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
Citations: Unreported, 15 March 2002 Jurisdiction: England and Wales Cited by: Cited – Sisu Capital Fund Ltd and others v Tucker and others 28-Oct-2005 The Defendants were accountants who had been sued through their partnership in KPMG. They had been granted a order for their costs. They sought payment for the time they had spent … Continue reading Amec Process and Energy Ltd v Stork Engineers and Contractors Bv (A Company Registered In the Netherlands) (No 3): 15 Mar 2002
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
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
‘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
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 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
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 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 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
ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013
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 defendant sought permission to bring contempt proceedings against former directors of the claimant company, saying that by means of false evidence they had secured an arbitration verdict. Held: A reckless disregard for the truth or falsity of a statement made and attested by a statement of truth but false was capable of supporting a … Continue reading Berry Piling Systems Ltd v Sheer Projects Ltd: TCC 28 Feb 2013
‘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 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
Once a legal aid certificate is revoked the party is deemed by statute never to have had the benefit of a legal aid certificate. The rules relating to assessment of costs which applied when a party had legal aid did not therefore apply. An order however which has once been made cannot be varied subsequently … Continue reading Deg-Deutsche Investitions Und Entwicklungsgesellschaft Mbh v Koshy and Others: ChD 13 Jan 2000
The court considered the institution of proceedings for contempt of court based upon an allegation that a document filed in court proceedings and supported by a statement of truth was false. In this case the defendant argued that the first claimant had grossly exaggerated his injuries. The second claimant had come to admit the falsity … Continue reading Nield and Another v Loveday and Another: Admn 13 Jul 2011
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 claimant estate agents appealed dismissal of their claim for commission. The owners were splitting up, and there was to begin with no clear instruction to market the property. Later the property was sold privately, but to a buyer introduced by the claimant to Mrs Voyce. The agent asked the court to go beyond its … Continue reading Day Morris Associates v Voyce and Another: CA 26 Feb 2003
The claimant had begun its action complaining of infringement of unregistered design right in the High Court. The defendant applied to have the case heard in the Patents County Court. Held: The current practice, under which such a decision was made by the transferring court was the correct one, and was within the Civil Procedure … Continue reading DKH Retail Ltd v Republic (Retail) Ltd: ChD 3 Apr 2012
The respondent sought to appeal. The claimant requested the court to order that as a pre-condition of being allowed to appeal, the respondent should pay into court, or give adequate security for, the costs awarded at first instance, even though there was no evidence that a vigorously followed enforcement would not succeed if the appeal … Continue reading Bell Electric Ltd v Aweco Appliance Systems Gmbh and Co Kg (1501): CA 31 Oct 2002
The defendants appealed against an order for pre-action disclosure. Judges: Tuckey LJ, Jacob LJ, Moore-Bick LJ Citations: [2007] EWCA Civ 50 Links: Bailii Statutes: Civil Procedure Rules 31.16 Jurisdiction: England and Wales Litigation Practice Updated: 22 October 2022; Ref: scu.248323
Football organisations applied to be joined to a case being remitted to the European Court for the purpose of giving their views on the questions raised. The European Court practice only allowed for states to act as interveners. The court had already recognised the significance of the question to be referred as to the licensing … Continue reading Football Association Premier League Ltd and Others v QC Leisure (A Trading Name) and Others: ChD 13 Nov 2008
The landowner disposed of liquid waste into oil bearing strata via a deep borehole. At that depth, it would not mix with what was being extracted elsewhere. Held: The judge had been correct to refuse a declaration as to the lawfulness. Judges: Simon Brown, Mummery, Scott Baker LJJ Citations: Times 02-Jan-2004, [2003] EWCA Civ 1795 … Continue reading Blackland Park Exploration Ltd v Environment Agency: CA 15 Dec 2003
