A claimant must show good reason why service on a foreign defendant should be permitted. This head of jurisdiction was an exorbitant jurisdiction, one which, under general English conflict rules, an English court would not recognise as possessed by any foreign court in the absence of some treaty providing for such recognition. Comity dictated that … Continue reading Amin Rasheed Shipping Corp v Kuwait Insurance Co: HL 1983
There had been a trial of 35 days regarding rights of way over land, which had proved fruitless, and where some orders had been made without jurisdiction. The result had been inconclusive. The costs order was now appealed, the plaintiff complaining that the judge had failed to take into account an offer of settlement made … Continue reading Cutts v Head and Another: CA 7 Dec 1983
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 applicant trustee in bankruptcy sought an extended civil restraint order against the respondents, saying that they had made unmeritorious claims in the proceedings. Held: The rules required there to be shown that person had ‘persistently issued claims or made applications which are totally without merit’. The court must respond to such behaviour in a … Continue reading Courtman v Ludlam and Another; In re Ludlam (Bankrupts): ChD 6 Aug 2009
The court considered the procedure on transfer of a matter to the High Court for enforcement of an order for possession of land. Citations: [2017] EWHC 2110 (QB) Links: Bailii Statutes: Civil Procedure Rules 83.13 Jurisdiction: England and Wales Civil Procedure Rules, Land Updated: 05 April 2022; Ref: scu.592024
The court was asked: ‘can the court proceed to validate a warrant of possession where a landlord who seeks to enforce his right to possession because of an alleged breach of the terms of a suspended possession order has not complied with CPR 83.2? ‘ Held: CPR r 83.2 were intended to provide real protection … Continue reading Cardiff County Council v Lee (Flowers): CA 19 Oct 2016
The defendants sought approval of their practice of making a written offer to the claimants rather than making a payment into court. The offer had been accepted but only after the defendant had purported to withdraw it.
Held: ‘it certainly is . .
Third in a rapid succession of Court of Appeal cases concerning the effect of the automatic stay imposed by Practice Direction 51Z Judges: Sir Geoffrey Vos, Chancellor of the High Court Citations: [2020] EWCA Civ 833 Links: Bailii Statutes: Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020 Jurisdiction: England and Wales Litigation Practice Updated: 31 … Continue reading TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and Others: CA 2 Jul 2020
Judges: Master Kaye Citations: [2022] EWHC 2996 (Ch) Links: Bailii Statutes: Civil Procedure Rules Part 8 Jurisdiction: England and Wales Trusts Updated: 31 December 2022; Ref: scu.683578
Judges: Mr Justice Miles Citations: [2022] EWHC 3057 (Ch) Links: Bailii Statutes: Civil Procedure Rules 11, Financial Services and Markets Act 2000 Jurisdiction: England and Wales Arbitration, Financial Services Updated: 12 December 2022; Ref: scu.683605
The court had failed to stamp an order as to the entitlement to serve it outside the jurisdiction, and the defendant applied for summary dismissal. The court held that although the directions were mandatory, and the court should endorse reasons why leave had been given to serve the document outside the jurisdiction, such a failure … Continue reading Trustor AB v Barclays Bank plc: ChD 16 Nov 2000
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 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 court gave guidance on the practice and procedure on second appeals. Citations: [2000] All ER 1 Statutes: Civil Procedure Rules 52.2(3) 52.4.8 Jurisdiction: England and Wales Cited by: Cited – Markos v Goodfellow and Barke and Barke CA 26-Jul-2001 There was a boundary dispute. The judge in the County Court had made an error. … Continue reading Clark v Perkes: 2000
The claimant had delivered his claim form to the court, but it was not processed until after the limitation period had expired. The defendant appealed a finding that the claimant had brought the cliam within the necessary time. Held: The claim was brought within the necessary time limit. ‘the courts have given claimants the full … Continue reading St. Helens Metropolitan Borough Council v Barnes: CA 25 Oct 2006
Judges: Lord Justice Auld, Lord Justice Waller And Lord Justice Mantell Citations: [2003] EWCA Civ 782 Links: Bailii Statutes: Civil Procedure Rules 36 Jurisdiction: England and Wales Citing: See Also – KR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 12-Feb-2003 The respondent appealed decisions by the court to allow claims for … Continue reading DK, KR, CGE, DHM, PS, RM, DJ, GOM v Bryn Alyn Community (Holdings) Ltd (In Liquidation) and Royal and Sun Alliance PLC: CA 22 May 2003
In defamation proceedings the defendant had invited one issue to be left to the jury. After losing the case, the defendant sought to appeal, arguing that the jury’s verdict was perverse. It was held that such an appeal amounted to an abuse of process, and if allowed, would bring the administration of justice into disrepute. … Continue reading McPhilemy v Times Newspapers Ltd; Liam Clarke and and Andrew Neil (No 3): CA 12 Jun 2001
