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British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act. Held: It was common … Continue reading British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

Expandable Ltd and Another v Rubin: CA 11 Feb 2008

The defendant’s witness statement referred to a letter written to him by the defendant’s solicitor. The claimant appealed refusal of an order for its disclosure. Held: The appeal failed. The letter was protected by legal professional privilege, and its mention in a statement did not automatically amount to waiver of that privilege. The rules referred … Continue reading Expandable Ltd and Another v Rubin: CA 11 Feb 2008

Holdgate v Bishop: KBD 11 Nov 2022

Judgment on the Defendant’s Application for a ruling by way of CPR 24.2 that the Claimant had, in fact, instructed a firm of solicitors in respect of a proposed property transaction before his accident in 2015. Judges: Master Thornett Citations: [2022] EWHC 2850 (KB) Links: Bailii Statutes: Civil Procedure Rules 24.2 Jurisdiction: England and Wales … Continue reading Holdgate v Bishop: KBD 11 Nov 2022

Nield and Another v Loveday and Another: Admn 13 Jul 2011

The court considered the institution of proceedings for contempt of court based upon an allegation that a document filed in court proceedings and supported by a statement of truth was false. In this case the defendant argued that the first claimant had grossly exaggerated his injuries. The second claimant had come to admit the falsity … Continue reading Nield and Another v Loveday and Another: Admn 13 Jul 2011

Skareby v Commission (Civil Service): ECJ 6 Apr 2011

ECJ Order – Civil service – Duty to provide assistance – Articles 12a and 24 of the Staff Regulations – Psychological harassment by a hierarchical superior – Production of a confidential document – Article 44(2) of the Rules of Procedure Citations: F-42/10, [2011] EUECJ F-42/10 Links: Bailii Cited by: Order – Skareby v Commission (Civil … Continue reading Skareby v Commission (Civil Service): ECJ 6 Apr 2011

Smith International Inc v Specialised Petroleum Group Services (Patent): IPO 11 Jan 2005

The comptroller no longer has jurisdiction to extend the period for filing an appellants notice at the High Court – see Patent Office Practice Notice 1/2003 at [2003] RPC 46. However, the hearing officer held that, owing to an anomaly in the Civil Procedure Rules, he did have jurisdiction to direct the period within which … Continue reading Smith International Inc v Specialised Petroleum Group Services (Patent): IPO 11 Jan 2005

Solomon v Cromwell Group Plc: CA 19 Dec 2011

Common issues relating to the construction of Part 36 of the Civil Procedure Rules and its inter-action with Part 44, which contains general rules about costs, and Section II of Part 45, which contains rules about costs in certain kinds of road traffic accident claims. Judges: Pill, Moore-Bick, Aikens LJJ, Hurst SCJ Citations: [2011] EWCA … Continue reading Solomon v Cromwell Group Plc: CA 19 Dec 2011

Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011

Further applications in defendant’s application for summary judgment and or security for costs in the claimant’s claim alleging copyright infringement. Held: The claimant was ordered to pay a sum of andpound;50,000 as security for costs.Kitchin J summarised the principles: ‘(i) the court has jurisdiction under rule 24.6 to make an order which is tantamount to … Continue reading Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011

Bank of Scotland v Pereira and Others: CA 9 Mar 2011

The mortgagor sought to appeal against a mortgagee’s possession order. The Court of Appeal considered the interaction between an application under CPR rule 39.3 to set aside a default judgment and an application for permission to appeal under CPR Pt 52. Held: The dismissal of an application under CPR Rule 39.3 does not, of itself, … Continue reading Bank of Scotland v Pereira and Others: CA 9 Mar 2011

Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999

The claimant intended to seek recovery of a very substantial sum from the defendant. On learning of the defendant’s intention to sell its assets, it sought an order freezing them. Held: The court has the discretion to order a freezing of a defendant’s assets so as to prevent a transfer of those assets, even though … Continue reading Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999

