Cases

Active filters: Area of work: General Common Law [clear]

BW Legal Services Limited v Glassdoor Inc

Norwich Pharmacal relief - Allegedly defamatory posts - Whether a declaration should be made that the court had no jurisdiction to try the claim because no valid service had been effected - Whether a declaration should be made that the court should not exercise its jurisdiction because of an exclusive jurisdiction clause in the Defendant's Terms of Use and/or because it was contended that the Claimant obtained an Order improperly or unfairly

[2022] EWHC 979 (QB) - Queen's Bench Division

Judge Mr Justice Jay

Stadler v Currys Group Ltd

Data protection – misuse of private information – breach of confidence – negligence – smart devices – Jameel – de minimis – allocation

[2022] EWHC 160 (QB) - High Court, Queen’s Bench Division

Judge HHJ Lewis (sitting as a Judge of the High Court)

Greenstein v Campaign Against Antisemitism

Defamation - Libel - Malice- Rehabilitation of Offenders Act 1974 - Spent Convictions - Whether the malice plea relating to spent convictions was correctly struck out

[2021] EWCA Civ 1006 - Court of Appeal, Civil Division

Judge Popplewell, Dingemans, Carr LLJ

DSM SFG Group Holdings Limited v Kelly

Breach of Confidence - Harassment - Discharge of Undertakings to the Court - The extent, if at all, that it is permissible for a litigant to rely on confidential information, obtained by covert recording of another's premises, to support a legal claim before that litigant has established the right to use that information

[2019] EWCA Civ 2256 - Court of Appeal

Judge Lord Justice Davis; Lord Justice Simon

R (BBC) v Newcastle Crown Court

Judicial Review of a Production Order under PACE

[2019] EWHC 2756; [2020] 1 Cr App R 16; [2020] EMLR 8; [2020] Crim LR 247 - Divisional Court (QBD)

Judge Leggatt LJ & Picken J

Mionis v Democratic Press SA and others

Appeal - Defamation - Article 10 of the European Convention - Section 12, Human Rights Act 1998 - Settlement - Whether Judge below was correct to have refused application to lift a stay in the proceedings imposed by a Tomlin Order

[2017] EWCA Civ 1194 - Court of Appeal

Judge Gloster, Sharp and Lindblom LLJ

Blue v Ashley v Times Newspapers Limited

Open Justice - Disclosure - Application by a non-party for court documents - Power of the court to provide documents to a non-party - CPR 5.4C - CPR 32.12 -  CPR 32.13

[2017] EWHC 1553 (Comm) - Commercial Court

Judge Mr Justice Leggatt

Bains, Kazan-Allen & VNP v Moore, K2 Intelligence Ltd & Bigazzi

Breach of Confidence- Misuse of Private Information - Breach of statutory duty under the Data Protection Act 1998 - Interim Remedies - Delivery Up - Procedure - need for Particulars of Claim

[2017] EWHC 242 (QB) - Queen's Bench Division

Judge Sir Michael Tugendhat

Basuta v Dhemrait

Malicious prosecution - permission to appeal - extensions of time - Denton principles

[2017] EWHC 1126 (QB) - High Court

Judge Whipple J

AQA v Newsquest & ors

Injunctions - Misuse of Private Information - Without Notice - section 12 Human Rights Act - Open Justice - Coroners' Court

n/a - High Court of Justice

Judge Mrs Justice May

Monarch Airlines Ltd v Yaqub

Harassment - Injunction - Protection from Harassment Act 1997

unreported - Queen's Bench Division

Judge HHJ Walden-Smith

Abdel-Bari v Nottingham University NHS Trust

Defamation - Libel - Malicious Falsehood - Data Protection Act 1998 - whether to disapply limitation period for claims in libel and malicious falsehood - whether to allow permission to amend to include claim under Data Protection Act 1998

[2016] EWHC 154 (QB) - Queen's Bench Division

Judge Master McCloud

Cheshire West and Chester Council v Pickthall

Interim Injunction - Protection from Harassment Act 1997- Article 10 - whether to grant an interim injunction to prevent the defendant harassing the claimants and others by publication of allegations and abusive remarks - whether the claimants are likely to succeed at trial in defeating the defendant's defence of preventing or detecting crime

