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Sarpd Oil International Ltd v Addax Energy Sa and Another: CA 3 Mar 2016

appeal about security for costs. Held: Where a foreign company is reticent in revealing, or declines to reveal its financial position, it is ‘sound’ practice to grant security against it: ‘ If a company is given every opportunity to show that it can pay a defendant’s costs and deliberately refuses to do so there is, … Continue reading Sarpd Oil International Ltd v Addax Energy Sa and Another: CA 3 Mar 2016

Sahyouni v Mamisch: ECJ 12 May 2016

ECJ (Order) Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Judicial cooperation in civil matters – Regulation (EU) No 1259/2010 – Scope – Recognition of a private divorce pronounced by a religious court in a third country – Manifest lack of jurisdiction of the Court C-281/15, … Continue reading Sahyouni v Mamisch: ECJ 12 May 2016

Corporate Commercial Bank v Elit Petrol AD: ECJ 15 Jan 2020

(Area of Freedom, Security and Justice – Order) Reference for a preliminary ruling – Article 53 (2) of the Rules of Procedure of the Court – Judicial cooperation in civil matters – Insolvency proceedings – Retroactive modification of the conditions for the execution of reciprocal set-offs carried out with a bankrupt credit institution – State … Continue reading Corporate Commercial Bank v Elit Petrol AD: ECJ 15 Jan 2020

Woodhouse v Consignia Plc; Steliou v Compton: CA 7 Mar 2002

The claimant continued an action brought in her late husband’s name. The action had begun under the former rules. After the new rules came into effect, the action was automatically stayed, since no progress had been made for over a year. Her application to lift the stay was refused, and she appealed. Held: The automatic … Continue reading Woodhouse v Consignia Plc; Steliou v Compton: CA 7 Mar 2002

Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004

The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury. Held: The jury should indeed have been given opportunity to explain their verdict: ‘By … Continue reading Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

The Co-Operative Bank Plc v Phillips: ChD 21 Aug 2014

The bank had brought possession proceedings against the defendant under two legal charges securing personal guarantees. The proceedings had been abandoned, but the court now was asked whether costs for the defendant should be on the standard or indemnity basis. The defendant argued that the proceedings had been brought for a collateral purpose and were … Continue reading The Co-Operative Bank Plc v Phillips: ChD 21 Aug 2014

Ansol Ltd v Taylor Joynson Garrett (a Firm) and Others: ChD 15 Jan 2002

Counsel who fail to abide by the time limits set down clearly in the rules for the delivery of skeleton arguments must expect to suffer appropriate sanctions. The limits enabled judges to carry out effective pre-reading to make the hearing shorter and more effective. It reduced the costs to the partes. Sir Andrew Morritt, Vice-Chancellor … Continue reading Ansol Ltd v Taylor Joynson Garrett (a Firm) and Others: ChD 15 Jan 2002

Secretary of State for Trade and Industry v Lewis and Another: ChD 19 Jul 2001

Where the sole substantial issue was that the court of first instance had failed to give reasons for its decision, it would normally be wrong for an appellate court to order a rehearing rather than a review. This might be appropriate if the court below had been asked and had refused to give reasons, or … Continue reading Secretary of State for Trade and Industry v Lewis and Another: ChD 19 Jul 2001

Independents’ Advantage Insurance Company Ltd v Cook and Another: CA 24 Jul 2003

‘The power of the court to strike out a statement of case under CPR 3.4(2)(a) – and the related power to give summary judgment under CPR 24.2 – has an important place in the disposal of claims in accordance with the Civil Procedural Rules. The exercise of those powers, in an appropriate case, gives effect … Continue reading Independents’ Advantage Insurance Company Ltd v Cook and Another: CA 24 Jul 2003

Oak Cash and Carry Ltd v British Gas Trading Ltd: CA 15 Mar 2016

Appeal by a defendant, whose defence had been struck out for non-compliance with court orders, against the refusal of relief from that sanction pursuant to Civil Procedure Rule 3.9. The principal issues in this appeal were: i) whether, in assessing the seriousness of non-compliance with an ‘unless’ order, the court should have regard to the … Continue reading Oak Cash and Carry Ltd v British Gas Trading Ltd: CA 15 Mar 2016