Framlington Group Ltd and Another v Barnetson: CA 24 May 2007

The defendant had sought an order requiring the claimant to remove from a witness statement elements referring to without prejudice discussions between the parties before litigation began. Held: The defendant’s appeal succeeded. The test for proximity of the negotiations to the litigation was not one of time, but of the closeness of the connection between … Continue reading Framlington Group Ltd and Another v Barnetson: CA 24 May 2007

Cook v Cook and Another: QBD 28 Jun 2011

The court was asked to decide whether an interim award of damages should be limited to calculations up to the claimant’s sixteenth birthday. Judges: Eady J Citations: [2011] EWHC 1638 (QB), [2011] PIQR P18 Links: Bailii Statutes: Civil Procedure Rules 3.1(2) Jurisdiction: England and Wales Personal Injury, Damages Updated: 11 June 2022; Ref: scu.441247

Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order. Held: There was no absolute rule which would allow the order made. The judge had considered that if … Continue reading Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

Gregson v Channel Four Television Corporation: CA 11 Jul 2000

It was possible to amend pleadings outside of the limitation period, where the alteration to identify the correct party was genuine and the mistake had not mislead any party. In this case there was no reasonable doubt about who had been intended to be sued. The overriding objective and rule 17.4(3) could either be applied … Continue reading Gregson v Channel Four Television Corporation: CA 11 Jul 2000

In re T (a Child) (Contact: Alienation: Permission to Appeal): CA 24 Oct 2002

After a judgment the parties sought to appeal. Held: The judge had failed to make a finding on a critical issue in the case, namely whether or not the mother of the child concerned had ‘even if prompted only at a subconscious level, nevertheless deliberately engaged in alienation.’ Whilst some circumstances might require an application … Continue reading In re T (a Child) (Contact: Alienation: Permission to Appeal): CA 24 Oct 2002

A (a Patient) v A Health Authority and Others; In re J (a Child); Regina (S) v Secretary of State for the Home Department and Another: CA 24 Jan 2002

The case asked how cases involving disputes as to the care of children, and of the treatment of adults claimed to be mentally incompetent. Where the issues were solely ones of public law, then they should be heard by way of judicial review in the QBD. Where any private law issues arose, they should be … Continue reading A (a Patient) v A Health Authority and Others; In re J (a Child); Regina (S) v Secretary of State for the Home Department and Another: CA 24 Jan 2002

Mohammed v The Home Office: QBD 24 Nov 2017

The claimant having received a better settlement of his claim than had been offered by the defendant, he now sought an order under CPR and as to the level of interest payable. Judges: Pepperall QC DHCJ Citations: [2017] EWHC 3051 (QB), [2017] WLR(D) 784 Links: Bailii, WLRD Statutes: Civil Procedure Rules 1998 36.17(4) Jurisdiction: England … Continue reading Mohammed v The Home Office: QBD 24 Nov 2017

Fourie v Le Roux and others: HL 24 Jan 2007

The appellant, liquidator of two South African companies, had made a successful without notice application for an asset freezing order. He believed that the defendants had stripped the companies of substantial assets. The order was set aside for want of jurisdiction, because it had not been ancillary to any proceedings which had even been formulated … Continue reading Fourie v Le Roux and others: HL 24 Jan 2007

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004

The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury. Held: The jury should indeed have been given opportunity to explain their verdict: ‘By … Continue reading Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004

Independents’ Advantage Insurance Company Ltd v Cook and Another: CA 24 Jul 2003

‘The power of the court to strike out a statement of case under CPR 3.4(2)(a) – and the related power to give summary judgment under CPR 24.2 – has an important place in the disposal of claims in accordance with the Civil Procedural Rules. The exercise of those powers, in an appropriate case, gives effect … Continue reading Independents’ Advantage Insurance Company Ltd v Cook and Another: CA 24 Jul 2003

Knight v Axa Assurances: QBD 24 Jul 2009

The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009

Kirk v Walton: QBD 24 Jul 2008

The defendant sought leave to bring proceedings for contempt of court against the claimant saying that she had had no honest belief in the matters deposed in her statement of truth, in that she had substantially exaggerated her injuries. Held: Leave was granted. The court approached the application on the basis ‘that the discretion to … Continue reading Kirk v Walton: QBD 24 Jul 2008

