In Silkin v. Beaverbrook NewspapersLtd. , 1958 1 W.L.R. 743, a Judicial functions of the House of Lords House of Lords case, the famous speech of Lord Diplock states succinctly the principle that freedom of speech is subject to the law and like any other Freedom political freedom there is a balancing. In freedom of speech this right must be balanced against the essential need of the individuals to protect their libel and slander reputation . Lord Diplock stated at pp. 745 46 Freedom of speech, like the other fundamental freedoms, is freedom under the law, and over the years the law has maintained a balance between, on the one hand, the right of the individual . . . whether he is in public life or not, to his unsullied reputation if he deserves it, and on the other hand . . . the right of the public . . . to express their views honestly and fearlessly on matters of public interest, even though that involves strong criticism of the conduct of public people. DEFAULTSORT Silkin V Beaverbrook NewspapersLtd Category House of Lords cases Category 1958 in the United Kingdom Category 1958 in case law ... more details
Theakston v Mirror Group NewspapersLtd 2002 EWHC 137 QB ref http portal.nasstar.com 75 files Theakston v MGN 20QBD 2014 20Feb 202002.pdf ref was a High Court judgment in which British television presenter Jamie Theakston attempted to injunct the Sunday People from publishing a story about how he visited a brothel in Mayfair , London . ref http www.simonmcaleese.com asp index.asp?objectid 1061&Mode 0&RecordID 131 ref Theakston argued that the publication of the story breached his right to privacy under Article 8 of the European Convention of Human Rights, that the activities had taken place in private and therefore should be treated as confidencial and that there was no public interest in publication. The Sunday people argued that the publication of the story was in the public interest given the concern of the British Broadcasting Corporation to ensure that presenters of programmes aimed at younger people conduct themselves appropriately in public. The court were skeptical of Theakston s assertion that he only realised that he was in a brothel when other prostitutes entered the room. ref http www.swanturton.com ebulletins archive JKCSexandprivacy.aspx ref See also English privacy law References references External links http portal.nasstar.com 75 files Theakston v MGN 20QBD 2014 20Feb 202002.pdf Theakston v Mirror Group NewspapersLtd Category English privacy case law ... more details
infobox court case name Albert Reynolds Reynolds v Times NewspapersLtd court House of Lords image date decided 1999 full name Reynolds v Times NewspapersLtd 2001 2 AC 127 judges Lord Bingham citations Cases cited Legislation cited prior actions 1998 EMLR 723 br 1998 3 WLR 862 subsequent actions 2001 2 AC 127 HL Keywords defamation , public interest Reynolds v Times NewspapersLtd was a House of Lords case in English defamation law concerning English defamation law Qualified privilege qualified privilege for publication of Defamation defamatory statements in the public interest. The case provided the Reynolds defence , which can be raised where it is clear that the journalist had a duty to publish an allegation even if it turns out to be wrong. In adjudicating on an attempted Reynolds defence a court will investigate the conduct of the journalist and the content of the publication. The subsequent case of Jameel v Wall Street Journal Europe ref 2006 UKHL 44 ref affirmed the defence, which has been successfully raised in several defamation proceedings. ref Roberts v Gable 2007 EWCA Civ 721 ref ref Armstrong v Times NewspapersLtd 2005 EWCA Civ 1007 ref ref Al Fagih v HH Saudi Research & Marketing UK Ltd 2001 EWCA Civ 1634 ref Facts Albert Reynolds had been the Taoiseach Prime Minister of Ireland, until a political crisis in 1994. The Times had published an article in Ireland to the effect that Reynolds had misled the Irish Parliament this article was then published in the United Kingdom. However, the UK version omitted an explanation that Reynolds had given for the events, which ... Reynolds V Times NewspapersLtd Category English defamation case law Category House of Lords ... NewspapersLtd appealed that the defence of qualified privilege be considered the Court of Appeal denied ... Judgments Reynolds v. Times Newspapers Limited and Others publisher House of Lords date 28 October ... of Lords in Jameel v Wall Street Journal Europe , where Lord Hoffmann , giving the lead ... more details
Good article Infobox Court Case name Greene v Associated NewspapersLtd court Court of Appeal of England and Wales date decided 5 November 2004 full name Martha Greene v Associated NewspapersLtd citations 2004 EWCA Civ 1462 judges Anthony May judge May , John Dyson judge Dyson and Henry Brooke judge Brooke LJJ prior actions High Court of Justice Queen s Bench Division 2004 EWHC 2322 subsequent actions opinions Brooke LJ transcripts http www.bailii.org ew cases EWCA Civ 2004 1462.html transcript at BAILII ref cite BAILII litigants Greene v Associated NewspapersLtd link country court EWCA division ... 