The plaintiff lived in Lincolnshire, but owned a house in Gwynnedd. She sought to serve a notice in her local County Court, appealing from an order for its demolition, but the manager of that Court refused to accept it saying that it should have been filed in Gwynnedd. The regulations said it was to be … Continue reading Gwynedd County Council v Grunshaw: CA 22 Jul 1999
The automatic directions timetable ceases to run on the stay of proceedings; a date was needed. Automatic directions were ousted if an order was made staying the action, even if it was likely that the stay would only be a temporary one. The rationale underlying the ouster of automatic directions was that the stay of … Continue reading Whitehead v Avon County Council (2): CA 10 Feb 1997
The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against … Continue reading Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007
The court made a Mareva order with ancillary disclosure orders for the purpose of enabling the plaintiffs to trace property acquired by the defendant and so take steps to seize that property if it derived from their assets. Judges: Templeman J Citations: Unreported, 26 May 1978 Jurisdiction: England and Wales Cited by: Cited – A … Continue reading London and County Securities Ltd v Caplin: ChD 26 May 1978
An application for submission of details supporting an application for outline planning permission had been made within the time limit. However, following an inquiry the Secretary of State had indicated that approval would be appropriate in respect of a more limited area, and had invited submission of detailed plans and information relating to the reduced … Continue reading Inverclyde District Council v Lord Advocate: 1981
Whether magistrates could adjourn cases to allow personal service of summonses. Citations: [2004] EWHC 1073 (Admin) Links: Bailii Statutes:
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive. Held: The Council’s appeal failed. The plan was too large a scale, and that could not invalidate the application. The only question is … Continue reading Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 2015
The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review. Held: Where the action impugned the authority’s performance of its statutory duties as a … Continue reading Cocks v Thanet District Council: HL 25 Nov 1981
The plaintiff had applied for disclosure of assets under the Rules of the Supreme Court in support of a Mareva freezing order. The rules were held not to provide any such power: disclosure of assets could not be obtained as part of discovery as the documents concerned did not relate ‘to matters in question in … Continue reading A J Bekhor and Co Ltd v Bilton: CA 6 Feb 1981
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court. Held: The governor was in contempt of court. Subject to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
A personal injury claimant may not insist on a friend’s presence at an examination by the doctor instructed by defendants. . .
It was not an abuse of process, to restart a claim within the limitation period after an automatic striking out of an earlier action. Millett LJ referred to the ‘same dilatory progress’ all the parties to the action continued to make after the guillotine date. Sir Thomas Bingham MR said: ‘I would add only this … Continue reading Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc: CA 18 Jan 1996
An agreement between the parties to extend the time for filing a defence, ousts the automatic striking out rules. Citations: Times 05-Jun-1995, Ind Summary 03-Jul-1995 Statutes: County Court Rules 1981 Jurisdiction: England and Wales Litigation Practice, Litigation Practice Updated: 21 January 2023; Ref: scu.81301
An application for extension of time is implied in an application to set down; no strike out should follow. Citations: Times 30-Jun-1995, Gazette 19-Jul-1995 Statutes: County Court Rules 1981 Order 17 rule 11(9) Jurisdiction: England and Wales Litigation Practice Updated: 21 January 2023; Ref: scu.80501
A company represented in proceedings by a director is not a litigant in person, and therefore has no expenses or costs claimable from the other party. Hirst LJ said: ‘. . the ordinary meaning, as I understand it, of the description ‘litigant in person’, viz an unrepresented individual’. Peter Gibson LJ said: ‘A litigant in … Continue reading Jonathan Alexander Ltd v Proctor: CA 19 Dec 1995
