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
A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant sought an order for its transfer, and an order was so made. Before it was perfected … Continue reading R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004
Courts should be careful before allowing unqualified persons to represent other parties at court. Pleadings and similar documents must be signed by the party or their qualified legal representative. Others signing them may be in contempt of court and committing criminal offences. A McKenzie friend had no right to act as such, only the right … Continue reading Noueiri v Paragon Finance Plc (Practice Note): CA 19 Sep 2001
An offer of a student place was capable of acceptance, but a mandatory injunction was refused. The court gave guidance on how to decide if leave was necessary to make an appeal to the Court of Appeal. Citations: Independent 26-Nov-1993, Times 27-Oct-1993, Ind Summary 29-Nov-1993 Statutes: Rules of the Supreme Court 59, Courts and Legal … Continue reading Moran v University College Salford (Practice Guidance – Leave to Appeal): CA 27 Oct 1993
Direction on standards of dress in Crown court – solicitors not to wear wigs. Citations: Ind Summary 01-Aug-1994 Statutes: Courts and Legal Services Act 1990 Jurisdiction: England and Wales Litigation Practice Updated: 25 October 2022; Ref: scu.84951
Judges: Proudman J Citations: [2010] EWHC 1383 (Ch) Links: Bailii Statutes: Courts and Legal Services Act 1990 27 Jurisdiction: England and Wales Torts – Other Updated: 04 October 2022; Ref: scu.416602
Four articles in the People all covered the same story about Esther Rantzen’s organisation, Childline, suggesting that the plaintiff had protected a teacher who had revealed to Childline abuses of children occurring at a school where he taught, by keeping secret that he himself was a pervert, unfit to have any child in his care. … Continue reading Rantzen v Mirror Group Newspapers (1986) Ltd and Others: CA 1 Apr 1993
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself. Held: The denial of access to the courts under section 8 did not engage her civil rights. The Act … Continue reading Secretary of State for Work and Pensions v Kehoe: CA 5 Mar 2004
The court considered a dispute about ownership and confidence in and copyright of of video tapes taken by Princess Diana before her death. Held: The courts have an inherent discretion to refuse to enforce of copyright. When assessing whether the copyright should be enforced the relevant issues would be ones arising from the work itself, … Continue reading Hyde Park Residence Ltd v Yelland, News Group Newspapers Ltd, News International Ltd, Murrell: CA 10 Feb 2000
A conditional fee agreement allowing 50 per cent uplift for case being conducted before arbitrator was not unlawful as champerty, even though it was outside range of the proceedings listed for such arrangements. Citations: Times 23-Apr-1998, Gazette 28-May-1998 Statutes: Courts and Legal Services Act 1990 58 Jurisdiction: England and Wales Legal Professions Updated: 21 July … Continue reading Bevan Ashford v Geoff Yeandle (Contractors) Ltd (In Liquidation): ChD 23 Apr 1998
Citations: [2008] EWCA Civ 21 Links: Bailii Statutes: Courts and Legal Services Act 1990 58, Collective Conditional Fee Agreements Regulations 2000 Jurisdiction: England and Wales Costs, Legal Professions Updated: 13 July 2022; Ref: scu.264038
A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing for directions was heard ‘in chambers’ and an issue arose as to what the parties could say about that … Continue reading Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc: CA 12 Feb 1998
The taxpayer had been represented in proceedings throughout by tax law experts, Tenon Media, who were not legally admitted, but had a right to conduct litigation under the 1990 Act. The Inspector objected to paying costs as if the representatives were admitted. Held: Someone acting through the licensed access schemes was not a litigant in … Continue reading Andre Agassi v S Robinson (H M Inspector of Taxes) (No 2): CA 2 Dec 2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
The appellants were barristers against whom wasted costs orders had been made. They appealed. They had made allegations of fraud in pleadings, but without being able to provide evidence to support the allegation. This was itself a breach of the Bar Council Code of Practice. Held: A barrister must not draft a pleading containing an … Continue reading Medcalf v Mardell, Weatherill and Another: HL 27 Jun 2002
ECJ 1. Community law – Principles – Legal certainty – Protection of legitimate expectations – Prohibition of the use in livestock farming of certain substances having a hormonal action in the absence of unanimity as to their harmlessness – Infringement – None (Council Directive 88/146) 2. Community law – Principles – Proportionality – Prohibition of … Continue reading Regina v Minister of Agriculture, Fisheries and Food and Secretary of State For Health, ex Parte Fedesa and Others: ECJ 13 Nov 1990
