Click the case name for better results:

Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010

The claimant had been convicted in 2005 of an offence under the 1984 Act. It later became clear that the Act failed properly to implement a European Directive and was unenforceable. The company now sought leave to appeal out of time. The case was heard along with the case of Budimir. Citations: [2010] EWHC 1604 … Continue reading Interfact Ltd v Liverpool City Council: Admn 29 Jun 2010

Clark v Perkes: 2000

The court gave guidance on the practice and procedure on second appeals. Citations: [2000] All ER 1 Statutes: Civil Procedure Rules 52.2(3) 52.4.8 Jurisdiction: England and Wales Cited by: Cited – Markos v Goodfellow and Barke and Barke CA 26-Jul-2001 There was a boundary dispute. The judge in the County Court had made an error. … Continue reading Clark v Perkes: 2000

7E Communications Ltd v Vertex Antennentechnik Gmbh: CA 25 Feb 2007

The claimant had rejected satellite antennae it had bought from the defendants, and sought damages. The defendant said the English court did not have jurisdiction, since the order terms contained an exclusive jurisdiction clause. The claimant sought to appeal the oder refusing jurisdiction. The county court judge had refused permission to appeal to the High … Continue reading 7E Communications Ltd v Vertex Antennentechnik Gmbh: CA 25 Feb 2007

Microsoft Ireland Operations Ltd and Others v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice): CA 11 Nov 2022

Whether, where an Appellant’s Notice is filed with the Court of Appeal electronically in accordance with ‘Electronic Working Pilot Scheme’ introduced by Practice Direction 51O (‘PD 51O’), it may be filed at any time up to midnight on the last day of the permitted period or must, either generally or at least in the case … Continue reading Microsoft Ireland Operations Ltd and Others v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice): CA 11 Nov 2022

Day Morris Associates v Voyce and Another: CA 26 Feb 2003

The claimant estate agents appealed dismissal of their claim for commission. The owners were splitting up, and there was to begin with no clear instruction to market the property. Later the property was sold privately, but to a buyer introduced by the claimant to Mrs Voyce. The agent asked the court to go beyond its … Continue reading Day Morris Associates v Voyce and Another: CA 26 Feb 2003

Bell Electric Ltd v Aweco Appliance Systems Gmbh and Co Kg (1501): CA 31 Oct 2002

The respondent sought to appeal. The claimant requested the court to order that as a pre-condition of being allowed to appeal, the respondent should pay into court, or give adequate security for, the costs awarded at first instance, even though there was no evidence that a vigorously followed enforcement would not succeed if the appeal … Continue reading Bell Electric Ltd v Aweco Appliance Systems Gmbh and Co Kg (1501): CA 31 Oct 2002

Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

London Borough of Barnet v Hurst: CA 17 Jul 2002

The applicant had been sentenced to nine months imprisonment for having broken his undertaking to the Court. He appealed against that sentence. The other party also sought to appeal other parts of the order. Held: An appeal limited to the sentencing part of a committal for contempt did not require leave to appeal, being as … Continue reading London Borough of Barnet v Hurst: CA 17 Jul 2002

Athletic Union of Constantinople v National Basketball Association and Others: CA 28 May 2002

A party had been refused leave to appeal against an arbitration under the Act by the judge, but later obtained leave to appeal. Held: Such leave could only be granted by the trial judge, and the Court of Appeal could set aside the leave granted in excess of jurisdiction. The parties had argued that the … Continue reading Athletic Union of Constantinople v National Basketball Association and Others: CA 28 May 2002

Hertsmere Borough Council v Harty and others: CA 21 Jun 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

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

Slot and Slot v Isaac: CA 12 Apr 2002

Leave to appeal was sought against a judge’s finding that he had no jurisdiction to hear an application for leave to appeal against another order itself refusing leave to appeal against a case management decision. The party had declined to make any application to the original judge. They said that were following a path they … Continue reading Slot and Slot v Isaac: CA 12 Apr 2002

