Cause of Action in UK Law

Leading Cases
  • Siskina (Owners of cargo lately laden on board) v Distos Compania Naviera S.A.
    • House of Lords
    • 26 Oct 1977

    A right to obtain an interlocutory injunction is not a cause of action. It is dependent upon there being a pre-existing cause of action against the defendant arising out of an invasion, actual or theatened by him, of a legal or equitable right of the plaintiff for the enforcement of which the defendant is amenable to the jurisdiction of the court. The right to obtain an interlocutory injunction is merely ancillary and incidental to the pre-existing cause of action.

  • Arnold v National Westminster Bank Plc
    • House of Lords
    • 25 Abr 1991

    Cause of action estoppel arises where the cause of action in the later proceedings is identical to that in the earlier proceedings, the latter having been between the same parties or their privies and having involved the same subject matter. In such a case the bar is absolute in relation to all points decided unless fraud or collusion is alleged, such as to justify setting aside the earlier judgment.

  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977

    It can only arise when the state of the building is such that there is present or imminent danger to the health or safety of persons occupying it. We are not concerned at this stage with any issue relating to remedial action nor are we called upon to decide upon what the measure of the damages should be; such questions, possibly very difficult in some cases, will be for the court to decide.

  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977

    First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.

  • Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly known as Contour Aerospace Ltd)
    • Supreme Court
    • 03 Jul 2013

    The first principle is that once a cause of action has been held to exist or not to exist, that outcome may not be challenged by either party in subsequent proceedings. Fourth, there is the principle that even where the cause of action is not the same in the later action as it was in the earlier one, some issue which is necessarily common to both was decided on the earlier occasion and is binding on the parties: Duchess of Kingston's Case (1776) 20 St Tr 355.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Dic 2000

    That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

  • Drummond-Jackson v British Medical Association
    • Court of Appeal (Civil Division)
    • 13 Feb 1970

    means a cause of action with some chance of success, when (as required by paragraph (2) of the Rule) only the allegations in the pleading are considered. If when those allegations are examined it is found that the alleged cause of action is certain to fail, the statement of claim should be struck out.

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Legislation
  • Latent Damage Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ......An Act to amend the law about limitation of actions in relation to actions for damages for negligence not involving personal ... taking an interest in property to have, in certain circumstances, a cause of action in respect of negligent damage to the property occurring before ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... in respect of a period of absence through illness or other good cause,(c) a sum payable in lieu of holiday, and(d) a contribution to an ... (i) the cause of action has accrued before the moratorium comes into force, or . (ii) all the ......
  • Limitation Act 1963
    • UK Non-devolved
    • 1 de Enero de 1963
    ...... S-1 . Extension of tine-limit for certain actions. 1 Extension of tine-limit for certain actions. . (1) Section 2 (1) of ...any cause of action in respect of which— .   . ( a . ) the court has, whether ......
  • Limitation Act 1975
    • UK Non-devolved
    • 1 de Enero de 1975
    ......An Act to amend the law about the limitation of actions and other proceedings. [1st August 1975]. Be it enacted by the Queen's ...period is three years from—.  . (a. ) the date on which the cause of action. accrued, or.  . (b. ) the date (if later) of the plaintiff's ......
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Books & Journal Articles
  • Protecting Business Reputation in Australia — Section 52 of the Trade Practices Act and Passing Off
    • Núm. 13-3, Septiembre 1983
    • Federal Law Review
    The common law relating to the tort of passing off is the traditional means by which conduct threatening business reputation may be halted. During the past five years, the Federal Court of Australi...
    ...... the interrelationship and overlap between the two causes of action. This Article discusses the scope of the two causes ......
  • Can there be a burden of the best explanation?
    • Núm. 22-2, Abril 2018
    • International Journal of Evidence & Proof, The
    In this article I address a foundational question in evidence law: how should judges and jurors reason with evidence? According to a widely accepted approach, legal fact-finding should involve a de...
    ......, legal fact-finding should involve a determination of whether each cause of action is prov en to a specific probability. In most civil cases, the ......
  • Mapping Defamation Defences
    • Núm. 78-4, Julio 2015
    • The Modern Law Review
    The general neglect of tort defences is most significant in defamation actions. This paper attempts to reduce to a few guiding principles the numerous, and apparently unrelated, doctrines recognise...
    ...... neglect of tort defences is most significant in defamation actions. This paper attempts to reduce to a few guiding principles the numerous, ...Defining the cause of action as an injury to the claimant’s reputation, it argues that they ......
  • A Potential Framework For Privacy? A Reply To Hello!
    • Núm. 69-5, Septiembre 2006
    • The Modern Law Review
    In Douglas v Hello! Ltd (No 3), the Court of Appeal noted that one ramification of ‘shoehorning’ invasions of privacy into the cause of action of breach of confidence is that ‘it does not fall to b...
    ...... rami¢cation of ‘shoehorning ’ invasions of privacy intothe cause of action of breach of con¢dence is that ‘it does not fall to be ......
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Law Firm Commentaries
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