Search Results for: Civil Procedure Rules 19

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Practice Note (Chancery Division: Civil Procedure Rules): ChD 4 May 1999

The procedures set down by the new CPR Part 23 should be followed in the interim applications and companies courts. Those appearing should also make themselves aware of the amendments in the new Guide to Chancery Practice. Citations: Times 04-May-1999 Statutes: Civil Procedure Rules Part 23 Jurisdiction: England and Wales Litigation Practice Updated: 19 May … Continue reading Practice Note (Chancery Division: Civil Procedure Rules): ChD 4 May 1999

Agodzo v Amegashitsie and Another: CA 20 May 1999

The judge had repeatedly adjourned a matter, directing that the parties should consider alternative dispute resolution. Since the first adjournment, the rules had been changed to allow a court to refer a case for such an arrangement. One party objected. Held: The new power could be exercised even in an existing case, and therefore the … Continue reading Agodzo v Amegashitsie and Another: CA 20 May 1999

McLaughlin v Daily Telegraph Newspaper Co. Ltd: 15 Jul 1904

(High Court of Australia) The court considered the law on the effect of mental incapacity on a contract in the two cases Imperial Loan, and Molton v Camroux: ‘The principle of the decision seems, however, to be the same in both cases, which, in our judgment, establish that a contract made by a person actually … Continue reading McLaughlin v Daily Telegraph Newspaper Co. Ltd: 15 Jul 1904

Cala Homes (South) Limited v Chichester District Council: Admn 20 Aug 1999

A claim to set aside parts of a local plan had been filed in the wrong court, and without the forms as now required under the Civil Procedure Rules. A new application would be out of time. An application allowing transfer and correction of the faults succeeded, since the true nature of the claim was … Continue reading Cala Homes (South) Limited v Chichester District Council: Admn 20 Aug 1999

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

McPhilemy v Times Newspapers Limited; Clarke and Neil (1): CA 25 Nov 1998

Citations: [1998] EWCA Civ 1842 Jurisdiction: England and Wales Citing: See also – McPhilemy v Times Newspapers Ltd and Others (2) CA 26-May-1999 The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very … Continue reading McPhilemy v Times Newspapers Limited; Clarke and Neil (1): CA 25 Nov 1998

Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

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

P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003

The claimants had made a Part 36 offer at first instance, but the matter was appealed. Having won at appeal they sought their costs on an indemnity basis of the appeal also. Held: If a party wished to protect itself by a Part 36 offer, it must be made both at first instance, and again … Continue reading P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003

Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997

The issue was the appropriateness of a Court striking an action out where there has been considerable delay if: (i) the cause of action relied upon by the plaintiff in the proceedings would be statute barred if the action were to be struck out, but (ii) the plaintiff has another cause of action upon which … Continue reading Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997

Bairstow and Others v Queens Moat Houses Plc: CA 7 Aug 1997

New rules on evidence procedures are not retrospective. Notices under the 1968 Act should have been served to be allowed to admit hearsay evidence. Citations: Times 23-Oct-1997, [1998] 1 All ER 343, [1997] EWCA Civ 2290 Links: Bailii Statutes: Civil Evidence Act 1968, Civil Evidence Act 1995 Jurisdiction: England and Wales Litigation Practice, Evidence Updated: … Continue reading Bairstow and Others v Queens Moat Houses Plc: CA 7 Aug 1997

Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999

The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which appeared to be fabrications. Held: Where a party was in breach of court … Continue reading Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999

CIBC Mellon Trust Company and others v Mora Hotel Corp Nv and Another: CA 19 Nov 2002

A party had been ordered to pay into court as a condition of an application to set aside a judgment, a substantial sum in respect of past costs, and also as security for costs to be incurred. The defendant appealed. Held: The judge had not differentiated between the two. On an application for security for … Continue reading CIBC Mellon Trust Company and others v Mora Hotel Corp Nv and Another: CA 19 Nov 2002

Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997

A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent abuse of process, and the procedure had been explicitly adopted by … Continue reading Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997

British Data Management Plc v Boxer Commercial Removals Plc and Another: CA 28 Feb 1996

A quia timet action in a defamation case must specify the precise words which are expected to be used. Citations: Times 28-Feb-1996, [1996] 3 All ER 707 Jurisdiction: England and Wales Cited by: Affirmed – Best v Charter Medical of England Ltd and Another CA 26-Oct-2001 The Civil Procedure Rules did not alter the previous … Continue reading British Data Management Plc v Boxer Commercial Removals Plc and Another: CA 28 Feb 1996

