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 foundations series
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Tort law clear and easy to access without over-simplifying a complex area.’ Twelfth LAW OF
TORT
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LAW OF TORT
LAW OF TORT John Cooke
John Cooke
Twelfth Edition
Law of Tort, part of the Foundations Series, offers a comprehensive, clear and straightforward
account of the law ideal for LLB and GDL students.
This twelfth edition has been fully updated with all recent developments in tort law, including:
• A new chapter on the liability of the public authorities
• An explanation of the impact of the Defamation Act 2013
• An examination of significant recent cases, such as Lawrence and another v Fen Tigers Ltd
[2014] and Barr v Biffa Waste Services Ltd [2012].

ABOUT THE AUTHOR

John Cooke was formerly Professor of Common Law at Liverpool John Moores University.
He has had thirty years of teaching experience and has lectured and researched in Obligations
(contract/tort/restitution), Media Law and Medical Law. He has written widely in the field.

Cooke
foundations series

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 Law of Tort

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 foundations series
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 Twelfth Edition

Law of Tort

JOHN COOKE
Emeritus Professor of Common Law
Liverpool John Moores University

iii

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 Brief contents

Preface xv
Table of cases xvii
Table of statutes and other statutory material xxxiii
Acknowledgements xxxvii

Part 1 General principles of tort law 1

1 General principles 3

Part 2 The tort of negligence 31

2 General principles of negligence 33
3 Duty of care 43
4 Psychiatric damage 65
5 Economic loss 83
6 Liability for omissions and third parties 116
7 Liability of public authorities 124
8 Breach of duty and proof of negligence 148
9 Causation and remoteness of damage 166
10 Defences to negligence 206

Part 3 Specific areas of negligence and breach of statutory duty 231

11 Defective premises 233
12 Defective products 262
13 Breach of statutory duty 280
14 Employer’s liability 293
15 Medical negligence and related issues 304

Part 4 Torts based on land 329

16 Trespass to land 331
17 Nuisance 342
18 Rylands v Fletcher and liability for fire 377

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 BRIEF CONTENTS

Part 5 Miscellaneous torts 393

19 Liability for animals 395
20 Trespass to the person 407
21 Defamation 427
22 Privacy 478
23 Deceit, malicious falsehood and passing off 506

Part 6 Parties, defences and remedies 515

24 Vicarious liability 517
25 Joint and several liability 530
26 Limitation 535
27 General defences 543
28 Remedies 547

Glossary of terms 570

Index 572

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 Contents

Preface xv
Table of cases xvii
Table of statutes and other statutory material xxxiii
Acknowledgements xxxvii

Part 1 General principles of tort law

1 General principles 3
Introduction 3
What is a tort? 3
Elements of a tort 4
The interests protected 5
Fault and strict liability 9
Objectives of tort 12
Alternative systems of compensation 14
A compensation culture? 15
The boundaries of tort 17
Tort and crime 20
The position of minors 20
The Human Rights Act 1998 21
Human rights and tort law 25
Access to justice 25
Summary 26
Further reading 28

Part 2 The tort of negligence

2 General principles of negligence 33
Elements of the tort 33
History of negligence 34
The interests protected 36
Problem areas 37
Liability in contract and tort 39
Summary 42
Further reading 42

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 CONTENTS

3 Duty of care 43
Introduction 43
Historical development 44
Other tests 58
Conclusion 61
Summary 63
Further reading 64

4 Psychiatric damage 65
Introduction 65
Problems raised 66
The medical background and public scepticism 66
Historical development 68
Types of claim 69
Primary and secondary victims 69
Primary victims 70
Secondary victims 75
Conclusion 80
Summary 81
Further reading 82

5 Economic loss 83
Introduction 83
Arguments against the recovery of pure economic loss in negligence 84
Historical development 86
Development of the Hedley Byrne principle 88
Development of liability for economic loss outside the Hedley Byrne principle 98
The extended Hedley Byrne principle 104
Conclusions 108
A new matrix for economic loss? 110
Summary 114
Further reading 115

6 Liability for omissions and third parties 116

Introduction 116
Liability for omissions 116
Liability for the acts of third parties 121
Summary 123
Further reading 123

7 Liability of public authorities 124

Introduction 124
The framework for actions 126

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 CONTENTS

Human rights 131

The ‘education’ cases 139
Summary 146
Further reading 147

8 Breach of duty and proof of negligence 148

Introduction 148
The reasonable man test 149
Factors determining negligence 152
Proof of negligence 160
Summary 164
Further reading 165

9 Causation and remoteness of damage 166

Introduction 166
Factual causation 167
Remoteness of damage 188
Novus actus interveniens 196
Conclusion 200
Summary 204
Further reading 205

10 Defences to negligence 206

Introduction 206
Volenti non fit injuria 207
Contributory negligence 212
Ex turpi causa 221
The rescue cases 227
Summary 228
Further reading 229

Part 3 Specific areas of negligence and breach of

statutory duty

11 Defective premises 233

Introduction 233
Occupiers’ liability 233
Landlord’s liability 252
Builder’s liability 254
Question 259
Summary 260
Further reading 261

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 CONTENTS

12 Defective products 262

Introduction 262
Liability in contract 263
The negligence action 263
The narrow rule in Donoghue v Stevenson 264
Consumer Protection Act 1987 269
Compensation culture 277
Question 277
Summary 278
Further reading 279

13 Breach of statutory duty 280

Introduction 280
Does the statute give rise to an action for damages? 281
Was the duty owed to the claimant? 287
Breach of duty 287
Causation 289
Defences 290
Breach of statutory duty and negligence 290
European legislation 291
Summary 291
Further reading 292

14 Employer’s liability 293

Introduction 293
The employer’s personal duty of care 294
Defences 298
Question 302
Summary 303
Further reading 303

15 Medical negligence and related issues 304

Introduction 304
The battery action 306
The negligence action 315
Summary 326
Further reading 327

Part 4 Torts based on land

16 Trespass to land 331

Introduction 331
Forms of trespass to land 332
Title of the claimant 335

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 CONTENTS

Defences 336
Remedies 338
Summary 341
Further reading 341

17 Nuisance 342
Introduction 342
Statutory nuisances 344
Public nuisance 344
Private nuisance 347
Question 354
Nuisance and fault 362
Remedies 363
Defences 366
Question 367
Nuisance and human rights 369
Question 373
Summary 374
Further reading 375

18 Rylands v Fletcher and liability for fire 377

Introduction 377
The claimant’s case 379
Defences 385
The future of Rylands v Fletcher 388
Liability for fire 390
Summary 391
Further reading 392

Part 5 Miscellaneous torts

19 Liability for animals 395
Introduction 395
Dangerous and non-dangerous animals 396
Trespassing livestock 403
Special liability for dogs 405
Remoteness of damage 405
Summary 406
Further reading 406

20 Trespass to the person 407

Introduction 407
Battery 410
Assault 411

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 CONTENTS

Defences to assault and battery 412

False imprisonment 414
Intentional infliction of emotional or physical harm 419
Question 424
Summary 425
Further reading 426

21 Defamation 427
Introduction 427
Reform 428
Features of defamation 428
Damages 430
Libel and slander 432
The claimant’s case 433
Defamatory meaning 433
Reference to the claimant 438
Publication 440
Libel and internet publication 443
Defences 444
Truth ( justification) 445
Honest opinion 447
Absolute privilege 454
Qualified privilege 456
Remedies 470
Parties 471
Rehabilitation of Offenders Act 1974 471
Defamation and the Human Rights Act 1998 472
Question 474
Summary 475
Further reading 476

22 Privacy 478
Introduction 478
What is privacy? 479
The general principle 481
The position in English law 481
Case law and principles on privacy since the Human Rights Act 1998 487
Limits to protection 500
Remedies 501
Conclusions on privacy 503
Summary 503
Further reading 504

23 Deceit, malicious falsehood and passing off 506

Deceit 506
Malicious falsehood 509

xii

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 CONTENTS

Passing off 511

Summary 513
Further reading 513

Part 6 Parties, defences and remedies

24 Vicarious liability 517

Introduction 517
Justification for imposing vicarious liability 518
Who is an employee? 519
In the course of employment 522
The employer’s indemnity 526
Employers and independent contractors 526
Principal and agent 528
Conclusion 528
Summary 528
Further reading 529

25 Joint and several liability 530

Introduction 530
Successive actions 531
Contribution between tortfeasors 532
Summary 533
Further reading 534

26 Limitation 535
Introduction 535
Accrual of causes of action 536
Limitation periods 536
Defective buildings and latent damage 540
Miscellaneous limitation periods 541
Fraud or concealment 541
Summary 541
Further reading 542

27 General defences 543

Introduction 543
Mistake 543
Inevitable accident 545
Necessity 545
Summary 546

xiii

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 CONTENTS

28 Remedies 547
Introduction 547
Damages 547
Effect of death on an award of damages for personal injuries 561
Injunctions 565
Self-help 565
Question 565
Summary 567
Further reading 569

Glossary of terms 570

Index 572

xiv

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 Preface

The major area of change since the last edition has been defamation. The Defamation Act
2013 is now in force. Whether it will make a substantial difference to litigation in defama-
tion is still a matter of controversy. Perhaps the major legal innovations have yet to come
in the area of new technology. What was noticeable in the Leveson Report was that it
shone a spotlight on what is a fading and obsolete method of reporting, newspapers. The
more complex area of new technology must wait for another day.
Nuisance has also had a relatively lively period with decisions in Lawrence v Fen Tigers
and Barr v Biffa.
The structural change to the book is the addition of an extra chapter on Liability of
public authorities (Chapter 7). This topic was previously dealt with in the old Chapter 6.
The much litigated area of liability of the police in negligence has moved from Chapter 3
to the new Chapter 7.
Thanks go to the editorial and sales staff at Pearson for their great assistance.
My thanks go to my wife Joan for her support and to my former colleagues and students
at Liverpool John Moores University for everything they have taught me.
I have attempted to state the law as it was at 20 July 2014.

John Cooke
22 July 2014

xv

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A01_COOK2822_12_SE_FM.indd xvi 1/30/15 10:38 AM
 Table of cases

4 Eng Ltd v Harper [2008] EWHC 915 (Ch) 187, 508, Allason v Haines [1996] EMLR 143 455
513 Allen v Gulf Oil Refining Ltd [1981] 1 All ER 353 368,
371, 375
A (children) (conjoined twins: surgical separation), Allied Maples Group v Simmons & Simmons [1995]
Re [2001] Fam 147 311 All ER 907; [1995] 1 WLR 1602 186
A v B (a company) [2002] 2 All ER 545 491, 498 Allin v City & Hackney Health Authority [1996]
A v Hoare [2006] 1 WLR 2320 (CA); [2008] 2 All ER 7 Med LR 91 79
1 (HL) 420, 538, 539, 542 Allsop v Church of England Newspaper Ltd [1972]
A v Liverpool City Council [1981] 2 All ER 385; [1982] 2 QB 161 436
AC 363 286 Ancell v McDermott [1993] 4 All ER 355 130
A v National Blood Authority [2001] 3 All ER 289 269, Anchor Brewhouse Developments Ltd v Berkley House
271, 274, 276 (Dockland Developments) Ltd (1987) 38 BLR 82
AB v Ministry of Defence [2012] UKSC 9 539 334
AB v South West Water Services Ltd [1993] 1 All ER Anderson v Newham College of Further Education
609 549, 550, 551 [2003] ICR 212 217
AB v Thameside & Glossop Health Authority [1997] Anderson v Oppenheimer (1880) 5 QBD 602 380
8 Med LR 91 79 Andreae v Selfridge & Co Ltd [1938] Ch 1 359
AK (adult patient) (medical treatment: consent), Andrews v Schooling [1991] 3 All ER 723 256
Re [2001] 1 FLR 129 308 Aneco Reinsurance Underwriting Ltd (In Liquidation)
Abouzaid v Mothercare (UK) Ltd [2000] EWCA Civ v Johnson & Higgins [2002] 1 Lloyd’s Rep 157 94
348; [2000] All ER (D) 2436 (Dec) 271, 276 Angel v H Bushel Ltd [1968] 1 QB 813 470
Acton v Graham Pearce [1997] 3 All ER 909 56 Anns v Merton London Borough Council [1978]
Addie v Dumbreck Collieries [1929] AC 358 244 AC 728 45–7, 51, 63, 100, 103, 256, 257
Admiralty Comrs v SS Volute [1922] 2 AC 242 218 Archer v Brown [1984] 2 All ER 267 551, 567
Airedale NHS Trust v Bland [1993] 1 All ER 821 24, Argyll (Duchess) v Duke of Argyll [1967] Ch 302 485
307, 326 Arthur v Anker [1996] 2 WLR 602 339
Ajinomoto Sweeteners Europe SAS v Asda Stores Ltd Ashley v Chief Constable of Sussex Police [2007]
[2009] EWHC 1717 (QB); [2010] QB 204; [2010] 1 WLR 398 (CA); [2008] UKHL 25; [2008]
2 All ER 311 510 3 All ER 573 (HL) 20, 408, 413, 544, 545
Alcoa Minerals of Jamaica Inc v Broderick [2000] Ashton v Turner [1981] QB 137 225, 226, 566
3 WLR 23 195 Associated Provincial Picture Houses Ltd v
Alcock v Chief Constable of the South Yorkshire Wednesbury Corpn [1948] 1 KB 223 128, 130
Police [1991] 4 All ER 907 (HL); affirming [1991] Aswan Engineering Establishment Co v Lupdine Ltd
3 All ER 88 (CA); reversing in part [1992] 1 AC 310 [1987] 1 All ER 135 268
(QBD) 62, 69, 73, 77–9, 81, 82, 300 Atkinson v Newcastle Waterworks Co (1877)
Alexandrou v Oxford [1993] 4 All ER 328 52, 128–30, 2 ExD 441 282
135 Attia v British Gas plc [1987] 3 All ER 455 65, 80
Aliakmon, The. See Leigh & Sillavan Ltd v Aliakmon Attorney General v Cory Brothers & Co Ltd [1921]
Shipping Co Ltd 1 AC 521 380, 389
Alker v Collingwood Housing Association [2007] Attorney General v Guardian Newspapers (No 2)
1 WLR 2230 253 (Spycatcher case) [1990] 1 AC 109 486