An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been given, and the concept under the Act of ‘treatment together’. Any interference with the right to … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A and Others (By Their Litigation Friend, the Official Solicitor), The Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
The parties were involved in a boundary dispute. One granted an enduring power of attorney, and sought to appear as a litigant in person through the power. Held: The right of a litigant in person to represent himself was a personal right, and as such was not capable of being delegated. The Act created a … Continue reading Gregory and Gregory v Turner, Turner; Regina (Morris) v North Somerset Council: CA 19 Feb 2003
A firm of accountants had agreed to provide their services as experts in a case on the basis that they would be paid by taking part of any damages awarded. The respondent claimed that such an agreement was champertous and unlawful. Held: The tort of champerty as such had been abolished, but the rule remained … Continue reading Regina (Factortame Ltd and Others) v Secretary of State for Transport, Local Government and the Regions (No 8): CA 3 Jul 2002
NATS had tendered unsuccessfully for a contract to provide air traffic control services at Gatrwick airport, and challenged the award. GAL denied that the Regulations applied and now sought disapplication of the automatic suspension from the award of contracts pending resolution. Held: The automatic suspension under the Regulations should not be lifted. The issue of … Continue reading NATS (Services) Ltd v Gatwick Airport Ltd and Another: TCC 2 Oct 2014
Appeal from imposition of conditions of practice of solicitor Judges: Lord Justice Thomas Citations: [2005] EWHC 146 (Admin), [2005] 1 WLR 2033 Links: Bailii Statutes: Courts and Legal Services Act 1990 Jurisdiction: England and Wales Legal Professions Updated: 30 May 2022; Ref: scu.222616
The European Court had found the UK to have unlawfully treated differently payment of franked dividends between subsidiaries of UK companies according to whether all the UK subsidiaries were themselves UK based, thus prejudicing European subsidiaries, breach of EU Treaty guarantees of freedom of establishment and of movement of capital. The court was now asked … Continue reading Test Claimants In The Franked Investment Income Group Litigation v Inland Revenue: SC 23 May 2012
Where a person funded another’s court action as an act of charity, it should be exceptional to order that third party to contribute to the costs of the successful opponent. Nevertheless there could be no absolute rule against such orders. There is a clear distinction between those who act in this way as pure funders, … Continue reading Hamilton v Al-Fayed and Others (No 3): QBD 13 Jul 2001
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001
The court considered the application of rules relating to the discovery of documents to material held on computer: ‘the database of a computer, so far as it contained information capable of being retrieved and converted into readable form, and whether stored in the computer itself or in back-up files, was a document’ and ‘. . … Continue reading Derby and Co Ltd And Others v Weldon And Others (No 9): ChD 25 Jul 1990
Practice Direction given for dress to be worn in civil courts by newly authorised advocates (Legal executives etc). Gowns and tabs are to be worn but not wigs, save for barristers. Citations: Times 03-Dec-1998 Statutes: Courts and Legal Services Act 1990 Litigation Practice Updated: 15 May 2022; Ref: scu.84858
The lower limit for interference by a court allowing an increase in an award for damages was reduced by the new Act, and a court on appeal, accordingly, could increase an award which was clearly inappropriate and too low. Citations: Times 13-May-1999, Gazette 26-May-1999 Statutes: Courts and Legal Services Act 1990 8 Jurisdiction: England and … Continue reading Clark v Chief Constable of Cleveland Constabulary: CA 13 May 1999
A litigant in person seeking permission for the use of an advocate must give reasons for the request, and satisfy the court that it was appropriate. Where the court granted such a right, the litigant in person should normally herself be present throughout. The objections which naturally arose against an unqualified person providing an advocacy … Continue reading Clarkson v Gilbert and Others: CA 4 Jul 2000
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for a link road as part of its application. Held: The offer of funding for the link … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
The appellant, of Nigerian origin had been brought here at the age of 14 with false identity papers, and was put to work caring for the respondent’s children. In 2008 she was dismissed and ejected from the house. She brought proceedings alleging racial discrimination, but the only element of her claim which succeeded was of … Continue reading Hounga v Allen and Another: SC 30 Jul 2014
