a house rent free. ...

Banque Keyser Ullman v Skandia

Example case summary. Last modified: 7th Mar 2018

The plaintiff bank had made loans against property which the borrower had informed them valuable, and had also taken out insurance policies from the… ...

Barbudev v Eurocom Cable Management Bulgaria

Example case summary. Last modified: 7th Mar 2018

Mr Barbudev, a Bulgarian businessman had founded a successful cable television and internet company in Bulgaria called Eurocom Plovdiv. ...

Barclays Bank Plc v Zaroovabli

Example case summary. Last modified: 12th Oct 2018

Barclays Bank claimed possession of a house from Mr and Mrs Zaroovabli (Z), and their tenant, Mrs Pourdanay… ...

Barclays Bank v Alcorn

Example case summary. Last modified: 7th Mar 2018

The defendant had argued that the charge did not cover a separate building on the property known as “The Cottage.” The defendant refused to give up… ...

Barclays Bank v Bird

Example case summary. Last modified: 7th Mar 2018

An equitable charge was created over the property of Mr Bird. It contained a clause whereby the plaintiff obtained an irrevocable power… ...

Barclays Bank v O’Brien

Example case summary. Last modified: 7th Mar 2018

Fraud; misrepresentation; mortgage; married couple. The defendants were a married couple who took out a second mortgage on their home as security for overdraft facilities extended by Barclays to the husband’s company. ...

Barclays v Fairclough Building Ltd

Example case summary. Last modified: 7th Mar 2018

B employed F to clean a roof which was made of corrugated sheets. F did not take any safety precautions when cleaning. The premises were contaminated… ...

Barclays v Quincecare

Example case summary. Last modified: 11th Sep 2024

Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363 – Landmark case establishing the ...

Barker v Corus – 2006

Example case summary. Last modified: 7th Mar 2018

This case was an appeal from the earlier decision in Barker v Saint Gobain Pipelines Plc [2004] EWCA Civ 545, regarding the deceased claimant who had… ...

Barker v Saint Gobain Pipelines

Example case summary. Last modified: 7th Mar 2018

The claimant, Barker, developed lung cancer (malignant mesothelioma) following exposure to asbestos in the course of employment. ...

Barkway v South Wales Transport

Example case summary. Last modified: 7th Mar 2018

The claimant was injured when a bus drove off the road because of a latent, undetectable defect in the tyre that made it burst. ...

Barrett v Halifax Building Society

Example case summary. Last modified: 7th Mar 2018

A possession order granted to the respondents over the applicant’s home was suspended to allow the applicants time to find a purchaser for the property. ...

Barrett v Ministry of Defence

Example case summary. Last modified: 7th Mar 2018

The plaintiff was the widow of the deceased, who was a British naval army serviceman. He died of asphyxiation on his own vomit after… ...

Barrett v Morgan 2000

Example case summary. Last modified: 12th Oct 2018

Head lease terminated on agreement between landlord and tenant; impact on sub-tenancy ...

Barry v Davies – 2000

Example case summary. Last modified: 7th Mar 2018

Two brand new engine analyser machines owned by Customs and Exise were put up for auction by the defendant auctioneer. Each could be procured from the manufacturer for £14,521 but despite this were listed without a reserve price. ...

Barry v Hasseldine

Example case summary. Last modified: 12th Oct 2018

The previous owner of the plaintiff’s parcel of land bought it from the defendant in 1947. ...

Barton v County Natwest Bank – 1999

Example case summary. Last modified: 7th Mar 2018

The plaintiff, County Natwest Ltd (CN), loaned money to a company of which Barton (B) was an officer and guaranteed the value of the loan. ...

Bass Holdings Ltd v Morton Music Ltd

Example case summary. Last modified: 12th Oct 2018

The plaintiffs granted the defendants a fifteen-year lease, with the option to extend the lease for a period ...

BBC v Johns – 1965

Example case summary. Last modified: 7th Mar 2018

Here, the claimants, the British Broadcasting Corporation (BBC) sought to submit that they ought be exempt from income tax… ...

Beard v London General Omnibus

Example case summary. Last modified: 7th Mar 2018

Employer’s vicarious liability for an employee’s negligent act outside his scope of employment.The conductor of an omnibus drove the omnibus through side streets, outside of the bus route, at a fast pace in the absence of the bus driver. In doing so, he negligently hit and injured a man. ...

