"Phipps v Rochester Corporation (1955)" is a notable case in English tort law, particularly concerning the duty of care owed to children. This case is important in understanding how the law views the responsibilities of both children and those responsible for areas accessible to children. Here's a detailed summary: Background - Date: 1955 - Parties: Michael Phipps (a minor, represented by his father) vs. Rochester Corporation - Context: The case involved a child who was injured while playing on a housing development site. Facts - Incident: Michael Phipps, a five-year-old boy, was playing with his seven-year-old sister on a housing estate being built by the Rochester Corporation. During their play, Michael fell into a trench and was injured. - Parental Supervision: At the time of the incident, the children were unsupervised. Legal Proceedings - Claim: The parents of Michael Phipps sued the Rochester Corporation for negligence, claiming that the corporation had failed to
"Factortame Ltd v Secretary of State for Transport (1990)" is a landmark case in UK constitutional and European Union law. The case is particularly notable for its implications regarding the supremacy of European Union law over national laws of member states. Here's a detailed summary: Background - Date: 1990 - Parties: Factortame Ltd (Appellant) vs. Secretary of State for Transport (Respondent) - Context: The case involved a conflict between British legislation and European Community law. Facts - Legislation in Question: The UK's Merchant Shipping Act 1988 imposed certain conditions on fishing vessels registered in the UK, affecting many Spanish fishermen who operated in British waters under the British flag. - Issue: Factortame Ltd, representing the interests of these Spanish fishermen, argued that the Act contravened European Community law, specifically the principle of freedom of establishment. Legal Proceedings - Application for Interim Relief: Factortame sough