- Cited — Mulalley & Co. Limited v Martlet Homes Ltd 2022-01-24
“…the classic phrase, “…a factual situation the existence of which entitles one person to obtain from the Court a remedy against another person…”: Letang v Cooper[1965] 1 QB 232 at 242. In order to ascertain whether the opposed amendments amount to a new cause of action, the court has to compare the essential allegations which are in i…”
- Approved — DSG Retail Ltd v Mastercard Incorporated & Ors 2020-05-22
“…In the Thakerar case Chadwick J cited the more recent definition offered by Diplock LJ in Letang v Cooper [1965] 1 QB 232 at pp. 242-3 and approved in Steamship Mutual Underwriting Association Ltd v Trollope & Colls Ltd [1986] 33 BLR 77 at p. 92:-…”
- Cited — Samba Financial Group v Byers & Anor 2019-03-14
“… is to add a new allegation of fact which gives the allegations of fact as a whole a substantially different character. In Letang v Cooper [1964] 2 All ER 929, [1965] 1 QB 232, this court recognised the division in actions for personal injuries ‘according as the defendant did the injury intentionally or unintentionally’ (Lord Denning…”
- Cited — Samba Financial Group v Byers & Anor 2019-03-14
“…ER 929 at 932, [1965] 1 QB 232 at 239). Moreover as Bowen LJ stated in Edgington v Fitzmaurice (1885) 29 Ch D 459 at 483, [1881-5] All ER Rep 856 at 861, ‘the state of a man’s mind is as muc…”
- Considered — Al Jaber & Anor v Al Ibrahim & Anor 2018-07-18
“…-known cases in which the term ‘cause of action’ has been considered, see for example, Cooke v. Gill (1873) LR 8 CP 107, Brett J at p.116, and Letang v. Cooper [1965] 1 QB 232 (CA), Diplock LJ at p.242-243. However, the specific issue that arises on this appeal was specifically addressed by Clauson J (as he then was) in Elder v. Nort…”
- Cited — Interactive E-Solutions JLT & Anor v O3b Africa Ltd 2018-01-30
“…We might begin by reminding ourselves of Diplock LJ’s well-known statement in Letang v Cooper [1965] 1 QB 232, 242 that “[a] cause of action is simply a factual situation the existence of which entitles one person to obtain from the court a remedy against another perso…”