A court which was considering ordering a third party, who was not party to the action, to pay costs in an action, should first be satisfied that it is just to do so in all the circumstances. There is no need to establish any exceptional circumstances. There must be a connection between the incurring of … Continue reading Globe Equities Ltd v Globe Legal Services Ltd and others and Other Actions: CA 5 Mar 1999
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981
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Her Majesty’s Attorney General for England and Wales applies for an all proceedings order under section 42 of the Senior Courts Act 1981 . .
Part 8 claim seeking the removal of the defendant as executor under s. 50 of the Administration of Justice Act 1985, alternatively that he be passed over as executor pursuant to s.116 of the Senior Courts Act 1981. . .
Applications for non-party disclosure pursuant to CPR rule 31.17 and section 34 of the Senior Courts Act 1981. Judges: Mr Justice Henshaw Citations: [2021] EWHC 1054 (Comm) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 20 December 2022; Ref: scu.662356
In each case the defendant had succeeded in a defence of a personal injury claim, but had been unable to recover the costs, the claimant being impecunious, and the solicitors having acted on a conditional fee basis and without any after the event insurance. They now sought disclosure of the funding arrangements in detail, suspecting … Continue reading Germany v Flatman: QBD 10 Nov 2011
The claimants sought a wasted costs order against solicitors acting for one defendant. Judges: Turner J Citations: [2015] EWHC 1337 (QB), [2015] 3 Costs LR 531, [2015] PNLR 26 Links: Bailii Statutes: Senior Courts Act 1981 51 Jurisdiction: England and Wales Costs, Legal Professions Updated: 07 December 2022; Ref: scu.546562
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
When a court is asked which of several people may be appointed administrator of a deceased’s estate section 116 jurisdiction is capable of being engaged. Judges: Patten J Citations: [2008] EWHC 844 (Ch) Statutes: Senior Courts Act 1981 116 Jurisdiction: England and Wales Cited by: Cited – Anstey v Mundle and Another ChD 25-Feb-2016 The … Continue reading Scotching v Birch: ChD 2008
(1) Extra-statutory immigration policies should be interpreted in accordance with the objective meaning that a reasonable and literate person would ascribe to them. (2) The Home Office discretionary leave policy should not be read as saying that, once it is decided that an individual continues to qualify for further leave on the same basis as … Continue reading Ellis, Regina (on The Application of) v Secretary of State for The Home Department (Discretionary Leave Policy; Supplementary Reasons): UTIAC 5 Feb 2020
Issues of law relating to jury trial in civil cases, in particular the need for the timely application by a party that a matter be tried with a jury rather than by judge alone. The appeal is against an order refusing the claimant’s application for trial by jury in a claim for damages arising out … Continue reading Gregory v The Commissioner of The Police for The Metropolis: QBD 27 Nov 2014
Application for costs award against non-party. Judges: Mackie QC J Citations: [2011] EWHC 1524 (Comm) Links: Bailii Statutes: Senior Courts Act 1981 51 Jurisdiction: England and Wales Costs Updated: 25 November 2022; Ref: scu.440895
Judges: Lady Justice Andrews and Mr Justice Cavanagh Citations: [2022] EWHC 2832 (Admin) Links: Bailii Statutes: Senior Courts Act 1981 42 Jurisdiction: England and Wales Litigation Practice, Contempt of Court Updated: 17 November 2022; Ref: scu.682832
The court considered applications for discovery of costs arrangements of claimants in personal injury cases who had lost their cases. The defendant’s insurers sought to establish that solicitors had arranged to pay disbursements for the claimants, and that this would make the solicitors potentially liable as third parties for the defendants’ legal costs. Judges: Mummery, … Continue reading Flatman v Germany: CA 10 Apr 2013
The claimant, owners of several valuable trade marks sought orders requiring the several defendant broadband service supplies to block access to websites which infringed their trade marks. Judges: Arnold J Citations: [2014] EWHC 3354 (Ch), [2014] WLR(D) 464, [2015] 1 All ER 949, [2015] ETMR 1, [2015] EMLR 10, [2015] BUS LR 298, [2015] RPC … Continue reading Cartier International Ag and Others v British Sky Broadcasting Ltd and Others: ChD 17 Oct 2014