McPhilemy v Times Newspapers Ltd and Others (2): CA 26 May 1999

The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very extensive pleadings in defamation cases should now be otiose. In the modern era of witness statements, extensive and fully particularised pleadings are no … Continue reading McPhilemy v Times Newspapers Ltd and Others (2): CA 26 May 1999

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

Phillips, Harland (Suing As Administrators of the Estate of Christo Michailidis) v Symes (A Bankrupt), Nussberger, Galerie Nefer Ag, Geoff Rowley: ChD 19 Aug 2005

The court allowed the appellant’s application to dispense with service of a claim form under the rule. The High Court became seised of the matter as at 19 January 2005. Further directions were given. Judges: The Honourable Mr Justice Peter Smith Citations: [2005] EWHC 1880 (Ch) Links: Bailii Statutes: Civil Procedure Rules 6.9 Jurisdiction: England … Continue reading Phillips, Harland (Suing As Administrators of the Estate of Christo Michailidis) v Symes (A Bankrupt), Nussberger, Galerie Nefer Ag, Geoff Rowley: ChD 19 Aug 2005

Owusu v Jackson, Mammee Bay Resorts Limited etc: CA 19 Jun 2002

Defendants appealed against an order refusing an order to restrain service of the proceedings on certain defendants outwith the jurisdiction. The claimant was seriously injured holidaying at a resort managed by the several defendants in Jamaica in various ways. The defendants argued that the proper forum was Jamaica. Held: The decision as to forum conveniens … Continue reading Owusu v Jackson, Mammee Bay Resorts Limited etc: CA 19 Jun 2002

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

Andrews v Retro Computers Ltd: SCCO 16 Jan 2019

Application for partial or total disallowance of the Claimants’ costs pursuant to rule 44.11(1)(b) of the Civil Procedure Rules 1998 (CPR); the Defendants allege ‘gross misconduct before and during the proceedings’. Citations: [2019] EWHC B2 (Costs) Links: Bailii Jurisdiction: England and Wales Costs Updated: 19 August 2022; Ref: scu.641805

Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

Schuler-Zgraggen v Switzerland: ECHR 24 Jun 1993

The court considered a contributory invalidity scheme: ‘today the general rule is that Article 6(1) does apply in the field of social insurance, including even welfare assistance . . State intervention is not sufficient to establish that Article 6(1) is inapplicable; other considerations argue in favour of the applicability of Article 6(1) in the instant … Continue reading Schuler-Zgraggen v Switzerland: ECHR 24 Jun 1993

Feldbrugge v The Netherlands: ECHR 29 May 1986

The court was asked whether the applicant’s entitlement to a statutory sickness allowance, which was a contributory scheme but for which she had not registered due to illness, was a civil right within the meaning of article 6. Held: The applicant claimed a right ‘flowing from specific rules laid down by the legislation in force’ … Continue reading Feldbrugge v The Netherlands: ECHR 29 May 1986

Mihlenstedt v Barclays Bank International: CA 1989

The company’s pension scheme provided that the trustees were to form an opinion as to the employee’s ability or otherwise to work. The plaintiff sought payment of an ill-health pension under the Bank Pension Scheme. Held: A pension scheme trust is quite different from other trusts. Pension benefits are part of the consideration which an … Continue reading Mihlenstedt v Barclays Bank International: CA 1989

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

In Re Club Europe Trade Mark: ChD 2 Sep 1999

A court hearing an appeal under the Act, and deciding whether or not to admit new evidence, must now bear in mind the overriding objectives of litigation as defined, and also the need for proportionality. In this case, the pre-hearing procedures had failed to identify the real issues between the parties, and justice required that … Continue reading In Re Club Europe Trade Mark: ChD 2 Sep 1999

HM Solicitor General v Holmes: Admn 10 Jun 2019

Disruption of court proceedings – whether contempt in face of court. Judges: Coulson LJ, Spencer J Citations: [2019] EWHC 1483 (Admin), [2019] WLR(D) 332 Links: Bailii, WLRD Statutes: Civil Procedure Rules 81 Jurisdiction: England and Wales Contempt of Court, Civil Procedure Rules Updated: 11 July 2022; Ref: scu.639230