The debtor’s wife was personally acquainted with counsel for the petitioner in his bankruptcy examination. He sought that it be set aside. Held: Whereas a judge had a duty to be independent of the parties, no such duty fell on counsel. A court might disqualify counsel where there was a complaint as to use, or … Continue reading Skjevesland v Geveran Trading Co Ltd: CA 30 Oct 2002
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
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
The respondent declined to produce information held about the claimant saying that it was not held within a filing system so as to bring it within the Act. Held: ‘the legislature has taken a policy decision not to bring unstructured files within the general scope of the Directive. ‘ Judges: Laddie, The Hon Mr Justice … Continue reading Smith v Lloyds TSB Bank Plc: ChD 23 Feb 2005
The claimant had been awarded costs, and sought to charge her time as a solicitor. Held: The claimant had only a limited practicing certificate, which would allow her to work for others only without charge. She could not for these proceedings charge on the basis on which she would not be allowed to practise. Judges: … Continue reading Boyd and Hutchinson v Joseph: ChD 14 Mar 2003
The parties had litigated the validity of a patent. Judges: Lord Neuberger MR, Aikens, Lewison LJJ Citations: [2011] EWCA Civ 1288 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Baird v Moule’s Patent Earth Closet Co Ltd CA 3-Feb-1876 Where a patentee sues for infringement and then discontinues his claim against the alleged infringer … Continue reading Fresenius Kabi Deutschland Gmbh and Others v Carefusion 303 Inc: CA 8 Nov 2011
Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003
Addition of new party after expiry of limitation period. Citations: [2004] EWCA Civ 1551 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Civil Procedure Rules, Limitation Updated: 19 September 2022; Ref: scu.219893
(From the Court of Appeal of the Republic of Trinidad and Tobago) The consequences which a court in Trinidad and Tobago operating under the Civil Procedure Rules in that jurisdiction may impose where a party fails to file a written skeleton argument in proper time in accordance with case management directions set by the court. … Continue reading Crick and Another v Brown: PC 30 Nov 2020
The defendant company sought to appear by a lay representative in a small claims track case in a county court. The court did not allow that, and the only representative was a director with limited English. The company appealed. Held: The normal rule as to representation of companies did not apply in cases allocated in … Continue reading Sunrule Ltd v Avinue Ltd: CA 26 Nov 2003
The appellant sought to appeal a striking out of her complaint of race discrimination. She appealed from the Employment Appeal Tribunal which had rejected her appeal in its preliminary hearing procedure. Held: The Court of Appeal had the power to return a case to the full Employment Appeal Tribunal so that it could hear and … Continue reading Sukui-Lennard v Croydon Primary Healthcare Trust: CA 22 Jul 2003
A rule which deemed service on an asylum applicant two days after postage of a special adjudicator’s determination irrespective of whether it was in fact received was outside the powers given to the Secretary, and is of no effect. The Act gave power to make rules, but the receipt of the determination was fundamental to … Continue reading Saleem v Secretary of State for Home Department: CA 13 Jun 2000
The claimant had cohabited with the deceased. After his death, she applied for a grant of letters of administration in his estate, but this was rejected on the basis that she had no sufficient interest to make a claim to probate. The deceased had died but shortly after his divorce the defendants said that he … Continue reading O’Brien v Seagrave and Another: ChD 23 Mar 2007
The claimant had obtained an anonymity order ex parte on commencing the proceedings. The defendant now objected. Held: The order that the Claimant be dispensed from giving her name and address on the claim form will be continued subject to conditions. Judges: Tugendhat J Citations: [2012] EWHC 1148 (QB) Links: Bailii Jurisdiction: England and Wales … Continue reading CVB v MGN Ltd: QBD 3 May 2012
After a substantial personal injury case, the parties now disputed who should bear the costs of the costs assessment which had itself lasted 8 days. Held: Though the defendant had indeed managed to achieve a reduction in its liability on costs, that reduction was modest and nothing like what it had set out to achieve. … Continue reading Bold v Urbisity Ltd: QBD 13 Oct 2010
The claimant sought substitution of a defendant under CPR 19.5 for mistake. Judges: Waller, Rix, Wilson LJJ Citations: [2010] EWCA Civ 927 Links: Bailii Statutes: Civil Procedure Rules 19.5 Jurisdiction: England and Wales Litigation Practice Updated: 22 August 2022; Ref: scu.421554
The parties had been involved in protracted litigation where a freezing order had been made to support a claim which was eventually dismissed. The claimant sought to have set aside an earlier order made ordering him to pay costs on failing to have the order discharged. Held: The order had been made under the former … Continue reading Deg-Deutsche Investitions – Undentwicklungs Gesellschaft Gmbh v Thomas Koshy: ChD 13 Dec 2004
Citations: [2003] EWCA Civ 950 Links: Bailii Statutes: Civil Procedure Rules 51 Jurisdiction: England and Wales Civil Procedure Rules Updated: 16 August 2022; Ref: scu.184608
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
The court considered what was to be discovered under Part 31.4.1 of CPR. Pumfrey J expressly approved the commentary in the White Book: ‘A computer database which forms part of the business records for company is, in so far as it contains information capable of being received and converted into readable form, a document for … Continue reading Marlton v Tectronix UK Holdings: ChD 10 Feb 2003
The court considered a contributory invalidity scheme: ‘today the general rule is that Article 6(1) does apply in the field of social insurance, including even welfare assistance . . State intervention is not sufficient to establish that Article 6(1) is inapplicable; other considerations argue in favour of the applicability of Article 6(1) in the instant … Continue reading Schuler-Zgraggen v Switzerland: ECHR 24 Jun 1993
The court considered how a Part 36 offer could be treated as accepted when it involved an agreement to transfer land, because the offer and its acceptance would not operate under the 1989 Act. Held: The agreement was enforceable. The Civil Procedure Rules, and the inherent jurisdiction of the court, allowed the creation of rights … Continue reading Orton v Collins and others: ChD 23 Apr 2007
Coulson J considered RSC Order 52 to decide whether he had jurisdiction to hear a complaint of contempt of court arising from statements filed in County Court proceedings and said to be false. Held: He did have jurisdiction: ‘At the outset of the trial, I raised with the parties my concern as to jurisdiction. This … Continue reading Walton v Kirk: QBD 3 Apr 2009
The council appealed against a decision that the crown court had jurisdiction to extend the time for appeal against refusal of a private hire vehicle licence. Held: The court did not have the jurisdiction it used: ‘The terms of the section 300 of the Public Health Act 1936 are, in my view clear. A fixed … Continue reading Stockton-On-Tees Borough Council v Latif: Admn 13 Feb 2009
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his opponent. The judge had refused to excise the details … Continue reading Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007
The court gave reasons for making an extended civil restraint order against the claimant. Judges: Popplewell J Citations: [2013] EWHC 3671 (QB) Links: Bailii Statutes: Civil Procedure Rules 3.11 Jurisdiction: England and Wales Litigation Practice Updated: 22 July 2022; Ref: scu.518369
If the court wishes to enable a party to appeal against a particular finding contained in the judgment, it may make a declaration embodying that finding. Citations: [2002] EWCA Civ 1142, [2003] 1 WLR 307, [2003] CP Rep 5 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Cited by: See Also – Compagnie … Continue reading Compagnie Noga D’Importation et D’Exportation Sa v Australia and New Zealand Banking Group Ltd. and others: CA 31 Jul 2002
The claimant sought specific performance of a contract for the sale of land. The purchase was under an option agreement. The option was exercisable on the grant of planning permission within a certain period, extensible in the case of an appeal. Held: The contract did not impose much by way of obligation on the buyer … Continue reading Chantry Estates (South East) Ltd v Anderson and Another: ChD 3 Oct 2008
Costs in a housing disrepair case: ‘The question which we have to consider arises where, on receipt of that notification, the landlord promptly carries out the repairs. If he does, that will remove from the tenant’s claim in the court action subsequently brought any application for specific performance of the repairing covenant, but will, very … Continue reading Birmingham City Council v Lee: CA 30 Jul 2008
The coroner investigating the death of Prncess Diana sought an order for the production by Channel 4 of documents and materials in its possession. Held: Whilst the order should be made, it must be recognised that the Civil Procedure Rules were designed for use within an adversarial context, and not within the context of the … Continue reading Assistant Deputy Coroner for Inner West London v Channel 4 Television Corporation: QBD 31 Oct 2007
PROCEDURE – hearing in public or private – VAT Tribunals Rules 1986 r 24(1) – assessment to recover allegedly over-claimed input tax – VATA 1994 ss 25, 26, VAT Regs 1995, reg 29, Sixth Directive art 18 – Human Rights Convention arts 6 and 8 – appellant a sole practitioner solicitor – application for hearing … Continue reading A Practitioner v Customs and Excise: VDT 12 Dec 2003
