Search Results for: Civil Procedure Rules Part II

Click the case name for better results:

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 v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

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

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

Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002

The claimant was the subject of confidential reports prepared by the defendants which were leaked to newspapers causing him damage. He sought leave to amend his claim to add claims for breach of the Data Protection Act and for public misfeasance. Under the Civil Procedure Rules a new claim should be allowed if it is … Continue reading Lord Ashcroft v Attorney General and Department for International Development: QBD 31 May 2002

Saleem v Secretary of State for Home Department: CA 13 Jun 2000

A rule which deemed service on an asylum applicant two days after postage of a special adjudicator’s determination irrespective of whether it was in fact received was outside the powers given to the Secretary, and is of no effect. The Act gave power to make rules, but the receipt of the determination was fundamental to … Continue reading Saleem v Secretary of State for Home Department: CA 13 Jun 2000

Branch and others v Department for Constitutional Affairs: QBD 8 Apr 2005

The claimant appealed against an order striking out his claim and a consequential civil proceedings order had been made. Held: ‘ the statement of case in this action disclose no reasonable grounds for bringing any of these claims. Accordingly it must be struck out in its entirety. ‘ Judges: Tugendhat Citations: [2005] EWHC 550 (QB) … Continue reading Branch and others v Department for Constitutional Affairs: QBD 8 Apr 2005

Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000

An application for an anti-social behaviour order against an individual was a civil, not a criminal proceeding. The standard of evidence required was on the balance of probability; the civil standard. Such proceedings were not subject to the additional protection of the human rights convention. Necessarily, the circumstances from which protection was sought were ones … Continue reading Regina v Manchester Crown Court, ex parte McCann and others: QBD 22 Nov 2000

Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006

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

Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009

Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006

The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland. Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be … Continue reading Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006

Environment Agency v Lewin Fryer and Partners: TCC 6 Jul 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

Lexi Holdings (In Administration) v Pannone and Partners: ChD 18 Jun 2010

Opposed application for an order for the provision of further information under CPR 18.1. Judges: Briggs J Citations: [2010] EWHC 1416 (Ch) Links: Bailii Statutes: Civil Procedure Rules 18.1 Jurisdiction: England and Wales Citing: See Also – Lexi Holdings (In Administration) v Pannone and Partners ChD 26-Oct-2009 The parties sought preliminary decisions in their court … Continue reading Lexi Holdings (In Administration) v Pannone and Partners: ChD 18 Jun 2010

‘Bow Spring’, Owners of Ship v ‘Manzanillo Ii’, Owners of Ship: CA 28 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

Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another: CA 25 Mar 2004

The word ‘private’ in rule 39.2 means the same as ‘secret’. Lord Justice Mance said: ‘It may be equated with the old ‘in camera’ procedure, rather than the old ‘in chambers’ procedure.’ Privacy and confidentiality are features long assumed to be implicit in parties’ choice to arbitrate in England. Judges: Mance VC, Carnwath, Mance LJJ … Continue reading Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another: CA 25 Mar 2004

Lloyd v John Lewis Partnership: CA 1 Jul 2001

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

Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003

The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve. Held: In exercising this function, the LCJ was acting in a judicial capacity, and therefore his recommendation was not subject to … Continue reading Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice: Admn 21 Nov 2003

Tasyurdu v Secretary of State for the Home Department: CA 24 Mar 2003

The case was listed to be heard on the Monday. On the Friday before it had been settled. The court complained of the lawyers that they had not informed the court, and that consequently much of the judge’s time over the weekend had been wasted in preparatrion. The parties must recognise that a judge would … Continue reading Tasyurdu v Secretary of State for the Home Department: CA 24 Mar 2003

Regina (Shah) v Immigration Appeal Tribunal. Secretary of State for the Home Department, interested party: CA 22 Nov 2004

The applicant had fled Pakistan to claim asylum. His application for judicial review of the decision to reject his request for asylum failed. It had been decided in Scotland. He appealed. Held: It was not open to the Secretary of State to raise on appeal a question as to jurisdiction which had not been raised … Continue reading Regina (Shah) v Immigration Appeal Tribunal. Secretary of State for the Home Department, interested party: CA 22 Nov 2004

