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TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and Others: CA 2 Jul 2020

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

Regina on the Application of Pharis v Secretary of State for the Home Department: CA 25 May 2004

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

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

Wragg and Another v Partco Group Ltd UGC Ltd: CA 1 May 2002

A claim was made against directors of a company involved in a takeover, for failure to make proper disclosure. The case involved also other issues. The defendants appealed against a refusal to strike out the claim. Held: The rules made specific reference to cases in areas of law involving developing jurisprudence. This was one such, … Continue reading Wragg and Another v Partco Group Ltd UGC Ltd: CA 1 May 2002

Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003

The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion. Held: Freedom of political speech is a freedom of the very highest importance. Article 10 requires that access … Continue reading Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003

Woodhouse v Consignia Plc; Steliou v Compton: CA 7 Mar 2002

The claimant continued an action brought in her late husband’s name. The action had begun under the former rules. After the new rules came into effect, the action was automatically stayed, since no progress had been made for over a year. Her application to lift the stay was refused, and she appealed. Held: The automatic … Continue reading Woodhouse v Consignia Plc; Steliou v Compton: CA 7 Mar 2002

Samuel v Samuel and Others: ChD 17 Dec 2018

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

Fraser and others v Oystertec Plc and others: 3 Nov 2009

The court considered the meaning of ‘real’ prospects of success: ‘This does not mean that a party can successfully resist summary judgement by suggesting, like Mr Micawber, that something may turn up to save him, though he does not know what: see per Megarry V-C in Lady Anne Tennant v. Associated Newspapers Group Ltd [1979] … Continue reading Fraser and others v Oystertec Plc and others: 3 Nov 2009

British Sky Broadcasting Ltd, Regina (on The Application of) v The Central Criminal Court and Another: Admn 21 Dec 2011

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

Jones v University of Warwick: CA 4 Feb 2003

The claimant appealed a decision to admit in evidence a tape recording, taken by an enquiry agent of the defendant who had entered her house unlawfully. Held: The situation asked judges to reconcile the irreconcilable. Courts should be reluctant to create rules which would deny the admission of genuine evidence. Where a party behaved in … Continue reading Jones v University of Warwick: CA 4 Feb 2003

BCT Software Solutions Ltd v C Brewer and Sons Ltd: CA 11 Jul 2003

A copyright infringement case had been settled, but the court was to quantify and apportion costs. Some andpound;700,000 having been spent when the damages amounted to andpound;10,000. Held: Denne did not oust the court’s jurisdiction to hear an appeal. It is not open to the appellant to complain that the judge set out to do … Continue reading BCT Software Solutions Ltd v C Brewer and Sons Ltd: CA 11 Jul 2003

Berry Piling Systems Ltd v Sheer Projects Ltd: TCC 28 Feb 2013

The defendant sought permission to bring contempt proceedings against former directors of the claimant company, saying that by means of false evidence they had secured an arbitration verdict. Held: A reckless disregard for the truth or falsity of a statement made and attested by a statement of truth but false was capable of supporting a … Continue reading Berry Piling Systems Ltd v Sheer Projects Ltd: TCC 28 Feb 2013

Dockerill and Another v Tullett: CA 24 Feb 2012

In all three claims, children sought to recover the costs of applications to approve compromises of their claims for damages for personal injuries received. In particular the court was asked whether they were entitled only to fixed costs, or were subject to detailed assessment. Citations: [2012] EWCA Civ 184 Links: Bailii Statutes: Civil Procedure Rules … Continue reading Dockerill and Another v Tullett: CA 24 Feb 2012

Abela and Others v Baadarani: CA 15 Dec 2011

The claimant alleged fraud against the defendant. The defendant now appealed against an order allowing service of the proceedings on him in Lebanon. Judges: Arden, Longmore, McFarlane LJJ Citations: [2011] EWCA Civ 1571 Links: Bailii Statutes: Civil Procedure Rules Part 11 Jurisdiction: England and Wales Citing: Appeal from – Abela and Others v Baadarani and … Continue reading Abela and Others v Baadarani: CA 15 Dec 2011

McPhilemy v Times Newspapers Ltd and Others (2): CA 26 May 1999

The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very 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

Parkinson Engineering Services Plc v Swan and Another: CA 21 Dec 2009

The court considered the scope of the court’s power to permit an amendment as regards parties outside a limitation period. The amendment in this instance was to substitute one claimant in place of another, namely the liquidator of a company instead of the company itself. Held: The court said of the new rule that: ‘The … Continue reading Parkinson Engineering Services Plc v Swan and Another: CA 21 Dec 2009