2004. ref cite book title Greene v Associated NewspapersLtd Case Analysis Court of Appeal publisher ... EMLR 217 date courtname juris ref keywords confidentiality, injunction, Greene v Associated NewspapersLtd 2004 EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use ..., sought an injunction against Associated NewspapersLtd to prevent them publishing alleged ... than not to succeed at trial, a test applied to confidentiality cases in Cream Holdings Ltdv Banerjee and the Liverpool Post and Echo Ltd . Greene claimed that the Cream test should be applied rather ... against Associated NewspapersLtd to prevent them publishing allegations that she was linked to Peter Foster , a convicted fraudster. Associated Newspapers claimed they had emails proving the link ... were fakes. At the time, the law on injunctions was governed by two cases Bonnard v Perryman and Cream Holdings Ltdv Banerjee and the Liverpool Post and Echo Ltd . Bonnard established that The right ... false. The test at the time for a preliminary injunction in defamation cases was Bonnard v Perryman ... to apply Bonnard v Perryman , but granted an injunction until such time as a more senior court could determine Bonnard s status. ref cite book date 16 October 2004 title Greene v Associated NewspapersLtd Case Analysis Queen s Bench Division publisher Sweet & Maxwell ref The case then went to the Court ... more details
cleanup date March 2010 Infobox Court Case name Attorney General v Observer Ltd court House of Lords image date filed date decided 13 October 1988 full name Attorney General v Observer Ltd Attorney General v Times NewspapersLtd No.2 Attorney General v Guardian NewspapersLtd No.2 citations judges prior actions subsequent actions opinions transcripts http www.bailii.org uk cases UKHL 1988 6.html Full text of the judgment Keywords Attorney General v Observer Ltd 1990 http www.bailii.org uk cases UKHL 1988 6.html 1 AC 109 is an important English tort law case on breach of confidentiality. On the novel facts of a spy s publication of secret information, it also raised questions of the interests of public policy and freedom of expression under the European Convention on Human Rights . Facts Peter Wright worked for MI5. He wrote a book called Spycatcher , describing his work. This was in breach of the Official Secrets Act 1911 . It was published in Australia and the US. The Observer and The Guardian published articles on proceedings in the Australian courts by the UK government to stop the publication. The Attorney General then sought and received an interlocutory injunction restraining publication of information obtained by Wright in June 1986. In July 1987 the Sunday Times published extracts from the book two days before its publication in the US. The Attorney General sought and was given injunctions to restrain further publication. But Scott J discharged them, holding the paper was liable to account for profits resulting from the publication. The Court of Appeal dismissed the Attorney General s appeal, and he appealed again to the House of Lords. Judgment Lord Keith of Kinkel, Lord Brightman, Lord Griffiths, Lord Goff of Chieveley and Lord Jauncey of Tullichettle upheld the Attorney General s appeal, finding that the Sunday Times publication was in breach of its duty of confidence ... 6.html Full text of the judgment from Bailii DEFAULTSORT Attorney General V Observer Ltd Category ... more details
Infobox Court Case name O Brien v MGN Ltd court Court of Appeal image The Daily Mirror Sorry We Were Hoaxed.jpg date decided full name citations 2001 EWCA Civ 1279 judges prior actions subsequent actions opinions transcripts keywords Reasonable notice, incorporation O Brien v MGN Ltd 2001 EWCA Civ 1279 is an English contract law case, concerning incorporation of terms through reasonable notice. Facts The Mirror Group Newspaper put scratchcards with its newspapers. If the card came up with money, players called a premium rate number to see if the amount matched a mystery bonus cash amount. Mr O Brien on 3 July 1995 got two sums of 50,000. 1471 other people did as well, because MGN had distributed too many by mistake. MGN had only intended to have one prize of 50,000. MGN held a draw among the 1472. MGN pointed to Rule 5 , which said there would be a draw where more prizes were claimed than available. Rule 5, however, although published in some newspapers, was not to be found in the 3 July 1995 edition. This only said Normal Mirror Group rules apply. Mr O Brien had seen that. The question was whether Rule 5 was incorporated into the scratchcard agreement. Judgment Hale LJ held that Rule 5 was incorporated. She noted that Rule 5 was no big burden on the claimant like in Interfoto nor excluding liability for injury like Thornton, but simply deprived a windfall. ref 2001 EWCA Civ 1279, 21 ref She also noted that in the test for incorporation, the words onerous or unusual are not terms of art . ref 2001 EWCA Civ 1279, 23 ref Potter LJ concurred with Hale LJ. Sir Anthony Evans was doubtful that judge s reasons were right and thought the rule was onerous enough to require more notice. See also Parker v South Eastern Railway Co 1877 2 CPD 416 Chapelton v Barry UDC 1940 1 KB 532 Olley v Marlborough Court Ltd 1949 1 KB 532 J Spurling Ltdv Bradshaw 1956 1 WLR 461 Thornton v Shoe Lane Parking Ltd 1971 2 QB 163 Notes reflist 2 Category English contract case law Category Court of Appeal ... more details