Budgen v Andrew Gardner Partnership: CA 31 Jul 2002

The defendant firm of solicitors appealed an order for costs against it based upon a percentage calculation. They sought an issues based costs order. Held: Where there was insufficient information upon which to calculate an issues based costs order, it could be appropriate to make a percentage based order under subsection (f). Whilst issues based … Continue reading Budgen v Andrew Gardner Partnership: CA 31 Jul 2002

Regina (on the Application of Harris) v Secretary of State for the Home Department: CA 14 Feb 2002

The respondent had acquired the right to live in the UK. After visiting Jamaica, he was refused entry. He appealed and was admitted. The Secretary of State sought an extension of time to file a request for leave to appeal with the Court of Appeal. Held: The time for such an appeal was 14 days. … Continue reading Regina (on the Application of Harris) v Secretary of State for the Home Department: CA 14 Feb 2002

Butt, Regina (on The Application of) v Secretary of State for The Home Department (Indemnity Costs): UTIAC 4 Feb 2022

Whilst no mention of the basis of costs assessment is made in the Tribunals, Courts and Enforcement Act 2007 or the Tribunal Procedure (Upper Tribunal) Rules 2008, the distinction drawn between the standard and indemnity bases by CPR 44.3(1) can properly inform the exercise of discretion by the Immigration and Asylum Chamber of the Upper … Continue reading Butt, Regina (on The Application of) v Secretary of State for The Home Department (Indemnity Costs): UTIAC 4 Feb 2022

Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

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

Thurrock Borough Council v Secretary of State for the Enviroment, Transport and The Regions ex parte Terry Holding: CA 13 Dec 2000

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

In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997

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

Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997

The defendant sought judicial review of his court-martial and of the confirming officers. He said the court should have heard that he committed the offence whist intixicated after taking an anti-malarial drug. The court dd not explain why it had found no causal connection beween the treatment and the offence. Held: There is no over-riding … Continue reading Regina v Ministry of Defence ex parte Colin James Murray: QBD 15 Dec 1997

Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

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

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

ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011

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

Kimondo, Regina (on The Application of) v Secretary of State for The Home Department (Relevant Rules; AOS Requirements) (IJR): UTIAC 14 Nov 2014

(1) In judicial review applications transferred by the Administrative Court to the Upper Tribunal, the applicable procedural regime is that contained in the Tribunal Procedure (Upper Tribunal) Rules 2008. The Civil Procedure Rules have no effect thereafter; although the procedural history may be significant, particularly as regards time limits. (2) The prohibition in rule 29(3) … Continue reading Kimondo, Regina (on The Application of) v Secretary of State for The Home Department (Relevant Rules; AOS Requirements) (IJR): UTIAC 14 Nov 2014

Michael Wilson and Partners Ltd v Sinclair and Others: CA 23 Jul 2015

Richards, Christopher Clarke LJJ [2015] EWCA Civ 774, [2015] 4 Costs LR 707, [2015] CP Rep 45 Bailii England and Wales Citing: See Also – Emmott v Michael Wilson and Partners Ltd CA 12-Mar-2008 The court considered the implication of the obligation of confidentiality in banking contracts or in arbitration agreements. It is ‘really a … Continue reading Michael Wilson and Partners Ltd v Sinclair and Others: CA 23 Jul 2015

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Regina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another: HL 23 May 2002

The applicant sought judicial review of the respondent’s grant of planning permission for a development which would affect her. The authority objected that the application was made after three months after their decision, and so leave should not be granted, and also that her application for leave having been refused, there was no jurisdiction in … Continue reading Regina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another: HL 23 May 2002

Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

Secretary of State for the Home Department v Rehman: HL 11 Oct 2001

The applicant, a Pakistani national had entered the UK to act as a Muslim priest. The Home Secretary was satisfied that he was associated with a Muslim terrorist organisation, and refused indefinite leave to remain. The Home Secretary provided both open and closed statements to the tribunal. The open statement accepted that the organisation was … Continue reading Secretary of State for the Home Department v Rehman: HL 11 Oct 2001

