List of notable United Kingdom House of Lords cases
Encyclopedia
This page lists legal decisions of the House of Lords. Until 30 September 2009, the House of Lords
was the highest appellate court for the United Kingdom. Cases were determined not by the House of Lords itself, but by its Judicial Committee
, consisting of up to nine legally qualified peers
, generally referred to as "Law Lords". On 1 October 2009 its functions were transferred to the Supreme Court of the United Kingdom
.
For a complete list of all legal cases heard by the House of Lords, see List of United Kingdom House of Lords cases.
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
was the highest appellate court for the United Kingdom. Cases were determined not by the House of Lords itself, but by its Judicial Committee
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
, consisting of up to nine legally qualified peers
Peerage of the United Kingdom
The Peerage of the United Kingdom comprises most peerages created in the United Kingdom of Great Britain and Ireland after the Act of Union in 1801, when it replaced the Peerage of Great Britain...
, generally referred to as "Law Lords". On 1 October 2009 its functions were transferred to the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
.
For a complete list of all legal cases heard by the House of Lords, see List of United Kingdom House of Lords cases.
Case | Date | OSCOLA Citation | Summary |
---|---|---|---|
Donaldson v Beckett | 1774 | 1 E.R. 837 | Copyright could not be a right in perpetuity |
Wright v Tatham | 1838 | 132 E.R. 877 | Hearsay |
Dimes v Grand Junction Canal Dimes v Grand Junction Canal Dimes v Grand Junction Canal was a case heard by the House of Lords.The case covers the point that "Judges must not appear to be biased or impartial". Lord Cottenham, the judge who sat over a previous case in which canal company that brought a case in equity against a landowner. Lord Cottenham was... |
1852 | 3 HLC 759 | A judge with a financial interest in one of the parties to a case is debarred from deciding a case involving that party; applying the principle "Nobody should be a judge in their own cause". |
Rylands v Fletcher Rylands v Fletcher Rylands v Fletcher [1868] was a decision by the House of Lords which established a new area of English tort law. Rylands employed contractors to build a reservoir, playing no active role in its construction. When the contractors discovered a series of old coal shafts improperly filled with debris,... |
1868 | LR 3 H.L. House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster.... 330 |
Liability could attach in tort Tort A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general... for escape of materials from land |
Hughes v Metropolitan Railway Co. | 1877 | 2 A.C. Court of Appeal of England and Wales The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it... 439 |
The first example of promissory estoppel being applied, although to delay rather than extinguish common-law rights. |
Foakes v Beer | 1884 | L.R. 9 A.C. 605 | Part-payment of a debt, in the absence of consideration Consideration Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from... , will not extinguish the debt. |
Wakelin v London & South Western Railway Co. Wakelin v London & South Western Railway Co. Wakelin v London and South Western Railway Co. was a case heard by the House of Lords regarding Personal Injury and Negligence. The case was between Wakelin and the London and South Western Railway Co... |
1886 | 12 A.C. 41, 56 L.J.Q.B. 229 (H.L.) | A defendant's negligence must be causative of, rather than incidental to, damage to the plaintiff. |
Derry v Peek | 1889 | 14 A.C. 337, 58 L.J. Ch. 864, 61 L.T. 265 (H.L.) | There exists no general duty to use care and skill in issuing a prospectus for a business venture |
Browne v Dunn Browne v Dunn Browne v. Dunn 6 R. 67, H.L. is a famous British House of Lords decision on the rules of cross examination. From this case came the common law rule known as the "Browne v Dunn rule" or "the rule in Browne v Dunn"... |
