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
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
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
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
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 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
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
The second defendant sought permission to read a statement in open court. In the claim, the claimant sought an injunction to restrain the first defendant from seeking to publish details of an extra marital affair with the second defendant. In the course of several hearings, statements had been made about her, and she wished to … Continue reading CTB v News Group Newspapers Ltd and Another: QBD 25 Nov 2011
Trial of a claim issued under Part 8 of the Civil Procedure Rules in which the Claimant seeks sums alleged to be due under a contract of indemnity or damages for breach of that contract along with declarations as to its entitlement. Judges: Philip Marshall QC (Sitting as a Deputy Judge of the High Court) … Continue reading Euler Hermes Sa v Mackays Stores Group Ltd: ComC 25 Jul 2022
Judges: Tugendhat J Citations: [2010] EWHC 597 (QB) Links: Bailii Statutes: Civil Procedure Rules 36.14(3)(b) Litigation Practice Updated: 16 August 2022; Ref: scu.406529
The claimant had served proceedings on a representative without first checking that they had authority to accept service. This was discovered too late, and applied for an extension of time for service. The application was refused. The requirement to ensure that the person served had such authority was now clear, and the claim form must … Continue reading Mark Smith v David Probyn, PGA European Tour Ltd: QBD 25 Feb 2000
The defendant appealed against the admission of evidence on the respondent’s application for a football bannng order. A witness statement was based on intelligence reports which meant that the witness could not be effectively examined by he defence. Held: The magistrates should have proceeded by admitting the evidence, and an appeal court would have been … Continue reading Newman v Commissioner of the Police of the Metropolis: Admn 25 Mar 2009
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act. Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely … Continue reading Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004
Various parties appealed refusal and grant of extensions of time for service of claim forms. Held: The court gave detailed guidance. The three central issues were the proper construction of the rule, the question of whether the court could reconsider an application made without notice and on paper, and whether the Hashtroodi guidance was being … Continue reading Collier v Williams and others: CA 25 Jan 2006
Officers of the claimant had been found to have defrauded the plaintiff of many millions of pounds. Money had been paid through the defendant, a Swiss bank, and a garnishee order was sought. There was no presumption that, merely because a debt was a foreign debt, garnishee relief should be refused. The real issue was … Continue reading Kuwait Oil Tanker Company S A K Sitka Shipping Incorporated v UBS Ag: CA 25 Jan 2002
Appeal from refusal of total disallowance of costs on assessment after very long delay. Judges: Warren J Citations: [2005] EWHC 1643 (Ch), [2005] 4 Costs LR 688 Links: Bailii Statutes: Civil Procedure Rules 44.14 47 Jurisdiction: England and Wales Costs Updated: 01 July 2022; Ref: scu.229013
The pension scheme trustees had obtained leave to issue proceedings to compromise a claim without naming any defendants under the rules. The beneficiaries sought leave to be joined. Held: The urgency of the situation now required the proceedings to be allowed to go ahead without delay, but it would have been better for the trustees … Continue reading Owens Corning Fiberglas (UK) Pension Plan Ltd: ChD 25 Jun 2002
A defendant sought relief from sanctions for failing to comply with the requirements of an unless order. ‘The application raises the question of the extent to which the Court will grant such relief when a party has failed to comply with a consent order so that the sanction for failure to comply has been imposed … Continue reading Chiu and Others v Waitrose Ltd and Others: TCC 25 May 2011
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
Application to amend order under slip rule. Citations: [2001] EWCA Civ 1306 Links: Bailii Jurisdiction: England and Wales Citing: See Also – 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 … Continue reading Gwembe Valley Development Company Ltd v Koshy and Another: CA 25 Jul 2001
Letters of request. The claimants brought an action for fraudulent misrepresentation. The documents disclosed by the defendants indicated there had been criminal conduct including bribery of the Azeri authorities. The Director of the SFO served notices under section 2 of the CJA 1987 requiring both parties to produce the relevant documents to the SFO. The … Continue reading Marlwood Commercial Inc v Kozeny: CA 25 Jun 2004
The word ‘private’ in rule 39.2 means the same as ‘secret’. Lord Justice Mance said: ‘It may be equated with the old ‘in camera’ procedure, rather than the old ‘in chambers’ procedure.’ Privacy and confidentiality are features long assumed to be implicit in parties’ choice to arbitrate in England. Judges: Mance VC, Carnwath, Mance LJJ … Continue reading Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another: CA 25 Mar 2004
The claimant had applied for and been granted its costs certificate by default. The respondent claimed it had sent its point of issue notice in time. The council now applied under the rule for the court itself to re-open the decision to allow the objections to be made. The High Court acceded to the request. … Continue reading Seray-Wurie v Hackney London Borough Council: CA 25 Jun 2002
ECFI 1 Far from enjoying the same rights to a fair hearing as those which individuals against whom a procedure has been instituted are recognised as having, concerned parties, within the meaning of Article 93(2) of the Treaty, have only the right to be involved in the administrative procedure to the extent appropriate in the … Continue reading British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998