Gentry v Miller and Another: CA 9 Mar 2016

This appeal raises the question of how the court should approach the grant of relief from sanctions in a case where the defaulting party has delayed in applying for relief but is able to point to evidence that enables it to allege that the claim is a fraudulent one. Lewison, Beatson, Vos LJJ [2016] EWCA … Continue reading Gentry v Miller and Another: CA 9 Mar 2016

Beasley v Alexander: QBD 9 Oct 2012

The parties had disputed liability for personal injuries in a road traffic accident. The court had held the defendant liable, but held over the assessment of damages. The defendant sought to refer to the fact of his offer of settlement when assessing the costs of the liability trial. Held: CPR r 36.13(2) did not permit … Continue reading Beasley v Alexander: QBD 9 Oct 2012

Coward v Harraden: QBD 2 Dec 2011

Parties had fought each other in wide ranging litigation. The claimant found covert surveillance devices in his home, and discovered evidence that the defendant may have information as to who had placed them. Earlier orders had been made for the disclosure of some information. The party opposing the claimant in the ongoing litigation then applied … Continue reading Coward v Harraden: QBD 2 Dec 2011

Amin and Another v Mullings and Another: QBD 17 Feb 2011

The parties disputed the uplift applicable where a road traffic personal injury claim was settled on the day before the full trial, and whether ‘ the learned Recorder erred in holding that the claim concluded at trial because the Claimant’s claim because settlement of the claim was reached on the day fixed for the trial. … Continue reading Amin and Another v Mullings and Another: QBD 17 Feb 2011

Floyd and Another v Legal Services Commission: QBD 28 Apr 2010

The claimant had succeeded in an action against her legally aided opponent, but then delayed in making her claim for costs against the respondent. The costs judge said that the CPR did not apply, and that he had no discretion to extend the time limit. The claimant said that a costs judge could extend the … Continue reading Floyd and Another v Legal Services Commission: QBD 28 Apr 2010

Knight v Axa Assurances: QBD 24 Jul 2009

The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009

Kirk v Walton: QBD 24 Jul 2008

The defendant sought leave to bring proceedings for contempt of court against the claimant saying that she had had no honest belief in the matters deposed in her statement of truth, in that she had substantially exaggerated her injuries. Held: Leave was granted. The court approached the application on the basis ‘that the discretion to … Continue reading Kirk v Walton: QBD 24 Jul 2008

Anglia Research Services Ltd and Another v Finders Genealogists Ltd and Another: QBD 17 Feb 2016

The parties were competing companies. The claimant sought to usePre-action disclosure procedures after proceedings had already been issued. Held: ‘the Claimants have made out a clear and strong case for the exercise of the Court’s discretion to order pre-action disclosure in their favour, and I so order.’ Moloney QC HHJ [2016] EWHC 297 (QB) Bailii … Continue reading Anglia Research Services Ltd and Another v Finders Genealogists Ltd and Another: QBD 17 Feb 2016

Winkler and Another v Shamoon and Others: ChD 15 Feb 2016

The claimants sought a declaration as against the residuary beneficiaries (wife and daughter) under the will, saying that the claimants had a beneficial interest in company shares within the estate. The defendants fild acknowledgments of service but asserting expressly that they did not submit to the jurisdiction of the court. The claimants said that the … Continue reading Winkler and Another v Shamoon and Others: ChD 15 Feb 2016

Abela and Others v Baadarani and Another: ChD 28 Jan 2011

The claimant sought damages alleging inter alia fraud by the defendant in a company sale between the parties. The defendant now sought to have set aside the service on him in Lebanon, saying that The English court was not the forum coveniens. He also said that the claim was out of time. Held: The application … Continue reading Abela and Others v Baadarani and Another: ChD 28 Jan 2011

