TABLEOFCASES
AvBottrill [2002]UKPC44,[2003]1AC449,555
AbbeyDevelopmentsLtdvPPBrickworkLtd [2003]EWHC1987(TCC),362–363
AbdelHadiAbdallahAlQahtani&SonsBeverageIndustryCovAntliff [2010]EWHC 1735(Comm),506–507
AbuDhabiNationalTankerCovProductStarShippingLtd(TheProductStar)(No2) [1993]1Lloyd’sRep397,72–73
ABvCD [2014]EWCACiv229,[2015]1WLR771,43,149–150
ABvSouthWestWaterServicesLtd [1993]QB507(CA),318
AcerInvestmentManagementLtdvTheMansionGroupLtd [2014]EWHC3011, 360–361
ActavisUKLtdvEliLilly&Co [2014]EWHC1511(Pat),[2014]4AllER331,491–492, 512–514
AddisvGramophoneCoLtd [1909]AC488,321–322,328–329,339–340,555
AerospacePublishingvThamesWaterUtilitiesLtd [2007]EWCACiv3,[2007]BusLR 726,242–243
AgnewvCommissionerforInlandRevenue [2001]UKPC28,[2001]2AC710,425
A-GofBelizevBelizeTelecomLtd [2009]UKPC10,[2009]1WLR1988, 360–365
AhmadandAnother,Rv [2014]UKSC36,[2015]AC299,535
AIBGroup(UK)plcvMarkRedlerandCo [2014]UKSC58,[2015]AC1503,311
AilsaCraigFishingCoLtdvMalvernFishingCoLtd [1983]1WLR964,43
AkaiHoldingsLtdvRSMRobsonRhodesLLP [2007]EWHC1641(Ch),148
AkicivLRButlinLtd [2005]EWCACiv1296,349
AlfaFinanceHoldingsADvQuarzwerkeGmbH [2015]EWHC243,102
AlfredMcAlpineConstructionLtdvPanatownLtd [2001]1AC518,219–226,399
AllcardvSkinner (1887)36ChD145,157
AllenvSirAlfredMacAlpine&SonsLtd [1968]2QB229(CA),231
AlliedMaplesGroupLtdvSimmons&Simmons [1995]1WLR1602(CA),233–235, 239–240,272–273,274–277,287–289
AlphaTradingLtdvDunnshaw-PattenLtd [1981]QB290(CA),92
AmacaPtyLtdvBooth [2011]HCA53,(2011)283ALR461,290
AmbleAssetsLLP(InAdministration)vLongbentonFoodsLtd [2011]EWHC3774,397
AmecDevelopmentsLtdvJury’sHotelManagement(UK)Ltd [2001]1EGLR81,132
AMECPropertiesLtdvPlanningResearch&SystemsPlc [1992]1EGLR70(CA),122
AmericanCyanamidCovEthiconLtd(No1) [1975]AC396,296
AMEVUDCFinanceLtdvAustin (1986)162CLR170(HCA),372
AnchorBrewhouseDevelopmentsLtdvBerkleyHouse(DocklandsDevelopments)Ltd [1987]2EGLR173,128
AndrewsvANZBankingGroupLtd [2012]HCA30,(2012)247CLR205,368, 374–375,391
Anfield(UK)vBankofScotlandplc [2010]EWHC2374(Ch),[2011]1WLR2414, 444–445,454–455
AngliaTelevisionvReed [1972]1QB60,242,244–245
AntaiosCompaniaSAvSalenRederiernaAB(TheAntaios) [1985]AC191 (HL),346
AracivFallon [2011]EWCACiv668,[2011]LLR440,147–148
ArchervBrown [1985]QB401(QBD),336
AriesTankerCorpvTotalTransportLtd [1977]1WLR185(HL),471,474–476
ArmoryvDelamirie (1722)1Strange505,93ER664,229–232 ArmstrongDLWGmbHvWinningtonNetworksLtd [2012]EWHC10(Ch),[2013]Ch 156,315
ArnoldvBritton [2015]UKSC36,[2015]AC1619,69–74,346
AshworthvRoyalNationalTheatre [2014]EWHC1176,[2014]4AllER238,91–93, 113–114,148
ASMShippingLtdofIndiavTTMILtdofEngland(‘TheAmerEnergy’) [2009]1Lloyd’ s Rep.293(QB),547–548
AsphalticWoodPavementCo,Re (1885)30ChD216,430
AstleyvWeldon (1801)2B&P346,126ER1318,372
AtticaSeaCarriersCorpvFerrostaalPoseidonBulkReedereiGmbH(ThePuerto Buitrago) [1976]1Lloyd’sRep250(CA),60,62–63,82,91,124–125
AttorneyGeneralvBlake [2001]1AC268(HL),99–101,106–107,120,213,294–297, 299–300,301–302,304–306,307,549–551
AustotelPtyLtdvFranklinsSelfservePtyLtd (1989)16NSWLR582(NSWCA),26 AustralianConsolidatedPressLtdvUren [1969]1AC590,329 AveryvBowden (1855)5E&B714,119ER647,69
BagwellCoatingsIncvMiddleSouthEnergyInc 797F2d1298(5th Cir1986)(US),240
BankofBostonConnecticutvEuropeanGrainandShippingLtd(TheDominique) [1989] AC1056(HL),77,468,471–472,479–482
BankofCreditandCommerceInternationalSA,Re(No8) [1996]Ch245(CA),419, 420,421,484
BankofCreditandCommerceInternationalSAvAli [2001]UKHL8,[2002]1AC 251,28
BanqueFinancièredelaCitévParc(Battersea)Ltd [1999]1AC221,437–439,443–444, 445,450,454–455
BarclaysBankPlcvBoulter [1999]1WLR1919,152
BarclaysBankvO’Brien [1994]1AC180,152
BarclaysBankvUnicreditBankAG [2012]EWHC3655(Comm),[2013]2Lloyd’sRep 1,90–93
BarnardvZarbafi [2010]EWHC3256,384
BarnesvEastendersCashandCarryPlc [2014]UKSC26,[2015]AC1,404–405
BaronessWenlockvTheRiverDeeCo (1887)19QBD155(CA),446
BaronsFinanceLtdvKensingtonMortgageCo [2011]EWCACiv1592,444
BathandNorthEastSomersetDCvMowlemPlc [2004]EWCACiv115,[2015]1WLR 785,149
BeaufortDevelopments(NI)LtdvGilbert-AshNILtd [1999]1AC266,33
BeconwoodSecuritiesPtyLtdvANZBankingGroup [2008]FCA594,[2008]66ACSR 116(FedCtAust),424
BeechwoodBirminghamLtdvHoyerGroupUKLtd [2010]EWCACiv647,243
BelmarshMagistrates’ CourtexpWatts,Rv [1999]2CrAppR188,530
BelmontParkInvestmentsPtyLtdvBNYCorporateTrusteeServicesLtd [2011]UKSC 38,[2012]1AC383,416,433,435
BenedettivSawiris [2013]UKSC50,[2014]AC938,308
Berwick,Rv [2007]EWCACrim3297,[2008]2CrAppR(S)31,534
BhasinvHrynew (2014)SCC71,[2014]3SCR494,72
BigelowvRKORadioPicturesInc 66SCt574(1946),230,240
BigginvPermanite [1951]1KB422,232
BimKemiABvBlackburnChemicalsLtd [2001]EWCACiv457,[2001]2Lloyd’sRep 93,470,486–488
BirminghamCorpvSowsbery [1970]RTR84,243
BirminghamMagistrates’ Court,R(Barry)v [2009]EWHC2571(Admin),[2010]1Cr AppR13,527
BlackvSFreedmanandCo [1910]HCA58,(1910)12CLR105,315
BluestormLtdvPortvaleHoldingsLtd [2004]2EGLR38(CA),487
BluewaterEnergyServicesBVvMerconSteelStructuresBV [2014]EWHC2132 (TCC),363
BMSComputerSolutionsLtdvABAgriLtd [2010]EWHC464(Ch),66 BNPParibasvWockhardtEUOperations(Swiss)AG [2009]EWHC3116(Comm), 347–348,354
BoardmanvPhipps [1967]2AC46(HL),314
BofingervKingswayGroup [2009]HCA44,(2009)239CLR269,438
BoodleHatfield&CovBritishFilmsLtd (1986)2BCC99221,454 Borders(UK)LtdvCommissionerofPoliceoftheMetropolisandAnother [2005]EWCA Civ197,[2005]PoLR1,537–538
BoscawenvBajwa [1996]1WLR328(CA),449–450,452,457,458–459 BostonDeepSeaFishing&IceCovAnsell (1888)39ChD339(CA),80 Boucher,Rv [1955]SCR16,530
BournemouthUniversityHigherEducationCorpvBuckland [2010]EWCACiv121, [2011]QB323,348
Boyland&SonLtdvRand [2006]EWCACiv1860,[2007]HLR24,180
BoyovLambethLBC [1994]ICR727,81,94–97
BPExplorationvHunt(No2) [1979]1WLR783(QB),affd[1983]2AC352,250, 253–257
BradfordCorporationvPickles [1895]AC587(HL),129
BraganzavBPShippingLtd [2015]UKSC17,[2015]1WLR1661,363
BrentMagistrates’ Court,R(OntheApplicationofVuciterni)v [2012]EWHC2140 (Admin),[2012]CTLC171,518
BrentMagistrates’ Court,R(OntheApplicationofVuciterni)v [2013]EWHC910 (Admin),518
BreslinvMcKevitt [2011]NICA33,330
BridgemanvGreen (1757)Wilm58,97ER22,161
BridgeUKComLtdvAbbeyPynfordPlc [2007]EWHC728,250
BridgevCampbellDiscountCoLtd [1962]AC600,367
BrienvDwyer [1978]HCA50,(1978)141CLR378,401–404
BristolGroundschoolLtdvIntelligentDataCaptureLtd [2014]EWHC2145(Ch), 360–361
Bristol&WestBuildingSocietyvMothew [1998]Ch1(CA),114
BritishAirwaysplcvUnitetheUnion [2009]EWHC3541(QB),[2010]IRLR423,468, 472–473
BritishAnzani(Felixstowe)LtdvInternationalMarineManagement(UK)Ltd [1980] QB137,245
BritishColumbiaandVancouverIslandSpar,LumberandSawMillCompanyLtd vNettleship [1868]LR3CP499,65,72–73,363
BritishTelecommunicationsplcvTelefónicaO2UKLtd [2014]UKSC42,[2014]BusLR 765,421
BroadvCommissionerofStampDuties(NSW) [1980]2NSWLR40,364
BrogdenvInvestecBankplc [2014]EWHC2785(Comm),322–324,329–331, 339–340
BroomevCassell&CoLtd [1972]AC1027,231,234
BrowingvBrachers [2005]EWCACiv753,[2005]PNLR44,284
BrownvMinistryofDefence [2006]EWCACiv546,552
BungeSAvNideraBV [2015]UKSC43,[2015]3AllER1082,360 BurgerKingCorpvHungryJack’sPtyLtd [2001]NSWCA187,444
BurstonFinanceLtdvSpeirwayLtd [1974]1WLR1648(Ch),320 ButterworthvButterworth [1920]P126,393
BysouthvShireofBlackburnandMitcham(No2) [1928]VLR562 (VSCFC),367,397
