Two barristers had been struck off for disciplinary offences. Their appeals were heard by three High Court judges sitting as Visitors, who dismissed the appeals. The barristers now sought judicial review of that decision. Held: Justices sitting as visitors were not sitting as judges as such, but in a domestic forum, and their decisions were … Continue reading Regina v Visitors to the Inns of Court ex parte Calder: CA 1993
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 started but abandoned a request against third parties, and had to pay their costs. It now sought those and its own costs from the claimant, saying that the abortive application would have been unnecessary had the claimant complied with its own disclosure obligations. The claimant said the court did not have jurisdiction … Continue reading Environment Agency v Lewin Fryer and Partners: TCC 6 Jul 2006
Where the claimant was not out of time to bring an appeal, or he retained the right of appeal, or the works proposed involved were not new, and no amendment or substitute of a new claim was proposed, the court should exercise its discretion to amend the claim form so that an application for permission … Continue reading Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 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
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
What is ‘totally without merit’? The claimant had sought judicial review. Her case had been certified as being ‘totally without merit’, thus denying to her any opportunity to renew her application for leave at an oral hearing, leaving only recourse to a judge of the Court of Appeal to consider the papers and decide whether … Continue reading Grace, Regina (on The Application of) v Secretary of State for The Home Department: CA 9 Jun 2014
The deceased prisoner had hanged himself. He had been a known suicide risk, and his brother said that the authorities being so aware, the death resulted from their lack of care. The inquest heard in full the circumstannces leading up to the death, but the Coroner directed the jury not to return a verdict which … Continue reading Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson: CA 27 Apr 1994
References: [1982] 126 SJ 625 Coram: Lord Lane CJ Ratio: The court discussed the function of the coroner and his inquest. Lord Lane CJ said: ‘The coroner’s task in a case such as this is a formidable one, and no one would dispute that; that is quite apart from the difficulties which inevitably arise when … Continue reading Regina v South London Coroner ex parte Thompson; 8 Jul 1982
The claimant sought expert evidence to support her claim for personal injuries. A draft report was produced, followed by a final report which was disclosed. She appealed an order requiring disclosure of the draft report. Held: The appeal succeeded. The rules required disclosure of a report. They could not be read to require disclosure of … Continue reading Jackson v Marley Davenport Ltd: CA 9 Sep 2004
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
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
The claimant challenged a production order made by the magistrates in respect of journalists’ material. They complained that the application had used secret evidence not disclosed to it, and that the judge had not given adequate reasons to support the decision. The poice were investigating an offence under the 1989 Act. Held: It was common … Continue reading British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011
Any party was free to put in evidence statements where the party who had prepared them had himself decided not to call the evidence. There was no power to call the person to give that evidence, but it could be admitted on the basis that it was hearsay evidence. This reversed the old rule. The … Continue reading Society of Lloyd’s v Jaffray and others: QBD 3 Aug 2000
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 claimant appealed an order requiring him to disclose to the defendants the terms of the instructions given to the expert witness. Held: Rule 35.10(4) restriction applied to prevent the defendant from obtaining an order for the inspection he sought. Judges: Waller, Mantell, Laws LJJ Citations: [2003] EWCA Civ 1102, Times 28-Aug-2003, Gazette 02-Oct-2003, [2004] … Continue reading Lucas v Barking, Havering and Redbridge Hospitals NHS Trust: CA 23 Jul 2003
The claim had been settled before action, and costs only proceedings had been instigated. He appealed a decision as to the award of costs in that case. The question was whether the phrase ‘the proceedings which gave rise to the assessment proceedings’ referred to the only actual proceedings, the costs claim, or to the settled … Continue reading Crosbie v Munroe, Motor Insurer’s Bureau: CA 14 Mar 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
The claimant sought damages alleging that she had been injured by the defendants’ negligence in conducting her birth. The parties sought determination of whether the court should restrict the number of expert witnesses. Held: Nothing in the rules set a specific limit of one such witness. Where the question was substantial and complex, the overriding … Continue reading ES v Chesterfield and North Derbyshire Royal Hospital NHS Trust: CA 25 Jul 2003
