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
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
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
Application for further security for costs. Judges: Christopher Clarke J Citations: [2005] EWHC 2309 (Comm) Links: Bailii Statutes: Civil Procedure Rules 25.13.2(a) 25.13.2(g) Civil Procedure Rules Updated: 09 November 2022; Ref: scu.467277
The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed. Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In … Continue reading Perry v Chief Constable of Humberside Police: Admn 18 Oct 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 They had previously served and withdrawn a notice claiming the right.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
(Patent) The claimant sought to amend its statement by referring to a further prior art document. The defendant raised no objection, subject to an order for costs wasted in respect of the amendment. However in its subsequent counter-statement, the defendant said that the statement was lengthy, repetitive and could not be succinctly answered, and later … Continue reading Ingenico (UK) Ltd v Newt Ltd: IPO 18 Jan 2006
Where a patentee sues for infringement and then discontinues his claim against the alleged infringer and consents to the revocation of his patent, he may yet require the alleged infringer to pay a substantial proportion of his costs if he can show that this situation came about because the alleged infringer had amended his defence … Continue reading Baird v Moule’s Patent Earth Closet Co Ltd: CA 3 Feb 1876
Further applications in defendant’s application for summary judgment and or security for costs in the claimant’s claim alleging copyright infringement. Held: The claimant was ordered to pay a sum of andpound;50,000 as security for costs.Kitchin J summarised the principles: ‘(i) the court has jurisdiction under rule 24.6 to make an order which is tantamount to … Continue reading Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011
The court considered the significance of CPR 52.13(2): ‘The restriction on second appeals is important because Parliament has made it clear that it wishes pretrial disputes in civil litigation to be dealt with, on the whole, at a level lower than this court. It may be that judges in the courts below may make orders … Continue reading Ahmed v Stanley A Coleman and Hill: CA 18 Jun 2002
The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the judgement debt. The applicant company is a limited liability company registered in … Continue reading Hammond Suddard, Solicitors v Agrichem International Holdings Limited: CA 18 Dec 2001
The appeal raises the following interesting and difficult question: On an application for retrospective validation of what is now accepted to be the defective service of a claim form, and where any new claim would now be statute-barred, is it appropriate for the court to allow a respondent to take advantage of an honest mistake … Continue reading Phoenix Healthcare Distribution Ltd v Woodward and Another: ChD 26 Jul 2018
Judges: MacDuff J Citations: [2010] EWHC 311 (QB), [2010] 3 Costs LR 402 Links: Bailii Statutes: Civil Procedure Rules 36 Jurisdiction: England and Wales Costs, Litigation Practice, Civil Procedure Rules Updated: 14 August 2022; Ref: scu.401923
application by the Defendant to set aside judgment in default of defence for a sum to be determined. Citations: [2019] EWHC 1904 (QB) Links: Bailii Statutes: Civil Procedure Rules 12 Jurisdiction: England and Wales Litigation Practice Updated: 25 July 2022; Ref: scu.639725
The claimants appealed against a reduction in their costs awards after succeeding in their claims arising from road traffic incidents. The judge had awarded them only 60% of their costs and they appealed submitting that there was no reason why they should not get 100%. Held: The appeal succeeded. It was the defendant insurers allegations … Continue reading Hall and others v Stone: CA 18 Dec 2007
The parties had disputed the terms of a construction contract, but it was settled very shortly after issue of proceedings. The court was asked whether only fixed costs should be payable if the defendant to an issued claim admits or pays the sum claimed within a few days of the issue on or before the … Continue reading Amber Construction Services Ltd v London Interspace Hg Ltd: TCC 18 Dec 2007
The defendant occupied property belonging to the claimant. An order for immediate possession had been granted in January. The defendant now said that part of the order was been made without jurisdiction. Held: Though he occupied the property as a licensee only of the claimant, that licence had been granted against the promise of the … Continue reading Polar Park Enterprises v Allason: ChD 18 Apr 2007
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland. Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be … Continue reading Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006
Opposed application for an order for the provision of further information under CPR 18.1. Judges: Briggs J Citations: [2010] EWHC 1416 (Ch) Links: Bailii Statutes: Civil Procedure Rules 18.1 Jurisdiction: England and Wales Citing: See Also – Lexi Holdings (In Administration) v Pannone and Partners ChD 26-Oct-2009 The parties sought preliminary decisions in their court … Continue reading Lexi Holdings (In Administration) v Pannone and Partners: ChD 18 Jun 2010
The appellant sought leave to appeal out of time against an order dismissing his action against the solicitors who had acted for his former spouse in matrimonial proceedings. Held: Leave was refused. A solicitor owes his duty to his own client, not to the opponent. The action and the appeal were totally without merit. The … Continue reading Wilkes v Ballam Delaney Hunt (A Firm): CA 18 Aug 2005
