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
No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court. Held: The governor was in contempt of court. Subject to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981
Disruption of court proceedings – whether contempt in face of court. Judges: Coulson LJ, Spencer J Citations: [2019] EWHC 1483 (Admin), [2019] WLR(D) 332 Links: Bailii, WLRD Statutes: Civil Procedure Rules 81 Jurisdiction: England and Wales Contempt of Court, Civil Procedure Rules Updated: 11 July 2022; Ref: scu.639230
Breach of Undertaking went Beyond Debt The tenant had obtained a stay of execution of a warrant for possession, by undertaking to discharge the arrears. He failed to pay, and the Court now considered whether such a failure was a contempt with a possible imprisonment for punishment. The tenant appealed from such an order saying … Continue reading Hussain v Vaswani and Others: CA 18 Sep 2020
The defendant applied to the court for various officers of the cliamant companies to be subject to contempt proceedings. The claimants asked the court to strike of the defendant’s counterclaim and to make a civil restraint order against him. There had been long standing disputes between them. Held: The court found that the initial threshold … Continue reading Stobart Group Ltd and Others v Elliott: QBD 11 Apr 2013
There had been a consent order in the terms of an unless order giving the landlord an order for possession unless the tenant paid sums by a certain date, time being of the essence. The order was not complied with and the tenant applied for a . .
The defendant was said to have acted in contempt but only after the family proceedings were concluded. The court was now asked whether such an application was to be made in the High or the Family Court.
Held: The material date was that on . .
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
The court was asked as to what issues were relevant when considering an application to set aside judgment in default and in particular when asking ‘whether the person seeking to set aside the judgment made an application to do so promptly’. Judges: Ward, Sedley, Smith LJJ Citations: [2009] EWCA Civ 1222, [2010] CP Rep 10 … Continue reading Mullock v Price (T/A The Elms Hotel Restaurant): CA 15 Oct 2009
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005
The applicant had been made subject of an order preventing his employment as a clerk by any firm of solicitors. A costs order accompanied that order. The order was later the subject of a default costs certificate. He sought to appeal that certificate. Held: The correct and only way to challenge such an order was … Continue reading Adoko v Office for the Supervision of Solicitors: Admn 15 Jul 2003
The test to be applied to the question of summary disposal under s.8 of the 1996 Act is the same as that under CPR Part 24. Judges: Early J Citations: [2000] EMLR 681 Statutes: Defamation Act 1996 8, Civil Procedure Rules 24 Jurisdiction: England and Wales Cited by: Cited – Downtex v Flatley CA 2-Oct-2003 … Continue reading James Gilbert Ltd v MGN Ltd: 2000
Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017
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
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 case had concluded. Offers of settlement had been made and the operative one included an offer on the interest payable. The court came to decide how the interest part of the offer was to be considered when assessing whether the judgment bettered the offer. It was noted that an offer on costs was to … Continue reading Ali Reza-Delta Transport Co Ltd v United Arab Shipping Co Sag: CA 17 Jun 2003
The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings. Held: The transfer moved tenants from the secure tenancy regime to the assured tenancy regime, with different notices and procedures. The notices were not significantly … Continue reading Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 2003
Judges: Mr Justice Aikens Citations: [2007] EWHC 11 (Comm), [2007] 1 Lloyd’s Rep 693, [2007] BusLR D69, [2007] ArbLR 19 Links: Bailii Statutes: Arbitration Act 1996 68(2)(g) 80(5), Civil Procedure Rules 62.9(1)(a) Jurisdiction: England and Wales Arbitration Updated: 22 November 2022; Ref: scu.248268
The new Civil Procedure Rules had not substantially affected the rules on costs following the event of a trial. The discretion in a judge as to the order for costs had been correctly stated in Elgindata, and approved in Phonographic Performance Ltd v AEI Rediffusion Music Ltd. Citations: Times 30-Mar-2000 Jurisdiction: England and Wales Citing: … Continue reading Gwembe Valley Development Co Ltd (In Receivership) v Koshy and Others (No 2): ChD 30 Mar 2000
The issue was the appropriateness of a Court striking an action out where there has been considerable delay if: (i) the cause of action relied upon by the plaintiff in the proceedings would be statute barred if the action were to be struck out, but (ii) the plaintiff has another cause of action upon which … Continue reading Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997
The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009
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
The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that … Continue reading HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007
The parties experts had met and agreed evidence, but the claimant’s expert later changed his mind. She now appealed being refused permission to bring additional evidence. Held: The meeting of experts was to encourage them to seek agreement. The fact that an expert had changed his mind would not alone be sufficient to call additional … Continue reading Stallwood v David and Another: QBD 25 Oct 2006