Beatty v Guggenheim Exploration Co.

Example case summary. Last modified: 12th Oct 2018

The defendants, Guggenheim Exploration Company, acquired and developed mining properties and the complainant, Beatty… ...

Beckham v Mirror Group News

Example case summary. Last modified: 7th Mar 2018

David and Victoria Beckham invoked s12 Human Rights Act 1998 to seek an interim injunction to prevent the publication of unauthorised photographs of… ...

Bedson v Bedson

Example case summary. Last modified: 12th Oct 2018

A husband and wife had three children and lived in the matrimonial home which was a flat above a draper’s… ...

Bell v Lever Bros – 1932

Example case summary. Last modified: 7th Mar 2018

Only a mistake to the identity of the parties or of subject matter to the contract, as well as an item’s quality, would be able to successfully negate consent and therefore void a contract, as if it had never existed. The mistake must be essential to the identity of the contract. ...

Benn v Hardinge (1992)

Example case summary. Last modified: 12th Oct 2018

The plaintiff had owned a farm and the adjoining land for 20 years. The defendants were the owners of a property located ...

Bennet v Bennet

Example case summary. Last modified: 12th Oct 2018

This case concerned a transaction between a mother and her son and the presumption of advancement in equity. ...

Bennet v Bennet – 1879

Example case summary. Last modified: 7th Mar 2018

This case concerned a transaction between a mother and her son and the presumption of advancement in equity. Mother, Ann Bennet, wanted to help her… ...

Beresford v Royal Insurance – 1938

Example case summary. Last modified: 7th Mar 2018

In 1925 Major Rowlandson took out five life insurance policies on his own life with the defendants, Royal Insurance Co Ltd… ...

Berkoff v Burchill – 1996

Example case summary. Last modified: 7th Mar 2018

The first defendant was a journalist and, at the time, a film critic for the Sunday Times, while the second defendant was the newspaper’s publisher. ...

Bernard v Josephs [1982]

Example case summary. Last modified: 12th Oct 2018

Trust of the family home; cohabitees ascertainment of their beneficial interests. ...

Bernstein v Skyviews – 1978

Example case summary. Last modified: 7th Mar 2018

Trespass – No right of privacy in airspace. Skyviews and General Ltd (S) took an aerial photograph a number of houses, including Coppings Farm, Bernstein’s (B) country home. ...

Beswick v Beswick – 1968

Example case summary. Last modified: 7th Mar 2018

The court granted the widow an order of specific performance for the payment owed by PB’s nephew as an administrator to her husband’s estate. The court held that the damages would also not be limited due to the loss that had been caused to PB’s estate. ...

Bettini v Gye

Example case summary. Last modified: 7th Mar 2018

Breach of a condition of a contract. The claimant, Alessandro Bettini (a tenor) entered into an agreement with the defendant, Frederick Gye. The terms of that agreement were that Bettini would not perform within 50 miles of London in any venue. ...

Bhullar v Bhullar [2003] EWCA Civ 424 Case Summary

Example case summary. Last modified: 7th Mar 2018

The Corporate Opportunity Doctrine. Bhullar v Bhullar [2003] EWCA Civ 424 Case Summary2 ...

Bigg v Boyd Gibbins – 1971

Example case summary. Last modified: 7th Mar 2018

As part of the negotiation for the sale of property by the plaintiffs, the plaintiffs wrote to the defendants stating that for a quick sale of the property, they would accept £26,000 on the basis that the initial offer was low and this would cover the plaintiff’s costs of sale. ...

Biggs v Hoddinott – Summary

Example case summary. Last modified: 7th Mar 2018

The plaintiff (B) was a brewer. The defendants (H) were the owners of a hotel. The plaintiff had a mortgage over the hotel. ...

Bigos v Bousted

Example case summary. Last modified: 7th Mar 2018

The defendant, Bousted, wanted to support his wife while she stayed in Italy for her health. He agreed with the defendant that in return for a… ...

Billson v Residential Apartments Ltd [1992]

Example case summary. Last modified: 12th Oct 2018

The landlords had a lease with the tenants of a freehold property which included a covenant that prevented… ...