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012

Osborn v The Parole Board: SC 9 Oct 2013

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

Orton v Collins and others: ChD 23 Apr 2007

The court considered how a Part 36 offer could be treated as accepted when it involved an agreement to transfer land, because the offer and its acceptance would not operate under the 1989 Act. Held: The agreement was enforceable. The Civil Procedure Rules, and the inherent jurisdiction of the court, allowed the creation of rights … Continue reading Orton v Collins and others: ChD 23 Apr 2007

Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007

The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his opponent. The judge had refused to excise the details … Continue reading Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007

Compagnie Noga D’Importation et D’Exportation Sa v Australia and New Zealand Banking Group Ltd. and others: CA 31 Jul 2002

If the court wishes to enable a party to appeal against a particular finding contained in the judgment, it may make a declaration embodying that finding. Citations: [2002] EWCA Civ 1142, [2003] 1 WLR 307, [2003] CP Rep 5 Links: Bailii Statutes: Civil Procedure Rules Jurisdiction: England and Wales Cited by: See Also – Compagnie … Continue reading Compagnie Noga D’Importation et D’Exportation Sa v Australia and New Zealand Banking Group Ltd. and others: CA 31 Jul 2002

Dahele v Thomas Bates and Sons Ltd: SCCO 17 Apr 2007

The court heard and accepted an argument that there was a lacuna in the CPR provisions relating to the uplift in counsel’s fees in the equivalent rules relating to employer’s liability claims. The rules relating to counsel’s fees unlike those dealing with solicitors, did not provide for a percentage uplift when a case settled on … Continue reading Dahele v Thomas Bates and Sons Ltd: SCCO 17 Apr 2007

Chantrey Vellacott v The Convergence Group Plc and others: ChD 31 Jul 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

Sawyer v Atari Interactive Inc: ChD 1 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

Garbutt and Another v Edwards and Another: CA 27 Oct 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

Jackson v Marley Davenport Ltd: CA 9 Sep 2004

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

Goldman Sachs Services Ltd v Montali: EAT 19 Oct 2001

EAT This interlocutory appeal raises a point of general importance regarding Employment Tribunal practice where one Tribunal revisits and varies or alters an interlocutory order or direction made by an earlier Tribunal. We use the expression Tribunal to include a Chairman properly sitting alone.’ Held: Although it was open to an Employment Tribunal to make … Continue reading Goldman Sachs Services Ltd v Montali: EAT 19 Oct 2001

Asiansky Television Plc and Another v Bayer-Rosin: CA 19 Nov 2001

The court considered the circumstancs allowing a striking out. Held: Consideration should be given to the question whether striking out the claim or defence would be disproportionate and, except perhaps where striking it out would be plainly proportionate, the judge should give reasons why it was proportionate in the particular case. Only in a case … Continue reading Asiansky Television Plc and Another v Bayer-Rosin: CA 19 Nov 2001

Weir Valves and Controls (UK) Ltd v Armitage: EAT 15 Oct 2003

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

Chan U Seek v Alvis Vehicles Ltd: ChD 8 Dec 2004

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

Stewart v Engel, BDO Stoy Hayward: CA 17 May 2000

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

Petroleo Brasilero Sa v Mellitus Shipping Inc: CA 29 Mar 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

Bermuda International Securities Ltd v KPMG (A Firm): CA 27 Feb 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

Reading v The London School Board: 1886

Wills J said: ‘All the common law statutes as to interpleader are now repealed and the right to that class of relief is regulated by Order LVII, by which the old practice of the Court of Chancery is modified’. Judges: Wills J Citations: (1886) 16 QBD 686 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Reading v The London School Board: 1886

Fay v Chief Constable of Bedfordshire Police: QBD 6 Feb 2003

The claimant had begun proceedings for the return of money held by the respondent. His action was stayed for inactivity, and the respondent later had the claim struck out on the basis that it would be an abuse of process to proceed. Held: The claim could still be tried without unfairness, and accordingly it should … Continue reading Fay v Chief Constable of Bedfordshire Police: QBD 6 Feb 2003