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

SK (Zimbabwe) v Secretary of State for the Home Department: CA 6 Nov 2008

Immigration detention proper after prison release The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 Act. The court had found that the detention had … Continue reading SK (Zimbabwe) v Secretary of State for the Home Department: CA 6 Nov 2008

Grace, Regina (on The Application of) v Secretary of State for The Home Department: CA 9 Jun 2014

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

Regina v South London Coroner ex parte Thompson: 8 Jul 1982

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 feelings are running high and the spectators are emotionally involved … Continue reading Regina v South London Coroner ex parte Thompson: 8 Jul 1982

Regina v North Humberside and Scunthorpe Coroner ex parte Jamieson: CA 27 Apr 1994

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

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty: QBD 28 May 2004

The claimant companies conducted forms of medical research to which the respondents objected, and showed their objections by a wide variety of acts and threats which the claimants sought to have stopped. The defendants sought discharge of an interim injunction. Held: The case of Burris was instructive. New powers were available including ASBOs and under … Continue reading Huntingdon Life Sciences Group Plc Huntingdon Life Sciences Limited, Brian Cass (for and on Behalf of the Employees of the First Claimant Pursuant To Cpr Part 19.6) v Stop Huntingdon Animal Cruelty: QBD 28 May 2004

Secretary of State for the Home Department v MB; Same v AF: HL 31 Oct 2007

Non-derogating control orders – HR Compliant MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square mile area, and had … Continue reading Secretary of State for the Home Department v MB; Same v AF: HL 31 Oct 2007

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

Regina v South London Coroner ex parte Thompson; 8 Jul 1982

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

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

Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010

In each of three cases, the former defendants sought leave to bring claims for contempt of court in respect of what it said were fraudulent claims by the respondents. The defendants argued that a party had first to go to the Attorney General. Held: ‘Notwithstanding the language of Rules 32.14 and 31.23 and, in particular, … Continue reading Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010

Aoot Kalmneft v Glencore International Ag and Another: ComC 27 Jul 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: ComC 27 Jul 2001

Mullock v Price (T/A The Elms Hotel Restaurant): CA 15 Oct 2009

The court was asked as to what issues were relevant when considering an application to set aside judgment in default and in particular when asking ‘whether the person seeking to set aside the judgment made an application to do so promptly’. Judges: Ward, Sedley, Smith LJJ Citations: [2009] EWCA Civ 1222, [2010] CP Rep 10 … Continue reading Mullock v Price (T/A The Elms Hotel Restaurant): CA 15 Oct 2009

Reynolds v Stone Rowe Brewer (A Firm): QBD 18 Mar 2008

The solicitors appealed against the assessment of their costs. The judge had found that they had estimated their costs and applied a 15% margin of error. Held: the judge should have given reasons for his judgment to allow the parties to assess the prospects of an appeal. There had been unusual developments, but the estimates … Continue reading Reynolds v Stone Rowe Brewer (A Firm): QBD 18 Mar 2008

McLaughlin v Daily Telegraph Newspaper Co. Ltd: 15 Jul 1904

(High Court of Australia) The court considered the law on the effect of mental incapacity on a contract in the two cases Imperial Loan, and Molton v Camroux: ‘The principle of the decision seems, however, to be the same in both cases, which, in our judgment, establish that a contract made by a person actually … Continue reading McLaughlin v Daily Telegraph Newspaper Co. Ltd: 15 Jul 1904

Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005

It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005

Cala Homes (South) Limited v Chichester District Council: Admn 20 Aug 1999

A claim to set aside parts of a local plan had been filed in the wrong court, and without the forms as now required under the Civil Procedure Rules. A new application would be out of time. An application allowing transfer and correction of the faults succeeded, since the true nature of the claim was … Continue reading Cala Homes (South) Limited v Chichester District Council: Admn 20 Aug 1999

Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017

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

Smit International (Deutschland) Gmbh v Josef Mobius Baugesellschaft Gmbh and Co: ComC 7 Jun 2001

