Extension of time to challenge jurisdiction of the court. Citations: Unreported, 30 January 2001 Jurisdiction: England and Wales Cited by: Cited – Sawyer v Atari Interactive Inc ChD 1-Nov-2005 The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the … Continue reading USF Ltd v Aqua Technology Hanson NV/SA: 30 Jan 2001
The applicant had been granted leave to present a petition for judicial review, but on certain grounds only. On the hearing, he sought again to present the case including the grounds upon which permission had not been granted. Held: The judge who heard the substantive application could hear an application based additionally upon grounds rejecetd … Continue reading Regina (Smith, Trevor) v Parole Board: CA 30 Jun 2003
The new Civil Procedure Rules had not substantially affected the rules on costs following the event of a trial. The discretion in a judge as to the order for costs had been correctly stated in Elgindata, and approved in Phonographic Performance Ltd v AEI Rediffusion Music Ltd. Citations: Times 30-Mar-2000 Jurisdiction: England and Wales Citing: … Continue reading Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others (No 2): ChD 30 Mar 2000
‘This appeal is concerned with the scope of litigation privilege. The respondent defendants (‘the Bank’ — there is no need to distinguish between them) wish to know which individuals are authorised to give instructions in relation to these proceedings on behalf of the appellant claimant (‘Loreley’), a special purpose vehicle with no employees whose directors … Continue reading Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd and Others: CA 10 Nov 2022
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
The debtor’s wife was personally acquainted with counsel for the petitioner in his bankruptcy examination. He sought that it be set aside. Held: Whereas a judge had a duty to be independent of the parties, no such duty fell on counsel. A court might disqualify counsel where there was a complaint as to use, or … Continue reading Skjevesland v Geveran Trading Co Ltd: CA 30 Oct 2002
The parties had litigated the validity of a patent. Judges: Lord Neuberger MR, Aikens, Lewison LJJ Citations: [2011] EWCA Civ 1288 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Baird v Moule’s Patent Earth Closet Co Ltd CA 3-Feb-1876 Where a patentee sues for infringement and then discontinues his claim against the alleged infringer … Continue reading Fresenius Kabi Deutschland Gmbh and Others v Carefusion 303 Inc: CA 8 Nov 2011
(From the Court of Appeal of the Republic of Trinidad and Tobago) The consequences which a court in Trinidad and Tobago operating under the Civil Procedure Rules in that jurisdiction may impose where a party fails to file a written skeleton argument in proper time in accordance with case management directions set by the court. … Continue reading Crick and Another v Brown: PC 30 Nov 2020
The claimant sought substitution of a defendant under CPR 19.5 for mistake. Judges: Waller, Rix, Wilson LJJ Citations: [2010] EWCA Civ 927 Links: Bailii Statutes: Civil Procedure Rules 19.5 Jurisdiction: England and Wales Litigation Practice Updated: 22 August 2022; Ref: scu.421554
Costs in a housing disrepair case: ‘The question which we have to consider arises where, on receipt of that notification, the landlord promptly carries out the repairs. If he does, that will remove from the tenant’s claim in the court action subsequently brought any application for specific performance of the repairing covenant, but will, very … Continue reading Birmingham City Council v Lee: CA 30 Jul 2008
Application, issued on 2.7.15, of the Applicant for pre-action disclosure under CPR r.31.16 Judges: Behrens HHJ Citations: [2016] EWHC 381 (QB) Links: Bailii Statutes: Civil Procedure Rules 31.16 Jurisdiction: England and Wales Civil Procedure Rules Updated: 12 July 2022; Ref: scu.562168
The defendant sought to set aside a possession order made where he did not know of the proceedings. Held: The judge had a discretion, not a duty, to set aside a possession order made in such circumstances. Human rights law required the court to allow a defendant a right to be heard, but if on … Continue reading Akram v Adam: CA 30 Nov 2004
The parties had been involved in a bitter and protracted boundary dispute. The judge had found a minimal encroachment, and awarded nominal damages. He had made an error in the order. At an appeal counsel was given leave to apply to amend the oder under the slip rule (r40.12). Held: The amendment was not the … Continue reading Markos v Goodfellow and others: CA 30 Nov 2001
