Search Results for: Civil Procedure Rules 54

Click the case name for better results:

Kimondo, Regina (on The Application of) v Secretary of State for The Home Department (Relevant Rules; AOS Requirements) (IJR): UTIAC 14 Nov 2014

(1) In judicial review applications transferred by the Administrative Court to the Upper Tribunal, the applicable procedural regime is that contained in the Tribunal Procedure (Upper Tribunal) Rules 2008. The Civil Procedure Rules have no effect thereafter; although the procedural history may be significant, particularly as regards time limits. (2) The prohibition in rule 29(3) … Continue reading Kimondo, Regina (on The Application of) v Secretary of State for The Home Department (Relevant Rules; AOS Requirements) (IJR): UTIAC 14 Nov 2014

Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

Regina (Smith, Trevor) v Parole Board: CA 30 Jun 2003

The applicant had been granted leave to present a petition for judicial review, but on certain grounds only. On the hearing, he sought again to present the case including the grounds upon which permission had not been granted. Held: The judge who heard the substantive application could hear an application based additionally upon grounds rejecetd … Continue reading Regina (Smith, Trevor) v Parole Board: CA 30 Jun 2003

Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004

The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act. Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely … Continue reading Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004

Hardy and others v Pembrokeshire County Council and Another: CA 19 Jul 2006

The court considered the consequences of delay in applications for judicial review: ‘It is important that those parties, and indeed the public generally, should be able to proceed on the basis that the decision is valid and can be relied on, and that they can plan their lives and make personal and business decisions accordingly.’ … Continue reading Hardy and others v Pembrokeshire County Council and Another: CA 19 Jul 2006

Nduka, Regina (on the Application of) v Her Honour Judge Riddel: Admn 21 Oct 2005

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

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

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

Regina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another: HL 23 May 2002

The applicant sought judicial review of the respondent’s grant of planning permission for a development which would affect her. The authority objected that the application was made after three months after their decision, and so leave should not be granted, and also that her application for leave having been refused, there was no jurisdiction in … Continue reading Regina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another: HL 23 May 2002

Grace, Regina (on The Application of) v Secretary of State for The Home Department: CA 9 Jun 2014

What is ‘totally without merit’? The claimant had sought judicial review. Her case had been certified as being ‘totally without merit’, thus denying to her any opportunity to renew her application for leave at an oral hearing, leaving only recourse to a judge of the Court of Appeal to consider the papers and decide whether … Continue reading Grace, Regina (on The Application of) v Secretary of State for The Home Department: CA 9 Jun 2014

Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008

Judicial Review must be timely The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits. Held: The court repeated the requirement that an application must be both timely and in any event made within three months. Both … Continue reading Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd: CA 10 Oct 2008

Regina (H) v Ashworth Hospital Authority and Others, Regina (Ashworth Hospital Authority) v Mental Health Review Tribunal for West Midlands and North West Region and Others: CA 28 Jun 2002

The patient was detained under the Act. The Mental Health Tribunal decided he should be released. The hospital disagreed. The patient continued to reside to the Hospital voluntarily, but the hospital viewed the decision to release him as . .

Reynolds v Stone Rowe Brewer (A Firm): QBD 18 Mar 2008

The solicitors appealed against the assessment of their costs. The judge had found that they had estimated their costs and applied a 15% margin of error. Held: the judge should have given reasons for his judgment to allow the parties to assess the prospects of an appeal. There had been unusual developments, but the estimates … Continue reading Reynolds v Stone Rowe Brewer (A Firm): QBD 18 Mar 2008

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

Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision. Held: Justices sitting as visitors were not sitting as judges as such, but in a domestic forum, and their decisions were … Continue reading Regina v Visitors to the Inns of Court ex parte Calder: CA 1993

Jones v University of Warwick: CA 4 Feb 2003

The claimant appealed a decision to admit in evidence a tape recording, taken by an enquiry agent of the defendant who had entered her house unlawfully. Held: The situation asked judges to reconcile the irreconcilable. Courts should be reluctant to create rules which would deny the admission of genuine evidence. Where a party behaved in … Continue reading Jones v University of Warwick: CA 4 Feb 2003

Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed. Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In … Continue reading Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

CIBC Mellon Trust Company and others v Mora Hotel Corp Nv and Another: CA 19 Nov 2002

A party had been ordered to pay into court as a condition of an application to set aside a judgment, a substantial sum in respect of past costs, and also as security for costs to be incurred. The defendant appealed. Held: The judge had not differentiated between the two. On an application for security for … Continue reading CIBC Mellon Trust Company and others v Mora Hotel Corp Nv and Another: CA 19 Nov 2002

Regina on the Application of Pharis v Secretary of State for the Home Department: CA 25 May 2004

The claimant appealed refusal of judicial review of the respondent’s decision to remove him to Nigeria. Held: The appeal was refused. The court said that in future the lodging of a notice of appeal should automatically stay any process of removal pending the appeal. This informal practice had been subject of considerable abuse, with spurious … Continue reading Regina on the Application of Pharis v Secretary of State for the Home Department: CA 25 May 2004

Dellal v Dellal and Others: FD 1 Apr 2015

The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim. Judges: Mostyn J Citations: [2015] EWHC 907 (Fam) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: Cited – Kemmis v Kemmis (Welland and Others Intervening) CA 1988 H had … Continue reading Dellal v Dellal and Others: FD 1 Apr 2015

Ingenico (UK) Ltd v Newt Ltd: IPO 18 Jan 2006

(Patent) The claimant sought to amend its statement by referring to a further prior art document. The defendant raised no objection, subject to an order for costs wasted in respect of the amendment. However in its subsequent counter-statement, the defendant said that the statement was lengthy, repetitive and could not be succinctly answered, and later … Continue reading Ingenico (UK) Ltd v Newt Ltd: IPO 18 Jan 2006

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

EAT PRACTICE AND PROCEDURE – Contribution PRACTICE AND PROCEDURE – Disclosure (1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability (Contribution) Act 1978 between persons jointly or concurrently liable for damage caused by an act of unlawful discrimination. Nor in any event does the 1978 Act create such … Continue reading Sunderland City Council v Brennan and Others: EAT 2 May 2012

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

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

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

Lait v Evening Standard Ltd: CA 28 Jul 2011

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

Sloutsker v Romanova: QBD 5 Mar 2015

The claimant sued for libel in respect of the publication in this jurisdiction of allegations of fabricating evidence, conspiracy to murder, and the bribery and corruption of the prosecutor and judges in criminal proceedings. The defendant now applied to set aside service of proceedings on her outside the jurisdiction.As to CPR 23.11, Warby J said: … Continue reading Sloutsker v Romanova: QBD 5 Mar 2015

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

D’Orta-Ekenaike v Victoria Legal Aid: 10 Mar 2005

(High Court of Australia) Legal practitioners – Negligence – Immunity from suit – Applicant sought legal assistance from first respondent, a statutory corporation deemed to be a firm of solicitors, in defence of criminal prosecution – First respondent retained second respondent, a barrister, to appear for applicant at committal proceedings – Applicant pleaded guilty at … Continue reading D’Orta-Ekenaike v Victoria Legal Aid: 10 Mar 2005

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

Thevarajah v Riordan and Others: SC 16 Dec 2015

The defendants had failed to comply with an ‘unless’ order requiring disclosure, and had been first debarred from defending the cases as to liability. They applied to a second judge who granted relief from sanctions after new solicitors had complied with the order. The claimant challenged the right of the second judge to grant such … Continue reading Thevarajah v Riordan and Others: SC 16 Dec 2015

Revenue and Customs v Blue Sphere Global Ltd: CA 16 Dec 2010

The respondent having successfully defended the claim by the Revenue, now sought its costs on an indemnity basis having made a Part 36 offer. The Revenue responded that Part 36 did not apply to such claims. Judges: Carnwath , Moses LJJ Citations: [2010] EWCA Civ 1448, [2011] STC 547, [2011] BVC 30, [2011] STI 129 … Continue reading Revenue and Customs v Blue Sphere Global Ltd: CA 16 Dec 2010