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
A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers ‘expressed’ to be open for 21 days, but … Continue reading Scammell and Others v Dicker: CA 21 Dec 2000
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
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority. Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. Citations: [2010] EWHC 508 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Nagle v Fielden CA 1966 The applicant, a … Continue reading McKeown v British Horseracing Authority: QBD 12 Mar 2010
The judge had reserved his judgment, but had since received further voluminous representations from a party. Held: None of the matters raised suggested a proper reason for exercising the jurisdiction given by In re Barrell. The claimant was subject to a civil restraint order, and these applications had been made without consent. Nor had she … Continue reading Sheikh and Another v Dogan and Others: ChD 17 Nov 2009
The claimant challenged an order requiring him to give security for costs before proceeding. The judge had felt he was unreasonable in the way he was pursuing his claim. He appealed saying the order was made outside the scope of Part 25. Held: The rules now allowed orders akin to orders for security for costs … Continue reading Olakunle O Olatawura v Alexander O Abiloye: CA 17 Jul 2002
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
The parties were to appeal a finding of professional negligence. Leave had been given and it was suggested that the judge make additional findings of fact to assist the appeal court. Citations: [2007] EWHC 2545 (Ch) Links: Bailii Statutes: Civil Procedure Rules 52.10(2)(b) Jurisdiction: England and Wales Civil Procedure Rules Updated: 13 September 2022; Ref: … Continue reading Hicks v Russell Jones and Walker: ChD 5 Nov 2007
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
An application had been made to set aside a possession order obtained by a social landlord and determined by a district judge who applied CPR3.1 (7), when setting the possession order aside. By the time the landlord’s appeal against that decision was heard, the decision in Forcelux was available and the circuit judge held that … Continue reading London Borough of Hackney v Findlay: CA 20 Jan 2011
The court considered an appeal against an order allowing an amendment outside the limitation period which would Judges: Lloyd, Wilson, Gross LJJ Citations: [2010] EWCA Civ 1153, [2011] Bus LR 504, [2011] BPIR 158, [2011] 1 WLR 1364 Links: Bailii Statutes: Civil Procedure Rules 19.5, Limitation Act 1980 35 Jurisdiction: England and Wales Citing: Cited … Continue reading Irwin and Another v Lynch and Another: CA 6 Oct 2010
Acting on guidance, the parties representatives and the tribunal had assumed that part of the award relating to loss of future earnings would not be taxable. The question now was whether the tribunal had power of its own motion to review its decision. Held: ‘There is a difference between saying that a case to which … Continue reading Williams v Ferrosan Ltd: EAT 5 Mar 2004
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
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
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 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
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 court was asked the parties agree an extension of time for service of a claim form outside the period specified in r. 7.5. The particulars of claim were served nearly five months late. Held: An extension of time could be agreed between the parties in writing, but the claim was struck out because there … Continue reading Thomas v The Home Office: CA 19 Oct 2006
The patent application had been presented to the European Patent Office and granted only after 13 years. The claimant now appealed refusal to allow amendment of its claim to allow a claim in its sole name. The defendant argued that it was out of time. Held: The appeal succeeded: ‘ the long-standing rule of practice … Continue reading Rhone-Poulenc Rorer International Holdings Inc and Another v Yeda Research and Development Co Ltd: ChD 16 Feb 2006
In two separate actions, fathers with parental responsibility sought orders requiring the mothers of their children to ensure they received the MMR vaccine. Each mother objected, having suspicions as to the safety of the treatment. Specific issue orders were sought. Held: The court found the evidence given by the expert for the mother’s unconvincing. There … Continue reading A and D v B and E: FD 13 Jun 2003
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
It remains of overriding importance for parties to seek to avoid litigation wherever possible. In this case, a dispute between a local authority and some of the inhabitants of one of its residential homes. The courts now have ample power within the rules to find other ways forward. In this case, the court might of … Continue reading Cowl and Others v Plymouth City Council: CA 14 Dec 2001
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 landlord had been given permission by the court to adduce one unnamed expert. He obtained one report, but disliked it and sought another. The tenant objected and he was not allowed to rely upon the new report. He appealed judgment in favour of the tenant. Held: A party in such a position was entitled … Continue reading Hajigeorgiou v Vasiliou: CA 10 Mar 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