A party could be present in court in the person of his legal representative. Despite the new rules, the court should be reluctant to strike out a claim for the absence of a party in person, where his personal presence was irrelevant or most unlikely to be of significant assistance. Judges: Justice Gross Citations: Times … Continue reading Rouse v Freeman: QBD 30 Nov 2001
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
The court considered the issue of the use of a strike out as a sanction for non-compliance with a court order. Held: The approach of the court in a case considering relief for sanctions – exemplified by RC Residuals v Linton Fuel was bound to be different from that in Arrow Nominees v Blackledge, as … Continue reading Stolzenberg and others v CIBC Mellon Trust Co Ltd and others: CA 30 Jun 2004
(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
Where it was not the claimant’s fault that proceedings had not been issued within the appropriate time limit, the judge when considering exercise of his discretion to admit the claim, should not be tempted to refuse to admit it on the basis that the claimant would have a clear claim for negligence against the solicitor … Continue reading Steeds v Peverel Management Services Limited: CA 30 Mar 2001
The claimant succeeded in an action for negligence against the respondent solicitors. The court required her to submit to a psychiatric examination to allow assessment of her claim. In default the entire action was to be stayed. She refused, and appealed, saying that her right to a fair trial had been infringed. Held: The court … Continue reading James v Baily Gibson and Co (a firm): CA 30 Oct 2002
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
This appeal concerns CPR 44.16, which deals (as its heading indicates) with ‘Exceptions to one-way costs shifting where permission required’ Judges: Lewison, Beatson, Newey LJJ Citations: [2017] EWCA Civ 1696 Links: Bailii Statutes: Civil Procedure Rules 44.16(1) Jurisdiction: England and Wales Costs, Civil Procedure Rules Updated: 01 April 2022; Ref: scu.598464
This appeal raises the following questions (i) whether a breach of the CPR has occurred here, (ii) if so, what is the applicable sanction, if any, for that breach, and (iii) whether relief from any such sanction should be granted. Barling J [2014] EWHC 2981 (Ch) Bailii Civil Procedure Rules 3.9 England and Wales Costs, … Continue reading Long v Value Properties Ltd and Another: ChD 30 Sep 2014
The appellant had been committed for contempt being said to have broken a gangs control order made under the 2009 Act. He had not been advised of his right to legal aid for representation. Green, Nicola Davies DBE LJJ [2019] EWCA Civ 55 Bailii Administration of Justice Act 1960 13, Policing and Crime Act 2009, … Continue reading Douherty v The Chief Constable of Essex Police: CA 30 Jan 2019
The respondent had been involved in company director disqualification proceedings some 12 years earlier. The claimant, publisher of Private Eye sought disclosure of the associated court papers. Held: The applicant had provided appropriate details of the papers required. The basic principle of open justice applied, and the papers were required for a proper jurnalistic purpose.The … Continue reading Pressdram Ltd v Whyte: ChD 30 May 2012
An expert witness admitted signing a joint report but without agreeing to it. The claimant who had lost his case now pursued her in negligence. The claimant appealed against a finding that the expert witness was immune from action. Held: The appeal succeeded. The immunity from civil suit in negligence or contract for an expert … Continue reading Jones v Kaney: SC 30 Mar 2011
ECHR Civil proceedingsArticle 6-1Access to courtLack of access to court for person seeking restoration of her legal capacity: violationFacts – In 2007 the applicant was deprived of her legal capacity on the grounds that she was suffering from a serious mental illness. Gradually, her mental health improved. In 2009 her guardian applied for her legal … Continue reading Nataliya Mikhaylenko v Ukraine (LS): ECHR 30 May 2013
The appellant had made a loan to a third party defendant in criminal fraud proceedings. At the time he did not know that that third party was subject to a restraint order under the 2002 Act. When he did come to know of the order he was asked to say it was a gift. He … Continue reading Kenny v Regina: CACD 30 Jan 2013
The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings. Held: The standard of care required was that: ‘the barrister must conduct himself in his professional work with … Continue reading McFaddens (A Firm) v Platford: TCC 30 Jan 2009
The parties had been partners in a family farm. On dissolution there was a dispute as to apportionment of costs. An offer had been ‘without prejudice save as to costs’.
