Earlier reported cases judgments 1985

Date	Case	Cited by
20 Dec 1985	Mancetter Developments Ltd v Garmanson Ltd [1986] QB 1212 A tenant’s common-law right to remove tenant’s or trade fixtures carries a corresponding obligation to make good damage caused by their removal. Leaving…	4
19 Dec 1985	De Souza v Automobile Association [1986] ICR 514 Racial abuse constitutes a detriment in employment only where the conduct places the employee at a disadvantage in the circumstances in which the employee must…	9
12 Dec 1985	R v Secretary of State for the Environment, Ex parte Nottinghamshire County Council (Bradford City Metropolitan Council v Secretary of State for the Environment, Nottinghamshire County Council, Ex parte, Nottinghamshire County Council v Secretary of State for the Environment) [1986] AC 240 Statutory guidance framed by reference to principles applicable to all local authorities may use one general set of principles that responds to authorities’…	27
30 Oct 1985	Goodman v Gallant [1986] Fam 106 An express and comprehensive declaration of trust in a conveyance conclusively defines the beneficial interests in the property or its proceeds. Resulting…	25
31 Jul 1985	Muirhead v Industrial Tank Specialities Ltd [1986] QB 507 A manufacturer may owe a duty of care where the intended use of its product and the risk of physical damage are reasonably foreseeable. Liability for pure…	2
29 Jul 1985	Quick v Taff Ely Borough Council [1986] QB 809 A covenant to keep the structure and exterior of a dwelling-house in repair addresses physical deterioration or damage. It does not require a landlord to…	20
25 Jul 1985	Wheeler v Leicester City Council [1985] AC 1054 A local authority may consider the promotion of good race relations when exercising its statutory functions. It must nevertheless exercise its powers fairly…	6
11 Jul 1985	Harvela Investments Ltd v Royal Trust Co of Canada (CI) Ltd [1986] AC 207 An undertaking to accept the highest confidential offer ordinarily creates a fixed bidding process. Each bidder must submit an independent, self-contained…	3
10 Jul 1985	Precision Dippings Ltd v Precision Dippings Marketing Ltd [1986] Ch 447 A distribution is unlawful where the statutory accounting requirements governing its payment have not been met at the time of payment. Where the relevant…	5
20 Jun 1985	R v Clarke (Ediakpo) [1985] AC 1037 A person acts in the execution of the Immigration Act 1971 only when performing a duty imposed by, or exercising a power conferred by, that Act. A police…
13 Jun 1985	R v Allen (Christopher) [1985] AC 1029 The offence of making off without payment under section 3(1) of the Theft Act 1978 requires an intention permanently to avoid payment of the amount due. An…	1
16 May 1985	Rhesa Shipping Co SA v Edmunds (The Popi M) (Rhesa Shipping Co SA v Fenton Insurance Co Ltd) [1985] 1 WLR 948 An assured claiming for a loss caused by an insured peril bears the legal burden of proving that cause on the balance of probabilities. An insurer who advances…	106
9 May 1985	Anderton v Ryan [1985] AC 560 Under section 1 of the Criminal Attempts Act 1981, a mistaken belief cannot by itself convert objectively innocent conduct into a criminal attempt. The accused…	2
2 May 1985	Street v Mountford [1985] AC 809 A residential occupier is a tenant where an agreement grants exclusive possession for a fixed or periodic term in return for a premium or periodical payments.…	81
30 Apr 1985	Condon v Basi [1985] 1 WLR 866 Participants in a competitive contact sport owe one another a duty to take reasonable care in the circumstances of the sport. Their participation implies…	8
25 Apr 1985	R v Inland Revenue Comrs, Ex parte Preston [1985] AC 835 The Inland Revenue Commissioners are amenable to judicial review, but statutory tax appeals should ordinarily remain the taxpayer’s remedy. Judicial review may…	48
25 Apr 1985	G v G (Minors: Custody Appeal) [1985] 1 WLR 647 An appellate court reviews a discretionary welfare decision by the same principles that govern other judicial discretions. It may intervene where the judge…	231
2 Apr 1985	Bristol and West Building Society v Henning [1985] 1 WLR 778 Where a person knowingly joins in purchasing a home with money raised on a mortgage, the common intention ordinarily imputed to the parties is that the lender…	4
28 Mar 1985	Eastleigh Borough Council v Walsh [1985] 1 WLR 525 Temporary accommodation provided by a local housing authority under the homelessness legislation may be let as a tenancy. Its temporary purpose does not…	1
21 Mar 1985	R v Moloney [1985] AC 905 For murder, the prosecution must prove a subjective intention to kill or cause really serious bodily injury. Foresight of death or serious injury, however…	9
21 Mar 1985	Scorer v Olin Energy Systems Ltd [1985] AC 645 An agreement determining a tax appeal under section 510 of the Income Tax Act 1952 is final as to the particular matter agreed. The Revenue cannot reopen that…	1
7 Mar 1985	National Westminster Bank Plc v Morgan [1985] AC 686 A presumption of undue influence requires more than a relationship in which one party may influence another. The transaction must also be manifestly…	25
4 Mar 1985	Expert Clothing Service & Sales Ltd v Hillgate House Ltd [1986] Ch 340 A breach of a positive lease covenant will ordinarily be capable of remedy, including where performance was required by a fixed date and the breach occurred…	16
21 Feb 1985	Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] AC 871 A doctor’s duty of care extends to advice about risks inherent in proposed treatment. Whether non-disclosure is negligent is determined primarily by reference…	45
20 Feb 1985	Riches v News Group Newspapers Ltd [1986] QB 256 Exemplary damages for newspaper libel may be considered where there is evidence that the publisher knew the publication was defamatory, or was reckless about…	11
23 Jan 1985	Birch v University of Liverpool [1985] ICR 470 For the purposes of section 83(2)(a) of the Employment Protection (Consolidation) Act 1978, dismissal requires termination of the employment contract by the…	4