Infobox Court Case name Campbell v Mirror Group NewspapersLtd court House of Lords image NaomiCampbell.jpg date decided full name citations judges Lord Nicholls, Lord Hoffman, Baroness Hale, Lord Carswell, Lord Hope prior actions subsequent actions opinions transcripts http www.bailii.org uk cases UKHL 2004 22.html Full text of judgment keywords Campbell v Mirror Group NewspapersLtd 2004 http www.bailii.org uk cases UKHL 2004 22.html UKHL 22 was a House of Lords decision regarding Human Rights Act 1998 human rights and privacy in English law. Facts Well known model Naomi Campbell was photographed leaving a rehabilitation clinic, following public denials that she was a recovering drug addict. The photographs were published in a publication run by MGN. Campbell sought damages under the English law through her lawyers Schillings who engaged Richard Spearman QC to bring a claim for breach of confidence engaging s. 8 of the Human Rights Act, which required the court to operate compatibly with the European Convention on Human Rights . The desired result was a ruling that the English tort ... ECHR provisions Douglas v Hello Ltd 2005 EWCA Civ 595 His Royal Highness the Prince of Wales v Associated NewspapersLtd 2006 EWCA Civ 1776 Privacy in English law External links http www.bailii.org ... v Ash, Mosley v MGN , Murray v Express newspapers, have also had a claim for misuse of private ... se . Approving A v B plc ref A v B plc 2003 QB 195 per Lord Woolf CJ ref , Lord Hope of Craighead noted ... offensive to a reasonable person ref Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd 2001 208 CLR 199 ref in the plaintiff s position ref at 92 ref can be used for guidance. Privacy ... Court of Human Rights in Tammer v. Estonia, Lord Hoffman stated that romantic or sexual relationships ... the only case in Europe which runs contrary to this presumption is Von Hannover v Germany ... not be allowed. Likely to establish was previously confirmed in R v Cream Holdings to mean more likely ... more details
Infobox Court Case name Cumbrian NewspapersLtdv C&W Herald Co Ltd court High Court image caption date decided full name Cumbrian Newspapers Group Ltdv Cumberland & Westmorland Herald Newspaper & Printing Co Ltd citations 1986 BCLC 286 judges prior actions subsequent actions opinions Scott J transcripts keywords Share, class rights Cumbrian Newspapers Group Ltdv Cumberland & Westmorland Herald Newspaper & Printing Co Ltd 1986 BCLC 286 is a UK company law case concerning variation of the class rights attached to share s. Facts CN Group CNG published the Penrith Observer with a 5500 weekly circulation. The chairman Sir John Burgess as he later became also had 10.67 of the shares in CWHNP since 1968. Under the constitution CNG had negotiated special rights which it had bargained for in return for closing down a competing paper, the Cumberland Herald, when it had joined, and for acting as CWHNP s advertising agent. It had the right to preferences on unissued shares article 5 to not be subject to have a transfer of shares to it refused by the directors article 7 pre emption rights article 9 and the right to appoint a director if shareholding remained above 10 article 12 . The CWHNP directors wanted to cancel CNG s special rights. CNG argued they were class rights that could only be varied with its consent. Judgment Scott J held that the CNG s rights as a shareholder could not be varied without its consent because they were class rights when they were conferred special rights on one or more of its members in the capacity of member or shareholder . He set out three main categories of special rights that might exist 1 rights annexed to shares 2 rights for particular people under the constitution, and 3 rights unattached to particular shares but conferring a benefit on a group ... be like that in Eley v Positive Government Security Life Assurance Co Ltd ref 1875 1 Ex D 20 ref but they were ... v Faith . ref 1969 1 All ER 1002 ref Enforcement of such rights depends simply on the possession of some ... more details
Infobox Court Case name His Royal Highness the Prince of Wales v Associated NewspapersLtd court High Court of Justice High Court image right thumb 250px date filed date decided 13 January 2006 full name His Royal Highness the Prince of Wales v Associated Newspapers Limited citations 2006 EWHC 11 Ch judges David Kitchin prior actions subsequent actions opinions transcripts http portal.nasstar.com 75 files HRH 20Prince 20of 20Wales v Associated 20Newspapers 20Ltd 20ChD 2013 20Jan 202006.pdf His Royal Highness the Prince of Wales v. Associated NewspapersLtd Keywords Privacy His Royal Highness the Prince of Wales v Associated NewspapersLtd 2006 EWHC 11 Ch is an English legal case brought about when the Mail on Sunday published extracts of the Diary of Prince Charles , first in line to the British throne. The extracts published were personally embarrassing to the Prince. One extract described Chinese officials as appalling old waxworks . He also referred to the Transfer of sovereignty of Hong Kong as The Great Chinese Takeaway and the Hong Kong handover ceremony as an awful Soviet style performance and ridiculous rigmarole . ref http news.bbc.co.uk 1 hi uk 4450116.stm, ref Judgment Prince Charles won the case and gained an injunction which prevented the Mail on Sunday from publishing further extracts from the diary. ref http www.cbc.ca world story 2006 03 17 charles diary060317.html ref See also Privacy in English law References references Category English privacy case law Category Charles, Prince of Wales Category High Court of Justice cases Category 2006 in case law Category 2006 in the United Kingdom UK law stub ... more details
