Results: 100

• Partenreederei ms Tilly Russ v Haven & Vervoebedrijf Nova NV

  19 Jun 1984 (Case C-71/83); EU:C:1984:217; [1985] QB 931; [1985] 3 WLR 179, ECJ

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 32.
  SHIPPING — Conflict of laws — Foreign jurisdiction clause
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  Case index catchwords

  SHIPPING — Conflict of laws — Foreign jurisdiction clause — Community law — Bills of lading clause requiring disputes to be settled by courts of Hamburg — Whether agreement in writing or evidence of oral agreement — Whether clause effective as between carrier and ultimate holder of bill — Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Official Journal 1978, L 304, p 1), art 17

  3 Case(s) considered

  1 EU Enactment considered
• Ordre des Avocats au Barreau de Paris v Klopp

  12 Jul 1984 (Case C-107/83); [1985] QB 711; [1985] 2 WLR 1058; (Case C-107/83); EU:C:1984:270, ECJ

  Subsequent considerations : 1 positive. Subsequent citations: 15.
  EUROPEAN ECONOMIC COMMUNITY — Freedom of establishment — Membership of profession
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  EUROPEAN ECONOMIC COMMUNITY — Freedom of establishment — Membership of profession — German advocate with practice in Germany — Advocate qualifying as “avocat” in France — Application for membership of Paris Bar — French law and rules of Paris Bar restricting avccats to one place of practice — Membership of Paris Bar refused while advocate maintaining practice in Germany — No relevant directives under Treaty — Whether application of national restriction incompatible with right of establishment — EEC Treaty (Cmnd 5179-II), art 52

  1 EU Enactment considered
• R v Spencer (R v Smails)

  02 Nov 1984 [1985] QB 771; [1985] 2 WLR 197; [1985] 1 All ER 673; 80 Cr App R 264, CA

  24 Jul 1986 [1987] AC 128; [1986] 3 WLR 348; [1986] 3 All ER 928; 83 Cr App R 277, HL(E)

  Subsequent considerations : 3 positive; 1 neutral. Subsequent citations: 21.
  CRIME — Evidence — Corroboration

  CRIME — Jury — Irregularity

  JUDICIAL PRECEDENT — Court of Appeal decision — Criminal jurisdiction
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  Case index catchwords

  CRIME — Evidence — Corroboration — Patients detained in secure hospital — Complaints against nurses of ill-treatment — Warning of danger of convicting on patient's uncorroborated evidence — Whether essential

  CRIME — Jury — Irregularity — Biased juror discharged from jury — Members of jury directed not to discuss case with discharged juror — Three members disregarding direction — Whether irregularity affecting trial

  JUDICIAL PRECEDENT — Court of Appeal decision — Criminal jurisdiction — Doctrine of stare decisis — Application of doctrine to Criminal Division — Whether Criminal Division bound to follow earlier decision

  14 Case(s) considered
• Lion Laboratories Ltd v Evans

  26 Mar 1984 [1985] QB 526; [1984] 3 WLR 539; [1984] 2 All ER 417, CA

  Subsequent considerations : 4 neutral. Subsequent citations: 50.
  CONFIDENTIAL INFORMATION — Breach of confidence — Public interest
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  Case index catchwords

  CONFIDENTIAL INFORMATION — Breach of confidence — Public interest — Internal memoranda relating to functioning of electronic breathalyser — Memoranda taken without authority by employees and offered to newspaper — Injunction restraining disclosure of confidential information and infringement of copyright — Whether public interest in publication outweighing confidentiality

  1 Case considered
• Leigh & Sillavan Ltd v Aliakmon Shipping Co Ltd (The Aliakmon)

  20 Jul 1982 [1983] 1 Lloyd's Rep 203, QBD (Staughton J)

  07 Dec 1984 [1985] QB 350; [1985] 2 WLR 289; [1985] 2 All ER 44; [1985] 1 Lloyd's Rep 199, CA (Sir John Donaldson MR, Oliver, Robert Goff LJJ)

  24 Apr 1986 (pet all) [1986] AC 785; [1986] 2 WLR 902; [1986] 2 All ER 145; [1986] 2 Lloyd's Rep 1, HL(E) (Lord Keith of Kinkel, Lord Brandon of Oakbrook, Lord Brightman, Lord Griffiths and Lord Ackner)

  Subsequent considerations : 3 positive; 3 neutral; most recently considered: 2023. Subsequent citations: 73.
  NEGLIGENCE — Duty of care to whom? — Carriage of goods

