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 They had previously served and withdrawn a notice claiming the right.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 claimants sought permission to discontinue, but with no order as to costs. Judges: Richards J Citations: [2010] EWHC 3414 (Ch) Links: Bailii Statutes: Civil Procedure Rules 38.6 Jurisdiction: England and Wales Litigation Practice Updated: 19 October 2022; Ref: scu.427404
A party will not be allowed to file pleadings which required him to make contradictory statements of truth in a unified claim. The alternative may be for the proceedings to go ahead as separate, non-unified claims. When considering whether there was evidence to support an amendment, the court should apply the same test as for … Continue reading Clarke (executor of the will of Francis Bacon, deceased) v Marlborough Fine Art (London) Ltd and Another: ChD 20 Nov 2001
The third defendant sought an order that the costs of the claim for an injunction against him, once it was discontinued on the second day of trial, should be assessed on an indemnity basis. Held: The order should be made. The power of the court under Rule 38.6 to ‘order otherwise’ clearly includes power, in … Continue reading Atlantic Bar and Grill Ltd v Posthouse Hotels Ltd: 2000
Revocation proceedings were brought before the Comptroller General of Patents, Designs and Trade Marks. The revocation proceedings were withdrawn, but the Comptroller decided to continue his examination. The patent owner sought to challenge this decision. Held: There is a difference between proceedings before the Comptroller conducted under the Manual of the Patent Office, and proceedings … Continue reading Regina (Ash and Lacy Building Products Ltd) v Comptroller General of Patents, Designs and Trade Marks: ChD 1 Feb 2002
The bank had brought possession proceedings against the defendant under two legal charges securing personal guarantees. The proceedings had been abandoned, but the court now was asked whether costs for the defendant should be on the standard or indemnity basis. The defendant argued that the proceedings had been brought for a collateral purpose and were … Continue reading The Co-Operative Bank Plc v Phillips: ChD 21 Aug 2014
The claimant had been refused leave to bring judicial review. It then renewed its application before finally wthdrawing it. The court now considered liability for costs. Held: ‘There are particular reasons for the particular rules governing costs at the paper and oral permission stage in judicial review, which are reflected in the decision and principles … Continue reading Smoke Club Ltd, Regina (on The Application of) v Network Rail Infrastructure Ltd: Admn 29 Oct 2013
The parties disoputed the terms and basis of the discontinuance of the action. . .
Application for permission to appeal against the refusal by Cutts J of permission to apply for judicial review. Citations: [2019] EWCA Civ 1040 Links: Bailii Statutes: Civil Procedure Rules 52.5 Jurisdiction: England and Wales Civil Procedure Rules Updated: 31 December 2022; Ref: scu.638809
The court was asked as to what issues were relevant when considering an application to set aside judgment in default and in particular when asking ‘whether the person seeking to set aside the judgment made an application to do so promptly’. Judges: Ward, Sedley, Smith LJJ Citations: [2009] EWCA Civ 1222, [2010] CP Rep 10 … Continue reading Mullock v Price (T/A The Elms Hotel Restaurant): CA 15 Oct 2009
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
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 issue was the appropriateness of a Court striking an action out where there has been considerable delay if: (i) the cause of action relied upon by the plaintiff in the proceedings would be statute barred if the action were to be struck out, but (ii) the plaintiff has another cause of action upon which … Continue reading Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997
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
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
IPO Just before the parties were due to be heard in a dispute over ownership of an application under the Patent Co-operation Treaty, the issue was raised of the validity of an assignment which appeared to cover all rights to the inventive matter contained in the application. As this was a point of central importance … Continue reading Azam and Livesey (Patent): IPO 22 Dec 2010
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
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
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 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
Concerning challenges to leave to appeal: ‘(if) the Judge was misled by an Appellant, not necessarily deliberately, into giving permission to appeal, that may well be a compelling reason within the Rule. It must . . involve showing (a) that the materials put before the judge were inaccurate or incomplete; (b) that these deficiencies had … Continue reading Hertsmere Borough Council v Harty and others: CA 21 Jun 2001