Held: Costs may be denied to a plaintiff who had received a Calderbank . .
The parties had been partners in a family farm. On dissolution there was a dispute as to apportionment of costs. An offer had been ‘without prejudice save as to costs’.
Held: Costs may be denied to a plaintiff who had received a Calderbank . .
Choice of Division and Business Lists Claim that the publication of pictures of the young children of the celebrity claimants had been published by the defendant on-line without consent and without pixelation, in breach of their human rights, of data protection, and right to privacy. The defendants now sought the transfer of the case to … Continue reading Mezvinsky and Another v Associated Newspapers Ltd: ChD 25 May 2018
Judges: Mr Justice Miles Citations: [2022] EWHC 3057 (Ch) Links: Bailii Statutes: Civil Procedure Rules 11, Financial Services and Markets Act 2000 Jurisdiction: England and Wales Arbitration, Financial Services Updated: 12 December 2022; Ref: scu.683605
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
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005
The test to be applied to the question of summary disposal under s.8 of the 1996 Act is the same as that under CPR Part 24. Judges: Early J Citations: [2000] EMLR 681 Statutes: Defamation Act 1996 8, Civil Procedure Rules 24 Jurisdiction: England and Wales Cited by: Cited – Downtex v Flatley CA 2-Oct-2003 … Continue reading James Gilbert Ltd v MGN Ltd: 2000
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
‘The thinking behind the CPR was that they would speak for themselves and that courts would not have to refer to an ever increasing body of authority in order to apply them.’ Citations: [2003] EWCA Civ 205, [2003] 2 Lloyd’s Rep 146 Links: Bailii Statutes: Civil Procedure Rules 44.3 44.4 Jurisdiction: England and Wales Citing: … Continue reading ABCI v Banque Franco-Tunisienne and others: CA 27 Feb 2003
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
The claimant appealed an order requiring him to disclose to the defendants the terms of the instructions given to the expert witness. Held: Rule 35.10(4) restriction applied to prevent the defendant from obtaining an order for the inspection he sought. Judges: Waller, Mantell, Laws LJJ Citations: [2003] EWCA Civ 1102, Times 28-Aug-2003, Gazette 02-Oct-2003, [2004] … Continue reading Lucas v Barking, Havering and Redbridge Hospitals NHS Trust: CA 23 Jul 2003
Whether, where an Appellant’s Notice is filed with the Court of Appeal electronically in accordance with ‘Electronic Working Pilot Scheme’ introduced by Practice Direction 51O (‘PD 51O’), it may be filed at any time up to midnight on the last day of the permitted period or must, either generally or at least in the case … Continue reading Microsoft Ireland Operations Ltd and Others v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice): CA 11 Nov 2022
(Grand Chamber) The applicant, a prisoner serving a long sentence for Mafia-type criminal offences, was subjected to a special regime by ministerial decrees. The restrictions included not only very limited family visits but also a long period (seemingly about three years) in a special form of high-security unit which involved separation from prisoners in other … Continue reading Enea v Italy: ECHR 17 Sep 2009
The claimant had lost his claim against the bank, but resisted the amount of costs claimed. Held: The trial had been of a simple factual dispute, and the bank had failed adequately to disclose electronically held material in its possession. The bank had also, and despite having inhouse counsel, employed disproportionately expensive lawyers. The bank … Continue reading Earles v Barclays Bank plc: Merc 8 Oct 2009
Application for further security for costs. Judges: Christopher Clarke J Citations: [2005] EWHC 2309 (Comm) Links: Bailii Statutes: Civil Procedure Rules 25.13.2(a) 25.13.2(g) Civil Procedure Rules Updated: 09 November 2022; Ref: scu.467277
Once a legal aid certificate is revoked the party is deemed by statute never to have had the benefit of a legal aid certificate. The rules relating to assessment of costs which applied when a party had legal aid did not therefore apply. An order however which has once been made cannot be varied subsequently … Continue reading Deg-Deutsche Investitions Und Entwicklungsgesellschaft Mbh v Koshy and Others: ChD 13 Jan 2000