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

HM and Others (Article 15(C)) Iraq CG: UTIAC 22 Sep 2010

UTIAC Rule 9(5) of the Tribunal Procedure (Upper Tribunal) Rules 2008, which provides for UNHCR participation in Upper Tribunal proceedings as an intervener in an ‘asylum case’, is to be construed purposively to include subsidiary (humanitarian) protection. In deciding whether to accept an application by an appellant to withdraw an appeal in an asylum-related case … Continue reading HM and Others (Article 15(C)) Iraq CG: UTIAC 22 Sep 2010

CVB v MGN Ltd: QBD 3 May 2012

The claimant had obtained an anonymity order ex parte on commencing the proceedings. The defendant now objected. Held: The order that the Claimant be dispensed from giving her name and address on the claim form will be continued subject to conditions. Judges: Tugendhat J Citations: [2012] EWHC 1148 (QB) Links: Bailii Jurisdiction: England and Wales … Continue reading CVB v MGN Ltd: QBD 3 May 2012

Forcelux Ltd v Binnie: CA 21 Oct 2009

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

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

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

Feldbrugge v The Netherlands: ECHR 29 May 1986

The court was asked whether the applicant’s entitlement to a statutory sickness allowance, which was a contributory scheme but for which she had not registered due to illness, was a civil right within the meaning of article 6. Held: The applicant claimed a right ‘flowing from specific rules laid down by the legislation in force’ … Continue reading Feldbrugge v The Netherlands: ECHR 29 May 1986

Tombstone Ltd v Raja and Another; Raja v Van Hoogstraten and others (No 9): CA 17 Dec 2008

The claimant complained of an irregularly obtained judgment. The defendant had obtained an amendment to a writ of sequestration in the course of a bitterly fought dispute bewteen the defendant and the owner of the claimant. The judge had found the irregularity proved, but declined to set the order aside. The claimant now said that … Continue reading Tombstone Ltd v Raja and Another; Raja v Van Hoogstraten and others (No 9): CA 17 Dec 2008

Hall and others v Stone: CA 18 Dec 2007

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

Hardy and others v Fowle and Another: ChD 26 Oct 2007

Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered. Held: The lease had been surrendered by a deed. The defects in notice alleged did not affect the result. The bank’s claim under estoppel was made out. Judges: John Randall … Continue reading Hardy and others v Fowle and Another: ChD 26 Oct 2007

ICI Chemicals and Polymers Ltd v TTE Training Ltd: CA 13 Jun 2007

The Defendant had applied for summary judgment under CPR Part 24. One argument was a short point of construction. The Judge suggested the parties agree that he should decide the point as a preliminary issue. They were unwilling so he proceeded on the basis that he should apply the Part 24 test. He dismissed the … Continue reading ICI Chemicals and Polymers Ltd v TTE Training Ltd: CA 13 Jun 2007

Adelson and Another v Associated Newspapers Ltd: CA 9 Jul 2007

The claimant sought to add the name of a further claimant. The defendant objected, saying that it was after the expiry of the limitation period. Held: The claimant was seeking to use the rules for substitution of parties to add a party. In defamation law, the claim of each claimant was a single and separate … Continue reading Adelson and Another v Associated Newspapers Ltd: CA 9 Jul 2007

Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

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

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

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

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

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

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

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

In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue orders were sought. Held: The court found the evidence given by the expert for the mother’s unconvincing. There … Continue reading A and D v B and E: FD 13 Jun 2003

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

Officers of the claimant had been found to have defrauded the plaintiff of many millions of pounds. Money had been paid through the defendant, a Swiss bank, and a garnishee order was sought. There was no presumption that, merely because a debt was a foreign debt, garnishee relief should be refused. The real issue was … Continue reading Kuwait Oil Tanker Company S A K Sitka Shipping Incorporated v UBS Ag: CA 25 Jan 2002

Stokes Pension Fund v Western Power Distribution (South West) Plc: CA 11 Jul 2005

