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...
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...
Ealing Council refused to place Mr Zesko, a Polish national, on their housing waiting list because he was not a British subject. The House of Lords held that discrimination based on present nationality was not the same as discrimination on 'national origins' under the Race Relations Act 1968, and thus...
Miss Fox lived with Mr Wright as his wife for 21 years without marrying. After his death in 1961, the landlord sought possession, arguing she was not a 'member of the tenant's family' under the Rent Acts. The Court of Appeal held that changing social attitudes meant an unmarried partner...
An air hostess claimed compensation for pay discrimination compared to male cabin stewards doing identical work. The Court held that Article 119 EEC Treaty on equal pay has direct effect and can be relied upon before national courts, establishing the principle of equal pay as a foundation of Community law....
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....
Two claimants were injured in separate incidents in car parks – one struck by a car in an open car park, another injured by fire in a multi-storey car park. The House of Lords held that car parks do not constitute 'roads' under the Road Traffic Act 1988, meaning compulsory...
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...
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...
Police officers executing a search warrant for specific stolen goods seized other items they reasonably believed were stolen, though not mentioned in the warrant. The Court of Appeal held that police may lawfully seize goods they reasonably believe to be stolen when lawfully on premises, even if not specified in...
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....
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,...
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...
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...
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...
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...
Black Clawson held dishonoured bills of exchange accepted by a German company. After the German court dismissed their claim as time-barred under German limitation law, they sought to sue in England. The House of Lords allowed the appeal, holding that section 8 of the Foreign Judgments (Reciprocal Enforcement) Act 1933...
A cinema company challenged a local authority's condition prohibiting children under 15 from Sunday performances. The Court of Appeal held courts can only interfere with executive discretion if the authority acted unreasonably in the legal sense – taking irrelevant matters into account, ignoring relevant ones, or reaching a decision no...
Albert assaulted an off-duty plain-clothes police constable who was restraining him to prevent a breach of the peace at a bus stop. The House of Lords confirmed that every citizen has the right and duty to take reasonable steps, including detention, to prevent a breach of the peace. Facts The...
A child with a shunt suffered brain damage when a blocked shunt was not diagnosed by telephone. The GP failed to ask specific questions that would have revealed symptoms indicating shunt blockage. The Court of Appeal allowed the appeal and ordered a retrial, finding the trial judge had improperly applied...
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...
Storkwain Ltd, a pharmacy, supplied controlled medicines on the basis of forged prescriptions which they believed to be genuine. The House of Lords held that the offence under section 58(2)(a) of the Medicines Act 1968 is one of strict liability and does not require proof of mens rea. Facts The...
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...
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...
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....