[2015] EWHC 2141 (QB) - Queen's Bench Division, Manchester District Registry

Judge Mr Justice Edis

Rhodes (previously “MLA”) v OPO

Elements of the tort of Wilkinson v Downton - interim injunction - article 10 - freedom of expression - whether Wilkinson v Downton should operate to prohibit a writer from telling a true autobiographical account of his upbringing which risks causing psychological harm to his son

[2015] UKSC 32 - Supreme Court

Judge Lord Neuberger PSC, Lady Hale DPSC, Lord Clarke, Lord Wilson, Lord Toulson

Sloutsker v Romanova

Defamation - libel - foreign claimant - foreign defendant - service out of the jurisdiction - whether material non disclosure -  whether real and substantial tort within jurisdiction of England and Wales - whether England is the proper forum - likelihood of serious harm - service of English proceedings in Russian Federation -  whether valid service effected under Hague Convention - CPR 6.40(3)

[2015] EWHC 545 (QB) - High Court (Queen's Bench Division)

Judge Warby J

Mionis v Democratic Press SA

Defamation - Libel - Foreign Parties - Settlement of Action by way of Tomlin Order - Whether contractual undertakings restricting freedom of expression had been breached - Whether contractual undertakings restricting freedom of expression should be coverted into an injunction - Whether an inquiry as to damages should be ordered - Applications for Derogations from Open Justice - Hearing in Private- Restrictions on Access to Papers

[2014] EWHC 4104 (QB) - Queen's Bench Division

Judge Sir David Eady

OPO (a child by BHM his litigation friend) v MLA

Injunction application - misuse of private information - negligence - Wilkinson v Downton - psychiatric harm - jurisdiction

[2014] EWCA Civ 1277 - Court of Appeal

Judge Arden, Jackson & McFarlane LJJ

Crawford v Jenkins

Witness Immunity Rule; Harassment; Protection from Harassment Act 1997; Malicious Procurement of Arrest; Complaint to the Police; Whether complaint is immune from suit; Whether the immunity that covers defamation also covers torts of false imprisonment, malicious procurement of arrest and harassment.

[2014] EWCA Civ 1035 - Court of Appeal (Civil Division)

Judge Beatson LJ, Sharp LJ, Sir Timothy LLoyd

Thompson v James

Defamation - Libel- Appeal - Meaning - Whether Blog post bore meaning found by Judge - Whether Rules on Meaning needed to be amended for political speech- Article 10

[2014] EWCA Civ 600 - Court of Appeal

Judge Longmore, Black, Underhill LLJ

AVB v TDD

Privacy – Harassment – Breach of Confidence – Breach of Contract - Damages - Injunction

[2014] EWHC 1442 (QB) - High Court (QBD)

Judge Tugendhat J

Kennedy v Charity Commission

freedom of information act 2000- exempt information- human rights- article 10- common law- judicial review

[2014] UKSC 20 - Supreme Court

Judge Lords Neuberger, Mance, Clarke, Wilson, Sumption, Carnwath and Toulson

Dar Al Arkan Real Estate Co v Al Refai

Defamation - Conspiracy - Joint Tortfeasorship - Summary judgment - Defamatory website - Liability for publication where defendant did not know precise words to be published

[2013] EWHC 1630 (Comm) - Commercial Court

Judge Andrew Smith J

Fairstar Heavy Transport NV v Adkins

Examination of emails - Information as property – property in the content of an email

[2012] EWHC 2952 (TCC) - High Court (Technology and Construction Court)

Judge Edwards-Stuart J

Michael Wilson & Partners v Sinclair

Arbitration - share ownership - C claims against E in arbitration over shares - award - C's claim dismissed - shares held by tribunal to be beneficially owned by S - C appeals the award - appeal dismissed - C sues S and others in Commercial Court - application by E to strike out or for summary judgment - re-litigation - abuse of process - claim struck out

