By an application notice the First Defendant, Syleta Monica Susan Samuel, applies for an order that a probate claim brought by her sister, Merlina Jacqueline Samuel, be struck out as an abuse of process pursuant to CPR r 3.4(2)(b). Shortly stated, the basis for the application is that Merlina was a party to a probate … Continue reading Samuel v Samuel and Others: ChD 17 Dec 2018
A party to litigation made an offer on the day before trial of settlement without prejudice save as to costs. At trial it made an open offer in similar terms which was rejected. After reading a draft unfavourable judgment, the party applied to be allowed to accept the offer, contending that such an offer was … Continue reading Pitchmastic Plc v Birse Construction Ltd: QBD 8 Jun 2000
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
Citations: [1998] EWCA Civ 1842 Jurisdiction: England and Wales Citing: See also – McPhilemy v Times Newspapers Ltd and Others (2) CA 26-May-1999 The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very … Continue reading McPhilemy v Times Newspapers Limited; Clarke and Neil (1): CA 25 Nov 1998
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
The defendant’s witness statement referred to a letter written to him by the defendant’s solicitor. The claimant appealed refusal of an order for its disclosure. Held: The appeal failed. The letter was protected by legal professional privilege, and its mention in a statement did not automatically amount to waiver of that privilege. The rules referred … Continue reading Expandable Ltd and Another v Rubin: CA 11 Feb 2008
The court has a wide discretion whether to order the assessment of costs on an indemnity basis and the court of Appeal will rarely disturb the judge’s order as to costs.Judge LJ said: ‘By treating the absence of allocation to track as conclusive in my judgment District Judge Jenkins misdirected himself. The omission may have … Continue reading Voice and Script International Ltd v Alghafar: CA 8 May 2003
The parties had submitted costs estimates which proved later to be quite inadequate. Held: It was a central principle of the Civil Procedure Rules that costs should be controlled. Solicitors should file costs estimates not only at the allocation questionnaire stage but also at the listing questionnaire. The practice direction was framed in mandatory terms. … Continue reading Leigh v Michelin Tyre Plc: CA 8 Dec 2003
The defendant sought permission to bring contempt proceedings against former directors of the claimant company, saying that by means of false evidence they had secured an arbitration verdict. Held: A reckless disregard for the truth or falsity of a statement made and attested by a statement of truth but false was capable of supporting a … Continue reading Berry Piling Systems Ltd v Sheer Projects Ltd: TCC 28 Feb 2013
The claimant had lost his claim against the bank, but resisted the amount of costs claimed. Held: The trial had been of a simple factual dispute, and the bank had failed adequately to disclose electronically held material in its possession. The bank had also, and despite having inhouse counsel, employed disproportionately expensive lawyers. The bank … Continue reading Earles v Barclays Bank plc: Merc 8 Oct 2009
Appeal from an order dismissing the application of the defendants made under CPR Part 11 contesting the court’s jurisdiction and seeking a stay of proceedings. In giving permission to appeal Arnold LJ noted that grounds 1-3 raised important issues as to the jurisdiction of the court to determine the validity of foreign patents, relating to … Continue reading GW Pharma Ltd and Another v Otsuka Pharmaceutical Co Ltd: CA 8 Nov 2022
Application for further security for costs. Judges: Christopher Clarke J Citations: [2005] EWHC 2309 (Comm) Links: Bailii Statutes: Civil Procedure Rules 25.13.2(a) 25.13.2(g) Civil Procedure Rules Updated: 09 November 2022; Ref: scu.467277
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
ECJ Order – Civil service – Duty to provide assistance – Articles 12a and 24 of the Staff Regulations – Psychological harassment by a hierarchical superior – Production of a confidential document – Article 44(2) of the Rules of Procedure Citations: F-42/10, [2011] EUECJ F-42/10 Links: Bailii Cited by: Order – Skareby v Commission (Civil … Continue reading Skareby v Commission (Civil Service): ECJ 6 Apr 2011
The parties had had a part trial, and settled. The Gardian Newspaper now applied for disclosure of various documents to support a proposed news story. The parties had disputed payment to the claimant of commissions on the sales of military vehicles by the defendant to an overseas government. The disclosure was opposed by the defendants. … Continue reading Chan v Alvis Vehicles Ltd and Another: ChD 8 Dec 2004
