Judges: Lord Drummond Young Citations: [2013] ScotCS CSOH – 25 Links: Bailii Statutes: Administration of Justice Act 1972, Debtors (Scotland) Act 1987, Bankruptcy and Diligence etc (Scotland) Act 2007 Scotland, Insolvency Updated: 14 November 2022; Ref: scu.470958
(Extra Division, Inner House) Judges: Lady Smith Citations: [2013] ScotCS CSIH – 99, 2014 SLT 71, 2013 GWD 40-759 Links: Bailii Jurisdiction: Scotland Litigation Practice, Contract Updated: 25 July 2022; Ref: scu.518513
Citations: [2019] ScotCS CSOH – 15 Links: Bailii Jurisdiction: Scotland Litigation Practice Updated: 30 May 2022; Ref: scu.634484
[2014] ScotCS CSOH – 33 Bailii Scotland Updated: 30 November 2021; Ref: scu.521614
The complainant has requested the complaints handling manual and standard phrases recommended for use by complaints handlers at Her Majesty’s Court Service. After a protracted delay, the Ministry of Justice (MoJ?) provided some information but refused to provide the remainder citing section 31(1)(c) (prejudice to the administration of justice), section 42(1) (legal professional privilege) and … Continue reading Ministry of Justice (Decision Notice): ICO 28 Nov 2013
The case involved an appeal from the Land’s Tribunal arbitration award setting compensation for land to be acquired. The question was whether the value should have been that acceptable to a willing seller, or to a ‘a company regulated and subsidised by central government and subject to the political pressures as were the Claimants themselves’. … Continue reading Railtrack Plc (In Railway Administration) v Guinness Limited: CA 20 Feb 2003
Courts should be careful before allowing unqualified persons to represent other parties at court. Pleadings and similar documents must be signed by the party or their qualified legal representative. Others signing them may be in contempt of court and committing criminal offences. A McKenzie friend had no right to act as such, only the right … Continue reading Noueiri v Paragon Finance Plc (Practice Note): CA 19 Sep 2001
The court considered the existence of a power in the magistrates court to order a hearing to be held in camera and referred to section 11 of the 1981 Act. Watkins LJ said: ‘However, I am bound to say that I am impressed with the argument that the action taken by the justices in the … Continue reading Regina v Evesham Justices, ex parte McDonnagh: QBD 1988
The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal. Held: His appeal was allowed: ‘an anonymity order is … Continue reading Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016
(Hong Kong) The buyer brought an action for damages for breach of a contract for the sale of goods. The measure of damages was the difference between the contract price and the market value of the goods at the relevant date. The evidence called at trial was all directed to the market value of the … Continue reading Tai Hing Cotton Mill Limited v Kamsing Knitting Factory (A Firm): PC 27 Jul 1977
The claimant, the Rail regulator appealed a decision that he had to apply to court for directions under the 1986 Act before allowing other rail operators access to the track after the company had gone into railway administration. Held: Section 17 of the 1993 Act was sufficient to allow the regulator to make such an … Continue reading Winsor v Bloom and Others; In re Railtrack plc (in railway administration): CA 10 Jul 2002
The Administrators sought directions in relation to the treatment of redundancy payments which will be due if the Administrators terminate the contracts of certain employees of the Companies. Held: The liability of administrators to pay out for redundancy of unfair dismissal claims by employees during the period of administration was not a proper expense of … Continue reading Allders Department Stores Limited (In Administration) -In the Matter of the Insolvency Act 1986: ChD 16 Feb 2005
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation. Held: The respondent’s rejection of the recommendations in some cases lacked cogency and fell short of the requirement.Carnwath LJ said: ”Discussion: In considering the application of Bradley to … Continue reading Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury: Admn 15 Oct 2009