The claimants renewed their application for permission to appeal from an order granting an application made by the defendant, Talksport Ltd, to exclude certain evidence which the claimants appeared to wish to adduce at the trial of the action. Mr Irvine, a famous racing driver, talked of the defendant’s use of his image for advertising … Continue reading Irvine and Another v Talksport Ltd: CA 18 Jan 2002
The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 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
Nieces had fallen out over their aunt’s estate. One niece had been closer than the others, and despite not properly understanding what she was doing the deceased had made lifetime gifts to the niece who was now executor. She appealed a finding of having an obligation as executor to reinstate the estate despite not herself … Continue reading Jennings and Another v Cairns: CA 18 Nov 2003
The claimant had recovered damages, but was ordered to pay costs since she had recovered less than was paid in. She appealed. Held: There were anomalies in the system with regard to the recoverable social security benefits. The sums recoverable were not reduced in line with any reduction for contributory negligence, benefits could be recovered … Continue reading Williams v Devon County Council: CA 18 Mar 2003
The claimant in a defamation case appealed a decision to strike out his claim on the basis that it was an abuse of process, being intended to act as an harassment of the defendant, or to cause commercial embarrassment or undue cost. Held: Applying Broxton, the case was properly struck out. The test of abuse … Continue reading Wallis v Valentine and Others: CA 18 Jul 2002
The court has a power to order substitution of a party though the limitation period, and even the ‘long stop’ limitation period had expired. The claimant child sought damages after a vaccination. The batch had been attributed to the wrong manufacturer, and the error only came to light outside the limitation period. It was said … Continue reading Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001
Those issuing proceedings, anticipating no dispute as to the facts, and therefore using Part 8, should remain aware of the fact that, upon a dispute, and in the absence of a judge explicitly reallocating the claim to the multitrack, the court rules would do the same by default, with the further effect of disallowing any … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2001
The widow appealed against strike out of her claim under the 1975 Act. It had been filed with several mistakes and only just in time. Held: Her appeal succeeded. Though the defects were real and to be deplored, the paperwork contained all the necessary information: ‘The ‘quirky’ petition was filed at the Stafford County Court … Continue reading Hannigan v Hannigan: CA 18 May 2000
‘The appeal concerns the operation of the qualified one-way costs shifting regime (known as ‘QOCS’) contained in Section II of Part 44 of the Civil Procedure Rules (‘CPR’). The Judge decided that QOCS applied, automatically, to protect Ms Brown against any adverse costs order which might be made against her in the Police’s favour. The … Continue reading Police of The Metropolis v Brown: QBD 31 Jul 2018
The publication of articles in a newspaper describing how a ‘black clerk’ had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail. Held: The court considered the type of conduct which had to be proved to bring the case within the statute. Publication … Continue reading Thomas v News Group Newspapers Ltd: CA 18 Jul 2001
The respondent, a neighbour of the claimant, had fallen into dispute with the claimant, and issued a leaflet and signs alleging fraud. The claimants obtained an injunction, and in the absence of a substantive defence, judgement. He claimed that the judgement had deprived him of his right to a jury trial because the case involved … Continue reading Safeway Stores Plc v Albert Tate: CA 18 Dec 2000
Citations: [2001] EWCA Civ 1213 Links: Bailii Statutes: Civil Procedure Rules 32 Jurisdiction: England and Wales Citing: Appeal from – Grobbelaar v Sun Newspapers Ltd CA 9-Jul-1999 With the new Civil Procedure Rules, it was no longer correct that a court could not exclude evidence which was relevant, on the grounds that its probative value … Continue reading Grobbelaar v News Group Newspapers and Another: CA 18 Jan 2001
Wills J said: ‘All the common law statutes as to interpleader are now repealed and the right to that class of relief is regulated by Order LVII, by which the old practice of the Court of Chancery is modified’. Judges: Wills J Citations: (1886) 16 QBD 686 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Reading v The London School Board: 1886
The court refused to make an order for a payment of interim costs when the substantive claim for costs remained to be heard. The claimant had accepted a payment in entitling it to its costs, but now sought an interim award before the full costs could be assessed. Any rule allowing a judge to make … Continue reading Dyson Appliances Limited v Hoover Limited (No 4): PatC 18 Feb 2003
The case had been decide on the basis of the papers after the employer had failed to submit a response. It now appealed against a refusal to allow them to be heard as to the assessment of damages. Held: The appeal succeeded. The tribunal should apply the practice which apply in standard civil claims. Judges: … Continue reading Office Equipment Systems Ltd v Hughes: CA 1 Aug 2018
Citations: [2018] EWCA Civ 1831 Links: Bailii Statutes: Civil Procedure Rules 36 Jurisdiction: England and Wales Civil Procedure Rules Updated: 25 April 2022; Ref: scu.620466
The court was asked important questions about (i) the powers of the court under the CPR and its inherent jurisdiction to permit access to documents by non-parties; (ii) the way in which the court’s discretion should be exercised where an application is within its powers; and (iii) the proper balance to be struck between the … Continue reading Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Group): CA 31 Jul 2018
