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Judgements Categories: British Courts

LLOYDE V. WEST MIDLANDS GAS BOARD

LLOYDE V WEST MIDLANDS GAS BOARD   COURT OF APPEAL CIVIL DIVISION 2, 3, 4, 12 MARCH 1971 [1971] 2 ALL E.R. 1240 3PLR/1971/49  (CA-E)   BEFORE THEIR LORDSHIPS: DAVIES, KARMINSKI AND MEGAW LJJ CIVIL PROCEDURE: TORTS; Negligence   MAIN ISSUES Practice – Trial – Departure from case originally pleaded – Particulars of negligence – Finding against plaintiff on facts pleaded – Finding in favour of plaintiff on facts not pleaded – Order for new trial.   Negligence – Res ipsa loquitur – Nature of doctrine – Onus on plaintiff – Plaintiff’s evidence failing to explain cause of accident – […]

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LINCOLN V. DANIELS

LINCOLN V. DANIELS   COURT OF APPEAL [1961] 3 All ER 740; [1962] QB 237, CA. 30, 31 MAY, 1, 2, 5, 6, 7, 8, 9 JUNE, 17 JULY 1961 3PLR/1961/47 (CA-E)   OTHER CITATIONS   BEFORE THEIR LORDSHIPS: SELLERS; DEVLIN AND DANCKWERTS J   REPRESENTATION A R Campbell for the defendant. Neville Faulks QC and Joseph Dean for the plaintiff. Solicitors: Basil Greenby & Co (for the defendant) A Kramer & Co (for the plaintiff). Henry Summerfield Esq Barrister.   MAIN ISSUES   TORT – DEFAMATION: Libel – Privilege – Absolute privilege – Qualified privilege – Communications to Bar […]

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LEWIS V. DAILY TELEGRAPH LTD.

 LEWIS V. DAILY TELEGRAPH LTD.   COURT OF APPEAL [1963] 4081 Q.B. 3PLR/1962/83 (CA)   BEFORE: Havers J.   MAIN ISSUES Libel and Slander – Justification – Suspicion of crime – Newspaper report – “Police are inquiring into affairs” of limited company – Ordinary meaning of words admitted to be defamatory but justified – Proof of police inquiry in process at date of report – Whether justification – Whether words reasonably capable of meaning plaintiffs guilty of fraud.   Libel and Slander – Pleadings – libel – Innuendo – Not supported by extrinsic facts – Duty to withdraw unproved innuendo […]

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