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

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

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

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

Stallwood v David and Another: QBD 25 Oct 2006

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

Aird and Another v Prime Meridian Ltd: CA 21 Dec 2006

The court had ordered preparation of a joint statement by the parties expert witnesses with a view to encouraging mediation. The claimant obtained an order that the statement was privileged, and could not be used later in the proceedings. Held: The defendant’s appeal succeeded. Though ‘with some exceptions not relevant to this appeal’, what goes … Continue reading Aird and Another v Prime Meridian Ltd: CA 21 Dec 2006

Morris v Bank of India: ChD 15 Jan 2001

The court applied a wide interpretation of the word ‘instructions’ where the Rules exempted such instruction to experts preparing a report. Judges: Hart J Citations: Unreported, 15-Jan-2001 Statutes: Civil Procedure Rules 35.10 Jurisdiction: England and Wales Cited by: Doubted – Lucas v Barking, Havering and Redbridge Hospitals NHS Trust CA 23-Jul-2003 The claimant appealed an … Continue reading Morris v Bank of India: ChD 15 Jan 2001

‘Bow Spring’, Owners of Ship v ‘Manzanillo Ii’, Owners of Ship: CA 28 Jul 2004

There had been a collision at sea. Held: (Addendum) Where the admiralty court sought advice from assessors, modern good practice required that the advice should be disclosed to the parties advisers and that they have opportunity to comment. Nautical assessors are experts within the Rules. The practice set out in the Hannibal did not fulfil … Continue reading ‘Bow Spring’, Owners of Ship v ‘Manzanillo Ii’, Owners of Ship: CA 28 Jul 2004

Hubbard and Others v Lambeth Southwark and Lewisham Health Authority and Others: CA 7 Sep 2001

In a medical negligence case, the court ordered a pre-trial private meeting between the expert witnesses for the claimant and defendant. The claimant objected, fearing that pressure would be brought on his professional witness by his colleagues, thus denying him a fair trial under article 6. Held: The aim of the experts’ meeting was to … Continue reading Hubbard and Others v Lambeth Southwark and Lewisham Health Authority and Others: CA 7 Sep 2001

Taylor v Bolton Heath Health Authority: QBD 14 Jan 2000

The court construed narrowly the term ‘instructions’ within the rules where they exempted document forming part of the instructions to an expert to prepare a report for the litigation from disclosure. The word meant ‘what an expert was told to do’. Judges: Moreland J Citations: Unreported, 14-Jan-2000 Statutes: Civil Procedure Rules 35.10 Jurisdiction: England and … Continue reading Taylor v Bolton Heath Health Authority: QBD 14 Jan 2000

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

MP (a Child) v Mid-Kent Healthcare Trust: CA 5 Nov 2001

In medical negligence cases, where non-medical expert evidence was ordered to be provided to the court on a joint basis, as should normally be the case, it would be inappropriate for that expert to be cross examined by either of the parties, and nor should that expert meet with either of the parties not in … Continue reading MP (a Child) v Mid-Kent Healthcare Trust: CA 5 Nov 2001

Samuel v Samuel and Others: ChD 17 Dec 2018

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

British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act. Held: It was common … Continue reading British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

Regina v Visitors to the Inns of Court ex parte Calder: CA 1993

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

King v Telegraph Group Ltd: CA 18 May 2004

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

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

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

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

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

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

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

Scammell and Others v Dicker: CA 21 Dec 2000

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

Sunderland City Council v Brennan and Others: EAT 2 May 2012

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

McKeown v British Horseracing Authority: QBD 12 Mar 2010

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

Sheikh and Another v Dogan and Others: ChD 17 Nov 2009

The judge had reserved his judgment, but had since received further voluminous representations from a party. Held: None of the matters raised suggested a proper reason for exercising the jurisdiction given by In re Barrell. The claimant was subject to a civil restraint order, and these applications had been made without consent. Nor had she … Continue reading Sheikh and Another v Dogan and Others: ChD 17 Nov 2009