Contractors employed by the defendant had wrongfully cut down trees on the claimant’s land. The defendant had offered to settle the plaintiff’s claim with interest. The claimant did not accept the offer. Held: The judge had not made allowance for the offer because it had not been followed by a payment in. The rules gave … Continue reading Stokes Pension Fund v Western Power Distribution (South West) Plc: CA 11 Jul 2005

Sekhon, etc v Regina: CACD 16 Dec 2002

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

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

London Borough of Enfield v Sivanandan: CA 20 Jan 2005

The employee first issued a claim in the employment tribunal, and then in the High Court. The defendant company argued that the tribunal proceedings were not concluded before the High Court proceedings were issued, but only later when they were struck out. The employee said she had withdrawn them. Held: The withdrawal of tribunal proceedings … Continue reading London Borough of Enfield v Sivanandan: CA 20 Jan 2005

Shahar v Tsitsekkos and others: ChD 17 Nov 2004

The defendant wished to make a claim against another party outside the jurisdiction and was granted permission to serve documents which were headed ‘defence and counterclaim’. The proposed defendant argued that such a document could be served in this way. Held: The defendant should apply to the court for leave to add the party outside … Continue reading Shahar v Tsitsekkos and others: ChD 17 Nov 2004

Yenula Properties Ltd v Naidu: ChD 18 Jul 2002

The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 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

PHD Modular Access Services Ltd v Seele, Gmbh: TCC 8 Aug 2011

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

Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers and Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation: CA 21 Dec 2001

Claimants sought damages for personal injuries after immunisation with the MMR vaccine. Citations: [2001] EWCA Civ 2027 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Citing: Cited – Davies v Eli Lilly and Co (Opren Litigation) CA 1987 The powers in the section together with the power to make orders for costs under … Continue reading Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers and Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation: CA 21 Dec 2001

Parsons and Another v George and Another: CA 13 Jul 2004

The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time. Held: Proceedings under the 1954 Act were not within the proceedings listed by CPR 19.5 since the … Continue reading Parsons and Another v George and Another: CA 13 Jul 2004

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

Piggott v Aulton (Deceased): CA 29 Jan 2003

The claimant had issued proceedings against the deceased after his death, but before a personal representative had been appointed. They later discontinued and re-issued against the person appointed by the court to defend the action. The defendant then said the proceedings were an abuse of process, and pleaded a limitation defence. Held: The deceased was … Continue reading Piggott v Aulton (Deceased): CA 29 Jan 2003

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

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

Kellar v BBR Graphic Engineers (Yorks) Ltd: ChD 2002

The court was asked whether the district judge had applied the right test on an application to set aside a statutory demand because the conclusions of the district judge referred to a real prospect of success, the test used in CPR 24.2, rather than the test of genuine triable issue. Held: The debate as to … Continue reading Kellar v BBR Graphic Engineers (Yorks) Ltd: ChD 2002

Godwin v Swindon Borough Council: CA 10 Oct 2001

The claimant appealed against an order striking out his claim for personal injuries. The claim had been issued in time, but not served. An extension of time was granted, and the notice sent by first class post the day before that period expired. The defendant had claimed that the rules deemed service on the second … Continue reading Godwin v Swindon Borough Council: CA 10 Oct 2001

Sarwar v Alam: CA 19 Sep 2001

Litigation had followed an accident. The claimant, a passenger, sought and won damages for personal injuries. He had taken out legal expenses insurance, and at dispute was the recovery of the cost of that insurance. He had been unaware of having the insurance and had also paid out for after the event insurance. He sought … Continue reading Sarwar v Alam: CA 19 Sep 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

Thomas v News Group Newspapers Ltd: CA 18 Jul 2001

The publication of articles in a newspaper describing how a ‘black clerk’ had complained about the allegedly racist comments of two policemen was said to have caused the claimant to receive racist hate mail. Held: The court considered the type of conduct which had to be proved to bring the case within the statute. Publication … Continue reading Thomas v News Group Newspapers Ltd: CA 18 Jul 2001