A defendant who is unready to present his defence or part of it at the time of trial should understand that the court has the discretionary power to strike out a defence and to enter judgment by default. Citations: Times 28-May-1999, [1999] EWCA Civ 1307 Statutes: County Court Rules 1981 Order 9 Rule 6 Jurisdiction: … Continue reading Garner v Stonestreet: CA 29 Apr 1999
The plaintiff sought damages from the estate. The appointed defendant had not taken out a grant of probate. There was confusion about the terms of an order made authorising the representation. Held: The judge did have discretion to make an order for representation in respect of future proceedings. In not exercising his discretion to extend … Continue reading Gesek v Estate of Tusnelda Maria Giller (Deceased): CA 13 Nov 1998
Even if a case is quite unsuitable for automatic directions, the plaintiff has an obligation to apply instead for specific manual directions to stand in their stead. It would be wrong to allow a plaintiff to escape from the discipline of the automatic directions timetable simply by issuing an application seeking an order that the … Continue reading Cockeril v Tambrands Limited: CA 21 May 1998
Judges: Brooke, Mummery, Balcombe LJJ Citations: [1998] 2 All ER 513, [1998] EWCA Civ 200, [1998] 1 WLR 1354, [1999] PIQR P16 Links: Bailii Statutes: County Court Rules 1981 10 Jurisdiction: England and Wales Personal Injury, Litigation Practice Updated: 14 November 2022; Ref: scu.143678
The Court had been right to disallow a discontinuance where there appeared to be an abuse of process. The common law right to non-suit has disappeared. Judges: Lord Woolf MR, Potter, May LJJ Citations: Times 26-Feb-1998, [1998] EWCA Civ 139, [1998] 1 WLR 682, [1998] 2 All ER 68 Links: Bailii Statutes: County Court Rules … Continue reading Gilham v Browning and Another: CA 3 Feb 1998
An order striking out a defence and requiring fully argued directions to be filed left the action without directions; no automatic directions could apply. Citations: Gazette 26-Feb-1998, Times 11-Feb-1998, [1998] EWCA Civ 113, [1998] 1 WLR 1184, [1998] 2 All ER 356, [1998] PIQR P149 Links: Bailii Statutes: County Court Rules 1981 Order 17 Rule … Continue reading Figgett v Davis: CA 30 Jan 1998
A claim for under pounds 3,000 in County Court is automatically referred to arbitration without the need for any order to that effect. Judges: Saville, Brooke, Waller LJJ Citations: Times 28-Jul-1997 Statutes: County Court Rules 1981 17 11 Jurisdiction: England and Wales Citing: See Also – Greig Middleton and Company v Denderowicz and Olaleye-Oruene v … Continue reading Greig Middleton and Co Ltd v Denderowicz (No 2): CA 28 Jul 1997
Judgment in default can be set aside by a plaintiff in order to renew proceedings. Citations: Times 21-Mar-1997 Statutes: County Court Rules 1981 Order 37 r 4 Jurisdiction: England and Wales Litigation Practice Updated: 06 November 2022; Ref: scu.84461
Premature request for hearing date satisfied automatic directions rules. Citations: Times 09-Jan-1997 Statutes: County Court Rules 1981 Order 17 1193)(d) Jurisdiction: England and Wales Litigation Practice Updated: 04 November 2022; Ref: scu.80395
A request for a trial after the six month limit, but within the fifteen month limit, was valid without a prior application for extension of time, despite the automatic directions provisions. Citations: Gazette 13-Dec-1996, Times 09-Dec-1996, [1996] EWCA Civ 1031, [1997] PIQR P66, [1997] 1 WLR 381 Links: Bailii Statutes: County Court Rules 1981 O … Continue reading Perry v Wong: CA 25 Nov 1996
The service of a writ on a professional person at his last known business address was proper. Citations: Gazette 05-Feb-1997, Gazette 29-Jan-1997, Gazette 22-Jan-1997, Times 26-Nov-1996, [1996] EWCA Civ 860, [1997] 1 WLR 446 Links: Bailii Statutes: Rules of the Supreme Court 10 1(2)(b) 83(3), County Court Rules 1981 3(1)(a) Jurisdiction: England and Wales Litigation … Continue reading Robertson v Banham and Co (a Firm): CA 31 Oct 1996