Seal v Chief Constable of South Wales Police: CA 19 May 2005

Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek permission from the court as was required by s139(2). Held: The appeal … Continue reading Seal v Chief Constable of South Wales Police: CA 19 May 2005

Elmes v Hygrade Food Products Plc: CA 24 Jan 2001

Where a claim form is served in time but is incorrectly served (in this case on the defendants’ insurers instead of on the defendants themselves), there is no power in the court under CPR 3.10(b) (remedy of errors of procedure) or CPR 6.8 (service by an alternative method) retrospectively to remedy the error by deeming … Continue reading Elmes v Hygrade Food Products Plc: CA 24 Jan 2001

Jones v Longley and Others: ChD 20 Nov 2015

The court had made an order removing one executor, though with no criticism. It now considered its order for costs, all parties seeking costs in their favour. Held: The two personal representatives could not be expected to continue to work together, and at least one must go. Master Matthews said: ‘there are not two sets … Continue reading Jones v Longley and Others: ChD 20 Nov 2015

In re Good, deceased; Carapeto v Good and Others: ChD 19 Apr 2002

The normal rules as to costs contained in the CPR should also be followed in probate actions save only that the judge should also take account of the guidance in the Spiers case, where an alternative costs order might be made if the testator or those interested in the residue had been the cause of … Continue reading In re Good, deceased; Carapeto v Good and Others: ChD 19 Apr 2002

Arcadia Group Brands Ltd and Others v Visa Inc and Others: CA 5 Aug 2015

Appeal by the claimants from the order of Simon J by which he ordered on summary judgment applications by the defendants that (1) the claimants are not entitled to rely on section 32(1)(b) of the Limitation Act 1980; and the claims are time barred pursuant to sections 2 and 9 of the 1980 Act insofar … Continue reading Arcadia Group Brands Ltd and Others v Visa Inc and Others: CA 5 Aug 2015

Hoddinott and others v Persimmon Homes (Wessex) Ltd: CA 21 Nov 2007

The claimant had issued proceedings and the defendant filed an acknowledgement, and then argued that the court had no jurisdiction. The claimant appealed against an order declining jurisdiction. Held: Where a party filed an acknowledgement, that was an acceptance of the court’s jurisdiction unless at the same time it was made clear that the acknowledgement … Continue reading Hoddinott and others v Persimmon Homes (Wessex) Ltd: CA 21 Nov 2007

Michael Wilson and Partners Ltd v Sinclair and Others: CA 23 Jul 2015

Richards, Christopher Clarke LJJ [2015] EWCA Civ 774, [2015] 4 Costs LR 707, [2015] CP Rep 45 Bailii England and Wales Citing: See Also – Emmott v Michael Wilson and Partners Ltd CA 12-Mar-2008 The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a … Continue reading Michael Wilson and Partners Ltd v Sinclair and Others: CA 23 Jul 2015

Buckinghamshire Council v FCC Buckinghamshire Ltd: TCC 26 Oct 2021

Two Part 8 Claims brought by the parties seeking declarations in respect of the proper construction of income sharing arrangements under a waste management project agreement and associated relief. Mrs Justice O’Farrell [2021] EWHC 2867 (TCC) Bailii Civil Procedure Rules 8 England and Wales Contract Updated: 02 January 2022; Ref: scu.670702

Iliffe and Another v Feltham Construction Ltd and Others: CA 9 Jul 2015

Appeal by the main contractor against a summary judgment on liability in favour of the building owners, in the context of multi-party litigation concerning fire damage. The issue in this appeal is whether, despite the building owners’ good prospects of success, the requirements for summary judgment set out in the Civil Procedure Rules (‘CPR’) are … Continue reading Iliffe and Another v Feltham Construction Ltd and Others: CA 9 Jul 2015

Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015

The claimant commenced an action here after suffering injury whilst in Egypt on an excursion organised under the control of the defendant. The defendant denied jurisdiction as regards the damage suffered. Held: The defendant’s appeal was allowed in part. The use of the word ‘damage’ in the Regulation could not be relied upon to create … Continue reading Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015

TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

The claimant sought to register and enforce here, a judgment obtained by default in Germany. It was argued that he had not had, under section 27(2) sufficient opportunity to make a proper reply to the proceedings, and that the Brussels Convention created a right of appeal outside the range of appeals under the Civil Procedure … Continue reading TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

Manchester City Council v Pinnock: SC 3 Nov 2010

The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice. Held: The appeal of Adams was denied, but those of MacDermott and McCartney allowed (by majority). The … Continue reading Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

UKI (Kingsway) Ltd v Westminster City Council: SC 17 Dec 2018

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

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Roberts v Parole Board: HL 7 Jul 2005

Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005

Crest Nicholson Operations Ltd and Another v Grafik Architects Ltd and Another: TCC 10 Nov 2021

Application to strike out a claim pursuant to Civil Procedure Rule 3.4(2) on the basis that it discloses no reasonable grounds for bringing the claim and/or because it is an abuse of process. Her Honour Judge Sarah Watson [2021] EWHC 2948 (TCC) Bailii Civil Procedure Rules 3.4(2) England and Wales Litigation Practice Updated: 31 December … Continue reading Crest Nicholson Operations Ltd and Another v Grafik Architects Ltd and Another: TCC 10 Nov 2021

Navarro v Commission: ECFI 9 Jun 2015

ECJ Judgment – Appeal – Public service – Contract staff – Recruitment – Call for expressions of interest – Minimum Qualifications – Commitment refusal – Violation of Article 116, paragraph 2 of the Rules of Procedure of the Civil Service – Error law – Distortion of the facts T-556/14, [2015] EUECJ T-556/14 Bailii European Employment … Continue reading Navarro v Commission: ECFI 9 Jun 2015

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

Ministry of Justice (Central Government): ICO 14 Sep 2021

The complainant has requested information relating to an amendment of the Civil Procedure Rules (CPR)/ County Court Money Claims Centre (CCMCC). The Commissioner’s decision is that Ministry of Justice (MOJ) has correctly cited section 14(2) in response to the request. The Commissioner does not requires the public authority to take any steps as a result … Continue reading Ministry of Justice (Central Government): ICO 14 Sep 2021

Dalton and Others v British Telecommunications Plc: QBD 13 Mar 2015

The court considered the success fee payable by a defendant employer in the (very common) situation where a claim for damages for noise-induced hearing loss is settled before a trial has commenced. The issue is whether, in that context, noise-induced hearing loss is to be regarded as a disease. Phillips J [2015] EWHC 616 (QB) … Continue reading Dalton and Others v British Telecommunications Plc: QBD 13 Mar 2015

Pannone Llp v Aardvark Digital Ltd: CA 12 Jul 2011

Claimant a few minutes late filing and then serving documents under an unless order although the process of filing by fax and serving by email was initiated in each case before the deadline. Arden, Lloyd, Tomlinson LJJ [2011] EWCA Civ 803, [2011] 1 WLR 2275, [2011] NPC 74 Bailii Civil Procedure Rules 3.1(2)(a) England and … Continue reading Pannone Llp v Aardvark Digital Ltd: CA 12 Jul 2011

Klausecker v Germany (Dec): ECHR 6 Jan 2015

ECHR Article 6 Civil proceedings Article 6-1 Access to court Limitations on access to domestic courts to review recruitment procedure before European Patent Office when reasonable alternative procedure (arbitration) available: inadmissible Facts – The applicant, who is disabled, applied for a post as a patent examiner at the European Patent Office (EPO) in Munich. Although … Continue reading Klausecker v Germany (Dec): ECHR 6 Jan 2015

Hoon v The United Kingdom (Dec): ECHR 13 Nov 2014

ECHR Article 8-1 Respect for private life Publication of parliamentary investigation into conduct of former Minister: inadmissible Article 6 Civil proceedings Article 6-1 Civil rights and obligations Complaints relating to parliamentary investigation into conduct of former Minister: inadmissible Facts – The case concerned the investigation by parliamentary authorities into the applicant, a former government minister, … Continue reading Hoon v The United Kingdom (Dec): ECHR 13 Nov 2014