Applications brought by the claimants under section 41 of the County Courts Act 1984 for orders transferring their claims from the Central London County Court to the High Court. Such applications are usually straightforward; indeed, they are usually dealt with by consent. But these raise issues concerning the interplay of sections 41 and 42 of … Continue reading Bass v Ministry of Defence: QBD 5 Jun 2018
Claim by international firm of lawyers for breach of confidence against publishers who had received and published that information. The court now considered which division of the High Court should hear the claim. Held: Rose J considered the creation of the M and CL and observed: ‘the starting point is, as I have said, that … Continue reading Appleby Global Group Llc v British Broadcasting Corporation and Another: ChD 26 Jan 2018
Reconsideration of a dismissal order dated 19 February 2016 dismissing an appellant’s notice for failure to comply with the Civil Procedure Rules Practice Direction 52C. Meacher M [2016] EWCA Civ 380 Bailii England and Wales Litigation Practice Updated: 14 January 2022; Ref: scu.563246
Short issue as to the requirements for valid ‘service’ of a completion notice so as to bring a newly completed building within liability for non-domestic rates. The notice had been served by email where no statutory authority existed for this. Held: The LA’s appeal succeeded. ‘Against the background of the detailed scheme established by or … Continue reading UKI (Kingsway) Ltd v Westminster City Council: SC 17 Dec 2018
Mr Justice Neuberger [1999] EWHC 835 (Ch) Bailii England and Wales Citing: See also – Commissioners of Customs and Excise v Anchor Foods Ltd (No 2) ChD 24-Mar-1999 The claimant intended to seek recovery of a very substantial sum from the defendant. On learning of the defendant’s intention to sell its assets, it sought an … Continue reading Customs and Excise v Anchor Foods Ltd (No.4): ChD 18 Oct 1999
ECJ Judgment – Civil service – ECB staff – Access of ECB staff to documents connected with their employment relationship – Rules applicable to requests from ECB staff – Pre-litigation procedure – Rule of correspondence – Plea of illegality raised for the first time in the action – Admissibility – Right to effective judicial protection … Continue reading Cerafogli v ECB: ECJ 18 Sep 2014
applications for permission to amend Peter Macdonald Eggers QC, (Sitting as a Deputy Judge of the High Court) [2021] EWHC 2330 (Comm) Bailii Civil Procedure Rules 17.1(2)(b) England and Wales Litigation Practice Updated: 21 December 2021; Ref: scu.667433
Application for the first defendant to be committed for alleged contempt of court for having failed to make disclosure of documents as required by a court order.Whipple J said: ‘In this case, the extent to which the Defendants are in continuing breach is in issue. In resolving that factual issue, Mr Milner suggests that it … Continue reading VIS Trading Co Ltd v Nazarov and Others: QBD 18 Nov 2015
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, to testify should their identities be disclosed. He now said that … Continue reading Regina v Davis: HL 18 Jun 2008
Choice of Division and Business Lists Claim that the publication of pictures of the young children of the celebrity claimants had been published by the defendant on-line without consent and without pixelation, in breach of their human rights, of data protection, and right to privacy. The defendants now sought the transfer of the case to … Continue reading Mezvinsky and Another v Associated Newspapers Ltd: ChD 25 May 2018
Application for non-party costs order against litigation funder. The third party denied that he was a person against whom an order could be made, and denied his formal involvement in the companies funding the litigation. Held: Such an order must be exceptional, and is not to be made simply because a party has funded the … Continue reading Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates: QBD 18 Nov 2008
The claimant sought unredacted disclosure of documents by the second defendant so that he could pursue an action against the first, who, he said, were thought to have intercepted his mobile phone messages, and where the second defendant had documents which he said would support his claim. The second defendant sought to argue public interest … Continue reading Andrew v News Group Newspapers Ltd and Commissioner of the Police for the Metropolis: ChD 18 Mar 2011
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011
Equitable Interpleader Equitable Interpleader – Enforcement – controlled goods – interpleader – equity – common law – Civil Procedure – Rules of Supreme Court – title to goods – third party – Writ – High Court Enforcement Officers Victoria McCloud M [2018] EWHC 219 (QB) Bailii Civil Procedure Rules 85.4 85.5, Tribunals, Courts and Enforcement … Continue reading Celador Radio Ltd v Rancho Steak House Ltd (Equitable Interpleader – Enforcement): QBD 16 Feb 2018
Breach of Undertaking went Beyond Debt The tenant had obtained a stay of execution of a warrant for possession, by undertaking to discharge the arrears. He failed to pay, and the Court now considered whether such a failure was a contempt with a possible imprisonment for punishment. The tenant appealed from such an order saying … Continue reading Hussain v Vaswani and Others: CA 18 Sep 2020
Contract without Capacity – Voidable not Void A person of unsound mind was sued on a promissory note. He had signed it as surety. The jury found that he was insane when he signed the note but there was no finding as to the creditor’s knowledge of such insanity. The judge entered a verdict against … Continue reading Imperial Loan Co v Stone: CA 1892