XXX v Camden London Borough Council: CA 11 Nov 2020

Anonymity in Court Proceedings – No two stage test XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought proceedings for judicial review of the Council’s housing allocation policy, … Continue reading XXX v Camden London Borough Council: CA 11 Nov 2020

Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003

The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and proportionate. Held: The present procedure does not involve the criminal courts and the absence of any criminal … Continue reading Gora and others v Commissioners of Customs and Excise and others: CA 11 Apr 2003

Woodland v Stopford and Others: CA 16 Mar 2011

The claimant appealed against a decision allowing a defendant to withdraw an admission of liability. As a child she had got into difficulties during a class swimming lesson, and had ceased to breathe leaving her with catastrophic hypoxic brain injury. There had been confusion about the involvement of the Swimming Teachers’ Association. The claimant said … Continue reading Woodland v Stopford and Others: CA 16 Mar 2011

MGN Limited v United Kingdom: ECHR 18 Jan 2011

The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011

Kennedy v The Information Commissioner and Another: CA 12 May 2011

The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32. The claimant appealed against the finding of a blanket exemption, and continued after completion … Continue reading Kennedy v The Information Commissioner and Another: CA 12 May 2011

Austin and Others v Miller Argent (South Wales) Ltd: CA 29 Jul 2011

The claimants appealed against refusal of a Group Litigation Order (GLO). Over 500 parties wished to claim in nuisance caused by open cast mining operations conducted by the defendants. Held: The appeals failed. The making of a GLO is a matter of discretion. At the hearing it was not clear that any claimant would be … Continue reading Austin and Others v Miller Argent (South Wales) Ltd: CA 29 Jul 2011

NML Capital Ltd v Argentina: SC 6 Jul 2011

The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011

Stobart Group Ltd and Others v Elliott: QBD 11 Apr 2013

The defendant applied to the court for various officers of the cliamant companies to be subject to contempt proceedings. The claimants asked the court to strike of the defendant’s counterclaim and to make a civil restraint order against him. There had been long standing disputes between them. Held: The court found that the initial threshold … Continue reading Stobart Group Ltd and Others v Elliott: QBD 11 Apr 2013

Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011

The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. The claimant asserted that their claim was an intellectual property claim, allowing section 72 … Continue reading Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011

Lewis v Client Connection Ltd: ChD 6 Jul 2011

The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant operated a service trading as ‘Money Claiming Expert’. Both services included advising those who might wish to claim refunds from banks. The claimant sought summary judgment. Held: The defence as filed proposed no real defence,merely putting the claimant … Continue reading Lewis v Client Connection Ltd: ChD 6 Jul 2011

Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010

In each of three cases, the former defendants sought leave to bring claims for contempt of court in respect of what it said were fraudulent claims by the respondents. The defendants argued that a party had first to go to the Attorney General. Held: ‘Notwithstanding the language of Rules 32.14 and 31.23 and, in particular, … Continue reading Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010

Fraser and others v Oystertec Plc and others: 3 Nov 2009

The court considered the meaning of ‘real’ prospects of success: ‘This does not mean that a party can successfully resist summary judgement by suggesting, like Mr Micawber, that something may turn up to save him, though he does not know what: see per Megarry V-C in Lady Anne Tennant v. Associated Newspapers Group Ltd [1979] … Continue reading Fraser and others v Oystertec Plc and others: 3 Nov 2009

Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017

De Molestina and Others v Ponton and Others: ComC 16 May 2001

Important point as to the strength of the case on the merits to be established in order to obtain leave to serve out of the jurisdiction and its relationship to the strength of the claim to be established to avoid being struck out under CPR 3.4 or 24.2. Judges: Mr Justice Colman Citations: [2001] EWHC … Continue reading De Molestina and Others v Ponton and Others: ComC 16 May 2001

Regina v Visitors to the Inns of Court ex parte Calder: CA 1993

Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision. Held: Justices sitting as visitors were not sitting as judges as such, but in a domestic forum, and their decisions were … Continue reading Regina v Visitors to the Inns of Court ex parte Calder: CA 1993