The claimant intended to seek recovery of a very substantial sum from the defendant. On learning of the defendant’s intention to sell its assets, it sought an order freezing them. Held: The court has the discretion to order a freezing of a defendant’s assets so as to prevent a transfer of those assets, even though … Continue reading Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999
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
Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr Binnie fell into arrears and Forcelux obtained a default judgment against … Continue reading Forcelux Ltd v Binnie: CA 21 Oct 2009
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
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
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 defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against … Continue reading Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007
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
Date of service of claim form sent from England to defendant in Scotland. Judges: Sharp, Asplin LJJ, Sir Rupert Jackson Citations: [2019] EWCA Civ 648, [2019] WLR(D) 282 Links: Bailii, WLRD Statutes: Civil Procedure Rules 6.14 7.5 Jurisdiction: England and Wales Civil Procedure Rules Updated: 11 July 2022; Ref: scu.638808
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
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
The Court considered the circumstances in which it is appropriate, on an application for retrospective validation of service pursuant to CPR r 6.15(1) and (2), to allow a potential defendant to take advantage of a mistake on the part of a would-be claimant giving rise to defective service where any new claim would be statute-barred. … Continue reading Woodward and Another v Phoenix Healthcare Distribution Ltd: CA 12 Jun 2019
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland. Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be … Continue reading Tehrani v Secretary of State for the Home Department: HL 18 Oct 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
The court considered the effect of negotiations on costs claims: ‘Changes were made to the Rules of Court. Some of these changes, and in particular the provisions of Sections II to V of CPR45, were introduced following ‘industry wide’ discussions under the aegis of the Civil Justice Council. Agreement was reached on the recoverable costs … Continue reading Butt v Nizami: QBD 9 Feb 2006
The claimant had been severely injured in a road traffic accident. His claim was compromised and embodied in a court order, but later a question was raised as to whether he had had mental capacity at the time to make the compromise he had. Held: The term ‘patient’ in this context had a meaning specific … Continue reading Bailey v Warre: CA 7 Feb 2006
The defendant had made a part 36 offer of settlement. The claimant did not accept it, but then tried to accept it after the trial had begun. Held: The risks of litigation were such that situations would often alter when a case came on for trial. It was implied in a part 36 offer that … Continue reading Hawley v Luminar Leisure Plc Ase Security Services Limited, Mann: CA 1 Feb 2006
Various parties appealed refusal and grant of extensions of time for service of claim forms. Held: The court gave detailed guidance. The three central issues were the proper construction of the rule, the question of whether the court could reconsider an application made without notice and on paper, and whether the Hashtroodi guidance was being … Continue reading Collier v Williams and others: CA 25 Jan 2006
Attempt to avoid normal civil appeal process by use of judicial review – whether abuse of process. The underlying claim had been struck out as having no reasonable prospect of success. Permission to appeal had been refused. Permission to bring judicial review of that decision had itself been refused on the basis that the CPR … Continue reading Nduka, Regina (on the Application of) v Her Honour Judge Riddel: Admn 21 Oct 2005
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
The taxpayer sought to challenge in Europe the ruling by the respondents that the mobile phones they supplied did not meet the criteria to be zero-rated for VAT. A decision would be unlikely before 2006. They sought judicial review now of the refusal of the commissioners to make an interim payment. Held: There exists in … Continue reading Regina on the Application of Teleos Plc and others v Commissioners of Customs and Excise: CA 2 Mar 2005
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
Where a defendant had failed to file an acknowledgement of service or defence in time, and the claimant sought judgment in default, the defendant could not, as of right, file an acknowledgement and defence late. He must apply to the court for relief, but an extension of time might normally be granted. Judges: Justice Neuberger … Continue reading Coll v Tattum: ChD 21 Nov 2001
An application by a scaffolding sub-contractor for disclosure and pre-claim disclosure under CPR Part 31.16. Judges: Akenhead J Citations: [2011] EWHC 2210 (TCC) Links: Bailii Statutes: Civil Procedure Rules 31.16 Jurisdiction: England and Wales Civil Procedure Rules Updated: 19 June 2022; Ref: scu.443854