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

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

Regina v Taylor and Crabb: CACD 22 Jul 1994

The defendants had stood trial at the Central Criminal Court for murder. At the trial a witness anonymised as Miss A was allowed to give evidence anonymously, without revealing her address, behind a screen so arranged that she, the judge, jury and counsel could see each other directly but she and the defendants could not, … Continue reading Regina v Taylor and Crabb: CACD 22 Jul 1994

Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope for a further appeal to the House of Lords. It is not the … Continue reading Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

Banks and Another v Cox and Another: CA 17 Jul 2000

The court considered the principles of admitting new evidence on appeal after the introduction of the new rules. Moritt LJ: ‘In my view the principles reflecting in the rules in Ladd v Marshall [1954] 1 WLR 1489 remain relevant to any application for permission to rely on further evidence, not as rules, but as matters … Continue reading Banks and Another v Cox and Another: CA 17 Jul 2000

A (a Patient) v A Health Authority and Others; In re J (a Child); Regina (S) v Secretary of State for the Home Department and Another: CA 24 Jan 2002

The case asked how cases involving disputes as to the care of children, and of the treatment of adults claimed to be mentally incompetent. Where the issues were solely ones of public law, then they should be heard by way of judicial review in the QBD. Where any private law issues arose, they should be … Continue reading A (a Patient) v A Health Authority and Others; In re J (a Child); Regina (S) v Secretary of State for the Home Department and Another: CA 24 Jan 2002

Fieldman and Another v Markovitch and Another: CA 4 Jul 2001

Where a judge, on an oral application, gave leave to appeal, but limited it to certain issues, it was not for the party on the later substantive appeal to try again to re-open issues which that judge had considered and excluded. Once leave to appeal had been granted after first written and then oral submissions, … Continue reading Fieldman and Another v Markovitch and Another: CA 4 Jul 2001

General Mediterranean Holdings SA v Patel and Another: QBD 19 Jul 1999

The new Civil Procedure Rules were ultra vires and invalid insofar as they purported to remove any right of a solicitor’s client to assert his right of confidence as against his solicitor. The solicitor was therefore unable in this case to defend himself against a wasted costs order, but the court could allow for the … Continue reading General Mediterranean Holdings SA v Patel and Another: QBD 19 Jul 1999

Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004

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

Anglo Group Plc, Winther Brown and Co Ltd v Winter Brown and Co Ltd, BML (Office Computers) Ltd, Anglo Group Plc, BML (Office Computers) Ltd: TCC 8 Mar 2000

Contract – Contract for provision of computer services – purchaser contract with finance company – duty of co-operation to be implied in computer contracts – practice – responsibilities of expert witnesses generally – whether computer company liable to purchaser – whether purchaser liable to finance company.The parties disputed the delivery and quality of a computer … Continue reading Anglo Group Plc, Winther Brown and Co Ltd v Winter Brown and Co Ltd, BML (Office Computers) Ltd, Anglo Group Plc, BML (Office Computers) Ltd: TCC 8 Mar 2000

Regina (G) v Ealing London Borough Council and Others: QBD 28 Feb 2002

Nothing in the new rules prevented the court from allowing cross examination of witnesses in judicial review cases, though the procedure does not lend itself to cases with a high degree of factual debate. The court has a wide discretion, and the Wilkinson case seems to imply this. This applies notwithstanding that Part 54 appeared … Continue reading Regina (G) v Ealing London Borough Council and Others: QBD 28 Feb 2002

Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003

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

Ideal Shopping Direct Ltd and Others v Mastercard Incorporated and Others: CA 13 Jan 2022

Whether service of an unsealed amended claim form is good service and, if it is not, whether the failure to serve a sealed claim form is an error of procedure capable of rectification under CPR 3.10. Judges: Sir Julian Flaux, Chancellor of the High Court Lady Justice Elisabeth Laing And Lord Justice Birss Citations: [2022] … Continue reading Ideal Shopping Direct Ltd and Others v Mastercard Incorporated and Others: CA 13 Jan 2022

Deman v The Commission for Equality and Human Rights and Others: CA 16 Nov 2010

The court considered whether a judge sitting in the County court had power to sit alone and without assessors when determining an application to strike out a pleading. Held: He had that power. Judges: Sedley, Moses LJJ Citations: [2010] EWCA Civ 1279, [2011] CP Rep 12 Links: Bailii Jurisdiction: England and Wales Civil Procedure Rules … Continue reading Deman v The Commission for Equality and Human Rights and Others: CA 16 Nov 2010