CadoganPetroleumHoldingsLtdvGlobalProcessSystemsLLC [2013]EWHC214 (Comm),[2013]2Lloyd’sRep26,422–424,427
CaissePopulaireDesjardinsdel’EstdeDrummondvCanada(‘Drummond’) [2009]SCC 29,[2009]2SCR94,232
CannonvHartley [1949]Ch213(Ch),154
CapitaAlternativeFundServices(Guernsey)LtdvDriverJonas [2012]EWCACiv1417, [2013]1EGLR119,360–361
CarandUniversalFinanceCoLtdvCaldwell [1965]1QB525,533
CarewatchCareServicesLtdvFocusCaringServicesLtd [2014]EWHC2313,142–144
Carrington,Rv [2014]EWCACrim325,[2014]2CrApR(s)41,444
Carr-SaundersvDickMcNeilAssociatesLtd [1986]1WLR922,250
CastlePhillipsFinanceCoLtdvPiddington (1995)70P&CR592(CA),8,42,106, 366–383,384–387,391–395,404–405,548,562
CatnicComponentsLtdvHill&SmithLtd [1983]FSR512,94
CavendishSquareHoldingBVvTalalElMakdessi [2015]UKSC67,[2016]AC1172, 239–240,272–273,275–276
CerberusSoftwareLtdvRowley [2001]EWCACiv78,[2001]ICR376,288
ChaplinvHicks [1911]2KB786,534
ChappelvHart [1998]HCA55,(1998)195CLR232,421,430
Chappell,Rv (1985)80CrAppR31(CA),495
ChargeCardServicesLtd,Re(No2) [1987]Ch150,156
ChaseManhattanBankNAvIsrael-BritishBank(London)Ltd [1981]Ch 105,444–445
ChattertonvGerson [1981]QB432,273,287–289
Cheltenham&GloucesterplcvAppleyard [2004]EWCACiv291,444
ChestervAfshar [2004]UKHL41,[2005]1AC134,319
ChetwyndvAllen [1899]1Ch353,424
ChoudhuryvGarcia [2013]EWHC3283,92
ChowYoongHongvChoongFahRubberManufactory [1962]AC209(PC),530 CIABarcadePanamaSAvGeorgeWimpey&CoLtd [1980]1Lloyd’sRep598 (CA),447
CityofWestminsterMagistrates’ Court,R(Dacre)v [2008]EWHC1667(Admin), [2009]1WLR2241,60–62,76,88,90–93,109–110,547
ClarkvInFocusAssetManagement&TaxSolutionsLtd [2012]EWHC3669(QB), [2013]PNLR14,404–405
CleaShippingCorpvBulkOilInternationalLtd(TheAlaskanTrader)(No2) [1984]1 AllER129(ComCt),370
CloughMillLtdvMartin [1985]1WLR111(CA),88,92
ClydebankEngineering&ShipbuildingCoLtdvDonJoseRamosYzquierdoyCastaneda [1905]AC6,359
ColleyvOverseasExporters [1921]3KB302,137–138 ComauUKLtdvLotusLightweightStructuresLtd [2014]EWHC2122(Comm),476
ComicEnterpriseLtdvTwentiethCenturyFoxFilmCorp [2016]EWCACiv455,[2016] BUSLR849,242
CommissionerofTaxationvBamford [2010]HCA10,(2010)240CLR481, 407–408,411
CommonwealthvAmannAviationPtyLtd (1992)174CLR64,400
ComrofPublicWorksvHills [1906]AC368(PC),250
ComrofTaxationvRelianceCarpetCoPtyLtd [2008]HCA22,(2008)236CLR 342,446
CooksonvKnowles [1979]AC556,530
CookvItalianoFamilyFruitCoPtyLtd [2010]FCA1355,(2010)190FCR474,332
Cook,Rv (1997)114CCC(3d)481,91–93,101,102,103–104,120,121,296
Co-operativeGroup(CWS)LtdvPritchard [2011]EWCACiv329,[2012]QB320, 127–144
Co-operativeInsuranceSocietyLtdvArgyllStores(Holdings)Ltd [1998]AC1(HL),136
CoventryvLawrence [2014]UKSC13,[2014]AC822,496
CowpervLaidler [1903]2Ch337,527
CoxvErgoVersicherungAG [2014]UKSC22,[2014]AC1379,323
CPS,R(OntheApplicationofGujra)v [2012]UKSC52,[2013]1AC484,534
CrawfordsburnInnLtdvGraham [2013]NIQB79,534
CrownCourtatIpswich,R(Faithfull)v [2007]EWHC2763(Admin),[2008]1WLR 1636,528
CrownCourtatLiverpooland&Another,exparteCooke,Rv [1997]1WLR700 (QB),95
Cubitt,Rv [1889]22QBD622,384–387
CucksonvStones (1858])1El&El248(KB),120ER902,95
CukurovaFinanceInternationalLtdvAlfaTelecomTurkeyLtd [2013]UKPC20,[2016] AC923,535
CummingsvCharlesConnell&Co(Shipbuilders)Ltd 1968SC305,343–344,348, 355–356,357–358
Cuthbertson,Rv [1981]AC470(HL),244–245
DalkiaUtilitiesServicesplcvCeltechInternationalLtd [2006]EWHC63(Comm), [2006]1Lloyd’sRep599,276–277
DatalinerLtdvVehicleBuilders&RepairersAssociation (CA)(unreported1995),444 DaviesvTaylor [1974]AC207(HL),81,90,93–94
DayvTiutaInternationalLtd [2014]EWCACiv1246,104
Decro-WallInternationalSAvPractitionersinMarketing [1971]1WLR361,156
DeFrancescovBarnum [1890]45ChD430(Ch),83,94–97
DemeraraBauxiteCoLtdvHubbard [1923]AC673,105
DenmarkProductionsvBoscobelProductions [1969]1QB699,132–133
DennevLight (1857)8DM&G774,515
DennisvMinistryofDefence [2003]EWHC793(QB),[2003]2EGLR121,294–297
DerbyCarandVanRental,KevinOverton,R(HouseofCarsLtd)v [2012]CTLC62, 360–361
DevenishNutritionLtdvSanofi-AventisSA(France) [2008]EWCACiv1086,[2009]Ch 390,156
D&GCarsLtdvEssexPoliceAuthority [2015]EWHC226(QB),404
Dica,Rv [2004]EWCACrim1103,[2004]QB1257,81
DiesvBritishandInternationalMiningandFinanceCorpLtd [1939]1KB 724(KB),248
DietmannvBrentLBC [1987]ICR737,529
DirectorGeneralofFairTradingvFirstNationalBankPlc [2001]UKHL52,[2002]1AC 481,231
DirectorofPublicProsecutions,expDuckenfield,Rv [2000]1WLR55,284
DixonvClementJones [2004]EWCACiv1005,[2005]PNLR6,312–313
DixonvJohnWere [2004]EWHC2273,144–145
DoevKersey (CPunreported)(1795),346
DohertyvAllman (1878)3AppCas709(HL),231,232
DominionCorporateTrusteesLtdvDebenhamsPropertiesLtd [2010]EWHC1193, 520–522
DoubleGCommunicationsLtdvNewsGroupInternationalLimited [2011]EWHC961, 321,336
DPP,expHallas,Rv (1988)87CrAppR340,70–71
DranevEvangelou [1978]1WLR455(CA),89,370,371,379
DSNDSubseaLtdvPetroleumGeoServicesASA [2000]BLR530(QB),444
DunlopvGrote (1845)2Car&K153,175ER64,159
EagleStarInsuranceLtdvKarasiewicz [2002]EWCACiv940,234
EarlofChesterfieldvJanssen (1750)2VesSen125,28ER82,122
EarlofMalmesburyvStrutt&Parker [2007]EWHC999(QB),[2007]PNLR29,248
ECInvestmentHoldingPteLtdvRidoutEstatePteLtd [2011]2SLR232(HC),[2012]1 SLR32(CA),471,472–473
EconomicLifeAssuranceSocietyvUsborne [1902]AC147,249
EdlingtonPropertiesLtdvJHFenner&CoLtd [2006]EWCACiv403,[2006]1WLR 1583,555
EdmundsvLloydsItalico&l’AncoraCo [1986]1WLR492(CA),539
EdwardsvChesterfieldRoyalHospitalNHSFoundationTrust [2011]UKSC58,[2012]2 AC22,170
Edwards,Rv [1998]2CrAppR(S)213(CA),348
ElAjouvDollarLandHoldings [1993]3AllER717(Ch),32 EllisTylinLtdvCo-operativeRetailServicesLtd [1999]BLR205,367 ELOldendorff &CoGmbHvTradaxExportSA(TheJohannaOldendorff) [1974]AC 479,554,403
Else(1982)vParklandHoldings [1994]1BCLC130(CA),173
Elson(InspectorofTaxes)vPricesTailorsLtd [1963]1WLR287,468
EntickvCarrington (1765)19StatTr1029,95ER807,30
EPellas&CovNeptuneMarineInsuranceCo (1879)5CPD34(CA),468,475
EquitableLifeAssuranceSocietyvHyman [2002]1AC408,531
EquitasLtdvWalshamBros&CoLtd [2013]EWHC3264(Comm),[2014]PNLR 8,472
EsherandWaltonJusticesexpVictorValue&CoLtd,Rv [1967]111SJ473,523–526
EssoPetroleumCoLtdvMilton [1997]1WLR938(CA),523–526
EssoPetroleumvNiad [2001]EWHCCh458,[2001]AllER(D)324,523–526
Evans&OthersvSFO [2014]EWHC3803(QB),[2015]1WLR3526,502–503
Evans&Others,Rv [2014]1WLR2817(CC),302,305
Evans&Others,Rv [2015]EWHC263(QB),[2015]1WLR3595,371
ExcaliburVenturesLLCvTexasKeystoneInc [2013]EWHC2767,279–282,290–291
ExperienceHendrixLLCvPPXEnterprisesInc [2003]EWCACiv323,[2003]1AllER (Comm)830,105
ExportsCreditsGuaranteeDepartmentvUniversalOilProductsCo [1983]1WLR399 (HL),113
FairchildvGlenhavenFuneralServicesLtd [2002]UKHL22,[2003]1AC32,231
FalckevGray (1859)4Drew651,62ER250,231,232,466,474–476
FarleyvSkinner [2001]UKHL49,[2002]2AC732,469,472,477–484
FeakinsvBurstow [2005]EWHC1931,32
FearnsvAnglo-DutchPaintandChemicalCoLtd [2010]EWHC2366(Ch),[2011]1 WLR366,69,81
FederalCommerceandNavigationCoLtdvMolenaAlphaInc(TheNanfri) [1978]QB 927(CA),148
FederalCommerce&NavigationCoLtdvTradaxExportSA(TheMarathaEnvoy) [1978]AC1,297–298,316–317
FercometalSARLvMediterraneanShippingCoSA(TheSimona) [1989]AC788 (HL),307
FerraraQuayLtdvCarillionConstructionLtd [2009]BLR367,444,454–455,457–459 FHREuropeanVenturesLtdvCedarCapitalPartnersLLC [2014]UKSC45,[2015]AC 250,468