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 claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
After consultation within the professions and elsewhere, the wearing of wigs is not to be extended to solicitor advocates. Citations: Gazette 05-Jul-1995 Statutes: Courts and Legal Services Act 1990 Legal Professions Updated: 09 April 2022; Ref: scu.84949
Swap deals outwith Council powers The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were void, there being no express power in the relevant legislation. Held: The arrangements … Continue reading Hazell v Hammersmith and Fulham London Borough Council: HL 1991
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, had failed to provide him with reasonable assistance and support, and … Continue reading Brooks v Commissioner of Police for the Metropolis and others: HL 21 Apr 2005
Refusal of ;lay representation in Commercial Court Judges: Mr Justice David Steel Citations: [2008] EWHC 1433 (Comm), [2009] Lloyd’s Rep IR 119 Links: Bailii Statutes: Courts and Legal Services Act 1990 27, Admiralty and Commercial Court Guide Jurisdiction: England and Wales Citing: Cited – D v S (Rights of Audience); In re and Application by … Continue reading Harris and others v The Society of Lloyd’s: ComC 1 Jul 2008
Banker’s Liability for Negligent Reference The appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant bankers to the client. The reference was negligent, but the bankers denied any assumption of a duty of care to a third party when purely … Continue reading Hedley Byrne and Co Ltd v Heller and Partners Ltd: HL 28 May 1963
Parents of children had falsely and negligently been accused of abusing their children. The children sought damages for negligence against the doctors or social workers who had made the statements supporting the actions taken. The House was asked if the suffering of psychiatric injury by the parent was a foreseeable result of making it and … Continue reading JD v East Berkshire Community Health NHS Trust and others: HL 21 Apr 2005
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
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
A claim was made for an injunction to enforce an express covenant in a contract of employment by a member of the Royal Household by which he undertook (amongst other things) not to publish any information concerning a member of the family which came to his knowledge during his employment. Held: Lord Donaldson MR said: … Continue reading Attorney General v Barker: CA 1990
PAC sought to recover excess advance corporation tax paid under a UK system contrary to EU law. It was now agreed that some was repayable but now the quantum. Five issues separated the parties. Issue I: does EU law require the tax credit to be set by reference to the overseas tax actually paid, as … Continue reading Prudential Assurance Company Ltd v Revenue and Customs: SC 25 Jul 2018
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
Various defined issues in relation to a contingency fee agreement entered into by a firm of solicitors with their clients. In summary, the issues relate to the interpretation and application of the agreement and its enforceability, having regard to section 58 of the Courts and Legal Services Act 1990, Rule 8 of the Solicitors’ Practice … Continue reading Rees and Another v Gateley Wareing (A Firm) and Another: ChD 3 Dec 2013
The client and his solicitor had entered into a CFA in 2002 which provided for a success fee of 100% of reasonable costs, plus andpound;50,000 if the claimant recovered damages in excess of andpound;1m. This was a champertous agreement at common law which failed to comply with s 58 of the 1990 Act. In July … Continue reading Oyston v The Royal Bank of Scotland Plc: SCCO 16 May 2006
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause. Held: a dispute whether the contract can be set aside or rescinded for alleged … Continue reading Fiona Trust and Holding Corporation and others v Privalov and others: CA 24 Jan 2007
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made restricting further identification. The professionals feared that their readiness to act as experts would … Continue reading Doctor A and Others v Ward and Another: FD 8 Jan 2010
The court said that the representation of a litigant in person by a charging non-professional must be only exceptional. Lord Woolf MR, Waite, Waller LJJ Times 01-Jan-1997, [1997] 1 FLR 724, [1996] EWCA Civ 1341, [1997] Fam Law 403, [1997] 2 FCR 217 Bailii Courts and Legal Services Act 1990 17 18 28 England and … Continue reading D v S (Rights of Audience); In re and Application by Dr Pelling: CA 18 Dec 1996