Binion v Evans [1972]

Example case summary. Last modified: 12th Oct 2018

The defendants promised the sellers of land that they would permit the claimant to continue living in one of the cottages for the remainder… ...

Bird v Jones – 1845

Example case summary. Last modified: 7th Mar 2018

Bird, B, wished to cross a section of a public road which was closed off due to a boat race. Two policemen, D, prevented B from passing in the direction he wished to go, but was allowed to go in the only other direction in which he could pass. ...

Birmingham Midshires Mortgage Services Ltd v Sabherwal

Example case summary. Last modified: 12th Oct 2018

Whether an interest created by proprietary estoppel can be overreached. ...

Bisset v Wilkinson – 1927

Example case summary. Last modified: 7th Mar 2018

Whether a statement is one of fact or opinion for the purposes of rescinding a contract. The defendant in this matter was the purchaser of land in New Zealand which was purchased by the claimant for the purpose of sheep farming. ...

Blackburn Bobbin Co Ltd v Allen (TW) & Sons Ltd

Example case summary. Last modified: 12th Oct 2018

The defendants sold to the plaintiffs timber to be imported from Finland through a contract, made in early 1914. ...

Blackburn v Attorney General – 1971

Example case summary. Last modified: 7th Mar 2018

The claimant, Blackburn, asserted that the decision by Parliament to allow Britain to join the Economic Community and sign the Maastricht Treaty was illegal as it diminished their own sovereignty, and violated the theoretical conception of the ‘Queen in Parliament’ ...

Blackpool and Fylde Aero Club v Blackpool BC

Example case summary. Last modified: 7th Mar 2018

The defendants were a local authority that managed the local airport as its owners. They had granted the plaintiffs, who were a flight club, a concession to operate casual flights out of the airport. ...

Blundell v St Andrew’s School 2007

Example case summary. Last modified: 7th Mar 2018

Maternity leave – right to return to work – ‘same job’. The claimant teacher had taught a reception class before taking maternity leave. Upon her return, she was offered a role either as a floating teacher or taking a class of older children. ...

Bolam v Friern Hospital Management Committee

Example case summary. Last modified: 7th Mar 2018

The defendant was the body who employed a doctor who had not given a mentally-ill patient (the claimant) muscle-relaxant drugs nor restrained them prior to giving them electro-convulsive therapy. ...

Bolitho v City and Hackney Health Authority

Example case summary. Last modified: 7th Mar 2018

A child was brought to a hospital suffering from breathing abnormalities. The doctor summoned to deal with the matter never received the summons due to a low battery on her bleep. ...

Bolton v Stone 1951

Example case summary. Last modified: 7th Mar 2018

In this case, the likelihood of the harm was very low, and erecting a fence any higher than the defendant had already done would be impractical. The cricket club was also providing a social useful service to the community. ...

Bonham v College of Physicians

Example case summary. Last modified: 7th Mar 2018

Bonham, a trained medical doctor, petitioned to join the College of Physicians but was rejected. A short time later he applied for…. ...

Bonnington Castings v Wardlaw – 1956

Example case summary. Last modified: 7th Mar 2018

The onus and standard of proof in personal injury claims for an employer’s breach of statutory duty. The employee of a dressing shops foundry was exposed to noxious dust from swing grinders, allegedly causing him to contract pneumoconiosis. ...

Borman v Griffith [1930]

Example case summary. Last modified: 12th Oct 2018

Borman leased a garden which included a paddock, orchard and adjoining gardens, on a long term basis. ...

Botham v TSB Bank

Example case summary. Last modified: 7th Mar 2018

In possession proceedings against the appellant numerous items were held to be fixtures and therefore would become the property of the respondent when the property was repossessed. ...

Bourhill v Young – 1943

Example case summary. Last modified: 7th Mar 2018

Mr Young had been negligently riding his motorcycle and was responsible for a collision with car in which he himself suffered fatal injuries. At the time of the crash, Mrs Bourhill (C) was in the process of leaving a tram about 50 feet away. ...

Bowater v Rowley Regis Corporation

Example case summary. Last modified: 7th Mar 2018

The plaintiff was a carter employed to go around the streets and collect road sweepings. For this purpose, he was provided with a horse… ...