A party could be present in court in the person of his legal representative. Despite the new rules, the court should be reluctant to strike out a claim for the absence of a party in person, where his personal presence was irrelevant or most unlikely to be of significant assistance. Judges: Justice Gross Citations: Times … Continue reading Rouse v Freeman: QBD 30 Nov 2001
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
A renewed application for leave to appeal was made as regards a valuation element of the judgment. New expert evidence was sought to be admitted. Held: Leave was refused: ‘the Court of Appeal should be particularly cautious where what is intended is to put in, in effect, further cross-examination of a witness, including an expert, … Continue reading Riyad Bank and others v Ahli United Bank (Uk) Plc: CA 23 Nov 2005
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
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 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
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
The applicants had sought judicial review of the defendant’s grant of planning permission for the redevelopment of the former CandA building in Oxford Street. Though the application for leave to apply had been successful, and a full hearing took place, the judge awarded also the costs of the defendant in responding to the original and … Continue reading Mount Cook Land Ltd and Another v Westminster City Council: CA 14 Oct 2003
The parties disputed liability for a road traffic accident in which both vehicles were damaged. The claimant paid an insurance excess of andpound;125. The two insurers agreed to accept a decision of the court on liability to allocate the repair costs, and the claimant brought an action to recover andpound;125. The district judge ordered the … Continue reading Khiaban v Beard: CA 10 Mar 2003
One party had made a formal offer of settlement under the Rules, which had been declined, but the offer made was more favourable to him than the order which had eventually made. Held: The rejecting party should normally pay costs on an indemnity basis and interest at a higher rate as from the date of … Continue reading Mamidoil-Jetoil Greek Petroleum Company Sa and Another v Okta Crude Oil Refinery AD: ComC 4 Nov 2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed. Held: The Court of Appeal looked to see whether there had been an error of law in the employment tribunal decision. It did not look to see whether the Employment Appeal Tribunal had erred … Continue reading Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 2002
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
During an action, advice from counsel had been inadvertently disclosed to the claimants. The defendant sought to restrain use of the papers in the trial. It was accepted that the papers attracted legal professional privilege, but the police also sought public interest immunity. Held: A solicitor considering documents released to him owes no duty to … Continue reading Mohamad Al Fayed v The Commissioner of Police of the Metropolis: CA 29 May 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
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
A judge may reopen a case even after he has delivered his final judgment. A judge invited counsel to amend his pleading to incorporate an improvement, but in the face of his repeated failure to take up the invitation, entered final judgment against him. After advice from leading counsel, counsel requested the judgment be reopened … Continue reading Stewart v Engel, BDO Stoy Hayward: CA 17 May 2000
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court of Appeal. Appeals will generally be subject to leave being obtained. An … Continue reading Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald: CA 12 May 2000
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
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
Where, in the jurisdiction in which a potential defendant or contributor lived, there would be no remedy against him, a judge here who was asked to allow that defendant or contributor to be joined, as a necessary and proper party, could take into account that absence of a remedy abroad. Citations: Times 05-Apr-2001, [2001] EWCA … Continue reading Petroleo Brasilero Sa v Mellitus Shipping Inc: CA 29 Mar 2001
The case management powers of judges allowed a judge to order extensive pre-action discovery of documents. It is not appropriate at this stage in the development of the case management approach to lay down restrictive rules, and it must be for judges to use their discretion. The power only extended to documents which might be … Continue reading Bermuda International Securities Ltd v KPMG (A Firm): CA 27 Feb 2001
When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail and even if unchallenged. The court could look to witness statements to … Continue reading The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5): CA 11 Apr 2001
