Oral application for permission to appeal. Leave Refused. No error of law was identified. The judge refusing leave had warned the claimant as to the possibility of a costs order if she persisted. Wall LJ [2009] EWCA Civ 38 Bailii Civil Procedure Rules 852 England and Wales Citing: Cited – Fosh v Cardiff University EAT … Continue reading Fosh v Cardiff University: CA 3 Feb 2009
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
The judge allowed the defendant’s submission of no case to answer without putting them to their election and again the claimant’s appeal succeeded. The trial judge had been persuaded that the rule in Alexander -v- Rayson had been altered by the Civil Procedure Rules ‘and that as a general rule a judge was not required … Continue reading Lloyd v John Lewis Partnership: CA 1 Jul 2001
The new Civil Procedure Rules were ultra vires and invalid insofar as they purported to remove any right of a solicitor’s client to assert his right of confidence as against his solicitor. The solicitor was therefore unable in this case to defend himself against a wasted costs order, but the court could allow for the … Continue reading General Mediterranean Holdings SA v Patel and Another: QBD 19 Jul 1999
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
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
Adverse Comments by Judge Need not be Show of Bias In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The … Continue reading Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
