Search Results for: Civil Procedures Rules 6

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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

Ingenico (UK) Ltd v Newt Ltd: IPO 18 Jan 2006

(Patent) The claimant sought to amend its statement by referring to a further prior art document. The defendant raised no objection, subject to an order for costs wasted in respect of the amendment. However in its subsequent counter-statement, the defendant said that the statement was lengthy, repetitive and could not be succinctly answered, and later … Continue reading Ingenico (UK) Ltd v Newt Ltd: IPO 18 Jan 2006

Feldbrugge v The Netherlands: ECHR 29 May 1986

The court was asked whether the applicant’s entitlement to a statutory sickness allowance, which was a contributory scheme but for which she had not registered due to illness, was a civil right within the meaning of article 6. Held: The applicant claimed a right ‘flowing from specific rules laid down by the legislation in force’ … Continue reading Feldbrugge v The Netherlands: ECHR 29 May 1986

Doncaster Pharmaceuticals Group Ltd and Others v The Bolton Pharmaceutical Company 100 Ltd: CA 26 May 2006

Appeals were made against interlocutory injunctions for alleged trade mark infringement. Held: The court should hesitate about making a final decision for summary judgment without a trial, even where there is no obvious conflict of fact at the time of the application, where reasonable grounds exist for believing that a fuller investigation into the facts … Continue reading Doncaster Pharmaceuticals Group Ltd and Others v The Bolton Pharmaceutical Company 100 Ltd: CA 26 May 2006

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

United States of America, Regina (on the Application of) v Bow Street Magistrates’ Court: Admn 6 Sep 2006

The defendant a serving prisoner sought an adjournment of his extradition to a time closer to the end of the sentence he was to serve in England. Held: The court had sympathy with the argument that where the district judge is being invited to express his satisfaction over matters under section 11 and section 21 … Continue reading United States of America, Regina (on the Application of) v Bow Street Magistrates’ Court: Admn 6 Sep 2006

Sekhon, etc v Regina: CACD 16 Dec 2002

The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements. Held: The courts must remember the importance of such procedures in the fight against crime, and must not allow procedural or technical failures to defeat that purpose. Courts should rather look to see … Continue reading Sekhon, etc v Regina: CACD 16 Dec 2002

The Convergence Group Plc and Another v Chantrey Vellacott (a Firm): CA 16 Mar 2005

An accountant sought payment of his professional fees. The defendants had sought to re-amend their defence and counterclaim. Appeals had variously been allowed to go ahead or denied after the master had not been able to deal with all of them for lack of time. Held: The several appeals raised common issues. Some were first … Continue reading The Convergence Group Plc and Another v Chantrey Vellacott (a Firm): CA 16 Mar 2005

Price v Price (Trading As Poppyland Headware): CA 26 Jun 2003

The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the procedure for applications for extension of time. Held: The lower courts had failed to apply … Continue reading Price v Price (Trading As Poppyland Headware): CA 26 Jun 2003

Appleby Global Group Llc v British Broadcasting Corporation and Another: ChD 26 Jan 2018

Claim by international firm of lawyers for breach of confidence against publishers who had received and published that information. The court now considered which division of the High Court should hear the claim. Held: Rose J considered the creation of the M and CL and observed: ‘the starting point is, as I have said, that … Continue reading Appleby Global Group Llc v British Broadcasting Corporation and Another: ChD 26 Jan 2018

Anglia Research Services Ltd and Another v Finders Genealogists Ltd and Another: QBD 17 Feb 2016

The parties were competing companies. The claimant sought to usePre-action disclosure procedures after proceedings had already been issued. Held: ‘the Claimants have made out a clear and strong case for the exercise of the Court’s discretion to order pre-action disclosure in their favour, and I so order.’ Moloney QC HHJ [2016] EWHC 297 (QB) Bailii … Continue reading Anglia Research Services Ltd and Another v Finders Genealogists Ltd and Another: QBD 17 Feb 2016

