Search Results for: Civil Procedure Rules

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Practice Note (Chancery Division: Civil Procedure Rules): ChD 4 May 1999

The procedures set down by the new CPR Part 23 should be followed in the interim applications and companies courts. Those appearing should also make themselves aware of the amendments in the new Guide to Chancery Practice. Citations: Times 04-May-1999 Statutes: Civil Procedure Rules Part 23 Jurisdiction: England and Wales Litigation Practice Updated: 19 May … Continue reading Practice Note (Chancery Division: Civil Procedure Rules): ChD 4 May 1999

Skareby v Commission (Civil Service): ECJ 6 Apr 2011

ECJ Order – Civil service – Duty to provide assistance – Articles 12a and 24 of the Staff Regulations – Psychological harassment by a hierarchical superior – Production of a confidential document – Article 44(2) of the Rules of Procedure Citations: F-42/10, [2011] EUECJ F-42/10 Links: Bailii Cited by: Order – Skareby v Commission (Civil … Continue reading Skareby v Commission (Civil Service): ECJ 6 Apr 2011

Practice Statement (Admiralty and Commercial Courts: Procedure): ChD 18 Mar 2002

The three rules listed in the Civil Procedure Rules, should also be applied in the Admiralty and Commercial Courts, with effect from March 25 2002. Child marks the change over to the Civil Procedures Rules from the Commercial Court Guide, for much business in those courts, and a new edition of the Guide has been … Continue reading Practice Statement (Admiralty and Commercial Courts: Procedure): ChD 18 Mar 2002

Practice Note (Court of Appeal Civil Division: Assessment of Costs): CA 26 Apr 1999

The Court of Appeal will normally identify in advance those cases where it expected to apply a summary assessment of costs and at which a statement of costs would be required, though parties may propose such an assessment. Citations: Times 26-Apr-1999 Statutes: Civil Procedure Rules Part 44 Jurisdiction: England and Wales Litigation Practice Updated: 11 … Continue reading Practice Note (Court of Appeal Civil Division: Assessment of Costs): CA 26 Apr 1999

Kimondo, Regina (on The Application of) v Secretary of State for The Home Department (Relevant Rules; AOS Requirements) (IJR): UTIAC 14 Nov 2014

(1) In judicial review applications transferred by the Administrative Court to the Upper Tribunal, the applicable procedural regime is that contained in the Tribunal Procedure (Upper Tribunal) Rules 2008. The Civil Procedure Rules have no effect thereafter; although the procedural history may be significant, particularly as regards time limits. (2) The prohibition in rule 29(3) … Continue reading Kimondo, Regina (on The Application of) v Secretary of State for The Home Department (Relevant Rules; AOS Requirements) (IJR): UTIAC 14 Nov 2014

Ho v Adelekun: SC 6 Oct 2021

The Court was asked whether there is jurisdiction in a personal injury claim that attracts the application of Part 44 Section II of the Civil Procedure Rules (‘CPR’), which relates to Qualified One-way Costs Shifting (‘QOCS’), to allow the set-off . .

Lowin v W Portsmouth and Co: QBD 20 Jun 2016

‘relatively narrow point about the construction of the Civil Procedure Rules (‘the CPR’). It is an appeal from an order of Costs Master Whelan (‘the Master’) dated 8 December 2015. He decided that the costs allowed to the appellant on provision . .

Samuel v Samuel and Others: ChD 17 Dec 2018

By an application notice the First Defendant, Syleta Monica Susan Samuel, applies for an order that a probate claim brought by her sister, Merlina Jacqueline Samuel, be struck out as an abuse of process pursuant to CPR r 3.4(2)(b). Shortly stated, the basis for the application is that Merlina was a party to a probate … Continue reading Samuel v Samuel and Others: ChD 17 Dec 2018

Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010

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

Aoot Kalmneft v Glencore International Ag and Another: ComC 27 Jul 2001

When asking whether the time for appeal against an arbitrator’s award should be extended, the court should look at several circumstances, including the length of the delay; whether the party was acting reasonably in all the circumstances in delaying; whether the other party had contributed to the delay; whether other party would suffer irremediable prejudice … Continue reading Aoot Kalmneft v Glencore International Ag and Another: ComC 27 Jul 2001