Whether, where an Appellant’s Notice is filed with the Court of Appeal electronically in accordance with ‘Electronic Working Pilot Scheme’ introduced by Practice Direction 51O (‘PD 51O’), it may be filed at any time up to midnight on the last day of the permitted period or must, either generally or at least in the case … Continue reading Microsoft Ireland Operations Ltd and Others v JJH Enterprises Ltd (Re Electronic Filing of Appellant’s Notice): CA 11 Nov 2022
Defendant’s application for summary judgment pursuant to CPR 24.2 and/or strike out of the claim pursuant to CPR 3.4(a) on the basis that there are no reasonable grounds for bringing the claim and /or (b) that it is an abuse of process. The claim is pleaded as one for restitution /damages in the sum of … Continue reading Ogedegbe v Simplyhealth People Ltd: KBD 17 Nov 2022
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
The claimant estate agents appealed dismissal of their claim for commission. The owners were splitting up, and there was to begin with no clear instruction to market the property. Later the property was sold privately, but to a buyer introduced by the claimant to Mrs Voyce. The agent asked the court to go beyond its … Continue reading Day Morris Associates v Voyce and Another: CA 26 Feb 2003
EAT This was a request for strike-out of an entitlement reference, prior to the formal evidence rounds, on the grounds that the statement of case provided by the claimant did not clearly identify the inventive concept in dispute. The patent applications have not yet been granted, and the defendant says the claims were deliberately drafted … Continue reading Orbital 2 Limited and Urs Viktor Giger (Patent): IPO 29 Jan 2010
The defendants appealed against an order for pre-action disclosure. Judges: Tuckey LJ, Jacob LJ, Moore-Bick LJ Citations: [2007] EWCA Civ 50 Links: Bailii Statutes: Civil Procedure Rules 31.16 Jurisdiction: England and Wales Litigation Practice Updated: 22 October 2022; Ref: scu.248323
Interlocutory Hearing re the filing of part of Form 8, Counterstatement and exhibits by way of email Result Incomplete documents filed in defence of registration by email: Appeal allowed. Registered Proprietor allowed to defend its registration Points Of Interest The filing of documents by email is allowed Summary An application for revocation of the mark … Continue reading Storm (Trade Mark: Revocation): IPO 4 Jul 2007
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
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 extensive pleadings in defamation cases should now be otiose. In the modern era of witness statements, extensive and fully particularised pleadings are no … Continue reading McPhilemy v Times Newspapers Ltd and Others (2): CA 26 May 1999
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
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
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
The claimant suffered severe brain injury in a crash. The parties sought guidance form the court as to his legal capacity. Held: The fact that a party may be particularly susceptible to exploitation was a relevant element when considering his capacity to act, though alone it would not usually be enough to find a lack … Continue reading Lindsay v Wood: QBD 16 Nov 2006
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 claimant intended to seek recovery of a very substantial sum from the defendant. On learning of the defendant’s intention to sell its assets, it sought an order freezing them. Held: The court has the discretion to order a freezing of a defendant’s assets so as to prevent a transfer of those assets, even though … Continue reading Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999
The respondent bank had obtained a charging order nisi against the applicant’s property. The applicant then obtained an order under s252 of the act requiring any further action against his estate to be stayed. The bank nevertheless obtained an order absolute. The claimant was not represented at that hearing. Several years later he sought to … Continue reading Clarke v Coutts and Co: CA 17 Jun 2002
Each party sought summary judgment in the case Judges: Roth J Citations: [2010] EWHC 1083 (Ch) Links: Bailii Statutes: Civil Procedure Rules 24 Jurisdiction: England and Wales Cited by: Cited – Lewis v Client Connection Ltd ChD 6-Jul-2011 The claimant alleged infringement of his registered trade marks ‘Money Saving Expert’ and associated terms. The defendant … Continue reading Vaseeharan and Another v Uthayaranjan: ChD 21 May 2010
Judges: Tugendhat J Citations: [2010] EWHC 597 (QB) Links: Bailii Statutes: Civil Procedure Rules 36.14(3)(b) Litigation Practice Updated: 16 August 2022; Ref: scu.406529
The claimant had served proceedings on a representative without first checking that they had authority to accept service. This was discovered too late, and applied for an extension of time for service. The application was refused. The requirement to ensure that the person served had such authority was now clear, and the claim form must … Continue reading Mark Smith v David Probyn, PGA European Tour Ltd: QBD 25 Feb 2000
The court considered what was to be discovered under Part 31.4.1 of CPR. Pumfrey J expressly approved the commentary in the White Book: ‘A computer database which forms part of the business records for company is, in so far as it contains information capable of being received and converted into readable form, a document for … Continue reading Marlton v Tectronix UK Holdings: ChD 10 Feb 2003
