Case summaries

Cooper v Phibbs [1867] UKHL 1 (31 May 1867)

The appellant agreed to lease a salmon fishery from respondents, believing they owned it. In fact, the fishery belonged to the appellant himself under earlier settlements. The House of Lords held the agreement should be set aside for common mistake, but subject to the appellant compensating the respondents for improvements made to the fishery.

Corby Group v Corby Borough Council [2008] EWCA Civ 463 (08 May 2008)

Children born with upper limb deformities alleged their mothers were exposed to toxic materials during Corby Borough Council's land reclamation programme. The Council sought to strike out the public nuisance claim, arguing damages for personal injury cannot be recovered in public nuisance. The Court of Appeal held this was an arguable claim and dismissed the strike-out application.

Cornwall Gardens Ltd v RO Garrard & Co Ltd [2001] EWCA Civ 699

Cornwall Gardens, a property developer, claimed malicious falsehood and wrongful interference with rights against Garrard & Co and Christie & Co for letters asserting a right of way over their hotel car park to obstruct planning consent. The Court of Appeal held both claims were time-barred under the one-year limitation period for malicious falsehood.

Corr v IBC Vehicles Ltd [2008] UKHL 13 (27 February 2008)

Mr Corr suffered severe physical and psychological injuries in a workplace accident caused by his employer's negligence. He developed severe depression and committed suicide six years later. The House of Lords held that his suicide was a foreseeable consequence of his depression and the employer remained liable under the Fatal Accidents Act 1976.

Costello-Roberts v United Kingdom (Application 13134/87) [1993] ECHR 16

A seven-year-old boy at an independent boarding school received three 'whacks' with a rubber-soled gym shoe as corporal punishment. His mother complained this violated his Convention rights. The Court held there was no violation of Articles 3, 8 or 13, finding the punishment did not reach the minimum severity threshold.

Council of Civil Service Unions v Minister for the Civil Service [1984] UKHL 9

Civil servants at GCHQ were banned from joining national trade unions without prior consultation, citing national security. The unions claimed legitimate expectation of consultation. The House of Lords held that while prerogative powers are subject to judicial review, national security concerns justified the government's failure to consult.

County Council of Surrey v Bredero Homes Ltd [1993] EWCA Civ 7 (07 April 1993)

Surrey County Council and Mole Valley District Council sold land to Bredero Homes subject to covenants requiring development in accordance with planning permission for 72 houses. Bredero obtained new permission and built 77 houses, making additional profit. The councils sought damages for breach of covenant but, having suffered no financial loss, were awarded only nominal damages.

Couturier v Hastie [1856] UKHL J3 (26 June 1856)

Merchants sold a cargo of corn through agents, but unknown to both parties, the cargo had already been sold at Tunis due to heating damage before the sale contract was made. The House of Lords held the contract void as there was no existing subject matter at the time of sale.

Coventry & Ors v Lawrence & Anor [2014] UKSC 13

Homeowners near a motor sports stadium and motocross track in Suffolk sued for nuisance by noise. The Supreme Court allowed their appeal, restoring the trial judge's injunction, and clarified key principles on prescription, planning permission, locality and remedies in private nuisance.

Coventry & Ors v Lawrence & Anor [2015] UKSC 50

Homeowners successfully sued for noise nuisance from a nearby speedway, funded by a CFA and ATE insurance. The defendants challenged liability for success fees and ATE premiums under the 1999 Act as incompatible with Convention rights. The Supreme Court upheld the scheme's compatibility.

Coventry v Lawrence (No 2) [2014] UKSC 46 (23 July 2014)

Following a successful nuisance claim regarding noise from a motorsport stadium and track, consequential issues arose concerning suspension of the injunction, landlord liability for tenant's nuisance, and whether costs orders including success fees and ATE premiums infringed Convention rights. The Court addressed landlord participation in nuisance and flagged serious concerns about litigation costs.

Cowan v Foreman & Ors [2019] EWCA Civ 1336

Mrs Cowan, widow of a wealthy deceased, sought permission to bring an Inheritance Act 1975 claim out of time after negotiations with trustees failed. The Court of Appeal overturned the refusal, granting permission and clarifying the proper approach to section 4 extensions.

Cox v Ergo Versicherung AG [2014] UKSC 22

Major Cox was killed by a negligent driver in Germany. His widow sued the German insurer in England, seeking to apply the Fatal Accidents Act 1976. The Supreme Court held German law governed damages, and the Act's provisions did not apply.

Cox v Ministry of Justice [2016] UKSC 10 (2 March 2016)

Mrs Cox, a prison catering manager, was injured when a prisoner negligently dropped a sack of rice on her back whilst working in the kitchen. The Supreme Court held the Ministry of Justice vicariously liable for the prisoner's negligence, extending vicarious liability principles to relationships beyond traditional employment where individuals are integrated into an organisation's operations.

CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36

CPRE Kent challenged costs orders made against it after its statutory planning review was refused permission. The Supreme Court upheld the Court of Appeal's practice that multiple defendants and interested parties may each recover reasonable costs for preparing acknowledgements of service, qualifying the Bolton principle for permission stage proceedings.

Crawford Adjusters v Sagicor General Insurance (Cayman) Ltd [2013] UKPC 17 (13 June 2013)

Loss adjusters sued an insurance company for malicious prosecution after fraud allegations were dropped just before trial. The Privy Council held 3-2 that the tort of malicious prosecution extends to civil proceedings, overturning previous limitations. This landmark decision restored historic common law principles allowing recovery for maliciously prosecuted civil claims.

Crawford v Jenkins [2014] EWCA Civ 1035 (24 July 2014)

A barrister sued his former wife, a solicitor, for false imprisonment and harassment after she complained to police that he breached court orders, leading to his arrest. The Court of Appeal held that witness immunity protected her police statements from suit, and that two text messages she sent could not constitute harassment.

Credit Lyonnais Bank Nederland NV v Burch [1996] EWCA Civ 1292 (20 June 1996)

A junior employee was persuaded by her employer to mortgage her flat as unlimited security for the company's overdraft of up to £270,000. The Court of Appeal set aside the mortgage, finding the bank had constructive notice of the employer's undue influence over the employee and the transaction was manifestly disadvantageous.

Criterion Properties plc v Stratford UK Properties LLC [2004] UKHL 28

Criterion sought to invalidate a 'poison pill' agreement (SSA) signed by directors without proper authority. The House of Lords held the case turned on whether directors had actual or apparent authority to bind the company, not on 'knowing receipt' or unconscionability principles. The appeal was dismissed, requiring trial on authority issues.

Cross v Kirkby [2000] EWCA Civ 426 (1 8 February 2000)

Hunt saboteur Cross attacked farmer Kirkby with a baseball bat while trespassing. Kirkby wrestled the bat away and struck Cross once, causing serious head injury. The Court of Appeal held Kirkby acted in lawful self-defence and alternatively that Cross's claim was barred by ex turpi causa as his injuries arose from his own criminal conduct.

Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49

Directors of VTL made £4.55m secret profit through fraudulent tax avoidance schemes, breaching their fiduciary duties. VTL's successor, Aquila, claimed proprietary rights to these funds under a constructive trust. The Supreme Court held that the directors' fraud could not be attributed to VTL, preserving Aquila's proprietary claim in priority to CPS confiscation orders.