xvii

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 TABLE OF CASES

Attorney General v PYA Quarries Ltd [1957] 2 QB 169 Bisset v Wilkinson [1927] AC 177 507
344, 374 Blake v Barnard (1840) 9 C&P 626 412
Attorney General v Times Newspapers [1973] QB 710 Blake v Galloway [2004] 3 All ER 315 208
268 Blyth v Birmingham Waterworks Co (1856) 11 Ex 781
Austin v Metropolitan Police Commissioner [2009] 149
UKHL 5; [2009] 2 WLR 372; [2009] 3 All ER 455 Blyth v Bloomsbury Health Authority (1987) 5 PN 167
(HL); affirming [2008] 1 All ER 564; [2007] 322
EWCA Civ 989 (CA); affirming [2005] EWHC 480 Bocardo SA v Star Energy UK Onshore Ltd [2010]
(QB) (QBD) 414, 417 UKSC 35 335
Bogle v McDonald’s Restaurants Ltd [2002] EWHC
B (adult: refusal of medical treatment), Re [2002] 490 277
2 All ER 449 308 Bolam v Friern Hospital Management Committee
Badger v Ministry of Defence [2006] 3 All ER 173 215 [1957] 2 All ER 118; [1957] 1 WLR 582 85, 154, 155,
Bailey v Ministry of Defence [2008] EWCA Civ 883 308, 309, 316–19, 321, 322, 326
170, 184, 187, 323, 326 Bolitho v City and Hackney Health Authority [1997]
Baker v T E Hopkins & Son Ltd [1959] 1 WLR 966 211, 3 WLR 1151 154, 155, 171, 317, 319, 322, 324, 326,
228 327
Baker v Willoughby [1970] AC 467 180, 181, 204 Bollinger (J) v Costa Brava Wine Co Ltd [1960] Ch 262
Banque Bruxelles Lambert SA v Eagle Star Insurance 512
Co Ltd [1995] 2 All ER 769 93, 193 Bolton v Stone [1951] 1 All ER 1078; [1951] AC 850
Barber v Somerset County Council [2004] 2 All ER 385 156, 158, 159, 248, 346, 359
299–300 Bone v Seale [1975] 1 All ER 787; [1975] 1 WLR 797
Barclays Bank plc v Fairclough Building Ltd [1995] 365
1 All ER 289 214 Bonnard v Perryman [1891] 2 Ch 269 471
Barker v Corus UK Ltd [2006] 3 All ER 785 8, 173–5, Bonnick v Morris [2003] 1 AC 300 462
177, 178, 533 Bonnington Castings Ltd v Wardlaw [1956] AC 613
Barkway v South Wales Transport Co Ltd [1950] 170
1 All ER 392 162 Bookbinder v Tebbitt [1989] 1 All ER 1169 447
Barnes v Lucille Ltd (1907) 96 LT 680 399 Bourhill v Young [1943] AC 92 49, 62, 63
Barnett v Chelsea and Kensington Hospital Bowater v Rowley Regis Corp [1944] KB 476 208
Management Committee [1969] 1 QB 428 168 Bower v Peate (1876) 1 QBD 321 351
Barr v Biffa Waste Services Ltd [2012] EWCA Civ 312; Bowlt v Clark [2006] All ER (D) 295 (Jun) 400
[2012] 3 All ER 380 xv, 358 Boyle v Kodak [1969] 1 WLR 661 290
Barrett v Enfield London Borough Council [1999] Boyton v Willment Bros Ltd (1971) (unreported) 302
3 All ER 193; [1999] 3 WLR 79 23, 53, 54, 143 Bradford Corp v Pickles [1895] AC 587 10, 27, 360
Barrett v Ministry of Defence [1995] 3 All ER 86 120, Breeden v Lampard 21 March 1985 (unreported) 399
131, 142, 209 Brice v Brown [1984] 1 All ER 997 80
Basely v Clarkson (1681) 3 Lev 37 322 Bridlington Relay Co v Yorkshire Electricity Board
Batty v Metropolitan Realisations Ltd [1978] QB 554 [1965] Ch 436 359, 360
39 Bristol & West Building Society v Fancy & Jackson
Baturina v Times Newspapers [2011] EWCA Civ 308 [1997] 4 All ER 582 186, 214
437 Bristol & West Building Society v Mothew [1996]
Bayoumi v Protim Services Ltd [1996] EGCS 187 256 4 All ER 698 185, 186
Behrens v Bertram Mills Circus [1957] 2 QB 1 396 British Celanese v A H Hunt [1969] 1 WLR 959 381
Bellew v Cement Co Ltd [1948] IR 61 361 British Chiropractic Association v Singh [2010]
Benjamin v Storr (1874) LRCP 400 346 EWCA Civ 350 453
Bernstein (Lord) v Skyviews & General Ltd [1978] British Railways Board v Herrington [1972] 1 All ER
QB 479 334 748; [1972] AC 877 244, 249
Berry v Humm & Co [1915] 1 KB 627 562 Brooke v Bool [1928] 2 KB 578 530
Bhamra v Dubb [2010] EWCA Civ 13 49 Brooks v Metropolitan Police Commissioner [2005]
Bird v Jones (1845) 7 QB 742 414 2 All ER 489 135, 138

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 TABLE OF CASES

Brown v KMR Services [1995] 4 All ER 598 185, 193 Caparo Industries plc v Dickman [1990] 2 AC 605;
Brown v Ministry of Defence [2006] All ER (D) 133 [1990] 1 All ER 568 47, 48, 50, 60, 61, 63, 91, 94–6,
(May) 557 97, 115, 144
Brown v Rolls-Royce Ltd [1960] 1 WLR 210 153 Capital & Counties Bank Ltd v Henty (1882)
Brown of Madingly (Lord) v Associated Newspapers 7 App Cas 741 435
Ltd [2007] 3 WLR 289 (HL); affirming [2007] Capital & Counties plc v Hampshire County Council
EWHC 202 (QB); [2007] All ER (D) 11 (May) (QBD) [1997] QB 1004; [1997] 2 All ER 865 52, 53, 56,
499 128, 129, 130, 144
Bryanstone Finance Co Ltd v de Vries [1975] 2 All ER Carmarthenshire County Council v Lewis [1955]
609 459 1 All ER 565 121
Bull v Devon AHA [1993] 4 Med LR 117 315 Carslogie Steamship Co v Royal Norwegian
Bunker v Charles Brand & Son Ltd [1969] 2 QB 480 235 Government (The Carslogie) [1952] AC 292 198,
Bunt v Tilley [2006] 3 All ER 336 442 205
Burnie Port Authority v General Jones Pty Ltd (1994) Carstairs v Taylor (1871) LR 6 Ex 217 380
120 ALR 42 379, 388 Cartledge v E Jobling & Sons Ltd [1963] AC 758 537
Burstein v Associated Newspapers Ltd [2007] 4 All ER Carty v Croydon London Borough Council [2005]
319 452 2 All ER 517 153
Butterfield v Forrester (1809) 11 East 60 213 Cassell & Co Ltd v Broome [1972] AC 1027 470, 549
Byrne v Deane [1937] 1 KB 818 437, 440 Cassidy v Daily Mirror Newspapers Ltd [1929]
2 KB 331 437
C (a child) (HIV testing), Re [2000] Fain 48 311 Cassidy v Ministry of Health [1951] 2 KB 343 315, 320
C v D [2006] EWHC 166 (QB); [2006] All ER (D) 329 Castle v St Augustine’s Links (1922) 38 TLR 615 345,
(Feb) 420 373
CJD Litigation: Group B Plantiffs v Medical Research Caswell v Powell Duffryn Associated Collieries Ltd
Council [2000] Lloyd’s Rep Med 161 75 [1940] AC 152 217
Cadbury-Schweppes Pty Ltd v Pub Squash Co Pty Ltd Cattle v Stockton Waterworks Co (1875) LR 10 QB 453
[1981] 1 WLR 193 512 86, 114
Calgarth, The [1927] P 93 237, 245 Cavalier v Pope [1906] AC 428 252, 261
Caltex Oil (Australia) Pty Ltd v The Dredge Century Insurance Co v Northern Ireland Road
Willemstad (1976) 136 CLR 529 103, 112 Transport Board [1942] AC 509 523
Calvert v William Hill Credit Ltd [2008] All ER (D) 170 Chadwick v British Railways Board [1967] 1 WLR 912
(Mar); [2008] EWHC 454 (Ch); [2008] EWCA Civ 68, 73, 227
1427 (CA) 113 Chapman v Lord Ellesmere [1932] 2 KB 431 445
Cambridge Water Co v Eastern Counties Leatherwork Charing Cross Electricity Co v Hydraulic Co [1914]
plc [1994] 1 All ER 53; [1994] 2 AC 264 351, 363, 3 KB 772 388
373, 374, 377–82, 384, 389–92 Charleston v News Group Newspapers [1995] 2 All ER
Campbell v Mirror Group Newspapers [2002] All ER 313 434
(D) 448 (Mar) (QB); [2003] 1 All ER 224 (CA); Charman v Orion Publishing Group Ltd [2008]
[2004] 2 All ER 995 (HL) 489, 491, 493, 497, 501, 1 All ER 750 467
503 Chatterton v Gerson [1981] QB 432 307
Campbell v Mirror Group Newspapers (No 2) [2005] Chaudhry v Prabhaker [1988] 3 All ER 718 89
4 All ER 793 430, 481 Cheng Albert v Tse Wai Chun Paul (Final appeal (civil)
Campbell v Newsgroup Newspapers [2002] All ER (D) no 12 of 2000) (2000) 10 BHRC 525, HK CFA 451
513 (Jul) 430, 470 Chester v Afshar [2005] 1 AC 134; [2004] 4 All ER 587
Canadian National Railway Co v Norsk Pacific (HL); [2002] 3 All ER 552 (CA) 178, 180, 323,
Steamship Co [1992] 1 SCR 1021 103, 112 325–7
Candler v Crane, Christmas & Co [1951] 2 KB 164 Chic Fashions (West Wales) Ltd v Jones [1968]
86, 96 2 QB 299 334
Candlewood Navigation Corp Ltd v Mitsui OSK Lines Chipchase v British Titan Products Co Ltd [1956]
Ltd (The Mineral Transporter) [1986] 1 AC 1 101 1 QB 545 288
Canterbury v Spence (1972) 464 F 2d 772 321 Christie v Davey [1893] 1 Ch 316 10, 27, 361

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Church of Jesus Christ of Latter Day Saints (Great Customs and Excise Commissioners v Barclays Bank
Britain) v West Yorkshire Fire and Civil Defence plc [2006] 4 All ER 256 60, 91, 107, 115
Authority [1997] 2 All ER 865 52, 53, 56, 128, 129 Cutler v United Dairies [1933] 2 KB 297 227
Church of Scientology of California v Johnson-Smith Cutler v Wandsworth Stadium [1949] AC 398; [1949]
[1972] 1 QB 522 455 1 All ER 544 284
Cinnamond v British Airports Authority [1980]
2 All ER 368 334 D v East Berkshire Community Health NHS Trust; K
Claimants appearing on the Register of the Corby and another v Dewsbury Healthcare NHS Trust; K
Group Litigation v Corby Borough Council [2008] and another v Oldham NHS Trust [2003] 4 All ER
EWCA Civ 463; [2009] QB 335 346 796 (CA); [2005] 2 All ER 443 (HL) 55, 131, 139,
Clift v Slough BC [2010] EWCA 1484 460 142, 285
Clunis v Camden and Islington Health Authority D & F Estates Ltd v Church Commissioners for
[1998] 3 All ER 180 203, 204, 223, 224 England [1988] 2 All ER 992 100, 101, 256–8, 261
Cocks v Thanet District Council [1983] 2 AC 286 283 DP and another v United Kingdom [2002] 3 FCR 385
Coco v AN Clarke (Engineers) Ltd [1968] FSR 415 485 131
Collins v Wilcock [1984] 3 All ER 374 410, 411 DPP v Jones [1999] 2 All ER 257 333
Coltman v Bibby Tankers Ltd [1988] AC 276 296 Daborn v Bath Tramways [1946] 2 All ER 333 157
Colvilles v Devine [1969] 1 WLR 475 163 Dann v Hamilton [1939] 1 KB 509 208, 210–12
Commission of the European Communities v UK Darby v National Trust [2001] PIQR P372 158, 238,
[1997] All ER (EC) 481 276 247
Condon v Basi [1985] 2 All ER 453 208 Davie v New Merton Board Mills Ltd [1959] AC 604
Connor v Surrey County Council [2010] EWCA Civ 296
286 127, 145 Davies v Davies [1975] QB 172 405
Consorzio del Proscuitto di Parma v Marks & Spencer Davies v Mann (1842) 10 M&W 546 213
plc [1991] RPC 351 511 Davies v Powell Duffryn Collieries Ltd [1942] AC 601
Conway v George Wimpey & Co Ltd [1951] 2 KB 266 562
523 Davies v Swan Motor Co (Swansea) Ltd [1949] 2 KB
Co-operative Group (CWS) Ltd v Pritchard [2011] 291 215
EWCA Civ 329; [2012] 1 All ER 205 214, 414 Daw v Intel [2007] 2 All ER 126 300
Cook v Alexander [1974] QB 279 457 De Beers Abrasive Products Ltd v International
Cook v Lewis [1952] 1 DLR 1 179 General Electric Co of New York [1975] 1 WLR 972
Cook v Square D Ltd [1992] ICR 262 297 510
Cooke v United Bristol Healthcare NHS Trust [2004] Defreitas v O’Brien [1995] 6 Med LR 108 318
1 All ER 797 556 Delaney v Pickett [2011] EWCA Civ 1532; [2012]
Cope v Sharp [1912] 1 KB 496 337 1 WLR 2149 222
Corr (administratrix of Corr decd) v IBC Vehicles Ltd Delaware Mansions Ltd v Westminster City Council
[2006] 2 All ER 929 (CA); [2008] UKHL 13; [2008] [2002] 1 AC 321 352, 366
2 WLR 499; [2008] 2 All ER 943 (HL) 201, 223, 566 Dennis v Ministry of Defence [2003] EWHC 793 (QB);
Costello v Chief Constable of Northumbria Police [2003] All ER (D) 300 (Apr) 361, 365, 560
[1999] 1 All ER 550 135 Derbyshire County Council v Times Newspapers Ltd
Cotton v Derbyshire Dales District Council (1994) [1993] AC 534 471–3, 488
Times, 20 June 243 Derry v Peek (1889) 14 App Cas 337 86, 87, 507
Credit Lyonnais Bank Nederland NV v Export Credits Dickins v O2 plc [2008] EWCA Civ 1144 301
Guarantee Dept [1999] 1 All ER 929 526 Dixon v Were [2004] EWHC 2273 (QB); [2004]
Crofter Hand Woven Harris Tweed Co Ltd v Veitch All ER (D) 356 (Oct) 555, 556
[1942] AC 435 11 Dobson v Thames Water Utilities Ltd (Water Services
Croke v Wiseman [1981] 3 All ER 852 557 Regulation Authority (Ofwat) intervening) [2009]
Cummings v Grainger [1977] QB 397; [1977] 1 All ER EWCA Civ 28; [2008] 2 All ER 362 350, 366, 369,
104 398, 403 371, 372, 560
Curistan v Times Newspapers [2007] 4 All ER 486 458 Donoghue v Folkestone Properties Ltd [2003] 3 All ER
Curtis v Betts [1990] 1 WLR 459 397–9 1101 248

