Earlier reported cases judgments 1988

Date	Case	Cited by
1 Dec 1988	R v Salford Health Authority, Ex parte Janaway (Janaway, Ex parte, In re Janaway's Application) [1989] AC 537 The conscientious objection protected by section 4(1) of the Abortion Act 1967 extends only to actual participation in treatment undertaken to terminate a…	2
30 Nov 1988	Capps v Miller [1989] 1 WLR 839 Where a claimant’s breach of a statutory safety requirement causally worsens injuries caused by another’s negligence, contributory negligence may arise even…	2
10 Nov 1988	A G Securities v Vaughan [1990] 1 AC 417 Separate agreements made independently with residential occupiers do not create a joint tenancy merely because the occupiers together fill the premises and can…	25
10 Nov 1988	Hodgson v Trapp [1989] AC 807 Damages for personal injury are compensatory and ordinarily measure the claimant’s net consequential loss and expense. Receipts arising from the injury must…	31
3 Nov 1988	Rush & Tompkins Ltd v Greater London Council [1989] AC 1280 Genuine settlement negotiations are protected by the without prejudice rule whether or not the communications bear that label. The protection does not end…	75
20 Oct 1988	R v Secretary of State for Foreign and Commonwealth Affairs, Ex parte Everett (Everett, Ex parte) [1989] QB 811 An exercise of prerogative power is not immune from judicial review merely because of its source. Reviewability depends on the power’s subject matter and…	15
27 Jul 1988	Commission for Racial Equality v Dutton [1989] QB 783 A condition excluding persons who lead a nomadic life is not direct racial discrimination merely because it includes some Gypsies. Its meaning must be…	4
14 Jul 1988	Fitzgerald v Lane [1989] AC 328 Where a claimant’s damage results from the claimant’s fault and the fault of several defendants, contributory negligence and contribution between defendants…	4
14 Jul 1988	D & F Estates Ltd v Church Comrs for England [1989] AC 177 A builder or manufacturer who negligently creates a defect does not, without contract, statute or a special relationship of reliance, owe a tortious warranty…	23
7 Jul 1988	P & A Swift Investments v Combined English Stores Plc [1989] AC 632 The benefit of a surety’s covenant guaranteeing a tenant’s obligations may run with the reversion without express assignment. It does so where the covenant…	6
30 Jun 1988	Pickstone v Freemans Plc [1989] AC 66 Section 1(2)(c) of the Equal Pay Act 1970 permits a woman to compare her work with that of a specified man for the purpose of an equal-value claim. The claim…	38
22 Jun 1988	Barrett v Lounova (1982) Ltd [1990] 1 QB 348 A landlord’s repairing covenant may be implied in a tenancy where implication is necessary to give the agreement business efficacy, or where the parties would…	5
25 May 1988	Murray v Ministry of Defence [1988] 1 WLR 692 An arrest begins when a person is restrained by words or conduct. Formal words of arrest are unnecessary. A person may be falsely imprisoned without knowing of…	14
13 May 1988	Lloyd’s Bank Plc v Rosset [1989] Ch 350 For an overriding interest based on actual occupation, the relevant time is when the estate or charge is created, ordinarily on completion, not later…	8
12 May 1988	CBS Songs Ltd v Amstrad Consumer Electronics plc [1988] AC 1013 Under the Copyright Act 1956, to authorise an infringement means to grant or purport to grant, expressly or impliedly, the right to perform the restricted act.…	52
5 May 1988	R v Immigration Appeal Tribunal, Ex parte Patel (Anilkumar Rabindrabhai) (Patel (Anilkumar Rabindrabhai), Ex parte) [1988] AC 910 Dishonest deception used to evade immigration law may, by itself, justify the Secretary of State in deeming deportation conducive to the public good under…
28 Apr 1988	Hill v Chief Constable of West Yorkshire [1989] AC 53 Foreseeability of harm does not by itself establish a duty of care. A further ingredient must create sufficient proximity between the parties. The police owe…	70
17 Mar 1988	Antoniades v Villiers [1988] 3 WLR 139 Residential accommodation granted with exclusive possession for a term at a rent ordinarily creates a tenancy. The court must determine the transaction’s true…	2
10 Mar 1988	Wilsher v Essex Area Health Authority [1988] AC 1074 A claimant in negligence bears the burden of proving, on the balance of probabilities, that the defendant’s breach caused or materially contributed to the…	48
26 Feb 1988	Aziz v Trinity Street Taxis Ltd [1989] QB 463 Victimisation requires comparison with a person who has not done the relevant protected act. The protected act and the treatment complained of are excluded…	16
26 Feb 1988	Al-Kandari v J R Brown & Co [1988] QB 665 A solicitor acting in adversarial litigation does not ordinarily owe a duty of care to the opposing party. However, where the solicitor voluntarily assumes an…	15
25 Feb 1988	Ashburn Anstalt v Arnold [1989] Ch 1 Where an estate contract binds a purchaser only through an overriding interest, that interest protects existing contractual rights within the occupied land. It…	20
17 Feb 1988	Simaan General Contracting Co v Pilkington Glass Ltd (No 2) [1988] QB 758 Pure economic loss may be recoverable in negligence, but foreseeability alone does not create a duty of care. In a case analogous to negligent misstatement…	4
5 Feb 1988	Spittle v Bunney [1988] 1 WLR 847 Damages for a child’s loss of a deceased parent’s services must reflect the services’ changing nature and value throughout the dependency. A professional…	4
4 Feb 1988	Leech v Deputy Governor of Parkhurst Prison (Prevot v Deputy Governor of Long Lartin Prison) [1988] AC 533 A prison governor’s adjudication of a disciplinary charge is subject to judicial review. The governor exercises an independent statutory power affecting a…	14
21 Jan 1988	R v Board of Visitors of HM Prison, The Maze, Ex parte Hone (Hone, Ex parte, McCartan, Ex parte, R v Board of Visitors of HM Prison, The Maze, Ex parte McCartan) [1988] AC 379 A prisoner appearing before a board of visitors on a disciplinary charge has no absolute right to legal representation. The board has a discretion and must…	4