FieldCommonLtdvElmbridgeBC [2008]EWHC2079,350–353,354,357–358,360
FilbyvMortgageExpress(No2) [2004]EWCACiv759,253–254,255–256,507–514
FilrossSecuritiesLtdvMidgeley [1998]3EGLR43(CA),468 FinancingsLtdvBaldock [1963]2QB104(CA),393–395 FionaTrustandHoldingCorpvPrivalov [2011]EWHC664(Comm),236–241
FiorelliPropertiesPtyLtdvProfessionalFencemakersPtyLtd [2011]VSC661,552 FirmaC-TradeSAvNewcastleProtectionandIndemnityAssociation(TheFanti) [1989] 1Lloyd’sRep239(CA),revd[1991]2AC1,426–427
FirstInterstateBankofCaliforniavCohenArnold&Co [1996]PNLR17(CA),416 FlameSAvGloryWealthShippingPteLtd(TheGloryWealth) [2013]EWHC3153 (Comm),[2014]QB1080,301–302
FlightlineLtdvEdwards [2003]EWCACiv63,[2003]1WLR1200,348–350 FoleyvHill [1848]2HLC28,9ER1002,92
ForceIndiaFormulaOneTeamLtdv1MalaysiaRacingTeamSdnBhd [2012]EWHC 616(Ch),[2012]RPC29,141–142
ForceIndiaFormulaOneTeamLtdvEtihadAirwaysPJSC [2010]EWCACiv1051, 170,443–444,452
ForemanStateTrust&SavingsBankvTauber (1932)180NE827,83
Forsyth-GrantvAllen [2008]EWCACiv505,[2008]2EGLR16,182
FoskettvMcKeown [2001]1AC102,80
FrancisvMunicipalCouncillorsofKualaLumpur [1962]1WLR1411(PC),558
FretwellvGraves (HCunreported2005),347
FrostvKnight (1871–72)LR7Ex111,286
FultonShippingIncofPanamavGlobaliaBusinessTravelSAU [2015]EWCACiv 1299,533
FuYuanFoodstuff ManufacturerPteLtdvMethodistWelfareServices [2009]3SLR(R) 925,529
GalooLtdvBrightGrahameMurray [1994]1WLR1360(CA),56–58,76
Ganyo,Rv [2012]1CrAppR(S)108,470
GatesheadJustices,expTescoStoresLtd,Rv [1981]QB470(QB),80
GatorShippingCorporationvTrans-AsiaticOilLtdandOccidentialShipping Establishment (TheOdenfeld)[1978]2Lloyd’sRep357(ComCt),398
GeldofMetaalconstructieNVvSimonCarvesLtd [2010]EWCACiv667,(2010)130 ConLR37,424
GeneralBillpostingCoLtdvAtkinson [1909]AC118(HL),453
TheGeneralTradingCo(Holdings)LtdvRichmondCorpLtd [2008]EWHC1479,348
GeorgeInglefieldLtd,Re [1933]Ch1,444,454
GertschvAtsas [1999]NSWSC898,102
GeysvSociétéGénérale [2012]UKSC63,[2013]1AC523,213,239,243–244,302,306
GhanaCommercialBankvChandiram [1960]AC732(PC),356,393–395
GibbsvDavid (1875)LR20Eq373,347
GiedovanderGardeBVvForceIndiaFormulaOneTeamLtd [2010]EWHC2373(QB), 272–273,547,550–551,552
Gilbert-Ash(Northern)LtdvModernEngineering(Bristol)Ltd [1974]AC689(HL), 183,188–190
GloliteLtdvJasperConranLtd (ChDunreported1998),80
GoldenStraitCorpvNipponYusenKubishikaKaisha(TheGoldenVictory) [2007] UKHL12,[2007]2AC353,94–97
GoldHarpPropertiesLtdvMacLeod [2014]EWCACiv1084,[2015]1WLR1249, 136,302
GoldingvLondon&EdinburghInsuranceCoLtd (1932)43LlLRep487(CA),469,472
GoodmanvPocock (1850)15QB576,117ER577(KB),337
GottvLawrence [2016]EWHC68(Ch),152,161–165
GovernmentofNewfoundlandvNewfoundlandRailwayCo (1888)13AppCas199,361
GrayvMotorAccidentCommission (1998)196CLR1,240,272–273,277,278–279, 282–284
GreatPeaceShippingLtdvTsavlirisSalvage(International)Ltd [2002]EWCACiv1407, [2003]QB679,402
GreencloseLtdvNationalWestminsterBankplc [2014]EWHC1156(Ch),105
GreggvScott [2005]UKHL2,[2005]2AC176,164–165
GribbonvLutton [2001]EWCACiv1956,[2002]QB902,313
GriffithvSpratley (1787)1CoxEqCas383,29ER1213,162
Griffiths,Inre [2008]EWCH118(Ch),[2009]Ch162,529
GrimaldivChameleonMiningNL(No2) [2012]FCAFC6,(2012)200FCR296,231
GristvBailey [1967]Ch532,81,96
GuildfordMagistrates’ Court,R(Charlson)v [2006]EWHC2318,362–363
GulBottlers(PVT)LtdvNicholsplc [2014]EWHC2173(Comm),38–40,252–253,372
GuntonvRichmonduponThamesLBC [1981]Ch448,444
HadleyDesignAssociatesLtdvTheLordMayorandCitizensoftheCityofWestminster [2003]EWHC1617(TCC),444
HadleyvBaxendale [1854]9Exch341,156ER145,467,469,471,472–473,474–476
HalifaxBuildingSocietyvThomas [1996]Ch217(CA),66–67
HalifaxMortgageServicesLtdvMuirhead (1998)78P&CR419(CA),495–497, 498–499,500–503
HalifaxplcvOmar [2002]EWCACiv121,301–302
HallvBurnell [1911]2Ch551(Ch),536
HanakvGreen [1958]2QB9(CA),319
HarbingerUKLtdvGEInformationServicesLtd [2000]1AllER(Comm)166 (CA),400
HardingvWealands [2004]EWCACiv1735,[2005]1WLR1539,[2006]UKHL32, [2007]2AC1,424
HarrisvWilliams-Wynne [2006]EWCACiv104,[2006]2PandCR27,327
Harvey,Rv [2013]EWCACrim1104,[2005]EWCACrim1366,95
HassanvCooper [2015]EWHC540(QB),[2015]RTR26,95
HavynPtyLtdvWebster [2005]NSWCA182,(2005)12BPR22,80–82
HelbyvMatthews [1895]AC471(HL),136–137,194
HendersonvMerrettSyndicatesLtd [1995]2AC145(HL),28
Henderson-WilliamsvDavis (CAunreported1999),231
HenthornandTaylorvCentralElectricityGeneratingBoard [1980]IRLR361(CA),536 HeymanvDarwinsLtd [1942]AC356(HL),80–82
HigsonvGuenault [2014]EWCACiv703,89–90
HIHCasualtyandGeneralInsuranceLtdvChaseManhattanBank [2003]UKHL6, [2003]2Lloyd’sRep61,510
HillvCAParsons&Co [1972]Ch305(CA),29 HirtensteinvHillDickinsonLLP [2014]EWHC2711,555 HMAdvocatevMcIntosh(No.1) [2003]1AC1078(PC),530
HochstervDeLaTour (1853)2E&B678,118ER922,183,186–188,194–195, 302–303,307,308
HoenigvIsaacs [1952]2AllER176(CA),324
HoffmannvKrieg [1988]ECR645,272,275,277,278,279–280,282–284
HoffmanvRedOwlStoresInc 133NW2d267(1965),517–518,519
HoldervHolder [1968]Ch353(CA),181
HondaCanadaIncvKeays [2008]SCC39,(2008)294DLR(4th)371,76,82,91,104
HopevWalker [1900]1Ch257(CA),80–82
HorseferryRoadMagistrates’ Court,expBennett,Rv [1994]1AC42,397,402–404
HorsfordvBird [2006]UKPC3,80
HospitalityGroupPtyLtdvAustralianRugbyUnionLtd [2001]FCA1040,(2001)110 FCR157,260–261
HotsonvEastBerkshireAHA [1987]AC750,360
Hounsham,Rv [2005]EWCACrim1366,128
HounslowLBCvPowell [2011]UKSC8,[2011]2AC186,243
HounslowLBCvTwickenhamGardenDevelopmentsLtd [1971]Ch233,534
HowardvPickfordTool [1951]1KB417(CA),403
HowevSmith (1884)27ChD89(CA),114
HowievAnderson (1848)10D355,533
HungerfordsvWalker [1989]HCA8,(1989)171CLR125,231
HunterValleySkydivingCentrePtyLtdvCentralCoastAeroClubLtd [2008]NSWSC 539,72
HuntervCanaryWharf [1997]AC655,393,394–395
HuntvOptima(Cambridge)Ltd [2013]EWHC681,303–304
HydevEmery [1984]6CrAppR(S)206(CA),33,345–346
IannellovSharpe [2007]NSWCA61,[2007]69NSWLR452,147
ImutranLtdvUncagedCampaignsLtd [2001]2AllER385(Ch),53,58–60,76,81,82, 90,91,147,547
InnospecLtd,Rv [2010]Lloyd’sRepFC462,127
IntercityTelecomLtdvSolanki [2015]2CostsLR315,547–548
InterfotoPictureLibraryLtdvStilettoVisualProgrammesLtd [1989]QB433(CA),421 InterstarWholesaleFinancePtyLtdvIntegralHomeLoansPtyLtd [2008]NSWCA310, (2008)257ALR292,233–235
InverugieInvestmentsLtdvHackett [1995]1WLR713(PC),218 InvestorsCompensationSchemeLtdvWestBromwichBuildingSociety [1998]1WLR 896,106,120,136,138,193–194,554–555
IranivSouthamptonandSouthWestHampshireHA [1985]ICR590,547–548
IsabellaShipownerSAvShagangShippingCoLtd(TheAquafaith) [2012]EWCH1077 (Comm),[2012]2AllER(Comm)461,399
IsenbergvEastIndiaHouseEstateCoLtd (1863)DeGJ&S263,46ER637,297
IspatIndustriesLtdvWesternBulkPteLtd [2011]EWHC93,250,253–254,255–256
JacksonvEsandaFinanceCorporationLtd [1993]11ACLC138,534,537–538
JacksonvRBS [2005]UKHL3,[2005]1WLR377,507
Jacob&Youngs,IncvKent 230NY239(1921),105
JaggardvSawyer [1995]1WLR269,535
JamesGrimesPartnershipLtdvGubbins [2013]EWCACiv37,[2013]BLR126,292
JamesvHill [2004]NSWCA301,367,391–395
Jarvis(deceased),Re [1958]1WLR815(Ch),287
JauravAhmed [2002]EWCACiv210,115
Jawad,Rv [2013]EWCACrim644,[2013]1WLR3861,493–497
JeffordvGee [1970]2QB130(CA),554–555
JeffreysvJeffreys (1841)Cr&Ph138,41ER443,337
Jennings,Rv [2008]UKHL29,[2008]1AC1046,306
JetiviaSAvBilta(UK)Ltd [2015]UKSC23,[2016]AC1,307,308–309