Pitchmastic Plc v Birse Construction Ltd: QBD 8 Jun 2000

A party to litigation made an offer on the day before trial of settlement without prejudice save as to costs. At trial it made an open offer in similar terms which was rejected. After reading a draft unfavourable judgment, the party applied to be allowed to accept the offer, contending that such an offer was … Continue reading Pitchmastic Plc v Birse Construction Ltd: QBD 8 Jun 2000

Chechetkin v Payward Ltd and Others: ChD 25 Oct 2022

Judges: Mr Justice Miles Citations: [2022] EWHC 3057 (Ch) Links: Bailii Statutes: Civil Procedure Rules 11, Financial Services and Markets Act 2000 Jurisdiction: England and Wales Arbitration, Financial Services Updated: 12 December 2022; Ref: scu.683605

Milne v Open Access Finance Ltd and Another: ChD 12 Mar 2020

Whether the Court has power to make an order under rule 19.6 of the Civil Procedure Rules for a Consumer Credit Act claim relating to a credit agreement or a regulated agreement to continue against representatives of the defendant creditors. Citations: [2020] EWHC 1420 (Ch) Links: Bailii Jurisdiction: England and Wales Consumer, Banking, Litigation Practice … Continue reading Milne v Open Access Finance Ltd and Another: ChD 12 Mar 2020

Fraser and others v Oystertec Plc and others: 3 Nov 2009

The court considered the meaning of ‘real’ prospects of success: ‘This does not mean that a party can successfully resist summary judgement by suggesting, like Mr Micawber, that something may turn up to save him, though he does not know what: see per Megarry V-C in Lady Anne Tennant v. Associated Newspapers Group Ltd [1979] … Continue reading Fraser and others v Oystertec Plc and others: 3 Nov 2009

Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010

The claimant had been convicted in 2005 of an offence under the 1984 Act. It later became clear that the Act failed properly to implement a European Directive and was unenforceable. The company now sought leave to appeal out of time. The case was heard along with the case of Budimir. Citations: [2010] EWHC 1604 … Continue reading Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010

Mullock v Price (T/A The Elms Hotel Restaurant): CA 15 Oct 2009

The court was asked as to what issues were relevant when considering an application to set aside judgment in default and in particular when asking ‘whether the person seeking to set aside the judgment made an application to do so promptly’. Judges: Ward, Sedley, Smith LJJ Citations: [2009] EWCA Civ 1222, [2010] CP Rep 10 … Continue reading Mullock v Price (T/A The Elms Hotel Restaurant): CA 15 Oct 2009

Agodzo v Amegashitsie and Another: CA 20 May 1999

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 … Continue reading Agodzo v Amegashitsie and Another: CA 20 May 1999

Reynolds v Stone Rowe Brewer (A Firm): QBD 18 Mar 2008

The solicitors appealed against the assessment of their costs. The judge had found that they had estimated their costs and applied a 15% margin of error. Held: the judge should have given reasons for his judgment to allow the parties to assess the prospects of an appeal. There had been unusual developments, but the estimates … Continue reading Reynolds v Stone Rowe Brewer (A Firm): QBD 18 Mar 2008

McLaughlin v Daily Telegraph Newspaper Co. Ltd: 15 Jul 1904

(High Court of Australia) The court considered the law on the effect of mental incapacity on a contract in the two cases Imperial Loan, and Molton v Camroux: ‘The principle of the decision seems, however, to be the same in both cases, which, in our judgment, establish that a contract made by a person actually … Continue reading McLaughlin v Daily Telegraph Newspaper Co. Ltd: 15 Jul 1904

Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005

It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005

Amec Process and Energy Ltd v Stork Engineers and Contractors Bv (A Company Registered In the Netherlands) (No 3): 15 Mar 2002

Citations: Unreported, 15 March 2002 Jurisdiction: England and Wales Cited by: Cited – Sisu Capital Fund Ltd and others v Tucker and others 28-Oct-2005 The Defendants were accountants who had been sued through their partnership in KPMG. They had been granted a order for their costs. They sought payment for the time they had spent … Continue reading Amec Process and Energy Ltd v Stork Engineers and Contractors Bv (A Company Registered In the Netherlands) (No 3): 15 Mar 2002

