Service by post at the last known address of a defendant is not deemed effective if the defendant can show that he did not actually receive it. Citations: Ind Summary 31-Jul-1995, Times 06-Jul-1995 Statutes: Rules of the Supreme Court Order 10 r1 Jurisdiction: England and Wales Litigation Practice Updated: 21 January 2023; Ref: scu.80644
Discharge of care order is the appropriate procedure not an appeal after very long time. The court considered its approach in admitting new evidence on appeal in family law cases: ‘The willingness of the family jurisdiction to relax the ordinary rules of issue estoppel, and (at the appellate stage) the constraints of Ladd v Marshall … Continue reading Re S (Minors)(Care Order: Appeal); Dyfed County Council v S, Re S (Discharge of Care Order): CA 6 Sep 1995
The plaintiff lived in Lincolnshire, but owned a house in Gwynnedd. She sought to serve a notice in her local County Court, appealing from an order for its demolition, but the manager of that Court refused to accept it saying that it should have been filed in Gwynnedd. The regulations said it was to be … Continue reading Gwynedd County Council v Grunshaw: CA 22 Jul 1999
LRA Where an objection is made to the Chief Land Registrar under section73 of the Land Registration Act 2002 by somebody who would not be an appropriate party in respect of the dispute if there were court proceedings, the Adjudicator has a discretion how to proceed taking into account the overriding objective set out in … Continue reading Kent County Council v Jenny Fremlin (Adding and Substituting Parties): LRA 14 Jan 2011
Appeal against refusal of order for pre-action disclosure. Judges: Eady J Citations: [2012] EWHC 2753 (QB) Links: Bailii Statutes: Civil Procedure Rules 31.16 Citing: Cited – In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010 Proceedings had been brought to challenge the validity of Orders in Council … Continue reading A and Another v Somerset County Council: QBD 11 Oct 2012
The automatic directions timetable ceases to run on the stay of proceedings; a date was needed. Automatic directions were ousted if an order was made staying the action, even if it was likely that the stay would only be a temporary one. The rationale underlying the ouster of automatic directions was that the stay of … Continue reading Whitehead v Avon County Council (2): CA 10 Feb 1997
There should be no imprisonment of a contemnor without a formal and proper penal notice having first been served. Judges: Lord Justice Russell, Lord Justice Hirst and Lord Justice Peter Gibson Citations: Times 08-Apr-1996 Statutes: Rules of the Supreme Court Order 45, rule 7 Jurisdiction: England and Wales Contempt of Court, Litigation Practice Updated: 27 … Continue reading Cleveland County Council v L and Others: CA 14 Mar 1996
Carnwath LJ considered the effect of Bugajny and other cases after Sporrong: ‘ Later cases (see eg Bugajny v Poland (Application No 22531/05) (unreported) given 6 November 2007, para 56 and following) have given further guidance on the practical application of article 1 to individual cases. First, the three rules are not ‘distinct in the … Continue reading Thomas and Others v Bridgend County Borough Council: CA 26 Jul 2011
The claimant sought a declaration that the council had failed in its duty to provide him with an independent personal adviser. The council had appointed the same person to act as his personal adviser and also to prepare the statutory assessment and plan for his transition from care. Held: The Regulations envisaged the officer preparing … Continue reading Regina (J) v Caerphilly County Borough Council: QBD 12 Apr 2005
The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994
The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority. Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political judgment’.Lord Scarman said: ‘To sum it up, the levels of public expenditure and the incidence and distribution … Continue reading Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985
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
The company sought an order removing some 46 acres of land from designation as a village green. The claimant sought the amendment of the register. The parties disputed what evidence beyond that available to the committee making the decision should be admissible. Held: The jurisdiction of the court was not an appellate one, and therefore … Continue reading Betterment Properties (Weymouth) Ltd v Dorset County Council: ChD 2 Mar 2007
The court considered the consequences of delay in applications for judicial review: ‘It is important that those parties, and indeed the public generally, should be able to proceed on the basis that the decision is valid and can be relied on, and that they can plan their lives and make personal and business decisions accordingly.’ … Continue reading Hardy and others v Pembrokeshire County Council and Another: CA 19 Jul 2006
The court made a Mareva order with ancillary disclosure orders for the purpose of enabling the plaintiffs to trace property acquired by the defendant and so take steps to seize that property if it derived from their assets. Judges: Templeman J Citations: Unreported, 26 May 1978 Jurisdiction: England and Wales Cited by: Cited – A … Continue reading London and County Securities Ltd v Caplin: ChD 26 May 1978