The pursuers sought recall of an arrestment issued against their ships by the defender. Citations: [1984] UKHL 8, [1985] 1 Lloyd’s Rep 181, 1985 SC (HL) 1, [1985] 1 All ER 129, 1985 SLT 68, [1985] 2 WLR 74, [1985] AC 255 Links: Bailii Statutes: Administration of Justice Act 1956 47(2)(e) Jurisdiction: Scotland Transport Updated: … Continue reading Gatoil International Inc v Arkwright-Boston Manufacturers Mutual Insurance Co (the Sandrina): HL 13 Dec 1984
(Judgment) Civil service – Contract staff – Pensions – Article 11 (2) of Annex VIII to the Staff Regulations – Transfer to the Union pension scheme of previously acquired pension rights under national schemes – Proposals for a subsidy of annuities made by the AHCC – Invitation to contact the administration for explanations and to … Continue reading Barroso Truta And Others v Court Of Justice Of The European Union: ECJ 20 Jul 2016
There had been a hearing in private. The defendant had publicised matters discussed, and the claimant now appealed against refusal of an order for committal for contempt. Held: The effect of section 12 was that publication would not be contempt unless it came within one of the subsections. This case did not, and there had … Continue reading AF Noonan (Architectural Practice Ltd) v Bournemouth and Boscombe Athletic Football Club Ltd: CA 2 Jul 2007
EAT Transfer of Undertakings: Consultation and Other Information; Transfer Practice and Procedure: Appellate Jurisdiction Nature of ‘undertaking’ for the purposes of TUPE: could there be a stable economic entity arising out of work done under contract where the contract could be terminated at will or others brought in to do the work in substitution? Could … Continue reading Balfour Beatty Power Networks Ltd Interserve Industrial Services Ltd v C Wilcox and 6 others A Seymour and 18 others I M Realisation Ltd (In Administration): EAT 2 Nov 2005
Judges: Lord Macfadyen Citations: [2003] ScotCS 357 Links: ScotC, Bailii Statutes: Administration of Justice (Scotland) Act 1972 Scotland Updated: 04 July 2022; Ref: scu.231592
The youth court had made an order that the victim could give evidence in-chief by video recording and the remainder of her evidence by television link. When the case came to trial before a differently constituted bench the defendant successfully applied to have the order of the first bench reversed. The Director of Public Prosecutions … Continue reading Regina v Acton Youth Court ex parte Director of Public Prosecutions: Admn 10 May 2000
The company raced in the Formula 1 series. Its main sponsors had been British American Tobacco, but because of restrictions of tobacco advertising, the company lost substantial revenue and fell in to loss, and entered into an individual voluntary arrangement. It had just signed a new joint venture agreement with Honda, when BAT called in … Continue reading In the Matter of British American Racing (Holdings) Limited; In the Matter of the Insolvency Act 1986: ChD 16 Dec 2004
ECJ According to article 177 of the Treaty it is for the national court and not the parties to the main action to bring a matter before the court of justice. Since the power to formulate the questions to be referred is vested in the national court alone the parties cannot alter the wording of … Continue reading Fratelli Grassi Fu Davide v Italian Finance Administration. (Questions Referred To The Court For A Preliminary Ruling): ECJ 15 Jun 1972
The administrators held cash. They proposed a distribution giving creditors who would on a winding up be preferential, full preference. They appealed refusal by the court to sanction the proposal. Held: The court had no power to make such an order. From the cases there were three sources for the court’s power to sanction, or … Continue reading In re Luna Metal Products Ltd (in Administration): CA 14 Dec 2006
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s administrators to assist it identifying who might else be liable. Held: The claimant could rely upon the … Continue reading First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004
(Rec 1991,p II-53) 1. In a case where reclassification is requested the decision appointing a person as a probationary official – which must be in writing, must have been taken by the appointing authority, must specify the date on which the appointment takes effect, and must assign the official to a post – is to … Continue reading Tagaras v Court of Justice: ECFI 7 Feb 1991