Olakunle O Olatawura v Alexander O Abiloye: CA 17 Jul 2002

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

Loutchansky v Times Newspapers Limited (No 2): CA 12 Mar 2001

The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication. Held: It is necessary for the defendants to establish that they had a duty to publish the article if they are to be … Continue reading Loutchansky v Times Newspapers Limited (No 2): CA 12 Mar 2001

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 extensive pleadings in defamation cases should now be otiose. In the modern era of witness statements, extensive and fully particularised pleadings are no … Continue reading McPhilemy v Times Newspapers Ltd and Others (2): CA 26 May 1999

Lait v Evening Standard Ltd: CA 28 Jul 2011

The claimant alleged defamation by the defendant in an article regarding her expenses claims as an MP. She appealed against summary judgment in favour of the defence in their pleaded defence of honest comment. Held: Laws LJ said: ‘The principle identified in Jameel consists in the need to put a stop to defamation proceedings that … Continue reading Lait v Evening Standard Ltd: CA 28 Jul 2011

Hicks v Russell Jones and Walker: ChD 5 Nov 2007

The parties were to appeal a finding of professional negligence. Leave had been given and it was suggested that the judge make additional findings of fact to assist the appeal court. Citations: [2007] EWHC 2545 (Ch) Links: Bailii Statutes: Civil Procedure Rules 52.10(2)(b) Jurisdiction: England and Wales Civil Procedure Rules Updated: 13 September 2022; Ref: … Continue reading Hicks v Russell Jones and Walker: ChD 5 Nov 2007

Nectrus Ltd v UCP Plc: CA 21 Jan 2021

Application for reconsideration of refusal of leave to appeal. Judges: Lord Justice Flaux Citations: [2021] EWCA Civ 57 Links: Bailii, Juciciary Statutes: Civil Procedure Rules 52.30 Jurisdiction: England and Wales Citing: See also – UCP Plc v Nectrus Ltd ComC 21-Feb-2018 Application for stay pending proceedings in Isle of Man . . See also – … Continue reading Nectrus Ltd v UCP Plc: CA 21 Jan 2021

Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

At first instance the appellant had dishonestly assisted another party to defraud the respondent, and ordered payment of substantial damages. The defendant, non-resident, sought to appeal, and the respondent asked the court to order payment into court of the amount of the award, saying that the appellant did not otherwise have the assets within the … Continue reading Goldtrail Travel Ltd v Onur Air Tasimacilik As: SC 2 Aug 2017

Ahmed v Stanley A Coleman and Hill: CA 18 Jun 2002

The court considered the significance of CPR 52.13(2): ‘The restriction on second appeals is important because Parliament has made it clear that it wishes pretrial disputes in civil litigation to be dealt with, on the whole, at a level lower than this court. It may be that judges in the courts below may make orders … Continue reading Ahmed v Stanley A Coleman and Hill: CA 18 Jun 2002

London Borough of Hackney v Findlay: CA 20 Jan 2011

An application had been made to set aside a possession order obtained by a social landlord and determined by a district judge who applied CPR3.1 (7), when setting the possession order aside. By the time the landlord’s appeal against that decision was heard, the decision in Forcelux was available and the circuit judge held that … Continue reading London Borough of Hackney v Findlay: CA 20 Jan 2011

Irwin and Another v Lynch and Another: CA 6 Oct 2010

The court considered an appeal against an order allowing an amendment outside the limitation period which would Judges: Lloyd, Wilson, Gross LJJ Citations: [2010] EWCA Civ 1153, [2011] Bus LR 504, [2011] BPIR 158, [2011] 1 WLR 1364 Links: Bailii Statutes: Civil Procedure Rules 19.5, Limitation Act 1980 35 Jurisdiction: England and Wales Citing: Cited … Continue reading Irwin and Another v Lynch and Another: CA 6 Oct 2010

Mark Smith v David Probyn, PGA European Tour Ltd: QBD 25 Feb 2000

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

Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

Hicks Developments Ltd v Chaplin and others: ChD 5 Feb 2007

The defendants had succeeded in an application before the Land Registry adjudicator for a strip of land adjoining their property to be registered in their name after a finding that they had successfully established a claim by adverse possession. The claimants had developed the adjoining land leaving the strip unbuilt upon. A fence had been … Continue reading Hicks Developments Ltd v Chaplin and others: ChD 5 Feb 2007