The court gave reasons for making an extended civil restraint order against the claimant. Judges: Popplewell J Citations: [2013] EWHC 3671 (QB) Links: Bailii Statutes: Civil Procedure Rules 3.11 Jurisdiction: England and Wales Litigation Practice Updated: 22 July 2022; Ref: scu.518369
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
Judges: Park J Citations: [2005] EWHC 3483 (Ch) Links: Bailii Statutes: Civil Procedure Rules Part 8 Jurisdiction: England and Wales Costs Updated: 18 July 2022; Ref: scu.263706
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006
The defendants had succeeded in an application before the Land Registry adjudicator for a strip of land adjoining their property to be registered in their name after a finding that they had successfully established a claim by adverse possession. The claimants had developed the adjoining land leaving the strip unbuilt upon. A fence had been … Continue reading Hicks Developments Ltd v Chaplin and others: ChD 5 Feb 2007
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
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
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
The defendant had sought an order requiring the claimant to remove from a witness statement elements referring to without prejudice discussions between the parties before litigation began. Held: The defendant’s appeal succeeded. The test for proximity of the negotiations to the litigation was not one of time, but of the closeness of the connection between … Continue reading Framlington Group Ltd and Another v Barnetson: CA 24 May 2007
The court had ordered preparation of a joint statement by the parties expert witnesses with a view to encouraging mediation. The claimant obtained an order that the statement was privileged, and could not be used later in the proceedings. Held: The defendant’s appeal succeeded. Though ‘with some exceptions not relevant to this appeal’, what goes … Continue reading Aird and Another v Prime Meridian Ltd: CA 21 Dec 2006
The Court considered the circumstances in which it is appropriate, on an application for retrospective validation of service pursuant to CPR r 6.15(1) and (2), to allow a potential defendant to take advantage of a mistake on the part of a would-be claimant giving rise to defective service where any new claim would be statute-barred. … Continue reading Woodward and Another v Phoenix Healthcare Distribution Ltd: CA 12 Jun 2019
The claimant had been severely injured in a road traffic accident. His claim was compromised and embodied in a court order, but later a question was raised as to whether he had had mental capacity at the time to make the compromise he had. Held: The term ‘patient’ in this context had a meaning specific … Continue reading Bailey v Warre: CA 7 Feb 2006
The 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 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 client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate. Held: The absence of the estimate should not deprive the solicitor of payment for the work undertaken … Continue reading Garbutt and Another v Edwards and Another: CA 27 Oct 2005
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002
The 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
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
Citations: [2004] EWHC 1778 (TCC) Links: Bailii Statutes: Limitation Act 1980 35 Jurisdiction: England and Wales Citing: Appealed to – Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd CA 17-Feb-2005 The defendant appealed an order adding two new claimants. Held: Cases decided under the old RSC were not apposite for matters covered by the … Continue reading Morgan EST (Scotland) Ltd v Hanson Concrete Products Ltd: TCC 22 Jul 2004
The pension scheme trustees had obtained leave to issue proceedings to compromise a claim without naming any defendants under the rules. The beneficiaries sought leave to be joined. Held: The urgency of the situation now required the proceedings to be allowed to go ahead without delay, but it would have been better for the trustees … Continue reading Owens Corning Fiberglas (UK) Pension Plan Ltd: ChD 25 Jun 2002
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
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
There was a boundary dispute. The judge in the County Court had made an error. Counsel had offered to apply to amend the order under the slip rule, and therefore the judge had refused leave to appeal. Held: This was an application for leave to apply for a second appeal, and such appeals only very … Continue reading Markos v Goodfellow and Barke and Barke: CA 26 Jul 2001
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
The court handed down a New Practice Direction 52 for grounds of appeal, decisions in permissions to appeal, notices to respondents of appeals, appeal bundles etc. Judges: Mr Justice Brooke Lord Justice Mance Lord Justice Dyson Citations: [2004] EWCA (Civ) 835, Times 08-Jul-2004, [2005] CP Rep 2, [2005] 1 Costs LR 18 Links: Bailii Statutes: … Continue reading Scribes West Limited v Relsa Anstalt and Another (No 1): CA 1 Jul 2004