Provincial Newspapers QLD Ltd. PNQ was a regionally based newspaper publishing enterprise established ... a majority of country newspapers, meant that PNQ was bought by the Irish media company Haswell Pty Ltd ... country newspapers one by one. ref name Manning In 1968, Provincial Newspapers QLD Ltd was formed. The Parkinsons ... search S7? aProvincial Newspapers 28Qld. 29 Ltd. aprovincial newspapers qld ltd 3 2C 1 2C0 2CB frameset&FF aprovincial newspapers qld ltd&1 2C1 2C Archive held at the Fryer Library, University of Queensland ... Provincial Newspapers. PNQ was created through the amalgamation of six privately owned, regionally ... newspapers from metropolitan competition and multinational take overs. At the time of formation, the companies ... its publishing activities to include nine daily newspapers in Queensland and four in New South Wales ... Corporation, a subsidiary of APN News & Media Ltd APN . ref name Six dynasties History and Family ... of daily, weekly and periodic newspapers in regional areas of Queensland aiming to keep readers in touch ... newspapers operated in a different readership environment to their metropolitan counterparts. PNQ s newspapers focused on the local communities in which their newspapers were distributed. The popularity of its newspapers was reflected in the loyalty of the town based readership which appreciated the availability ... to a home grown enterprise. The Dunn family The Dunns owned or part owned newspapers in the Queensland ... within his provincial publications. The Dunn family soon realised that their provincial newspapers ... the ...man who initiated the first chain of major provincial newspapers in Queensland. ref name ... and Publishing Company Pty. Ltd. It also bought 50 per cent of Radio 4MK, Mackay s first radio .... Prior to the PNQ amalgamation, Andrew Dunn the man who initiated the first chain of provincial newspapers ... of these newspapers. Additionally, these three functions provided the context within which to consider ... of wire services as a source of news content for the newspapers. Ultimately, these factors led ... more details
us 475 767 http lawschool.courtroomview.com acf cases 9242 philadelphia newspapersv hepps http www.ecasebriefs.com blog law torts torts keyed to epstein defamation philadelphia newspapers inc v hepps Categories DEFAULTSORT Philadelphia NewspapersV. Hepps Category 1986 in law Category ... more details
Infobox Court Case name Aveling Barford Ltdv Perion Ltd court High Court image caption date decided full name citations 1989 BCLC 626 judges prior actions subsequent actions opinions transcripts keywords Reduction of capital Aveling Barford Ltdv Perion Ltd 1989 BCLC 626 is a UK company law case concerning reduction of capital . It held that a sale at an undervalue of an asset was a dress up and unlawful reduction of capital. The proper procedure for reduction of capital is now found in CA 2006 sections 641 653. Facts Mr Lee owned and controlled both Aveling Barford Ltd and Perion Ltd. Aveling Barford had a sports ground and with it, residential planning permission, but it did not have enough money to make a distribution to its shareholders. So the property of Aveling Barford was conveyed to Perion for 350,000, when its actual resale value was 1,520,000. Aveling Barford then went into liquidation. The liquidator sued to have Perion be declared a constructive trustee of the resale proceeds price. Judgment Hoffmann J held that it was the director s duty to obtain the full value of the land for Aveling Barford, so Mr Lee was in breach of fiduciary duty . He was, therefore, accountable as a constructive trustee. Whether or not the act was approved by all shareholders was irrelevant since the company cannot return its capital to shareholders without court leave, or following the special procedure. This was a dressed up distribution , it was ultra vires and incapable of validation or ratification. Cquote The rule that capital may not be returned to shareholders is a rule for the protection of creditor s and the evasion of the rule falls within what I think Slade LJ had in mind when he spoke of fraud on creditors. See also Clist shares Clist personality UK company law CA 2006 s 845 Progress Property Co Ltdv Moorgarth Group Ltd 2010 UKSC 55 Notes refs 2 References External links Category United Kingdom company case law Category Grantham ... more details
Unsourced image removed Image Donohoe Irish family crest.gif frame Donahue family crest Donahue is the Americanized ... of Griffith s Valuation 1847 1864 , 2,483, or 88 , were listed as Donohoe. None were listed as Donahue ... Galway, and County Kerry. The name Donahue may refer to one of several people Ann Donahue born 1955 , American television writer Art Donahue 1913 1942 , American pilot who flew for the Royal Air Force during the Battle of Britain Cornelius Donahue 1850 1878 , American Old West outlaw Elinor Donahue born 1937 , American actress Heather Donahue born 1974 , American actress Jack Donahue 1804 1830 , Australian outlaw Jack Donahue Louisiana politician Jack Donahue born 1944 , Louisiana politician and philanthropist Jed Donahue born 1960 , American Sports Radio Jed Donahue , American competitive eater Jerry Donahue born 1946 , American guitarist Jiggs Donahue , American baseball player Jim Donahue 1862 1935 , American baseball player John Donahue , American baseball player John F. Jack Donahue , American founder of Federated Investors Jonathan Donahue , American rock guitarist Joseph Donahue born 1954 , American poet Lisa Donahue born 1976 , American reality TV contestant and actress Mike Donahue 1871 1960 , American athlete and football coach Pat Donahue , American baseball player Patty Donahue 1956 1996 , American New Wave singer Phil Donahue born 1935 , American talk show host Red Donahue Francis Rostell Red Donahue, 1873 1913 , American baseball player Richard Donahue 1979 1984 British actor and taxidermist Sam Donahue 1918 1974 , American saxophonist Terry Donahue baseball Terry Donahue born 1925 , Canadian female professional baseball player Terry Donahue born 1944 , American college football coach Thomas R. Donahue born 1928 , American organized labor activist Tim Donahue 1870 1902 , American baseball player Timothy Donahue , American executive Troy Donahue 1936 2001 , American actor Other uses Donahue, Iowa , a small city in the United States The Phil Donahue Show ... more details
