Earlier reported cases judgments 1993

Date	Case	Cited by
21 Dec 1993	Beoco Ltd v Alfa Laval Co Ltd [1995] QB 137 Contract damages for lost profit are assessed in light of events known when damages are assessed. A claimant cannot recover hypothetical loss of production…	24
21 Dec 1993	In re Selectmove Ltd [1995] 1 WLR 474 A creditor’s winding-up petition should be dismissed where the debt is disputed in good faith on substantial grounds. A debtor provides no consideration by…	10
21 Dec 1993	Hunter v Moss [1994] 1 WLR 452 A person may declare an immediate oral trust over a specified number or proportion of identical shares held in a single company. The trust property is…	7
21 Dec 1993	Galoo Ltd v Bright Grahame Murray [1994] 1 WLR 1360 A breach of contractual or analogous tortious duty must be an effective or dominant cause of the claimed loss. Factual dependence under the “but for” test is…	74
16 Dec 1993	Birmingham City Council v H (A Minor) [1994] 2 AC 212 When contact proceedings under section 34 of the Children Act 1989 concern a child in local authority care, the welfare of that child is paramount. A parent…	5
13 Dec 1993	In re Jennings, decd [1994] Ch 286 Under the Inheritance (Provision for Family and Dependants) Act 1975, an adult child who can adequately maintain himself must show a current special…	13
9 Dec 1993	Cambridge Water Co v Eastern Counties Leather plc [1994] 2 AC 264 Liability in damages under the rule in Rylands v Fletcher requires reasonable foreseeability of damage of the relevant type. The rule remains strict because…	30
6 Dec 1993	Bolton v Law Society [1994] 1 WLR 512 A court should interfere with a professional disciplinary sanction only in a very strong case. The expert tribunal is best placed to assess the seriousness of…	221
2 Dec 1993	City of London Corpn v Fell (Herbert Duncan Ltd v Cluttons) [1994] 1 AC 458 An original tenant’s contractual liability under lease covenants extends only for the term for which it covenanted. Statutory continuation of a business…	6
24 Nov 1993	Harris v Lord Shuttleworth [1994] ICR 991 Under an occupational pension scheme, retirement by reason of incapacity may occur when the employer terminates the employment. The manner of termination is…	7
5 Nov 1993	Hall v Lorimer [1994] 1 WLR 209 The distinction between a contract of service and a contract for services depends on the overall picture created by all the relevant circumstances. The inquiry…	13
3 Nov 1993	Port of London Authority v Payne [1994] ICR 555 When considering re-engagement after unfair dismissal, an industrial tribunal must make an assessment of practicability before making an order. That assessment…	6
27 Oct 1993	Oxfordshire County Council v M [1994] Fam 151 Children Act care proceedings are in a special category and are not essentially adversarial. The court must investigate and determine the child’s welfare…
21 Oct 1993	CIBC Mortgages plc v Pitt [1994] 1 AC 200 Proof of actual undue influence entitles the victim, as against the wrongdoer, to set aside the resulting transaction as of right. Manifest disadvantage is not…	24
14 Oct 1993	Associated Newspapers Ltd v Wilson [1995] 2 AC 454 An employer’s omission to confer a benefit cannot constitute action taken against an employee under section 23(1) of the Employment Protection (Consolidation)…	2
3 Sep 1993	R v Inspectorate of Pollution, Ex parte Greenpeace Ltd (Greenpeace Ltd, Ex parte) [1994] 1 WLR 570 Where a judicial-review stay would in substance prevent a third party from acting under an impugned public decision, the court should apply the ordinary…	5
29 Jul 1993	MCFARLANE v. E.E. CALEDONIA LTD. [1994] 1 Lloyd's Rep 16 For psychiatric injury caused by fear of personal injury, foreseeability is objective. The question is what a reasonable defendant in that position should have…
27 Jul 1993	M v Home Office (M, In re) [1994] 1 AC 377 The High Court may grant interim or final injunctions against ministers and other Crown officers in judicial review proceedings. Section 21 of the Crown…	39
