List of Cases Involving Lord Denning - Master of The Rolls

Master of The Rolls

• In re Smith or Barclays Bank Ltd v Mercantile Bank Ltd 1 WLR 763, decided on May 1, 1962, reversed the decision of Wilberforce J that a trust requiring trustees to give money to "hospitals" could be construed as "non-profit" hospitals, so was not void for uncertainty.

• Boulting v Association of Cinematograph, Television and Allied Technicians 2 QB 606, dissenting over a closed shop agreement and managers refusing to pay union fees
• Roles v Nathan 1 WLR 1117, occupiers' liability case on chimney sweeps.
• Letang v Cooper 2 All ER 292
• Southam v Smout 1QB 308
• Ward v James
• D & C Builders Ltd v Rees 2 QB 617, To resolve a debt there must be "accord and satisfaction" where the agreement cannot be made under duress.
• Beswick v Beswick Ch 538, Denning allows a poor widow to reclaim the assets of her late husband when it was taken from her husband's nephew (disapproved in AC 58).
• Morris v CW Martin & Sons Ltd 1 QB 716
• Wheat v E Lacon & Co Ltd 1 All ER 582; defines "occupier" for the purposes of Occupiers' Liability Act 1957.
• Boardman v Phipps Ch 992, on the strict application of the no conflict of interest rule for trustees, affirmed by the House of Lords.
• ER Ives Investments Ltd v High 2 QB 379
• Gallie v Lee 2 All ER 322
• O’Brien v Associated Fire Alarms Ltd 1 WLR 1916
• Torquay Hotel Co Ltd v Cousins 2 Ch 106, on the new economic tort of "interference with a contract"

• Gould v Gould 1 QB 275, dissenting on the idea that a husband's promise to help out his wife "as long as able" should be enforceable.
• Hinz v Berry 2 QB 40, on the recoverability of damages for nervous shock. Denning's judgment began with the words, "It happened on April 19, 1964. It was bluebell time in Kent."
• Lewis v Averay (1971), the purchaser of stolen goods should not bear the costs of re-embursing the victim of theft.
• Thornton v Shoe Lane Parking Ltd 2 QB 163
• Nettleship v Weston 3 All ER 581, a learner driver must exercise the skill of an experienced driver to avoid liability in negligence.
• WJ Allan & Co v El Nasr Export & Import Co 2 QB 189
• Fuller v Fuller 1 WLR 730, changed divorce law. Married couples are only cohabiting if they are living with each other as husband and wife.
• Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd 1 QB 27, concerning the recovery of pure economic loss in negligence.
• Jarvis v Swans Tours Ltd QB 233
• Lloyds Bank Ltd v Bundy (1975) QB
• Courtney and Fairbairn Ltd v Tolaini Brothers (Hotels) Ltd 1 All ER 716, a contract cannot have terms that are to be negotiated on at a later point.
• British Crane Hire Corporation Ltd v Ipswich Plant Hire Ltd QB 303
• Liverpool City Council v Irwin UKHL 1
• Anton Piller KG v Manufacturing Processes Limited Ch 55
• Rose v Plenty 1 WLR 141
• Miller v Jackson QB 966, that cricket was in the public interest and stray cricket balls were not a nuisance.
• Esso Petroleum Co Ltd v Mardon QB 801, representations made by parties with expert knowledge and experience are warranties in a contract.
• British Railways Board v Customs and Excise Comrs STC 221, 2 All ER 873, zero rating for VAT purposes is a question of law not fact.
• Parsons (Livestock) Ltd v Uttley Ingham & Co Ltd QB 791
• Butler Machine Tool Co Ltd v Ex-Cell-O Corp Ltd 1 All ER, battle of the forms case, where Denning argued the mirror image rule for offer and acceptance is outdated.
• Brikom Investments v Carr
• Quennell v Maltby WLR 318, asserted that equity conferred a wide, previously unrecognised, discretion to restrain the mortgagee from exercising the right to possession for purposes other than the protection or enforcement of his security.

• Photo Productions v Securicor Ltd All ER 556
• Ahmad v United Kingdom (1982) 4 EHRR 126
• Attorney General of New Zealand v Ortiz 3 WLR 570; 3 All ER 432, beautiful scene setting description of the Maori treasure at the heart of this case.

• Mandla v Dowell-Lee QB 1, saying that Sikh's were not a racial group under the Race Relations Act 1975, overturned by the House of Lords
• George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd 3 WLR 1036, classic opener with a quote from Lewis Carroll, later on is his infamous speech on the worship of the idol of "freedom of contract". Seed merchants could not rely on damage limitation clause to just the cost of the seeds. This was Lord Denning's last published decision, delivered on 29 September 1982.