[2012] EWHC 2560 (Comm) - Queen's Bench Division, Commercial Court

Judge Teare J

Handsworth Football Club v Football Assocation

Football - FA standard competition rules - C tops league - would be promoted - ground standards - C's ground below standard for promotion - below standard for current level - relegation would follow for that reason - proposed temporary use of another ground - ground-sharing prohibited to allow promotion or avoid relegation -League orders C's relegation - FA Appeal Board upholds League - arbitration challenge - dismissed

11/07/2012 - FA arbitration tribunal

Judge Mark Warby QC

Qema v News Group Newspapers Ltd

Malicious prosecution - drug and passport offences – witnessed by journalist - reported to police by journalist - C prosecuted - plea of guilty - prison sentence - Criminal Cases Review Commission - C alleges was innocent but 'set up' by journalist - CCRC recommends vacation of plea - Court vacates plea - Crown offers no evidence - not guilty verdict - C sues publisher for malicious prosecution - relies on set up to prove no reasonable and probable cause - summary judgment application by D - application granted - claim dismissed

[2012] EWHC 1146 (QB) - Queen's Bench Division

Judge Sharp J

Imerman v Imerman

Family law - Ancillary relief - Use of confidential information obtained secretly - Irregularly obtained information - Articles 6 and 8, ECHR

[2009] EWHC 3486 (Fam) - Family Division

Judge Moylan J

White v Withers LLP & Ors (CA)

Interference with goods - Ancillary relief - Interception of spouses' personal documents - Hildebrand documents - Provision of documents to solicitors - Solicitors' liability

[2009] EWCA Civ 1122 - Court of Appeal

Judge Ward, Sedley and Wilson LJJ

Hunt v AB

Malicious prosecution - Rape charge - Acquittal on appeal - Claim against accuser - Identity of prosecutor - Trial of preliminary issue - Appeal

[2009] EWCA Civ 1092; The Times, 28 October 2009 - Court of Appeal

Judge Sedley, Wall & Moore-Bick LJJ

Wakefield v Ford & Anor

Defamation - Libel - Contract - Malice - Costs - Discontinuance by Claimant - Whether Claimant could accept an 'offer' made by Defendant in without prejudice save as to costs correspondence - Indemnity costs - Payment on account of costs

[2009] EWHC 122 (QB) - Queen's Bench Division

Judge Eady J

Tycon Energy Corp v The Motley Fool Limited

Defamation - Libel - Internet postings - Norwich Pharmacal order - Anonymous representations by posters - Costs

Unreported, 9 December 2008 - Queen's Bench Division

Judge Eady J

Mond & Ors v Mason & Ors

Libel - Malicious falsehood - Causing loss by unlawful means - Freezing order - Good arguable case - Real risk of removal or disposal of assets - Injunction restraining publication

[2008] EWHC 1649 (QB) - Queen's Bench Division

Judge Gray J

Gravil v Caroll & Redruth RFC (CA)

Sports law - Tort - Trespass to the person - Employment - Vicarious liability - Incident during professional rugby game - 'Off-the-ball' incident

[2008] EWCA Civ 689 - Court of Appeal

Judge Sir Anthony Clarke MR; Smith & Richards LLJ

Ashley v Chief Constable of Sussex

Appeal concerning whether a damages claim arising out of the fatal shooting of the deceased by a police officer should be permitted to proceed.

[2008] 2 WLR 975 (HL) - House of Lords

Judge Lord Neuberger

Walker v Royal College of Veterinary Surgeons

Privy Council - Royal College of Veterinary Surgeons - Professional discipline - Appeal on penalty - Inadequate reasons - Distinction between removal and suspension - Effect of power to reinstate - Mitigation - Necessity of sanction

[2007] UKPC 64 - Privy Council

Judge Lords Walker, Mance and Neuberger

Nike European Operations Netherlands BV v Rosicky

Sports law - Contract - Professional football player's contract to use claimant's products - Option to extend contract - Exercise of option - Player wishing to enter into contract with third party

[2007] EWHC (Ch) - Chancery Division

Judge Patten J

Fearns v Anglo-Dutch Paint & Chemical Co Ltd & Ors

Trade marks - Infringement - Passing off - Misrepresentation - Malicious falsehood - Publication - Copyright - Infringement - Duration - s.52 Copyright, Designs and Patents Act 1988 - Breach of contract - Causing loss by unlawful means

[2007] EWHC 955 (Ch) - Chancery Division

Judge Christopher Floyd QC

RWE NPower v Carrol & Others

Harassment - Trespass - Injunction - Representative Capacity of Defendant - CPR 19.6(4) - Enforcement of Order - Power of Arrest under Protection from Harassment Act 1997.

