Lord Denning cases

This is a partial list of legal cases involving Lord Denning, who during his career delivered around 2000 reported judgments. After serving as a barrister, 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.

Counsel

*'' L'Estrange v F Graucob Ltd'' 9342 KB 394, establishes the doctrine of incorporation by signature
*'' Regal (Hastings) Ltd v Gulliver ''942UKHL 1; 1942 1 All ER 378; 9672 AC 134, trustees cannot make profit from office even when the opportunity is not available to their beneficiaries

High Court

*'' Fletcher v Fletcher'' 9451 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'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel while only a judge in the High Court.

Court of Appeal

*'' Olley v Marlborough Court Hotel'' 9491 KB 532, on incorporation of exclusion clauses in contract law.
*'' Metropolitan Borough and the Town Clerk of Lewisham v Roberts'' 9492 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'' 9501 KB 671, introducing equitable rescission for common mistake, whereby a contract may be voidable if both parties have made a common mistake as to a "fundamental" element of the contract
*'' Leaf v International Galleries'' 9502 KB 86, where significant time has lapsed between the making of the contract and the decision to rescind, the party wishing to rescind is barred from doing so (" laches")
*'' Curtis v Chemical Cleaning & Dyeing Co'' 9511 KB 805, established that the rule that a party is bound by the terms of a document which the party has signed will not apply where the signature was induced by misrepresentation, fraud, or in some cases of mistake.
*'' Candler v Crane, Christmas & Co'' 9512 KB 164, on negligent misstatement, later adopted by the House of Lords in '' Hedley Byrne v Heller''
*'' Errington v Wood'' (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".
*'' Hoenig v Isaacs'' 952EWCA Civ 6 i
*'' Frederick E Rose (London) Ltd v William H Pim Junior & Co Ltd'' 9532 QB 450, denying rectification for common mistake about the quality of horebeans under a contract of sale
*''Roe v Minister of Health'' 9542 All ER 131
*''Ladd v Marshall'' 954EWCA Civ 1
*'' Entores Ltd v Miles Far East Corporation'' 9552 All ER 493, decides that the "moment of acceptance" in a contract using a telex happens on the receiver's side.
*'' J Spurling Ltd v Bradshaw'' 9561 WLR 461

House of Lords

*''Scottish Co-operative Wholesale Society Ltd v Meyer'' 959AC 324, on the predecessor to unfair prejudice in UK company law
*'' Scruttons Ltd v Midland Silicones Ltd'' 962AC 446, dissenting over the privity of contract doctrine.
*'' Fairweather v St Marylebone Property Co Ltd'' 963AC 510 (decided 16 April 1962, the last case in the HL) concerning adverse possession