The claimants had begun copyright infringement cases. Having been refused a request to be allowed to withdraw the cases as an abuse, their solicitors now faced an application for a wasted costs order. Held: The court only has jurisdiction to make a wasted costs order when the impugned conduct has caused a waste of costs … Continue reading Media Cat Ltd v Adams and Others: PCC 18 Apr 2011
The court considered a strike out application. Held: Although there might be many cases where the possibility or otherwise of a fair trial is highly important to the exercise of discretion under CPR 3.9. it does not follow that where a fair trial is still possible, relief will necessarily be granted: ‘CPR 3.9 deals generally … Continue reading Hansom and others v E Rex Makin and Wright: CA 18 Dec 2003
AL Smith LJ said: ‘The matter [ie, of interpleader] now depends upon the provisions of Order LVII, r.1’ . .
An entitlement to an equal division must reflect not only the parties’ respective contributions ‘but also an accrual over time’, and it would be ‘fundamentally unfair’ that a party who has made domestic contributions during a marriage of 12 years . .
The applicants, an heterosexual couple wished to enter into a civil partnership under the 2004 Act, rather than a marriage. They complained that had they been a same sex couple they would have had that choice under the 2013 Act.
Held: The . .
The claimant had been awarded andpound;85,000 damages in defamation after the defendant had wrongly accused him of cheating at football. The newspaper sought to appeal saying that the verdict was perverse and the defence of qualified privilege . .
. .
‘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
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
The French company defendants had been ordered to disclose documents which they said might expose them to criminal prosecution in France. They now appealed. Held: The court was not obliged to make use of the Council Regulation. Orders for discovery of a document in this court (or for inspection of a document already disclosed) are … Continue reading Secretary of State for Health and Others v Servier Laboratories Ltd and Others: CA 22 Oct 2013
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
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
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
(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
It is necessary to concentrate on the intrinsic justice of a particular case in the light of the overriding objective. ‘For the reasons which I have just given, I think that the question is whether the claim has no real prospect of succeeding at trial and that it has to be answered having regard to … Continue reading Purdy v Cambran: 17 Dec 1999
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
The test to be applied to the question of summary disposal under s.8 of the 1996 Act is the same as that under CPR Part 24. Judges: Early J Citations: [2000] EMLR 681 Statutes: Defamation Act 1996 8, Civil Procedure Rules 24 Jurisdiction: England and Wales Cited by: Cited – Downtex v Flatley CA 2-Oct-2003 … Continue reading James Gilbert Ltd v MGN Ltd: 2000
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017
The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act. Held: It was common … Continue reading British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011
Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision. Held: Justices sitting as visitors were not sitting as judges as such, but in a domestic forum, and their decisions were … Continue reading Regina v Visitors to the Inns of Court ex parte Calder: CA 1993
‘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
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
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
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
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
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
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
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
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
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
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
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
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
Defendant’s application for summary judgment pursuant to CPR 24.2 and/or strike out of the claim pursuant to CPR 3.4(a) on the basis that there are no reasonable grounds for bringing the claim and /or (b) that it is an abuse of process. The claim is pleaded as one for restitution /damages in the sum of … Continue reading Ogedegbe v Simplyhealth People Ltd: KBD 17 Nov 2022
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
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
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
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
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
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
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
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
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
A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent abuse of process, and the procedure had been explicitly adopted by … Continue reading Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997
The claimant sought damages in defamation, saying that a combination of publications identified him. Held: Eady J briefly discussed the effect of hyperlinks in the context of a dispute about meaning or reference in a defamation case. Judges: Eady J Citations: [2010] EWHC 100 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Swain … Continue reading Ali v Associated Newspapers Ltd: QBD 27 Jan 2010
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