The solicitors sought payment of their fees on the insolvency of a football club as an expense of the administration. Judges: Morgan J Citations: [2013] Bus LR 374, [2012] EWHC 3088 (Ch), [2012] WLR(D) 310 Links: Bailii, WLRD Statutes: Senior Courts Act 1981 51 Jurisdiction: England and Wales Insolvency, Costs Updated: 06 November 2022; Ref: … Continue reading Neumans Llp (A Firm) v Andronikou and Others: ChD 2 Nov 2012
The claimant request directions that the defamation action should be without a jury. Held: ‘This will not be a trial which requires a prolonged examination of documents. I accept that there will be more than one viewing of the material, but I also accept the submission of Mr Thwaites that the material must be viewed … Continue reading Boyle v MGN Ltd: QBD 9 Oct 2012
Does a person against whom a vexatious litigant desires to bring proceedings have a right to make submissions to the court, whether orally or in writing, concerning whether such permission should be granted? Judges: Mr Justice Turner Citations: [2013] EWHC 961 (Admin) Links: Bailii Statutes: Senior Courts Act 1981 42 Jurisdiction: England and Wales Litigation … Continue reading Ewing v London Borough of Camden: Admn 22 Apr 2013
A judgment creditor, applied for an order requiring Mr Brewster, his judgment debtor, to elect to draw down a lump sum from his pension in order to enable the judgment creditor to obtain a third party debt order against the pension trustees. Held: Mr Moss granted an injunction under section 37(1) of the 1981 Act … Continue reading Blight and Others v Brewster: ChD 9 Feb 2012
The claimant company sought to restrain its former employee from anticipated misuse of its confidential information. Held: Stanley Burnton LJ, in a paragraph with which the other members of the court agreed, said: ‘[counsel for the claimant] told the judge that it was normal practice in claims for confidentiality injunctions for the service of particulars … Continue reading Caterpillar Logistics Services (UK) Ltd v De Crean: CA 21 Feb 2012
Whether an order for disclosure of documents can be made against a third party outside England and Wales pursuant to section 34 of the Senior Courts Act 1981. Judges: Lady Justice Nicola Davies Lord Justice Males And Lord Justice Lewis Citations: [2022] EWCA Civ 1270 Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 15 … Continue reading Gorbachev v Guriev: CA 30 Sep 2022
The claimants said that their voicemail accounts had been hacked by one defendant on behalf of the other. They sought discovery of records, and the defendants argued for the benefit of the privilege against self incrimination.Lord Neuberger MR discussed the use of the privilege against self incrimination (‘PSI’), saying: ‘I would take this opportunity to … Continue reading Coogan v News Group Newspapers Ltd etc: CA 1 Feb 2012
The defendant appealed against an order refusing trial by judge alone on the basis that the application had been made out of time. Judges: Tugendhat J Citations: [2011] EWHC 1376 (QB) Links: Bailii Statutes: Senior Courts Act 1981 69 Jurisdiction: England and Wales Citing: See Also – Thornton v Telegraph Media Group Ltd QBD 16-Jun-2010 … Continue reading Thornton v Telegraph Media Group Ltd: QBD 27 May 2011
Judges: Adam Johnson J Citations: [2021] EWHC 392 (Ch), [2021] WLR(D) 120 Links: Bailii, WLRD Statutes: Senior Courts Act 1981 37, Civil Jurisdiction and Judgments Act 1982 25(1), Cross-border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency Updated: 11 September 2022; Ref: scu.658921
The parties were born and lived in India and were Hindu. They came to the UK but after separation, returned to India, leaving no assets here. H began divorce proceedings in India, but W then issued a petition here. She now appealed against on order staying her petition, saying that the Court had no jurisdiction … Continue reading Mittal v Mittal: CA 18 Oct 2013
The mother of a murder victim sought to challenge the release of her murderer on parole. The court considered her standing to seek review, saying: ‘In defining the standing requirement, Parliament chose a deliberately open-textured phrase: an applicant must demonstrate a ‘sufficient interest in the matter to which the application relates’.’ Judges: Lady Justice Macur … Continue reading McCourt, Regina (on The Application of) v The Parole Board for England and Wales and Others: Admn 1 Sep 2020