(International Criminal Tribunal for the Former Yugoslavia) The court described the main features of the law against torture: ‘There exists today universal revulsion against torture: as a USA Court put it in Filartiga v. Pena-Irala, ‘the torturer has become, like the pirate and the slave trader before him, hostis humani generis, an enemy of all … Continue reading Prosecutor v Furundzija: 1 Apr 1999
Following a trial, and before the judgment was delivered, the parties arranged to meet and settled their dispute. The judges and the court were not advised and continued to take the trouble of preparing the now nugatory judgment. The legal representatives had a clear duty to inform the court of such happenings in order to … Continue reading HFC Bank Plc v HSBC Bank Plc (Formerly Midland Bank Plc): CA 26 Apr 2000
In making a strike out decision under Part 24, the court of first instance was exercising a discretion which an appellate court should be reluctant to disturb. The court should only interfere in the case of a manifest error. The Law Society had intervened in the legal practice of the respondent’s late husband. The court … Continue reading Law Society v Southall: CA 14 Dec 2001
Sumner J gave guidance on the withdrawal of an admission under the CPR: ‘From the cases and the CPR I draw the following principals:1. In exercising its discretion, the court will consider all the circumstances of the case and seek to give effect to the overriding objective.2. Among the matters to be considered will be:(a) … Continue reading Braybrook v The Basildon and Thurrock University NHS Trust: 7 Oct 2004
The fact that a defendant had not acted unreasonably in pursuing a case after an offer of settlement, was not a reason for not awarding costs to be paid on an indemnity basis. Such an award had no penal element, and did not first require any condemnation of the plaintiff. Nor was it wrong to … Continue reading McPhilemy v Times Newspapers Ltd (No 4): CA 3 Jul 2001
The new civil procedure rules did not change the basic rules of evidence. The old rule prevented a party putting in evidence a witness statement which he knew conflicted substantially with the case he wished to place before the jury, and then be allowed to assert to a jury that he disagreed with large parts … Continue reading McPhilemy v Times Newspapers Ltd and Others: CA 7 Jun 2000
CS CPR 24.2(a)(i) – Summary judgment against Part 20 Claimant – Whether no real prospect of success Indemnity – Indemnity against loss etc suffered by reason of indemnifier’s breach of contract – Date of accrual of cause of action – Breaches giving rise to claims by third parties – Whether cause of action accrues when … Continue reading The Mayor and Commonalty and Citizens Of The City Of London v Reeve and Company Ltd, G Lawrence Wholesale Meat Company Ltd, Citigen (London) Ltd: TCC 25 Feb 2000
The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being authorised, and had made prohibited statements to attract such deposits. Could a civil court make such a finding which would be equivalent to a finding of guilt of a criminal offence? … Continue reading Financial Services Authority v Rourke: ChD 19 Oct 2001
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
The court construed narrowly the term ‘instructions’ within the rules where they exempted document forming part of the instructions to an expert to prepare a report for the litigation from disclosure. The word meant ‘what an expert was told to do’. Judges: Moreland J Citations: Unreported, 14-Jan-2000 Statutes: Civil Procedure Rules 35.10 Jurisdiction: England and … Continue reading Taylor v Bolton Heath Health Authority: QBD 14 Jan 2000
The power to change a party after the expiry of a limitation period can be exercised where a party has been wrongly identified, but ‘it was possible to identify the intending claimant or intended defendant by reference to a description which was more or less specific to the particular case’. Judges: Lloyd LJ Citations: [1991] … Continue reading The Sardinia Sulcis: CA 1991
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed the company to have no other assets from which to meet the hoped-for damages award … Continue reading Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979
The claimant sought disclosure of documents held by a third party, a solicitor who had the documents after acting in another matter. The documents related to the setlement terms of an action relating to a trust which also the current matter also concerned. Held: Disclosure was ordered subject to provisions for maintaining certain elements of … Continue reading Twin Benefits Ltd v Barker and Another: ChD 13 Feb 2017
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English Tribunal system. The defendants had begun procedures in Spain for conciliation. The claimant had obtained an injunction … Continue reading Turner v Grovit and others: HL 13 Dec 2001
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied. Held: The assessment of damages is a procedural matter, and is governed by the law of … Continue reading Knight v Axa Assurances: QBD 24 Jul 2009
The union appellant challenged the validity of the imposition of fees on those seeking to lay complaints in the Employment Tribunal system. Held: The appeal succeeded. The fees were discriminatory and restricted access to justice. The consequence of the order had been very substantially to reduce the number of cases coming before the tribunal, and: … Continue reading Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017