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Donoghue v Stevenson [1932] AC 562 34, 35, 44, 45, Fairchild v Glenhaven Funeral Services Ltd [2002]
47, 63, 83, 84, 99, 116, 262–9, 278 1 WLR 1052 (CA); [2003] 1 AC 32; [2002] 3 All ER
Dooley v Cammell Laird & Co Ltd [1951] 1 Lloyd’s 305 (HL) 168–70, 172–7, 179, 180, 183, 197, 204,
Rep 271 68, 74, 75 205, 235, 324, 325, 533
Doughty v Turner Manufacturing Co Ltd [1964] Farrell v Avon Health Authority [2001] Lloyd’s Rep
1 QB 518 190 Med 458 75
Douglas v Hello! Ltd [2001] QB 967; [2001] 2 WLR 992 Farrell v Merton, Sutton and Wandsworth Hospital
487, 492 (2000) 57 BMLR 158 75, 79
Douglas v Hello! Ltd (No 3) [2005] 4 All ER 128 497 Ferguson v British Gas Trading Ltd [2009] EWCA Civ
Douglas v Hello! Ltd (Nos 5 and 6) [2006] QB 125 492 46 423
Dove v Banhams Patent Locks [1983] 1 WLR 1436 536 Ferguson v Welsh [1987] 3 All ER 777 237
Downs v Chappell [1996] 3 All ER 344 185 Fitzgerald v Lane [1989] AC 328; [1987] 2 All ER 455
Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158 196, 179, 220, 533
508 Flood v Times Newspapers [2012] UKSC 11; [2012]
Draper v Hodder [1972] 2 QB 556 395 4 All ER 913 (SC); reversing [2010] EWCA Civ 804
Dubai Aluminium Co Ltd v Salaam [2003] 2 AC 366 (CA), reversing [2009] EWHC 2375 (QB) 458, 465–8
519, 522, 525, 526 Fowler v Lanning [1959] 1 QB 426 409
Dulieu v White & Sons [1901] 2 KB 669 68, 71 French v Chief Constable of Sussex [2006] EWCA Civ
Dunne v North Western Gas Board [1964] 2 QB 806 312; [2006] All ER (D) 407 (Mar) 300
386 Fritz v Hobson (1880) 14 Ch D 542 346
Dymond v Pearce [1972] 1 QB 497 347 Froggatt v Chesterfield & North Derbyshire Royal
Hospital NHS Trust [2002] All ER (D) 218 (Dec) 80
EEPTU v Times Newspapers Ltd [1980] 1 All ER 1097 Froom v Butcher [1976] QB 286 216
471 Fytche v Wincanton Logistics plc [2004] 4 All ER 221
E v Dorset County Council, See X (minors) v 288
Bedfordshire County Council
E v English Province of Our Lady of Charity [2011] GKR Karate (UK) Ltd v Yorkshire Post Ltd [2000]
EWHC 2871 518 1 WLR 2571 463
Easson v London & North Eastern Railway [1944] Galli-Atkinson v Seghal [2003] EWCA Civ 697; [2003]
1 KB 421 161 All ER (D) 341 (Mar) 78
Eastern and SA Telegraph Co Ltd v Cape Town Galoo Ltd v Bright Grahame Murray [1995] 1 All ER
Tramways Co Ltd [1902] AC 381 387 16 97, 184, 185, 205
Elguzouli-Daf v Commissioner of Police for the Garden Cottage Foods Ltd v Milk Marketing Board
Metropolis [1995] QB 335 130 [1984] AC 130 291
Elias v Pasmore [1934] 2 KB 164 333 Gee v Metropolitan Railway (1873) LR 8 QB 161
Ellison v Ministry of Defence (1997) 81 BLR 101 161
379, 381 General Cleaning Contractors v Christmas [1953] AC
Entick v Carrington (1765) 19 State Trials 1029 332 180 241, 297
Esso Petroleum Co Ltd v Mardon [1976] QB 801 Gillick v West Norfolk & Wisbech Area Health
39, 89, 507 Authority [1986] AC 112 311–13, 326
Esso Petroleum Co Ltd v Southport Corp [1956] Ginty v Belmont Building Supplies Ltd [1959]
AC 218 331 1 All ER 414 290, 302
Evans v Kosmar Villa Holidays [2008] 1 All ER 530 239 Glasgow Corp v Muir [1943] AC 448 152
Evans v Triplex Glass Co Ltd [1936] 1 All ER 283 266 Glasgow Corp v Taylor [1922] 1 AC 44 239, 260
Even Warnink BV v Townend & Sons (Hull) Ltd [1979] Glass v Cambridge Health Authority [1995] 6 Med LR
AC 731 511, 513 91 320
Glass v United Kingdom [2004] 39 EHRR 15 311
F v West Berkshire Health Authority [1989] Gloster v Chief Constable of Greater Manchester
2 All ER 545 309, 312, 326, 337, 411, 425, 545 Police [2000] PIQR 114 398
Fagan v Metropolitan Police Commissioner [1969] Godfrey v Demon Internet [1999] 4 All ER 342 456,
1 QB 439 410 442

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Gold v Haringey Health Authority [1987] 2 All ER 888 Hall v Holker Estate [2008] EWCA Civ 1422 164
322 Hall v Simons [2000] 3 All ER 673 54, 55, 64
Goldman v Hargrave [1966] 2 All ER 989; [1967] Halsey v Milton Keynes General NHS Trust [2004]
1 AC 645 117, 123, 351, 353, 373, 375, 379 EWCA Civ 576; [2004] 4 All ER 920 180
Goldsmith v Bhoyrul [1997] 4 All ER 286 471 Hambrook v Stokes Bros [1925] 1 KB 141 68
Goodwill v British Pregnancy Advisory Service [1996] Hamilton v Al Fayed [2000] 2 All ER 224 455
1 WLR 1397 106 Harris v Birkenhead Corp [1976] 1 WLR 279 234
Gore v Stannard [2012] EWCA Civ 1248; [2013] Harris v James (1876) 45 LJQB 545 354
1 All ER 694 391 Harrison v British Rail Board [1981] 3 All ER 679 228
Gorringe v Calderdale Metropolitan Borough Council Hartley v Mayoh & Co [1954] 1 QB 383 287
[2004] 2 All ER 326 118, 126, 127 Hartman v South Essex Mental Health and
Gorris v Scott (1874) 9 LR Exch 125 287 Community Care NHS Trust [2005] IRLR 293 300
Gough v Thorne [1966] 1 WLR 1387 216 Haseldine v Daw [1941] 2 KB 343 242
Gran Gelato v Richcliff Ltd [1992] 1 All ER 865 105 Hatton v Sutherland [2002] EWCA Civ 76; [2002]
Grant v Australian Knitting Mills Ltd [1936] AC 85 2 All ER 1 74, 301
265, 266 Hatton v United Kingdom (2003) 37 EHRR 611; [2003]
Gravil v Carroll [2008] EWCA Civ 689; [2008] All ER All ER (D) 122 (Jul) 299, 300, 370
(D) 234 ( Jun) 525 Hawley v Luminar Leisure Ltd [2006] All ER (D)
Gray v Thames Trains Ltd [2009] UKHL 33; [2009] 158 ( Jan) 521
4 All ER 81 203, 204, 222, 223, 226, 229 Hay v Hughes [1975] QB 790 562
Greater Nottingham Co-operative Society v Hayden v Hayden [1992] 4 All ER 681 563, 564
Cementation Piling & Foundations Ltd [1988] Haynes v Harwood [1935] 1 KB 146 117, 122, 227
2 All ER 971 98 Hayward v Thompson [1981] 3 WLR 471 438, 439
Greatorex v Greatorex [2000] 4 All ER 769 74 Heaton v Axa Equity & Law Assurance Society Ltd
Green v Chelsea Waterworks Co (1894) 70 LT 547 388 [2002] 2 All ER 961 531
Greene v Associated Newspapers [2005] QB 972 471 Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964]
Greenhalgh v British Railways Board [1969] 2 QB 286 AC 465; [1963] 2 All ER 575 39, 41, 45, 47, 57, 58,
236 59, 80, 87–91, 98–101, 104–9, 114, 115, 256, 507
Greenock Corpn v Caledonian Railway [1917] Heil v Rankin [2000] 2 WLR 1173 558, 559, 569
AC 556 387 Hellewell v Chief Constable of Derbyshire [1995]
Gregg v Scott [2005] 2 AC 176; [2005] 4 All ER 812 1 WLR 804 486
169, 176, 183, 184, 187, 205, 324 Hemmens v Wilson Browne [1993] 4 All ER 826
Griffiths v Arch Engineering Co [1968] 3 All ER 217 52, 338
266, 267 Hemmings v Stoke Poges Golf Club [1920] 1 KB 720
Grobbelaar v News Group Newspapers Ltd [2002] 338
1 WLR 3024; [2001] 2 All ER 437 431, 462, 463, 549 Henderson v H E Jenkins & Sons [1970] AC 282 164
Group B Plaintiffs v Medical Research, See CJD Henderson v Merrett Syndicates Ltd [1994] 3 All ER
Litigation 506; [1995] 2 AC 145 42, 47, 59, 90, 106, 108–10,
Groves v Lord Wimborne [1898] 2 QB 402 282, 286, 115, 144
293 Herd v Weardale Steel Coal & Coke Co Ltd [1915]
Guardian News and Media Ltd, Re [2010] UKSC 1 500 AC 67 416, 425, 426
Guzzardi v Italy (Application No 7367/76) (1980) Herring v Boyle (1834) 1 Cr M&R 377 416
3 EHRR 333, ECtHR 417 Hevican v Ruane [1991] 3 All ER 65 77
Gwilliam v West Hertfordshire Hospital NHS Trust Hewison v Meridian Shipping PTE and others [2002]
[2002] 3 WLR 1425 242 EWCA Civ 1821; [2003] ICR 766 226
Hey v Moorhouse (1839) 6 Bing NC 52 333
Hague v Deputy Governor of Parkhurst Prison; Hickman v Maisey [1900] 1 QB 752 332, 333
Weldon v Home Office [1991] 3 All ER 733; [1992] Higgs v Foster [2004] EWCA Civ 843; [2004] All ER (D)
1 AC 58 415 21 ( Jul) 249
Hale v Jennings Bros [1938] 1 All ER 579 386, 387 Hilder v Associated Portland Cement Manufacturers
Haley v London Electricity Board [1965] AC 778 49, 156 Ltd [1961] 1 WLR 1434 156

