List of cases involving Lord Denning
Encyclopedia
A list of cases involving Lord Denning is bound to be incomplete, since he delivered around 2000 reported judgments. Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law
and was influential around the Commonwealth and common law world.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and was influential around the Commonwealth and common law world.
High Court
- Fletcher v Fletcher [1945] 1 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community.
- Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, Denning resurrects the lost doctrine of promissory estoppel.
Court of Appeal
- Hain Steampship Co Ltd v Minister of Food [1949] 1 All ER 444 (C.A.)
- Olley v Marlborough Court Hotel [1949] 1 KB 532
- Metropolitan Borough and the Town Clerk of Lewisham v Roberts [1949] 2 K.B. 608 (C.A.) — Dissenting, an executive body should not be allowed to gain title of a man's land if only possession was required for their purpose.
- Solle v Butcher [1950] 1 KB 671, introducing equitable mistake, whereby a contract may be voidable if both parties have made a serious mistake
- Leaf v International GalleriesLeaf v International GalleriesLeaf v International Galleries [1950] 2 KB 86 is an English contract law case concerning rescission for mistake and innocent misrepresentation.-Facts:...
[1950] 2 KB 86 - Candler v Crane, Christmas & CoCandler v Crane, Christmas & CoCandler v Crane, Christmas & Co [1951] 2 KB 164 is an English tort law case. In it, Denning LJ delivered an important dissenting judgment, arguing for a duty of care for negligent statements...
[1951] 2 KB 164, on negligent misstatement, later adopted by the House of Lords in Hedley Byrne v Heller - Errington v Errington (1951) KB, creating the equitable doctrine of "part performance" to save an incomplete contract.
- Combe v Combe (1952), elaborating stance on promissory estoppel, calling it a "shield", not a "sword".
- R v Northumberland Compensation Tribunal, ex parte Shaw (1952)
- Hoenig v IsaacsHoenig v IsaacsHoenig v Isaacs [1952] is an English contract law case, concerning substantial performance of an entire obligation.-Facts:Mr Hoenig was meant to decorate and furnish Mr Isaac’s flat for £750. When the work was done, there were problems with a bookcase and wardrobe, which would cost £55 to fix...
[1952] EWCA Civ 6 i - Barnard v National Dock Labour Board (1953)
- Frederick E Rose (London) Ltd v William H Pim Junior & Co LtdFrederick E Rose (London) Ltd v William H Pim Junior & Co LtdFrederick E Rose Ltd v William H Pim Junior & Co Ltd [1953] 2 QB 450 is an English contract law case concerning rectification of contractual documents and interpreting contracts in English law.-Facts:...
[1953] 2 QB 450 - Drive-Yourself-Hire v Strutt [1953] 2 All ER 1475
- Roe v Minister of HealthRoe v Minister of HealthRoe v Minister of Health [1954] 2 All ER 131 is an English tort law decision of the Court of Appeal of England and Wales which has had a significant influence on the common law throughout the common law world.-Facts:...
[1954] 2 All ER 131 - Ladd v MarshallLadd v MarshallLadd v Marshall [1954] EWCA Civ 1 is an EnglishCourt of Appeal judgment, which established the criteria for the Court to accept fresh evidence in a case on which a judgement has already been delivered.-Facts:...
[1954] EWCA Civ 1 - Entores Ltd v Miles Far East CorporationEntores Ltd v Miles Far East CorporationEntores Ltd v Miles Far East Corporation [1955] is a landmark English Court of Appeal decision in contract law on the moment of acceptance of a contract over telex. Denning LJ found that the regular postal rule did not apply for instantaneous means of communications such as a telex...
[1955] 2 All ER 493 — Decides that the "moment of acceptance" in a contract using a telexTelexTelex may refer to:* Telex , , a communications network** Teleprinter, the device used on the above network* Telex , a Belgian pop group...
(electronic communication) happens on the receiver's side. - Ward v Byham (1956)
- Hornal v Neuberger [1956]
- J Spurling Ltd v BradshawJ Spurling Ltd v BradshawJ Spurling Ltd v Bradshaw [1956] is an English contract law and English property law case on exclusion clauses and bailment. It is best known for Denning LJ's red hand rule comment where he said,-Facts:...
[1956] 1 WLR 461
House of Lords
- Scottish Co-operative Wholesale Society Ltd v Meyer [1959] AC 324, on the predecessor to unfair prejudice in UK company law
- Scruttons Ltd v Midland Silicones Ltd [1962] AC 446, dissenting over the privity of contractPrivity of contractThe doctrine of privity in the common law of contract provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it....
doctrine.