Infobox Court Case name ICI Ltdv Shatwell court House of Lords image caption date decided full name citations 1965 AC 656 judges prior actions subsequent actions opinions transcripts keywords Volenti non fit injuria ICI Ltdv Shatwell 1965 AC 656 is a UK labour law case concerning Facts Two shot firing brothers were injured because they could not be bothered to take the mandatory precautions. Judgment Lord Denning MR held that they were not entitled to compensation. See also Clist unfair dismissal UK labour law Unfair dismissal Notes refs 2 References External links Category United Kingdom labour case law Category House of Lords cases Category 1965 in case law Category 1965 in the United Kingdom ... more details
Infobox Court Case name Chartbrook Ltdv Persimmon Homes Ltd court House of Lords image caption date decided full name citations 2009 http www.bailii.org uk cases UKHL 2009 38.html UKHL 38 , 2009 1 A.C. 1101, 2009 3 W.L.R. 267 judges prior actions 2008 EWCA Civ 183, 2008 2 All E.R. Comm 387 subsequent actions opinions Lord Hope, Lord Hoffmann, Lord Rodger, Lord Walker and Baroness Hale transcripts keywords Interpretation Chartbrook Ltdv Persimmon Homes Ltd 2009 http www.bailii.org uk cases UKHL ... v Pim ref Frederick E Rose London Ltdv William H Pim Junior & Co Ltd 1953 2 QB 450 ref document can ... Homes Ltd claimed that a contract it had to develop Chartbrook Ltd s land should be interpreted differently, so that they would be paid more. The contract said Persimmon Ltd was entitled to an Additional ... Court and Court of Appeal agreed with Chartbrook s interpretation. Persimmon Ltd appealed on the interpretation ... it contended that the rule in Prenn v Simmonds ref 1971 1 WLR 1381 ref that pre contractual ... allowed the appeal by Persimmon Ltd, and agreed that properly construed the contract should ... person would understand, following ICS v West Bromwich BS . There was no limit to the amount of red ... also held that, following Prenn v Simmonds , while a theory of objective interpretation could ... a contractual document as in BCCI v Ali ref Bank of Credit and Commerce International SA v Ali No 1 2001 UKHL 8, 2002 1 AC 251 ref it remains inadmissible because it is usually irrelevant .... ref Jones v Secretary of State for Social Services 1972 AC 944 ref While the decision of Kerr J in The Karen ... about rectification, it was noted that Joscelyne v Nissen Ref 1970 2 QB 86 ref made rectification ... carry little weight, ref Carmichael v National Power plc 1999 1 WLR 2042 and George Cohen Sons & Co Ltdv Docks and Inland Waterways Executive 1950 84 Ll L Rep. 97 considered ref though unlike a claim regarding ordinary interpretation would not be inadmissible. Here, if Persimmon Ltd had not succeeded ... more details
Infobox Court Case name Rigby v Ferodo Ltd court House of Lords image caption date decided full name citations 1988 ICR 29 judges Lord Bridge, Lord Fraser, Lord Brightman, Lord Ackner and Lord Oliver. prior actions subsequent actions opinions transcripts keywords Employment contract Rigby v Ferodo Ltd 1988 ICR 29 is a UK labour law case concerning the contract of employment . It held that if an employer reduces wages without a worker s consent, the worker may continue to work and claim the shortfall. Facts Ferodo Ltd cut wages by 5 to stay afloat. The trade union agreed not to strike. Mr Rigby, who worked as a lathe operator on 129 a week with a contract terminable on 12 weeks notice, made it known he did not accept the wage reduction. For him this was approximately 30 a week. He continued to work and after over a year, he claimed for shortfall. The judge held there was a unilateral variation of the contract, which amounted to a breach, and so Mr Rigby was entitled to damages. The Court of Appeal agreed. Ferodo Ltd appealed to the House of Lords. Judgment The House of Lords held that there had been a repudiatory breach of contract by the employer and so Mr Rigby was entitled to claim his shortfall in wages. If the employee continued to work, this did not necessarily imply he accepted the change, nor was it the case that the contract was automatically brought to an end. Moreover because Ferodo Ltd had not in fact terminated the contract the damages that Mr Rigby received could be beyond the 12 week notice period in which the contract could legitimately have been terminated, and a notice of unilateral variation could not be implicitly construed as giving notice of termination. See also Clist employment contract UK labour law Employment contract in English law Autoclenz Ltdv Belcher 2011 http www.bailii.org uk cases UKSC 2011 41.html UKSC 41 Notes refs 2 References External links Category United Kingdom labour case law Category House of Lords cases Category 1988 in case ... more details