A quia timet action in a defamation case must specify the precise words which are expected to be used. Citations: Times 28-Feb-1996, [1996] 3 All ER 707 Jurisdiction: England and Wales Cited by: Affirmed – Best v Charter Medical of England Ltd and Another CA 26-Oct-2001 The Civil Procedure Rules did not alter the previous … Continue reading British Data Management Plc v Boxer Commercial Removals Plc and Another: CA 28 Feb 1996
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
Football organisations applied to be joined to a case being remitted to the European Court for the purpose of giving their views on the questions raised. The European Court practice only allowed for states to act as interveners. The court had already recognised the significance of the question to be referred as to the licensing … Continue reading Football Association Premier League Ltd and Others v QC Leisure (A Trading Name) and Others: ChD 13 Nov 2008
(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
The court considered the approval required for an order under the 2002 Act. Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the ‘lifelong’ perspective of welfare in the Adoption and Children Act 2002 rather than the ‘minority’ perspective … Continue reading In re X and Y (Foreign Surrogacy): FD 9 Dec 2008
Where a patentee sues for infringement and then discontinues his claim against the alleged infringer and consents to the revocation of his patent, he may yet require the alleged infringer to pay a substantial proportion of his costs if he can show that this situation came about because the alleged infringer had amended his defence … Continue reading Baird v Moule’s Patent Earth Closet Co Ltd: CA 3 Feb 1876
The claimants sought unpaid royalties. The defendants sought to have the claim struck out as an abuse of process. Held: Such interlocutory applications alleging abuse of process should now be dealt with on the same footing as other applications for summary relief. The court had to be able to say with a high degree of … Continue reading Barrett v Universal-Island Records Ltd and Another: ChD 28 Mar 2003
The parties had litigated the validity of a patent. Judges: Lord Neuberger MR, Aikens, Lewison LJJ Citations: [2011] EWCA Civ 1288 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Baird v Moule’s Patent Earth Closet Co Ltd CA 3-Feb-1876 Where a patentee sues for infringement and then discontinues his claim against the alleged infringer … Continue reading Fresenius Kabi Deutschland Gmbh and Others v Carefusion 303 Inc: CA 8 Nov 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
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
Judgment in default had been entered against the defendant after the court had in its own discretion corrected an error in service of the claim form. The form had been served personally in Reykjavik, but that form of service was not allowed in Iceland. Held: The appeal was allowed. Rule 3.10 could not be used … Continue reading Olafsson v Gissurarson: QBD 8 Dec 2006
Further applications in defendant’s application for summary judgment and or security for costs in the claimant’s claim alleging copyright infringement. Held: The claimant was ordered to pay a sum of andpound;50,000 as security for costs.Kitchin J summarised the principles: ‘(i) the court has jurisdiction under rule 24.6 to make an order which is tantamount to … Continue reading Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011
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
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
The parties disputed whether their ancillary relief claim was to be heard under the Family Proceedings Rules or the Civil Procedure Rules where the substance was to seek an order setting aside assets transfers. Citations: [2011] EWCA Civ 39 Links: Bailii Jurisdiction: England and Wales Litigation Practice, Family Updated: 01 September 2022; Ref: scu.428309
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
The claimant appealed against an order striking out his claim and a consequential civil proceedings order had been made. Held: ‘ the statement of case in this action disclose no reasonable grounds for bringing any of these claims. Accordingly it must be struck out in its entirety. ‘ Judges: Tugendhat Citations: [2005] EWHC 550 (QB) … Continue reading Branch and others v Department for Constitutional Affairs: QBD 8 Apr 2005
The husband had obstructed ancillary relief proceedings, leading to prolonged hearings. The judge ordered a gross sum in costs, without allowing the husband to be heard first. Held: Under RSC Ord 62 r9(4) a judge could award a gross sum in lieu of taxed costs, and need not give any prior warning to the other … Continue reading Leary v Leary: CA 1987