- Fairweather v St Marylebone Property Co Ltd [1963] AC 510 (decided 16 April 1962, the last case in the HL) concerning adverse possessionAdverse possessionAdverse possession is a process by which premises can change ownership. It is a common law concept concerning the title to real property . By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true...
Master of the Rolls
- In re Smith or Barclays Bank Ltd v Mercantile Bank Ltd [1962] 1 WLR 763, decided on May 1, 1962, reversed the decision of Wilberforce J that a trust requiring trustees to give money to "hospitals" could be construed as "non-profit" hospitals, so was not void for uncertainty.
- Boulting v Association of Cinematograph, Television and Allied Technicians [1963] 2 QB 606, dissenting over a closed shop agreement and managers refusing to pay union fees
- Roles v Nathan [1963] 1 WLR 1117, occupiers' liability case on chimney sweeps.
- Letang v Cooper [1964] 2 All ER 292
- Southam v Smout [1964] 1QB 308
- Ward v James [1965]
- D & C Builders Ltd v Rees [1965] 2 QB 617, To resolve a debt there must be "accord and satisfactionAccord and satisfactionAccord and satisfaction is a contract law concept about the purchase of the release from a debt obligation. The payment is typically less than what is owed and is not paid by the actual performance of the original obligation...
" where the agreement cannot be made under duress. - Beswick v Beswick [1966] Ch 538, Denning allows a poor widow to reclaim the assets of her late husband when it was taken from her husband's nephew (disapproved in [1968] AC 58).
- Morris v CW Martin & Sons LtdMorris v CW Martin & Sons LtdMorris v CW Martin & Sons Ltd [1966] 1 QB 716 is an English tort law case, establishing that sub-bailees are liable for the theft or negligence of their staff. Both Lord Denning and Lord Diplock rejected the idea that a contract need exist for a relationship of bailor and bailee to be found...
[1966] 1 QB 716 - Wheat v E Lacon & Co Ltd [1966] 1 All ER 582; defines "occupier" for the purposes of Occupiers' Liability Act 1957Occupiers' Liability Act 1957The Occupiers' Liability Act 1957 is an Act of the Parliament of the United Kingdom that covers occupiers' liability. The result of the Third Report of the Law Reform Committee, the Act was introduced to Parliament as the Occupiers' Liability Bill and granted the Royal Assent on 6 June 1957,...
. - Boardman v Phipps [1965] Ch 992, on the strict application of the no conflict of interest rule for trustees, affirmed by the House of Lords.
- ER Ives Investments Ltd v High [1967] 2 QB 379
- Gallie v Lee [1968] 2 All ER 322
- O’Brien v Associated Fire Alarms Ltd [1969] 1 WLR 1916
- Torquay Hotel Co Ltd v Cousins [1969] 2 Ch 106, on the new economic tort of "interference with a contract"
- Gould v Gould [1970] 1 QB 275, dissenting on the idea that a husband's promise to help out his wife "as long as [he is] able" should be enforceable.
- Hinz v Berry [1970] 2 QB 40, on the recoverability of damages for nervous shock. Denning's judgment began with the words, "It happened on April 19, 1964. It was bluebell time in Kent."
- Lewis v Averay (1971), the purchaser of stolen goods should not bear the costs of re-embursing the victim of theft.
- Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163
- Nettleship v Weston [1971] 3 All ER 581, a learner driver must exercise the skill of an experienced driver to avoid liability in negligence.
- WJ Allan & Co v El Nasr Export & Import Co [1972] 2 QB 189
- Fuller v Fuller [1973] 1 WLR 730, changed divorce law. Married couples are only cohabiting if they are living with each other as husband and wife.
- Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27, concerning the recovery of pure economic lossPure economic lossEconomic loss refers to financial loss and damage suffered by a person such as can be seen only on a balance sheet rather than as physical injury to the person or destruction of property...
in negligenceNegligenceNegligence 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...
. - Jarvis v Swans Tours LtdJarvis v Swans Tours LtdJarvis v Swans Tours Ltd [1972] is an English contract law case on the measure of damages for disappointing breaches of contract.-Facts:Mr. Jarvis was a solicitor for Barking Council. He chose to go for Christmas holiday in Switzerland. He got a brochure from Swan Tours Ltd, which for Mörlialp,...
[1973] QB 233 - Lloyds Bank Ltd v BundyLloyds Bank Ltd v BundyLloyds Bank Ltd v Bundy [1974] is a landmark case in English contract law, on undue influence. It is remarkable for the judgment of Lord Denning MR who advanced that English law should adopt the approach developing in some American jurisdictions that all impairments of autonomy could be collected...
(1975) QB - Courtney and Fairbairn Ltd v Tolaini Brothers (Hotels) Ltd [1975] 1 All ER 716, a contract cannot have terms that are to be negotiated on at a later point.