1893 | 6 R. 67 (H.L.) | An advocate must raise in Cross examination issues that are in dispute otherwise reliance on those issues will be prohibited. |
Reddaway v Banham | 1896 | A.C. 199 | Passing off Passing off Passing off is a common law tort which can be used to enforce unregistered trademark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation that causes damage to goodwill.... |
Salomon v A Salomon & Co Ltd | 1897 | A.C. 22 | Recognized a corporation as a separate entity. |
Walter v Lane | 1900 | A.C. 539 H.L. | Fixation by journalist creates copyright by publisher. |
Heilbut, Symons & Co. v Buckleton | 1913 | A.C. 30 | Innocent misrepresentation in contract gives no right to damages. |
Lennard's Carrying Co Ltd v Asiatic Petroleum Co Ltd Lennard's Carrying Co Ltd v Asiatic Petroleum Co Ltd Lennard's Carrying Co Ltd v Asiatic Petroleum Co Ltd [1915] AC 705 is a famous decision by the House of Lords on the ability to impose liability upon a corporation... |
1915 | A.C. 705 | Alter-ego theory of corporate liability, establishing that directors are the controlling minds of the company and therefore the company is liable for their misdeeds. |
Dunlop Pneumatic Tyre v Selfridge and Co. Ltd. | 1915 | A.C. 847 | Privity in contract law |
Herd v Weardale Steel Coal & Coke Ltd. Herd v Weardale Steel Coal & Coke Ltd. Herd v Weardale Steel Coal & Coke Ltd. was a case heard by the House of Lords in 1915. The case involved a miner who demanded to be returned to the surface before the end of his shift. The case regards False imprisonment... |
1915 | A.C. 67, 84 L.J.K.B. 121 (H.L.) | Unlawful imprisonment |
Adam v Ward Adam v Ward Adam v. Ward was a case heard in 1917 by the House of Lords concerning the legal theories of qualified privilege and that of the constitutional defence... |
1917 | All E.R. 151 | Definition of qualified privilege Qualified privilege The defense of qualified privilege permits persons in positions of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else... |
Donoghue v Stevenson | 1932 | A.C. 532 | Lord Atkin's famous statement about duty of care in the tort Tort A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general... of negligence Negligence Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M... . |
Bell v Lever Brothers | 1932 | A.C. 161 | Mutual mistake at common law |
Hillas v Arcos | 1932 | All E.R. 494 | The court may imply terms into a contract based on the previous business dealings of the parties. |
Woolmington v DPP | 1935 | A.C. 462 H.L.(E) | It is always incumbent on the prosecution in a criminal case to prove guilt beyond reasonable doubt. |
Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour | 1942 | 2 All E.R. 122, 1943 A.C. 32 | Frustration in contract law |
Hay v Young Hay v Young Hay v Young was a case heard by the British House of Lords in 1943 relating nervous shock, where a woman pregnant at the time of the incident sued for compensation after seeing blood after a motorcycle accident... |
1943 | A.C. 92 | Nervous shock |
Bolton v Stone | 1951 | A.C. 850, 1 All E.R. 1078 (H.L.) | Breach of duty of care Duty of care In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant... . |
Silkin v Beaverbrook Newspapers Ltd. | 1958 | 1 W.L.R. 743 | Freedom of speech Freedom of speech Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used... . |
Cavanagh v Ulster Weaving Co. Ltd. | 1960 | A.C. 1959 2 All E.R. (H.L.) | |
Midland Silicones v Scruttons | 1961 | 2 Lloyd's Rep. 365 (H.L.) | |
White & Carter (Councils) Ltd. v McGregor | 1961 | All E.R. 1178 | |
Hughes v Lord Advocate Hughes v Lord Advocate Hughes v Lord Advocate [1963] is a famous Scottish delict case decided by the House of Lords on causation. It is also influential in the English law of tort.-Facts:... |
1963 | All E.R. 705 (H.L.) | Manner of occurrence in tort of negligence (remoteness). |