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

Bergan v Evans (St Christopher and Nevis): PC 1 Jul 2019

(Court of Appeal of the Eastern Caribbean Supreme Court (St Christopher and Nevis) The Board considered the procedure for the deployment of medical expert evidence in personal injury litigation in St Kitts and Nevis. Specifically, the issue is whether the special provisions about the attaching of medical reports to a statement of claim for personal … Continue reading Bergan v Evans (St Christopher and Nevis): PC 1 Jul 2019

Woodward and Another v Phoenix Healthcare Distribution Ltd: CA 12 Jun 2019

The Court considered the circumstances in which it is appropriate, on an application for retrospective validation of service pursuant to CPR r 6.15(1) and (2), to allow a potential defendant to take advantage of a mistake on the part of a would-be claimant giving rise to defective service where any new claim would be statute-barred. … Continue reading Woodward and Another v Phoenix Healthcare Distribution Ltd: CA 12 Jun 2019

Hughes v Carratu International Plc: QBD 19 Jul 2006

The claimant wished to bring an action against the defendant enquiry agent, saying that it had obtained unlawful access to details of his bank accounts, and now sought disclosure of documents. The defendant denied wrongdoing, and said it had returned all papers to solicitors. Held: The proposed respondents had not been fully candid, and a … Continue reading Hughes v Carratu International Plc: QBD 19 Jul 2006

Hardy and others v Pembrokeshire County Council and Another: CA 19 Jul 2006

The court considered the consequences of delay in applications for judicial review: ‘It is important that those parties, and indeed the public generally, should be able to proceed on the basis that the decision is valid and can be relied on, and that they can plan their lives and make personal and business decisions accordingly.’ … Continue reading Hardy and others v Pembrokeshire County Council and Another: CA 19 Jul 2006

Speed Investments Ltd and Another v Formula One Holdings Limited and Others: ChD 19 Jul 2004

An application for summary judgment should not be heard at the same time as a challenge to the jurisdiction of the court. That was the price that a plaintiff paid in asking a court to bring a foreign defendant before a court in England – that defendant had to be given opportunity to challenge the … Continue reading Speed Investments Ltd and Another v Formula One Holdings Limited and Others: ChD 19 Jul 2004

Goldman Sachs Services Ltd v Montali: EAT 19 Oct 2001

EAT This interlocutory appeal raises a point of general importance regarding Employment Tribunal practice where one Tribunal revisits and varies or alters an interlocutory order or direction made by an earlier Tribunal. We use the expression Tribunal to include a Chairman properly sitting alone.’ Held: Although it was open to an Employment Tribunal to make … Continue reading Goldman Sachs Services Ltd v Montali: EAT 19 Oct 2001

Asiansky Television Plc and Another v Bayer-Rosin: CA 19 Nov 2001

The court considered the circumstancs allowing a striking out. Held: Consideration should be given to the question whether striking out the claim or defence would be disproportionate and, except perhaps where striking it out would be plainly proportionate, the judge should give reasons why it was proportionate in the particular case. Only in a case … Continue reading Asiansky Television Plc and Another v Bayer-Rosin: CA 19 Nov 2001

Gojkovic v Gojkovic (No 2): CA 1 Apr 1991

In ancillary relief proceedings, the husband had not made frank disclosure of his assets. The final Calderbank offer of andpound;600,000 was made only the day before the substantive hearing. The offer was rejected. The judge awarded the wife a lump sum of andpound;1 million. The judge made no order as to costs after the date … Continue reading Gojkovic v Gojkovic (No 2): CA 1 Apr 1991

British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

ECFI 1 Far from enjoying the same rights to a fair hearing as those which individuals against whom a procedure has been instituted are recognised as having, concerned parties, within the meaning of Article 93(2) of the Treaty, have only the right to be involved in the administrative procedure to the extent appropriate in the … Continue reading British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998

Natwest Lombard Factors Ltd v Arbis: ChD 10 Dec 1999

In order to mark the fundamental nature of the changes from the old civil procedure rules to the new, there can be no assumption made that phrases interpreted under the old rules would be interpreted identically under the new ones, even though the form of words chosen was identical. Citations: Times 10-Dec-1999 Jurisdiction: England and … Continue reading Natwest Lombard Factors Ltd v Arbis: ChD 10 Dec 1999

