There never was a case where it was done.
The criminal law should punish, the civil law should compensate.
All the population suffered the same.

Rules laid down for the granting of an interlocutory injunction:
(1) Serious case. (2) Refusal to grant it could not be compensated by damages if the plaintif were to succeed. (3) If damages would not afford an adequate remedy, the defendant would be satisfied by the plaintiff's 'undertaking as to damages' if the interlocutory injunction were to be granted, but a permanent one to be refused after the the trial. (4) The measure must preserve the status quo, not change it. (5) The relative strength of the parties' prima facia case has to be considered.

Bisney was a lorry driver, Swanston a transport company.
They spitefully caused nuisance.

Cassel published a book about the Second World War.
False facts were printed about Broom.
P made profit out of the case because they sold more books.

Connor went to a football game.
The police said that he has attacked them and they attacked him in self-defence.
This was not true, P was hurt.

The police acted arbitrarily.

Constantine wanted to check in at the Imperial Hotel.
They did not want him because he was black.
There is a law that if you have rooms free you have to give it to every responsible respectable person who wants to lodge.

He has to be threatened like white people.

Drane was thrown out of a lodging.
He went to a rent officer and got a reduction in rent; but his landlords did not want to reduce the rent but throw him out, because it would be much cheaper for them after all.

Breaking the must not amount to an advantage.
Examplary damages.

Examplary damages are awarded where the plaintiff has been injured by arbitrary action of government servants.
'Great constitutional case':

Elton John was said to be sick from bulimia and to have spit out food on a party.
He could show that this was untrue.

Examplary damages.

A tree was growing across the fence.

The defendant negligently crashed their steamship into a dredger and could not pay another one.
The plaintiff had to drag the sunk dredger and to hire another one; this amounted to L 23,000.
The inssurance was L 5,500, a comparable dredger would have cost L 6,000.
Problem: normally if Dredger had not been poor, there would not have been the damage amount of L 23,000, but of L 6,000.

The evidence was that no one could at that time be expected to know the furnace oil floating on water could be set alight.

A ship was hired under charter.
During the voyage some of the petrol containers leaked, and her hold became full of petrol vapour.
At Casablanca a stevedore in the employment of the charteres negligently let a plank fall into the hold.
There was an explosion.
The owners sued the charterers for the value of the ship.

The causing of the spark could not have been reasonably anticipated from the falling of the plank.
The servant of the charterers was negligent.
In former times, the test of remoteness was one of direct consequence.

A man received a slight burn on the lip as the result of his employers' negligence.
Entirely unforeseeably this burn produced lethal cancer.