Judges: MacDuff J Citations: [2010] EWHC 311 (QB), [2010] 3 Costs LR 402 Links: Bailii Statutes: Civil Procedure Rules 36 Jurisdiction: England and Wales Costs, Litigation Practice, Civil Procedure Rules Updated: 14 August 2022; Ref: scu.401923
The court examined the scope of CPR 6.30(2) in the context of an application for service on an officer resident in Greece of an order for his examination under CPR 71. Held: CPR 6.30(2) was concerned with documents requiring to be served on parties to the proceedings. Judges: Tomlinson J Citations: [2008] EWHC 378 (Comm), … Continue reading Vitol Sa v Capri Marine Ltd: ComC 29 Feb 2008
A company could give several people the power to appoint a receiver in respect of different elements of its assets. If this was done there was no fundamental reason why such appointments should not be put in effect. The appointment of one receiver did not, in the absence of explicit limitations to the contrary exhaust … Continue reading Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others: ChD 8 Feb 2000
The rejection of a Part 36 offer does not render it incapable of later acceptance. Judges: Coulson J Citations: [2008] EWHC 2616 (TCC) Links: Bailii Statutes: Civil procedure Rules Part 36 Jurisdiction: England and Wales Cited by: Cited – Gibbon v Manchester City Council, L G Blower Specialist Bricklayer Ltd, Reeves and another CA 25-Jun-2010 … Continue reading Sampla and Others v Rushmoor Borough Council and Another: TCC 22 Oct 2008
The claimant had been banned from public houses under the Haverhill Pub Watch scheme. He now sought judicial review of a decision to extend his ban for a further two years. The Scheme argued that it was not a body amenable to judicial review, and did not exercise ‘functions of a public nature’; the claimant … Continue reading Boyle, Regina (On the Application of) v Haverhill Pub Watch and Others: Admn 8 Oct 2009
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
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
application by the Defendant to set aside judgment in default of defence for a sum to be determined. Citations: [2019] EWHC 1904 (QB) Links: Bailii Statutes: Civil Procedure Rules 12 Jurisdiction: England and Wales Litigation Practice Updated: 25 July 2022; Ref: scu.639725
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
The claimant sought specific performance of a contract for the sale of land. The purchase was under an option agreement. The option was exercisable on the grant of planning permission within a certain period, extensible in the case of an appeal. Held: The contract did not impose much by way of obligation on the buyer … Continue reading Chantry Estates (South East) Ltd v Anderson and Another: ChD 3 Oct 2008
The defendant in the main action sought a third party costs order. Judges: Morgan J Citations: [2008] EWHC 192 (Ch) Links: Bailii Statutes: Civil Procedure Rules 48.2 Jurisdiction: England and Wales Cited by: Cited – Thomson v Berkhamsted Collegiate School QBD 2-Oct-2009 Costs were to be sought against third parties to the action. A pupil … Continue reading PR Records Ltd v Vinyl 2000 Limited and others: ChD 15 Jan 2008
Costs in a housing disrepair case: ‘The question which we have to consider arises where, on receipt of that notification, the landlord promptly carries out the repairs. If he does, that will remove from the tenant’s claim in the court action subsequently brought any application for specific performance of the repairing covenant, but will, very … Continue reading Birmingham City Council v Lee: CA 30 Jul 2008
The claimant sought damages in negligence against solicitors who had advised the executors in an estate of which he was a beneficiary. He now sought to amend his claim to make a claim in his personal and in derivative capacities. Sums had been paid out of the estate which had defeated the inheritance rights of … Continue reading Roberts v Gill and Co and Another: CA 15 Jul 2008
The claimant had succeeded in her claim and had recovered more than the sum paid in by the defendant, and now appealed an order for costs in favour of the defendant. Held: The award of costs to a successful claimant achieving more than any sum paid in was not automatic. Where the court felt that … Continue reading Carver v BAA Plc: CA 22 Apr 2008
Judges: Akenhead J Citations: [2008] EWHC 123 (TCC) Links: Bailii Jurisdiction: England and Wales Civil Procedure Rules Updated: 13 July 2022; Ref: scu.264015
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 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
The parties had disputed the terms of a construction contract, but it was settled very shortly after issue of proceedings. The court was asked whether only fixed costs should be payable if the defendant to an issued claim admits or pays the sum claimed within a few days of the issue on or before the … Continue reading Amber Construction Services Ltd v London Interspace Hg Ltd: TCC 18 Dec 2007