The Civil Procedure Rules have allowed the Courts to accept an amendment to introduce a cause of action arising out of facts occurring subsequent to the commencement of the proceedings. There is no absolute rule of law or practice which precludes an amendment to rely on a cause of action which accrued only after the … Continue reading Maridive and Oil Services (SAE) and Another v CNA Insurance Company (Europe) Ltd: CA 25 Mar 2002
The claim form had been issued only just before the limitation period expired. Under the rules it would have been deemed to have been served on a Sunday, the day before the expiry of the period, but evidence suggested it was not received until after the expiration of the period. The defendant argued there was … Continue reading Rhiannon Anderton v Clwyd County Council (2): QBD 25 Jul 2001
The claimants sought declarations as to the ownership of copyrights to music fom Cuba. Many witnesses would be required to give evidence from Cuba. Attempts to take evidence by video link from Cuba had failed. It was suggested that the judge might travel to Cuba to take evidence as necessary, even though the claimant did … Continue reading Peer International Corp and others v Termidor Music Publishers Ltd and Another: ChD 25 May 2005
Judges: Lord Justice Jackson Citations: [2014] EWCA Civ 192 Links: Bailii Statutes: Civil Procedure Rules 52.9A Jurisdiction: England and Wales Immigration, Costs Updated: 20 May 2022; Ref: scu.521624
When a claimant commenced litigating several issues, but succeeded only on some of the them, the rule allowing an award of costs to the generally successful party was not dependent upon questions of whether the party was reasonable to have raised them. The reasonableness of pursuing a point was not necessarily relevant. The sub-paragraph was … Continue reading Stocznia Gdanska SA v Latvian Shipping Company and Others: ComC 25 May 2001
The claimant had been made bankrupt, and when she sued the defendant, was challenged as to her standing. She obtained an assignment of the right of action from her trustee in bankruptcy. She then sought to amend her pleadings under the rule. It was held that ‘capacity’ in this context required some alteration from one … Continue reading Haq v Singh and Another: CA 25 May 2001
The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house for legal costs. Despite being exonerated, the judge followed the normal practice of not awarding costs … Continue reading In re T (Children): SC 25 Jul 2012
CS CPR 24.2(a)(i) – Summary judgment against Part 20 Claimant – Whether no real prospect of success Indemnity – Indemnity against loss etc suffered by reason of indemnifier’s breach of contract – Date of accrual of cause of action – Breaches giving rise to claims by third parties – Whether cause of action accrues when … Continue reading The Mayor and Commonalty and Citizens Of The City Of London v Reeve and Company Ltd, G Lawrence Wholesale Meat Company Ltd, Citigen (London) Ltd: TCC 25 Feb 2000
An application was made to substitute one defendant in an action for an existing one. Under the old rules, the applicant would have to have shown both that the substitution arose from a genuine mistake and also that the new defendant had not been prejudiced. The new rules stated no such requirements, but the court … Continue reading International Distillers and Vintners Ltd v J F Hillebrand (UK) Ltd and Others: QBD 25 Jan 2000
Section 114 of the 1925 Act has no application to Registered Land. It provides for a transfer ‘unless a contrary intention is expressed’ in the mortgage. Thus if section 114 applies, all depends upon the true construction of the mortgage. The power under the Civil Procedure Rules to revoke an earlier order included a power … Continue reading Paragon Finance Plc (Formerly the National Home Loans Corporation Plc) v Pender and Pender: ChD 25 Nov 2003
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
The defendant had failed to comply in all respects with an ‘unless’ order. Held: The court gave relief under CPR 3.9 for two failures which the court described as ‘material in the sense that they were more than trivial’. They were ‘unintentional and minor failings in the course of diligently seeking to comply with the … Continue reading Wyche v Careforce Group Plc: ComC 25 Jul 2013
The defendant company appealed against an order re-instating the claimants’ claims for damages for race discrimination and victimisation after they had been struck out for wilful disobedience of the tribunal’s orders. Held: When making a strike-out order, there were two cardinal conditions at least one of which must be met. Either the unreasonable conduct has … Continue reading Blockbuster Entertainment Ltd v James: CA 25 May 2006
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
A payment in had been made, and a counter offer made by the claimant. The original offer was increased but rejected. The counter-offer was not withdrawn, and was then accepted by the defendant. On receipt of the acceptance, the claimant purported to withdraw the counter offer. The judge had held that since the offer had … Continue reading Gibbon v Manchester City Council, L G Blower Specialist Bricklayer Ltd, Reeves and another: CA 25 Jun 2010
The House asked when a decision, on the facts, of a first instance court is so wrong as to allow it to be overturned on appeal. Held: The epithet ‘wrong’ is to be applied to the substance of the decision made by the lower court. ‘Certainly it would not be useful to inquire whether different … Continue reading G v G (Minors: Custody Appeal): HL 25 Apr 1985
The claimants said that agents of the defendant had unlawfully accessed their mobile phone systems. The court was now asked whether the agent (M) could rely on the privilege against self incrimination, and otherwise as to the progress of the case. The claimant asserted that their claim was an intellectual property claim, allowing section 72 … Continue reading Gray v News Group Newspapers Ltd and Another; Coogan v Same: ChD 25 Feb 2011
The applicant sought judicial review of the defendant’s refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory.