Infobox Court Case name OBG Ltdv Allan court House of Lords image date decided full name citations 2007 UKHL 21, 2008 1 AC 1, 2007 2 WLR 920 judges Lord Hoffmann, Lord Nicholls, Lord Walker, Baroness Hale and Lord Brown prior actions 2005 EWCA Civ 106, 2005 QB 762 subsequent actions opinions transcripts keywords Economic tort, interference with a contract OBG Ltdv Allan 2007 http www.bailii.org uk cases UKHL 2007 21.html UKHL 21 was a combined appeal with Douglas v Hello Ltd and Mainstream Properties Ltdv Young and stands as the leading case on economic torts in English law . Facts Lord Hoffmann in his judgment summarised the facts. Cquote In OBG Ltdv Allan 2005 QB 762 the defendants were receivers purportedly appointed under a floating charge which is admitted to have been invalid. Acting in good faith, they took control of the claimant company s assets and undertaking. The claimant says that this was not only a trespass to its land and a conversion law conversion of its chattels but also the tort of unlawful interference with its contractual relations. It claims that the defendants are liable in damages for the value of the assets and undertaking, including the value of the contractual claims, as at the date of their appointment. Alternatively, it says the defendants are liable for the same damages in conversion. In Douglas v Hello Ltd 2006 QB 125 the magazine OK contracted for the exclusive right to publish photographs of a celebrity wedding at which all other photography would be forbidden. The rival magazine Hello published photographs which it knew to have been surreptitiously taken by an unauthorised photographer pretending to be a waiter or guest. OK says that this was interference ... Ltdv Young 2005 IRLR 964 two employees of a property company, in breach of their contracts, diverted ... and 202 . ref See also Economic torts in English law Conversion law Torquay Hotel Co Ltdv Cousins ... ldjudgmt jd070502 obg 1.htm House of Lords judgments page DEFAULTSORT Obg LtdV Allan Category ... more details
Infobox Court Case name Atlasview Ltdv Brightview Ltd court High Court Chancery image date decided full name citations 2004 EWHC 1056 Ch , 2004 2 BCLC 191 judges prior actions subsequent actions opinions transcripts keywords Unfair prejudice , reflective loss Atlasview Ltdv Brightview Ltd 2004 EWHC 1056 Ch is a UK company law case, which concerns a claim for unfair prejudice now s 994 Companies Act 2006 and raised the question of barring a claim if attempted to recover for reflective loss loss to the company, which also prejudices a member . The case is a notable precedent because it makes clear that a nominee shareholder is also a legitimate petitioner for unfair prejudice. ref L Sealy and S Worthington, Sealy s Cases and Materials in Company Law 9th edn OUP 2010 651 PL Davies , Gower and Davies Principles of Modern Company Law 8th edn Sweet and Maxwell 2008 683. ref Facts Brightview Ltd provided internet services. Its shares were in two classes, X and Y shares. Mr Shalson held the majority of X shares through another company called Reedbest Properties Ltd. Atlasview Ltd controlled the majority of Y shares. Unfortunately, Brightview s business had faltered after it failed to fulfill an immediate demand to repay a loan of 5.24 million from the X shareholders. An Administration law administration order was made. Shortly after, Brightview was sold to another company owned by the X shareholders. Atlasview complained that it with Y shareholders had been unfairly prejudiced under ... protection UK company law Bhullar v Bhullar O Donnell v Shanahan Referred to in judgment Attorney General v Blake 2001 1 AC 268 Re Cade J E & Son Ltd 1991 BCC 360 Re a Company No 005287 of 1985 ... 2 BCC 99,276 Re Elgindata Ltd 1991 BCLC 959 Giles v Rhind 2003 Ch 618 Re Harrison Saul D & Sons plc 1994 BCC 475 Johnson v Gore Wood & Co 2002 2 AC 1 O Neill v Phillips 1999 1 WLR 1092 Rock Nominees Ltdv RCO Holdings plc 2004 BCC 466 Three Rivers District Council v Governor and Company of the Bank ... more details
Infobox company name V Guard Industries Ltd logo caption type traded as nse VGUARD fate predecessor successor foundation 1977 founder Kochouseph Chittilappilly defunct End date YYYY MM DD location city Kochi location country India location locations area served key people industry products Electrical Appliances services revenue operating income net income assets equity owner num employees parent divisions subsid Wonderla , Veegaland homepage URL vguard.in footnotes intl V Guard Industries Ltd is a major electrical appliances manufacturer in India , and the largest in the state of Kerala with an annual turnover of INR 7 billion. ref http www.thehindu.com todays paper tp sports article1684401.ece The Hindu. V Guard turnover. ref ref http www.thehindu.com todays paper tp sports article2297708.ece The Hindu. V Guard registers increase in profit . ref It manufactures Voltage regulator voltage stabilizer s, wiring cables , electric pump s, electric motors , Water heating geysers , solar water heaters, electric fans and Uninterruptible power supply UPS s. It was founded in 1977 by Kochouseph Chittilappilly as a small voltage stabilizer manufacturing unit. V Guard Industries is also a holding company for other establishments such as Wonderla and Veegaland , amusement parks. ref http www.vguard.in about voltage stabilizers water pumps V Guard Industries Official Website. ref ref http www.thehindubusinessline.com features investment world stock insight article2580221.ece The Hindu BusinessLine. Stock Insight V Guard Industries. ref References Reflist india company stub Category Economy of Kerala Category Companies based in Kerala ... more details