7E Communications Ltd v Vertex Antennentechnik Gmbh: CA 25 Feb 2007

The claimant had rejected satellite antennae it had bought from the defendants, and sought damages. The defendant said the English court did not have jurisdiction, since the order terms contained an exclusive jurisdiction clause. The claimant sought to appeal the oder refusing jurisdiction. The county court judge had refused permission to appeal to the High … Continue reading 7E Communications Ltd v Vertex Antennentechnik Gmbh: CA 25 Feb 2007

St. Helens Metropolitan Borough Council v Barnes: CA 25 Oct 2006

The claimant had delivered his claim form to the court, but it was not processed until after the limitation period had expired. The defendant appealed a finding that the claimant had brought the cliam within the necessary time. Held: The claim was brought within the necessary time limit. ‘the courts have given claimants the full … Continue reading St. Helens Metropolitan Borough Council v Barnes: CA 25 Oct 2006

Elektrim SA v Vivendi Universal SA and others: ComC 19 Jan 2007

Judges: Mr Justice Aikens Citations: [2007] EWHC 11 (Comm), [2007] 1 Lloyd’s Rep 693, [2007] BusLR D69, [2007] ArbLR 19 Links: Bailii Statutes: Arbitration Act 1996 68(2)(g) 80(5), Civil Procedure Rules 62.9(1)(a) Jurisdiction: England and Wales Arbitration Updated: 22 November 2022; Ref: scu.248268

Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

Ali v Associated Newspapers Ltd: QBD 27 Jan 2010

The claimant sought damages in defamation, saying that a combination of publications identified him. Held: Eady J briefly discussed the effect of hyperlinks in the context of a dispute about meaning or reference in a defamation case. Judges: Eady J Citations: [2010] EWHC 100 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Swain … Continue reading Ali v Associated Newspapers Ltd: QBD 27 Jan 2010

Armstrong v Times Newspapers Ltd and David Walsh, Alan English: CA 29 Jul 2005

The claimant sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity. Held: The defence of qualified privilege should be restored, and be decided at trial, and not summarily. Judges: Brooke LJ, Tuckey LJ, Arden LJ … Continue reading Armstrong v Times Newspapers Ltd and David Walsh, Alan English: CA 29 Jul 2005

Day Morris Associates v Voyce and Another: CA 26 Feb 2003

The claimant estate agents appealed dismissal of their claim for commission. The owners were splitting up, and there was to begin with no clear instruction to market the property. Later the property was sold privately, but to a buyer introduced by the claimant to Mrs Voyce. The agent asked the court to go beyond its … Continue reading Day Morris Associates v Voyce and Another: CA 26 Feb 2003

DKH Retail Ltd v Republic (Retail) Ltd: ChD 3 Apr 2012

The claimant had begun its action complaining of infringement of unregistered design right in the High Court. The defendant applied to have the case heard in the Patents County Court. Held: The current practice, under which such a decision was made by the transferring court was the correct one, and was within the Civil Procedure … Continue reading DKH Retail Ltd v Republic (Retail) Ltd: ChD 3 Apr 2012

Football Association Premier League Ltd and Others v QC Leisure (A Trading Name) and Others: ChD 13 Nov 2008

Football organisations applied to be joined to a case being remitted to the European Court for the purpose of giving their views on the questions raised. The European Court practice only allowed for states to act as interveners. The court had already recognised the significance of the question to be referred as to the licensing … Continue reading Football Association Premier League Ltd and Others v QC Leisure (A Trading Name) and Others: ChD 13 Nov 2008

Meakin v British Broadcasting Corporation and Others: ChD 27 Jul 2010

The claimant alleged that the proposal for a game show submitted by him had been used by the various defendants. He alleged breaches of copyright and of confidence. Application was now made to strike out the claim. Judges: Arnold J Citations: [2010] EWHC 2065 (Ch) Links: Bailii Statutes: Civil Procedure Rules 24.2 Jurisdiction: England and … Continue reading Meakin v British Broadcasting Corporation and Others: ChD 27 Jul 2010

