Earlier reported cases judgments 1990

Date	Case	Cited by
21 Dec 1990	Agip (Africa) Ltd v Jackson [1991] Ch 547 A customer may recover money paid under a mistake of fact where its bank executed an apparently regular instruction as the customer’s agent, debited the…	10
26 Oct 1990	Clutton v Clutton [1991] 1 WLR 359 Section 25A(1) requires the court to consider whether a clean break is appropriate, not to pursue one regardless of other statutory considerations. An…
25 Oct 1990	R v Inland Revenue Comrs, Ex parte Woolwich Equitable Building Society (Woolwich Equitable Building Society, Ex parte) [1990] 1 WLR 1400 A power to make regulations requiring payments representing income tax for specified years may, where Parliament uses sufficiently clear retrospective…	4
18 Oct 1990	R v Secretary of State for the Home Department, Ex parte Oladehinde (Oladehinde, Ex parte, R v Secretary of State for the Home Department, Ex parte Alexander) [1991] 1 AC 254 A statutory power entrusted to a minister may ordinarily be exercised on the minister’s behalf by an appropriate civil servant within the department.…	14
11 Oct 1990	R v Secretary of State for Transport, Ex p Factortame Ltd (No 2) [1991] 1 AC 603 A national court must set aside any rule of domestic law which is the sole obstacle to granting interim relief needed to protect directly enforceable Community…	56
4 Oct 1990	R v Secretary of State for the Environment, Ex parte Hammersmith and Fulham London Borough Council (Hammersmith and Fulham London Borough Council, Ex parte) [1991] 1 AC 521 Where legislation entrusts a minister with setting limits on local government expenditure by principles of general application, the minister may determine the…	20
28 Sep 1990	East v Maurer [1991] 1 WLR 461 In an action for deceit, damages compensate the claimant for all actual loss directly caused by the fraudulent inducement. They are not confined by the…	15
3 Aug 1990	Morris v Murray [1991] 2 QB 6 The defence of volenti non fit injuria may defeat a claim in negligence where the claimant fully knows the nature and extent of an obvious risk and freely…	3
31 Jul 1990	James McNaughton Paper Group Ltd v Hicks Anderson & Co [1991] 2 QB 113 A duty of care for a negligent statement causing pure economic loss depends on foreseeability, proximity, and whether imposing the proposed duty is fair, just…	16
26 Jul 1990	Murphy v Brentwood District Council [1991] 1 AC 398 A local authority exercising building-control functions does not, merely by approving plans or inspecting construction, owe a later owner a duty to protect…	60
25 Jul 1990	In re Atlantic Computer Systems plc [1992] Ch 505 An administrator’s use of land or goods held under an existing lease or hire-purchase agreement does not automatically make the continuing rent or hire charges…	48
12 Jul 1990	Director of Public Prosecutions v Hutchinson (R v Secretary of State for Defence, Ex parte Hayman, R v Secretary of State for Defence, Ex parte Parker) [1990] 2 AC 783 Delegated legislation whose text exceeds the enabling power is not necessarily void in every application. Severability has textual and substantial aspects.…	26
6 Jul 1990	Mills v Silver [1991] Ch 271 A private right of way may be acquired by prescription where the use is open, peaceable and without licence, and is sufficiently continuous to indicate to a…	17
14 Jun 1990	James v Eastleigh Borough Council [1990] 2 AC 751 Direct sex discrimination is determined objectively. It occurs where the complainant would have received the same treatment but for their sex. Applying a…	71
7 Jun 1990	Hampson v Department of Education and Science [1991] 1 AC 171 The statutory immunity for discrimination done “in pursuance of” a ministerial instrument is construed narrowly. It protects a discriminatory requirement…	9
25 May 1990	Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council [1990] 1 WLR 1195 An invitation to tender is ordinarily an invitation to treat, but a binding ancillary contract may arise from a structured invitation sent to selected…	27
18 May 1990	Stanley v Saddique (Mohammed) [1992] QB 1 Under section 4 of the Fatal Accidents Act 1976, all benefits accruing as a result of a death must be disregarded when assessing dependency damages. This…	5
18 May 1990	Corbett v Barking, Havering and Brentwood Health Authority [1991] 2 QB 408 In assessing a child’s fatal-accident dependency for the loss of a mother’s services, the cost of a nanny may provide a practical guide but is not a precise…	4
17 May 1990	R v Dairy Produce Quota Tribunal for England and Wales, Ex parte Caswell (Caswell v Dairy Produce Quota Tribunal) [1990] 2 AC 738 An application for leave to seek judicial review must be made promptly and, in any event, within three months. A failure to meet either requirement constitutes…	31
15 May 1990	Javad v Mohammed Aqil [1991] 1 WLR 1007 Whether consented occupation and periodic payments create a periodic tenancy depends on the parties’ objectively inferred intention, assessed from all the…	18
4 Apr 1990	Pitts v Hunt [1991] 1 QB 24 A participant in a joint illegal enterprise cannot recover in negligence from a co-participant where the character and incidents of the enterprise make it…	6
29 Mar 1990	Abbey National Building Society v Cann [1991] 1 AC 56 Under the Land Registration Act 1925, overriding interests affecting a transferred or created estate are generally ascertained at registration. For section…	43
29 Mar 1990	Lloyd’s Bank Plc v Rosset [1991] 1 AC 107 Where a home is in one partner’s sole legal ownership, a beneficial interest may arise if express discussions show an agreement, arrangement or understanding…	69
8 Feb 1990	Caparo Industries plc v Dickman [1990] 2 AC 605 Reasonable foreseeability alone does not create a duty of care. The law also requires sufficient proximity and circumstances in which imposing a duty of the…	307
8 Feb 1990	Reckitt & Colman Products Ltd v Borden [1990] 1 WLR 491 Passing off requires proof of goodwill attached to an identifying get-up, a misrepresentation likely to lead the public to believe that the defendant's goods…	107