The claimants challenged the procurement methods of the respondent in acquiring land to support a development. The Court considered their standing to bring such proceedings. Held: Arden LJ’s observations in Chandler (and Richards J’s in Kathro) had not been intended to suggest that anyone who did not have an ‘ulterior’ or ‘improper’ motive would have … Continue reading Wylde and Others v Waverley Borough Council: Admn 9 Mar 2017
May LJ noted: ‘an action which does not come within section 69(1) has to be tried without a jury, unless the court in its discretion orders it to be tried with a jury. The discretion is now very rarely exercised, reflecting contemporary practice. Contemporary practice has an eye, among other things, to proportionality; the greater … Continue reading Times Newspapers Ltd and others v Armstrong: CA 13 Jun 2006
The bank appealed against an order for pre-action dicslosure and payment of the costs to date of its customers request for copies of the agreement under which it sought payment, and otherwise. Held: After Carey it was not to be argued that the bank was under a duty to provide the original signed agreement or … Continue reading Kneale v Barclays Bank Plc (T/A Barclaycard): ComC 23 Jul 2010
Practice and procedure – Civil Procedure Order – section 42 Senior Courts Act 1981 The claimant is subject to a Civil Procedure Order (‘CPO’), which provides that he shall not initiate civil proceedings without the leave of the High Court. Notwithstanding that requirement, the claimant purported to bring a claim of unlawful age discrimination before … Continue reading Williamson v The Bishop of London and Others: EAT 1 Aug 2022
Application by successful party to join a third party so as to make costs order against him. Judges: Akenhead J Citations: [2014] EWHC 3243 (TCC) Links: Bailii Statutes: Senior Courts Act 1981 51 Jurisdiction: England and Wales Citing: Cited – Dymocks Franchise Systems (NSW) Pty Ltd v Todd and others (No. 2) PC 21-Jul-2004 PC … Continue reading Weatherford Global Products Ltd v Hydropath Holdings Ltd and Others: TCC 10 Oct 2014
Application by the claimant under section 37 of the 1981 Act for the appointment of receivers by way of equitable execution over certain assets of the first defendant and the second defendant attempting to enforce a London arbitration award. Judges: Males J Citations: [2014] EWHC 3131 (Comm) Links: Bailii Statutes: Senior Courts Act 1981 37 … Continue reading Cruz City 1 Mauritius Holdings v Unitech Ltd and Others: ComC 2 Oct 2014
Application under s. 37(1)[1] of the Senior Courts Act 1981 for an order compelling the Defendants to provide disclosure verified by an affidavit of a proper officer of all their assets worldwide. Judges: Field J Citations: [2013] EWHC 1323 (Comm) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 21 July 2022; Ref: scu.510037
Appeal against an order dismissing his without notice application for an anti-harassment injunction against the Respondent. The Judge dismissed the Application on the single ground that she did not have jurisdiction to make the order sought. The Judge appeared to have failed to consider whether she had jurisdiction by reference to section 37(1) of the … Continue reading Cant v Seton: CA 29 Jul 2020
The appeal raises issues as to whether the Council had a contractual right to the costs or, alternatively, was entitled to them pursuant to section 51 of the Senior Courts Act 1981 Judges: Lady Justice Macur Lord Justice Newey And Lord Justice Nugee Citations: [2022] EWCA Civ 831 Links: Bailii Jurisdiction: England and Wales Costs … Continue reading Mayor and Burgesses of The London Borough of Tower Hamlets v Khan: CA 21 Jun 2022
VDT VALUE ADDED TAX – input tax – suspected carousel or MTIC fraud – input tax repayment withheld pending ECJ judgment in Optigen and others – input tax paid with repayment supplement shortly after release of judgment – whether interest payable in addition – yes – whether rate of interest to be abated because of … Continue reading Totel Ltd v Revenue Customs: VDT 19 May 2006
The defendants sought an order for payment of their costs by the claimants solicitors who, they said had wasted them Judges: Stephen Davis J Citations: [2012] EWHC 2628 (TCC) Links: Bailii Statutes: Senior Courts Act 1981 51(3), Civil Procedure Rules 48.2 Jurisdiction: England and Wales Costs, Civil Procedure Rules Updated: 04 July 2022; Ref: scu.465189
Costs against third party funder – limited to value of claim – No Judges: Snowden J Citations: [2019] EWHC 997 (Ch), [2019] WLR(D) 238 Links: Bailii, WLRD Statutes: Senior Courts Act 1981 51(1) Jurisdiction: England and Wales Costs Updated: 28 June 2022; Ref: scu.636132
Application to determine the admissibility of evidence on which the applicant executors wish to rely in an application for costs against the respondents under s.51 of the Senior Courts Act 1981. The Contested Material comprises references made in the course of inter-solicitor correspondence marked ‘Without Prejudice Save As to Costs’ to what was said and … Continue reading Willers v Joyce and Others: ChD 12 Apr 2019
The claimant was subject to an order requiring him to obtain leave before commencing any civil proceedings. He commenced a private prosecution which the respondent later decided to take over and discontinue. He sought judicial review of that decision. He said that no leave was required because it was part of criminal proceedings not covered … Continue reading Ew v Director of Public Prosecutions and Others: CA 11 Feb 2010
Senior Courts Act 1981The complainant requested a copy of papers related to meetings of a joint working group of the Advisory Committee on Pesticides and the Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment. Some information was provided at the time of the request and during the Commissioner’s investigation. However, the … Continue reading Advisory Committee On Pesticides (Decision Notice): ICO 28 Aug 2012
Appeal from conviction – he had been impersonated by another at his trial. He lived abroad, and his property managed by his attorney and agent. The conviction related to a planning enforcement notice. The court now considered its jurisdiction to attack a summary trial in the Magistrates Court rather than a Crown Court. Held: Judges: … Continue reading Bahbahani, Regina v: CACD 5 Feb 2018
An attorney defending in an action for a person abroad, is not liable personally for the expenses awarded against his constituent. Citations: [1792] Mor 4645 Links: Bailii Jurisdiction: Scotland Cited by: Cited – Travelers Insurance Company Ltd v XYZ SC 30-Oct-2019 Challenge to the making of a non-party costs order under section 51 of the … Continue reading Amelia Leigh v James Rose: SCS 19 Dec 1792
A court may use section 43 of the 1981 Act to justify reduction in a sentence on an application for judicial review. Citations: [2001] EWCA Crim 459 Statutes: Senior Courts Act 1981 43 Jurisdiction: England and Wales Cited by: Cited – McElroy, Regina (on The Application of) v Lewes Combined Court Admn 20-Jun-2014 The claimant … Continue reading Regina v Gatehouse: CACD 2001
How payment of costs enforced by and against persons not parties to the suit. Citations: [1838] EngR 774, (1838) CP Coop 262, (1838) 47 ER 497 (B) Links: Commonlii Jurisdiction: England and Wales Cited by: Cited – Travelers Insurance Company Ltd v XYZ SC 30-Oct-2019 Challenge to the making of a non-party costs order under … Continue reading Sangar and Others v Gardiner And Others: 22 Jun 1838
An order for costs was made in an action of ejectment against a parish council which had put a pauper into possession of the premises in question. Lord Tenterden CJ said: ‘In ejectment we can make the real party to the suit pay the costs.’ Judges: Lord Tenterden Cj Citations: [1830] EngR 58, (1830) 10 … Continue reading Doe Dem Masters v Gray: 1830
The court refused to make an order for costs against a non-party though he was interested in its outcome. Lord Abinger CB said: ‘If we were at liberty to consult equity and justice, we should probably make this rule absolute. But the authority of the courts at Westminster is derived from the Queen’s writ, directing … Continue reading Hayward v Giffard And Grove: Cex 1838
Blackburn J said: ‘In ordinary cases, where there has been no abuse of its process, the court has no jurisdiction to order a person not a party on the record to pay costs.’ Judges: Blackburn J Citations: [1864] EngR 193, (1864) 4 B and S 904, (1864) 122 ER 698 Links: Commonlii Jurisdiction: England and … Continue reading Mobbs v Vandenbrande And Wife, Late Youens Executrix Of Price: 29 Jan 1864
The award of costs in In re Jones was based on the court’s disciplinary jurisdiction over solicitors Citations: (1876) App Cas 186 Jurisdiction: England and Wales Citing: Cited – In re Jones ChD 1870 The solicitor had engaged to indemnify the plaintiff against the costs of a ‘doubtful suit’ which failed. Lord Hatherley LC said … Continue reading Coondoo v Mookerjee: 1876
Relator proceedings were brought by an indigent plaintiff who had been procured to bring them by an attorney.Lord Denman CJ said: ‘Nothing, however, is more certain than that this court has in several instances granted costs against persons who have made affidavits without being strictly parties, especially against attorneys, who are considered as being before … Continue reading Regina v William Greene: 11 Jan 1843
The judge had concluded that the insurers’ conduct of an unsuccessful defence was sufficiently self-motivated to make it the real defendant in all but name, and the Court of Appeal dismissed the appeal against an order that it be liable in costs as a third party. Judges: Lord Justice Rimer Citations: [2008] EWCA Civ 46, … Continue reading Palmer v The Estate of Kevin Palmer Deceased and others: CA 6 Feb 2008
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
Lord Rutherford said: ‘There may be some difficulty in defining exactly what is a dominus litis; but I confess that I very much agree with what has been laid down by your Lordship [Lord President McNeill, later Lord Colonsay], and with the definition quoted from the civil law by Lord Ivory, that he is a … Continue reading Mathieson v Thomson: SCS 1853
The children applied for their costs. They had been made subject of freeing orders on the application of the respondent, but had then successfully appealed against the orders, saying that their human rights had been infringed. Judges: Peter Jackson J Citations: [2013] EWHC 851 (Fam) Links: Bailii Statutes: Senior Courts Act 1981 51(1) Jurisdiction: England … Continue reading A and S (Children) v Lancashire County Council: FD 17 Apr 2013
A section 51 non-party costs application should not be used as a substitute for the pursuit of a related cause of action against the non-party in ordinary proceedings. Nine rules were set out for allowing a costs order against someone who is not a party to the action. Such orders should be exceptional. The normal … Continue reading Symphony Group Plc v Hodgson: CA 4 May 1993
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 Practice Rules conferred a discretion as to costs only in cases in which before the Judicature Acts the courts would have had jurisdiction to make awards of costs. The Act of 1890 was intended to confer such jurisdiction in any case whatever. Citations: (1886) 34 Ch D 24 Statutes: Supreme Court of Judicature Act … Continue reading In re Mills’ Estate: CA 1886
Appeal from Order joining party for purposes of third party costs order. Judges: Moore-Bick VP, Lewison, Simon LJJ Citations: [2016] EWCA Civ 23, [2016] CP Rep 17, [2016] 4 WLR 17, [2016] WLR(D) 25 Links: Bailii, WLRD Jurisdiction: England and Wales Citing: Approved – Dymocks Franchise Systems (NSW) Pty Limited v Todd and Todd, Bilgola … Continue reading Deutsche Bank AG v Sebastian Holdings Inc and Another: CA 21 Jan 2016
Car hire companies who pursued actions in motorists’ names to recover the costs of hiring a replacement vehicle after an accident, from negligent drivers, were not acting in a champertous and unlawful manner. Lord Mustill said: ‘there exists in practical terms a gap in the remedies available to the motorist, from which the errant driver, … Continue reading Giles v Thompson, Devlin v Baslington (Conjoined Appeals): HL 1 Jun 1993
Application for an order under section 51 Senior Courts Act 1981 that Travelers Insurance Company Ltd pay to the applicants the costs they incurred in their successful claims against Transform Medical Group (CS) Limited (in Administration) for damages for injuries sustained as a result of Transform’s supply to them of defective breast implants manufactured by … Continue reading XYZ v Travelers Insurance Company Ltd: QBD 24 Feb 2017
W petitioned for judicial separation. H cross-petitioned for divorce, citing C as co-respondent. The actions were consolidated, W’s petition withdrawn, and a decree absolute of divorce granted to H. A costs order was made against C. On taxation, H asked for his costs of defending W’s original suit. Held: The consolidation of the suits was … Continue reading Forbes-Smith v Forbes-Smith and Chadwick: CA 1901
When an unsuccessful party has had its legal costs funded under legal expenses insurance, should the insurer be held liable to pay the successful party’s costs? The insurer had not instigated the litigation, nor controlled it, and could not be accused of ‘wanton and officious intermeddling’. The insurance was general and did not relate to … Continue reading Murphy, and Murphy v Young and Co’s Brewery Plc, Sun Alliance and London Insurance Plc: CA 20 Nov 1996