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Hill v Chief Constable of West Yorkshire Police [1988] J (a minor), Re [1992] 2 FLR 165 314
2 All ER 238 54, 130, 133, 135, 138 JEB Fasteners v Marks Bloom & Co [1983] 1 All ER 583
Hinz v Berry [1970] 2 QB 40 559 95
Holbeck Hall Hotel v Scarborough Borough Council JT (adult: refusal of medical treatment), Re [1998]
[2000] 2 All ER 705 352, 375 1 FLR 48 314
Holden v White [1982] 2 WLR 1030 236 Jaensch v Coffey (1984) 54 ALR 417 77, 78
Hollywood Silver Fox Farm v Emmett [1936] 2 KB 468 Jagger v Darling [2005] EWHC 683 (Ch) 497
362 Jameel v Dow Jones & Co [2005] EWCA Civ 75 429
Holmes v Wilson (1839) 10 A & E 503 333 Jameel v Wall Street Journal Europe SPRL [2007] 1 AC
Holt v Payne Skillington [1996] PNLR 179 41 359; [2006] 4 All ER 1279; [2006] 3 WLR 642, (HL),
Holtby v Brigham & Cowan (Hull) Ltd [2000] 3 All ER reversing [2005] 4 All ER 356 (CA), affirming [2003]
421 170, 187 EWHC 2945 (QB), [2004] 2 All ER 92, QBD 429,
Home Office v Dorset Yacht Co Ltd [1970] 2 All ER 294 462, 463, 465, 466, 468, 473, 498
47, 117, 121, 122, 128, 134, 141, 196, 200 James McNaughten Paper Group Ltd v Hicks
Hone v Six Counties Retail Ltd [2006] IRLR 49 301 Anderson & Co [1991] 1 All ER 134 96
Horrocks v Lowe [1974] 2 WLR 282 469 Jameson v Central Electricity Generating Board [1999]
Hotson v East Berkshire Area Health Authority [1987] 2 WLR 141 531
2 All ER 909; [1987] AC 750 174, 182, 184, 205, 324 Jan de Nul (UK) Ltd v AXA Royale Beige SA [2002]
Housecroft v Burnett [1986] 1 All ER 332 558 1 All ER (Comm) 767 366
Howard Marine Dredging Co v Ogden & Sons [1978] Janvier v Sweeney [1919] 2 KB 316 419, 421
QB 574 89 Jaundrill v Gillet (1996) Times, 30 January 400
Hucks v Cole (1968) 112 Sol Jo 483 318 Jayes v IMI (Kynoch) Ltd [1985] ICR 155 217, 220
Hudson v Ridge Manufacturing Co Ltd [1957] Jebson v Ministry of Defence [2000] 1 WLR 2055 120
2 QB 348 295, 303 Jeynes v News Magazines Ltd [2008] EWCA Civ 130
Hughes v Lord Advocate [1963] AC 837 190, 191, 205, 435
240 Jobling v Associated Dairies Ltd [1982] AC 794 180,
Hughes v National Union of Mineworkers [1991] 181, 204
4 All ER 355 130 John Monroe (Acrylics) Ltd v London Fire and Civil
Hulton & Co v Jones [1910] AC 20 438 Defence Authority [1997] 2 All ER 865 52, 53, 56,
Hunt v Severs [1994] 2 All ER 385 558, 568 129
Hunter v British Coal Corp [1998] 2 All ER 97 70, 71 John Summers and Sons Ltd v Frost [1955] AC 740 288
Hunter v Canary Wharf Ltd [1996] 1 All ER 482 (CA); John v MGN Ltd [1996] EMLR 229 431, 473
[1997] AC 655; [1997] 2 All ER 426 (HA) 345, 346, Johnson v BJW Property Developments Ltd [2002]
348, 350, 356, 359, 360, 365, 372, 373, 374, 375, 3 All ER 574 390
384, 420, 421 Johnson v Coventry Churchill International Ltd
Hunter v Chief Constable of West Midlands [1981] [1992] 3 All ER 14 297
3 All ER 727 55 Johnstone v Bloomsbury Health Authority [1991]
Hurley v Dyke [1979] RTR 265 265 2 All ER 293 40
Hurst v Picture Theatres Ltd [1915] 1 KB 1 336 Jolley v Sutton London Borough Council [1998]
Hussain v Lancaster City Council [1999] 4 All ER 125 355 3 All ER 559; [1998] 1 WLR 1546 (CA); [2000]
Huth v Huth [1915] 3 KB 32 441, 475 3 All ER 409; [2000] 1 WLR 1082 (HL) 159, 191,
240, 248
ICI Ltd v Shatwell [1965] AC 656 209, 210, 290 Jones v Boyce (1816) 171 ER 540 152, 217
Innes v Wylie (1844) 1 Car & Kir 257 412 Jones v Ruth [2011] EWCA Civ 804; [2012] 1 WLR
Inverugie Investments Ltd v Hackett [1995] 1495 423
1 WLR 713 (HL) 338 Jones v Livox Quarries Ltd [1952] 2 QB 608 223, 226
Iqbal v Prison Officers Association [2009] Jones v Wright [1991] 2 WLR 814 (QBD); reversed in
EWCA Civ 1312 409, 416 part [1991] 3 All ER 88 (CA) 76
Island Records Ltd, ex parte [1978] Ch 122 287 Joseph v Spiller [2010] UKSC 53 432, 447, 448, 450
Iwanczuk v Poland Application No 25196/94 Joyce v O’Brien [2013] EWCA Civ 546; [2014] 1 WLR
(unreported, 15 November 2001) 422 70 222

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Joyce v Sengupta [1993] 1 WLR 337 430, 510 Lawrence v Fen Tigers [2014] UKSC 13; [2014] 2 All ER
Junior Books Ltd v Veitchi Ltd [1983] 1 AC 520 46, 98, 622 xv, 344, 358, 364, 367, 368
100, 101, 256, 257, 267 League Against Cruel Sports v Scott [1986] QB 240 332
Leakey v National Trust for Places of Historic Interest
K v Secretary of State for The Home Department or Natural Beauty [1980] QB 485 352–5, 371, 373,
[2002] EWCA Civ 775 122 375, 379, 380, 389
K and another v Dewsbury Healthcare NHS Trust, See Leigh & Sillavan Ltd v Aliakmon Shipping Co Ltd (The
D v East Berkshire Community Health NHS Trust Aliakmon) [1986] 1 AC 785 102, 111, 115
K and another v Oldham NHS Trust, See D v East Lennon v Metropolitan Police Commissioner [2004]
Berkshire Community Health NHS Trust 2 All ER 266 59, 90
Kaye v Robertson [1991] FSR 62 61, 481, 486, 504, 510 Letang v Cooper [1965] 1 QB 232 409, 540
Kearns v General Council of the Bar [2003] 2 All ER Lewis v Daily Telegraph [1964] AC 234 435, 436
534 475 Lewis v Tims [1952] AC 676 419
Keenan v United Kingdom (2001) 10 BHRC 319 203 Liebeck v McDonald’s Restaurants Ltd [1994] Extra
Kelsen v Imperial Tobacco Co [1957] 2 QB 334 334 LEXIS 23; 1995 WL 360309 (Bernalillo County,
Kemsley v Foot [1952] AC 345 448, 449 N.M. Dist. Ct. 1994) 277
Kennaway v Thompson [1981] QB 88 363 Liesbosch Dredger v SS Edison [1933] AC 448 195, 196
Kent v Griffiths [2000] 2 WLR 1158 56, 128, 135 Limpus v London General Omnibus Co (1862) 1 H&C
Keown v Coventry Healthcare NHS Trust [2006] 526 523
1 WLR 953 245, 260 Lippiat v South Gloucestershire Council [1999]
Khatun v United Kingdom (1998) 26 EHRR CD 212 4 All ER 149 355
350 Lister v Hesley Hall Ltd [2002] 1 AC 215; [2001]
Khorasandjian v Bush [1993] 3 WLR 476 348, 412, 2 All ER 769 (HL) 522–6
419, 423 Lister v Romford Ice & Cold Storage Ltd [1957] AC 555
King v Sussex Ambulance NHS Trust [2002] ICR 1413 526, 529
157 Llandudno UDC v Woods [1889] 2 Ch 705 339
Kirkham v Chief Constable of the Greater Manchester Lloyd v Grace Smith & Co [1912] AC 716 526
Police [1990] 3 All ER 246 202, 209, 222 Lloyds Bank v Savory [1933] AC 201 153
Knightley v Johns [1982] 1 All ER 851 58, 199 London Artists Ltd v Littler [1969] 2 All ER 193 463
Knowles v Liverpool City Council [1993] 4 All ER 321 Lonrho v Shell Petroleum Co (No 2) [1981] 2 All ER
296 456; [1982] AC 173 281, 284, 286, 291, 302
Knupffer v London Express Newspaper Ltd [1944] Lorsé v The Netherlands Application 52750/99
AC 116 440 (unreported) 4 February 2003 422
Kubach v Hollands [1937] 3 All ER 907 267 Loutchansky v Times Newspapers (No 2) [2002]
Kuddus v Chief Constable of Leicestershire 1 All ER 653 442–4, 470
Constabulary [2001] 3 All ER 193 549–51 Lowe v Guise [2002] QB 1369 558
Lowery v Walker [1911] AC 10 236
LNS v Persons Unknown [2010] EWHC 119 (QB) Lucas-Box v News Group Newspapers Ltd [1986]
503 1 WLR 147 447
Lagden v O’Connor [2004] 1 All ER 277 195 Luxmoore-May v Messenger May Baverstock [1990]
Lamb v Camden Borough Council [1981] QB 625 197, 1 All ER 1067 153
200
Lane v Holloway [1968] 1 QB 379 413 M (a minor) v Newham London Borough Council,
Lange v Atkinson (No 2) (2000) 8 BHRC 500 462 See X (minors) v Bedfordshire County Council
Lange v Australian Broadcasting Corp (1997) 2 BHRC M v Hampshire County Council, See X (minor) v
513 462 Bedfordshire County Council
Langridge v Levy (1837) 2 M & W 337 507 MB (medical treatment), Re [1997] 2 FLR 426 314
Latimer v AEC Ltd [1953] AC 643 160, 296 MS v ATH [2003] QB 965 564
Law Society v KPMG Peat Marwick [2000] 4 All ER 541 McCall v Abelesz [1976] QB 585 284
96 McCartan Turkington Breen (a firm) v Times
Law Society v Sephton [2006] 3 All ER 401 536 Newspapers Ltd [2000] 4 All ER 913 458

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McCullough v May [1947] 2 All ER 845 512 part [2001] 3 All ER 698 (Tech & Constr Ct) 353,
McDermid v Nash Dredging and Reclamation Co Ltd 361, 369, 371, 375, 392
[1987] AC 906 297, 522 Mariola Marine Corp v Lloyd’s Register of Shipping
McFarlane v EE Caledonia Ltd [1994] 1 All ER 1 68, 71, (The Morning Watch) [1990] 1 Lloyd’s Rep 547 97
78 Market Investigations Ltd v Minister of Social Security
McFarlane v Tayside Health Authority [2000] 2 AC 59 [1969] 2 QB 173 520
107 Mason v Levy Auto Parts of England Ltd [1967] 2 QB
McGeown v NI Housing Executive [1994] 3 All ER 53 530 374, 381
236 Matthews v Ministry of Defence [2003] 1 All ER 689
McGhee v National Coal Board [1973] 1 WLR 1 23
169–71, 173, 176, 179, 182, 204, 323 Matthews v Wicks (1987) Times, 25 May 404
McHale v Watson [1966] ALR 513 151, 152 Mattis v Pollock [2003] 1 WLR 2158 525
McKenna v British Aluminium Ltd (2002) Times, Maxim’s Ltd v Dye [1977] 1 WLR 1155 512
25 April 350, 384 Maynard v West Midland Regional Health Authority
McKennitt v Ash [2006] All ER (D) 02 (Feb) (QB); [1985] 1 All ER 635 318
[2007] 3 WLR 194 (CA) 493, 496–8 Meah v McCreamer (No 1) [1985] 1 All ER 367 203
McKenny v Foster (t/a Foster Partnership) [2008] Meah v McCreamer (No 2) [1986] 1 All ER 943 203
All ER (D) 73 (Mar); [2008] EWCA Civ 173 402 Meering v Grahame-White Aviation Co Ltd (1920)
McKew v Holland, & Hannen & Cubbitts (Scotland) 122 LT 44 416
Ltd [1969] 3 All ER 1621 200, 219 Merivale v Carson (1888) 20 QBD 275 451
McKinnon Industries Ltd v Walker [1951] 3 DLR 577 Merrett v Babb [2001] 3 WLR 1 60, 91, 93
361, 374 Mersey Docks & Harbour Board v Goggins & Griffith
McLoughlin v Jones [2002] 2 WLR 1279 68, 75, 77, 78, (Liverpool) Ltd [1947] AC 1 521
80, 81 Metropolitan Asylum District v Hill (1881) 6 App Cas
McLoughlin v O’Brian [1983] AC 410 68, 77 193 368
McMullin v ICI Australia Operations Pty Ltd (1997) Metropolitan International Schools Ltd (t/a
72 FCR 1 112 SkillsTrain and/or Train2Game) v Designtechnica
McWilliams v Sir William Arrol & Co Ltd [1962] Corpn (t/a Digital Trends) [2009] EWHC 1765
1 WLR 295 186, 289 (QB); [2010] 3 All ER 548 441, 442
Maga v Roman Catholic Archdiocese of Birmingham Midland Bank Trust Co Ltd v Hett, Stubbs & Kemp (a
[2010] EWCA Civ 256 525 firm) [1979] Ch 384 39, 536
Maguire v Sefton Metropolitan Borough Council Miles v Forest Rock Granite Co (Leicestershire) Ltd
[2006] 1 WLR 2550 235 (1918) 34 TLR 500 385
Mahon v Osborne [1939] 2 KB 14 162, 320 Miller v Jackson [1977] QB 966 361, 363, 367
Mahon v Rahn (No 2) [2000] 4 All ER 41 456 Mineral Transporter, The, See Candlewood Navigation
Majrowski v Guys and St Thomas NHS Trust [2006] Corp Ltd v Mitsui OSK Lines Ltd
4 All ER 395 519 Ministry of Justice v Carter [2010] EWCA Civ 694 319
Malec v JC Hutton Pty Ltd (1990) 64 ALJR 316 181 Mirvahedy v Henley [2003] 2 All ER 401 397, 398,
Malone v Lasky [1907] 2 KB 141 348 401, 406
Malone v Metropolitan Police Commissioner [1979] Mitchell v Glasgow City Council [2009] UKHL 11 24,
Ch 344 488 118, 121–3, 126, 128, 129, 355
Malyon v Plummer [1964] 1 QB 330 563 Monk v Warbey [1935] 1 KB 75 283
Manchester Airport plc v Dutton [2000] QB 133 335 Monsanto plc v Tilly [2000] Env LR 313 337
Mansfield v Weetabix Ltd [1998] 1 WLR 1263 151 Monson v Tussauds Ltd [1894] 1 QB 671 432
Mapp v News Group Newspapers Ltd [1998] 2 WLR Morgan Crucible Co plc v Hill Samuel Bank Ltd [1991]
260 435 1 All ER 148 97
Marc Rich & Co v Bishops Rock Marine Co Ltd and Morgan v Odhams Press Ltd [1971] 1 WLR 1239 439,
Others (The Nicholas H) [1995] 3 All ER 307; [1995] 474, 476
3 WLR 227 48, 102, 258 Morgans v Launchbury [1973] AC 127 528
Marcic v Thames Water Utilities [2004] 1 All ER 135 Morning Watch, The, See Mariola Marine Corp v
(HL); reversing [2002] 2 All ER 55, (CA); reversing in Lloyd’s Register of Shipping