Masri v Consolidated Contractors International Company Sal and Another: ComC 20 Dec 2007

Judges: Gloster J DBE Citations: [2007] EWHC 3010 (Comm), [2008] ILPr 14, [2008] 1 All ER (Comm) 305 Links: Bailii Statutes: Civil Procedure Rules 71.2 Jurisdiction: England and Wales Citing: See Also – Masri v Consolidated Contractors International (UK) Ltd ComC 17-May-2005 . . See Also – Masri v Consolidated Contractors International (UK) Ltd CA … Continue reading Masri v Consolidated Contractors International Company Sal and Another: ComC 20 Dec 2007

Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

Solutia UK Limited v Griffiths: CA 26 Apr 2001

The court considered issues relating to the appropriateness of the claimants instructing London solicitors in a case in which those solicitors had submitted a bill of costs totalling pounds 220,000 in connection with a claim in which their clients had recovered pounds 90,000. Sir Christopher Staughton said: ‘So surely case management powers will allow a … Continue reading Solutia UK Limited v Griffiths: CA 26 Apr 2001

Olakunle O Olatawura v Alexander O Abiloye: CA 17 Jul 2002

The claimant challenged an order requiring him to give security for costs before proceeding. The judge had felt he was unreasonable in the way he was pursuing his claim. He appealed saying the order was made outside the scope of Part 25. Held: The rules now allowed orders akin to orders for security for costs … Continue reading Olakunle O Olatawura v Alexander O Abiloye: CA 17 Jul 2002

Dunnett v Railtrack plc: CA 22 Feb 2002

The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the offer it had already made. Held: The defendant, otherwise successful on appeal, should be … Continue reading Dunnett v Railtrack plc: CA 22 Feb 2002

Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into court of the amount of the award, saying that the appellant did not otherwise have the assets within the … Continue reading Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

R C Residuals Ltd (formerly Regent Chemicals Ltd) v Linton Fuel Oils Ltd: CA 2 May 2002

The applicant had failed to comply with an unless order, delivering his expert evidence some 20 minutes late. The evidence had not been allowed. They appealed. Held: The claim was re-instated. This was not the first occasion of default. Nevertheless, the rules listed several matters to be considered, and the judge must apply his mind … Continue reading R C Residuals Ltd (formerly Regent Chemicals Ltd) v Linton Fuel Oils Ltd: CA 2 May 2002

Brawley v Marczynski and Another: CA 21 Oct 2002

The defendants appealed an award of costs on an indemnity basis against them in the favour of a legally aided claimant. Held: Indemnity costs were often intended to indicate disapproval of a party’s behaviour in an action, and were awarded in several and discretionary circumstances. It was not an objection of principle to say that … Continue reading Brawley v Marczynski and Another: CA 21 Oct 2002

Vaseeharan and Another v Uthayaranjan: ChD 21 May 2010

Each party sought summary judgment in the case Judges: Roth J Citations: [2010] EWHC 1083 (Ch) Links: Bailii Statutes: Civil Procedure Rules 24 Jurisdiction: England and Wales Cited by: Cited – Lewis v Client Connection Ltd ChD 6-Jul-2011 The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant … Continue reading Vaseeharan and Another v Uthayaranjan: ChD 21 May 2010

Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004

The parties had been involved in protracted litigation where a freezing order had been made to support a claim which was eventually dismissed. The claimant sought to have set aside an earlier order made ordering him to pay costs on failing to have the order discharged. Held: The order had been made under the former … Continue reading Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

In Re Banco Nacional De Cuba: ChD 7 Jun 2001

Where it was alleged that shares in a UK company had been sold at an undervalue, so as to allow a challenge in insolvency proceedings, the leave of the court was still required if the pleadings were to be served abroad. When the court considered such an application, it had to look not just at … Continue reading In Re Banco Nacional De Cuba: ChD 7 Jun 2001