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

Klausecker v Germany (Dec): ECHR 6 Jan 2015

ECHR Article 6 Civil proceedings Article 6-1 Access to court Limitations on access to domestic courts to review recruitment procedure before European Patent Office when reasonable alternative procedure (arbitration) available: inadmissible Facts – The applicant, who is disabled, applied for a post as a patent examiner at the European Patent Office (EPO) in Munich. Although … Continue reading Klausecker v Germany (Dec): ECHR 6 Jan 2015

In re L (A Child): CA 22 Mar 2016

U appealed from conviction and sentence of six months for contempt of court. The court used its inherent jurisdictionVos LJ said: ‘The process of committal for contempt is a highly technical one as this case shows. But it is highly technical for a very good reason, namely the importance of protecting the rights of those … Continue reading In re L (A Child): CA 22 Mar 2016

Blockbuster Entertainment Ltd v James: CA 25 May 2006

The defendant company appealed against an order re-instating the claimants’ claims for damages for race discrimination and victimisation after they had been struck out for wilful disobedience of the tribunal’s orders. Held: When making a strike-out order, there were two cardinal conditions at least one of which must be met. Either the unreasonable conduct has … Continue reading Blockbuster Entertainment Ltd v James: CA 25 May 2006

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

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

Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the claimant? Held: A finding that a Convention right has been infringed, including a … Continue reading Anufrijeva and Another v London Borough of Southwark: CA 16 Oct 2003

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

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

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

Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

The claimants had been in coaches being driven to take part in a demonstration at an air base. The defendant police officers stopped the coaches en route, and, without allowing any number of the claimants to get off, returned the coaches to London. The officer acted saying that he feared a breach of the peace … Continue reading Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire: HL 13 Dec 2006

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

Birmingham City Council v Lee: CA 30 Jul 2008

Costs in a housing disrepair case: ‘The question which we have to consider arises where, on receipt of that notification, the landlord promptly carries out the repairs. If he does, that will remove from the tenant’s claim in the court action subsequently brought any application for specific performance of the repairing covenant, but will, very … Continue reading Birmingham City Council v Lee: CA 30 Jul 2008

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

Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 2003

The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings. Held: The transfer moved tenants from the secure tenancy regime to the assured tenancy regime, with different notices and procedures. The notices were not significantly … Continue reading Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 2003

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

Enea v Italy: ECHR 17 Sep 2009

(Grand Chamber) The applicant, a prisoner serving a long sentence for Mafia-type criminal offences, was subjected to a special regime by ministerial decrees. The restrictions included not only very limited family visits but also a long period (seemingly about three years) in a special form of high-security unit which involved separation from prisoners in other … Continue reading Enea v Italy: ECHR 17 Sep 2009

Bairstow and Others v Queens Moat Houses Plc: CA 7 Aug 1997

New rules on evidence procedures are not retrospective. Notices under the 1968 Act should have been served to be allowed to admit hearsay evidence. Citations: Times 23-Oct-1997, [1998] 1 All ER 343, [1997] EWCA Civ 2290 Links: Bailii Statutes: Civil Evidence Act 1968, Civil Evidence Act 1995 Jurisdiction: England and Wales Litigation Practice, Evidence Updated: … Continue reading Bairstow and Others v Queens Moat Houses Plc: CA 7 Aug 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

In re X and Y (Foreign Surrogacy): FD 9 Dec 2008

The court considered the approval required for an order under the 2002 Act. Held: Welfare considerations were important but not paramount: ‘Given the permanent nature of the order under s.30, it seems reasonable that the court should adopt the ‘lifelong’ perspective of welfare in the Adoption and Children Act 2002 rather than the ‘minority’ perspective … Continue reading In re X and Y (Foreign Surrogacy): FD 9 Dec 2008

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012

The defendant appealed against a refusal to strike out the claim which was to seek to enforce a judgment obtained in Kiev and in the Ukraine Supreme Court. Held: It had been a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment. A court in England had … Continue reading Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz: CA 29 Feb 2012

McKeown v British Horseracing Authority: QBD 12 Mar 2010

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

Olakunle O Olatawura v Alexander O Abiloye: CA 17 Jul 2002

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

Dunnett v Railtrack plc: CA 22 Feb 2002

The claimant had appealed a judgment against her. The court itself recommended that the parties use a method of alternate dispute resolution, to avoid the need for appeal. The defendant refused, not wishing to make any payment over and above the offer it had already made. Held: The defendant, otherwise successful on appeal, should be … Continue reading Dunnett v Railtrack plc: CA 22 Feb 2002