[2007] EWHC 947 (QB) - Queen's Bench Division

Judge Teare J

De Landtsheer Emmanuel v Comité Interprofessionnel du Vin de Champagne

Comparative advertising – Identifying a competitor or the goods or services offered by a competitor – Goods or services satisfying the same needs or with the same purpose – Reference to designations of origin

Case C-381/05 - European Court of Justice

Judge Jann, President, Cunha Rodrigues (Rapporteur), Schiemann, Ilešiè and Levits, Judges

Campaign Against Arms Trade v BAE Systems Plc

Disclosure - Non-party disclosure - Norwich Pharmacal order - 'Mere recipient' - Leaked information - Identification of source

[2007] EWHC 330 (QB) - Queen's Bench Division

Judge King J

West Bromwich Albion FC v El-Safty

Sport - football - medical negligence - club's insurance scheme - doctor's advice to player - duty of care to club - proximity - economic loss

[2006] EWCA Civ 1299; (2007) PIQR P7; (2007) LS Law Medical 50; (2006) 92 BMLR 179 - Court of Appeal (Civil Division)

Judge Mummery & Rix LJJ & Peter Smith J

Grant v Google UK Ltd

Copyright - Infringement - Identity of infringer unknown to claimant - Identity known to third party - Order to disclose identity - Norwich Pharmacal Co and others v Customs & Excise Commissioners [1974] AC 133

[2005] EWHC 3444 (Ch) - Chancery Division

Judge Rimer J

Barrett v Universal-Island Records & Others

Contract - Parties - Agency - Copyright - Authorship - Performers' rights - ss.182A, 182B, Copyright, Designs and Patents Act 1988 - Regulation 27, Copyright and Related Rights Regulations 1996 - Unjust enrichment - Settlement agreement - Enforcement of settlement agreement - Abuse of process - Estoppel, acquiescence and laches - Cause of action estoppel - Trust of a promise

[2006] EWHC 1009 (Ch); [2006] EMLR 567 - Chancery Division

Judge Lewison J

Campbell v Safra

Defamation - Responsibility for publication - Inducing breach of contract - Elements of cause of action - Summary judgment

[2006] EWHC 819 (QB) - Queen's Bench Division

Judge Eady J

West Bromwich Albion FC v El-Safty

Sports law - Negligence - Contract - Surgeon - Football player - Negligent treatment ending player's career - Liability to club

[2005] EWHC 2866 (QB) - Queen's Bench Division

Judge Royce J

Taylor v Rive Droit Music Ltd

Music law - Contract - Music publishing agreement - Contradictory and inconsistent terms - Duration of agreement - Infringement - Meaning of 'composition' - Implied terms  - Positive and negative obligations - Unlawful interference with goods - Allegations of dishonesty

[2005] EWCA Civ 1300; [2006] EMLR 52 - Court of Appeal

Judge Chadwick, Latham, and Neuberger LJJ

Leeds Rugby Ltd v Harris & Bradford Bulls Holdings Ltd

Sport - Rugby Player - Transfer from League to Union team - Contract - Option to re-acquire player - certainty - consideration - restraint of trade

[2005] EWHC 1591 (QB); [2005] ISLR, SLR-91 - Queen's Bench Division

Judge Gray J

Georgallides v Etzin

Harassment - Protection from Harassment Act 1997 - interim injunction - whether application for injunction for harassment was an attempt to circumvent rule in Bonnard v Perryman - s.12 Human Rights Act 1998- articles 8 and 10 - width of injunction

12/07/2005 - Queen's Bench Division

Judge Gray J

Green Corns Ltd v Claverley Group Ltd

Privacy - Injunction - Article 8 - Freedom of expression - Article 10 - Public domain - Public interest - Addresses of children's care homes