The prosecutor on a charge of driving with excess alcohol had failed to adduce evidence as to the calibration of the intoximeter. The magistrates allowed him to re-open his case. The defendant appealed. Held: The appeal was dismissed: ‘If the failure to adduce that evidence on the part of the prosecution is simply an oversight … Continue reading Antonio Leeson v Haringey Justices and Director of Public Prosecutions: Admn 26 Jul 1999
Collins J said: ‘So far as injustice is concerned, it is clearly not enough that the Applicant feels that she has been unfairly treated and so has suffered an injustice. The law permits the Commissioner to find maladministration without injustice. Therefore, it is a trite observation to say that it must follow that the mere … Continue reading Regina v Commissioner for Local Administration ex parte S: Admn 11 Nov 1998
The petitioners complained that the Secretary of State for Transport was guilty of maladministration in confirming Road Orders without seeking an assurance from Norfolk County Council that the Balchins would be given adequate compensation for the effect of the road on their home. They now challenged the Ombudsman’s report which had rejected their complaint. Held: … Continue reading Regina v Parliamentary Commissioner for Administration ex parte Balchin: Admn 25 Oct 1996
The House dismissed the Council’s appeal as incompetent. An opinion of the court upon questions of law given on consideration of a case stated under provisions such as those in section 3 of the 1972 Act did not constitute a ‘judgment’ within the meaning of section 40(1) of the 1988 Act. Citations: 1991 SC (HL) … Continue reading John G McGregor (Contractors) Ltd v Grampian Regional Council: HL 1991
There had been a proceeding before Magistrates Court for a minor traffic offence. The defendant was a member of Parliament. He sought not to have his address made public. Since his divorce from his wife he had been subjected to harassment. He had obtained a High Court injunction restraining her and she had previously, when … Continue reading Regina v The Evesham Justices ex parte McDonagh: 1988
The House considered a claim for public interest immunity. Held: Lord Simon of Glaisdale said: ‘the public interest which demands that the evidence be withheld has to be weighed against the public interest in the administration of justice that courts should have the fullest possible access to all relevant material . . but once the … Continue reading Regina v Lewes Justices ex parte Secretary of State for the Home Department; Rogers v Home Secretary: HL 1972
Professional privilege as to the identity of a client lost when the client profits from a fraud. Citations: Times 13-Feb-1996 Statutes: Administration of Justice (Scotland) Act 1972 Legal Professions Updated: 15 May 2022; Ref: scu.79456
The Court gave guidance setting out recommended practice regarding any application for interim injunctive relief in civil proceedings to restrain the publication of information (referred to as an interim non-disclosure order). In particular guidance was provided as to ‘the proper approach to the general principle of open justice in respect of such applications’. Applications which … Continue reading Practice Guidance (Interim Non-disclosure Orders): 1 Jul 2011
The court considered the circumstances when a superior court should consider an appeal against a magistrates court on an adjournment of a trial: ‘First, a decision as to whether or not proceedings should be adjourned is, as counsel for the defendant rightly urged, a decision within the discretion of the trial court. It is pre-eminently … Continue reading Regina v Abedare Justices ex parte Director of Public Prosecutions: 1990
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
Justices who had issued a commitment warrant in the absence of the defendant, and without good reason for believing that the summons he had failed to respond to, had been served, were quite wrong, and because of earlier similar cases it was proper to order them to pay the costs of the action. Citations: Times … Continue reading Regina v Newcastle Upon Tyne Justices ex parte Devine: QBD 20 May 1998
New procedures for judges considering an application for a voluntary bill of indictment. The rules provide for compliance with the acts and rules governing such bills, and detailed disclosure of charges refused by magistrates, of the evidence which brought the bill within the rules. It should be for exceptional considerations of justice not administrative convenience. … Continue reading Practice Direction (Crime: Voluntary Bills): LCJ 5 Aug 1999