- British Crane Hire Corporation Ltd v Ipswich Plant Hire LtdBritish Crane Hire Corporation Ltd v Ipswich Plant Hire LtdBritish Crane Hire Corporation Ltd v Ipswich Plant Hire Ltd [1973] is an English contract law case concerning-Facts:British Crane Hire Corporation Ltd and Ipswich Plant Hire Ltd carried on plant hire businesses. They had contracted with one another previously in February and October 1969, when a...
[1975] QB 303 - Liverpool City Council v IrwinLiverpool City Council v IrwinLiverpool City Council v Irwin [1976] is a leading English contract law case, concerning the basis on which courts may imply terms into contracts.-Facts:...
[1976] UKHL 1 - Anton Piller KG v Manufacturing Processes Limited [1976] Ch 5
- Rose v PlentyRose v PlentyRose v Plenty [1976] 1 WLR 141 is an English tort law case, on the issue of where an employee is acting within the course of their employment...
[1976] 1 WLR 141 - Miller v Jackson [1977] QB 966, that cricket was in the public interest and stray cricket balls were not a nuisance.
- Esso Petroleum Co Ltd v MardonEsso Petroleum Co Ltd v MardonEsso Petroleum Co Ltd v Mardon [1976] is an English contract law case, concerning misrepresentation. It holds that the divide between a statement of opinion and fact becomes more factual if one holds himself out as having expert knowledge.-Facts:...
[1976] QB 801, representations made by parties with expert knowledge and experience are warranties in a contract. - British Railways Board v Customs and Excise Comrs [1977] STC 221, [1977] 2 All ER 873, zero rating for VAT purposes is a question of law not fact.
- Parsons (Livestock) Ltd v Uttley Ingham & Co LtdParsons (Livestock) Ltd v Uttley Ingham & Co LtdParsons Ltd v Uttley Ingham & Co Ltd [1978] QB 791 is an English contract law case, concerning remoteness of damage. In it, the majority held that losses for breach of contract are recoverable if the type or kind of loss is a likely result of the breach of contract...
[1978] QB 791 - Butler Machine Tool Co Ltd v Ex-Cell-O Corp Ltd [1979] 1 All ER, battle of the forms case, where Denning argued the mirror image rule for offer and acceptance is outdated.
- Brikom Investments v Carr [1979]
- Quennell v Maltby [1979] WLR 318, asserted that equity conferred a wide, previously unrecognised, discretion to restrain the mortgagee from exercising the right to possession for purposes other than the protection or enforcement of his security.
- Photo Productions v Securicor Ltd [1980] All ER 556
- Ahmad v United Kingdom (1982) 4 EHRR 126
- Attorney General of New Zealand v Ortiz [1982] 3 WLR 570; [1982] 3 All ER 432, beautiful scene setting description of the Maori treasure at the heart of this case.
- Mandla v Dowell-Lee [1983] QB 1, saying that Sikh's were not a racial group under the Race Relations Act 1975, overturned by the House of Lords
- George Mitchell (Chesterhall) Ltd v Finney Lock Seeds LtdGeorge Mitchell (Chesterhall) Ltd v Finney Lock Seeds LtdGeorge Mitchell Ltd v Finney Lock Seeds Ltd [1982] , [1983] 2 AC 803 is a case on the sale of goods and exclusion clauses. It was decided under the Unfair Contract Terms Act 1977 and the Sale of Goods Act 1979.-Facts:...
[1982] 3 WLR 1036, classic opener with a quote from Lewis CarrollLewis CarrollCharles Lutwidge Dodgson , better known by the pseudonym Lewis Carroll , was an English author, mathematician, logician, Anglican deacon and photographer. His most famous writings are Alice's Adventures in Wonderland and its sequel Through the Looking-Glass, as well as the poems "The Hunting of the...
, later on is his infamous speech on the worship of the idol of "freedom of contractFreedom of contractFreedom of contract is the freedom of individuals and corporations to form contracts without government restrictions. This is opposed to government restrictions such as minimum wage, competition law, or price fixing...
". Seed merchants could not rely on damage limitation clause to just the cost of the seeds. This was Lord Denning's last published decision, delivered on 29 September 1982.
See also
- English contract lawEnglish contract lawEnglish contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...
- English tort lawEnglish tort lawEnglish tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
- English property lawEnglish property lawEnglish property law refers to the law of acquisition, sharing and protection of wealth in England and Wales. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property. The law of personal property is particularly important for...
- English trusts lawEnglish trusts lawEnglish trusts law is the original and foundational law of trusts in the world, and a unique contribution of English law to the legal system. Trusts are part of the law of property, and arise where one person gives assets English trusts law is the original and foundational law of trusts in the...