Infobox Court Case name Hogg v Cramphorn Ltd court High Court image caption date decided full name citations 1967 Ch 254 judges prior actions subsequent actions opinions Buckley J transcripts keywords Takeover, proper purpose Hogg v Cramphorn Ltd 1967 Ch 254 is a famous UK company law case on the director liability. The Court held that Board of directors corporate directors who dilute the value of the stock in order to prevent a hostile takeover the poison pill are breaching their fiduciary duty to the company . Facts Mr Baxter approached the board of directors of Cramphorn Ltd. to make a takeover offer for the company. The directors including Colonel Cramphorn who was managing director and chairman believed that the takeover would be bad for the company. So they issued 5707 shares with ten votes each to the trustees of the employee s welfare scheme Cramphorn, an employee and the auditor . This meant they could outvote Hogg s bid for majority control. A shareholder, Mr Hogg, sued, alleging the issue of the shares was ultra vires . Cramphorn argued that the directors actions were all in good faith. It was feared that Mr Baxter would sack many of the workers. Judgment Buckley J, writing for the Court, held that the new shares issued by the directors are invalid. The directors violated their duties as directors by issuing shares for the purpose of preventing the takeover. The power to issue shares creates a fiduciary duty and must only be exercised in order to raise capital and not for any other purposes such as to prevent a takeover. The act could not be justified on the basis that the directors honestly believed that it would be in the best interest of the company. The improper ... meeting , with no votes allowed to the newly issued shares. See also Clist takeovers Cheff v. Mathes , 199 A.2d 548 Del. 1964 Howard Smith Ltdv Ampol Ltd 1974 AC 832. Criterion Properties plc v Stratford UK Properties LLC 2004 UKHL 28 Notes refs 2 References Brudney, Fiduciary Ideology in Transactions ... more details
Clark v TDG Ltd t a Novacold Ltd 1999 IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995 . Facts Mr Clark was injured at work a frozen food warehouse in Hull . He was then dismissed when an orthopaedic doctor said he did not know when he would be able to start again. Judgment Mummery LJ said the DDA drew no direct indirect discrimination distinction, and a justification defence is always available. The comparator was someone who was not disabled, and could do the work. It certainly was discrimination, but on the question of justification, no attention had been paid to the Code of Practice. Significance Some of the comments in this case are no longer good law. Since Directive 2000 78 EC, there has been an amendment to the Disability Discrimination Act so that a direct indirect distinction is introduced, and the language of the Act clarified. Lewisham LBC v Malcolm and EHRC 2008 UKHL 43, 2008 IRLR 700 expressly disapproved the decision, though Baroness Hale dissented. See also UK employment discrimination law UK labour law Human Rights Act 1998 Notes reflist 2 External links http www.hotfroguk.co.uk Companies T D G Novacold TDG Novacold s address Category United Kingdom labour case law Category United Kingdom equality case law Category Court of Appeal of England and Wales cases Category 1999 in case law Category 1999 in the United Kingdom ... more details
Infobox Court Case name Weathersfield Ltdv Sargeant court Court of Appeal of England and Wales image caption date decided 10 December 1998 full name citations 1998 http www.bailii.org ew cases EWCA Civ 1998 1938.html EWCA Civ 1938 , 1999 ICR 425, 1999 Disc LR 290, 1999 IRLR 94 judges Beldam LJ, Swinton Thomas LJ and Pill LJ prior actions subsequent actions opinions transcripts keywords Weathersfield Ltdv Sargeant 1999 IRLR 94 is a UK labour law concerning the scope of race discrimination. Facts Mrs Sargeant got a job at Weathersfield, a car hire company. She was told, we do have a special policy regarding coloured and Asians. We have got to be careful who we hire the vehicles to. If you get a telephone call from any coloured or Asians you can usually tell them by the sound of their voice. You have to tell them that there are no vehicles available. She was appalled, and she resigned. She claimed constructive unfair dismissal for race discrimination. The question was, although she was not herself black, was the treatment she has on grounds of race? Judgment It was held that she could claim. In the Race Relations Act 1976 it says, A person discriminates against another in any circumstances relevant for the purposes of any provision of this Act if a on racial grounds he treats that other less favourably than he treats or would treat other persons . Although Mrs Sargeant was not herself coloured or Asian, the foul conduct of the employer was still on racial grounds . See also Wilson v TB Steelwork Co Ltd ET Case no. 23662 77 A white woman won a race discrimination claim after being refused a job because her husband was black. UK employment discrimination law UK labour law Notes reflist 2 External links Category United Kingdom labour case law Category Discrimination law in the United Kingdom Category Court of Appeal of England and Wales cases Category 1998 in case law Category 1998 in the United Kingdom ... more details