Adoko v Office for the Supervision of Solicitors: Admn 15 Jul 2003

The applicant had been made subject of an order preventing his employment as a clerk by any firm of solicitors. A costs order accompanied that order. The order was later the subject of a default costs certificate. He sought to appeal that certificate. Held: The correct and only way to challenge such an order was … Continue reading Adoko v Office for the Supervision of Solicitors: Admn 15 Jul 2003

Cala Homes (South) Limited v Chichester District Council: Admn 20 Aug 1999

A claim to set aside parts of a local plan had been filed in the wrong court, and without the forms as now required under the Civil Procedure Rules. A new application would be out of time. An application allowing transfer and correction of the faults succeeded, since the true nature of the claim was … Continue reading Cala Homes (South) Limited v Chichester District Council: Admn 20 Aug 1999

Trustor AB v Barclays Bank plc: ChD 16 Nov 2000

The court had failed to stamp an order as to the entitlement to serve it outside the jurisdiction, and the defendant applied for summary dismissal. The court held that although the directions were mandatory, and the court should endorse reasons why leave had been given to serve the document outside the jurisdiction, such a failure … Continue reading Trustor AB v Barclays Bank plc: ChD 16 Nov 2000

Smit International (Deutschland) Gmbh v Josef Mobius Baugesellschaft Gmbh and Co: ComC 7 Jun 2001

Application by Defendants to set aside a default judgment entered against them pursuant to CPR Part 12.10, by reason of the Defendant’s failure to acknowledge service within time. Judges: The Hon Mr Justice Morison Citations: [2001] EWHC 531 (Comm) Links: Bailii Statutes: Civil Procedure Rules 12.10 Jurisdiction: England and Wales Civil Procedure Rules Updated: 04 … Continue reading Smit International (Deutschland) Gmbh v Josef Mobius Baugesellschaft Gmbh and Co: ComC 7 Jun 2001

De Molestina and Others v Ponton and Others: ComC 16 May 2001

Important point as to the strength of the case on the merits to be established in order to obtain leave to serve out of the jurisdiction and its relationship to the strength of the claim to be established to avoid being struck out under CPR 3.4 or 24.2. Judges: Mr Justice Colman Citations: [2001] EWHC … Continue reading De Molestina and Others v Ponton and Others: ComC 16 May 2001

USF Ltd v Aqua Technology Hanson NV/SA: 30 Jan 2001

Extension of time to challenge jurisdiction of the court. Citations: Unreported, 30 January 2001 Jurisdiction: England and Wales Cited by: Cited – Sawyer v Atari Interactive Inc ChD 1-Nov-2005 The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the … Continue reading USF Ltd v Aqua Technology Hanson NV/SA: 30 Jan 2001

ABCI v Banque Franco-Tunisienne and others: CA 27 Feb 2003

‘The thinking behind the CPR was that they would speak for themselves and that courts would not have to refer to an ever increasing body of authority in order to apply them.’ Citations: [2003] EWCA Civ 205, [2003] 2 Lloyd’s Rep 146 Links: Bailii Statutes: Civil Procedure Rules 44.3 44.4 Jurisdiction: England and Wales Citing: … Continue reading ABCI v Banque Franco-Tunisienne and others: CA 27 Feb 2003

McPhilemy v Times Newspapers Limited; Clarke and Neil (1): CA 25 Nov 1998

Citations: [1998] EWCA Civ 1842 Jurisdiction: England and Wales Citing: See also – McPhilemy v Times Newspapers Ltd and Others (2) CA 26-May-1999 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 … Continue reading McPhilemy v Times Newspapers Limited; Clarke and Neil (1): CA 25 Nov 1998

Society of Lloyd’s v Jaffray and others: QBD 3 Aug 2000

Any party was free to put in evidence statements where the party who had prepared them had himself decided not to call the evidence. There was no power to call the person to give that evidence, but it could be admitted on the basis that it was hearsay evidence. This reversed the old rule. The … Continue reading Society of Lloyd’s v Jaffray and others: QBD 3 Aug 2000

Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

Expandable Ltd and Another v Rubin: CA 11 Feb 2008

The defendant’s witness statement referred to a letter written to him by the defendant’s solicitor. The claimant appealed refusal of an order for its disclosure. Held: The appeal failed. The letter was protected by legal professional privilege, and its mention in a statement did not automatically amount to waiver of that privilege. The rules referred … Continue reading Expandable Ltd and Another v Rubin: CA 11 Feb 2008

Ali Reza-Delta Transport Co Ltd v United Arab Shipping Co Sag: CA 17 Jun 2003

The case had concluded. Offers of settlement had been made and the operative one included an offer on the interest payable. The court came to decide how the interest part of the offer was to be considered when assessing whether the judgment bettered the offer. It was noted that an offer on costs was to … Continue reading Ali Reza-Delta Transport Co Ltd v United Arab Shipping Co Sag: CA 17 Jun 2003

Clark v Perkes: 2000

The court gave guidance on the practice and procedure on second appeals. Citations: [2000] All ER 1 Statutes: Civil Procedure Rules 52.2(3) 52.4.8 Jurisdiction: England and Wales Cited by: Cited – Markos v Goodfellow and Barke and Barke CA 26-Jul-2001 There was a boundary dispute. The judge in the County Court had made an error. … Continue reading Clark v Perkes: 2000

MRW Technologies v Cecil Holdings: 22 Jun 2001

The court heard an appeal against a Master’s order which had given the defendant permission under rule 36.6(5) to withdraw a Part 36 payment. Held: The same considerations apply to giving permission to withdraw money in court as to refusing permission to take it out. He inclined, following Marsh v. Frenchay Healthcare, to a more … Continue reading MRW Technologies v Cecil Holdings: 22 Jun 2001

7E Communications Ltd v Vertex Antennentechnik Gmbh: CA 25 Feb 2007

The claimant had rejected satellite antennae it had bought from the defendants, and sought damages. The defendant said the English court did not have jurisdiction, since the order terms contained an exclusive jurisdiction clause. The claimant sought to appeal the oder refusing jurisdiction. The county court judge had refused permission to appeal to the High … Continue reading 7E Communications Ltd v Vertex Antennentechnik Gmbh: CA 25 Feb 2007

Voice and Script International Ltd v Alghafar: CA 8 May 2003

The court has a wide discretion whether to order the assessment of costs on an indemnity basis and the court of Appeal will rarely disturb the judge’s order as to costs.Judge LJ said: ‘By treating the absence of allocation to track as conclusive in my judgment District Judge Jenkins misdirected himself. The omission may have … Continue reading Voice and Script International Ltd v Alghafar: CA 8 May 2003

Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 2003

The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings. Held: The transfer moved tenants from the secure tenancy regime to the assured tenancy regime, with different notices and procedures. The notices were not significantly … Continue reading Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 2003

St. Helens Metropolitan Borough Council v Barnes: CA 25 Oct 2006

The claimant had delivered his claim form to the court, but it was not processed until after the limitation period had expired. The defendant appealed a finding that the claimant had brought the cliam within the necessary time. Held: The claim was brought within the necessary time limit. ‘the courts have given claimants the full … Continue reading St. Helens Metropolitan Borough Council v Barnes: CA 25 Oct 2006

Elektrim SA v Vivendi Universal SA and others: ComC 19 Jan 2007

Judges: Mr Justice Aikens Citations: [2007] EWHC 11 (Comm), [2007] 1 Lloyd’s Rep 693, [2007] BusLR D69, [2007] ArbLR 19 Links: Bailii Statutes: Arbitration Act 1996 68(2)(g) 80(5), Civil Procedure Rules 62.9(1)(a) Jurisdiction: England and Wales Arbitration Updated: 22 November 2022; Ref: scu.248268

Harvey Shopfitters Ltd v ADI Ltd: CA 13 Nov 2003

The court dismissed the claimants appeal, but discussed the need now for the parties to file core bundles at least one week before the hearing. Additional agreed bundles of authorities should have the appropriate passages clearly marked and filed within the same time scale. Failures to abide by these requirements will be dealt great disfavour. … Continue reading Harvey Shopfitters Ltd v ADI Ltd: CA 13 Nov 2003