The court gave guidance on the new practice in publishing judgments by default, and for arrangements for anonymisation of appropriate parties. Sir James Munby, President of the Family Division [2014] EWHC B3 (Fam), [2014] EMLR 22, [2014] 1 FLR 733, [2014] 1 WLR 230, [2014] 2 FCR 226 Bailii Administration of Justice Act 1960 12 … Continue reading Practice Guidance (Transparency In The Family Courts): FD 16 Jan 2014
ICO The complainant requested information from the Ministry of Justice (MoJ) relating to contracts with G4S and Serco. The MoJ confirmed it holds the requested information but refused to disclose it citing sections 31(1)(a), (c) and (g) of the FOIA (law enforcement – prejudice to the prevention or detection of crime, to the administration of … Continue reading Ministry of Justice (Central Government) FS50616197: ICO 14 Jun 2016
ICO The complainant requested information concerning changes to pension administration within Staffordshire Police. Staffordshire Police failed to respond to these requests and in so doing breached sections 1 and 10 of the FOIA. The Commissioner requires Staffordshire Police to respond to the requests. Staffordshire Police must take these steps within 35 calendar days of the … Continue reading Staffordshire Police (Police and Criminal Justice): ICO 12 Nov 2015
The Court was asked whether the justices had had power under section 4(2) to impose reporting restrictions on committal proceedings pending the trial to which they related.. Held: They had. A premature publication in contravention of a postponement order under section 4(2) of which the publisher was aware is a contempt of court notwithstanding section … Continue reading Regina v Horsham Justices ex parte Farquharson: CA 1982
Application by the Committee on the Administration of Justice (CAJ) and Brian Gormally for judicial review of an alleged on-going failure of the Executive Committee of the Northern Ireland Assembly to discharge its statutory duty under section 28E of the Northern Ireland Act 1998. [2015] NIQB 59 Bailii Northern Ireland Act 1998 28E Northern Ireland … Continue reading The Committee on The Administration of Justice (CAJ) and Another, Re Judicial Review: QBNI 30 Jun 2015
The central issue was whether a block of buildings comprising county assize courts and a police station were liable to income tax under Schedule A. If they had been erected as part of the function of government in the administration of justice, then notwithstanding the fact that they were built by the county and paid … Continue reading Coomber (Surveyor of Taxes) v Berkshire Justices: HL 3 Dec 1883
T and N had exposure to asbestosis claims; these claims were insured by Lloyd’s but on terms that if payments were to be made, T and N should make certain reimbursements to Lloyd’s. T and N then insured with a captive company known as Curzon their liability to make such reimbursements. Lloyd’s called on T … Continue reading T and N Limited, Associated Companies of T and N Ltd (In Administration) v Royal and Sun Alliance Plc, and others: ChD 9 May 2003
The Honourable Mr Justice Peter Smith [2002] EWHC 2784 (Ch) Bailii Insolvency Act 1986 England and Wales Insolvency Updated: 06 December 2021; Ref: scu.178538
The Hon Mr Justice Jacob [2002] EWHC 2815 (Ch), [2007] Lloyd’s Rep PN 23, [2003] BPIR 324 Bailii Insolvency Act 1986 England and Wales Citing: See Also – Highberry Limited, Highberry Llc v Colt Telecom Group Plc; in Re Colt Telecom Group plc (No 1) ChD 25-Nov-2002 Application for disclosure of documents, the provision of … Continue reading Colt Telecom Group Plc, In the Matter of the Insolvency Act 1986: ChD 20 Dec 2002
The parties disputed the final resting place of the newly discovered body of King Richard III. The claimants argued for the burial to be in York, and said that the respondents had failed to consult adequately.The court set out the principles at common law: ‘(1) There is no general duty to consult at Common Law. … Continue reading Plantagenet Alliance Ltd, Regina (on The Application of) v Secretary of State for Justice and Others: QBD 23 May 2014
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office holders paid on a daily fee-paid basis. Held: The matter required to be referred … Continue reading O’Brien v Ministry of Justice: SC 28 Jul 2010