Judges: Costs Judge Leonard Citations: [2022] EWHC 2561 (SCCO) Links: Bailii Statutes: Civil Procedure Rules 36.20(1), (2) (4) Jurisdiction: England and Wales Costs Updated: 04 November 2022; Ref: scu.682260
The court considered the institution of proceedings for contempt of court based upon an allegation that a document filed in court proceedings and supported by a statement of truth was false. In this case the defendant argued that the first claimant had grossly exaggerated his injuries. The second claimant had come to admit the falsity … Continue reading Nield and Another v Loveday and Another: Admn 13 Jul 2011
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
IPO Just before the parties were due to be heard in a dispute over ownership of an application under the Patent Co-operation Treaty, the issue was raised of the validity of an assignment which appeared to cover all rights to the inventive matter contained in the application. As this was a point of central importance … Continue reading Azam and Livesey (Patent): IPO 22 Dec 2010
The claimant sought a declaration that an offer earlier given to settle the action was no longer open for acceptance not having been accepted. Judges: Warren J Citations: [2010] EWHC 2940 (Ch), [2010] 47 EG 140, [2011] 1 WLR 331, [2011] 3 EG 84 Links: Bailii Statutes: Civil Procedure Rules 3(1)(m) 36 Jurisdiction: England and … Continue reading C v D and D2: ChD 16 Nov 2010
The defendant had settled the claim for damages for personal injury. His payment in had been rejected, but the claimant won a smaller sum at trial. He now argued that the claimant should not receive the full 100% costs uplift provided. Held: The defendant’s appeal was dismissed. ‘Section III of Part 45 contains a carefully … Continue reading Lamont v Burton: CA 9 May 2007
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
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
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
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
Application for permission to appeal in respect of a refusal by a County Court Judge to grant permission to appeal from a District Judge. It is also an application for permission to appeal against the costs, assessed at pounds 280, which were awarded against the applicant by the County Court Judge. Citations: [2001] EWCA Civ … Continue reading French v French and Another: CA 6 Apr 2001
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
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
The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the offer it had already made. Held: The defendant, otherwise successful on appeal, should be … Continue reading Dunnett v Railtrack plc: CA 22 Feb 2002
Concerning challenges to leave to appeal: ‘(if) the Judge was misled by an Appellant, not necessarily deliberately, into giving permission to appeal, that may well be a compelling reason within the Rule. It must . . involve showing (a) that the materials put before the judge were inaccurate or incomplete; (b) that these deficiencies had … Continue reading Hertsmere Borough Council v Harty and others: CA 21 Jun 2001
The claimant 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
Defendants appealed against an order refusing an order to restrain service of the proceedings on certain defendants outwith the jurisdiction. The claimant was seriously injured holidaying at a resort managed by the several defendants in Jamaica in various ways. The defendants argued that the proper forum was Jamaica. Held: The decision as to forum conveniens … Continue reading Owusu v Jackson, Mammee Bay Resorts Limited etc: CA 19 Jun 2002
The defendant company sought to appear by a lay representative in a small claims track case in a county court. The court did not allow that, and the only representative was a director with limited English. The company appealed. Held: The normal rule as to representation of companies did not apply in cases allocated in … Continue reading Sunrule Ltd v Avinue Ltd: CA 26 Nov 2003
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
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
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 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 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
The claimant sought an order for enhanced disclosure. Judges: Gloster DBE J Citations: [2010] EWHC 2010 (Comm) Links: Bailii Statutes: Civil Procedure Rules 31.5(1) Jurisdiction: England and Wales Litigation Practice Updated: 29 August 2022; Ref: scu.425307
The claimant had cohabited with the deceased. After his death, she applied for a grant of letters of administration in his estate, but this was rejected on the basis that she had no sufficient interest to make a claim to probate. The deceased had died but shortly after his divorce the defendants said that he … Continue reading O’Brien v Seagrave and Another: ChD 23 Mar 2007
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 applicant had failed to comply with an unless order, delivering his expert evidence some 20 minutes late. The evidence had not been allowed. They appealed. Held: The claim was re-instated. This was not the first occasion of default. Nevertheless, the rules listed several matters to be considered, and the judge must apply his mind … Continue reading R C Residuals Ltd (formerly Regent Chemicals Ltd) v Linton Fuel Oils Ltd: CA 2 May 2002
Application for relief from sanctions made pursuant to CPR 3.9(1) Judges: Henry Carr QC Citations: [2014] EWHC 1878 (Ch) Links: Bailii Statutes: Civil Procedure Rules 3.9(1) Jurisdiction: England and Wales Litigation Practice Updated: 24 August 2022; Ref: scu.526609