False imprisonment actions are actions for money, but the Judge has a discretion on costs. Citations: Times 24-Apr-1996 Statutes: County Court Rules 1981 Order 38 R 4 Jurisdiction: England and Wales Costs Updated: 31 October 2022; Ref: scu.78697
Costs award above scale correct after assessment relative to scale.The County Court costs scales are to be considered when departing from the scale. An award above scale rates may be correct after an assessment relative to the scale. Citations: Times 18-Oct-1996, Gazette 17-Jul-1996 Statutes: County Court Rules 1981 38(9) Jurisdiction: England and Wales Costs Updated: … Continue reading Daniels v Lambeth London Borough Council: CA 23 May 1996
Witness statements which had not been served in accordance with the rules were not be admitted. Courts are to adopt a far stricter approach to applications for adjournment based on lack of readiness for trial than hitherto: ‘I would like to make it absolutely clear that I do not accept that submission. The very reason … Continue reading Beachley Property Ltd v Edgar: CA 18 Jul 1996
Automatic directions did not apply to proceedings transferred from the High Court before 1990. Citations: Times 19-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.89723
Re-instatement of an action after an automatic strike out could be proper if due diligence and a reasonable excuse could be shown. ‘The principles which emerge from those three decisions can be stated in summary form: (a) there are two threshold tests: see Rastin; Hoskins; (b) in relation to both these tests the onus of … Continue reading Reville v Wright: CA 18 Jan 1996
A mistake as to the legal effect of the court’s timetable is no excuse to prevent an automatic striking out of a case. Citations: Times 18-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.88928
The automatic directions timetable starts when the last defendant delivers his defence. Citations: Times 19-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11)(9) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.84687
To ‘deliver’ is to lodge a defence at court as opposed to when it is sent for questions as to start of court timetables. Citations: Times 18-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.83065
The Small Claims procedure includes a full power for a District Judge to grant injunctions and otherwise, including in this case making an order for specific performance. Citations: Ind Summary 26-Jun-1995, Times 02-May-1995 Statutes: County Court Rules 1981 19 Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.82637
Solicitor’s oversight of effect of rules is no excuse which would serve to justify court allowing time extension. Citations: Times 18-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.81125
A request to extend time for setting down a case included and implied alternative to set down. Citations: Times 18-Jan-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.78914
Where automatic directions had not been followed, a later hearing application was not an not abuse of process. Citations: Times 16-Nov-1995, [1996] 1 WLR 542 Statutes: County Court Rules 1981 Order 7 Jurisdiction: England and Wales Cited by: Cited – Hawkins v Keppe Shaw, Solicitors (a Firm) CA 20-Jul-2001 The solicitors represented the applicant in … Continue reading Ashworth v McKay Foods Ltd: CA 16 Nov 1995
Postal service at the last known address within the jurisdiction is valid even though the defendant was known to be abroad. The summons was then posted on to him abroad and was properly served under County Court Rules 1981. Citations: Gazette 16-Jun-1993, Independent 19-May-1993, Times 07-May-1993, [1993] 1 WLR 1305 Jurisdiction: England and Wales Cited … Continue reading Rolph v Zolan: CA 7 May 1993
An action which had been automatically struck out, may be re-instated if there had been good cause for the delay. ‘The proper approach to the exercise of any judicial discretion must be governed by the legal context in which the discretion arises.’ and ‘A retrospective application to extend time should not succeed unless the plaintiff … Continue reading Rastin v British Steel Plc, Todd v Evans, Adams v Geest Plc: CA 18 Feb 1994