When looking at whether to lift a stay on an action imposed before the coming into effect of the Civil Procedure Rules, the court should look at each of the items listed in the rule, and should then stand back and look at the overall needs of justice. Judges: Lord Justice Clarke Lord Phillips Of … Continue reading Flaxman-Binns v Lincolnshire County Council: CA 5 Apr 2004
The deceased committed suicide in prison. Her family sought to have added to the verdict the words ‘contributed by neglect’ and complained that the inquest had not provided a full and proper investigation of the death. Held: The Act needed to be read in its broader meaning to be compliant with the 1998 Act. ‘The … Continue reading Sacker, Regina (on the Application of) v Coroner for the County of West Yorkshire: HL 11 Mar 2004
The claimant had recovered damages, but was ordered to pay costs since she had recovered less than was paid in. She appealed. Held: There were anomalies in the system with regard to the recoverable social security benefits. The sums recoverable were not reduced in line with any reduction for contributory negligence, benefits could be recovered … Continue reading Williams v Devon County Council: CA 18 Mar 2003
The claimant was injured, being hit in the face by a football in a school playground. It was before school started. There had been accidents, and there were rules which had not been enforced. The school appealed a finding of negligence. Held: ‘a school owes to all pupils who are lawfully on its premises the … Continue reading Kearn-Price v Kent County Council: CA 30 Oct 2002
The claim form had been issued only just before the limitation period expired. Under the rules it would have been deemed to have been served on a Sunday, the day before the expiry of the period, but evidence suggested it was not received until after the expiration of the period. The defendant argued there was … Continue reading Rhiannon Anderton v Clwyd County Council (2): QBD 25 Jul 2001
COMPENSATION – COSTS – certificate of appropriate alternative development – whether the Upper Tribunal has power to award costs in an appeal under s.18, Land Compensation Act 1961 – whether proceedings for compensation for compulsory purchase – s.29, Tribunals, Courts and Enforcement Act 2007 – rule 10(6)(a), Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 … Continue reading Leech Homes Ltd v Northumberland County Council: UTLC 26 Nov 2020
When considering an application under the 1975 Act, the court must not only observe the restrictions imposed by the 1975 Act; it must also hold a fair balance between the interests of the requesting court and the interests of the witness. ‘because of the need to hold the balance between the requesting court and the … Continue reading In the Matter of a Civil Matter Now Pending In District Court for Second Judicial District, County of Ramsey, State of Minnesota: CA 30 Jul 1997
Where the police had exercised their statutory duty in opposing a transfer of justices licence without being unreasonable or acting in bad faith, they should not be ordered to pay the applicant’s costs after a successful appeal to the Crown Court.Lightman J said: ‘It seems to me quite clear that on the basis of that … Continue reading Regina v Methyr Tydfil Crown Court ex parte Chief Constable Dyfed Powys Police: Admn 9 Nov 1998
Judges: Sedley J Citations: [1997] EWHC Admin 393, [1998] Env LR 111 Links: Bailii Jurisdiction: England and Wales Citing: Disputed – Regina v Canterbury Council ex parte Springimage Limited 1993 The court granted locus standi to an applicant to object to a grant of planning permission by way of an application for judicial review. The … Continue reading Regina v Somerset County Council, ARC Southern Limited ex parte Richard Dixon: Admn 18 Apr 1997
Orse Butler v Butler Failure to observe the proper procedures for service is not necessarily fatal to the lawfulness of a committal order. In each of the two appeals against committal orders comma the contemnor complained of non-compliance with the rules of service. In the first, the order had been served by the court rather … Continue reading M v P (Contempt of Court: Committal Order): CA 1992
Rules under the Act which precluded a party from any recovery for non-compliance with its provisions were disproportionate, and a denial of the human right of the lender to a fair trial, and a declaration of incompatibility was made. A pawnbroker’s agreement did not correctly state the amount of credit, and the broker was prevented … Continue reading Wilson v First County Trust (2): CA 2 May 2001
The administrative charges for entering into a loan were not to be included in the loan, but rather as an item entering into the total charge for credit. To hold otherwise went against accounting practice, would disguise the cost of the loan, and would be against the spirit of the Act,which was to protect consumers … Continue reading Wilson v First County Trust Ltd (1): CA 3 Nov 2000
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
Lord Denning said that every Court has inherent power to control its own procedure, even though there is nothing in the rules about it, and ‘Suppose a man is on his way to the court in time with the money in his pocket. Then he is run down in an accident, or he is robbed … Continue reading Regina v Bloomsbury and Marylebone County Court ex parte Villerwest Limited: 1976
The court had to decide whether a tape recording fell within the expression ‘document’ in the Rules of the Supreme Court. Held: The furnishing of information had been treated as one of the main functions of a document, and the tape recording was accordingly a document. Obiter, the court recognised the distinction between a verbatim … Continue reading Grant v Southwestern and County Properties Ltd: ChD 1974