The parties had had a part trial, and settled. The Gardian Newspaper now applied for disclosure of various documents to support a proposed news story. The parties had disputed payment to the claimant of commissions on the sales of military vehicles by the defendant to an overseas government. The disclosure was opposed by the defendants. … Continue reading Chan v Alvis Vehicles Ltd and Another: ChD 8 Dec 2004
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
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
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009
Interlocutory Hearing re the filing of part of Form 8, Counterstatement and exhibits by way of email Result Incomplete documents filed in defence of registration by email: Appeal allowed. Registered Proprietor allowed to defend its registration Points Of Interest The filing of documents by email is allowed Summary An application for revocation of the mark … Continue reading Storm (Trade Mark: Revocation): IPO 4 Jul 2007
The court considered the approval required for an order under the 2002 Act. Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the ‘lifelong’ perspective of welfare in the Adoption and Children Act 2002 rather than the ‘minority’ perspective … Continue reading In re X and Y (Foreign Surrogacy): FD 9 Dec 2008
Where a patentee sues for infringement and then discontinues his claim against the alleged infringer and consents to the revocation of his patent, he may yet require the alleged infringer to pay a substantial proportion of his costs if he can show that this situation came about because the alleged infringer had amended his defence … Continue reading Baird v Moule’s Patent Earth Closet Co Ltd: CA 3 Feb 1876
The defendant appealed against a refusal to strike out the claim which was to seek to enforce a judgment obtained in Kiev and in the Ukraine Supreme Court. Held: It had been a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment. A court in England had … Continue reading Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012
The claimant alleged fraud against the defendant. The defendant now appealed against an order allowing service of the proceedings on him in Lebanon. Judges: Arden, Longmore, McFarlane LJJ Citations: [2011] EWCA Civ 1571 Links: Bailii Statutes: Civil Procedure Rules Part 11 Jurisdiction: England and Wales Citing: Appeal from – Abela and Others v Baadarani and … Continue reading Abela and Others v Baadarani: CA 15 Dec 2011
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority. Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. Citations: [2010] EWHC 508 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Nagle v Fielden CA 1966 The applicant, a … Continue reading McKeown v British Horseracing Authority: QBD 12 Mar 2010
The second defendant sought permission to read a statement in open court. In the claim, the claimant sought an injunction to restrain the first defendant from seeking to publish details of an extra marital affair with the second defendant. In the course of several hearings, statements had been made about her, and she wished to … Continue reading CTB v News Group Newspapers Ltd and Another: QBD 25 Nov 2011
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
The claimant had been awarded costs, and sought to charge her time as a solicitor. Held: The claimant had only a limited practicing certificate, which would allow her to work for others only without charge. She could not for these proceedings charge on the basis on which she would not be allowed to practise. Judges: … Continue reading Boyd and Hutchinson v Joseph: ChD 14 Mar 2003
Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation. Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are to resolve and the facts they are invited to find. Judges: Eady J Citations: [2009] EWHC … Continue reading Prince Radu of Hohenzollern v Houston and Another (No 4): QBD 4 Mar 2009
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
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
A party had been refused leave to appeal against an arbitration under the Act by the judge, but later obtained leave to appeal. Held: Such leave could only be granted by the trial judge, and the Court of Appeal could set aside the leave granted in excess of jurisdiction. The parties had argued that the … Continue reading Athletic Union of Constantinople v National Basketball Association and Others: CA 28 May 2002
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