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
Application to clarify terms of earlier order about status of findings by the Court of Appeal in representative applications. Judges: Chadwick LJ Citations: [2001] EWCA Civ 1438, [2002] CP Rep 11 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Civil Procedure Rules Updated: 13 June 2022; Ref: scu.201338
The court was asked to decide whether an interim award of damages should be limited to calculations up to the claimant’s sixteenth birthday. Judges: Eady J Citations: [2011] EWHC 1638 (QB), [2011] PIQR P18 Links: Bailii Statutes: Civil Procedure Rules 3.1(2) Jurisdiction: England and Wales Personal Injury, Damages Updated: 11 June 2022; Ref: scu.441247
The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order. Held: There was no absolute rule which would allow the order made. The judge had considered that if … Continue reading Polanski v Conde Nast Publications Limited: CA 11 Nov 2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest was a matter of law or of procedure. Held: The issue of currency … Continue reading Lesotho Highlands Development Authority v Impregilo Spa and others: CA 31 Jul 2003
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
In a claim aganst the police, it had become apparent that some parts of the trial would require the examination of detailed documents. The defendant appealed a refusal of its request for the matter to be heard without a jury. Held: The Act and the Rules explicitly acknowledged the possibility of splitting a trial between … Continue reading Phillips v Commissioner of Police of the Metropolis: CA 20 Mar 2003
The claimant appealed against an order striking out her claim. Held: The right to respect for private life is qualified by the right for both parties to have a just trial of the issues between them; and it has to be borne in mind that it was the claimant who invoked the right to such … Continue reading De Keyser Limited v Wilson: EAT 20 Mar 2001
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
A part 36 offer had been made and declined. A significant amendment was made to the defendant’s pleadings on the basis of information which had always been available to him. The claimant then accepted the payment in. Should the claimant be regarded as the successful party for costs purposes. Held: Costs remain at the discretion … Continue reading Factortame Ltd and others v Secretary of State for the Environment, Transport and the Regions): CA 28 Jan 2002
Those issuing proceedings, anticipating no dispute as to the facts, and therefore using Part 8, should remain aware of the fact that, upon a dispute, and in the absence of a judge explicitly reallocating the claim to the multitrack, the court rules would do the same by default, with the further effect of disallowing any … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2001
The defendant appealed against a decision not to set aside a judgment obtained against him by default. Whilst he retained a property in England, he lived in Ethiopia. The claim was served at the address in England, but was redirected to another address in Ethiopia. Held: The appeal suceeded. The proceedings had not been served … Continue reading Fairmays (A Firm) v Palmer: ChD 31 Jan 2006
Ms Halabi applied to annul her bankruptcy order, made for non payment of her rates. She applied within approximately 6 months of her adjudication. Her bankrupt estate was solvent but illiquid. She had not previously appreciated that she had sufficient equity in her property (over andpound;70k) to borrow sufficient to discharge her debt. Held: The … Continue reading Halabi v London Borough of Camden: ChD 14 Feb 2008
The claimants sought an order that the defendants, an internet company in Florida, should disclose the IP address of a registered user of the site with a view to identifying the user and pursuing an action against him or her. Held: Tugendhat J said: ‘Hearings in private under CPR 39.2 (3) and orders under CPR … Continue reading G and G v Wikimedia Foundation Inc: QBD 2 Dec 2009
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007
The court heard an appeal by the Commissioners from the VAT Duties Tribunal that ‘Spreadable butter’ and ‘Ammix butter’ from New Zealand made and imported by the respondent are ‘manufactured directly from milk or cream’, and are not ‘recombined butter’, and are therefore subject to a lower rate of tariff duty under Annex I to … Continue reading Commissioners of Customs and Excise v Anchor Foods Limited: Admn 26 Jun 1998
A party to litigation must ensure that an agent attending had sufficient knowledge and authority to deal with issues raised at a pre-trial review, and where he failed in this he could be penalised in indemnity costs or interest at higher rates than usual on damages. An agent had no knowledge of why an expert’s … Continue reading David John Baron v Brian Lovell: CA 27 Jul 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