Slot and Slot v Isaac: CA 12 Apr 2002

Leave to appeal was sought against a judge’s finding that he had no jurisdiction to hear an application for leave to appeal against another order itself refusing leave to appeal against a case management decision. The party had declined to make any application to the original judge. They said that were following a path they … Continue reading Slot and Slot v Isaac: CA 12 Apr 2002

Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011

Further applications in defendant’s application for summary judgment and or security for costs in the claimant’s claim alleging copyright infringement. Held: The claimant was ordered to pay a sum of andpound;50,000 as security for costs.Kitchin J summarised the principles: ‘(i) the court has jurisdiction under rule 24.6 to make an order which is tantamount to … Continue reading Allen v Bloomsbury Publishing Plc and Another: ChD 18 Mar 2011

HM and Others (Article 15(C)) Iraq CG: UTIAC 22 Sep 2010

UTIAC Rule 9(5) of the Tribunal Procedure (Upper Tribunal) Rules 2008, which provides for UNHCR participation in Upper Tribunal proceedings as an intervener in an ‘asylum case’, is to be construed purposively to include subsidiary (humanitarian) protection. In deciding whether to accept an application by an appellant to withdraw an appeal in an asylum-related case … Continue reading HM and Others (Article 15(C)) Iraq CG: UTIAC 22 Sep 2010

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

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

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

Schuler-Zgraggen v Switzerland: ECHR 24 Jun 1993

The court considered a contributory invalidity scheme: ‘today the general rule is that Article 6(1) does apply in the field of social insurance, including even welfare assistance . . State intervention is not sufficient to establish that Article 6(1) is inapplicable; other considerations argue in favour of the applicability of Article 6(1) in the instant … Continue reading Schuler-Zgraggen v Switzerland: ECHR 24 Jun 1993

Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007

The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against … Continue reading Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007

Bradley v The Jockey Club: CA 12 Jul 2005

The Jockey had been disqualified from riding for five years for breaches of the club’s rules. He said the punishment was disproportionate in effectively preventing him working for a living. Held: The appeal failed, and the judge’s analysis was approved. Having entered the profession, the claimant must accept its rules. He had broken them. The … Continue reading Bradley v The Jockey Club: CA 12 Jul 2005

Cowl and Others v Plymouth City Council: CA 14 Dec 2001

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

Burchell v Bullard and others: CA 8 Apr 2005

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

Uphill v BRB (Residuary) Ltd: CA 3 Feb 2005

The court considered an application for leave for a second appeal. Held: Pursuant to the Practice Direction, the court certified that though this was an application for leave, it could be cited: ‘the reference in CPR 52.13(2)(a) to ‘an important point of principle or practice’ is to an important point of principle or practice that … Continue reading Uphill v BRB (Residuary) Ltd: CA 3 Feb 2005

Practice Statement (Admiralty and Commercial Courts: Procedure): ChD 18 Mar 2002

The three rules listed in the Civil Procedure Rules, should also be applied in the Admiralty and Commercial Courts, with effect from March 25 2002. Child marks the change over to the Civil Procedures Rules from the Commercial Court Guide, for much business in those courts, and a new edition of the Guide has been … Continue reading Practice Statement (Admiralty and Commercial Courts: Procedure): ChD 18 Mar 2002

The United States of America v Nolan: SC 21 Oct 2015

Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015

Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

EAT Unfair Dismissal – CompensationIn each case, The employee sought additional damages for non-economic loss after an unfair dismissal. Held: The Act could be compared with the Discrimination Acts which explicitly awarded damages for hurt feelings. Clear authority lay against such awards in unfair dismissal cases. An Employment Tribunal considering a claim for damages for … Continue reading Dunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association: EAT 8 Apr 2003

Vento v The Chief Constable of West Yorkshire Police (No 2): CA 20 Dec 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

Mohamad Al Fayed v The Commissioner of Police of the Metropolis: CA 29 May 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