Sarwar v Alam: CA 19 Sep 2001

Litigation had followed an accident. The claimant, a passenger, sought and won damages for personal injuries. He had taken out legal expenses insurance, and at dispute was the recovery of the cost of that insurance. He had been unaware of having the insurance and had also paid out for after the event insurance. He sought … Continue reading Sarwar v Alam: CA 19 Sep 2001

Farrell v Long (Judgment): ECJ 20 Mar 1997

ECJ 1 Convention on Jurisdiction and the Enforcement of Judgments – Protocol on the interpretation of the Convention by the Court of Justice – Preliminary rulings – Jurisdiction of the Court – Limits (Convention of 27 September 1968; Protocol of 3 June 1971) 2 Convention on Jurisdiction and the Enforcement of Judgments – Rules on … Continue reading Farrell v Long (Judgment): ECJ 20 Mar 1997

De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

Edwin John Stevens v R J Gullis and David Pile: CA 27 Jul 1999

The new Civil Procedure Rules underline the existing duty which an expert owes to the Court as well as to the party which he represents. Judges: Lord Woolf MR Citations: [1999] EWCA Civ 1978 Links: Bailii Jurisdiction: England and Wales Citing: Cited – National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The … Continue reading Edwin John Stevens v R J Gullis and David Pile: CA 27 Jul 1999

Lace Co-Ordinates Ltd v Nem Insurance Co Ltd: CA 19 Nov 1998

Referring to the new Civil Procedure Rules: ‘These guidelines … create an entirely new climate in which the court is required to examine the plaintiff’s conduct by reference to the overall interests of justice and fairness (including considerations of public importance reflecting the interests of other litigants, and the interests of the court, to ensure … Continue reading Lace Co-Ordinates Ltd v Nem Insurance Co Ltd: CA 19 Nov 1998

Lloyd v McMahon: HL 12 Mar 1987

The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct. Held: An aggrieved objector to local government spending should pursue his rights under the Act and … Continue reading Lloyd v McMahon: HL 12 Mar 1987

Commissioners of Customs and Excise v Anchor Foods Limited: Admn 26 Jun 1998

The court heard an appeal by the Commissioners from the VAT Duties Tribunal that ‘Spreadable butter’ and ‘Ammix butter’ from New Zealand made and imported by the respondent are ‘manufactured directly from milk or cream’, and are not ‘recombined butter’, and are therefore subject to a lower rate of tariff duty under Annex I to … Continue reading Commissioners of Customs and Excise v Anchor Foods Limited: Admn 26 Jun 1998

Biguzzi v Rank Leisure Plc: CA 26 Jul 1999

The court’s powers under the new CPR to deal with non-compliance with time limits, were wide enough to allow the court to allow re-instatement of an action previously struck out. The court could find alternative ways of dealing with any delay which could recompense the other party and seek to achieve justice as between the … Continue reading Biguzzi v Rank Leisure Plc: CA 26 Jul 1999

In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

Regina v Taylor and Crabb: CACD 22 Jul 1994

The defendants had stood trial at the Central Criminal Court for murder. At the trial a witness anonymised as Miss A was allowed to give evidence anonymously, without revealing her address, behind a screen so arranged that she, the judge, jury and counsel could see each other directly but she and the defendants could not, … Continue reading Regina v Taylor and Crabb: CACD 22 Jul 1994

Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997

The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had found no causal connection beween the treatment and the offence. Held: There is no over-riding … Continue reading Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997

Practice Directions (Family Proceedings: Costs): FD 4 May 1999

Family Courts will continue to have jurisdiction under the Inheritance and the Trusts of Land provisions. The new CPR rules on costs will apply in the Family Courts where the nearest similar procedural steps will be applied for this purpose. Citations: Times 04-May-1999 Statutes: Civil Procedure Rules Rule 2.4 Jurisdiction: England and Wales Family Updated: … Continue reading Practice Directions (Family Proceedings: Costs): FD 4 May 1999

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 the other party should be made properly aware of any information available to decide on the offer. Under the new regime, it was not appropriate to hold back such information, and … Continue reading Ford v GKR Construction and Others: CA 22 Oct 1999

Commissioners of Customs and Excise v Anchor Foods Ltd (No 3): ChD 8 Jul 1999

The Civil Procedure Rules have not changed the common law rules which say that an interlocutory order for costs could not be varied by another judge sitting at first instance, except only in exceptional circumstances where it appeared for example that fraud might be involved. To do so would be for the court to act … Continue reading Commissioners of Customs and Excise v Anchor Foods Ltd (No 3): ChD 8 Jul 1999