The rules on applications for appeals out of time have changed fundamentally. The court can no longer look at these by applying strict rules, but each case had to be looked at from the point of view of how justice could be achieved, allowing for the length of any delay, the merits of the appeal, … Continue reading Commissioners of Customs and Excise v Eastwood Care Homes: CA 17 Feb 2000
The claimant judgment creditor sought a third party payment order. An interim third party payment order had already been obtained byanother party. The claimant sought payment pari passu. Held: The other party had priority once their interim order was made absolute. A garnishee order nisi created a defeasible charge in favour of the judgment creditor … Continue reading FG Hemisphere Associates LLC v Republic of Congo: QBD 9 Dec 2005
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
It could be proper, when ordering for a third party to be joined in an action for judicial review, to order that the original party should not be responsible for the new party’s costs in any event. Such a power could be derived from the overriding objective, which required the court to take account of … Continue reading Regina v Secretary of State for the Environment, Transport and the Regions, ex parte O’Byrne: Admn 20 Aug 1999
The French company defendants had been ordered to disclose documents which they said might expose them to criminal prosecution in France. They now appealed. Held: The court was not obliged to make use of the Council Regulation. Orders for discovery of a document in this court (or for inspection of a document already disclosed) are … Continue reading Secretary of State for Health and Others v Servier Laboratories Ltd and Others: CA 22 Oct 2013
Application by the claimant pursuant to CPR 40.12(1) to correct the order made following the trial in this action Judges: Mr Justice Eder Citations: [2011] EWHC 2338 (Comm) Links: Bailii Statutes: Civil Procedure Rules 40.12(1) Jurisdiction: England and Wales Litigation Practice Updated: 23 March 2022; Ref: scu.449894
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged. Held: A third party debt order is a proprietary remedy operating by attachment against the property of the judgment debtor. The property so attached is the chose in … Continue reading Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003
Claimant may be ordered to disclose funder The claimant alleged the misselling of interest rate sawp agreements by the defendant to his companies, leading to losses of andpound;700 million. The defendant now applied for disclosure of the identity of any third party funding the claimant’s litigation, and if appropriate the associated costs order. Held: RBS … Continue reading Wall v The Royal Bank of Scotland Plc: ComC 7 Oct 2016
1. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Workers doing the same work – ‘Same work’ – Definition – Workers in a similar situation – Criteria for assessment – Nature of the work, training requirements and working conditions – Powers of review of the … Continue reading Autorita per l’energia elettrica e il gas v Bertazzi (Order 2): ECJ 7 Mar 2013
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 deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury. Held: The jury should indeed have been given opportunity to explain their verdict: ‘By … Continue reading Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
Reconsideration of a dismissal order dated 19 February 2016 dismissing an appellant’s notice for failure to comply with the Civil Procedure Rules Practice Direction 52C. Meacher M [2016] EWCA Civ 380 Bailii England and Wales Litigation Practice Updated: 14 January 2022; Ref: scu.563246
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
An application was made to strike out the claim when the action had begun nearly 14 years before, but had not yet concluded. The defendant argued that the delay amouned to an abuse of process. Additionally the parties disputed the admission of expert evidence. The defendant argued that the claimant’s expert had gone beyond his … Continue reading Wearn (T/A Jonathan Wearn Productions) v HNH International Holdings Ltd: ChD 29 Oct 2014
PROCEDURE – application for an order for security for costs – CPR, rule 25 – whether reason to believe appellants will be unable to pay respondents’ costs if ordered to do so – significance of ATE insurance – whether just to make an order in all the circumstances of the case – weight to be … Continue reading GSM Export (UK) Ltd and Another v Revenue and Customs: UTTC 14 Oct 2014
Application made pursuant to paragraph 32 of Practice Direction 52C to rely on a supplementary skeleton argument for the purposes of the present appeal. The context in which this application is made is an appeal by the claimant against an order of Mr Justice Eder in the exercise of his discretion under Civil Procedure Rules, … Continue reading Tchenguiz v Director of The Serious Fraud Office and Others: CA 13 Oct 2014