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

Sukui-Lennard v Croydon Primary Healthcare Trust: CA 22 Jul 2003

The appellant sought to appeal a striking out of her complaint of race discrimination. She appealed from the Employment Appeal Tribunal which had rejected her appeal in its preliminary hearing procedure. Held: The Court of Appeal had the power to return a case to the full Employment Appeal Tribunal so that it could hear and … Continue reading Sukui-Lennard v Croydon Primary Healthcare Trust: CA 22 Jul 2003

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

Hayes and others v Transco Plc: CA 17 Sep 2003

The defendant appealed awards against it of disturbance payments to the claimants under their contracts of employment. The claimants had produced documents at the last minute before the trial but it was arguable that since these documents were those of the defendants, they should heve been disclosed anyway. Held: The evidence, however badly introduced had … Continue reading Hayes and others v Transco Plc: CA 17 Sep 2003

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

Richardson v Ealing London Borough Council: CA 22 Nov 2005

The tenant had a bad record of payment of rent. The local authority sought possession. The district judge suspended the possession warrant. The authority appealed to the county court judge on the basis that the district judge had made his order without seeing the court file which in turn showed the many attempts by the … Continue reading Richardson v Ealing London Borough Council: CA 22 Nov 2005

Wilkes v Ballam Delaney Hunt (A Firm): CA 18 Aug 2005

The appellant sought leave to appeal out of time against an order dismissing his action against the solicitors who had acted for his former spouse in matrimonial proceedings. Held: Leave was refused. A solicitor owes his duty to his own client, not to the opponent. The action and the appeal were totally without merit. The … Continue reading Wilkes v Ballam Delaney Hunt (A Firm): CA 18 Aug 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

Uphill v BRB (Residuary) Ltd: CA 3 Feb 2005

The court considered an application for leave for a second appeal. Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an important point of principle or practice’ is to an important point of principle or practice that … Continue reading Uphill v BRB (Residuary) Ltd: CA 3 Feb 2005

E I Du Pont de Nemours and Co v S T Dupont (1): ChD 31 Oct 2002

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

Brown and Brown v Fenwick: CA 4 Oct 2001

Renewed application for leave to appeal: ‘Quite how securely the door to the Court of Appeal should be shut by narrowly confining CPR 52.13(2)(a) to new points or principle, and precisely what the interrelationship is between (2)(a) and (2)(b), are matters which may need to be subject to further and fuller argument if this Court … Continue reading Brown and Brown v Fenwick: CA 4 Oct 2001

Napp Pharmaceutical Holdings Ltd v Director General of Fair Trading: CA 8 May 2002

The applicant sought leave to appeal against a decision of the Competition Commission Appeals Tribunal. Held: Since the decision of the tribunal did not involve questions of law, it fell exactly within the Cooke case, and the court should be reluctant to review a tribunal practicing as expert in an area for which it had … Continue reading Napp Pharmaceutical Holdings Ltd v Director General of Fair Trading: CA 8 May 2002

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

Markos v Goodfellow and Barke and Barke: CA 26 Jul 2001

There was a boundary dispute. The judge in the County Court had made an error. Counsel had offered to apply to amend the order under the slip rule, and therefore the judge had refused leave to appeal. Held: This was an application for leave to apply for a second appeal, and such appeals only very … Continue reading Markos v Goodfellow and Barke and Barke: CA 26 Jul 2001

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

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

Mohamad Ali Aoun v Hassan Bahri, Costas Angelou: CA 31 Jul 2002

The claimant wanted to appeal an order to pay the defendants’ costs already ordered, and to provide security for costs of the remaining action. The defendants requested security for the costs of the appeal. Throughout the matter the claimant had been inconsistent about his residence and connections with the UK. The claimant had been late … Continue reading Mohamad Ali Aoun v Hassan Bahri, Costas Angelou: CA 31 Jul 2002

Sengupta v Holmes and Others, Lord Chancellor intervening: CA 31 Jul 2002

The appellant had applied for leave to appeal to a single judge, who had refused the application. He appealed and was granted leave by two judges. He then objected when the single judge who had refused leave was included in the panel of judges to hear the substantive appeal. Held: There was no reason to … Continue reading Sengupta v Holmes and Others, Lord Chancellor intervening: CA 31 Jul 2002