XYZ v Various (Including Transform Medical Group (CS) Ltd and Spire Healthcare Limited) and Others: QBD 3 Dec 2014

The court considered further direction in a personal injury claim involving over 1,000 women complaining of the breast implants supplied by the defendants. The claimants wanted the defendant’s insurers to be joined so as to ascertain the viability of the action. Held: A claimant must take the defendant as he finds him. Application refused. Thirlwall … Continue reading XYZ v Various (Including Transform Medical Group (CS) Ltd and Spire Healthcare Limited) and Others: QBD 3 Dec 2014

Wray v General Osteopathic Council: CA 17 Dec 2021

Registered osteopath given conditional discharge for possession of offensive weapon in public place Lord Justice Underhill, (Vice-President of the Court of Appeal (Civil Division)), Lord Justice Stuart-Smith, And, Lord Justice Nugee [2021] EWCA Civ 1940, [2021] WLR(D) 636 Bailii, WLRD, Judiciary General Osteopathic Council (Professional Conduct Committee) (Procedure) Rules 2000, Osteopaths Act 1993 England and … Continue reading Wray v General Osteopathic Council: CA 17 Dec 2021

Wearn (T/A Jonathan Wearn Productions) v HNH International Holdings Ltd: ChD 29 Oct 2014

An application was made to strike out the claim when the action had begun nearly 14 years before, but had not yet concluded. The defendant argued that the delay amouned to an abuse of process. Additionally the parties disputed the admission of expert evidence. The defendant argued that the claimant’s expert had gone beyond his … Continue reading Wearn (T/A Jonathan Wearn Productions) v HNH International Holdings Ltd: ChD 29 Oct 2014

Australia and New Zealand Banking Group Ltd v National Westminster Bank plc and Others: ChD 6 Feb 2002

Where an innocent party had been joined in an action in order to ensure proper discovery, he should be excused from the action once he had complied with the discovery required. It would be wrong to continue his involvement against an unsupported expectation that further documents might be required. Mr John Jarvis, QC Times 14-Feb-2002, … Continue reading Australia and New Zealand Banking Group Ltd v National Westminster Bank plc and Others: ChD 6 Feb 2002

Konamaneni v Rolls Royce Industrial Power (India) Limited: ChD 20 Dec 2001

The claimants founded their action on the assertion that the defendants had been corrupt in obtaining contracts in India. The defendants argued that the English courts had no jurisdiction. The claimants held various small shareholdings in a company used as a vehicle for paying bribes, and sought return of the money paid. It was a … Continue reading Konamaneni v Rolls Royce Industrial Power (India) Limited: ChD 20 Dec 2001

GSM Export (UK) Ltd and Another v Revenue and Customs: UTTC 14 Oct 2014

PROCEDURE – application for an order for security for costs – CPR, rule 25 – whether reason to believe appellants will be unable to pay respondents’ costs if ordered to do so – significance of ATE insurance – whether just to make an order in all the circumstances of the case – weight to be … Continue reading GSM Export (UK) Ltd and Another v Revenue and Customs: UTTC 14 Oct 2014

Carlton Advisors v Dorchester Holdings Ltd: ComC 29 Aug 2014

The court considered a request to order the defendants to pay a sum of money into court having defaulted in compliance with directions. Held: The court does have the power under 3.1(5) to order a party to pay a sum of money into court if that party has, without good reason, failed to comply with … Continue reading Carlton Advisors v Dorchester Holdings Ltd: ComC 29 Aug 2014

Tchenguiz v Director of The Serious Fraud Office and Others: CA 13 Oct 2014

Application made pursuant to paragraph 32 of Practice Direction 52C to rely on a supplementary skeleton argument for the purposes of the present appeal. The context in which this application is made is an appeal by the claimant against an order of Mr Justice Eder in the exercise of his discretion under Civil Procedure Rules, … Continue reading Tchenguiz v Director of The Serious Fraud Office and Others: CA 13 Oct 2014