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 TABLE OF CASES

Morris v Murray [1990] 3 All ER 801 210–12 Normans Bay Ltd v Coudert Brothers (a firm) [2004]
Morris (t/a Soundstar Studio) v Network Rail All ER (D) 458 (Feb) 183
Infrastructure Ltd [2004] All ER (D) 342 (Feb) 360 Norwich City Council v Harvey [1989] 1 All ER 1180
Morrison Sports Ltd v Scottish Power UK plc [2010] 84, 99
UKSC 37 286
Morrison Steamship Co Ltd v Greystoke Castle [1947] OLL Ltd v Secretary of State for Transport [1997]
AC 265 86 3 All ER 897 56, 129, 138
Mosley v News Group Newspapers [2008] All ER (D) OBG Ltd v Allan [2007] 2 WLR 920 6, 10
322 498 O (a minor), Re [1993] 2 FLR 149 311
Mosley v United Kingdom [2011] ECHR 48009/08; Ogwo v Taylor [1988] AC 431 235, 241, 260
[2011] All ER (D) 66 (May) 501 O’Kelly v Trusthouse Forte plc [1983] ICR 728 520
Mowan v London Borough of Wandsworth [2000] Orchard v Lee [2009] EWCA Civ 295 152
All ER (D) 2411 (Dec) 355 Orme v Associated Newspapers Ltd (1981) The Times,
Moy v Pettiman Smith [2005] UKHL 7 155 4 February 440
Muirhead v Industrial Tank Specialities Ltd [1986] Ormrod v Crosville Motor Services [1953] 1 WLR 1120
QB 507 100, 267 528
Mullaney v Chief Constable of West Midlands Police Oropesa, The [1943] P 32 199
[2001] All ER (D) 191 (May) 135 O’Rourke v Camden London Borough Council [1997]
Mullin v Richards [1998] 1 All ER 920 151, 216 3 WLR 86 283
Murphy v Brentwood District Council [1990] 2 All ER O’Shea v MGN Ltd [2001] EMLR 40 439
908 35, 47, 90, 100, 103, 104, 110, 115, 257, 258, Osman v Ferguson [1993] 4 All ER 344 130, 134, 138
261, 267 Osman v United Kingdom [1999] FLR 193 (ECHR) 23,
Murphy v Culhane [1977] QB 94 222 54, 64, 119, 123, 131, 134, 138, 139, 142, 147
Murray v Express Newspapers plc [2008] Fam Law 732 Overseas Tankship (UK) Ltd v Miller Steamship Co Pty
495, 503 Ltd (The Wagon Mound No 2) [1966] 2 All ER 709;
Murray v Ministry of Defence [1988] 2 All ER 521 416 [1967] 1 AC 617 159, 248, 365, 373, 375
Musgrove v Pandelis [1919] 2 KB 43 391 Overseas Tankship (UK) Ltd v Morts Dock &
Mutual Life & Citizens Assurance Co v Evatt [1971] Engineering Co (The Wagon Mound No 1) [1961]
AC 793 89 AC 388 188–90, 192, 194, 196, 205, 362, 566
Owens v Brimmell [1977] 2 WLR 943 210, 215, 566
N v Chief Constable of Merseyside Police [2006]
EWHC 3041 525 Pacific Associates Inc v Baxter [1990] 1 QB 993 98
NHS Trust A v M; NHS Trust B v H [2001] 2 WLR 942 Page v Smith [1995] 2 All ER 736 68–70, 72, 73, 82
24, 308, 309 Page v Smith (No 2) [1996] 3 All ER 272 71
NHS Trust, An v MB [2006] 2 FLR 319 308, 314 Page Motors Ltd v Epsom & Ewell Borough Council
Nash v Sheen [1953] CLY 3726 413 (1982) 80 LGR 337 355
Natural Life Health Foods Ltd v Williams [1998] Pakenham-Walsh v Connell Residential [2006]
2 All ER 577 110 All ER (D) 275 (Feb) 301
Nettleship v Weston [1971] 2 QB 691 11, 27, 150, 210, Palmer v Tees Health Authority [1999] Lloyd’s Rep
211, 566 Med 351 54, 78, 122
New York Times v Sullivan, See Sullivan v New York Paris v Stepney Borough Council [1951] AC 367 157
Times Parkinson v St James and Seacroft University Hospital
Newstead v London Express Newspapers Ltd [1940] NHS Trust [2002] QB 266 107
1 KB 377 438 Parry v Cleaver [1970] AC 1 559, 568
Ng Chum Pui v Lee Chuen Tat [1988] RTR 298 163 Parsons v Uttley Ingham & Co [1978] QB 791 191
Nicholas H, The, See Marc Rich & Co v Bishop Rock Pasley v Freeman (1789) 3 TR 51 506
Marine Pearce v United Bristol Healthcare NHS Trust (1998)
Nichols v Marsland (1876) 2 Ex D 1 387 48 BMLR 118 322
Niemietz v Germany (1993) 16 EHRR 355 494 Peck v United Kingdom (2003) 36 EHRR 41 488, 500
Nitrigin Eireann Teoranta v Inco Alloys Ltd [1992] Pemberton v Southwark London Borough Council
1 All ER 854 258 [2000] 3 All ER 924 350

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 TABLE OF CASES

Performance Cars v Abraham [1962] 1 QB 33 170, 180 R (on the application of Lumba) v Secretary of State
Perl (P) (Exporters) Ltd v Camden London Borough for the Home Department; R (on the application
Council [1984] QB 342 121 of Mighty) v Secretary of State for the Home
Perre v Apand Pty Ltd (1999) 198 CLR 180 60, 112 Department [2011] UKSC 12; [2011] 4 All ER 1
Perry v Kendricks Transport Ltd [1956] 1 WLR 85 418, 548
384–7 R (on the application of Rogers) v Swindon NHS
Peters v Prince of Wales Theatre (Birmingham) Ltd Primary Care Trust [2006] 1 WLR 2649 316
[1943] 1 KB 73 386 R v Billinghurst [1978] Crim LR 553 413
Phelps v London Borough of Hillingdon, Anderton v R v Bournewood Community and Mental Health NHS
Clwyd County Council, Jarvis v Hampshire County Trust ex parte L [1998] 3 All ER 289 415
Council, Re G (a minor) [2000] 4 All ER 504 141, R v Colohan [2001] 2 FLR 757 423
143, 145, 285 R v Criminal Injuries Compensation Board, ex parte K
Phillips v Britannia Hygienic Laundry Co Ltd [1923] (minors) [1999] QB 1131 564
2 KB 832 283, 284 R v Deputy Governor of Parkhurst Prison ex parte
Phipps v Rochester Corp [1955] 1 QB 450 240 Hague [1992] 1 AC 58 284
Pickett v British Rail Engineering Ltd [1980] AC 136 R v Ireland [1998] AC 147 412
557 R v Meade (1823) 1 Lew CC 184 412
Pigney v Pointer’s Transport Services Ltd [1957] R v Rimmington, R v Goldstein [2006] 1 AC 459
1 WLR 1121 201 344, 345
Pirelli General Cable Works Ltd v Oscar Faber & R v Secretary of State for Social Services ex parte Hincks
Partners [1983] 2 AC 1 540 (1979) 123 Sol Jo 436 316
Pitcher v Martin [1937] 3 All ER 918 395 R v Secretary of State for Transport ex parte Factortame
Pitts v Hunt [1990] 3 All ER 344 211, 212, 217, 220, (No 4) [1996] QB 404 291
225, 228, 229, 566 R v Secretary of State for Transport ex parte Factortame
Platform Home Loans Ltd v Oyston Shipways Ltd (No 7) [2001] 1 WLR 942 291
[1999] 2 WLR 518 214 R v St George (1840) 9 C & P 483 412
Polemis and Furness, Withy & Co Ltd, Re [1921] 3 KB R v Wilson [1955] 1 WLR 493 412
560 188, 189, 201 RHM Bakeries (Scotland) Ltd v Strathclyde Regional
Pollard v Photographic Co (1888) 40 Ch D 345 485 Council 1985 SLT 214 389
Pollard v Tesco Stores Ltd [2006] EWCA Civ 393; Rabone v Pennine Care Care NHS Trust [2012] UKSC 2
[2006] All ER (D) 186 (Apr) 271 559, 560, 563
Port Swettenham Authority v TW Wu [1979] AC 580 Rahman v Arearose Ltd [2001] QB 351 200
525 Rainham Chemical Works Ltd v Belvedere Fish Guano
Portland Management Ltd v Harte [1977] QB 306 335 Co Ltd [1921] 2 AC 465 380, 381, 389
Practice Note (Official Solicitor: Declaratory Ramzan v Brookwide Ltd [2010] EWHC 2453 (Ch);
Proceedings: Medical and Welfare Decisions for [2011] 2 All ER 38 339, 340
Adults who Lack Capacity) [2006] 2 FLR 373 310 Rance v Mid-Downs Health Authority [1991]
Pride (D) & Partners (a Firm) v Institute for Animal 1 All ER 801 225
Health [2009] EWHC 1617 385 Ratcliff v Evans [1982] 2 QB 524 509
Prince Radu of Hohenzollern v Houston [2008] Ratcliffe v McConnell [1999] 1 WLR 670 247, 251
EWCA Civ 921 466 Ratcliffe v Plymouth & Torbay Health Authority
(1998) PIQR P170 162, 320
R (a minor), Re [1991] 4 All ER 177 313 Ravenscroft v Rederiaktiebolaget Transatlantic [1991]
R (a minor), Re [1993] 2 FCR 544 311 3 All ER 73 77
R (on the application of Burke) v General Medical Read v J Lyons & Co Ltd [1947] AC 156 381–5
Council [2006] QB 273 310 Ready Mixed Concrete (South East) Ltd v Minister of
R (on the application of Greenfield) v Secretary of Pensions [1968] 2 QB 497 520
State for the Home Department [2005] UKHL 14 Rees v Darlington Memorial NHS Trust [2003] 3 WLR
560 1091 107
R (on the application of KB) v Mental Health Review Reeves v Commissioner of Police for the Metropolis
Tribunal [2004] QB 936; [2003] 3 WLR 185 560 [2000] 1 AC 360; [1999] 3 All ER 897; [1999] 3 WLR

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363 (HL); reversing in part [1998] 2 WLR 401 (CA) S (adult: refusal of medical treatment), Re [1992] 4 All
198, 202, 209, 219, 220, 222, 228, 249, 566 ER 671 325, 314
Reid v Rush & Tompkins Group plc [1989] 3 All ER S v W (child abuse: damages) [1995] 1 FLR 862 540
228 41, 294 Salmon v Seafarers Restaurant [1983] 1 WLR 1264 241
Revill v Newbery [1996] 1 All ER 291 250 Savage v South Essex Partnership NHS Foundation
Reynolds v Times Newspapers Ltd [1999] 4 All ER 609; rust [2008] UKHL 74 203
[1999] 3 WLR 1010 459, 461–7, 470, 472, 473, 477 Scally v Southern Health and Social Services Board
Rhind v Astbury Water Park Ltd [2004] EWCA Civ [1991] 1 AC 294 42, 294
756; [2004] All ER (D) 129 ( Jun) 249 Schloendorff v Society of New York Hospitals 105 NE
Richardson v LRC Products Ltd [2000] Lloyd’s Rep 92 (NY 1914) 306
Med 280 271, 274, 276 Scott v London and St Katherine’s Dock Co (1865)
Richardson v Pitt-Stanley [1995] ICR 303 284 3 H&C 596 161
Rickards v Lothian [1913] AC 263 380, 382 Scott v Shepherd (1773) 2 W BI 892 408
Rigby v Chief Constable of Northamptonshire [1985] Scullion v Bank of Scotland plc (t/a Colleys) [2011]
2 All ER 985 337, 338, 384, 546 EWCA Civ 693; [2011] 1 WLR 3212 93
Rimmer v Liverpool City Council [1984] 1 All ER 930 Seaga v Harper [2008] 1 All ER 965 463, 475
252, 258 Secretary of State for the Environment, Food and
River Wear Commissioners v Adamson (1877) Rural Affairs v Meier [2009] UKSC 11; [2010]
2 App Cas 743 332 1 All ER 855 331, 339
Robb v Salamis Ltd [2007] 2 All ER 97 288 Sedleigh-Denfield v O’Callaghan [1940] AC 880
Roberts v Gable [2008] QB 502 467 351–4, 373, 375
Roberts v Ramsbottom [1980] 1 WLR 823 150 Shelfer v City of London Electric Lighting Co [1895]
Robinson v Balmain Ferry Co Ltd [1910] AC 295 416, 1 Ch 287 363, 364, 375
426 Shell UK Ltd v Total Oil [2010] EWCA Civ 180; [2010]
Robinson v Kilvert (1889) 41 Ch D 88 359, 374 3 All ER 793 102
Robinson v Post Office [1974] 1 WLR 1176 194 Shevill v Presse Alliance [1998] 2 AC 18 429
RockNRoll v News Group Newspapers [20130 Shiffman v Order of the Hospital of St John of
EWHC 24 (Ch) 496 Jerusalem [1936] 1 All ER 557 385
Roe v Minister of Health [1954] 2 QB 66 152 Shine v London Borough of Tower Hamlets [2006] All
Rogers v Whittaker (1992) 175 CLR 479 322 ER (D) 79 ( Jun) 156
Roles v Nathan [1963] 1 WLR 1117 241, 243, 260 Sidaway v Board of Governors of the Bethlem Royal
Rondel v Worsley [1969] 1 AC 191 55, 134 Hospital [1985] AC 871 321, 322, 326
Rookes v Barnard [1964] AC 1129 549, 550, 567 Sienkiewicz v Grief [2009] EWCA Civ 1159 174, 178
Rose v Plenty [1976] 1 WLR 141 536, 523 Simaan General Contracting Co v Pilkington Glass
Ross v Caunters [1979] 3 All ER 580 19, 27 Ltd [1988] QB 758 99
Ross v Fedden (1872) 26 LT 966 380 Simmons v Simmons [1996] CLY 2874, CA 205
Rothwell v Chemical and Insulating Co Ltd [2007] Sindell v Abbott Laboratories 607 P 2s 924 (1980)
4 All ER 1047 72, 548, 567 179
Rouse v Squires [1973] QB 889 199 Six Carpenters Case (1610) 8 Co Rep 146A 333
Rowley v Secretary of State for the Department of Skinner v Secretary of State for Transport (1995)
Work and Pensions [2007] 1 WLR 2861 127 Times, 3 January 129
Rushmer v Polsue & Alfieri Ltd [1906] 1 Ch 234 Slipper v BBC [1991] 1 QB 283 444
357 Smith v Austin Lifts Ltd [1959] 1 WLR 100 212
Rux v Slough Metals Ltd [1974] 1 All ER 262 290 Smith v Baker [1891] AC 325 208, 217, 228, 293
Ruxley Electronic and Construction Ltd v Forsyth, Smith v Chief Constable of Sussex Police [2008] UKHL
Laddington Enclosures Ltd v Forsyth [1995] 3 All 50; [2008] 3 All ER 977 119, 123, 128, 130, 136–8
ER 268; [1996] AC 344 365 Smith v Eric S Bush (a firm); Harris v Wyre Forest
Rylands v Fletcher (1865) 3 H&C 774; (1866) LR 1 District Council [1990] 1 AC 831 59, 85, 59, 90, 92,
Exch 265; (1868) LR 3 HL 330 (HL) 6, 12, 26, 27, 108, 115
214, 329, 342, 350, 354, 373, 374, 377–92, 527, Smith v Kenrick (1849) 137 ER 205 379
570, 571 Smith v Leech Brain & Co [1962] 2 QB 405 193, 566