JobsonvJohnson [1989]1WLR1026,290
JohnDWood&Co(Residential&Agricultural)LtdvKnatchbull [2002]EWHC2822, 527–528
JohnGrimesvGubbins [2013]EWCACiv37,[2013]PNLR17,250,253–254,262–263, 506–507
JohnPfeifferPtyLtdvRogerson [2000]HCA36,(2000)203CLR503,444
JohnsonvAgnew [1980]AC367(HL),199
JohnvMGNLtd [1997]QB586(CA),353
JonesvRicohLtd [2010]EWHC1743(Ch),132
JonesvRuth [2011]EWCACiv804,[2012]1WLR1495,137
JonesvSecretaryofStateforEnergyandClimateChange [2012]EWHC2936,195
JonesvWhalley [2006]UKHL41,[2007]1AC63,293
JSCBTABankvAblyazov [2013]EWHC867(Comm),272,275
KalivChawla [2007]EWHC2357(Ch),[2008]BIPR415,92
KellyvSolari (1841)9M&W54,152ER24,319,323,329–330,339–340,555
KenericTractorSalesLtdvLangille [1987]2SCR440,250
KennardvCoryBros&CoLtd [1922]2Ch1(CA),279
KennawayvThompson [1981]QB88(CA),252
KerryIngredients(UK)LtdvBakkavorGroupLtd [2016]EWHC2448,231
KetleyvGooden (1997)73P&CR305,178
KingstreetInvestmentsLtdvNewBrunswick(Finance) [2007]1SCR3,394 KitchenvRAFAssociation [1958]2AllER241,122
KleinertvAbossoGoldMiningCo (1913)58SJ45(PC),[1913]UKPC52(PC),138 KuddusvChiefConstableofLeicestershireConstabulary [2001]UKHL29,[2002]2AC 122,234
KuwaitAirwaysCorpvKuwaitInsuranceCoSAK(No2) [2000]1AllER(Comm) 972,162
LadyHoodofAvalonvMacKinnon [1909]1Ch476(Ch),104,121,145–148 LaferrièrevLawson [1991]1SCR541,114,128,183,188 LagdenvO’Connor [2003]UKHL64,[2004]1AC1067,421,427
LAlbert&SonvArmstrongRubber 178F2d182(2dCir1949),454–455
LambethLBCvRumbelow (ChDunreported2001),471
LancoreServicesLtdvBarclaysBankplc [2009]EWCACiv752,[2010]1AllER 763,222
LandcoAlbanyLtdvFuHaoConstructionLtd [2006]2NZLR174(CA),402
LanevO’BrienHomes [2004]EWHC303,236
LangfordvHebron [2001]EWCACiv361,462
LaurencevLexcourtHoldingsLtd [1978]1WLR1128,92
LauritzenCoolABvLadyNavigationInc [2005]EWCACiv579,[2005]1WLR3686, 247,264–267
LawrencevFenTigersLtd [2014]UKSC13,[2014]AC822,122
LehmanBrothersInternational,Re(Europe)(InAdministration) [2012]EWHC2997 (Ch),[2014]2BCLC295,230
LehmanCommercialMortgageConduitLtdvGatedaleLtd [2012]EWHC848,355
LeonCorpvAtlanticLinesandNavigationCoInc(TheLeon) [1985]2Lloyd’sRep470 (Ch),363,429–435
LindenGardensTrustLtdvLenestaSludgeDisposalLtd [1994]1AC85,353,354
LinggiPlantationsLtdvJagatheesan [1972]1MLJ89(PC),249–253,259–267
LionNathanLtdvC-CBottlersLtd [1996]1WLR1438,80–82
LipkinGormanvKarpnaleLtd [1991]2AC548,370,380
LittlevCourageLtd [1995]70P&CR469(CA),348–350
LittlewoodsLtdvHMRC [2015]EWCACiv515,[2016]Ch373,144–145
LoanInvestmentCorporationofAustralasiavBonner [1970]NZLR724,120,122,143, 301–302
LockevUS 283F2d521(USCtCl1960),400
LocklandBuildersLtdvRickwood (1995)46ConLR92,306
LomasvJFBFirthRixsonInc [2012]EWCACiv419,[2012]2AllER(Comm)1076,124
LombardNorthCentralplcvButterworth [1987]QB527(CA),92
LondonChathamandDoverRlyCovSouthEasternRlyCo [1893]AC429,162
LondonTransportExecutivevClarke [1981]ICR355(CA),506–507
LordFitzhardinghevPurcell [1908]2Ch139(ChD)145,42,64–67,367,370–383, 384–387
LordsvaleFinancePlcvBankofZambia [1996]QB752,276
LSchulerAGvWickmanMachineToolSalesLtd [1974]AC235(HL),173
LumleyvWagner (1852)1DeGM&G604,42ER687,276
LunnPolyLtdvLiverpool&LancashirePropertiesLtd [2006]EWCACiv430,[2007] L&TR6,179–180
LuongDinhLuuvSovereignDevelopmentsPtyLtd [2006]NSWCA40,(2006)12BPR 23,629,181,190–192
LuxeHoldingLtdvMidlandResourcesHoldingLtd [2010]EWHC1908(Ch),136
LysaghtvEdwards (1876)2ChD499,181
MackayvDick (1881)6AppCas251(HL),398
MageevPennineInsuranceCoLtd [1969]2QB507,344
MahervGroupamaGrandEst [2009]EWCACiv1191,[2010]1WLR1564,360
MakdessivCavendishSquareHoldingsBV [2013]EWCACiv1539,[2014]2AllER (Comm)125,95
MalecvJCHuttonPtyLtd [1990]HCA20,(1990)169CLR638,231
MalikvFassenfelt [2013]EWCACiv798,[2013]3EGLR99,510
MallettvMcMonagle [1970]AC166(HL),424
ManchesterAirportplcvDutton [2000]QB133,231
ManchesterCCvPinnock [2010]UKSC45,[2011]2AC104,279–282,290–291
ManchesterCorporationvFarnworth [1930]AC171(HL),493–497
ManchesterShipCanalDevelopmentsLtdvPersonsUnknown [2014]EWHC645,180
ManufacturersHousePtyLtdvAshingtonNo147PtyLtd [2005]NSWSC767,(2005)12 BPR23,243–244
MardorfPeach&CoLtdvAtticaSeaCarriersCorpofLiberia(TheLaconia) [1977]AC 850,274
Marks&SpencerplcvBNPParibasSecuritiesServicesTrustCompany(Jersey)Ltd [2015]UKSC72,[2016]AC742,527
MasoodvZahoor [2008]EWHC1034(Ch),437–439,441–442,449–450,461–464
MathiesonvClintons [2013]EWHC3056(Ch),343–344
MatraCommunicationsSAvHomeOffice [1999]1WLR1646,319
McEntirevCrossley [1895]AC457(HL),250
McFaddensvPlatford [2009]EWHC126,370
McGheevNationalCoalBoard [1973]1WLR1(HL),80
McKainvRWMiller&Co(SA)PtyLtd (1991)174CLR1,96
McPhailvPersonsUnknown [1973]Ch447,348,363,364
McRaevCommonwealthDisposalsCommission (1951)84CLR377,398
McWilliamsvSirWilliamArrol&CoLtd [1962]1WLR295,506–507
MediaProtectionServicesLtdvCrawford [2012]EWHC2373(Admin),[2013]1WLR 1068,95
MenelaouvBankofCyprusUKLtd [2015]UKSC66,[2016]AC176,132,134–136
MercuriaEnergyTradingPteLtdvCitibankNA [2015]EWHC1481,309
MersonvCartwright [2005]UKPC38,76,87,89–90
MetalBoxLtdvCurrysLtd [1988]1WLR175,480
Metro-GoldwynMayerPtyLtdvGreenham [1966]2NSWR717,289
MichaelvHart&Co [1902]1KB482,196
MicklefieldvSACTechnologyLtd [1990]1WLR1002(HC),353
MidEssexHospitalServicesNHSTrustvCompassGroupUKandIrelandLtd(t/a Medirestme) [2013]EWCACiv200,351
Midill(97PL)LtdvParkLaneEstatesLtd [2008]EWCACiv1227,[2009]1WLR 2460,231
MidlandInternationalTradeServicevAlSudairy (QBunreported1990),64–67,72–74, 78,80–82,364
MilesvWakefieldMetropolitanDC [1987]AC539(HL),313–314
MillervJackson [1977]QB966(CA),297–298
MinistryofDefencevAshman [1993]2EGLR102,370,380,399
MinistryofSound(Ireland)LtdvWorldOnlineLtd [2003]EWHC2178(Ch),[2003]2 AllER(Comm)823,474,486–488
MiwaPtyLtdvSiantanPropertiesPteLtd [2011]NSWCA297,319
MontgomeryvLanarkshireHealthBoard [2015]UKSC11,[2015]AC1430,364
MoodyvSteggles (1879)12ChD261,453
MorrisvRobertJonesInvestmentsLtd [1994]2NZLR275(CA),279
MoschivLepAirServicesLtd [1973]AC331(HL),355,358,359
MountvBarkerAustin [1998]PNLR493,398
MSCMediterraneanShippingCompanySAvCottonexAnstalt [2015]EWHC283 (Comm),[2015]1Lloyd’sRep359,446
MSFashionsLtdvBankofCreditandCommerceInternationalSA (No2)[1993]Ch425 (CA),400,405–406,407–408
MuchinskyvDodds (1985)160CLR583,529
MuradvAl-Saraj [2005]EWCACiv959,[2005]WTLR1573,554–555
MurrayvLeisureplayPlc [2005]EWCACiv963,[2005]IRLR946,76
MuscatvSmith [2003]EWCACiv962,[2003]1WLR2853,176
MuusevSecretaryofStatefortheHomeDepartment [2010]EWCACiv453,152
MyersvKestrelAcquisitionsLtd [2015]EWHC916(Ch),511–512
NationalAustraliaBankLtdvRusu [2010]NSWSC32,242
NaxakisvWesternGeneralHospital [1999]HCA22,(1999)197CLR269,402
NewlandShippingandForwardingLtdvTobaTradingFZC [2014]EWHC661 (Comm),301–302,304–306
NgvAshleyKing(Developments)Ltd [2010]EWHC456(Ch),[2011]Ch115,424
NiruBatteryManufacturingCovMilestoneTrading(No2) [2004]EWCACiv487, [2004]2AllER(Comm)289,135
NLSPtyLtdvHughes [1966]HCA63,(1966)120CLR583,235–241
NorthamptonMagistrates’ Court,R(Latham)v [2008]EWHC245,529
OakacreLtdvClaireCleaners(Holdings)Ltd [1982]Ch197,145–148
OceanMarineNavigationLtdvKochCarbonInc(TheDynamic) [2003]EWHC1936 (Comm),[2003]2Lloyd’sRep693,249–252
OdogwuvVastguideLtd [2008]EWHC3565,403
OgilvievLittleboy (1897)13TLR399(CA),229,236–241
OJSCTNK-BPHoldingvLazurenko [2012]EWHC2781,65,72–73 OmakMaritimeLtdvMamolaChallengerShippingCo [2010]EWHC2026(Comm), [2011]2AllER(Comm)155,8,42,106,366–374,380,381–382