Bowles v Bank of England – 1913

Example case summary. Last modified: 7th Mar 2018

Mr Bowles purchased a high number of Irish Land Stock which was transferred to his name in Bank of England books. The Committee of the House of Commons… ...

BP Exploration Co v Hunt – Summary

Example case summary. Last modified: 7th Mar 2018

BP entered an agreement with Hunt, under which BP would explore and develop his oil concession in Libya at their own expense. This expenditure… ...

Bradbury v Morgan – 1862

Example case summary. Last modified: 7th Mar 2018

Leigh requested that Bradbury provide credit to his brother to the value of £100. Leigh guaranteed the account owned by his brother to this effect. ...

Bradford v Robinson Rentals Ltd

Example case summary. Last modified: 7th Mar 2018

The claimant, Bradford, was an employee of the defendants, Robinson Rentals, and in the course of his employment it was requested that he be sent to assist a colleague in a vehicle repair. ...

Brady v Brady Case Summary [1988] 2 All ER 617 HL

Example case summary. Last modified: 7th Mar 2018

Brady v Brady Case Summary [1988] 2 All ER 617 HL. Maintenance of share capital in company law. ...

Bratty v AG for Northern Ireland

Example case summary. Last modified: 7th Mar 2018

Failure to discharge onus of proof in relation to defence of automatism. The appellant (B) was convicted of the murder of an 18-year-old girl. In his statement to the police, he said that he had been overcome with a “terrible feeling” and a “sort of blackness” during the event. ...

Breach of Statutory Duty Cases

Example case summary. Last modified: 7th Mar 2018

Breach of Statutory Duties. A motor lorry, being a light locomotive within the meaning of the Locomotives on Highways Act 1896 and a motor car within the meaning of the Motor Cars… ...

Brice v Brown

Example case summary. Last modified: 7th Mar 2018

C, a woman aged 42, had suffered from a hysterical personality disorder since childhood. She was, however, able to lead a… ...

Bridle v Ruby [1989]

Example case summary. Last modified: 12th Oct 2018

A company built houses and later sold number 12. The original transfer reserved the transferor and the successors a right of way (including with vehicles) over the driveway of the property, but this was then deleted out of the conveyance as agreed by the parties. ...

Brimelow v Casson

Example case summary. Last modified: 7th Mar 2018

Brimelow was a theatrical manager and Casson was a member of the Joint Protection Committee, effectively a trade union of sorts. ...

Brinkibon v Stahag Stahl – 1983

Example case summary. Last modified: 7th Mar 2018

The complainants, Brinkibon Ltd, were a company that was based in London. They were buying steel from the defendants, Stahag Stahl, who were sellers based in Austria. ...

British Coal Corporation v R

Example case summary. Last modified: 7th Mar 2018

The British Coal Corporation, together with four other companies involved in the import of coal, were convicted of unduly restraining the coal industry. ...

British Crane v Ipswich Plant – 1975

Example case summary. Last modified: 7th Mar 2018

Ipswich Plant Hire (IPH) arranged by telephone to hire a crane from British Crane Hire Corporation (BCHC). The crane was duly delivered… ...

British Economical Lamp Co v Empire Mile End Ltd

Example case summary. Last modified: 7th Mar 2018

The claimant let electrical lamp fittings to lessees of a theatre. The lamps were attached to their brackets using a bayonet attachment. ...

British Railways v Pickin

Example case summary. Last modified: 7th Mar 2018

Validity of statute; private Act. A private Act of Parliament from 1836 said that if a railway line was abandoned, the land beneath the tracks should become the property of the owners of the adjoining lands. ...

British Road Services v Arthur Crutchley

Example case summary. Last modified: 7th Mar 2018

The plaintiff transported a lorry load of whisky by road and delivered it to a warehouse owned by the defendant. Upon arrival, the whisky was unloaded… ...

British Westinghouse v Electric Railways

Example case summary. Last modified: 7th Mar 2018

Underground Electric Railways (UER) purchased turbines from British Westinghouse Electric Co (BWEC). The turbines were faulty in that they were… ...

Brittain v Garner – 1989

Example case summary. Last modified: 7th Mar 2018

The claimant sought damages for the loss of his career, arguing that this should be quantified based not only on his present… ...