The claimant had offered to accept damages subject to a 50% finding of contributory negligence. The defendant did not accept. That was the exact order made. The claimant appealed refusal to award her costs on the standard basis to the time for acceptance of the offer and thereafter on an indemnity basis. Held: The judge … Continue reading Read v Edmed: QBD 8 Dec 2004
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
The claimant asserted that the 1998 Act created rights between the parties that are in substance though not in form of a contractual nature; and rights to compensation for infringement of those primary rights of a nature that did not previously exist in English domestic law. He said that when the defendant had proceesed information … Continue reading Johnson v The Medical Defence Union: CA 28 Mar 2007
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
Opposed application for an order for the provision of further information under CPR 18.1. Judges: Briggs J Citations: [2010] EWHC 1416 (Ch) Links: Bailii Statutes: Civil Procedure Rules 18.1 Jurisdiction: England and Wales Citing: See Also – Lexi Holdings (In Administration) v Pannone and Partners ChD 26-Oct-2009 The parties sought preliminary decisions in their court … Continue reading Lexi Holdings (In Administration) v Pannone and Partners: ChD 18 Jun 2010
Objection was made to the use of an expert witness who had formerly been a senior employee of the defendant. Held: The court set out criteria for testing the independence of a proposed expert witness: ‘i) It is always desirable that an expert should have no actual or apparent interest in the outcome of the … Continue reading Armchair Passenger Transport Ltd v Helical Bar Plc and Another: QBD 28 Feb 2003
The claimant sought damages after being severely injured in a road traffic accident in Australia caused by the defendant. The defendant denied that the court had jurisdiction to permit service out of the jurisdiction. The claimant said that the issues were not as to liability but as to quantum. Held: The defendant’s application failed. The … Continue reading Cooley v Ramsey: QBD 1 Feb 2008
The defendants sought an order for payment of their costs by the claimants solicitors who, they said had wasted them Judges: Stephen Davis J Citations: [2012] EWHC 2628 (TCC) Links: Bailii Statutes: Senior Courts Act 1981 51(3), Civil Procedure Rules 48.2 Jurisdiction: England and Wales Costs, Civil Procedure Rules Updated: 04 July 2022; Ref: scu.465189
The Defendants were accountants who had been sued through their partnership in KPMG. They had been granted a order for their costs. They sought payment for the time they had spent prersonally in preparing their defences. Held: As professionals there was no reason to distinguish the cost to the defendants of resisting the claims in … Continue reading Sisu Capital Fund Ltd and others v Tucker and others: 28 Oct 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
Each side had succeeded in part on their claims and counterclaims, but the Respondent was andpound;5,000 out of pocket. Each party had been ordered to pay the costs of the other. Held: The appeal succeeded. The judge had correctly recognised the difficulty of settling costs on an issue by issue basis, but should have considered … Continue reading Burchell v Bullard and others: CA 8 Apr 2005
The claimant had sought an extension of time for service of her claim form in her action for personal injury. The solicitors in error did not include the words ‘claim form’ in their request. The judge had initially held the error was one of drafting not of procedure, and refused rectification. Held: The distinction was … Continue reading Steele v Mooney and others: CA 8 Feb 2005
The court found no reason why the courts should apportion costs on a case in accordance with the degree of fault found in a collision giving rise to a claim. Judges: Aikens J Citations: [2008] EWHC 1880 (Admlty), Times 20-Oct-2008 Links: Bailii Statutes: Civil Procedure Rules 44.3(2)(a) Jurisdiction: England and Wales Transport, Costs, Civil Procedure … Continue reading Maritime Inc (Krysia) v Intership Ltd: Adct 1 Aug 2008
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
The claimant appealed against a costs award made to him when acting as a litigant in person. Held: The appeal was allowed. A litigant in person may be able to claim for the costs of his research, subject to the cap in the rules. Schiemann LJ said: ‘If one reads together 48.6(2) and (4) one … Continue reading Wulfsohn, Regina (on the Application of) v Legal Service Commission: CA 8 Feb 2002