Deutsche Bank AG v Sebastian Holdings Inc and Another: CA 21 Jan 2016

Appeal from Order joining party for purposes of third party costs order. Judges: Moore-Bick VP, Lewison, Simon LJJ Citations: [2016] EWCA Civ 23, [2016] CP Rep 17, [2016] 4 WLR 17, [2016] WLR(D) 25 Links: Bailii, WLRD Jurisdiction: England and Wales Citing: Approved – Dymocks Franchise Systems (NSW) Pty Limited v Todd and Todd, Bilgola … Continue reading Deutsche Bank AG v Sebastian Holdings Inc and Another: CA 21 Jan 2016

Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

Tibbles v SIG Plc (T/A Asphaltic Roofing Supplies): CA 26 Apr 2012

The court considered applications for relief from sanction under CPR 3.1(7). Held: An application under CPR 3.1(7) usually requires a change of circumstances. Considerations of finality, the undesirability of allowing litigants to have two bites at the cherry and the need to avoid undermining the concept of appeal all required a principled curtailment of an … Continue reading Tibbles v SIG Plc (T/A Asphaltic Roofing Supplies): CA 26 Apr 2012

Secretary of State for Health and Others v Servier Laboratories Ltd and Others: CA 22 Oct 2013

The French company defendants had been ordered to disclose documents which they said might expose them to criminal prosecution in France. They now appealed. Held: The court was not obliged to make use of the Council Regulation. Orders for discovery of a document in this court (or for inspection of a document already disclosed) are … Continue reading Secretary of State for Health and Others v Servier Laboratories Ltd and Others: CA 22 Oct 2013

Swain v Hillman: CA 21 Oct 1999

Strike out – Realistic Not Fanciful Chance Needed The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear words. The judge … Continue reading Swain v Hillman: CA 21 Oct 1999

Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019

The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. In the Court of Appeal the defendants’ appeals were dismissed. Held: The appeals failed save that the UK was not the proper jurisdiction to bring the case. The claim … Continue reading Vedanta Resources Plc and Another v Lungowe and Others: SC 10 Apr 2019

Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004

The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury. Held: The jury should indeed have been given opportunity to explain their verdict: ‘By … Continue reading Middleton, Regina (on the Application of) v Coroner for the Western District of Somerset: HL 11 Mar 2004

Jones v Longley and Others: ChD 20 Nov 2015

The court had made an order removing one executor, though with no criticism. It now considered its order for costs, all parties seeking costs in their favour. Held: The two personal representatives could not be expected to continue to work together, and at least one must go. Master Matthews said: ‘there are not two sets … Continue reading Jones v Longley and Others: ChD 20 Nov 2015

Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015

The claimant commenced an action here after suffering injury whilst in Egypt on an excursion organised under the control of the defendant. The defendant denied jurisdiction as regards the damage suffered. Held: The defendant’s appeal was allowed in part. The use of the word ‘damage’ in the Regulation could not be relied upon to create … Continue reading Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Unison, Regina (on The Application of) v Lord Chancellor: SC 26 Jul 2017

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

Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002

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

VIS Trading Co Ltd v Nazarov and Others: QBD 18 Nov 2015

Application for the first defendant to be committed for alleged contempt of court for having failed to make disclosure of documents as required by a court order.Whipple J said: ‘In this case, the extent to which the Defendants are in continuing breach is in issue. In resolving that factual issue, Mr Milner suggests that it … Continue reading VIS Trading Co Ltd v Nazarov and Others: QBD 18 Nov 2015

Cutts v Head and Another: CA 7 Dec 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

O’Farrell v O’Farrell: QBD 1 Feb 2012

Applications were made for the enforcement of order obtained in Germany in family proceedings between the parties. Held: The court re-emphasised the duty on those seeking ex parte orders to give notice, informal if necessary, to the other party and to comply with the Civil Procedure Rules Tugendhat J [2012] EWHC 123 (QB) Bailii England … Continue reading O’Farrell v O’Farrell: QBD 1 Feb 2012

Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

Mr Lawson was employed by Serco as a security supervisor at the British RAF base on Ascension Island, which is a dependency of the British Overseas Territory of St Helena. Mr Botham was employed as a youth worker at various Ministry of Defence establishments in Germany; under the NATO Status of Forces Agreement of 1951 … Continue reading Serco Ltd v Lawson; Botham v Ministry of Defence; Crofts and others v Veta Limited: HL 26 Jan 2006