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those using the rights asserted beyond that the use is as … Continue reading Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999
Directions supplemental to the new Civil Procedure Rules are brought in from 26 April 1999 and apply in the QBD, Chancery and County Courts save in Family Cases. Long list of supplemental practice directions also handed down. Citations: Times 26-Apr-1999 Jurisdiction: England and Wales Litigation Practice Updated: 11 May 2022; Ref: scu.84850
The Chief Constable, on good grounds, objected to the transfer of a justices’ on-licence to a Mrs W. Mrs W appealed and the Chief Constable, having objected to the transfer, became a respondent. On the appeal Mrs W contended that, since the conduct of which the police complained, she had undergone training and addressed the … Continue reading Regina v Merthyr Tydfil Crown Court, ex parte Chief Constable Dyfed Powys Police: QBD 9 Nov 1998
The court asked whether it was appropriate to allow an extension of time to file an appeal: ‘Save in special cases or exceptional circumstances it can rarely be appropriate on an overall assessment of what justice requires to deny the plaintiff an extension where the denial will stifle his action because of a procedural default, … Continue reading Costellow v Somerset County Council: CA 1993
Whether magistrates could adjourn cases to allow personal service of summonses. Citations: [2004] EWHC 1073 (Admin) Links: Bailii Statutes:
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
The list of permissible reasons for non attendance at school listed in the 1870 Act is non-exclusive. Citations: [1929] 2 KB 97 Statutes: Elementary Education Act 1870 Jurisdiction: England and Wales Cited by: Cited – Isle of Wight Council v Platt SC 6-Apr-2017 Regular school attendance is following the rules The respondent had taken his … Continue reading London County Council v Maher: 1929
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed. Held: The House unanimously dismissed the local authority’s appeal in that last case … Continue reading Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council: HL 28 Jul 2000
The court was asked: ‘can the court proceed to validate a warrant of possession where a landlord who seeks to enforce his right to possession because of an alleged breach of the terms of a suspended possession order has not complied with CPR 83.2? ‘ Held: CPR r 83.2 were intended to provide real protection … Continue reading Cardiff County Council v Lee (Flowers): CA 19 Oct 2016
For a party to avail himself of the Order he must bring himself within its words. If he does so the court has no discretion to refuse him possession. The rules require: ‘(1) of the plaintiff that he should have a right to possession of the land in question and claim possession of land which … Continue reading Wiltshire County Council v Frazer: CA 1984
ECJ Order – Appeal – Article 181 of the Rules of Procedure of the Court – Community trade mark – Application for the Community figurative mark including the word elements ‘Royal County of Berkshire POLO CLUB’ and the representation of a polo player on horseback – Opposition by the proprietor of the earlier Community figurative … Continue reading Royal County Of Berkshire Polo Club v OHIM: ECJ 14 Jan 2016
Objection had been made that a plan, used to register a right of way before it would disappear if un-registered, was to the wrong scale and that therefore the application was ineffetive. Held: The Council’s appeal failed. The plan was too large a scale, and that could not invalidate the application. The only question is … Continue reading Trail Riders Fellowship and Another, Regina (on The Application of) v Dorset County Council: SC 18 Mar 2015
Charges and Charging Orders : Charges Imposed Pursuant To Statute – Where an objection is made to the Chief Land Registrar under section73 of the Land Registration Act 2002 by somebody who would not be an appropriate party in respect of the dispute if there were court proceedings, the Adjudicator has a discretion how to … Continue reading Kent County Council v Fremlin: LRA 14 Jan 2011
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006
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 teacher sought damages from his employer after suffering a work related stress breakdown. Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his sickness absences, and given him support. It did not do so. It was liable.Lord … Continue reading Barber v Somerset County Council: HL 1 Apr 2004
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
The claimant wished to begin a claim alleging historic sexual abuse while he had been at an institution run by the defendants. The claimant sought pre-trial disclosure of various documents and the court now considered the principle applicable, and in particular the roles of Data Protection law and the Civil Procedure Rules. Held: The Council’s … Continue reading Durham County Council v Dunn: CA 13 Dec 2012
The Fellowship had applied for orders upgrading public rights of way. The council rejected the applications saying that the digital mapping software used to repare the maps submitted were not compliant with the requirements of the legislation. They . .
