Earlier reported cases judgments, 1981

22 judgments, newest first. Open any case for its summary, the legal points it decides and how later courts have treated it.

Date Case Cited by
17 Dec 1981
[1983] 1 AC 768
A statutory local authority must exercise its powers within the purposes, duties and constraints imposed by Parliament. An electoral mandate cannot authorise…
13
11 Dec 1981
[1982] 1 WLR 301
Where no winding-up order precludes it, the decision whether to make a charging order nisi absolute is discretionary. The court must consider all the…
8
10 Dec 1981
[1982] 1 WLR 522
For corporation tax purposes, an unincorporated association requires two or more persons joined for common non-business purposes by a contractual bond. The…
11
3 Dec 1981
[1982] AC 546
Every citizen who witnesses an actual or reasonably apprehended breach of the peace may take reasonable steps to prevent it. In an appropriate case, those…
14
26 Nov 1981
[1983] 1 WLR 964
A contractual limitation of liability must be construed strictly against the party relying upon it and must be clear and unambiguous. The court should…
18
26 Nov 1981
[1983] 1 AC 657
Under the Housing (Homeless Persons) Act 1977, intentional homelessness is determined by how the relevant state of homelessness began. Where an applicant…
27
19 Nov 1981
[1982] AC 529
A court has an inherent duty to prevent misuse of its procedure where the misuse would be manifestly unfair or would bring the administration of justice into…
229
18 Nov 1981
[1982] 1 WLR 560
A purchaser allowed into possession under a contract for sale may acquire title by adverse possession only if the possession has in fact become adverse. A…
1
8 Jul 1981
[1982] AC 566
A person commits murder where an unlawful killing results from an act done with a subjective intention either to kill or to cause grievous bodily harm.…
5
1 Jul 1981
[1982] Ch 511
Conditional delivery of an executed deed creates an escrow. The maker is bound during the period of suspense and cannot withdraw or deal inconsistently with…
3
25 Jun 1981
[1982] AC 794
Damages for loss of earnings compensate the claimant for the position in which the claimant would have been but for the tort. They must not place the claimant…
9
25 Jun 1981
[1982] AC 449
Presenting a credit card to a merchant represents that the holder has the bank’s actual authority to contract on its behalf for payment of the voucher. The…
1
7 May 1981
[1981] 1 WLR 711
Whether a contractual term is a condition, warranty or innominate term is determined by construing the contract in its commercial context. The gravity of an…
29
15 Apr 1981
[1982] Ch 61
The court has an inherent jurisdiction, founded on securing the competent administration of trusts, to authorise trustees’ remuneration. That jurisdiction…
6
9 Apr 1981
[1982] AC 617
An applicant has a sufficient interest for judicial review only when its relationship to the subject matter is assessed alongside the public body's powers…
77
27 Mar 1981
[1982] 1 WLR 349
An original tortfeasor remains liable for harm arising from rescue or emergency intervention where the relevant class of accident is a reasonably foreseeable…
14
19 Mar 1981
[1982] AC 341
For criminal damage, a person is reckless where an act creates an obvious risk of the relevant harm and the person either gives no thought to that risk or…
11
18 Mar 1981
[1981] QB 625
Damage caused by the deliberate criminal acts of independent third parties may be too remote from an earlier tort even where that conduct was reasonably…
5
12 Mar 1981
[1982] AC 300
A genuine transaction is not ignored merely because tax avoidance is its sole motive. Tax legislation nevertheless applies to the legal character of the…
82
6 Feb 1981
[1981] QB 923
A court may make ancillary disclosure orders under Supreme Court of Judicature (Consolidation) Act 1925, section 45(1), where they are necessary to make a…
29
5 Feb 1981
[1981] AC 800
The Abortion Act 1967 protects every person participating in an authorised termination, not only the registered medical practitioner. “Termination of…
40
29 Jan 1981
[1981] AC 1001
Where Parliament expressly or by necessary implication authorises the construction and operation of an undertaking, the authority carries immunity from…
24