The appellant aggressively interrogated a lodger about a missing ring, allegedly striking him and locking him in a room. The victim escaped through a window and was injured. The Court of Appeal held that 'actual bodily harm' can include psychiatric injury but not mere emotions like fear or distress, and...
Mrs Savage threw beer over Miss Beal in a pub; the glass broke and cut Miss Beal's wrist. The House of Lords held that for assault occasioning actual bodily harm under section 47, the prosecution need only prove an assault and that actual bodily harm resulted, without requiring foresight of...
The defendant stole money from a gas meter, causing gas to leak and partially asphyxiate a neighbour. The Court of Appeal quashed his conviction for maliciously administering a noxious substance, ruling that 'maliciously' requires foreseeability of harm, not merely general wickedness from an unrelated unlawful act. Facts The defendant removed...
The appellant engaged in stalking behaviour towards Miss Wilson, including delivering over 800 letters and making threats. The victim suffered depression and anxiety. The Court of Appeal held that words alone, including written letters, can constitute an assault if they cause the victim to apprehend immediate unlawful violence. Facts The...
Tuberville grabbed his sword handle but stated he would not act because judges were in town. Savage attacked him, causing loss of an eye. The court held that conditional threats without imminent harm do not constitute assault, establishing that words can negate an apparent threat. Facts Savage made insulting comments...
Mr Spencer suffered a minor knee injury at work which led to leg amputation. Later, while filling his car at a petrol station without using his prosthesis or walking sticks, he fell and sustained further serious injuries. The Court held the original tortfeasor remained liable for the subsequent injury, reduced...
The Heimgar suffered collision damage from the Carslogie, then heavy weather damage on voyage to repairs. Both were repaired concurrently. The House of Lords held the Carslogie's owners were not liable for detention damages as the Heimgar was already immobilised by the weather damage when collision repairs occurred. Facts On...
The claimant suffered an ankle fracture due to the defendant council's negligence. The defendant sought to amend its defence to argue that negligent NHS surgery broke the chain of causation. The District Judge refused permission, but the High Court allowed the appeal, holding there is no rule requiring 'grossly negligent'...
Mrs Webb, a polio survivor, injured her knee tripping at work. Her consultant negligently advised amputation without proper investigation or discussing alternatives. The Court of Appeal held that had she been properly advised, she would not have consented to amputation, and apportioned liability between her employer and the NHS Trust....
Following a major oil spill off Nigeria's coast in December 2011, claimants argued there was a continuing nuisance while oil remained on their land, allowing fresh limitation periods. The Supreme Court held that a one-off event causing ongoing damage does not constitute a continuing nuisance; the cause of action accrued...
A woman was raped by an elder of the Jehovah's Witnesses. The Supreme Court considered whether the organisation was vicariously liable. While the relationship between elder and organisation was akin to employment (stage 1 satisfied), the rape was not sufficiently connected to his authorised activities as elder (stage 2 failed)....
A horse trainer bought oats matching a sample shown to him, but mistakenly believed they were old oats when they were new (green) oats. The court held that the seller was not obliged to correct the buyer's unilateral mistake. This case established the objective test for contract formation. Facts Mr...
RTS agreed to supply automated equipment to Müller under a Letter of Intent while negotiating detailed contract terms. Work proceeded without a formal contract being signed. The Supreme Court held that by their conduct, particularly a variation agreement on 25 August 2005, the parties waived the ‘subject to contract’ requirement...
Reveille produced MasterChef US and negotiated with Anotech to integrate cookware products into episodes and license the MasterChef brand. A Deal Memo stated it was not binding until signed by Reveille, but Reveille never signed. The Court held a binding contract was formed through Reveille's conduct in performing the agreement's...
Mr Partridge advertised wild birds for sale in a magazine. He was charged with offering for sale a bramblefinch contrary to the Protection of Birds Act 1954. The court held the advertisement was merely an invitation to treat, not an offer for sale, establishing that advertisements are generally invitations to...
An auctioneer advertised office furniture for sale at auction. The plaintiff travelled to attend but the goods were withdrawn. The court held that an advertisement of an auction is merely a declaration of intent, not an offer, so the auctioneer was not liable for the plaintiff's wasted expenses. Facts The...
Wang Global sought permission to appeal against a costs order made against it as a non-party under section 51 of the Supreme Court Act 1981. The Court of Appeal granted permission, finding it arguable that the judge below had not properly applied legal principles when exercising his discretion on non-party...
McLean offered to sell iron warrants to Stevenson, open till Monday. Stevenson sent an inquiry about modified terms, which McLean ignored before selling to another party. The court held Stevenson's inquiry was not a counter-offer rejecting the original offer, and their subsequent acceptance created a binding contract. Facts The plaintiff,...
Dodds offered to sell property to Dickinson, promising to keep the offer open until Friday 9 AM, but sold to a third party (Allan) before Dickinson accepted. Dickinson, having learned of the sale to Allan from an intermediary, nevertheless attempted to accept and sued for specific performance. The Court of...
Van Tienhoven posted an offer to sell tinplates from Cardiff to Byrne in New York. Byrne accepted by telegram upon receipt, but Van Tienhoven had already posted a revocation letter. The court held that revocation is only effective upon actual communication to the offeree, not upon posting. Facts Van Tienhoven...
Claimants alleged their solicitors were negligent in failing to advise that a share sale transaction had completed, thereby losing their right to enforce undertakings for payment. The court found completion did not occur as no confirmatory telephone call took place between solicitors, and dismissed the negligence claim. Facts The claimants,...
Mr Grant applied for shares in an insurance company. The company posted a letter of allotment which was lost in the post and never received. The Court of Appeal held that a valid contract existed because acceptance is effective upon posting, even if the letter never arrives. This case affirmed...
A dispute arose over a rare Ferrari 250 GTO gearbox separated from the car sold for $44 million. The buyer sought specific performance to obtain the gearbox. The Court of Appeal held that the buyer was entitled to the gearbox but must pay the seller $500,000 plus shipping costs, affirming...
Brinkibon, a London company, sent acceptance of a contract by telex to Stahag in Vienna. The House of Lords held that for instantaneous communications like telex, a contract is formed where acceptance is received, thus the contract was formed in Austria, not England. Facts Brinkibon Ltd, a company based in...
HMRC argued that part-time football referees in the National Group were employees of PGMOL for tax and National Insurance purposes. The Supreme Court held that individual match contracts satisfied the requirements of mutuality of obligation and control necessary for employment, remitting the case to determine overall employment status. Facts Professional...