Hall and others v Stone: CA 18 Dec 2007

The claimants appealed against a reduction in their costs awards after succeeding in their claims arising from road traffic incidents. The judge had awarded them only 60% of their costs and they appealed submitting that there was no reason why they should not get 100%. Held: The appeal succeeded. It was the defendant insurers allegations … Continue reading Hall and others v Stone: CA 18 Dec 2007

Framlington Group Ltd and Another v Barnetson: CA 24 May 2007

The defendant had sought an order requiring the claimant to remove from a witness statement elements referring to without prejudice discussions between the parties before litigation began. Held: The defendant’s appeal succeeded. The test for proximity of the negotiations to the litigation was not one of time, but of the closeness of the connection between … Continue reading Framlington Group Ltd and Another v Barnetson: CA 24 May 2007

Environment Agency v Lewin Fryer and Partners: TCC 6 Jul 2006

The defendants had started but abandoned a request against third parties, and had to pay their costs. It now sought those and its own costs from the claimant, saying that the abortive application would have been unnecessary had the claimant complied with its own disclosure obligations. The claimant said the court did not have jurisdiction … Continue reading Environment Agency v Lewin Fryer and Partners: TCC 6 Jul 2006

Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006

The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of time. Held: The appeal succeeded: ‘ the long-standing rule of practice … Continue reading Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006

Thakerar v Lynch Hall and Hornby (a Firm): ChD 21 Oct 2005

An order was sought to declare the claimant to be a vexatious litigant. The respondent answered that some of her applications had succeeded. Held: It was not necessary to show that all applications by the claimant had been without merit. Judges: Lewison J Citations: Times 30-Nov-2005, [2005] EWHC 2751 (Ch), [2006] 1 WLR 1511 Links: … Continue reading Thakerar v Lynch Hall and Hornby (a Firm): ChD 21 Oct 2005

A and D v B and E: FD 13 Jun 2003

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

Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005

The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award. Held: The dispute was complex and substantial. Nevertheless, the adjudicator ‘not only took the initiative in ascertaining the facts but also applied his … Continue reading Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005

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 defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005

Kuwait Oil Tanker Company S A K Sitka Shipping Incorporated v UBS Ag: CA 25 Jan 2002

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

Cowl and Others v Plymouth City Council: CA 14 Dec 2001

It remains of overriding importance for parties to seek to avoid litigation wherever possible. In this case, a dispute between a local authority and some of the inhabitants of one of its residential homes. The courts now have ample power within the rules to find other ways forward. In this case, the court might of … Continue reading Cowl and Others v Plymouth City Council: CA 14 Dec 2001

Burchell v Bullard and others: CA 8 Apr 2005

Each side had succeeded in part on their claims and counterclaims, but the Respondent was andpound;5,000 out of pocket. Each party had been ordered to pay the costs of the other. Held: The appeal succeeded. The judge had correctly recognised the difficulty of settling costs on an issue by issue basis, but should have considered … Continue reading Burchell v Bullard and others: CA 8 Apr 2005

The Convergence Group Plc and Another v Chantrey Vellacott (a Firm): CA 16 Mar 2005

An accountant sought payment of his professional fees. The defendants had sought to re-amend their defence and counterclaim. Appeals had variously been allowed to go ahead or denied after the master had not been able to deal with all of them for lack of time. Held: The several appeals raised common issues. Some were first … Continue reading The Convergence Group Plc and Another v Chantrey Vellacott (a Firm): CA 16 Mar 2005

Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005

Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005

Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd: TCC 22 Jul 2004

Citations: [2004] EWHC 1778 (TCC) Links: Bailii Statutes: Limitation Act 1980 35 Jurisdiction: England and Wales Citing: Appealed to – Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd CA 17-Feb-2005 The defendant appealed an order adding two new claimants. Held: Cases decided under the old RSC were not apposite for matters covered by the … Continue reading Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd: TCC 22 Jul 2004