Brogden v Metropolitan Rly Co

Example case summary. Last modified: 7th Mar 2018

The complainants, Brogden, were suppliers of coal to the defendant, Metropolitan Railway. They completed business dealings regarding the coal frequently for a number of years, on an informal basis. ...

Brooks v Commissioner of Police for the Metropolis

Example case summary. Last modified: 7th Mar 2018

The claimant and his friend, who were black, were attacked by white youths. The claimant was dealt with by the police in a way that was subsequently… ...

Broom v Morgan – 1953

Example case summary. Last modified: 7th Mar 2018

Ms. Broom was employed as the helper of a beer and wine house, of which her husband, Mr. Broom, was employed as the manager. ...

Broome v Perkins – 1987

Example case summary. Last modified: 7th Mar 2018

The defendant (P) was diabetic. He was charged with driving without due care and attention. At trial, he argued that he had suffered… ...

Brown v NCB

Example case summary. Last modified: 7th Mar 2018

An electrician was employed in a coal mine. A damaged tub was sent up a haulage in the drift and, on the way up, collided with… ...

Bruton v London & Quadrant Housing Trust

Example case summary. Last modified: 12th Oct 2018

The defendant was a voluntary housing trust that focussed on homelessness. The local authority had granted the trust a licence to use short-life properties as temporary accommodation for homeless people who were on the waiting list for a home, before these properties were later developed ...

BS & N Ltd v Micado

Example case summary. Last modified: 7th Mar 2018

Ship owners chartered a vessel, The Seaflower, to charterers to carry oil. Clause 46 required major oil companies’ approvals and stipulated that… ...

Buckinghamshire County Council v Moran

Example case summary. Last modified: 12th Oct 2018

In 1955 the claimant (C) acquired a plot of land with a view to building a road diversion. The land was left vacant for many years. The roadside of the plot was fenced but there was no fence between the garden of a house owned by the defendant’s predecessor. ...

Buckland v Butterfield – 1820

Example case summary. Last modified: 7th Mar 2018

It should be noted that the application of this judgment, given the subsequent case law on the matter of the distinction between fixtures and chattels… ...

Bugdaycay v Home Secretary 1987

Example case summary. Last modified: 7th Mar 2018

The Pakistani government issued a decree introducing new and additional discrimination against members of the sect to which the claimants… ...

Bulk Trading Co v Zenziper Grains

Example case summary. Last modified: 7th Mar 2018

The buyers, the Bulk Trading Corporation, and the seller, Zenziper, had arranged for the sale of 6,000 tonnes of American corn, which were to be… ...

Bull v Bull

Example case summary. Last modified: 12th Oct 2018

A mother and son jointly purchased a property, however the son contributed a greater proportion of the original… ...

Bull v Bull – 1955

Example case summary. Last modified: 7th Mar 2018

A mother and son jointly purchased a property, however the son contributed a greater proportion of the original purchase price… ...

Bunge Corporation v Tradax Export

Example case summary. Last modified: 7th Mar 2018

A party contracted to purchase 15,000 tons of US soya bean meal, to be shipped in three shipments. Under the standard form of contract… ...

Burgess v Rawnsley [1975] Ch 429, CA

Example case summary. Last modified: 12th Oct 2018

Mr Honick and Mrs Rawnsley bought a property as beneficial joint tenants. They had originally agreed to move into… ...

Burma Oil Company v Lord Advocate – Case Summary

Example case summary. Last modified: 7th Mar 2018

The claimant, Burma Oil Company, brought proceedings against the UK government (who were represented in the case by the Lord Advocate)… ...

Burmah Oil v Lord Advocate

Example case summary. Last modified: 7th Mar 2018

The claimant, Burmah Oil Company, brought proceedings against the UK government (who were represented in the case by the Lord Advocate) seeking compensation for the destruction of oil fields in Burma by British forces in 1942 (during the Second World War). ...

Burnett’s Trustee v Grainger

Example case summary. Last modified: 12th Oct 2018

Grainger purchased the title to a flat for £45,000 from Burnett (B). Once this was agreed, Grainger failed… ...

Burns v Burns

Example case summary. Last modified: 12th Oct 2018

The complainant, Valerie Burns, had been in a relationship and lived with the defendant, Patrick Burns, for 19 years. Despite taking his name, the couple were not married. ...