Case summaries

Lady justice next to law books

Farrell v Alexander [1976] UKHL 5

Mrs Farrell paid £4,000 for fixtures and fittings to obtain a flat tenancy, but the amount exceeded their true value. The existing tenant surrendered her lease so the landlord could grant a new tenancy to Mrs Farrell. The House of Lords held that section 85 of the Rent Act 1968...

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Entick v Carrington & Ors [1765] EWHC KB J98

John Entick, suspected of authoring seditious papers, had his home searched and papers seized by King's messengers acting under a general warrant issued by the Secretary of State. The Court held such warrants illegal, establishing that executive power cannot authorise entry to private property without specific legal authority. Facts John...

Law books on a desk

Cutts v Head [1983] EWCA Civ 8

Plaintiff sought to rely on a 'without prejudice' letter containing a settlement offer on the question of costs after trial. The Court of Appeal held that a 'Calderbank letter' (without prejudice save as to costs) is admissible on the issue of costs in all civil proceedings, not just matrimonial cases....

Lady justice with law books

Christie v Leachinsky [1947] UKHL 2

Police arrested Leachinsky for 'unlawful possession' under the Liverpool Corporation Act, knowing they lacked authority to arrest without warrant on that charge. They actually suspected felony but never informed him. The House of Lords held that a person arrested must be informed of the true reason for arrest, establishing fundamental...

Law books on a desk

Chilton v Saga Holidays Plc [1984] EWCA Civ 1

Mr and Mrs Chilton sued Saga Holidays over a disappointing holiday. In the small claims arbitration, the registrar refused to allow Saga's solicitor to cross-examine the unrepresented claimants. The Court of Appeal held this violated natural justice, as cross-examination is a fundamental right in adversarial proceedings. Facts Mr and Mrs...

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Chan Wai Tong v Li Ping Sum (Hong Kong) [1984] UKPC 49

A passenger injured in a Hong Kong road accident appealed against damages awarded. The Privy Council considered whether courts should compare awards across jurisdictions and whether future loss of earning capacity required specific pleading and evidence. The appeal succeeded in part, deleting the unpleaded and unproven future earning capacity award....

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Cassell & Co Ltd v Broome (No.1) [1972] UKHL 3

Publishers Cassell & Co Ltd published a book containing serious libels against Captain Broome, a retired naval officer, despite warnings that the material was defamatory. The jury awarded £15,000 compensatory damages and £25,000 exemplary damages. The House of Lords upheld Rookes v Barnard on exemplary damages and dismissed the appeal,...

Law books in a law library

Brutus v Cozens [1972] UKHL 6

The appellant disrupted a Wimbledon tennis match to protest South African apartheid. Magistrates found his behaviour was not 'insulting' under section 5 of the Public Order Act 1936. The House of Lords upheld this, ruling that 'insulting' carries its ordinary meaning and whether behaviour is insulting is a question of...

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Brogan v United Kingdom [1988] ECHR 24

Four applicants were arrested and detained under the Prevention of Terrorism Act 1984 for periods ranging from four to six days without being brought before a judge. The Court found that detention exceeding four days without judicial oversight violated the requirement of 'promptness' under Article 5(3) ECHR, even in terrorism...

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Brogan and others v United Kingdom [1989] ECHR 9

Four British citizens detained under anti-terrorism legislation in Northern Ireland claimed compensation following the European Court's earlier finding that their detention violated Article 5(3) and 5(5) of the Convention. The Court held that the finding of violations in the principal judgment itself constituted sufficient just satisfaction. Facts This case concerned...

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Boys v Chaplin [1967] EWCA Civ 3

Two British servicemen stationed in Malta were involved in a road accident. The plaintiff sued in England for damages including pain and suffering, which were not recoverable under Maltese law. The Court of Appeal held English law applied to assess damages, awarding £2,303 rather than the £53 available under Maltese...

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R v Lane and Letts [2018] UKSC 36

Two parents were charged with terrorism funding for sending money overseas. Before trial, the Supreme Court had to interpret "has reasonable cause to suspect" in section 17 Terrorism Act 2000, holding it sets an objective suspicion test, not requiring actual suspicion. Facts The appeal arose from a preparatory hearing in...

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Muhamad v R [2003] 2 WLR 1050

Mr Muhamad, a bankrupt, was convicted of materially contributing to his insolvency by gambling under section 362(1)(a) of the Insolvency Act 1986. On appeal, the Court of Appeal held the offence is one of strict liability and compatible with Article 7 ECHR, dismissing the appeal. Facts On 12 April 2002...

Lady justice with law books

Sweet v Parsley [1970] AC 132

Miss Sweet, a teacher who let out her farmhouse to students, was convicted under section 5(b) of the Dangerous Drugs Act 1965 after tenants smoked cannabis without her knowledge. The House of Lords held that mens rea was required, quashed her conviction, and reaffirmed the strong presumption against strict liability...

Law books in a law library

B (A Minor) v DPP [2000] 2 AC 428

A 15‑year‑old boy incited a 13‑year‑old girl to perform oral sex, honestly believing she was over 14. The House of Lords held that the offence under section 1(1) of the Indecency with Children Act 1960 requires mens rea as to age; an honest belief, even if unreasonable, is a defence....