Chiu and Others v Waitrose Ltd and Others: TCC 25 May 2011

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

Jackson v Marley Davenport Ltd: CA 9 Sep 2004

The claimant sought expert evidence to support her claim for personal injuries. A draft report was produced, followed by a final report which was disclosed. She appealed an order requiring disclosure of the draft report. Held: The appeal succeeded. The rules required disclosure of a report. They could not be read to require disclosure of … Continue reading Jackson v Marley Davenport Ltd: CA 9 Sep 2004

Riyad Bank and others v Ahli United Bank (Uk) Plc: CA 23 Nov 2005

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

Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004

Scribes West Limited v Relsa Anstalt and Another (No 1): CA 1 Jul 2004

The court handed down a New Practice Direction 52 for grounds of appeal, decisions in permissions to appeal, notices to respondents of appeals, appeal bundles etc. Judges: Mr Justice Brooke Lord Justice Mance Lord Justice Dyson Citations: [2004] EWCA (Civ) 835, Times 08-Jul-2004, [2005] CP Rep 2, [2005] 1 Costs LR 18 Links: Bailii Statutes: … Continue reading Scribes West Limited v Relsa Anstalt and Another (No 1): CA 1 Jul 2004

Jennings and Another v Cairns: CA 18 Nov 2003

Nieces had fallen out over their aunt’s estate. One niece had been closer than the others, and despite not properly understanding what she was doing the deceased had made lifetime gifts to the niece who was now executor. She appealed a finding of having an obligation as executor to reinstate the estate despite not herself … Continue reading Jennings and Another v Cairns: CA 18 Nov 2003

Mount Cook Land Ltd and Another v Westminster City Council: CA 14 Oct 2003

The applicants had sought judicial review of the defendant’s grant of planning permission for the redevelopment of the former CandA building in Oxford Street. Though the application for leave to apply had been successful, and a full hearing took place, the judge awarded also the costs of the defendant in responding to the original and … Continue reading Mount Cook Land Ltd and Another v Westminster City Council: CA 14 Oct 2003

Mamidoil-Jetoil Greek Petroleum Company Sa and Another v Okta Crude Oil Refinery AD: ComC 4 Nov 2002

One party had made a formal offer of settlement under the Rules, which had been declined, but the offer made was more favourable to him than the order which had eventually made. Held: The rejecting party should normally pay costs on an indemnity basis and interest at a higher rate as from the date of … Continue reading Mamidoil-Jetoil Greek Petroleum Company Sa and Another v Okta Crude Oil Refinery AD: ComC 4 Nov 2002

Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002

North East Lincolnshire Borough Council v Millenium Park (Grimsby) Ltd: CA 23 Oct 2002

An agreement was made for a redevelopment of land. The council sought an order requiring specific performance by the respondent of its obligations. The council sought summary judgment, which the respondent resisted claiming that it was presently impossible to proceed. Held: The judge had been wrong, on an application for summary judgement, to proceed on … Continue reading North East Lincolnshire Borough Council v Millenium Park (Grimsby) Ltd: CA 23 Oct 2002

Melissa Maguire v Ricardo David Molin: CA 24 Jul 2002

A case had been originally dealt with under the fast track procedure, but after amendment, the amount at stake came to exceed andpound;15,000. Held: It was permissible for a judge to continue to deal with a matter under the procedure. Relevant factors are the amount by which the claim comes to exceed the limit, and … Continue reading Melissa Maguire v Ricardo David Molin: CA 24 Jul 2002

Mohamad Al Fayed v The Commissioner of Police of the Metropolis: CA 29 May 2002

During an action, advice from counsel had been inadvertently disclosed to the claimants. The defendant sought to restrain use of the papers in the trial. It was accepted that the papers attracted legal professional privilege, but the police also sought public interest immunity. Held: A solicitor considering documents released to him owes no duty to … Continue reading Mohamad Al Fayed v The Commissioner of Police of the Metropolis: CA 29 May 2002

Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001

The court has a power to order substitution of a party though the limitation period, and even the ‘long stop’ limitation period had expired. The claimant child sought damages after a vaccination. The batch had been attributed to the wrong manufacturer, and the error only came to light outside the limitation period. It was said … Continue reading Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001