Discosure of Confidences must be at risk H sought to restrain W’s solicitors from acting. The firm was one of six firms approached to consider representing H, and he now said that certain matters had been diviluged to the firm. Held: The legal principles were clear, and it was for H to establish that some … Continue reading ZS v FS (Application To Prevent Solicitor Acting): FD 24 Oct 2017
The defendant sought judicial review of a decision of the magistrates to adjourn a case where, on the day before, a differently constitued bench had refused an adjournment requested by the prosecution. On the first occasion the prosecutor had not had all the facts and the court had assumed that the fault was that of … Continue reading Jones v South East Surrey Local Justice Area: Admn 12 Mar 2010
The court considered the importance of the role played by the media in attending and reporting court proceedings. Watkins LJ said: ‘The role of the journalist and his importance for the public interest in the administration of justice has been commented upon on many occasions. No one nowadays surely can doubt that his presence in … Continue reading Regina v Felixstowe Justices ex parte Leigh: CA 1987
ECJ Judicial cooperation in civil matters – Regulation (EC) No 1346/2000 – Insolvency proceedings – Decision to open the proceedings – Centre of the debtor’s main interests – Recognition of insolvency proceedings – Public policy.The centre of a debtor’s main interests must be identified by reference to criteria that are both objective and ascertainable by … Continue reading Eurofood IFSC (Area Of Freedom, Security and Justice): ECJ 2 May 2006
The claimant appealed against refusal of his challenge to the new constitutional law for Sark, and sought a declaration of incompatibility under the 1998 Act. He said that by restricting the people who could stand for election, a free democracy had been denied to them, and that the constitution did not achieve a sufficient separation … Continue reading Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others: CA 2 Dec 2008
The appellant challenged a community charge liability order in which justices had refused an application made on his behalf for a friend to be allowed to sit with him to give advice and assistance. He sought judicial review. The Divisional Court had . .
The claimant sought the rights to a patent acquired by the defendant in respect of trading systems invented by him, saying that this had been created as part of his work for them. The employment contract included a clause assigning such rights to . .
The court as asked ‘Does an agent for a named taxpayer, acting expressly as such in submitting the taxpayer’s tax refund claim to a national tax authority, owe some duty of care to the tax authority in respect of the statements included in the tax . .
The respondent’s practice had suffered intervention by the Council. He complained that they had not followed the required procedure.
Held: The notices were lawful. The issues were ones of public law, and the respondent was required to frame . .
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Part 8 claim seeking the removal of the defendant as executor under s. 50 of the Administration of Justice Act 1985, alternatively that he be passed over as executor pursuant to s.116 of the Senior Courts Act 1981. . .
A mortgagor’s equity of redemption is extinguished when the mortgagee, in the exercise of his power of sale, enters into a contract of sale of the mortgaged property. Millett LJ said: ‘The purpose of making an order under section 36 of the Administration Act 1970 is to enable a mortgagor who has fallen into arrears … Continue reading National and Provincial Building Society v Ahmed: CA 1995
The court made orders about the future of the child born to Mary Bell, who had been convicted at the age of 11 of the manslaughter of two little boys. He was asked to protect the new identities under which the child and her mother were living. Without a court order publication would not be … Continue reading X County Council v A and another: 1984
AIC had used the 1920 Act to register a judgment obtained in Nigeria against the Nigerian Government. The underlying matter was a commercial transaction. Nigeria applied to set the registration aside, saying that registration was an adjudicative act and that Nigeria was protected by state immunity by reason of section 1 of the 1978 Act. … Continue reading AIC Limited v The Federal Government of Nigeria, the Attorney General of the Federation of Nigeria: QBD 13 Jun 2003
