Earlier reported cases judgments 1991

Date	Case	Cited by
19 Dec 1991	Rolls-Royce Plc v Doughty [1992] ICR 538 A directly effective directive may be invoked against a body only where the body falls within the state’s sphere for the relevant obligation. State control…	2
12 Dec 1991	Billson v Residential Apartments Ltd [1992] 1 AC 494 Under section 146(2) of the Law of Property Act 1925, a tenant may seek relief against forfeiture after a landlord has peaceably re-entered without first…	15
5 Dec 1991	Hammersmith and Fulham London Borough Council v Monk (Barnet London Borough Council v Smith) [1992] 1 AC 478 A contractual periodic tenancy granted to joint tenants may, unless its express terms provide otherwise, be determined by an appropriate notice to quit from…	25
3 Dec 1991	Colchester Borough Council v Smith [1992] Ch 421 A bona fide compromise of a genuine dispute is binding and enforceable. A party who enters such an agreement cannot later reopen and litigate the antecedent…	3
28 Nov 1991	Alcock v Chief Constable of South Yorkshire Police (Jones v Wright) [1992] 1 AC 310 A duty to avoid shock-induced psychiatric injury to a secondary victim requires reasonable foreseeability and sufficient proximity. Relevant controls concern…	44
21 Nov 1991	Crago v Julian [1992] 1 WLR 372 An orally created short lease may be validly created by parol under section 54(2) of the Law of Property Act 1925, but its assignment remains a disposal of an…	3
14 Nov 1991	R v Richmond Upon Thames London Borough Council, Ex parte McCarthy & Stone (Developments) Ltd (McCarthy & Stone (Developments) Ltd v Richmond upon Thames London Borough Council) [1992] 2 AC 48 A public authority may impose a pecuniary charge only where Parliament has authorised that particular charge in express words or by necessary implication.…	26
14 Nov 1991	Telnikoff v Matusevitch [1992] 2 AC 343 In libel, whether impugned words are fact or comment is initially a question of construction for the judge. If they are reasonably capable of either meaning…	15
7 Nov 1991	R v Parmenter (Philip) (Director of Public Prosecutions v Parmenter) [1992] 1 AC 699 For an offence under section 20 of the Offences Against the Person Act 1861, maliciously requires an intention to cause harm or actual foresight that the act…	12
23 Oct 1991	R v R (Rape: Marital Exemption) [1992] 1 AC 599 A husband may be guilty of raping his wife. Marriage does not give irrevocable consent to sexual intercourse, and the supposed common law marital exemption…	9
11 Oct 1991	King v Great Britain-China Centre [1992] ICR 516 A complainant alleging racial discrimination bears the legal burden of proving the case on the balance of probabilities. Tribunals should assess all the…	54
3 Oct 1991	Equity & Law Home Loans Ltd v Prestidge [1992] 1 WLR 137 A beneficial interest arising from a common intention may be subject from its inception to a mortgage which the parties intended would finance the property's…	2
30 Jul 1991	Watts v Morrow [1991] 1 WLR 1421 Under an ordinary contract for a residential survey, damages for negligent reporting normally equal the difference between the price paid and the property's…	41
24 Jul 1991	R v Deputy Governor of Parkhurst Prison, Ex parte Hague [1992] 1 AC 58 A breach of the Prison Rules 1964 does not itself give a prisoner a private right to damages. Whether breach of an enactment creates such a right depends on…	63
25 Jun 1991	McAuley v Bristol City Council [1992] QB 134 Section 4(4) of the Defective Premises Act 1972 does not impose a general repairing obligation. It treats the landlord as being under an obligation only for…	6
6 Jun 1991	Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548 A legal owner may trace property at common law into an identifiable substitute and recover money from a recipient who has been unjustly enriched. A recipient…	60
21 Mar 1991	Neilson v Stewart [1991] UKHL SC_HL_22 The presence of a clause postponing negotiation about the repayment date and terms of a loan does not of itself prevent the document from being a concluded…
21 Mar 1991	Royscot Trust Ltd v Rogerson [1991] 2 QB 297 Section 2(1) of the Misrepresentation Act 1967 makes a non-fraudulent representor liable in damages on the same basis as a fraudulent representor. The…	16
28 Feb 1991	Sen v Headley [1991] Ch 425 Land may pass by a donatio mortis causa. The donor must make the gift in contemplation of impending death, condition it upon death, and deliver the property or…	4
7 Feb 1991	R v Secretary of State for the Home Department, Ex parte Brind (Brind, Ex parte) [1991] 2 WLR 588 An administrative discretion expressed in broad terms remains confined by the purposes of its enabling legislation and by ordinary principles of judicial…	53
23 Jan 1991	Tagro v Cafane [1991] 1 WLR 378 Under sections 27 and 28 of the Housing Act 1988, a landlord who unlawfully evicts a residential occupier may be liable for damages assessed by the increase in…	2