The defendant appealed awards against it of disturbance payments to the claimants under their contracts of employment. The claimants had produced documents at the last minute before the trial but it was arguable that since these documents were those of the defendants, they should heve been disclosed anyway. Held: The evidence, however badly introduced had … Continue reading Hayes and others v Transco Plc: CA 17 Sep 2003
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
Various parties had sought relief in the English courts and in Switzerland after an alleged fraud. There had been a mistake in service of the proceedings in England. The high court had dispensed with service an backdated the effect of the order to pre-date the Swiss proceedings. The court of appeal set aside the backdating … Continue reading Phillips and Another v Symes and others: HL 23 Jan 2008
The defendant sought a variation under Part 3.1(7) of an order setting aside an earlier judgment in default of defence, on terms requiring a substantial payment into court with which the defendant, who was a litigant in person, had not complied. Patten J discussed the jurisdiction under Part 3.1(7): ‘The Deputy Judge exercised a discretion … Continue reading Lloyds Investment (Scandinavia) Ltd v Ager-Hanssen: ChD 15 Jul 2003
Application, issued on 2.7.15, of the Applicant for pre-action disclosure under CPR r.31.16 Judges: Behrens HHJ Citations: [2016] EWHC 381 (QB) Links: Bailii Statutes: Civil Procedure Rules 31.16 Jurisdiction: England and Wales Civil Procedure Rules Updated: 12 July 2022; Ref: scu.562168
The claimants, a firm of accountants, sued their former clients for unpaid fees. The defendant company counterclaimed for professional negligence. The claimant had expended andpound;5.6m in costs. The claimants now sought a non-party costs order against former directors of the company, which had gone into administration. They said that the company’s counterclaim was built on … Continue reading Chantrey Vellacott v The Convergence Group Plc and others: ChD 31 Jul 2007
The Defendant had applied for summary judgment under CPR Part 24. One argument was a short point of construction. The Judge suggested the parties agree that he should decide the point as a preliminary issue. They were unwilling so he proceeded on the basis that he should apply the Part 24 test. He dismissed the … Continue reading ICI Chemicals and Polymers Ltd v TTE Training Ltd: CA 13 Jun 2007
The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009
To fulfil the requirement in CPR Part 16.2.1(a) ‘it is necessary at least to give some idea or indication of the duty which it is alleged the defendant has failed to perform.’ Judges: Cooke J Citations: [2007] EWHC 642 (Comm) Links: Bailii Statutes: Civil Procedure Rules 16.2.1.a Cited by: Cited – Berezovsky v Abramovich ComC … Continue reading Nomura International Plc v Granada Group Ltd and others: ComC 23 Mar 2007
Application to set aside order, that applicant saying that he had not been given notice of the proceedings. Citations: [2019] EWHC 889 (QB) Links: Bailii Statutes: Civil Procedure Rules 6.9 Jurisdiction: England and Wales Litigation Practice Updated: 10 July 2022; Ref: scu.638200
Application for disclosure against a non-party. Citations: [2006] EWHC 2756 (TCC) Links: Bailii Statutes: Supreme Court Act 1981 34, Civil Procedure Rules 1998 31.17 Litigation Practice, Civil Procedure Rules Updated: 08 July 2022; Ref: scu.246935
Action against animal rights protester for protection against alleged threats againt bio-medical research centre. Judges: Irwin J Citations: [2006] EWHC 2490 (QB) Links: Bailii Statutes: Civil Procedure Rules 19.6 Jurisdiction: England and Wales Cited by: Cited – Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others Admn 8-Oct-2009 The claimant had been … Continue reading Oxford University v Webb: QBD 13 Oct 2006
Objection was made to the use of an expert witness who had formerly been a senior employee of the defendant. Held: The court set out criteria for testing the independence of a proposed expert witness: ‘i) It is always desirable that an expert should have no actual or apparent interest in the outcome of the … Continue reading Armchair Passenger Transport Ltd v Helical Bar Plc and Another: QBD 28 Feb 2003
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
In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue orders were sought. Held: The court found the evidence given by the expert for the mother’s unconvincing. There … Continue reading A and D v B and E: FD 13 Jun 2003
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
Judges should be careful not to create judicial checklists which added a gloss to the civil procedure rules. The claimant’s action had been stayed automatically for not having progressed for a year. The judge applied the checklist in Annodeus to lift the stay. Held: The use of judicially created checklists would create a satellite body … Continue reading La Baguette Ltd and Others v Audergon: CA 23 Jan 2002
Citations: [2004] EWHC 358 (Ch), [2004] EWHC 3588 (Ch) Links: Bailii, Bailii Statutes: Civil Procedure Rules 19.10 Jurisdiction: England and Wales Litigation Practice Updated: 30 June 2022; Ref: scu.226164