Scruttons Ltdv Midland Silicones Ltd 1961 http www.bailii.org uk cases UKHL 1961 4.html UKHL 4 , 1962 AC 446, is a leading House of Lords case on Privity in English law privity of contract law contract . The Court outlined an exception to the privity rule, known as the Lord Reid test , through agency law agency as it applies to sub contractors and employees seeking protection in their employers contract. Facts Scruttons Ltd was shipping a load of crates through a carrier. In the contract between the two parties there was a limitation of liability clause for 500 per box. The goods were damaged in transit due to the negligence of the stevedores. The stevedores were under contract with the shipping company which contained an exclusion clause. Midland were unaware of the relationship between the carriers and the stevedores. Judgment At first blush, it was clear to the Court that the stevedores could not be exempted by the exemption clause as there was no privity of contract . The Court looked at whether there was a bailment relationship but found none. The case turned on the application of the Elder, Dempster case which suggested that privity could be circumvented. Lord Reid proposed that the stevedores could be covered under the contractual clause through agency if certain pre conditions were satisfied. Cquote I can see a possibility of success of the agency argument if first the bill of lading makes it clear that the stevedore is intended to be protected by the provisions in it which limit liability, secondly the bill of lading makes it clear that the carrier, in addition to contracting for these provisions on his own behalf, is also contracting as agent for the stevedore that these provisions should apply to the stevedore, thirdly the carrier has authority from the stevedore ... these conditions were satisfied in the subsequent case of New Zealand Shipping Co Ltdv A M Satterthwaite & Co Ltd New Zealand Shipping v Satterthwaite The Eurymedon 1975 AC 154. Significance With the Scruttons ... more details
Infobox Court Case name Phillips v Brooks ltd court image Pink sapphire ring.jpg date decided 1 May 1919 full name citations 1919 2 KB 243 judges Horridge J prior actions subsequent actions opinions transcripts keywords Fraudulent misrepresentation , mistake about identity, third party rights Phillips v Daniel Ltd 1919 2 KB 243 is an English contract law case concerning Misrepresentation in English law misrepresentation . It held that a person is deemed to contract with the person in front of them, and that if a third party s rights intervene, rescission for misrepresentation will be precluded. Facts On 15 April 1918, a man named Mr North entered Phillip s jewellery shop and said I am Sir George Bullough . He wrote a dud cheque for 3000 to pay for some pearls and a ring. He said he lived in St James Square . Mr Phillips checked the phone directory, and found there was someone there by that name. Mr Phillips asked if he d like to take the jewellery with him. Mr North said he would leave the pearls but take the ring for his wife s birthday tomorrow . Mr North pledged the ring to Brooks Ltd for 350. The cheque was dishonoured. Mr Phillips sued Brooks Ltd to get the ring back. Note that there are conflicting reports, showing that Mr North only identified himself after the ring was sold, as Viscount Haldane said in Lake v Simmons , but others say that North identified himself straight away. Judgment The earlier judgement of Cundy v Lindsay had established that contracts could be automatically void for mistake to identity . Where this is the case, Title property title does not pass to the fraudulent buyer, and the third party loses out in the entirety. This principle is different where parties contract face to face Horridge J stated cquote I have carefully considered the evidence ... in English law Mistakes in English law Nemo dat quod non habet Cundy v Lindsay Ingram v Little Shogun Finance Ltdv Hudson Notes reflist 2 Category English contract case law Category English ... more details
for the final appeal in the House of Lords OBG Ltdv Allan Infobox Court Case name Douglas v Hello Ltd court Court of Appeal image Catherine Zeta Jones Cannes.jpg date decided full name citations 2005 http www.bailii.org ew cases EWCA Civ 2005 595.html EWCA Civ 595 , 2006 QB 125 judges Lord Phillips MR, Clarke LJ Neuberger LJ prior actions subsequent actions opinions transcripts keywords Privacy, economic tort Douglas v Hello Ltd 2005 http www.bailii.org ew cases EWCA Civ 2005 595.html EWCA Civ 595 was a series of cases in which Michael Douglas and Catherine Zeta Jones challenged unauthorized photos of their wedding. ref http www.law.ed.ac.uk ahrc personality ukcases.asp Hello Personality Database Bot generated title ref The case resulted in OK Magazine being awarded 1,033,156. Facts Michael Douglas and Catherine Zeta Jones agreed a deal with OK Magazine which would give the company exclusivity over their wedding which took place in 2000 at the Plaza Hotel in New York. According to the deal the couple were to approve the selection of photographs used by OK Magazine . In order to ensure the exclusivity there was strict security of the event and no guests were allowed to take photographs ... had been to the detriment of OK magazine. See OBG Ltdv Allan . See also Privacy in English law Notes reflist External links http www.11kbw.com articles docs DouglasvHellotalkPN.pdf Douglas v ...?name .. articles Douglas 20v 20Hello.htm Douglas v. Hello Case Watch Law Articles and News ... ahrc script ed vol4 2 editorial.asp Douglas v Hello An OK result Bot generated title ref Judgments Douglas v Hello 2001 In Douglas v Hello No 1 2001 2 WLR 992 the Douglases attempted to gain an injunction ... at a wedding with 250 guests. Douglas v Hello 2003 In Douglas v Hello No 2 2003 EWHC 786 Ch OK magazine and the Douglases were successful in claiming for breach of confidence against Hello Ltd. as the company ... title ref Douglas v Hello 2005 The Judge Lindsay J upheld the Douglases claim to confidence. Hello ... more details
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