Held: The . .
The claimant had been involved in patent infringement proceedings. Papers had been disclosed to them under confidentiality conditions imposed by the judge. In these subsequent proceedings, they sought leave to use the material.
Held: An order . .
The claimants appealed against summary judgment striking out their claim against the first defendant firm of solicitors, on the basis that they had no real prospect of establishing that another defendant was or had held himself out to be a partner . .
Commercial interactions with foreign states are governed by the State Immunity Act 1978 (‘SIA’). This appeal raises questions about how to enforce an arbitral award (the ‘Award’) against a foreign state within this framework, namely whether: 1. the . .
Judges: Mr Justice Fancourt Citations: [2020] EWHC 3934 (Ch) Links: Bailii Statutes: Civil Procedure Rules 25.13, Companies Act 2006 996 Jurisdiction: England and Wales Costs, Company Updated: 12 November 2022; Ref: scu.682729
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 claimant challenged an order requiring him to give security for costs before proceeding. The judge had felt he was unreasonable in the way he was pursuing his claim. He appealed saying the order was made outside the scope of Part 25. Held: The rules now allowed orders akin to orders for security for costs … Continue reading Olakunle O Olatawura v Alexander O Abiloye: CA 17 Jul 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
Defendant’s application for security for costs Judges: Moulder J Citations: [2019] EWHC 325 (Comm) Links: Bailii Statutes: Civil Procedure Rules 25.12 Jurisdiction: England and Wales Costs Updated: 23 August 2022; Ref: scu.634043
Judges: The Hon Mr Justice Lightman Citations: [2003] EWHC 103 (Ch) Links: Bailii Statutes: Civil Procedure Rules 25.1(1)(l) Jurisdiction: England and Wales Civil Procedure Rules Updated: 04 July 2022; Ref: scu.179020
The taxpayer sought to challenge in Europe the ruling by the respondents that the mobile phones they supplied did not meet the criteria to be zero-rated for VAT. A decision would be unlikely before 2006. They sought judicial review now of the refusal of the commissioners to make an interim payment. Held: There exists in … Continue reading Regina on the Application of Teleos Plc and others v Commissioners of Customs and Excise: CA 2 Mar 2005
The claimant sought his profit share from a partnership. The defendant complained that the claimant had for some time put his assets beyond reach, and obtained an order for security for costs. The claimant now appealed. Held: The appeal failed. It was not necessary for a defendant in such an action to show that the … Continue reading Harris v Wallis: ChD 10 Mar 2006
The claimant, a foreign resident, alleged that her jewels had been stolen from a deposit box while in possession of the defendants. The defendants sought security for costs. Held: An order for security may not legitimately be based on the bare fact of residence abroad, which would amount in most cases to discrimination on grounds … Continue reading Nasser v United Bank of Kuwait: CA 11 Apr 2001
Where the court concludes that it may be effectively impossible to enforce an order for payment of costs, then this situation would provide ‘an objective justification for the court exercising its discretion to make an order for payment of the full amount of the costs likely to be ordered against a claimant if unsuccessful in … Continue reading Texuna International Ltd v Cairn Energy Plc: ComC 17 May 2004
The company provided trading services in financial futures. They became concerned as to the integrity of their client, and its relationship with shareholders and other companies where parties came to be arrested for fraud in the US. They sought a declaration that funds they had received were not the proceeds of criminal conduct. Held: The … Continue reading Amalgamated Metal Trading Ltd v City of London Police Financial Investigation Unit and others: ComC 3 Apr 2003
The company sought repayment of some 8 million pounds overpaid VAT from the Commissioners. That claim was yet to be determined, but the company sough an order for interim payments, on the basis that it could repay if necessary. Held: Whilst such an order might be made, it would require exceptional circumstances. The claim was … Continue reading Capital One Developments Ltd v Commissioners of Customs and Excise: ChD 4 Feb 2002
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
Claimant may be ordered to disclose funder The claimant alleged the misselling of interest rate sawp agreements by the defendant to his companies, leading to losses of andpound;700 million. The defendant now applied for disclosure of the identity of any third party funding the claimant’s litigation, and if appropriate the associated costs order. Held: RBS … Continue reading Wall v The Royal Bank of Scotland Plc: ComC 7 Oct 2016
The claimant alleged a breach of a share sale agreement, and sought information in advance of discovery. Held: The court’s power to order information to be provided in anticipation of discovery was not to be used as a fishing expedition. The Gidrxsime case did not establish a free standing right to order disclosure. There must … Continue reading Parker v C S Structured Credit Fund Ltd and another: ChD 12 Feb 2003
