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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.
Case | Date | OSCOLA Citation | Summary |
---|---|---|---|
Pinchon's case | 1611 | Early assumpsit and contract liability precedent | |
Sprat v Agar | 1658 | Early case on in third party contract law | |
Duke of Norfolk's Case | 1682 | 3 Ch. Cas. 1, 22 E.R. 931 | Rule against perpetuities |
Mason v Keeling | 1700 | 1 Ld Raym 606; 91 ER 1305 | |
Donaldson v Beckett | 1774 | 1 E.R. 837 | Copyright could not be a right in perpetuity |
Hambly v. Trott | 1776 | Case in conversion and trover | |
Bach v Longman | 1777 | Early case in copyright law | |
Worlledge v Manning | 1786 | Case establishing modern concept of property | |
Steel v Houghton | 1788 | 126 ER 32 | Establishes the nature of property which imports absolute enjoyment' |
Gee v Pritchard | 1818 | Precedent in copyright law | |
Wright v Tatham | 1838 | 132 E.R. 877 | Hearsay |
Dimes v Grand Junction Canal | 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". |
Hyde v Hyde | 1866 |
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Rylands v Fletcher | 1868 | LR 3 H.L. 330 | Liability could attach in tort for escape of materials from land |
Hughes v Metropolitan Railway Co. | 1877 | 2 A.C. 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, will not extinguish the debt. |
Wakelin v London & 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. |
Wennhak v Morgan | 1888 | Leading deformation case | |
Hotson v East Berkshire Health | |||
Derry v Peek | 1889 | 14 A.C. 337, 58 L.J. Ch. 864, 61 L.T. 265 (H.L.) | Fraud and negligent misstatement. |
Phillips v Homfray | 1892 | precedent in of restitution. | |
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 |
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 | 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. | 1915 | A.C. 67, 84 L.J.K.B. 121 (H.L.) | Unlawful imprisonment |
Adam v Ward | 1917 | All E.R. 151 | Definition of qualified privilege |
Donoghue v Stevenson | 1932 | A.C. 532 | Lord Atkin's famous statement about duty of care in the tort of negligence. |
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 | 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. |
Silkin v Beaverbrook Newspapers Ltd. | 1958 | 1 W.L.R. 743 | Freedom of speech. |
Cavanagh v Ulster Weaving Co. Ltd. | 1960 | A.C. 1959 2 All E.R. (H.L.) | Evidence of trade practice is not determinative of whether there had been negligence on the facts. |
Scruttons Ltd v Midland Silicones Ltd | 1961 | 2 Lloyd's Rep. 365 (H.L.) | Privity of contract and the agency exception. |
White & Carter (Councils) Ltd v McGregor | 1961 | All E.R. 1178 | |
Hughes v Lord Advocate | 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 loss in tort. Negligent misstatement. |
Ridge v Baldwin | 1964 | A.C. 40 | Judicial review, natural justice and fair hearing. |
Practice Statement | 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 | 1967 | 2 A.C. 134 | Fiduciary duties of company directors. |
Anisminic v Foreign Compensation Commission | 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 |
Saunders v Anglia Building Society | 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 |
American Cyanamid Co. v Ethicon Ltd. | 1975 | A.C. 396 H.L.(E) | Injunctions |
Miliangos v George Frank Ltd | 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 . |
Securicor Transport Ltd. v Photo Production Ltd. | 1980 | 2 W.L.R. 283 | Exclusion clauses. |
Ramsay v IRC | 1982 | A.C. 300 | Disregarding artificial transactions designed solely to avoid tax. |
Catnic Components Ltd. v Hill & Smith Ltd. | 1982 | R.P.C. 183 | |
Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH | 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 | Choice of law in contract, renvoi. |
Furniss v Dawson | 1984 | A.C. 474 | |
Spiliada Maritime Corp v Cansulex Ltd | 1987 | A.C. 460 | Forum non conveniens . |
Hotson v East Berkshire Health Authority | 1988 | UKHL 1 | Claims under the 'loss of a chance' doctrine in medical negligence are actionable only where it is more likely than not (>50% likely) that the defendant's negligence caused the plaintiff to lose the chance of recovery. |
Caparo Industries Plc. v Dickman | 1990 | Pure economic loss in tort. Duty of care. | |
Attorney-General v Guardian Newspapers Ltd. (No. 2) | 1990 | 1 AC 109 | Confidentiality and public interest. |
R v Brown | 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 | 1 A.C. 596 | 'Yardstick of equality' in division of matrimonial assets between spouses in ancillary relief proceedings |
Fairchild v Glenhaven Funeral Services Ltd | 2002 | UKHL 22 | Exposure to asbestos; multiple tortfeasors. |
Campbell v MGN Ltd. | 2004 | ||
Regina v Special Adjudicator | 2004 | UKHL 26 | |
Kirin-Amgen v Hoechst Marion Roussel | 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; "proportionate liability" of multiple tortfeasors |
A v Hoare | 2008 | UKHL 6 | Tort law; limitation period of personal injuries claims; Limitation Act 1980. |
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century.
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation.
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.
The United Kingdom has three distinctly different legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English law, Scots law, Northern Ireland law, and, since 2007, calls for a fourth type, that of purely Welsh law as a result of Welsh devolution, with further calls for a Welsh justice system.
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.
The Lord Chancellor, formally titled Lord High Chancellor of Great Britain, is the minister of justice for the whole United Kingdom and the highest-ranking Great Officer of State in Scotland and England, nominally outranking the prime minister. The lord chancellor is appointed and dismissed by the sovereign on the advice of the prime minister. Prior to the union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland. Likewise, the Lordship of Ireland and its successor states maintained the office of lord chancellor of Ireland until the establishment of the Irish Free State in 1922, whereupon the office was abolished.
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. The court was established in 1532 by an Act of the Parliament of Scotland, and was initially presided over by the Lord Chancellor of Scotland and had equal numbers of clergy and laity. The judges were all appointed from the King's Council. As of May 2017, the Lord President was Lord Carloway, who was appointed on 19 December 2015, and the Lord Justice Clerk was Lady Dorrian, who was appointed on 13 April 2016.
Lists of case law cover instances of case law, legal decisions in which the law was analyzed to resolve ambiguities for deciding current cases. They are organized alphabetically, by topic or by country.
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of Lords, which included acting as the highest appellate court for most domestic matters.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled Senators of the College of Justice or Lords of Council and Session. Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal.
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision.
The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom-wide jurisdiction but judgments only apply directly to the jurisdiction from which a case originates as the same case points and principles do not inevitably apply in the other jurisdictions. In employment law, employment tribunals and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain.
The President of the Supreme Court of the United Kingdom is the highest-ranking judge in the Supreme Court of the United Kingdom. It is equivalent to the now-defunct position of Senior Lord of Appeal in Ordinary, also known as the Senior Law Lord, who was the highest ranking among the Lords of Appeal in Ordinary. The current President is Robert Reed, since 13 January 2020.
Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the president and the deputy president of the court. The Supreme Court is the highest court of the United Kingdom for all civil cases, and for criminal cases from the jurisdictions of England and Wales and Northern Ireland. Judges are appointed by the British monarch on the advice of the prime minister, who receives recommendations from a selection commission.
Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom. Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid.