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
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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
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
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
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
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 first defendant applies for an order that the claimants are not entitled to pursue legal action against his lawyers in respect of funds over which the claimants claim a proprietary interest and paid to the first defendant’s lawyers as legal fees . .
Fox LJ said: ‘Bearing in mind we are exercising a jurisdiction which is statutory, and which is expressed in terms of considerable width, it seems to me that the court should not shrink if it is of the opinion that an injunction is necessary for the . .
Application by the claimant for an order that the court makes a search, electronic imaging and provision of information order against the defendants, pursuant to section 7 of the Civil Procedure Act 1997, CPR 25.1 (1)(h) and/or section 37 of the . .
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
Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999
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 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
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
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 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
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
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
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
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
(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
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
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 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
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
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
Private prosecution discontinuance criminal matter The claimant sought judicial review of a decision by the defendant to take over and discontinue his private prosecution. He now sought to appeal against rejection of his request. Held: The decision had been a decision in a criminal cause or matter, and as such, an appeal lay only (save … Continue reading Thakrar v Crown Prosecution Service: CA 21 May 2019
Third Party Costs – Director of Insolvent Company (Organic Village) The Court considered the circumstances Limited in which a director and shareholder of an insolvent company may be personally liable for some or all of that company’s costs liabilities incurred in unsuccessful litigation, pursuant to s.51 of the Senior Courts Act 1981. The particular question … Continue reading Goknur v Aytacli: CA 13 Jul 2021
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Ratio:Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’): 1993
References: [1993] 2 Lloyd’s Rep 68 Coram: Cresswell J Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following: 1. Expert evidence presented to the Court should be, and should be seen to be, the independent product of the … Continue reading National Justice Compania Naviera S A v Prudential Assurance Company Ltd (The Ikarian Reefer”): 1993″
