Case summaries

Lady justice with law books

R v Burstow; R v Ireland [1997] UKHL 34

Two appeals concerning whether psychiatric injury can constitute bodily harm under the Offences against the Person Act 1861. Ireland made silent telephone calls causing psychiatric illness; Burstow stalked a woman causing severe depression. The House of Lords held psychiatric injury is bodily harm and can be inflicted without physical violence....

Law books in a law library

Pepper v Hart [1992] UKHL 3

Schoolmasters were taxed on the benefit of concessionary school fees for their children. The House of Lords held that courts may refer to Hansard to interpret ambiguous legislation where ministerial statements clearly indicate Parliament's intention. This landmark case relaxed the exclusionary rule against using Parliamentary materials in statutory construction. Facts...

Law books on a desk

Morelle Ltd v Wakeling [1955] EWCA Civ 1

A Dublin-incorporated company claimed leasehold property in London. The defendant tenants argued the company's title was forfeited under the Mortmain Acts as it was a foreign corporation without licence to hold land. The Court of Appeal held the earlier Morelle case was binding and not decided per incuriam, establishing strict...

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Milchkontor v Haupzollamt Saarbrucken (Interpretation of the Court of Justice Binding) [1969] EUECJ C-29/68

A German company challenged turnover equalization tax rates on imports. The Court clarified that its preliminary rulings bind national courts, but those courts may make further references if needed. The case interpreted Article 97 EEC Treaty regarding average tax rates for imported products. Facts Milch-, Fett- und Eierkontor GmbH, a...

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Ladd v Marshall [1954] EWCA Civ 1

Mr Ladd claimed he paid £1,000 cash 'under the counter' to Mr Marshall for property but Marshall denied receiving it. After losing at trial, Ladd sought to appeal using fresh evidence from Marshall's ex-wife who now claimed she lied at trial. The Court of Appeal refused, establishing the three-part test...

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Khorasandjian v Bush [1993] EWCA Civ 18

A young woman sought an injunction against a former friend who persistently harassed her through telephone calls, threats, and pestering behaviour. The Court of Appeal upheld the injunction, extending the tort of private nuisance to protect a person lawfully present in property from harassing telephone calls, regardless of proprietary interest....

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Internationale Handelsgesellschaft mbH v Einfuhr [1970] EUECJ C-11/70

A German company challenged EU regulations requiring export licence deposits as contrary to German constitutional rights. The Court of Justice ruled that Community law validity cannot be judged by national constitutional standards, but fundamental rights form part of Community law's general principles. Facts Internationale Handelsgesellschaft mbH, a company registered in...

Lady justice next to law books

Heydon’s Case [1584] EWHC Exch J36

A dispute over the validity of a lease made by a dissolved college. The Exchequer Court established the famous 'mischief rule' for statutory interpretation, requiring courts to consider the common law, the mischief Parliament sought to remedy, and the remedy provided, to suppress the mischief and advance the remedy. Facts...

Law books on a desk

Golder v United Kingdom [1975] ECHR 1

A prisoner was refused permission by the Home Secretary to consult a solicitor about bringing a libel action against a prison officer. The European Court of Human Rights held this violated Article 6(1), establishing that the right to a fair trial includes a right of access to the courts, and...