In each case, the applicant sought to argue that documents which had actually been received on a certain date should not be deemed to have been served on a different day because of the rule.
Held: The coming into force of the Human Rights Act . .
Tribunals, Courts and Enforcement Act s.11(5)(d) and 11(1) mean that a challenge to a refusal to review on the ground of change of circumstances under r.48 of the First-tier Tribunal (Health, Education and Social Care) Rules has to be brought by way . .
A personal injury claimant may not insist on a friend’s presence at an examination by the doctor instructed by defendants. . .
Appeal by the plaintiffs from the interlocutory order made by the Recorder of Londonderry whereby it was adjudged that the time should be extended/enlarged pursuant to Order 43 Rule 10 of the County Court Rules (Northern Ireland) 1981 so as to . .
It was not an abuse of process, to restart a claim within the limitation period after an automatic striking out of an earlier action. Millett LJ referred to the ‘same dilatory progress’ all the parties to the action continued to make after the guillotine date. Sir Thomas Bingham MR said: ‘I would add only this … Continue reading Gardner v Southwark London Borough Counci (No 1); King v East Cambridgeshire District Council etc: CA 18 Jan 1996
An agreement between the parties to extend the time for filing a defence, ousts the automatic striking out rules. Citations: Times 05-Jun-1995, Ind Summary 03-Jul-1995 Statutes: County Court Rules 1981 Jurisdiction: England and Wales Litigation Practice, Litigation Practice Updated: 21 January 2023; Ref: scu.81301
An application for extension of time is implied in an application to set down; no strike out should follow. Citations: Times 30-Jun-1995, Gazette 19-Jul-1995 Statutes: County Court Rules 1981 Order 17 rule 11(9) Jurisdiction: England and Wales Litigation Practice Updated: 21 January 2023; Ref: scu.80501
A company represented in proceedings by a director is not a litigant in person, and therefore has no expenses or costs claimable from the other party. Hirst LJ said: ‘. . the ordinary meaning, as I understand it, of the description ‘litigant in person’, viz an unrepresented individual’. Peter Gibson LJ said: ‘A litigant in … Continue reading Jonathan Alexander Ltd v Proctor: CA 19 Dec 1995
A defendant who is unready to present his defence or part of it at the time of trial should understand that the court has the discretionary power to strike out a defence and to enter judgment by default. Citations: Times 28-May-1999, [1999] EWCA Civ 1307 Statutes: County Court Rules 1981 Order 9 Rule 6 Jurisdiction: … Continue reading Garner v Stonestreet: CA 29 Apr 1999
The plaintiff sought damages from the estate. The appointed defendant had not taken out a grant of probate. There was confusion about the terms of an order made authorising the representation. Held: The judge did have discretion to make an order for representation in respect of future proceedings. In not exercising his discretion to extend … Continue reading Gesek v Estate of Tusnelda Maria Giller (Deceased): CA 13 Nov 1998
The court considered the situation where documents had been filed in time, but at the wrong county court. Held: Purchas LJ said: ‘The jurisdiction of the county court is conferred on the county court under the County Courts Act 1984 and preceding Acts. The wording of the various sections . . makes no provision for … Continue reading Sharma v Knight: CA 1986
Even if a case is quite unsuitable for automatic directions, the plaintiff has an obligation to apply instead for specific manual directions to stand in their stead. It would be wrong to allow a plaintiff to escape from the discipline of the automatic directions timetable simply by issuing an application seeking an order that the … Continue reading Cockeril v Tambrands Limited: CA 21 May 1998
Judges: Brooke, Mummery, Balcombe LJJ Citations: [1998] 2 All ER 513, [1998] EWCA Civ 200, [1998] 1 WLR 1354, [1999] PIQR P16 Links: Bailii Statutes: County Court Rules 1981 10 Jurisdiction: England and Wales Personal Injury, Litigation Practice Updated: 14 November 2022; Ref: scu.143678