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule at common law as to such evidence. In the UK, the 2006 Act had amended the … Continue reading Zurich Insurance Plc UK Branch v International Energy Group Ltd: SC 20 May 2015
Proceedings for damages for negligence and nuisance, and under the rule in Rylands v Fletcher Judges: Gloster, Sales David Richards LJJ Citations: [2016] EWCA Civ 97, [2016] Lloyd’s Rep IR 390 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Travelers Insurance Company Ltd v XYZ SC 30-Oct-2019 Challenge to the making of a … Continue reading Legg and Others v Sterte Garage Ltd and Another: CA 23 Feb 2016
The issue raised on this appeal is the liability for costs arising out of litigation concerning the supply of defective implants for use in breast surgery, which had been manufactured by PIP. The claims were made in group litigation under a Group Litigation Order. Held: The judge went too far in her conclusion that the … Continue reading Travelers Insurance Company Ltd v XYZ: CA 17 May 2018
A section 51 application was prompted by the reporting of the Chapman case, and decided by Thomas J specifically upon the basis that the continued defence of the quantum of the claim after judgment on liability had been conducted by the insurers solely in their own interests, after the insured’s interest in protecting its reputation … Continue reading Citibank NA v Excess Insurance Co Ltd: 1999
An action by a client against a solicitor alleging negligence in the conduct of the client’s affairs, is an action for breach of contract. A solicitor is not entitled to payment of his costs by his client where his own negligence makes the work he did quite ineffective.Sir Wilfred Greene MR said: ‘The right given … Continue reading Groom v Crocker: 1939
(New Zealand) Proceedings had been instituted in five causes of action against a company and its director, whose costs were both covered by an insurance policy, and in the case of one of the causes of action against a third person not so covered. All the defendants were represented by the same lawyers. It was … Continue reading New Zealand Forest Products Limited v the New Zealand Insurance Company Limited: PC 21 Jul 1997
PC (New Zealand) Costs were sought against a non-party, following an earlier determination by the Board. Held: Jurisdiction to make such an order was not complete. Where the order sought was against a non-party (and, indeed, the first such order to be sought in the proceedings), it is supplemental to the judgment already pronounced and … Continue reading Dymocks Franchise Systems (NSW) Pty Ltd v Todd and others (No. 2): PC 21 Jul 2004
Lord President Dunedin observed: ‘The true test of whether a party is or is not dominus litis is probably whether he has or has not the power to compromise the action.’ and: ‘ . . the true interest in the cause, and by true interest I mean the entire interest, using that term not in … Continue reading M’Cuaig v M’Cuaig: SCS 5 Jan 1909
Citations: [1837] EngR 620, (1837) 8 Sim 377, (1837) 59 ER 150 Links: Commonlii Jurisdiction: England and Wales Cited by: Cited – Travelers Insurance Company Ltd v XYZ SC 30-Oct-2019 Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one … Continue reading The Attorney-General v The Skinners’ Company Ex Parte Watkins: 15 Apr 1837
Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the claimants in the successful action were not insured, and Travelers, the defendant’s insurers resisted … Continue reading Travelers Insurance Company Ltd v XYZ: SC 30 Oct 2019
A section 51 application was made because the cover was limited under the defendant’s liability policy and insufficient to pay all the damages, let alone any part of the costs, and the defendant was not worth powder and shot. Nonetheless the claim fell squarely within the cover provided by the policy. It was an insured … Continue reading TGA Chapman Limited; Benson Turner Limited v Christopher and Sun Alliance and London Insurance Plc: CA 8 Jul 1997
The parish vicar and his churchwardens brought an action to recover a small sum paid to the members of a local committee for charitable purposes, saying the gift had been made subject to a condition which it proved impossible to fulfil. Held: The plaintiffs failed. The action was unjustified because of the need not to … Continue reading Andrews v Barnes: CA 12 Jun 1888