  SALE OF GOODS — Title to sue — Damage to goods
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  Case index catchwords

  NEGLIGENCE — Duty of care to whom? — Carriage of goods — Goods damaged by bad stowage — Buyers under c and f contract not owners of goods — Whether shipowners liable in tort to buyers — Damages for economic loss

  SALE OF GOODS — Title to sue — Damage to goods — Endorsement and delivery of bill of lading varied — Whether term that ownership of goods to pass to buyer varied thereby — Whether c and f buyers without ownership entitled to sue — Whether implied contract with shipowners — Bills of Lading Act 1855, s 1 — Sale of Goods Act 1979, s 19(1)

  13 Case(s) considered

  1 Statute considered
• W A Sherratt Ltd v John Bromley (Church Stretton) Ltd

  02 Nov 1984 [1985] QB 1038; [1985] 2 WLR 742; [1985] 1 All ER 216, CA

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 15.
  PRACTICE — Payment into court — Payment out
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  Case index catchwords

  PRACTICE — Payment into court — Payment out — Claim for balance of payment due under contract — Moneys paid into court in satisfaction of plaintiffs' claim — Defendants going into liquidation — Whether change in circumstances justifying notice of payment in to be withdrawn — Whether plaintiffs secured creditors to extent of payment in — RSC, Ord 22, r 1(3)

  5 Case(s) considered

  1 Statutory Instrument considered
• Bonalumi v Secretary of State for the Home Department

  22 Nov 1984 [1985] QB 675; [1985] 2 WLR 722; [1985] 1 All ER 797, CA

  Subsequent considerations : 1 positive; 1 neutral; 2 negative. Subsequent citations: 17.
  COURT OF APPEAL (CIVIL DIVISION) — Jurisdiction — Criminal cause or matter
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  Case index catchwords

  COURT OF APPEAL (CIVIL DIVISION) — Jurisdiction — Criminal cause or matter — Foreign government requesting details of London bank account as evidence in criminal prosecution — Secretary of State issuing summons in High Court — High Court order for inspection and taking copies of bank account — Whether order made in criminal cause or matter — Whether appeal from High Court to Court of Appeal (Civil Division) — Bankers' Books Evidence Act 1879, s 5 — Supreme Court Act 1981, s 18(1)(a)

  6 Case(s) considered

  2 Statutes considered
• Hipperson v Newbury District Electoral Registration Officer

  01 May 1985 [1985] QB 1060; [1985] 3 WLR 61; [1985] 2 All ER 456; 83 LGR 638, CA

  Subsequent considerations : 1 neutral; most recently considered: 2023. Subsequent citations: 6.
  PARLIAMENT — Election — Registration
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  Case index catchwords

  PARLIAMENT — Election — Registration — Residential qualification — Anti-nuclear encampment outside airfield — Camp extending over highway and common land — Breaches of local byelaws — Whether campers “resident” for voting rights — Effect of illegality or unlawfulness of residence on franchise — Representation of the People Act 1983, ss 1(1), 5(1)(2)(3)

  3 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered
• O’Sullivan v Management Agency and Music Ltd

  14 Feb 1984 [1985] QB 428; [1984] 3 WLR 448; [1985] 3 All ER 351, CA

  Subsequent considerations : 1 neutral; 1 negative; most recently considered: 1996. Subsequent citations: 43.
  INTEREST — Award of damages — Equitable jurisdiction

  UNDUE INFLUENCE — Consent order — Manager and entertainer
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  Case index catchwords

  INTEREST — Award of damages — Equitable jurisdiction — Breach of fiduciary duty — Profits used in part for plaintiff's benefit — Whether compound interest justified

  UNDUE INFLUENCE — Consent order — Manager and entertainer — Joint venture for promotion of entertainer — Orders for rescission of contracts and account for profits — Whether defendants entitled to deduct from profits reasonable remuneration for services rendered — Interest on profits

  6 Case(s) considered

• R v Skirving (R v Grossman (Beth))

  05 Mar 1985 [1985] QB 819; [1985] 2 WLR 1001; [1985] 2 All ER 705; 81 Cr App R 9, CA

  CRIME — Evidence — Expert
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  Case index catchwords

  CRIME — Evidence — Expert — Book detailing steps for preparation of cocaine for smoking — Scientific evidence about effects of drug ingestion and abuse — Whether admissible

  2 Case(s) considered