Tchenguiz and Another v Director of The Serious Fraud Office: ComC 29 Apr 2014

In an associated action, documents had been disclosed by the current respondent. The claimant sought an order allowing the documents to be released to a lawyer in support of consideration of taking action against third parties. The third party involved, having been given notice had no objection to the proposed release. Eder J [2014] EWHC … Continue reading Tchenguiz and Another v Director of The Serious Fraud Office: ComC 29 Apr 2014

Vidal-Hall and Others v Google Inc: QBD 16 Jan 2014

The claimants alleged misuse of their private information in collecting information about their internet useage when using Google products. Google now applied for an order setting aside consent for service out of the jurisdiction. Held: The judge dismissed the applications to set aside permission to serve the claim form out of the jurisdiction in respect … Continue reading Vidal-Hall and Others v Google Inc: QBD 16 Jan 2014

Baker Tilly (A Firm) v Makar: QBD 27 Mar 2013

The claimant accountants had represented the defendant in a dispute with former employees. They sought payment of their costs, but the claim was stayed until the defendant had the opportunity to to seek representation by a MacKenzie friend after the taxing master became concerned for her health and as to her ability to conduct proceedings. … Continue reading Baker Tilly (A Firm) v Makar: QBD 27 Mar 2013

Eastenders Cash And Carry Plc And Others v The United Kingdom: ECHR 27 Nov 2013

Statement of Facts – The company’s goods had been detained by Customs and Excise. A court later ordered their return, but found the detention to have been with reasonable cause. The Revenue had successfully argued that costs could not be awarded against them under a statutory immunity. 16788/13 – Communicated Case, [2013] ECHR 1284, [2014] … Continue reading Eastenders Cash And Carry Plc And Others v The United Kingdom: ECHR 27 Nov 2013

Vlad And Others v Romania (Legal Summary): ECHR 26 Nov 2013

ECHR Article 46-2 Execution of judgment Measures of a general character Respondent State encouraged to take further measures to provide genuine effective relief for violations of the right to a fair trial within a reasonable time Facts – In their applications to the European Court, the three applicants complained of the lack of an effective … Continue reading Vlad And Others v Romania (Legal Summary): ECHR 26 Nov 2013

JXMX (A Child) v Dartford and Gravesham NHS Trust: QBD 17 Dec 2013

The court asked whether it should make an order that the claimant be identified by letters of the alphabet, and that there be other derogations from open justice (an anonymity order), in a claim for personal injuries by a child or protected party which comes before the court for the approval of a settlement pursuant … Continue reading JXMX (A Child) v Dartford and Gravesham NHS Trust: QBD 17 Dec 2013

Raayan Al Iraq Co Ltd and Others v Trans Victory Marine Inc and Others: ComC 23 Aug 2013

Application for extension of two days to service of particulars of claim. The defendants resisted saying that the court should apply sanctions against the claimant. The claimants applied for relief under rule 3.9. Held: The new rules were against a background where it was recognised that courts had been too ready to grant relief. The … Continue reading Raayan Al Iraq Co Ltd and Others v Trans Victory Marine Inc and Others: ComC 23 Aug 2013

Thevarajah v Riordan and Others: ChD 10 Oct 2013

The court allowed the application of the first, second and fourth respondents for relief from sanction under CPR 3.9. Andrew Sutcliffe QC [2013] EWHC 3179 (Ch) Bailii Civil Procedure Rules 3.9 England and Wales Citing: See Also – Thevarajah v Riordan and Others ChD 9-Aug-2013 The court was asked first whether the defendants had complied … Continue reading Thevarajah v Riordan and Others: ChD 10 Oct 2013

Alphasteel Ltd v Shirkhani and Another: CA 23 Oct 2013

The Court was asked whether the court should give permission, pursuant to CPR 31.22(1)(b), for the use of disclosed documents other than for the purpose of the proceedings in which they were disclosed, in circumstances where those proceedings have been settled before trial, the documents have not been read to or by the court or … Continue reading Alphasteel Ltd v Shirkhani and Another: CA 23 Oct 2013

Mitchell v News Group Newspapers Ltd: QBD 1 Aug 2013

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

Kenny and Others v Abubaker and Others: CA 23 Oct 2012

The defendant landlord sought to appeal against an order that he pay to the respondent tenants a penalty under the 2004 Act of three times the tenancy deposit. The court was now asked whether there was has any right to have set aside a judgment reached on the merits, but in his absence. Held: Such … Continue reading Kenny and Others v Abubaker and Others: CA 23 Oct 2012