The court considered an application for leave for a second appeal. Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an important point of principle or practice’ is to an important point of principle or practice that … Continue reading Uphill v BRB (Residuary) Ltd: CA 3 Feb 2005
Parties appealed from decisions of the Trade Marks Registry, and requested leave to introduce new evidence. Held: It was not agreed what rules applied on appeals under the 1938 Act. The Trade Mark system had public interest effects as well as private law. The rules governing appeals were therefore different from other regimes. The courts … Continue reading E I Du Pont de Nemours and Co v S T Dupont (1): ChD 31 Oct 2002
This appeal concerns (1) the principle by which a party to a contract, in this case a tenant under a lease of commercial premises, may recover from the other party a sum paid by him that has been lost as a result of that party’s breach, and (2) the requirement under the Civil Procedure Rules … Continue reading Grange v Quinn: CA 29 Jan 2013
The defendant sought to set aside a possession order made where he did not know of the proceedings. Held: The judge had a discretion, not a duty, to set aside a possession order made in such circumstances. Human rights law required the court to allow a defendant a right to be heard, but if on … Continue reading Akram v Adam: CA 30 Nov 2004
The parties had been involved in a bitter and protracted boundary dispute. The judge had found a minimal encroachment, and awarded nominal damages. He had made an error in the order. At an appeal counsel was given leave to apply to amend the oder under the slip rule (r40.12). Held: The amendment was not the … Continue reading Markos v Goodfellow and others: CA 30 Nov 2001
A party could be present in court in the person of his legal representative. Despite the new rules, the court should be reluctant to strike out a claim for the absence of a party in person, where his personal presence was irrelevant or most unlikely to be of significant assistance. Judges: Justice Gross Citations: Times … Continue reading Rouse v Freeman: QBD 30 Nov 2001
The barge had become holed when run aground and then repaired. The repair was faulty, and it sank. The insurers rejected the claim saying that the owners had failed to disclose a report showing areas of thinning of the hull. The underwriters sought to be joined as defendants after judgment. Held: It was argued that … Continue reading Humber Work Boats Ltd v ‘Selby Paradigm’, Owners of Mv and others: AdCt 23 Jul 2004
The claimant had in the course of proceedings obtained an order requiring an employee of the third party to attend as a witness. That third party now sought to be joined so as to claim its costs. Held: The Act and the rules allowed the court to make an order for costs against a party … Continue reading Individual Homes Ltd v Macbream Investments Ltd: ChD 23 Oct 2002
A renewed application for leave to appeal was made as regards a valuation element of the judgment. New expert evidence was sought to be admitted. Held: Leave was refused: ‘the Court of Appeal should be particularly cautious where what is intended is to put in, in effect, further cross-examination of a witness, including an expert, … Continue reading Riyad Bank and others v Ahli United Bank (Uk) Plc: CA 23 Nov 2005
Citations: [2001] EWCA Civ 134, (2001) 33 HLR 70, [2001] CP Rep 70 Links: Bailii Statutes: Access to Justice Act 1999 54, Civil Procedure Rules 52 Jurisdiction: England and Wales Housing, Litigation Practice Updated: 18 June 2022; Ref: scu.217917
The court considered whether there had been effective service of proceedings on defendants in Turkey. Evidence was given as to the effectiveness of such service in Turkish law. Held: The defendant’s application to set aside the judgment in default succeeded. The claimant’s applications in respect of CPR 3.10 and CPR 6.9 were refused. The Civil … Continue reading Basil Shiblaq v Kahraman Sadikoglu (No 2): ComC 30 Jul 2004
The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time. Held: Proceedings under the 1954 Act were not within the proceedings listed by CPR 19.5 since the … Continue reading Parsons and Another v George and Another: CA 13 Jul 2004
The defendant had made a payment into court. She then applied to reduce the amount paid in, but the claimant accepted the original sum before that application was heard. The defendant appealed saying that their application operated as a stay. Held: The rules did not spell out the answer. The defendant could have made an … Continue reading Flynn v Scougall: CA 13 Jul 2004
The court considered the issue of the use of a strike out as a sanction for non-compliance with a court order. Held: The approach of the court in a case considering relief for sanctions – exemplified by RC Residuals v Linton Fuel was bound to be different from that in Arrow Nominees v Blackledge, as … Continue reading Stolzenberg and others v CIBC Mellon Trust Co Ltd and others: CA 30 Jun 2004