Help to find previous case details

[SpectrumL]

Hello,

Can anyone help me with a case detail? I can't seem to find the full judgement anywhere. This is my last avenue to try and explore my potential claim for life changing injuries.

In case anyone has it or can access it, I'll be grateful, the case in question is Cook v. Swinfen 1967.

Thank you.

[echat11]

https://vlex.co.uk/vid/cook-v-swinfe...%20have%20done.

I'm not sure why you are having difficulty.

[SpectrumL]

I did try that one but the free trial doesn't cover it and I'd need to pay out £100 for a month subscription but I only need this one case. A tall order financially these days unfortunately. All other cases I've found for free, are the older ones behind paywalls only?

[R0b]

Either you subscribe to the relevant database to get access or you could call the Law Society library and see if they will give you a copy. I think the cost for the service is £22 for so many pages and then additional costs after that. They will have a copy of the Weekly Law Reports in the library for that case.

My question is whether you actually need that case at all? A quick bit of Googling suggests that Lord Denning applied the same test that was given in Boardman v Sanderson which is available via Bailii - https://www.bailii.org/cgi-bin/forma...(+Sanderson+))

You could also use bailii to search specifically for newer cases that support the Cook v Swinfen by referencing the case. The link below shows all available cases that mention Cool v Swinfen, and you may want to do the same with the Boardman case. It’s likely that judgments may refer to both cases if the same test was applied.

https://www.bailii.org/cgi-bin/lucy_...method=boolean

[atticus]

https://swarb.co.uk/cook-v-swinfen-ca-1967/

(from the late @dslippy's case law site)

[SpectrumL]

Thank you both.

The swarb website is where I originally found the case summary, too bad it doesn't have the whole judgement.
I'll give the Law Society a call tomorrow and hope for the best.

Boardman v Sanderson looks to be accident related . If that was my case I would have already been offered countless CFA's. Because it involves special circumstances related to a contract negligence, not one company deals with such issues because personal injury from contract negligence doesn't mix well apparently.

After considerable research on my part I find this case, Cook v Swinfen that almost no one knows about and fits my claim like a glove, I went to a solicitor and basically asked for a specific performance injunction to compel the management company of my development to enforce the lease because I was on the verge of a serious mental breakdown because of a breach and gave them gory details. The case was handed to a junior paralegal who made a mess of it and eventually told me I have no chance of success and they can't do anything of substance, just to send out letters to random people and hope for the best. It didn't end well for me being told I have no option but to stay in that torment and got more than a mental shock to say the least.
It was some time later I discovered I would have had 90% chance of success to get the injunction I asked for and that would have been indeed the proper remedy to my contractual dispute.

[R0b]

When you are arguing your case, it is not necessary to simply try to get a case that fits snugly with your dispute as 9/10 times it never happens since every case and their facts tend to be different. What I understand from Boardman v Sanderson is that Lord Denning in Cook v Swinfen applied the principles laid out in Boardman v Sanderson to the facts of that case.

It sounds like the legal principle you may be trying to prove is the mental distress, shock element, am I right? Of course if there is a case that directly applies to your factual situation then that also helps.


Anyway, in case you don't have it, here is the link to the document service

Lawdocs document delivery service | The Law Society

I've also checked the catalogue and they have the Weekly Law Reports going back to 1953. Since this case was in 1967, they will have a copy of it to provide. Make sure to provide the full citation which is Cook v Swinfen [1967] 1 WLR 457 or another is Cook v Swinfen [1967] 1 All ER 299 which is the All England Reports.

[SpectrumL]

Thanks for the link, the law society library gave me the precedent in a few hours for a fixed fee of £36.

[R0b]

good luck, hopefully the judgment gives you what you need.