Lucas v Barking, Havering and Redbridge Hospitals NHS Trust: CA 23 Jul 2003

The claimant appealed an order requiring him to disclose to the defendants the terms of the instructions given to the expert witness. Held: Rule 35.10(4) restriction applied to prevent the defendant from obtaining an order for the inspection he sought. Judges: Waller, Mantell, Laws LJJ Citations: [2003] EWCA Civ 1102, Times 28-Aug-2003, Gazette 02-Oct-2003, [2004] … Continue reading Lucas v Barking, Havering and Redbridge Hospitals NHS Trust: CA 23 Jul 2003

DK, KR, CGE, DHM, PS, RM, DJ, GOM v Bryn Alyn Community (Holdings) Ltd (In Liquidation) and Royal and Sun Alliance PLC: CA 22 May 2003

Judges: Lord Justice Auld, Lord Justice Waller And Lord Justice Mantell Citations: [2003] EWCA Civ 782 Links: Bailii Statutes: Civil Procedure Rules 36 Jurisdiction: England and Wales Citing: See Also – KR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 12-Feb-2003 The respondent appealed decisions by the court to allow claims for … Continue reading DK, KR, CGE, DHM, PS, RM, DJ, GOM v Bryn Alyn Community (Holdings) Ltd (In Liquidation) and Royal and Sun Alliance PLC: CA 22 May 2003

Jones v University of Warwick: CA 4 Feb 2003

The claimant appealed a decision to admit in evidence a tape recording, taken by an enquiry agent of the defendant who had entered her house unlawfully. Held: The situation asked judges to reconcile the irreconcilable. Courts should be reluctant to create rules which would deny the admission of genuine evidence. Where a party behaved in … Continue reading Jones v University of Warwick: CA 4 Feb 2003

Crosbie v Munroe, Motor Insurer’s Bureau: CA 14 Mar 2003

The claim had been settled before action, and costs only proceedings had been instigated. He appealed a decision as to the award of costs in that case. The question was whether the phrase ‘the proceedings which gave rise to the assessment proceedings’ referred to the only actual proceedings, the costs claim, or to the settled … Continue reading Crosbie v Munroe, Motor Insurer’s Bureau: CA 14 Mar 2003

BCT Software Solutions Ltd v C Brewer and Sons Ltd: CA 11 Jul 2003

A copyright infringement case had been settled, but the court was to quantify and apportion costs. Some andpound;700,000 having been spent when the damages amounted to andpound;10,000. Held: Denne did not oust the court’s jurisdiction to hear an appeal. It is not open to the appellant to complain that the judge set out to do … Continue reading BCT Software Solutions Ltd v C Brewer and Sons Ltd: CA 11 Jul 2003

Regina (Smith, Trevor) v Parole Board: CA 30 Jun 2003

The applicant had been granted leave to present a petition for judicial review, but on certain grounds only. On the hearing, he sought again to present the case including the grounds upon which permission had not been granted. Held: The judge who heard the substantive application could hear an application based additionally upon grounds rejecetd … Continue reading Regina (Smith, Trevor) v Parole Board: CA 30 Jun 2003

Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others (No 2): ChD 30 Mar 2000

The new Civil Procedure Rules had not substantially affected the rules on costs following the event of a trial. The discretion in a judge as to the order for costs had been correctly stated in Elgindata, and approved in Phonographic Performance Ltd v AEI Rediffusion Music Ltd. Citations: Times 30-Mar-2000 Jurisdiction: England and Wales Citing: … Continue reading Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others (No 2): ChD 30 Mar 2000

McPhilemy v Times Newspapers Ltd; Liam Clarke and and Andrew Neil (No 3): CA 12 Jun 2001

In defamation proceedings the defendant had invited one issue to be left to the jury. After losing the case, the defendant sought to appeal, arguing that the jury’s verdict was perverse. It was held that such an appeal amounted to an abuse of process, and if allowed, would bring the administration of justice into disrepute. … Continue reading McPhilemy v Times Newspapers Ltd; Liam Clarke and and Andrew Neil (No 3): CA 12 Jun 2001

Microsoft Ireland Operations Ltd and Others v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice): CA 11 Nov 2022

Whether, where an Appellant’s Notice is filed with the Court of Appeal electronically in accordance with ‘Electronic Working Pilot Scheme’ introduced by Practice Direction 51O (‘PD 51O’), it may be filed at any time up to midnight on the last day of the permitted period or must, either generally or at least in the case … Continue reading Microsoft Ireland Operations Ltd and Others v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice): CA 11 Nov 2022