Appeals under the Family Proceedings Rules had to be read in conjunction with the CCR Order 37 r 6, and the judge hearing the appeal had discretion to substitute his own view for that of the court below. This is different from what applies on appeal to the Court of Appeal. In particular the judge … Continue reading Marsh v Marsh: CA 1 Mar 1993
The applicant had employed the defendant. He paid them in cash, and they were also paid by the Legal Aid Board. The defendant counter-claimed for other unpaid fees. The district judge had, as arbitrator, found for the defendant. Held: despite misgivings, the issues were ones of fact on which the appeal court could not rule. … Continue reading Savino v Oates: CA 18 Jun 1997
Automatic timetable did not apply on damages assessment after judgment Citations: Times 27-Mar-1997 Statutes: County Court Rules 1981 Order 17 11(9) Jurisdiction: England and Wales Litigation Practice Updated: 13 August 2022; Ref: scu.80904
An appeal from a district judge on a taxation was by way of re-hearing; A County Court Judge was not restricted to following the discretion as exercised on the first hearing. Citations: Gazette 29-Oct-1997, Times 14-Nov-1997 Statutes: Rules of the Supreme Court Order 62 r 28(5), County Court Rules 1981 Order 13 1(10) Jurisdiction: England … Continue reading Vandersteen (Executor of the Estate of Mcguinness, Dec’d) v Agius and Another: CA 29 Oct 1997
A taxation review is a rehearing by the circuit judge, exercising his own discretion. It is not the exercise of an appellate jurisdiction. Citations: Gazette 13-Jan-1993, [1993] 1 WLR 989 Statutes: County Court Rules 1981 38(24)(6), Solicitors Act 1974 74 Jurisdiction: England and Wales Costs, Legal Professions, Litigation Practice Updated: 10 July 2022; Ref: scu.83292
A Local Authority seeking possession under CCR Ord. 24 of land which was occupied by gypsies, had no duty to make enquiries about their housing status. The Department of Environment circular stated only what was good practice, not what was the necessary practice. Citations: Times 09-Nov-1998, [1998] EWHC Admin 1015 Links: Bailii Statutes: County Court … Continue reading Regina v London Borough of Hillingdon ex parte McDonagh: Admn 28 Oct 1998
Time did not run for the purposes of CCR Order 9 Rule 10 during a period when the action was stayed pursuant to an order for a stay made under CCR Order 6 Rule 1(6) pending the filing of a medical report in support of a claim for damages for personal injuries. Held: In an … Continue reading Cashmore v Blue Circle Plumbing Fixtures Ltd: CA 30 Jul 1996
The solicitors represented the applicant in a claim for personal injuries. The action was struck out, and he sued the solicitors for negligence. Composite directions had been given, and the question was whether the making of those directions ousted the automatic directions, under which the action was struck out for delay. Held: That question had … Continue reading Hawkins v Keppe Shaw, Solicitors (a Firm): CA 20 Jul 2001
Direction was given as to the circumstances allowing an appeal out of time after a change in the law affecting a decision after the judgment had been given. Corrections to Bannister v SGB plc made in respect of time calculations in County Court Rules in cases under Order 17 r 11. The rule led to … Continue reading Greig Middleton and Company v Denderowicz and Olaleye-Oruene v London Guildhall University (No 1): CA 4 Jul 1997
The requirement that a penal notice must have been endorsed upon an order before an application is made to commit the respondent for contempt, was not absolute. In exceptional and clear cases only, as here, such an order could be made, but this should be discouraged. Citations: Times 10-Mar-2000, [2000] EWCA Civ 4 Links: Bailii … Continue reading Jolly v Hull and Others, Jolly v Jolly: CA 21 Jan 2000
Interlocutory direction by judge displaces the automatic directions timetable. Citations: Times 19-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 19 May 2022; Ref: scu.80108
After acceptance of money paid into court in proceedings issued unnecessarily quickly, the taxing officer alone has the power to disallow costs.Powers of the County Court to deal with costs unnecessarily incurred as the result of the premature issue of proceedings in personal injury actions where liability was not in issue. Judges: Lord Woolf Citations: … Continue reading Burrows v Vauxhall Motors Ltd; Mongiardi v IBBC Vehicles Ltd: CA 19 Nov 1997