XXX v Camden London Borough Council: CA 11 Nov 2020

Anonymity in Court Proceedings – No two stage test XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought proceedings for judicial review of the Council’s housing allocation policy, … Continue reading XXX v Camden London Borough Council: CA 11 Nov 2020

Garnaga v Ukraine: ECHR 16 May 2013

ECHR Article 8Positive obligationsArticle 8-1Respect for family lifeRespect for private lifeRefusal to allow a change of patronymic: violationFacts – In March 2004 the applicant, a Ukrainian national, lodged a request for a change of her patronymic to one derived from her stepfather’s forename. The Registration Office refused on the grounds that the Rules on Civil … Continue reading Garnaga v Ukraine: ECHR 16 May 2013

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

ZXC v Bloomberg Lp: QBD 23 Feb 2017

Investigation of claimant was properly disclosed The claimant requested the removal of material naming him from the defendant’s website. Criminal investigations into a company with which he was associated were begun, but then concluded. In the interim, the article was published. The hearing had been in private and the claimant anonymised. Held: The weight to … Continue reading ZXC v Bloomberg Lp: QBD 23 Feb 2017

Sugar v British Broadcasting Corporation and Another (2): SC 15 Feb 2012

The claimant sought release of a report prepared by the respondent as to its coverage of the Arab/Israel conflict partly for journalistic purposes, and partly for compliance. Held: The appeal failed. Where the report was prepared even if only in part for jurnalistic purposes, it was exempt from disclosure under the 2000 Act. Lord Wilson … Continue reading Sugar v British Broadcasting Corporation and Another (2): SC 15 Feb 2012

Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001

Misfeasance in Public Office – Recklessness The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI. Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also where he acted with knowledge of, or … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3): HL 22 Mar 2001

Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates: QBD 18 Nov 2008

Application for non-party costs order against litigation funder. The third party denied that he was a person against whom an order could be made, and denied his formal involvement in the companies funding the litigation. Held: Such an order must be exceptional, and is not to be made simply because a party has funded the … Continue reading Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates: QBD 18 Nov 2008

Tim Martin Interiors Ltd v Akin Gump Llp: ChD 17 Nov 2010

The company borrowed money from a bank, who instructed the defendants to act in the loan. On recovering the loan, the borrowers challenged the amounts charged by the solicitors. The court was asked what were the powers for a third party paying a solicitor’s bill to challenge the amount, and how any reduction might be … Continue reading Tim Martin Interiors Ltd v Akin Gump Llp: ChD 17 Nov 2010

Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

Venulum Property Investments Ltd v Space Architecture Ltd and Others: TCC 22 May 2013

The claimant sought an extension of time to serve the Particulars of Claim. The solicitors said that they had misread the relevant Rules. Held: The solicitors had acted on the basis of the former practice, but the rules had been substantially changed, and the court is now to consider: ‘all the circumstances of the case, … Continue reading Venulum Property Investments Ltd v Space Architecture Ltd and Others: TCC 22 May 2013

E D and F Man Liquid Products Ltd v Patel and Another: CA 4 Apr 2003

The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success. Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of proof rests upon the claimant to establish that there are grounds for his belief … Continue reading E D and F Man Liquid Products Ltd v Patel and Another: CA 4 Apr 2003

Reid Minty (a firm) v Taylor: CA 2002

New CPR govern Indemnity Costs awards The defendant had successfully defended the main claim and now appealed against the refusal of an order for costs on an indemnity basis even though judge thought that the claimants had behaved unreasonably. He had said that some conduct deserving of moral condemnation was required. The defendant had made … Continue reading Reid Minty (a firm) v Taylor: CA 2002

Celador Radio Ltd v Rancho Steak House Ltd (Equitable Interpleader – Enforcement): QBD 16 Feb 2018

Equitable Interpleader Equitable Interpleader – Enforcement – controlled goods – interpleader – equity – common law – Civil Procedure – Rules of Supreme Court – title to goods – third party – Writ – High Court Enforcement Officers Victoria McCloud M [2018] EWHC 219 (QB) Bailii Civil Procedure Rules 85.4 85.5, Tribunals, Courts and Enforcement … Continue reading Celador Radio Ltd v Rancho Steak House Ltd (Equitable Interpleader – Enforcement): QBD 16 Feb 2018

Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994

Guidance for Wasted Costs Orders Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994

Hussain v Vaswani and Others: CA 18 Sep 2020

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

Jameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe Sprl (No 1): CA 26 Nov 2003