David John Baron v Brian Lovell: CA 27 Jul 1999

A party to litigation must ensure that an agent attending had sufficient knowledge and authority to deal with issues raised at a pre-trial review, and where he failed in this he could be penalised in indemnity costs or interest at higher rates than usual on damages. An agent had no knowledge of why an expert’s … Continue reading David John Baron v Brian Lovell: CA 27 Jul 1999

Sartipy (Aka Hamila Sartipy) v Tigris Industries Inc: CA 1 Mar 2019

The claim had been struck out on the basis that the claimant was a proxy for a person against whom an extended civil restraint order had been made. The claimant had herself been made to an ECRO. The point allowed to come to appeal was whether such an order was available when the claimant had … Continue reading Sartipy (Aka Hamila Sartipy) v Tigris Industries Inc: CA 1 Mar 2019

Hildebrand v Hildebrand: 1992

The parties in ancillary relief proceedings sought orders for discovery. H had been to the wife’s flat surreptitiously on five occasions, and taken photocopies of so many documents obtained by him in the course of those visits (but returned after photocopying) that the photocopies themselves would now ‘fill a crate’, as the judge was told. … Continue reading Hildebrand v Hildebrand: 1992

Prosecutor v Furundzija: 1 Apr 1999

(International Criminal Tribunal for the Former Yugoslavia) The court described the main features of the law against torture: ‘There exists today universal revulsion against torture: as a USA Court put it in Filartiga v. Pena-Irala, ‘the torturer has become, like the pirate and the slave trader before him, hostis humani generis, an enemy of all … Continue reading Prosecutor v Furundzija: 1 Apr 1999

Minister of National Revenue v Coopers and Lybrand: 1979

(Supreme Court of Canada) The court sought to define the distinctive characteristics of a quasi-judicial act: ‘ (1) Is there anything in the language in which the function is conferred or in the general context in which it is exercised which suggests that a hearing is contemplated before a decision is reached? (2) Does the … Continue reading Minister of National Revenue v Coopers and Lybrand: 1979

UCB Corporate Services Ltd (formerly UCB Bank plc) v Halifax (SW) Ltd: CA 6 Dec 1999

It was proper to strike out a claim for abuse of process where the party had been involved in a wholesale disregard of the Civil Procedure Rules and of court orders. The court has a range of remedies appropriate to the degree of such disregard. Where such disregard indicated that the party had no intention … Continue reading UCB Corporate Services Ltd (formerly UCB Bank plc) v Halifax (SW) Ltd: CA 6 Dec 1999

R H Tomlinson (Trowbridge) Ltd v Secretary of State for the Environment and Another: CA 31 Aug 1999

Under the CPR, a company could now appear at court in person and without a legal representative. The old rule has not been carried forward. However the old rule had been clear and in a case under those rules, the order that the company was not properly before the court was properly made. Citations: Times … Continue reading R H Tomlinson (Trowbridge) Ltd v Secretary of State for the Environment and Another: CA 31 Aug 1999

Practice Note (Court of Appeal Civil Division: Assessment of Costs): CA 26 Apr 1999

The Court of Appeal will normally identify in advance those cases where it expected to apply a summary assessment of costs and at which a statement of costs would be required, though parties may propose such an assessment. Citations: Times 26-Apr-1999 Statutes: Civil Procedure Rules Part 44 Jurisdiction: England and Wales Litigation Practice Updated: 11 … Continue reading Practice Note (Court of Appeal Civil Division: Assessment of Costs): CA 26 Apr 1999

Commissioners of Customs and Excise v Broomco (1984) Ltd (Formerly Anchor Foods Ltd): CA 17 Aug 2000

When an appeal is lodged in a VAT dispute, the discretion as to whether to require the appellant to lodge security for costs in the appeal, was a decision exclusively to be decided by the tribunal itself. A decision as to such security could not be challenged within enforcement proceedings. Citations: Times 17-Aug-2000 Statutes: Finance … Continue reading Commissioners of Customs and Excise v Broomco (1984) Ltd (Formerly Anchor Foods Ltd): CA 17 Aug 2000

Breeze v John Stacey and Sons Ltd: CA 21 Jun 1999

The introduction of the Civil Procedures Rules has done nothing to change the rules or principles affecting the receipt of privileged and confidence protected documents inadvertently disclosed to a party. He had no obligation to examine them carefully to ascertain whether they were privileged and to ask whether the privilege and confidence had been waived. … Continue reading Breeze v John Stacey and Sons Ltd: CA 21 Jun 1999