Application by Defendants to set aside a default judgment entered against them pursuant to CPR Part 12.10, by reason of the Defendant’s failure to acknowledge service within time. Judges: The Hon Mr Justice Morison Citations: [2001] EWHC 531 (Comm) Links: Bailii Statutes: Civil Procedure Rules 12.10 Jurisdiction: England and Wales Civil Procedure Rules Updated: 04 … Continue reading Smit International (Deutschland) Gmbh v Josef Mobius Baugesellschaft Gmbh and Co: ComC 7 Jun 2001

King v Telegraph Group Ltd: CA 18 May 2004

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

Expandable Ltd and Another v Rubin: CA 11 Feb 2008

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

Ali Reza-Delta Transport Co Ltd v United Arab Shipping Co Sag: CA 17 Jun 2003

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

Harvey Shopfitters Ltd v ADI Ltd: CA 13 Nov 2003

The court dismissed the claimants appeal, but discussed the need now for the parties to file core bundles at least one week before the hearing. Additional agreed bundles of authorities should have the appropriate passages clearly marked and filed within the same time scale. Failures to abide by these requirements will be dealt great disfavour. … Continue reading Harvey Shopfitters Ltd v ADI Ltd: CA 13 Nov 2003

Lucas v Barking, Havering and Redbridge Hospitals NHS Trust: CA 23 Jul 2003

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

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

Crosbie v Munroe, Motor Insurer’s Bureau: CA 14 Mar 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

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

Regina (Smith, Trevor) v Parole Board: CA 30 Jun 2003

The applicant had been granted leave to present a petition for judicial review, but on certain grounds only. On the hearing, he sought again to present the case including the grounds upon which permission had not been granted. Held: The judge who heard the substantive application could hear an application based additionally upon grounds rejecetd … Continue reading Regina (Smith, Trevor) v Parole Board: CA 30 Jun 2003

McPhilemy v Times Newspapers Ltd; Liam Clarke and and Andrew Neil (No 3): CA 12 Jun 2001

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

P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003

The claimants had made a Part 36 offer at first instance, but the matter was appealed. Having won at appeal they sought their costs on an indemnity basis of the appeal also. Held: If a party wished to protect itself by a Part 36 offer, it must be made both at first instance, and again … Continue reading P and O Nedlloyd BV Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited/East West Corporation (No 2): CA 19 Feb 2003

Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

Leigh v Michelin Tyre Plc: CA 8 Dec 2003

The parties had submitted costs estimates which proved later to be quite inadequate. Held: It was a central principle of the Civil Procedure Rules that costs should be controlled. Solicitors should file costs estimates not only at the allocation questionnaire stage but also at the listing questionnaire. The practice direction was framed in mandatory terms. … Continue reading Leigh v Michelin Tyre Plc: CA 8 Dec 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

Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997

The issue was the appropriateness of a Court striking an action out where there has been considerable delay if: (i) the cause of action relied upon by the plaintiff in the proceedings would be statute barred if the action were to be struck out, but (ii) the plaintiff has another cause of action upon which … Continue reading Arbuthnot Latham Bank Limited; Nordbanken London Branch v Trafalgar Holdings Limited; Ashton and Ashton: CA 16 Dec 1997

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

Dar v Vonsak and Another: QBD 17 Dec 2012

The second defendant insurers appealed against a refusal by the court to allow it to withdraw an admission of liability in respect of a road traffic accident. The insurer said that the fact that it now saw the accident as fraudulent was an exceptional circumstance such as to allow the change. Held: The appeal failed. … Continue reading Dar v Vonsak and Another: QBD 17 Dec 2012

Earles v Barclays Bank plc: Merc 8 Oct 2009

The claimant had lost his claim against the bank, but resisted the amount of costs claimed. Held: The trial had been of a simple factual dispute, and the bank had failed adequately to disclose electronically held material in its possession. The bank had also, and despite having inhouse counsel, employed disproportionately expensive lawyers. The bank … Continue reading Earles v Barclays Bank plc: Merc 8 Oct 2009

Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

The claimant sought to enforce a judgment debt against a foreign resident company, and for this purpose to examine or have examined a director who lived abroad. The defendant said that the rules gave no such power and they did, the power was outside the rule-maker’s power. Held: Even though the rule-making power is wide … Continue reading Masri v Consolidated Contractors International Co Sal and Others: HL 30 Jul 2009