P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003

The claimants had made a Part 36 offer at first instance, but the matter was appealed. Having won at appeal they sought their costs on an indemnity basis of the appeal also. Held: If a party wished to protect itself by a Part 36 offer, it must be made both at first instance, and again … Continue reading P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003

Holdgate v Bishop: KBD 11 Nov 2022

Judgment on the Defendant’s Application for a ruling by way of CPR 24.2 that the Claimant had, in fact, instructed a firm of solicitors in respect of a proposed property transaction before his accident in 2015. Judges: Master Thornett Citations: [2022] EWHC 2850 (KB) Links: Bailii Statutes: Civil Procedure Rules 24.2 Jurisdiction: England and Wales … Continue reading Holdgate v Bishop: KBD 11 Nov 2022

Leigh v Michelin Tyre Plc: CA 8 Dec 2003

The parties had submitted costs estimates which proved later to be quite inadequate. Held: It was a central principle of the Civil Procedure Rules that costs should be controlled. Solicitors should file costs estimates not only at the allocation questionnaire stage but also at the listing questionnaire. The practice direction was framed in mandatory terms. … Continue reading Leigh v Michelin Tyre Plc: CA 8 Dec 2003

Blackham v Entrepose UK: CA 27 Jul 2004

The claimant had succeeded in his claim for damages for personal injuries, but there had been a payment in. There were cross appeals, as to the proportion of costs awarded, and by the defendant saying that the interest awarded should have been added to award before testing whether the payment had been beaten. Held: The … Continue reading Blackham v Entrepose UK: CA 27 Jul 2004

Berry Piling Systems Ltd v Sheer Projects Ltd: TCC 28 Feb 2013

The defendant sought permission to bring contempt proceedings against former directors of the claimant company, saying that by means of false evidence they had secured an arbitration verdict. Held: A reckless disregard for the truth or falsity of a statement made and attested by a statement of truth but false was capable of supporting a … Continue reading Berry Piling Systems Ltd v Sheer Projects Ltd: TCC 28 Feb 2013

Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997

The issue was the appropriateness of a Court striking an action out where there has been considerable delay if: (i) the cause of action relied upon by the plaintiff in the proceedings would be statute barred if the action were to be struck out, but (ii) the plaintiff has another cause of action upon which … Continue reading Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997

Dar v Vonsak and Another: QBD 17 Dec 2012

The second defendant insurers appealed against a refusal by the court to allow it to withdraw an admission of liability in respect of a road traffic accident. The insurer said that the fact that it now saw the accident as fraudulent was an exceptional circumstance such as to allow the change. Held: The appeal failed. … Continue reading Dar v Vonsak and Another: QBD 17 Dec 2012

Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd and Others: CA 10 Nov 2022

‘This appeal is concerned with the scope of litigation privilege. The respondent defendants (‘the Bank’ — there is no need to distinguish between them) wish to know which individuals are authorised to give instructions in relation to these proceedings on behalf of the appellant claimant (‘Loreley’), a special purpose vehicle with no employees whose directors … Continue reading Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd and Others: CA 10 Nov 2022

Earles v Barclays Bank plc: Merc 8 Oct 2009

The claimant had lost his claim against the bank, but resisted the amount of costs claimed. Held: The trial had been of a simple factual dispute, and the bank had failed adequately to disclose electronically held material in its possession. The bank had also, and despite having inhouse counsel, employed disproportionately expensive lawyers. The bank … Continue reading Earles v Barclays Bank plc: Merc 8 Oct 2009

Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

GW Pharma Ltd and Another v Otsuka Pharmaceutical Co Ltd: CA 8 Nov 2022

Appeal from an order dismissing the application of the defendants made under CPR Part 11 contesting the court’s jurisdiction and seeking a stay of proceedings. In giving permission to appeal Arnold LJ noted that grounds 1-3 raised important issues as to the jurisdiction of the court to determine the validity of foreign patents, relating to … Continue reading GW Pharma Ltd and Another v Otsuka Pharmaceutical Co Ltd: CA 8 Nov 2022