The defendant appealed against an order that it provide security for the claimant’s costs which led to the stay of the defendant’s counterclaim. Morgan J [2013] EWHC 686 (Ch) Bailii Civil Procedure Rules 25.12 20.3 England and Wales Litigation Practice Updated: 20 January 2022; Ref: scu.472044
Interim payment of damages – order against two of four defendants – whether test for interim payment met. Peter Jackson, Stuart-Smith, Elisabeth Laing LJJ [2021] EWCA Civ 1408, [2021] WLR(D) 499 Bailii, WLRD, Judiciary Civil Procedure Rules 25.7(1)(c)(e) England and Wales Damages Updated: 29 December 2021; Ref: scu.668329
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
Application by the claimant for an order that the court makes a search, electronic imaging and provision of information order against the defendants, pursuant to section 7 of the Civil Procedure Act 1997, CPR 25.1 (1)(h) and/or section 37 of the . .
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
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
(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
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
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
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
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
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
Judges: Mr Justice Beatson Citations: [2009] EWHC 1333 (Comm) Links: Bailii Statutes: Civil Procedure Rules 24.6 25.7 Jurisdiction: England and Wales Litigation Practice Updated: 26 November 2022; Ref: scu.347024
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 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
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
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
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
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
‘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
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
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 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
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
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
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
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 sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity. Held: The defence of qualified privilege should be restored, and be decided at trial, and not summarily. Judges: Brooke LJ, Tuckey LJ, Arden LJ … Continue reading Armstrong v Times Newspapers Ltd and David Walsh, Alan English: CA 29 Jul 2005
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
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
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009
Interlocutory Hearing re the filing of part of Form 8, Counterstatement and exhibits by way of email Result Incomplete documents filed in defence of registration by email: Appeal allowed. Registered Proprietor allowed to defend its registration Points Of Interest The filing of documents by email is allowed Summary An application for revocation of the mark … Continue reading Storm (Trade Mark: Revocation): IPO 4 Jul 2007
The defendant had settled the claim for damages for personal injury. His payment in had been rejected, but the claimant won a smaller sum at trial. He now argued that the claimant should not receive the full 100% costs uplift provided. Held: The defendant’s appeal was dismissed. ‘Section III of Part 45 contains a carefully … Continue reading Lamont v Burton: CA 9 May 2007
EAT PRACTICE AND PROCEDURE – Contribution PRACTICE AND PROCEDURE – Disclosure (1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability (Contribution) Act 1978 between persons jointly or concurrently liable for damage caused by an act of unlawful discrimination. Nor in any event does the 1978 Act create such … Continue reading Sunderland City Council v Brennan and Others: EAT 2 May 2012
The defendant appealed against a refusal to strike out the claim which was to seek to enforce a judgment obtained in Kiev and in the Ukraine Supreme Court. Held: It had been a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment. A court in England had … Continue reading Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012
The applicant trustee in bankruptcy sought an extended civil restraint order against the respondents, saying that they had made unmeritorious claims in the proceedings. Held: The rules required there to be shown that person had ‘persistently issued claims or made applications which are totally without merit’. The court must respond to such behaviour in a … Continue reading Courtman v Ludlam and Another; In re Ludlam (Bankrupts): ChD 6 Aug 2009
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority. Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. Citations: [2010] EWHC 508 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Nagle v Fielden CA 1966 The applicant, a … Continue reading McKeown v British Horseracing Authority: QBD 12 Mar 2010
The claimants sought unpaid royalties. The defendants sought to have the claim struck out as an abuse of process. Held: Such interlocutory applications alleging abuse of process should now be dealt with on the same footing as other applications for summary relief. The court had to be able to say with a high degree of … Continue reading Barrett v Universal-Island Records Ltd and Another: ChD 28 Mar 2003