Oral application for permission to appeal. Leave Refused. No error of law was identified. The judge refusing leave had warned the claimant as to the possibility of a costs order if she persisted. Wall LJ [2009] EWCA Civ 38 Bailii Civil Procedure Rules 852 England and Wales Citing: Cited – Fosh v Cardiff University EAT … Continue reading Fosh v Cardiff University: CA 3 Feb 2009
Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006
ECHR Article 3 Positive obligations Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher: violation Facts – The applicant alleged that she was subjected to sexual abuse by a teacher (LH) in 1973 when she was a pupil in a state-funded National School owned and … Continue reading O’Keeffe v Ireland: ECHR 28 Jan 2014
The commercial court will not encourage time wasting procedural applications. Leggatt J summarised the principles that should be applied on an application for relief from sanctions: ‘i) On an application for relief from a sanction under CPR 3.9, it is usually appropriate to start by considering the nature of the non-compliance. If the non-compliance can … Continue reading Summit Navigation Ltd and Another v Generali Romania Asigurare Reasigurare Sa Ardaf Sa and Another: ComC 21 Feb 2014
Exercise of Power to Strike Out The court has an inherent power to strike out an action for want of prosecution, and the House set down the conditions for its exercise. The power is discretionary and exercisable only where (a) there has been inordinate and inexcusable delay and (b) such delay has given rise to … Continue reading Birkett v James: HL 1977
The claimant’s case had been struck out after non-compliance with an order to file further particulars. His appeal was allowed by the EAT, and the School now itself appealed, saying that the employment judge had wrongly had felt obliged to have regard to the Civil Procedure Rules on striking cases out. Held: The school’s appeal … Continue reading St Albans Girls School and Another v Neary: CA 12 Nov 2009
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
The personal injury claimant sought to raise on taxation, matters not put to the trial judge when making the costs order. The personal injuries case had been allocated to the multi-track. The judge at trial had awarded costs on the standard basis, but the costs judge had assessed them as if the case had been … Continue reading Drew v Whitbread: CA 9 Feb 2010
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case had otherwise been effectively settled. Held: With considerable misgivings, the court agreed to hear the appeal. … Continue reading Rolls-Royce plc v Unite the Union: CA 14 May 2009
(Grand Chamber) The applicants had been subjected to severe restrictions. They were foreign nationals suspected of terrorist involvement, but could not be deported for fear of being tortured. The UK had derogated from the Convention to put the restrictions in place. Assurances had been given by the home nations that on return they would not … Continue reading A and Others v The United Kingdom: ECHR 19 Feb 2009
Anonymity in Family matters at CA isexceptional In ancillary relief proceedings at first instance, the court had provided for anonymity of various parties. On appeal, W, with the consent of H now sought a further freestanding order to similar effect. Held: The application was allowed. Though at the Court of Appeal the starting point was … Continue reading XW v XH: CA 2 Apr 2019
The claimants claimed infringement of the privacy of their wedding celebrations. They requested permission for service out of the jurisdiction to join Mr Ramey as defendant, saying he had been the one who had taken some of the photographs in New York at issue. Mr Ramey resisted saying that, being resident in California, there was … Continue reading Douglas, Zeta-Jones, Northern and Shell Plc v Hello! Limited, Hola SA, Junco, The Marquesa De Varela, Neneta Overseas Limited, Ramey: CA 12 Feb 2003
The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success. Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of proof rests upon the claimant to establish that there are grounds for his belief … Continue reading E D and F Man Liquid Products Ltd v Patel and Another: CA 4 Apr 2003
Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of Rwanda. Held: The magistrate hearing such proceedings … Continue reading VB and Others v Westminster Magistrates: SC 5 Nov 2014
Practical Realities of Planning Decisions The House considered planning procedures adopted on the construction of two new stretches of motorway, and in particular as to whether the Secretary of State had acted unlawfully in refusing to allow objectors to the scheme to cross-examine the Department’s witnesses. Held: He had not acted unlawfully (Lord Edmud-Davies dissenting). … Continue reading Bushell v Secretary of State for the Environment: HL 7 Feb 1980
Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994
Lack of Capacity – Effect on Proceedings The Court was asked ‘First, what is the test for deciding whether a person lacks the mental capacity to conduct legal proceedings on her own behalf (in which case the Civil Procedure Rules require that she has a litigation friend to conduct the proceedings for her)? Second, what … Continue reading Dunhill v Burgin: SC 12 Mar 2014