The court considered the proper basis for a success fee payable on a conditional fee agreement where, when signed, the defendant had already admitted liability. The claim was by a woman after being injured in a car driven by her brother. By the time her second form of solicitors took over the case the defendant … Continue reading C (acting by her litigation friend JF) v W: CA 19 Dec 2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008
The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the solicitors are to act for her. Held: The defendant’s appeal failed. The Conditional … Continue reading Sibthorpe and Morris v London Borough of Southwark: CA 25 Jan 2011
The 1995 Regulations imposed a levy on fish both caught and first landed in the UK and also on imported fish products. The claimants, importers challenged the validity of the latter charges, saying that they went beyond the power given by the 1981 Act, and also were contrary to EU law. Held: The appeal succeeded. … Continue reading Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs: SC 15 Jun 2011
The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. Held: The appeal was allowed. The matter was justiciable and should … Continue reading Shergill and Others v Khaira and Others: SC 11 Jun 2014
Defamation of Labour MP by Unite and Blogger The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the union. The defendants pursued defences … Continue reading Turley v Unite The Union and Another: QBD 19 Dec 2019
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
The Union challenged the right of the respondent to resell tickets to international rugby matches. The tickets were subject to a condition rendering it void on any resale at above face value. They said that the respondent had advertised tickets in breach of this condition. The Court considered whether it was appropriate to protect the … Continue reading The Rugby Football Union v Consolidated Information Services Ltd: SC 21 Nov 2012
The court considered the restrictions on lay representatives appearing in court as the related to relatives of the party. Held: The same objections to granting rights of audience did not apply to a husband who merely wished to assist his wife by representing her in court. Where a close relative was seeking to represent a … Continue reading Clarkson v Gilbert and others: CA 14 Jun 2000
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She claimed that the dismissal was unfair, not having been given opportunity to … Continue reading Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
The residential tenant claimant sought damages from her council for failure to repair her flat. The counciil now objected to being asked to pay her costs, saying that the agreement with her solicitors was champertous, being a Conditional Fee Agreement, in that it indemnified her agsinst costs which might be awarded against her. The deputy … Continue reading Morris and Another v London Borough of Southwark: QBD 5 Feb 2010
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990
The society had set out to assert that regulations were unlawful in creating a double taxation. It paid money on account of the tax demanded. It won and recovered the sums paid, but the revenue refused to pay any interest accrued on the sums paid. The Society sought to challenge the decision by judicial review. … Continue reading Woolwich Equitable Building Society v Inland Revenue Commissioners (2): HL 20 Jul 1992
Clients sued their solicitors for negligence. The solicitors responded by claiming that, when acting as advocates, they had the same immunities granted to barristers. Held: The immunity from suit for negligence enjoyed by advocates acting in both criminal and civil proceedings is no longer appropriate or in the public interest and is removed: ‘The standard … Continue reading Arthur JS Hall and Co (A Firm) v Simons; Barratt v Woolf Seddon (A Firm); Harris v Schofield Roberts and Hill (A Firm): HL 20 Jul 2000
A solicitor had agreed with his wife to act for her in litigation on the understanding that he would only recover his profit costs if she succeeded.
Held: This agreement did not offend public policy. This type of agreement was distinguished . .
In a case where a contemnor not only fails wilfully and contumaciously to comply with an order of the court but makes it clear that he will continue to defy the court’s authority if the order should be affirmed on appeal, the court must have a . .
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .
A design for sunglasses was challenged for prior publication. However the law in England differed from that apparently imposed from Europe as to the existence of a 12 month period of grace before applying for registration.
Held: Instruments . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
In the course of urgent children proceedings, counsel advised solicitors inappropriately to seek judicial review of a court decision. The application was persisted with despite warnings from the respondents that they intended to seek a wasted costs . .