[2005] EWHC 958 (QB); [2005] EMLR 748 - Queen's Bench Division

Judge Tugendhat J

Friend v Civil Aviation Authority & Others

Malicious falsehood - Breach of contract - Inducement to breach contract - Unlawful means conspiracy - Civil Aviation Authority - Dismissal from employment

[2005] EWHC 201 (QB) - Queen's Bench Division

Judge Eady J

Polanski v Conde Nast Publications Ltd (HL)

Defamation - Libel - Human Rights - Civil procedure - Civil evidence - evidence by video link - hearsay

[2005] UKHL 10; [2005] 1 WLR 637; [2005] 1 All ER 945; [2005] EMLR 287; The Times, 11 Feb 2005; The Independent, 16 Feb 2005 - House of Lords

Judge Lord Nicholls of Birkenhead, Lord Slynn of Hadley, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell

Allport v Wilbraham

Sport - Rubgy - Negligence - Personal Injury - Conflicting Witness Evidence

[2004] EWCA Civ 1668 - Court of Appeal

Judge Auld, May and Neuberger LJJ

W v Westminster CC & Others

Defamation - libel - absolute privilege - qualified privilege - malice - s.7 Human Rights Act 1998

[2004] EWHC 2866 (QB); The Times, 7 January 2005 - Queen's Bench Division

Judge Tugendhat J

Merelie v Newcastle Primary Health Care Trust & Others

Defamation - Summary Judgment - Strike Out - Pleading Requirements in Slander cases - Republication - Protection from Harassment Act 1997 - Malicious Falsehood - Human Rights Act 1998 - CPR Part 24 - CPR Part 3.4(2)

[2004] EWHC 2554 (QB); The Times, 1 December 2004 - Queen's Bench Division

Judge Eady J

Bradley v Jockey Club

Sports Law - Appeal from Jockey Club Appeal Board - Review of Appeal Board decision to disqualify for breach of rules - whether penalty of disqualification imposed was disproportionate and unlawful - whether Jockey Club was in breach of contract in imposing a disproportionate penalty - whether imposition of the disqualification was an unreasonable restraint of trade - whether new evidence should be adduced at hearing

[2004] EWHC 2164 (QB); (2004) SLJR 12; (2004) ISLR, SLR-1 - Queen's Bench Division

Judge Richards J

Hassan v Holburn and others

Defamation - Libel - permission to appeal - Limitation Act 1980 sections 4A, 32, 35 - publication - republication - costs

[2004] EWCA Civ 789 - Court of Appeal

Judge Sedley LJ

Fayed v BBC

Contract - TV programme - Prior approval - Interim Injunction

[2004] EWHC 109 (QB) - Queen's Bench Division

Judge Royce J

One Honest Man Inc v BBC

Broadcasting - Contract - Injunction - Human Rights - whether the claimant should be granted an injunction

[2003] EWHC 2808 (Ch) - Chancery Division

Judge N Strauss QC

Gray v Avadis

Defamation - Libel - Absolute privilege - Qualified Privilege - Striking Out - Summary Judgment - whether publications in and to the Office of Supervision of Solicitors were covered by absolute privilege

[2003] EWHC 1830 (QB) - Queen's Bench Division

Judge Tugendhat J

Johnson v Home Office

Breach of Confidence - Damage to Reputation - Public Interest Defence - Negligence - Proximity - Foreseeability - Remoteness of Damage -Trial

26/06/2003 - Doncaster County Court

Judge Recorder Lodge QC

Butters v Clarkson

Media law - Publishing - Contract - Uncertainty

21/05/2003 -

Judge

Sharma v Jay & Others

Defamation- Harassment- Protection from Harassment Act 1997- Malice- Slander- Application to strike out claim for harassment and plea of malice- CPR Part 3.4 and Part 24.2

15/04/2003 - Queen's Bench Division

Judge Gray J

Campbell v Frisbee

Breach of confidence - Contract of employment - Repudiation - Public interest in disclosure - summary judgment - part 24