Adam Phones Ltd v Goldschmidt and Others: CA 17 Aug 1999

Especially given the new emphasis on proportionality, a party who brought contempt proceedings, in the case of an inadvertent breach of an injunction, with a view solely to creating costs for the other party, could expect to face those costs themselves. It was unwise to execute a complex search and seize order on a Saturday … Continue reading Adam Phones Ltd v Goldschmidt and Others: CA 17 Aug 1999

P B J Davis Manufacturing Co Ltd v Fahn: 1967

Interpleader proceedings Citations: [1967] 1 WLR 1059 Cited by: Applied – TSP Group Ltd v Globemark (UK) Ltd QBD 2-Nov-2005 The claimant interpleader appealed summary dismissal of its claim. Held: The appeal was upheld. Despite the Civil Procedure Rules, the old case law on interpleader retained value. Although under the new rules, the precise formulation … Continue reading P B J Davis Manufacturing Co Ltd v Fahn: 1967

Axa Insurance Co Ltd v Swire Fraser Ltd: CA 9 Dec 1999

Where an action was commenced before the new rules came into effect, but an application to strike out an action was issued and decided after they came into effect, that application could not be decided under the old rules. The new rules applied fundamentally different tests, and these tests had to be applied.Assessment of respective … Continue reading Axa Insurance Co Ltd v Swire Fraser Ltd: CA 9 Dec 1999

General Mediterranean Holdings SA v Patel and Another: QBD 19 Jul 1999

The new Civil Procedure Rules were ultra vires and invalid insofar as they purported to remove any right of a solicitor’s client to assert his right of confidence as against his solicitor. The solicitor was therefore unable in this case to defend himself against a wasted costs order, but the court could allow for the … Continue reading General Mediterranean Holdings SA v Patel and Another: QBD 19 Jul 1999

Singer (formerly Sharegin) v Sharegin: 1984

In family proceedings, the starting point for the award of costs is that they prima facie follow the event but that presumption may be displaced much more easily than, and in circumstances which would not apply, in other divisions of the High Court. Judges: Cummin-Bruce LJ Citations: [1984] FLR 114 Jurisdiction: England and Wales Cited … Continue reading Singer (formerly Sharegin) v Sharegin: 1984

Grobbelaar v Sun Newspapers Ltd: CA 9 Jul 1999

With the new Civil Procedure Rules, it was no longer correct that a court could not exclude evidence which was relevant, on the grounds that its probative value was outweighed by its prejudicial effect. The court now has full power and discretion to make such orders. ‘The just resolution of this case depends on the … Continue reading Grobbelaar v Sun Newspapers Ltd: CA 9 Jul 1999

In re NY (A Child) (Reunite International and others intervening): SC 30 Oct 2019

The father had applied for a summary order requiring the return of the daughter to Israel. The Court was asked to consider whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980 (‘the Convention’), was nonetheless entitled … Continue reading In re NY (A Child) (Reunite International and others intervening): SC 30 Oct 2019

Amin Rasheed Shipping Corp v Kuwait Insurance Co: HL 1983

A claimant must show good reason why service on a foreign defendant should be permitted. This head of jurisdiction was an exorbitant jurisdiction, one which, under general English conflict rules, an English court would not recognise as possessed by any foreign court in the absence of some treaty providing for such recognition. Comity dictated that … Continue reading Amin Rasheed Shipping Corp v Kuwait Insurance Co: HL 1983

Summit Property Ltd v Pitmans: CA 19 Nov 2001

Whilst surprising, it was possible that a successful claimant could be ordered to pay the majority of a defendant’s costs. Under the Civil Procedure rules, it was proper to order costs on an issue by issue basis. Judges: Chadwick LJ Citations: [2001] EWCA Civ 2020 Jurisdiction: England and Wales Cited by: Cited – Kastor Navigation … Continue reading Summit Property Ltd v Pitmans: CA 19 Nov 2001

Mullen v Birmingham City Council: QBD 29 Jul 1999

Under the new rules, judges were required to take greater control over court proceedings, and accordingly had the power to entertaining a submission of no case to answer at the close of the claimant’s case and without first requiring the defendant to elect not to offer any evidence. Judges: David Foskett QC Citations: Times 29-Jul-1999 … Continue reading Mullen v Birmingham City Council: QBD 29 Jul 1999