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Smith v Littlewoods Organisation Ltd [1987] Stone & Rolls Ltd v Moore Stephens (a firm) [2009]
1 All ER 710 117, 119, 121–3 UKHL 39; [2009] 4 All ER 431 225
Smith v Manchester Corpn (1974) 17 KIR 1 557 Storey v Ashton (1869) LR 4 QB 476 524
Smith v Northampton County Council [2008] EWCA Stovin v Wise [1996] 3 All ER 801 117, 123, 126, 127,
Civ 181 296 145, 147
Smith v Scott [1973] Ch 314 355, 383 Stubbings v Webb [1993] AC 498; [1993] 1 All ER 322
Smith v Stages [1989] 2 WLR 529 524 538–40
Smith v Stone (1647) Sty 65 332 Sturges v Bridgman (1879) 11 Ch D 852 357, 366–8
Smith New Court Securities Ltd v Scrimgeour Vickers Sullivan v New York Times (1964) 376 US 254 462,
Ltd [1996] 4 All ER 769 508 473
South Australia Asset Management Corporation v Sunbolf v Alford (1838) 2 M&W 248 416
York Montague Ltd [1996] 3 All ER 365; [1996] Sutherland Shire Council v Heyman (1985) 157 CLR
3 WLR 87 63, 93, 94, 185, 186, 193 424; (1985) 60 ALR 1 46, 60, 63
Southwark London Borough Council v Mills [1999] Sutradhar v National Environmental Research
4 All ER 449 354 Council [2006] UKHL 33; [2006] 4 All ER 490 118
Southwark London Borough Council v Williams Swain v Natui Ram Puri [1996] PIQR 442 246
[1971] Ch 734 337, 546 Swindle v Harrison [1997] 4 All ER 705 185, 186
Sparham-Souter v Town and Country Developments Swinney v Chief Constable of Northumbria Police
[1976] 1 QB 958 540 [1997] QB 464; [1999] 11 Admin LR 811 122, 130,
Spartan Steel & Alloys Ltd v Martin & Co 135, 139
(Contractors) Ltd [1973] QB 27 85, 101, 115, 267 Sykes v Harry [2001] 3 WLR 62 253
Spencer (Earl) v United Kingdom (1998) 25 EHRR CD
105 487 T (an adult), Re [1992] 4 All ER 649 311, 313, 314
Spencer-Franks v Kellogg Brown & Root Ltd [2009] Tai Hing Cotton Mill v Liu Chong Bank Ltd [1986]
1 All ER 269 296 AC 80 39–41
Spicer v Smee [1946] 1 All ER 480 359 Tamiz v Google Inc [2013] EWCA Civ 68; [2013]
Spiller v Joseph, See Joseph v Spiller 1 WLR 2151 442
Spring v Guardian Assurance plc [1994] 3 All ER 129 Targett v Torfaen Borough Council [1992] 3 All ER 27
42, 47, 64, 89, 104, 108, 109, 115, 187, 294 258
St George v Home Office [2008] EWCA Civ 1068 Tarry v Ashton (1876) 1 QBD 314 347
219 Tate & Lyle Industries Ltd v Greater London Council
St George’s Healthcare Trust v S [1999] Fam 26 308, [1983] 2 AC 509 101, 346
314 Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194;
St Helens Smelting Co v Tipping (1865) 11 HL Cas 642 [2014] QB 150 78
356, 357, 375 Telnikoff v Matusevitch [1992] 2 AC 343 448, 451
Standard Chartered Bank v Pakistan National Tesco Stores Ltd v Wards Construction (Investment)
Shipping Corp (No 2) [2002] UKHL 43 214 Ltd (1995) 76 BLR 94 258
Stanley v Powell [1891] 1 QB 86 408 Tetley v Chitty [1986] 1 All ER 653 354, 355
Stanley v Saddique [1992] QB 1 562–4 Thame v New South Wales (2002) 76 AJLR 1348 81
Stansbie v Troman [1948] 1 All ER 599 117, 121, 198 Theaker v Richardson [1962] 1 WLR 151 455, 441
Staples v West Dorset District Council (1995) 93 LGR Theakston v MGN Ltd [2002] EWHC 137 (QB) 496
536 247 Thomas v Bradbury, Agnew & Co Ltd [1906] 2 KB 627
Stapley v Gypsum Mines Ltd [1953] AC 663 218, 219 451
Steel and Morris v United Kingdom (Application Thomas v National Union of Mineworkers [1985]
No 6841/01) (2005) The Times, 16 February; 2 All ER 1 412
(2005) 18 BHRC 545, ECtHR 430 Thomas v News Group Newspapers Ltd [2002] EMLR 4
Stennett v Hancock [1939] 2 All ER 578 264 423
Stephens v Myers (1830) 4 C&P 349 412 Thompson v Alexander (1992) 59 BLR 77 256
Stern v Piper [1996] 3 All ER 385 435, 456 Thompson v Brown [1981] 1 WLR 744 538
Stevenson, Jordan and Harrison Ltd v McDonald & Thompson v Commissioner of Police for the
Evans (1952) 1 TLR 101 520 Metropolis [1998] QB 498 550

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Another Random Scribd Document
with Unrelated Content
of her own life, into a burning building, and snatched from the
flames the two children who had been committed to her care.
The fierce red scar across his cheek had remained a vivid reminder
of that day, and he remembered how, throughout his youth and early
manhood, he had always hated his young kinsman, who had been
with him in the flames, but who had escaped without disfigurement.
Well, the kinsman had long ago passed to his final reward, and he
was living still, with the red scar on his face but half concealed by the
thick, stiff beard. He folded up the paper containing the watch and
the pieces of silver, and put the package carefully away in his safe.
“It’s a lucky thing for me, that the old creature didn’t recognize me
when I put my head through the door,” he said to himself. “I’ll have
to be more careful in the future about showing myself down here, for
one never knows who is going to turn up. Everybody wants money,
and there are none too proud to come down here to this dirty street
and ask for it. It’s a great thing, money, and it’s the lack of it that puts
all men on the same footing.”
 Chapter XXXIII.

W hen one is young and life still seems new and fresh and full of
bright, ever-changing hues, a few months seem a long period,
and one that often brings with it many changes.
And so the year that the Van Kuren children spent abroad was not
without its effect upon them. During that time they had travelled
through England, France, Italy and Germany, and, under the
guidance of their father and their tutor, had learned much of the
countries through which they passed, and of the history and customs
of the different people. With minds naturally bright and retentive,
both Harry and Laura had derived much more profit from their
journeyings in foreign lands than most people do, and although they
had seen so much and enjoyed so many things, they were both
heartily glad to return to their own country.
It was on a bright, sunny morning in the early winter that the
steamer in which Mr. Van Kuren had taken passage for himself and
family, sailed up the superb harbor of New York, while the two
children stood on the deck, almost screaming with delight as they
recognized such familiar landmarks as the Brooklyn Bridge, Trinity
steeple, the Produce Exchange, and even caught a distant glimpse of
the Palisades. A tall column of smoke rising from the heart of the
great city caught their eye.
“What makes that smoke?” said Harry, to his tutor who was
standing beside him.
“I don’t know,” replied Mr. Reed, doubtfully, “But I think it must
be a fire. Yes, the smoke is growing denser every moment and now
we can see bits of flame in it too.”
“I wonder if Bruce Decker is there, helping to put it out,”
exclaimed Harry, impulsively. “I tell you it must be grand to be
running to the fires all the time. I wonder how Bruce is getting along,
anyway. Don’t you think it’s funny we haven’t heard a word from
him?”
Laura did not reply at first but seemed to be interested only in
looking intently at the familiar features of the scene about her, but
when Harry repeated his question she remarked carelessly, “Oh I
suppose he’s too much occupied with his own affairs to bother about
us. Anyway, Harry, it is not necessary for us to see him any more. He
is very well in his way, but not nearly so refined and elegant in his
manners as those children we used to play with in Paris. Just
compare him with little Victor Dufait for example. Why Victor was
the politest boy I ever saw in my life, and it would be a good thing for
Bruce, and you too, to copy his manners.”
“Well I’d rather copy Bruce than that little frog-eating Frenchman,
any day!” cried Harry. “You think he’s all right just because he bows
and scrapes and grins every time he sees you coming. But if you were
to play with him and the rest of those fellows, as I did, you’d soon
find out that they’re not half as nice as they seem. Besides, I’ll bet
that Bruce could lick any two of them with one hand tied behind his
back.”
“Well, there are better things than being able to lick other boys,
even with both hands tied behind your back,” rejoined Laura, “and I
think that Victor is one of the nicest boys I ever met.”
“Well, you can have him for all I care, but I’d like to see Bruce
again, and as soon as we get ashore I’m going down to hunt him up.”
“You will do nothing of the sort, Harry,” interjected Mr. Reed, in a
tone of quiet determination. “You may remember, perhaps, that your
father has forbidden you to have anything to do with that young
Decker, and I am quite sure that you at least, Laura, have not
forgotten the circumstances which led to his making that rule. So I
particularly caution you not to set your hearts upon renewing an
acquaintance which your father does not consider a desirable one,
and my advice is not to mention the matter in his presence.”
The tutor’s words ended all discussion of the young fireman, and
very soon afterwards the children went down stairs to make their
final preparations for landing. Laura had been partly in earnest in
what she said about Bruce. She had made the acquaintance of several
boys of foreign parentage during their stay in Paris, and had been
greatly impressed with their polished manners and glib tongues.
Victor Dufait, whom her brother despised, was a lad well calculated
to awaken the admiration of any girl unused to superficial elegance
of manners. Always handsomely dressed and neat in his appearance,
he was to all outward appearances as gentlemanly and modest a lad,
as one could hope to meet, but the boys who played with him knew
that his politeness was, as they expressed it, “all put on,” and that
among lads of his own age, or younger, he could be selfish, ill-
natured, and vindictive. Many a time had Harry, while playing with
him and other boys of his sort, thought regretfully of the manly,
good-natured, and companionable Bruce Decker, who, although of
much more humble origin than the little foreigner, possessed a much
truer breeding—that which comes from a good heart and kindly
intentions.
From the steamer Mr. Van Kuren and his family went directly to a
large and fashionable hotel on Broadway, intending to remain there
until their own house could be repaired and put in thorough order.
The children continued their studies under the direction of their
tutor and an English governess, who had accompanied them home
from London, and every afternoon went out to walk in the streets.
Sometimes Harry and Mr. Reed enjoyed long strolls along the river
front, where the boy never wearied of looking at the great ships and
little fishing sloops, as they lay at the docks, and sometimes the two
went down into the poorer portions of the town, where Mr. Reed
pointed out to him the habitations of different races of people, and
explained to him their curious modes of living.
Sometimes Laura accompanied them, when they walked along the
principal avenues or through Central Park, but as a general thing she
went out with her governess, and sometimes invited some young girl
of her own age to accompany her. She was walking in this way one
afternoon, talking to a richly dressed young girl, and accompanied by
the prim-looking governess, when her young companion drew her
attention to the fact that some one was trying to attract her attention.
Laura looked up hastily and beheld Bruce Decker standing with his
hat in his hand and a rosy flush on his cheeks almost in front of her.
The governess was looking in wonder at the presuming young man,
and the young girl beside her was beginning to laugh, for to tell the
truth, Bruce presented an appearance that was not at all like that of
little Victor Dufait.
“How do you do, I did not know you were back from Europe,”
began the boy. But to his amazement Laura, who had always treated
him in a most friendly manner, simply stared him in the face, bowed
to him very coldly, and then walked on with her eyes turned in
another direction, and a look in her face that was anything but
pleasant or cordial. And as she passed on she realized that the boy
was standing stock still on the pavement behind her, amazed beyond
expression at the way in which he had been treated. She knew,
moreover, that what with her annoyance at her companion’s sneers,
and her fear lest the English governess should tell her father of the
chance meeting, she had treated Bruce with a degree of harshness,
which she never intended, and she would have given almost anything
—at least it seemed so to her at that moment—to have been able to
live the past few minutes over again.
It is no easy task to describe Bruce Decker’s feelings, as he stood in
the middle of the pavement on Fifth Avenue, and watched the
retreating form of the young girl, whose friendship he had once
prized so highly. His cheeks grew redder and redder, as he thought of
the glance she had given him, and the insolence of her manner. Then
he glanced down on his clothes, and his hands reddened and
hardened with toil, and said to himself, “Well, I suppose I’m not
stylish enough to suit her now that she’s been across the water, and
mixed up with all sorts of foreign people.” It seemed very hard to the
boy, however, that he should be despised just because he did not
wear fashionable clothes, and he said to himself with some bitterness
of spirit, “I suppose I could rig myself up in fine style for less than a
hundred dollars, and be as good a dude as any of them.”
It was with this feeling in his heart that he walked slowly away,
and then—for his brain did not stop working merely because of some
trifling rebuff—it occurred to him that if there was only a hundred
dollars difference between him and a dude, the obstacle was not an
impossible one to surmount, and that a few years of hard work would
convert him into a very superior quality of dude, and would thus
enable him to regain the friendship and esteem which he was
positive Miss Van Kuren once entertained for him. With this cheerful
view of the case he lifted his head bravely, and walked on toward the
truck quarters with swift and resolute steps. He said nothing to his
friend Charles Weyman in regard to his chance meeting. In fact, he
did all he could to forget it himself, but he had been too deeply
wounded to put all recollection of the young girl’s coldness to him
aside, and the memory of that chance meeting rankled in his breast
for many weeks.
 Chapter XXXIV.

