CASE BOOK

Judgments

Three Rivers District Council & ors v Governor & Co of the Bank of England sub nom Same v Same (3) (22/3/01) HL

Lords: Steyn, Hope, Hutton, Hobhouse and Millett

The claim that officials in the Bank of England were guilty of the tort of misfeasance in public office was sufficiently pleaded for the bank to have known the case that it had to meet. On the facts as presently known, the claim could not be said to have no realistic prospect of success. Lovells instructed Lord Neill of Bladen QC and Dominic Dowley of Serle Court and Robin Dicker QC and Richard Sheldon QC of 3/4 South Square for the claimants. Fountain Court's Nicholas Stadlen QC and Bankim Thanki and Mark Phillips QC of 3/4 South Square were instructed by Freshfields Bruckhaus Deringer for the bank.

(Lawtel ref: C0100984)

Borealis AB v (1) Stargas Ltd (2) Saudi Arabian Oil Co & Bergesen DY A/S (Third Party) sub nom "The Berge Sisar" (22/3/01) HL

Lords: Hoffmann, Mackay, Cooke, Hope and Hobhouse

The case related to the construction of s3(1) of the Carriage of Goods by Sea Act 1992. Middleton Potts instructed 20 Essex Street's head of chambers Iain Milligan QC, and Simon Kverndal of 4 Essex Court acted for Bergesen. Waltons & Morse instructed Andrew Popplewell QC of Brick Court Chambers for Borealis, while Richards Butler instructed Jonathan Gaisman QC and Stephen Kenny, both of 7 King's Bench Walk for Stargas.

(Lawtel ref: C8600246)

Fenton Barry Johnson v Unisys Ltd (22/3/01) HL

Lords: Bingham, Nicholls, Steyn, Hoffmann and Millett

The headnote of the report of Addis v Gramophone Co Ltd (1909) AC 448 had arguably stated incorrectly that a wrongfully dismissed employee could never sue for loss of employment prospects arising from the harsh and humiliating manner of their dismissal.

Sharpe Pritchard instructed No 1 Serjeants' Inn's head of chambers Edward Faulks QC, and Oliver Wise of Queen Elizabeth Building (Paul Coleridge QC) was for the appellants. Davies Lavery instructed David Pannick QC of Blackstone Chambers and Sam Neaman of Littleton Chambers for the respondent.

(Lawtel ref: C7800105)

Scottish Equitable plc v Gordon Derby (16/3/01) CA

Judges: Brown, Walker and Keene

Mere carelessness did not preclude the recovery of money paid under a mistake of fact. Therefore, a pension company that had overpaid retirement benefits because of a failure to take into account monies already paid out by way of early retirement benefit was entitled to restitution of substantially the whole of the overpaid amount. Bernard Weatherill QC of 3 New Square and Paul Emerson of Lamb Chambers were instructed by Chivers Easton Brown for Gordon Derby. Stephen Moriarty QC and Richard Handyside, both of Fountain Court, were instructed by Addleshaw Booth & Co for Scottish Equitable.

(Lawtel ref: C7200459)

Lloyds Bank plc v Crosse & Crosse (A Firm) (16/3/01) CA

Judges: Potter, Sedley, Parker

The trial judge concluded that the claim in the action was not statute barred because s14A Limitation Act 1980 was not invalidated by his failure to receive valuation evidence in relation to the loss suffered as a result of a negligent title search. However, his conclusion that the claimant was entitled to recover the whole of its loss was wrong, and valuation evidence would have to be adduced at a further hearing before a different judge to determine the true extent of the loss.

Katharine Holland of 9 Old Square was instructed by Rosalind King for the claimant. Andrew Simmonds QC of 5 Stone Buildings was instructed by Bond Pearce for the first defendant. Julian Picton of 4 Paper Buildings was instructed by Bond Pearce for the second defendant.

(Lawtel ref: C9200131)

Marks & Spencer plc v Criag Cottrell & ors (26/2/01) Ch D

Judge: Lightman

Where there had been a case of continuing conduct in breach of a court order, exploiting domain names in order to perpetrate frauds on third-party suppliers and members of the public, and in the course of so doing seriously putting at risk the goodwill of the claimant, the defendant would be committed to prison for contempt of court. The case comments on the possible responsibilities of domain name providers.

Shirley Bothroyd of Littleton Chambers acted for the claimant. The defendants did not appear and were not represented.

(Lawtel ref: C0100890)