The defendants appealed an award of costs on an indemnity basis against them in the favour of a legally aided claimant. Held: Indemnity costs were often intended to indicate disapproval of a party’s behaviour in an action, and were awarded in several and discretionary circumstances. It was not an objection of principle to say that … Continue reading Brawley v Marczynski and Another: CA 21 Oct 2002
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
Application under CPR r81.14(1) for permission to bring proceedings for committal for interference with the administration of justice. That is covered by Section III of CPR Part 81 (r81.12 to r81.14). The interference relied on is the use of documents disclosed in an action for a collateral purpose, contrary to CPR r31.22 Judges: Birss J … Continue reading Grosvenor Chemicals Ltd and Others v UPL Europe Ltd and Others: ChD 26 Jul 2017
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
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
Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr Binnie fell into arrears and Forcelux obtained a default judgment against … Continue reading Forcelux Ltd v Binnie: CA 21 Oct 2009
The 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 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
Coulson J considered RSC Order 52 to decide whether he had jurisdiction to hear a complaint of contempt of court arising from statements filed in County Court proceedings and said to be false. Held: He did have jurisdiction: ‘At the outset of the trial, I raised with the parties my concern as to jurisdiction. This … Continue reading Walton v Kirk: QBD 3 Apr 2009
Where it was alleged that shares in a UK company had been sold at an undervalue, so as to allow a challenge in insolvency proceedings, the leave of the court was still required if the pleadings were to be served abroad. When the court considered such an application, it had to look not just at … Continue reading In Re Banco Nacional De Cuba: ChD 7 Jun 2001
Application by the Claimant seeking the anonymisation of the parties in this litigation and corresponding reporting restrictions preventing the parties being identified. Held; Refused (retained subject to appeal) Judges: The Honourable Mr Justice Nicklin Citations: [2022] EWHC 1908 (QB) Links: Bailii Statutes: Contempt of Court Act 1981 11, Human Rights Act 1998 6, Civil Procedure … Continue reading EGC v PGF NHS Trust: QBD 19 Jul 2022
The claimant police officer complained of an alleged defamation in an article published by the defendant. The defendant wished to obtain information from the IPCC to show that they were investigating the matter as a credible issue. The court considered applications relating to the disclosure of private materials given to the Independent Police Complaints Commission … Continue reading Flood v Times Newspapers Ltd and others: QBD 5 Mar 2009
A court hearing an appeal under the Act, and deciding whether or not to admit new evidence, must now bear in mind the overriding objectives of litigation as defined, and also the need for proportionality. In this case, the pre-hearing procedures had failed to identify the real issues between the parties, and justice required that … Continue reading In Re Club Europe Trade Mark: ChD 2 Sep 1999
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
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
Various parties had sought relief in the English courts and in Switzerland after an alleged fraud. There had been a mistake in service of the proceedings in England. The high court had dispensed with service an backdated the effect of the order to pre-date the Swiss proceedings. The court of appeal set aside the backdating … Continue reading Phillips and Another v Symes and others: HL 23 Jan 2008
The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against … Continue reading Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007
Application, issued on 2.7.15, of the Applicant for pre-action disclosure under CPR r.31.16 Judges: Behrens HHJ Citations: [2016] EWHC 381 (QB) Links: Bailii Statutes: Civil Procedure Rules 31.16 Jurisdiction: England and Wales Civil Procedure Rules Updated: 12 July 2022; Ref: scu.562168
The appellants appealed against a refusal to strike out as an abuse of process the respondent’s claim against them for professional negligence in the drafting of development agreements.Buxton LJ considered the nature of the enquiry on such an application: ‘The court . . has to consider, by an intense focus on the facts of the … Continue reading Taylor Walton (A Firm) v Laing: CA 15 Nov 2007
The claimants, a firm of accountants, sued their former clients for unpaid fees. The defendant company counterclaimed for professional negligence. The claimant had expended andpound;5.6m in costs. The claimants now sought a non-party costs order against former directors of the company, which had gone into administration. They said that the company’s counterclaim was built on … Continue reading Chantrey Vellacott v The Convergence Group Plc and others: ChD 31 Jul 2007
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
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
Application for disclosure against a non-party. Citations: [2006] EWHC 2756 (TCC) Links: Bailii Statutes: Supreme Court Act 1981 34, Civil Procedure Rules 1998 31.17 Litigation Practice, Civil Procedure Rules Updated: 08 July 2022; Ref: scu.246935
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland. Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be … Continue reading Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006