An application was made to strike out the claim when the action had begun nearly 14 years before, but had not yet concluded. The defendant argued that the delay amouned to an abuse of process. Additionally the parties disputed the admission of expert evidence. The defendant argued that the claimant’s expert had gone beyond his … Continue reading Wearn (T/A Jonathan Wearn Productions) v HNH International Holdings Ltd: ChD 29 Oct 2014
Edwards-Stuart J [2014] EWHC 2595 (TCC) Bailii Civil Procedure Rules Part 8 Construction Updated: 18 December 2021; Ref: scu.535394
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
ECHR Article 3 Positive obligations Failure by State to put appropriate mechanisms in place to protect National School pupil from sexual abuse by teacher: violation Facts – The applicant alleged that she was subjected to sexual abuse by a teacher (LH) in 1973 when she was a pupil in a state-funded National School owned and … Continue reading O’Keeffe v Ireland: ECHR 28 Jan 2014
The defamation claimant sought relief from sanctions imposed after a failure to comply with orders requiring him to discuss budgets and budgetary assumptions. Held: The claimant had failed to deliver the required costs budget in time, and any costs in the action beyond the court fees would be disallowed. Master McLoud [2013] EWHC 2355 (QB) … Continue reading Mitchell v News Group Newspapers Ltd: QBD 1 Aug 2013
The defendant had been found to owe money to the bank. In order to avoid damaging his career he agreed to execute a charge to secure the judgment. He now sought release from that order, and to withdraw his admission of the debt. He had acted in person, but had since been advised that he … Continue reading Kojima v HSBC Bank Plc: ChD 22 Mar 2011
Walker v Wilshire still Good Law After successfully appealing, the defendant claimant argued for a substantial part of its costs, saying that the defendant had unreasonably refused ADR. To pursue this, it now sought disclosure of the details of the without prejudice negotiations between them. Held: No distinction is to be made between party-to-party negotiations … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs.Com Ltd: CA 14 Jul 2004
The defendant had been tried for the murder of two men by shooting them at a party. He was identified as the murderer by three witnesses who had been permitted to give evidence anonymously, from behind screens, because they had refused, out of fear, to testify should their identities be disclosed. He now said that … Continue reading Regina v Davis: HL 18 Jun 2008
amwell_dogherty The claimant had secretly recorded the disciplinary hearings and also the deliberations of the disciplinary panel after their retirement. The tribunal had at a case management hearing admitted the recordings as evidence, and the defendant appealed, saying also that it had been disclosed too late. Held: The evidence contained in the recordings was relevant … Continue reading Amwell View School v Dogherty: EAT 15 Sep 2006
Anonymity in Family matters at CA isexceptional In ancillary relief proceedings at first instance, the court had provided for anonymity of various parties. On appeal, W, with the consent of H now sought a further freestanding order to similar effect. Held: The application was allowed. Though at the Court of Appeal the starting point was … Continue reading XW v XH: CA 2 Apr 2019
The parties had compromised a defamation claim with an offer of amends, but the claimant wished to read out a statement in accordance with the rules, being unhappy with the apology offered. The defendant objected, saying that she had no entitlement to make such an application, this being a defendant’s right. Held: The court rejected … Continue reading Winslet v Associated Newspapers Ltd: QBD 3 Nov 2009
Letter Without Prejudice Save as to Costs Husband and wife disputed provision under 1973 Act, and a summons under section 17 of the 1882 Act. The wife had offered to transfer a house to H occupied by his mother, worth about pounds 12,000, in return for him leaving the matrimonial home. He refused the offer … Continue reading Calderbank v Calderbank: CA 5 Jun 1975
The court rules, which dealt with the grant of permission to serve documents out of the jurisdiction under rule 6.20(2), were no less wide than the power in the court with regard to the substitution, or addition, of parties under Rule 19.1(2). The change from the old court rules had not either narrowed the power. … Continue reading United Film Distribution Limited; United Pictures (India) Exports Private Limited v Chhabria; Chhabria; Spark Entertainments Limited; Spark Media Limited; Fairdeal Exports Private Limited and Mathilda International SA: CA 28 Mar 2001
The claimant sought unredacted disclosure of documents by the second defendant so that he could pursue an action against the first, who, he said, were thought to have intercepted his mobile phone messages, and where the second defendant had documents which he said would support his claim. The second defendant sought to argue public interest … Continue reading Andrew v News Group Newspapers Ltd and Commissioner of the Police for the Metropolis: ChD 18 Mar 2011
