Wisconsin v Pelican Insurance Co: 1888

References: (1888) 127 US 265
Ratio: (United States Supreme Court) The court considered the rules forbidding the application of foreign penal laws: ‘The rule that the courts of no country execute the penal laws of another applies, not only to prosecutions and sentences for crimes and misdemeanours but to all suits in favour of the state for the recovery of pecuniary penalties for any violation of statutes for the protection of its revenue or other municipal laws and all judgments for such penalties’.
Jurisdiction: United States
This case is cited by:

  • Applied – Huntington v Attrill HL ([1893] AC 150)
    In deciding how to characterise a claim, the court must examine its substance, and not be misled by appearances. The territorial principle requires attention to be paid to the place where the act was committed. The court defined what was meant by a . .
  • Cited – Iran v The Barakat Galleries Ltd QBD (Bailii, [2007] EWHC 705 (QB))
    The claimant government sought the return to it of historical artefacts in the possession of the defendants. The defendant said the claimant could not establish title and that if it could the title under which the claim was made was punitive and not . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 258521

Linkletter v Walker: 1965

References: (1965) 381 US 618
Ratio: (US Supreme Court) In both criminal and civil cases ‘the accepted rule today is that in appropriate cases the Court may in the interests of justice make the rule prospective.’
Jurisdiction: United States
This case is cited by:

  • Cited – National Westminster Bank plc v Spectrum Plus Limited and others HL ([2005] 3 WLR 58, [2005] 2 AC 680, [2005] 4 All ER 209, [2005] All ER (D) 368, [2005] 2 Lloyds Rep 275, [2005] 2 BCLC 269, [2005] BCC 694, Bailii, [2005] UKHL 41, House of Lords, Times 31-Jul-05)
    The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority.
    Held: The . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 228287