EGC v PGF NHS Trust: QBD 19 Jul 2022

Application by the Claimant seeking the anonymisation of the parties in this litigation and corresponding reporting restrictions preventing the parties being identified. Held; Refused (retained subject to appeal) Judges: The Honourable Mr Justice Nicklin Citations: [2022] EWHC 1908 (QB) Links: Bailii Statutes: Contempt of Court Act 1981 11, Human Rights Act 1998 6, Civil Procedure … Continue reading EGC v PGF NHS Trust: QBD 19 Jul 2022

Compagnie Noga D’Importation et D’Exportation Sa v Australia and New Zealand Banking Group Ltd. and others: CA 31 Jul 2002

If the court wishes to enable a party to appeal against a particular finding contained in the judgment, it may make a declaration embodying that finding. Citations: [2002] EWCA Civ 1142, [2003] 1 WLR 307, [2003] CP Rep 5 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Cited by: See Also – Compagnie … Continue reading Compagnie Noga D’Importation et D’Exportation Sa v Australia and New Zealand Banking Group Ltd. and others: CA 31 Jul 2002

Doncaster Pharmaceuticals Group Ltd and Others v The Bolton Pharmaceutical Company 100 Ltd: CA 26 May 2006

Appeals were made against interlocutory injunctions for alleged trade mark infringement. Held: The court should hesitate about making a final decision for summary judgment without a trial, even where there is no obvious conflict of fact at the time of the application, where reasonable grounds exist for believing that a fuller investigation into the facts … Continue reading Doncaster Pharmaceuticals Group Ltd and Others v The Bolton Pharmaceutical Company 100 Ltd: CA 26 May 2006

Dahele v Thomas Bates and Sons Ltd: SCCO 17 Apr 2007

The court heard and accepted an argument that there was a lacuna in the CPR provisions relating to the uplift in counsel’s fees in the equivalent rules relating to employer’s liability claims. The rules relating to counsel’s fees unlike those dealing with solicitors, did not provide for a percentage uplift when a case settled on … Continue reading Dahele v Thomas Bates and Sons Ltd: SCCO 17 Apr 2007

Hicks Developments Ltd v Chaplin and others: ChD 5 Feb 2007

The defendants had succeeded in an application before the Land Registry adjudicator for a strip of land adjoining their property to be registered in their name after a finding that they had successfully established a claim by adverse possession. The claimants had developed the adjoining land leaving the strip unbuilt upon. A fence had been … Continue reading Hicks Developments Ltd v Chaplin and others: ChD 5 Feb 2007

Kennedy v The National Trust for Scotland: CA 16 Apr 2019

Date of service of claim form sent from England to defendant in Scotland. Judges: Sharp, Asplin LJJ, Sir Rupert Jackson Citations: [2019] EWCA Civ 648, [2019] WLR(D) 282 Links: Bailii, WLRD Statutes: Civil Procedure Rules 6.14 7.5 Jurisdiction: England and Wales Civil Procedure Rules Updated: 11 July 2022; Ref: scu.638808

ICI Chemicals and Polymers Ltd v TTE Training Ltd: CA 13 Jun 2007

The Defendant had applied for summary judgment under CPR Part 24. One argument was a short point of construction. The Judge suggested the parties agree that he should decide the point as a preliminary issue. They were unwilling so he proceeded on the basis that he should apply the Part 24 test. He dismissed the … Continue reading ICI Chemicals and Polymers Ltd v TTE Training Ltd: CA 13 Jun 2007

Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006

The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland. Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be … Continue reading Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006

United States of America, Regina (on the Application of) v Bow Street Magistrates’ Court: Admn 6 Sep 2006

The defendant a serving prisoner sought an adjournment of his extradition to a time closer to the end of the sentence he was to serve in England. Held: The court had sympathy with the argument that where the district judge is being invited to express his satisfaction over matters under section 11 and section 21 … Continue reading United States of America, Regina (on the Application of) v Bow Street Magistrates’ Court: Admn 6 Sep 2006

Collier v Williams and others: CA 25 Jan 2006

Various parties appealed refusal and grant of extensions of time for service of claim forms. Held: The court gave detailed guidance. The three central issues were the proper construction of the rule, the question of whether the court could reconsider an application made without notice and on paper, and whether the Hashtroodi guidance was being … Continue reading Collier v Williams and others: CA 25 Jan 2006

Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005

The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award. Held: The dispute was complex and substantial. Nevertheless, the adjudicator ‘not only took the initiative in ascertaining the facts but also applied his … Continue reading Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005

Burchell v Bullard and others: CA 8 Apr 2005

Each side had succeeded in part on their claims and counterclaims, but the Respondent was andpound;5,000 out of pocket. Each party had been ordered to pay the costs of the other. Held: The appeal succeeded. The judge had correctly recognised the difficulty of settling costs on an issue by issue basis, but should have considered … Continue reading Burchell v Bullard and others: CA 8 Apr 2005

Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held (Majority): The appeal succeeded, and the judge’s order allowing the evidence to be … Continue reading Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

Riyad Bank and others v Ahli United Bank (Uk) Plc: CA 23 Nov 2005

A renewed application for leave to appeal was made as regards a valuation element of the judgment. New expert evidence was sought to be admitted. Held: Leave was refused: ‘the Court of Appeal should be particularly cautious where what is intended is to put in, in effect, further cross-examination of a witness, including an expert, … Continue reading Riyad Bank and others v Ahli United Bank (Uk) Plc: CA 23 Nov 2005

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Basil Shiblaq v Kahraman Sadikoglu (No 2): ComC 30 Jul 2004

The court considered whether there had been effective service of proceedings on defendants in Turkey. Evidence was given as to the effectiveness of such service in Turkish law. Held: The defendant’s application to set aside the judgment in default succeeded. The claimant’s applications in respect of CPR 3.10 and CPR 6.9 were refused. The Civil … Continue reading Basil Shiblaq v Kahraman Sadikoglu (No 2): ComC 30 Jul 2004

Rose v Lynx Express Ltd. and Bridgepoint Capital (Nominees) Ltd: CA 7 Apr 2004

In an request for pre-action discovery it was plainly wrong for the court to seek to decide in advance any element of the virtues of the case. Held: The appeal should be allowed. The case was arguable and should be allowed to proceed.Peter Gibson LJ said: ‘We have reservations about the approach adopted by the … Continue reading Rose v Lynx Express Ltd. and Bridgepoint Capital (Nominees) Ltd: CA 7 Apr 2004

Douglas and others v Hello! Ltd and others: ChD 23 Jan 2004

Judges: Lindsay J Citations: [2004] EWHC 63 (Ch), HCO100644 Links: Bailii Statutes: Civil Procedure Rules 44 Jurisdiction: England and Wales Citing: Cited – Ford v GKR Construction and Others CA 22-Oct-1999 Where a party wished to put the other at risk of payment of costs by the making of an offer, it was vital that … Continue reading Douglas and others v Hello! Ltd and others: ChD 23 Jan 2004

Downtex v Flatley: CA 2 Oct 2003

The claimants sought damages for defamation and breach of contract. The claimants had purchased a business from the defendant, which contract included a clause requiring the defendant to say nothing damaging about the business. The defendant asserted qualified privilege. The defendant was alleged to have told suppliers, by means of anonymous letters, that they were … Continue reading Downtex v Flatley: CA 2 Oct 2003

Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

Factortame Ltd and others v Secretary of State for the Environment, Transport and the Regions): CA 28 Jan 2002

A part 36 offer had been made and declined. A significant amendment was made to the defendant’s pleadings on the basis of information which had always been available to him. The claimant then accepted the payment in. Should the claimant be regarded as the successful party for costs purposes. Held: Costs remain at the discretion … Continue reading Factortame Ltd and others v Secretary of State for the Environment, Transport and the Regions): CA 28 Jan 2002

Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Thomas v News Group Newspapers Ltd: CA 18 Jul 2001

The publication of articles in a newspaper describing how a ‘black clerk’ had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail. Held: The court considered the type of conduct which had to be proved to bring the case within the statute. Publication … Continue reading Thomas v News Group Newspapers Ltd: CA 18 Jul 2001