Autorita per l’energia elettrica e il gas v Bertazzi (Order 2): ECJ 7 Mar 2013

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

IG Index Ltd v Cloete: CA 31 Jul 2014

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

Paragon Finance Plc (Formerly the National Home Loans Corporation Plc) v Pender and Pender: ChD 25 Nov 2003

Section 114 of the 1925 Act has no application to Registered Land. It provides for a transfer ‘unless a contrary intention is expressed’ in the mortgage. Thus if section 114 applies, all depends upon the true construction of the mortgage. The power under the Civil Procedure Rules to revoke an earlier order included a power … Continue reading Paragon Finance Plc (Formerly the National Home Loans Corporation Plc) v Pender and Pender: ChD 25 Nov 2003

Corporate Commercial Bank v Elit Petrol AD: ECJ 15 Jan 2020

(Area of Freedom, Security and Justice – Order) Reference for a preliminary ruling – Article 53 (2) of the Rules of Procedure of the Court – Judicial cooperation in civil matters – Insolvency proceedings – Retroactive modification of the conditions for the execution of reciprocal set-offs carried out with a bankrupt credit institution – State … Continue reading Corporate Commercial Bank v Elit Petrol AD: ECJ 15 Jan 2020

Iliffe and Another v Feltham Construction Ltd and Others: CA 9 Jul 2015

Appeal by the main contractor against a summary judgment on liability in favour of the building owners, in the context of multi-party litigation concerning fire damage. The issue in this appeal is whether, despite the building owners’ good prospects of success, the requirements for summary judgment set out in the Civil Procedure Rules (‘CPR’) are … Continue reading Iliffe and Another v Feltham Construction Ltd and Others: CA 9 Jul 2015

Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015

The claimant commenced an action here after suffering injury whilst in Egypt on an excursion organised under the control of the defendant. The defendant denied jurisdiction as regards the damage suffered. Held: The defendant’s appeal was allowed in part. The use of the word ‘damage’ in the Regulation could not be relied upon to create … Continue reading Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

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

UKI (Kingsway) Ltd v Westminster City Council: SC 17 Dec 2018

Short issue as to the requirements for valid ‘service’ of a completion notice so as to bring a newly completed building within liability for non-domestic rates. The notice had been served by email where no statutory authority existed for this. Held: The LA’s appeal succeeded. ‘Against the background of the detailed scheme established by or … Continue reading UKI (Kingsway) Ltd v Westminster City Council: SC 17 Dec 2018

Navarro v Commission: ECFI 9 Jun 2015

ECJ Judgment – Appeal – Public service – Contract staff – Recruitment – Call for expressions of interest – Minimum Qualifications – Commitment refusal – Violation of Article 116, paragraph 2 of the Rules of Procedure of the Civil Service – Error law – Distortion of the facts T-556/14, [2015] EUECJ T-556/14 Bailii European Employment … Continue reading Navarro v Commission: ECFI 9 Jun 2015

Dalton and Others v British Telecommunications Plc: QBD 13 Mar 2015

The court considered the success fee payable by a defendant employer in the (very common) situation where a claim for damages for noise-induced hearing loss is settled before a trial has commenced. The issue is whether, in that context, noise-induced hearing loss is to be regarded as a disease. Phillips J [2015] EWHC 616 (QB) … Continue reading Dalton and Others v British Telecommunications Plc: QBD 13 Mar 2015

Klausecker v Germany (Dec): ECHR 6 Jan 2015

ECHR Article 6 Civil proceedings Article 6-1 Access to court Limitations on access to domestic courts to review recruitment procedure before European Patent Office when reasonable alternative procedure (arbitration) available: inadmissible Facts – The applicant, who is disabled, applied for a post as a patent examiner at the European Patent Office (EPO) in Munich. Although … Continue reading Klausecker v Germany (Dec): ECHR 6 Jan 2015