References: [2003] EWHC 259 (QB), Gazette 01-May-2003, [2003] 1 FLR 1091 Links: Bailii Coram: The President An IVF treatment centre used sperm from one couple to fertilise eggs from another. This was discovered, and the unwilling donors sought a paternity declaration. Held: Section 28 did not confer paternity. The mistake vitiated whatever consents had been … Continue reading AHE Leeds Teaching Hospitals NHS Trust v A, A, YA and, ZA (By Their Litigation Friend, the Official Solicitor), the Human Fertilisation and Embryology Authority B, B: QBD 26 Feb 2003
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The court amended its earlier judgment as to the overall increase in the level of damages to be awarded in personal injury cases. The system enacted in the 1999 Act remains in force in relation to litigation brought pursuant to conditional fee agreements made before April 2013 Judges: Igor Judge, Baron Judge LCJ, Lord Dyson … Continue reading Simmons v Castle: CA 10 Oct 2012
Appeal against wasted costs order. Citations: [1997] EWCA Civ 1070 Statutes: Courts and Legal Services Act 1990 4 Jurisdiction: England and Wales Costs, Legal Professions Updated: 05 November 2022; Ref: scu.141466
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault. Held: The court gave a guideline maximum pounds 50,000 award against police for wrongful arrest and wrongful imprisonment. Comparisons were proper with personal injury cases. It is important to identify and quantify the various … Continue reading Thompson v Commissioner of Police of Metropolis; Hsu v Same: CA 20 Feb 1997
The High Court can transfer proceedings wrongly started in High Court to the County Court as an alternative to its jurisdiction to strike out the claim. Stuart-Smith LJ said: ‘. . provided proceedings are started within the time permitted by the statute of limitations, are not frivolous, vexatious or an abuse of the process of … Continue reading Restick v Crickmore: CA 3 Dec 1993
The Law Society can delegate certain of its functions to the holder of an office within the Society, without specifying him or her by name. Citations: Ind Summary 13-Dec-1993, Times 03-Dec-1993 Statutes: Courts and Legal Services Act 1990 79 Jurisdiction: England and Wales Legal Professions, Administrative Updated: 26 October 2022; Ref: scu.87134
An order for wasted costs against counsel could only be allowed with respect to acts done after 1 October 1991, with the new rules. Citations: Times 09-Jul-1993, Ind Summary 26-Jul-1993, [1993] CA Transcript 680 Statutes: Courts and Legal Services Act 1990$ 4 Jurisdiction: England and Wales Cited by: Cited – Ridehalgh v Horsefield; Allen v … Continue reading Fozal v Gofur: CA 9 Jul 1993
A witness answering and resisting a summons is a sufficient party for ‘wasted costs’ order purposes. Citations: Times 27-Jun-1995, Gazette 19-Jul-1995 Statutes: Courts and Legal Services Act 1990 111, Costs in Criminal Cases (General) (Amendment) Regulations 1991 (1991 No 789) Jurisdiction: England and Wales Legal Professions, Costs Updated: 08 October 2022; Ref: scu.81682
The claimant appealed against a decision that the conditional fee agreement with her solicitors had been unenforceable because the solicitors had not disclosed to her a conflicting interest in recommending insurers. The issue was whether the CFA was one within Regulation 3A of the 2003 Regulations under which ‘the client is liable to pay his … Continue reading Jones v Wrexham Borough Council: CA 19 Dec 2007
The solicitors appealed a finding that a conditional fee agreement with their client was unenforceable as against their client for failing to meet the requirements of the 1990 Act, which in turn deprived them of a right to claim the costs from the defendant. It was said that the client care letter did not show … Continue reading Gaynor v Central West London Buses Ltd: CA 28 Jul 2006
Citations: [2007] 1 WLR 554, [2006] EWCA Civ 1017 Links: Bailii Statutes: Courts and Legal Services Act 1990 58, Access to Justice Act 1999 27(1) Jurisdiction: England and Wales Citing: Cited – Mountain v Hastings CA 16-Apr-1993 The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord … Continue reading Garrett v Halton Borough Council: CA 18 Jul 2006
Citations: [2005] EWHC 373 (Admin) Links: Bailii Statutes: Courts and Legal Services Act 1990 28(2)(c) Jurisdiction: England and Wales Litigation Practice Updated: 29 June 2022; Ref: scu.224122
The claimant had pursued the case under a collective conditional fee agreement, organised by her trade union. The defendant challenged an order for payment of the costs, arguing that under the indemnity principle, the claimant would be under no duty to pay costs, and that therefore there he was denied her claim by the indemnity … Continue reading Thornley v Lang: CA 29 Oct 2003