The claimant said she had been falsely imprisoned by the defendant taxi driver. A stay prevented a party from moving forward in proceedings, but did not stop time running for all purposes, including under CCR Ord 7 rule 20 which was a self contained code for extending the period of validity of a summons. Citations: … Continue reading Aldridge v Edwards: CA 16 Mar 2000
An admission of fault, without acceptance of liability, was not enough to be an admission which could set the 12 month strike out clock running. Citations: Times 17-Feb-1998, Gazette 11-Mar-1998 Statutes: County Court Rules 1981 Order 9 Rule 10(I) Jurisdiction: England and Wales Litigation Practice Updated: 10 May 2022; Ref: scu.83068
When case staid for non-prosecution, a defence delivered during the stay did not become delivered upon the lifting of the stay. Defendant could still argue that action struck out automatically. Citations: Gazette 17-Jun-1998, Times 04-Jun-1998 Statutes: County Court Rules 1981 Order 17 Rule 11 Jurisdiction: England and Wales Litigation Practice Updated: 10 May 2022; Ref: … Continue reading Jackson and Others v Pinchbeck and Others: CA 4 Jun 1998
Automatically struck out case can continue until the order in that behalf and after successful appeal by virtue of manual directions instead of automatic timetable etc. Citations: Gazette 10-Jun-1998, Times 04-Jun-1998 Statutes: County Court Rules 1981 Order 17 Rule Jurisdiction: England and Wales Litigation Practice Updated: 28 April 2022; Ref: scu.85057
The automatic directions timetable takes precedence over the contrary information given in the court form. Citations: Times 18-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11), County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 10 April 2022; Ref: scu.90530
Service was insufficient if the papers sent to an address at which defendant was never in fact present. A summons to be served by post had to go to an address where the person has a continuing presence. The case of White v West was applied independently of the rules of ther county court. The … Continue reading Willowgreen Ltd v Smithers: CA 16 Feb 1994
Re-instatement on automatic strike out; not as dismissal for want of prosecution. Citations: Gazette 21-Feb-1996 Statutes: County Court Rules 1981 Order 17 11 Jurisdiction: England and Wales Litigation Practice Updated: 08 April 2022; Ref: scu.82464
At a trial under the small claims procedure, the registrar had declined to allow the defendant company to dross examine the plaintiff, and the counr court judge had held that decision to be well within the registrar’s discertion under the rules, on the basis that as acting without lawyers, they would be unable to achieve … Continue reading Chilton v Saga Holidays Plc: CA 3 Dec 1984
A possession warrant, properly issued and executed in ignorance of a payment into court by the tenant was not an abuse of process. The tenant had paid funds into court in the mistaken belief that this would be effective to set aside the warrant. She was assisted in this misapprehension neither by the Court nor … Continue reading Jephson Homes Housing Association v Moisejevs and Another: CA 1 Nov 2000
A non-party affected by an order but not served can apply to set order aside after being joined. Times 24-Mar-1997 County Court Rules 1981 Order 37 2; Order 15 r1 England and Wales Litigation Practice Updated: 30 November 2021; Ref: scu.82216
Postal service of County Court proceedings on an address within the jurisdiction could be good service notwithstanding that the defendant was physically outside the jurisdiction at the time of such service. Referring to RSC O10R1: ‘Thus it is expressly provided that postal service of process in the High Court can only be effected on a … Continue reading Rolph v Zolan: CA 1993
The striking out of a claim is automatic in the absence of an order agreeing an extension or judgment or a defence after 12 months. . .
A request for a trial after the six month limit, but within the fifteen month limit, was valid without a prior application for extension of time, despite the automatic directions provisions. . .