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

De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a niqab; second the importance of a uniform policy as … Continue reading X, Regina (on the Application of) v Y School: Admn 21 Feb 2007

Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald: CA 12 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

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

Hildebrand v Hildebrand: 1992

The parties in ancillary relief proceedings sought orders for discovery. H had been to the wife’s flat surreptitiously on five occasions, and taken photocopies of so many documents obtained by him in the course of those visits (but returned after photocopying) that the photocopies themselves would now ‘fill a crate’, as the judge was told. … Continue reading Hildebrand v Hildebrand: 1992

Prosecutor v Furundzija: 1 Apr 1999

(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

Minister of National Revenue v Coopers and Lybrand: 1979

(Supreme Court of Canada) The court sought to define the distinctive characteristics of a quasi-judicial act: ‘ (1) Is there anything in the language in which the function is conferred or in the general context in which it is exercised which suggests that a hearing is contemplated before a decision is reached? (2) Does the … Continue reading Minister of National Revenue v Coopers and Lybrand: 1979

In Re C (Legal Aid: Preparation of Bill of Costs): CA 2001

The appellant argued that the Costs Practice Direction, supplementing Parts 43-48 of the CPR, had the same force in law as the Legal Aid in Family Proceedings (Remuneration) Regulations 1991; and that they impliedly amended or repealed them in so far as they were inconsistent. Held: The argument was rejected. Hale LJ said: ‘Unlike the … Continue reading In Re C (Legal Aid: Preparation of Bill of Costs): CA 2001

Breeze v John Stacey and Sons Ltd: CA 21 Jun 1999

The introduction of the Civil Procedures Rules has done nothing to change the rules or principles affecting the receipt of privileged and confidence protected documents inadvertently disclosed to a party. He had no obligation to examine them carefully to ascertain whether they were privileged and to ask whether the privilege and confidence had been waived. … Continue reading Breeze v John Stacey and Sons Ltd: CA 21 Jun 1999

Amin Rasheed Shipping Corp v Kuwait Insurance Co: HL 1983

A claimant must show good reason why service on a foreign defendant should be permitted. This head of jurisdiction was an exorbitant jurisdiction, one which, under general English conflict rules, an English court would not recognise as possessed by any foreign court in the absence of some treaty providing for such recognition. Comity dictated that … Continue reading Amin Rasheed Shipping Corp v Kuwait Insurance Co: HL 1983

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

Regina v The Professional Conduct Committee of the United Kingdom Central Council ex parte Wood and Thompson: Admn 19 Feb 1993

The applicant sought to appeal against findings of professional misconduct as a nurse. Held: Buckley J set out what was meant by a rehearing within the rules governing the Council’s disciplinary procedures: ‘Rehearing is to be understood as it is under Order 59 which governs appeals to the Court of Appeal when exercising its civil … Continue reading Regina v The Professional Conduct Committee of the United Kingdom Central Council ex parte Wood and Thompson: Admn 19 Feb 1993

Turner v Grovit and others: CA 28 May 1999

A court has an inherent power to injunct a party not to institute or continue proceedings abroad, where they appear intended purely to harass another party in proceedings here. The two actions here were based upon the ‘same contractual relationship’ and concerned the ‘same subject matter’. This is not limited to cases of exclusive jurisdiction … Continue reading Turner v Grovit and others: CA 28 May 1999

Financial Services Authority v Rourke: ChD 19 Oct 2001

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

Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979

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

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Turner v Grovit and others: HL 13 Dec 2001

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

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

Roberts v Parole Board: HL 7 Jul 2005

Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005

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

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Seal v Chief Constable of South Wales Police: CA 19 May 2005

Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek permission from the court as was required by s139(2). Held: The appeal … Continue reading Seal v Chief Constable of South Wales Police: CA 19 May 2005

In re Good, deceased; Carapeto v Good and Others: ChD 19 Apr 2002

The normal rules as to costs contained in the CPR should also be followed in probate actions save only that the judge should also take account of the guidance in the Spiers case, where an alternative costs order might be made if the testator or those interested in the residue had been the cause of … Continue reading In re Good, deceased; Carapeto v Good and Others: ChD 19 Apr 2002

