Court of Appeal (Civil Division) judgments, 1994

Planning permission authorises only development which materially complies with its terms and approved details. A building constructed materially outside the…

The without prejudice rule protects admissions made in genuine settlement negotiations. Its foundations may be public policy encouraging settlement, an implied…

A claim against a non-perpetrating parent for failing to protect a child from foreseeable injury is an action for breach of duty, not trespass to the person…

A refusal to adjourn proceedings is ordinarily a matter within the trial judge’s discretion. The Court of Appeal will be slow to interfere, especially where…

A long-residence policy may provide that 14 years’ continuous residence, lawful or unlawful, will normally lead to indefinite leave to remain. It does not…

Fairness in a statutory administrative appeal does not ordinarily require disclosure of internal departmental advice. Advice based on material already…

Equitable tracing requires the misappropriated money to retain a continuing existence as a separate fund, a mixed fund, or property acquired with it. Money…

Redundancy entitlement requires two separate findings: a redundancy situation existed when dismissal occurred, and that situation caused the dismissal wholly…

An application for a stay of execution pending appeal requires consideration of two matters: whether the appeal has a reasonable prospect of success and…

Under section 2(2) of the Occupiers Liability Act 1957, an occupier must take such care as is reasonable in all the circumstances to make a permitted visitor…

A statutory time limit for transmitting a Case Stated to the High Court is ordinarily mandatory where transmission invokes the court’s jurisdiction and the…

For a statutory appeal from Special Commissioners, the time limit in section 56(4) of the Taxes Management Act 1970 is mandatory where transmission of the Case…

For a secondary victim to recover for psychiatric illness caused by negligence, the illness must be induced by nervous shock: a sudden, direct sensory…

Section 133 of the Criminal Justice Act 1988 creates a statutory right to compensation only where a conviction was reversed or a person was pardoned because a…

A statutory prohibition does not automatically make a contract void. The court must construe the legislation and decide whether Parliament intended to prohibit…

Negligence requires compensatable damage. Fear, shock, distress, claustrophobia and their ordinary physical consequences do not constitute damage merely…

Where a settlor creates a settlement and trustees later exercise a special power of appointment, the gift is treated as made when the settlement was created.…

A plea of justification in defamation should not be pleaded lightly, but the defendant need not possess clear and sufficient evidence before pleading it.…

Recovery for psychiatric injury caused by witnessing injury to a close relative depends on sufficiently close proximity to the accident or its immediate…

On an appeal from a hearing on the merits, an applicant seeking to adduce further evidence must satisfy the first Ladd v Marshall requirement: the evidence…

Section 17(6) of the Police and Criminal Evidence Act 1984 preserves the common-law power of a constable to enter premises to deal with or prevent a breach of…

A wasted costs order requires improper, unreasonable or negligent conduct by a legal representative, a causal link between that conduct and unnecessary costs…