O ne cold, dreary, windy evening, the tall, dark, bearded man left
the office on the East side, where he was known as “Scar-faced
Charlie,” and turned his face in the direction of the fine mansion in
the upper part of the city, where he was known to the servants, the
tradespeople, and a few of the neighbors as “Samuel Dexter,” a
relative of the kindly old gentleman who owned the house. Passing
through the broad gate and along the winding road, he emerged into
an open space in front of the mansion, and saw to his surprise that
lights were gleaming through the windows of the elder Mr. Dexter’s
library, a room which was seldom opened during the owner’s
absence.
The bearded man had been away for two or three days, and,
thinking that the servants had taken advantage of his absence, to
make use of an apartment into which he seldom penetrated himself,
he quietly let himself in at the front door, and stepping across the
hall, threw open the door of his uncle’s study, intending to
administer a severe rebuke to whomever he might find within.
But the angry words died away unuttered on his lips, and he
started back with a look of amazement and chagrin, as Mr. Dexter,
Senior, rose from an easy chair by the fire and came forward to greet
him.
“Why, my dear uncle, I had no idea that you were in this country,”
exclaimed the new comer, as he recovered himself sufficiently to
grasp the hand that was extended to him, and assume something
that resembled at least a pleased expression of countenance.
“I only arrived this morning,” replied the other, “and so I thought I
would treat you to a pleasant surprise.”
That his coming had proved a surprise, if not an altogether
pleasant one, was quite apparent to the elder Mr. Dexter, who had
narrowly watched his nephew’s face and noted the quick change of
expression that passed across it as he entered the room. Since that
evening in Paris, when he had addressed to him a letter of inquiry,
several things had occurred to convince the old gentleman that his
kinsman was not treating him in a straightforward manner. He had
replied to the letter, it is true, but in such a way as to make it
apparent that he either had not troubled himself to fulfill his uncle’s
request, or else that he was concealing from him the information
which he possessed. It was partly because of these suspicions which
had taken possession of his mind, and partly because he was
extremely anxious to learn more about Bruce Decker, that Mr.
Dexter, Senior, determined to cut short his stay in Europe, and
return at once to New York.
He had landed early that morning, and one of his first duties had
been to go and see Ann Crehan, the old woman who had once been a
nurse in the Van Kuren family, and who was supported now by them
and by himself. The poor old creature poured into his sympathetic
ear a sad tale of destitution. One of her remittances had failed to
reach her, and in order to tide over a brief period, she had applied to
the younger Mr. Dexter for a loan, but without success. Then, not
wishing to have her true condition made known to her neighbors—
for the poor are far more sensitive than the rich,—she had made up a
little package of a few old pieces of silver-ware and the gold watch
she cherished above all her earthly possessions, and taken them
down to Eldridge Street, where “an ould blood-letting scoundrel” had
loaned her a few dollars on them.
The old creature had but one anxiety now, and that was to recover
her lost trinkets, and her benefactor readily promised to come the
very next day—for his foreign money was not then exchanged—and
bring her the funds that would enable her to do so.
On his way up-town that night, Mr. Dexter thought with bitterness
and regret of the in-gratitude shown him by the nephew, whom he
had intended to make his heir.
“He might have spared a few dollars for old Ann Crehan, if not on
my account on his own, for it was she who saved his life when he was
merely a boy, and a man must be hard hearted indeed, who can
forget such a service.”
But despite his feelings he said nothing to his nephew about the
old nurse, nor did he allude to the evasive reply which had been sent
to him in Paris. On the contrary, he greeted his kinsman pleasantly,
and chatted with him in his usual easy and amiable fashion until the
time had come for them to separate for the night.
When the old gentleman descended to the breakfast-room the next
morning, he found that his nephew had gone down-town, leaving
word with the servant that he might be detained that night until a
late hour.
Mr. Dexter accordingly breakfasted alone, and then called his
carriage, and was driven to the elevated railroad station, where he
took a train to the lower part of the city. It was twelve o’clock when,
having attended to several matters of business, he betook himself to
the East side tenement house, in which Ann Crehan lived. The old
woman shed tears of joy when he told her he had come to redeem her
little package of valuables, and, having taken from her the receipt
and the address of the money-lender, he set out for Eldridge Street.
Picking his way through the crowd of children who swarmed in that
thickly settled part of the town, and sniffing the air, which was
redolent of garbage and garlic and decaying fish, the old gentleman
shook his head and sighed to think of the stern necessities which
compelled the poor to live in such a quarter and in such a fashion.
“And what sort of a man must this money-lender be?” he said to
himself. “I cannot see how a man, with any feelings at all in his heart,
can deliberately establish himself in this quarter and devote his life
to loaning money to these unfortunate creatures at rates of interest
which, I doubt not, are exorbitant. Well, he will receive no exorbitant
interest from me on the ten dollars he loaned to poor old Ann, for I
know what the laws on usury are.”
It was with this feeling in his heart that Mr. Dexter entered the
shabby-looking office on Eldridge Street and, handing the receipt to
the bookkeeper behind the tall desk said “Mrs. Crehan wishes to
repay her loan and get back the package which she gave as security.”
The bookkeeper glanced sharply at the receipt and then at the
well-dressed, prosperous looking gentleman who presented it, and
then went into the inner office, took the package from the safe and
brought it out.
“Twelve dollars if you please” he remarked, in his brief business-
like way.
“You loaned ten dollars on these articles, less than a month ago,
and now you ask for twelve dollars. Do you charge twenty per cent. a
month interest?” said Mr. Dexter in firm, quiet tones.
 “It’s twelve dollars or you don’t get the stuff,” retorted the
accountant in a surly voice.
“You had better be very careful, sir, or you may get into trouble,”
rejoined Mr. Dexter speaking very sternly, and looking the other
squarely in the face. “I am familiar with the usury laws of the State
and they are very explicit, in matters of this sort. I advise you to hand
me that package without a moment’s delay and accept the sum of ten
dollars and twenty-five cents, which is interest at the rate of two and
one-half per cent. a month and more than you are really entitled to.”
“I will do nothing of the sort!” said the old clerk raising his voice so
that it reached the ears of his employer in the inner office, “and if you
don’t care to pay the twelve dollars you may go about your business,
and I’ll put the package back in the safe.”
“I’ll not pay any such outrageous charge!” screamed Mr. Dexter, at
the very top of his voice, “and what’s more if you hesitate one minute
longer I’ll go out and make a complaint against you to the proper
authorities.”
But just at this moment the door of the inner office was thrown
open and the money-lender came out exclaiming “What does all this
noise mean? What do you mean, sir, by coming into my place of
business——”

“And so this is the business you

conduct, is it?”—Page 317.
 “There’s the boss now himself. You can settle the matter with him,”
remarked the bookkeeper, triumphantly. But to his surprise his
master neither spoke nor stirred, and he was even more surprised to
see Mr. Dexter gaze fixedly at him for a moment or two and then
exclaim in tones of burning contempt, “And so this is the business
that you conduct, is it? Lending money to these poor people and then
charging them the most outrageous rates. I suppose you thought you
could take advantage of this poor old woman who saved your life at
the risk of her own when you were a mere child in arms! I believed in
you Samuel in spite of the warnings that I received. But now, I have
done with you forever. My servants will gather your effects together
and send them to you, but I forbid you to enter my premises again
under any consideration whatever.”
Trembling with indignation, and with his face suffused with a high
color, the old gentleman picked up the package containing Ann
Crehan’s little treasures, laid the sum of ten dollars and twenty-five
cents on the desk and departed, slamming the door behind him as he
went out with such violence that every window-sash in the room
rattled.
And then the tall, sinister looking man reentered his private den,
threw himself down upon a chair, and with his head bowed in an
attitude of hopeless dejection muttered: “Everything has slipped
from me just as I thought it was within my grasp. There is but one
hope left, and that is the boy.”
 Chapter XXXV.

W hen old Mr. Dexter reached his home that afternoon, he called
one of his servants and ordered him to gather all of his
nephew’s possessions together and pack them up, to be sent away to
an address which he would give them. At the same time he informed
them that if his kinsman should call, he was not to be admitted to the
house on any pretense whatever. Having done this, the old
gentleman sat down in his library and wrote a letter to his lawyer,
who was also a warm personal friend of many years’ standing, and
invited him to visit him the next day, in order that they might dine
together, and at the same time discuss an important matter of
business. This business was nothing less than the drawing up of a
new will, which should deprive his renegade kinsman of any chance
of profiting by his death. Never in his whole life had the warm-
hearted and benevolent old gentleman been so stirred with shame
and indignation as he had that day by the sudden discovery that his
nephew, who was of his own flesh and blood, and bore his name, was
making his livelihood by loaning money to poor and unfortunate
people at usurious rates of interest. That a man of proper breeding
and right feelings should take advantage of the necessities of the
unfortunate, stirred Mr. Dexter’s soul to its inmost depths.
As for the money-lender, he realized as soon as his uncle had left
the office and slammed the door behind him, that in all probabilities
he would never see the inheritance of which he had for so many years
based his hopes. However, there was one chance left to him, and he
determined to try it before abandoning all expectation forever. He
must see Bruce at once, for it was possible that, through this boy, he
might once more obtain influence over his uncle. Taking his hat and
cane, he left his office and hurried away to the address which Bruce
had given him, and it was there that he learned that the boy had
found employment in the very truck-house in which his father had
worked before him, and where he had often visited him.
“That was stupid enough in me,” he remarked, angrily, to himself,
as he strolled along toward the quarters. “I might have known that
the boy’s first thought after his father’s death would have been to
look for some sort of a job in the department. If I had only made
inquiries there instead of sending that rascally newsboy up into the
country, I would have found him long ago, and might have had him
out of the way by this time, if I had seen the necessity for it.”
As he entered the building, Charley Weyman recognized him, and
went upstairs to look for the boy. “He’s down there, Bruce,” he said,
significantly.
“Who’s down there?” demanded the young lad, looking up from
the book which he was reading.
“That tall chap, with the scar on his face, that you’ve talked about
so often. And, mark my words, he means you no good. But you go
down and see what he has to say, and then tell me about it before you
give him any promise or agree to do anything that he asks you to.”
“But perhaps he’s not going to ask me anything,” replied the boy.
“It may be that he’s come here to do me a favor.”
“Don’t you believe it!” retorted Weyman. “That man never goes
anywhere unless it is to get something from somebody. If he offers to
do you a favor, be mighty careful how you accept his offer.”
Bruce went downstairs, and was very cordially greeted by the
mysterious man who had caused him so many sleepless nights since
the first time he had heard of him. He was surprised now to find him
so agreeable and kindly in his manner, and in a few moments he
forgot his good friend’s caution, and found himself talking to the
money-lender as freely and easily as if he had known him all his life.
He told him all that he knew of his origin, and mentioned the fact
that he hardly knew anything about his father’s family or friends. “I
came down here soon after my father’s death, and the chief took me
on here, got my pension for me, and has kept me here ever since.
When I’m old enough I hope to join the department, and perhaps
rise in it.”
“What pension is that?” asked Mr. Dexter, with a sudden gleam of
interest in his face.
“The department pays it to me because my father was killed in the
service,” replied the boy.
 “Then there is no doubt about your being the son of Frank Decker,
I suppose,” rejoined the other, in what seemed to Bruce like a tone of
disappointment.
“Of course not,” he replied.
“Very well, then,” continued the visitor, “so much the better for
you, for you will have no trouble in establishing your identity. As I
told you the other day, a legacy left to your father by some distant
relatives in England has fallen to you; but in order to get it you will
be obliged to go yourself to London, prove who you are, and collect
the money in person. I knew your father very well indeed, and it was
simply on account of my friendship for him that I have taken the
trouble to look you up. I sent that little rascal of a newsboy up to the
country to search for you; and if he had done what I told him to do,
or if you had come to me at once, you might have obtained
possession of your inheritance by this time, to say nothing of saving
me a great deal of unnecessary trouble. However, I suppose you
could not have helped that.”
“Indeed, sir,” said Bruce, very humbly, “I went up to your house
two or three times but could not learn your address, and it was only
when Skinny came back to the city that I found out where your office
was. It was very kind of you, I’m sure, to take so much trouble for
me, and when I get this money I will very gladly pay you for what you
have done.”
“Never mind the pay,” exclaimed the money-lender,
magnanimously, “I’m willing to do a great deal for the son of my old
friend. Now, I suppose you have not enough money to pay for your
journey to London and back, have you?”
Bruce was forced to admit that he had not sufficient funds for such
an undertaking, and on learning this, the visitor went on: “Very well,
I will advance you enough for your passage there and back and other
necessary expenses, and you can repay me when you receive your
legacy. I suppose you might get it by sending a representative there,
or engaging some well-known London lawyer, but that would cost
you just as much as to take the trip yourself, and besides those
English people are not like Americans, and are very slow in their
business methods. And, after all, a boy of your age ought to enjoy a
little trip to Europe and back. It won’t come in your way very often,
especially when there’s nearly five thousand dollars at the other end
of the route.”
 Nearly five thousand dollars! To the young fire-lad, who had been
accustomed all his life to the most rigid economy, this seemed like an
enormous sum of money. And the prospect offered him so
unexpectedly of obtaining it for himself, and at the same time
making a journey to England almost stunned him. He was aroused
from his stupor by Mr. Dexter, who asked him how soon he would be
able to start.
“Any time you say,” he replied, and then added hastily, “provided,
of course, that Chief Trask has no objection.”
At the mention of the chief’s name Mr. Dexter’s brow clouded, and
he exclaimed in what Bruce thought rather a contemptuous and
disagreeable tone, “Well, if he is a true friend of yours, he won’t
object to your making such a journey as I propose, and if he does
object, I should think five thousand dollars would be worth more to
you, than anything you’ve got here.”
“I’ll ask him,” said the boy, “and let you know to-morrow. I don’t
think he’ll put any obstacle in my way.” And with this understanding
the two parted, the money-lender returning to his office, and Bruce
going at once to lay the matter before his friends, Charley Weyman
and the chief.
Both these men declared, after careful consideration of his case,
that he could not do better than accept Mr. Dexter’s proposition,
provided that gentleman paid him in advance enough to cover the
expenses of his journey to England and back. “You don’t risk
anything, you see,” said Weyman, “and he does. He wouldn’t send
you off on a wild-goose chase, if it cost him anything to do so. In fact,
you’ve everything to gain and nothing to lose, and it’s not every day
in the year that a boy like you gets the chance to travel in foreign
parts at somebody else’s expense. Just tell him that you’re ready to
go, and keep a sharp look-out for anything that may turn up.”
The next day, accordingly, Bruce called on Mr. Dexter at his
Eldridge Street office, and made known to him the decision of his
friends. “I’m ready to go whenever you think best,” he added, “but, of
course, as I haven’t any money, you will have to give me a return
ticket, and money enough for my expenses while I’m there.”
“Certainly, my boy,” said Mr. Dexter, with his most winning smile,
“and as there is a steamer that sails next Saturday for Southampton,
I will engage your passage on that. Get ready to sail at three o’clock
on that day, and, meantime, I advise you to keep on at your regular
work and not mention to anybody what I have told you. Some one
might start up and contest that will and keep you out of your rightful
dues for ten years. When you get your hands on the money, you may
talk about it as much as you please.”
And so the young boy returned to the truck quarters, and resumed
his regular work, although he could scarcely drive out of his mind the
wonderful intelligence that the money-lender had conveyed to him.
Meantime, Samuel Dexter seated in his Eldridge Street office, was
writing a long letter to the old gentleman who had driven him from
his house.
“There!” he exclaimed, as he sealed the envelope, “I think that
letter will bring him to terms if nothing else will.”
 Chapter XXXVI.