A and Another v Somerset County Council: QBD 11 Oct 2012

Appeal against refusal of order for pre-action disclosure. Judges: Eady J Citations: [2012] EWHC 2753 (QB) Links: Bailii Statutes: Civil Procedure Rules 31.16 Citing: Cited – In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010 Proceedings had been brought to challenge the validity of Orders in Council … Continue reading A and Another v Somerset County Council: QBD 11 Oct 2012

HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007

The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that … Continue reading HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007

ES v Chesterfield and North Derbyshire Royal Hospital NHS Trust: CA 25 Jul 2003

The claimant sought damages alleging that she had been injured by the defendants’ negligence in conducting her birth. The parties sought determination of whether the court should restrict the number of expert witnesses. Held: Nothing in the rules set a specific limit of one such witness. Where the question was substantial and complex, the overriding … Continue reading ES v Chesterfield and North Derbyshire Royal Hospital NHS Trust: CA 25 Jul 2003

Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999

The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which appeared to be fabrications. Held: Where a party was in breach of court … Continue reading Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999

Stallwood v David and Another: QBD 25 Oct 2006

The parties experts had met and agreed evidence, but the claimant’s expert later changed his mind. She now appealed being refused permission to bring additional evidence. Held: The meeting of experts was to encourage them to seek agreement. The fact that an expert had changed his mind would not alone be sufficient to call additional … Continue reading Stallwood v David and Another: QBD 25 Oct 2006

McGreevy v Kiramba: SCCO 26 Sep 2022

Judges: Costs Judge Leonard Citations: [2022] EWHC 2561 (SCCO) Links: Bailii Statutes: Civil Procedure Rules 36.20(1), (2) (4) Jurisdiction: England and Wales Costs Updated: 04 November 2022; Ref: scu.682260

CIBC Mellon Trust Company and others v Mora Hotel Corp Nv and Another: CA 19 Nov 2002

A party had been ordered to pay into court as a condition of an application to set aside a judgment, a substantial sum in respect of past costs, and also as security for costs to be incurred. The defendant appealed. Held: The judge had not differentiated between the two. On an application for security for … Continue reading CIBC Mellon Trust Company and others v Mora Hotel Corp Nv and Another: CA 19 Nov 2002

Scammell and Others v Dicker: CA 21 Dec 2000

A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers ‘expressed’ to be open for 21 days, but … Continue reading Scammell and Others v Dicker: CA 21 Dec 2000

Deg-Deutsche Investitions Und Entwicklungsgesellschaft Mbh v Koshy and Others: ChD 13 Jan 2000

Once a legal aid certificate is revoked the party is deemed by statute never to have had the benefit of a legal aid certificate. The rules relating to assessment of costs which applied when a party had legal aid did not therefore apply. An order however which has once been made cannot be varied subsequently … Continue reading Deg-Deutsche Investitions Und Entwicklungsgesellschaft Mbh v Koshy and Others: ChD 13 Jan 2000

Nield and Another v Loveday and Another: Admn 13 Jul 2011

The court considered the institution of proceedings for contempt of court based upon an allegation that a document filed in court proceedings and supported by a statement of truth was false. In this case the defendant argued that the first claimant had grossly exaggerated his injuries. The second claimant had come to admit the falsity … Continue reading Nield and Another v Loveday and Another: Admn 13 Jul 2011

Regina on the Application of Pharis v Secretary of State for the Home Department: CA 25 May 2004

The claimant appealed refusal of judicial review of the respondent’s decision to remove him to Nigeria. Held: The appeal was refused. The court said that in future the lodging of a notice of appeal should automatically stay any process of removal pending the appeal. This informal practice had been subject of considerable abuse, with spurious … Continue reading Regina on the Application of Pharis v Secretary of State for the Home Department: CA 25 May 2004

Chan v Alvis Vehicles Ltd and Another: ChD 8 Dec 2004

The parties had had a part trial, and settled. The Gardian Newspaper now applied for disclosure of various documents to support a proposed news story. The parties had disputed payment to the claimant of commissions on the sales of military vehicles by the defendant to an overseas government. The disclosure was opposed by the defendants. … Continue reading Chan v Alvis Vehicles Ltd and Another: ChD 8 Dec 2004

British Data Management Plc v Boxer Commercial Removals Plc and Another: CA 28 Feb 1996