Master of the Rolls

*'' In re Smith'' or '' Barclays Bank Ltd v Mercantile Bank Ltd'' 9621 WLR 763, decided on 1 May 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'' 9632 QB 606, dissenting over a closed shop agreement and managers refusing to pay union fees
*'' Roles v Nathan'' 9631 WLR 1117, an occupiers' liability case on chimney sweeps.
*'' Letang v Cooper'' 9642 All ER 292
*'' D & C Builders Ltd v Rees'' 9652 QB 617, where there is an agreement for part payment of a debt in satisfaction of the whole, promissory estoppel does not apply if the agreement was brought by the duress of the party claiming estoppel
* '' Beswick v Beswick'' 966Ch 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 968AC 58).
* '' Morris v CW Martin & Sons Ltd'' 9661 QB 716
*'' Wheat v E Lacon & Co Ltd'' 9661 All ER 582; defines "occupier" for the purposes of Occupiers' Liability Act 1957.
*''Boardman v Phipps'' 966Ch 992, on the strict application of the no conflict of interest rule for trustees, affirmed by the House of Lords.
*''Anglo Continental Holidays Ltd v Typaldos Lines (London) Ltd'' 9672 Lloyd's Rep 61, ruled that a steamship line could not cite a clause in its passage contract to radically alter the substance and intent of the contract.
*'' Saunders v Anglia Building Society'' 9682 All ER 322, established a high threshold for the plea of ''non est factum'' and established that the burden of proof lies with the plaintiff to prove that he has not acted negligently
*'' Torquay Hotel Co Ltd v Cousins'' 9692 Ch 106, on the new economic tort of "interference with a contract"
*''Gould v Gould'' 9701 QB 275, dissenting on the idea that a husband's promise to help out his wife "as long as e isable" should be enforceable.
*'' Hinz v Berry'' 9702 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), a contract concluded in-person and under a unilateral mistake of identity was voidable, not void, and thus title in the sold goods passed to the purchaser and to subsequent third parties
*'' Thornton v Shoe Lane Parking Ltd'' 9712 QB 163, a case about the incorporation of terms by notice, famous for the opening line of Lord Denning MR's judgment: "Mr Thornton was a freelance trumpeter of the highest quality"
*'' Broome v Cassell & Co Ltd'' 9712 QB 354, compensatory damages. Led to strong rebuke by Lord Hailsham in the House of Lords.
*'' Nettleship v Weston'' 9713 All ER 581, a learner driver must exercise the skill of an experienced driver to avoid liability in negligence. Want of skill is not a defence to the breach of a duty of care.
*'' W. J. Alan & Co. v El Nasr Export & Import Co'' 9722 QB 189, on the principles of waiver and promissory estoppel
*'' Fuller v Fuller'' 9731 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'' 9731 QB 27, concerning the recovery of pure economic loss in negligence.
*''Jarvis v Swans Tours Ltd'' 973QB 233, recovery of damages for loss of amenity and mental distress is possible in certain cases
*'' Lloyds Bank Ltd v Bundy'' (1975) QB, the equitable doctrine of unconscionable bargain can prevent transactions where a weaker party was exploited
*'' Courtney and Fairbairn Ltd v Tolaini Brothers (Hotels) Ltd'' 9751 All ER 716, a contract cannot have terms that are to be negotiated at a later point.
*'' British Crane Hire Corporation Ltd v Ipswich Plant Hire Ltd'' 975QB 303
*'' Liverpool City Council v Irwin'' 976UKHL 1
*''Anton Piller KG v Manufacturing Processes Limited'' 976Ch 55
*'' Rose v Plenty'' 9761 WLR 141, decided the test for "in the course of employment" for an employer's vicarious liability
* '' Cehave v Bremer'', The Hansa Nord 976QB 44: Denning demonstrated mastery of Admiralty court law
*'' Esso Petroleum Co Ltd v Mardon'' 976QB 801, representations made by parties with expert knowledge and experience are warranties in a contract.
*
R v Secretary of State for the Home Department, ex parte
', Hosenball 9771 W.L.R. 766; 9773 All E.R. 452
*'' BBC v Hearn'' 977ICR 686
*''Miller v Jackson'' 977QB 966, playing cricket in the stadium was in the public interest and stray cricket balls flying onto the road were not a nuisance.
*'' British Railways Board v Customs and Excise Comrs'' 977STC 221, 9772 All ER 873, zero rating for VAT purposes is a question of law not fact.
* '' Gouriet v Union of Post Office Workers and Others'' 977CA, "Be ye never so high, the law is above you."
*'' Parsons (Livestock) Ltd v Uttley Ingham & Co Ltd'' 978QB 791
*'' Butler Machine Tool Co Ltd v Ex-Cell-O Corp Ltd'' 9791 All ER, battle of the forms case, where Denning argued the mirror image rule for offer and acceptance is outdated and the courts should be willing to look at the entirety of the parties' communications to ascertain the formation of a contract.
*'' Quennell v Maltby'' 979WLR 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.
*'' Science Research Council v. Nasse'' 979QB 144, comparison of Commission for Racial Equality to inquisition
*'' Photo Productions v Securicor Ltd'' 980All ER 556
*'' Ahmad v United Kingdom'' (1982) 4 EHRR 126
*'' Attorney General of New Zealand v Ortiz'' 9823 WLR 570; 9823 All ER 432, beautiful scene setting description of the Maori treasure at the heart of this case.
*'' Mandla v Dowell-Lee'' 983QB 1, saying that Sikhs were not a racial group under the Race Relations Act 1976, overturned by the House of Lords
*''George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd'' 9823 WLR 1036, classic opener with a quote from Lewis Carroll, later on is his famous speech on the worship of the idol of " freedom of contract". 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 law
*English tort law
*English property law
*English trusts law

References

{{DEFAULTSORT:List Of Cases Involving Lord Denning
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Denning
United Kingdom law-related lists