(High Court of Australia) Legal practitioners – Negligence – Immunity from suit – Applicant sought legal assistance from first respondent, a statutory corporation deemed to be a firm of solicitors, in defence of criminal prosecution – First respondent retained second respondent, a barrister, to appear for applicant at committal proceedings – Applicant pleaded guilty at … Continue reading D’Orta-Ekenaike v Victoria Legal Aid: 10 Mar 2005
Application for reconsideration of refusal of leave to appeal. Judges: Lord Justice Flaux Citations: [2021] EWCA Civ 57 Links: Bailii, Juciciary Statutes: Civil Procedure Rules 52.30 Jurisdiction: England and Wales Citing: See also – UCP Plc v Nectrus Ltd ComC 21-Feb-2018 Application for stay pending proceedings in Isle of Man . . See also – … Continue reading Nectrus Ltd v UCP Plc: CA 21 Jan 2021
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
The court was asked what the proper approach of the court should be to judgments obtained in default where there has been non-compliance with the requirements of CPR 7.8. That rule provides under the heading ‘Form for Defence etcetera must be served with Particulars of Claim’. Citations: [2010] EWCA Civ 1621 Links: Bailii Statutes: Civil … Continue reading Rajval Construction Ltd v Bestville Properties Ltd: CA 14 Dec 2010
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
The parties disputed whether their ancillary relief claim was to be heard under the Family Proceedings Rules or the Civil Procedure Rules where the substance was to seek an order setting aside assets transfers. Citations: [2011] EWCA Civ 39 Links: Bailii Jurisdiction: England and Wales Litigation Practice, Family Updated: 01 September 2022; Ref: scu.428309
The respondent having successfully defended the claim by the Revenue, now sought its costs on an indemnity basis having made a Part 36 offer. The Revenue responded that Part 36 did not apply to such claims. Judges: Carnwath , Moses LJJ Citations: [2010] EWCA Civ 1448, [2011] STC 547, [2011] BVC 30, [2011] STI 129 … Continue reading Revenue and Customs v Blue Sphere Global Ltd: CA 16 Dec 2010
The claimant sought an order for enhanced disclosure. Judges: Gloster DBE J Citations: [2010] EWHC 2010 (Comm) Links: Bailii Statutes: Civil Procedure Rules 31.5(1) Jurisdiction: England and Wales Litigation Practice Updated: 29 August 2022; Ref: scu.425307
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
After a substantial personal injury case, the parties now disputed who should bear the costs of the costs assessment which had itself lasted 8 days. Held: Though the defendant had indeed managed to achieve a reduction in its liability on costs, that reduction was modest and nothing like what it had set out to achieve. … Continue reading Bold v Urbisity Ltd: QBD 13 Oct 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
The court examined the scope of CPR 6.30(2) in the context of an application for service on an officer resident in Greece of an order for his examination under CPR 71. Held: CPR 6.30(2) was concerned with documents requiring to be served on parties to the proceedings. Judges: Tomlinson J Citations: [2008] EWHC 378 (Comm), … Continue reading Vitol Sa v Capri Marine Ltd: ComC 29 Feb 2008
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
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
A company could give several people the power to appoint a receiver in respect of different elements of its assets. If this was done there was no fundamental reason why such appointments should not be put in effect. The appointment of one receiver did not, in the absence of explicit limitations to the contrary exhaust … Continue reading Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others: ChD 8 Feb 2000
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
Application for leave to appeal. Judges: Wall LJ Citations: [2009] EWCA Civ 754 Links: Bailii Statutes: Civil Procedure Rules 1998 52.3(6) Jurisdiction: England and Wales Children Updated: 30 July 2022; Ref: scu.361447
The defendant appealed against the admission of evidence on the respondent’s application for a football bannng order. A witness statement was based on intelligence reports which meant that the witness could not be effectively examined by he defence. Held: The magistrates should have proceeded by admitting the evidence, and an appeal court would have been … Continue reading Newman v Commissioner of the Police of the Metropolis: Admn 25 Mar 2009
