List of cases involving Lord Denning

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Chronological list of cases in which Lord Denning sat as a judge. In most cases he played a decisive role in the final outcome and in many changed the law in a major way.

  • Fletcher v Fletcher [1945] 1 All ER 582, 61 TLR 354 — Denning protects the wife. Husband deserted wife by withdrawing sexual intercourse and joining religious community, divorce allowed.
  • Central London Property Trust Ltd v. High Trees House Ltd [1947] K.B. 130 — Denning resurrects the lost doctrine of Promissory Estoppel.
  • Hain Steampship Co Ltd v Minister of Food [1949] 1 All ER 444 (C.A.)
  • Metropolitan Borough and the Town Clerk of Lewisham v. Roberts [1949] 2 K.B. 608 (C.A.) — Dissenting, an executive body should not be allowed to gain title of a man's land if only possession was required for their purpose.
  • Solle v. Butcher [1950] 1 K.B. 671
  • Candler v Crane, Christmas & Co [1951] 2 KB 164
  • Errington v. Errington (1951) K.B.C.A. — Denning creates the equitable doctrine of "part performance" to save an incomplete contract.
  • Combe v. Combe (1952) Eng. K.B. — Denning elaborates his stance on Promissory Estoppel; calls it a "shield", not a "sword".
  • Drive-Yourself-Hire v. Strutt, [1953] 2 All E.R. 1475.
  • Roe v Minister of Health [1954] 2 AER 131
  • Entores Ltd. v. Miles Far East Corp. (1955) 2 ALL ER 493 — Decides that the "moment of acceptance" in a contract using a telex (electronic communication) happens on the receiver's side.
  • Ward v. Bynham (1956) Eng.C.A.
  • Hornal v. Neuberger [1956] Eng.C.A.
  • Letang v. Cooper [1964] 2 All ER 292
  • Ward v James [1965] Eng.C.A.
  • D & C Builders Ltd. v. Rees (1965) Eng.C.A. — To resolve a debt there must be "accord and satisfaction" where the agreement cannot be made under duress.
  • Beswick v. Beswick (1966), Eng.C.A., [1968] A.C. 58 — Denning allows a poor widow to reclaim the assets of her late husband when it was taken from her husband's nephew.
  • Wheat v. E Lacon & Co Ltd [1966] 1 All ER 582; defines "occupier" for the purposes of Occupiers' Liability Act 1957.
  • E.R. Ives Investments Ltd. v. High [1967] 2 QB 379
  • Roles v. Nathan (t/a Manchester Assembly Rooms) [1963] 1 W.L.R. 1117, [1963] 2 All E.R. 908; Occupiers' liability case on chimney sweeps
  • Gallie v. Lee (1969), Eng.C.A.
  • Gould v. Gould (1970) 1 Q.B. 275 — Denning dissented to the idea that a husband's promise to help out his wife "as long as [he is] able" should be enforceable.
  • Hinz v. Berry (1970), [1970] 1 All E.R. 1074 (C.A.)
  • Lewis v. Averay (1971), Eng.C.A. — The purchaser of stolen goods should not bear the costs of re-embursing the victim of theft.
  • Nettleship v. Weston [1971] 3 All ER 581; a learner driver must exercise the skill of an experienced driver to avoid liability in negligence.
  • W.J. Allan & Co. v. El Nasr Export & Import Co [1972] 2 Q.B. 189
  • Fuller v. Fuller [1973] 1 WLR 730 — Changed divorce law. Married couples are only cohabiting if they are living with each other as husband and wife.
  • Spartan Steel and Alloys Ltd v. Martin & Co. Ltd [1973] 1 QB 27; an important case concerning the recovery of pure economic loss in negligence.
  • Lloyds Bank Ltd. v. Bundy (1975) Q.B.
  • Courtney and Fairbairn Ltd. v. Tolaini Brothers (Hotels) Ltd. [1975] 1 All E.R. 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. [1975] Q.B. 303
  • Anton Piller v. Manufacturing Processes [1976] C.A.
  • Miller v. Jackson (1977) Q.B. 966 - The 'Cricket' case.
  • Esso Petroleum Co. Ltd. v. Mardon [1976] Q.B. 801 (C.A.) — Denning decides to turn representations made by parties with expert knowledge and experience into warranties of the contract.
  • British Railways Board v. Customs and Excise Comrs [1977] STC 221, [1977] 2 All ER 873 (C.A.) — Zero rating for VAT purposes is a question of law not fact.
  • Butler Machine Tool Co. Ltd. v. Ex-Cell-o Corp. Ltd. [1979] 1 All. E.R. (C.A.) — Battle of the forms, acceptance must be final and unqualified. Lord Denning said that traditional offer, counter offer, rejection and acceptance were outdated and all documents between the parties must be used to find agreement. Approach not generally supported but judgment still valid.
  • Brikom Investments v. Carr [1979]
  • Photo Productions v. Securicor Ltd. [1980] All E.R. 556
  • George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd [1982] 3 WLR 1036 (C.A.)— Classic Denning 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.
  • Attorney-General of New Zealand Appellant and Ortiz and others Respondents [1984] A.C. 1 — Lovely scene setting description of the Maori treasure at the heart of this case
  • Quennell v Maltby [1979] W.L.R. 318 (C.A.) — The Court of Appeal, with Lord Denning M.R. giving the leading judgement, 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.