Dennis Pritchard Evans v Tiger Investments Limited, David John Moore: CA 20 Feb 2002

The first defendant appealed a judgement that it was responsible to the claimant for a loan taken out by the second defendant, one of its shareholders. He had said it was for the company, and he had been found not personally responsible. Land had been purchased in the second defendant’s name, he said, only for … Continue reading Dennis Pritchard Evans v Tiger Investments Limited, David John Moore: CA 20 Feb 2002

Colley v Council for Licensed Conveyancers: CA 17 Jul 2001

The applicant had sought to exercise his statutory right of appeal from a decision by his professional body. The judge had considered that leave was necessary under the rules, and granted limited permission. The applicant appealed, saying that his statutory right of appeal could not be limited except by clear and specific provision. The court … Continue reading Colley v Council for Licensed Conveyancers: CA 17 Jul 2001

James v Baily Gibson and Co (a firm): CA 30 Oct 2002

The claimant succeeded in an action for negligence against the respondent solicitors. The court required her to submit to a psychiatric examination to allow assessment of her claim. In default the entire action was to be stayed. She refused, and appealed, saying that her right to a fair trial had been infringed. Held: The court … Continue reading James v Baily Gibson and Co (a firm): CA 30 Oct 2002

Mamidoil-Jetoil Greek Petroleum SA v Okta Crude Oil Refinery AD: CA 4 Apr 2003

Though the rules did not set down any timetable, it was a requirement of a proposed appellant to go ahead promptly. A reasonable time was within 14 days to apply to set aside a permission given to appeal. Judges: Clarke LJ, Richards J Citations: Times 19-Jun-2003 Statutes: Civil Procedure Rules 52.9 Jurisdiction: England and Wales … Continue reading Mamidoil-Jetoil Greek Petroleum SA v Okta Crude Oil Refinery AD: CA 4 Apr 2003

Jackson v Marina Homes Ltd: CA 2008

Sir Henry Brooke considered the requirements in the CPR for requesting permission to appeal: ‘When the CPR introduced a well-nigh universal regime for permission to appeal-see CPR r.52.3(1) -the rule makers introduced a tough regime in order to avoid the progress of appeals being delayed while leave to appeal was being sought from a lower … Continue reading Jackson v Marina Homes Ltd: CA 2008

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

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

M v M (Breaches of orders: Committal): CA 28 Jul 2005

The mother sought to appeal refusal of a judge to commit the father for contempt in not complying many times with court orders related to residence and contact. Held: Leave was required for such an appeal. The rules distinguished between an appeal against a committal where leave was not required, and against any other order … Continue reading M v M (Breaches of orders: Committal): CA 28 Jul 2005

Teva UK Ltd v Boehringer Ingelheim Pharma Gmbh and Co Kg: CA 16 Dec 2016

The Court considered the rights or otherwise of appealing to the Court of Appeal in Patents cases. Kitchin, Floyd LJJ [2016] EWCA Civ 1296 Bailii Civil Procedure Rules 52.3(6) England and Wales Litigation Practice, Intellectual Property Updated: 27 January 2022; Ref: scu.572422

Multiplex Construction (Uk) Ltd v Honeywell Control Systems Ltd: TCC 8 Feb 2007

Application for permission to appeal. Jackson J considered whether permission to appeal should have been requested at the hearing: ‘It seems to me that I have got to interpret the provisions of Rule 52.3 and the provisions of the Practice Direction in a manner which is obviously consonant with the intentions of those who drafted … Continue reading Multiplex Construction (Uk) Ltd v Honeywell Control Systems Ltd: TCC 8 Feb 2007

Secretary of State for Trade and Industry v Lewis and Another: ChD 19 Jul 2001

Where the sole substantial issue was that the court of first instance had failed to give reasons for its decision, it would normally be wrong for an appellate court to order a rehearing rather than a review. This might be appropriate if the court below had been asked and had refused to give reasons, or … Continue reading Secretary of State for Trade and Industry v Lewis and Another: ChD 19 Jul 2001