The claimants renewed their application for permission to appeal from an order granting an application made by the defendant, Talksport Ltd, to exclude certain evidence which the claimants appeared to wish to adduce at the trial of the action. Mr Irvine, a famous racing driver, talked of the defendant’s use of his image for advertising … Continue reading Irvine and Another v Talksport Ltd: CA 18 Jan 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
The three rules listed in the Civil Procedure Rules, should also be applied in the Admiralty and Commercial Courts, with effect from March 25 2002. Child marks the change over to the Civil Procedures Rules from the Commercial Court Guide, for much business in those courts, and a new edition of the Guide has been … Continue reading Practice Statement (Admiralty and Commercial Courts: Procedure): ChD 18 Mar 2002
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
The defendants had been given extended time to comply with an order for pre-action discovery. Leave to appeal had been granted, with a stay, but there was confusion as to whether expedition was also ordered. The current date had been fixed, but application was now made for that date to be vacated. Held: The court … Continue reading Black and Another v Sumitomo Corporation and others: CA 28 Sep 2001
Application for leave to appeal out of time and for admission of new evidence discovered only after trial. Held: Granted. Judges: Peter Gibson, Clarke LJJ Citations: [2001] CPLR 355, [2001] EWCA Civ 906, [2001] CP Rep 89 Links: Bailii Jurisdiction: England and Wales Civil Procedure Rules Updated: 13 June 2022; Ref: scu.201134
There had been a collision at sea. Held: (Addendum) Where the admiralty court sought advice from assessors, modern good practice required that the advice should be disclosed to the parties advisers and that they have opportunity to comment. Nautical assessors are experts within the Rules. The practice set out in the Hannibal did not fulfil … Continue reading ‘Bow Spring’, Owners of Ship v ‘Manzanillo Ii’, Owners of Ship: CA 28 Jul 2004
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
Nieces had fallen out over their aunt’s estate. One niece had been closer than the others, and despite not properly understanding what she was doing the deceased had made lifetime gifts to the niece who was now executor. She appealed a finding of having an obligation as executor to reinstate the estate despite not herself … Continue reading Jennings and Another v Cairns: CA 18 Nov 2003
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
The claimant had recovered damages, but was ordered to pay costs since she had recovered less than was paid in. She appealed. Held: There were anomalies in the system with regard to the recoverable social security benefits. The sums recoverable were not reduced in line with any reduction for contributory negligence, benefits could be recovered … Continue reading Williams v Devon County Council: CA 18 Mar 2003
The claimant in a defamation case appealed a decision to strike out his claim on the basis that it was an abuse of process, being intended to act as an harassment of the defendant, or to cause commercial embarrassment or undue cost. Held: Applying Broxton, the case was properly struck out. The test of abuse … Continue reading Wallis v Valentine and Others: CA 18 Jul 2002
ECFI 1 Far from enjoying the same rights to a fair hearing as those which individuals against whom a procedure has been instituted are recognised as having, concerned parties, within the meaning of Article 93(2) of the Treaty, have only the right to be involved in the administrative procedure to the extent appropriate in the … Continue reading British Airways and others and British Midland Airways v Commission: ECFI 25 Jun 1998
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
The court has a power to order substitution of a party though the limitation period, and even the ‘long stop’ limitation period had expired. The claimant child sought damages after a vaccination. The batch had been attributed to the wrong manufacturer, and the error only came to light outside the limitation period. It was said … Continue reading Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001
A newspaper, not party to the proceedings, sought access to the Court files, anticipating a significant journalistic story. Held: Park J allowed the application for copies of certain pleadings and witness statements that had been placed before the court at a hearing in public, even though the application was made after the case had settled. … Continue reading Chan U Seek v Alvis Vehicles Ltd: ChD 8 Dec 2004
It was wrong to deprive a party of his costs because only of his failure to serve an appropriate schedule of costs at least 24 hours before the summary assessment hearing. The court should consider first, a brief adjournment, and second whether the case should be stood over for a detailed assessment, and third whether … Continue reading MacDonald v Taree Holdings Ltd: ChD 28 Dec 2000
