Common issues relating to the construction of Part 36 of the Civil Procedure Rules and its inter-action with Part 44, which contains general rules about costs, and Section II of Part 45, which contains rules about costs in certain kinds of road traffic accident claims. Judges: Pill, Moore-Bick, Aikens LJJ, Hurst SCJ Citations: [2011] EWCA … Continue reading Solomon v Cromwell Group Plc: CA 19 Dec 2011
The judge had repeatedly adjourned a matter, directing that the parties should consider alternative dispute resolution. Since the first adjournment, the rules had been changed to allow a court to refer a case for such an arrangement. One party objected. Held: The new power could be exercised even in an existing case, and therefore the … Continue reading Agodzo v Amegashitsie and Another: CA 20 May 1999
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 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
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
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
W appealed against the striking out as an abuse of its request for a declaration that the tenants of the flats at Dolphin Square were entitled to acquire its freehold from the respondents. They had previously served and withdrawn a notice claiming the right. Held: The tenants’ appeal was allowed. CPR 38.7 did not operate … Continue reading Westbrook Dolphin Square Ltd v Friends Life Ltd: CA 18 May 2012
The court considered the application of rule 36, and the general rules as to costs, in relation to contribution proceedings between two parties both liable to a claimant for the same damage. Judges: Rix, Lloyd, Stanley Burnton LJJ Citations: [2012] EWCA Civ 588 Links: Bailii Statutes: Civil Procedure Rules 36 Jurisdiction: England and Wales Civil … Continue reading PHI Group Ltd v Robert West Consulting Ltd: CA 10 May 2012
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
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 appellant landlords appealed against the award of damages to their former tenants under the 1985 and 1972 Acts. The judge had proceeded to hear the case in their absence. Held: The court considered whether the appellants should instead have applied to have the judgments set aside. Judges: Moore-Bick, Gross LJJ Citations: [2011] EWCA Civ … Continue reading Williams and Another v Hinton and Another: CA 14 Oct 2011
The new rules now required a respondent to an application for judicial review, to prepare and file an acknowledgement of service. Where he was successful in defending, or resisting the application for leave, there is no reason in principle why he should not be allowed to recover from the applicant, the costs of steps he … Continue reading Regina (Leach) v Commissioner for Local Administration: QBD 2 Aug 2001
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
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 claimant succeeded in her action for personal injuries. She appealed against an order for costs in her favour on the standard basis, saying that it should have been on an indemnity basis. Judges: Schiemann, Tuckey, Jonathon Parker LJJ Citations: [2002] 3 All ER 263, [2002] EWCA Civ 398, [2002] PIQR 591, [2003] 1 WLR … Continue reading Huck v Robson: CA 21 Mar 2002
The court’s powers under the new CPR to deal with non-compliance with time limits, were wide enough to allow the court to allow re-instatement of an action previously struck out. The court could find alternative ways of dealing with any delay which could recompense the other party and seek to achieve justice as between the … Continue reading Biguzzi v Rank Leisure Plc: CA 26 Jul 1999
The tenancy had been an introductory tenancy. The council sought to terminate the tenancy, delivering the papers to the court before the anniversary. Held: The proceedings were not begun under the section until the court issued the claim form. That had occurred outside the twelve month period, and the trial tenancy had expired and the … Continue reading Salford City Council v Garner: CA 27 Feb 2004
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
The court considered where the trial of the action should take place. Held: The defendant’s appeal failed. Even though the rights sought to be protected were of a proprietary nature, where the rights could properly be said to have arisen under an English contract, the English court could use its discretion to assert jurisdiction. Though … Continue reading Deripaska v Cherney: CA 31 Jul 2009
The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019
In the course of unfair dismissal proceedings, the defendant had disclosed possession of confidential materials of his former employer. The employer began these proceedings based on the materials. Only at a later point when he appointed solicitors was a challenge to made to that use as contempt. The company now appealed against the strike out … Continue reading IG Index Ltd v Cloete: CA 31 Jul 2014
Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his family members. The county court had been unwilling to allow any challenge … Continue reading Manchester City Council v Pinnock: SC 3 Nov 2010
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate. Held: In such cases the court must undertake a two stage examination. First it should look at the … Continue reading Home Office v Lownds (Practice Note): CA 21 Mar 2002
Anonymity in Court Proceedings – No two stage test XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought proceedings for judicial review of the Council’s housing allocation policy, … Continue reading XXX v Camden London Borough Council: CA 11 Nov 2020
Immigration detention proper after prison release The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 Act. The court had found that the detention had … Continue reading SK (Zimbabwe) v Secretary of State for the Home Department: CA 6 Nov 2008
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012
Adverse Comments by Judge Need not be Show of Bias In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The … Continue reading Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against refusal of a strike out of the claim. The Court of Appeal said that it was … Continue reading Fairclough Homes Ltd v Summers: SC 27 Jun 2012
The defendants sought approval of their practice of making a written offer to the claimants rather than making a payment into court. The offer had been accepted but only after the defendant had purported to withdraw it.
Held: ‘it certainly is . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided with evidence unseen . .
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