Regina v The Professional Conduct Committee of the United Kingdom Central Council ex parte Wood and Thompson: Admn 19 Feb 1993

The applicant sought to appeal against findings of professional misconduct as a nurse. Held: Buckley J set out what was meant by a rehearing within the rules governing the Council’s disciplinary procedures: ‘Rehearing is to be understood as it is under Order 59 which governs appeals to the Court of Appeal when exercising its civil … Continue reading Regina v The Professional Conduct Committee of the United Kingdom Central Council ex parte Wood and Thompson: Admn 19 Feb 1993

Medallion Holidays Ltd v Birch: 1985

The Chairman of the Industrial Tribunal had struck out the employers’ Notice of Appearance for failure to comply with an order for particulars. Hld: The employers’ appeal to the EAT was dismissed. The court considered a strike out of an application before the Industrial Tribunal: ‘The striking-out of the entire notice of appearance was indeed … Continue reading Medallion Holidays Ltd v Birch: 1985

Fredericks and Pelhams Timber Buildings v Wilkins: QBD 1971

Judges: Roderick Evans J Citations: [1971] 1 WLR 1197 Jurisdiction: England and Wales Cited by: Applied – TSP Group Ltd v Globemark (UK) Ltd QBD 2-Nov-2005 The claimant interpleader appealed summary dismissal of its claim. Held: The appeal was upheld. Despite the Civil Procedure Rules, the old case law on interpleader retained value. Although under … Continue reading Fredericks and Pelhams Timber Buildings v Wilkins: QBD 1971

Taylor and others v Midland Bank Trust Company Limited: CA 21 Jul 1999

Stuart-Smith LJ rationalised the possible conflict between Part 24 and the practice direction to Part 24 in its original form by saying that the correct view of the effect of the practice direction is to be gleaned from the heading to the paragraph which reads ‘the court’s approach’. It indicates no more than examples of … Continue reading Taylor and others v Midland Bank Trust Company Limited: CA 21 Jul 1999

Turner v Grovit and others: CA 28 May 1999

A court has an inherent power to injunct a party not to institute or continue proceedings abroad, where they appear intended purely to harass another party in proceedings here. The two actions here were based upon the ‘same contractual relationship’ and concerned the ‘same subject matter’. This is not limited to cases of exclusive jurisdiction … Continue reading Turner v Grovit and others: CA 28 May 1999

Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne: Admn 20 Aug 1999

It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding objective, which required the court to take account of … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne: Admn 20 Aug 1999

Financial Services Authority v Rourke: ChD 19 Oct 2001

The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being authorised, and had made prohibited statements to attract such deposits. Could a civil court make such a finding which would be equivalent to a finding of guilt of a criminal offence? … Continue reading Financial Services Authority v Rourke: ChD 19 Oct 2001

Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979

An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed the company to have no other assets from which to meet the hoped-for damages award … Continue reading Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979

Cameron Taylor Consulting Ltd and Another v Bdw Trading Ltd: CA 19 Jan 2022

‘issues as to the application of CPR 17.4 and CPR 19.5 concerned, respectively, with amendments and the substitution of parties following the possible expiry of a relevant limitation period. The first part of the appeal concerns the approach which the court should take in circumstances where a claimant contends that the constraints to its pleaded … Continue reading Cameron Taylor Consulting Ltd and Another v Bdw Trading Ltd: CA 19 Jan 2022

Kimondo, Regina (on The Application of) v Secretary of State for The Home Department (Relevant Rules; AOS Requirements) (IJR): UTIAC 14 Nov 2014

(1) In judicial review applications transferred by the Administrative Court to the Upper Tribunal, the applicable procedural regime is that contained in the Tribunal Procedure (Upper Tribunal) Rules 2008. The Civil Procedure Rules have no effect thereafter; although the procedural history may be significant, particularly as regards time limits. (2) The prohibition in rule 29(3) … Continue reading Kimondo, Regina (on The Application of) v Secretary of State for The Home Department (Relevant Rules; AOS Requirements) (IJR): UTIAC 14 Nov 2014

Swain v Hillman: CA 21 Oct 1999

Strike out – Realistic Not Fanciful Chance Needed The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear words. The judge … Continue reading Swain v Hillman: CA 21 Oct 1999