Hedley Byrne v Heller | 1963 | 2 All E.R. 575 | Economic compensation in tort. |
Ridge v Baldwin Ridge v Baldwin Ridge v Baldwin [1964] AC 40 was a British legal case heard by the House of Lords. The judges hearing the case extended the doctrine of natural justice into the realm of administrative decision making... |
1964 | A.C. 40 | Judicial review, natural justice Natural justice Natural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly"... and fair hearing. |
Practice Statement Practice Statement Practice Statement [1966] 3 All ER 77, was a statement made in the House of Lords by Lord Gardiner, L.C., on July 26, 1966 on behalf of himself and the Lords of Appeal in ordinary.... |
1966 | Change of practise regarding precedent, allowing the House of Lords to overrule its own previous decisions in exceptional circumstances. | |
Suisse Atlantique case | 1966 | 2 All E.R. 61 | |
Regal (Hastings) v Gulliver Regal (Hastings) v Gulliver Regal Ltd v Gulliver [1942] , is a leading case in UK company law regarding the rule against directors and officers from taking corporate opportunities in violation of their duty of loyalty. The Court held that a director is in breach of his duties if he takes advantage of an opportunity that the... |
1967 | 2 A.C. 134 | |
Anisminic v Foreign Compensation Commission Anisminic v Foreign Compensation Commission Anisminic is an important House of Lords decision in the area of administrative law, establishing in particular that any error of law made by a public body will make its decision a nullity and that a statutory exclusion clause does not deprive the courts from their jurisdiction in judicial review... |
1969 | 2 A.C. 147 | Judicial review, error of law |
Home Office v Dorset Yacht Co. | 1970 | 2 All E.R. 294 | Tort, duty of care Duty of care In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant... |
Saunders v Anglia Building Society Saunders v Anglia Building Society Saunders v Anglia Building Society [1970] also known as Gallie v Lee is an English contract law case in the United Kingdom. It established that in contract law the burden lies with the plaintiff to demonstrate he has not acted negligently and, that consequently, the plea of non est factum cannot... |
1971 | A.C. 1004 | Importance of signature. |
Tesco Supermarkets v Nattrass | 1972 | A.C. 153 | Directing mind of corporation. |
McGhee v National Coal Board | 1972 | 3 All E.R. 1008 (H.L.) | Causation in tort. |
Haughton v Smith | 1975; 1973; 1974 | AC 476; 3 All ER 1109; 3 W.L.R. | Attempted crimes, subsequently overturned by Criminal Attempts Act 1981 Criminal Attempts Act 1981 The Criminal Attempts Act 1981 is an Act of the Parliament of the United Kingdom. It applies to England and Wales and creates criminal offences pertaining to attempting to commit crimes... |
American Cyanamid Co. v Ethicon Ltd. | 1975 | A.C. 396 H.L.(E) | |
Miliangos v George Frank Ltd Miliangos v George Frank Ltd Miliangos v George Frank Ltd, [1976] AC 443 is a leading decision of the House of Lords enforcement of debts. The case created the Miliangos rule that allows creditors under a contract to obtain judgment under a foreign currency... |
1976 | A.C. 443 | UK courts were entitled to make awards of damages specified in foreign currency. |
Anns v Merton London Borough Council | 1978; 1977 | A.C. 728; 2 All E.R. (H.L.) | Compensation of economic loss caused by negligence; overruled by Murphy v Brentwood District Council Murphy v Brentwood District Council Murphy v Brentwood District Council [1991] 1 AC 398 was a House of Lords decision on recovery of pure economic loss in tort. It is considered to overrule the decision Anns v Merton London Borough Council... . |
Securicor Transport Ltd. v Photo Production Ltd. | 1980 | 2 W.L.R. 283 | |
Ramsay v IRC The Ramsay Principle The Ramsay Principle is the shorthand name given to the decision of the House of Lords in two important cases in the field of UK tax, reported in 1982:... |
1982 A.C. 300 | ||
Catnic Components Ltd. v Hill & Smith Ltd. | 1982 | R.P.C. 183 | |
Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH Brinkibon Ltd v Stahag Stahl [1983] 2 AC 34 is a leading decision of the House of Lords on the formation of a contract using telecommunication. The Lords largely accepted the earlier leading decision of Entores v Miles Far East Co. [1955] 2 QB 327 on acceptance via telex.-Facts:Brinkibon was a... |
1983 | 2 A.C. 34 | Contract law, instantaneous communication, approving Entores v Miles Far East Co. |
Amin Rasheed Shipping Corp. v Kuwait Insurance Co. | 1984 | 1 App Cas 50 | |
Furniss v Dawson | 1984 | A.C. 474 | |
Spiliada Maritime Corp v Cansulex Ltd Spiliada Maritime Corp v Cansulex Ltd Spiliada Maritime Corp v Cansulex Ltd [1986] 3 WLR 972, 3 All ER 843, [1987] A.C. 460 is a leading decision of the House of Lords on the doctrine of forum non conveniens.-Facts:... |
1987 | A.C. 460 | |
Caparo Industries Plc. v Dickman Caparo Industries Plc. v Dickman Caparo Industries plc v Dickman [1990] is a leading English tort law case on the test for a duty of care. The House of Lords, following the Court of Appeal, set out a "three-fold test"... |
1990 | Pure economic loss in tort. | |
Attorney-General v Guardian Newspapers Ltd. (No. 2) | 1990 | 1 AC 109 | "Everybody is free to do anything, subject only to the provisions of the law". |
Copac v Wright | 1991 | ||
R v Brown R v Brown R v Brown [1994] 1 AC 212 is a House of Lords judgment in which a group of men were convicted for their involvement in consensual sadomasochistic sexual acts over a 10 year period. They were convicted of "unlawful and malicious wounding" and "assault occasioning actual bodily harm" contrary to... |
1993 | 2 W.L.R. 556 | Sadomasochism and consent in criminal law. |
Reynolds v Times Newspapers Ltd. | 1999 | Freedom of expression and defamation. | |
White v White | 2000 | ||
Fairchild v Glenhaven Funeral Services Ltd | 2002 | UKHL 22 | Exposure to asbestos Asbestos Asbestos is a set of six naturally occurring silicate minerals used commercially for their desirable physical properties. They all have in common their eponymous, asbestiform habit: long, thin fibrous crystals... ; multiple tortfeasors. |
Campbell v MGN Ltd. | 2004 | ||
Regina v Special Adjudicator | 2004 | UKHL 26 | |
Kirin-Amgen v Hoechst Marion Roussel Kirin-Amgen v Hoechst Marion Roussel Kirin-Amgen, Inc. v Hoechst Marion Roussel Ltd. is a decision by the House of Lords of England and Wales. The judgment was issued on 21 October 2004 and relates to the scope to be accorded to patent claims, including the doctrine of equivalents. The case and subsequent judgment affirmed principles... |
2004 | UKHL 46 | |
A and Others v Secretary of State for the Home Department | 2005 | Imprisonment without trial for terrorism suspects | |
R v Jones | 2006 | UKHL 16 | Iraq war; international law |
Barker v Corus | 2006 | UKHL 20 | Exposure to asbestos Asbestos Asbestos is a set of six naturally occurring silicate minerals used commercially for their desirable physical properties. They all have in common their eponymous, asbestiform habit: long, thin fibrous crystals... ; "proportionate liability" of multiple tortfeasors |
A v Hoare A v Hoare A v Hoare, [2008] UKHL, is a leading tort case decided by the House of Lords. Their Lordships held that the limitation period for actions founded on torts of negligence may be disapplied where it is inequitable to enforce it... |
2008 | UKHL 6 | Tort law; limitation period of personal injuries claims; Limitation Act 1980 Limitation Act 1980 The Limitation Act 1980 is a British Act of Parliament. It is a statute of limitations which provides timescales within which action may be taken for breaches of the law. For example it provides that breaches of an ordinary contract are actionable for six years after the event whereas breaches of... . |
See also
- List of United Kingdom House of Lords cases
- List of Judicial Committee of the Privy Council cases
- List of Supreme Court of Judicature cases