The Court had been right to disallow a discontinuance where there appeared to be an abuse of process. The common law right to non-suit has disappeared. Judges: Lord Woolf MR, Potter, May LJJ Citations: Times 26-Feb-1998, [1998] EWCA Civ 139, [1998] 1 WLR 682, [1998] 2 All ER 68 Links: Bailii Statutes: County Court Rules … Continue reading Gilham v Browning and Another: CA 3 Feb 1998
An order striking out a defence and requiring fully argued directions to be filed left the action without directions; no automatic directions could apply. Citations: Gazette 26-Feb-1998, Times 11-Feb-1998, [1998] EWCA Civ 113, [1998] 1 WLR 1184, [1998] 2 All ER 356, [1998] PIQR P149 Links: Bailii Statutes: County Court Rules 1981 Order 17 Rule … Continue reading Figgett v Davis: CA 30 Jan 1998
A claim for under pounds 3,000 in County Court is automatically referred to arbitration without the need for any order to that effect. Judges: Saville, Brooke, Waller LJJ Citations: Times 28-Jul-1997 Statutes: County Court Rules 1981 17 11 Jurisdiction: England and Wales Citing: See Also – Greig Middleton and Company v Denderowicz and Olaleye-Oruene v … Continue reading Greig Middleton and Co Ltd v Denderowicz (No 2): CA 28 Jul 1997
Detailed guidance was given as to several different problems of interpretation of Order 17 r 11, dealing with automatic directions. Definitive guidelines were given for the interpretation of automatic directions and strike out provisions in the County Court. Once the pleadings are deemed to be closed in an action to which Order 17 Rule 11 … Continue reading Bannister v SGB Plc and others and 19 Other Appeals: CA 25 Apr 1997
Judgment in default can be set aside by a plaintiff in order to renew proceedings. Citations: Times 21-Mar-1997 Statutes: County Court Rules 1981 Order 37 r 4 Jurisdiction: England and Wales Litigation Practice Updated: 06 November 2022; Ref: scu.84461
The plaintiff had had his claim re-instated after being struck out. The defendant appealed. Held: There was material on which the learned Circuit Judge was entitled to reach the conclusion which she did. Although this was a borderline case, it was a proper case to hold that the two threshold tests had been satisfied. Citations: … Continue reading Dowse v Kappell: CA 12 Dec 1996
Premature request for hearing date satisfied automatic directions rules. Citations: Times 09-Jan-1997 Statutes: County Court Rules 1981 Order 17 1193)(d) Jurisdiction: England and Wales Litigation Practice Updated: 04 November 2022; Ref: scu.80395
A request for a trial after the six month limit, but within the fifteen month limit, was valid without a prior application for extension of time, despite the automatic directions provisions. Citations: Gazette 13-Dec-1996, Times 09-Dec-1996, [1996] EWCA Civ 1031, [1997] PIQR P66, [1997] 1 WLR 381 Links: Bailii Statutes: County Court Rules 1981 O … Continue reading Perry v Wong: CA 25 Nov 1996
The service of a writ on a professional person at his last known business address was proper. Citations: Gazette 05-Feb-1997, Gazette 29-Jan-1997, Gazette 22-Jan-1997, Times 26-Nov-1996, [1996] EWCA Civ 860, [1997] 1 WLR 446 Links: Bailii Statutes: Rules of the Supreme Court 10 1(2)(b) 83(3), County Court Rules 1981 3(1)(a) Jurisdiction: England and Wales Litigation … Continue reading Robertson v Banham and Co (a Firm): CA 31 Oct 1996
False imprisonment actions are actions for money, but the Judge has a discretion on costs. Citations: Times 24-Apr-1996 Statutes: County Court Rules 1981 Order 38 R 4 Jurisdiction: England and Wales Costs Updated: 31 October 2022; Ref: scu.78697
Costs award above scale correct after assessment relative to scale.The County Court costs scales are to be considered when departing from the scale. An award above scale rates may be correct after an assessment relative to the scale. Citations: Times 18-Oct-1996, Gazette 17-Jul-1996 Statutes: County Court Rules 1981 38(9) Jurisdiction: England and Wales Costs Updated: … Continue reading Daniels v Lambeth London Borough Council: CA 23 May 1996
Witness statements which had not been served in accordance with the rules were not be admitted. Courts are to adopt a far stricter approach to applications for adjournment based on lack of readiness for trial than hitherto: ‘I would like to make it absolutely clear that I do not accept that submission. The very reason … Continue reading Beachley Property Ltd v Edgar: CA 18 Jul 1996