(High Court of Australia) Two orders for the payment of costs had been made against the receivers and managers of the claimant in the action, Forest Pty Ltd, and the defendant to a counterclaim brought by the defendants to the action, Howe Corporation Pty Ltd. An order for security for costs had been made against … Continue reading Knight v FP Special Assets Ltd: 25 Jun 1992
An injured workman who had obtained an award of damages and expenses against his employer sought, after the employer became insolvent, to obtain an award of expenses against the insurer. It was accepted that, under the policy, the insurers had complete control of the conduct of the defence, that they had exercised such control, and … Continue reading Kerr v Employers’ Liability Assurance Co Ltd: SCS 1902
The solicitor had engaged to indemnify the plaintiff against the costs of a ‘doubtful suit’ which failed. Lord Hatherley LC said that he thought it the duty of the Court to be anxious to see that solicitors not only performed their duty towards their own clients but also towards all those against whom they were … Continue reading In re Jones: ChD 1870
PC (New Zealand) The claimants asserted that the respondents had wrongly terminated their franchise licence. The agreement was subject to the New South Wales law requiring good faith, but the court had not had expert assistance for interpretation. Held: Whatever the underlying law, the agreement depended upon the parties acting in good faith and working … Continue reading Dymocks Franchise Systems (NSW) Pty Limited v Todd and Todd, Bilgola Enterprises Ltd and Lambton Quay Books Ltd: PC 7 Oct 2002
The claimants sought to appeal from a refusal of judicial review of a decision to issue search warrants. The court was now asked to consider whether this was a criminal matter so as to disallow any such appeal under the 1981 Act. Held: The matter now under consideration could not be said to be free … Continue reading Malik and Others v Manchester and Salford Magistrates’ Court and Others: CA 21 Feb 2018
Claimants application pursuant to s.37 of the Senior Courts Act 1981 for an order that the Defendant be subject to a final injunction (a) restraining it from pursuing the claims it has made against SVS in proceedings before the Federal High Court of Rivers State, Nigeria and (b) requiring MOP to take immediate steps to … Continue reading Specialised Vessel Services Ltd v Mop Marine Nigeria Ltd: ComC 18 Feb 2021
Application by the Attorney General for a civil proceedings order against the respondent Judges: Bean LJ, Goss J Citations: [2017] EWHC 2152 (Admin) Links: Bailii Statutes: Senior Courts Act 1981 42 Jurisdiction: England and Wales Litigation Practice Updated: 29 March 2022; Ref: scu.593597
Application for interest on damages award. Judges: Ramsey J Citations: [2012] EWHC 986 (TCC) Links: Bailii Statutes: Senior Courts Act 1981 35A Jurisdiction: England and Wales Damages Updated: 28 January 2022; Ref: scu.465449
Challenge to refusal of defendant to refer a case to the Court of Appeal. Lord Justice Underhill (Vice-President, Court of Appeal, Civil Division) Lord Justice Bean And Lady Justice Andrews [2022] EWCA Civ 5 Bailii Senior Courts Act 1981 18(1)(a) England and Wales Criminal Practice Updated: 24 January 2022; Ref: scu.671018
Application for wasted costs order Seys-Llewllyn HHJ [2016] EWHC 2162 (QB) Bailii Senior Courts Act 1981 51(6) England and Wales Costs, Legal Professions Updated: 22 January 2022; Ref: scu.569080
The defendant sought a ruling on the meaning of the words but using section 69(4) of the 1981 Act. The claimant solicitor was acting in complaints as to the unlawful interception of celebrity voicemails by agents of the press. There had been debate as to how many phones had been hacked, and the findings by … Continue reading Lewis v Commissioner of Police of The Metropolis and Others (Rev 1): QBD 31 Mar 2011
Application for pre-action disclosure made pursuant to section 33(2) of the Senior Courts Act 1981 and part 31.16 of the Civil Procedure Rules. Richard Spearman QC HHJ [2016] EWHC 376 (Ch) Bailii England and Wales Litigation Practice Updated: 10 January 2022; Ref: scu.560320
Foskett J [2019] EWHC 34 (QB) Bailii Senior Courts Act 1981 51 England and Wales Costs Updated: 08 January 2022; Ref: scu.632727