22 Jul 1993	Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd (St Martins Property Corpn Ltd v Sir Robert McAlpine Ltd (formerly Sir Robert McAlpine and Sons Ltd)) [1994] 1 AC 85 A contractual term prohibiting assignment of the contract ordinarily bars transfer of its benefit, including accrued causes of action, unless the language…	82
29 Jun 1993	Pitt v PHH Asset Management [1994] 1 WLR 327 A vendor and prospective purchaser may make an independently enforceable lock-out agreement during subject-to-contract negotiations. The essential obligation…
24 Jun 1993	R v Secretary of State for the Home Department, Ex p Doody (R v Secretary of State for the Home Department, Ex parte Smart (Elfed Wayne)) [1994] 1 AC 531 An administrative power is presumed to be exercised fairly. The content of fairness depends on the statutory, legal and practical context. It will often…	257
24 Jun 1993	R v Horseferry Road Magistrates’ Court, Ex p Bennett [1994] 1 AC 42 The High Court’s supervisory jurisdiction extends to the manner in which an accused was brought within England and Wales. Where lawful extradition procedures…	84
24 Jun 1993	Tinsley v Milligan [1994] 1 AC 340 A party to an illegal transaction may enforce a legal or equitable proprietary interest if the party can establish the interest without pleading or relying on…	118
26 May 1993	Giles v Thompson (Devlin v Basilington) [1994] 1 AC 142 A credit-hire agreement linked to litigation is not champertous merely because the hire company finances or supports recovery of the hire charges. The court…	44
21 May 1993	William Sindall Plc v Cambridgeshire County Council [1994] 1 WLR 1016 A contract for the sale of land which makes the sale subject to all easements, save for latent easements known to the vendor or of which it has the means of…	18
20 May 1993	R v Gough [1993] AC 646 Apparent bias is determined by a single objective test applicable to jurors, justices, inferior tribunals and arbitrators. After ascertaining the relevant…	53
19 May 1993	R v Secretary of State for the Home Department, Ex parte Leech [1994] QB 198 A prisoner's constitutional right of access to the courts includes unimpeded access to a solicitor for advice about contemplated proceedings. Routine reading…	30
7 Apr 1993	Surrey County Council v Bredero Homes Ltd [1993] 1 WLR 1361 The Court of Appeal held that common law damages for breach of contract are compensatory and ordinarily cannot be used to deprive a deliberate breacher of his…	11
6 Apr 1993	Nottingham County Council v P [1994] Fam 18 A local authority cannot obtain a prohibited steps order to achieve a result which could be achieved by a residence or contact order. An order for no contact…	6
31 Mar 1993	Rantzen v Mirror Group Newspapers (1986) Ltd [1994] QB 670 In a libel appeal, the Court of Appeal must subject a large jury award to searching scrutiny. The question is whether a reasonable jury could have regarded the…	30
11 Mar 1993	R v Brown (Anthony) (R v Carter (Christopher), R v Jaggard, R v Laskey, R v Lucas) [1994] 1 AC 212 By a majority, the House held that a person cannot ordinarily consent to the intentional or reckless infliction of actual bodily harm, wounding or grievous…	22
18 Feb 1993	Derbyshire County Council v Times Newspapers Ltd [1993] AC 534 An organ of central or local government cannot maintain an action in damages for defamation to protect its governmental reputation. Democratic government must…	35
16 Feb 1993	Khorasandjian v Bush [1993] QB 727 An interlocutory injunction must support an existing or potential claim for substantive relief within the court’s jurisdiction, but its terms may be shaped to…	8
29 Jan 1993	Topp v London Country Bus (South West) Ltd [1993] 1 WLR 976 A defendant is not generally liable for injury deliberately caused by an independent third party merely because the defendant was at fault. The third party’s…	2