There is no reason in law to disallow someone applying for a contemnor to be committed, from appealing against the sentence imposed, but it would rare to allow interference. Brown P: ‘It is believed that it may be that criminal proceedings will follow in relation to this same matter. I have to say that that … Continue reading Wilson v Webster: CA 26 Feb 1998
Assessment of pre-judgment interest – disgorgement of profits Judges: Christopher Clarke J Citations: [2013] EWHC 89 (Comm) Links: Bailii Statutes: Judgments Act 1838 17, Judgment Debts (Rate of Interest) Order 1993, Private International Law (Miscellaneous Provisions) Act 1995, Administration of Justice Act 1970 Damages Updated: 14 November 2022; Ref: scu.471176
Application for leave to appeal on issue of whether ‘by necessary implication, the effect of section 36 of the Administration of Justice Act is that a mortgagee must first obtain the leave of the court before proceeding to enforce its right to possession or its power of sale under the mortgage deed in relation to … Continue reading Ropaigealach v Barclays Bank plc (1): CA 11 Dec 1997
The respondent’s practice had suffered intervention by the Council. He complained that they had not followed the required procedure. Held: The notices were lawful. The issues were ones of public law, and the respondent was required to frame his claim by way of judicial review, and to use an ordinary action would be an abuse … Continue reading Council for Licensed Conveyancers v Mooney and Another; Mooney v Council for Licensed Conveyancers and Viney: CA 18 Dec 1997
The court was asked: ‘i. whether a judgment against a State may be registered under section 9 of the Administration of Justice Act 1920 and enforced in this country; andii. whether moneys in a bank account of a central bank that is a separate legal entity, belonging beneficially to the government of its state, are … Continue reading AIC Ltd v Federal Government of Nigeria: QBD 13 Jun 2003
The appellant had contracted to construct a factory in Iraq. On the imposition of sanctions, the respondent bank’s assets were frozen. The appellant sought to recover the sums due to it, and obtained judgment in France. After the fall of Hussain, arrangements were put in place to begin to pay the respondent’s creditors, and debt … Continue reading SerVaas Incorporated v Rafidian Bank and Others: SC 17 Aug 2012
The lender may be given the conduct of a sale of mortgaged property, even though the warrant for possession had been suspended. Citations: Gazette 04-Dec-1996, Times 20-Nov-1996 Statutes: Administration of Justice Act 1970, Administration of Justice Act 1973 Jurisdiction: England and Wales Land Updated: 03 November 2022; Ref: scu.79015
The County court may not suspend a possession order pending an application to the High Court for an order for sale. The court considered the protection given by s15(1) of the 1970 Act, and found the protection to be limited, but nevertheless of considerable value to mortgagors who are in default. Citations: Gazette 20-Nov-1996, Times … Continue reading Cheltenham and Gloucester Building Society v Krausz: CA 22 Oct 1996
The starting point for assessing the period of time over which a court should order the repayment of arrears under a mortgage, when considering the need for a possession order, is the remaining balance of mortgage term. Judges: Evans, Waite LJJ, Sir John May Citations: Gazette 17-Jan-1996, Independent 14-Dec-1995, Times 08-Dec-1995, [1995] EWCA Civ 11, … Continue reading Cheltenham and Gloucester Building Society Plc v Norgan: CA 5 Dec 1995
Appeal against order as to media arrangements for fact finding hearing.McFarlane LJ said: ‘In the present case, Jackson J used the power available to him to move from the default position so as to allow a controlled degree of publicity. This was a matter for the judge’s discretion. It was common ground before this court … Continue reading Re W (Children): CA 25 Feb 2016
‘This case raises important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as here, their complaints are about the care system. The case also raises important questions … Continue reading Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013
The court considered an application by the defendant for leave to appeal to the Supreme Court, noting that section 13 of the 1960 Act did not provide for such a right after the 2006 Act. Held: The words could not themselves be construed to preserve the existence of an appeal, but the criteria set out … Continue reading OB v The Director of The Serious Fraud Office: CACD 2 May 2012