The court had made an order removing one executor, though with no criticism. It now considered its order for costs, all parties seeking costs in their favour. Held: The two personal representatives could not be expected to continue to work together, and at least one must go. Master Matthews said: ‘there are not two sets … Continue reading Jones v Longley and Others: ChD 20 Nov 2015
The claimant appealed against an order for costs made on rejection of his application, as a vexatious litigant, for leave to bring defamation proceedings. Held: The appeal was allowed. A defendant was not a party to an application by a vexatious litigant for leave to bring proceedings. [2010] EWCA Civ 942 Bailii Senior Courts Act … Continue reading Ewing v News International Ltd and Others: CA 14 Jul 2010
Appeal to the High Court from a decision of a district judge exercising insolvency jurisdiction in the county court on appeal from a decision of the bankruptcy adjudicator raising two fundamental, and apparently novel, questions. The first concerns the evidential burden, if any, resting on an applicant for a bankruptcy order to adduce evidence as … Continue reading The Office of The Bankruptcy Adjudicator and Another v Shaw: ChD 7 Oct 2021
Appeal against wasted costs order. Rix, Longmore, Jacob LJJ [2010] EWCA Civ 443 Bailii Senior Courts Act 1981 51(6) 51(7) England and Wales Legal Professions, Costs Updated: 01 January 2022; Ref: scu.414586
Application by The Big Bus Company Ltd (‘Big Bus’) for pre-action disclosure against Ticketogo Ltd (‘Ticketogo’) pursuant to section 33(2) of the Senior Courts Act 1981 and CPR rule 31.16. In a nutshell, Big Bus seeks disclosure of patent licences previously granted by Ticketogo in order to enable Big Bus to quantify the value of … Continue reading The Big Bus Company Ltd v Ticketogo Ltd: PatC 28 Apr 2015
Claimant’s application for three things. First, an interim and in due course a final antisuit injunction pursuant to section 37(1) of the Senior Courts Act 1981 to restrain the defendant from pursuing proceedings against the claimant in the People’s Court of a particular province in Vietnam, which I will call the Vietnamese action, in breach … Continue reading ZHD v SQO: ComC 29 Apr 2021
HMRC had seized material in e course of executing a search warrant. The warrant was later removed, but the Crown Court authorised the continued retention of the materials, The question now was whether the material had been seized in the course a criminal cause or matter so as to govern the mode of appeal. Held: … Continue reading Panesar and Others v HM Revenue and Customs: CA 15 Dec 2014
The court had ordered the defendant, before his trial for a serious assault, to be remitted to a mental hospital under section 35 of the 1983 Act, so that a report could be prepared as to his mental condition. The central issue would be his capacity to form the necessary intent. The defendant appealed saying … Continue reading M, Regina (on The Application of) v Kingston Crown Court: Admn 17 Jul 2014
The claimant’s PhD thesis had initially failed, but on an internal appeal that decision was reversed, the appellate body accepting the contention that the supervision or other arrangements during his period of study had been unsatisfactory. The defendants no wapplied to strike out a clai for negligence. Held: The application failed: ‘If a university fails … Continue reading Winstanley v Sleeman and Another: QBD 13 Dec 2013
‘These proceedings concern a family of Turkish/Cypriot origin that has been broken apart as a result of allegations of extreme violence perpetrated by the father. Following the allegations in 2010, the mother and the three children of the family, all girls hereafter referred to as X, Y and Z, then aged respectively 17, 14 and … Continue reading P v D and Others: FD 24 Jul 2014
Final hearing of the claimant’s application for anti-suit injunctive and declaratory relief. Mr Justice Calver [2021] EWHC 1548 (Comm) Bailii Senior Courts Act 1981 37(1) England and Wales Litigation Practice Updated: 17 December 2021; Ref: scu.667390
The claimant prisoner sought to challenge the statutory licence regime as it applied to indeterminate prisoners. The parties disputed whether the Court of Appeal had jurisdiction which in turn depended upon whether the claim was criminal in nature. Held: It did not follow from the case having criminal aspects that all associated claims were a … Continue reading McAtee, Regina (on The Application of) v The Secretary of State for Justice: CA 20 Dec 2018