A cold, bitter night, with the snow falling swiftly and silently, only
to be caught up by the tempestuous bursts of wind, and swept
into heavy drifts of dazzling whiteness. It was snowing hard all over
the great city of New York, up-town as well as down. And in the open
space in front of the fine old mansion in which Mr. Dexter lived, it
had gathered in great heaps, on which bright streams of light shone
from the curtained window of the comfortable library. But cold and
dreary and desolate as it was without, within this richly furnished
room was warmth, comfort and hospitality. The master of the house
was lying with a shawl thrown over his slight figure, upon a couch,
which had been drawn up in front of the great open wood-fire, and
about him were gathered three or four of his best friends.
Mr. Van Kuren was there, and his sister, whom the children always
addressed as “Aunt Emma,” and who, on account of her delicate
health, seldom ventured far away from home. It must have been
business of importance that brought her from the great hotel, in
which they were staying, to this mansion above the Harlem river, on
such a cold and tempestuous night. Another guest, a portly, grey-
haired, smooth-shaven man of judicial aspect, was the lawyer, who
had been summoned by Mr. Dexter, in order to draw up a new will.
Neither of the Van Kuren children were present, Harry having been
sent away on a short trip with his tutor, while Laura had remained at
the hotel in the care of her English governess.
On a table, which had been drawn up closely to Mr. Dexter’s
lounge, was an open letter, which each member of the company had
carefully scrutinized in turn, and with many expressions of
indignation and distrust. It was the letter which the money-lender
had written and sent from his office at Eldridge Street, and which
had been so cruelly planned to excite and distress the kindly old
gentleman, that not only his lawyer, but his intimate friends, the Van
Kurens, had been hastily summoned. The doctor fearing that the
shock might prove serious, if not fatal, to the venerable patient.
“I am inclined to think, on the whole,” said Mr. Van Kuren, after
he had examined the money-lender’s letter for the twentieth time,
“that there is not a word of truth in what he says, and that this has
been written simply in the hope of bringing about a reconciliation
with you. You know what my opinion of your nephew is and always
has been. I told you when we talked the matter over in Paris that he
was not a man to be trusted, and I was not at all surprised to learn
that he had been running his little pawnshop down on the east side,
and, I have no doubt, swindling every one of the unfortunates who
are compelled by their necessities to deal with him. If I were you, I
would throw this letter into the fire, and dismiss all thought of the
matter from my mind. Don’t you agree with me, sir?” he added,
turning to the kindly lawyer, who had been an attentive listener to
his words.
“No, Horace,” said Mr. Dexter, “I am inclined to think that there is
some truth in what my nephew—rascal that he is—has hinted at, and
that brings me to speak of a conversation that I had with your
daughter Laura at the time that we were so much together in Paris. I
did not mention this before, because she regarded it as a secret, and,
I suppose, did not care to have her interest in the matter known.”
Both Mr. Van Kuren and his sister smiled broadly at the thought
that Laura, whom they regarded as a volatile and rather foolish
young girl, should have been able to give their old friend any
important or reliable information on a subject of vital importance to
him, and Miss Van Kuren rejoined: “I wouldn’t pay too much
attention to my niece, if I were you, for she has, like most children of
her age, some very romantic and silly notions.”
“But I assure you,” exclaimed Mr. Dexter, earnestly, “that what she
told me on this occasion made quite an impression on me—an
impression which has been growing stronger and stronger ever since.
It was in Paris, one morning when I called at your apartment, and
there was no one there but Miss Laura. She intimated that she had
something of importance to say to me, and when I encouraged her to
go on she told me a story about a young boy of her acquaintance who,
having come up to see me on an errand, recognized, or fancied that
he recognized, the house and grounds as something that he had seen
in his earliest childhood.
 “She gave me his address, and I actually wrote him a letter asking
him to give me such information as he could about his family, but I
never received any reply, for it was not long afterwards that I left
Paris for Switzerland and Italy, and subsequently sailed for New
York. It is just possible, therefore, that his letter may be at this very
moment following me about the continent of Europe. I was rather
inclined to believe that there was some grain of truth in the story,
because I remembered the young lad myself quite distinctly, and he
had a pleasant, bright, open face, and did not seem to be the sort of a
boy who would invent a piece of pure fiction and try to palm it off as
the truth.”
“Who was the boy? Do you recall his name?” said Mr. Van Kuren.
“Certainly I do. He is employed in the fire department in some
capacity, and his name is Bruce Decker, and there was just enough
similarity between his name and mine—Dexter and Decker—to
suggest——”
“Bruce Decker!” interrupted Mr. Van Kuren savagely; “well, I can
tell you from my own personal experience with that young rascal,
that he is quite capable of inventing any story, and of deceiving you
with it as well. And so he took Laura into his confidence, did he?
Well, I have no doubt he answered your letter, and you will be very
fortunate if he doesn’t hunt you up, and establish some sort of a
claim on you, before you realize what he’s doing! Now I’ll tell you my
experience with that bright, honest-looking, open-faced young
scamp. He got acquainted with my children, I think it was by picking
Harry up in the road one afternoon, when he met with an accident,
and I asked him up to dinner, so that I might see for myself, what
sort of a boy he was. As you know quite well, I am very democratic in
my ideas, and I don’t want Harry to grow up with a notion that he’s
made of better clay than the boy whose coat is not quite as good as
his. In fact, I have no objection to his playing with boys in humbler
circumstances than himself, providing only they are decent and
honest, and as this Decker lad made a very good impression on me—
for there is no denying that he has a good face and decent manners—
I saw no reason why he should not come to the house now and then,
and I was glad to have Harry go and visit him, when he was laid up in
the hospital. The first thing I knew, the young vagabond had repaid
me by entering into a sly correspondence with Laura, and I
discovered that she had actually been down to the hospital, to call on
him, without saying a word to either her aunt or myself. As you can
well imagine, I put a stop to the intimacy without a moment’s delay,
and as I never heard either of the children mention the boy’s name
again, I concluded that they had dismissed him from their thoughts,
as I had from the house. Now it seems though that he has found
some means of communication with Laura, and has been filling her
head with this romantic story about recognizing your house and
grounds. Well, I shall put a stop to that, I can tell you, and I am very
sorry to think that Laura should disobey me, as she evidently has.”
“My dear Horace,” exclaimed Mr. Dexter, raising himself with
some difficulty as he spoke, “I am very sorry I said anything that will
get your daughter into trouble, and I am sure that what she learned
from this lad she learned from his own lips before you forbade the
intimacy. In fact, if I remember rightly, she said as much to me
herself. I still have the young man’s address, and to-morrow
morning, or as soon as my health will allow it, I will either go to see
him or send for him, and you may be sure that I will learn exactly
how much truth there is in this story that he tells. Meantime, let me
beg of you to say nothing to Miss Laura, for it would really break my
heart to think that I had been the means of getting her into trouble.”
The old gentleman seemed to be so deeply in earnest that both Mr.
Van Kuren and his sister readily promised to accede to his wishes,
and Mr. Van Kuren was even induced to forego the intention he had
formed of going the very next morning to the quarters of the hook
and ladder truck, and lodging a complaint with the chief of the
battalion.
It was late when they finished their discussion, much later than
they had thought, and as they arose to take their leave, a servant,
coming in with an armful of wood for the fire, informed them that
the snow had accumulated in such heavy drifts, as to make the roads
almost impassable.
And this information was confirmed by a glance through the
window at the storm which was raging without.
“You must not think of going home to-night!” exclaimed Mr.
Dexter. “It will never do for you in the world, my dear Emma, to
think of going out into such an awful storm as this. No, there are
plenty of rooms in the house, and I will have fires built at once, so
that you will be just as comfortable as you would be at that big hotel
you’re stopping at. Not one of you shall leave the house to-night.”
 “But just think of poor little Laura all alone in that great, big
hotel,” exclaimed Miss Van Kuren. “Suppose anything were to
happen to her; why, I would never forgive myself to the last day of
my life for leaving her there. And just fancy a fire breaking out in that
place in the middle of the night! No, I really think that I ought to——”
“You’ll stay where you are, all of you,” put in the hospitable old
gentleman, in a voice that was full of pleasant authority, “and as for
the hotel, it’s warranted strictly fire-proof. And I’m sure Laura is just
as safe there as she would be if you were with her.”
And so it was settled that the Van Kurens and Mr. Dexter’s lawyer
should remain all night. And an hour later the last light was
extinguished in the old mansion, and there was no sound to be heard
about it save the raging of the storm.
 Chapter XXXVII.

I t is the unconsidered trifles of life which oftentimes shape human

destinies.
And what trifle is there of less importance than a window-curtain
swayed by the midnight breeze?
There was such a curtain swinging idly in the window of a dimly
lighted room as the clocks in the tall church towers tolled the solemn
hour of midnight. The wind was high now, and the snow, which had
been falling for nearly six hours, was heaped upon the roofs of the
tall houses, and lay in huge drifts about the streets, while the flakes
which filled the keen winter air were blown so sharply in the faces of
pedestrians that men found walking possible only by keeping to the
middle of the street, and bending their heads down to the sharp
blasts. Now and then a policeman, muffled up to his eyes, walked
along, trying the doors of shops and other places of business to see
that thieves were not busy during the storm.
As the night wore on, the passers-by appeared at rarer intervals,
and the snow, undisturbed by man or beast, allowed itself to be
whirled and twisted by the wind into fantastic shapes, that changed
with every fresh gust. One o’clock sounded from many a brazen
tongue, and the wind, as if it heard in the sharp, vibrant note a new
signal, seemed to grow suddenly in strength and swept across the
city with fiercer and louder blasts, while the snow fell in blinding
masses on roof and pavement.
The same wind coming with awful fury up the broad, deserted
avenue, struck with full force against the splendid hotel, and pouring
through the half-open window in the dimly lighted room set the
white window-curtain swaying and flapping with renewed life.
“An awful night for a fire!” muttered a belated citizen, as he
mounted his doorstep and shook the snow from his clothing in his
marble-tiled vestibule.
 It was indeed an awful night for a fire, but the cold and weary
citizen dismissed all anxiety from his mind, and sought his bed,
happy in the knowledge that there were scattered about the great
sleeping city fire-engines, with swift horses to draw them, and
companies of vigilant, courageous men ready to hurry to the scene of
disaster at a moment’s warning. And very soon the belated citizen
slept too, while the storm outside raged with increased fury, and the
snow swept down from the heavens and was piled in great drifts
beneath the shadows of the tall building.
And down in Chief Trask’s quarters nearly a mile away Bruce
Decker slumbered peacefully, with his turnout on the floor beside
him, while the horses stamped uneasily in their stalls, and the two
men on watch sat close to the stove and talked in low tones about
fires that they had known on just such windy, snowy nights in years
gone by. Outside the truck-house the wind howled dismally, and the
snow swept through the street in pitiless, blinding gusts, while up-
town the same blasts paused for a moment in their northerly flight to
play with the white window-curtain that was swinging and flapping
now with increased violence in the half-lighted chamber.
And throughout the storm Bruce slept as calmly as a child,
knowing nothing of all that that window-curtain meant for him. A
gust fiercer than the others tore the light band which held the curtain
to the wall and sent it fluttering against the gas jet. It blazed up and
caught the woodwork about the window and then another gust of
wind, pausing in its swift flight to the far north, scattered the blazing
particles about the room, and fanned the flames that were eating
their way through the handsome woodwork. Outside, beneath the
window where the curtain had flapped for a moment before, the
snow lay in huge untrodden drifts. There was no one there to note
the blaze which had started in the room on the fifth floor, nor was
there any chance watcher in the silent houses over the way to give the
alarm.
It was twenty minutes after one when the idle wind blew the
curtain against the flame, and at precisely twenty-five minutes of two
a servant rushed, bareheaded, into the street, and, breaking for
himself a path through the heavy drifts of snow, made straight for a
lamp-post with red glass in its lamp that stood two blocks away.
There was a red box on this lamp-post, and, although his fingers
were numb with cold, the servant had it open in a jiffy, and in