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably have thought necessary. ‘In a great many cases proof of a cold-blooded cost-benefit … Continue reading Kiam v MGN Ltd: CA 28 Jan 2002
A barrister giving an opinion for the purposes of assessing the potential for a success in a case for the purposes of applying for Legal Aid, need not specify in percentage terms the prospects of success. Decisions about wasted costs orders are in the nature of summary proceedings, and an appellate court should be reluctant … Continue reading Fryer v Royal Institution of Chartered Surveyors: CA 16 May 2000
(Practice Note) The solicitor appealed an order which made the success fee payable different at different stages of the court action. Held: The court had no power to make such an order. To the extent that the CPR might suggest otherwise they were wrong. ‘a practice direction has no legislative force. Practice directions provide invaluable … Continue reading KU (A Child) v Liverpool City Council: CA 27 Apr 2005
Court can award costs where solicitors negligence results in costs to client. Citations: Times 09-Jul-1993 Statutes: Courts and Legal Services Act 1990 4 Jurisdiction: England and Wales Litigation Practice Updated: 15 April 2022; Ref: scu.84705
Judge had no right to stop an unqualified employee of a solicitor representing a party in proceedings held in chambers under this sub-section. Citations: Times 25-Feb-1998, [1998] EWCA Civ 204 Statutes: Courts and Legal Services Act 1990 27(2)(e) Jurisdiction: England and Wales Legal Professions Updated: 12 April 2022; Ref: scu.143682
The dismissal of an action for negligence against a licensed conveyancer for failing to disclose to the client the existence of a right of way, did not prevent his professional body disciplining him out of the same facts and awarding compensation. The test of negligence is not the same as the test of whether he … Continue reading Regina v Council for Licensed Conveyancers Ex Parte Watson: QBD 16 Jun 2000
A Crown Court may give a private prosecutor the right to conduct a trial in person, and without legal representation. Citations: Times 01-Dec-1994 Statutes: Courts and Legal Services Act 1990 27(2)(c) Jurisdiction: England and Wales Criminal Practice Updated: 07 April 2022; Ref: scu.88093
The claimant firm of solicitors sought payment of its charges. The defendant former client now challenged the enforceability of a Damages Based Agreement with them. Held: The application should be allowed to proceed as a preliminary point. Judges: Clark M Citations: [2017] EWHC 1350 (Ch) Links: Bailii Statutes: Courts and Legal Services Act 1990 58AA(2) … Continue reading Lexlaw Ltd v Zuberi: ChD 9 Jun 2017
The defendant had lost its defence of a personal injury claim, but succeesfully challenged the claim on the basis that a proper analysis of the contractual framework led to the inevitable conclusion that BBK had no enforceable claim against the claimant in respect of those costs incurred after 2 July 2009. The consequence of this … Continue reading Pentecost v John: QBD 10 Jul 2015
There had been several hearings and the father had been assisted by a McKenzie friend permitted to address the court. The father now objected to the mother’s McKenzie friend being given similar leave. Held: Whilst Dr Pelling might make a preliminary argument on the point in chambers, if decided in his favour, the full point … Continue reading In Re N (A Child): FD 20 Aug 2008
The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011
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
The defendants sought to argue that the conditional fee arrangement used by the claimant’s solicitors had been void under the 2000 regulations. They claimed that the solicitors had failed to disclose an interest in the policies sold. Held: No interest existed which should have been disclosed. The test was whether a reasonable person would think … Continue reading Tankard v John Fredricks Plastics Ltd; Jones v Attrill etc: CA 11 Dec 2008
The Mirror had published a picture of Naomi Campbell leaving a rehabilitation clinic. They appealed a decision in which having been found to have infringed her privacy by a covertly taken photograph, they had then been ordered to pay very substantial sums in costs, including a success fee. Held: The court asked the parties to … Continue reading MGN Limited v United Kingdom: ECHR 24 Oct 2008
The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed that the costs claimed infringed its right to freedom of expression. Held: The … Continue reading Campbell v MGN Ltd (No 2): HL 20 Oct 2005