Judges: Lord Justice Singh Mr Justice Henshaw Citations: [2022] EWCA Crim 1298 Links: Bailii Statutes: Administration of Justice Act 1960 13 Jurisdiction: England and Wales Contempt of Court Updated: 19 October 2022; Ref: scu.681876
The defendant appealed a sentence of two months for contempt in the face of the court. When coming to court to give evidence on behalf of her partner in respect of allegations of sexual assault against his daughters, she had met the same daughters also attending as witnesses outside the court. She had called them … Continue reading Regina v Kehoe: CACD 14 Jul 1997
The applicant was a prison officer, ordered to appear at court. On his non-appearance he was found guilty of contempt and ordered to serve 14 days imprisonment. The order had been made on the Friday, to appear on the Monday, but evidence of attempts to contact him by phone was now contradicted. Held: The conviction … Continue reading Regina v Adegunle: CACD 25 Oct 1996
A trial was declared a nullity, after it had been adjourned for a fresh indictment to be provided, but none had then been prepared. Citations: Ind Summary 15-Feb-1996 Statutes: Administration of Justice Act 1933 2(1) Jurisdiction: England and Wales Criminal Practice Updated: 08 October 2022; Ref: scu.86849
Mr and Mrs Rawlings had made wills in substantially similar format, but, mistakenly, they each executed the will intended for the other. After Mr Rawling died, the family disputed whether he had made a will. Mrs Rawling applied for rectification of the document signed by her late husband, and now appealed against rejection of her … Continue reading Marley v Rawlings and Another: CA 2 Feb 2012
The deceased and his partner had made mirror wills. On the second death it appeared that a named residuary beneficiary did not exist. The claimant, with a similar name said it had intended to name him. The court considered whether it could be counted a clerical error allowing amendment. Held: The intended reference had clearly … Continue reading Parkinson v Fawdon: ChD 30 Jul 2009
The applicant had been sentenced to nine months imprisonment for having broken his undertaking to the Court. He appealed against that sentence. The other party also sought to appeal other parts of the order. Held: An appeal limited to the sentencing part of a committal for contempt did not require leave to appeal, being as … Continue reading London Borough of Barnet v Hurst: CA 17 Jul 2002
The court was asked whether Lister and Co v Stubbs 45 ChD 1, a decision of the Court of Appeal, was binding on him or whether he could apply the Privy Council’s decision in Attorney General for Hong Kong v Reid Held: On the facts of the case the judge was able to distinguish Lister … Continue reading Daraydan Holdings Limited, Cairn Estates Limited and Others v Solland International Limited and Others: ChD 26 Mar 2004
This appeal raises a short but important point of principle of great practical significance in relation to the standard form of suspended possession order used in mortgage cases and granted on a daily basis in hundreds of County Courts up and down the land. The appellant had fallen into arrears in the mortgage secured in … Continue reading Zinda v Bank of Scotland Plc: CA 23 Jun 2011
The claimant sought rectification of the will to alter a clause leaving a monthly sum to the first defendant. She said it did not reflect the deceased’s wishes. It was accepted that ‘ the burden of proof rests on her to establish a case that Guy’s will fails to carry out his intentions because of … Continue reading Goodman v Goodman, Clegg, Manuel: ChD 14 Jul 2006
A husband and wife had each executed the will which had been prepared for the other, owing to an oversight on the part of their solicitor; the question which arose was whether the will of the husband, who died after his wife, was valid. The parties disputed whether the will have been validly executed, and … Continue reading Marley v Rawlings and Another: SC 22 Jan 2014
The claimants sought rectification of the will, saying that it did not represent his testamentary wishes. A solicitor’s letter explaining the effect was mistaken. The judge had found the error to be in the letter, and not the wills. Held: The appeal failed: ‘it seems to me that by some way the most probable reconciliation … Continue reading Boswell and Others v Lawson and Others: CA 19 Apr 2011