The claimant had issued proceedings in time, but then the limitation period expired before it was served, and in the meantime the limitation period had expired. The defendant appealed against an automatic extension of time for service granted to the claimant. Held: The Rules should generally be interpreted without reference to case law under the … Continue reading Hashtroodi v Hancock: CA 27 May 2004
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
EAT Practice and Procedure – Case ManagementIn considering whether or not to strike out or impose some lesser remedy the guiding consideration was the overriding objective which required justice to be done between the parties and that in particular the Tribunal should consider the magnitude of the default, whether the default was the responsibility of … Continue reading Weir Valves and Controls (UK) Ltd v Armitage: EAT 15 Oct 2003
The claimants sought damages for defamation and breach of contract. The claimants had purchased a business from the defendant, which contract included a clause requiring the defendant to say nothing damaging about the business. The defendant asserted qualified privilege. The defendant was alleged to have told suppliers, by means of anonymous letters, that they were … Continue reading Downtex v Flatley: CA 2 Oct 2003
EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003
In each case claims had been late in being served and extensions in time were sought and refused. Held: The recent authorities were examined. The words ‘has been unable to serve’ in CPR 7.6(3)(a) include all cases where the court has failed to serve, including mere oversight. The court’s discretion might then be exercised according … Continue reading Cranfield and Another v Bridgegrove Ltd; Claussen v Yeates etc: CA 14 May 2003
The court was able to make costs orders which differentiated between different stages and elements of a case. This might well result, as here, in a situation of a succesful claimant being ordered to pay 80% of the defendant’s costs, because of costs incurred pursuing issues on which it lost. Judges: Tomlinson J Citations: [2003] … Continue reading Kastor Navigation Co Ltd and Another v AGF M A T and others: ComC 17 Mar 2003
An agreement was made for a redevelopment of land. The council sought an order requiring specific performance by the respondent of its obligations. The council sought summary judgment, which the respondent resisted claiming that it was presently impossible to proceed. Held: The judge had been wrong, on an application for summary judgement, to proceed on … Continue reading North East Lincolnshire Borough Council v Millenium Park (Grimsby) Ltd: CA 23 Oct 2002
A case had been originally dealt with under the fast track procedure, but after amendment, the amount at stake came to exceed andpound;15,000. Held: It was permissible for a judge to continue to deal with a matter under the procedure. Relevant factors are the amount by which the claim comes to exceed the limit, and … Continue reading Melissa Maguire v Ricardo David Molin: CA 24 Jul 2002
The complainant was a post office employee. He brought a claim for unfair dismissal, but he posted it at a time when in the normal course of delivery, it would not arrive. He claimed to be unaware of the normal times for delivery. Held: It was for the claimant to establish that his case fell … Continue reading Consignia Plc v Russell Sealy: CA 19 Jun 2002
The applicant sought to appeal a refusal to grant him permission to renew an oral application for leave to appeal. The respondent had appeared at the initial unsuccessful application, and had been awarded costs although there appeared to be no provision for their appearance. Held: The Rules contained inconsistencies, and needed clarification. The Court of … Continue reading Jolly v Jay and Another: CA 7 Mar 2002
A part 36 offer had been made and declined. A significant amendment was made to the defendant’s pleadings on the basis of information which had always been available to him. The claimant then accepted the payment in. Should the claimant be regarded as the successful party for costs purposes. Held: Costs remain at the discretion … Continue reading Factortame Ltd and others v Secretary of State for the Environment, Transport and the Regions): CA 28 Jan 2002
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
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
ECJ National rules embodying a specification contained in a document which lays down the characteristics required of a product, including the requirements applicable to the product as regards labelling, constitute technical specifications within the meaning of Article 1(2) of Directive 83/189 laying down a procedure for the provision of information in the field of technical … Continue reading Unilever Italia SpA v Central Food SpA: ECJ 26 Sep 2000
The right of a litigant, to choose his solicitor and counsel, is a fundamental one not to be set aside by mere rules of court. In particular the new rules should not be interpreted so as to achieve this. This is part of the principle of equality of arms. Judges: Neuberger J Citations: Times 04-May-1999, … Continue reading Maltez v Lewis: ChD 27 Apr 1999
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
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