The court considered the levels of meaning in an article falsely connecting the claimant with terrorist activity: ‘Once it is recognised that the article may be asserting no more than that in one way or another the respondents may unwittingly have assisted terrorists in the past and may by introducing more controls be able to … Continue reading Jameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe Sprl (No 1): CA 26 Nov 2003

Al Rawi and Others v The Security Service and Others: CA 4 May 2010

Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory authority, could order a closed material procedure for part or all of the trial of … Continue reading Al Rawi and Others v The Security Service and Others: CA 4 May 2010

Locabail (UK) Ltd, Regina v Bayfield Properties Ltd: CA 17 Nov 1999

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

NML Capital Ltd v Argentina: SC 6 Jul 2011

The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets in the UK. They argued that the terms of issue waived state immunity. Held: The … Continue reading NML Capital Ltd v Argentina: SC 6 Jul 2011

Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be transferred only if the claimant’s brother paid all the Inheritance Tax. It was transferred … Continue reading Roberts v Gill and Co Solicitors and Others: SC 19 May 2010

Thomson v Berkhamsted Collegiate School: QBD 2 Oct 2009

Costs were to be sought against third parties to the action. A pupil had taken court action against the school seeking damages, alleging that it had failed to protect him from bullying. His action was discontinued. The school now sought its costs (andpound;250,000) from his parents, who had funded their son’s claim. The school sought … Continue reading Thomson v Berkhamsted Collegiate School: QBD 2 Oct 2009

Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006

The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion. Held: The school’s appeal succeeded. The school had acted responsibly and carefully seeking to balance and respect several interests when … Continue reading Begum (otherwise SB), Regina (on the Application of) v Denbigh High School: HL 22 Mar 2006

Media Cat Ltd v Adams and Others: PCC 18 Apr 2011

The claimants had begun copyright infringement cases. Having been refused a request to be allowed to withdraw the cases as an abuse, their solicitors now faced an application for a wasted costs order. Held: The court only has jurisdiction to make a wasted costs order when the impugned conduct has caused a waste of costs … Continue reading Media Cat Ltd v Adams and Others: PCC 18 Apr 2011

Abegaze v Shrewsbury College of Arts and Technology: CA 20 Feb 2009

In 2000 the claimant succeeded in his claim for discrimination, but had not pursued his remedy. He now appealed against a refusal to allow him to take it further. He had initially failed to pursue the matter for ill health. He later refused to submit to an examination by the defendant’s medical experts. Held: Whilst … Continue reading Abegaze v Shrewsbury College of Arts and Technology: CA 20 Feb 2009

Watson v Sadiq and Another: CA 16 Jul 2013

The appellant and defendant said that the agreement compromising their action, and embodied within a Tomlin schedule, had been reached by duress and was vitiated. He said that the Recorder had exercised undue influence in advising the need for a settlement by compromise, and had ventured into discussing the terms of what had been without … Continue reading Watson v Sadiq and Another: CA 16 Jul 2013

Mubarak v Mubarak: CA 2001

A judgment summons, issued was issued by the wife to enforce a lump sum order made against her husband in their divorce proceedings. The judge had performed his statutory duty which included having to satisfy himself under s. 25 of the 1973 Act of the income, earning capacity, property and other financial resources of the … Continue reading Mubarak v Mubarak: CA 2001

Mitchell MP v News Group Newspapers Ltd: CA 27 Nov 2013

(Practice Note) The claimant brought defamation proceedings against the defendant newspaper. His solicitors had failed to file his costs budget as required, and the claimant now appealed against an order under the new Rule 3.9, restricting very substantially the costs which might be made in his favour. Held: The appeal was refused. It was inherent … Continue reading Mitchell MP v News Group Newspapers Ltd: CA 27 Nov 2013

Alexander v Arts Council of Wales: CA 9 Apr 2001

In a defamation action, where the judge considered that, taken at their highest, the allegations made by the claimant would be insufficient to establish the claim, he could grant summary judgment for the defence. If the judge considered that a finding by a jury that the words alleged were defamatory, would inevitably be set aside … Continue reading Alexander v Arts Council of Wales: CA 9 Apr 2001

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 operated a service trading as ‘Money Claiming Expert’. Both services included advising those who might wish to claim refunds from banks. The claimant sought summary judgment. Held: The defence as filed proposed no real defence,merely putting the claimant … Continue reading Lewis v Client Connection Ltd: ChD 6 Jul 2011