swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Civil Procedure Rules - From: 1999 To: 1999
This page lists 11 cases, and was prepared on 30 April 2015.Maltez -v- Lewis Times, 04 May 1999; Gazette, 26 May 1999
27 Apr 1999
Civil Procedure Rules
The right of a litigant, to choose his solicitor and counsel, is a fundamental one not to be set aside by mere rules of court. In particular the new rules should not be interpreted so as to achieve this. This is part of the principle of equality of arms.
Civil Procedure Rules Rule 1.1(2) ( c)
Seth Agodzo -v- Martin Amegashitsie Eddie Quaynor  EWCA Civ 1453
20 May 1999
Civil Procedure Rules, Arbitration
The judge had repeatedly adjourned a matter, directing that the parties should consider alternative dispute resolution. Since the first adjournment, the rules had been changed to allow a court to refer a case for such an arrangement. One party objected. Held: The new power could be exercised even in an existing case, and therefore the objection, even if it succeeded, could not prevent a judge making a reference under the new rules upon its return.
Civil Procedure Rules 26.4
[ Bailii ]
McPhilemy -v- Times Newspapers Ltd and Others (2) Times, 26 May 1999;  EWCA Civ 1464;  3 All ER 775;  CPLR 533;  EMLR 751
26 May 1999
Lord Woolf MR
Defamation, Litigation Practice, Civil Procedure Rules
The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very extensive pleadings in defamation cases should now be otiose. In the modern era of witness statements, extensive and fully particularised pleadings are no longer as necessary as they used to be, so long as they still identify the issues, the extent of the dispute between the parties and the general nature of the case of the pleader.
Lord Woolf MR said: "The need for extensive pleadings including particulars should be reduced by the requirement that witness statements are now exchanged. In the majority of proceedings identification of the documents upon which a party relies, together with copies of that party's witness statements, will make the detail of the nature of the case the other side has to meet obvious. This reduces the need for particulars in order to avoid being taken by surprise. This does not mean that pleadings are now superfluous. Pleadings are still required to mark out the parameters of the case that is being advanced by each party. In particular they are still critical to identify the issues and the extent of the dispute between the parties. What is important is that the pleadings should make clear the general nature of the case of the pleader. This is true both under the old rules and the new rules. The Practice Direction to CPR 16, paragraph 9.3 requires, in defamation proceedings, the facts on which a defendant relies to be given. No more than a concise statement of those facts is required.
As well as their expense, excessive particulars can achieve directly the opposite result from that which is intended. They can obscure the issues rather than providing clarification. In addition, after disclosure and the exchange of witness statements pleadings frequently become of only historic interest."
Civil Procedure Rules
[ Bailii ]
Burrells Wharf Freeholds Ltd -v- Galliard Homes Ltd  EWHC Technology 219
1 Jul 1999
Civil Procedure Rules
The court was aksed to provide pre-action discovery under the rules. The defendant said that the rules were invalid, having been made under an invalid power. Held: "article 5 of the Order would not have been invalidated by a failure to mention in the recital the statutory power pursuant to which it was made. "
Civil Procedure Rules 31.16
[ Bailii ]
Biguzzi -v- Rank Leisure Plc; CA 26-Jul-1999 - Times, 05 October 1999;  EWCA Civ 1972;  1 WLR 1926;  4 All ER 934
Regina -v- Secretary of State for the Environment, Transport and the Regions, ex parte O'Byrne; Admn 20-Aug-1999 - Times, 12 November 1999;  EWHC Admin 811
Cala Homes (South) Limited -v- Chichester District Council; Admn 20-Aug-1999 - Times, 15 October 1999; Gazette, 02 September 1999;  EWHC Admin 805
In Re Club Europe Trade Mark Gazette, 02 September 1999; Times, 02 August 1999
2 Sep 1999
Intellectual Property, Civil Procedure Rules
A court hearing an appeal under the Act, and deciding whether or not to admit new evidence, must now bear in mind the overriding objectives of litigation as defined, and also the need for proportionality. In this case, the pre-hearing procedures had failed to identify the real issues between the parties, and justice required that additional evidence be admitted rather than the case be remitted for hearing.
Swain -v- Hillman; CA 21-Oct-1999 - Times, 04 November 1999;  1 All ER 91;  CP Rep 16;  PIQR 51;  CPLR 779;  EWCA Civ 3053
Ford -v- GKR Construction and Others Times, 05 November 1999;  1 All ER 802;  EWCA Civ 3030
22 Oct 1999
Judge LJ, Woolf MR
Costs, Civil Procedure Rules
Where a party wished to put the other at risk of payment of costs by the making of an offer, it was vital that the other party should be made properly aware of any information available to decide on the offer. Under the new regime, it was not appropriate to hold back such information, and a party who did so risked losing his costs even if the payment in would otherwise meet the criteria. The Claimant recovered less damages than the amount of the payment into Court, but the Defendants were ordered to pay the whole of the Claimant's costs, including those incurred after the date of the payment in. Held: "the judge reaching his decision about costs is required to take into account all relevant aspects of the litigation." The order was justified in the circumstances of that case, in particular because of the late introduction of evidence by the Defendants which had the effect of reducing the amount of the judgment below that of the payment in. "Indeed, [the judge's] judgment has served to underline [not "undermine"] the importance, rightly and increasingly, to be attached to civil litigation being conducted openly between the parties with the real issues between them efficiently and quickly identified and investigated without, as it now seems to me, any unfairness to these defendants in this case." (Woolf MR) "I also draw attention to the fact that the rules refer to the power of the court to make other orders and make it clear that the normal cost consequences of failing to beat the sum paid in does not apply when it is unjust that it should do so. If a party has not enabled another party to properly assess whether or not to make an offer, or whether or not to accept an offer which is made, because of non-disclosure to the other party of material matters, or if a party comes to a decision which is different from that which would have been reached if there had been proper disclosure, that is a material matter for the court to take into account in considering what orders it should make." Judge LJ: "Civil litigation is now developing into a system designed to enable the parties involved to know where they stand in reality at the earliest possible stage, and at the lowest practicable cost, so that they .... may make informed decisions about their prospects and the sensible conduct of their cases. Among other factors the judge exercising his discretion about costs should consider is whether one side or the other has, or has not, conducted litigation with those principles in mind."
Civil Procedure Rules 36
[ Bailii ]
Malgar Ltd -v- R E Leach Engineering Ltd; ChD 1-Nov-1999 - Times, 17 February 2000; 1999 WL 1048312;  FSR 393;  EWHC 843 (Ch);  CP Rep 39
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