Imbeah, Regina (on The Application of) v Willesden Magistrates’ Court and Another: QBD 14 Jul 2016

The claimant applied for judicial review of a decision of a Magistrates Court to convict her of driving with excess alcohol. The grounds were that the district judge acted unlawfully in proceeding with the trial without disclosure by the prosecution of CCTV film of the custody suite. The court had refused permission to proceed with … Continue reading Imbeah, Regina (on The Application of) v Willesden Magistrates’ Court and Another: QBD 14 Jul 2016

In re Stanford International Bank Ltd and Others: ChD 9 Jul 2009

One of the parties wanted to request permission to appeal, but had not done so at the hearing. The court considered whether it had power to do so at a later hearing. Held: It did not. The Rules set out a deliberately prescriptive regime which the court must follow. Once the hearing was concluded, the … Continue reading In re Stanford International Bank Ltd and Others: ChD 9 Jul 2009

TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and Others: CA 2 Jul 2020

Third in a rapid succession of Court of Appeal cases concerning the effect of the automatic stay imposed by Practice Direction 51Z Judges: Sir Geoffrey Vos, Chancellor of the High Court Citations: [2020] EWCA Civ 833 Links: Bailii Statutes: Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020 Jurisdiction: England and Wales Litigation Practice Updated: 31 … Continue reading TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and Others: CA 2 Jul 2020

Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010

In each of three cases, the former defendants sought leave to bring claims for contempt of court in respect of what it said were fraudulent claims by the respondents. The defendants argued that a party had first to go to the Attorney General. Held: ‘Notwithstanding the language of Rules 32.14 and 31.23 and, in particular, … Continue reading Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010

McLaughlin v Daily Telegraph Newspaper Co. Ltd: 15 Jul 1904

(High Court of Australia) The court considered the law on the effect of mental incapacity on a contract in the two cases Imperial Loan, and Molton v Camroux: ‘The principle of the decision seems, however, to be the same in both cases, which, in our judgment, establish that a contract made by a person actually … Continue reading McLaughlin v Daily Telegraph Newspaper Co. Ltd: 15 Jul 1904

De Molestina and Others v Ponton and Others: ComC 16 May 2001

Important point as to the strength of the case on the merits to be established in order to obtain leave to serve out of the jurisdiction and its relationship to the strength of the claim to be established to avoid being struck out under CPR 3.4 or 24.2. Judges: Mr Justice Colman Citations: [2001] EWHC … Continue reading De Molestina and Others v Ponton and Others: ComC 16 May 2001

St. Helens Metropolitan Borough Council v Barnes: CA 25 Oct 2006

The claimant had delivered his claim form to the court, but it was not processed until after the limitation period had expired. The defendant appealed a finding that the claimant had brought the cliam within the necessary time. Held: The claim was brought within the necessary time limit. ‘the courts have given claimants the full … Continue reading St. Helens Metropolitan Borough Council v Barnes: CA 25 Oct 2006

Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999

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

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

Armstrong v Times Newspapers Ltd and David Walsh, Alan English: CA 29 Jul 2005

The claimant sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity. Held: The defence of qualified privilege should be restored, and be decided at trial, and not summarily. Judges: Brooke LJ, Tuckey LJ, Arden LJ … Continue reading Armstrong v Times Newspapers Ltd and David Walsh, Alan English: CA 29 Jul 2005

DKH Retail Ltd v Republic (Retail) Ltd: ChD 3 Apr 2012

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

Westbrook Dolphin Square Ltd v Friends Life Ltd: CA 18 May 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

Carter Commercial Developments v Bedford Borough Council: Admn 27 Jul 2001

The claimant brought proceedings in the Administrative Court by way of Part 8 claim seeking to establish by way of declaration that a planning appeal rejected by the Secretary of State in August 2000 as being out of time had in fact been commenced within time. Held: The proceedings had been brought in that form … Continue reading Carter Commercial Developments v Bedford Borough Council: Admn 27 Jul 2001