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

Natwest Lombard Factors Ltd v Arbis: ChD 10 Dec 1999

In order to mark the fundamental nature of the changes from the old civil procedure rules to the new, there can be no assumption made that phrases interpreted under the old rules would be interpreted identically under the new ones, even though the form of words chosen was identical. Citations: Times 10-Dec-1999 Jurisdiction: England and … Continue reading Natwest Lombard Factors Ltd v Arbis: ChD 10 Dec 1999

TSP Group Ltd v Globemark (UK) Ltd: QBD 2 Nov 2005

The claimant interpleader appealed summary dismissal of its claim. Held: The appeal was upheld. Despite the Civil Procedure Rules, the old case law on interpleader retained value. Although under the new rules, the precise formulation of an issue might be dispensed with, the matter could not be dealt with out of hand except in exceptional … Continue reading TSP Group Ltd v Globemark (UK) Ltd: QBD 2 Nov 2005

Stewart v Engel, BDO Stoy Hayward: CA 17 May 2000

A judge may reopen a case even after he has delivered his final judgment. A judge invited counsel to amend his pleading to incorporate an improvement, but in the face of his repeated failure to take up the invitation, entered final judgment against him. After advice from leading counsel, counsel requested the judgment be reopened … Continue reading Stewart v Engel, BDO Stoy Hayward: CA 17 May 2000

Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald: CA 12 May 2000

The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court of Appeal. Appeals will generally be subject to leave being obtained. An … Continue reading Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald: CA 12 May 2000

Dermot Gerard Richard Walsh v Andre Martin Misseldine: CA 29 Feb 2000

The claimant sought damages for injuries from 1989. His claim was pursued effectively, but a four-year delay ensued after 1994. He then sought to enlarge his claim greatly by introducing a lot of new issues of which the defendant’s insurers had no notice when they calculated the value of the claim in the early 1990s … Continue reading Dermot Gerard Richard Walsh v Andre Martin Misseldine: CA 29 Feb 2000

Safeway Stores Plc v Albert Tate: CA 18 Dec 2000

The respondent, a neighbour of the claimant, had fallen into dispute with the claimant, and issued a leaflet and signs alleging fraud. The claimants obtained an injunction, and in the absence of a substantive defence, judgement. He claimed that the judgement had deprived him of his right to a jury trial because the case involved … Continue reading Safeway Stores Plc v Albert Tate: CA 18 Dec 2000

Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Where the claimant was not out of time to bring an appeal, or he retained the right of appeal, or the works proposed involved were not new, and no amendment or substitute of a new claim was proposed, the court should exercise its discretion to amend the claim form so that an application for permission … Continue reading Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

Sally Rall v Ross Hume: CA 8 Feb 2001

A surveillance film of a claimant was a document within the rules. The rules make no specific provision for the admission of such material for the purposes of cross examination of a claimant. A party proposing to use such material was under all the obligations which would apply to other documents as to disclosure and … Continue reading Sally Rall v Ross Hume: CA 8 Feb 2001

Grobbelaar v News Group Newspapers and Another: CA 18 Jan 2001

Citations: [2001] EWCA Civ 1213 Links: Bailii Statutes: Civil Procedure Rules 32 Jurisdiction: England and Wales Citing: Appeal from – Grobbelaar v Sun Newspapers Ltd CA 9-Jul-1999 With the new Civil Procedure Rules, it was no longer correct that a court could not exclude evidence which was relevant, on the grounds that its probative value … Continue reading Grobbelaar v News Group Newspapers and Another: CA 18 Jan 2001

Petroleo Brasilero Sa v Mellitus Shipping Inc: CA 29 Mar 2001

Where, in the jurisdiction in which a potential defendant or contributor lived, there would be no remedy against him, a judge here who was asked to allow that defendant or contributor to be joined, as a necessary and proper party, could take into account that absence of a remedy abroad. Citations: Times 05-Apr-2001, [2001] EWCA … Continue reading Petroleo Brasilero Sa v Mellitus Shipping Inc: CA 29 Mar 2001