Long v Value Properties Ltd and Another: ChD 30 Sep 2014

This appeal raises the following questions (i) whether a breach of the CPR has occurred here, (ii) if so, what is the applicable sanction, if any, for that breach, and (iii) whether relief from any such sanction should be granted. Barling J [2014] EWHC 2981 (Ch) Bailii Civil Procedure Rules 3.9 England and Wales Costs, … Continue reading Long v Value Properties Ltd and Another: ChD 30 Sep 2014

Cerafogli v ECB: ECJ 18 Sep 2014

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

Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

ECJ Order Of The Court – Preliminary ruling – Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70/EC – Framework agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – Contracts of fixed-term employment in the Public Sector – Procedure stabilization – Recruitment of fixed-term workers … Continue reading Per l’energia autorita elettrica e il gas v Bertazzi And Others: ECJ 4 Sep 2014

Home Office v Lownds (Practice Note): CA 21 Mar 2002

The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate. Held: In such cases the court must undertake a two stage examination. First it should look at the … Continue reading Home Office v Lownds (Practice Note): CA 21 Mar 2002

Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

Chan U Seek v Alvis Vehicles Ltd: ChD 8 Dec 2004

A newspaper, not party to the proceedings, sought access to the Court files, anticipating a significant journalistic story. Held: Park J allowed the application for copies of certain pleadings and witness statements that had been placed before the court at a hearing in public, even though the application was made after the case had settled. … Continue reading Chan U Seek v Alvis Vehicles Ltd: ChD 8 Dec 2004

Douherty v The Chief Constable of Essex Police: CA 30 Jan 2019

The appellant had been committed for contempt being said to have broken a gangs control order made under the 2009 Act. He had not been advised of his right to legal aid for representation. Green, Nicola Davies DBE LJJ [2019] EWCA Civ 55 Bailii Administration of Justice Act 1960 13, Policing and Crime Act 2009, … Continue reading Douherty v The Chief Constable of Essex Police: CA 30 Jan 2019

Hughes Jarvis Ltd v Searle and Another: CA 15 Jan 2019

The claimant and director appealed from orders associated with a finding of contempt of court. The Director, the case having been adjourned overnight during the course of his evidence, and despite warnings to the contrary had sought to communicate with his solicitors and counsel. He had then been remanded in custody overnight despite that that … Continue reading Hughes Jarvis Ltd v Searle and Another: CA 15 Jan 2019

In re L (A Child): CA 22 Mar 2016

U appealed from conviction and sentence of six months for contempt of court. The court used its inherent jurisdictionVos LJ said: ‘The process of committal for contempt is a highly technical one as this case shows. But it is highly technical for a very good reason, namely the importance of protecting the rights of those … Continue reading In re L (A Child): CA 22 Mar 2016

VIS Trading Co Ltd v Nazarov and Others: QBD 18 Nov 2015

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

Fosh v Cardiff University: CA 3 Feb 2009

Oral application for permission to appeal. Leave Refused. No error of law was identified. The judge refusing leave had warned the claimant as to the possibility of a costs order if she persisted. Wall LJ [2009] EWCA Civ 38 Bailii Civil Procedure Rules 852 England and Wales Citing: Cited – Fosh v Cardiff University EAT … Continue reading Fosh v Cardiff University: CA 3 Feb 2009

Interflora Inc and Another v Marks and Spencer Plc and Another: ChD 15 Apr 2013

The defendant objected to the introduction of certain evidence by the claimant under a Civil Evidence Act notice. Claimants seeking to adduce academic journals as expert evidence Arnold J [2013] EWHC 936 (Ch), [2013] WLR(D) 183 Bailii, WLRD Civil Procedure Rules 35 England and Wales Citing: See Also – Interflora Inc and Another v Marks … Continue reading Interflora Inc and Another v Marks and Spencer Plc and Another: ChD 15 Apr 2013