GW Pharma Ltd and Another v Otsuka Pharmaceutical Co Ltd: CA 8 Nov 2022

Appeal from an order dismissing the application of the defendants made under CPR Part 11 contesting the court’s jurisdiction and seeking a stay of proceedings. In giving permission to appeal Arnold LJ noted that grounds 1-3 raised important issues as to the jurisdiction of the court to determine the validity of foreign patents, relating to … Continue reading GW Pharma Ltd and Another v Otsuka Pharmaceutical Co Ltd: CA 8 Nov 2022

Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

The defendant appealed against an anti-social behaviour order. He had been a journalist, and began a private newsletter and campaign alleging amongst other things corruption in the police. He complained that his article 10 rights had been infringed. Held: The order was quashed. Pitchford LJ said: ‘that separate issues arise out of these blogs. In … Continue reading Perry v Chief Constable of Humberside Police: Admn 18 Oct 2012

HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007

The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that … Continue reading HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007

ES v Chesterfield and North Derbyshire Royal Hospital NHS Trust: CA 25 Jul 2003

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

Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999

The applicants sought to strike out a claim under section 459. The two companies sold toiletries, the one as retail agent for the other. They disputed the relationship of the companies, and the use of a trading name. Documents were disclosed which appeared to be fabrications. Held: Where a party was in breach of court … Continue reading Arrow Nominees Inc, Blackledge v Blackledge: ChD 2 Nov 1999

Stallwood v David and Another: QBD 25 Oct 2006

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

CIBC Mellon Trust Company and others v Mora Hotel Corp Nv and Another: CA 19 Nov 2002

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

Scammell and Others v Dicker: CA 21 Dec 2000

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

Nield and Another v Loveday and Another: Admn 13 Jul 2011

The court considered the institution of proceedings for contempt of court based upon an allegation that a document filed in court proceedings and supported by a statement of truth was false. In this case the defendant argued that the first claimant had grossly exaggerated his injuries. The second claimant had come to admit the falsity … Continue reading Nield and Another v Loveday and Another: Admn 13 Jul 2011

Chan v Alvis Vehicles Ltd and Another: ChD 8 Dec 2004

The parties had had a part trial, and settled. The Gardian Newspaper now applied for disclosure of various documents to support a proposed news story. The parties had disputed payment to the claimant of commissions on the sales of military vehicles by the defendant to an overseas government. The disclosure was opposed by the defendants. … Continue reading Chan v Alvis Vehicles Ltd and Another: ChD 8 Dec 2004

Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997

A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent abuse of process, and the procedure had been explicitly adopted by … Continue reading Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court): HL 16 Dec 1997

Dellal v Dellal and Others: FD 1 Apr 2015

The families disputed a claim under the 1975 Act. The defendants now sought summary dismissal of the claim. Judges: Mostyn J Citations: [2015] EWHC 907 (Fam) Links: Bailii Statutes: Inheritance (Provision for Family and Dependants) Act 1975 Jurisdiction: England and Wales Citing: Cited – Kemmis v Kemmis (Welland and Others Intervening) CA 1988 H had … Continue reading Dellal v Dellal and Others: FD 1 Apr 2015

Ali v Associated Newspapers Ltd: QBD 27 Jan 2010

The claimant sought damages in defamation, saying that a combination of publications identified him. Held: Eady J briefly discussed the effect of hyperlinks in the context of a dispute about meaning or reference in a defamation case. Judges: Eady J Citations: [2010] EWHC 100 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Swain … Continue reading Ali v Associated Newspapers Ltd: QBD 27 Jan 2010

Armstrong v Times Newspapers Ltd and David Walsh, Alan English: CA 29 Jul 2005

The claimant sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity. Held: The defence of qualified privilege should be restored, and be decided at trial, and not summarily. Judges: Brooke LJ, Tuckey LJ, Arden LJ … Continue reading Armstrong v Times Newspapers Ltd and David Walsh, Alan English: CA 29 Jul 2005