Bermuda International Securities Ltd v KPMG (A Firm): CA 27 Feb 2001

The case management powers of judges allowed a judge to order extensive pre-action discovery of documents. It is not appropriate at this stage in the development of the case management approach to lay down restrictive rules, and it must be for judges to use their discretion. The power only extended to documents which might be … Continue reading Bermuda International Securities Ltd v KPMG (A Firm): CA 27 Feb 2001

The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5): CA 11 Apr 2001

When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail and even if unchallenged. The court could look to witness statements to … Continue reading The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5): CA 11 Apr 2001

In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

Prosecutor v Furundzija: 1 Apr 1999

(International Criminal Tribunal for the Former Yugoslavia) The court described the main features of the law against torture: ‘There exists today universal revulsion against torture: as a USA Court put it in Filartiga v. Pena-Irala, ‘the torturer has become, like the pirate and the slave trader before him, hostis humani generis, an enemy of all … Continue reading Prosecutor v Furundzija: 1 Apr 1999

HFC Bank Plc v HSBC Bank Plc (Formerly Midland Bank Plc): CA 26 Apr 2000

Following a trial, and before the judgment was delivered, the parties arranged to meet and settled their dispute. The judges and the court were not advised and continued to take the trouble of preparing the now nugatory judgment. The legal representatives had a clear duty to inform the court of such happenings in order to … Continue reading HFC Bank Plc v HSBC Bank Plc (Formerly Midland Bank Plc): CA 26 Apr 2000

P B J Davis Manufacturing Co Ltd v Fahn: 1967

Interpleader proceedings Citations: [1967] 1 WLR 1059 Cited by: Applied – TSP Group Ltd v Globemark (UK) Ltd QBD 2-Nov-2005 The claimant interpleader appealed summary dismissal of its claim. Held: The appeal was upheld. Despite the Civil Procedure Rules, the old case law on interpleader retained value. Although under the new rules, the precise formulation … Continue reading P B J Davis Manufacturing Co Ltd v Fahn: 1967

Law Society v Southall: CA 14 Dec 2001

In making a strike out decision under Part 24, the court of first instance was exercising a discretion which an appellate court should be reluctant to disturb. The court should only interfere in the case of a manifest error. The Law Society had intervened in the legal practice of the respondent’s late husband. The court … Continue reading Law Society v Southall: CA 14 Dec 2001

Braybrook v The Basildon and Thurrock University NHS Trust: 7 Oct 2004

Sumner J gave guidance on the withdrawal of an admission under the CPR: ‘From the cases and the CPR I draw the following principals:1. In exercising its discretion, the court will consider all the circumstances of the case and seek to give effect to the overriding objective.2. Among the matters to be considered will be:(a) … Continue reading Braybrook v The Basildon and Thurrock University NHS Trust: 7 Oct 2004

McPhilemy v Times Newspapers Ltd and Others: CA 7 Jun 2000

The new civil procedure rules did not change the basic rules of evidence. The old rule prevented a party putting in evidence a witness statement which he knew conflicted substantially with the case he wished to place before the jury, and then be allowed to assert to a jury that he disagreed with large parts … Continue reading McPhilemy v Times Newspapers Ltd and Others: CA 7 Jun 2000

Fredericks and Pelhams Timber Buildings v Wilkins: QBD 1971

Judges: Roderick Evans J Citations: [1971] 1 WLR 1197 Jurisdiction: England and Wales Cited by: Applied – TSP Group Ltd v Globemark (UK) Ltd QBD 2-Nov-2005 The claimant interpleader appealed summary dismissal of its claim. Held: The appeal was upheld. Despite the Civil Procedure Rules, the old case law on interpleader retained value. Although under … Continue reading Fredericks and Pelhams Timber Buildings v Wilkins: QBD 1971

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

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

Financial Services Authority v Rourke: ChD 19 Oct 2001

The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being authorised, and had made prohibited statements to attract such deposits. Could a civil court make such a finding which would be equivalent to a finding of guilt of a criminal offence? … Continue reading Financial Services Authority v Rourke: ChD 19 Oct 2001