Ullah and Others, Ahmed v Pagel, Scallan, Kennedy: CA 12 Dec 2002

The claimants sought to issue election petitions to challenge the results of local elections. The petitioners had complied with all the rules save that they had failed to serve the notice of presentation within the five day period. The claimants argued that the Civil Procedure Rules took sway over the Election Rules, and that the … Continue reading Ullah and Others, Ahmed v Pagel, Scallan, Kennedy: CA 12 Dec 2002

Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty (SHAC): QBD 15 Mar 2007

The claimant company was licensed to carry out scientific research, including research on live animals. The defendant association and its members opposed such work as cruel. The claimant had obtained an injunction to restrain the defendants harrassing protests. They now sought additional orders to protect staff members. Held: The order had provided a structure within … Continue reading Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty (SHAC): QBD 15 Mar 2007

RWE Npower Plc and others v Carrol (acting for and on behalf of the unincorporated association identified as “The Sandles House Group” etc): QBD 27 Apr 2007

The claimant sought relief against protesters challenging its proposal for disposal of ash from its coal fired power station in gravel pits local to the defendants. Teare J [2007] EWHC 947 (QB) Bailii Civil Procedure Rules 19.6 England and Wales Cited by: Cited – Boyle, Regina (On the Application of) v Haverhill Pub Watch and … Continue reading RWE Npower Plc and others v Carrol (acting for and on behalf of the unincorporated association identified as “The Sandles House Group” etc): QBD 27 Apr 2007

O’Farrell v O’Farrell: QBD 1 Feb 2012

Applications were made for the enforcement of order obtained in Germany in family proceedings between the parties. Held: The court re-emphasised the duty on those seeking ex parte orders to give notice, informal if necessary, to the other party and to comply with the Civil Procedure Rules Tugendhat J [2012] EWHC 123 (QB) Bailii England … Continue reading O’Farrell v O’Farrell: QBD 1 Feb 2012

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

Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

London Borough of Tower Hamlets v Merrick and Thames Magistrates’ Court: Admn 17 Oct 2001

The authority requested a liability order for rates arrears over several years. On appeal, it was held that there was nothing in the regulations to a liability order to be restricted to one year. That a demand had to be served for each year did not require separate proceedings. Convenience and the minimising of costs … Continue reading London Borough of Tower Hamlets v Merrick and Thames Magistrates’ Court: Admn 17 Oct 2001

Arsenal Football Club plc and Others v Elte Sports Distribution Ltd: ChD 10 Dec 2002

The claimant alleged that the respondent had unlawfully made use of photographs of its footballers in a calendar. The respondent asked the court to strike out the claim as merely speculative, and the claimant sought pre-action disclosure. Held: The intention of Parliament had been to restrict the people who were able to pursue a claim … Continue reading Arsenal Football Club plc and Others v Elte Sports Distribution Ltd: ChD 10 Dec 2002

Chellaram and Another v Chellaram and others (No 2): ChD 16 Apr 2002

One of the defendants had not been properly served by posting the proceedings to an address at which he stayed on his very occasional visits to London. The proceedings had not been issued for the purposes of service abroad, because at the time of deemed service under CPR 6 he was not physically within the … Continue reading Chellaram and Another v Chellaram and others (No 2): ChD 16 Apr 2002

Harb v HRH Prince Abdul Aziz: ChD 9 Jun 2014

The Defendant applies under CPR 11.1 for an order declaring that the court has no jurisdiction to try this claim against him on the grounds that the claim is barred by the defence of state immunity under the State Immunity Act 1978. Rose J [2014] EWHC 1807 (Ch), [2014] 1 WLR 4437, [2015] 1 All … Continue reading Harb v HRH Prince Abdul Aziz: ChD 9 Jun 2014

Lloyd v Google LLC: SC 10 Nov 2021

No damages for Loss of Control of Data The respondent has issued a claim alleging that the appellant (‘Google’) has breached its duties as a data controller under the DPA to over 4m Apple iPhone users during a period of some months in 2011- 2012, when Google was able to collect and use their browser … Continue reading Lloyd v Google LLC: SC 10 Nov 2021