OmarvEl-Wakil [2001]EWCACiv1090,[2002]2P&CR3,197,199–200
OneStep(Support)LtdvMorris-Garner [2014]EWHC2213(QB),[2015]IRLR 215,106
OrionFinanceLtdvCrownFinancialManagementLtd [1996]2BCLC78,194
OttercroftLtdvScandiaCareLtd [2016]EWCACiv867,71–72
Ownersofthe ‘FrontACE’ vOwnersofthe ‘Vicky1’ [2008]EWCACiv101,[2008]1CLC 229,287
PacioccovAustralianandNewZealandBankingGroupLimited [2014]FCA52,(2014) 309ALR249,107,143,300–304
PageOneRecordsvBritton [1968]1WLR157(Ch),300,307
PagevNewman [1829]9B&C378,109ER140,324
PalmervTemple [1839]9A&E508,112ER1304,432
ParabolaInvestmentsLtdvBrowalliaCalLtd [2010]EWCACiv486,[2011]QB477 (CA),370,380
ParagonFinanceplcvNash [2001]EWCACiv1466,[2002]1WLR685,231
ParkingEyeLtdvBeavis [2015]EWCACiv402,[2015]RTR27,4–5,77,81,100,351, 371,540–541
ParshallvHackneyLBC [2013]EWCACiv240,152,161–165
PatelvAli [1985]Ch283,243–244
PatelvWHSmith(Eziot)Ltd [1987]1WLR853,534
PayzuLtdvSaunders [1919]2KB581(CA),243
PearsonvSandersWitherspoon [2000]PNLR110(CA),231,232
PellFrischmannEngineeringLtdvBowValleyIranLtd [2009]UKPC45,[2011]1WLR 2370,32
PenarthDockEngineeringCoLtdvPounds [1963]1Lloyd’sRep359,177–179
PerformanceIndustriesLtdvSylvanLakeGolf&TennisClubLtd [2002]SCC19,[2002] 1SCR678,250–251,252–253,260,268–271
PerpetualTrusteeCoLtdandanothervBNYCorporateTrusteeServicesLtd [2009] EWCACiv1160,[2010]Ch347,8,368
PhilipsHongKongLtdvAttorneyGeneralofHongKong (1993)61BLR41(PC),301
PhillipsvWhatley [2007]UKPC28,[2007]PNLR27,444–445,453
PhotoProductionLtdvSecuricorTransportLtd [1980]AC827(HL),231
PittvHolt [2013]UKSC26,[2013]2AC108,353
PlayupInteractiveEntertainment(UK)PtyLtdvGivemefootballLtd [2011]EWHC 1980(Comm),137–138
Pola,Rv [2009]EWCACrim655,[2010]1CrAppR(S)6,264
PortmanBuildingSocietyvBevanAshford [2000]1EGLR81,367
PortonCapitalTechnologyFundsv3MUKHoldingsLtd [2011]EWHC2895,407
PostlethwaitevFreeland (1880)5AppCas599,622,106,380
PowellvMcFarlane (1977)38P&CR452,334
PresidentofIndiavLaPintada [1985]AC104,215–219
PrestvPetrodelResourcesLtd [2013]UKSC34,[2013]2AC415,498
PrimaryGroup(UK)LtdvRoyalBankofScotlandplc [2014]EWHC1082(Ch),[2014]2 AllER(Comm)1121,102
PrimlakeLtdvMatthewsAssociates [2009]EWHC2774,231
PritchardJoyce&HindsvBatcup [2008]EWHC20(QB),[2008]PNLR18(appeal allowed[2009]EWCACiv369,[2009]PNLR28),197–199,307–308, 309–310,319
ProgressiveMailingHousePtyLtdvTabaliPtyLtd [1985]HCA14,(1985)157CLR 17,232
ProphetplcvHuggett [2014]EWHC615(Ch),[2014]IRLR618,453
PrudentialAssuranceCovHMRC [2013]EWHC3249(Ch),[2014]STC1236,469, 471–472,473–474
PublicWorksComrvHills [1906]AC368,66
PyevBritishAutomobileCommercialSyndicateLtd [1906]1KB425,128
QuadrantVisualCommunicationsLtdvHutchisonTelephone(UK)Ltd [1993]BCLC 442(CA),289
RaczvHomeOffice [1994]2AC45,146–147
RadfordvDeFroberville [1977]1WLR1262,76,547
RaiffeisenZentralbankOsterreichAGvFiveStarGeneralTradingLLC [2001]EWCA Civ68,360,364
RainbowEstatesLtdvTokenholdLtd [1999]Ch64,427–428,432
RamcoLtdvWellerRussell&LawsInsuranceBrokersLtd [2008]EWHC2202,430
RamzanvBrookwideLtd [2011]EWCACiv985,[2012]1AllER903,346–348
RatcliffevEvans [1892]2QB524(CA),339–340
RaulfsvFishyBiteLtd [2008]NSWSC1195,83
RawsonvSamuel (1841)Cr&Ph161,41ER451,81
ReardonSmithLineLtdvYngvarHansen-Tangen [1976]1WLR989,391
RedlandBricksLtdvMorris [1970]AC652(HL),479,487
ReesvDarlingtonMemorialNHSTrust [2003]UHKL52,[2004]1AC309,52, 99–101,103
RegentInternationalHotels(UK)LtdvPageguideLtd (unreported1985),371,372
ReichmanvvBeveridge [2006]EWCACiv1659,[2007]BusLR412,528
RenardConstructions(ME)PtyLtdvMinisterforPublicWorks (1992)26NSWLR234, 318,322–324,329–331,335–338,339–340,533
RevenueandCustomsCommissionersvFootballLeagueLtd [2012]EWHC1372(Ch), [2012]BusLR1539,231
RevenueandCustomsCommissionersvMillichap [2011]BPIR145,[2011]CLY1876, 404–405
Rice(t/aGardenGuardian)vGreatYarmouthBC [1998]1WLR896(HL), 323–324,555
RichesvNewsGroupNewspapers [1986]1QB256(CA),528
RidgevBaldwin [1964]AC40(HL),30
RigbyvFerodoLtd [1988]ICR29,63,111,211–219,224,555
RingrowPtyLtdvBPAustraliaPtyLtd [2005]HCA71,(2005)224CLR656,222
RoadshowEntertainmentPtyLtdv(ACN053006269)PtyLtd (1997)42NSWLR462 (CA),239
RobinsonvHarman (1848)1Ex850,154ER363,83
RobophoneFacilitiesLtdvBlank [1996]1WLR1428,472
Rollins,Rv [2010]1WLR1922,483
RookesvBarnard [1964]AC1129(HL),349–350
RosserlaneConsultantsLtdvCreditSuisseInternational [2015]EWHC384,243–244 RoxboroughvRothmansofPallMallAustraliaLtd [2001]HCA68,(2001)208CLR516, 148–149,367
RoyalBankofCanadavWGot&AssociatesElectricLtd [1999]3SCR408,230
RSPCAvWoodhouse [1984]CLY693(CC),521–522
RTSFlexibleSystemsLtdvMolkereiAloisMüllerGmbH&CoKG(UKProduction) [2010]UKSC14,[2010]1WLR753,453
RuxleyElectronicsandConstructionLtdvForsyth [1996]AC344(HL),297
StMartin’sPropertyCorporationLtdvSirRobertMcAlpineLtd [1994]1AC85, 538–539
SalfordCityCouncilvTorkington [2004]EWCACiv1646,[2004]51EG89(CS),178, 179–180
SandersvErnestANeale [1974]ICR565,319
SankeyvTheHelpingHandsGroupplc [2000]CPRep11,430
SantirenShippingLtdvUnimarineSA [1981]1AllER340(QB),320
SavvavHussein (1997)73P&CR150(CA),159
SavvavHussein [1996]2EGLR65(CA),288
ScandinavianTradingTankerCoABvFlotaPetroleraEcuatoriana(TheScaptrade) [1983]2AC694(HL),159
SchonfeldvHilliard 218F3d164(2dCir2000)(US),122,123–124
ScopelightvChiefConstableofNorthumbria [2009]EWCACiv1156,[2010]QB438, 245,247,252–253,259–267,268–271,504–507
ScotlifeHomeLoans(No2)LtdvMelinek [1999]78P&CR389(CA),530
SeagervCopydexLtd [1967]1WLR923(CA),301–302
Seale,Rv [2014]EWCACrim650,547–548
SecretaryofStatefortheEnvironment,FoodandRuralAffairsvMeier [2009]UKSC11, [2009]1WLR2780,170
SecretaryofStatefortheHomeDepartment,R(Lamari)v [2013]EWHC3130,231
SecretaryofStateforTradeandIndustryvFrid [2004]UKHL24,[2004]2AC506,250
SecretaryofStateforTransport,expFactortameLtd,Rv(No5) [1998]1CMLR 1353,358
SeddonvTheNorthEasternSaltCoLtd [1905]1Ch326,353
SellarsvAdelaidePetroleumNL (1994)179CLR332,279–282
SelwayvFogg (1839)5M&W83,151ER36,305
SemelhagovParamadevan [1996]2SCR415,31
SempraMetalsLtd(formerlyMetallgesellschaftLtd)vInlandRevenueCommissioners [2007]UKHL34,[2008]1AC561,479
SerifSystemsLtd,Re [1997]EWHCAdmin369,[1997]CLY1373,519
SevernTrentWaterLtdvBarnes [2004]EWCACiv570,[2004]2EGLR95,425, 484–486
ShahvHSBCPrivateBank(UK)Ltd [2012]EWHC1283(QB),363
ShalsonvRusso [2003]EWHC1637(Ch),[2005]Ch281,75,78–79,84–87,89,92–93, 94–97,147–148
SharifvGarrett&Co [2001]EWCACiv1269,[2002]1WLR3118,72–73,363–365
ShearsonLehmanHuttonIncvMaclaineWatson&CoLtd(No2) [1990]3AllER723, 161–165
ShelfervCityofLondonElectricLightingCompany [1895]1Ch287(CA),402
ShellEgyptWestManzalaGmbHvDanaGasEgyptLtd [2010]EWHC465(Comm), 71–72
ShevillvBuildersLicensingBoard [1982]HCA47,(1982)149CLR620,287
SienkiewiczvGrief(UK)Ltd [2011]UKSC10,[2011]2AC229,123
TheSineNomine [2002]1Lloyd’sRep805,181
SkanskaRashleighWeatherfoilLtdvSomerfieldStoresLtd [2006]EWCACiv1732,326
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CHAPTER I.
