December 20, 2025
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...
December 20, 2025
Dispute arose whether an appeal to the Court of Appeal was permitted from a High Court decision under section 9 of the Arbitration Act 1996 regarding a stay of proceedings. The House of Lords held that despite a drafting error in section 18(1)(g) of the Supreme Court Act 1981, the...
December 20, 2025
French champagne producers sought to prevent English cider makers from using 'Champagne Cider' and 'Champagne Perry' labels. The case established important guidelines on when English courts should refer questions of European Community law interpretation to the European Court of Justice under Article 177 of the Treaty of Rome. Facts French...
December 20, 2025
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...
December 20, 2025
A taxpayer appealed against income tax assessments but transmitted his Case Stated to the High Court eight days late. The Court of Appeal held that the 30-day time limit in Section 56(4) of the Taxes Management Act 1970 was mandatory, and failure to comply deprived the Court of jurisdiction to...
December 20, 2025
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...
December 20, 2025
Italian employees sought unpaid wages after their employers became insolvent. Italy had failed to implement EU Directive 80/987 protecting employees in insolvency cases. The Court established that Member States must compensate individuals for losses caused by failure to implement directives, creating the principle of state liability. Facts Andrea Francovich had...
December 20, 2025
Mr Fothergill's suitcase was damaged during an international flight and some contents were missing. He reported the damage but not the loss of contents within seven days. The House of Lords held that 'damage' in Article 26(2) of the Warsaw Convention includes partial loss of contents, requiring timely complaint. Facts...
December 20, 2025
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...
December 20, 2025
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...
December 20, 2025
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...
December 20, 2025
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...
December 20, 2025
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....
December 20, 2025
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....
December 20, 2025
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...
December 20, 2025
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...
December 20, 2025
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...
December 20, 2025
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...
December 20, 2025
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....
December 20, 2025
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,...
December 20, 2025
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...
December 20, 2025
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...
December 20, 2025
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...
December 19, 2025
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...
December 19, 2025
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...
August 30, 2026
National Case Law Archive
August 30, 2026
National Case Law Archive
August 30, 2026
National Case Law Archive