Second appeal arising out of an application by the Appellant for an extension of time in which to serve a claim form pursuant to CPR 7.6(2). Judges: Lady Justice Simler Lord Justice Popplewell And Lady Justice Carr Citations: [2022] EWCA Civ 1037 Links: Bailii Statutes: Civil Procedure Rules 7.6(2), Athens Convention 2002 Jurisdiction: England and … Continue reading ST v BAI (SA) (T/A Brittany Ferries): CA 27 Jul 2022
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
The council appealed against a decision that the crown court had jurisdiction to extend the time for appeal against refusal of a private hire vehicle licence. Held: The court did not have the jurisdiction it used: ‘The terms of the section 300 of the Public Health Act 1936 are, in my view clear. A fixed … Continue reading Stockton-On-Tees Borough Council v Latif: Admn 13 Feb 2009
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
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006
Proceedings which invoked the jurisdiction of the High Court to grant declarations as to the best interests of incapacitated adults were civil proceedings to which the Civil Procedure Rules applied. Although not assigned to any division, having regard to their nature and the issues raised within them, such proceedings were more suitable for hearing in … Continue reading Practice Note (Family Division: Incapacitated adults): FD 2 Jan 2002
The claimant had succeeded in her claim and had recovered more than the sum paid in by the defendant, and now appealed an order for costs in favour of the defendant. Held: The award of costs to a successful claimant achieving more than any sum paid in was not automatic. Where the court felt that … Continue reading Carver v BAA Plc: CA 22 Apr 2008
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
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
Various parties had sought relief in the English courts and in Switzerland after an alleged fraud. There had been a mistake in service of the proceedings in England. The high court had dispensed with service an backdated the effect of the order to pre-date the Swiss proceedings. The court of appeal set aside the backdating … Continue reading Phillips and Another v Symes and others: HL 23 Jan 2008
The parties had disputed the terms of a construction contract, but it was settled very shortly after issue of proceedings. The court was asked whether only fixed costs should be payable if the defendant to an issued claim admits or pays the sum claimed within a few days of the issue on or before the … Continue reading Amber Construction Services Ltd v London Interspace Hg Ltd: TCC 18 Dec 2007
The appellants appealed against a refusal to strike out as an abuse of process the respondent’s claim against them for professional negligence in the drafting of development agreements.Buxton LJ considered the nature of the enquiry on such an application: ‘The court . . has to consider, by an intense focus on the facts of the … Continue reading Taylor Walton (A Firm) v Laing: CA 15 Nov 2007
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
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
The claimant sought to add the name of a further claimant. The defendant objected, saying that it was after the expiry of the limitation period. Held: The claimant was seeking to use the rules for substitution of parties to add a party. In defamation law, the claim of each claimant was a single and separate … Continue reading Adelson and Another v Associated Newspapers Ltd: CA 9 Jul 2007
The defendant occupied property belonging to the claimant. An order for immediate possession had been granted in January. The defendant now said that part of the order was been made without jurisdiction. Held: Though he occupied the property as a licensee only of the claimant, that licence had been granted against the promise of the … Continue reading Polar Park Enterprises v Allason: ChD 18 Apr 2007
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
The court was asked the parties agree an extension of time for service of a claim form outside the period specified in r. 7.5. The particulars of claim were served nearly five months late. Held: An extension of time could be agreed between the parties in writing, but the claim was struck out because there … Continue reading Thomas v The Home Office: CA 19 Oct 2006
The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the court to exercise its discretion or whether he was entitled … Continue reading Nelson and Another v Clearsprings (Management) Ltd: CA 22 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