The parts of Arcadia near Argolis are inhabited by the people of Tegea and Mantinea. They and the other Arcadians are the inland division of the Peloponnese. For the Corinthians come first at the Isthmus: and next them by the sea are the Epidaurians: and by Epidaurus and Trœzen and Hermion is the Gulf of Argolis, and the maritime parts of Argolis: and next are the states of the Lacedæmonians, and next comes Messenia, which touches the sea at Mothone and Pylos and near Cyparissiæ. At Lechæum the Sicyonians border upon the Corinthians, being next to Argolis on that side: and next to Sicyon are the Achæans on the sea-shore, and the other part of the Peloponnese opposite the Echinades is occupied by Elis. And the borders between Elis and Messenia are by Olympia and the mouth of the Alpheus, and between Elis and Achaia the neighbourhood of Dyme. These states that I have mentioned border on the sea, but the Arcadians live in the interior and are shut off from the sea entirely: from which circumstance Homer describes them as having come to Troy not in their own ships but in transports provided by Agamemnon.[18]
The Arcadians say that Pelasgus was the first settler in their land. It is probable that others also came with Pelasgus and that he did not come alone. For in that case what subjects would he have had? I think moreover that Pelasgus was eminent for strength and beauty and judgment beyond others, and that was why he was appointed king over them. This is the description of him by Asius.
“Divine Pelasgus on the tree-clad hills Black Earth brought forth, to be of mortal race.”
And Pelasgus when he became king contrived huts that men should be free from cold and rain, and not be exposed to the fierce sun, and also garments made of the hides of pigs, such as the poor now use in Eubœa and Phocis. He was the inventor of these comforts. He too taught people to abstain from green leaves and grass and roots that
were not good to eat, some even deadly to those who eat them. He discovered also that the fruit of some trees was good, especially acorns. And several since Pelasgus’ time have adopted this diet, so much so that the Pythian Priestess, when she forbade the Lacedæmonians to touch Arcadia, did so in the following words, “Many acorn-eating warriors are there in Arcadia, who will keep you off. I tell you the truth, I bear you no grudge.”
And it was they say during the reign of Pelasgus that Arcadia was called Pelasgia.
[18] Iliad, ii. 612.
CHAPTER II.
And Lycaon the son of Pelasgus devised even wiser things than his father. For he founded the town Lycosura on the Mountain Lycæus, and called Zeus Lycæus, and established a festival to him called the Lycæa. I do not think the Pan-Athenæa was established by the Athenians earlier, for their games were called Athenæa till the time of Theseus, when they were called Pan-Athenæa, because when they were then celebrated all the Athenians were gathered together into one city. As to the Olympian games—which they trace back to a period earlier than man, and in which they represent Cronos and Zeus wrestling, and the Curetes as the first competitors in running—for these reasons they may be passed over in the present account. And I think that Cecrops, king of Athens, and Lycaon were contemporaries, but did not display equal wisdom to the deity. For Cecrops was the first to call Zeus supreme, and did not think it right to sacrifice anything that had life, but offered on the altar the national cakes, which the Athenians still call by a special name, (pelani). But Lycaon brought a baby to the altar of Lycæan Zeus, and sacrificed it upon it, and sprinkled its blood on the altar. And they say directly after this sacrifice he became a wolf instead of a man. This tale I can easily credit, as it is a very old tradition among the Arcadians, and probable enough in itself. For the men who lived in those days were guests at the tables of the gods in consequence of their righteousness and piety, and those who were good clearly met with honour from the gods, and similarly those who were wicked with wrath, for the gods in those days were sometimes mortals who are still worshipped, as Aristæus, and Britomartis of Crete, and Hercules the son of Alcmena, and Amphiaraus the son of Œcles, and besides them Castor and Pollux. So one might well believe that Lycaon became a wolf, and Niobe the daughter of Tantalus a stone. But in our day, now wickedness has grown and spread all over the earth in all towns and countries, no mortal any longer becomes a god except in the language of excessive flattery,[19] and the wicked receive wrath from the gods very late and only after their departure from this
life. And in every age many curious things have happened, and some of them have been made to appear incredible to many, though they really happened, by those who have grafted falsehood on to truth. For they say that after Lycaon a person became a wolf from a man at the Festival of Lycæan Zeus, but not for all his life: for whenever he was a wolf if he abstained from meat ten months he became a man again, but if he tasted meat he remained a beast. Similarly they say that Niobe on Mount Sipylus weeps in summer time. And I have heard of other wonderful things, as people marked like vultures and leopards, and of the Tritons speaking with a human voice, who sing some say through a perforated shell. Now all that listen with pleasure to such fables are themselves by nature apt to exaggerate the wonderful, and so mixing fiction with truth they get discredited.
[19] e.g., as used to the Roman Emperors, divus.
CHAPTER III.
The third generation after Pelasgus Arcadia advanced in population and cities. Nyctimus was the eldest son of Lycaon and succeeded to all his power, and his brothers built cities where each fancied. Pallas and Orestheus and Phigalus built Pallantium, and Orestheus built Oresthasium, and Phigalus built Phigalia. Stesichorus of Himera has mentioned a Pallantium in Geryoneis, and Phigalia and Oresthasium in process of time changed their names, the latter got called Oresteum from Orestes the son of Agamemnon, and the former Phialia from Phialus the son of Bucolion. And Trapezeus and Daseatas and Macareus and Helisson and Thocnus built Thocnia, and Acacus built Acacesium. From this Acacus, according to the tradition of the Arcadians, Homer invented a surname for Hermes. And from Helisson the city and river Helisson got their names. Similarly also Macaria and Dasea and Trapezus got their names from sons of Lycaon. And Orchomenus was founder of Methydrium and Orchomenus, which is called rich in cattle by Homer in his Iliad.[20] And Hypsus built Melæneæ and Hypsus and Thyræum and Hæmoniæ: and according to the Arcadians Thyrea in Argolis and the Thyreatic Gulf got their name from Thyreates. And Mænalus built Mænalus, in ancient times the most famous town in Arcadia, and Tegeates built Tegea, and Mantineus built Mantinea. And Cromi got its name from Cromus, and Charisia from Charisius its founder, and Tricoloni from Tricolonus, and Peræthes from Peræthus, and Asea from Aseatas, and Lycoa from Lyceus, and Sumatia from Sumateus. And both Alipherus and Heræus gave their names to towns. And Œnotrus, the youngest of the sons of Lycaon, having got money and men from his brother Nyctimus, sailed to Italy, and became king of the country called after him Œnotria. This was the first colony that started from Greece, for if one accurately investigates one will find that no foreign voyages for the purpose of colonization were ever made before Œnotrus.