[2002] EWCA Civ 1374; [2003] EMLR 76 - Court of Appeal

Judge Lord Phillips of Worth Matravers MR, Chadwick LJ, Keene LJ

Dorgan v Home Office (joined with Anderton v Clwyd CC)

Civil Procedure - Service of Process - Power to Extend Time for Service of Claim Form

[2002] EWCA Civ 933; [2002] 1 WLR 3174; [2002] 3 All ER 813 - Court of Appeal

Judge Lord Phillips MR, Mummery & Hale LJJ

Hamilton v Al Fayed (No 2)

Costs - application for contributors to fighting fund to pay costs of successful defendant - discretion as to costs under Supreme Court Act 1981 s 51

[2003] QB 1175; [2003] 2 WLR 128 - Court of Appeal

Judge Simon Brown, Chadwick and Hale LJJ

Lovell v Pembrokeshire County Cricket Club

Sports law - Amateur sport – Rules as a contract – Incorporation of terms - Breach of natural justice – Exhaustion of domestic procedures - Declaratory relief

[2003] ISLR, SLR-39 - Haverfordwest County Court

Judge Neuberger J

Colgan v Kennel Club

Public Law - Administrative law - Human Rights - Right to a Fair Trial - Article 6 - Disciplinary proceedings - Sports Law -Contractual obligations - Disciplinary penalties - Whether disproportionate

[2002] ISLR, SLR-187 - Queen's Bench Division

Judge Cooke J

Modahl v British Athletic Federation Ltd (No 2)

Sport - doping - disciplinary tribunal - athlete banned - bias of tribunal - successful appeal - whether damages available for losses suffered meanwhile - contractual duties of governing body

[2001] EWCA Civ 1447; [2002] 1 WLR 1192 - Court of Appeal

Judge Mance, Latham and Jonathan Parker LJ

Carden v The Jockey Club

Sports law - appeal from tribunal - duty of care - negligence - Occupiers Liability Act 1957 - duty of care owed by sport regulatory body to participant - Jockey Club

03/07/2000 - QBD

Judge Elias J

Ryder v Nicholl & Anor

Contract - Management agreement - Undue influence - Restraint of trade - Agency - Agent's knowledge

[1999] EWCA Civ 1139; [2000] EMLR 632 - Court of Appeal

Judge Swinton Thomas & Thorpe LJJ & Singer J

Barclay v United Kingdom

Human Rights - Privacy - Broadcasting - Unwanted filming - Article 8 - Broadcasting Complaints Commission

18/05/1999 - European Court of Human Rights

Judge

Watson v Prager and Another

Sport - boxing - management contract - manager also promoter - restraint of trade - whether terms reasonable - arbitration clause - application to stay - impartiality of arbitrator - revocation of authority

[1991] 1 WLR 726 - Chancery Division

Judge Scott J

Singer v The Jockey Club

Sports - horseracing - dope testing - disqualification - disciplinary tribunal - contract - owner claiming horse wrongly disqualified - damages

28/06/1990 - Chancery Division

Judge Scott J

Nichols Advanced Vehicle Systems Inc & Ors v Rees, Oliver & Ors

Copyright - Infringement - Inquiry as to damages - Delay - Post-judgment delay - Limitation period current - Whether possible to stay - Whether inordinate and inexcusable - Whether prejudice suffered

[1985] RPC 445 - Court of Appeal

Judge O'Connor and Slade LJJ

Attorney-General of New Zealand v Ortiz

Conflict of laws - personal property - unlawful export of artefact - forfeiture under New Zealand law

[1984] AC 1; [1984] 2 WLR 809; [1983] 2 All ER 93; [1983] 2 Lloyd's Rep 265 - House of Lords

Judge Lords Fraser, Scarman Roskill, Brandon & Brightman

Greig v Insole

Sports law - Restraint of Trade - Employment - Cricketers - Validity of contracts - whether inducement to cricketers to break contracts with promoter - Industrial Relations - Whether "employers' association" immune from legal proceedings - Trade Union and Labour Relations Act 1974 (c. 52), ss. 14, 28 (2)

[1978] 1 WLR 302 - Chancery Division

Judge Slade J