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012

The defendant appealed against a refusal to strike out the claim which was to seek to enforce a judgment obtained in Kiev and in the Ukraine Supreme Court. Held: It had been a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment. A court in England had … Continue reading Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012

Charles (T/A Boston Computer Group Europe) v Revenue and Customs: FTTTx 12 Jun 2012

Value added tax – MTIC fraud – whether transactions of appellant connected with tax losses caused by fraud of others – whether appellant knew or should have known of fraud by others Precedent – whether a First-tier Tribunal should take account in a decision of other decisions of the First-tier Tribunal about related factual issues … Continue reading Charles (T/A Boston Computer Group Europe) v Revenue and Customs: FTTTx 12 Jun 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

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

Bank of Scotland v Pereira and Others: CA 9 Mar 2011

The mortgagor sought to appeal against a mortgagee’s possession order. The Court of Appeal considered the interaction between an application under CPR rule 39.3 to set aside a default judgment and an application for permission to appeal under CPR Pt 52. Held: The dismissal of an application under CPR Rule 39.3 does not, of itself, … Continue reading Bank of Scotland v Pereira and Others: CA 9 Mar 2011

Hammond Suddard, Solicitors v Agrichem International Holdings Limited: CA 18 Dec 2001

The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the judgement debt. The applicant company is a limited liability company registered in … Continue reading Hammond Suddard, Solicitors v Agrichem International Holdings Limited: CA 18 Dec 2001

Phoenix Healthcare Distribution Ltd v Woodward and Another: ChD 26 Jul 2018

The appeal raises the following interesting and difficult question: On an application for retrospective validation of what is now accepted to be the defective service of a claim form, and where any new claim would now be statute-barred, is it appropriate for the court to allow a respondent to take advantage of an honest mistake … Continue reading Phoenix Healthcare Distribution Ltd v Woodward and Another: ChD 26 Jul 2018

Eastenders Cash and Carry Plc and Another v Revenue and Customs: Admn 4 Nov 2010

Applications for judicial review in relation to alcoholic goods detained by the Defendants on grounds of a suspicion that duty may not have been paid in respect of them.Sales J said: ‘In my view, there is a clear reason why Parliament wished to create a distinct power of detention, namely to allow for the goods … Continue reading Eastenders Cash and Carry Plc and Another v Revenue and Customs: Admn 4 Nov 2010

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

Dring v Cape Intermediate Holdings Ltd: QBD 16 Jul 2020

The court was asked, on a reference back from the Supreme Court: ‘to determine whether the court should require [the interested party] to provide a copy of any other document placed before the judge and referred to in the course of the trial to [the applicant] . . in accordance with the principles laid down … Continue reading Dring v Cape Intermediate Holdings Ltd: QBD 16 Jul 2020

Clarke v Coutts and Co: CA 17 Jun 2002

The respondent bank had obtained a charging order nisi against the applicant’s property. The applicant then obtained an order under s252 of the act requiring any further action against his estate to be stayed. The bank nevertheless obtained an order absolute. The claimant was not represented at that hearing. Several years later he sought to … Continue reading Clarke v Coutts and Co: CA 17 Jun 2002

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Mihlenstedt v Barclays Bank International: CA 1989

The company’s pension scheme provided that the trustees were to form an opinion as to the employee’s ability or otherwise to work. The plaintiff sought payment of an ill-health pension under the Bank Pension Scheme. Held: A pension scheme trust is quite different from other trusts. Pension benefits are part of the consideration which an … Continue reading Mihlenstedt v Barclays Bank International: CA 1989

Polar Park Enterprises v Allason: ChD 18 Apr 2007

The defendant occupied property belonging to the claimant. An order for immediate possession had been granted in January. The defendant now said that part of the order was been made without jurisdiction. Held: Though he occupied the property as a licensee only of the claimant, that licence had been granted against the promise of the … Continue reading Polar Park Enterprises v Allason: ChD 18 Apr 2007