With so many sons Lycaon had only one daughter Callisto. According to the tradition of the Greeks Zeus had an intrigue with
her And when Hera detected it she turned Callisto into a she-bear, whom Artemis shot to please Hera. And Zeus sent Hermes with orders to save the child that Callisto was pregnant with. And her he turned into the Constellation known as the Great Bear, which Homer mentions in the voyage of Odysseus from Calypso,
“Looking on the Pleiades and late-setting Bootes, and the Bear, which they also call Charles’ wain.”[21]
But perhaps the Constellation merely got its name out of honour to Callisto, for the Arcadians shew her grave.
[20] Iliad, ii. 605.
[21] Odyssey, v 272, 273
CHAPTER IV.
And after the death of Nyctimus Arcas the son of Callisto succeeded him in the kingdom. And he introduced sowing corn being taught by Triptolemus, and showed his people how to make bread, and to weave garments and other things, having learnt spinning from Adristas. And in his reign the country was called Arcadia instead of Pelasgia, and the inhabitants were called Arcadians instead of Pelasgi. And they say he mated with no mortal woman but with a Dryad Nymph. For the Nymphs used to be called Dryades, and Epimeliades, and sometimes Naiades, Homer in his poems mainly mentions them as Naiades.[22] The name of this Nymph was Erato, and they say Arcas had by her Azan and Aphidas and Elatus: he had had a bastard son Autolaus still earlier. And when they grew up Arcas divided the country among his 3 legitimate sons, Azania took its name from Azan, and they are said to be colonists from Azania who dwell near the cave in Phrygia called Steunos and by the river Pencala. And Aphidas got Tegea and the neighbouring country, and so the poets call Tegea the lot of Aphidas. And Elatus had Mount Cyllene, which had no name then, and afterwards he migrated into what is now called Phocis, and aided the Phocians who were pressed hard in war by the Phlegyes, and built the city Elatea. And Azan had a son Clitor, and Aphidas had a son called Aleus, and Elatus had five sons, Æpytus and Pereus and Cyllen and Ischys and Stymphelus. And when Azan died funeral games were first established, I don’t know whether any other but certainly horseraces. And Clitor the son of Azan lived at Lycosora, and was the most powerful of the kings, and built the city which he called Clitor after his own name. And Aleus inherited his father’s share. And Mount Cyllene got its name from Cyllen, and from Stymphelus the well and city by the well were both called Stymphelus. The circumstances attending the death of Ischys, the son of Elatus, I have already given in my account of Argolis. And Pereus had no male offspring but only a daughter Neæra, who married Autolycus,
who dwelt on Mount Parnassus, and was reputed to be the son of Hermes, but was really the son of Dædalion.
And Clitor the son of Azan had no children, so the kingdom of Arcadia devolved upon Æpytus the son of Elatus. And as he was out hunting he was killed not by any wild animal but by a serpent, little expecting such an end. I have myself seen the particular kind of serpent. It is a very small ash-coloured worm, marked with irregular stripes, its head is broad and its neck narrow, it has a large belly and small tail, and, like the serpent they call the horned serpent, walks sideways like the crab. And Æpytus was succeeded in the kingdom by Aleus, for Agamedes and Gortys, the sons of Stymphelus, were great-grandsons of Arcas, but Aleus was his grandson, being the son of Aphidas. And Aleus built the old temple to Athene Alea at Tegea, which he made the seat of his kingdom. And Gortys, the son of Stymphelus, built the town Gortys by the river called Gortynius. And Aleus had three sons, Lycurgus and Amphidamas and Cepheus, and one daughter Auge. According to Hecatæus Hercules, when he came to Tegea, had an intrigue with this Auge, and at last she was discovered to be with child by him, and Aleus put her and the child in a chest and let it drift to sea. And she got safely to Teuthras, a man of substance in the plain of Caicus, and he fell in love with her and married her. And her tomb is at Pergamus beyond the Caicus, a mound of earth with a stone wall round it, and on the tomb a device in bronze, a naked woman. And after the death of Aleus Lycurgus his son succeeded to the kingdom by virtue of being the eldest. He did nothing very notable except that he slew by guile and not fairly Areithous a warrior. And of his sons Epochus died of some illness, but Ancæus sailed to Colchi with Jason, and afterwards, hunting with Meleager the wild boar in Calydon, was killed by it. Lycurgus lived to an advanced old age, having survived both his sons.
[22] e.g. Odyssey, xiii. 104.
CHAPTER V.
And after the death of Lycurgus Echemus, the son of Aeropus the son of Cepheus the son of Aleus, became king of the Arcadians. In his reign the Dorians, who were returning to the Peloponnese under the leadership of Hyllus the son of Hercules, were beaten in battle by the Achæans near the Isthmus of Corinth, and Echemus slew Hyllus in single combat being challenged by him. For this seems more probable to me now than my former account, in which I wrote that Orestes was at this time king of the Achæans, and that it was during his reign that Hyllus ventured his descent upon the Peloponnese. And according to the later tradition it would seem that Timandra, the daughter of Tyndareus, married Echemus after he had killed Hyllus. And Agapenor, the son of Ancæus and grandson of Lycurgus, succeeded Echemus and led the Arcadians to Troy And after the capture of Ilium the storm which fell on the Greeks as they were sailing home carried Agapenor and the Arcadian fleet to Cyprus, and he became the founder of Paphos, and erected the temple of Aphrodite in that town, the goddess having been previously honoured by the people of Cyprus in the place called Golgi. And afterwards Laodice, the daughter of Agapenor, sent to Tegea a robe for Athene Alea, and the inscription on it gives the nationality of Laodice.
“This is the robe which Laodice gave to her own Athene, sending it from sacred Cyprus to her spacious fatherland.”
And as Agapenor did not get home from Ilium, the kingdom devolved upon Hippothous, the son of Cercyon, the son of Agamedes, the son of Stymphelus. Of him they record nothing notable, but that he transferred the seat of the kingdom from Tegea to Trapezus. And Æpytus the son of Hippothous succeeded his father, and Orestes the son of Agamemnon, in obedience to the oracle of Apollo at Delphi, migrated to Arcadia from Mycenæ. And Æpytus the son of Hippothous presuming to go into the temple of Poseidon at Mantinea, (though men were not allowed to enter it either then or now,) was struck blind on his entrance, and died not long afterwards.
And during the reign of Cypselus, his son and successor, the Dorians returned to the Peloponnese in ships, landing near the Promontory of Rhium, not as three generations earlier attempting to return by way of the Isthmus of Corinth, and Cypselus, hearing of their return, gave his daughter in marriage to Cresphontes, the only unmarried son of Aristomachus, and thus won him over to his interests, and he and the Arcadians had now nothing to fear. And the son and successor of Cypselus was Olæas, who, in junction with the Heraclidæ from Lacedæmon and Argos, restored his sister’s son Æpytus to Messene. The next king was Bucolion, the next Phialus, who deprived Phigalus, (the founder of Phigalia, and the son of Lycaon), of the honour of giving his name to that town, by changing its name to Phialia after his own name, though the new name did not universally prevail. And during the reign of Simus, the son of Phialus, the old statue of Black Demeter that belonged to the people of Phigalia was destroyed by fire. This was a portent that not long afterwards Simus himself would end his life. And during the reign of Pompus his successor the Æginetans sailed to Cyllene for purposes of commerce. There they put their goods on beasts of burden and took them into the interior of Arcadia. For this good service Pompus highly honoured the Æginetans, and out of friendship to them gave the name of Æginetes to his son and successor: who was succeeded by his son Polymestor during whose reign Charillus and the Lacedæmonians first invaded the district round Tegea, and were beaten in battle by the men of Tegea, and also by the women who put on armour, and Charillus and his army were taken prisoners. We shall give a further account of them when we come to Tegea. And as Polymestor had no children Æchmis succeeded, the son of Briacas, and nephew of Polymestor. Briacas was the son of Æginetes but younger than Polymestor. And it was during the reign of Æchmis that the war broke out between the Lacedæmonians and Messenians. The Arcadians had always had a kindly feeling towards the Messenians, and now they openly fought against the Lacedæmonians in conjunction with Aristodemus king of Messenia. And Aristocrates, the son of Æchmis, acted insolently to his fellowcountrymen in various ways, but his great impiety to the gods I cannot pass over. There is a temple of Artemis Hymnia on the
borders between Orchomenus and Mantinea. She was worshipped of old by all the Arcadians. And her priestess at this time was a maiden. And Aristocrates, as she resisted all his attempts to seduce her, and fled at last for refuge to the altar near the statue of Artemis, defiled her there. And when his wickedness was reported to the Arcadians they stoned him to death, and their custom was thenceforward changed. For instead of a maiden as priestess of Artemis they had a woman who was tired of the company of men. His son was Hicetas, who had a son Aristocrates, of the same name as his grandfather, and who met with the same fate, for he too was stoned to death by the Arcadians, who detected him receiving bribes from Lacedæmon, and betraying the Messenians at the great reverse they met with at the Great Trench. This crime was the reason why all the descendants of Cypselus were deposed from the sovereignty of Arcadia.
CHAPTER VI.
In all these particulars about their kings, as I was curious, the Arcadians gave me full information. And as to the nation generally, their most ancient historical event is the war against Ilium, and next their fighting against the Lacedæmonians in conjunction with the Messenians; they also took part in the action against the Medes at Platæa. And rather from compulsion than choice they fought under the Lacedæmonians against the Athenians, and crossed into Asia Minor with Agesilaus, and were present at the battle of Leuctra in Bœotia. But on other occasions they exhibited their suspicion of the Lacedæmonians, and after the reverse of the Lacedæmonians at Leuctra they at once left them and joined the Thebans. They did not join the Greeks in fighting against Philip and the Macedonians at Chæronea, or in Thessaly against Antipater, nor did they fight against them, but they remained neutral. And they did not (they say) share in fighting against the Galati at Thermopylæ, only because they were afraid that, in the absence from home of the flower of their young men, the Lacedæmonians would ravage their land. And the Arcadians were of all the Greeks the most zealous members of the Achæan League. And all that happened to them that I could ascertain, not publicly but privately in their several cities, I shall describe as I come to each part of the subject.