The defendant a serving prisoner sought an adjournment of his extradition to a time closer to the end of the sentence he was to serve in England. Held: The court had sympathy with the argument that where the district judge is being invited to express his satisfaction over matters under section 11 and section 21 … Continue reading United States of America, Regina (on the Application of) v Bow Street Magistrates’ Court: Admn 6 Sep 2006
Various parties appealed refusal and grant of extensions of time for service of claim forms. Held: The court gave detailed guidance. The three central issues were the proper construction of the rule, the question of whether the court could reconsider an application made without notice and on paper, and whether the Hashtroodi guidance was being … Continue reading Collier v Williams and others: CA 25 Jan 2006
Attempt to avoid normal civil appeal process by use of judicial review – whether abuse of process. The underlying claim had been struck out as having no reasonable prospect of success. Permission to appeal had been refused. Permission to bring judicial review of that decision had itself been refused on the basis that the CPR … Continue reading Nduka, Regina (on the Application of) v Her Honour Judge Riddel: Admn 21 Oct 2005
The defendants 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
Judges: The Hon Mr Justice Lightman Citations: [2003] EWHC 103 (Ch) Links: Bailii Statutes: Civil Procedure Rules 25.1(1)(l) Jurisdiction: England and Wales Civil Procedure Rules Updated: 04 July 2022; Ref: scu.179020
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award. Held: The dispute was complex and substantial. Nevertheless, the adjudicator ‘not only took the initiative in ascertaining the facts but also applied his … Continue reading Carillion Construction Ltd v Devonport Royal Dockyard Ltd: CA 16 Nov 2005
The claimant owned the copyright in several successful computer games. He had granted licenses for the use of the software, which licences were assigned to the defendants. Disputes arose as to the calculation of royalty payments, and the claimant sought to exercise his auditing rights. The defendant company in the US handled the accountancy for … Continue reading Sawyer v Atari Interactive Inc: ChD 1 Nov 2005
The claimants sought to amend their particulars of claim to add a request for declarations with regard to a bill of lading and contract for carriage. Held: The application to amend was made more than six years after the cause of action accrued. It was in its nature a new claim. The additional possibility that … Continue reading P and O Nedloyd BV v Arab Metals Co and Others (‘The UB Tiger’): QBD 22 Jun 2005
Appeal from a decision of Morland J, who granted the defendants summary judgment under Civil Procedure Rule 24(2)(a)(2), finding that the claimant, Mr Spencer, had no real prospect of succeeding on his claim. Held: Buxton LJ said: ‘Bearing in mind the emphasis placed on the right to jury trial in section 69 [of the Senior … Continue reading Spencer v Sillitoe and Another: CA 22 Oct 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
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
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 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
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
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
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
A defendant sought relief from sanctions for failing to comply with the requirements of an unless order. ‘The application raises the question of the extent to which the Court will grant such relief when a party has failed to comply with a consent order so that the sanction for failure to comply has been imposed … Continue reading Chiu and Others v Waitrose Ltd and Others: TCC 25 May 2011
The claimant had in the course of proceedings obtained an order requiring an employee of the third party to attend as a witness. That third party now sought to be joined so as to claim its costs. Held: The Act and the rules allowed the court to make an order for costs against a party … Continue reading Individual Homes Ltd v Macbream Investments Ltd: ChD 23 Oct 2002
The appellant sought permission to appeal out of time against a costs order. The claimant said he had submitted a notice of appeal, but the court had no trace of it, and the cheque had not been encashed. Held: Looking at the merits of the appeal, the argument now sought to be used had been … Continue reading Jobson v Record and Another: CA 17 Aug 2005
The defendant applied to have set aside judgement entered against him in default of acknowledgment of service. Held: The authorities make it plain that, in order to satisfy the test for resisting a summary claim for for wrongful repudiation and/or breach of contract, a defendant has to demonstrate a defence which is not ‘false, fanciful … Continue reading International Finance Corporation v Utexafrica SPRL: ComC 9 May 2001
The court considered the application of CPR 3.9(1) to a decision relating to the relief of a sanction. Held: Lord Justice Brooke said: ‘It is essential for courts, exercising their discretion on an occasion like this, to consider each matter listed under CPR 3.9(1) systematically in the same way as it is now well known … Continue reading Bansal v Cheema: CA 2 Mar 2000
The claimants had been imprisoned for many years before their convictions were quashed. They claimed compensation under the Act. The assessor said that there should be deducted from the award the living expenses they would have incurred if they had not been in prison. Held: The statutory scheme replaced an ex gratia scheme, and there … Continue reading Independent Assessor v O’Brien, Hickey, Hickey: CA 29 Jul 2004