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

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

Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty (SHAC): QBD 15 Mar 2007

The claimant company was licensed to carry out scientific research, including research on live animals. The defendant association and its members opposed such work as cruel. The claimant had obtained an injunction to restrain the defendants harrassing protests. They now sought additional orders to protect staff members. Held: The order had provided a structure within … Continue reading Huntingdon Life Sciences Group Plc and Another v Stop Huntingdon Animal Cruelty (SHAC): QBD 15 Mar 2007

Matthews v Collins (T/A Herbert Collins and Sons) and Others: QBD 4 Oct 2013

Application to strike out claim as an abuse of process. The claim was for asbestos related condition leading to the death of the claimant’s husband. The defendants denied liability and causation, saying that he had been a confirmed smoker. The post mortem had found asbestos fibres. The defendants complained that the actions of the claimants … Continue reading Matthews v Collins (T/A Herbert Collins and Sons) and Others: QBD 4 Oct 2013

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

Rolls-Royce plc v Unite the Union: CA 14 May 2009

The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case had otherwise been effectively settled. Held: With considerable misgivings, the court agreed to hear the appeal. … Continue reading Rolls-Royce plc v Unite the Union: CA 14 May 2009

Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs.Com Ltd: CA 14 Jul 2004

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

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

Halsey v Milton Keynes General NHS Trust etc: CA 11 May 2004

The court considered the effect on costs orders of a refusal to take part in alternate dispute resolution procedures. The defendant Trust had refused to take the dispute to a mediation. In neither case had the court ordered or recommended ADR. Held: If the parties (or at least one of them) remain intransigently opposed to … Continue reading Halsey v Milton Keynes General NHS Trust etc: CA 11 May 2004

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

Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. Held: The appeal failed (Lord Rodger dissenting). Giving notice, for the purposes of … Continue reading Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

A and Others v The United Kingdom: ECHR 19 Feb 2009

(Grand Chamber) The applicants had been subjected to severe restrictions. They were foreign nationals suspected of terrorist involvement, but could not be deported for fear of being tortured. The UK had derogated from the Convention to put the restrictions in place. Assurances had been given by the home nations that on return they would not … Continue reading A and Others v The United Kingdom: ECHR 19 Feb 2009

T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008

The claimant telecoms companies objected to a proposed scheme for future licensing of available spectrum. The scheme anticipated a bias in favour of auctioniung such content. It was not agreed whether any challenge to the decision should be by way of appeal to the Competition Appeal Tribunal or by judicial review. The CAT had declined … Continue reading T-Mobile (Uk) Ltd. and Another v Office of Communications: CA 12 Dec 2008

White v Southampton University Hospitals NHS Trust and Another: QBD 1 Apr 2011

The claimant doctor sued in defamation for letters written by the defendants to the Fitness to Practice Directorate. She now sought to appeal against a finding that she could not rely upon one letter which had come to her attention through disclosure in other proceedings and also that material was privileged. Held: The defendant was … Continue reading White v Southampton University Hospitals NHS Trust and Another: QBD 1 Apr 2011

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

Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Damages for breach of Data Protection The claimants sought damages alleging that Google had, without their consent, collected personal data about them, which was resold to advertisers. They used the Safari Internet browser on Apple products. The tracking and collation of the claimants’ browser generated information was contrary to the defendant’s publicly stated position that … Continue reading Google Inc v Vidal-Hall and Others: CA 27 Mar 2015

Bushell v Secretary of State for the Environment: HL 7 Feb 1980

Practical Realities of Planning Decisions The House considered planning procedures adopted on the construction of two new stretches of motorway, and in particular as to whether the Secretary of State had acted unlawfully in refusing to allow objectors to the scheme to cross-examine the Department’s witnesses. Held: He had not acted unlawfully (Lord Edmud-Davies dissenting). … Continue reading Bushell v Secretary of State for the Environment: HL 7 Feb 1980

Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012

Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal from prison. The legal services department of the Prison service relayed the notices to … Continue reading Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012

Kennedy v The Information Commissioner and Another: CA 12 May 2011

The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt under section 32. The claimant appealed against the finding of a blanket exemption, and continued after completion … Continue reading Kennedy v The Information Commissioner and Another: CA 12 May 2011