Earlier reported cases judgments, 1986

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
19 Dec 1986
[1987] Fam 111
Under section 25A of the Matrimonial Causes Act 1973, the court must consider whether a spouse’s financial dependence can end after a period sufficient for…
2
27 Nov 1986
[1987] AC 224
For the material-factor defence under section 1(3) of the Equal Pay Act 1970, a difference is material if it is significant and relevant. The enquiry is not…
15
19 Nov 1986
[1987] AC 460
The appropriate forum is the forum in which the case can be tried most suitably for all parties and the ends of justice. A defendant seeking a stay must…
326
7 Nov 1986
[1987] ICR 588
An employee’s unaccepted repudiation of a contract of service leaves the contract in force. On an interlocutory application, the court may restrain an employee…
3
5 Nov 1986
[1988] AC 111
For aggravated criminal damage under section 1(2)(b) of the Criminal Damage Act 1971, the prosecution must prove that danger to life resulted from the…
1
15 Oct 1986
[1987] 1 Lloyd's Rep 32
Under a marine time policy, an adverse sea may constitute external accidental means although it was foreseeable and not exceptional. The question is whether…
16
31 Jul 1986
[1987] QB 527
An express stipulation that time is of the essence makes punctual performance a contractual condition. Any late performance then permits the innocent party to…
8
24 Jul 1986
[1987] AC 128
A trial judge must warn the jury where the prosecution depends solely on a witness outside the established classes of suspect witness, but whose mental…
3
10 Jul 1986
[1987] AC 906
An employer’s duty to take reasonable care to provide a safe system of work covers both the design of the system and its operation. The duty is personal or…
7
26 Jun 1986
[1986] 1 WLR 910
When deciding whether to deport a person, the Secretary of State and the immigration appellate authorities must consider every matter relevant to the statutory…
8
19 Jun 1986
[1986] 1 WLR 903
The presumption that a statutory offence requires mens rea may be displaced by the language and structure of the legislation. Under section 58(2)(a) of the…
1
22 May 1986
[1986] AC 717
Ostensible authority rests on estoppel. It arises only where a principal, by words or conduct, represents that an agent has authority and the contractor relies…
53
15 May 1986
[1987] AC 1
A person commits a statutory criminal attempt where, intending to commit an indictable offence, that person performs an act which is more than merely…
7
15 May 1986
[1986] 1 WLR 674
An offence under paragraph 20(1)(a) of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 requires proof that the defendant knew that…
3
24 Apr 1986
[1986] AC 785
A claimant cannot recover in negligence for loss caused by damage to property unless the claimant had legal ownership or a possessory title when the damage…
22
26 Mar 1986
[1987] QB 237
Battery requires intentional touching or contact which the plaintiff proves to be hostile. The touching must be intentional; an intention to cause injury is…
11
24 Mar 1986
[1986] Ch 638
Where the legal title to a home is vested in one partner, the other may establish a constructive trust by proving an intention that both should have a…
40
20 Mar 1986
[1986] AC 475
An immigration adjudicator may determine an appeal without a hearing under Rule 12 of the Immigration Appeals (Procedure) Rules 1972 only when one of the…
1
14 Mar 1986
[1986] 1 WLR 763
Under section 75(5) of the Fair Trading Act 1973, a prospective-merger reference may be laid aside if the actual arrangements under investigation at the date…
21
27 Feb 1986
[1986] AC 577
Copyright in an engineering drawing is ordinarily infringed when a functional three-dimensional article is produced by indirectly copying the article depicted.…
11
27 Feb 1986
[1986] AC 455
For murder, the prosecution must prove an intention to kill or cause really serious bodily harm. Foresight of death or serious injury is evidence from which…
5
6 Feb 1986
[1986] AC 484
Under section 1 of the Housing (Homeless Persons) Act 1977, “accommodation” bears its ordinary English meaning. It is not qualified by “appropriate” or…
75