Automatic directions did not apply to proceedings transferred from the High Court before 1990. Citations: Times 19-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.89723
Re-instatement of an action after an automatic strike out could be proper if due diligence and a reasonable excuse could be shown. ‘The principles which emerge from those three decisions can be stated in summary form: (a) there are two threshold tests: see Rastin; Hoskins; (b) in relation to both these tests the onus of … Continue reading Reville v Wright: CA 18 Jan 1996
A mistake as to the legal effect of the court’s timetable is no excuse to prevent an automatic striking out of a case. Citations: Times 18-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.88928
The automatic directions timetable starts when the last defendant delivers his defence. Citations: Times 19-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11)(9) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.84687
To ‘deliver’ is to lodge a defence at court as opposed to when it is sent for questions as to start of court timetables. Citations: Times 18-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.83065
The Small Claims procedure includes a full power for a District Judge to grant injunctions and otherwise, including in this case making an order for specific performance. Citations: Ind Summary 26-Jun-1995, Times 02-May-1995 Statutes: County Court Rules 1981 19 Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.82637
Solicitor’s oversight of effect of rules is no excuse which would serve to justify court allowing time extension. Citations: Times 18-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.81125
A request to extend time for setting down a case included and implied alternative to set down. Citations: Times 18-Jan-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 27 October 2022; Ref: scu.78914
Where automatic directions had not been followed, a later hearing application was not an not abuse of process. Citations: Times 16-Nov-1995, [1996] 1 WLR 542 Statutes: County Court Rules 1981 Order 7 Jurisdiction: England and Wales Cited by: Cited – Hawkins v Keppe Shaw, Solicitors (a Firm) CA 20-Jul-2001 The solicitors represented the applicant in … Continue reading Ashworth v McKay Foods Ltd: CA 16 Nov 1995
Postal service at the last known address within the jurisdiction is valid even though the defendant was known to be abroad. The summons was then posted on to him abroad and was properly served under County Court Rules 1981. Citations: Gazette 16-Jun-1993, Independent 19-May-1993, Times 07-May-1993, [1993] 1 WLR 1305 Jurisdiction: England and Wales Cited … Continue reading Rolph v Zolan: CA 7 May 1993
An action which had been automatically struck out, may be re-instated if there had been good cause for the delay. ‘The proper approach to the exercise of any judicial discretion must be governed by the legal context in which the discretion arises.’ and ‘A retrospective application to extend time should not succeed unless the plaintiff … Continue reading Rastin v British Steel Plc, Todd v Evans, Adams v Geest Plc: CA 18 Feb 1994
Appeals under the Family Proceedings Rules had to be read in conjunction with the CCR Order 37 r 6, and the judge hearing the appeal had discretion to substitute his own view for that of the court below. This is different from what applies on appeal to the Court of Appeal. In particular the judge … Continue reading Marsh v Marsh: CA 1 Mar 1993
Judges: Brooke LJ, Waller LJ Citations: [1997] EWCA Civ 1555 Statutes: County Court Rules O17 r11 Jurisdiction: England and Wales Litigation Practice Updated: 04 October 2022; Ref: scu.141951
Communications between the client and his non-lawyer representative, and communications between that representative and third party witnesses, are privileged despite the fact that the representative may have no professional qualification. Sir John Donaldson said: ‘Before industrial tribunals it is the rule, rather than the exception, for parties to be represented by persons other than lawyers. … Continue reading M and W Grazebrook Ltd v Wallens: 1973
The applicant had employed the defendant. He paid them in cash, and they were also paid by the Legal Aid Board. The defendant counter-claimed for other unpaid fees. The district judge had, as arbitrator, found for the defendant. Held: despite misgivings, the issues were ones of fact on which the appeal court could not rule. … Continue reading Savino v Oates: CA 18 Jun 1997