Nelson and Another v Clearsprings (Management) Ltd: CA 22 Sep 2006

The defendant did not appear at the trial and now appealed the judgment. The claim form and court papers had been served by post at the wrong address. The question was whether a defendant wanting to set aside a judgment was required to persuade the court to exercise its discretion or whether he was entitled … Continue reading Nelson and Another v Clearsprings (Management) Ltd: CA 22 Sep 2006

HSS Hire Services Group Plc v BMB Builders Merchants Ltd and Another: CA 24 May 2005

The claimant licensee alleged that the license contract had been repudiated by the defendant licensor. The claimant succeeded at the trial of liability. The defendant had made a payment into court. The judge was told of the payment but not of the amount. He ordered the defendant to pay the costs of the liability trial … Continue reading HSS Hire Services Group Plc v BMB Builders Merchants Ltd and Another: CA 24 May 2005

Regina (Heather and Another) v Leonard Cheshire Foundation: CA 21 Mar 2002

The appellants appealed rejection of their application for judicial review. They were long term residents in a nursing home, which the respondents had decided to close. Held: Though the respondent did exercise some public functions, and its activities were in part paid for by public authorities, its activity of providing residential accommodation was not a … Continue reading Regina (Heather and Another) v Leonard Cheshire Foundation: CA 21 Mar 2002

Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held (Majority): The appeal succeeded, and the judge’s order allowing the evidence to be … Continue reading Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

Basil Shiblaq v Kahraman Sadikoglu (No 2): ComC 30 Jul 2004

The court considered whether there had been effective service of proceedings on defendants in Turkey. Evidence was given as to the effectiveness of such service in Turkish law. Held: The defendant’s application to set aside the judgment in default succeeded. The claimant’s applications in respect of CPR 3.10 and CPR 6.9 were refused. The Civil … Continue reading Basil Shiblaq v Kahraman Sadikoglu (No 2): ComC 30 Jul 2004

Hashtroodi v Hancock: CA 27 May 2004

The claimant had issued proceedings in time, but then the limitation period expired before it was served, and in the meantime the limitation period had expired. The defendant appealed against an automatic extension of time for service granted to the claimant. Held: The Rules should generally be interpreted without reference to case law under the … Continue reading Hashtroodi v Hancock: CA 27 May 2004

MacIntyre v Phillips and Others: CA 24 Jul 2001

The appellant police officers and others were defendants in an action for defamation. They appealed a refusal of a trial of the preliminary issue as to whether they had the benefit of qualified privilege. They said that recent case law (GKR Karate and Loutchansky) had established a rule to that effect. Held: The cases did … Continue reading MacIntyre v Phillips and Others: CA 24 Jul 2001

Rose v Lynx Express Ltd. and Bridgepoint Capital (Nominees) Ltd: CA 7 Apr 2004

In an request for pre-action discovery it was plainly wrong for the court to seek to decide in advance any element of the virtues of the case. Held: The appeal should be allowed. The case was arguable and should be allowed to proceed.Peter Gibson LJ said: ‘We have reservations about the approach adopted by the … Continue reading Rose v Lynx Express Ltd. and Bridgepoint Capital (Nominees) Ltd: CA 7 Apr 2004

Lloyd v John Lewis Partnership: CA 1 Jul 2001

The judge allowed the defendant’s submission of no case to answer without putting them to their election and again the claimant’s appeal succeeded. The trial judge had been persuaded that the rule in Alexander -v- Rayson had been altered by the Civil Procedure Rules ‘and that as a general rule a judge was not required … Continue reading Lloyd v John Lewis Partnership: CA 1 Jul 2001

Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003

The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to … Continue reading Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003

Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc: CA 14 May 2003

In each case claims had been late in being served and extensions in time were sought and refused. Held: The recent authorities were examined. The words ‘has been unable to serve’ in CPR 7.6(3)(a) include all cases where the court has failed to serve, including mere oversight. The court’s discretion might then be exercised according … Continue reading Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc: CA 14 May 2003