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
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
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
The widow appealed against strike out of her claim under the 1975 Act. It had been filed with several mistakes and only just in time. Held: Her appeal succeeded. Though the defects were real and to be deplored, the paperwork contained all the necessary information: ‘The ‘quirky’ petition was filed at the Stafford County Court … Continue reading Hannigan v Hannigan: CA 18 May 2000
Referring to the new Civil Procedure Rules: ‘These guidelines … create an entirely new climate in which the court is required to examine the plaintiff’s conduct by reference to the overall interests of justice and fairness (including considerations of public importance reflecting the interests of other litigants, and the interests of the court, to ensure … Continue reading Lace Co-Ordinates Ltd v Nem Insurance Co Ltd: CA 19 Nov 1998
‘The appeal concerns the operation of the qualified one-way costs shifting regime (known as ‘QOCS’) contained in Section II of Part 44 of the Civil Procedure Rules (‘CPR’). The Judge decided that QOCS applied, automatically, to protect Ms Brown against any adverse costs order which might be made against her in the Police’s favour. The … Continue reading Police of The Metropolis v Brown: QBD 31 Jul 2018
The district auditor had issued a certificate under the 1982 Act surcharging the appellant councillors in the sum of 106,103, pounds being the amount of a loss incurred or deficiency caused, as the auditor found, by their wilful misconduct. Held: An aggrieved objector to local government spending should pursue his rights under the Act and … Continue reading Lloyd v McMahon: HL 12 Mar 1987
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
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 respondent, a neighbour of the claimant, had fallen into dispute with the claimant, and issued a leaflet and signs alleging fraud. The claimants obtained an injunction, and in the absence of a substantive defence, judgement. He claimed that the judgement had deprived him of his right to a jury trial because the case involved … Continue reading Safeway Stores Plc v Albert Tate: CA 18 Dec 2000
A surveillance film of a claimant was a document within the rules. The rules make no specific provision for the admission of such material for the purposes of cross examination of a claimant. A party proposing to use such material was under all the obligations which would apply to other documents as to disclosure and … Continue reading Sally Rall v Ross Hume: CA 8 Feb 2001
Citations: [2001] EWCA Civ 1213 Links: Bailii Statutes: Civil Procedure Rules 32 Jurisdiction: England and Wales Citing: Appeal from – Grobbelaar v Sun Newspapers Ltd CA 9-Jul-1999 With the new Civil Procedure Rules, it was no longer correct that a court could not exclude evidence which was relevant, on the grounds that its probative value … Continue reading Grobbelaar v News Group Newspapers and Another: CA 18 Jan 2001
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
The procedures set down by the new CPR Part 23 should be followed in the interim applications and companies courts. Those appearing should also make themselves aware of the amendments in the new Guide to Chancery Practice. Citations: Times 04-May-1999 Statutes: Civil Procedure Rules Part 23 Jurisdiction: England and Wales Litigation Practice Updated: 19 May … Continue reading Practice Note (Chancery Division: Civil Procedure Rules): ChD 4 May 1999
The Civil Procedure Rules have not changed the common law rules which say that an interlocutory order for costs could not be varied by another judge sitting at first instance, except only in exceptional circumstances where it appeared for example that fraud might be involved. To do so would be for the court to act … Continue reading Commissioners of Customs and Excise v Anchor Foods Ltd (No 3): ChD 8 Jul 1999
Wills J said: ‘All the common law statutes as to interpleader are now repealed and the right to that class of relief is regulated by Order LVII, by which the old practice of the Court of Chancery is modified’. Judges: Wills J Citations: (1886) 16 QBD 686 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Reading v The London School Board: 1886
Directions supplemental to the new Civil Procedure Rules are brought in from 26 April 1999 and apply in the QBD, Chancery and County Courts save in Family Cases. Long list of supplemental practice directions also handed down. Citations: Times 26-Apr-1999 Jurisdiction: England and Wales Litigation Practice Updated: 11 May 2022; Ref: scu.84850