A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in 1978. It is highly unlikely that Parliament intended to require United Kingdom courts to act contrary … Continue reading Alcom Ltd v Republic of Colombia: HL 1984
In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005
Receivers’ action for possession of mortgaged property Judges: Mann J Citations: [2019] EWHC 2611 (Ch), [2019] WLR(D) 552 Links: Bailii Statutes: Administration of Justice Act 1970 36 39 Jurisdiction: England and Wales Land Updated: 02 September 2022; Ref: scu.642644
The defendant appealed an order for his immediate commital for contempt of court. He had been in court and shouted loud threats when his mother had been given a long prison term. Held: His appeal was allowed. The defendant had immediately apologised, and the judge should have taken overnight to consider the case more coolly. … Continue reading Regina v Huggins: CACD 18 Jan 2006
The defendant had been convicted and sentenced for the attempted rape of the claimant. He had subsequently won a substantial sum on the lottery, and she now sought damages. He replied that the action was statute barred being now 16 years old. The claimant said the decision to deny her claim had interfered with her … Continue reading A v Hoare: QBD 14 Oct 2005
Following a change in legislation it was equitable to disapply limitation. Citations: Times 29-Nov-1993, Ind Summary 27-Dec-1993 Statutes: Administration of Justice Act 1982 Jurisdiction: England and Wales Limitation Updated: 06 August 2022; Ref: scu.90295
Judges: Munby LJ Citations: [2010] EWHC 205 (Fam) Links: Bailii Statutes: Administration of Justice Act 1960 812(1)(a) Jurisdiction: England and Wales Citing: Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004 Inherent High Court power may restrain PublicityThe claimant child’s mother was to be tried for the murder of his brother … Continue reading Doctor A and Others v Ward and Another: FD 9 Feb 2010
The court was asked whether a jury trial was appropriate under the 1920 Act. Held: Avery J said: ‘It cannot be sufficient to bring a case within those words of the proviso that a plaintiff should merely allege in his particulars that the defendant has acted fraudulently. Suppose an action is brought for the price … Continue reading Everett v Islington Guardians: 1923
Renewed application for permission to apply for judicial review of a decision of the Vale of Glamorgan Magistrates’ Court relating to the enforcement of a costs order against him after his failed private prosecution. After failure to pay, an order for his committal was made. Held: The section allowed such an order only as against … Continue reading Bright v Vale of Glamorgan Magistrates’ Court: Admn 2 Apr 2009
Appeal against order substituting the appellant as executor of the will. Judges: Evans-Lombe J Citations: [2007] EWHC 3503 (Ch) Links: Bailii Statutes: Administration of Justice Act 1985 50 Wills and Probate Updated: 24 July 2022; Ref: scu.341756
A widow had thought that she was to receive the bulk of her husband’s estate by survivorship, but discovered, only out of time and after the six months limit, that this was not the case. She applied for leave to apply out of time to rectify the will, saying that the revocation of the necessary … Continue reading In Re the Estate of Ronald Ernest Chittock (Deceased); Chittock v Stevens and Others: ChD 5 Apr 2000
Family members argued that the will did not reflect the wishes of the deceased. The deceased had owned substantial and varied farming businesses, and had made a new will leaving the farm to his seciond wife, and not the sons by his first marriage. Held: Some rectifications were agreed. However, as to the rest, the … Continue reading Sprackling and others v Sprackling and Another: ChD 6 Nov 2008
The question arose as to whether a Cafcass officer acting as a children and family reporter (CFR) in private law proceedings required the permission of the court before referring to the local authority’s social services department for further investigation allegations by the child’s mother about the child’s father made by her to the CFR in … Continue reading Re M (Disclosure: Children and Family Reporter): CA 31 Jul 2002
Citations: [2008] EWCA Civ 598 Links: Bailii Statutes: Administration of Justice Act 1970 36 Jurisdiction: England and Wales Land Updated: 17 July 2022; Ref: scu.269965