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
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
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no valid engineer’s decision within the time limit provided. Held: The court must avoid … Continue reading Amec Civil Engineering Ltd v Secretary of State for Transport: CA 17 Mar 2005
The department complained that the defendants had entered into a transaction with their farm at an undervalue so as to defeat its claim for recovery of sums due. The transaction used the grant of a tenancy by the first chargee. Held: The farmers’ appeal as to the farm transaction failed: ‘beyond argument that DEFRA was … Continue reading Feakins and Another v Department for Environment Food and Rural Affairs (Civ 1513): CA 9 Dec 2005
The plaintiffs said the first defendant had defrauded them of substantial sums, and implicated other defendants. They claimed against five defendants variously for conspiracy to defraud and deceit and for breach of warranty. They also sought to trace the sum of andpound;383,872 paid under a mistake of fact induced by fraud, into an account with … Continue reading A v C (Note): ChD 1980
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 claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced. Held: The 1988 Act provided only limited circumstances for a payment, but … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007
The store introduced a system whereby when a customer paid by credit card, the charges made to them for card handling were expressed as a separate amount on the receipt. The store then said that VAT was payable only on the net amount allocated to the goods purchased. Held: The till slip was insufficent to … Continue reading Revenue and Customs v Debenhams Retail Plc: CA 18 Jul 2005
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004
The court considered the use of powers of compulsory purchase of land under the Acts. Held: ‘In answer to counsel’s submissions as to ‘special rules’, I summarise my conclusions thus. First, I do not accept that any special rules beyond the ordinary Wednesbury/Ashbridge rules fall to be applied when the court is considering a challenge … Continue reading Regina v Secretary of State for Transport, ex parte de Rothschild: CA 1988
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
The court refused leave to appeal from the High Court. It would be absurd if, when an order was made restricting commencement of proceedings by a vexatious litigant, that the High Court should not have power to restrain by the same order also commencement of proceedings in the County Court. Judges: Lord Woolf LCJ Citations: … Continue reading Ebert v Venvill (Trustee In Bankruptcy); Woolf; Midland Bank Plc and Rabinowicz (a Solicitor): CA 5 Jul 1999
At trial in the magistrates court, the prosecution had failed to bring evidence that the computer used to analyse the defendant’s breath alcohol was in proper working condition. The defendant submitted no case to answer, and the magistrates allowed the prosecutor to re-open his case to put the evidence. The defendant appealed. Held: The appeal … Continue reading Christopher James Jolly v Director of Public Prosections: Admn 31 Mar 2000
The applicant operated a hot food takeaway caravan from a market place. She had no written licence, operating under an informal arrangement with the local authority. Her rights were terminated without notice. Held: The decision was quashed. It had been made in breach of the rules of natural justice.The court rejected the submission that decisions … Continue reading Regina v Wear Valley District Council, ex p Binks: 1985
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the insubstantial nature of a teletext broadcast, the page constituted, sufficiently for the Act, ‘an advertisement … Continue reading Victor Chandler International v Commissioners of Customs and Excise and another: CA 8 Mar 2000
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000
Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had closed its doors to consider’. A mental health review tribunal is a … Continue reading Pickering v Liverpool Daily Post and Echo Newspapers plc: HL 1991
The court was asked: ‘can a way which is not connected to another public highway, or to some other point to which the public have a right of access, itself be a public highway?’ A path had been registered over part of te claimant’s land, but with no connection to any route back to the … Continue reading Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs and Another: Admn 19 Jul 2012
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report failed to allow for established guidance on the topic, leading to the … Continue reading HB v PB: FD 9 Jul 2013
Wide Application of Costs Against Third Party A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now appealed. Held: The appeals were allowed. The court’s … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
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
The applicants sought to oblige the local authority, in compliance with its duties under the 1989 Act, to provide a home for children, and where necessary an accompanying adult. Held: There were four hurdles for the applicants to cross. They must show that their children are children in need within the meaning of section 17(10). … Continue reading Regina v London Borough of Barnet ex parte G; Regina v London Borough of Lambeth ex parte W; Regina v London Borough of Lambeth ex parte A: HL 23 Oct 2003
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
The appellants said they had been had been discriminated against on the grounds of their sex by the TUPE Regulations. Their discrimination cases had been dismissed as out of time. Held: The employees’ appeals were dismissed: ‘A statute cannot speak with two different voices at one and the same time. The rule that section 2(4) … Continue reading Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3): HL 8 Mar 2006
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
The applicant had been committed for ten months for contempt, being in breach of family court injunctions. He applied to be released after two months on the basis that the unserved balance of the sentence be suspended. The court held that it had the power to do this, even in the absence of any direct … Continue reading Harris v Harris; Harris v Attorney General: FD 21 May 2001
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of … Continue reading Ashingdane v The United Kingdom: ECHR 28 May 1985
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The case concerned restrictions on the rent that a property owner could charge. The restrictions were applied to existing leases. It was said that the restrictions brought into play the second paragraph of Article 1 of the First Protocol to the Convention. Held: The second paragraph reserves to States the right to enact such laws … Continue reading Mellacher and Others v Austria: ECHR 19 Dec 1989