A quia timet action in a defamation case must specify the precise words which are expected to be used. Citations: Times 28-Feb-1996, [1996] 3 All ER 707 Jurisdiction: England and Wales Cited by: Affirmed – Best v Charter Medical of England Ltd and Another CA 26-Oct-2001 The Civil Procedure Rules did not alter the previous … Continue reading British Data Management Plc v Boxer Commercial Removals Plc and Another: CA 28 Feb 1996

Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002

The claimant was the subject of confidential reports prepared by the defendants which were leaked to newspapers causing him damage. He sought leave to amend his claim to add claims for breach of the Data Protection Act and for public misfeasance. Under the Civil Procedure Rules a new claim should be allowed if it is … Continue reading Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002

Campbell v Frisbee: ChD 14 Mar 2002

The defendant appealed a summary judgement on the claimant’s claim with respect to her alleged disclosure of details Miss Campbell’s private life. The claimant sought an action for account of profits for breach of the terms of a contract of service. The defendant claimed that a violent assault by the claimant on her was a … Continue reading Campbell v Frisbee: ChD 14 Mar 2002

Smith International Inc v Specialised Petroleum Group Services (Patent): IPO 11 Jan 2005

The comptroller no longer has jurisdiction to extend the period for filing an appellants notice at the High Court – see Patent Office Practice Notice 1/2003 at [2003] RPC 46. However, the hearing officer held that, owing to an anomaly in the Civil Procedure Rules, he did have jurisdiction to direct the period within which … Continue reading Smith International Inc v Specialised Petroleum Group Services (Patent): IPO 11 Jan 2005

Day Morris Associates v Voyce and Another: CA 26 Feb 2003

The claimant estate agents appealed dismissal of their claim for commission. The owners were splitting up, and there was to begin with no clear instruction to market the property. Later the property was sold privately, but to a buyer introduced by the claimant to Mrs Voyce. The agent asked the court to go beyond its … Continue reading Day Morris Associates v Voyce and Another: CA 26 Feb 2003

DKH Retail Ltd v Republic (Retail) Ltd: ChD 3 Apr 2012

The claimant had begun its action complaining of infringement of unregistered design right in the High Court. The defendant applied to have the case heard in the Patents County Court. Held: The current practice, under which such a decision was made by the transferring court was the correct one, and was within the Civil Procedure … Continue reading DKH Retail Ltd v Republic (Retail) Ltd: ChD 3 Apr 2012

Bell Electric Ltd v Aweco Appliance Systems Gmbh and Co Kg (1501): CA 31 Oct 2002

The respondent sought to appeal. The claimant requested the court to order that as a pre-condition of being allowed to appeal, the respondent should pay into court, or give adequate security for, the costs awarded at first instance, even though there was no evidence that a vigorously followed enforcement would not succeed if the appeal … Continue reading Bell Electric Ltd v Aweco Appliance Systems Gmbh and Co Kg (1501): CA 31 Oct 2002

Azam and Livesey (Patent): IPO 22 Dec 2010

IPO Just before the parties were due to be heard in a dispute over ownership of an application under the Patent Co-operation Treaty, the issue was raised of the validity of an assignment which appeared to cover all rights to the inventive matter contained in the application. As this was a point of central importance … Continue reading Azam and Livesey (Patent): IPO 22 Dec 2010

Orbital 2 Limited and Urs Viktor Giger (Patent): IPO 29 Jan 2010

EAT This was a request for strike-out of an entitlement reference, prior to the formal evidence rounds, on the grounds that the statement of case provided by the claimant did not clearly identify the inventive concept in dispute. The patent applications have not yet been granted, and the defendant says the claims were deliberately drafted … Continue reading Orbital 2 Limited and Urs Viktor Giger (Patent): IPO 29 Jan 2010

Westbrook Dolphin Square Ltd v Friends Life Ltd: CA 18 May 2012

W appealed against the striking out as an abuse of its request for a declaration that the tenants of the flats at Dolphin Square were entitled to acquire its freehold from the respondents. They had previously served and withdrawn a notice claiming the right. Held: The tenants’ appeal was allowed. CPR 38.7 did not operate … Continue reading Westbrook Dolphin Square Ltd v Friends Life Ltd: CA 18 May 2012