Automatic timetable did not apply on damages assessment after judgment Citations: Times 27-Mar-1997 Statutes: County Court Rules 1981 Order 17 11(9) Jurisdiction: England and Wales Litigation Practice Updated: 13 August 2022; Ref: scu.80904
An appeal from a district judge on a taxation was by way of re-hearing; A County Court Judge was not restricted to following the discretion as exercised on the first hearing. Citations: Gazette 29-Oct-1997, Times 14-Nov-1997 Statutes: Rules of the Supreme Court Order 62 r 28(5), County Court Rules 1981 Order 13 1(10) Jurisdiction: England … Continue reading Vandersteen (Executor of the Estate of Mcguinness, Dec’d) v Agius and Another: CA 29 Oct 1997
A taxation review is a rehearing by the circuit judge, exercising his own discretion. It is not the exercise of an appellate jurisdiction. Citations: Gazette 13-Jan-1993, [1993] 1 WLR 989 Statutes: County Court Rules 1981 38(24)(6), Solicitors Act 1974 74 Jurisdiction: England and Wales Costs, Legal Professions, Litigation Practice Updated: 10 July 2022; Ref: scu.83292
A Local Authority seeking possession under CCR Ord. 24 of land which was occupied by gypsies, had no duty to make enquiries about their housing status. The Department of Environment circular stated only what was good practice, not what was the necessary practice. Citations: Times 09-Nov-1998, [1998] EWHC Admin 1015 Links: Bailii Statutes: County Court … Continue reading Regina v London Borough of Hillingdon ex parte McDonagh: Admn 28 Oct 1998
The defendant tenant appealed against judgment saying that the proceedings in the County Court had not been correctly served. Though the documents had been sent to his address under the lease, he had been out of the jurisdiction when the claim was sent. His appeal against judgment in default had been rejected as untimely. Held: … Continue reading Kamali v City and Country Properties Ltd: CA 24 Jul 2006
Time did not run for the purposes of CCR Order 9 Rule 10 during a period when the action was stayed pursuant to an order for a stay made under CCR Order 6 Rule 1(6) pending the filing of a medical report in support of a claim for damages for personal injuries. Held: In an … Continue reading Cashmore v Blue Circle Plumbing Fixtures Ltd: CA 30 Jul 1996
The solicitors represented the applicant in a claim for personal injuries. The action was struck out, and he sued the solicitors for negligence. Composite directions had been given, and the question was whether the making of those directions ousted the automatic directions, under which the action was struck out for delay. Held: That question had … Continue reading Hawkins v Keppe Shaw, Solicitors (a Firm): CA 20 Jul 2001
Direction was given as to the circumstances allowing an appeal out of time after a change in the law affecting a decision after the judgment had been given. Corrections to Bannister v SGB plc made in respect of time calculations in County Court Rules in cases under Order 17 r 11. The rule led to … Continue reading Greig Middleton and Company v Denderowicz and Olaleye-Oruene v London Guildhall University (No 1): CA 4 Jul 1997
The requirement that a penal notice must have been endorsed upon an order before an application is made to commit the respondent for contempt, was not absolute. In exceptional and clear cases only, as here, such an order could be made, but this should be discouraged. Citations: Times 10-Mar-2000, [2000] EWCA Civ 4 Links: Bailii … Continue reading Jolly v Hull and Others, Jolly v Jolly: CA 21 Jan 2000
Interlocutory direction by judge displaces the automatic directions timetable. Citations: Times 19-Jan-1996, Gazette 21-Feb-1996 Statutes: County Court Rules 1981 17(11) Jurisdiction: England and Wales Litigation Practice Updated: 19 May 2022; Ref: scu.80108
After acceptance of money paid into court in proceedings issued unnecessarily quickly, the taxing officer alone has the power to disallow costs.Powers of the County Court to deal with costs unnecessarily incurred as the result of the premature issue of proceedings in personal injury actions where liability was not in issue. Judges: Lord Woolf Citations: … Continue reading Burrows v Vauxhall Motors Ltd; Mongiardi v IBBC Vehicles Ltd: CA 19 Nov 1997