The passes into Arcadia from Argolis are by Hysiæ and across the mountain Parthenium into the district of Tegea, and two by Mantinea through what are called Holm-Oak and Ladder Ladder is the broadest, and has steps cut in it. And when you have crossed that pass you come to Melangea, which supplies the people of Mantinea with water to drink. And as you advance from Melangea, about seven stades further, you come to a well called the well of the Meliastæ. These Meliastæ have orgies to Dionysus, and they have a hall of Dionysus near the well, and a temple to Aphrodite Melænis (Black). There seems no other reason for this title of the goddess, than that men generally devote themselves to love in the darkness of night, not like the animals in broad daylight. The other pass over
Artemisium is far narrower than Ladder-pass I mentioned before that Artemisium has a temple and statue of Artemis, and that in it are the sources of the river Inachus, which as long as it flows along the mountain road is the boundary between the Argives and Mantineans, but when it leaves this road flows thenceforward through Argolis, and hence Æschylus and others call it the Argive river.
CHAPTER VII.
As you cross over Artemisium into the district of Mantinea the plain Argum (unfruitful) will receive you, rightly so called. For the rain that comes down from the mountains makes the plain unfruitful, and would have prevented it being anything but a swamp, had not the water disappeared in a cavity in the ground. It reappears at a place called Dine. This Dine is at a place in Argolis called Genethlium, and the water is sweet though it comes up from the sea. At Dine the Argives used formerly to offer to Poseidon horses ready bridled. Sweet water comes up from the sea plainly here in Argolis, and also in Thesprotia at a place called Chimerium. More wonderful still is the hot water of Mæander, partly flowing from a rock which the river surrounds, partly coming up from the mud of the river. And near Dicæarchia (Puteoli) in Tyrrhenia the sea water is hot, and an island has been constructed, so as for the water to afford warm baths.
There is a mountain on the left of the plain Argum, where there are ruins of the camp of Philip, the son of Amyntas, and of the village Nestane. For it was at this village they say that Philip encamped, and the well there they still call Philip’s well. He went into Arcadia to win over the Arcadians to his side, and at the same time to separate them from the other Greeks. Philip one can well believe displayed the greatest valour of all the Macedonian kings before or after him, but no rightminded person could call him a good man, seeing that he trod under foot the oaths he had made to the gods, and on all occasions violated truces, and dishonoured good faith among men. And the vengeance of the deity came upon him not late, but early. For Philip had only lived 46 years when the oracle at Delphi was made good by his death, given to him they say when he inquired about the Persian war,
“The bull is crowned, the end is come, the sacrificer’s near.”
This as the god very soon showed did not refer to the Mede, but to Philip himself. And after the death of Philip his baby boy by
Cleopatra the niece of Attalus was put by Olympias with his mother into a brazen vessel over a fire, and so killed. Olympias also subsequently killed Aridæus. The deity also intended as it seems to mow down all the family of Cassander by untimely ends. For Cassander married Thessalonica the daughter of Philip, and Thessalonica and Aridæus had Thessalian mothers. As to Alexander all know of his early death. But if Philip had considered the eulogium passed upon Glaucus the Spartan, and had remembered that line in each of his actions,
“The posterity of a conscientious man shall be fortunate,”[23]
I do not think that there would have been any reason for any of the gods to have ended at the same time the life of Alexander and the Macedonian supremacy. But this has been a digression.
[23] See Herod. vi. 86. Hesiod, 285.
CHAPTER VIII.
And next to the ruins of Nestane is a temple sacred to Demeter, to whom the Mantineans hold a festival annually. And under Nestane is much of the plain Argum, and the place called Mæras, which is 10 stades from the plain. And when you have gone on no great distance you will come to another plain, in which near the high road is a fountain called Arne. The following is the tradition of the Arcadians about it. When Rhea gave birth to Poseidon, the little boy was deposited with the flocks and fed with the lambs, and so the fountain was called Arne, (lamb fountain). And Rhea told Cronos that she had given birth to a foal, and gave him a foal to eat up instead of the little boy, just as afterwards instead of Zeus she gave him a stone wrapt up in swaddling-clothes. As to these fables of the Greeks I considered them childish when I began this work, but when I got as far as this book I formed this view, that those who were reckoned wise among the Greeks spoke of old in riddles and not directly, so I imagine the fables about Cronos to be Greek wisdom. Of the traditions therefore about the gods I shall state such as I meet with.
Mantinea is about 12 stades from this fountain. Mantineus, the son of Lycaon, seems to have built the town of Mantinea, (which name the Arcadians still use), on another site, from which it was transferred to its present site by Antinoe, the daughter of Cepheus the son of Aleus, who according to an oracle made a serpent (what kind of serpent they do not record) her guide. And that is why the river which flows by the town got its name Ophis (serpent). And if we may form a judgment from the Iliad of Homer this serpent was probably a dragon. For when in the Catalogue of the Ships Homer describes the Greeks leaving Philoctetes behind in Lemnos suffering from his ulcer,[24] he did not give the title serpent to the watersnake, but he did give that title to the dragon whom the eagle dropped among the Trojans.[25] So it seems probable that Antinoe was led by a dragon.
The Mantineans did not fight against the Lacedæmonians at Dipæa with the other Arcadians, but in the Peloponnesian war they joined the people of Elis against the Lacedæmonians, and fought against them, with some reinforcements from the Athenians, and also took part in the expedition to Sicily out of friendship to the Athenians. And some time afterwards a Lacedæmonian force under King Agesipolis, the son of Pausanias, invaded the territory of Mantinea. And Agesipolis was victorious in the battle, and shut the Mantineans up in their fortress, and captured Mantinea in no long time, not by storm, but by turning the river Ophis into the city through the walls which were built of unbaked brick. As to battering rams brick walls hold out better even than those made of stone, for the stones get broken and come out of position, so that brick walls suffer less, but unbaked brick is melted by water just as wax by the sun. This stratagem which Agesipolis employed against the walls of Mantinea was formerly employed by Cimon, the son of Miltiades, when he was besieging Boges the Mede and the Persians at Eion on the Strymon. So Agesipolis merely imitated what he had heard sung of by the Greeks. And when he took Mantinea, he left part of it habitable, but most of it he rased to the ground, and distributed the inhabitants in the various villages. The Thebans after the battle of Leuctra intended to restore the Mantineans from these villages to Mantinea. But though thus restored they were not at all faithful to the Thebans. For when they were besieged by the Lacedæmonians they made private overtures to them for peace, without acting in concert with the other Arcadians, and from fear of the Thebans openly entered into an offensive and defensive alliance with the Lacedæmonians, and in the battle fought on Mantinean territory between the Thebans under Epaminondas and the Lacedæmonians they ranged themselves with the Lacedæmonians. But after this the Mantineans and Lacedæmonians were at variance, and the former joined the Achæan League. And when Agis, the son of Eudamidas, was king of Sparta they defeated him in self defence by the help of an Achæan force under Aratus. They also joined the Achæans in the action against Cleomenes, and helped them in breaking down the power of the Lacedæmonians. And when Antigonus in Macedonia was Regent for Philip, the father of Perseus, who was still a boy, and was
on most friendly terms with the Achæans, the Mantineans did several other things in his honour, and changed the name of their city to Antigonea. And long afterwards, when Augustus was about to fight the sea fight off the promontory of Apollo at Actium, the Mantineans fought on his side, though the rest of the Arcadians took part with Antony, for no other reason I think than that the Lacedæmonians were on the side of Augustus. And ten generations afterwards when Adrian was Emperor, he took away from the Mantineans the imported name of Antigonea and restored the old name of Mantinea.
[24] Iliad, ii 721-723
[25] Iliad, xii. 200-208.
CHAPTER IX.
And the Mantinæans have a double temple divided in the middle by a wall of partition, on one side is the statue of Æsculapius by Alcamenes, on the other is the temple of Leto and her children. Praxiteles made statues the third generation after Alcamenes. In the basement are the Muse and Marsyas with his pipe. There also on a pillar is Polybius the son of Lycortas, whom we shall mention hereafter. The Mantineans have also several other temples, as one to Zeus Soter, and another to Zeus surnamed Bountiful because he gives all good things to mankind, also one to Castor and Pollux, and in another part of the city one to Demeter and Proserpine. And they keep a fire continually burning here, taking great care that it does not go out through inadvertence. I also saw a temple of Hera near the theatre: the statues are by Praxiteles, Hera is seated on a throne, and standing by her are Athene and Hebe the daughter of Hera. And near the altar of Hera is the tomb of Arcas, the son of Callisto: his remains were brought from Mænalus in accordance with the oracle at Delphi.
“Cold is Mæenalia, where Arcas lies Who gave his name to all Arcadians. Go there I bid you, and with kindly mind Remove his body to the pleasant city, Where three and four and even five roads meet, There build a shrine and sacrifice to Arcas.”
And the place where the tomb of Arcas is they call the altars of the Sun. And not far from the theatre are some famous tombs, Vesta called Common a round figure, and they say Antinoe the daughter of Cepheus lies here. And there is a pillar above another tomb, and a man on horseback carved on the pillar, Gryllus the son of Xenophon. And behind the theatre are ruins of a temple of Aphrodite Symmachia and her statue, and the inscription on the basement of it states that Nicippe the daughter of Paseas offered it. And this temple was erected by the Mantineans as a record to posterity of the
seafight off Actium fought by them in conjunction with the Romans. And they worship Athene Alea, and have a temple and statue of her. They also regard Antinous as a god, his temple is the latest in Mantinea, he was excessively beloved by the emperor Adrian. I never saw him alive but have seen statues and paintings of him. He has also honours elsewhere, and there is a city near the Nile in Egypt called after him, and the following is the reason why he was honoured at Mantinea. He belonged by birth to the town Bithynium in Bithynia beyond the river Sangarius, and the Bithynians were originally Arcadians from Mantinea. That is why the Emperor assigned him divine honours at Mantinea, and his rites are annual, and games are held to him every fifth year. And the Mantineans have a room in the Gymnasium which has statues of Antinous, and is in other respects well worth a visit for the precious stones with which it is adorned and the paintings, most of which are of Antinous and make him resemble young Dionysus. And moreover there is an imitation here of the painting at Ceramicus of the action of the Athenians at Mantinea. And in the market-place the Mantineans have the brazen image of a woman, who they say is Diomenea the daughter of Arcas, and they have also the hero-chapel of Podares, who they say fell in the battle against Epaminondas and the Thebans. But three generations before my time they changed the inscription on the tomb to suit a descendant and namesake of Podares, who lived at the period when one could become a Roman Citizen. But it was the old Podares that the Mantineans in my time honoured, saying that the bravest (whether of their own men or their allies) in the battle was Gryllus the son of Xenophon, and next Cephisodorus of Marathon, who was at that time the Commander of the Athenian Cavalry, and next Podares.