Where it was not the claimant’s fault that proceedings had not been issued within the appropriate time limit, the judge when considering exercise of his discretion to admit the claim, should not be tempted to refuse to admit it on the basis that the claimant would have a clear claim for negligence against the solicitor … Continue reading Steeds v Peverel Management Services Limited: CA 30 Mar 2001
The claimants sought an order that the defendants, an internet company in Florida, should disclose the IP address of a registered user of the site with a view to identifying the user and pursuing an action against him or her. Held: Tugendhat J said: ‘Hearings in private under CPR 39.2 (3) and orders under CPR … Continue reading G and G v Wikimedia Foundation Inc: QBD 2 Dec 2009
The 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
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 claimant sought damages for injuries from 1989. His claim was pursued effectively, but a four-year delay ensued after 1994. He then sought to enlarge his claim greatly by introducing a lot of new issues of which the defendant’s insurers had no notice when they calculated the value of the claim in the early 1990s … Continue reading Dermot Gerard Richard Walsh v Andre Martin Misseldine: CA 29 Feb 2000
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
The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997
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 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
The plaintiff had obtained judgment against L, only then to find that she claimed that all only apparent assets were held by her on trust for or as agent for her husband who was overseas. The plaintiff therefore now set out to add him, and to claim an asset freezing injunction against him. Held: The … Continue reading C Inc Plc v L and Another: QBD 4 May 2001
When asking whether the time for appeal against an arbitrator’s award should be extended, the court should look at several circumstances, including the length of the delay; whether the party was acting reasonably in all the circumstances in delaying; whether the other party had contributed to the delay; whether other party would suffer irremediable prejudice … Continue reading Aoot Kalmneft v Glencore International AG and Another: QBD 27 Jul 2001
The court heard a renewed application for leave to appeal. A single Lord Justice had directed that any oral renewal of the application for permission should be heard by a court of two, of which he was to be a member. Objection was taken to him being a member of the court, having already given … Continue reading Khreino v Khreino: CA 2000
The defendant had applied for an order limiting the number of witnesses sought to be called by the claimant (43). Held: The power to prohibit the calling of witnesses under CPR r 32.2(3) sat towards the more extreme end of the court’s powers and was a power to be considered after less intrusive measures had … Continue reading Maclennan v Morgan Sindall (Infrastructure) Plc: QBD 17 Dec 2013
Although the Court of Appeal did not have power to hear a renewed application for permission to apply for judicial review under the new rules where the application had been lodged in March 1999 before the new rules came into effect, the court could still apply the over-riding objective to allow it to hear the … Continue reading Regina v Vale of Glamorgan Council, Ex Parte Clements and Others: CA 22 Aug 2000
When an appeal is lodged in a VAT dispute, the discretion as to whether to require the appellant to lodge security for costs in the appeal, was a decision exclusively to be decided by the tribunal itself. A decision as to such security could not be challenged within enforcement proceedings. Citations: Times 17-Aug-2000 Statutes: Finance … Continue reading Commissioners of Customs and Excise v Broomco (1984) Ltd (Formerly Anchor Foods Ltd): CA 17 Aug 2000
The debtor had made an unsuccessful attempt to set aside a statutory demand. She did not then pay, and a third party debt order was made by the registrar in bankruptcy. Held: The CPR applied to bankruptcy proceedings, and its powers could be exercised by a registrar acting in a bankruptcy, and to make the … Continue reading Lynch Hall and Hornby (a Firm) v Thakerar (No 2): ChD 15 Nov 2005
Though the rules did not set down any timetable, it was a requirement of a proposed appellant to go ahead promptly. A reasonable time was within 14 days to apply to set aside a permission given to appeal. Judges: Clarke LJ, Richards J Citations: Times 19-Jun-2003 Statutes: Civil Procedure Rules 52.9 Jurisdiction: England and Wales … Continue reading Mamidoil-Jetoil Greek Petroleum SA v Okta Crude Oil Refinery AD: CA 4 Apr 2003
The landlord sought an injunction against the defendant. The defendant countered, relying upon sec 2(1). Held: The remedy provided by the section was limited to the award of damages. It could not, therefore, be used to defend an action for an injunction. Whilst he might be entitled in equity to repudiate the lease, he could … Continue reading Inntrepreneur Pub Company (CPC) and Another v Sweeney: ChD 27 May 2002
The claimants proposed pre-action discovery which was resisted. Held: A purpose of pre-action disclosure is to assist those who need disclosure as a vital step in deciding whether to litigate at all or to provide a vital ingredient in the pleading of their case. The rules required first that disclosure would be desirable in the … Continue reading Black v Sumitomo Corporation: CA 3 Dec 2001
